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Home My WebLink About20061983.tiff PUD FINAL PLAT • 'tit ADMINISTRATIVE REVIEW "'tit Sierra Acres PUD COLORADO CASE NUMBER: PF-1089 PLANNER: Kim Ogle APPLICANT: MBM Enterprises LLC AUTHORIZED c/o Todd Hodges Design LLC; 1269 N Cleveland Avenue, Loveland CO 80537 AGENT: REQUEST: A Planned Unit Development Final Plan for 9 residential lots,two agricultural outlots (41.5 acres) and open space (0.1 acres) ; Sierra Acres PUD LEGAL: Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to CR 27; south of and adjacent to State Hwy 392. ACRES: 69.36 +/- PARCEL NUMBER: 0805 19 000057 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code . The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. An approved on site Improvements Agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or PF-1089,Sierra Acres PUD,page 1 2006-1983 A /d'0,3 master plans of affected municipalities. The proposed site is within the three mile referral area for the City of Greeley and the Towns of Severance and W ndsor. The City of Greeley requested that the appropriate setbacks under the applicable zone should be maintained within the subdivision. The Town of Windsor stated that the proposal is consistent with their comprehensive plan and recommend approval provided adequate right-of-way is dedicated along County Road 27, State Highway 392 and to delineate the Greeley No. 2 Ditch easement as also being a"Public Trail Easement." Previous discussion with the Greeley No. 2 Ditch Board indicated no desire of the Board to have a Trail Easement adjacent to their irrigation Ditch. The Town of Severance responded that the proposed request did not conflict with their interests. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. Sierra Acres PUD will be serviced by North Weld County Water District and Individual Sewage Disposal Systems will handle the effluent flow E. Section 27-7-40.C.5-- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request for the Final Plat and are requesting additional information as stipulated in their referral dated March 28,2006. The Weld County Department of Public Works in their Change of Zone referral dated August 8, 2005 states "County Road 27 is classified by the County as a Strategic Roadway and an arterial road,which requires 140 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated.The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way reservation required."The applicants have submitted an Improvements Agreement According Policy Regarding Collateral for Improvements (Public Road Maintenance). A finalized Improvements Agreement will be required prior to recording the plat and accepted by the Board of County Commissioners. F. Section 27-7-40.C.6 — In the event the street or highway facilties are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. Conditions of Approval ensure that the applicant will complete an on-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code shall be accepted by the Board of County Commissioners prior to recording the final plat. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Colorado Geological Survey indicated that site-specific geo-technical investigations should be done for all structures. These are required by the Weld County Building Inspection at the time of the building permit. H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed zone district, as described previously. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. PF-1089, Sierra Acres PUD,page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance)including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works, Planning Services.) The Public Works Department in their electronic mail dated March 13, 2006 states the low bid is acceptable in determining cost basis for the excavation component of this agreement line item. (Improvements Agreement According to Policy Regarding Collateral for Improvements, Public Road Maintenance). (Department of Public Works) The Department of Planning Services requests an itemized accounting of the Landscape Improvements, including the PUD development sign for review and approval. (Department of Planning Services) B. The Restrictive Covenants for Sierra Acres PUD are conditionally approved by the Weld County Attorney's Office and shall be ready for recording in the Office of the Clerk and Recorder. The Department of Public Health and Environment (DPH&E) indicated in their referral dated April 4, 2006 that Section 1.26.03 and Section 1.9 require amendment. Section 1.26.03 regarding the management of the septic systems is commendable and not to be discouraged. However, DPH&E suggests that the language be modified to read "All septic systems shall be inspected once per year and pumped every four years by a common company...." If an inspection determines that a system needs pumping more frequently than the regularly scheduled occurrence, a statement regarding that situation should be included. Section 1.9 of the covenants references Commercial Uses. Specifically,the listed allowable activities on Lot 1 should be addressed. At no time in the application process has there been any discussion on the ability to board and train horses, conduct classes, or hold competitions or demonstrations. This appears to be a change in the application and all references to such shall be removed from the Covenants. The Weld County Attorney,via an electronic mail dated April 14,2006 states"The covenants for Sierra Acres looks okay, except there should be reference in the first recital paragraph to the legal description of the property where the subdivision is being created (the master parcel)." C. The document shall be submitted to the Department of Planning Services accompanied with the appropriate recording fee (six (6.00) dollars for the first page and five (5.00) dollars for each subsequent page). (The Department of Public Health and Environment, Attorney's Office and Planning Services) D. The applicant shall submit a Certificate from the Secretary of State showing that the Home Owners Association (HOA) has been formed and is registered with the State of Colorado. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) PF-1089,Sierra Acres PUD,page 3 E. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are.dwg,.dxf,and.dgn(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) F. The Plat shall be amended to include the following: 1. The Plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 2. All sheets of the plat shall be labeled with the case number, PF-1089 3. The interior road is proposed to be named Bravo Point. In accordance with Section 2-13-70.H.1.a.7 of the Weld County Code the road shall be named Bravo Point Way. (Department of Planning Services) 4. State Highway 392 is under the jurisdiction and maintenance of CDOT adjacent to this development. The applicant shall verify the existing right-of-way and any future right-of way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated on the Final Plat. (Department of Public Works) 5. The plat shall indicate the location of the development sign. The sign shall meet all setback and offset requirements and the location of the sign in the entrance median shall be part of an outlot owned and maintained by the Homeowners Association. (Department of Planning Services) 6. The New Cache La Poudre Irrigating Company request in compliance with the Weld County Code the centerline of the canal be clearly identified and the seventy-five(75) foot easement each side of canal be clearly delineated on the plat. (New Cache La Poudre Irrigating Company) 7. The most recent version of"Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. (Department of Public Health and Environment) (Department of Planning Services) 8. Primary and secondary septic system envelopes shall be designated on the plat. Each envelope must meet minimum current setbacks as specified in the Weld County Individual Sewage Disposal System Regulations. (Department of Public Health and Environment) 9. The Landscape Plan and Maintenance Schedule as approved by the Department of Planning Services.The Landscape Plan shall adhere to the requirements of Section 27-6-60 of the Weld County Code. The Landscape Plan shall be delineated in a legible font for all call-outs with the Plant Material List including Botanical Name, Common Name, Species as applicable, Size of material and whether it is can or Balled & Burlap (B&B). (Department of Planning Services) 10. The location and dimension of the bus pull-off/ pull-out area and bus shelter as required by the W ndsor School District, RE-4 and the Weld County Sheriffs Office. (Department of Planning Services) H. The Utility Board had no concerns with the Sierra Acres PUD Final Plat as proposed, and as stated at the March 23, 2006 hearing. (Department of Planning Services) The applicant shall specify the Home Owner's Association method of open space and/or landscape maintenance in accordance with the approved Landscape Plan. (Department of Planning Services) PF-1089,Sierra Acres PUD,page 4 J. The applicant shall provide written evidence to the Department of Planning Services that the cash-in-lieu of land dedication has been submitted to the Windsor RE-4 School District. (Windsor RE-4 School District, Department of Planning Services) K. The applicant shall provide the requested documentation as stipulated by the Department of Public Works as stated herein: 1. Public Works has reviewed (February 2006) Public Improvements Construction Plans for Sierra Acres P.U.D., by Wohnrade Civil Engineers, Inc. labeled "Preliminary". (Department of Public Works) A. The drawings must include a curve table to the references called out in the plans. (Department of Public Works) B. The Typical Asphalt Pavement Section - Bravo Point should remove any specifics pertaining to the thicknesses of materials, since a pavement design has not been submitted for this project. A general reference to an approved pavement design should replace any specifics of the typical section. (Department of Public Works) C. The Emergency Access Road Section should match any specifics pertaining to the thicknesses of materials, to the improvements agreement for this project. The contractor and Weld County Field Inspectors must be clear as to the construction of the emergency access road;especially material(s)and thickness(es). (Department of Public Works) D. The plans shall be resubmitted to Public Works. All drawings must be sealed(each sheet) by the engineer of record, before the Department will permit the case to proceed through the development process and before the plat may be recorded. (Department of Public Works) 2. Stormwater Management Plan for Sierra Acres P.U.D. -Final Plat Submittal, dated February 09, 2006, by Mary B. Wohnrade, P.E. (Colorado PE #30325) with Wohnrade Civil Engineers, Inc. (Project Number 0413.00-MBM) is generally acceptable to Public Works. A. The plan has included drawings labeled "Preliminary". The "Preliminary" designation shall be removed. (Department of Public Works) B. The plan should be resubmitted with sealed(each sheet) drawings by the engineer of record. (Department of Public Works) 3. Public Works has received a Engineering Geology Report for a Proposed Subdivision Part of the E%of the Section 19, Township 6 North, Range 66 West of the 6th P.M. - Weld County, Colorado, dated July 26, 2004, by Thomas W. Finley, C.P.G. with Terra Logics Consulting, LLC (Job No. 04-1032). A. The applicant shall submit a pavement design prepared by a professional engineer(to Public Works for review and approval) prior to paving activities for the proposed subdivision. (Department of Public Works) PF-1089,Sierra Acres PUD, page 5 B. The applicant shall be reminded that roadway base materials will be an item of recommendation from the pavement design. The sooner a pavement design is submitted, the more confident the contractor will be with the interior roadway construction. (Department of Public Works) C. The applicant must submit two(2)additional sets of final roadway,drainage, utility/construction plan drawings (stamped, signed, and dated) to Public Works for Weld County Field Inspectors' use during construction of the subdivision. (Department of Public Works) D. The applicant or their agents may be required to obtain permits from Weld County Public Works: Utility Agent, for each utility. Additional permits may be needed for: Development Construction, and Stormwater. (Department of Public Works) L. The applicant shall submit a signed Crossing Agreement between the New Cache La Poudre Irrigating Company and MBM Enterprises, LLC for the existing eighteen (18) inch steel pipe overchute going between the proposed retention and detention ponds. (New Cache La Poudre Irrigating Company, Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. Sierra Acres PUD shall consist of Nine (9) Lots with Estate Zone uses; two Out Lots with Agricultural uses, one at 17.9 acres and one at 23.9 acres; and 0.1 acres of open space as indicated in the application materials on file in the Department of Planning Services.The lots (Lot 1 through Lot 9)will adhere to the uses allowed in the E (Estate) Zone District, the two non-residential outlots shall comply with the Agricultural Zone District. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. All landscaping within the site distance triangles must be less than 3% feet in height at maturity. (Department of Planning Services) C. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) D. Agricultural Outlots 1 and 3 are non-buildable for residential structures. Agricultural and Agricultural Exempt structures are permitted on Agricultural Outlots 1 and 3, only. (Department of Planning Services) E. Weld County's Right to Farm" as provided on this plat shall be recognized at all times. (Department of Planning Services, Department of Public Health and Environment) F. Water service shall be obtained from North Weld County Water District.(Department of Public Health and Environment) G. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality PF-1089, Sierra Acres PUD,page 6 Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) H. Primary and secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setbacks , including the 100-foot setback to any water well. (Department of Public Health and Environment) Activities such as permanent landscaping,structures,dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) J. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) K. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department,a fugitive dust control plan must be submitted. (Department of Public Health and Environment) L. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) M. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) N. There are Confined Animal Feeding Operations in close proximity to this development. Residents should be aware that there may be flies and odors associated with these activities. (Department of Public Health and Environment) O. Auxiliary Quarters as defined by Weld County Code Section 23-1-90.d will be allowed on all Estate Zoned lots (Lots 1-9). (Department of Public Health and Environment) P. Building permits shall be obtained prior to the construction of any building or structure.Building permits are also required for the construction of any structure including the bus shelter, mail kiosk and any future entry way and or gates, if provided. (Department of Building Inspection) Q. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) PF-1089,Sierra Acres PUD, page 7 R. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) S. Each residential building will require an engineered foundation based on a site-specific geo- technical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) T. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) U. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) V. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 and Section 23-4-110 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) W. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). X. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the stormwater/ Drainage Impact Fee (Ordinance 2005-8, Section 5-8-40) (Department of Planning Services) Y. The property owner shall allow any mineral owner or lessee the right of ingress or egress for the purposes of exploration development,completion, re-completion, re-entry,production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) Z. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) AA. Any signs located on the property shall require building permits and adhere to Section 27-6-90 of the Weld County Code. (Department of Planning Services) PF-1089,Sierra Acres PUD, page 8 BB. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) AB. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations.(Department of Planning Services) AC. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment,and Planning Services,and adopted Weld County Code and Policies. (Department of Planning Services) AD. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) AE. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three(3)years of the date of the approval of the PUD Zone District,the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AF. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. The applicant shall supply the designated street signs and stop signs at the appropriate location. (Department of Public Works) PF-1089,Sierra Acres PUD,page 9 B. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Windsor Severance Fire Protection District have been met. (Department of Planning Services, Building Inspections &Windsor Severance Fire Protection District) C. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). (Department of Planning Services) D. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the stormwater/ Drainage Impact Fee (Ordinance 2005-8, Section 5-8-40) (Department of Planning Services) E. The Colorado Geological Survey indicated that site-specific geo-technical investigations should be done for all structures.These are required by the Weld County Building Inspection at the time of the building permit. (Colorado Geological Survey) PF-1089,Sierra Acres PUD, page 10 Clear Day Page 1 of 1 Donna Bechler From: Kim Ogle Sent: Wednesday, July 19, 2006 11:02 AM To: Donna Bechler Subject: RE: MBM Attachments: MBM FINAL PF-1089.wpd Staff comments were approved administratively on May 5, 2006 and plats recorded July 12, 2006 Utility Board of March 23, 2006 held Conditional Approval and have been forwarded to you from Voneen Thanks From: Donna Bechler Sent: Wednesday, July 19, 2006 10:52 AM To: Kim Ogle Subject: MBM Good morning Kim, I haven't heard anything from you regarding the Staff Approval sheet for MBM Enterprises/Bravo Interests, LLLP. I need that information in order to complete the Resolution for the Improvements Agreement which was approved by the Board on July 12, 2006. I would also like to ask you about a Staff approved RE file we have in our office for Brunello, LLC, RE:3746. It is regarding WCR 106. Are we waiting for the Board to approve anything else for Brunello, LLC, or do we need to return the original file to your office? We are holding back on recording the Deed of Dedication (from the 11/23/2005 meeting, when it was approved by the Board) until the roadwork is completed, and we haven't heard if the conditions have been met. Thanks Kim. Donna 7/19/2006 I/ /f22, MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, March 23, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10'" Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Robert Fleck, Don Carroll Also Present: Kim Ogle, Jacqueline Hatch, Brad Mueller, Sheri Lockman, Ted Eyl, Jesse Hein. CASE NUMBER: PF-1089 APPLICANT: MBM Enterprises LLC PLANNER: Kim Ogle LEGAL DESCRIPTION Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: PUD Change of Zone for Nine (9) Estate Lots and 0.16 acres of open space (Sierra Acres PUD) in the A(Agricultural)Zone. LOCATION: West of and adjacent to CR 27; south of and adjacent to State Hwy 392. Kim Ogle, Department of Planning Services, presented Case PF-1089. There are two non-buildable outlots. Access is from CR 27 which is a paved road. Greeley#2 Canal bisects the property to the south, irrigation to the north bisect the residential units from outlot one. Each lot has a primary and secondary leach field for septic systems. There are 20 foot perimeter easements, 10 foot side lot line easements, 50 foot irrigation easement along the north irrigation line and right-of-way along the Greeley#2. Todd Hodges, representative for the applicant, added that the agricultural outlots contain standard uses. Should those develop further there would need to be a additional processes. There are the typical easements for perimeter, right-of-way and property lines. Doug Melby asked if the existing holding tank was part of this proposal. Mr. Hodges stated there is a tank on the Southeastern section north of the Greeley#2 and it has a 200 foot radius. Wth the Estate Zoning the setback is 200 feet from oil and gas facilities per county code. Robert Fleck asked where the closest waste water treatment facility was. Mr. Hodges stated it was in Windsor and it is approximately six miles from this site. Mr. Hodges added there is a future line north that will come from Severance to tie into Windsor. Mr. Ogle added it is the old Great Western RR line from Windsor to the north east. This proposed sewer line is approximately four miles from the site. Don Posselt moved to accept. Doug Melby seconded. Motion carried. CASE NUMBER: MF-1069 APPLICANT: David & Susanne Schwind PLANNER: Jacqueline Hatch LEGAL DESCRIPTION Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Minor Subdivision Final plat for 4 residential lots, The Highlands, with Estate Zoning. LOCATION: East of and adjacent to CR 5; south of and adjacent to CR 38. Jacqueline Hatch, Department of Planning Services, presented MF-1069. The utilities will be provided by Little Thompson, septic systems, Excel Energy, United Power and Qwest. The plat shows a 15 foot gas easement running parallel with CR 5 as well as a 30 foot prescriptive easement for the Ish Ditch that runs parallel with CR 38. The Department of Planning Services is recommending that the applicant provide a utility easement on the front, rear and side lot lines as per Section 24-7-60 of the Weld County Code. The plat currently shows 12 foot utility easement on Highland Court and staff has requested this to be 15 feet. Don Carroll asked about the Highland Court being 60 feet of public right-of-way and the additional 15 feet should be located outside the 60 foot easement not internal. The perimeter easement needs to be 20 foot, the lot line easements shall be 10 foot on either side. Ms. Hatch asked if the 20 foot would be additional to the 15 foot gas easement on CR 5 for a total of 35 feet. Mr. Carroll asked if the gas easement were prescriptive or not. The additional easement would be better either behind or incorporated depending on the existing gas easement. Don Carroll stated that the easement needs to fit the typical pattern of easements per Section 24-7-60 of the Weld County Code. Jesse Hein, Public Works, added there were some easements discussed with himself and the applicant and those have been accommodated on the plat drawings. Robert Fleck moved to approve. Doug Melby seconded. Motion carried. CASE NUMBER: AmPF-354 APPLICANT: James & Cheri Scott PLANNER: Brad Mueller LEGAL DESCRIPTION: Part of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Replat and subdivision of Lot 7, Shiloh Estates into four lots, three additional lots, located in the Shiloh Estates PUD Zone District. LOCATION: North of CR 72 off of Cornerstone Way within Shiloh Estates subdivision which is located between the Towns of Windsor and Severance. Brad Mueller, Department of Planning Services, presented Case AmPF-254. There is a 60 foot access utility and drainage for the main access into the site. There is a 15 foot drainage and utility easement adjacent to this. The lot lines have 10 foot easements on both sides. There is an outlot A that contains a 20 foot utility and drainage easement. The northwest corner of the property contains an easement for an existing water line. Brad Mueller added that one of the unique features is the lot lines come to the center of the roadways and an easement placed over those lot lines. This will keep the plat consistent with the approved Shiloh Estates Subdivision. These are access easements over private lots. Don Carroll indicated there are a couple of things. The first concern is with the inconsistency with the entrance onto Cornerstone Court and whether more can be asked for. Mr. Mueller stated that was outside the scope of this application and was in existence. Mr. Carroll added the difference in the labeling on the plat for the 20 utility easement being a 20 foot utility, drainage, irrigation, maintenance, riding, biking, jogging and walking. The board was agreeable with this with the understanding that there will be utility uses. Don Posselt moved to approved. Doug Melby seconded. Motion carried. CASE NUMBER: PF-1093 APPLICANT: Terra Firma Ventures LLC PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86. Sheri lockman, Department of Planning Services, presented Case PF-1093. Utilities will be provided by North Weld Water District, Excel Energy, Qwest and Poudre Valley REA. The septic systems will be designed to connect to Boxelder Sanitation. Don Carroll asked about the 10 foot easement along Tract A& C and questioned whether the front line easement is adjacent to the public right-of-way. Ms. Lockman stated she had not spoken with the applicant regarding that location but had spoken with them regarding the 10 foot on Lot 1 and Lot 9. Mr. Carroll stated that utilities will need to run across Tract A since there is no designated easement along the road right-of-way. Mr. Carroll stated the easement needs to be adjacent and a note can be placed on the plat stating the outlots can be used for utilities. Ms. Lockman added the applicant would rather have the easements kept out of the tracts and be kept in the lots due to the drainage facilities. Mr. Posselt added there is irrigation along the road that leaves no room for an easement. There is not much room along CR 15 for easements. Mr. Carroll stated there needs to be some connectivity along Tract A to be able to get internal. The request is a 20 foot easement on the south end of Tract A. The easements between Tract A and Lot 1 and between Tract C and Lot 9 need to be 15 foot. Robert Fleck asked if there needed to be an easement included in Tract B in case utilities need to cross there. Mr. Posselt stated there needs to be something on the island or the utility will need to go around. Mr. Fleck suggested the proposed 15 foot easement be continuous from Tract A through Tract B to Tract C. Sheri Lockman summarized the suggested changes to be a 20 foot easement extending from the county road right-of-way to Lot 9 on the north side of Tract C, 20 foot easement on the south end of Tract A to Lot 1, west side of Lot 1 & Lot 9 the easement shall be 15 foot and the 15 foot easement shall be extended through Tract B. Robert Fleck moved to approve. Don Posselt seconded. Motion carried. CASE NUMBER: PF-1087 APPLICANT: Ed Orr PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot B of RE-3181; Pt W2NW4 of Section 30, T6N, R66W of the 6th P.M., Weld County, Colorado REQUEST: PUD Final Plan for nine (9) residential lots with Estate Zone Uses LOCATION: North of and adjacent to CR 62 %; approximately 1/4 mile east of CR 23 '/%. Sheri Lockman, Department of Planning Services, presented Case PF-1087. The utilities will be provided by North Weld Water District, septic systems, Atmos Energy, Excel Energy and Qwest. Don Carroll asked about outlot B. Mr. Casseday stated that was an open space buffer to the railroad. The applicant intends to landscape the area along with the extended easements for future uses. This easement request was made by North Weld County Water District. Mr. Carroll asked if there were any issues with the north lot line easement is it satisfactory within lots 5 &6. Mr. Posselt indicated the utilities will be coming in from the north. Mr. Casseday indicated there will be no structures in open space B. Sheri Lockman stated that between Lot 1 and outlot 1 as well as Lot 9 and Open Space A there is only a 10 foot easement. Mr. Carroll stated that 10 foot is narrow so the suggestion is 15 feet along the front. Mr. Casseday stated they could change it to 15 feet or put a 10 foot easement in the open space for a total of 20 feet. Mr. Carroll indicated another option would be to include a comment on the plat that some of the open space could be utilized as a utility easement. Mr. Posselt stated that the outlot with this note would allow for utility crossing at any location. A 10 foot easement would be better suited for the area. Sheri Lockman indicated a need to modify the easements to ensure the bus shelter is not located on the easement. Staff and the applicant are willing to address this. Don Carroll indicated the only modification is to adjust the 10 foot utility 15 foot along the south side of Lot 1 and Lot 9. Don Posselt moved to approve. Doug Melby seconded. Motion carried. UTILITY BOARD BYLAWS Kim Ogle, Department of Planning Services, provided clarification on the language with regards to north and south hearing locations. Staff has determined it better to add that language now in case there is a need in the future for a south Utility Board. This will allow for a north and south utility board. Doug Melby recommended some grammatical corrections. Respectfully submitted, Voneen Macklin pDEPARTMENT OF PLANNING SERVICES re • NORTH OFFICE 918 10T" Street GREELEY, CO 80631 WI I PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C� SO HW EST OFFICE COLORADO 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 February 22, 2006 MBM Enterprises do Todd Hodges 1269 N. Cleveland Ave Loveland CO 80537 Subject: PF-1089- Request for approval of a Planned Unit Development Final Plan for 9 residential lots, two outlots and open space on a parcel of land described as Lot B of RE-30O6; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, March 16, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10'" Street, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley, Severance and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9780, Severance at 970-686-1218 and Windsor at 970-686- 7476, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, 1$ �gl: Planner PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0805 19 100002 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co weld_co.us)_ (Include all lots being included in the application area,If additional space is required,ettrnir an additional sheet) Legal Description Lot B,AmRE-3006 located in Pt. NE4 , Section 19 , Township 06 North, Range 66 West Property Address(If Applicable) 32723 WCR 27 Greeley,CO 80634 Existing Zone District: PUD Proposed Zone District: PUD Total Acreage: 69.36 Proposed#/Lots 9 Average Lot Size: 2.66 acres Minimum Lot Size: 2 acres Proposed Subdivision Name:Sierra Acres PUD Proposed Area(Acres)Open Space:0.3 acres Is this application to be reviewed as a Cluster PUD?Yes_No X Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: MBM Enterprises, LLC c/o Anthony Brigham and JR McEntee Work Phone#(970)669-0717 Home Phone#N/A Email Address NA Address: 6425 Clearwater Drive City/State/Zip Code Loveland CO 80538 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Design, LLC Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: toddhodqesdesiqn@gwest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland, CO 80537 UTILITIES: Water: North Weld County Water District Sewer: Proposed Septic Gas: LP Electric:Poudre Valley REA Phone: Qwest DISTRICTS: School: RE-4.Windsor School District Fire: Windsor/Severance View Fire Protection District Post: Greeley 80631 I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agerdsigns,a letter of authorization from all fee owners must be included with the application.If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(We)the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated wee of Weld County,Colorado: . (A-9-- /z_✓6-GS / 1./r ({ > ✓(:: /Z-7/5:-71— Signature:Owner or Au oozed Agent Date Si ature- w er or AUthodzed Agent Date I, t lkfu-o,C C ��{ct,, _7--, YY�AA_ki-- 1 IsiC,..i,, `Si nature: ner or Authori ent Date Signature: Owner\ir Authorized Agent Date 1269 North Cleveland Avenue Loveland.CO 80537 / (970)613-8556 Letter of Transmittal Date: 14-Feb-06 To: Weld County Planning Services ATTENTION: Kim Ogle Project: MBM Sierra Acres Final Plat Submittal Via: Fax UPS Mail Overnight Pick Up Courier x Hand Deliver We Transmit for your: Informatior X Files X Approval X Correction Signature Return Number of Copies: 25 Number of Pages: var. See Transmittal Remarks: Attached are 25 copies of the Final Plat application submittal for Sierra Acres PUD. The original contains original signatures and Check#1045 in the amount$2,400.00 for fees. The original and three copies contain the following information: Cover, Table of Contents, Application and Authorization Forms, Development Guide, Road Access Form and reduced plats, and Final Plat Narrative with support documentation (30 pages); Deed, Title Commitment, FEMA and Soils Maps and Narratives(12 pages); Mineral Affidavit and Surrounding Property Owner information (5 pages): Tax Certificate, Improvements Agreement, Covenants(37 pages); Utility Letters(13 pages); Landscape Plan and Seed Specification (5 pages); Podtburq letter of support(1 page); Plat, Engineering Plats, Stormwater Plan, Drainage Design Considerations, attached documents and plat. Two copies of the Stormwater Plan are attached for Public Works at their request Three packets are labeled for Public Works, Public Health and the Attorney. Twenty-one additional reduced packets are included. Additional Utility Plans are attached. Please let me know if you need additional information. A copy of the recorded Change of Zone plat will be provided to you. FROM: Todd Hodges, Todd Hodges Design, LLC COPY: Anthony Brigham with receipt OnblWi ' Todd Hodges Design, LLC Sierra Acres Final Plat Application Non Urban Planned Unit Development (specific guide) Prepared for: MBM Enterprises, LLC c/o Anthony Brigham JR McEntee 6425 Clearwater Drive Loveland, CO 80538 Prepared by: Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 Submitted: February 14, 2006 1169 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(aeart link.net Todd Hodges Design, LLC Table of Contents Sierra Acres PUD Final Plat Specific Development Guide 1. Application Form 2. Authorization Forms 3. Final Plat Narrative and Response to Staff and Referral Comments a. Windsor Severance Fire Protection District b. Address List, Weld County Building Inspection c. Windsor School District, RE-4 d. Weld County Sheriff's Office e. United States Postal Service 4. Development Guide 5. Weld County Road Access Information Form 6. Reduced Final Plat 7. Warranty Deed 8. Title Commitment 9. FEMA FIRM Map 10. Soils Map and Narratives 11. Mineral Affidavit 12. Surrounding Property Owner List 13. Weld County Treasurer Statement of No Taxes Due 14. Improvements Agreement 15. Covenants 16. Utility Service Providers a. Qwest Will Serve, August 1, 2005 b. Poudre Valley REA, July 21, 2005 c. North Weld County Water District 17. Petro-Canada Letter 18. Landscape Plan and Seed Mixture 19. Engineering Documents including Utility Plans, Road Plans and Certificates, Attached 20. Recorded Change of Zone Plat, To Be Delivered 21. Final Plat, Attached 22. Application Fee, $2,400.00 1269 Yong; Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 entail: toddhod;esdesi,naearlhlinA.net MBM Enterprises, LLC Anthony R. Brigham Katina Martin-Brigham John R. McEntee Tonya Brigham-McEntee 6425 Clearwater Drive Loveland, CO 80538 To Whom It May Concern: Please be advised that We, Anthony R. Brigham, Katina Martin-Brigham, John R. McEntee and Tonya Brigham-McEntee, hereby authorize Todd Hodges Design, LLC, to represent us in our endeavor to subdivide our property located in part of the NE4 Section 19, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado. The parcel is known as Lot B, RE-3006. � Anthony R. righam / date / likeoAyt e'fr--- j z-lv- aS—Ktina Martin-Brigham date Jo R. McEntee date Tonya B .ghasn-McEntee date OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Donetta Davidson, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, MBM ENTERPRISES,LLC is a Limited Liability Company formed or registered on 07/07/2003 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20031217563 This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/28/2005 that have been posted, and by documents delivered to this office electronically through 03/07/2005 @ 14:16:20 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver,'Colorado on 03/07/2005 @ 14:16:20 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6165948 . O ' SIN ;, _Z ute,,,hus- ti Secretary of State of the State of Colorado **********44****************************End ofCertificate**************************************** Notice:A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, bttp://www.sos.state.co.us/biz/CerlificaeeSearchCriteria,do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and it not necessary to the valid and effective issuance of a certificate. For more information,visit our Web site, http://www.sosstate.co us/click Business Center and select "Frequently Asked Questions." ARTICLES OF ORGANIZATION OF MBM ENTERPRISES,LLC The undersigned natural person of the age of eighteen years or more,acting as organizer of MBM Enterpises,LLC,organized and created under the provisions of the Colorado Limited Liability Company Act,hereby adopts the following Articles of Organization for said Limited Liability Company: FIRST: The name of the Limited Liability Company shall be MBM Enterprises, LLC (the "Company"). The initial principal place of business is: 2707 Granada Dr.,Loveland, Colorado 80538, SECOND: The period of its duration shall be ten years from the date of filing these Articles of Organization with the Colorado Secretary of State. THIRD: The address of the initial registered agent of the Company within the State of Colorado is 2707 Granada Dr.,Loveland,Colorado 80538, The name of the Company's initial registered agent at such address is John R.McEntee. FOURTH: Management of the Company shall be vested in one or more Managers,to be selected as provided by the Operating Agreement of the Company. The name and business address of the initial managers who shall serve as managers until the first annual meeting of members or until their successors are elected and shall qualify are:John R.McEntee,2707 Granada Dr.,Loveland, Colorado 80538; and Anthony R. Brigham,2228 Parallel!Drive,Loveland, Colorado 80538., FIFTH: M •ame and address of the organizer is:Tonya Brigham-McEntee,2707 Granada Dr.,Loveland Colora 0 80538. Sign.. i``► �Zf 1 7 TONYA B' 0 MCENTEE Date a� ACCEPTANCE BY REGISTERED AGENT The undersigned JOHN R. MCENTEE hereby consents to appointment as the initial registered agent of the Limited Liability Company. FILED DATE: 7 Z O3 Gtir1 trorvtrrrn ov Daea J R.MCENTEE 009ECRargaY 0Y9T:.^ 20031217563 M $ 50,00 SECRETARY OF STATE 07-07-2003 16:14:42 ap Sierra Acres Planned Unit Development Final Plat Narrative 27-7-30.A. A recorded change of zone plat which delineates the proposed uses will be provided to the Department of Planning Services. 27-7-30.B. A Certificate of Title is included in submitted application materials. 27-7-30.C. A Certificate of Title covering all public dedications is not applicable to this application. 27-7-30.D. A Deed is included in application materials. 27-7-30.E. A tax statement from the Weld County Treasurer's office in included herein. 27-7-30.F. A Certificate from a qualified engineer in the State responsible for the design of the utilities is not applicable to this application. 27-7-30.G. Deed restrictions are not applicable to this application. 27-7-30.H. An improvements agreement according policy regarding is included herein. 27-7-30.I. Review of this proposal by Weld County Public Works has insured the street system serving this PUD is adequate. 27-7-30.J. A separate off-site road improvements agreement proposal is not applicable. 27-7-30.K. An improvements agreement according policy regarding collateral, including the construction schedule is included in application materials. 27-7-30.L. A Letter of Credit, or other approved method or combination thereof as outlined in the Improvements Agreement, in the amount of the improvements will be presented for acceptance to the Board of County Commissioners. 27-7-30.M. A certified list of surrounding property owners is included herein. 27-7-30.N. A Mineral Affidavit was included in the Change of Zone application materials. 27-7-30.O The Sierra Acres PUD is in compliance and meets criteria as set forth in the Change of Zone application materials and Board of County Commissioner's Change of Zone Resolution. This proposal has been reviewed under the specific guide. 27-7-30.P. The Final Plan map is included in application materials. 27-7-30.Q. A landscape plan,as accepted by the Board of County Commissioners at the Change of Zone hearing is included in application materials. 27-7-30.R. A utility map is included in application materials. Sierra Acres PUD for MBM Partnership Response to Change of Zone Referral Agency Comments This portion of the application materials for the aforementioned Final Plat will respond to comments received with the Change of Zone Referral Agencies and those items listed as requirements for submitting the Final Plat application. Windsor/Severance Fire Protection District The August 31, 2005 referral did not indicate any items to be addressed. A copy of this referral is attached. Weld County Building Inspection Address List A copy of the Address List prepared by Lin Dodge, Building Technician is included. School District The Weld County School District, RE-4, approved the Subdivision entrance design. Evidence is submitted again herein. Sign Plan and Landscape Plan The applicants prepared a sign plan for the subdivision sign to be placed in the island. The applicants prepared a landscape plan for the island plantings. Both items were submitted prior to the Change of Zone hearing by the Board of County Commissioners and are submitted again herein.A grass mixture recommendation prepared by Pawnee Buttes Seed, Inc. was provided to Planning Services at the Board of County Commissioners Change of Zone hearing. All items are submitted again herein. United States Postal Service The applicants received approval of the street name, addressing and mailbox location. Evidence is included herein. Specifications are included in attached application materials. Weld County Sheriff's Office The list of items below corresponds to the paragraphs of the Weld County Department of Public Health and Environment referral dated August 17, 2005. See a letter dated February 1, 2006 from the applicants to the Sheriffs Department. The Sheirff's Department indicated a response was sent to Kim Ogle at Planning Services. 1. A school shelter has been designated on the plat. 2. Outlot 4 is intended to be used as a mail distribution center. 3. A subdivision entrance sign is designated for the island. 4. The surface of the internal road is intended to be maintained by Weld County. Weld County Public Works will include the internal road in their "Pavement Management System" upon acceptance by Public Works. Peter Schei with Weld County Public Works confirmed that the County will maintain the surface of the road. 5. Maintenance of the internal road is the responsibility of the Homeowner's Association. A sample of maintenance items may include snow removal and weed control,for example. 6. A contact name for the Homeowner's Association is Anthony Brigham or JR McEntee until the lots are sold and residents are on site. 7. Encanna has verbally indicated they will fence the oil/gas sites and that this request cannot be accommodated by the applicants. 8. No comment. 1 6 Weld County Referral Wei�R��lanning pew ' LEY OFFICE SEP July 27, 2005 C. REC I2005 COLORADO EIVED The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PZ-1089 Please Reply By August 25,2005 Planner Kim Ogle Project PUD Change of Zone for Nine(9)Estate Lots and 0.16 acres of open space (Sierra Acres PUD)in the A(Agricultural)Zone. Legal Lot B of RE-3006;part NE4 of Section 19,T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392. Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. Weld County Planning Commission Hearing(if applicable) October 4,2005 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan pl—We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Dated/3%/G �— Agency +Weld County Planning Dept. +918 10^Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)3046498 fax SIERRA ACRES PUD Developer: MBM Enterprises LLC Case # PZ-1089 (Change of Zone from Ag to PUD) Todd Hodges PT NE4 19-6-66 Planner: IGm Ogle ZONED PUD/ESTATE W/ 2 AG OUTLOTS IS NOT IN FLOOD PLAIN (0606C) NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS POUDRE VALLEY REA LP HEAT WINDSOR/SEVERANCE FPD WINDSOR RE-4 SD QWEST COMMUNICATIONS GREELEY PO 9 RESIDENTIAL LOTS, 2 AGRICULTURAL OUTLOTS & OPEN SPACE PRELIMINARY ADDRESSING Lot 1 32692 Bravo Point Lot 2 32690 Bravo Point Lot 3 32697 Bravo Point Lot 4 32705 Bravo Point Lot 5 32709 Bravo Point Lot 6 32715 Bravo Point Lot 7 32704 Bravo Point Lot 8 32698 Bravo Point —or- 32691 Bravo Point (depending on access) Lot 9 32695 Bravo Point Outlot 1 ? access Outlot 2 326% Bravo Point Outlot 3 ? access Outlot 4 32695 Bravo Point Lin Dodge, Building Technician Building s Department 91810 Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 Todd Hodges Design, LLC November 10, 2005 NOV 1 4 2005 Mr.John Karbula, Superintendent Windsor School District,RE-4 1020 Main Street Windsor, CO 80550 RE: Sierra Acres PUD for MBM Partnership, located south of and adjacent to State Highway 392 and east of and adjacent to WCR 27 in unincorporated Weld County,Colorado. Dear Mr.Karbula, Thank you for meeting with us in October. As discussed, Option 3 enclosed is your preference for the school bus stop area. MI figure applications will reflect this preference. Upon receipt of your signature on this letter, this document will be entered into the official record with Weld County prior to the Board of County Commissioner's Hearing scheduled for December 7, 2005. Your return of this letter prior to that date is desired. In addition we have enclosed a copy of a letter dated January 24, 2005 with the former Superintendent's signature. Your signature at the bottom of this letter verifies your acceptance of this letter and serves as evidence of such. Sincerely,Avuvu, Anne Best Johnson, CP Todd Hodges Design, 7 uperintendent Enclosure: Sheet 3 of 3 "School Bus Turn Out"; January 24,2005 letter 1269 North Cleveland Avenue • Loveland, Colorado 80337 • (970)613-8556 •fax(970) 6134775 email:taddhodgesdesign(ghearthllnknet Todd Hodges Design, LLC January 24, 2005 JAN 262005 Mr.Brian Lessman, Superintendent Mr.Dave Sullivan,Director of Transportation Windsor School District, RE-4 1020 Main Street Windsor, CO 80550 RE: Sierra Acres (formerly MBM) Planned Unit Development located in unincorporated Weld County, south of and adjacent to State Highway 392 and west of and adjacent to Weld County Road 27. Dear Superintendent Lessman and Mr. Sullivan: This letter serves the purpose of summarizing items discussed and solidifying a basic understanding of conditions you will request from Weld County through the development review phases of the aforementioned subdivision. I would like to thank you for scheduling a meeting to discuss the aforementioned subdivision with me on your agendas. Dave Sullivan and I had a time-efficient meeting to discuss the potential of a bus entering the proposed subdivision and placement of a school shelter along the northern entrance. Mr. Sullivan indicated the school bus will not enter the subdivision except for the proposed flared entrance where the internal road and Weld County Road 27 meet. The bus shelter will remain just south of the entrance. As stated in my previous letter of November 22, 2004, a bus pull-off along Weld County Road 27 is not required as the bus will stop at the entrance within this flared area discussed previously. Additionally, staging of vehicles along the internal road may occur during poor weather in the morning for pick-up and in the afternoon for delivery. The current cash-in-lieu of land dedication fee is$1,214.57 per lot. This fee is required to be paid prior to recording the final plat through Weld County. Evidence of payment is a condition prior to recording this plat. Our clients understand this fee may decrease or increase as time passes. We would like to receive written confirmation that the two letters, the first dated November 22, 2004 and this letter,have met with your approval. Please sign the bottom of this letter and return a copy to me for our application to Weld County,or you may provide a letter of response under separate cover. We look forward to working with you through the referral process. A goal of these early meetings is to gain your support, incorporate your needs, and solidify our design prior to when site designs are submitted for review to Weld County Planning Services. By doing so, your referral is positive as your input has been incorporated into the site design. Feel free to contact us at any time. We may be reached at(970) 613- 8556. Thank you again. Si cere1y, Anne Best Johnson, CP Todd Hodges Design,L 1/,1 Iry 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 •fax(970) 613-8775 email: toddhodgesdesign®earthlink.net ra C - 'S kx tz* PkLn I // 1 \\` EXISTING EDGE OF ASPHALT I SIERRA ACRES P.U.D. EXISTING UTILITY POI1E (TYP.) ' 70.0' 70.0'I - I PROPOSED SUBDIVISION MONUMENT SIGN I -_-- _ --_--_ ---LANDSCAPED ISLAND- -- � - _, _--- r R200.0' - - I 0 ice' - 12.0 R15.0' I O - - - R15.0' . . _. O _ 30.0' c Z BRAVO POINT R15.0' ... =. . I1 12.0' R15.0' -1 (7:D) D 4.0' NP__ _ 10 AASHTO LARGE SCHOO BUS NJ (8.0'4(40'L) J PROPOSED EDGE OF ASPHALT I I I (ASPHALT SURFACE SHOWN SHADED) I PROPOSED EDGE OF SHOULDER // I J OUTLOT 2 (FOR PROPOSED BUS SHELTER) I I I I I I I I I I I 30.0' EXISTING RIGHT-OF-WAY I -1 I 40.0' RIGHT-OF-WAY RESERVATION 1 I I I I I _ I --------N 50 0 50 100 150 Feet 1-- I----a I I ( IN FEET ) 1 inch = 50 ft. Pak"'k 0413.00 SIERRA ACRES P.U.D. � Date EXHIBIT 1 WONNRADE CIVIL ENGINEERS, INC. Sheet 10/05/05 Scala: .U)M.Nun Sleet! \ Barringlen.limning 1•� 0 Shen.