HomeMy WebLinkAbout20062429 LAND USE APPLICATION
SUMMARY SHEET
IiDe PLANNED UNIT DEVELOPMENT FINAL PLAT
COLORADO
CASE NUMBER: PF-1074
PLANNER: Kim Ogle
APPLICANT: Frank & Loretta Wright
ADDRESS: 22 Seven Hills Drive, Boulder, CO. 80302
REQUEST: Final Plat for Nine (9) residential lots with Estate Zone Uses and approximately 11.5
acres of common open space (Highview Ranch PUD)
LEGAL
DESCRIPTION: Lot B AMRE-3381; S2SW4 of Section 5, T1N, Range 68 West of the 6TH P.M., Weld
County, Colorado
LOCATION: East of and adjacent to County Road 3 and approximately 1/4 mile south of State
Highway 52.
ACRES: 74 +/- PARCEL NUMBER: 1467 05 200037
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Department of Public Works, referral received 5-4-2006
• Weld County Department of Public Health & Environment, referral received 5-12-2006
• Weld County Building Inspection, referral received 5-2-2006
• Weld County Sheriffs Office, referral received 5-17-2006
• State of Colorado, Division of Wildlife, referral received 4-21-2006
• State of Colorado, Division of Water Resources, referral received 4-18-2006, 6-3-2006
• Weld County Code Compliance, referral received 4-11-2006
• Colorado Department of Transportation, referral received 4-26-2006
• Town of Frederick, referral received 4-20-2006
• City of Dacono, referral received 4-24-2006
• Town of Erie, referral received 4-20-2006
• Mountain View Fire Protection District, referral received 4-18-2006, 3-27-2006
• St. Vrain Valley School District RE-1J, referral received 5-10-2006
The Department of Planning Services' staff has not received responses from the following agencies:
• Boulder Valley Soil Conservation District
• New Consolidated Lower Boulder Reservoir& Ditch Company
Highview Ranch PUD PF-1074 Page 1
2006-2429
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FINAL PLAT
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: PF-1074
PLANNER: Kim Ogle
APPLICANT: Frank & Loretta Wright
ADDRESS: 22 Seven Hills Drive, Boulder, CO. 80302
REQUEST: Final Plat for Nine (9) residential lots with Estate Zone Uses and approximately 11.5
acres of common open space (Highview Ranch PUD)
LEGAL
DESCRIPTION: Lot B AMRE-3381; S2SW4 of Section 5, Ti N, Range 68 West of the 6TH P.M., Weld
County, Colorado
LOCATION: East of and adjacent to County Road 3 and approximately 1/4 mile south of State
Highway 52.
ACRES: 74 +/- PARCEL NUMBER: 1467 05 200037
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 27-5-30
of the Weld County Code.
2. The submitted materials are in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a - The proposal is consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. The
proposed site is not influenced by an Inter-Governmental Agreement. The proposal is
consistent with the aforementioned documents as follows:
1. Section 22-2-60.C (A. Goal 3)—Provide mechanism for the division of land which
is agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity
development. Urban-scale residential, commercial and industrial development
will be discouraged in areas where adequate services and infrastructure are not
currently available or reasonably obtainable. The applicant is proposing a low
density residential development of 9 lots on 73.89 acres. The minimum lot size is
Highview Ranch PUD PF-1074 Page 2
4.5 acres with an overall density of one septic system per 8.2 acres which does
meet the current Department of Public Health's and Environment policy.
2. Section 22-2-60.D (A. Goal 4) — Conversion of agricultural land to nonurban
residential, commercial, and industrial uses will be accommodated when the
subject site is in an area that can support such development. Such development
shall attempt to be compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted, this land is
less conducive to agricultural production. The proposed PUD will be serviced by
Left Hand Water District for potable water and fire protection requirements.
Individual sewer disposal systems will handle the effluent flow. The surrounding
property consists of primarily single family homes to the North, South and West
on agricultural acreages. Carmacar Estates, the Peaks at Mountain View and
Summit at Mountain View Subdivisions are adjacent to the site. The majority of
the property slopes East to West, is vacant, and consists of long grass.
3. Section 22-2-210.D.2 (PUD.Policy 4.2.) -- A Planned Unit Development which
includes a residential use should provide common open space free of buildings,
streets, driveways or parking areas. The common open space should be
designed and located to be easily accessible to all the residents of the project
and usable for open space and recreation. Some Planned Unit Developments
may not require common open space depending on their type, density, or other
factors. The proposal includes 15.4 acres of open space (non-residential parcels)
located at the access to the subdivision, adjacent to the parcel perimeter and in
the Northeast corner of the site.
4. Section 22-2-210.D. 3. (PUD.Policy 4.3.) — Conservation of natural site features
such as topography, vegetation and water courses should be considered in the
project design. The site is primarily level with no significant natural features.
5. Section 22-2-210.F. 1. (PUD.Policy 6.1.) -- The development should provide for
perpetual maintenance of all commonly shared land and facilities. The County
should not bear the expense or responsibility of maintenance for any commonly
shared land or facilities within the Planned Unit Development. Conditions of
Approval and Development Standards ensure that any future work required to
maintain the open space shall be at the expense of the Homeowners
Association.
6. Section 22-3-50.8.1, (P.Goal 2) "Require adequate facilities and services to
assure the health, safety and general welfare of the present and future residents
of the County." The proposed PUD will be serviced by the Left Hand Water
District for potable water and fire protection requirements. Individual sewer
disposal systems will handle the effluent flow.
B. Section 27-6-120.6.6 - 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.
Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk
requirements of the E (Estate)Zone District.
The applicant has met the remaining performance standards as delineated in Section 27-
2-10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
Highview Ranch PUD PF-1074 Page 3
C. Section 27-6-120.6.c - That the uses which would be permitted shall be compatible with
the existing or future development of the surrounding area as permitted by the existing
Zoning, and with the future development as projected by Chapter 22 of the Weld County
Code or master plans of affected municipalities. The proposed site is not influenced by
an Inter-Governmental Agreement. The site is located within the three mile referral area
for the Towns of Erie and Frederick, City of Dacono and Boulder County. The Towns of
Erie and Frederick and City of Dacono in their referrals dated April 20, 2006, April
20.,2006 and April 234, 2006 respectively indicate that they have no conflicts with their
interests. Boulder County did not respond to the referral request.
D. Section 27-6-120.6.d - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Article II the Weld County Code. The proposed PUD will be serviced by Left
Hand Water District for potable water and fire protection requirements. Individual sewer
disposal systems will handle the effluent flow. At the time of the Change of Zone the
Weld County Department of Public Health and Environment indicated that the application
has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service.
E. Section 27-6-120.6.e - 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 applicant notes that
the development is urban-scale in design, which normally curb, gutter and sidewalk are
required. Curb & gutter influence the handling of stormwater. A request for a waiver from
curb, gutter and sidewalk has been granted by the Board of County Commissioners.
The applicant is proposing an interior roadway with 60 feet of right-of-way for two 12 foot
gravel lanes and two 4 foot shoulders. The Weld County Department of Public Works in
their referral dated May 4, 2006 states that the final roadway plan and drainage plan
drawings submitted by the applicant have not been stamped and sealed and will be
required to be signed, stamped and dated prior to recording the final plat. The Weld
County Public Works Department has reviewed the proposal and has determined that the
internal road right-of-way shall be sixty (60) feet in width including cul-de-sacs with a
sixty-five (65) foot radius, and dedicated to the public. The typical roadway section of the
interior roadway shall be shown as two 12-foot paved lanes with 4-foot gravel shoulders
on the final plat. The cul-de-sac edge of roadway radius shall be fifty (50) feet. Stop
signs and street names will be required at all intersections.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. The Department of Planning Services and Department of Public
Works shall require an Improvements Agreement in accordance with Section 27-6-120.6.f
of the Weld County Code for improvements to Highview Ranch PUD and all on-site and
off-site improvements.
The Department of Public Works in their referral dated May 4, 2006 states: This
development will introduce approximately 86 additional vehicle trips per day to the off-site
roadway system from the proposed 9 residential homes. The current Public Works capitol
improvement plan identifies CR 3 to be paved in 2007.
The applicant's proportion of the off-site traffic is as follows:
Existing background traffic= 150 aadt (average)
Applicant's traffic= 86 aadt
Applicant's proportion = (86)/(150+86) = 0.36 or 36%
Highview Ranch PUD PF-1074 Page 4
Applicant's contribution for half-mile paving costs = $150,000 x 0.36 = $54,000
Applicants contribution per lot= $54,000/9 lots = $6.000 per I.
The applicant shall submit a revised off-site improvements agreement to Public Works for
acceptance to proportionately share the cost of improvements to County Road 3.
The applicant has submitted an Improvements Agreements According to Policy
Regarding Collateral For Improvements. These agreements must be reviewed by Public
Works and shall be approved by the Board of County Commissioners (BOCC). The
Engineering and Supervision Costs in Exhibit A of the improvements agreement is
$4000. This figure is too low and needs to be revised to approximately$36,000, which is
about 10% of the total improvement costs.
G. Section 27-6-120.6.g - 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. Effective January 1, 2003,
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Weld Road Impact Program. The site does not lie within any additional
overlay districts and no commercial mineral deposits have been noted.
H. Section 27-6-120.6.h - Consistency exists between the proposed zone district(s), uses,
the specific or conceptual 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.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Final Plat for a PUD for nine (9) lots with Estate Zone Uses along with four(4) non-residential outlots
(15.4 acres) of open space is conditional upon the following:
1. Prior to recording the Final Plat:
A. The applicant shall provide the Department of Planning Services with a sign plan that
conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning
Services.
B. The applicant shall address the concerns/comments of the Department of Public Works
as stated in the referral response dated May 4, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Departments
of Public Works and Planning Services)
C. The applicant shall identify a road name for the proposed development and provide
written evidence from all applicable service agencies including Mountain View Fire
Protection District, the Weld County Sheriffs Office, Ambulance provider, and the Post
Office shall be submitted to the Department of Planning Services that the proposed name
is in compliance with their identification/naming protocol. (Department of Planning
Services)
D. The applicant shall address the concerns/comments of the Weld County Building
Department as stated in the referral response dated May 2, 2006. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
E. The applicant shall address the concerns/comments of the Weld County Sheriffs office
as stated in the referral response dated May 17, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
Highview Ranch PUD PF-1074 Page 5
F. The applicant shall address the concerns/comments of the State of Colorado, Office of
the State Engineer as stated in the referral response dated May 18, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
G. The applicant has submitted a draft Improvements Agreement According to Policy
Regarding Collateral for Improvements (Public Road Maintenance). The Agreement has
been reviewed and approved by the Departments of Planning Services and Public
Works. The applicant shall submit a signed copy of the Improvements Agreement, per
the requested amendments along with the appropriate collateral. The agreement and
collateral shall be approved and accepted by the Board of County Commissioners prior to
recording the Final Plat. (Department of Planning Services)
H. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed
the Restrictive Covenants and Home Owners Association Incorporation paperwork for
Nesting Crane Ranch PUD. Any changes requested by the Weld County Attorney's
Office shall be incorporated. (Department of Planning Services)
The applicant shall submit finalized copies and the appropriate fee ($6 for the first page
and $5 for each additional page)to the Department of Planning Services for recording the
Restrictive Covenants for Nesting Crane Ranch in the Office of the Clerk and Recorder.