(847)38!-271 Far (!0)381—Da! 1 Designed Ely: SCHOOL BUS TURN OUT I i \Sheeuj MBM Enterprises, LLC Anthony R. Brigham and ICatina Martin-Brigham John R. McEntee and Tonya Brigham-McEntee 6425 Clearwater Drive Loveland, CO 80538 February 1, 2006 Mr. Kim Ogle, Planner Weld County Planning Services 918 10th Street Greeley, CO 80631 RE: Sierra Acres PUD, located in part of the NE4 Section 19, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado. The parcel is known as Lot B,RE- 3006. Dear Mr. Ogle: On Wednesday, January 18, 2006, JR McEntee and Anthony Brigham met with Ken Poncelow of the Weld County Sheriff's Department. The purpose of this meeting was to review his department's referral responses dated August 17, 2005 for PZ-1089. We informed him that the next step is to complete Conditions of Approval, record our Change of Zone plat, and then submit our Final Plat application. We provided him with a letter detailing the following methods of addressing his concerns outlined in his referral as well as an Address List prepared by Lin Dodge, a Reduced Plat, and the 8/17/05 Sheriff Referral. The letter detailed the following: 1. See enclosed plat for a School-District approved area by the entrance for shelter placement and bus stop location. 2. See enclosed plat. The Development Guide submitted with the Change of Zone application specified the purpose of Outlot 4 is for a central mail distribution location. This location has been approved by the U.S. Post Office. 3. See enclosed plat. The island located at the entrance will contain a sign. 4. The surface of the road will be maintained by Weld County Public Works. Weld County Public Works will include the internal road in their "Pavement Management System"upon acceptance by Public Works. 5. Covenants to be submitted at the time of Final Plat will include a statement regarding the maintenance of the internal road. Such items include snow removal,weed control, for example. 6. A contact name for the Homeowner's Association will be provided to you as soon as one is established. Until that time,please feel free to contact us. 7. The ultimate decision to fence existing oil and/or gas operations will be made by the operator. We have contacted the operator and they will make a decision to fence and install any fencing, if desired. 8. The internal street name was approved in your referral. Attached is a list of addresses for your review. At our meeting, We asked Mr. Poncelow to provide written approval of these comments. To date, we do not have this written approval. This letter, and my meeting, serve as evidence that this Condition has been met. I can only assume the Sheriff's Department is a referral for the Final Plat and that they will have an additional opportunity to respond. Please feel free to contact my representatives at Todd Hodges Design, LLC (970) 613- 8556 with questions. Sincerely, AneMartin-BrighamK� -k` `� Anthon . Bri Katina John R. Mctee y gh En Ton a Bn atit cEntee MBM Enterprises,LLC Anthony R.Brigham and Katina Martin-Brigham John R McEntee and Tonya Brigham-McEntee 6425 Clearwater Drive Loveland,CO 80538 December 21,2005 Ken Poncelow and/or Mr.J.D. Broderius Weld County Sheirff's Office 2110"O"Street Greeley, CO 80631 RE: Sierra Acres PUD,located in part of the NE4 Section 19,Township 6 North,Range 66 West of 6th P.M.,Weld County,Colorado. The parcel is known as Lot B,RE-3006. Dear Mr.Poncelow and Mr.Broderius: This letter is a response to your referral dated August 17, 2005 for PZ, 1089. We received approval of our Change of Zone application on December 7, 2005. The next step is to complete Conditions of Approval, record our Change of Zone plat, and then submit our Final Plat application. This letter will respond to the items contained in your letter. 1. See enclosed plat for a School-District approved area by the entrance for shelter placement and bus stop location. 2. See enclosed plat. The Development Guide submitted with the Change of Zone application specified the purpose of Outlot 4 is for a central mail distribution location. This location has been approved by the U.S.Post Office. 3. See enclosed plat. The island located at the entrance will contain a sign. 4. The surface of the road will be maintained by Weld County Public Works. Weld County Public Works will include the internal road in their "Pavement Management System" upon acceptance by Public Works. 5. Covenants to be submitted at the time of Final Plat will include a statement regarding the maintenance of the internal road. Such items include snow removal, weed control, for example. 6. A contact name for the Homeowner's Association will be provided to you as soon as one is established. Until that time,please feel free to contact us. 7. The ultimate decision to fence existing oil and/or gas operations will be made by the operator. We have contacted the operator and they will make a decision to fence and install any fencing,if desired. 8. The internal street name was approved in your referral. Attached is a list of addresses for your review. Please feel free to contact us with any questions. Our representatives at Todd Hodges Design, LLC may also be reached at(970)613-8556 with questions. Sincerely, Anthony R. Brigham Katina Martin-Brigham John R.McEntee Tonya Brigham-McEntee Enclosures: Address List,Reduced Plat, 8/17/05 Sheriff Referral Weld County Sheriff's Office MemoWeld County Planning Department C'EELEY OFFICE To: Kim Ogle AUG 17 2005 Front Ken Po celow Bate August 172005 �®"' E I V E D Re: PZ-1089 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriff's Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address,and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriff's Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. The street name in this subdivision is approved. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. EXHIBIT 1 y, ₹, !2 587'09133HW so.ss COLORADO STATE HIGHWAY 392 -Sea/I9 Cor. 6 &.ling Ag. Acta 441.55' .. --- c 481.80' 500.00' � �r.T' '-_ a` '98 =a... ..d.el' N. 1/4 Cor -",yfii — �•��_ - —__--.-- --Pao Q,f4 I' g Ag- Amen Sec. 19..6—.. ---- --- _ — Ia t— :_ _ io RcgM�f 'h'a��nU°on, N00'16'52'�W _ —100' Highway RseuraUon as "' 4O"n aed 224.95'(m) at \ \ N.wuc d from tfghway CoteriesMM of way ��,--J „ N226.001(r) txw• \ ourLor 1 Ery� PrapoeadM, and �- \ Agricultural "riist Acres Zoning I 350560'(m) I I Emergency Moire l 30' tYgation Ewarwrn p 11BS33OF-E cc 390.43'(1) G S19'20'495E \ 400• x 400' Pf0pwed Drill Window 1 \' $ II 1p 65.95' 1 I 92705'1 9.1E .. Eating CwcraCO ORtdhi(.) 7 I £j I bp • —I 30' Emergency 44.99' `\ Irrigation Easement I I T11 y Mesa Eatemm I I n S38'50'42"E I` �C I I I - a I ffiI O 91.39' I �\ ��_ 1 4.r Ia.v IC I T--,, —:g----4` / 3 V Ica Ai I I LOT 6 I 1 II I I t I rte.. 2.42 Aerie I 1I r- 800'800' a 800' Propoead Cellbinder. ` ` 1 I — J --- I � O LOT 5 \ ��.� " i� keen fir m.% I Z I_'_I IE 2a d:Awes , I? ( LOT 7 $ I—-I 1 2Jx Mae `I I$-. Z I _ C_ x r1. IO I r r—�_�rte__- E5 � ' LOT 4 I / I LOT Anne I ; I I ;mil i i I I v H ` E I e0' Right of way I {t- 1.. I tR r',_ OUTLOT 4 I ni I L J I 1.07 9 r.`,a OS Mm I I 4 rn r '1 \) I riff Aare. 3 s"two 4 I M I I 2.01m Imo' - I LOT 3 I '{ayar et.,S.. 379.76'(m) . B.bdm'.bn sign and V. w I x6r M.. I � S89'41'3 " e La,denpsd Aran i _ I Prowled FyUard 019) I r J L_� i �/I; OUTLOT 2 I I l 032 Awes I I I LOT 2 \ I/' 80' flight —_h!of Way--- I (for m. Shelter) I I I 332 Mm \` I 1 100' Septic Setback a 3.1 .ns.o. 562 Ames II I —__1_11 from Top a!Bank —— II u I I _ I GREELEY _ N ' ;''" io L.,_,,,,0„)--• °h"uT ..-7.—"f �e 1vI -'.�4 1I N 4 I w.�'e11\ r, ��'1 1 190' Ng. 2 Canai I / \ I1O .--(L I Existing 01(/Qnt/tan I n h) Irrigation mh\Mme Formant / \II I 10 �NM 1 N. Y/ �� e !4., Mrr rr�e rn.rr ��Wpferte LoeagM�./I p rr.wi qM bN a1 Oroinogs owman) I Existing Ol/44e Inver w 11 it.air I COINS Olt .Y OIJIt.OT 3 I 3 water Woe r mow.w I nw w.aJ Aprkugarol 200110 DISK WI I �i I _ Existing Ditch Access I 23.ys Mrst Eked A* L--- . --J Existing Ditch Boca. 30' County Rood !r Ali l2:oAiry I Right of VW [acting Q1w w/O Arno I1 'If 1r See 897'Og'621g I Ramie:neaOf —H I oa..s 13467 J Existing Ag. Maw L. C. 1/4 Cor. 1313.90'(m) Sec- 19-6-86 nano N8700'171E ward w ma NBT00'24 F 1314.43'(r) mg es g11700.24.411448.0010 CE. 1/16 Cor- ,I' Sec. 19-6-66 SIERRA ACRES PUD Developer: MBM Enterprises LLC Case # PZ-1089 (Change of Zone from Ag to PUD) Todd Hodges PT NE4 19-6-66 Planner: Kim Ogle ZONED PUD/ESTATE W/ 2 AG OUTLOTS IS NOT IN FLOOD PLAIN (0606C) NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS POUDRE VALLEY REA LP HEAT WINDSOR/SEVERANCE FPD WINDSOR RE-4 SD QWEST COMMUNICATIONS GREELEY PO 9 RESIDENTIAL LOTS, 2 AGRICULTURAL OUTLOTS & OPEN SPACE PRELIMINARY ADDRESSING Lot 1 32692 Bravo Point Lot 2 32690 Bravo Point Lot 3 32697 Bravo Point Lot 4 32705 Bravo Point Lot 5 32709 Bravo Point Lot 6 32715 Bravo Point Lot 7 32704 Bravo Point Lot 8 32698 Bravo Point —or- 32691 Bravo Point (depending on access) Lot 9 32695 Bravo Point Outiot 1 ? access Outiot 2 32696 Bravo Point Outlot 3 ? access Outlot 4 32695 Bravo Point Lin Dodge, Building Technician Building Department 918 10 Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 CUSTOMER SERVICE ��-+++++ UMTEDSTMES POS AL SERVICE Date: 1-19-06 Subject: Sierra Acres To: MBM Enterprises LLC In regards to the plot plan for Sierra Acres, located at county road 27 and highway 392, the postal service would not have any problems with a zone change from Ag to PUD. The addresses and plot plan are acceptable. We are also in agreement on the placement of the CBU for mail delivery. It will be installed on the north side of the entrance. If you need anything else please call. Thank you 1 ,'-(1„ (717-$ David Gifford DAVID GifEDRD 925 I Ins AVE GREELEY,Co.80631-9998 (970)392-2782 FAX:(970)353-7368 -� 587'0 33°W s .56 STATE HwHWAY 392 E 1/16 Dz. COLORADO Sec. 19-6-66 481.80' tea-iris-6 50 5'0• t664.az' 442: : $66'53'06'W T--N0016'5216 5ST15'36'W 58T06'06'W 33st' N. 1/4 cor. - • _-----1I r Existing M.Aram Sec. 19-6-66 QI� • --- 40'6gnt a"—kl L r-- "®° I I N00'16'52aW N 1 30'Davdy mwe I.t rn 1 _Net or way 224.95•(:) O m \ r- _ _____1-1 1400225.16'52'W 91 .. At. \V o OUR9T 1 t _Frope.m �d \ Agricultural Zoning --1� 380.60'(:) I Emergency ao 17.rt Acre. \ New5Y06'6 519°20'49° 400' .400�w osed (kill Wndowa, \ m 5 N I rn r 65.95• I - __ a ',e, O S27'05'19'8 N\ -- I Ca /9 44.99' S36'50.42sE\ \ f \�,\L-Daat Easement o �"" ISI 0 91.39' -� ) w� Im6 C y0D •- I rte}__------------�— =--------- , 3v 1; 1 IL set sate I t 1 T`., r�� \ 1 k ^— 800' . ea0' Proposed Drill Window �r1 —Cr-- 4—g ' y j 2LOT ,i .6 ( LO 7 14� IG O Lf �� '' ( , I —� Ira It.. l L �( Xv h3 I Z F , r—r_, r_Y _ f r�, :0 ;A- LOT 4 % I�w 'e°\ l'. 8 _d I u N (. I —E L '60'r6ant m way J • I in f I v m iv LOT 9 I L' C\./j r m r 1 I Lk zts'bss �TIe.a6'(.) C tN LL' T C( I m M1 LOT 3 I r,,.�,. _ "w \ C z.ar.tares z.at - y�wa 39.7:•m _ I,y sund:.wion son and CT/ I 1' . 'd0 landscaped Ares �, I L J I 1 —•. _ ° Propm.d Hydrant tyP) kl I r 7 L—— L . T OUTLOT 2 \ Acme I _ _ _i i (for Bus skdw) \' I --n ` 60 at or war 4� N --4]80--r att Acres �` �ti r SePWj TdP�M =' k I 3 a L_ La T_1__ GREELEY � � DRAINAGE EASEMENT I -"ix. N.,.l `._ 83 i °s° ( aor Wage Do_J Anna I ��I I ₹n —61,±)— � i d6 Greeley�_:..nt r� 1 tdsun 08/cos Access I I \� J I F -. \\ \I� ..t.,...- . 4780 / JT Existing oath Access I 400 . 400' Proposed Drill Windows \\ 3 OUTLOT 3 \\\r Agricultural '°is t ll eat �drr �� I EaMYg Ditch Access I 340awa,rr 11 I 40' sight of wm I' a0 98134.02' 6160 4 Reservation J r Existing I9.Acts c. 1/a c 0L- •1g2�TE 1313.90'(:) Sec. 19—S-6-66 .�.�� 1314.43'(x) 66Tonline 1448.60'(x) CE. 1/16 Car.— ��°'° Sec. 19-6-66 Mir ideerf3� ��K� R;b4 ��Wt cb-- ---5 ` .,tree �� O10.1) 707 Snout I4 a Palle. t—pv> G-.Ati G d''aC Y 22,.7_ Ylz Reg-se £-A R°l--y 22.2 - o7( 2 cr&.c Sett di 447C aPrecr/ ' .SIERRA ACRES PUD Developer: MBM Enterprises LLC Case # PZ-1089 (Change of Zone from Ag to PUD) Todd Hodges PT NE4 19-6-66 Planner: Kim Ogle ZONED-PUD/ESTATE W/ 2 AG OUTLOTS IS NOT IN FLOOD PLAIN (0606C) NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS POUDRE VALLEY REA LP HEAT WINDSOR/SEVERANCE FPD WINDSOR RE-4 SD QWEST COMMUNICATIONS GREELEY PO 9 RESIDENTIAL LOTS, 2 AGRICULTURAL OUTLOTS & OPEN SPACE PRELIMINARY ADDRESSING Lot 1 32692 Bravo Point Lot 2 32690 Bravo Point Lot 3 32697 Bravo Point Lot 4 32705 Bravo Point Lot 5 32709 Bravo Point Lot 6 32715 Bravo Point Lot 7 32704 Bravo Point Lot 8 32698 Bravo Point -or- 32691 Bravo Point (depending on access) Lot 9 32695 Bravo Point Outlot 1 _ ? access Outlot 2 32696 Bravo Point Outlot 3 ? access Outlot 4 32695 Bravo Point Lin Dodge, Building Technician Building Department 918 10al Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Fax: (970)304-6498 MBM Enterprises LLC Sierra Acres PUD Specific Development Guide Introduction The Sierra Acres Planned Unit Development (PUD) proposes nine single-family residential units ranging in size from 2 to 5.78 acres. The property is located west of and adjacent to Weld County Road 27 and south of and adjacent to State Highway 392. This Development Guide is submitted with this application through the Specific Development Guide option. The intent of the entire PUD application process is to Plat the property for uses consistent with the PUD Change of Zone and compatible with surrounding land uses. The final plan consists of 9 single family Estate lots and five Outlots. Outlot 5 is the island entrance to the Subdivision. Outlot 2 shall contain the bus shelter. Evidence of approval by the school district is included in application materials. There is a bump-out in the vicinity of Outlot 4 that shall be used for the mail kiosk. The applicant has met with the United States Postal Service to discuss mail delivery to this development and approved as submitted herein. Outlot 4 is common open space. Outlot 1 and Outlot 3 are to be zoned Agricultural. The intended use of these agricultural Outlots is to retain the ability to transfer the property as well as the ability to construct agricultural buildings on each Outlot. The development of the site will be compatible with the architectural style of the surrounding land-uses and with the overall character of the area. This development proposes the ability of each lot to have Auxiliary Quarters as defined by Weld County Code Section 23-1-90. This definition shall be adhered to with the exception of the 2.5 acre lot size as defined in the Covenants submitted with this Final Plat application. Proposed land uses within this property include those allowed by right in both the Estate and Agricultural Zone Districts. The following Development Guide has been prepared in accordance with Article VI of Chapter 27, Weld County Code. Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One—environmental impacts 1. Noise and vibration 2. Smoke,dust and odors 3. Heat,light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. The end use of the site will be residential. 7. Wastewater disposal All wastewater disposal on the site will be through the use of Individual Septic Disposal Systems. 8. Wetland removal To the applicant's knowledge,this proposal does not remove wetlands. 1 9. Erosion and sedimentation 10. Excavating,Idling and grading 11. Drilling,ditching and dredging Any on-site grading, drilling,ditching or dredging will be done sympathetically. The applicant has had numerous conversations with the oillgas operators on this site. The standard "no-build" circles have be delineated on the Plat. Erosion will be kept to a minimum. A small detention pond has been added to the southwestern corner of Lot 2 to accommodate stormwater detention without crossing the Greeley No. 2 Canal. See attached Engineering documents for Final Plat. 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. 16. Radiation/radioactive material To the applicant's knowledge,there are no radioactive materials located on this site. 17. Drinking water source The drinking water source is through North Weld County Water District. A letter dated November 29, 2004 from the North Weld County Water District is included herein. Approval by Lee Morrison,Assistant County Attorney is included herein. 18. Traffic impacts The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. The vehicular circulation system is proposed to be paved. The width, depth of the roadway and the radius of the cul-de-sac will be designed to meet the Weld County Public Works standards and regulations. The internal roadway is proposed to be dedicated to the public. A roadway cross section has been included with this application. The primary access to the subdivision is from Weld County Road 27. No loading zones are proposed as the use will be residential. Additionally, no off-street parking areas have been depicted as the ample lot size will adequately accommodate residential parking needs. The applicant has met with the Windsor Fire Protection District and has included a proposed emergency access onto WCR 27 at the northeast corner of the property. This proposed access is located as far south as possible from SH 392. This proposed access would replace the existing access that is closer to SH 392 and would allow for emergency access and continued agricultural access to Outlot 1. All remaining existing access points illustrated on the Weld County Road Access Information Form as well as the attached Plat are crucial for the continuance of agricultural and oil and gas activities on site. These access points are historical and based upon the existing uses of the property. Each building permit issued on the property shall conform to the Weld County Road Impact Fee Program. The modifications made to the entrance between the Change of Zone Planning Commission and Board of County Commissioner's hearing has been approved by both the Fire Protection District and the School District, as stated on record at the Board of County Commissioner's hearing. Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this Planned Unit Development include the Windsor School District, Weld County law enforcement, and the Windsor/Severance Fire Protection District. A bus shelter and collection point has been designated south of the subdivision entrance. The property owners have also been in contact with the 2 Windsor/Severance Fire Protection District and the United States Postal Service to discuss the development and incorporate discussion points into this application. The address list obtained from the Department of Planning Services on October 20, 2005 was provided to the Weld County Sheriff and the Post Office. Evidence is submitted herein. The Weld County Ambulance and the Fire Protection District will be referral agencies with this Final Plat application for review. 5. Transportation (including circulation and roadways) 6. Traffic impact analysis by registered professional engineer Agricultural access, ditch access and oil and gas accesses shall remain as noted on the plat. These access points are consistent with the needs associated with such uses and approved by the Board of County Commissioners at the Change of Zone hearing. 7. Storm drainage Storm drainage will be handled on-site. A small detention pond has been added to the southwestern corner of Lot 2 to accommodate stormwater detention without crossing the Greeley No. 2 Canal. See attached Engineering documents submitted herein. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions The drinking water source is proposed through North Weld County Water District. Approval by the Weld County Attorney's Office is included herein. A final agreement is a condition prior to recording the Final Plat. Materials supplied with the Change of Zone application have been included with this application. All wastewater disposal will be handled through an Individual Sewage Disposal System. Section 27-6-60 Component Three—landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water Any landscaping improvements will be focused on the entry treatment and illustrated on an enclosed plat and illustrations as approved by the Board of County Commissioners at the Change of Zone hearing. Landscape elements have been included in the on-site improvements agreement, schedule A. Section 27-6-70 Component Four—site design 1. Unique site features There are no site features unique to this particular property. 2. PUD rezoning consistent with Chapter 22 of Weld County Code Section 22-2-190.D.2.a PUD.Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development." The applicant has carefully considered the uses on-site, adjacent properties and the existing use of the property. The result is consistent with the existing and planned uses on adjacent properties. The Final Plan is consistent with the PUD zone district approved on December 7,2005 by the Board of County Commissioners. A. Goal 1 indicates, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." Through this PUD Process, both Outlots 1 and 3 will be able to continue in agricultural uses,be transferred separately and have agricultural accessory structures constructed upon them. Goal 3 "Discourage urban-scale residential, commercial and industrial development,which is not located adjacent to existing incorporated municipalities." Chapter 23 of the Weld County Code defined urban scale development 3 as developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. This application proposes nine PUD estate lots and two agricultural out-lots. The application is not located adjacent to a municipality or other PUD's, subdivisions, municipal boundaries or an urban growth corridor or boundary. The property is located within the standard 3-mile referral area for Greeley, Windsor and Severance. These three communities received referrals through the Sketch Plan and Change of Zone review processes. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties and the existing irrigation practices of the area. All recorded plats will include the Weld County Right to Farm,found in Appendix 22-E of the County Code. The applicant proposes to adhere to the Estate Zone District on Lots 1 —9 and the Agricultural District for Outlots 1 and 3. The bulk requirements listed in the Weld County Code for both Districts will be adhered to. Lots I- 9 will have the opportunity for Auxiliary Quarters as defined in Section 23- 1-90 of the Weld County Code (with the exception of minimum acreage requirements as approved by the Board of County Commissioners at the Change of Zone hearing). A letter of support from Podtburg Dairy was included with prior applications and has been included with this application. The fencing standards for the western property boundary were established after speaking with the adjacent land owner at the Board of County Commissioner's Change of Zone hearing. These fencing standards were obtained from the Colorado Division of Wildlife to allow free movement of wildlife. The western boundary of the property shall be fenced prior the sale of any lots. Fencing shall be installed by the developer and maintained by the individual lot owner. This fencing and any additional fencing of the Subdivision perimeter shall be a three- strand, double stay barb-wire fence. The lowest strand shall not be lower than 18 inches measured from the ground. The highest strand shall not be higher than 38 inches measured from the ground. Side lot lines may be fenced in this material at the individual homeowner's expense. Additional fencing options and standards are outlined in the Covenants included with this application. The project engineer has been in contact with the Irrigation and Ditch Companies. Section 1.04 of the draft Covenants submitted herein indicate an additional setback area for Lots 3, 4, and 5 as indicated upon the Plat. This setback was discussed at the Change of Zone hearing with the Board of County Commissioners and shall be illustrated on the recorded Final Plat document. 5. Overlay districts Upon review of the Weld County flood hazard, geological hazard and airport influence maps, as well as the 1-25 Mixed Use Development Area Map and Chapter 19 of the Weld County Code,this proposal is not located within these overlay districts. Section 27-6-80 Component Five—common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15%common open space allocation 4 Common Open Space is not a requirement for this particular proposal per Weld County Section 27-2-140. This proposal is allocating five Outlots. Outlot 5 is the island entrance to the Subdivision. Outlot 2 shall contain the bus shelter. Evidence of approval by the school district is included in application materials. There is a bump-out in the vicinity of Outlot 4 that shall be used for the mail kiosk. The applicant has met with the United States Postal Service to discuss mail delivery to this development. Outlot 4 is common open space. Outlot 1 and Outlot 3 are to be zoned Agricultural. The intended use of these agricultural Outlots is to retain the ability to transfer the property as well as the ability to construct agricultural buildings on each Outlot. Outlots 1 and 3 are not to be used as common open space. Rather,these outlots are zoned PUD Agricultural and intended for agricultural uses, not open space common to the residents.Covenants address the ability of Outlots 1 and 3 to resubdivide in future. Future uses on site will be required to establish a Homeowners Association to govern the method of open space restrictions, as well as the maintenance and ownership of the common elements, including Outlots 2 and 4. Agricultural accessory buildings may be constructed on Outlots 1 and 3. Section 27-6-90 Component Six—signage All signage within this PUD will comply with the sign standards set forth in the Weld County Code. Future signs require a Building Permit. This Final Plat application has designated a location and includes a sign design as approved by the Board of County Commissioners at the Change of Zone hearing. Section 27-6-100 Component Seven—MUD impact This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight—intergovernmental agreement impacts This proposal is not located within an Intergovernmental Agreement Urban Growth Boundary area. This proposal is located within three miles of the communities of Severance,Windsor and Greeley. 5 .- ,I I11II 11111 Ilil 111111 11111 111111 11101 HI 11111 3080243 071074Y003 02.11P Weld Coe*,tO 1 al 1 R 8.00 fl 28.60 Steve Montle Cleet 1*Recorder WARRANTY DEED THIS DEED, Made this • Tn� day of July, 2003 between Todd R. Bruteig, Undivided-1/2 Interest and Rick A. Davis, Undivided 1/2 Interest of the County of Weld and State of Colorado, grantor, and John R. Mcentee and Tanya Brigham-McEntee, Anthony R. Brigham, and h'atina Martin-Brigham whose legal addre'ts is ,7.701 ' i r of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sue of TWO HUMMED SIXTY FIVE THOUSAND AND 00/100, ($265,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, it any, situate, lying and being in the County of Weld and State of Colorado, described as follows; Lot 0, Recorded Exemption No. 905-19-1-RE-3006 being a portion of Section 19, Township 6 North, Range 66 West of the 6th P M., Weld County, Colorado per map recorded May 7, c)• 6) 2001 as Reception No. 2846510 also known by street and number as 33723 Weld County Road 27, Windsor, Colorado 80560 TOGITHER with all and singular the hereditaments and appurtenances thereunto belonging,eon or rein nsa iwises appertaining and the reversion and reversions, remainder and interest, claim and demand whatsoever ofethef, and , the estate, right,rorhe,equity,title, and to the above bargained premises, with the ghereditaaentsrand n law p or cs of, in appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, doss covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is wall seised of the premises above convoyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to bargain, sell and convey the saes in manner and form aforesaid, and that thersame are free and clear from all former and other grants, bargains, sales, liana, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except covenants. conditions,eneral taxes for 2003 reservationsnant derights ars; xofp way t aofmrecord, it anyions, in The rantor sh ll and will WARFANT AND VOREvEA DEPEND the above-bargained premises against qu itie and t andevery peaceable possession of the grantees, their heirs and assigns, thereof, person or persons lawfully claiming the whole or any part The singular number shall include the plural, the plural the singular, and the use of any IN WITNESS Wr RSREQYll bthepgrantorehas executed this deed on the date set forth above. N. [s�c1d R. Bruteig, ndiv 1/2 Interest a >� i A. Davie Undivided 1/2 Interest STATE OP COLORADO as. The foregoing instrnment was acknowledged before County of Weld ) me this n .� day of July, 2003 by Todd R. Bruteig, Undivided 1/2 Interest and Rack A. Davis, Undivided 1/2 Interest Witness my hand and official seal. P�p My commission expires July 18, 2004 Fes. aL • NANCY A. ARY 1 ai 1OMA PUBLIC oN°•, a!% 1009 37th Av . Ct.,, Ste. 101 No. 921A. tl`• ig4, 9� 85 Greeley, COLORADO 80634 Of c Feb 13 06 12:09p Katina Martin Brigham 970 669-0717 p. 4 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. FC25062415 Schedule A Ctmt. Ref.: Property Address: 32791 WELD COUNTY ROAD 27 WINDSOR, CO 80550 1. Effective Date: February 02, 2006 at 5:00 P.M. 2. Policy to be Issued,and Proposed Insured: Information Binder Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein Is at the effective date hereof vested in: JOHN R. MCENTEE AND TONYA BRIGHAM-MCENTEE AND ANTHONY R. BRIGHAM AND KATINA MARTIN-BRIGHAM 5. The land referred to in this Commitment is described as follows: LOT B,AMENDED RECORDED EXEMPTION NO. 0805.19-I-AMRE-3006 BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6Th P.M., WELD COUNTY COLORADO PER MAP RECORDED OCTOBER 29,2004 AT RECEPTION NO. 3231577, COUNTY OF WELD. STATE OF COLORADO. Feb 13 06 12: 09p Retina Martin Brigham 970 669-0717 p. 5 ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. PC25062415 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to-wit: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product,nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Feb 13 06 12: 10p Katina Martin Brigham 970 669-0717 p. 6 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC25062415 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens,encumbrances,adverse claims or ocher matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges,if any. 9. ALL RIGHTS TO ANY AND ALL MINFRAI 5,ORES, AND METALS OF EVERY KIND AND CHARACTER AND ALL COAL, ASPHALTUM,OIL AND OTHER LIKE SUBSTANCES IN OR UNDER SAID LAND AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF MINING TOGETHER WITH ENOUGH OF THE SURFACE OF SAME AS MAY BE NECESSARY FOR THE PROPER AND CONVENIENT WORKING OF SUCH MINERALS AND SUBSTANCES AS RESERVED IN PATENT RECORDED SEPTEMBER 19, I883 IN BOOK 36 AT PAGE 393. 10. RIGHT OF WAY EASEMENT FOR IRRIGATION DITCH, RESERVED BY JACOB FRITZLER AND ELIZABETH FRITZLER, BY INSTRUMENT RECORDED JANUARY 02, 1959 IN BOOK 1521, AT PAGE 309. 11. OIL AND GAS LEASE BETWEEN ERNEST W. TIGGES AND STELLA M.TIGGES AND ROY G. MILLER, RECORDED JANUARY 26, 1978 UNDER RECEPTION NO. 1742722 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOET: EXTENSION OF OIL AND GAS LEASE RECORDED DECEMBER I. 1982 AT RECEPTION NO. 1910182 AND AFFIDAVIT OF PRODUCTION RECORDED JULY 14, 1983 AT RECEPTION NO. 1933563. 12. EASEMENT GRANTED TO ASSOCIATED NATURAL GAS, INC., FOR PIPELINE FOR Feb 13 06 12: 10p Katina Martin Brigham 970 669-0717 p. 7 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC25062415 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: TRANSPERTATION OF OIL, GAS. PETROLEUM AND OTHER SUBSTANCES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED OCTOBER 25, 1983, UNDER RECEPTION NO. 1944713. 13. EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, FOR OVERHEAD AND/OR UNDERGROUND ELECTRIC LINE. AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED JUNE 13, 1990, UNDER RECEPTION NO. 2216806. 14. RESERVATION OF ROYALTIES FROM OIL AND GAS MINERALS ON PROPERTY AS SET FORTH IN DEED RECORDED DECEMBER 28, 2000 AT RECEPTION NO. 2815857. 15. EASEMENTS,CONDITIONS, COVENANTS,RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF RECORDED EXEMPTION NO.0805-19-1-RE-3006 RECORDED MAY 7, 2001 AT RECEPTION NO. 2846510 AND AMENDED RECORDED EXEMPTION NO. 0805-I9-1-AMRE-2006 RECORDED OCTOBER 29, 2004 AT RECEPTION NO. 3231577. 16. REQUEST FOR NOTIFICATION RECORDED APRIL I,2002 AT RECEPTION NO. 2938305. 17. DEED OF TRUST DATED JULY 02, 2003, FROM JOHN R. MCENTEE AND TONYA BRIGHAM-MCENTEE AND ANTHONY R. BRIGHAM AND KATINA MARTIN-BRIGHAM TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF SIERRA BRAVO TO SECURE THE SUM OF 5275,000.00 RECORDED JULY 07, 2003, UNDER RECEPTION NO. 3080244. 18. DEED OF TRUST DATED JULY 02,2003, FROM JOHN R. MCENTEE AND TONYA BRIGHAM-MCENTEE AND ANTHONY R. BRIGHAM AND KATINA MARTIN-BRIGHAM TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF SIERRA BRAVO TO SECURE THE SUM OF 5145,000.00 RECORDED JULY 07, 2003, UNDER RECEPTION NO. 3080245. Feb 13 06 12: 10p Katina Martin Brigham 970 669-0717 p. B N ^, LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. Note: EtTective September 1, 1997,CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left,right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the tap margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-t, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed'. Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no.4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A)The land described in Schedule A of this commitment mast be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against vo-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction,improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include:disclosure of certain construction information;financial information as to the seller, the builder and or the contractor, payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B,Section 2. A)That there is recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil,gas,other minerals,or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 Feb 13 06 12: 10p Retina Martin Brigham 970 669-0717 p. 9 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm-Leach-Bliley Act(GLBA)generally prohibits any financial institution,directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction,such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice,no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: *Financial service providers such as companies engaged in banking,consumer finance, securities and insurance. •Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 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(Farah;77Te r%l.t lltre/'La/-m Jtde?,u 91-4 f. CL,varnu+7. w'ue nette-c!/are,dtt-tze/cureo neer&0%.442_ 1 ,Durk]_ 6 I Iran,nu,}6a e/fr/!�„1,:e7<<",oat/. __.. _ - - ! /to fe. QrteG i i t ;Y. 4eAn n., U t ��er<-f t�_.✓Zfl `�Rnt9f/f7j2,—y- _ e.i.. .es✓dar.(,GC�c-c 4L'7(J/Oi.--Kili/m€n4 Endue dut)t /aerd/./eT .72en e �1 14-rtlfvr-a¢%q✓cz art u/vu�mLl. L i,rrael/ 7ttiZL[� fille lx irf�dlt/ t yr x ltor/ at ru.r+y fortni Saetti t.t r<_-C•`rvy� ,eJl.-.a oA.<a 1 -�t.if'b it G 1/ J 666�� 1 ((/ . 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Cate/4 4:479../ naoAs�a rasrcl/(a.P,Fc to nvvr.- - ! dlco/.rcOer/:a . -- ' v k 1 mL.tu Gaa r.• !JJwJGoftt'> nr/.24,-,:GCJ C: 47,....r2✓7-4„ /izettf• ._ _/ e6t.4�l0,2 fG er/ •'g! ,�P�/t.�(G)7Zt !C'tut.tdillget/✓/t.Zluse%ln,/lxae(L,y{a.esti-`4md40./ed/v!.r 1 /isttn aG oetzeeso6t L/G1 + A. .Tama o`( r„ O ' /u e *,,, ' ./4. .CC eZie tdAkeua yk"� 1� y.- 4 cl,��o J� `!wd/04 Rr ,tau �/to/t. sure o> C/ uar.(irrsUrutltt✓ ! .e Ant A. ,rvt 1i� ee✓tfu..rd�u.ci'lLYl L alu.2asa/ aaa; � . !L/2wrer..,r�-C -U P .4- 0.61 .2 ., /6 !4„4.11 6' 6 4 /e r I/{f/ fj ( , J . y �� . tai f • edilljt S �t�rea,vidu b _ ` asece. G � in t>, r - .// 1o21 :.--3'i:► Refolded at 1.4,_...,.....___ O'cllck e,:‘,-11, Jr.'.' 2- 1�c9 Re coo I,n No. i ti:J l:kll; ..a..s—a , Recorder. KNCA1 ALL MEN (IY TNESL PRESENTS, That JA:Itmm F:(ST.1.-.t ant S... - I f the County of Weld . and State el Col(rato, fcr the consideration of other valuable cons!'eatln' ar•. -, '$1-.'9)- - -Dollars, F ;•• _ I in hand pato, hereby sell and convey h. i_. . -1,F t = A 1,• "A' , not SO '1 as tenants in cannon, hut in joint .rnanry wit` -t h o ,•.- ' c^..`ip, 1ta of the County of Weld and State of Color ado, b e ((!lowing real property. situate in the C urty rf .-1d ana State rf Cclurado, tr-wits li/'. The Wrst halo n" the Nort.h..ast ^'r,rtnr (WINS 1 oe - ..... Oa'', - rh1n 6 North, Ranee r•A West or the f•eh ' '•I - - ..;rr tad 'J.•d reel r,ti nn ^,:mm:, two (') y..", •, uirr' v;; Cj Reservoir rod n°' 1 I - .. '.,• 1 • L i r '. ml .. , nth . am rolennnnJ to "+tonr a err•n :�. ifs( 1 1 n,hi n' •. n nts with 'hr. rirnt or 'ft vv oo.ht . •r -• • • in nd •o all r..• f nil, rss and n rmin.,-,12, i n ,n' .:. .. ..-,•:.,_. ..1th a r1 Cbt nr inr e n ..m. I _.. r it I 4 with as i's a ,n' •y.- .1.- . .. ,.., -'-' ms-t . fl ut InnO s C. r,;.r to the nd on 1 'inns ' hi ! . •• _ - .-4 t Lntn- '2.o .;, •qnn ah, .h ...,• is Lr s's••••• -.- , a'.rn loin:+-st W. :'ran ' rn•!r coal :.-nercinr 'n'•n • ;.-1... chit n" wit • rn IrrLr'itinn , l:Inv 'in :. •.e 'lead ror e.he ,.y...ja rn n. atnr 'n nd ..,.q � �..,. ...,.. . ter to n -::a•. ' and hn: nn oe,•r n... i...,... ..... ... Sns!.r-lnrnG: or r•-nr+I. w . n ita., wfm tentria . a t,e r ni,311M Minartkf iambs ar.n ..ea.-.e,wc.{.wxtq 1 1 kV. IF i V ' 9 .� fA) L _ r Slane!' and delivered this •lst Was .( :'+ r , A, D. 2058 • In the presenrr el %"r mac_ c - (SCA!) ! " -. - (sift.) (SEAL) STATE OF COL(1AOJ, ) as. COUNTY OF WILD. ) e The foregoing instrument was acknen C.;ed refire re this 1st now of '1-cenber ( _ 19 gr.'s, Jacob Snit l-r :mi '::lrabnth r. r ' WI SS my hang and oft lc tat seal. 1 (k..,,.... ,ary•Gael6laslrn expires -1te:G_ '/1 t, r...- .1 • ` C ' Notary Public. .Ir Iv NATURAL 110400 Oa 4aa0Fa -reel.. 'warn! wave 0. w parse. .. new. w- a .tiKefNte. ,IH 00 >IICIAL CAPAc,v, on ea Li Toe's.. Y-t.'1. 1..lw noon .1,K Of 048104 a ertu•cc, ♦1ToeXv- o.N<CT On nTKc CA0ACITY 4 Ot*te,.tIOid it 0, Oar Xe Or tr.r &,,o-. cre, 'watcl 'AK C' pyN 01. . 'cote 00 or,HY4. AS iM 141011000 4 01Ke 0lrlt( S or Cote CCLrIn..OV, 'Argo IT. -- S'.Ty1fev wf.at00KMT. MSS,M 1021. 4r1A Of II ._ STATVIONY ram. e 9O0( 321 (-A,. _: pp ft p Recorded at ._ .—..— o doac _j_..___IA, _ 1970 �?�I ' Rec. No, _�_�.'t't11__ Mary /urn Feucrstein, Recorder fl I. '� J - 1 or WILRIN5 VPINTINC.INC.1825 GLENARm PLACE.DENVER COLORADO 9020]I3O3)8911691 n88 Revised OIL AND GAS LEASE Coro oao-bran Ip• no s9, THIS AGREEMENT, made and entered into if is 5th dog of December ,v77 by one between Ernest W. Tigges and Stella M. Tigges, husband and wife -- - : `2799 Weld.County.Road.27, Greeley, Colorado _ .. , hereinafter called lessor (whether one or more), and --.;y.G_.IMiller, 2303,Colorado State Ban) . Bldg, Denver, CO. 80202 hereinafter called lessee: WITNESSETH.. that lessor, for and in consideration of ten and more DOLLARS Is 10.00.and]more none port re e,or of which is hereby acknowledged. and of the agreements of I hereinafter set forth. h-,mv giants, demises, leases and lets rely unto win lessee the lands hereinafter described for the purpose of ['respecting, emlmrng by geophysical and Omer methods, drilling, mining,using lot and producing 0 or gas, or both, including. but not a o I,m,tot,an, casinghead gas. c smgheod gasoline, gas-condensate (antidote, e d n. substance. whether t m,br or dissimilar, produced m a gaseous state, together with the right m construct and m mta,n pipe lines, telephone and<Ice. OM lures anti, powe ponds, roadways, plants, eauipment, ono structures thereon to produce,save and take care of said oil and gas,and the e-clusvc right to toed' or, gas,r water brine and other fluids from any source into the subsurface strata and any and all other rights and privileges necessary, in. convenient to e'�ie economical o of said a'nid, alone or ointly with neighboring land, for the production, saving and taking of • Or eared gas and the rnlection of a , grit water, brine, and other fluids l Into the subsurface strata, Said lands being situated in the County a of Weld ztate of _. _..Colorado_.. and being described as follow, to.w,t - '. ..__vii c-? Township.6 North - Range 66 West Section 19: W. NE1/o • 'C) of secr.o,. 19 Township 6 N ..., Range 66W _, it being the purpose and men of lessor to lease, and less:, does hereby e\: lease, au a the lands or interests in lands owned by lessor which odloin the lams abate described or which Re in the section or sections heron specified. For all outposts et this lease, said lands shall be deemed fa contain 80..00 acres. five 'yy'' Subrect to the other provisions herein contained. this lease shall remain in force for a term of'1 ?l4 t years from this date (herein called "primary terra") and as long Thereafter as oil and gas,or either of them, s produced from the above described land or drilling operations ore continuously prosecuted , eTeeeinafter provided. -Drilling operations' includes operations for the drilling of a new well, the reworking, deepening or plugging back of a well o ' hole or other operations conducted in on effort to obtain or r tobi,sh production of oil co nsidered gas, and drilling operations shall be c nsided to be ' d tmore usly prosecute if n than 60 days shall elapse between the completion c abandonment el one well or hole and the c of drilling rs s another well or hole 11, at the expiration of the primary term of this lease,oil or gas ,s not being produced from the abate described land rr, then engaged in drilling operations, this lease shall coot,n in farce so long as doling operations are continuously prosecuted, and if produc- ed or gas results from o such drilling operations. This lease u shall continue in force so long as oil or go,shall be produced. Ir and the e v ta of this lease,prduction from the above described land sh se, this lease shall nor terminate it lessee then prosecuting drilling within 60 days otter each such c of production commences drilling operations, and this lease shall remain in force so long e ions are continuously prosecuted, and it cessation results meretromm men as long Thereafter as oil or gas s produced te abOre described land h • ration of the premises, lessee co rants and agrees 1st. To c deliver, free of cost to lessor at the vwells. or credit of lessor in the pipeline to which the wells may be connected. the equal one-eighth It Ile) pert of all 0,1 and other liquid hydrocarbons produced nan sowed from the leases premises r at lessees option, to pay 10 lessor for such re- r ergt.'h I royalty the market price at the well for such oil and other liquid hydrocarbons of like grade and grasitY prevailing On the day Such Od end ether liquid hydrocarbons are run from the lease stock Tanks 2nd Tn pry lessor one-eighth 1141 of the proceeds received by lessee at the well for all gas (including all substances contained m ouch gas) produced from the leased premises and ,old by lessee if such gas is used by lessee off the leased premises or sed by lessee far the manufacture of casinghead goat„ne or other produrts to pay to lessor one-eighth I4e1 of the prevailing market price al the well for the gas to used. . if no well becommenced said land before from the date hereof this lease shall (except otherwise oru- sided in this paragraph] unlesslessee(or someone m his behalf), on or before such date, shall pay or tender to lessor,or to lessor's credit in the terminate, First National.Bank of Greeley Bonk or _ Greeley, Colorado • (which bank and its t shall continue os the depository regardless of changes in the ownership of said land or of the right to receive rentals), the ucceytcn c< sum of Eighty.and no/100 DOLLARS a 80.00 1. which shall operate as a rental and cover the privilege of deferring the commencement of a well for 12 months from said dad. In like manner and upon like pas- ' or enders, The commencement of a well may be furthe defe for like periods of them a number of monthssuccessivelyurnp the primary term t hereof. All payments ortende s may be mode by cash, check or draft, moiled or delivered on or before the rental dare and the depositing of such cosh check or draft in any post office,addressed ro the depository bank or lessor (at his last known address as shown bylessee's records) on or before the rental dote, shall be deemed payment or tender as herein provided. Notwithstanding the deals of lessor, payment or tender of rentals to such deceased or to his credit in the manner provided herein shall be binding on the heirs,devisees, executors, m adm ,strotors and personal representorives of lessor and his su cces- sors in If lessee shall, o or before any rental date, make o bona fide attempt to pay or depose rental lessor o entitled thereto under M O in . lease and to lessees records or to a who, prior to such onempred payment or deposit,has given lessee notice. in accordance with the terms of this lease e hereinafter set forth, of his right r rental, and if such payment o edeposit shall be erroneous any regard s(whether deposited in the • wrong depository, paid to Person other than theparties<nii red thereto os shown by lessee's records, non amount,or otherwise). lessee shall be Condo nally obligated to pay to such lesser the rental properly payable fat the rental period involved. but incorrect lease shall be maintained in the s 1 • tin if such erroneous rental payment or deposit hod been properly made. provided that me a erroneous renal per r deposit be c cea with., i I 30 days after receipt a by lessee of written notice from such lessor of such a accompanied by any documents and of or necessary enable lessee to make proper payment The idera on first recited herein, the a error payment covers only rhe pr'.aege graned in The dar hent%Did first rental is payable as aforesaid, but also c lessee's °Orion of extending that period o aforesaid. and anyand all other rights conferred h Should the first well drilled on the above described lond be completed as as dry hole, then,and In that event, if a and well is oat commenced en said land within 12 months from the expiration of the last rental period for wm rental has been pod lit being v tunderstood that for the purpose _ paragraph the period of time eaendmg from the date of this lease the first rental date shall be considered as rentaleaen al h i period for n rental has 1. been Rase). this terminate as TO both as herei, unless lessee on or before the at.t of said 12 months s,shall resume the payment of rentals In the someamount and in epM1e some manner hee,Melore provided. Upon resumption of the payment of ntals,as above provided.fhe last Preceding paragraph hereof,governing the payment ofrentals and the effect thereof, shall continue in lore lust as though there had been no interruption in rental payments. If o well capable f during gas or gas and 00S-condensate in paying operation es located on the leased premises ter on acreage pooled or consolidated with all or o portion of the leased premises into o unit for the drilling or Operation of such nil)n o any time shut in and no gas or Reis-Condensate lhserefrose '� is sold or used oft the premises or for The morales aue of goeobne or other pro-osiers, nevertheless such ilme well shall be deemed to be a well on tee leased premises producing gas in paying auanfitie% and this lease will continue in lore during all of the time on times while such well is so shut in, whether �''; before n after the Phut-in n of the primary term hereof Lessee shall use such ble diligence to market gas or gas and gat-condensate capabl of being menu e e from such cgood shut-in ere unsahallobeound L no esst.'e shall obligation to market such products under term conditions orcircumstances whin. each lessee's udg- n length (annual period) during which such well nobligated to pay tender to lessor within 45 days fter the epiration of period of royalty,a moan eaual to the annual delay rental herein provided°Optnco- ie year he interest f le m acreage f gas ad in this lease so of the end as such annual d as if rN lease does not provide for any delay rental Mn to sum f $so 001 annual that,el era,a, gas-condensate ensote from such well is sold tic used as aforesaid en the endsac Of any men annual period. or if teethe end of any such et period, this lease is being maintained in force and effect otherwise than by reason of Such that-,n well lessee shall not be i. leased to pay tender. for that particular a period. sad . Of money. Such Payment Shalt be deemed o royalty under all provision% al this lease. Such povment may be made Or tendered roe lessor or to tsar i tedit ,n the depo4tory bank above dies ated. Royalty ownership as of the last day of each such annual periodin o shown by Ienee's n omy shall t the determination of the party or parties entitled to . such Payment. _ if lessor a ten in the land covered by this lease Than the a and undivided fee simple mineral estate etherein, then whether not re erred fee r described Isere , all renta and royalties there n provided shall be paid lessor only e proportion which his interest interest and undivided or mineral lee. t- estate f either sparty hereto is assigned at sublet, and the privilege of assigning or he ing in whole or in pore is allowed, the impliel [ eran l hereof gall extend to the subessees successors and assigns of the rparties; and in the event of an assignment at subletting 1 I shall be relieved and discharged as to the leasehold rights so assigned r sublet from any liability to lessor thereafter accruing upon any -I cone t % f this lease, either express or implied.ea No change in the ownership of the rand, rentals Or royalties, kWever ecompinwee. --.3.