(Department of Planning Services)
J. The applicant shall submit evidence that the Home Owners Association has been
recorded with the Secretary of the State. (Department of Planning Services)
K. The applicant shall submit recorded evidence that the Outlots have been deeded to the
Highview Ranch Home Owners Association. (Department of Planning Services)
L. The applicant shall submit a request to a Weld County Building Technician for lot
addresses. The subdivision street name and lot addresses shall be submitted to the
Mountain View Fire Protection District, the Weld County Sheriffs Office, Ambulance
provider, and the Post Office for review. Written evidence of approval shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
M. The plat shall be amended to include the following:
1. All sheets of the plat shall be labeled PF-1074. (Department of Planning
Services)
2. The applicant shall adhere to the plat requirements in preparation of the Final
Plat. The vicinity map shall be delineated at a scale of 1"-2000' and the Site Plan
shall be delineated at a scale of 1"-100' or 1"-200'. (Department of Planning
Services)
3. All changes required by the Weld County Utility Advisory Committee, dated May
11, 2006. (Utility Advisory Committee)
4. County Road 3 requires 55 feet west of the centerline. The existing right-of-way
and the documents creating the right-of-way for County Road 3 shall be indicated
on the plat. (Department of Public Works)
5. "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)
Highview Ranch PUD PF-1074 Page 6
6. Stop signs and street name signs will be required at all intersections.
(Department of Public Works)
7. The existing 30-foot access easement for emergency/oil and gas access along
the south property line and the proposed 30 foot oil and gas access easement
along the eastern end of the subdivision shall be designated on the change of
zone plat separately from Tract C. (Department of Planning Services)
8. The PUD entrance sign shall be indicated as no larger than 32-square feet.
(Department of Planning Services)
2. The Final Plat is conditional upon the following and that each shall be placed on the Final Plat as
notes prior to recording:
A. The Final Plat allows for PUD zoning for nine (9) lots with Estate Zone Uses along with
four (4) non-residential parcels (15.4 acres) of open space as indicated in the application
materials on file in the Department of Planning Services and subject and governed by the
Conditions of Approval stated hereon and all applicable Weld County Regulations.
(Department of Planning Services)
B. Approval of this plan may create a vested property right pursuant to Section 23-8-20 of
the Weld County Code. (Department of Planning Services)
C. No building permits shall be issued for the Non-buildable Tracts A, B, C, D, E, F, G and
H. (Department of Planning Services)
D. 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)
E. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
F. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements
shall apply to all temporary and permanent signs. (Department of Planning Services)
G. Water service shall be obtained from the Left Hand Water District. (Department of Public
Health and Environment)
H. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and
Environment)
I. 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. If primary and secondary septic envelopes are placed on each lot, language for the
preservation and/or protection of the absorption field envelopes shall be placed in the
development covenants. The covenants shall state that activities such as permanent
Highview Ranch PUD PF-1074 Page 7
landscaping, structures, dirt mounds or other items are expressly prohibited in the
absorption field site. (Department of Public Health and Environment)
K. A stormwater discharge permit may be required for a development/construction site
where a contiguous or non-contiguous land disturbance is greater than or equal to one
acre in area. Contact the Water Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information.
(Department of Public Health and Environment)
L. 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 Department of Public Health and Environment, a fugitive dust control
plan must be submitted. (Department of Public Health and Environment)
M. 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)
N. 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)
O. A separate building permit shall be obtained prior to the construction of any building or
structure including entry gates and signs. (Department of Building Inspection)
P. A plan review is required for each building. Plans shall include a floor plan. Residential
building plans may be required bear the wet stamp of a Colorado registered architect or
engineer. (Department of Building Inspection)
Q. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 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)
R. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
S. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code. (Department of
Building Inspection)
T. 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)
U. Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Highview Ranch PUD PZ-1074, Page 8
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
V. 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. Offset and setback requirements are measured to
the farthest projection of the building. (Department of Building Inspection)
W. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
X. The property owner shall be responsible for complying with the Performance Standards
of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of
Planning Services)
Y. 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)
Z. The site shall maintain compliance at all times with the requirements of the Weld County
Government and the adopted Weld County Code and Policies. (Department of Planning
Services)
AA. 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)
AB. 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)
AC. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of
the Weld County Code. (Department of Planning Services)
Highview Ranch PUD PZ-1074, Page 9
Clear Day Page 1 of 1
Donna Bechler
From: Kim Ogle
Sent: Monday,August 28, 2006 2:27 PM
To: Donna Bechler
Subject: RE: Improvements Agreement for Highview Ranch PUD
Attachments: Kim Ogle.vcf
Donna
In response to first question, staff comments were approved on June 9, 2006
In response to second question, contact Peter Schei at PW x 3749. Thanks, Kim
Kim Ogle
From: Donna Bechler
Sent: Monday,August 28, 2006 12:59 PM
To: Kim Ogle
Subject: Improvements Agreement for Highview Ranch PUD
Hi Kim,
I'm working on the collateral for Highview Ranch for Wednesday's agenda, but I don't have the paperwork listing
the date Planning Staff approved the Final Plan. Could you please send that to me. I also have a question
regarding the Agreement for Improvements for WCR 3. The Agreement states"WCR 3 from Highway 52 to
WCR 3," needs paving. Should the 2nd"WCR 3" be a different road number?
Thanks,
Donna
8/28/2006
4tsc DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
PHONE: (720) 652-4210, Ext. 8730
WIlD c FAX: (720)652-4211
COLORADO
April 6, 2006
Frank Wright
22 Seven Hills Drive
Boulder CO 80302
Subject: PF-1074- Request for a Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses,
(Highview Ranch PUD)on a parcel of land described as Lot B of AmRE-3381; Pt S2NW4 of Section 5, Ti N,
R68W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Utilities Advisory Committee for Thursday, May 11, 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 to any town or municipality lying within three miles of the property or if
the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Dacono, Erie and Frederick Planning Commission for their review and
comments. Please call Dacono at 303-833-2317, Erie at 303-926-2700 and Frederick at 303-833-2388 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Dacono, Erie and Frederick Planning Commission meeting to answer any questions the Commission members may
have with respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application within sixty(60) days.
If you have any questions concerning this matter, please call.
Respectfully,
ILiu� ctth� �cl
Kim Ogle
Planner
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, May 11,
2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley,
Colorado.
Members Present: Don Possalt, Doug Melby, Don Somer, Jerry Adams,
Also Present: Kim Ogle, Joe Wright
CASE NUMBER: PF-1066
APPLICANT: Mikal Torgerson
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E(Estate)Zone Uses along
with 28.4 acres of open space.
LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29.
Kim Ogle, Department of Planning Services presented PF-1066. This case was continued from the previous
meeting due to the adequacy of a water agreement. Mr. Torgerson does not have a signed contract. He has
submitted documentation showing a contract for water however the application is somewhat suspect based on
the type of information that North Weld County Water District asked for. Mr. Torgerson met with Mr. Lee
Morrison, County Attorney, to submit documentation that he has adequacy of water. Mr. Morrison has signed off
on this letter and staff is requiring Mr. Torgerson to provide the Department of Planning Services with a signed
contract prior to recording the plat. This was referred back to the Board of County Commissioners due to the
type of development so he was allowed not to purchase taps at the time.
Don Posselt added there are no signed documents at their office. They are not sure of how this project has come
about. The applicant still owes money for the review of plans to further the contract process. There is not a
water service agreement in place.
Jerry Adams asked if this case will be presented to the Utility Board again. Mr. Ogle indicated it would not since
the staff is asking for this additional condition. The final plat recording will be conditioned to state that once the
Board of County Commissioners approves this, a signed contract and contractual water service agreement will
need to be submitted to the Department of Planning Services. This will be referred back to North Weld County
Water District to verify and has met the obligations.
Jerry Adams clarified that staff is asking for approval based on those conditions. Mr. Ogle indicated staff would
like the approval of the easement layout of the utility plan with the understanding that the applicant will need to
submit the additional information.
There was no motion to approve based on this. The board would like to see this case again once the information
has been completed. Mr. Ogle stated this will be after the Board of County Commissioners which has not been
scheduled. Mr. Ogle suggested this be brought back before the Utility Board on June 8, 2006.
CASE NUMBER: PF-1074
APPLICANT: Frank Wright
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses.
(Highview Ranch PUD).
LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29.
Kim Ogle, Department of Planning Services presented Case PF-1074. Services are provided by Left Hand Water
District, Septic, United Power and Mountain View Fire District. There is a single point of ingress and egress.
This intersection comes to a T exchange with each end going into a cul-de-sac. The utility plans of record have
adequate easements around the lots with the exception of Lot 1 in the NWC of the site. There is no easement
along the west property line off of Highview Drive. It has been clarified that there is extra width on the side
easement of 30 feet but not on both sides.
Jerry Adams added the typical perimeter easements are 20 foot and there are some with additional while some
only indicate 15 feet. Those that do not meet that 20 feet are Lots 1,2, on western boundary, Tract A along the
north edge, Tract B, Lot 4, 5. Mr. Wright, applicant, indicated he is willing to amend those.
Jerry Adams asked the board for their opinion on the additional easement located in the NWC of the site or would
the provided 30 feet be adequate. The board had not concerns with this and indicated they would be in
agreement with the provided 30 feet.
Don Possalt moved to approved with the recommended changes. Don Sommer seconded. Motion passed.
Respectfully submitted,
Voneen Macklin
Secretary
HEARING CERTIFICATION
DOCKET NO. 2005-83
RE: CHANGE OF ZONE, PZ#1074, FROM THE A(AGRICULTURAL)ZONE DISTRICT TO
THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E(ESTATE)ZONE USES-FRANK AND LORETTA WRIGHT
A public hearing was conducted on November 23,2005,at 10:00 a.m.,with the following present
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 28,2005,and duly published November 2,
2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Frank and
Loretta Wright for Change of Zone, PZ #1074, from the A (Agricultural) Zone District to the
PUD (Planned Unit Development)Zone District for nine (9)residential lots with E(Estate)Zone
uses. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman,
Department of Planning Services,presented a brief summary of the proposal,entered the favorable
recommendation of the Planning Commission into the record as written,and gave a brief description
of the location of the site. He stated fifteen referral agencies reviewed this proposal,and thirteen
responded favorably or provided comments that have been addressed in the Conditions of Approval.
Mr.Gathman stated this PUD is defined as an urban scale development,since it is located in close
proximity to existing subdivisions and PUDs. He stated staff typically requires the installation of
curb, gutter, and sidewalks; however, the Planning Commission indicated those requirements
should be removed. He stated staff is not opposed to waiving the requirement, since the
neighboring developments do not have those improvements,and this proposal is onlyfor nine lots.
Mr.Gathman stated the Towns of Frederick, Erie,and Dacono indicated no concern,and the site
is not within any Overlay Districts. He stated the applicant has provided finalized Surface Use
Agreements with Anadarko,Encana,and Kerr-McGee,as well as a Discharge Agreement with the
New Consolidated Lower Boulder Reservoir and Ditch Company. In response to Chair Jerke,
Mr.Gathman reviewed the surrounding land uses,stated the site slopes away from Weld County
Road 3,and displayed photographs of the site and surrounding area. Responding to Chair Jerke,
Pam Smith, Department of Public Health and Environment, stated the site is 73.9 acres, the
minimum lot size will be 4.5 acres,and the largest lot will be more than 8.0 acres. In response to
Commissioner Geile, Mr.Gathman reiterated there are finalized agreements with all of the oil and
gas operators on the property.
2005-3190
O0 /°Z,"et) hit PL1798
HEARING CERTIFICATION - FRANK AND LORETTA WRIGHT(PZ#1074)
PAGE 2
Ms.Smith stated the minimum lot size is 4.5 acres,with an overall density of one(1)septic system
per 8.2 acres. She stated the site will be serviced by the Left Hand Water District,and most of the
lots will have conventional septic systems,with a few requiring engineered systems. She stated
the preliminary Change of Zone plat reflects primary and secondary septic envelopes;however,due
to the good soil conditions and large lot sizes,she is no longer requiring the envelopes. Ms.Smith
stated,at the Planning Commission hearing, she requested Conditions#2.G,#2.H,and#2.M be
deleted; however, those changes were not reflected in the Resolution of Recommendation.
Peter Schei, Department of Public Works, stated the PUD will be accessed from Weld County
Road 3 to the west,and the applicant has agreed to provide the additional right-of-way necessary
for a Minor Arterial, to be shown on the plat. He stated the traffic will contribute to existing dust
problems; however, this portion of Weld County Road 3 is slated to be paved on the Five-Year
Improvements Schedule. Mr. Schei stated staff has discussed an Off-Site Improvements
Agreement and proportional sharing with the applicant,and the internal road will be built to County
standards to be accepted for maintenance following the warranty period. In response to Chair
Jerke, Mr. Schei stated Condition of Approval #5.C addresses the Off-Site Improvements
Agreement.
Frank Wright, applicant, stated the site is approximately 74 acres, and he is proposing nine (9)
residential lots, with four (4) outlots for open space. The average lot size will be six (6)
acres,4.2 acres will become public right-of-way,and the proposed detention pond will be 1.8 acres.
Mr. Wright requested waiver of the requirement for curb, gutter, and sidewalks. Responding to
Chair Jerke, Mr.Wright indicated the location of the future oil and gas well. He further stated the
Covenants will address the types of homes and style of architecture that will be allowed, and the
Homeowners' Association will oversee maintenance of the open space and various other
responsibilities.
No public testimony was offered concerning this matter. Responding to Chair Jerke, Mr. Wright
stated he has reviewed,and agrees with,the Conditions of Approval and Development Standards,
as proposed and modified.
Responding to Commissioner Masden, Mr. Gathman stated the site is outside of any geologic or
subsidence areas. In response to Commissioner Vaad, Mr.Gathman stated the curb,gutter,and
sidewalks were not included as a Condition of Approval;however,it is referred to under Reason of
Approval paragraph#2.b.3. The Board agreed to strike the last two sentences of#2.b.3 and the
three Conditions of Approval referenced by Ms.Smith. Mr.Schei stated the Code does require curb,
gutter, and sidewalks for this type of development, and he suggested including language that
specifically waives that requirement. The Board indicated the public record will reflect its intent to
waive the requirement in this particular rural development for consistency with the surrounding area.
Commissioner Vaad moved to approve the request of Frank and Loretta Wright for Change of Zone,
PZ#1074, from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone
District for nine(9)residential lots with E(Estate)Zone uses,based on the recommendations of the
Planning staff and the Planning Commission,with the Conditions of Approval as proposed,and the
deletion of Conditions #2.G, #2.H, and #2.M, as well as the last two sentences of Reason of
Approval paragraph#2.b.3. The motion was seconded by Commissioner Masden, and it carried
unanimously.
2005-3190
PL1798
RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1074, FROM A(AGRICULTURAL) ZONE DISTRICT
TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR NINE (9)
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES - FRANK AND LORETTA
WRIGHT
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 23rd day of November,2005,at 10:00 a.m.for
the purpose of hearing the application of Frank and Loretta Wright,22 Seven Hills Drive,Boulder,
Colorado 80302, requesting a Change of Zone from the A(Agricultural)Zone District to the PUD
(Planned Unit Development)Zone District for nine(9)residential lots with E(Estate)Zone uses,for
a parcel of land located on the following described real estate, to-wit:
Lot B of Amended Recorded Exemption#3381;being
part of the S1/2NW1/4 of Section 5, Township 1
North, Range 68 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, the applicant was present at said hearing, and
WHEREAS,Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission,and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23(Zoning),Chapter 24(Subdivision),and Chapter 26(Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement. The proposal is consistent with the
aforementioned documents as follows:
1) Section 22-3-50.B.1 (P.Goal 2)states,"Require adequate facilities
and services to assure the health,safety,and general welfare of the
present and future residents of the County." The proposed PUD will
2005-3176
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CHANGE OF ZONE #1074 FROM A (AGRICULTURAL) TO PUD - FRANK AND LORETTA
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PAGE 2
be serviced by the Left Hand Water District for potable water and
Individual Sewage Disposal Systems will handle the effluent flow.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40, Bulk requirements-The applicant has chosen to
adhere to the bulk requirements of the E(Estate)Zone District for the
nine (9)residential lots.
2) Section 27-6-90,Signage-Section 27-2-90.C states,"Signagewithin
a PUD shall adhere to all requirements in Chapters 23,26,and 27 of
the Weld County Code, if applicable." The Department of Planning
Services has consistently required that subdivision signs adhere to
the size standards of signs for public and quasi-public uses,which
is 32-square feet, per Section 23-4-80 of the Weld County Code.
The applicant is proposing a sign that is larger than 32 square feet.
The Department of Planning Services recommends that the size of
the PUD entrance sign not exceed 32 square feet.
3) Section 27-2-190, Urban Scale Development,states,"Urban scale
developments are developments exceeding nine (9) lots and/or
located in close proximity to existing PUDs,subdivisions,municipal
boundaries or urban growth corridors and boundaries." The subject
property borders the Carmacar Estates, Peaks at Mountain View,
and Summit at Mountain View Subdivisions to the west and,
therefore, is considered an urban scale development.
c. Section 27-6-120.D.5.c-The uses which will be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code or master plans of affected
municipalities. The Towns of Frederick and Erie,and the City of Dacono, in
their referrals dated June 10, 2005, May 25, 2005, and June 15, 2005,
respectively, indicated no conflicts with their interests.
d. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27,Article II,of the Weld County Code.
The applicant has a signed Subdivision/Multiple Tap Purchase Agreement
with the Left Hand Water District. The Office of the State Engineer,Division
of Water Resources, in its referral dated June 9, 2005, indicated the
proposed water supply would not cause material injury to existing water
rights, and the water supply is expected to be adequate. However, the
Division of Water Resources indicated the requirement, as stated in the
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PAGE 3
Water Supply Information Summary, (.085 acre feet per lot) is low. The
Division of Water Resources is requesting the applicant confirm or correct
this estimate and submit a copy of the water tap agreement to the Division.
The Department of Public Health and Environment indicated, in its referral
dated June 15,2005,that the proposed PUD has satisfied Chapter 27 of the
Weld County Code in regard to water and sewer service.
e. Section 27-6-120.D.5.e-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 proposed PUD will be accessing off of Weld County
Road 3. The Department of Public Works, in its referral dated June 10,
2005, indicated Weld County Road 3 is classified as a minor arterial road
which requires 110-feet of right-of-way. The Department of Public Works is
requiring that this right-of-way(55-feet from the centerline of Weld County
Road 3)be dedicated on the final plat.
f. Section 27-6-120.D.5.1-An Off-Site Road Improvements Agreement and an
On-Site Improvements Agreement are in compliance with Chapter 24 of the
Weld County Code,and a Road Improvements Agreement is complete and
has been submitted,if applicable. The applicant is required to enter into an
Improvements Agreement and post adequate collateral for on-site
improvements and enter into an Off-Site Improvements Agreement to
proportionately share the cost of improvements to Weld County Road 3.
g. Section 27-6-120.D.5.g -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. Effective January 1, 2003, building permits issued on the
proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Program.
h. Section 27-6-120.D.5.h - Consistency exists between the proposed zone
district(s)uses,and Specific Development Guide. The submitted Specific
Development Guide accurately reflects the Performance Standards and
allowed uses described in the proposed zone district, as described
previously. The applicant is requesting that the Final Plan be administratively
reviewed,and the Department of Planning Services and Weld County Board
of Commissioners support this request.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Frank and Loretta Wright for a Change of Zone from the
A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone plat:
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PL1798
CHANGE OF ZONE #1074 FROM A (AGRICULTURAL) TO PUD - FRANK AND LORETTA
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PAGE 4
A. The plat shall be amended as follows:
1) All pages of the plat shall be labeled PZ-1074.
2) Weld County Road 3 requires 55 feet of right-of-way west of the
centerline. The existing right-of-way,and the documents creating the
right-of-way for Weld County Road 3, shall be indicated on the plat.
3) "Weld County's Right to Farm",as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
4) Front,side,and rear utility easements are not required to be indicated
on the Change of Zone plat and shall be removed.
5) The existing 30-foot access easement for emergency/oil and gas
access along the south property line, and the proposed 30-foot oil
and gas access easement along the eastern end of the subdivision,
shall be designated on the Change of Zone plat separately from
Tract C.