`'' a to enlmge theoblige?n or d m.n sh the flair's of lessee or rege rew r separate ownership of s or installation on of tight tee rant by lessee. royalties _.r or agave to lessee, change n the or she land i of the right to n rentals 's .,.__.. .r ,i..,tn r..nreynn. a. day other matter. thou be binding on lessee (except lean lessee's option in .. ... 99.Weld County Road '� w Greeley._Colorado , here none, co . „ 1.•ne,he, one or more) and '--;. .Miller., 2303 Color ..o State Ban Bldg, Denver, CO.. 8.. .j2 , here,nol,<r cal.e< Ie„ee, - r¢ES5ETH n for andconsideration of ten and more DOLLARS IS 10.00 and:more n5 ` ra. e.pr o refry in 1/4,,,,,opo, and o agreements lessee 1 hereby grants demises. and r,ti 5d.11 lessee the 'arms hereinafter described for f the prospecting, apto,ng rhv geophysical and the ethnd, dro'n'g m no' • ana prod n4 n , 005 a horn tie amnp. ow norm, o nor eoa gas, rigcend posa.tie Door condensate Ia.-omelet Deis ' ',erne, e , produce` n o gaseous as to together with r e right rconstruct nd m n n e e, a lea :'1 roadways.h plants, equipment, and r the•eon to produce,re and okee care of said espial and gal d 1 s !� pas, water.do u,ds ironsource structures subsurface s and nny andoil other rights and p l p + , - t—, ' I for operationof said on,and alone or con y with neighboringnlana to, the nproduct o and t n 'Tor, o ad and gas and the lemon of a r�hgas, water, brine, and other a fluids I o the subsurface strata, said lands being situated .n the(Count," of c m of �. W@std _.. . State of Colorado . and being described as roue, - I, co .__.. Township 6 North — Range 66.West ..o Section 19: W1 'JE14 �'' CD .. _ •CD :..ji it Section 19 , Township 6 N _ , Range 66W n being the purpose and intent of lessor to lease. e. Dee ns .r does hereby _,. e1 the lands or interests in lands awned by lessor which aeiain the lands mare described or an 'e m me ucran or sectionsn noun specified i3 al - nI which • +u of this lease, said lands shall be deemed to conton.so..oo... __. aces. five 'yy'� a the other previsions herein ca near this lease shall remain n farce for o term of'! 44 years from this date {herein toiled -pr.-nary - -- ' -:a as long thereafter as oil and gas, o either of them n produced from the above described land o,drilling operations are continuously nor,<r provided. "Drilling operations'rncludes operonans for the drilling of o 'cell. the reworking, deepening or plugging back of a " operations conducted m on effort to obtain o re-e•,obinh production of oil or gas. and drilling operations shall be considered to be con- cuted d no more than 60 days shall a apse between the completion v abandonment cf one well or hole and the commencement of drilling " other 'well I or hole. It, at the expiration of the primary term of this lease, oil of gas r5 not being produced from the above described tone bat'lessee n n engaged n drilling Operations, this rlease shall < in force so long as drilling operations are continuously prosecuted, and if produc- tion of oil or pas results from any such drilling operations, this leased shall < to n force so long as oil o,gas shall be produced. a otter the e.m,ation of the primary term this lease,production from The above described land should teat/ this lease shall not terminate it lessee p then prosecuting a Il,ng operoh ope/o,Toni are Continuously 60days offer each such cessation of production tnceo ailing oe, tiOn as and this lease ,Noll remain n force also"long as such prosecuted. nd if production results Therefrom.commences s long thereafter ml or gas s produced"from the apace de'�'nxd land — - on ratn at the Premises, lessee < . t n n egret' let, To c delive io mr, free of cast, to lessor or the wells, or to lessor b Credit of in the pipeline to which the wells may be connected, eo ted, the ucl Obed n•`l,.e) part i,f all ail and other haute hydrocarbons produced and saved from the leased premise+ o, at lessee's reran, to pay to lessor for such dig`.' 1 royalty the market price at the well for such of and other liquid hydrocarbons of like grade and grov,ty prevailing on the day such oil and cl e i lid hydrocarbons are run from the lease stock tanks! 2nd Tn at,, 'est , orcarghthPiel of the proceeds received by lessee at the well for all gas Imciud.ng all substances contained in such past produced .- from the leased premises and sold by lessee of such gas 15 used by lessee off the leased premises or used by lessee for the manufacture of cannghead goso,ne or other produ_-ts, to pay to lessor one-eighth Orel of the prevailing marker once of the well for the gas so used. If no well be commenced sod land before one year from the dale hereof, this lease shall (except otherwise pro- I:1 vided n this porographl terminate, on lessee(or o+someone in his behnr,0on o, before such date, shalt pay or lend& to lessor.o lessor's credit n the e omen , ,a First National Bank of Greeley lwnich bank and successors shall continue as the depository both at wneGreeley, Colorado toe rent the g of of changes the o of e land or of the right to r c< rentals),sum n Eighty and no/100 80.00/ operate os a al and c ver the pr of deferring The - nl of II for 12 months from s DOLeAR$ (S a net - p' which par' r tenders the commencement privilege l ma same number a t a u less in n ana a nn 1 t o c sh l check, t draed font 1 de per pas to me eth or monthsa e, a the during the primary chheerkl o drAl laymen" oomemice mdr ee Tome by assn, ItOry a, or,, ssol. o o, a k a on d re s the . ,yl mfr, a mime danoo ale o e c m clerk or droll i oar paymentpos office. tender a to the d rar'deir bank or lessor lot the last of lessor,address as rental lessee'} records)to o or deceased e the rental date, shall be deemed re lender as herein providee. Natwimssona.ng death of payment or render of remold m suc or "ooh.+ 'ht credit n the st, If r provided herein shall be bimnp on the heirs, devises, executors, administrators and personal rora lessor .yes of lessor and his succes- sors in interest st lessee shall, on or before any rental dale, make a bona fide attempt to pay or aepoL, rental to a less enrolee thereto under this leasehin(r to lessee's records eT o a lessor who, aria.' , such anen&ed payment or devout,has given lessee any In accordance with the terms of this lease hereaglrer set forth,of his right to r rental, one of such payment or deposit shall be a any regard lwneme, deposited the Ong aepovwry, pare to persons of her than thereceive sided therein as Shown by lessee's records, in involved. incorrect or etherwne). lessee shall be mannerneraliy ed to pay to such lessor he re tat properly payable for me rental pence) volved. sOut rental r shall bemat mined on the s - — • d such byerroneous t rental payment or deposit hod been properly mode. provided that the a erroneous rental oilor deposit be corrected w manner ee s alter , a,pt by lessee of wrote. ntice from such lessor e of such a„or mpamee by any documents and a vidence aoable lend mote proper wyment The consideration option h,„ recited herein, me a.wn oar rlt th.eege wonted r e am.-hen son enable • rental is o payable a aforesaid, but olio r lessees option of ending that period as ofd hellondna only all oche, rights conferred n Should the ant well drilled on the above described land be completed as adry hole, then and paid that a if a second well r5 nor commenced e soul lam within 12 months from the eeguahon of the last rental period for wich rental has been paid lit being understd that for the which of h;s ; paragraph the period of time extending from the dale of this lease to the first rental dole shall be considered as rental period for which rental has • been paid), this lease shall terminate as to bath ph ref. unless lessee on or before the expiration of said 12 months,shall resume the payment of rental} n the some amount and m the some manner as s and elore provided. Upon resumption of the payment of rentals,a above interruption he last Oreceemp • paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in force lust as though there hadbeen no in a ruption in rental Payments. If a well capable Of producing gas or gas and gas-Condensate in paynp guonhhes located on the leased premises fore acreage pooled or co sol.doted with all or a portion of the leased premises into a unit for the drilling a operation of such well)i o any time Shut in and no gas or gas-condensate.herefron sold a used off the pre or for the manufacture of gasoline or other praaucts, nevertheless such shut-in well shall be deemed to be o well on the leased premises producing gas premises paying Quatities and this lease will continue in force durng an of the while such well n w shut in,whther before or after the expiration of the primary term hereof. Lessee shall use reasonable diligence to maket gas or or gas and gas-condensate capable at being ' produced from such shut-rn well but shall be under no obligation to marker such products under term conditionsO m n le conditions of rcustances which, lessee% ag- m ,exercised x n a d on good forth,ore unsatisfactory. Leso shall be obligated to pay or tender to lessor within 15 days offer the expotn of each period of year n length lonnuol period) during ww...Mich such cell is shut ai Os royalty,on amount eau to the annual de rb a- y rental herein provided apple Die tothe interest of lessor in acreage embraced .n this lease as of the end of such annual period, or, if this lease does not provide for any delay rental, - then the su of 550.00, provided that, it gas or gas-condensate m a from such well n sold or used as Ofareso before the end of any such annual period, or at the end of any such annual period, inn been;lease is be maintained an force and effect otherwise than by reason of such shut-in well, lessee shall nor be obligated to pot or tender, for that parhmmr annual n aa period, money. Such payment shall be deemed a royalty under pcasns of this lease. Such payment may be made or tendered to lessor at to lessor's credo? in the oepo„torr bank above designated. Royalty ownership as of the last day of each such annual period as shown by lessee's records snail govern the determ,nahen of the party or parties entitled to receive uch payment. e If lessor owns a less ineeeesr in the land covetod by this tea," then the entire and v.-divided fee simple m nerol estate there , then whether Or t ch lea interest i referred to or described herein, oil rentals and royaltieshere n provided shall be path lessor only on the proportion which his interest t 4 bears to the—hole is undivided mineral tee. If the estate o1 either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in port is expressly allowed, 04 ex- press and implied co end s hereof Pall extend to the sublessees successors and assigns of the panes: and in the event of an assignment or subletting ek by lessee, lessee shall ed be relieved and d schorg as to the leasehold rights so assigned or sublet from any liability to lessor thereafter °Collor° upon of the covenants r conditions of this lease, either express nr implied, No change the ownership of the land, rentals or royalties hole-ever accomplished. shall operate to enlarge the obligations or diminish the rights of lessee or require separatemeasuring ar installation of separate tanks by lessee Nolte th standing ony actual a constructive knowledge of or notice to lessee, no change in the ownership o/ id land or of the right to receive rentals w royalties net of any in rest thereon, whether by reason of death, conveyance or any other matter shall be binding on lessee (except essee's option n ."4, any rme) until 90 doss after lessee hoe been furnshed written notice thereof, ono"the supporting information hereinafter referred to, oy the parry claiming as e revolt of such change n ownership a interest Such notice shall be supported by°fernal r certified copes of all dacumentt and , other a,trunsenos or proceedingsnecessary i lessee's opinion to establish the ownership of the ['arming pane. If this lease is assigned er sublet insofar raOS •e covers Only a pan of the acreage emraced in the leased premises, the delay rentals hereinabase Provided for dell be aw'o,tined tO,he separate Pons. ` — teably according to the surface attract of each, and fotture of the leasehold owner or sublessee of any separate part of the abase described tongs to 5y: make a rental payment with respect to such pan shall in no vent operate to terminate o affect this lease insofar as n Covers any other part thereat. l.' e.Y _--_ Lessee may, at ony time,ee cu„and deliver no lessor or plate of record a release covering all or any port of the o caeca* embraced n the leased Oreemen a tenting any ne at zones, form:dent Or depths underlying all Om/oat,of such acreage,and thereupon shall be relieved of ell atilt- 1�"auf.n' potions tteteollo to ceu" with respect 10 theacreage. 'ones, formations or depths covered by such release "event of releOSO of this leave as to all in:44-l. right. in only is portof cthe acreage embraced in the leased premises, thereafter he delay rentals he,f nabove provided for shall Oe reduced proparianotetf +� � � a eage _ Lessee re granted the other right, from time to t rise while Interestscovered therein 'whether such other interests are pooled by a voluntary agreement on the port Pismo•W - e1 the owners thereof or by the exercise of a right to pool by the lessees thereon, when in lessees tupment it is necessary or dvisoble in order to pro r-,-'....,....:,?It-,s mote conservation, 10 Waverly develop or operate the land and eeeee+6 to Le pooled,or to obtain a multiple production allowable from any governmenthl agency pa having control over such matters. Any reeling hereunder may cover all cut and go,,or any one or more of the substances covered by this lease, t may cover one or more or re off to or formor Ons underlying all of any portion or portent of the leafed premises. Any unit formed by such pooling shall be of cset .pat ea g Tracts and shall no exceed 640 acres (plus o tolerance of 10%) for gas or gos-condens le and Shall not exceed 10 O lotus a tolerance iof OCol 1or any ther substance Cove ed by this rlease, provided that if any governmental regulation or order shall prescribe a sOaenp - tf.'. pattern for the deielo oeni of a field where,. the above described land or a portion thereat,IS located,or allocate a producing allowable based on(enrage L4 per well then any embrace a rah oddif anal a-edge as may be so presolbed o may be permnled in such allocaban of allowable-f The creo r.vcien and the cr m . 1:: lessee i !aeclO ot.on of pooling' filed for record the c pooled tyG`- ccun•ies in wo,rh The o ',cored Such rig f bee e cotes s filed unless o later effective dote is e,.hed ,., h<., of cote j'l edrf in gas nail . On p.oaac n from c • n x 1 q, would be Parcae under eta n n o productionil loom then area 0_. t L_. t r i .z r+ nr e n .. , , 'oc, ar o.- n Irk and c,.e•ed brim+a lease which is rioted in tnr (f x 01 i __ - Ernest W. Tigdes� S54+3/4,522-50-080S54+3/4,522-50-0805 _ t<s,_.._.222 .T` `4/' Stella M. Tigges SS# 523-38-5905 ;TAT. OF _ -C6'Lc/'?1LT u' COUNTY,OF (�P!. t'e-.�� 1 SS' (Individual—Colorado-Utah) 1 i • .sr / / "1 7 � ,,,;1 p6n the i€7,_--, day of _w-e c »=-,-, b-r , A. D. 19 -_, personally appeared before me. .. ,� 1 twig U , LljL%85 r/ 52e.,/..--,_ /7.'. :�r//,i )/.� l'^ ' ./ " ' n' ._cc, the signer.._.5 . of the above instrument, hb,tloltiu(.)lwledgcd to me that ±The tj_ executed the same. WITNESScmy bon official\seo� c..------__________ My 4 a.Lshd i.exgir�il Notary Public —_�___ . „1y Can .p2 n•'Er^'"s Jul r '' •_ - Ls.�.L9.1._. .__. . - _. _. Residing at:c .e-. . UL-�-- w. :}� ,. sr tC • l)c STATE OF 41 COUNTY OF 1 SS. (Individual—Colorado-Utah) ,l f .1 On the day of . ._ . , A. O, I9 , personally appeared before me.. -.., the signer .. of the above instny9e� 17 who duly acknowledged to me that ..he . executed the same. WITNESS my bond and official seal. --.1 ;- 4% My commission expires: Notary Public £'j gr'l ._ _. Residing at -\.1 STATE OF I. COUNTY OF } SS. (CerPwatsaw—Colorado-Utah) •. On the ...__.__-_-day of A. D., 19 penarally appeared before me _.- .. I - -. .. .. who being by me duly sworn, did say that he is the President of a corporation, and Yf that said instrument was signed in behalf of said corporation by authority of a resolution of its Board of Directors and said - acknowledged to me that said corporation executed the some. .1 WITNESS my hand and official seal _. ... .........__. _-..._..._._._..._..-____.__.._..___.._.._.__._. t My commission expires: Notary Public ill ..... . . ... ._..._. _ .. .. Residing at: . . - F v: . STATE OF .......... . ........................... 155. (Certificate a Recording) o . - COUNTY OF fJ , = This instrument was filed for record on the .. .. day of ....._. .. .. .. , 19 -... . at a s and recorded in Book .. at Page of the records of this office. 6 By._._ County Recorder Deady �J AFTER RECORDING, RETURN TO�' • „ :-.-. - 1 I � iT i 1 j U Q 44 ]11 I - i. i W d IC" pi-- El «, gooK 82� 1"142`722 ,.'j I. en Me a n of ,he,laird a of o d to. Nothing herein Contained hat authorize 'r e r r leasehold, r r r or tin acreage u The me m of o tint conduct of other d a �'. a r :I o dray not other ,tie sae tan or ar c^an pooled area nsha t tit r n.drred for nil n t rL` i the if said well were located o� or such drilling oo conducted upon the lands covered by this lest e whether or s.,ch wen J : oat d uch L, hna eoerarons ore conducted upon. said a Lessee n.m re.e note any pearng effected ea a+r' c .s ea\.+}�yhf- a pooled unit of pmdu<ng and no dr,L ng operations being conducted thereon by executing and tiling of record In u n h ch the pooled is s located a written declaration of the t of such pool ng prodded that tux pooling of all interests not c red bs • wh¢ a port of such pooled unit be also terminated in sometermination manner. - Lessee shalt hove the •ght to uto free of cost.oil, got o and water produced on said land br its operations thereon except water from wells of lessor. Lessee snap have the right at any tmove all achinerya>nd fixtures placed on said premiss including the right to draw and remove cos,' r - No port of the surface of r e leased or to ss shall, without to ent of lessee be let granted or licensed by lessor to any other party the location, construction or m ntenonce of structures. tanks, pits,reservoirs equipment, or machinery to be used for the purpos of erpbnM, developing • or ooevatina admacent lnds for all, gas or other minerals. Lessee shall bury below plow depth its pipe line, on the leased premises when requested by c lessor awning an interest ,n the surface. No well shall be drilled nee er than 200 feet to any house or barn now on said premises without the written Content of the owner of the surface an which such house or barn is located. Lessee shall pay for damages to growing crops caused by tH operations on said londl • Lessor hereby warrants ag rees a s to defend e title m the lands here n n described. bur the interest of lessor covered Le this lease is expressly stared less to be than the entire fee or the mineral estate, lessor's werranfv shall be limited ted to the in so stated. Lessee may purchase or lease the rights of any pony claiming any interest in a land and se such rights Os may be Obtained thereby but lessee shall not suffer any torte tu•e Mt Incur anyliability to lessor by s lentos. said reason thereof. Lessee shall hove the right or any time to pay for lessor, any mortgage, taxes or other hen on said lands in the ens of default of payment by lessor, and be tubrogated to e rights of the holder thereof, and any such payments made by lessee for lessor may be deductedm from any amounts o. money which may become due lessor under this lase. All express provisions and implied covenant. of this lease shall be subject to all applicable lows, governmental orders, rules and regulations. This lease shall nat be terminated ,n whole or in part, nee lessee held liable in damages,because of a temporary cessation of production or of drilling operations due to breakdown"f equipment or due to the repairing of a well or wells,or because of failure to comply with any of the express provisions or mooned covenants of this lease such failure is the result of m-aercise of governmental authority, war, armed hostilities, lock of market, act of God, strike. tied disturb- s ee c e fire, ploswn, flood or arty other cause reasonably beyond the control of lessee. This lease and all provisions thereof shall lie applicable to and binding upon the parties and their respective successors and assigns. Reference here- n to lessor and lessee shall include reference to their respective successors and assigns. Should any one or more of the parties named abase as Ienan not etecule this lease, it shall nevertheless be binding upon the pat etics executing the some. 'l IN WITNESS WHEREOF, this his executed as of the day and year lint above written. I -• a -_,_7`Cc.L-JCL t i t_ Ernest W. Tig e __SS# 522-50-0805 • t2 _12).._.7. - - ! _,'1 Stella M. Tigges SS# 523-38-5905 "�' STATE OF - J COUNTY OF ._I]P/i ✓erg SS. llndiyiduol—ColeraLo-Utah) 1 A / 'C f Can the F61_:- . day of Dec_ t--tin-¢ — , A. D, 19 �.?_, personally appeared before me._. .. ._ _.___. U - J CC- /!5<,e<'h ..,,,, . 5fe'Z, 4' 1 r- /n..,/+c, •saw. `� l it r i /. t{C, the signer.j_- of the above instrument, holdal tbltrl/wledged to me that '�--he.[.f.. executed the some. WITNESS my hen nil officio! se? '3•, C. A� �(�� 4,/,-.1 tMy Carrh�,[i!M exOt rGtil Notary Public �_- 7, ' sly Cc . "•� F, -�2 R''Fz^. My 'Q 1U$1 _ Residing at: d=[U-t.•a �!L- . !` Ay s�- .- .c Cr '`j O, c..1.s,' I,I.e.—.ate- Q—e STATE OF ^'r'1 j SS. (ladividuel--Colerodo-Utah) a;_ COUNTY OF 1 rt.; O&1'1i. ,,..I. n the day of __ _. .. .. ., A. D., I9 .. personally appeared before me__.6-1 hewho duly acknowledged to me that he .executed the same. WITNESS my hand and officials seal finer_..... of the above insfrtyye� !•' e'" My commission expires: Notary Public Residing.•.7. - . ._ ._ rig at ! STATE OF _ 1 Ce.SS' IPorafiao—Colorado•US.) COUNTY OF J On the day of .. ... ......... _. __ __ _. ,A.D. 19 personally appeared before me .._ _.. .._. .._ _..•_., .S`i _. . who • . wbeing by me duly sworn, did soy that he is the i +5 President of . . o corporation, and • , that said instrument was signed in behalf of said corporation by authority of a resolution of its Board of Directors and said acknowledged to me that said corporation executed the same. if WITNESS my hand and official seal. C1 My commission expires: Notary Public ,S _ _ . ______ s � '. _. . .....__- ...._..._--155. (Certificate of Recording) p�'� 19 ._ _ at o'clock ....M d [ ° } yi REF ()Sol 01 22 1 "'i.. 1 /. :-1 ha.ii I ,='rue, I in 1r. AO HAP r Af l! l riirl , -Ii r tI I Y RI 1111:111 IIIi Iii C'1 EXTENSION OF OIL AND GAS LEASE E-006 AkL910182 FILE NO. _1.rn••_t W. Ti;ges and Stella M. TiRACS, husband and wife of s 32;0'/ WCI< 27, Greeley, CO Subject to toe added pros,ens in the attached addendurp. • is/are the (genet(s) and holder(e) of an oil and gas lease on the following descrihed land in .geld County,State of Colorado - Township 6 North, Range 66 West Section 19: W'S::E'i of Section 19 • Township 611 , Range 116W end recorded in Book. 821 , Page 1742722 of the Records of said County, and - WIIEREAff. said lease expires in the ahoenee of drilling operations on lienrshor S 1082 and the said owner(%) and holder(%) desires) to have the term of said lease extended-. _ --"-"� - NOW, TiI EREFOItE, the undersigned, for arm selves their heirs exetytw s. administrator. and e.sig s, for and in r col 'd.-ntl in of Ti-n :End More _._. -Drdlars..n head paid 0,nc nee'.:t'vhnrttf I::..rchy e:h; -::d;;d, ._. .___ - - dace ).e rely serve that the slid term of tool l .• rh� nevi n Fnr n 1 d h ti, same :r: s. de"; .... • __ 6 months extended term la! L•en originx:Iy ea;rtessed Ir uch "se. for penod of - ry{YJl from the date of the said expiration thereof and as long thereafter a oil or gas (including rasingLead gas) is produced from any well on the land c red by said Pa e.jrr, how all other respects. to the provisions and cond.t.ons of said lease or said lease as modified, if y -Jodie cation thereof may have bin heretofore executed. IN W'JiSFi tiS WI!Fl Ft EOF, tha instru a.•nt is signed on this // • day of "I's a , ' it. 82 - a./ • Ernest W. Tigges, husband }r " • •r Stella M. 1igges, urfte STATE OF. _.4'.,ci d': _t_._.. _. • — — r:s ACKNOWLEDGMENT FOR INDIVIDUAL(Oklahoma and Kansas) COUNTY OF. li LD . . _ _ _._. i Beloit .e v. 1,a o«ry Pvbhc then and for said County and Statel t n this /d- ' . 82 Ernest 'd Tt gas day el /t. ... _......Y , U. _ personally appeared —._— . ...._. _. _. _.. w and.. Stt.1Lo_tl.. Ie _lava..)195bdnd and wife___.__...___._____... ._._._..._ a to me personally kr own to cr the identical persons_who executed the within and foregoing instrument and acknowledged to me that teak exerrted tM1 as tr eir fele and voluntary act and deed for the and P Ptherein s set forth T IN F!MESS W 'RFOF I have hereunto official hand and o ml seal th day and year [•bow written. My oon-missi.n expires. Nardi.24, 1986 i:. union Eve. 0910 •.hunvet, CO 80237 _. SCA?E GL� u I s ACKNOWLEDGMENT FOR CORPORATION COUNTY ffi{_ .. _1 s IOelahoma and Ken s.s) • - _ -- '1cfore nee.the and•rsigre1.a Notary Publ d £tat,.an ti's day i• within and !or told County an '- .- - ——__.._______ _ o!.___ __._._ __. . _.____ , 19 _ . per%on>,ly appeared to me known to be the identical pers.m who soliscrilad tl.. nnric of Onto(to the within and foregoing -instrument as et _._.. _... Pr s dent and _.k:. led e that he utc{{ the same as h free ned _ ary act and deed,and as t.._ free and voluntary act and ro-r-1• such c r the u and pm-pox s therein s In Testimony Whereof. I have hwi v.. my hand and official seal the day and ,re, last above written. • - My commission ex;-res ____. _.. ...___._.___ �� • • 8 : I ry atOi -o -r /p i; - I. i 1'% `1' :l•,r i ilFI 14-P.-N if, il 11 ? 1 FClii i MI Chi Li' 0 EXHIBIT "A" - • °6'1.:.ILA' TO OIL AND GAS LEASE BETWEEN ERNEST W. TIGGFS AND ' `.... . N. TIGGES, HUSBAND AND WIFE • LESSORS, AND ROx G Iill i t LESSdE, COVERING' 4: 4Ef" Section. 19_• - ` tO::1:SHIP 6 NORTH, RANGE 66 WEST OF THE 6th P.N. ,-WELD COUNTY, _______eCOLORADO. _ .5n2. , , . c. t-?tiereas, ,:aid lease has been assigned to $l eckhawk Oil-Co. ; and lihcreas, said assignee now desires to obtain from Lessors an extension of the primary term shown in said lease for an additio al six months from and after December 5, 1982. - • ::,,w -lo c. __ .n Dollars and n M •$ Sc:od and valuable O ... considerations aid to i.c : sors be Ri cl- c,.. a:n 'd other and and. mutual benerits from one to the other, parties :hereto agree as Follows: - 1 This Addendum shall be attached to such Extension of Oil -and Gas Lease :•s 'viiibit "A" and shall be a part thereof by refer- ull•' _ forth therein. In the event of conflict Id -. n' herein ith any term in said Extension or with - : 1.1 said Oil and ^1s Lease, the provisions o iti r.'Pc., t; __ b. J- 4 ,d.,55 :, 6:Id l,r u.,rl 1 roll f,• __ _ ...... _..._._ .___---,a z ] -.:. , ;.,,. 'he •c; i:r. r 0 are urahle Io i0tt „c _ . ._ as t . their respective ri,b. . ;6; ;e1; and benefits Valor said Oil and ( ..s Lease ,. :u/r,r :M •roof, the disaiyaer,,nt :.hall be reselv'rd by ,it:n ..t':ir . : -: he rr.:. •„ed by their ,arty. -in that even- each of r' • -aors and/or Les bee or Assignee) shall select one and if bitch two arbitrators are unable to resolve ;he conk _ , bocv shall together select a third arbitra- tor. The three arbitrators shall then reach a solution by majority • vole, and shall be binding upon all parties hereto. -. fl-:e ex-: . e of rbitr,: ion shall be divided equally be;".:.., -, the - __- parties, ono hall to each. The ; 1.-1:77. Of said Oil and Gas l.r.::ne it. i. -: spy . _. , 'red to , ,-.< 5, 1983. _run,, . h. All references to -o-mill or to . CG - .. _ :pine.; in said Oil and Gas ' , .-, t -. _d E::; r : ' - ball he incrchted ,n<i abdoZed to ..::.- .. - -r, -. -= (l9 i' )_ 5. agrees for all r -es c.r sed by is operation -on t .. 'cased .,_ the sum of Two Tbo.rfand Five Hundred Dollars (.62, >G' f) per well site, „'MicaSIEZ 1C' S' ] be fully paid prior to the c- tendement of any activity by _'ac✓I-awk on the leased premises. flicTS payment shall also constitute all required c:.nsi<'era. inns ;or - . .. .rents . .rents and rights of way required - - - bv Ylackh;..v, o.- h.er with necessary pays, ,. ovi roadways, however, _oe location of :r.h it .. s .,Hall ^. areas _:.icl will t:. 0 C .m ! • c - -ce h Less- _ n. ' ::::d - cn I' '-. —.. _ . hall :e selected r• l or . - e. parties. 6. Bucks::'ak shall not intrall :u-::_..:Meat prances ion eauii;: ..:::p •:hich will it e rt -re .n any may with lessors' : rr_ ;1:-t ii,t:1- rat ivities :tor with Lessors' eso of mobile . 'on i _y-- 7. All drill •:ite locations shall be d ete:i-:pod hy :Lc ::.,moat unc. of t . .raids, and, upon Lessors' '.,c_ a-5.1.; - -" . '-lire all pi-educing wells. . . .+. k • Adfibr dellell r le' ten :.1.,r:i:::"a-- __ --._- - _- .`:Ooh .,:alCI 1Ca ,.tore that part of 'the drill site . ✓-c'- :':;,r'- for : ion and, on abandonment, the total drill site and access ._-o the sane condition, as ::a ' reasonably be -,one, txdpich prior to cc::.acnl e,- a-pt of B lacs::a".:r:'i operations I{ -..P_ F 4 - ` -___. n On abandonment sra _ 4. . • 9. of any well, the surface casing shall he • rem..oved to 'ie (5) feet or more below the surface. —11:11"_- -.- 10. Notwithstanding. the terms and provisions of this Addendum or said Oil and bas Lease or the Extension thereof, the payment of — _ _—-___ a shut-in gas well royalty shall not extend the Lease, or that part ' thereof applicable to the shut-in gas well under the Colorado Oil and Gas Commission spacing, for more than two (2) years beyond the• primary tern of the Lease. 11. An) well drilled hereunder shall he deemed to be a pro- -. _ - 1 in:ci-ng well if it is capable of producing five (5) barrels or . more. of nil per day. _. ._ __ 12. Le sons, or their rep-€..entat i ve, shall be entitled to . ' I information of iilackhawk t cgardHig the wells Lessors shall - a! co he :ntitled to daily drill iny reports, sore r-:r-1es, all - -.r ve: l<: s and all test informaLion or Clint in.n m:,t ion road n: l : provided by the jriIIers, all _poi_ Lessor's request. - Lessors ch.:l1 also have access to all drill sites, at Lessors' - risk, ' ith the right to inspect and make copies of all records. ---— • 13 1 ' r r wk ( rue" ` 1 :e L.. p1,ci "Icts -e _ .,. ,-: -.cu -. rate .Ir ..•,c recc . ding, o, 111 011 Ipd -''s ci led —.. --.__ l ll.. i•.d:11r, lii, :.l. 'i1 he full•: bind;ni upon :Ill of l lie '- -__ �e-s nnrc,t_o, their hl- rs : c , ,.oral le ,' - -1 It iv silt smi rs sr( es . :u! a... I-ns. I:: '-1 EE -^u4nc QF. the p.,rHcs live L iyieti this 'I'P-nt a. as of ':o m per _Ilk,/ljly-, IQR2 r re s'. .. es — . ., '.ia :1. 'acs - -_. m o . . - ..'ACKiiH K (ri L CO. , - l e —__r Tit -_-_ - tea- - _ _. --- _ _ AR1933563 1/002 r B 1002 7.1p33563 07/14/83 11 .33 E6.00 F 0153 . ., TEUERSTEIN CLERK & RECORDER WELD CO, CO - -AFFIDAVIT OF PRODUCTION z e` i.:� STATE OF COLORADO ) SS , COUNTY OF WELD ) - Ralph R. Wilkerson, of lawful age, being first duly sworn upon his oath desposes and states that he is the President of Black Hawk Resources Corporation, with offices at Tower II, One Denver Place, Suite 1101, 999 18th Street, Denver, Colorado 80202, and thatthe is authorized to make this affidavit. . -------------- AFFIANT further states that Black Hawk Resources Corporation is the owner of an interest in and the operator of the following described - - Oil and Gas Leases and the leasehold estates created thereby, insofar - _ only as to lands herein are specifically described to-wit: - - - - THAT, the above . 1'1 and Gas Leases are for the stated 4 terms provided therein, a,. ,tang thereafter as oil or gas or either --.- - -- $'C of them is produced from s-r^ 'Inds by the leases or its assigns. i ' THAT, public notice is hereby given that a well capable of producing _ -- oil and gas in paying quantities was commenced on May 23, 1983 and was completed on or about July 1, 1983, at a location described as the Northwest Quarter of the Northeast Quarter (NW!NE:), Section 19, Township 6 North, Range 66 West, Weld County, Colorado; and that by virtue of Such production, producing from the Codell Formation, the above Oil and Ga Leases shall remain in full fc---d -.nd effect and as valid and subsist ng Oil and Gas Leases for so long as oil and/or gas is produced, or for o long as the premises are being developed or operated. I AFFIANT FURTHER SAITH NOT. BLACK HA RESOURCES CORPOR:.` 0d,, ,� .._ e Ralph R. Wilkersc.., President •..•, STATE OF COLORADO ) •r ) ss - COUNTY OF DENVER ) • I, Nancy A. Sheel, a Notary Public, in and for said County, in the State aforsaid, do hereby certify that Ralph R. Wilkerson of Denver, Colorado, to me personally known as the President of Black Hawk Resou'--_.. Corporation and also known to me as the person whose name is aff' ::- .. e the foregoing instrument, appeared' before me this day in person and • acknowledged his signing, sealing(and delivering the said instrument as the free and voluntary act of said Black Hawk Resources Corporation, for the considerations and purposes therein set forth and that he was - , authorized e.7.- to the same. C{ IN WI- iS5: _REOF, I have set my hand and seal hereto this 12th day...Rf.,� y , 1983. cy n /.. • Ee a /�LZ/re ' L!, re,P -_. . , ;IOTAfjy _Mlotary P�r- p-Conni . .. Expires: .// U p s _ __ ,b °P.COO)•• e - aj l# •Y • 2/002 • B 1002 REC 01933563 07/14/B183RE0FDFF6-WELD CO, CO F 0154 MARY ANN FEUERSTEIN CLERK EXHIBIT "A" Weld County, Colorado Lessor: Ernest W. Tigges and Stella M. Tigges, h&w Lessee: Roy G. Miller Date: December 5, 1977 Recording: Book 821 at Reception No. 1742722 Description: Township 6 North, Range 66 Hest Section 19: 'A E: Lessor: Jacob Fritzler and Elizabeth Fritzler, h8w :.__ __. - — Lessee: Roy Miller _Date: December 5, 1977 - - - -- -- - -- Recording: Book 821 at Reception No. 1742724 Description: Township 6 North, Range 66 West Section 19: 104E. • • B 1011 REC 01944711 10/25/83 10:59 $6.00 1/002 •pi.r n"w..i. F 0876 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO PIPELINE RIGHT-OF-WAY GRANT Axl9ry2i3 FOR AND IN CONSIDERATION Of THE SUM Of One Iii Mee ISIM Rill 001.1.ARS. the receipt of which is nereby acenowledged.and•further wm';ol Ft ft ate n Onl l am 1115 001 per rod lot each linear rod at pipeline lob Conslnicled under Ihe twee hereof.lobe paid eke,a wryer ntadMmp tat locate of the line Pa, been completed and berme conspucedn is Commenced.(Ara i F,rneat W TLRges and Stella Mae TIORes hey['natter referred ton'Grantor MOWN,one Or more).does hereby great.Mt.convey,and*errant to Associated Natural Gas Inc a Colorado corpmslron.as twang's end Assigns,he,Mnahet rMOred lo n-Gran ate",the right.privilege and easement leer tat purppn lion lime to lime of constructing.operating.inspecting.msrnla ring.prolewrg.repairing.replacing.changing the ewe Of.end removing a pipeline or pipelines.Or other appurtenance,.for the eN9pOnatgn 01 ml:gat.petroleum pOMK1s.water.and sty other erbelances whether fluid or solid.any products and dernahveg oranyol the foregoing and any combinelldn and mistimes of any of lye Ipiegmng,upon and along,Mule u,be selected by Grantee on.and Ih,odgh Ins to5Owng describe land located m WP Id County.Slate of Cn I nrailn .to ell. The West Hair of the Northeast Quarter (WINEL) • Serra:. lg, Tdwpmp hg pang. fabler-Atli P M , together not IM right of ingress end egress to end from sod pipeline or pipelines.or any M Mem,On.Over,end ersatz said land and a0 Scant land or Glamor II d agreed trial the pipeline Or pepenMste belodunde INS(pent shell beconstructed et wllrcnwrl depth Wow the surface of In.ground to permd normal Cudrvalion elate Yule of cOMtruction.end denier Mall navy Ibe Knew luny ins end andy the above described premises. wprecl lb the rights herein granted Granlea Sher here lyre tgm to clew all time.undergrowttsand diherobtruMgnshem the SWIM granted right-of-way,and Grenlo.screw not la build.continua of Create,not permit ahem to build.continua Or Creels any buildings,structures or engineering sores on the home granted right-ol-way that will interfere with the normal operation and maintenance of the said line Or lines Grantee agrees to paylo the owners and la any tenant.Sather mternt,may be.any and ell derne n to crop.Umber,lances.drain tile.or one improvements on said premises that may arise horn lheeaerctee of the right,herein granted,provided.however,that after the IoM pipe- line has been conMtucie0 hereunder.Grantee snag not be liable lo,damages ceused0nlnenenienl by keeping sadessernen clew climes, undergtowlh and brush in theeeerclee of the rights herein granted Any payment due hereunder may be made direct to the saidGrantor or any one otthem 11 it further agreed that the said grantee.Its successola or ewrgna.may at any time lay an additional pipelineor Ones.along fide of the said lust eine upon payment of the same cOnsidesaoon per linear roO'n pad kW Inn rrgluol-wry,with the tame rights and eublecf to the same condihont and the Hrd Grantee Meg also have Me rgnle dcNnge the We of ne pipes.Inedemaries.it any.in milking awn chagefobe paid by Sr..said Grantee Gramm upresenie that the above described land hens ed he prat a rented for t beginning fpr.IIth.r ?s t9 _ez Aneroid to ridrmlu „a r 31 .19 —_.@aaiOllaNgieYN[x • Tne terms conditions end p,nlaioM Of this connect shall eland to end be binding upon Me here.saedutms.edmm,atralers.pereMM npiesenteeM.succngre.and antra of the parties hereto TMemmnent and right&hereingranted may be IW edor*seeped.,"thole or rn pan TO HAVE AND TO HOLD said easement...able.aeraW,and privileges MHO Grantee es succasme and wars.ma long as said easement is used lot Ine purposes greened retain (4'31 F IN WITNESS WHEREOF Granter yid eapolad this msrumMtt IMO day 01 '1t,.4_n/ 19 a=+_ Signed.sealed end delivered in Me presence of 1 1.5"14÷7-- `!-k.- J -l. . - -,Yi `.5"11 .1/i �!✓ :Sill• edgy '.aere•ussn l r, ., c-'t 4 .1487 - •-1 • ySs1ir w . .1.i`y.` b : • ^ ^ II B 1011 REC 01944713 10/25/83 10:59 $6.00 2/002 ACKNOwLEDGEMEN' F 0877 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO THE STATE OF Colorado 58 COUNTY OF weld Before Me.Ina unnan.pned.a Notary Pudre m end for seta County end Stale.on lima day personally appeased rennet Y Tiara and Steil. Mae_712&ed —aplF known to me to be the parson 1--- who executed the molten and forpomgmsuumail.end eckno l.dgemanttome Inat they caecub°the same a their his and Mlunlery Sc,end dead for the purpolea and tonn.derabon thereon expressed Green Under My Hand end See of Creme.Iles 11 th day 01 October ,Rc0'b ttfl�_ _ My mm.�a nexpires iar.we A: ,-.•-s .. iy My ( I i __.ctya 1987 — itiA:. 1 1-)-. . .aQ.'Gj11Crite is tto y l pl. L—c 1 0 O y N .• z Ti Z Z • Z z u. I ui oOC 7 O•0 et O g E -I g F. � 3 � s $ prini aua o r a a zoU a d EL C } m g a p ° 0 3 ≤ p _ ° i r. & o 0 r £ g iia t r 4 V ACKNOWLEDGEMENT Q r% f) THE STATE OF S5 COUNTY OF Before Ma.the undersigned,a Notary Pubbc in ano lot sato County end State.on this day personally appeared and known to me le be lb.person wildesetuted Ma rennin Ygloaparagaiseran,nl.andecknonledeement lame mat necuted the dame a— free and voluntary act and deed for the purpose.and YAardetan von nhelewn este..ad Gwen Under My Hand and Seal°i Office.the day el My commission Scenes • t Notary PuMIc I 8 1266 REC 02216806 06/13/90 09:38 *E.00 1/0- • AR221L80L F 1869 MARY ANN eNERSTEIN CLERK & RECORDER WELD CO, POUDRE VALLEY MURAL ELECTRIC ASSOCIATION, INC. RIGHT-OP-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ERNEST W. TIGGES AND STELLA MME TIGGES [Print full name(s) (single, Joint, partnership, corporalwn, incorporatedess'n)] is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., a Colorado corporation, whose post office address is Fort Collins, Colorado, and to Its successors and assigns, u perpetual right-of-way easement upon these particularly described lends of the under- signed: A utility easement 10 feet wide adjacent to and parallel with the east property line and the west side of Weld County Road 27 Counly 41ELD hook , rife , Section 19 Jr:Township 611 , Range 66W for the purposes of constructing, reconst;esting, Inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including, but not limited to, poles, towers, fixtures, conduc— tors, guy wires, cables, conduits, vaults, transformers, pads, and enclosures, on, over or under the above-described lands; And for the purposes of cutting, mowing, trimming, or controlling oy chemical means, from time to time, trees, bushes and shrubbery located within 10 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous trees or limbs in or adjacent to the right-of-way as may, in the opinion of the Association, otherwise endanger the lines or other facilities of the Association. The undersigned agrees to keep the area within 10 feet of the centerline of said under- ground or overhead electric line or system clear of but dings, structures, piles of earth, rubbish, debris or other substances or materials, arid to permit or otherwise agree to the easement and joint use occupancy of other lines or systems; And grants the Association the right of access for ingress and egress over the lands above- described and the right to use the roads or trails, whether public, private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed from time to time; And further agrees that all facilities installed by or for the Association shall remain the property of the association, removable at the option of the Association; And shall not grant any other easement right-of-way, permit or license upon, under or over said property without the written consent of the Association. The failure to 'enforce all or any portion of this easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. The undersigned warrants that (s)he is (they are) the owner(s) in fee of the above-described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances an_d,liens of whatsoever character except the following: MORTGAGE HOLDER: • IN WITNESS WHEREOF the undersigned has set his hand and seal this /8 day of y , l9 /J (Owner) �.n � (Owner) �r;'J Q.J ,,,,( .� m, �a Signed, sealed and delivered in the presence of: AISPessf —'— (Witness) tTr OF COLORADO ) ) ss. \'e IfitJ,VN7lK OP leogre,, ) ks title foregoing instrument was acknowledged before me this J4, day of/C-4,77- IS •1)y .cdwe%T wi/rtee A Ty>-' jciJA • � SEAL ' Notary Public My Commission expires • My address is W.0. 23363 SKLD LG 172 . 20 . 16 . 24 WE 2216806-1990 . 0 0 16,6007 06 6 IIIIIII11111 MIN 11111111111111IIIIIIII �IIIIIIII 201685/ 12/28/2000 10.E JA Sold hobnail o 1 of 2 q 10.00 0 42.10 Weld CoenN CO Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the ) 'propeny')from the individual(s),carporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(t)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record (5) any protective cnvenams and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions', and(7)subject to building and zoning regulations. D.F. $42.10 The Specific Terms of TLls Deed Are: Grantor: (Give Ana)and pba(U of residence:if to spouse of the owner-grantor a pining in t as Deed to release bmniad rights,identify grantors as husband and wife.) PATRICIA A. SHADER,LELAND TIGGES,AND PHILLIP C.TIGGES Grams: (Give natal)and addrm(a):sme,eaa of address,"'eluding available road or street number.) TODD BRUTEIG 8250 WCR 62, WINDSOR,COLORADO 80550 Form of Co-Osniershlp: (If there are two of more grantees naafi,they will be considered to take as tenants to common unless to words"in pint tenancy"or words of to sane meaning are added in the space below.) Property Description (Include county and hate.) SEE ATTACHED EXHIBIT A Property Address: 32801 WCR 27 WINDSOR CO 80550 Consideration: (The statement of a dollar amount is optional,adequate consideration for as deed will be presumed unless[his conveyance is Identird as a gift. In any case this conveyance is absolute,anal and unconditiirvuL( FOUR HUNDRED TWENTY ONE THOUSAND AND 00/100 Reservaelom-Restrietiom: (If the GRANTOR intends to reserve any interest in the property or to convey less than is owned.or if the GRANTOR is restioing die GRANTEE'S right in tie property,hake appropriate Mention.) GRANTOR(S)TO RESERVE ROYALTIES FROM OIL AND GAS MINERALS ON PROPERTY. Additional Warranty Exceptions: (Include deeds of Ma being assumed and other tnaws not covered above.) Executed by the Grantor on DECEMBER 27,2000 Signature for Corpention,Partnership or Association: Signature for ladivldwl(z): /77 1,y i' `C! av'iIOr P > Name of Grantor: Corporation.Partnership on Association PATRICIA A.SHAPER —p Grantor By GI? te6 PHILLIP C.TI ES Grantor By k LELAND TIGG 1 yr- LFLAND TIGG Grantor ARM ` A }ST ! CGRBte"'` 3 ace.Ca. y 0.......:�it. WELD • Ioing instrti'sgcnt:as acknowledged before me this 27th day of DECEMBER, 2000 ��• PATRICIA A.SHADE LELAND TIGGES,AND PIIIWP C.TIGGES i f NANCY A LOHR ,;,„..)..„,y N � my hand! : .^Iscal y267 11 .2P4) My'f, .-' , -:1 LY 18,2004 ( �(y STA 2sa f COUNTY• "` 3 se 100a 37TH A NUE COURT,STE 101,ORLELEY,CO 80634 The foregoing instrument was acknowledged before me this day of Byer (fame individual Grantor(*)or if Grantor is Corporation.Partnership of Association then identify signers as president or vice presidcm and secretary or assistant secretary of corporation;or as paraner(t)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commbslon expires: Notary Public ft 19RI tlPDATF I Pr:At FIIYMe WLTC No.201-L SKLD LG 172 . 20 . 16 . 22 WE 2815857-2000 . 001 111111111111111111111111111111111111111 III iii X11111 .. 2815857 12/2812000 10:59A JA Suki Tsultamoto 2 of 2 N 10.00 0 42.10 Weld County CO EXHIBIT A TO WARRANTY DEED DATED: DECEMBER 27, 2000 GRANTOR: PATRICIA A. SHADER, LELAND TIGGES, AND PHILLIP C. TIGGES GRANTEE: TODD BRUTEIG That portion of the West 1/2 of the NE 1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the SE 1/4 of said Section 19, as monumented by a 3/4" diameter rebar with a 3 1/4" diameter aluminum cap, P.L.S. 16154 at the SE Corner of said Section 19, and by a 3/4" diameter rebar with a 3 1/4" diameter aluminum cap, P.L.S. 7242 at the South 1/4 Corner of said Section 19, to bear an assumed bearing of South 88025'36" West with all bearings contained herein relative thereto; Beginning at the South 1/4 Corner of said Section 19; Thence North 00°10'45" East, 2578.25 feet to the True Point of Beginning; Thence North 87°00'24" East, 1314.43 feet to the Center East Sixteenth Corner of said Section 19; Thence North 00°16.52" West, 2613.42 feet to the Southerly right-of-way line of Colorado State Highway 392; Thence along said right-of-way line the following four (4) courses and distances: South 86°53'06" West, 441.55 feet; South B7°08'06" West, 500.00 feet; South B7°15'36" West, 481.80 feet; South 87°09'06" West, 50.55 feet; Thence South 15°16'44" East, 310.15 feet; Thence South 19°20'49" East, 65.95 feet; Thence South 27°05'19" East, 44.99 feet; Thence South 36°50'42" East, 91.39 feet; Thence South 00°10'45" West, 2132.90 feet, more or less, to the True Point of Beginning; Also known as Parcel 2, Subdivision Exemption No. 0805-19-1-SE-802, per map //r/eccoorrJddeedd December ccember 19, 2000 as Reception No. 2814103. L/yen lef I SKLD LG 172 . 20 . 16 . 22 WE 2815857-2000 . 002 1 111111 111111111111 111111111 flit 1111111 III1111111111111 2938306 04/01/2002 01:68P JA Said Trukamoto 306 1 of 2 R 10.00 D 0.00 Weld County CO REQUEST FOR NOTIFICATION PURSUANT TO COLORADO REVISED STATUTE 24-65.5-103(3),A MINERAL ESTATE OWNER MAY FILE IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL ESTATE IS LOCATED A REQUEST FOR NOTIFICATION FORM THAT IDENTIFIES THE MINERAL OWNER'S MINERAL ESTATE AND THE CORRESPONDING SURFACE ESTATE BY PARCEL NUMBER AND BY SECTION,TOWNSHIP,AND RANGE NUMBERS. IN ACCORDANCE WITH ARTICLE 65.5 OF TITLE 24 OF THE COLORADO REVISED STATUTES, Prima Oil&Gas Company 109918'Street,Suite 400 Denver,Colorado 80202 OWNS ALL OR PART OF THE MINERAL ESTATE COVERING THE REAL PROPERTY DESCRIBED BELOW, AND REQUESTS NOTICE OF ALL INITIAL PUBLIC HEARINGS BY A LOCAL GOVERNMENT ON ANY APPLICATION FOR DEVELOPMENT AFFECTING THE REAL PROPERTY DESCRIBED AS FOLLOWS: Township 6 North,Range 66 West Section 19: WI2NE/4,W12 Weld County,Colorado AND MORE SPECIFICALLY DESCRIBED ON THE ATTACHED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, "APPLICATION FOR DEVELOPMENT"IS DEFINED IN COLORADO REVISED STATUTE 24-65.5-102(2)AS AN APPLICATION FOR A PRELIMINARY OR FINAL PLAT FOR A SUBDIVISION, A PLANNED UNIT DEVELOPMENT, OR ANY OTHER SIMILAR LAND USE DETERMINATION THAT IS USED BY A LOCAL GOVERNMENT, INCLUDING APPLICATIONS FOR ZONING, REZONING,GENERAL DEVLEOPMENT PLANS,AND SPECIAL USE PERMITS WHERE SUCH APPLICATIONS ARE IN ANTICIPATION OF NEW SURFACE DEVELOPMENT. THIS REQUEST FOR NOTIFICATION FORM SHALL BE FILED IN THE REAL ESTATE RECORDS OF THE COUNTY AND THE CLERK SHALL ALSO KEEP AN INDEX OF ALL REQUEST FOR NOTIFICATION FORMS AS REQUIRED BY COLORADO REVISED STATUTE 24-65.5-103(3). EXECUTED THIS 22nd DAY OF MARCH,2002. PRIMA OIL&GAS MP Bill4 4 Y G.Walter Lunsford Attorney-in-Fact STATE OF COLORADO § CITY&COUNTY OF DENVER § On this 22nd day of March,2002,before me,the undersigned,a Notary Public in and for the County and State aforesaid, personally appeared G.Walter Lunsford, to me :..'l;nowft•ta,be the identical person who subscribed the name of the maker thereof to the {oregoirig-1nstrument as the Attorney-in-Fact of Prima Oil & Gas Company, a Colorado • corporation,`_Given under my hand and seal the day and ear above en. r _ .L'OMM6SON EXPIRES: /ek ��/J Sep{embef 9;2003 Li da Carol Myers,Notary P#c 1099 18th Street, Suite 400:/ Denver,CO 80202 SKLD LG 172 . 20 . 16 . 22 WE 2938305-2002 . 001 rN ] � 1 /N NE /� � , . . , ,mwhc . ; )«� ; . 7i } ! d 9 ( :: : : : ) l; I §A %}/ ! })|)! }f}!l11 inn } \ !! ! ! $ |/ t • . ! g ! & !!||}4 \ \ \ Ah 4S! !| \\}} }}}}}} EEEEEEEEEE ; • k } \ } SKLD m 172 . 2616 &: WE 2938305-2002 . 002 III111IIIII IIII 111111 I'"`I'IIIII!lilt III IIIII1I11III! 244 1 ooze 07/07/2003 4 00 D 0.00Steve Weld Moreno County, CO a Recorder • DEED OF TRUST THIS DEED OF TRUST is made ihia rK1 day of July,2003,between John R.McEntee, Tonya Brighham-McEntee,(Borrowers),whose address is 2707 Granada Avenue,Loveland,CO 80538,and Anthony R.Brigham and Katina Martin-Brigham,(Borrowers),whose address is 2228 Parshall Drive,Loveland,CO 80538;and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee) ; for the benefit of Sierra Bravo, a Kansas Corporation (Lender)whose address is Box 943,Liberal,KS 67901. Borrowers and Lender covenant and agree as follows: I. PROPERTY IN TRUST. Borrower,in consideration of the indebtedness herein recited and the trust herein created,hereby grants and conveys to Trustee in trust,with power of sale,the following described property located in the County of Weld,State of Colorado: Lot B,Recorded Exemption No.805-19-1-RE-3006 being a portion of Section 19,Township 6 North, Range 66 West of the 6th P.M., Weld County,Colorado per map recorded May 7,2001 as Reception No.2846510. which has the address of ,VirrcJsot!CO(Property Address), together with all its appurtenances(Property). 2. NOTE;OTHER OBLIGATIONS SECURED. This Deed of Trust is given to secure to Lender: A. The repayment of the indebtedness evidenced by Borrower's note(Note)dated July 2, 2003, in the principal sum of Two Hundred Seventy-Five Thousand and 00/100 U.S. Dollars ($275,000.00),with interest on the unpaid principal balance from August 2,2003,until paid,at the rate with an initial interest rate of 7.25%on the unpaid principal. The interest rate of the Note is subject to adjustment by the Lender or any subsequent Holder of the Note on August I,2003,and on the first day of each month thereafter until paid in full. The interest rate is adjustable at three and one-quarter percentage points(3.25%)over National Prime as published in the Wall Street Journal. All principal and interest shall be payable at P.O.Box 945,Liberal,Kansas or such other place as the Lender may designate,in one hundred eighty(180)monthly payments with the first payment on August 1,2003,and the final payment on July 1,2018. Borrowers are to pay to Lender a late charge of Two Hundred Fifty Dollars($250.00)of any payment not received by the Lender within ten(10)days after payment is due;and Borrowers have the right to prepay the principal amount outstanding under said Note,in whole or in part,at any time without penalty except: B. The payment of all other sums,with interest thereon at the stated rate,as adjusted,per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust;and C. The performance of the covenants and agreements of Borrowers herein contained. D. Any amendment,modification,renewal or extension of the Note shall be optional with the Lender. 3. TITLE. Borrowers covenant that Borrowers own and have the right to grant and convey the Property,and warrant title to the same,subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants,if any,as of this date and except 4. PAYMENT OF PRINCIPAL AND INTEREST. Borrowers shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note,and late charges as provided in the Note and shall perform all of Borrowers'other covenants contained in the Note. SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 001 111111111111 II11 II1111 IIIII Ill 1 !i11 III 11111 IIII Fill .� 3000244 07/07/2003 02:11P valid County,CO 2 of B R 41.00 D 0.00 Steve Moreno Clerk&Recorder 5. APPLICATION OF PAYMENTS. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23(Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security),and the balance in accordance with the terms and conditions of the Note. 6. PRIOR MORTGAGES AND DEEDS OF TRUST;CHARGES;LIENS. Borrowers shall perform all of Borrowers' obligations under any prior deed of trust and any other prior liens. Borrowers shall pay all taxes,assessments and other charges,fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust,and leasehold payments or ground rents,if any,in the manner set out in paragraph 23(Escrow Funds for Taxes and Insurance) or,if not required to be paid in such manner,by Borrowers making payment when due,directly to the payee thereof. Despite the foregoing, Borrowers shall not be required to make payments otherwise required by this paragraph if Borrowers,after notice to Lender,shall in good faith contest such obligation by,or defend enforcement of such obligation or forfeiture of the Property or any part thereof,only upon Borrowers making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. PROPERTY INSURANCE. Borrowers shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lessor of(I) the insurable value of the Property or(2)an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as"Property Insurance". The Insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrowers subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender,and shall provide that the insurance carrier shall notify Lender at least ten (10)days before cancellation,termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss,Borrowers shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrowers. Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of the Deed of Trust would be impaired,the insurance proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrowers. If the Property is abandoned by Borrowers,or if Borrowers fail to respond to Lender within thirty(30) days from the date notice is given in accordance with paragraph 16(Notice)by Lender to Borrowers that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds, at Lender's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrowers and Lender hereunder with respect to insurance carriers,insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers,policies and proceeds. 8. PRESERVATION AND MAINTENANCE OF PROPERTY. Borrowers shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property;Ind shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 002 111111111111111111111111111 IIIIII�''91 III 11111 IIII iii 3080244 07/0712003 02:11P Welt.County,CO 3 of 8 R 41.00 0 0.00 Steve Moreno Clerk&Recorder Borrowers shall perform all of Borrowers'obligations under any declarations,covenants,by-laws, rules,or other documents governing the use,ownership or occupancy of the Property. 9. PROTECTION OF LENDER'S SECURITY. Except when Borrowers have exercised Borrowers' rights under paragraph 6, above, if the Borrowers fail to perform the covenants and agreements contained in this Deed of Trust,or if a default occurs in a prior lien,or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender, at Lender's option, with notice to Borrowers if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest,including,but not limited to: (a)any general or special taxes or ditch or water assessments levied or accruing against the Property; (b)the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c)sums due on any prior lien or encumbrance on the property; (d)if the Property is a leasehold or is subject to a lease,all sums due under such lease; (e)the reasonable costs and expenses of defending,protecting,and maintaining the Property and the Lender's interest in the Property, including repair and maintenance costs and expenses,costs and expenses of protecting and securing the Property, receiver's fees and expenses,inspection fees,appraisal fees,court costs,attorney fees and costs,and fees and costs of an attorney in the employment of the Lender or holder of the certificate of purchase; (t)all other costs and expenses allowable by the evidence of debt or this Deed of Trust,and (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrowers hereby assign to Lender any right Borrowers may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9,with interest thereon,shall become additional indebtedness of Borrowers secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrowers requesting payment thereof,and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B(Note;Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrowers notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential,in connection with any condemnation or other taking of the Property,or part thereof, or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrowers and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed or trust. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrowers. In the event of a partial taking of the Property,the proceeds remaining after taking out any part of the award due any prior lien holder(net award)shall be divided between Lender and Borrowers,in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrowers'equity in the Property immediately prior to the date of taking. Borrowers'equity in the property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior liens(except taxes)that are to receive any of the award,all at the value immediately prior to the date of taking. 12. BORROWERS NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrowers shall not operate to release, in any manner, the liability of the original Borrowers,nor Borrowers' successors in interest, from the original terms of this Deed of Trust. SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 003 11111111111 IIII 111111111111111111 IIC~11111 IIII viii "' 3080244 07107/2003 02:11P Weld County,CO 4 of 8 R 41.00 D 0.00 Steve Moreno Clerk d Recorder Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrowers nor Borrowers' successors in interest. 13. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. REMEDIES CUMULATIVE. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,and maybe exercised concurrently,independently or successively. 15. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CAPTIONS. The covenants and agreements herein contained shall bind,and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrowers, subject to the provisions of paragraph 24(Transfer of the Property;Assumption). All covenants and agreements of Borrowers shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. NOTICE. Except for any notice required by law to be given in another manner,(a)any notice to Borrowers provided for in this Deed of Trust shall be in writing and shall be given and be effective upon(1)delivery to Borrowers or(2)mailing such notice by first-class U.S.mail,addressed to Borrowers at Borrowers' address stated herein or at such other address as Borrowers may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be in writing and shall be given and effective upon(I)delivery to Lender or(2)mailing such notice by first-class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrowers as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrowers or Lender when given in any manner designated herein. 17. GOVERNING LAW; SEVERABILITY. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provision of the Deed of Trust and Note are declared to be severable. 18. ACCELERATION;FORECLOSURE;OTHER REMEDIES. Except as provided in paragraph 24(Transfer of the Property;Assumption),upon Borrowers'breach of any covenant or agreement of Borrowers in this Deed of Trust or upon any default in a prior lien upon the Property, (unless Borrowers have exercised Borrowers'rights under paragraph 6 above),at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable(Acceleration). To exercise this option,Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust,including,but not limited to,reasonable attorney's fees. If Lender invokes the power of sale,Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrowers of Borrowers'rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property,for not less than four(4)weeks in a newspaper of general circulation in each county in which the Property is situated,and shall mail copies of such notice of sale to Borrowers and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrowers,shall sell the Property at public auction to the highest bidder for cash at the time and place(which may be on the Property or any part thereof as permitted by law)in one or more parcels as Trustee may think best and in such orders as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order:(a)to all reasonable costs and expenses of the sale,including,but not limited to,reasonable Trustee's and attorney's fees and costs of title evidence;(b)to all sums secured by this Deed of Trust;and (c)the excess, if any,to the person or persons legally entitled thereto. SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 004 1111111111(1I111111111111111111111III IIIII1111IIII 3080244 07/07/2003 02:11P Weld Co..ry, CO 5 of 0 R 41.00 D 0.00 Sieve Moreno Clerk 8 Recorder 19. BORROWERS'RIGHT TO CURE DEFAULT. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. As additional security hereunder,Borrowers hereby assign to Lender the rents of the Property;however, Borrowers shall,prior to Acceleration under paragraph 18(Acceleration; Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18(Acceleration;Foreclosure;Other Remedies),and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption,if any;and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrowers or of the then owner of the Property,and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice being hereby expressly waived. Upon Acceleration under paragraph 18(Acceleration;Foreclosure;Other Remedies)or abandonment of the Property,Lender,in person,by agent or by judicially-appointed receiver,shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first,to payment of the costs of preservation and management of the Property,second,to payments due upon prior liens and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. RELEASE. Upon payment of all sums secured by this Deed of Trust,Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrowers shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrowers to Lender,shall obtain at Lender's expense,and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. WAIVER OF EXEMPTIONS. Borrowers hereby waive all right of homestead and any other exemption in the Property under state or federal law presently existing or hereunder enacted. 23. ESCROW FUNDS FOR TAXES AND INSURANCE. This paragraph 23 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Subject to applicable law,Borrowers shall pay to Lender,on each day installments of principal and interest are payable under the Note,until note is paid in full,a sum(hereinafter referred to as"Funds")equal to of the yearly taxes and assessments which may attain priority over this Deed of Trust,plus of yearly premium installments for Property Insurance,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof,taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrowers and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes,assessments and insurance premiums. Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrowers any interest or earnings on the Funds. Lender shall give to Borrowers, without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due,Borrowers shall pay to Lender any amount necessary to make SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 005 111111111111 IIA 11111111111 iirMiiiii III 11111 IIII IIIi 3080244 07107/2003 02:11P weld County,CO 6 of 8 R 41.00 D 0.00 Steve Moreno Clerk 8 Recorder up the deficiency within thirty(30)days from the date notice is given in accordance with paragraph 16(Notice)by Lender to Borrowers requesting a payment thereof. Provided,however,if the loan secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts,such deficiency,surplus or any other required adjustment shall be paid,credited or adjusted in compliance with such applicable laws. Upon payment in full of all sums secured by this Deed of Trust,Lender shall simultaneously refund to Borrowers any Funds held by Lender. If under paragraph 18(Acceleration;Foreclosure;Other Remedies)the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender,whichever occurs first,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 24. TRANSFER OF THE PROPERTY; ASSUMPTION. The following events shall be referred to herein as a"Transfer":(i)a transfer or conveyance of title(or any portion thereof,legal or equitable)of the Property(or any part thereof or interest therein),(ii)the execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property(or any part thereof or interest therein),(iii)or an agreement granting a possessory right in the Property (or any portion thereof),in excess of three(3)years,(iv)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or receive,more then fifty percent(50%)of the controlling interest or more than fifty percent(50%)of the controlling reorganization,liquidation or dissolution of the Borrowers. Not to be included as a Transfer are(i)the creation of a lien or encumbrance subordinate to this Deed of Trust,(ii)the creation ofa purchase money security interest for household appliances,or(iii)a transfer by devise,descent or by operation of the law upon the death of joint tenant. At the election of Lender,in the event of each and every transfer: (a) All sums secured by this Deed if Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrowers under this Deed ofTrust including all sums secured hereby whether or not the instrument evidencing such conveyance,contract it grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrowers with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full if said sums, without it any way altering or discharging the Borrowers' liability hereunder for the obligations hereby secured. (c)Should Lender not elect to Accelerate upon the occurrence of such Transfer then,subject (b)above,the mere fact if a lapse if time or the acceptance if payment subsequent to any of such events,whether or not Lender had actual or constructive notice of such Transfer,shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan,whether or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights. 25. BORROWERS'COPY. Borrowers acknowledges receipt of a copy of the Note of this Deed of Trust. EXECUTED BY BORROWERS JO R.MCENTEE ANTHONY R.BRIGH 27 7 Granada Avenue 2228 Parchall Drive Loveland,CO 80538 Loveland,CO 80538 social security#505-82-1676 524-98-7454 SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 006 IIIIIIIIIIIIIIIIIIIIIIIIIIIIICIIIIIIIIIIIIIIIII 3080244 07/07/2003 02:11P Weld County,Co 7 of S R 41.00 0 0.00 Steve Moreno Clerk&Recorder • 1^ 4-,.._..% TONYA BRIGHAI S-MCENTEE KATINA fillAbthGEIAM 2707 Granada Abenue 2228 Parshall Drive Loveland,CO 80538 Loveland,CO 80538 social security#524-98-8064 social security#524-02-4791 STATE OF COLORADO ) ) COUNTY OF Wait ) The foregoing instrument was acknowledged before me this 2114 day of July,2003,by JOHN R.MCENTEE. Witness my hand and official seal. / My Comm' ,t1ti-EXplres: 7-)f-o/ Notary Public y 0_L);24613-• t%�J STATE OF COLORADO ) COUNTY OF LOgi d ) di The foregoing instrument was acknowledged before me this d o day of July,2003,by TONYA BRIGHAM-MCENTEE. ;l.1ries;my hand and official seal. NANCY A. G IjC1/1(��/ a ci/ii My 9hrniskfdiiiExpires: V�4e-di Not Public✓7 ) SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 007 W'J11R%1A1JJJJ11 02:11111aCo IIIII11IIIIIIICO 0 0.0 Steve Moreno &Recorder STATE OF COLORADO ) COUNTY OF',Del d ) The foregoing instrument was acknowledged before me this o day of July,2003,by ANTHONY R.BRIGHAM. Witness my hand and official seal. .,V/an a/Ate-4Y My Commission Expires: 7-/E -O Notary Public 7 A OF t STATE OF COLORADO ) COUNTY OF 1,0e15" ) The foregoing instrument was acknowledged before me this r?d day of July,2003,by KATINA MARTIN-BRIGHAM. Witness my hand and official seal. 7'7ai9c4 Q.(,)- My Commission Expires: 7"l ` N tary Public / SKLD LG 172 . 20 . 16 . 24 WE 3080244-2003 . 008 11111111111 .i11111111111hull!IIIIIIi!11111III!II11 245 3080245 07/07/2003 02:11P Weld County,CO —. 1 of 8 R 41.00 D 0.00 Steve Moreno Clerk&Recorder DEED OF TRUST THIS DEED OF TRUST is made this ylnd day of July,2003,between John R.McEntee, Tonya Brighham-McEntee,(Borrowers),whose address is 2707 Granada Avenue,Loveland,CO 80538,and Anthony R.Brigham and Katina Martin-Brigham,(Borrowers),whose address is 2228 Parshall Drive, Loveland,CO 80538;and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee) ; for the benefit of Sierra Bravo, a Kansas Corporation (Lender)whose address is Box 943,Liberal,KS 67901. Borrowers and Lender covenant and agree as follows: 1. PROPERTY IN TRUST. Borrower,in consideration of the indebtedness herein recited and the trust herein created,hereby grants and conveys to Trustee in trust,with power of sale,the following described property located in the County of Weld,State of Colorado: Lot B,Recorded Exemption No.805-19-1-RE-3006 being a portion of Section 19,Township 6 North, Range 66 West of the 6th P.M., Weld County,Colorado per map recorded May 7,2001 as Reception No.2846510. which has the address of! ,Wni-y'c prCO(Property Address), together with all its appurtenances(Property). 2. NOTE;OTHER OBLIGATIONS SECURED. This Deed of Trust is given to secure to Lender: A. The repayment of the indebtedness evidenced by Borrower's note(Note)dated July 2, 2003, in the principal sum of One Hundred Forty-Five Thousand and 00/100 U.S. Dollars (S145,000.00),with interest on the unpaid principal balance from August 2,2003,until paid,at the rate with an initial interest rate of 7.25%on the unpaid principal. The interest rate of the Note is subject to adjustment by the Lender or any subsequent Holder of the Note on August I,2003,and on the first day of each month thereafter until paid in full. The interest rate is adjustable at three and one-quarter percentage points(3.25%)over National Prime as published in the Wall Street Journal. All principal and interest shall be payable at P.O.Box 945,Liberal,Kansas or such other place as the Lender may designate. Interest shall be paid in full on January 1,2004,July 1,2004,January 1, 2005,June 30, 2005. Outstanding principal shall be paid on June 30,2005. Borrowers are to pay to Lender a late charge of Two Hundred Fifty Dollars($250.00)of anypayment not received by the Lender within ten(10)days after payment is due;and Borrowers have the right to prepay the principal amount outstanding under said Note,in whole or in part,at any time without penalty except: B. The payment of all other sums,with interest thereon at the stated rate,as adjusted,per annum,disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust;and C. The performance of the covenants and agreements of Borrowers herein contained. D. Any amendment,modification,renewal or extension of the Note shall be optional with the Lender. 3. TITLE. Borrowers covenant that Borrowers own and have the right to grant and convey the Property,and warrant title to the same,subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants,if any,as of this date and except 4. PAYMENT OF PRINCIPAL AND INTEREST. Borrowers shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note,and late charges as provided in the Note and shall perform all of Borrowers'other covenants contained in the Note. SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 001 111111111111IIIIIIIIHIIIII1111111ir1 iIIIII1111IIII 3080245 07/0712003 02:11P Weld County,Co 2 of 8 R 41.00 0 0.00 Steve Moreno Clerk&Recorder 5. APPLICATION OF PAYMENTS. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23(Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security),and the balance in accordance with the terms and conditions of the Note. 6. PRIOR MORTGAGES AND DEEDS OF TRUST;CHARGES;LIENS. Borrowers shall perform all of Borrowers' obligations under any prior deed of trust and any other prior liens. Borrowers shall pay all taxes,assessments and other charges,fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust,and leasehold payments or ground rents,if any,in the manner set out in paragraph 23(Escrow Funds for Taxes and Insurance) or,if not required to be paid in such manner,by Borrowers making payment when due,directly to the payee thereof Despite the foregoing, Borrowers shall not be required to make payments otherwise required by this paragraph if Borrowers,after notice to Lender,shall in good faith contest such obligation by,or defend enforcement of such obligation or forfeiture of the Property or any part thereof,only upon Borrowers making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. PROPERTY INSURANCE. Borrowers shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lessor of(1) the insurable value of the Property or(2)an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as"Property Insurance". The Insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrowers subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender,and shall provide that the insurance carrier shall notify Lender at least ten (10)days before cancellation,termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss,Borrowers shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrowers. Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of the Deed of Trust would be impaired,the insurance proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrowers. If the Property is abandoned by Borrowers,or if Borrowers fail to respond to Lender within thirty(30) days from the date notice is given in accordance with paragraph 16(Notice)by Lender to Borrowers that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds, at Lender's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrowers and Lender hereunder with respect to insurance carriers,insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers,policies and proceeds. 8. PRESERVATION AND MAINTENANCE OF PROPERTY. Borrowers shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 002 111111111111/III 111111111111111111 Ir ii viii/III viii 3080245 07/07/2003 02:11P Weld County,CO 3 of 8 R 41.00 0 0.00 Steve Moreno Clerk 8 Recorder Borrowers shall perform all of Borrowers'obligations under any declarations,covenants,by-laws, rules,or other documents governing the use,ownership or occupancy of the Property. 9. PROTECTION OF LENDER'S SECURITY. Except when Borrowers have exercised Borrowers' rights under paragraph 6, above, if the Borrowers fail to perform the covenants and agreements contained in this Deed of Trust,or if a default occurs in a prior lien,or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender, at Lender's option, with notice to Borrowers if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest,including,but not limited to: (a)any general or special taxes or ditch or water assessments levied or accruing against the Property; (b)the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c)sums due on any prior lien or encumbrance on the property; (d)if the Property is a leasehold or is subject to a lease,all sums due under such lease; (e)the reasonable costs and expenses of defending,protecting,and maintaining the Property and the Lender's interest in the Property, including repair and maintenance costs and expenses,costs and expenses of protecting and securing the Property,receiver's fees and expenses,inspection fees,appraisal fees,court costs,attorney fees and costs,and fees and costs of an attorney in the employment of the Lender or holder of the certificate of purchase; (f)all other costs and expenses allowable by the evidence of debt or this Deed of Trust,and (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrowers hereby assign to Lender any right Borrowers may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9,with interest thereon,shall become additional indebtedness of Borrowers secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrowers requesting payment thereof,and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 28(Note;Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrowers notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential,in connection with any condemnation or other taking of the Property,or part thereof, or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrowers and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed or trust. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrowers. In the event of a partial taking of the Property,the proceeds remaining after taking out any part of the award due any prior lien holder(net award)shall be divided between Lender and Borrowers,in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrowers'equity in the Property immediately prior to the date of taking. Borrowers' equity in the property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior liens(except taxes)that are to receive any of the award,all at the value immediately prior to the date of taking. 12. BORROWERS NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust wanted by Lender to any successor in interest of Borrowers shall not operate to release, in any manner, the liability of the original Borrowers, nor Borrowers' successors in interest, from the original terms of this Deed of Trust. SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 003 111111111111 I I I 11111111111111111111`''"111111111111111 3080245 07/07/2003 02:11P Weld County,CO 4 of 8 R 41.00 0 0.00 Steve Moreno Clerk 8 Recorder Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrowers nor Borrowers'successors in interest. 13. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. REMEDIES CUMULATIVE. Each remedyprovided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,and may be exercised concurrently,independently or successively. IS. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CAPTIONS. The covenants and agreements herein contained shall bind,and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrowers, subject to the provisions of paragraph 24(Transfer of the Property;Assumption). All covenants and agreements of Borrowers shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. NOTICE. Except for any notice required by law to be given in another manner,(a)any notice to Borrowers provided for in this Deed of Trust shall be in writing and shall be given and be effective upon(1)delivery to Borrowers or(2)mailing such notice by first-class U.S.mail,addressed to Borrowers at Borrowers' address stated herein or at such other address as Borrowers may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be in writing and shall be given and effective upon(1)delivery to Lender or(2)mailing such notice by first-class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrowers as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrowers or Lender when given in any manner designated herein. 17. GOVERNING LAW; SEVERABILITY. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provision of the Deed of Trust and Note are declared to be severable. 18. ACCELERATION;FORECLOSURE;OTHER REMEDIES. Except as provided in paragraph 24(Transfer of the Property;Assumption),upon Borrowers'breach of any covenant or agreement of Borrowers in this Deed of Trust or upon any default in a prior lien upon the Property, (unless Borrowers have exercised Borrowers'rights under paragraph 6 above),at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable(Acceleration). To exercise this option,Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust,including,but not limited to,reasonable attorney's fees. If Lender invokes the power of sale,Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrowers of Borrowers'rights as is provided by law.Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property,for not less than four(4)weeks in a newspaper of general circulation in each county in which the Property is situated,and shall mail copies of such notice of sale to Borrowers and other persons as prescribed by law. After the lapse of such time as may be required by law,Trustee, without demand on Borrowers,shall sell the Property at public auction to the highest bidder for cash at the time and place(which may be on the Property or any part thereof as permitted by law)in one or more parcels as Trustee may think best and in such orders as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale,including,but not limited to,reasonable Trustee's and attorney's fees and costs of title evidence; (b)to all sums secured by this Deed of Trust;and(c)the excess,if any,to the person or persons legally entitled thereto. SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 004 111111111111/III 111111111111111111 iniiii/III/III ". 3080245 17/07/2003 02:11P Weld County,CO 5 of 8 R 41.00 0 0.00 Steve Moreno Clerk 8 Recorder 19. BORROWERS'RIGHT TO CURE DEFAULT. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. As additional security hereunder,Borrowers hereby assign to Lender the rents of the Property; however,Borrowers shall,prior to Acceleration under paragraph 18(Acceleration; Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18(Acceleration;Foreclosure;Other Remedies),and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption,if any;and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrowers or of the then owner of the Property,and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice being hereby expressly waived. Upon Acceleration under paragraph 18(Acceleration;Foreclosure;Other Remedies)or abandonment of the Property,Lender,in person,by agent or by judicially-appointed receiver,shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first,to payment of the costs of preservation and management of the Property,second,to payments due upon prior liens and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. RELEASE. Upon payment of all sums secured by this Deed of Trust,Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrowers shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrowers to Lender,shall obtain at Lender's expense,and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. WAIVER OF EXEMPTIONS. Borrowers hereby waive all right of homestead and any other exemption in the Property under state or federal law presently existing or hereunder enacted. 23. ESCROW FUNDS FOR TAXES AND INSURANCE. This paragraph 23 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Subject to applicable law,Borrowers shall pay to Lender,on each day installments of principal and interest are payable under the Note,until note is paid in full,a sum(hereinafter referred to as"Funds")equal to of the yearly taxes and assessments which may attain priority over this Deed of Trust,plus of yearly premium installments for Property Insurance,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof,taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrowers and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes,assessments and insurance premiums. Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrowers any interest or earnings on the Funds. Lender shall give to Borrowers,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due,Borrowers shall pay to Lender any amount necessary to make SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 005 111111 UIII Ilil 11111111111111101111x11111 iii Iii 3080245 07/07/2003 02:11P Weld County, CO 6 of 8 R 41.00 0 0.00 Steve Moreno Clerk 6 Recorder up the deficiency within thirty(30)days from the date notice is given in accordance with paragraph 16(Notice)by Lender to Borrowers requesting a payment thereof. Provided,however,if the loan secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts,such deficiency,surplus or any other required adjustment shall be paid,credited or adjusted in compliance with such applicable laws. Upon payment in full of all sums secured by this Deed of Trust,Lender shall simultaneously refund to Borrowers any Funds held by Lender. If under paragraph 18(Acceleration;Foreclosure;Other Remedies)the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender,whichever occurs first,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 24. TRANSFER OF THE PROPERTY; ASSUMPTION. The following events shall be referred to herein as a"Transfer":(i)a transfer or conveyance of title(or any portion thereof,legal or equitable)of the Property(or any part thereof or interest therein),(ii)the execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property(or any part thereof or interest therein),(iii)or an agreement granting a possessory right in the Property (or any portion thereof),in excess of three(3)years,(iv)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or receive,more then fifty percent(50%)of the controlling interest or more than fifty percent(50%)of the controlling reorganization, liquidation or dissolution of the Borrowers. Not to be included as a Transfer are(i)the creation of a lien or encumbrance subordinate to this Deed of Trust,(ii)the creation of a purchase money security interest for household appliances,or(iii)a transfer by devise,descent or by operation of the law upon the death of a joint tenant. At the election of Lender,in the event of each and every transfer (a) All sums secured by this Deed if Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrowers under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance,contract it grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrowers with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full if said sums, without it any way altering or discharging the Borrowers' liability hereunder for the obligations hereby secured. (c)Should Lender not elect to Accelerate upon the occurrence of such Transfer then,subject (b)above,the mere fact if a lapse if time or the acceptance if payment subsequent to any of such events,whether or not Lender had actual or constructive notice of such Transfer,shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan,whether or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights. 25. BORROWERS'COPY. Borrowers acknowledges receipt of a copy of the Note of this Deed of Trust. EXECUTED BY BORROWERS 91-- i //'' UNR.MCENTEE ANTHONY R. BRIGHAM 2707 Granada Avenue 2228 Parchall Drive Loveland,CO 80538 Loveland,CO 80538 social security#505-82.1676 524-98-7454 SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 006 1111111 UIII ItO 111111(liII BIIIA 11111 J ;II1111101 3080245 07/07/2003 02:11P Weld County,CO 7 of 8 R 41.00 0 0.00 Steve Moreno Clerk&Recorder L r \.J�E i J-M,r ru . p�B (JH TO B GHAM-MCENTEE TINA MARTIN-B GHAM 2707 Granada venue 2228 Parshall Drive Loveland,CO 80538 Loveland,CO 80538 social security#524-98-8064 social security#524-02-4791 STATE OF COLORADO lI ) COUNTY OF Weld ) The foregoing instnument was acknowledged before me this Ord day of July,2003,by JOHN R.MCENTEE. Witness my hand and official seal. a ./ 'Ll'MyComrnfssion.E:(piros:`7'/t"Ci Not Public, ) V v Lt STATE OF COLORADO I ) COUNTY OF W{ ell ) The foregoing instrument was acknowledged before me this 0 day of July,2003,by TONYA BRIGHAM-MCENTEE. Witness my hand and official seal. r / (i c My Commission Expires: 7-I 1" O Ndtary Publiclic -.-ICY A. (y: 1.6911 I SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 007 STATE OF COLORADO ) COUNTY OF8{Lr ) The foregoing instrument was acknowledged before me this o1"d day of July,2003,by ANTHONY R. BRIGHAM. Witness my hand and official seal. My Commission Expires: 7 I?-4) No Public STATE OF COLORADO ) COUNTY OF iA)eLr ) The foregoing instrument was acknowledged before me this a na day of July,2003,by KATINA MARTIN-BRIGHAM. ess my hand and official seal. /: n y /n/ My missR6li Expires::7,/f�0! Notary Public / ) 9r .. 111L111111IIII UIIi1111111111111IIIII IIIIIIi1IIIIIIII 98ol28 R 11.00 0 0.02:118 SveWeldMoreno Cleik 8 Recorder SKLD LG 172 . 20 . 16 . 24 WE 3080245-2003 . 008 Todd Hodges Design, LLC MBM Enterprises LLC Non Urban PUD FEMA FIRM Community Panel Master Map Index September 22, 1999 1 080266 0465 0 080266 0475 Q i iii., i 'I I . z. .R - A rar' T l'..ICi tint C I . II -I 'A IT . .I Is, — _ WCR 70 _. I ASH 392 k-P . * �, '' I iiivi4456:H.<. , , iii n i�\? O-_un 1CJ 080266 0605 D s�, , �) - 4-k` ` ' C 'PANEL. NO- PRINTED A AEA IN 7.02NE 0 "PAN- l_ NOT enINTI-l' Alit-A N20NI- O . C I 1 , ., �k' cis.)n 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775 entail: toddlodgesdesign(a)earthlink.net Todd Hodges Design, LLC MBM Enterprises LLC Non Urban PUD Soil Classification Map Soil Survey of Weld County, Colorado excerpt (Southern Portion) Published by the USDA, Soil Conservation Service In Cooperation with Colorado Agricultural Experiment Station, Issued September, 1980 �.,. � 32 Nill]3 ... t . 4 afro" lit it/ 4fi ge N. t.wtLii 1 Wilk' ilk 1 likr \SI kik „,,,i, 32 19 1: ter "bili ' 4 yr kid 3. 1''n'vh.�` '.4 6 mw Applicable Soil Types: 32, 33, 48 Narratives to follow Map. 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775 email: toddhodgesdesign@earthlink.net Todd Hodges Design, LLC Soil Survey of Weld County, Colorado excerpt Published by the United States Department of Agriculture Soil Conservation Service In Cooperation with Colorado Agricultural Experiment Station Issued September 1980 Soil Classification #32: Kim Loam, 1 to 3 percent slopes 32—Kim loam, I to 1 percent slopes- This is a deep, The potential native vegetation 1s dominated by blue wet drained shy an asmotb ,p1auu and *Banal feat at gram:* Several mid armors., such as *restart w•beatgraw,. elevations of 4,900 to 5260 feet,It formed in mixed eolian and needleandthread, are also present Potential produe- deposit and parent sediment from a wide variety of taws ranges from 1.6013 pounds per acre in favorable years bedrock. Included to mapping are small areas of soils that to 1,000 pounds in unfavorable years As range condition have foamy sand underlying matermi deteriorates, the mud grasses decrease, blue grain• buf- Typically the surface layer in brown and pale brown falograss, Makewend. yucca, and fringed sage increase, loam about 12 maws thick.The upper 28 inches of the ion- and forage production drops. Undesirable weeds and on this an- Aerlying material is pale brown loam The lower part to a mats invade the sate as range condition becomes poorer depth of d0 inches is pals brown fine sandy loam. Management of vegetation on soi should be ased l b Permeability is moderate. Available water capacity is on taking half and leaving half of the total annual producondition - high 'The effective rooting depth is 60 inches or more. Sid ten seeding v-a la dealle lode t. the large 1F 1R poor Coittllblu Surface runoff is medium,and the erosion hazard is low Sideata grins little bluestem, western wheatgrass, blue grams,pubescent whcatgrase.and crested whesiltruss are In irrigated areas this soil is suited to all crops con- suitable. for seeding. The grass selected should meet the moldy grown in the area, including corn, sugar beets. neasonat reouuremen%a of twe.ork. It can be seeded rate beans,alfalfa, small grain,potatoes, and onions An exam- a clean, firm sorghum stubble, or it can be drilled into a role or a suitable cropping system is 3 to 4 years of alfalfa firm prepared ncrdhed See+lmp enlj m gyring has followed by corn,corn for silage,sugar beets,small gram, proven most successful. or beans Land leveling,ditch lining(fig.6),and installing Windbreaks and environmental plantings of trees snit pipelines may be needed for proper water applications shrubs commonly grown In the area are generally well op methods of irrigation are suitable, but furrow ir- suited to this swl Cultivation to avnlro cumpriang rigauon is the most common. Bantvani manure and nom- vegetation should be continued for as many years as menial fertilizer are needed for top yields possible following planting.Trees that are beet suited and fn nonirngated areas this sod is suited to winter wheat, have good survival are Rocky Mountain Juniper, eastern Miney, and sonfbar Most- of the acreage la planted to redce,lar, ponderosa pine,Siberian elm, Russian-olive, and winter wheat and is summer followed in alternate yearn hackberry. The shrubs best suited are skunkbush sumac. to allow moisture accumulation. Generally arecipdatrori ra Else,Siberian peashrub,and Amencan plum. too low for beneficial use of fertilizer. Wildlife is an important secondary use of this soil The Stulrhle nwlck farming, slriprroPpmg,and malmiml tu- cropland areas provide favorable habitat for ringwnei"S e are needed to control sod blowing and water erosion tag pneasanl and mourning dove. Many noiigame species can Terracing also may be needed to enntrel water erosion. be attracted by establishing areas (or nesting and escape cover. Not pheasants, undisturbed nesting cover is eaaen- lisl and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture Range- land wildlife, for example, the pronghorn antelope, earl be attracted by developing livestock watering facilities, managing livestock grazing,and reseeding where needed. This soil has good potential for urban and recreational development Increased population growth in the survey area has resulted in increased homesite construction. The chief limiting soil feature for urban development and road construction is the limited capacity of this soil to support a load. Septic tank absorption fields function properly,but commwtuty sewage systems should be provided if the population density Incrases. Because of the permeability of the substratum, sewage lagoons must be sealed Lawns, shrubs, and trees grow well Capability subclass Its irrigated, We nonirrigated,Loamy Plains,range site. 