6) The PUD entrance sign shall be indicated as no larger than
32-square feet.
B. The applicant shall attempt to address the requirements of the Boulder Valley
Soil Conservation District, as stated in its referral received June 16, 2005.
Written evidence of such shall be provided to the Department of Planning
Services.
C. The applicant shall address the requirements of the Weld County Sheriff's
Office,as stated in its referral received May 23, 2005. Written evidence of
such shall be provided to the Department of Planning Services.
D. The applicant shall submit two (2)paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following,and that each shall be placed
on the Change of Zone plat as notes prior to recording:
A. The Change of Zone, PZ#1074,is from the A(Agricultural)Zone District to
the PUD(Planned Unit Development)Zone District for nine(9)residential
lots with E(Estate)Zone uses,as indicated in the application materials on
file. The PUD will be subject to,and governed by,the Conditions of Approval
stated hereon and all applicable Weld County regulations.
B. A Homeowners'Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
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CHANGE OF ZONE #1074 FROM A (AGRICULTURAL) TO PUD - FRANK AND LORETTA
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PAGE 5
Association is responsible for liability insurance,taxes and maintenance of
open space, streets, private utilities, and other facilities. Open space
restrictions are permanent.
C. Weld County's Right to Farm,as delineated on this plat,shall be recognized
at all times.
D. Signs shall adhere to Section 23-4-80 of the Weld County Code. These
requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from the Left Hand Water District.
F. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems
designed in accordance with the regulations of the Colorado Department of
Public Health and Environment,Water Quality Control Division,and the Weld
County Code in effect at the time of construction, repair, replacement, or
modification of the system.
G. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one(1)acre in area. The applicant
shall contact the Water Control Division of the Colorado Department of
Public Health and Environment at www.cdohe.state.co.us/wo/PermitsUnitfor
more information.
H. During development of the site,all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions,at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
I. In accordance with the Regulations of the Colorado Air Quality Control
Commission,anydevelopment that disturbs more than five(5)acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
J. If land development creates more than a 25-acre contiguous disturbance,or
exceeds six (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.
K. A separate building permit shall be obtained prior to the construction of any
building or structure, including entry gates and signs.
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PAGE 6
L. A plan review is required for each building. Plans shall include a floor plan.
Residential building plans may be required to bear the wet stamp of a
Colorado registered architect or engineer.
M. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently,the following have been adopted by
Weld County: 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.
N. 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.
O. 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 byChapter23 of the Weld
County Code.
P. Effective January 1,2003,building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
Q. 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. Offset and setback requirements are measured to
the farthest projection of the building.
R. Installation of utilities shall complywith Section 24-9-10 of the Weld County
Code.
S. The property owner shall be responsible for complying with the Performance
Standards of Chapter 27, Articles II and VIII, of the Weld County Code.
T. Weld County Government 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.
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U. The site shall maintain compliance,at all times,with the requirements of the
Weld County Government and the adopted Weld County Code and policies.
V. No development activity shall commence on the property, nor shall any
building permits be issued, until the Final Plan has been approved and
recorded.
W. The applicant shall comply with Section 27-8-50 of the 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.
X. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within thirty (30) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable).
4. In accordance with Weld County Code Ordinance 2005-7,approved June 1,2005,
should the plat not be recorded within the required sixty(60)days from the date the
Board of Commissioners Resolution was signed,a$50.00 recording continuance
charge shall added for each additional three(3) month period.
5. At the time of Final Plan submission:
A. The applicant shall submit a set of sign standards, as required by
Section 27-6-90.E.1 of the Weld County Code, for review and approval.
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PAGE 8
B. The applicant shall submit an On-Site(Private) Improvements Agreement
that addresses all improvements associated with this development, for
review and approval.
C. The applicant shall submit an Off-Site(Public)Improvements Agreement that
addresses improvements associated with Weld County Road 3.
D. The applicant shall submit development Covenants for Highview Ranch
PUD. Language for the preservation and/or protection of the absorption field
envelopes shall be placed in the development Covenants. The Covenants
shall state that activities such as permanent landscaping, structures, dirt
mounds,or other items,are expressly prohibited in the absorption field site.
The Covenants shall also address signage requirements and refer to the
Weld County Code as delineated in the PZ-1074 application materials.
E. The applicant shall provide the Department of Public Works with stamped,
signed, and dated final plat drawings.
F. The applicant shall provide the Department of Public Works with stamped,
signed,and dated final plat drawings and roadway/construction and grading
plan drawings, for review and approval. Construction details must be
included. Stop signs and streetway sign locations must be shown on the
final roadway construction plans.
G. The applicant shall provide a pavement design prepared by a professional
engineer, along with the Final Plan submittal.
H. The applicant shall submit a time frame for construction in accordance to
Section 27-2-200 of the Weld County Code.
Easements shall be delineated on the final plat in accordance with County
standards (Section 24-7-60 of the Weld County Code) and the Utilities
Coordinating Advisory Committee recommendations.
J. Final drainage construction and erosion control plans (conforming to the
Drainage Report)stamped, signed, and dated by a professional engineer
licensed in the State of Colorado, shall be submitted with the Final Plan
application. The Final Drainage Report must include the following:
1) A flood hazard review documenting any FEMA defined floodways.
The engineer shall reference the specific map panel number,
including date. The development site shall be located on the copy of
the FEMA map.
2) The 5-year storm and 100-year storm drainage studies shall take into
consideration off-site flows both entering and leaving the
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PAGE 9
development. Increased runoff due to development will require
detention of the 100-year storm developed condition while releasing
the 5-year storm existing condition.
3) The applicant shall prepare a construction detail fortypical lot grading
with respect to drainage forthe final application. Front,rear,and side
slopes around building envelopes must be addressed. In addition,
drainage for rear and side lot line swales shall be considered.
Building envelopes must be planned to avoid stormwaterflows,while
taking into account adjacent drainage mitigation.
K. The applicant shall submit all proposed street names and lot addresses
evidence to the Weld County Department of Planning Services for review
and approval by the Mountain View Fire Protection District,Sheriffs Office,
Weld County Paramedic Service, and the Post Office.
L. The applicant shall submit three (3) copies of the Bylaws and Articles of
Incorporation for the Homeowners'Association, for review and approval.
M. The applicant shall contact the Vegetation Weed Management Specialist with
the Weld County Department of Public Works at(970)356-4000,Ext.3770,
to develop a Weed Management Plan. The approved plan shall be included
in the Final Plan application.
N. The applicant shall address the requirements of the Weld County Sheriff's
Office,as outlined in the referral dated May 23, 2005. Written evidence of
such shall be provided to the Department of Planning Services.
6. Prior to recording the final plat:
A. Original copies of the approved Covenants and Bylaws and Articles of
Incorporation for the Homeowners'Association,along with the appropriate
recording fee(currently$6 for the first page and$5 for subsequent pages),
shall be submitted to the Weld County Department of Planning Services.
The applicant shall submit Certificates from the Secretaryof State showing
the Homeowners' Association has been formed and registered with the
State.
B. The applicant shall enter into an On-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
C. The applicant shall enter into an Off-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements. This agreement
shall be approved by the Board of County Commissioners.
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PAGE 10
D. The applicant shall address the requirements of the Mountain View Fire
Protection District,as outlined in its referral dated May 27,2005,in regards
to approval of fire hydrant locations. Written evidence of such shall be
provided to the Department of Planning Services.
E. The applicant shall provide evidence that the voluntary capital mitigation fee
has been paid,along with the fee-in-lieu-of-land dedication,as stated in the
agreement with Saint Vrain Valley School District RE-1J.
F. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arcinfo
Coverages and Arcinfo Export files format type is.e00. The preferred format
for Images is .tif(Group 4) ... (Group 6 is not acceptable).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
Let\ ELD COUNTY, COLORADO
' /
ATTEST:
4 illiam H. J: e, Chair
Weld County Clerk to thefiiP
BY: u ) �ar1 ee C •�n�r� M. . ..eile, ro-Tem
D: 'uty Clerk to the Boa a
Da • E. Log \ I
APP A M. \) +I
Robe D. Masd-n
unty orney /,/� , ,,so
1
Glenn Vab• -
Date of signature: �ZI2�I�5
2005-3176
PL1798
APPLICATION
� r
PLANNED UNIT DEVELOPMENT(PUD)FINAL FLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# - /S CASE#ASSIGNS):
APPLICATION BY PLANNER ASSIGNS):
Parcel Number 1 4 4 7 -2_5_-_2_- Q-Q7 7
(12 dpi number-fastsai Tax ILL Sh..1 on.obtainable at the Weld Cantyl essor'sOffice,ormew.coseld.caus).
(Include ere lots being included in the application aea,If additional space is regi6red,ate an addle[sheet)
Legal DescrWionLot B AMR& 3381 S 1/2,N 114 seorion�5 Trip 1 North.Range 68West
PropertyAddrees(lfApl fx lle) Highway 52 and JCR 3 Erie
Existing Zone District: AG Proposed Zone DistrictiflM Total Acreage 13.89 Proposed#[Lots NINE
Average Lot Size: 6 Acres Minimum Lot Size:4.5 Acre Proposed Subdivision Name: Riahview Ranch
Proposed Area(Acres)Open Space: 1 S ecres (13.4 ninon Spare. 2 Ar-re=ea sempnt _ ffrir
detention
Are you applying for Conceptual or Specific Guide? Specific
FEE OWNER(S)OF THE PROPERTY Ofaddt5arial space is required,ate,an additional sheet)
Name Higlnriew Development, LLC Frank Wright, Manager
Wart Phone#303-440=0381Home Phone#303-440=0381 Email Addressflwriaht@cooper.net
Address: 22 Seve_n Hi)l s ?Drive
City/StatelZlp Code Raul dpr, CO 80302
APPLICANT OR AUTHORIZED AGENT Mee 8eloir-Ar6rmfiafin roust accompany apprcalow sic"Red byq dgeent)
Name: Frank Wright
Work Phone#101-440-038'p-lome Phone#303-440-0381EmiatlAddressflwriaht@copoer.net
Address: 22 'Seven Hills• Drive
City/State/Zip Code Boulder. CO 803_02
UTILITIES: Water Lett Rand Water District PO Bait 210Mess CC505440210Cmacted Terri Mapasan
sewer: LSOS ladeidedSepticMooed System Weld Camay Dept afPtbeHealth 1555 N 17 Ave Cyestey 80631
Gas: Kinder Morgan 323?S :etRmkridcCO80530Coaa4dxaollBaym
Electric United tower laSSI E 160`Ave Brighton CO 8060! Coma.-t.Comacted aalMeier
Phone: Lffilffit PO Box 173754 Dmrer W 8W02407
DISTRICTS: School: St Vrain Valley School District 395 5 Pun lamp lmssiser A 80301 ConfactesiGes Sffime -
Fie: Mountain View Are Distinct 909 Cony Line Rd t.®amm.Co 20501 Cmmeied La Aaa Peufald-The Mamba
pest tole Rost Unit USPO 150 Wdb Sr Ede,CO W516-999s Ceorxmd Costs Bathes Postmaster
I(We)hereby depose end state underpenalhes ofpwfurythat all statements,proposals,end(orplanssidtmkted With or contained
within the appiimfon are true and coned to the best of my(oui)lmowledge Signatures of aurae osmers of
property must sign
this application_ if an Mffwxizod Agent signs,a letter of authorizatbn horn alike ant-rn mrS be chided will the applcatiort
If a corporation is the fee owner,notarized evidence must be included Indicating the signatory has the legal aufhogyto sign for
the corporation.I(we),the reigned,hereby request the Department of Planning Services to review this POD Final Plat or
request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the POD
Final Plat for the above described unincorporated area of Weld County,Colorado:
-coon, k C �.(c{Cc\I 3-2 -n;