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(agwest.net -- -Crauesla Todd Hodges Design, LLC Soil Survey of Weld County, Colorado excerpt (Southern Portion) Published by the United States Department of Agriculture Soil Conservation Service In Cooperation with Colorado Agricultural Experiment Station Issued September 1980 Soil Classification #33: Kim Loam, 3 to 5 percent slopes 33—Kim loam. 3 to 6 percent slopes- This us.a deep Permeability is moderate Available water capacity is well drained sod on plains and alluvial fans at elevations Poet The effective rooting depth is 60 tnehes or more of 4,900 to 6250 feet. It formed in mixed ninon deposits Surface runoff is medium, ar.J the erosion Inman is and parent aedy,ient from a wide variety of bedrock.In- moderate. eluded in mapping are small areas of sods that have In irrigated areas this soil is suited to crops commonly loamy sand underlying material grown in the area Perennial grasses and alfalfa or close Typhoid the surface layer is brown and pale brown gaubmm crops should be grown at beset 50 percent of the bent*taut 10 Karnes thick,The upper 2S inches of the un- time. Contour ditches and corrugations can be used in it derlymg material is pale brown loam.The lower part to a noting dose grown crops and pasture Furrows,contour depth or 60 Inches is pale brown(tee sandy loam. furrows, and crow. elope furrows are suitable for row crops. Spnnider irrigation is also suggested. Reaping lags to a minimum and utdiang crop residue help to eon- tiol erosion. Maintaining fertility is important Crops respond to applications of phosphorus and nitrogen. <n nonirngated areas this sod is suited to winter wheat, barley, and sorghum Most of the acreage is planted to winter wheat The predicted average yield is 28 bushels per arse. Tee son is slimmer followed in alternate years to allow moisture accumulation. Generally precipitated, is too low for beneficial use of fertilizer Stubble midch fanning,strnperopping,and minimum til- lage are needed to control soil blowing and water erosion Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grams. Several mid grasses,such as western wheatgta air and needleendthread. are also present Potential pcoduc- too ranges from 1,600 pounds per acre in favorable years to 1.000 pounds in unfavorable years. As range condition deteriorates. the mid grasses decrease; blue grams, but- falograss, sn,aeweed, dentin and fringed sage internee; and forage production drops. Undesirable weeds and an- nuals invade the cute as range condition becomes poorer. Management of vegetation on this soil ehwild be based on caking hail sod hem-blebs),of the total annual prwdue- con Seeding is desirable if the range is m poor condition Sidecars grains,little blueetam.western wheetgrsu,blue gtama,pubescent whebtgrass,and crested wheatgrsn are suitable for seeding The grass selected should meet the seasonal requirements of livestock. It can be needed into a clean, firm sorghum stubble, or it can be drilled into a Rnn prepared seedbed Seeding early in spring has proven most successful Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this sod Cultivation to control competing vegetation should be continued for as many years as possible following planting Trees that are best suited and have good survival are Rocky Mountain juniper.eastern redcedar,ponderosa pine,Siberian elm,Russian-olive,and haekberry The shrub.best suited am akunkbush sumac, lilac,Siberian peashrub,and American plum Wildlife is an important secondary use of this soil The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover For pheasants,undisturbed nesting cover it esaen- naI and should be included in plans for habitat develop- ment,especially in areas of intensive agriculture. Range- 1269 North Cleveland A venue • Loveland, Colorado 80537 • (970) 613-8556 • fax:(970)6/3-8775 email: taddhodgesdesign(aearthlink.lie! sw Todd Hodges Design, LLC Soil Survey of Weld County, Colorado excerpt (Southern Portion) Published by the United States Department of Agriculture Soil Conservation Service In Cooperation with Colorado Agricultural Experiment Station Issued September 1980 Soil Classification #48: Olney Fine Sandy Loam, 3 to 5 percent slopes q9—Olney fore sandy !Dora. 3 to S percent elopes. more.Surface runoff is mednuc and toe erosion began,is This is a deep,well drained soil on plains at elevations of low 4,600 to 5200 feet It formed in mixed outwaeh deposits in ung*tort „eat this non a towed to the crops corn_ Included in mapping are emal]areas of sods that have a monly grown in the area.Perennial gnawed sad alfalfa or dark "rise layer and small areas of gabs that have close grown crepe ehouki be grown at least 50 percent of sandstone and shale within a depth of 60 inches the time Contour ditches end corrugations can be used in Typically the surface layer of this Olney soil is grayish ut�gating close grown crops and pasture.Furrows.con- brown fine sandy day loam about.5 inches thick.The sub- ,tow fur ows,and cross elope furrow•are suitable for row soil is yellowish brown and very pale brown fine sandy crops Sprmamr imgation is also desirable Keeping EU- loam about 12 inches thick The substratum to it depth of 60 mehes toe yery Pale brown.catearmue fine sandy loans �'to a minimum Maintaining a and„damp crop s!twilit,Cant to nips Perrnesbihty and available water capacity are Us rider to asion Mcation of fertility u and nitrogen r Crops moderate The effective rooting depth a NU inches or respond to applications of phosphorus In non 'gated areas this soil us suited to winter wheat, barley. and and sorghum Most of the acreage es planted to winter wheat The predicted average yield a 25 bushels per acre The soil is rummer hallowed in alternate years to allow moisture accumulation Ceneralky precipitation re too low for beneficial use of fertilizer. Stubble mulch farming,stril blowing,and minimum tali erosion. r are needed to control sod blowing and water erosion Terracing also may be needed to control water erosion. The potential native vegetation on this range site is dominated by sand blueatem, sand reedgraaa, and blue gram. Needlesndthread, Redcap-Asa sdeoate grams, and western wheatg:we are also prominent Potential production ranges from 2.200 pounds per acre in favora- ble years to 1,500 pounds in unfavorable years As condi- tion deterwntee, sand bluestem, sand reedgress, and a.itchersss decrease and blue grams,sand dropaeed,and rand sage increase.Annual weeds and grasses invade the site as range condition becomes poorer Management of vegetation on thw soil should be based on taking half and leaving half of the total annual produe. ion heeding is desirable if the range is in poor cunditeon Sand bluestem, sand reedgraes, .witcheries, *ghosts grams, blue grams, pubescent coeatgrees, and crested wheatgrasa are suitable for seeding The grass selected should meet the seasonal requirements of livestock.It can be seeded into a clean.firm sorghum stubble,or it can be doled into a firm prepared seedbed Seeding early in spring has proven most nuceesafuL Windbreaks and environmental plantings are generally suited to this soil. Sail blowing, the principal hazard in establishing trees and shrubs, can be controlled by Cul- tivating only in the tree row and by leaving a strip of vegetation between the rows Supplemental imgation may be needed at the time of Wanting and during dry periods Trees that are beat suited and have good survival are Rooky Mountain juniper,eastern redcedar,ponderosa pine. Siberian elm, Russian-olive. and hackberry The shrubs best suited are shunabush sumac,lilac.and Siberi- an peashrun. Wildlife is an important secondary use of this roil The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove.Many nonionic species ran be attracted by establishing areas for nesting and escape enter.Fnr pheasants,undisturbed nesting cover ts essen- tial and should be included in plans for habitat develop- ment,especially in areas of intensive agriculture. Range- land wildlife,for example,the pronghorn antelope,can be attracted by developing livestock watering facilities, managing livestock grating,and reseeding where needed. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Olney soil The roil has good potential for urban and recreational development.The only limiting feature is the moderately raped permeability in the substratum, which causes a head of ground water contamination from sewage lagoons. Lawns,shrubs, and trees grow well Capability subclass IIIe irrigated, life noanrigated. Sandy Plains range site. 1269 North Cleveland Avenue • Loveland. Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(a<earthlink.net 1 I C) _i WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX: 970-304-6498 Date: 20 - Receipt No. 4 Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. iCASH Et HECK NO. - TOTAL FEE Receipted By: DL# Exp. LIST OF MINERAL OWNERS AND MINERAL LESSEES (McEntee/Bruteig) Subject Property: Township 6 North. Range 66 West 6th P.M.. Weld County. CO Section 19: Lot B of Recorded Exemption No. 0805-19-1-3006, being part of the NE% Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through January 18, 2006. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 2"'day of February, 2006. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Sylvia Joyce Doke 6239 Ashcroft Rd. Phillip C. & Barbara Tigges Greeley, CO 80634 33723 WCR 27 Greeley, CO 80631 Janice LaVonne Hirschfield 2122 24th Street Leland E. Tigges Greeley, CO 80631 1315 Embassy Ct. Monument, CO 80132 Kathleen Mary Sanders 4250 W. 16th Street, No. 20 Leland and Ruth Tigges as Trustees of Greeley, CO 80634 Leland and Ruth Tigges Family Trust 1315 Embassy Ct. John R. McEntee, Tonya Brigham- Monument, CO 80132 McEntee, Anthony R. Brigham and Katina Martin-Brigham Patricia A. Shader 2707 Granada Dr. 2332 Binford Loveland, CO 80538 Laramie, WY 82070 Crews Z n" LLC Minem[Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 3 gaa(970)351-0867 Mineral Leasehold Owners Petro-Canada Resources (USA) Inc. 1099 18th Street, Suite 400 Denver, CO 80202 Crews Za gLW Minera(Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 3 Fax(970)351-0867 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews Zara LW Mineral Title Services P.O. Box336337 (970)351-0733 Greeley,CO 80633-0606 Page 3 of 3 Feat(970)351-0867 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel:080519100002 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,httpd/www.co.weld.co.us,and has not been modified m the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application su mission date Olio -0- 6 Date Property Owners Within 500 ft. of Parcel# 080519100002 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# 12902 HWY 392 AMEN HENRY&LAVONNA 080519100040 GREELEY,CO 80634 32791 COUNTY RD 27 HECKLE DANIEL W& 080519100001 GREELEY,CO 80634 12437 HWY 392 BEST VIVIAN L& 080518000036 GREELEY,CO 80631-9313 5412E COUNTY RD 32E COOK VAUGHN(1/3 INT)& 080518400056 FT COLLINS,CO 80528 PO BOX 554 DIMITY DAVE A&LINDA K L 080519000059 WINDSOR,CO 80550 12435 HWY 392 FEATHER ROBERTA JOAN& 080518000045 GREELEY,CO 80631 1220 11 AVE STE 201 HALL BILL& 080519000056 GREELEY,CO 80631 12937 HWY 392 LEISY ROBERT L&DIANE C 080518000054 GREELEY,CO 80631 12669 COUNTY RD 66 PODTBURG RICHARD&PHYLLIS& 080519000049 GREELEY,CO 80631 32560 WELD CO RD 27 STREHLOW EDWARD N&ELIZABETH M 080519000032 GREELEY,CO 80631 32550 COUNTY RD 27 STRICKLIN JOE B& 080519100041 GREELEY,CO 80631 1730 WATERFORD LN THAYER LARRY&ELLEN 080519000053 FORT COLLINS,CO 80525 32706 WELD CO RD 27 WIGHAM WILLIAM D&LINDA K 080519000037 GREELEY,CO 80631 32500 WELD CO RD 27 WILLCUTTS PATRICIA L 080519000030 GREELEY,CO 80631 41p9 +�, 3e •... 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I t- _,� ...rip:—�cRws�' _ t00Af'.. . _ Report Date: 01/11/2006 12:14PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R3301405 ASSESSED TO: MCENTEE JOHN R& 2707 GRANADA DR LOVELAND, CO 80538 LEGAL DESCRIPTION: PT NE4 19-6-66 LOT B AMD REC EXEMPT AMRE-3006 (.95R2.67D) PARCEL: 080519100002 SITUS ADD: 32791 27 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 924.32 0.00 0.00 0.00 924.32 TOTAL TAXES 924.32 GRAND TOTAL DUE GOOD THROUGH 01/11/2006 924.32 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 199.58 AGRICULTUR 28,245 8,190 SCHOOL DIST RE4 48.735 543.39 AGRICULTUR 10,198 2,960 NCW WATER 1.000 11.15 NWC WATER 0.000 0.00 TOTAL 38,443 11,150 WINDSOR SEVER FIRE 4.944 55.13 AIMS JUNIOR COL 6.357 70.88 WINDSOR LIBRARY 3.546 39.54 WEST GREELEY CONSERVATION 0.417 4.65 TAXES FOR 2005 82.899 924.32 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS 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 q / Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes r Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: [V � ( Date: / - //-_ V lU TheCO B�T April 3, 2006 Weld County Planning Commission Loveland, Colorado To Whom It May Concern: The purpose of this letter is to inform you that Sierra Bravo Partnership of Liberal, Kansas has sufficient resources to fund an investment totaling $309,000 for the Sierra Acres P.U.D. Should you require additional supporting information, please do not hesitate to contact me. \Sincerely, Mark J. Schep rs Presiders O The Community Bank PO. Box 3065 • 2320 N. Kansas • Liberal, Kansas 67901 • 620-624-6898 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of ,20_,by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called "County.@ and AIBhlliinterprises. LL.('. 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: .Sierra Acres P.(LI) a Planned Unit Development(P(II)) located in the Northeast Quarter(NE '')n/Section 19. Munchtp 6 North (L_6N.). Range 68 West (R.68W). Sixth Principal Meridian. Weld('ounti. ('olorada WHEREAS,a fmal Subdivision/Planned Unit Development(PUD)Plat of said property,to be known as Sierra Acres P.(I,D. 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 Improvements Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan, which improvements,along with a time schedule for completion,are listed in Exhibits A and B of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit A, which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. Page 1 of 14 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of- way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit A,which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit B also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the 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 B. The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit B upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit,action or claim whether the liability,loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise Page 2 of 14 except for the liability,loss,or damage arising flour the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider,applicant,or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision, or Planned Unit Development, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider,applicant,or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider,applicant,or owner shall reimburse the original subdivider, applicant,or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider,applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision,Resubdivision,or Planned Unit Development Final Plat. Page 3 of 14 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County,is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers,applicants,or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit B, but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit B,and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all teens 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 the streets and recommend that Page 4 of 14 the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall, upon request by the applicant,inspect the subject streets,and notify the applicant(s)of any deficiencies. The County Engineer 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 shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development,the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one (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 Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits A and B. The costs of the improvements described in Exhibit A will be adjusted higher or lower for 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 Page 5 of 14 News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to fmal approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent (100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits A and B. 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One- Hundred percent(100%)of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the fmal filicen 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: Page 6 of 14 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%) of the amount specified 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 fmancial 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 the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: Page 7 of 14 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built"plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 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 acceptance of the streets for partial maintenance 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 acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant 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 plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. Page 8 of 14 10.2 The required acreage,as determined by relevant Sections oft the Weld County Code may be reserved though deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the 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. 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 Page 9 of 14 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 Page 10 of 14 EXHIBIT A Name of Subdivision or Planned Unit Development: .Sierra Acres P.('.1). Filing: Location: .S'I4'owner(lithe intersection of Weld('nuns}'Road 27 and Slate Highwa)'392 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading 10,000 CY 5.50 $55.000.00_ Street grading(SIT SITE(;I{.dl)L\(;) - Street base(l\('L. .VP)! 1.1)F_R.ti') 60400 SF 0.60 36,240.00 Street paving 46440 SF 2.00 92.880.00 Curbs.gutters.and culverts S;&',a11. (F.1IER(;L.A('I .1('('f:.ti'.ti'RO.II)) 18410 SF 0.70 12,887.00 Storm sewer facilities Detention ponds(SEE SITE(;IL 1 L)1\(;) Ditch Improvements (1(O.11 II).ti'I111:) 2195 LF 2.25 4.950.00 Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply aid storage Water Mains(includes bore))('__x x PVC') 2865 LF 38.00 108.870.00 _ Fire hydrants 3 EA 2250.00 6.750.00 Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping LS 1,455 Park improvements Road culvert 15-Pt'I'A I s.. ++ I f..\ct r)pn 1p) 141 LF 90.00 12.690.00 brass lined Swale' ' e ' ).V('. I-PAN/ 650 LF 14.00 9.100.00 Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs$ s.i (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 $ 347.367 Page 11 of 14 The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B. By: Applicant Applicant Date: ,20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Page 12 of 14 EXHIBIT B Name of Subdivision or Planned Unit Development: Sierra Acres I'.U,1 t. Filing: Location: SW corner of the intersection of Weld('ounh.Road 27 and State HiL=hLrcn.392 All improvements shall be completed within one (I)vear(s)from the date of approval of the fmal plat. Construction of the improvements listed in Exhibit A shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Summer,2006 Street grading Summer,2006 Street base Summer,2006 Street paving Summer.,2006 Curbs,gutters,and culvert Sidewalk Storm sewer facilities Detention ponds Summer,2006 Ditch improvements Summer,2006 Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Summer,2006 Fire hydrants Summer,2006 Survey and street monuments and boxes Street lighting Street name signs Summer,2006 Fencing requirements Landscaping Summer,2006 Park improvements Road culverts Summer,2006 Grass lined swale Summer,2006 Telephone Summer,2006 Gas Summer,2006 Electric Summer,2006 Water transfer SUB-TOTAL: Page 13 of 14 The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant Date: ,20 Tide (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Page 14 of 14 Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado DECLARATION OF PROTECTIVE COVENANTS OF SIERRA ACRES SUBDIVISION WELD COUNTY,COLORADO RECITALS: 1. Declarant is the owner in fee of all the lands according to and identified in the recorded Final Plat subdivision,located in a portion of Weld County,Colorado. Such development and lands being sometimes referred to hereafter as"Property"known as lots 1 -9,and Outlots 1 —4. 2. It is the intention and desire of the Declarant to set forth this Declaration of Protective Covenants in order to promote the harmonious and attractive development of the Property for health,comfort,safety, convenience,and general welfare of the present and subsequent Owners of the Property and each portion thereof. NOW THEREFORE,Declarant hereby declares that the property is subject to the following protective covenants which shall run with the land for the benefit of and be binding upon each present and subsequent Owner of any right,title or interest in any portion of the Property and their respective heirs,grantees,successors, representatives,and assigns. DEFINITION OF TERMS As used in this Declaration,the following terms shall have the meaning indicated: Architectural Control Committee.The committee described in Article II of this Declaration. Articles of Incorporation.The Articles of Incorporation of the Association as the same may be amended from time to time. Association.A Colorado nonprofit corporation formed or to be formed by Declarant,the members of which shall be all of the several Owners of the Lots within the Property. Board.The duly elected Board of Directors of the Association. Bylaws.The duly adopted Bylaws of the Association as the same may be amended from time to time. Colorado Common Interest Ownership Act.The Colorado statutes known as the"Colorado Common Interest Ownership Act",which is now codified as Article 3.3 of Title 38,Colorado Revised Statutes,as may from time to time hereafter be amended. Common Elements.The Common Elements are:The roads identified on the Plat as Bravo Point;emergency access easement on Outlots 1 -4;and any addition to the Common Elements that may hereafter be made. Dealer.Means a person in the business of constructing homes or selling Lots for such person's own account. Declarant. The Owner of Property whose signature is affixed to this Declaration,and any successor of assign to Declarant's Rights hereunder with respect to Declarant Control. Declarant Control.Rights reserved to the Declarant to control the Association,and the Architectural Control Committee. Declarant's and Dealer's Facilities.Facilities as in the sole opinion of the Declarant may be reasonably required,convenient,or incidental to the construction,management and sale of the Lots and residences thereon by Declarant or Dealers, including but not limited to,business offices,storage areas,construction yards,model homes, signs,and sales offices. Declarant's Rights.Rights reserved to the Declarant by this Declaration. Declaration.This Declaration as amended,changed,or modified from time to time. - 1 - Protective Covenants for Sierra Acres Subdivision,Weld County, Colorado Dwelling.Means and refers to a single-family residential dwelling constructed on a Lot. Improvement.Means and refers to any dwelling,outbuildings,shed,garage,fence,wall,pad,driveway, walkway,parking area,curb,clothesline,berm,deck,patio or other structure or improvement of any kind. Owner.The record fee Owner,or Owners if more than one of a Lot,including Declarant so long as Declarant owns any Lot.Owner shall include the seller of a Lot under any execuitory contract for sale or installment sale contract.Owner shall not include any person holding a mineral interest or holding an interest solely as security for satisfaction of an obligation. Plat. The Final Plat of Sierra Acres Subdivision,County of Weld,State of Colorado as recorded in the records of the Weld County Clerk and Recorder. If additional lands are hereafter added to the Property,the term shall also include the plat(s)of such additional lands. Property.All of the real Property shown on the Plat,and any other real property hereafter. Purchaser.Purchaser means a person,other that a Declarant or a Dealer who by means of a transfer acquires a legal of equitable interest as an Owner in a Lot,other that:(a)a leasehold interest in a Lot of less that forty(40) years,including renewal options,with the period of the leasehold interest, including renewal options,being measured from the date of the initial term commences;or(b)a security interest. Single-Family.Means and refers to an individual,or a group of persons related by blood or marriage,a group of not more than three persons who are not all related to each other by blood or marriage living together. Successor. When used in connection with the Declarant,means one or more persons(other than a purchaser)who have been assigned or otherwise succeeded to all or a portion of Declarant's Rights.Whether or not specifically so stated,any right exercisable by Declarant shall also be exercisable by a Successor to whom Declarant has assigned such right. ARTICLE I LAND USE CONTROL 1.00 Land Use And Building Type. Except as may be expressly provided otherwise in this Declaration, Lots 1 -9 shall be used except for single-family residential purposes and for any home occupation which is in compliance with this Article 1 and is permitted by applicable zoning regulations.Except for Declarant's Facilities or Dealers'Facilities approved by Declarant,no building,other than approved out buildings,shall be erected,altered, placed or permitted to remain on any Lot other than 1 detached single-family dwelling and a private attached garage. In addition,one Auxiliary Quarter as defined in Section 1.25 herein may occur. In addition,the Architectural Control Committee may approve placement of out buildings on Lots 1 -9 in accordance with paragraph 1.04 below, if the Committee finds that such structure is compatible with the harmonious and attractive appearance of the Lot and is of satisfactory design and quality. Agricultural buildings may be constructed and placed on Outlots 1 and 3. The placement of a mail box kiosk and a school shelter shall be permitted on Outlots 2 and 4. A subdivision sign shall be placed in the island entry. Notwithstanding any provisions herein contained to the contrary,it shall be expressly permissible for the Declarant and its builders,agents,employee's,successors and assigns to maintain Declarants Facilities,and for Declarant to authorize Dealers'to maintain Dealers'Facilities,on the Property during the period of construction and sale of the Lots. 1.01 Architectural Control Committee Approval Required.Except for Declarant's Facilities or Dealers' Facilities Approved by Declarant,no improvements shall be erected,placed,maintained,or altered on any Lot unless they are in compliance with this Declaration and all required plans and specifications related thereto have been first submitted to and approved by Architectural Control Committee in accordance with the provisions of the Article II. All dwellings and other buildings should have finished exteriors and roofs of a type and of a material and slope approved by the Architectural Control Committee. - 2 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado It is the intent of this Declaration to allow the Architectural Control Committee to exercise full discretion in the approval and denial of any capitalized improvement as to create a development that compliments the character of the Property,and to foster compatible designs,which are harmonious with the development of the Property. Therefore,in addition to,and notwithstanding,the other provisions of this Article I,and those set forth in Article II, the Architectural Control Committee,shall have the absolute and unfettered authority and discretion to approve or deny any Improvements so as to provide,in the view of the Architectural Control Committee,the best use and the most appropriate development and Improvement of each Lot so as to protect the Owners of building sights and against inappropriate use of surrounding Lots as will depreciate the value of the Lots;to guard against the erection of poorly designed structures and structures built of improper or unsuitable materials;to obtain harmonious color schemes;to provide the highest and best development of said Property;to encourage and secure the erection of attractive homes and other permitted structures thereon,with appropriate locations thereof on Lots;to prevent haphazard and inharmonious improvements of Lots;to secure and maintain proper setbacks and in general to provide adequately for an appropriate type and quality of Improvements on said Lots and thereby enhance the value of Improvements on the Lots.In furtherance of these powers,the Agricultural Control Committee may,but is not required to,adopt from time to time,guidelines for development,including,but not limited too,construction materials,exterior finishes and colon, landscapes and fence design and materials,exterior lighting and ornaments, and architectural style;and may amend,revoke,and modify in whole or in part all or any part thereof from time to time. 1.02 Dwelling Quality and Size.Unless specifically otherwise approved by the Architectural Control Committee,dwellings must be built on-site and no prefabricated,or off-site manufactured,or previously built,or modular home shall be permitted upon any Lot.A dwelling may include as a part thereof a private garage integrated into the structure capable of housing no less than three(3)passenger cars.The Architectural Control Committee may approve a detached garage as an outbuilding on a Lot.The Architectural Control Committee is vested with the authority to adopt from time to time minimum and maximum permissible area of dwellings and the apportionment of area between the first floor and other floors or basement areas;provided that in no event shall the first floor of a single story dwelling have less than 1,700 square feet of living space,and a multi-story dwelling shall have no less than 2,400 square feet of living space.The Determination of what constitutes living space within a dwelling for such area calculations shall be within the sole discretion of the Architectural Control Committee. The Architectural Control Committee shall be vested with a sole determination as to what constitutes the first floor of a dwelling and what constitutes a story and basement for purposes of this Article 1,and such determination with regard to any proposed dwelling shall be final and binding upon the Owner. For purposes of this Section,unless a different standard is adopted by the Architectural Control Committee,the square footage of finished living area shall be calculated by the exterior measurement of living area only,excluding basement and garden level areas,(whether or not there is a basement or garden level walkout)and attic area,garage,porches,balconies,decks,lofts,patios,and open spaces. 1.03 Outbuildings.All outbuildings are subject to the prior approval of the Architectural Control Committee in accordance with the provisions of this Declaration.In addition to a single-family dwelling,the Architectural Control Committee may,but is not required to,approve the following outbuildings for a Lot; 1.03.1 Detached Buildings.If approved by the Architectural Control Committee,each Lot may have:(i) one(1)detached utility outbuilding which,unless otherwise approved by the Architectural Control Committee,shall not exceed 1,000 square feet and a height not to exceed eighteen(18)feet at the roof peak which may be used for storage or other use permitted by this Declaration;and(ii)one structure such as a gazebo,pool house,or hot tub enclosure;(iii)a detached garage;and,(iv)a barn or loafing shed not to exceed 2,000 feet and a height not to exceed twenty-six(26)feet at the peak. The approval or denial of any such buildings, including the number,size,location, design,materials,grade and landscaping shall remain within the discretion of the Architectural Control Committee. 1.04 Building Location.Except for fences approved by the Architectural Control Committee,no building or other structure shall be placed in any area shown on the Plat as an easement or outside setback areas. Except for Declarant's Facilities and fences approved by the Architectural Control Committee,all structures located on any Lot shall not be within the setback area. An additional setback area for Lots 3,4 and 5 is illustrated upon the Plat. 1.05. Easements.Easements for installation and maintenance of utilities and various other purposes are reserved as shown on the Plat.Within these easements no structures,planting,or other material,other than any - 3 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado fencing or landscaping approved by the Architectural Control Committee,shall be placed or permitted to remain. Any such fences and landscaping are subject to removal or damage as may occur in the course of use of such easements for the purposes identified,and the Owner of each Lot accepts the risk of such removal and damage. The surface of the easements area of each Lots and all landscaping and improvements on it shall be maintained continuously by the Owner of the Lot. 1.06 Time for Construction and Repair. The construction of a Dwelling, structure,landscaping,or other Improvements approved by the Architectural Control Committee,shall commence within six(6)months of approval of the plans by the Architectural Control Committee and Owner shall diligently proceed with construction. The improvement shall be fully completed within twelve(12)months after the date of Commencement of the Construction. The Architectural Control Committee may grant extension of this foregoing time period upon a showing by Owner of good cause,as determined in the sole discretion of the Architectural Control Committee. In the event any structure is destroyed either wholly or partially by fire or other casualty,all debris and remaining portions of the structure shall be promptly removed from the lot,and the structure shall be promptly rebuilt or remodeled to conform to this Declaration.All repairs and or reconstruction of dwelling,fence,or other structures or other Improvements,whether due to wear and tear or other causes shall be subject to and in accordance with the covenants herein,and repair and reconstruction thereof shall be completed no later than one(1)year from the date of damage. If required by the Architectural Control Committee,the Owner of a Lot upon which construction,or repair or reconstruction,of any dwelling,structure or other Improvements,is to be performed shall deliver to the association a deposit("the Deposit")in an amount to be determined by the Architectural Control Committee from time to time. The Deposit shall be returned to the Owner within thirty(30)days after the Improvement has been timely completed in conformity with the approved plans and specifications,and all debris has been removed from the Lot,then the Association shall have the right,but not the obligation,to enter upon the Lot if it deems appropriate and complete the Improvements in conformity with the approved plans and specifications and remove debris and deduct the cost thereof from the Deposit,and to apply the balance of the Deposit,if any,shall be returned to the Owner within thirty (30)days following attainment of compliance.If the Deposit is not sufficient to cover the costs of completing the Improvements or removing the debris or the costs and expenses of enforcement of this Declaration due to Owner's breach,the amounts not so satisfied by the Deposit shall be recoverable as a special assessment against the owner and the Lot. 1.07 Nuisance. Each Lot shall at all times be maintained in a clean and tidy condition and shall not be used for any purpose or storage of anything that will cause such Lot to appear in an unclean or unsightly condition. No Lot shall be used in such a manner as to obstruct or interfere with the enjoyment of other Lots,or annoy them by unreasonable traffic,noises,lights,odors,or otherwise,nor shall any nuisance or illegal activity be committed or permitted to occur on any Lot.No exterior horn,whistle,bell,or other sound devices except security devices used exclusively to protect the security of the Lot and the Owners or occupants thereof shall be placed or used on any part of the Lot.All power and motorized equipment, including mowers,snow blowers,tractors,and any other motorized equipment used on any Lot must be properly equipped with mufflers so as to reduce to the degree practicable the noise operation.Any power equipment used on a Lot shall be housed within the garage or a building,if any, approved for such use by the Architectural Control Committee,and doors and windows shall be closed to minimize to the greatest extent possible the noise of operation. 1.08 Animals. Except for the specific provisions below regarding the keeping of household pets and large animals,no animals will be kept on any Lot. 1.08.1 Household Pets. Household pets such as dogs,cats,and such other household pets which may be specifically approved from time to time by the Architectural Control Committee hereafter,may be kept on a Lot, provided that,unless otherwise authorized by the Architectural Control Committee,no more than a total of six(6) such household pets,and then offspring may be kept on any Lot,and further provided that,notwithstanding the foregoing, in no event shall more than three(3)adult dogs or three(3)adult cats be kept on any Lot. Household Pets include nonvenomous species of reptile,any domestic dog,domestic cat,rodent,or bird over the age of six(6) months. A household pet shall not include members of the order crocodilian(e.g.crocodiles,alligators,etc.), large primates,including gorillas,orangutans,baboons,chimpanzees,members of the class Ayes,order falcons(e.g. hawks,eagles,vultures,etc.);and animals defined as I arge Animals. No such household pets may be kept,bred,or maintained for any commercial purposes and the manner of keeping such animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Lots. The Architectural Control Committee may adopt from time to time such rules and regulations as it deems appropriate regarding the type, -4 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado quantity and requirements for keeping such household pets on any Lot. My decision by the Architectural Control Committee regarding the type and number of animals which may be kept upon any Lot,shall not be effective unless and until it has been reduced to writing.My such decision may be later rescinded or modified by the Architectural Control Committee,and any owner affected by such recession or modification shall have a reasonable time,not to exceed forty-five(45)days,to comply with such recession or modification.Household pets shall be properly housed and penned or fenced in enclosures approved by the Architectural Control Committee to confine them to the Lot and shall not be allowed to roam.The Architectural Control Committee shall not approve the keeping of any rabbits, ducks,chickens,turkey,poultry or swine on a Lot. 1.08.2 Large Animals—Management Plan. Large animals(as defined in this paragraph 1.08.2)may be kept on a Lot subject to the terms of this paragraph 1.08.2.Subject to the prior approval of the Architectural Control Committee,two large animal units may be kept on each Lot.A large animal unit is one horse or 6 llama/alpaca, or any combination of the two; or one of any animal hereafter designated and approved from time to time hereafter by the Architectural Control Committee as a permissible large animal.No such large animals may be kept,bred,or maintained for any commercial purposes and the manner of keeping such animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Lots.The Architectural Control Committee may adopt from time to time such land management plans and rules and regulations as it deems appropriate regarding the type, quantity, and requirements for keeping such large animals on any Lot,and in doing so may take into consideration the vegetation and type of irrigation available, the carrying capacity of the Lot,the type and necessity of shelter for the animals, the manner in which the owner has maintained the vegetation cover and control of the weeds on the Lot, erosion and dust control measures,manure handling measures,and such other considerations as the Architectural Control Committee may from time to time deem germane.My decision by the Architectural Control Committee regarding the type and number of animals which may be kept upon any Lot, shall not be effective unless and until it has been reduced to writing. Any such decision may be later rescinded or modified by the Architectural Control Committee,and any Owner affected by such recession or modification shall have a reasonable time,not to exceed forty-five (45)days, to comply with such recession or modification. All animals shall be properly housed and penned or fenced in enclosures approved by the Architectural Control Committee to confine them to the Lot and shall not be allowed to roam. The Architectural Control Committee shall not approve the keeping of any cattle,rabbits,ducks,chickens,turkeys,poultry or swine on a Lot. 1.08.2.1 Each homeowner shall supply the Architecture Control Committee with a lot management plan to include management of dust,flies,manure,vegetation,and waste management for approval prior to placement of the animal unit upon the lot. 1.08.3 Nuisance Animals. In the event that any dog,cat or other animal which is allowed to be kept on any Lot becomes a nuisance due to excessive noise or other behavior or conditions,an Owner may file a complaint with the Association,which complaint shall be forwarded to the Owner of the Lot upon which the nuisance animal is located.The Board may establish from time to time procedures for handling such complaints,and if the complaining party is not satisfied with the outcome at completion of the Board established procedure,the complaining party may request the Association to direct the Owner of the Lot to take specific remedial action;in which event,by a majority vote of the Board of the Association,the Board may direct an Owner to take specific remedial action to be completed within a reasonable time as the Association deems proper,and at the expiration of such time provided for remedial action,the Association shall have the right to require the Owner to remove the nuisance animal if by a vote of the Board,it is determined that the situation has not been properly corrected. 1.08.3.1 Barking Dogs. It is recognized that barking or howling dogs may be a primary source of nuisance,and notwithstanding the foregoing,the provisions of this paragraph 1.08.3.1 shall apply to complaints regarding noisy dogs.My dog which has barked and/or howled continuously for a period in excess of 10 minutes between the hours of 9:00 p.m.and 7:00 a.m.,or in excess of 20 minutes between the hours of 7:00 a.m.and 9:00 p.m.,shall be deemed to be a nuisance animal if such noise is audible at the boundary of the Lot upon which the animal is kept.If a Lot Owner has been given two written notices of violation of this paragraph 1.08.3.1 within any twelve month period,upon the third such violation within any 12 month period the Owner shall be required to either remove the dog from the Lot or keep the dog in a completely enclosed structure on the Lot from which such noise shall not be audible at the boundary of the Lot. - 5 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado 1.9 Commercial Uses. Other than the activities of Declarant and Dealers,no Lot shall be used for any business,trade,or commercial use,except such home occupations as are otherwise in compliance with this Declaration and permissible under the zoning regulations which from time to time are in effect.Any such home occupation must meet any policy or decision adopted by the Architectural Control Committee regarding home occupation,must be fully carried out within the dwelling unit on the Lot,and may not be conducted in such fashion as to constitute a nuisance or violate any provision of this Declaration.My such decision or policy adopted by the Architectural Control Committee may be later rescinded or modified by the committee,and any Lot Owner affected by such recession or modification shall have a reasonable time,not to exceed forty-five(45)days,within which to comply with such recession or modification.Notwithstanding the foregoing, Lot I may be used for equestrian activities,including but not necessarily limited to,boarding and training of horses,providing training to persons in equestrian skills,conducting classes,competitions and demonstrations in equestrian related matters and growing feed and crops.Lot 1 shall not be used as a Feed Lot or for a hog or poultry operation or any other Confined Animal Operation. . 1.10 Maintenance Of Lots and Improvements. Owners of Lots shall keep or cause to be kept all buildings,fences,structures,landscaping,and other improvements in good repair.Rubbish,refuse,trash,litter, lumber,junk,boxes,bottles,cans,garbage,and other solid,semi-solid,and liquid waste shall be kept within sealed sanitary containers,shall not be allowed to accumulate,and shall be disposed of in a sanitary manner.All such containers shall be maintained in a good,clean condition and no such containers shall be store outside unless the Architectural Control Committee first approves appropriate screening,and each Lot Owner shall arrange for the removal,no less than weekly,of all such waste.No lumber or other building materials shall be stored or permitted to remain on any Lot unless screened from view in a manner approved by the Architectural Control Committee,except for those materials reasonably necessary to be stored on the Lot during construction of Improvements. 1.10.1 Landscaping Area. A minimum of 5,000 square feet of Lots 1 -9 shall be landscaped in living plant material,including a minimum of 30'from each side of the residential structure. 1.11 Signs. No sign of any kind shall be displayed to the public view on any Lot except signs erected by Declarant to identify the Property,except: (i)One sign of not more than five(5)square feet advertising the Lot for sale or for rent;(ii)signs used by Declarant or those of Dealers or a builder approved by a Declarant to advertise the Property of Lot(s)during the construction in sales period;and(iii)such other signs as the Architectural Control Committee may,from time to time approve. 1.12 Fences. Except those installed by Declarant,no fence,wall,hedge or other plantings which will act as a screen or divider shall be installed or maintained without first being approved by the Architectural Control Committee.The acceptable height,style,material,design and color of fencing shall be as the Architectural Control Committee may from time-to-time determine.All fences,walls,hedges,and plantings adjacent to public roads shall be in compliance with any applicable sight line requirements established by the governmental authority having jurisdiction.All fences,walls,hedges,and shrub plantings shall be maintained in a clean,neat,and orderly condition at all times.In the exercise of its discretion,the Architectural Control Committee may require fencing on any Lot. 1.12.1 The western boundary of the property shall be fenced prior the sale of any lots. Fencing shall be installed by the developer and maintained by the individual lot owner. This fencing and any additional fencing of the Subdivision perimeter shall be a three-strand,double stay barb- wire fence. The lowest strand shall not be lower than 18 inches measured from the ground. The highest strand shall not be higher than 38 inches measured from the ground. Side lot lines may be fenced in this material at the individual homeowner's expense. 1.12.2 Each individual homeowner shall have the option of fencing their entire property perimeter with a white vinyl three-rail fence as approved by the Architectural Control Committee. Mesh wire such as Hog Wire may be used as an attachment to this particular fence for greater containment security. 1.13 Vehicles. Except those of Declarant or while reasonably necessary during construction of Improvement,no bus,large commercial or construction type vehicles(including by way of example and not in limitation,dump truck,cement mixer truck,oil or gas truck,delivery truck,backhoe,bulldozer,or semi-tractor or - 6 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado trailer)shall be parked on the streets of the Property and shall not be parked,stored,or kept on any Lot,unless specifically approved by the Architectural Control Committee and on slabs and inside structures or behind screening approved by the Architectural Control Committee,or in accordance with any policies hereafter adopted by the Architectural Control Committee from time-to-time.Recreational vehicles,utility or recreational trailers of horse trailers,boats and boat trailers,or recreational or other equipment("Accessory Vehicle")shall not be parked on the street,and shall not be stored on any lot unless on slabs or inside structures or behind screening approved by the Architectural Control Committee,or in accordance with any policies hereafter adopted by the Architectural Control Committee from time to time regarding such storage,and unless otherwise approved by the Architectural Control Committee,no more than three(3)Accessory Vehicles shall be kept on any Lot.The Architectural Control Committee can at any time modify or rescind its policies regarding such storage and any Lot Owner shall comply with such recessions or modifications within forty-five(45)days of notice from the Architectural Control Committee of the change in policy.No junk or inoperative vehicles shall be stored or permitted to remain on any Lot unless within fully enclosed garages.For purposes of this provision,any unlicensed vehicle,or any disassembled or partially disassembled car,truck,or other vehicle,or any vehicle which has not been moved under its own power for more than one(1)week,shall be considered an inoperable vehicle.No work of automobile repair or maintenance shall be performed except such work as is performed by the occupant of such lot upon the occupant's vehicles and all such work shall be performed within the confines of an Owners garage. 1.14 Fires and Firearms. There shall be no exterior fires permitted on any Lot except barbeque fires contained within receptacles specifically designed for such purposes.No Owner shall permit any conditions on his Lot,which create a fire hazard or are in violation of fire prevention regulations.No Firearm shall be discharged within or on any Lot. 1.15 Towers,Masts,Antennas,Solar Panels.Mechanical Units,and Satellite Dishes. No devices for transmission or reception or microwave,optical,radio,television,or other communication signals,including by way of example and not in limitation,antennas,masts,towers;and no heating,ventilating,or air conditioning units,solar panels,or other similar objects,shall be placed on the roof or exterior of any building or otherwise on a Lot,unless first approved by the Architectural Control Committee.Unless otherwise committed by the Architectural Control Committee,all such approved facilities shall be appropriately screened,or architecturally integrated into and fully contained within the roof or exterior of dwellings and shall not significantly project from the surrounding surfaces. The allowance of and the placement of all such units is,to the fullest extent possible by law,restricted to the sole discretion of the Architectural Control Committee. 1.16 Storage of Dangerous Materials. No underground or above ground storage tanks of any character shall be allowed on any Lot.No gasoline,paint or any other toxic,hazardous or inflammable material shall be stored on any Lot in quantities in excess of 15 gallons,unless written approval thereof is obtained from the Architectural Control Committee and such storage in compliance with all applicable safety standards and regulations. 1.17 Maintenance of Easements and Landscaping. The Owner of each Lot shall be responsible for at all times properly maintaining the landscaping and to control and eradicate weeds on such Lot, including without limitation,all utility and other easements.If the Owner of any Lot shall fail to so maintain such areas of their respective Lots,the Association shall be empowered but is not required to enter onto such Lots and undertake such steps as necessary to maintain or restore the same,and the cost thereof shall be charged against the Owner of the respective Lot and shall be recoverable as a special assessment against the Owner and the Lot.Each Lot shall be required to have established ground cover of a type approved by the Architectural Control Committee within such times as may from time to time be set forth in the applicable governmental ordinance,and/or guidelines adopted by the Architectural Control Committee,whichever requires the earliest installation;provided,that,if no such ordinance or guidelines are adopted or in effect,each Lot shall have the front yard established in approved ground cover and plant materials within nine(9)months of issuance of a certificate of occupancy for the dwelling.For good cause,the Architectural Control Committee may approve an extension of such time period. In the case a residential structure is more than 90%completed but remains unsold,the builder shall be required to landscape the front yard within nine (9)months of attaining this 90%completion status. 