Signature:Owner or AuthormadAgent Date Signalize:Owner or Authorized Agent Date
-10-
03/16/1996 05:23 3034431221 WRIGHT PAGE 01
Frank Wright
22 Swan IBIis Dr.
Boulder,CO 50302
303440-0381
303.443-1221 Fax
P w -r.m.1 $ .K p I I n r
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To: V I M O Fax: 1 -2_ O -- C7 SZ ztt
From: -�CrrY1 k W U v Date: S-- 1 2 -O to
Re: (l2'rr r�n/ltQ �'�o+n. c37 " P'+9es: 2 at1
CC:
❑Urgent 12,For Review ❑Please Comment ['Please Reply ❑ Please Poanyd
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03/16/1996 05:23 3034431221 WRIGHT PAGE 02
Subject: PZ— 1074 Highview Ranch Water Consumption Calculations
Standard water consumption calculations generally used for planning purposes by different water
districts.
Generally rural residential lots are calculated using the following:
1. Persons per unit—2.2
2. Consumption per person— 100 gal/cap/day(gpcd)
3. Livestock(horses)—maximum of 18 gal/animal/day
Using these numbers for the 9 lot subdivision,and estimating 2 horses per lot,we
calculate the following consumption:
9*2.5*100*365=821,250 gal/year
= 109,785 ft 3/year
=2.52 Ac-ft/year
Horse consumption= 18 animals*18 gal/day/animal=324 gpd
324 gpd= 118,260 gal/year
15809 fl"3/year
— 0.3629 Ac-ft/year
The total preliminary calculation with out irrigation
=2.88 Ac-ft/year
=0.32 Ac-ft/year/house
Calculations prepared by;
Chris Huffer
EHRHART GRIFFIN&ASSOCIATES
P.O.Box 930
568 Briggs Street
Erie,Colorado 80516
(303)828-3340
(303)828-3418(fax)
The Water Supply Information Summary are adjusted to reflect these new calculations.
Estimated requirements were 0.765 acre-feet, or 0.085 acre feet per lot,
are changed to 2.880 acre-feet, or 0.320 acre feet per lot.
These new estimates were shared with Left Hand Water District,Terry Magnuson PC,
6800 Nimbus Road,Longmont,Co 80503.303-530-4200.Terry Magnuson said that the new
figures were still within District use requirements.
Page 1 of 1
Kim Ogle
From: Jesse Hein
Sent: Wednesday, May 31, 2006 11:58 AM
To: Kim Ogle
Subject: PF-1074 Improvements
Kim,
I'm sending two updated/revised improvements agreements through interoffice mail for PF-1074. One is an
edited exhibit M for the improvements agreement and a revised agreement for WCR 3 that meet county
standards. Public Works has no concerns with these items being scheduled with the Clerk to the Board.
Jesse Hein
Weld County-Public Works Department
1111 -El Street
Greeley,CO 80632
970.356.4000 x3750
lhein(aco.weld.co.us
05/31/2006
Weed Control Management Plan
1. Name Highview Development, LLC Frank Wright, Manager
Address 22 Seven Hills Dr.
City, State and Zip Boulder, CO 80302
2.Legal Description—Lot B S 1/2, NW 'A, S5T1NR68W
Parcel Number— 1467-05-2-00-037
3. Brief description of land and current use(s).
The 74 Acres are currently being Dryland Wheat Framed
4. Future plans for the land.
9 lot subdivision
Average lot size is 6 Acres with 15 acres of open space
5.Description of weed infestation. (Answer B or C)
A. Weed Species. B.Acres Infested. C. Percent
infested
General annual weeds 74
Such as Cheatgrass, Kochia,
Russian thistle
D. Specific location of infestation(s) on land. (Wetland, along ditch, fence line, etc.)
Along the fences and along WCR 3, the rest is presently a 3 month old dryland wheat crop
mak WELD DE
Pue(.�c WORKS DEPi�rrn�ENTNr
COLORADO 1111 H (970)309-6496 EXT.3770
POST OFFICE BOX 756 FAX(970)304.6497
TINABOOTON GR133EY,COIORADO80532-0756 mootonewaa mco.us
WEED DMSION SUPERVISOR
6.Management Plan
A. Techniques I will use to keep the noxious weeds from going to seed,
that will also reduce infestation.
If one finds Canda thistle, Musk or Scoth thistle or Russian Knapweed they
will be controlled with a spot treatment of 1) Milestone @ 5-7 oz /acre
Or 2) Weedmaster @ 1gt/acre
Or 3) Curtail @ 2 qt/acre
Musk or Scotch thistle a shovel or mowing will be used to control.
B. Implementation schedule.
Canada thistle - mowing will occur in June, depending upon the growth stage
of the plant. Spraying will occur in the fall - September or October.
Or as the weeds are found.
C. Anticipated length of implementation (years).
3-5 years.
Landowner Signature . n n k ,^ 1�cL 7 cob
Date:
4,v Q tre.,, LLC
HIGHVIEW RANCH PUD Developer: Frank Wright
PZ-1074 (Change of Zone from Ag_to PUD) Planner: Chris Gathman
PT S2NW4 5-1-68
ZONED PUD/ESTATE
IS NOT IN FLOOD PLAIN (0850C)
IS NOT IN STORM WATER PROJECT AREA
RIF AREA #3
LEFT HAND WATER DISTRICT
ENGINEERED INDIVIDUAL SEPTIC SYS I tMS
NATURAL GAS - KINDER-MORGAN
UNITED POWER
QWEST COMMUNICATIONS
ST VRAIN VALLEY SD
MOUNTAIN VIEW FPD
ERIE PO
STANDARD ESTATE ZONE BULK REQUIREMENTS
9 RESIDENTIAL LOTS W/OPEN SPACE
Lot 1 5627 Highview Drive
Lot 2 5623 Highview Drive
Lot 3 5615 Highview Drive
Lot 4 5611 Highview Drive
Lot 5 5612 Highview Drive
Lot 6 5616 Highview Drive
Lot 7 15620 Highview Drive
Lot 8 5624 Highview Drive
Lot 9 5628 Highview Drive
Lin Dodge, WC Building Tech
KINDE4MORGAN
June 16, 2005
Frank Wright
Highview Ranch
22 Seven Hills Drive
Boulder, CO 80302
RE: Highview Ranch Subdivision
Erie, CO 80516
Dear Frank:
In regard to your recent inquiry regarding the availability of natural gas to the
proposed Highview Ranch Subdivision in Erie, CO, Kinder Morgan, Inc. pipe
lines can provide adequate supplies of natural gas for your present projected
load demand.
It is the desire of Kinder Morgan to serve new and existing developments in our
service territories. As your project progresses, please allow us to provide your
firm with any additional information as necessary. You may rely on us to provide
you with exceptional utility service.
If you need additional information or I can be of further help, please call me at
(303) 763-3532.
Thank you forth pportunity to serve you,
Steve Bracken
Field Coordinator
Kinder Morgan, Inc.
Cc: Dan Pickett
3766 Eureka Way Unit#1 Frederick, CO 80516
LIST OF MINERAL OWNERS AND MINERAL LESSEES
(Wright)
Subject Property:
Township 1 North. Range 68 West,6th P.M.. Weld County. Colorado
Sec. 5: Lot B of Corrected Amended Recorded Exemption No. 1467-05-2-
RE3381, being a part of the S'/:NW'/,
Crews & Zeren, LLC, a mineral title company, states that to the best of its
knowledge the following is a true and accurate list of the names and addresses of the
mineral owners and mineral leasehold owners having an interest in the Subject Property,
based upon the real property records of Weld County, Colorado, as same were verified at
April 1, 2005. A facsimile or photocopy of this list shall, for all purposes, be as valid as the
original hereof.
Dated this 14'h day of April, 2005.
CREWS & ZEREN, LLC
By: William G. Crews, CPL
Certified Professional Landman #3477
Mineral Owners: Mineral Lessees:
Anadarko Land Corp. EnCana Energy Resources, Inc.
Attn: Mgr. Property & ROW 370 16th Street, Suite 1700
P.O. Box 9149 Denver, CO 80202
The Woodlands, TX 77387-9147
Anadarko E&P Company LP
Attn: Manager Land, Western Division
P.O. Box 9149
The Woodlands, TX 77387-9147
Crews eteZeren,LW
MineralTitk Services
P.O. Box336337 (970)351-0733
Cgree(eg, CO 80633-0606 Page 1 oft lax(970)351-0867
HIGHVIEW RANCH STATEMENT INDICATING THAT PROPOSED PUD IS
IN COMPLIANCE
The following statements are to indicate the Highview Ranch PUD is in compliance and meets all
criteria set forth in the change of zone.
The change of zone PUD plan has proposed 9 residential lots with an average of 6 acres per lot, which would
be in compliance with the criteria set forth in the change of zone. Also compliance with the following criteria:
First. Visual and aesthetics' of the PUD residential designs will be compatible and in compliance with
the surrounding neighborhood. There is no wildlife, radioactive material, vegetation or wetlands to remove so
this criterion is taken care of. The Public Works Department has determined that the increased in traffic, can be
handled by the county and thus the PUD will be in compliance with traffic impact concerns. Large acreage lots
will meet the criteria for handling individual septic systems. Erosion and sedimentation if any will be controlled
with the criteria set forth in the erosion control plan. The environmental impacts such as noise, dust, order etc.
have been addressed and will have little to no impact on the neighbors or the environment as proposed. The
large acreage lots, the great distances from other homes, the use of water to control dust, will all help to control
these items and aid in compliance.
Second. The service issues such as water, schools, law enforcement, fire protection, transportation
have been addressed and the PUD will be in compliance with the criteria set forth by these agency. For
instance the school district has a new high school able to accommodate additional students form the PUD. As
for the elementary school accommodation, the PUD has met their criteria with a signed agreement for money to
build a new school in the future. The PUD and the county have an agreement for money from the sale of each
lot for paving WCR 3 in 2007. The Sheriff, Fire Department and Post office have reviewed the PUD and their
criteria, has been addressed and the PUD is in compliance. Such criteria as having their approval for the
addresses, signage for the addresses, number and placement of fire hydrants, post office boxes, an school bus
stop. The PUD has commitment letters from the utilities companies to provide the water, gas and electricity to
the PUD and the utility maps designed by engineers to be in compliance. Also signed agreements for storm
water runoff have been signed with the ditch company and signed agreements with the Oil/gas and Mineral
companies. The ditch company criterion is being address with an engineer designed detention pond. The septic
systems will be individual septic systems that will meet the Weld County criteria and will be designed by an
engineer for each individual lot. Left Hand Water District has agreed to provide the water for the PUD. The
water and gas have been stubbed to the north property line. An agreement with that neighbor has been signed
allowing the PUD to connect to the water and gas line. An engineer has design the water line to meet Left
Hands criteria.
Third. The change of zone landscaping calls for no additional landscaping in keeping with the low to no
water usage criteria, nor will their be any change in the existing landscaping other than the grasses that are call
for in the landscape plan. Also each lot will be required to plant several trees to meet the covenants criteria.
Fourth. The site was (is) being dry land farmed. The land has a gentle slope up to the high point east of
WCR 3 with a rural setting surrounded by horse property and farmland. The PUD will be in compliance with the
change of zone by building single family residences that allowed horses in the, E (estate) uses the PUD was
zone as.
Fifth. The PUD will continue to preserve the natural setting of the properties, and be in compliance with
the proposed change of zone by continuing the rural setting with open space areas on three of the sides of the
PUD and open space area provided by the north bordering neighborhood.
Sixth. Signage will be according to the change of zone requirements with little impact on the natural
settings but still meeting the criteria for signage. A 32 square foot sign will be place at the entrance.
Seventh. The PUD is not located in an MUD so compliance is not necessary.
Eighth. The intergovernmental agreements have been obtained and there are no criteria to comply
with. The PUD does fit in with the Erie's comprehensive plan for the area thus the PUD as a nine lot residential
community is in compliance.
In summary the Highview PUD will do all that is required to be in compliance with all the criteria indicated in the
change of zone.
HI'C11JAV11 UV IN 1EKLJ1 Li)LAIyJAUWNEKS .� Page 1 of2
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 146705200037
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the
names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the
owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled
utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the
Weld County Assessor was assembled within thirty days of the application's submission daty
nom k_W kl-
Signature
.2-222- Ob
Date
Property Owners Within 500 ft. of Parcel# 146705200037
NAME I MAILING ADDRESS !PARCEL IDENTIFICATION#
2780 W 149 AVE
BULTHAUP RICHARD G& 146706100055
BROOMFIELD,CO 80020
1598 OLD HWY 52
CRESPO JORGE M& 146705100022
ERIE,CO 80516
6025 FOX HILL DR
DALGLISH DAVID G& 146705103005
LONGMONT,CO 80501
1625 PEAK LN
FIDELAK KAREN E&JONATHAN J 146705405003
ERIE,CO 80516
CIO ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201014
CENTENNIAL,CO 80111
C/O ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201004
CENTENNIAL,CO 80111
C/O ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201005
CENTENNIAL,CO 80111
C/O ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201007
CENTENNIAL,CO 80111
C/O ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201008
CENTENNIAL,CO 80111
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=146705200037&Paz 1=146706100055... 03/28/06
Hrr IL &VII Ur uN i r,Kto i r.L LAANJJ4J W INLKS Page 2 of 2
C/O ROBERT BULTHAUP
HIGHLAND ACQUISITION GROUP LLC 6297 S POTOMAC WAY 146705201009
CENTENNIAL,CO 80111
6297 S POTOMAC WAY
HIGHLAND FARMS HOMEOWNERS ASSOC 146705201013
CENTENNIAL,CO 80111
1614 PEAK LN
JONES JAMES A JR& 146705405004
ERIE,CO 80516
5665 COUNTY RD 3
KOCH DWAYNE E& 146706000033
ERIE,CO 80516
1668 OLD HWY 52
LAGERHOLM AMY L 146705100023
ERIE,CO 80516
5560 SUMMIT WAY
LINNENBURGER SAMUEL D & 146705103003
ERIE,CO 80516-9744
C/O WENDY SLAVIN
PEAKS AT MTN VIEW HOMEOWNERS ASSOC INC 1636 PEAK LANE 146705405006
ERIE,CO 80516
5466 WELD CO RD 3
SCHRINER GENE L 146705000023
ERIE,CO 80516
5768 COUNTY RD 3
SIMPSON MICHAEL J& 146705000029
ERIE,CO 80516
1644 HWY 52
STEINLEY JEFFREY S & 146705100021
ERIE,CO 80516
C/O SCOTT TEMPEL
SUMMIT MOUNTAIN VIEW HOMEOWNERS ASSN 5555 SUMMIT WAY 146705103008
ERIE,CO 80516
5545 SUMMIT WAY
TEMPEL SCOTT B TRUST& 146705103004
ERIE,CO 80516
5670 COUNTY RD 3
WILTS WENDELL R& 146705200036
ERIE,CO 80516
http://maps.merrick.com/website/weld/setSgl.asp?emd=buffer&PIN=14670520003 7&Par l=146706100055... 03/28/06
EHRHART GRIFFIN &ASSOCIATES, INC.
ENGINEERING• PLANNING•LAND SURVEYING
Weld County Public Works
1111 H Street
PO Box 758
Greeley, Colorado 80632-0758
RE: Highview Ranch Utility Design Certification
To Whom It May Concern:
The design of storm drainage and potable water distribution utilities reflected in the
construction documents titled "Highview Ranch Plans for Construction, February 2006",
located in Weld County, Colorado was prepared by me or under my direct supervision, in
general accordance with the provisions of the Weld County Development Code, Chapter 28,
and Section 24-7-110 and the requirements of Lefthand Water District, for Highview
Development, LLC, Boulder, Colorado.
Poo E!' ye11
�'/
ChristoherHr •// ( 624 !(:)
9
Date
Registered Profe .ional •ngmeer - 36.'2; S
State of Colorado 1t1%S
EHRHART GRIFFIN&ASSOCIATES•P.O.Box 930.568 Briggs Street•Erie,Colorado 80516.303-828-3340.303-828-3418 fax
Report Date: 02/28/2006 02:18P WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R2145903
ASSESSED TO:
WRIGHT FRANK E &
22 SEVEN HILLS DR
BOULDER, CO 80302
LEGAL DESCRIPTION:
PT S2NW4 5-1-68 LOT B CORR AMD REC EXEMPT RE-3381
PARCEL: 146705200037 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 81.44 0.00 0.00 81.44 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 02/28/2006 0.00
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2390 -
Authority Mill Lev Amount Values Actual Assessed
WELD COUNTY 17.900 20.76 AGRICULTUR 4,004 1,160
SCHOOL DIST RE1J 39.982 46.38 ------------- _-_-_----
NCW WATER 1.000 1.16 TOTAL 4,004 1,160
LEFT HAND WATER 0.000 0.00
MTN VIEW FIRE(BOND 2008) 0.220 0.26
WELD LIBRARY 3.281 3.81
BOULDER VALLEY CONSERVATION 0.000 0.00
MOUNTAIN VIEW FIRE 7.817 9.07
TAXES FOR 2005 70.200 81.44
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
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior.tax.liens- ently due and payable connected with the parcel(s)
identified therein llave"been paid in full.
Signed MCP Date: 2 53 ' �d
After Recording Return to
Highview Development,LLC
22 Seven Hills Drive
Boulder,CO 80302
SPECIAL WARRANTY DEED
This Deed,made March 20,2006
Between Frank E. Wright and Loretta R. Wright,of the County Boulder, State of COLORADO,
grantor(s)and Highview Development, LLC, a Colorado limited liability company, a Tenant in
Severalty,whose legal address is 22 Seven Hills Drive,Boulder,CO 80302, County of Boulder, and State of
COLORADO,grantee(s)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of One Million Seven
Hundred Forty-Nine Thousand and no/100 Dollars ($1,749,000.00 ) the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together
with improvements, if any, situate, lying and being in the County of Boulder, State of COLORADO described as
follows:
Lot B of Corrected Amended Recorded Exemption No. 1467-5-2-CAMRE-3381,recorded July 30,2004 as
Reception No. 3204308,being a part of S1/2 of the NW '/C of Section 5, Township 1 North,Range 68 West of the
6th P.M.,County of Weld, State of Colorado.
also known by street and number as Highview Ranch, Erie, CO
TOGETHER with all and singular hereditaments and appurtenances,thereunto belonging,or in anywise
appertaining, and the reversion and reversions,remainder and remainders, rents issues and profits thereof,and all
the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to
the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances,
unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal
representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER
DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and
assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the
grantor(s).
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLERS:
•
rto7yE
Frank E. Wright Loretta R. Wright
STATE OF COLORADO }ss:
COUNTY OF Boulder
The foregoing instrument was acknowledged before me March 20, 2006 by Frank E. Wright and Loretta R.
Wright.
Witness my hand and official seal.
��'jj'q•�A..G!Po �!Z! v
44110OTARy
. r— ; 16 a.N ry Public•'Z• My Commission expires: C b 2, //2co?
My Commission Expires,5/12/2009 ESCROW NO.8I1-H0106489-043-GGR
VDSpecial
•
Execution Version
DEED OF TRUST
Highview Development, LLC
M
THIS DEED OF TRUST is made this ZJr day of March, 2006, between HIGHVIEW DEVELOPMENT, LLC, a
Colorado limited liability company("Borrower"),whose address is 22 Seven Hills Drive, Boulder,CO 80302, and the
Public Trustee of the County of Weld, State of Colorado ("Trustee"), for the benefit of Frank E. Wright, an
individual, and Loretta R. Wright, an individual (collectively, "Lender"), whose address is 22 Seven Hills Drive,
Boulder, CO 80302.