1.18 No Subdivision of Lots. Lots 1 —9 shall not be further subdivided. The future subdivision and use of Outlots I and 3 shall be at the discretion of the Declarants. 1.19 Drainage and Soil Conditions. - 7 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado 1.19.1 Soil Conditions. Many soils within the state of Colorado consist of both expansive soils and low-density soils which may adversely affect structures if the structure is not properly designed and maintained and appropriate drainage provided and maintained.The soils may swell and shrink. Engineered foundations for all construction on the Property are recommended.Soils may also contain substances producing radon gas. Radon mitigation is the responsibility of the individual owner of such Lot. 1.19.2 Action by Owner. The Owner of each Lot agrees to obtain plans and specifications from a qualified engineer for the foundation of any structures,and for grading and other methods to control water flow on and across the Lot in compliance with any grading and drainage plan for the Property approved by the County of Weld. Each Owner of any Lot is required to comply with the recommendations of such engineer and to at all times take appropriate action to not impede or hinder waters falling upon or flowing across the Lot in the manner intended by the applicable grading and drainage plans and recommendations for the entire Lot and the grading and any drainage plan approved by the County of Weld for the entire Property. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the dwelling construction thereon remains stable and shall not introduce excessive waters into the soils. Each Owner of a Lot covenants and agrees,among other things: (A) Not to install Improvements,including,but not limited to, landscaping, items related to landscaping,walls,walks,driveways,parking pads,patios,fences,additions to the dwelling, outbuildings,or any other items or Improvements which will change the grading of the Lot. (B) To fill with additional soil any back-filled areas adjacent to the foundation of the dwelling and in or about the utility trenches on the Lot in which setting occurs to the extent necessary from time to time to maintain the grading and drainage patterns of the Lot (C) Not to water the lawns or other landscaping on the Lot excessively. (D) Not to plant flower beds(especially annuals)and vegetable gardens adjacent to or within three(3)feet of the foundation and slabs of the dwelling. (E) If evergreen shrubbery and grass is used within five(5)feet of the foundation walls,to water the shrubbery and grass by controlled hand watering and to avoid excessive watering. (F) To minimize or eliminate the installation of piping and heads for sprinkler systems within five(5)feet of foundation walls and slabs. (G) To install any gravel beds in a manner which will assure that water will not pond in the gravel areas,whether due to non perforated edging or due to installation of the base of the gravel bed at a level lower than the adjacent law. (H) To install moisture barrier(such as polyethylene)under any gravel beds. (I) To maintain the gutters and down spouts which discharge water into extensions or splash blocks by assuring that(i)the gutters and down spouts remain free and clear of all obstructions and debris;(ii)the water that flows from the extension or the splash block is allowed to flow rapidly away from the foundation and/or slabs;and(iii)the splash blocks are maintained under sill cocks. (J) To re-caulk construction joints opening up between portions of the exterior slabs and garage slabs in order to thereby seal out moisture. 1.19.3 Declarant Not Liable. The Declarant shall not be liable for any loss or damage arising from or in any way connected with soil conditions on any Lot,including by way of example and not in limitation,radon gas,expansive - 8 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado or shrinking soils,subsurface water conditions or the flow of waters on,across,through or under any Lot. 1.20 Driveways and Parking Areas. Appropriately surfaced private driveways and parking areas are required. Materials approved by the Architectural Control Committee shall be used for such surfacing. Except for those installed by Declarant,no driveways,parking pad,patio,or other graveled,or hard surfaced area shall be placed on any Lot,or altered,unless first approved by the Architectural Control Committee. 1.21 Exterior Lighting and Utilities. No street lights shall be placed within the Property.Exterior lighting shall be designed so as not to unreasonably interfere with the use and enjoyment of other Lots. All exterior lighting shall be subject to approval by the Architectural Control Committee and shall be designed and located so as to be compatible with and integrated into the structure on any Lot and the character of the development of the Property. The Architectural Control Committee shall have full discretion to approve and deny exterior lighting to minimize impact on adjacent Lots in the Property and minimize the impact of exterior lighting on viewing the night sky and avoiding the appearance of a brightly lit complex. Unless previously approved in writing by the Architectural Control Committee,no Owner shall install mercury vapor or sodium or high-wattage incandescent or similar type of bright,broad-area or flood or spot lighting on a Lot,and no Owner shall allow exterior lighting to be on continuously or during significant portions of the evening hours other than low wattage porch, patio, walkway or other similar lighting which has been specifically approved for the Lot for that purpose by the Architectural Control Committee. All electric,telephone,and other utility lines are to be placed underground. Each Lot Owner is responsible for design,approved by health officials,construction and maintenance of adequate individual septic system, the location of which are subject to the prior approval of the Architectural Control Committee. Each dwelling shall have an operating garbage disposal unit connected to the waste water/septic.No domestic wastewater shall be allowed to run upon or remain upon any Lot except through the property operating septic system approved by the health officials having jurisdiction.Each Lot Owner shall at all times keep and maintain the septic system and appurtenant leach fields or other facilities related thereto in proper and sanitary operating conditions. See 1.26 added below. 1.22 Mining. No exploration for or extraction of any sand, gravel, oil, gas, mineral or other subsurface material shall be performed on any part of any Lot and no part of any Lot shall be used for the storage, processing or refining of any such substance. 1.23 Clotheslines. No clothesline shall be installed or maintained on any Lot unless approved by the Architectural Control Committee,and no clothesline shall be approved unless it is retractable. 1.24 Prohibited Habitation. No basement,partially completed Dwelling,trailer,recreational vehicle, shack, garage, tent, or outbuilding or other structure or Improvement on a Lot shall at any time be used for human habitation, temporarily or permanently. The only place where habitation may occur is within a completed Dwelling complying with the plans and specifications by the Architectural Control Committee and having all necessary governmental approvals and occupancy permits.No Habitation shall occur in any Dwelling which has been damaged,or whose wastewater,or other utility system has failed or inadequate,so as to render such habitation inappropriate. 1.25 Auxiliary Quarters. Lots 1 —9 shall have the ability to have Auxiliary Quarters. 1.25.1 Auxiliary Quarters are defined as one(1)or more interconnected rooms permanently attached to or located within the single-family dwelling which are arranged,designed,used or intended for use as a complete independent living facility for one(1)family. All Auxiliary Quarters shall comply with the following requirements: (A) The Auxiliary Quarters may not be used on any basis as a rental. (B) The use of the Auxiliary Quarters is subordinate in purpose, area or intensity and the occupants contribute to the needs of the occupants of the primary residence, (C) The gross floor area of the primary residence shall be no less than 1,600 square feet in size. (D) The minimum gross floor area of the Auxiliary Quarters shall be no less than three hundred(300) square feet in size,and the maximum shall not exceed fifty(50)percent in size of the gross floor area of the primary residence. The gross floor area of the Auxiliary Quarters shall not exceed one-thousand (1,000)square feet in size. (E) The Auxiliary Quarters shall be attached by common roof and foundation to the primary residence. - 9 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado (F) The Auxiliary Quarters and the primary residence shall be connected by a party wall or shall not be separated by more than twice the width of the projected view of the shortest exterior wall of the Auxiliary Quarters. 1.26 Sewage Disposal Systems.Sewage disposal shall be accomplished by Individual Sewage Disposal Systems designed and installed to meet County and State regulations. 1.26.01 The primary and secondary septic fields and the septic infrastructure are to be protected and preserved. 1.26.02 Activities such as permanent landscaping,structures,dirt mounds,or other items are expressly prohibited in the absorption field site. Parking of vehicles in these areas is not acceptable. 1.26.03 All septic systems shall be inspected and pumped once a year by a common company at a common date selected by the Homeowner's Association. The assessment for such inspection and pumping service shall be billed to each individual homeowner. The individual homeowner shall be responsible for correction of any issues found at such inspection. 1.27 Compliance With Laws.Nothing shall be done or kept in or on any Lot which would be in violation of any statue, rule, ordinance, regulation, permit or validly imposed requirement of any governmental authority having jurisdiction. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE 2.01 Appointment of Committee. The Declarant has established an Architectural Control Committee.Until 40%of all the Lots within the Property have been sold to Purchasers and Homes have been built and occupied upon 40%of all the Lots and the Declarant shall appoint the Architectural Control Committee,which may consist of one(1)or more persons as determined by the Declarant.At such time as all Lots have been sold to Purchasers and homes have been built and occupied thereon,the number of members of the Architectural Control Committee and their appointment as provided in the paragraph below entitled"Terminology of Declarant Control". No member of the Architectural Control Committee shall be entitled to any compensation for services as a member of the Committee.The initial address of the Architectural Control Committee shall be P.O.Box Loveland Co.80539,and hereafter may be changed from time to time by the members of the Architectural Control Committee. The members of the Architectural Control Committee can engage the services of architects,engineers,attorneys and such other persons as they deem from time to time appropriate,and may pay the cost thereof from the filing fees required to be paid by those seeking Architectural Control Committee review. 2.02 Architectural Control.No improvement shall be erected,placed,maintained,or altered on any Lot until the construction plans and specifications and a plan showing the location of the Improvements have been approved by the Architectural Control Committee including quality of workmanship,quality and color and type of materials,the aesthetics and harmony of exterior design with the character of the community and the existing structures,and as to location of Improvements and finished grade elevation, and compliance with this Declaration. Unless the Architectural Control Committee approves a longer time for submission of a landscape plan, at, or within sixty (60) days of, the time of submission of plans for the Dwelling on any Lot,the Owner shall also submit a final landscape plan.If a final landscape plan is not submitted with the plans for the dwellings, a preliminary landscape sketch shall be included with the submission of the dwelling plans.Each plan submitted to the Architectural Control Committee shall bear the stamp or certification of an architect or engineer licensed in the State of Colorado; provided, that, the Architectural Control Committee may waive this requirement if in the exercise of its discretion it determines such certification is not reasonably appropriate for the plan to be reviewed, and such determination is evidenced by a written waiver of the requirement signed by the members of the Architectural Control Committee. Notwithstanding the waiver of requirement of the certification by an architect or engineer,the Architectural Control Committee may at any time,before or after submission of the plan, determine that the plan submitted without certification should be so certified, and may require the party submitting such plan to obtain such certification before any further action by the Architectural Control Committee. - 10 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado 2.03 Rules of Procedures and Guidelines. The Architectural Control Committee may, but is not required to adopt development standards and guidelines and rules and regulations from time to time establishing procedures and design standards,criteria and guidelines in furtherance of this Declaration. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business.Request for approval of design shall be made to the Committee in writing,accompanied by two(2)complete sets of plans and specifications for any and all proposed Improvements to be constructed on any Lot.Such plans shall include plot plans and showing drainage and grading plans,the location on the Lot of Dwelling,building,wall,fence,or other Improvement proposed to be constructed,altered,placed,or maintained thereof,together with the proposed construction materials, color scheme for roofs and exteriors thereof, architectural renderings, and proposed landscape plantings. The Architectural Control Committee may require submission of additional plans,specifications,and of samples of materials and colors prior to approving or disproving the proposed Improvement. Until receipt by the Architectural Control Committee of all the required materials in connection with the proposed Improvement to the Lot,the committee may postpone review of any material submitted for approval. Notwithstanding any other provisions of this Declaration,the guidelines,criteria or rules adopted by the Architectural Control Committee may specify circumstances under which a variance to the strict application of the provisions of this Declaration to a proposed Improvement may be granted where strict applications would be in the opinion of the Architectural Control Committee unreasonable or unduly harsh under the circumstances. If such a variance is granted,no violation of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of the Declaration for any purpose except as to the particular Lot and particular provision in the particular instance covered by the variance. Nothing herein shall authorize the Architectural Control Committee to make any variance with respect to provisions of this Declaration which restrict the character of uses to which Lots may be placed,such as,without limitations,provisions restricting animals,commercial activities and other restrictions of this Declaration regarding use,and the ability to grant variances is solely restricted to the location and construction of Improvements. The guidelines or rules adopted by the Architectural Control Committee may elaborate or expand upon the provisions of this Declaration relating to procedures and criteria for approval and may also specify rules,and restrictions pertaining to the construction of Improvements,including,for example,the storage of construction material and hours of construction operations. Such guidelines and rules adopted by the Architectural Control Committee shall have the same effect as if they were set forth in and were part of this Declaration. 2.04 Approval of Plans. The Architectural Control Committee shall approve or disapprove plans, provide specifications,and details within(30)thirty days from the receipt of all materials requested by the Committee and shall notify the Owners submitting them of such approval or disapproval in writing. If all samples, plans,specification,and details requested by the Committee have been submitted and are not approved or disapproved within such thirty(30)day period they shall be deemed approved as submitted. One set of plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the Owner submitting them and the other copy thereof shall be retained by the Architectural Control Committee for its permanent file. Applicants for Architectural Control Committee action may,but need not, be given the opportunity to be beard in support of their application. Refusal of approval of plans,location,or specifications may be based by the Architectural Control Committee upon any reasonable grounds,including purely aesthetic considerations,which in the sole and unfettered discretion of the Architectural Control Committee shall seem sufficient,reasonable,and not capricious. The Committee may condition its approval of any proposed Improvements to property upon the making of such changes therein as the Committee may deem appropriate. All applications to the County of Weld for issuance of building permits must be accompanied by a letter from the Architectural Control Committee evidencing review and approval of the plans by the Architectural Control Committee. 2.05 Filing Fees. As a means of defraying its expenses,the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the Architectural Control Committee from time to time. No additional fees shall be required for one(1)resubmission of plans revised in accordance with Architectural Control Committee recommendations if such resubmission is made within twenty(20)days of the Architectural Control Committee response to the initial plans submitted. Additional - 1 1 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado resubmissions shall require payment of additional fees,unless waived by the Architectural Control Committee for such reasons,as the Architectural Control Committee in the exercise of its sole discretion deems appropriate. 2.06 Completion of Improvements. Any Improvements approved by the Architectural Control Committee shall be timely commenced and completed within the times provided in paragraph 1.06. If not commenced within such time,the approval of the Committee shall automatically expire unless extended by the Committee,and the applicant must thereafter resubmit all plans to the Committee for reconsideration. The fact that a proposed Improvement has previously been approved by the Committee shall not require the Committee to again approve such proposed Improvement if the approval has expired pursuant to the terms of this paragraph. 2.07 Governmental Approvals. Each Owner shall obtain,prior to commencement of construction of any Improvements,all permits,licenses,certificates,consents,and other approvals necessary or required pursuant to any law,ordinance,resolution,order,rule or regulation of any governmental authority having jurisdiction in order for the Owner to construct,operate and maintain the Improvements;and before commencing work on any such Improvements,the Owner shall provide to the Architectural Control Committee a copy of such governmental approval. The Owner shall also furnish the Architectural Control Committee on a timely basis with copies of permits or certifications showing that the work being performed has,where required,been inspected and approved by the governmental authority having jurisdiction and a copy of the certificate of occupancy or final inspection or certification shall be timely provided to the Architectural Control Committee. 2.08 Inspection of Work and Notice of Completion. The members of the Architectural Control Committee and any agent or representative thereof,shall have the right to inspect any Improvements to any Lot prior to and after completion,provided that the right of inspection shall terminate three(3)days after the Committee has received from the applicant a notice of completion. 2.09 Estoppel Certificates. Upon the reasonable request of any interested party,and after confirming any necessary facts,the Architectural Control Committee,shall furnish a certificate with respect to the approval or disapproval of any Improvement to any Lot or with respect to whether any Improvement to a Lot is made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 2.10 Non-Liability. No member of the Architectural Control Committee,or any other agent of the Architectural Control Committee,shall be liable for any loss,damage or injury arising out of or in any way connected with the performance or nonperformance of the Architectural Control Committee. In reviewing any matter,the Architectural Control Committee is not responsible for reviewing,nor shall its approval of any Improvements to a Lot be deemed to be,an approval of the Improvement to a Lot from the standpoint of safety, whether structural or otherwise,or conformance with any building,zoning or other codes or governmental laws or regulation. 2.11 No Implied Waiver or Estoppels. No action or failure to act by the Architectural Control Committee shall constitute a waiver or estoppels with respect to future action by the Architectural Control Committee,or the Association or its members with respect to any Improvement. By example,and not in any way a limitation,the approval by the Architectural Control Committee of any Improvement shall not be deemed a waiver of any right or an estoppels to withhold approval or consent for any similar Improvement or any similar proposals, plans,specification or other materials submitted with respect to any other Improvement. 3.01 Easements. The plat reserves certain easements for drainage,emergency access,utilities,and oil purposes. Declarant shall have full rights of usage of such easements,as Declarant deems appropriate for the initial construction and installation of the improvements and facilities related to such easements. The Association is vested with the right and responsibility for maintenance of the Common Elements. 3.02 Usage of Easements. The rights and easements of enjoyment of the Owners of the Lots in the easement and the Common Elements,shall be subject to the following: 3.02.1 No use shall be made of the areas which interferes with its respective primary purpose such as its irrigation facilities,drainage-way,utilities,or access.Notwithstanding any other provision of the Declaration to - 12 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado the contrary,no permanent structure shall be placed in Common Element areas unless Declarant has consented; provided that Declarant's consent shall not be required if Declarant does not own any Lot. 3.02.2 With the consent of the Declarant,the Association,through the action of the Irrigation Committee shall have the right to adopt and enforce rules and regulations for usage and to prohibit or limit the use of irrigation related Common Elements;provided that Declarant's consent shall not be required if Declarant does not own any Lot. 3.02.3 The Association shall not have any right to encumber,pledge,assign,or transfer its ownership or easement right unless written approval for the same is given by the Owner of every Lot. 3.03.4 The rights of the Association and Owners are subject to the rights reserved in this Declaration of the Declarant. ARTICLE IV OWNERS ASSOCIATION 4.01 Formation of the Association. The Declarant has formed,or will from after the recording of this Declaration,a Colorado non-profit corporation("the Association").Each Owner of each Lot within the property shall be a member of the Association. Status as an Owner of a Lot is the sole qualification for membership,such membership being deemed an incident of Ownership of a Lot Individuals who jointly own a Lot,shall be deemed to constitute a single Owner of the Lot.An Owner's membership in the Association shall commence as of the date that fee title to a Lot is conveyed to the Owner and shall terminate on the date of termination of Ownership of a Lot. 4.02 Classes of Membership and Voting Rip-ttts. The Association shall have two(2)classes of voting membership.Class A shall be composed of the Declarant.Class B shall be composed of the Owners of Lots other than Declarant. For matters upon which Owners of Lots are entitled to vote,the Class A member shall be entitled to cast four(4)votes for each Lot owned by the Class A member,and Class B members shall each be entitled to cast one(I)vote for each Lot owned by the member.In the event a Lot is owned by two(2)or more persons,whether by joint tenancy,tenancy in common,or otherwise,the vote for such Lot shall be exercised as the Owners thereof shall determine but the vote attributable to such Lot shall be cast by only one(1)of the Owners of such Lot who shall be designated by the several Owners of such Lot in writing prior to or at the time the vote is cast.In the absence of such designation by such multiple Owners the vote for such Lot may be cast in accordance with the agreement of a majority in interest of the persons having ownership interest in the Lot.There shall be deemed to be a majority agreement if any one of the multiple Owners casts the vote allocated to the Lot without protest being made promptly to the person proceding over the meeting by any of the other Owners of the Lot.No vote may be cast or counted for any Lot for which assessments,fees,dues,or other monies are in default of payment at the time votes are counted. 4.03 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors(the "Board"). The powers and duties of the Board shall include,but not limited to the following: (A) To enforce all of the applicable provisions of this Declaration. (B) To maintain the Common Elements. (C) To contract for and pay for the cost of providing the functions of the Association out of funds collected by the Board. (D) To levy and collect assessments to pay the costs of maintenance as provided in this Declaration and to make or authorize the expenditures therefrom. (E) To receive and process complaints from Owners with respect to any provisions of this Declaration. (F) To adopt such rules and regulations as the Board from time to time may deem necessary or appropriate to carry out the provisions of this Declaration. - 13 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado (G) To render such disc,etionary decisions as are vested in the Board pursuant to this Declaration. (Ii) To impose charges for late payment of assessments,recover costs of enforcement including reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association,regardless of whether or not suit was initiated, and,after notice and an opportunity to be heard,levy reasonable fines for violations of the Declaration,Bylaws,and Rules and Regulations of the Association,and to establish the rate of interest to be assessed for all sums which may be payable to the Association. (1) To obtain and keep in force such insurance as the Board may from time to time deem appropriate including,but not limited to,casualty and liability,worker's compensation,errors and omissions coverage for officers,directors and members of the Association and the Architectural Control Committee and agents and others acting on behalf of and for the benefit of the Association,and such other insurance that the Board may deem appropriate. (J) Subject to the other provisions of this Declaration,to exercise all powers and rights granted to the Association by the provisions of any applicable law. (K) To take such other action or to incur such other obligations whether or not herein expressly specified as shall be reasonably necessary to perform the Association's obligations hereunder. (L) To adopt Bylaws for the Association,and to amend or repeal or otherwise modify such Bylaws from time to time;provided,that during the period of Declarant Control no bylaws or amendments or repeal thereof shall be adopted or effective unless first approved by Declarant. 4.04 Number and Election of Board Members,Declarant Control. The initial Board of Directors shall consist of one(1)or more persons appointed by the Declarant,each of whom shall serve at the pleasure of the Declarant or until his or her successor(s)is appointed by the Declarant. The Declarant shall,for a period of time hereafter provided,retain the right to appoint and remove the members of the Board of Directors and the officers of the Association and the members of the Architectural Control Committee and to fill any vacancy occurring in any such position and to make amendments to this Declaration(`Declarant Control"). 4.04.1 Period of Declarant Control. The period of Declarant Control shall continue until no Lot in the Property is owned by Declarant or any successor to Declarant(other than a purchaser)to whom the right to exercise Declarant Control has been assigned and dwellings have been built upon each Lot and occupied.Declarant may at any time voluntarily surrender the right to appoint and remove the members of the Board of Directors,or the Officers of the Association,or the Architectural Control Committee and may do so by written instrument. In the event of such early voluntary surrender,the Declarant may require that specified events,conditions,or actions of the Board,the Officers,and the Architectural Control Committee,occur and/or be approved by Declarant before they become effective. 4.04.2 Termination of Declarant Control. Unless otherwise provided in the Bylaws,upon termination of the period of Declarant Control with respect to the Board or Officers of the Association,the Owners shall elect a Board of Directors of at least three(3)members initially,and the Board Members so elected shall elect the Officers of the Association.The Board members and Officers,unless otherwise required by applicable law shall take office upon election.Thereafter,the number,term and qualifications of the Directors and Officers shall be provided in the Bylaws.Upon termination of the period of Declarant Control with respect to the Architectural Control Committee, the board shall establish the number of members of such Committee and appoint such members. 4.05 Meeting of the Association and Officers. Meetings of the Association shall be held at least once each year. Special meetings of the Association may be called by the President,by a majority of the Board,or by Owners having twenty percent(20%)of the votes in the Association.Not less than ten(10)nor more than fifty(50) days in advance of any meeting,the Secretary or other Officer specified in the Bylaws shall cause notice to be hand delivered or sent prepaid by the United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner.The notice of any meeting shall state the time and place of the meeting and - 14 - Protective Covenants for Sierra Acres Subdivision,Weld County, Colorado the items on the agenda.The number and type of Officers,and the provisions for regular and special meetings of the Association not inconsistent with the foregoing shall be as provided from time to time by the Bylaws and the Articles of Incorporation of the Association. 4.06 Quorum. Unless the Bylaws provide otherwise,a quorum is deemed present throughout any meeting of the Association if persons entitled to cast twenty percent(20%)of the votes which may be cast for election of the Board are present,in person or by proxy,at the beginning of the meeting.Unless the Bylaws specify a larger percentage,a quorum is deemed present throughout any meeting of the Board if persons entitled to cast fifty percent(50%)of the votes on that Board are present at the beginning of the meeting. 4.07 Coordination with Bylaws and Rules and Regulations. Except as may be otherwise provided herein for action of the Board regarding interest upon unpaid assessments,the provisions of this Declaration provide the minimum substantive terms for the enforcement of this Declaration by the Board and the Architectural Control Committee.Further and additional provisions for the operation of the Board and the Architectural Control Committee may in the future be set forth by the Bylaws of the Association,and by appropriate resolutions or rules and regulations adopted by the Board or the Architectural Control Committee which supplement and further the intent and purposes of this Declaration.In the event any conflict occurs between the provisions of this Declaration and such Bylaws or resolutions,then this Declaration shall control and to the extent possible,the conflicting Bylaws, resolutions or rules and regulations shall be construed to be effective where it promotes the interest of the provisions of this Declaration and invalid where in derogation of these Declarations. 4.08 Transfer. The membership held by any Owner shall not be transferred,pledged or alienated in any way,except upon the sale of the Owner's Lot,and then only to the purchaser of such Lot.A prohibited transfer is void and will not be reflected upon the books and records of the Association. 4.09 Delegation of Use. The Board may from time to time establish rules and regulations regarding the delegation by an Owner of rights of use and enjoyment of the Common Elements to such Owner's guest,tenants or purchasers. 4.10 Notices. Notice of matters affecting the Property may be given to Owners by the Association,or by other Owners,by personal delivery or by mailing with postage prepaid to the mailing address of each Lot,or to any other mailing address designated by the Owner in writing.Notice will be deemed given when delivered in person,or when placed in the United States mail with sufficient postage prepaid. ARTICLE V MAINTENANCE,BUDGET AND ASSESSMENTS 5.01 Maintenance of Common Elements. The Association shall be responsible for the maintenance of the Common Elements until and unless such maintenance obligation is assumed by the County of Weld,or by any other governmental or quasi-governmental body.The Association shall have the rights elsewhere provided to take corrective actions as appropriate if any Lot Owner fails to maintain the surface of the easements on the Owner's Lot, or causes or allows interference with the intended purposes of such easements or the Common Elements. 5.02 Allocation of Common Expenses to Lots. The expenses of functions imposed on the Association pursuant to this Declaration,together with the expenses of administration and operation of the Association and its Boards and Committees and the Architectural Control Committee(including any appropriate indemnity to members and agents of the foregoing),and such other items of expense as contained in the budgets adopted by the Association,shall be assessed against the Lots owned by Purchasers as set forth in paragraph 5.02.1 below,subject, however,to the limitation on assessments set forth in paragraph 5.05 below.Each Owner who is a Purchaser,by the acceptance of a conveyance of a lot,shall be personally obligated to pay such assessments.An Owner who is a purchaser shall be responsible for payment of the full share of any assessments for a Lot whether or not the Lot has Improvements.No Lot or Owner shall be assessed or liable for assessment for common expenses until the Lot is conveyed to a Purchaser.The Declarant and successors to Declarant's rights,and the Lots owned by Declarant or its Successors,shall not be liable for common expense assessments.The liability of any Lot and its Owner for such - 15 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado common expense assessments shall first commence on the first day of the next installment payment period following the conveyance of the Lot to a Purchaser,and such Lot and its Owners shall thereupon be liable for all periodic payments falling due on or after such date. 5.02.1 Allocation of Specific Expenses. The Board shall adopt a budget which categorizes the various expected expenses into the following categories:(i)"General Administrative Expenses"such as insurance,office expenses, legal and accounting fees;(ii)°Roadway Expenses"for maintenance of the road and emergency access improvements. The expenses as so categorized shall be assessed against the Lots as follows: (A) General Administrative Expenses and Roadway Expenses shall be assessed uniformly against all Lots with each Lot bearing one-sixth of such expenses. 5.03 Establishments of Common Expenses Budget. The Board shall establish periodic budgets for the Association.Appropriate notice of such budget and meetings concerning such budget shall be provided to the Owners.The amount of each budget shall be assessed against the Lots as provided in the paragraph above entitled "Allocation of Common Expenses to Lots",and shall be payable in monthly,quarterly,annual or such other periodic installments as adopted from time to time by the Board.Should the Board fail to adopt a budget for any budget period,the periodic budget last adopted shall be continued until such time as the Board adopts a subsequent budget. Without in any way limiting the nature and type of expenses upon which the budget may be based,the budget may include anticipated expenses for reasonable contingency reserve and working capital and sinking funds,legal and other professional expenses,premiums for casualty and liability insurance for the Common Elements and for fidelity and for errors and omission or other insurance protection designed to provide defense and insurance coverage to the Board members,members of the Architectural Control Committee,Officers,agents,and employees of the Association in connection with any matters arising from Association or Architectural Control Committee business and the performance by such persons of theft duties or related to their status as Board members,Officers,employees or agents of the Association or Architectural Control Committee. 5.04 Default Reserve Fund. Upon the conveyance of a Lot,other than by Declarant to a Dealer,the Board may require the Purchaser or transferee of the Lot to deposit with the Association as a reserve fund an amount equal to one-third(1/3)of the annual assessment established by the Board for the year in which the transfer occurs. If,at any time,an Owner is in default in the payment of any assessments due to the Association,the Association shall have the right to use said reserve,or as much thereof as may be necessary,to pay any delinquent amount owed to the Association and to reimburse the Association for any expenses incurred by the Association in collecting delinquent assessments from the Owner.In such event,the Owner shall,upon written demand of the Association,promptly remit to the Association a sufficient amount of cash to restore the reserve to its original amount.In the event the reserve account is not used,to make delinquent payments,then it shall be refunded to the Owner upon the sale of the Owner's Lot without interest.The Association shall have the right to commingle the reserve account with other funds of the Association and shall have no obligation to retain the reserve funds in a separate account or pay interest on the reserve funds. The reserve account shall not be deemed to be liquidated damages,and if claims of the Association against an Owner exceed the reserve account,the Owner shall remain liable for the payment of the balance of such claims to the Association. 5.05 Limitation on Assessments. In no event shall the annual average common expense liability allocated to any Lot in the Property,exclusive of optional user fees and any insurance premiums paid by the Association,("Maximum Annual Assessment"),exceed the maximum amount allowable by then applicable Colorado law for exception of the Property and the Association from the general application of the provisions of the Colorado Common Interests Ownership Act.The current Maximum Annual Assessment is$400.00 per Lot,pursuant to Section 38-33.3-116 C.P.S.,and such amount may be periodically adjusted without requiring general application of the Colorado Common Interest Ownership Act.In no event shall the Board adopt any budget which will result in assessment of more than the said then permissible Maximum Annual Assessment.This limitation shall not affect,and does not include deposits for the Default Reserve Fund provided for above,or any special assessments assessed against a Lot as a result of default by an Owner of the Owner's obligations under this Declaration. 5.06 Special Assessments,Acceleration of Payments on Default. In addition to the Common Expenses to be assessed against each Lot,the Board may,from time to time,levy and collect special assessments to remedy any default by an Owner of the Owner's obligations under this Declaration.Such costs and expenses for an Owner's - 16 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado default may be assessed against such Owner without establishments of any supplemental budget,and may be collected from such Owner in the same manner as provided in the paragraph entitled"Creation of Lien and Foreclosure",and°Owner's Obligation for Payment of Assessments"below.Any charges imposed for late payment, attorney fees and costs,and fines shall be deemed to be assessments against the Owner's Lot and recoverable and subject to the same rights and remedies available to the Association for all other assessments. In addition to all other penalties,fines,costs,fees,expenses,and charges which may be assessed,if an Owner is in default of payment of assessments as due,the Officers of the Association may elect to accelerate and call due and payable in full all installment payments of assessments to be paid by such defaulting Owner,for the budget period for which the default exists. Such assessments are not subject to the limitation contained in the paragraph above entitled"Limitation on Assessments"and are not a part of the common expense liability of each Lot,but are special and in addition to such common expense liability. 5.07 Accounting and Surplus Funds. All funds collected by the Association shall be promptly deposited into a commercial bank account and/or a savings and loan account in an institution to be selected by the Board.No withdrawal shall be made from said account except to pay the obligations of the Association.The Board shall maintain complete and accurate books and records of its income and expenses in accordance with generally accepted accounting principles consistently applied and shall file such tax returns and other reports as shall be required by any government entity.The books and records shall be kept at the office of the Association and shall be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at any time during normal business hours following reasonable advance notice of the request for inspection.In no event shall surplus funds to be distributed to Owners. If surplus funds remain after payment of the Association's expenses the same shall,at the Board's discretion,be used for the next fiscal year operations,or for prepayment of future expenses or applied to sinking funds and reserves. 5.08 Creation of Lien and Foreclosure. The Common Expenses Assessments,together with any special assessment or other penalty,cost or charges which an Owner is obligated to pay("assessments"),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 of assessments,such amount,any accelerated payments called due,and any subsequently accruing unpaid assessments,together with interest thereon at the rate of twelve percent(12%)per annum,or such other rate as may hereafter from time to time be established by the Board,and together with all costs which may be incurred by the Association in the collection of such amount,together with reasonable attorneys'fees shall be and become a lien on the interest of the defaulting Owner in his Lot.The Association may,but is not required to,execute and record in the Weld County Recorder's Office a Notice of Assessment Default setting forth the name of the defaulting Owner as indicated by Association records,the amount of the delinquency and the fact that additional delinquencies may accrue and increase such amount,and the legal description of the Lot or Lots affected.The lack of recording any such notice shall not in anyway affect the priority,validity and enforceability of the lien in favor of the Association or its rights with respect thereto. Such lien shall attach and be effective from the due date of the assessment,and may be enforced by foreclosure by the Association of the defaulting Owner's interest in the Property.The lien provided herein shall be in favor of the Association for the benefit of all Owners who are Association members.In any such foreclosure,the defaulting Owner shall be required to pay the costs and expenses of such proceedings,the costs and expenses for filing notice or claim of lien,and all reasonable attorneys'fees in connection with such foreclosure.The lien shall include,and the defaulting Owner shall also be required to pay to the Association, the assessments for the Lot whose payment comes due during the period of foreclosure,and the Association shall be entitled to a receiver to collect the assessments so coming due.The Association,on behalf of the member Owners,shall have the power to bid on the Lot at foreclosure sale and acquire,hold,lease,mortgage,and sell the same. Such lien provided herein shall have the same priority,date of attachment,period of time for enforcement and other aspects as set forth in Section 38-33.3-316,C.R.S.as amended regarding liens arising under the Colorado Common Interest Ownership Act.Reference to such Act,and reference to the aforesaid statue do not constitute an election to make applicable the provisions of the Colorado Common Interest Ownership Act,and it is hereby specifically stated that application of the Colorado Common Interest Ownership Act is specifically rejected. Reference is made to Section 38-33.3-316,C.R.S.as amended solely for the purpose of clarity in describing the lien in favor of the Association. The Association may,but is not required to send a notice of default to an Owner,and a copy of such notice may,but is not required to,be mailed to the holder of any deed of trust or mortgage of record constituting a lien on such Lot.The lack of provision of such notice shall not in anyway affect the priority,validity and enforceability of the lien or obligation of the Owner,or the Association's rights with respect thereto. Upon the payment of the amounts due,if the Association recorded a Notice of Assessment Default,the Association shall cause to be recorded a certificate setting forth the satisfaction of such lien,the cost of preparation and recording of which - 17 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado shall be paid by the Owner. The remedies of the Association for recovery by foreclosure of its lien rights,and by action against the persons personally liable for payment or for any other remedy available by law or in equity are cumulative and independent of each other.Pursuit of one does not waive or restrict pursuit of another remedy,and such remedies may be undertaken by the Association in any sequence and without the necessity for joinder of any claims or remedies.The lien of the Association shall not expire for the greater of six(6)years,or such longer period as may be provided by any applicable statue,from the last date upon which the full amount of assessments become due and if proceedings to enforce the lien are instituted within such period of time,the lien shall continue until completion of such proceedings.The lien in favor of the Association provided herein is not subject to any claim for homestead exemption or any other exemption,right to elective share,allowances or other provisions of testate or intestacy laws providing preferential treatment or exemptions,and each Lot Owner and that Lot Owner's spouse, heirs,successors,representatives and assigns by acceptance by the Lot Owner of ownership of a Lot hereby waives with respect to the lien of the Association all claims for such exemptions of preferential treatment otherwise provided by state or federal laws. 5.09 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association against each Lot and any interest,costs,and attorney fees in connection with default in payment thereof,shall be the personal and individual debt of the Owner thereof at the time the assessment is made.Each person,if more than one(1), composing the Owner shall be jointly and severally liable therefore. Suit to recover a money judgment for unpaid expenses shall be maintainable without foreclosing or waiving the lien securing the same.No Owner may be exempted from liability for assessments by a waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the assessment is made. 5.10 Statement of Assessment Status. Upon payment to the Association of a reasonable fee,as may from time to time be established by the Board,accompanied by the written request of the Owner or any mortgagee or prospective Owner of a Lot,the Association shall issue a written statement setting forth the amount of the unpaid assessments and any other charges outstanding with respect to the subject Lot,and the date when the same became due. Such statement shall also include credit for any advanced payments of assessments,but no credit shall be given for any accumulated amounts for reserves or sinking funds,if any.The statement issued by the Association shall be binding upon the Association and its officers and each Owner in favor of persons who rely thereon in good faith.The manner and time for providing such statements shall be as provided by the terms of the Bylaws of the Association,as from time to time amended. 