Borrower 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 real property described on Exhibit A
attached hereto and by this reference made part hereof(the "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(the"Note")dated March
, 2006, in the principal sum of One Million Seven Hundred Forty Nine Thousand and No/100s Dollars
($1,749,000.00), which bears interest and is payable as provided in the Note. Principal and interest shall be payable at
the address of Lender set forth above, or at such other place as Lender shall designate in writing. Borrower has the
right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty;
B. The payment of all other sums, with interest thereon at the per annum rate stated in the
Note, 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 Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property,
and warrants 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.
4. Payment of Principal and Interest. Borrower 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
Borrower=s other covenants contained in the Note.
5. Applications of Payments. All payments received by Lender under the terms hereof shall be applied
by Lender first in payment of Protective Advances pursuant to paragraph 9, and the balance in accordance with the
terms and conditions of the Note.
6. Charges; Liens. Borrower 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,or by Borrower making payment when due, directly to the payee thereof. Despite the foregoing,
Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to
Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in legal proceedings
which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured in accordance with their full replacement value.
c:\wwxn TEMP\mMPM,w,.Doc 1
V8. Preservation and Maintenance of the Property. Borrower shall keep the Property goo repair
rand
shall not commit waste or permit impairment or deterioration of the Property. Borrower shall perform all of
Borrower=s obligations under any declaration, covenants, by-laws, rules or other documents governing the use,
ownership or occupancy of the Property.
9. Protection of Lender=s Security. If Borrower fails 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 Borrower
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, disbursement of reasonable attorney=s fees and entry upon the
Property to make repairs (collectively, "Protective Advances"). Borrower hereby assigns to Lender any right
Borrower 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 Protective Advances,with interest thereon, shall become additional indebtedness
of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower
requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in
paragraph 2B above. 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 Borrower 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 rights of Borrower
and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of 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 Borrower. In the event of a partial taking of the Property, the proceeds shall be
divided between payment upon the sums secured by this Deed of Trust and payment to the Borrower, 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 Borrower=s
equity in the Property immediately prior to the date of taking. Borrower=s equity means the fair market value less the
amount of sums secured by both this Deed of Trust and all prior liens(except taxes). If the Property is abandoned by
Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized
to collect and apply the 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 paragraph 4 nor change the amount of such installments.
12. Borrower 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 Borrower shall not operate to
release, in any manner, the liability of the original Borrower, nor Borrower=s successors in interest, from the original
terms of this Deed of Trust. 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 Borrower nor Borrower=s successor 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
may be exercised concurrently, independently or successively.
C:\WINN'\TEMP\TEMPMAn,Doe 2
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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 Borrower, subject to the provisions of paragraph 23. All covenants and agreements of Borrower 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
Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) the
delivery to Borrower or(2) mailing such notice by certified mail, return receipt requested, addressed to Borrower at
Borrower=s address stated herein or at such other address as Borrower may designate by notice to Lender as provided
herein, and(b) any notice to Lender shall be in writing and shall be given and be effective upon(1) delivery to Lender
or (2) mailing such notice by certified mail, return receipt requested, to Lender=s address stated herein or to such
other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
Deed of Trust shall be deemed to have been given to Borrower 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 provisions of the Deed of Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies: Except as provided in paragraph 23,upon Borrower=s
breach of any covenant or agreement of Borrower in this Deed of Trust and/or the Note,or upon any default in a prior
lien upon the Property, 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 attorneys= fees. If Lender invokes
the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to
Borrower of Borrower=s 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 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
Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee,
without demand on Borrower, 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 order 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 attorneys=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.
19. Borrower=s 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,
attorneys= 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, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to
Acceleration under paragraph 18 or abandonment of the Property, have the right to collect and retain such rents as
ciwINNt\TEMP\TEMPMAQ..DOC 3
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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 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 Borrower 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 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 Provisions. Lender shall grant releases(the "Partial Releases")for individual single family
residential lots within the Property(each a"Lot")upon receipt of a principal reduction and release payment("Release
Payment") in accordance with the Release Payment schedule indicated on the map attached hereto as Exhibit B which
depicts each Lot and sets forth the agreed Release Payment for each Lot(the "Allocation Map"). Borrower shall pay
all costs of preparation and recordation of the release(s) of this Deed of Trust and shall pay the statutory Trustee=s
fees. Lots to be released shall be determined in the order and manner selected by Borrower in consultation with
Lender. If Lender does not produce the Note upon payment in part or in full,then Lender,upon notice, in accordance
with paragraph 16 from Borrower to Lender, shall obtain at Lender=s expense, and file, any lost instrument bond or
indemnity agreement required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. In the
event Borrower plats any portion of the Property, Lender will cooperate with Borrower in effectuating such platting,
and join with Borrower in the execution of any such plats, and if required by the appropriate governmental authorities,
execute such documents as may be necessary to release all school sites, streets, roadways, alleys, utility easements,
open space contemplated by such plats from the lien of the Deed of Trust without the prior payment of the Release
Payment consideration.
At any time Borrower desires to obtain a release of property from the lien of the Deed of Trust, Borrower
shall notify Lender of such intention in writing delivered in accordance with the notice provisions of the Deed of
Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in
the Property under state or federal law presently existing or hereafter enacted.
23. Transfer of the Property; Assumption. The following events shall be referred to as a"Transfer": A
transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or
interest therein), or an agreement granting a possessory right in the Property (or any portion thereof), in excess of
three(3)years. 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, (iii) a transfer by devise, descent or by operation of
the law upon the death of a joint tenant, or(iv)the execution of a contract or agreement to sell Lots or other portions
of the Property. At the election of Lender in the event of each and every Transfer where Lender does not grant a
Partial Release as provided for in Section 21, above:
(A) All sums secured by this Deed of Trust shall become immediately due and payable
(Acceleration).
C:\wItffTEMP\\TEMPMAn..DOC 4
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(B) If a Transfer occurs and should Lender not exercise Lender=s option pursuant to this
paragraph 23 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this
Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract
or 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 Borrower deal with Transferee in the same manner as
with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve
Funds on payment in full of said sums, without in any way altering or discharging the Borrower=s liability hereunder
for the obligations hereby secured.
(C) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to
(B) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events,whether or
not Lender has 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.
24. Borrower=s Copy. Borrower acknowledges receipt of a copy of the Note and of this Deed of Trust.
25. Subordination. Lender hereby acknowledges and agrees that the lien of this Deed of Trust will be
made expressly subject and subordinate to any liens granted in favor of any consensual infrastructure construction
financing proposed by Borrower(or any entity which Borrower has a controlling interest)to support the contemplated
development of the Property. Upon written request of Borrower and the provision of documents reasonably necessary
to verify that the proposed financing transaction fits within the parameters set forth herein, Lender will execute such
documents as are reasonably required to verify the subordination of its lien as contemplated herein.
EXECUTED BY BORROWER:
HIGHVIEW DEVELOPMENT, LLC
By: FOX/1'N V-C1A../VCAc
Name: Frank E. Wright LL11
Title: Manager
STATE OF COLORADO )
�L I ) SS.
COUNTY OF tit) )
BEFORE ME,the undersigned,a Notary Public, in and for said County and State,on this 2i)day of
tPlti c h ,2006,personally appeared Frank E. Wright,to me known to be the identical person who subscribed
his/her name to the foregoing instrument as Manager of Highview Development,LLC, and acknowledged to me
that he/she executed the same as his/her free and voluntary act and deed and as the free and voluntary act and deed
of such limited liability company, for the uses and purposes therein set forth.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year last above
written. JJ��
,,, /ii--
�lotary Public
My Commission Expires: Sip. /14O`)
[SEAL] Py A-•$."0 .,
?vf� sOTARi
PUBLIC"'
My Commission Expires 5✓1212009
C:\WINNBTEMP\TEMPMAIL.DOC 5
ATTACHED LEGAL DESCRIPTION
Lot B of Corrected Amended Recorded Exemption No. 1467-5-2-CAMRE-3381,recorded July 30,2004 as
Reception No. 3204308,being a part of S1/2 of the NW Y.of Section 5,Township 1 North,Range 68 West of the
6h P.M.,County of Weld, State of Colorado.
Also Known as: Hiehview Ranch,Erie, CO
811-10106489-043-GGR
•
Frst American Heritage
I7 \ff( TITLE DEPARTMENT-DELIVERY TRANSMITTAL
Title Company 1000 Centre Avenue
Fort Collins,CO 80526
Making Tnnsacrion Personal (970)493-3051 Fax: (970)224-2177
FILE NUMBER: 811-H0106489-043-GGR DATE: March 20,2006
PROPERTY ADDRESS: Highview Ranch Erie,CO
OWNER/BUYER: Frank E.Wright and Loretta R.Wright/Highview Development.LLC
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
TO: First American Heritage Title Company PHONE: (303)443-3333
Boulder Escrow FAX: (303)443-8255
Greg Grossman E-MAIL: ggrossma¢fahtco.com
1650 38th Street NO.OF COPIES: 1
Suite 100E ROUTING METHOD: TitleVault
Boulder,CO 80301
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: PHONE:
FAX:
E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: Frank E.Wright and Loretta R.Wright PHONE:
22 Seven Hills Drive FAX:
Boulder,CO 80302 E-MAIL:
NO.OF COPIES:
ROUTING METHOD:
TO: Highview Development.LLC PHONE:
22 Seven Hills Drive FAX:
Boulder,CO 80302 E-MAIL:
NO.OF COPIES: 1
ROUTING METHOD: deliver
TO: Faegre and Benson.LLP PHONE: (303)447-7700
Chip Radenbaugh FAX: (303)447-7800
1900 Fifteenth Street E-MAIL:
Boulder,CO 80302 NO.OF COPIES: I
ROUTING METHOD: deliver
PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS
CONTAINED THEREIN:
Schedule A:
Schedule El:
Schedule EH:
ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU
HAVE ANY QUESTIONS REGARDING THESE MATERIALS,OR OUR NEW ON-LINE TRANSACTION MANAGEMENT
PROGRAM TITLEVAULT, PLEASE CONTACT First American Heritage Title Company AT THE ABOVE PHONE NUMBER.
WE SINCERELY THANK YOU FOR YOUR BUSINESS.
• A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
FA@ Title American Heritage
'\ I Title Company
Making Transaction.Personal
Date: March 20, 2006
RE: Buyer/Borrower: Highview Development, LLC
Seller(s): Frank E. Wright and Loretta R. Wright
Property Address: Highview Ranch Erie, CO
File Number: 811-H0106489-043-GGR
We would like to thank you for choosing First American Heritage Title Company for your title
insurance needs.