5.11 Liability Upon Transfer. Any Owner who sells a Lot in good faith for value shall be relieved of the obligation for payment of assessments thereafter attributable to the Lot,as of the date of the recordation of the dead transferring such Lot to the subsequent purchaser.The 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 fees attributable to the Lot accrued from the date of execution of the deed through the date of such recordation,and the lien for recovery of the same shall remain in force against such Lot. ARTICLE VI GENERAL PROVISIONS 6.01 Term. Subject to amendments hereafter duly made,this Declaration as set forth in this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five(25)years from the date it is recorded after which time said Declaration shall be automatically extended for successive periods of ten(10)years unless an instrument signed by sixty-seven percent(67%)of the then Owners of the Lots has been recorded agreeing to terminate this Declaration. 6.02 Amendments. 6.02.1 Amendments by Declarant. Notwithstanding any other provision,until such time as one-half of the Lots in the property are owned by purchasers,Declarant(or Declarant's Successor)alone,and without the necessity of consent by anyone else,shall have the right to amend this Declaration from time to time for any purpose which Declarant deems appropriate. Such amendments shall bind all the Lots in the Property,but shall not be effective - 18 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado with respect to any person not having actual knowledge thereof until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder. 6.02.2 Amendments by Owners,Consent of Declarant. The Owners of Lots holding sixty-five percent (65%)of the votes which may be cast for matters upon which Owners may vote for Association matters,may at any time modify,amend,augment,or delete any of the provisions of this Declaration provided however that: (A) While the Declarant,or any successor to Declarant(other than a Purchaser),to whom the right to consent to amendment has been assigned by Declarant,owns any Lot,no amendment may be made unless the Declarant(or Declarant's Successor)has consented in writing thereto. (B) No amendment shall be effective with respect to any person not having actual knowledge thereof,until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder. (C) No amendments may be adopted which would be inconsistent with any condition or covenants imposed as a condition of approval of the platting and subdivision of the Property. (D) The Association may not be voluntarily dissolved without prior permission of the County of Weld. (E) My of the Following amendments to be effective must be approved in writing by the record holders of all encumbrances on the Lots at the time of such amendment: i) My amendment which affects or purports to affect the validity or priority of any encumbrance;or ii) My amendment which would necessitate a mortgagee after it has acquired a Lot to pay any portion of any unpaid assessment or assessments accruing prior to foreclosure,to the extent the amounts would exceed the priority of such assessments over that now provided by this Declaration. 6.03 Addition of Other Land,and Additional Rights of Declarant. In addition to any other rights of Declarant,during the period of Declarant Control described in this Declaration,the Declarant shall have the following rights: 6.03.1 Addition and Withdrawal of Real Estate. The right to add additional real estate to the Property and to withdraw real estate from the Property. Such addition or withdrawal shall be accomplished by recording a supplement to this Declaration. 6.03.2 Addition of Common Elements. The right to add or create Common Elements in the Property. 6.03.3 Completion of Improvements. The right to complete Improvements indicated on the Plat. 6.03.4 Construction Easements. The right to use easements through the Common Elements for the purpose of making Improvements within the Property or within real estate which may be added to the Property. 6.03.5 Merger. The right to merge or consolidate the Property and the Association with another Common Interest Community of the same form of ownership;and to make the Property and the Association subject to a master Association. 6.03.6 Dedications. The right to establish,from time to time,by dedication or otherwise,utility and other easements over,across,and upon the Common Elements for purposes including,but not limited to,streets,paths,walkways,drainage,recreation areas,parking areas,and to create other reservations, exceptions,and exclusions over,across,and upon the Common Elements. - 19 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado 6.03.7 Use Agreements. The right to enter into,establish,execute,amend,and otherwise deal with contracts and agreements for the use,lease,repair,maintenance,or regulation of Common Elements for the benefit of the Lot Owners and/or the Association. 6.03.8 Other Rights. The right to exercise any other right created in or reserved to Declarant by any other provision of this Declaration. 6.03.9 Rights Transferable. Any right created or reserved under this Declaration for the benefit of the Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in Weld County,Colorado.Such instrument shall be executed by the Declarant and the Transferee. 6.04 Mortgagee Protection Clause. No breech of the covenants or restrictions herein contained, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith for the value,except as provided herein with regard to priority of liens in favor of the Association,but all of said covenants and restrictions, together with any amount for assessments,shall be binding upon the effective against any Owner whose title is derived through foreclosure or through trustee sale or through deed given in lieu thereof. 6.05 Enforcement. The provisions of this Declaration may be enforced in proceedings brought by any Owner or by the Board of Directors of the Association or the Architectural Control Committee;provided that enforcement of liens and recovery of assessments shall be by the Board of Directors of the Association.In addition to the provisions for the lien foreclosure and the recovery against Owners for assessments,enforcement may be by proceedings at Law or in equity against any person or persons violating or attempting to violate any provisions of this Declaration either to restrain violation,or to recover damages,or both.All remedies provided are cumulative, and pursuit of one shall not bar pursuit of any other,independently,or jointly,and in any sequence. 6.06 Severability Invalidation of any clause,sentence,phrase,or provision of this Declaration by judgment or court order shall not affect the validity of any other provisions of this Declaration which shall remain in full force and effect. 6.07 Non-application of Colorado Common Interest Ownership Act. This Declaration limits assessments,as set forth in the paragraph entitled, "Limitation on Assessments",so as not to exceed the maximum amount allowable from time to time by applicable Colorado law for exception of the Property and the Association from a general application of the provisions Colorado Common Interest Ownership Act.Declarant elects that only the mandatory Sections 38-33.3-105,38-33.3-106,and 38-33.3-107 C.R.S.of the Colorado Common Interest Ownership Act shall be applicable. 6.08 Enforcement by Governmental Entity. In the event that the Association or any Successor to the Association fails to maintain the Common Elements in reasonably good order and condition,the County of Weld (the"County"),may serve written notice upon such organization or upon the residents of the Property setting forth the manner in which the organization has failed to maintain the Common Elements in reasonable condition,and said notice shall include a demand that such deficiencies of maintenance be cured within thirty(30)days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen(14)days of the Notice.At such hearing the County may modify the terms of the original notice as to deficiencies and may be given an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty(30)days or any extension thereof,the county,in order to preserve the taxable values of the properties with the Property and to prevent the Common Elements from becoming a public nuisance, may enter upon said Common Elements and maintain the same for a period of one(1)year.Said entry and maintenance shall not vest in the public any right to use the Common Elements except when the same is voluntarily dedicated to the public by the Owners.Before the Expiration of said year,the County shall,upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the Common Elements, call a public hearing upon notice to such organization,or to the residents of the Property,to be held by the Board designated by the County at which hearing such organization or the residents of the Property shall show cause why such maintenance by the County shall not,at the election of the County,continue for a succeeding year. If the Board designated by the County determines that such organization is ready and able to maintain said Common Elements in reasonable condition,the County shall cease to maintain said Common Elements at the end of said year.If the Board designated by the County determines that such organization is not ready and able to maintain said Common Elements - 20 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado in a reasonable condition,the County may,in its discretion,continue to maintain said Common Elements during the next succeeding year and,subject to a similar hearing and determination,in each year thereafter. 6.08.1 The cost of such maintenance by the County shall be paid by the Owners of the Lots within the Property that have a right of enjoyment of the Common Elements,and any unpaid assessments shall be a tax lien on said Properties.The County shall file a notice of such lien in the Office of the County Clerk and Recorder upon the Properties affected by such lien within the Property and shall certify such unpaid assessments to the Board of the County Commissioner and the County Treasurer for collection, enforcement,and remittance in the manner provided by law for the collection,enforcement,and remittance of general property taxes. 6.09 Conveyance or Encumbrance of Common Elements. Conveyance or encumbrance of any Common Element shall require the consent of the Owners of sixty-seven(67%)of the Lots in the Property. - 21 - Protective Covenants for Sierra Acres Subdivision, Weld County, Colorado IN WITNESS WHEREOF,this Declaration has been executed by the Declarant who is the Owner of all lands in the Property,and mortgagees holding any lien against the Property,whose signatures and identification of Ownership interest are set forth below. DATED this day of 20 DECLARANT: MBM Enterprises,LLC,a Colorado limited liability Company By: John R.McEntee,Manager STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,20_,by John R. McEntee,as Manager of MBM Enterprises,LLC,a Colorado limited liability Company. WITNESS my hand and official seal.My commission expires: Notary Public CONSENT OF LIEN HOLDERS The undersigned Lien Holders hereby consent and agree to the foregoing Declaration: LIENHOLDERS: STATE OF ) )ss. COUNTY OF ) The forgoing instrument was acknowledged before me this day of ,20 ,by WITNESS my hand and official seal. My commission expires: Notary Public - 22 - 3351 Eastbrook Dri' '' Fort Collins,Coloratl&_,dt ride the light , QWEST Qwest 3351 Eastbrook Dr. ��CC Fort Collins, CO. 80525 Date: August 01,2005 Subject: Service to Sierra Acres PUD Anthony Bingham 6425 Clearwater Dr. Loveland, Co. 80538 Attn: Anthony Bingham QWEST Communications will provide service to your planned development, Sierra Acres PUD, located east of the town of Windsor. Provisioning the service will be in accordance with the rates and tariffs on file with Colorado Public Utilities Commission. The owner is responsible for provision of all trench, conduit, ditch crossings, and street crossings for communication facilities within the project. Contact the Qwest engineer for specifications for the main communications cable. If there are any further questions, or if I can provide any assistance, please contact me on 970 377-6403. Very Truly Yours. c Richard L. Stiverson Senior Design Engineer a' Poudre R POUDRE VALLEY RURAL Valley EA ELECTRIC ASSOCIATION, INC. P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 FAX 970-226-2123 800-432-1012 www.pvrea.com July 21, 2005 J. R. McEntee 2707 Granada Drive Loveland, Colorado 80538 RE: PROPERTY LOCATED IN SECTION 19 THE NE 1/4, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO SIERRA ACRES PUD TO WHOM IT MAY CONCERN: Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association. The person(s) signing any contract (s) and or easement (s) grants to the Association the right to ingress and egress for meter readers, tree trimmers, engineers, line personnel, or any agents of the Association for the purpose of reading meters, engineering services, line repair, maintenance, tree trimming and or right-of-way clearing as deemed necessary by the Association. If you have any further questions, please call our office. Sincerely, erry F' Tding Engineering Representative hhp c:\Documents and Settings\hpettit\My Documents\2005\TR\MCENTEE RDY ABLE LTR.doc AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy'Partner )(.A)( BOARD OF DIRECTORS I NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER 33247 HIGHWAY 85 • LUCERNE,CO 80646 RALPH PRIOR DON POSSELT,DISTRICT MANAGER JOHN JOHNSON CE BUCK RINEHART P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 NELS NELSON C�/ ��www.nwcwd.org • e-mail: water@nwcwd.org TRANS MITTAL 1 AL December 20,2005 To: Sierra Acres PUD From: North Weld County Water District C/O Wohnrade Civil Engineers,Inc. P.O.Box 56 1269 N Cleveland Ave. 33247 Hwy 85 Loveland,CO 80537 Lucerne,CO 80646 Re: Sierra Acres PUD Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to provide water service,and fire flows of 1,000 gpm to the Development with a Residual System Pressure of 20psi. The following Table will summarize the costs for water service from North Weld County Water District. These costs are current and ARE SUBJECT TO CHANGE WITHOUT NOTIFICATION. Description of Fee Amount Due Time of Payment Review&Inspection Fee $2,900 Up-Front Infrastructure Fee $42,315 Up-Front $45,215 Total Up-Front Plant Investment Fee $7,500 per Lot @ Building Permit or Water Service Connection Mileage Charge $3,600 per Lot @ Building Permit or Water Service Connection Cash-In-Lieu of Raw Water $11,000 per Lot @ Building Permit or Water Service Connection Raw Water Storage Fee $1,000 per Lot @ Building Permit or Water Service Connection Meter Set Fee $900 per Lot @ Water Service Connection $24,000 per Lot Total Tap Cost @ Water Service Connection Please look over the documents and if you have any questions give me a call. If everything is acceptable please forward waterline construction plans to the District for review. The District is requiring the internal piping system to be designed with restrained joint pipe for bends,tees and dead ends rather than thrust blocks. Please contact me before designing the internal waterline to get our current specifications for pipe,services,air releases,hydrants and general design requirements. This will save a lot of time on the design of the waterline. Once the waterline construction plans are approved the District will execute the Water Service Agreement(which will be needed before final County approval). I have also enclosed our most recent news letter which contains some general information. If you have any questions,please contact me. Sincerely, Alan Overton North Weld County Water District WATER SERVICE AGREEMENT (DEVELOPMENTS - SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter"District") and John R. McEntee and Tonya Brigham-McEntee and Anthony R. Brigham and Katina Martin-Brigham, (hereinafter 'Developer'), of Sierra Acres PUD, (hereinafter "Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS,the District Enterprise was created by theiDistrict, in order to comply with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS, the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS,the Developer desires to contract 16i the District for certain potable water supplies and services for the Development known as Sierra Acres PUD, Part of the Northeast Quarter NE %, Section 19 Township 6 North, Range 66 West, LOT B of amended Recorded Exemption AMRE-3006;and WHEREAS, Developer intends to Dilat and/or develop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in accordance:with the terms of this Agreement; NOW, THEREFORE, inconsideration ditthe premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Town as follows: �s ARTICLE 7 WATER'SUPPLY/FACILITIES 1.1 T District sill furnish Development a customary supply of water for a total of nine(9)individual Single-Family residential taps ("Residential Tap"), and one (1) Irrigation/Open-Space water taps("Irrigation Tap"), and collectively identified as("Tap or Taps"). 1.2 The District shall furnish 70%of an acre foot(228,000 gallons)of water per equivalent Tap(Water Allocation)per annual water year, if the allotment for Colorado-Big Thompson (CBT)project water,which is determined by the Northern Colorado Water Conservancy District is 50%or greater. Whenever the CBT allotment is less than 50%for any annual water year, District will reduce or restrict the delivery of the amount of water per equivalent Tap as deemed proper and necessary by District to assure water supplies. 1.3 The water to be furnished by the District shall be potable water,which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.4 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1)Uncontrollable forces; P\Subdivisionswiem Acres\WSAC 2-09-051.doc (2)Operations or devices installed for water system protection; (3)Maintenance, repair, replacement, installation of equipment,or investigation and inspection of the water system, which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. 1.5 The District shall install,own, repair and maintain a meter vault at each individual lot within the Development in which the District shall install equipment as deemed necessary, including but not limited to meters, reading devices,flow restricters, etc. 1.6 The District estimates the water supply to have a normal pressure range of fifty-five (55)to seventy-five(75)pounds per square inch (psi). The District will maintain an average minimum pressure of thirty five (35)psi to any tap. The maximum pressure that will be supplied to any Tap may be as great as ninety(90)psi. Therefore, the Developer(or Lot Owner)agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development, Tap or lot. ARTICLE 2 TAPS, LINES AND FEES 2.1 The District must approve, in writing„all engineering and construction plans and materials of all Water Lines within any Development or Water Lines leading to the Development. The Developer shall be responsible for payment of the total cost of the construction for Water Lines within the Development(or Water Lines that are necessary to serve the Development)that will serve the Taps. 'Water Lines", means all lines which carry water to the meter vault(s)within the Development. 2.2 From the meter to the structure ortotbeing served with water,water will be delivered through private service lines which are installed by the Developer or Lot Owner, and for which the District has no responsibility or liability. 2.3 After theteveiopE7r'has installed<and constructed the Water Lines,the Developer will be required to submit a letter of receipt of the value of the Water Lines; and such has been approved by the District,the District will conditionally accept the Water Lines by issuance of a conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance of the Water Lines, subject to final approval by the District, Developer shall dedicate ewnershipef the Water Lines to the District. The Developer may use the Districts existing Water Lines to serve the individual Taps, if the District determines in its sole discretion,that the existing Water Line may be accessed and has available capacity and pressure to serve the Development. 2.4 For alrWater Lines located within the Development's roadway or utility/waterline easements,future repair of paving or other improved surfaces subsequent to the initial installation of any Water Line shall be the responsibility of the Developer, Homeowners Association, or current owner of the Right-Of-Way. The District will repair and backfill the trench to the surface but will not rebuild any surface improvements, including but not limited to pavement,curb and gutter, sidewalk,or landscaping other than grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees,expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees, charges and expenses,and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. P:\Subdivisions\Sierre Acres\WSA(I 2-09-05)doc 2.6 Pursuant to this Agreement,the fees,expenses and charges for a water Tap consist of: (1) Review& Inspection Fee as provided in Paragraph 2.8; (2) Infrastructure Enhancement Fee as determined in Paragraph 2.9; (3) Plant Investment Fee as provided in Paragraph 2.10; (4) Mileage Charge pursuant to Paragraph 2.11; and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12; (6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and (7) Meter Fee as provided pursuant to Paragraph 2.15. Notwithstanding anything to the contrary herein, payment of all fees, expenses and charges as established pursuant to this Agreement shall be a condition precedent to the District providing water service to any Tap within the Development. Except as provided in 7.1, if the total fees, expenses and charges are not paid, all prior fees, expenses and charges paid by the Developer for any improvements made by the Developer shall be considered as forfeited to the District as liquidated damages as accurate calculation and determination of damages would not be possible. 2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage Charge must be completed and fulfilledjointly before the District provides any water service. Once these fees have been paid or completed,the Developer or Lot Owner will then have one (1)year to pay for and have the meter set. Upon installation of the meter, or, after one (1)year of payment of these referenced fees,the District shall commence billing the Developer or Lot Owner a Minimum Monthly Charge in accordance with the policies the District then in effect. The Minimum Monthly Charge shall apply whether or not any water is taken through the Tap. 2.8 The Distnctwill be expending resdurces for review and inspection of the Development including but not limited to engineering review,Water Line inspection, surveying, bacteriological testing,and pressure testing of the Water Line constructed for the development. The Developer will be required to reimburse the District for such expenses and shall be known as the"Review and Inspection Fee". The Review and Inspection!Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$2,900.00. A portion of this payment determined to be$180.°°of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$2,720.00 of said Fee be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit,whichever occurs earliest. The Review and Inspection Fee, as established in this Paragraph 2.8 is non-refundable. 2.9 The District may be constructing substantial Infrastructure, including but not limited to installation of 1700-feet of 12"waterline including Hwy bore, isolation valves, pressure air release valves, hydrants and other associated appurtenances. A portion of these enhancements will be attributable to the Development and an "Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$42,315.00. A portion of this payment determined to be $2,000.°°of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder 540,315.00 of said Fee be made prior to commencement of construction of Water Lines that will serve the Development,or the issuance of any building permit,whichever occurs earliest. The Infrastructure Enhancement Fee,as established in this Paragraph 2.9 is non-refundable. .P:\Subdivisions\Sierra Acres\WSA(12-09-05)dac 2.10 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1,Developer will pay the Mileage Charge for each new Tap within the Development at the rate for Mileage Charge then in effect. 2.12 The"Raw Water or Cash tn.Lieu Fee"requirement for this Development shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be responsible for making payment of this Yee. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the District andin.effect at the time of payment. 2.12.1 At the's gle discretion of District;the District may allow the Developer to dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for a Residential Tap being a single family residence on one (1)lot shall be the dedication of at least one(1)Unit of Colorado Big Thompson (CBT)project water per Tap,or at least one(I)share of North Poudre Irrigation Company(NPIC)stock for every four(4) residentialTaps. 2 12.2 ''1n addition tb the dedication of the Raw Water,the Developer shall be responsible for 8. Water Storage Fee as determined by District. The Raw Water Storage Fee shall be;applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the`District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the Raw Water. 2.13 The Developer shall provide the District with security, as deemed acceptable by District,to secure the installation and warranty of Water Lines within the Development during the two-year conditional acceptance period. Said security shall cover 25% of all costs for construction of said Water Lines,which shall be released at the expiration of the two-year warranty period and upon full acceptance of the Water Lines by the District. The type of security to be accepted shall be at the sole discretion of the District,which will normally be a letter of credit, certificate of deposit,or bond. 2.14 During the two-year conditional acceptance period,the Developer will be responsible for any repairs or maintenance of the Development Water Line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. .P:\Subdivisions\Sierra Acres\W SA(12-09-05).doc 2.15 Prior to a meter being set and water service being provided at or for any Tap,the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee, and pay any remaining fees,expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application,or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 FIRE PROTECTION 3.1 Fire protection is a basic provision required for development activities in the Weld County for which this Development is to be constructed. The Development may be located within an established fire protection district("FPD")which has its own policies, procedures and requirements concerning fire protection which may be in addition to or supplement any requirements imposed by the Weld County. Developer understands that District is not responsible for compliance with any such FPD or Weld County requirements and such requirements are the sole responsibility of Developer, FPD and/or Weld County. Developer further understands that District is not required to provide fire flows or even allow fire protection devices, including but not limited to hydrants,Water Lines, sprinklers, and valves,to be installed, inspected, serviced or provided by District. 3.2 However, as a courtesy and public service;District will permit Developer to install certain fire protection infrastructure pursuant to provision of this Article 3 and any other provisions or requirements deemed necessary by District, in its sole discretion. 3.3 Developer shall provide to the District,a`PD and Weld County plans and specifications for fire protection infrastructure,including but not limited to location and size of Water Lines to serve fire:hydrants("Fire Facilities"). Said plans shall be in accordance with any:specifications and requirements established by District,Weld County and/or FPD. 3.4 Upon final approval ofthe'ptatis and design by District,Weld County and FPD, Developer shall be responsible for installation of the same including all costs incurred by District to review plans,installation, and inspection of the same by District. Upon approval of the installation of:alt such fire facilities by District, Weld County and FPD, District will thereafter assume the responsibility of effecting maintenance and repairs of such facilities butPistrict will be compensated for such maintenance and repairs, in perpetuity, by Developer or Homeowners Association in the Development. Additionally, responsibility for all costs of maintenance and repairs shall become a part of covenants that run with the title to all lots and property within the Development, and which shall constitute a first and prior lien upon all lots and property in said Development. 3.5 As additional consideration for this Agreement, Developer understand that District has not and will not perform any independent review or analysis of the adequacy of any fire facilities. Accordingly, Developer releases District from any and all liability or claims of any type that could be made against the District, including but not limited to water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any other item related to fire facilities in the Development. 3.6 All final approvals of this Development must make reference to the responsibility of the Developer or Homeowners Association concerning expenses of maintenance and repairs for the fire facilities pursuant to Paragraph 3.4. P'\Subdivisions\Sierta Acres\WSA(12-09-05).doc ARTICLE 4 PETITION OF INCLUSION 4.1 If determined to be necessary by District,the Developer agrees to sign and execute a standard Petition of Inclusion, Exhibit"B". ARTICLE 5 EASEMENTS AND RIGHTS-OF-WAY 5.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations, widths, size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 5.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 6 DUAL WATER(IRRIGATION) SYSTEM 6.1 This Agreement is for a single system water service which means that one (1)system provides water for all water usage within Sierra Acres PUD. Neither the Developer or any Lot Owner will construct,install or use a secondary or alternative water system within Sierra Acres PUD without an amendment to this Agreement to insure proper installation, use and connection of a dual water system. For any breach of this provision, District shall have the right to discontinue water service to the entire Development until an amendment to this Agreement has been finalized by the District, Developer andlorall Lot Owners. ARTICLE 7 MISCELLANEOUS 7.1 TAgreem$4it is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the day of , 20_,this Agreement can then be terminated by Developer and the same shall be considered null and void. Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98%of costs and expenses paid pursuant to Article 2.10, 2.11 and 2.12 if such refund is applied for within one(1)year of the payment made to the District. The 2% retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred pursuant to Articles 2.1, 2.8, 2.9 and 2.15 shall not be entitled to a refund of any amount. 7.2 This Agreement cannot be assigned by Developer without the express written approval of District. 7.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. P:\Subdivisions\Sierra Acres\WSA(I 2-09-05).doc IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. DEVELOPER: By: By: DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: By: Secretary President STATE OF COLORADO ) )ss. COUNTY OF ) „ The foregoing instrument was ackiledged before me this day of , 20 , by Developer. Witness my hand and official seal. My commissiott<expires: Notary Public STATE OF Ctt:,ORADO ') ass. COUNTY OF WELD ) The foregoingfnstrument was acknowledged before me this day of ,20 , by as President and as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: Notary Public .P'\Subdivisions\Sierra Acres\WSA(I2-09-05).doc p BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT P CHARLES ACHZIGERDi 9 33247 HIGHWAY 85 • LUCERNE, CO 80646 ' RALPH PRIOR JOHN JOHNSON DON POSSELT, DISTRICT MANAGER CE BUCK RINEHART r, 1 NELS NELSON P.O. BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 www.nwcwd.org • e-mail: water@nwcwd.org November 29, 2004 r Anthony Brigham 2228 Parshall Drive. Loveland,CO 80538 Re: 9-Lot Subdivision Development of Parcel#080519000057 North Weld County Water District is able and intends to serve the proposed 9 Lots,located in a portion of the i Northeast of Section 19,Township 6 North,Range 66 West, of the 6 Principal Meridian. To provide water service and a fire flow of 1,000 gpm, a 12-inch waterline will have to be constructed along Hwy . 392 from WCR 27 (northbound)to WCR 27(southbound). This waterline will be approximately 1,320-feet in length. The District will receive benefit from the construction of the waterline, and therefore will participate in the construction costs. North Weld County Water District estimates the cost for this construction to be $64,0009°. • The District will require the Developer to pay a portion of such cost currently estimated to be$16,000.0°. Additionally the District will have to install valves and connecting tee in the existing waterline located within the WCR 27 Right-of-Way, such connection is estimated to cost$4,000.0°. Therefore,the total cost of$20,000.°°will be known as the(1)Infrastructure Enhancement Fee. The Infrastructure Enhancement Fee must be approved by North Weld County Water Districts'Board of Directors and is subject to re-evaluation before approval of a Water Service Agreement. The fees,expenses and charges for a water tap consist of(1)Infrastructure Enhancement Fee; (2)raw water or cash I in lieu; (3)Plant Investment Fee; (4)Mileage Charge; and (5)Meter Fee. The District requires that the(2) dedication of raw water or cash in lieu; (3)Plant Investment; (4)Mileage requirements be fulfilled in conjunction. After the raw water dedication or cash in lieu,the Plant Investment Fee and the Mileage Charge have been • dedicated and/or paid, the Developer or Lot Owner will have up to one year to have the meter set. Once the meter has been set or after one year of the payment and/or dedication of Raw Water,Plant Investment Fee and Mileage Charge, the District shall begin billing the Developer or Lot Owner a minimum monthly charge, as established by • the District and in effect at the time. The Developer will be required to pay such fees in a minimum phase of 25% of the total number of lots or in phases of 5 lots, whichever is less. For example,in a 9 Lot subdivision a minimum • of 2 taps will have to be purchased in full at a time, even if only one lot is in need of a water service. Then if within one year only one meter has been set and billing begun,the other meter that has not physically been t activated will still receive minimum monthly billings. (, P:ISubdivisionsJMBM-AnthonyBrighamUntent(I I-29-04).doc • - �- S % \J �I /OS G � • e S • 1111 42 Refer to the following Table for the costs of the associated Fees that are currently in effect. All Fees and Requirements are subject to change without notice,therefore; it is recommended to keep in contact with the up District periodically for updated costs and requirements. • Fees and Cost Time of Payment Requirements (as of November 29, 2004) • Off-Site Infrastructure $20,000.00 Before Construction of Water Line Fire Flow Fee $TBD TBD Plant Investment Fee $67,500 ($7,500 per Lot) Date To Be Determined Distance Fee $32,400($300 per mile x 12 Miles Date To Be Determined • per Lott al Raw Water Requirement $108,000($12,000 per Lot)* Before Individual Meters will be Set Meter Set Fees Approx. $7,200(At Cost,per Lot) After Individual Meters have been Set Total Fees Total Cost for 9 Lots $235,100** S ($26,122 per Lot) • *Raw Water Requirement may be met by transfer of Water Rights and a Raw Water Storage Fee of$1,000 per • Unit of Raw Water Transferred. Normal transfer is one Unit of Colorado Big Thompson Project Water(or t Equivalent)per Lot. • **Cost does not include the internal waterlines that shall be constructed by the Developer. It is the Developers' responsibility to have the internal water mains designed by an engineer,and such designed ' plans shall be approved by the District. North Weld County Water District will require waterline easements to be shown on the final plat and approved by the District. The Water Mains serving the subdivision shall be paid for and constructed by the Developer, according to the District's Standards and Specifications. • • Fire flows shall be field verified and approved by the Windsor-Severance Fire District and/or Developer's Engineer after construction of waterline infrastructure. When the Developer is ready to proceed,the District and the Developer will enter into a legal Water Service Agreement. • If you have any questions,you can contact me at the office(970)356-3020. • • • Alan Overton North Weld County Water District S S P.\Subdivisions\MBM-AnthonyBrigham\Intent('L29-04).doc 4 A S S S KM-CANADA• Petro-Canada Resources(USA) Inc. July 7, 2005 MBM Enterprises J.R. McEntee 2707 Granada Drive Loveland, CO 80538 RE: Sierra Estates Subdivision Dear J.R.: Pursuant to our telephone conversation yesterday, this letter is to advise that Petro-Canada Resources (USA) Inc. has reviewed your plat of the proposed Sierra Estates Subdivision, and as currently planned has little or no impact on our oil and gas operations. You have clearly allowed for the 400' drilling windows on your plat of your subdivision. We reserve the right to be notified and involved in the PUD process as you progress forward. Please keep us informed of all hearings and meetings, as you progress forward. If you require anything further from us, please do not hesitate to call me at 303- 350-1179. It has been a pleasure working with you. Sincerely, (\ Cindi Danner-Weide, CPL Senior Landman Suite 400, 1099 18th Street • Denver,CO 80202-1904 Office:(303)297-2300 • Fax(303)297-7708 • www.petro-canada.ca Pawnee Buttes Seed Inc. 10/28/05 J.R. McEntee 2707 Granada Drive Loveland, CO 80538 Subject: Reseeding Outlot 1-17.9 acres, Outlot 3 —23.9 acres Currently Outlot 1 has been summer fallowed to control weeds. I recommend that you plant 15 lbs. per acre of a long season grain sorghum or 20 lbs. per acre of a hybrid sterile forage sorghum around June 1st, 2006. More tillage operations may be needed to control weeds and to prepare a seedbed for the sorghum cover crop. The cover crop is a drought tolerant, competitive plant and should establish easily and grow until approximately September 15, 2006 when it will stop growing because the weather is too cool for this warm season crop. I recommend planting a native seed mixture similar to mixes used on the Conservation Reserve Program administered by the Farm Services Agency. Please see enclosed mixture. This mixture is drought tolerant and encourages wildlife. The mixture contains grasses, forbs and shrubs. This mix should be planted directly into the standing residue from the sorghum cover crop. The cover crop should not be disced, mowed, or cultivated in any fashion. Use a grass drill designed to plant this kind of mixture. This seed is small and fluffy and requires a grass drill for proper seed placement. Do not use a grain drill because grain drills will plant too deep and not distribute the seed evenly. This mixture should be planted between December 1st of 2006 and May 15` of 2007 into the sorghum cover crop planted in June of 2006. Plant the seed preferably in December, January, or February. The spring of 2007 some cool season grasses may begin to germinate in March or April as well as certain cool season weeds. In May and June warm season grasses will begin to germinate as well as certain warm season weeds. Mow the weeds when the weeds are 1-2 feet tall. Use a rotary mower that shreds the weeds down to a height of 4-6 inches. The weeds may need to be mowed 1-3 times per year in 2007 and 2008 after which time the grass should dominate. Once the stand is established rotational grazing is very beneficial to keep the native species healthy and the weeds under control. Outlot 1 could sustain 1 horse for 1 year with supplemental feeding. Outlot 3 has an adequate stand of alfalfa. As this stand begins to thin out it can be renovated by spraying t e alfalfa with Roiundup in the fa 1 and interseeding a wildlife P.O.Box 100 . 605 25th Street• Greeley,Colorado 80632 . 800-782-5947 . 970-356-7002 •Fax: 970-356-7263 Website: www.PawneeButtesSeed.com • E-mail: info@PawneeButtesSeed.com mixture between December and May 1s`. The existing stand of alfalfa may be adequate cover for another 2-5 years. Thank you for requesting my assistance on Sierra Acres PUD. Good luck on your project. Call me if we need to address other issues. Sincerely, 2/r17....- — _Sad Don Hijar PAWNEE BUTTES SEED, INC. P.O. Box 100 - 605 25th Street Greeley CO 80632 Phone: (970) 356-7002 Fax: (970) 356-7263 Date: 11/3/2005 McEntee Native Prairie Mix Kind Variety Base % PLS/Acre Hachlta Blue Grama 1.50 0.25 0.38 Bison Buffalograss 8.00 0.10 0.80 Lodorm Green Needlegrass 5.00 0.20 1.00 El Reno Sideoats Grama 4.50 0.20 0.90 NativeWestern Wheatgrass 8.00 0.25 2.00 Purple Prairie Clover 0.30 Perennial Gaillardia 0.30 Upright Coneflower - 0.20 Black-eyed Susan 0.20 Plains Coreopsis 0.20 Winterfat 0.30 4-Wing Saltbush 0.40 100.00 6.98 Per pound Price: $12.00/PLS# Per acre price: $83.76 Todd Hodges Design, LLC Landscape for Entry Island: Prototype . y t � ,a •• 1 • fix,. 144. • Y J Sign for Entry Island: Proto • p se y i a tr 41 -aft '.h ttlV ' 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(aearthlink.net r .. 0 z ` , I- 0 o m o ilk ' A m vi o O 0 o Z n n _ 0 • II •... o I o! o 01 \ m A 0 0 ro 0f+i O amom �*• '1 HEN n �• SD m r- 51- 1 1 oo A� a.ao 8 C,R ag, 2,-.--1 O S a lv, mo a n n n0 m m o n m H o n O o w m C4 c A 0 ov m X Y K' ym . 4.0' 12.0' A m x C n C O P, O O D m • O z o tn ?3 O n m n q y O y 0 :.b A m Om 1 D4 ET < x a O o -0/ r a -O m o o z 4.«- I g -i 0 m 1 A o d x o I 30.0' 12.0' o o w - m , m m r. IA X _ L V) V) — V r A p K XI CCP 0 D o — o rn r v D o r m 0 O 2. VI y _ o LZ OVOa 11N(10o 013M 0 0 A 0 F 2 mo 0 Z C Z Or 0 A March 8, 2005 Weld County Planning Services 918 10th Street Greeley, CO 80631 Dear Planning Services: 1/We are in support of Anthony Brighman and JR McEntee's application for a 9-Lot Non- Urban residential subdivision to be located in part of the northeastern quarter of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. We understand this application is for 9 residential lots, 2 agricultural Outlots, and 2 other Outlots. Sincerely, a 1 Id WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street,P.O. Box 758, Greeley,Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: _ Date: RE#: Other Case#:____ 1. Applicant Name MBM Enterpdses,LLC c/o Anthony Brigham&JR McEntee phone(970169-0717 Address 6425 Clearwater Drive City I nveland State CO zip 80537 2. Address or Location of Access 32723 WCR 27 Section 19 Township 06N Range 66W subdivisbn Block Lot Weld County Road#: 27 Side of Road Distance from nearest intersection i@ 1/6 mile 3. Is there an existing access(es)to the property? Yes X No #of Accesses 7 4. Proposed Use: lJ Permanent &l Residential/Agricultural ❑ Industrial U Temporary U Subdivision ❑ Commercial U Other 5. Site Sketch Legend for Access Description: AO = Agricultural t RES = ResidentialJ EA, GO&O = Oil&GasD.R. = Ditch Road j. �'k ency 6 = House _O Shed z L. i�'',i�,Ivision A =Proposed Access r• = Existing Access Ni _ 4 (2),Ag(1) Ni 3 ,1.atm e i , C NOTE: Please see attached Plat Map for greater details. --1 �Un 3 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized Cl Information Insufficient Reviewed By: Title: i •N^ [, 11 I • 1 I!f I(. ill 1J it.� hi � t'1 l,' ,llisciiiiipl 111 I' Ipl( .,rib , {I I iii�61{ '!{•t' 'E 1;lilt!!il hil I€°6 `F s i i 111 11 IItj{(1: J. Jilllr!{1 �E[ asF ' a r {Iili(S��fil[! . itl(IIit!! Ili; leo 2i $ 5 0 @1IJ ,t,9I ��f}il1 II 1, •l1 i !1J1 Flays �i ! 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CD (414 3 � '• ..:'''._1•• ••0•::______________ ._._ �'— — ..... � s S.s3.A 'AG'i`5f�7`. .,.. a .- - —� O nil iii 1 I 1'1 N 0' i' i is It' o ' C►Ya !II ; 'i ' all 3 j' l` I E.; gtlI 111 � � _ i 31 D : { i : ;$_. t_jili �t i-I! fit to w f .; III 11 _ Si;'i 1 N , g I!` I ' •i- ' !� _; It M i .'i 5 , `l ai , a'i sI i S 1,k! r III ,,+Al w y ACCCL--1141 {j...JO i AN 15i I ,-, IYY 4fyY_Y ..1i} 4• • • • $1 O` y'z v t • itYlil-if19 • 1•1i1; 3 N Y. 'z 1 ice{{ S LP .,1. la isYiY� :;I:a`3 '1CW fill Ill' g Y' :•: f � s,ltf f j:' I y S 3 ■ia_ ;t. ,4 (�� ;d 4: Q .-a cn REFERRAL LIST Name: MBM LLC Case#PF-1089 County Towns&Cities Fire Districts X Attorney _Ault Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 X Sheriffs Office _Eaton _Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 X Building Inspection _Fort Lupton _Johnstown F-8 Z Code Compliance_N.-Ann_ _Frederick _LaSalle F-9 Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 Z Lin (Addressing Change of Zone) Gilcrest _Milliken F-11 Ambulance Services X Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 X Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 X Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont Wiggins F-18 _ Oil & Gas Conservation Commission _Mead X Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer South Hwy 66 (Loveland) _Northglenn X North Hwy 66 (Greeley) _Nunn Division of Minerals/Geology _Pierce Platteville Soil Conservation Districts X Severance Big Thompson/ FTC _Thornton _BoulderValley/Longmont X Windsor _Brighton/SE Weld Centennial Counties X Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs X School District RE-4 USDA-APHIS Vet Service _Central Colo. Water _ Federal Aviation Admin (Structures Left Hand Water _ over 200 ft or w/in 20000 ft of Pub X Greeley#2 Ditch Co. Airport _Art Elmquist(MUD Area) Federal Communications Comm X Noble Oil • 47.11" t (Urn County Planning Department i . : \Nadi 90,1 iiiiiGREELEY OFFICE Weld County Referral 'IiDc MAR 2 3 2006 COLORADO RECEIVED February 22, 2006 The Weld County Department of Planning Services has received the following item for review: a Applicant MBM Enterprises LLC Case Number PF-1089 C--------- -7 March 28, 2006 Planner Kim Ogle ----.—N.)/ / Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 < The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Nn en nnnn 1W Ad • Signature DOT I t - 'et-- Date J2,7 /6 CD Agency DOT /\ccpc5• (( ❖Weld County Planning Dept. 4918 10th Street, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax 02/27/2006 12: 22 970-686-6250 TOWN OF SEVERANCE PAGE 01/01 ‘it TrIVED iqed zOae County Referral WI g COLORADO February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 28, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots,two outlets and open space Legal Lot B of RE-3006; Pt NE4 of Section 19,.T6N, R66W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16,2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 1 ,34 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature °' i' '/ a �`�' Date Agency (/ Town of Severance a•Weld County Planning Dept. +918 108'Street,Greeley,CO. 80831 4(970)353-8100 ext.3540 4(970)304-8498 fax Weld Cetiaty Planning Department Sil! r!.11'r_ST i3WLDING Aitit 44 ;6 MAR 1 5 2006 E IV Weld County a errs C. COLORADO February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 28, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 sa.❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ate We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature C: Cq \ ( Date 3II(1f 06 Agency eetc,rp v. 31G („)t�d� +Weld County Planning Dept. +918 10'"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department r'S0Ia'riiwT1 {!UILDING \(�f p br MAR 2 8 2006 y /� 1tT' w1siLLtment cl/ , (orn I GREELJVVe1d CMAR County Referral . RECEI COLORADO ED February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Pe. .,.! By March 28, 2006 Planner Kim Ogle Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter.Comments: \I A c ern/I s/41_1.j •Signature ' j 11- 0--Q_om - I 0--Q_ Date p7 /OGon Agency ( DOT Act()c S +Weld County Planning Dept. 4918 10'h Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Kit a DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 give PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO 0GMONT CO88730 PHONE (7(720)652-4210 ext. 8730 FAX (720)652-4211 February 27, 2006 MBM Enterprises, LLC Planned Unit Development Final Plan for 9 residential lots, two outlots and open space. PF-1089 1. A separate building permit shall be obtained prior to the construction of any structure including the monument sign and any future entry way, and or gates. 2. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans (Monument sign)shall bear the wet stamp of a Colorado registered architect or engineer. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Sincerely, Roger Vigil Building Official lilt r241-: I eld County Planning Dept/d County Referral CGREELEY OFFICE VV� . MARX 7 2006 COLORADO RECEIVED February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 28, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ktSee attached letter. Comments: Signature �\ \ \ `` Date 3 - a L Agency \n-) Y) '9 (_ CO •:•Weld County Planning Dept.W❖918 10'h Street, Greeley, CO.80631 9(970)353-6100 ext.3540 9(970)304-6498 fax - Applicant:MBM Enterprises LLC Planner: Kim Ogle Case: PF-1089 t p'^1, tr tk t o 74' a • I • 1.4 'fi fit t t '1,"It,' ... '. *'4 � V " a - _ St sr 1 __---Y. y 0.4 0 0.4 0.8 Miles Viewl N \ / Highways Streams Majroads Lakes \' NLocroads Floodplain W ---.1171 Z E Rail field boundary S o . 0 & k ■ E a) .E. E a $ E C o e o $ Lo o a e 13 E I) < ■ § = § o % co ■ ; L = % 2 m o >. E $ o t § a >- 2 © e > c � c m o � C12 �2 0 o 1 § 2 k 0) g n @ « $ m .c e T° (0 _a a 2 (7) o EEk - la o mE5 co f >, o .c 0 k = . � a) r-: k ( 0 .- m a co S 0 0) u) 0 (0 § q A ct § / �o o i . $ 2 en k � co 0 � ' � 0) a 2a o u, u) ■ . 2 0 a) 5 co � kfa � o E 2 2 o C » 0 � q • eo \ C 2 § 2 Z v o J a) (1) c) � 7 c o U) co I e a _ E 7= Z co 2 U) a) Q. 2 oo 00 Iii _c .= m o 0 0) 0 = 0 g k c w l- m co , Q = 2 : $ CO a. 0 & # k E k - Y '� . § k 41) CO E 0 U f . . / $ .0 Z $ 2 2 c E 0 _ V $ a E g 2 \ a. U al E>, . kkk ~ •< - '`� Windsor-Severance 40 Fire Protection District March 3, 2006 S0I3fMc S'7 Weld County fl2nninn Department Weld County Planning Dept. 918 10th Street MAR 6 7006 Greeley, Co 80631 RE co- Attn: Kim Ogle Re: PF-1089, MBM Enterprises, LLC Prior to the issuance of any building permits the applicant shall provide to the fire district an electronic copy of the final utility drawing showing hydrant locations, street names, lot lines and addresses along with the emergency access. This electronic copy (CD) shall be provided in the following format as provided. If you have any questio s, please feel free to contact me at 686-9596 ext 305. -l �r�--- Cordially, � Captain, Mike L Davis Fire Prevention Division ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org Weld County Planning Department FQ F HWITST flI! MAR 8 7005 Windsor-Severance FireR ii Drawing Submittal Standards The purpose for the development of standards for drawing submittal to the Windsor-Severance Fire District is to establish a drawing format that is consistent among all engineering and development consulting firms that are working in the Windsor and Severance area. The standard will allow for faster processing of development proposals and better transition of approved developments into the limits of the Windsor-Severance GIS area. Base reference drawings, both digital and hard copy, conforming to this standard will be provided upon request to any development or engineering firm involved in regional development. Drawings submitted to the fire district that do not follow the standards outlined in this document will not be accepted by the district; therefore, they will have to be resubmitted in the proper format. Drawings submitted to the district will be referenced to no fewer than two known points such as a Public Land Survey System (PLSS) section corner or quarter corner or to a surveyed benchmark. Points must be field verified and described in the drawing. Lists of said points and projected drawings of said points are provided upon request. Digital format drawings are accepted in Autodesk(.dwg or .dxf), ESRI(.shp), MapInfo (.tab or .mif), or Microstation Design (.dgn) formats. Drawings submitted will be projected to State Plane NAD 83 Colorado North Zone, US foot datum. This datum is projected to the Lambert Conformal Conic, double parallel standard projection and requires no correction or rotation factor to be applied to the drawing. Further information about projection systems can be referenced at www.colorado.edu/geography/ecraft/notes/notes.html No standards for layer names or properties are being required at this time. OFFICE OF COMMUNITY DEVELOPMENT 1 t Planning Division a_Alli &, y 1100 10th Street, Suite 202, Greeley, Colorado 80631 • (970) 350-9780 • Fax(970) 350-9800 • www.greeleygov.com City of Greeley Weld County Planning Department March 6, 2006 SOUTHWEST BUILDING MAR 9 2006 Kim Ogle RECEIVED Weld County Department of Planning Services 918 l0`° Street Greeley, CO 80631 Subject: PF-1089 Mr. Ogle: Thank you for the opportunity to review this application for a 9 residential estate lots and 2 non-buildable agricultural lots PUD. The City of Greeley Planning staff has reviewed the application for this PUD from MBM Enterprises, LLC, south of and adjacent to State Hwy 392 and west of and adjacent to WCR 27 and wish to forward the following comments: The proposed PUD is within the City of Greeley's Long Range Expected Growth Area(LREGA) and the Greeley Municipal Area of Influence(GMAI). This is the area where development is expected to grow at urban densities. If the proposal is approved by the County the appropriate setbacks under the applicable zone should be maintained within the subdivision. Sincerely, (ti f: y yl in echnician SERVING OUR COMMUNITY • I T ' S A TRADITION 7h.) promise/o preserve andimprooe tie yual y o//,j /or✓9-reefery iL-0u9h fimelry, courteous and-cos/e//ecliue service. 3/16/06 TO: Kim Ogle FROM: Lin Dodge, Building Tech RE: PF-1089 Referral for Final Plat 1. I found Outlots 1, 2, 4 & 5 — where is Outlot 3? 2. My recommendation still is that the street name of"Bravo Point" include an identifier such as "Road" or "Way". SIERRA ACRES PUD Developer: MBM Enterprises LLC Case # PZ-1089 (Change of Zone from Ag to PUD) Todd Hodges PT NE4 19-6-66 Planner: Kim Ogle ZONED PUD/ESTATE W/ 2 AG OUTLOTS IS NOT IN FLOOD PLAIN (0606C) NORTH WELD COUNTY WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS POUDRE VALLEY REA LP HEAT WINDSOR/SEVERANCE FPD WINDSOR RE-4 SD QWEST COMMUNICATIONS GREELEY PO 9 RESIDENTIAL LOTS, 2 AGRICULTURAL OUTLOTS & OPEN SPACE FINAL ADDRESSING 3/16/06 Lot 1 32692 Bravo Point Lot 2 32690 Bravo Point Lot 3 32697 Bravo Point Lot 4 32705 Bravo Point Lot 5 32709 Bravo Point Lot 6 32715 Bravo Point Lot 7 32708 Bravo Point Lot 8 32698 Bravo Point —or- 32691 Bravo Point (depending on access) Lot 9 32695 Bravo Point Outlot 1 32959 CR 27 —or- 32719 Bravo Point (depending on access) Outlot 2 32696 Bravo Point (Bus Shelter) Outlot 3 Where is it? Outlot 4 32699 Bravo Point Oulot 5 If this is for a monument sign — it can be addressed the same as Outlot 2 (Bus Shelter) Lin Dodge, Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 10/20/05 STATE OF COLORADO OFFICE OF THE STATE ENGINEER of co� Division of Water Resources �F� Department of Natural Resources „� Weld Co^. ' r � .; Den Sherman So 80 Room 818 " */ Denver,Colorado 80203 Vt816,, Phone(303)866-3581 • 6 March 9, 2006 MAR 1 l_OOb FAX(303)866-3589 Bill Owens www.water.state.co.us Governor l t 1� Russell George t{ .a� _. .� t L.' Executive Director Hal D.Simpson,P.E. Mr. Kim Ogle State Engineer Weld County Planning Department 918 10th Street Greeley, Co 80631 Re: Sierra Acres PUD Case No. PF-1089 NE1/4 of Sec. 19, T6N, R66W, 6th P.M Water Division 1, Water District 3 Dear Mr. Ogle: We have previously reviewed the above referenced proposal to subdivide a 69.36-acre parcel, into nine single-family residential lots by our letters dated March 28, 2005 and August 19, 2005. Information from this submittal indicates that this is the Final Plat for this subdivision and water is to be provided by the North Weld County Water District (District). In our letter dated March 28, 2005 (copy attached) this office already rendered an opinion on the proposed water supply indicating that contingent upon water service being provided by the District, the proposed water supply will not cause material injury to existing water rights and the supply is expected to be adequate. Since no changes in the water supply for the Sierra Acres Subdivision were identified in this new submittal, the comments from our letter dated March 28, 2005 still apply including the recommendation that the County obtain a signed copy of the Water Service Agreement from the District prior to the final approval of the subdivision. If you have any question in this matter please contact Megan Sullivan of this office. Sincerely, fritzi ki Dick Wolfe, P.E. Assistant State Engineer Attachment: Subdivision letter dated March 28, 2005 cc: Jim Hall, Division Engineer George Varra, Water Commissioner, District 3 Water Supply Branch DW/MAS/Sierra Acres PUD STATE OF COLORADO OFFICE OF THE STATE ENGINEER ca•c• Division of Water Resources eR. Department of Natural Resources y _ 1313 Sherman Street,Room 818 *•sI• . Denver,Colorado 80203 March 28,2005 •187s• Phone(303)866-3581 FAX(303)866-3589 Bill Owens www.water.state.co.us Governor Mr. Kim Ogle Russell George Weld County Planning Department Executiv e Director 918 10th Street Hal D.Simpson,P.E. State Engineer Greeley,Co 80631 Re: Sierra Acres PUD Case No. PK-1089 Sec. 19,T6N,R66W, 6th P.M Water Division 1,Water District 3 Dear Mr. Ogle: We have reviewed the above referenced proposal to subdivide a 69.36-acre parcel into nine single-family residential lots. The daily water requirements were estimated to be 5,625 gallons for household use. No other water requirements were identified. The North Weld County Water District ("District") has been proposed as the source of water and a letter from the District indicating costs and terms has been submitted. However, it is not clear from this letter if the District has committed to service this property. From the terms of the District's letter, a 12-inch waterline will have to be constructed for which the developer must pay a portion of the costs. These construction costs are a part of an "Infrastructure Enhancement Fee", which must be approved by the District's Board of Directors before approval of a Water Service Agreement. Based on current information on file in this office, the District will typically furnish 70% of an acre-foot (228,000 gallons) of water per tap per annual water year if the allotment for the Colorado-Big Thompson (CBT) project water, as determined by the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the delivery as necessary when the CBT allotment is less than 50%. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion that with the District as the water supplier, the proposed water supply may be provided without causing material injury to existing water rights and the supply is expected to be adequate, provided the applicant obtain a letter of commitment for service from the District for this development. We recommend that the County obtain a signed copy of the water service agreement from the District prior to the final approval of the subdivision. If you have any question in this matter please contact Megan Sullivan of this office. -rely, lick Wol e, P.E. Assistant State En ineer cc: Jim Hall, Division Engineer George Varra,Water Commissioner, District 3 Water Supply Branch Subdivision File / DW/MAS/Sierra Acres PUD WINDSOR Town of Windsor 301 Walnut Street • Windsor. Colorado 80550 • 970-686-7476• Fa_ : 970-686-7180 • i, une.u+iadsorgor.cow COLO Weld County Planning Department S0 THWEST BUILDING MAR 2 3 2006 ` 1VEDED March 20,2006 Mr. Kim Ogle Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: PF Final Plat Application(PF-1089)—MBM Enterprises, LLC Dear Mr. Ogle: The Town of Windsor Planning Commission reviewed the aforementioned referral at its regular meeting of March 15, 2006. The applicants are requesting approval of a PF Final Plat Application in order to subdivide approximately sixty-nine (69) acres into nine (9) single-family residential lots and four (4) outlots. The minimum buildable lot size is two (2) acres and the maximum buildable lot size is three (3) acres, for an average lot size of 2.61 acres. The four (4) outiots total approximate forty-two (42) acres. Each buildable lot would have an individual septic system. The property is located at the southwest corner of State Highway 392 (SH 392) and Weld County Road 27 (WCR 27). This subject property is outside the Town's Growth Management Area and on the eastern edge of the Town's Community Influence Area. The subject property is depicted as Community Separator on the Town's Land Use Plan map. Since the Windsor Comprehensive Plan states that the Community Separator land use depiction provides for areas of open space and open lands which generally have little or no development, with the exception of agricultural activities, the proposed use and density appears to be consistent with Windsor's comprehensive plan. Based upon the proposed use being consistent with the Community Separator land use depiction of Windsor's comprehensive plan, the Town of Windsor Planning Commission recommends approval of the aforementioned PF Final Plat Application (PF — 1089) to the Weld County Department of Planning Services based on the following conditions. 1. The applicant shall dedicate additional right-of-way along Weld County Road 27 in accordance with Weld County's Standards. 2. The applicant shall dedicate additional right-of-way along SH 392 in accordance with CDOT's standards. 3. The applicant shall delineate the "Greeley No. 2 Ditch" easement as also being a"public trail easement". Thank you for the opportunity to review this proposal. Sincerely, &VI Diana Lonergan Associate Planner pc: Gale Schick, Chairman, Windsor Planning Commission Joseph Plummer,AICP,Director of Planning Anthony Brigham, applicant John McEntee,applicant Todd Hodges, Todd Hodges Design, LLC, applicant's representative Page 1 of 2 Jacqueline Hatch From: Peter Schei Sent: Monday, March 13, 2006 7:10 AM To: Mary Wohnrade Cc: Jacqueline Hatch; Brad Mueller; Perry Eisenach Subject: RE: Sierra Acres P.U.D. - PZ#1089 Importance: High Good Morning, Mary: The low bid is acceptable and providing the proposal is appreciated for PF-1089. Thank you. I know this is final plat administrative review, so I am going to forward this email to Jacqueline Hatch (who as I understand is filling in for Kim Ogle out on extended vacation). Let me know if there is anything I can do to help with this review. Have a good day, Peter. Peter SCHEL P.E.,N.S..P.E. Weld County- Public Works Department 1111 -H Street, Greeley,CO 80632 970.356.4000 x3750 pschei@co.weld.co.us "Welcome I tome - to Weld County" From: Mary Wohnrade [mailto:mary@wcecivil.com] Sent: Thursday, March 09, 2006 9:43 AM To: Peter Schei Subject: Sierra Acres P.U.D. - PZ #1089 Peter: I wanted you to know that I plan on revising the estimated cost of improvements contained in the Improvements Agreement for the Sierra Acres project. We will be using the costs submitted by the low bidder, which is Gerrard Excavating, rather than taking an average of the bids received, which I believe you and I discussed previously. I spoke with Anne Johnson at Todd Hodges Design, and she said that she had submitted a copy of the bid proposal from Gerrard to you for your information. Let me know if you have a problem with this revision. Mary B. Wohnrade, P.E. WOHNRADE CIVIL ENGINEERS, INC. Mailing Address: 337 W. Main Street Barrington, Illinois 60010 Phone: 847-381-2745 Fax: 847-381-2746 Colorado Office: 03/13/2006 Page 2 of 2 1269 N. Cleveland Avenue Loveland, Colorado 80537 Toll Free: 888-381-2745 Email: marv©wcecivil.com "IS 03/13/2006 MAR-27-2006 MON 02: 16 PM WINDSOR SCHOOL DISTRICT FAX NO. 971.686 5280 P. 01/01 Weld County Planning Department tzi,„, SOUTHWEST BUILDING MAR 2 8 2006 RECLIVED - FEB 2 4 2006 Weld County Referral imigC. COLORADO February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 28, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3D06; Pt NE4 of Section 19,T6N, R66W of the 6th P.M., Weld County, Colorado, Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 ,rym„ The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan yiWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: I ce. s '/y cC.' Ccwtcc'-'?S 11.451-ii-e— &zrt_. YYI.Pi. ,Ad -i,.i i- vs-e t u.ist5 Cash : -1..yet..- c 1 ce.nG( OLer -;4 Lel, ttAIL a w>_.a,vt-F `4JJ.-/q. 57 �v,- -e a_c-�- L a It tt.I fit. (4 I pJ qs i. B . Signature ��hu- I� , IAva-itA✓t- Date 3 7-7-61,0 Agency Wed o1 4--4 .-&kar 1 Lit sit (k )Weld County Planning Dept. *918 10'"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department coin-Loh/7T ",Ill-DING a ss MAR 8 0 2006 MEMORANDUM EVE TO: Kim Ogle, Planning Man DATE: 28-March-2006 FROM: Peter Schei, P.E., s Department COLORADO SUBJECT: PF-1089 Sierra Acres PUD (Final Plat) Weld County Public Works Department has reviewed these final plan materials and has the following development referral comments. Comments ❑ Public Works has reviewed(February 2006)Public Improvements Construction Plans for Sierra Acres P.U.D.,by Wohnrade Civil Engineers, Inc. labeled"Preliminary". The drawings are generally acceptable to Public Works. o The drawings must include a curve table to the references called out in the plans. o The Typical Asphalt Pavement Section—Bravo Point should remove any specifics pertaining to the thicknesses of materials, since a pavement design has not been submitted for this project. A general reference to an approved pavement design should replace any specifics of the typical section. o The Emergency Access Road Section should match any specifics pertaining to the thicknesses of materials, to the improvements agreement for this project. The contractor and Weld County Field Inspectors must be clear as to the construction of the emergency access road; especially material(s)and thickness(es). o The plans shall be resubmitted to Public Works. All drawings must be sealed(each sheet)by the engineer of record, before the Department will permit the case to proceed through the development process and before the plat may be recorded. • This is consistent with County Code: Sec 24-3-50. o Certified drawings will remain in the department's file for use during construction. ❑ Drainage Design Considerations for Sierra Acres P.U.D. — Final Plat Submittal, dated February 07, 2006, by Mary B. Wohnrade, P.E. (Colorado PE #30325) with Wohnrade Civil Engineers, Inc. (Project Number: 0413.00-MBM) is acceptable to Public Works. o The department will keep the sealed report in the case file for use during the construction phase. ❑ Storm water Management Plan for Sierra Acres P.U.D. —Final Plat Submittal, dated February 09, 2006,by Mary B. Wohnrade, P.E. (Colorado PE #30325) with Wohnrade Civil Engineers, Inc. (Project Number: 0413.00-MBM) is generally acceptable to Public Works. o The plan has included drawings labeled"Preliminary". o The plan should be resubmitted with sealed(each sheet)drawings by the engineer of record. ❑ Public Works has received a Engineering Geology Report for a Proposed Subdivision Part of the E%] of the Section 19, Township 6 North, Range 66 West of the 6th P.M. — Weld County, Colorado, dated July 26, 2004, by Thomas W. Finley, C.P.G. with Terra Logics Consulting,LLC(Job No. 04-1032). o The report recommends a separate geotechnical investigation for pavement design based on the appropriate soil and traffic conditions. o The applicant shall submit a pavement design prepared by a professional engineer (to Public Works for review and approval)prior to paving activities for the proposed subdivision. o The applicant shall be reminded that roadway base materials will be an item of recommendation from the pavement design. The sooner a pavement design is submitted, the more confident the contractor will be with the interior roadway construction. o The improvements agreement appears conservative to cover the proposed roadway construction. ❑ The applicant must submit two (2) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision. Page 1 of 2 ❑ The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance), which is acceptable to Public Works. The Board of County Commissioners prior to recording the final plat shall approve the agreement. ❑ The applicant or their agents may be required to obtain permits from Weld County Public Works: Utility Agent, for each utility. Additional permits may be needed for: Development Construction, and Stormwater. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat. *PC: PF-604 Antelope Estates PUD(Final Plat) Email&Original:Planner:Kim Ogle PC by Post: Applicant:Todd Hodges Design,LLC PC by Post: Engineer:Wohnrade Civil Engineers,Inc. Page 2 of 2 THE NEW CACHE LA POUDRE IRRIGATING COMPANY THE CACHE LA POUDRE RESERVOIR COMPANY _ (970)352-0222 Welt .. Et Fv• OFFICE pa'menf APR 4 20 06 ECE,VED March 28, 2006 R Kim Ogle, Planner Well County Planning Department 918 10th Street Greeley, CO 80631 Project: Case Number: PF-1089 Sierra Acres PUD—MBM Enterprises LLC Dear Mr. Ogle: We would like to have the center of the canal clearly identified, for the purpose of centering our easement with 75' each way on the plat prepared by Wohnrade Civil Engineers, Inc. for the development of Sierra Acres. We are requesting a Crossing Agreement be made with The New Cache LaPoudre Irrigating Company and MBM Enterprises LLC for the existing 18" steel pipe overchute going between the proposed retention and detention ponds. If you have any further questions please contact Don Magnuson at our office: 352-0222. Sincerely, Korey iller, Water Tech cc: Wohnrade Civil Engineers, Inc. 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 Wehl nl Goa a . „g Department UILDING APR 1 1 2006 rst, L* ; Memoran • 4 TO: Kim Ogle, W.C. Planning ig C DATE: April 4, 2006 FROM: Pam Smith, W.C. Department of Public COLORADO Health and Environment J CASE NO.: PF-1089 NAME: MBM Enterprises/Sierra Acres The Weld County Health Department has reviewed this Final Plan application. All plat notes and primary and secondary septic envelopes have been addressed on the Final Plat. A review of the covenants offers the following comments: 1. The language for the preservation and/or protection of the second absorption field envelope has been placed in Section 1.26 of the development covenants and is acceptable. 2. Section 1.26.03 regarding the management of the septic systems is commendable and not to be discouraged. However, the Department suggests that the language be modified to read 'All septic systems shall be inspected once per year and pumped every four years by a common company....' If an inspection determines that a system needs pumping more frequently than the regularly scheduled occurrence, a statement regarding that situation should be included. 3. Section 1.9 of the covenants references Commercial Uses. Specifically, the listed allowable activities on Lot 1 should be addressed. At no time in the application process has there been any discussion on the ability to board and train horses, conduct classes, or hold competitions or demonstrations. This appears to be a change in the application. O:\PAM\Planning\Final Plat\PF-1089 MBM aka Sierra Acres.RTF tuuuty Planning Department GREELEY OFFICE ?A6 APR 2 7 2006 ft 441/4Ti MEMORANDUM RECEIVED ITO: Kim Ogle, Planning Manag DATE: 25-April-2006 FROM: Peter Schei,P.E., Publi Department COLORADO SUBJECTI PF-1089 Sierra Acres PUD(Final Plat) 2 Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ Public Works has received a Subgrade Investigation and Pavement Design —Sierra Acres P.U.D. — Weld County. Colorado, dated January 19, 2006, by R.B. "Chip" Leadbetter, III, P.E. (Colorado PE #35516) with CTL Thompson Incorporated (Project No. FC03677-135),which is acceptable. o The pavement design section is shown on the roadway design construction plans. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of thefinal plat. `PC: PE-1059 Sierra Acres PUD(Final Plat)2 Email&Original:Planner:Kim Ogle PC by Post: Applicant: Todd Hodges Design,LLC PC by Post: Engineer: Wohnrade Civil Engineers,Inc. Page 1 of 1 11 EDUCATION FOR LIFE W ND S O R Stephanie R. Watson Assistant Superintendent Business Services Weld County Planning Depart GREELEY OFFICEment MAY 1 6 2006 RECEIVED May 4, 2006 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Case Number PF-1089 To Whom It May Concern: The District is in receipt of cash in lieu of land dedication fees in the amount of$10,931.13 for the referenced project. This amount will satisfy all District requirements in this regard as currently proposed. Sincerely, ck C p- Stephanie Watson Assistant Superintendent Business Scrviccs cc: MBM Enterprises, LLC WELD COUNTY SCHOOL DISTRICT RE-4 Business Services 1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-8000 • Fax (970) 686-5280 Weld County Planning Department SOUTHWEST BUILDING ��i� � MAY 2 4 2006 MEMORANDUM P ' C;EEVED TO: Kim Ogle, Planning Mana DATE: 23-May-2006 Wp Q FROM: Peter Schei, P.E., Pub Department C. COLORADO SUBJECT: PF-1089 Sierra Acres UD final Plat) sign-off Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant has submitted revised Public Improvements Construction Plans for Sierra Acres P.U.D. (PF-1089) sealed 04-May-2006, by Wohnrade Civil Engineers, Inc., which are acceptable to Public Works. o Certified drawings will remain in the department's file for use during construction. ❑ The applicant has submitted an additional three (3) sets of construction plans for use by Public Works' field inspectors, which are acceptable to our Department. ❑ Stormwater Management Plan for Sierra Acres P.U.D. — Final Plat Submittal, dated February 09, 2006, by Mary B. Wohnrade, P.E. (Colorado PE #30325) with Wohnrade Civil Engineers, Inc. (Project Number: 0413.00-MBM) is acceptable to Public Works. o The applicant has submitted sealed drawings by the engineer of record. o Certified drawings will remain in the department's file for use during construction. ❑ The applicant will be required to coordinate Department of Public Works—Permit Application Fees per Weld County CODE (Appendix 5-M), Ordinance 2005-7. An Invoice is attached. ❑ The applicant may proceed to the Weld County Building Department for an approved Grading Permit. ❑ This completes requirements requested by Public Works. Recommendation ❑ The Public Works Department effectively `signs-off on this development with no recognized issues. The Planning Department may proceed with this case,with no restrictions by Public Works.' •PC:PF-I089 Sierra Acres PUD(Final Plat)sign-off Email&Original:Planner:Kim Ogle PC by Post: Applicant: Todd Hodges Design,LLC PC by Post: Engineer: Wohnrade Civil Engineers,Inc. — — Page 1 of 1 INVOICE Receipt No. PUBLIC WORKS PERMIT APPLICATION DEVELOPMENT IMPACT FEES Date: 22-May-2006 WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 AccounUFund: GREELEY,CO 80632 970-356-4000,EXT.3750 APPLIC:AV'IYSI Applicant Owner: Street Address City State Zip Phone Number Fax Number Subdivision Name: Sierra Acres PUD Case# (PF-1089) Lot(s) Block(s) Sections(s) Township(s) Range(s) Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots 9 FEE: S('FIEI)I'LE QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) 9 Dwelling units $150.00/lot $1,350.00 NA Non-Dwelling Units $750.00/lot NA Offsite Road Agreements/Haul Route Agreement Review $500.00 NA NA Flood Hazard Development Permit $180.00 NA 1 Storm Water Permit $180.00 $180.00 NA Geologic Hazard Permit $180.00 NA NA Non-exclusive License Agreements $100.00 NA NA Fabrication and Installation of Cross Road Sign(Blue&white) $150.00 NA SUBTOTAL $1,530.00 TOTAL DUE $1,530.00 Reviewed by: Peter Schei, P.E. Title:Development Review, Public Works Date: 22-May-2006 o Cash o Check # o Money Order# By Date: r. at _ . _ _ _ _ 1269 North Cleveland Avenue Loveland, Colorado 805371(970)613-8556 Letter of Transmittal Date: 30-May-06 To: Mr. Kim Ogle Weld County Department of Planning Serivices Project MBM Sierra Acres Final Rat, PF-1089 Via: X Fax 720-652-4211 UPS Mail Overnight Pick Up Courier Hand Deliver We Transmit for your. Informatior:: Files Approval Correction Signature Return Number of Copies: Number of Pages: Remarks: Kim, Please see attached receipt for payment of cash-in-lieu from Windsor School District, payment of fees to Weld County Public Works, and a crossing agreement with New Cache la Poudre Irrigating Company. These items are provided to you for your files. FROM: Todd Hodges Design, LLC T 'd SLL6-Ef9-OL6 311 `u2Isa0 se2poH ppol e92 = 11 90 OE ReW EDUCATION FOR LIFE W NDSOR Stephanie R.Watson Assistant Superintendent Business Services May 4,2006 Weld County Planning Department 918 10th Street Greeley,CO 80631 Re: Case Number PF-1089 - To Whom It May Concern: The District is in receipt of cash in lieu of land dedication fees in the amount of$10,931.13 for the referenced project:This amount will satisfy all District requirements in this regard as currently proposed. • Sincerely, c pkan.LQr A (A- Stephanie Watson Assistant Superintendent Business Services cc: MBM Enterprises,LLC WELD COUNTY SCHOOL DISTRICT RE-4 • Business Services 1020 Main Street. - P.O. Box 609 • Windsor.CO 80550 • (970) 686-8000 • Fax (970) 686-5280 d SLLB-E19-0L6 311 `u2tsa0 sa2poH ppol e92 : II 90 OE Sew f\ Weld County Public Works Department la } 1, aipp4 1111 H Street Mailing Address: Greeley, CO 80632 P.O. Box 758 Phone: (970) 356-4000 x3750 Greeley, Colorado 80632 COLORADO or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP06-00064 Application/Permit Type: Miscellaneous/NA • Applicant Name: Bravo Interests LLLp Applicant Address: 6425 Clearwater Dr. Loveland, CO 80538 Receipt Number: 957 Payment Method: Check Reference Number: 1007 Amount Paid: $1,530.00 Payment Date/Time: 05/26/06 02:05:44 Cashier: Marj Caudill Comments: construction permit 1350.00; storm water permit 180.00 T8108-O Version 4.0 http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDe... 5/26/2006 E 'd SLLB-ET9-0L6 011 `u2csa❑ sa2poH PPOI e .2 : TT 90 OE pew CROSSING AGREEMENT THIS AGREEMENT, made this ll`r day of May, 2006, between THE NEW CACHE LA POUDRE IRRIGATING COMPANY, hereinafter the "Company", and BRAVO INTERESTS, LLLP of Loveland, Colorado, hereinafter "Second Party", WITNESSETH; In consideration of Ten Dollars ($10. 00) , and other good and valuable consideration, the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: PROJECT DESCRIPTION Operation and maintenance of an existing culvert over the canal for storm water flows from the property. LEGAL DESCRIPTION AND COKMON LOCATION The property is Lot B of RE-3006 in the NE1/4 of Section 19, Township 6 North, Range 66 West of the 6"' P.M. The crossing is located on the west property boundary and crosses the easement of the New Cache La Poudre Irrigating Company canal. THAT WHEREAS, the Company is the owner of a ditch and right-of- way, commonly known as the Greeley Canal No. 2, hereinafter the "ditch"; and WHEREAS, Second Party desires to acquire a certain right-of- way to cross the ditch of the Company as described above. The parties mutually further agree as follows: 1. The Company grants to Second Party a right-of-way and easement to operate and maintain said structure or device (hereinafter referred to as the "line" for convenience) over the ditch. 2. The Company grants to Second Party the right of ingress and egress to and from said crossing location, as necessary and reasonable for the exercise of the purposes of this agreement. 3. Exhibit A attached and incorporated by reference illustrates generally the location and extent of the crossing. Second Party is responsible to furnish accurate measurements and information to the Company. 4. Any work on the line shall be performed only after prior notice and submission of plans and specifications to the superintendent of the Company, and will be performed under the supervision of such superintendent. Field inspections will be conducted as needed. Any questions shall be resolved by the Company's superintendent after options and expenses are considered. 5. In the event any sum is expended by the Company for repair or maintenance of the ditch, which repair or maintenance is 1 4 'd 9LLB-619-OG6 311 `u2tsa0 sa2poH ppol et2 = TT 90 OC Sew necessary because of Second Party':, acts or omissions in constructing the line and crossing the ditch, or because of the existence of the line, or because of any leakage or breakage of the line, Second Party shall reimburse the Company for such expense. Determination of whether repair or maintenance is necessary, and whether an emergency exists, shall be at the discretion of the Company. 6. Operation and maintenance of the line shall be entirely without disturbance by Second party of the flow of water in the ditch, unless permission in writing is first received from the Company for such disturbance. Any subsequent repairs, replacements or maintenance that might affect the Company's use and operation of the ditch shall occur during a time period when the ditch is not being used to carry water, and be completed before that use begins. Second Party expressly agrees that it shall be liable to the Company and/or its shareholders in damages for any unauthorized disturbance of the flow of water through the ditch, to the extent that such disturbance is caused by or due to the activities of the Second Party or those working on its behalf. Upon completion of any activity upon the ditch right of way by the Second Party, it shall clean the ditch and ditch bank area to place is in the same or better condition than it was before the activity began, including the compacting of any disturbed soils. 7. In the event that the company finds it necessary to perform emergency repairs to the ditch, either now or at any future time, the Company shall be wholly without liability for damages to Second Party as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 8. Operation and maintenance of the line shall be entirely without cost to the Company. If necessary, the Company's attorneys shall be directed to review this Crossing Agreement, and to consult with Company officials or employees as to its contents and effect, and their fees and expenses shall be paid by Second Party, in addition to the consideration earlier recited. 9. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and manage the ditch as if this Agreement had not been made, and any expense or damages caused thereby to Second Party shall not be chargeable to the Company, except -as to such damage as may be caused by the Company' s negligence. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes upon the ditch right of way and within the ditch itself, shall not constitute negligence. In the event, however, that any such action on the part of the Company could reasonably be expected to affect Second Party, the Company agrees to give prior notice to Second Party, and to cooperate to avoid injuries or damages to the line. 10 . This Agreement and all the terms and conditions thereof 2 S 'd SLL9-E19-0L6 311 'u9isa0 sa9poH PPOl e82 : 11 90 OE ReW r� ^ shall extend Lo and be binding upon the successors and assigns of eacn of the parties hereto. This Agreement shall not be assigned by Second Party without the written consent of the Company. ii . The Company agrees to record this Agreement or an executed copy thereof at the expense of the Second Party, with the Clerk and recorder of the county within which the crossing is made, and furnish a copy of said recorded document to the Second Party. 12. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to whom notice is to be given, as follows: If to Company: P 0 Box 104 Lucerne, CO 80646 If to Second Party: Bravo Interests, LLLP 6425 Clearwater Dr. Loveland, CO 80538 or such other address as may be furnished to the other party by written notice. 13. Second Party shall not allow any other entity to cross the right-of-way granted, nor shall it add additional lines or other equipment within the crossing, without first obtaining the written permission of the Company to do -so, which permission can be withheld at the Company' s discretion. 14 . Second Party shall be liable for, and shall indemnify and hold Company harmless from, any damages that may occur or arise from the installation, maintenance, repair and continued existence of said line, including but not limited to any interruption of service, leakage, explosion, or other malfunction of the line, regardless of any assistance or supervision provided by Company. 15. This agreement is contingent upon, and shall not take effect until, the approval by the Board of Directors of the completed plans and specifications of the crossing, which approval must be in writing, signed by the president and attested to by the secretary of the Company, and the giving of notice of such approval to the Second Party. The Company's signature on the plans is also a part of its approval. No work shall commence until such notice is given in writing to Second Party. The Company may make suggested revisions to the plans and specifications, and if such revisions are fully agreed to by the Second Party in writing, with notice of such acceptance being given to the Company, then this agreement shall become effective upon receipt by the Company of such notice. The plans and specifications as approved shall be attached hereto as an exhibit and be recorded. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper persons, and have affixed their 3 9 'd SLLB-819-0L6 311 'u91saQ salpoH PPol eB2 : SS 90 OE Sew seals hereto on the day and. year first above written. THE NEW CACHE LA POUDRE IRRIGATING BY:COMPANY '/7 i ATTEST:By: W Its: Scca&—j 2,y SECOND PART ,- ji•� By: �/� Its: • Cr"Per c-( /41,--/A,071 ATTEST: (if necessary) By: Its: 4 L 'd Stte-ET9-OLE OTT `u9TsaO sa9poH ppoi e62 : IT 90 OE Sew Page l of 1 Kim Ogle From: Peter Schei Sent: Wednesday, June 21, 2006 9:55 AM To: Kim Ogle Cc: Perry Eisenach; Drew Scheltinga; Pam Smith Subject: RE: Final Plat... PF-1089 Sierra Acres PUD Importance: High Good Morning, Kim: Per Public Works' memorandum dated, 23-May-2006,the Department has signed-off on PF 1089 Sierra Acres PUD with no concerns. Thank you for checking with our Department. Have a great day, Peter. Peter SCHEL P.E..N.S.P.E. Weld County-Public Works Department 1111 -H Street,Greeley,CO 80632 970.356.4000 x3750 pschei1 ,co.weld.co.us "Welcome Home - to Weld County" From: Kim Ogle Sent: Wednesday, June 21, 2006 9:31 AM To: Perry Eisenach; Peter Schei; Drew Scheltinga; Pam Smith Cc: Kim Ogle Subject: Final Plats Planning Services is in receipt of two final plats currently under review. Question? Are the applicant's associated with PF-1032, Coyote Run PUD [Nolan Ulmer]completed all of the conditions as outlined in your memorandums? Second case is PF-1089, Sierra Acres PUD [MBM Enterprises], again, have the conditions as outlined in your memorandums been completed. Markham PUD has their Letter of Credit in for processing. Does Public Works have a Memorandum stipulating that the amount of the monies presented meets the financial obligation for the on-site improvements? Thanks for your timely response. Both applicant's are raring to go. Kim 06/22/2006 PETRoaNADA* Petro-Canada Resources (USA) Inc. July 7, 2005 MBM Enterprises J.R. McEntee 2707 Granada Drive Loveland, CO 80538 RE: Sierra Estates Subdivision Dear J.R.: Pursuant to our telephone conversation yesterday, this letter is to advise that Petro-Canada Resources (USA) Inc. has reviewed your plat of the proposed Sierra Estates Subdivision, and as currently planned has little or no impact on our oil and gas operations. You have clearly allowed for the 400' drilling windows on your plat of your subdivision. We reserve the right to be notified and involved in the PUD process as you progress forward. Please keep us informed of all hearings and meetings, as you progress forward. If you require anything further from us, please do not hesitate to call me at 303- 350-1179. It has been a pleasure working with you. Sincerely, (I) 1 �`�--`-`�---_ Cindi Danner-Weide, CPL Senior Landman Suite 400, 1099 18th Street • Denver,CO 80202-1904 Office:(303)297-2300 • Fax(303)297-7708 • www.petro-canada.ca YTh \c Pawnee Buttes Seed Inc. 10/28/05 J.R. McEntee 2707 Granada Drive Loveland, CO 80538 Subject: Reseeding Outlot 1-17.9 acres, Outlot 3 —23.9 acres Currently Outlot 1 has been summer fallowed to control weeds. I recommend that you plant 15 lbs. per acre of a long season grain sorghum or 20 lbs. per acre of a hybrid sterile forage sorghum around June ls`, 2006. More tillage operations may be needed to control weeds and to prepare a seedbed for the sorghum cover crop. The cover crop is a drought tolerant, competitive plant and should establish easily and grow until approximately September 15, 2006 when it will stop growing because the weather is too cool for this warm season crop. I recommend planting a native seed mixture similar to mixes used on the Conservation Reserve Program administered by the Farm Services Agency. Please see enclosed mixture. This mixture is drought tolerant and encourages wildlife. The mixture contains grasses, forbs and shrubs. This mix should be planted directly into the standing residue from the sorghum cover crop. The cover crop should not be disced, mowed, or cultivated in any fashion. Use a grass drill designed to plant this kind of mixture. This seed is small and fluffy and requires a grass drill for proper seed placement. Do not use a grain drill because grain drills will plant too deep and not distribute the seed evenly. This mixture should be planted between December 1s`of 2006 and May 1st of 2007 into the sorghum cover crop planted in June of 2006. Plant the seed preferably in December, January, or February. The spring of 2007 some cool season grasses may begin to germinate in March or April as well as certain cool season weeds. In May and June warm season grasses will begin to germinate as well as certain warm season weeds. Mow the weeds when the weeds are 1-2 feet tall. Use a rotary mower that shreds the weeds down to a height of 4-6 inches. The weeds may need to be mowed 1-3 times per year in 2007 and 2008 after which time the grass should dominate. Once the stand is established rotational grazing is very beneficial to keep the native species healthy and the weeds under control. Outlot 1 could sustain 1 horse for 1 year with supplemental feeding. Outlot 3 has an adequate stand of alfalfa. As this stand begins to thin out it can be renovated by spraying t e alfalfa with Roiundup in the fa 1 and interseeding a wildlife P.O. Box 100. 605 25th Street• Greeley,Colorado 80632. 800-782-5947. 970-356-7002 •Fax: 970-356-7263 Website:www.PawneeButtesSeed.com • E-mail: info@PawneeButtesSeed.com mixture between December 15c and May 151. The existing stand of alfalfa may be adequate cover for another 2-5 years. Thank you for requesting my assistance on Sierra Acres PUD. Good luck on your project. Call me if we need to address other issues. Sincerely, � — ,Ve` Don Hijar PAWNEE BUTTES SEED, INC. P.O. Box 100 - 605 25th Street Greeley CO 80632 Phone: (970) 356-7002 Fax: (970) 356-7263 Date: 11/3/2005 McEntee Native Prairie Mix Kind Variety Base % PLSIAcre Hachita Blue Grama 1.50 0.25 0.38 Bison Buffalograss 8.00 0.10 0.80 Lodorm Green Needlegrass 5.00 0.20 1.00 Sldeoats Grama El Reno 4.50 0.20 0.90 NativeWestern Wheatgrass 8.00 0.25 2.00 Purple Prairie Clover 0.30 Perennial Galllardia 0.30 Upright Coneflower 0.20 Black-eyed Susan 0.20 Plains Coreopsis 0.20 Winterfat 0.30 4-Wing Saltbush 0.40 100.00 6.98 Per pound Price: $12.00/PLS# Per acre price: $83.76 • Todd Hodges Design, LLC Landscape for Entry Island: Prototype v Cip Sign for Entry Island: Pro • ^" • �7 ;fit*$ • I 411 S 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(aearthlink.net i iz , y fin 0A no m vA xi m o 0cn N ri A O o = O D II I ::\c________cn 1 otio0p_ i _ no p C Upep¢ E. Nib A o • v x DoE a o m Q A R = om o C H O m w o m o C ti o • o m 0, 4.0' 12.0' 4 A m x s 14 0 a C 0 C O O 0• n o m D m n CD Z CI Q n A O i 0 a o y n a -0 m C r CO O K CO D _ � E;'. < o Z 0 r ,0 -0 o O2-4 A O Z w.- -c 2 23 d A d I 30.0' 12.0' c a I m • m .ti..., m M m x (I) m in 0 z NJ CO . %‘...\\\\. N.,..N...... ......„................--_-- -- - D D o r T1 n CO m in m D T. y C LZ OVO≥ A1Nf1OO O13M 2 x - o om I c s m March 8, 2005 Weld County Planning Services 918 10th Street Greeley, CO 80631 Dear Planning Services: I/We are in support of Anthony Brighman and JR McEntee's application for a 9-Lot Non- Urban residential subdivision to be located in part of the northeastern quarter of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. We understand this application is for 9 residential lots, 2 agricultural Outlots, and 2 other Outlots. Sincerely, WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street,P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE# : —_— Other Case#: 1, Applicant Name MBM Enterprises, LLC c/o Anthony Brgharn&JR McEntee Phone(970169-0717 Address 6425 Clearwater Drive City I oveland ._state CO zip__80537 2. Address or Location of Access 32723 WCR 27 Section 19 Township 06N Range 66W Subdivision _Block Lot„ Weld County Road #: 27 Side of Road Distance from nearest intersection R. 116 mile 3. Is there an existing access(es)to the property? Yea X No #of Accesses 7 4. Proposed Use: 131 Permanent t61 Residential/Agricultural U Industrial U Temporary U Subdivision U Commercial U Other 5. Site Sketch Legend for Access Description:AG = Agricultural /41 RES ��..JJJI EA:Ac Residential SH 392 O&G = Oil&Gas µ a j PA:Emergency D.R. = Ditch Road O = House ...... •.. 1144V . CI Shed i �Jil F-•-•PA:Subdivision r .: : 4_„-,-.I EA:Dig A =Proposed Access ,. ',' A = Existing Access in .*-.0 ' .1 t—EA:DitCh(2),Ag(1) N fi O Si .• r6 .? .ps i. NOTE, Please see attached I Plat Map for greater details. r------w-c13- 73i----- OFFICE1 USE ONLY: Road _ _ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size _ Length Special Conditions O Installation Authorized p information Insufficient Reviewed By: Title: c E�I�Ili Ilk • I litii'ii i lb to i 'II,wew IEE,t a fliii ! ` P ! filla ., i eI1IIi [ , lit . it ejIiItiiti! {ft li, i" e E 5 5 5l j i ill�i vs i t ':1 i.�! ai[et aY = , e Slk. !!ii ?' C !+I}bor.. 'hl Fa, If ait ` ` I o ;ilk. �4 i;{�1! 'Ii`?rl"`i III! 4.-fl si f 3 t s s s � imp IIli l I .IIII !eel d{t'F :SF. a € i - _ e91 o rlfiil e!I[l�( [l� 9IIIil II 1! [ F[fa: 4 i e " € ° 5 Y a 1" 1 dig" II [I! I� !Pill P 11€�' aic^t x a 1 S 8 t % F e t : ii` } I [ " 1, {/ l slilii [ a °eta- n ;6. i - ` i i % €" ( i 1 i ! 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I' N' ■�t 'j I lit /' i\ Ji . , .r'' Ili-.�;� i9', • -- Y 1' � 111 .1 -- 7 A Q 0) REFERRAL LIST Name: MBM LLC Case# PF-1089 County Towns &Cities Fire Districts X Attorney _Ault _Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 X Sheriffs Office _Eaton _Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Galeton_ F-6 Airport Authority _Firestone _Hudson F-7 X Building Inspection _Fort Lupton _Johnstown F-8 Z Code Compliance_N.-Ann_ _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) Garden_ City _Mountain View F-10 Z Lin (Addressing Change of Zone) Gilcrest _Milliken F-11 _Ambulance Services X Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 X Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 X Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board Longmont Wiggins F-18 Oil & Gas Conservation Commission Mead X Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn X North Hwy 66 (Greeley) _Nunn Division of Minerals/Geology _Pierce Platteville Soil Conservation Districts X Severance _Big Thompson/ FTC Thornton _BoulderValley/Longmont X Windsor _Brighton/SE Weld Centennial Counties X Greeley/West Greeley Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs X School District RE-4 USDA-APHIS Vet Service _Central Colo. Water _ _Federal Aviation Admin (Structures _Left Hand Water over 200 ft or w/in 20000 ft of Pub X Greeley#2 Ditch Co. Airport Art Elmquist(MUD Area) Federal Communications Comm X Noble Oil *i} 901 (Oin lvCounty Planning Department : :: ELEY Weld County Referral c. COLORADO RECEIVED February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Ehterprises LLC Case Number PF-1089 Ple By I March 28, 2006 Planner Kim Ogle Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Ikh COnly)t Signature �'� �-�- c/t�CQ - l Date /z7 /0(O Agency (✓ DOT /\Ccp• 5 5 +Weld County Planning Dept. ❖918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax 02/27/2006 12: 22 970-686-6250 TOWN OF SEVERANCE PAGE 01/01 V Ftd G 1006 County Referral COLORADO February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 26, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19,.T6N, R66W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16,2006 ❑y We have reviewed the request and find that it does/does not comply with our Comprehensive Plan }�4 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments; • Signature 447- Date Agency Town of Severance +Weld County Planning Dept. +918 10'"Street, Greeley.CO. 80631 4(970)353-8100 ext.3540 4(970)3048498 fax a Weld Catrity Pla: Wing Department SP 'w`1 Si BUILDING MAR 1 5 2006 E �� iggik Weld County a raEll COLORADO February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant MBM Enterprises LLC Case Number PF-1089 Please Reply By March 28, 2006 Planner Kim Ogle Project Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature C� /�' Date 3IL)l 0ti Agency \ („) Dire 11 ir'-�rrVve ❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Manning Department r'S091THW,'""t. C'tIILDlPdG .—• �Q��j�l� 4 MAR 2 S 2006 InJ f(ii; milil (Dia Wed d�Oun Y Planning rtment GREELEY OFFIC' 'ligMAR 2; JVeld County Referral C. RECE COLORADO �VED February 22, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant �/ MBM Enterprises LLC Case Number PF-1089 .�` March 28, 2006 Planner Kim Ogle �' Planned Unit Development Final Plan for 9 residential lots, two outlots and open space Legal Lot B of RE-3006; Pt NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, ` Colorado. Location West of and adjacent to CR 27; south of and adjacent to State Hwy 392 Parcel Number 0805 19 000057 I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) March 16, 2006 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Nh c a- -,- Signature arAA-CLi I _ I c Date Zl7 /6(D Agency DOT Acc a 15 / +Weld County Planning Dept. •'x918 10'h Street, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Hello