Enclosed please find:
COMMITMENT(s)
❑ CCR'S
❑ SUPPORTING DOCUMENTS
❑ TAX CERTIFICATE to follow from the Escrow Office
Schedule/Tax Parcel Number:
For all of your closing needs,your Escrow Officer is: Greg Grossman: Please feel free to contact your
closer at: (303)443-3333,fax: (303) 443-8255, email: ggrossma@fahtco.com, 1650 38th Street Suite
100E Boulder,CO 80301.
For all of your title and commitment needs,your Title Examiner is: Teri Faulkner. Please feel free to
contact your examiner at: (970) 493-3051,fax: (970)224-2177, email: tfaulkne@fahtco.com, 1000
Centre Avenue Fort Collins,CO 80526 .
Once again,thank you for your business, and please feel free to contact your Business Development
Representative for a log-in and password to TitleVault our new on-line transaction management program.
We look forward to serving all of your title needs.
Sincerely,
First American Heritage Title Company
A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
03/20/2006 12:20:41 PM ajm TF File No.: 811-H0106489-043-GGR
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Heritage Title Company
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements,Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its
agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to
issue a policy to you according to the terms of this commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this commitment becomes effective as of the
Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment
date, our obligation under this Commitment will end.Also, our obligation under this Commitment will end
when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
First American Title Insurance Company
.01LE IMSL
By 1 �JC/ President �+`ovo� ^4��
By / at- n' Secretary i
scors�aex o. ;
...
-cAL/Focoa-
By Countersigned
03/20/2006 12:20:41 PM ajm TF File No.: 811-110106489-043-GGR
CONDITIONS
1. DEFINITIONS
(a) "Mortgage"means mortgage,deed of trust or other security instrument.
(b) "Public Records"means title records that give constructive notice of matters affecting the title according
to state law where the land is located.
(c) "Land"means the land or condominium unit described in Schedule A and any improvements on the land
which are real property.
2. LATER DEFECTS
The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear
for the first time in public records or are created or attached between the Commitment Date and the date on which
all of the Requirements of Schedule B — Section 1 are met. We shall have no liability to you because of this
amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances,we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in
writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our
liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith
to:
• comply with the Requirements shown in Schedule B-Section I or
• eliminate with our written consent any Exceptions shown in Schedule B-Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability
is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim,whether or not based on negligence,which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
DISCLOSURES
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the
Company shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of
this commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the
seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the
requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district;a certificate of taxes due listing each taxing jurisdiction shall be obtained from
the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such
districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer,or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed,leased,or otherwise conveyed from the surface estate.If such reference is made,there is a substantial likelihood that a third party
holds some or all interest in oil,gas,other minerals,or geothermal energy in the property. The referenced mineral estate may include the
right to enter and use the property without the surface owner's permission.You may be able to obtain title insurance coverage regarding any
such referenced mineral estate severance and its effect upon your ownership.Ask your title company representative for assistance with this
issue.
First American Heritage Title Company
COMMITMENT
SCHEDULE A
Commitment No: 811-H0106489-043-GGR
1. Commitment Date: March 6,2006 at 8:00 A.M.
2. Policy or policies to be issued: Policy Amount
(a) Standard Owners Policy Proposed Insured: $ 1,749,000.00
Highview Development, LLC, a Colorado limited liability company
(b) Loan Policy Proposed Insured: $ 1,749,000.00
Frank E. Wright
3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by:
Frank E. Wright and Loretta R. Wright
4. The land referred to in this Commitment is described as follows:
Lot B of Corrected Amended Recorded Exemption No. 1467-5-2-CAMRE-3381, recorded July 30,
2004 as Reception No. 3204308, being a part of S1/2 of the NW ''A of Section 5, Township 1 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado.
The land described in this commitment was transferred by vesting deed recorded on April 20, 2004 at Reception
Number 3172183 and July 30, 2004 at Reception Number 3204307.
(for informational purposes only) Highview Ranch, Erie, CO
PREMIUM:
Owners Policy $2,907.00
Loan Policy $100.00
03/20/2006 12:20:54 PM ajm TF
03/20/2006 12 20 41 PM aim TF File No.: 811-110106489-043-GGR
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. The Affidavit and Indemnity signed by Buyer's or Seller's Names and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded.
1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to
herein,to the Proposed Insured, Schedule A, Item 2a.
2. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to
herein for the benefit of the Proposed Insured, Schedule A, Item 2 (b).
3. Statement of Authority for Highview Development, LLC, a Colorado Limited Liability Company
evidencing the name of the entity, the type of entity able to acquire title, the mailing address of the entity,
the name(s) and Position(s) of those person(s) able to act on behalf of said entity, including any
limitations placed upon those persons.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
03/20/2006 12:20:41 PM ajm TF File No.: 811-H0106489-043-GGR
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
6. All taxes and assessments,now or heretofore assessed, due or payable.
7. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by
the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page
273.
8. Reservations made by the Union Pacific Railway Company in deed recorded on July 17, 1900 in Book
178 at Page 401, providing substantially as follows: Reserving unto the company and its assigns all coal
that may be found underneath surface of land herein described and the exclusive right to prospect and
mine for same, also such right of way and other grounds as may appear necessary for proper working of
any coal mines that may be developed upon said premises, and for transportation of coal from same; and
any and all assignments thereof or interests therein.
9. Right to run water through a certain lateral ditch running from the main ditch or The Erie Coal Creek
Ditch and Reservoir Company through and across the Northwest 'IA of Section 5, Township 1 North,
Range 68 West of the 6th P.M., as conveyed to Carl Raech by Elijah V. Lovejoy in Warranty Deed
recorded October 27, 1900 in Book 181 at Page 273, in which the specific location of said right of way is
not defined.
10. Gentry Drainage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed
October 26, 1910 at Filing No. 160177, insofar as the same may affect subject property.
11. Terms, conditions, provisions, agreements and obligations contained in the Surface Owner's Agreement
recorded on December 27, 1955 in Book 1438 at Page 227.
12. An easement for pipelines and incidental purposes granted to Amoco Production Company by the
instrument recorded on September 19, 1985 at Reception Number 2025478.
13. Covenant by and between Shirley E. Koch and Kenneth E. Koch and the City of Lafayette recorded June
20, 1989 in Book 1236 at Reception No. 02183197, and Covenant recorded June 20, 1989 in Book 1236
at Reception No. 02183198.
03/20/2006 1220:41 PM ajm TF File No.: 811-H0106489-043-GGR
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 2
Exceptions(Continued)
14. Right-of-Way Agreement with Vessels Gas Processing, Inc recorded December 15, 1995 in Book 1522 at
Reception No.2467785.
15. Reservation in the Deed to Eugene E. Godinho and Diana E. Godinho recorded November 4, 1993 in
Book 1410 at Reception No. 2358121 as follows:
RESERVING, HOWEVER, unto party of the first part any minerals and mineral rights acquired
prior to January 23, 1986. Party of the first part conveys 100% of all minerals and mineral rights now
owned by it, if any, which were acquired after January 23, 1986.
16. An easement for electric facilities and incidental purposes granted to United Power, Inc. by the instrument
recorded on June 7, 2001 at Reception Number 2855377.
17. The following items as set forth on the plat of Amended Recorded Exemption No. 1467-05-2-AMRE-
3381, and Corrected Amended Recorded Exemption No. 1467-05-2-CAMRE-3381,to-wit:
a. All Notes
b. Right to Farm Covenant
c. Building Envelope
d. Access Point for Lot B
e. Oil and Gas Well No Build Zone
18. Terms, conditions, provisions, agreements and obligations contained in the Surface Use Agreement as
evidenced by a Memorandum of Surface Use Agreement recorded on December 5, 2003 at Reception
Number 3132896 and as supplemented by Surface Use Agreement recorded September 27, 2004 at
Reception Number 3222302. (SEI/4NW1/4)
NOTE: Amendment to Surface Use Agreement recorded August 11, 2005 at Reception Number
3312267.
19. Terms, conditions, provisions, agreements and obligations specified under the Subdivision/Multiple Tap
Purchase Agreement by and between Left Hand Water District and Frank Wright recorded on March 11,
2005 at Reception Number 3267830.
20. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of
Agreement by and between Anadarko Land Corp. fka Union Pacific Land Resources Corporation and
Frank Wright recorded on July 21, 2005 at Reception Number 3305267.
21. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement by
and between Anadarko E&P Company LP fka Union Pacific Resources Company, Anadarko Land Corp.
fka Union Pacific Land Resources Corporation, EnCana Oil & Gas (USA) Inc., Kerr-McGee Rocky
Mountain Corporation and Frank Wright recorded on September 13, 2005 at Reception Number 3322566.
22. Terms, conditions, provisions, agreements and obligations specified under the Discharge Certificate
Agreement by and between Frank E. Wright, Loretta R. Wright and The New Consolidated Lower
Boulder Reservoir and Ditch Company recorded on November 22, 2005 at Reception Number 341882.
23. Terms, conditions, provisions, agreements and obligations contained in the Highview Ranch PUD-
PZ1074 Zoning Plat recorded on February 8, 2006 at Reception Number 3361719.
03/20/2006 1220:41 PM aim TF File No.: 811-O0106489-043-GGR
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 2
Exceptions(Continued)
24. The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with
the Clerk and Recorder of Weld County. These statements are general and do not necessarily give notice
of underground facilities within the subject property:
A. Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception Number
1870705.
B. Western Slope Gas Company, recorded March 19, 1983 in Book 990 at Reception Number
1919757.
C. Associated Natural Gas, Inc.,recorded July 20, 1984 in Book 1037 at Reception Number
1974810, October 1, 1984 in Book 1045 at Reception Number 1983584,March 3, 1988 in Book
1187 at Reception Number 2132709 and April 10, 1989 in Book 1229 at Reception Number
2175917.
D. Panhandle Eastern Pipe Line Company, recorded October 1, 1981 in Book 949 at Reception
Number 1870756 and June 26, 1986 in Book 1117 at Reception Number 2058722.
E. Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception Number
1979784.
F. Union Rural Electric Association, Inc.,recorded October 5, 1981 in Book 949 at Reception
Number 1871004.
G. Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at Reception Number
2004300.
H. Public Service Company of Colorado,recorded November 9, 1981 in Book 952 at Reception
Number 1874084.
AGREEMENT FOR IMPROVEMENTS FOR WCR 3
T HIShviAGREEMENT is made and entered into this 28t1day otMarch�y and
ig ewDevelopment,
between Frank Wright, manager , developer of Highview Ranch PUD PK-1 Q74
hereinafter referred to as Developer", with an address of
Lot B AMRE-3381 S1 /2,N1 /4 , S5-T1 -N68W , Weld County Colorado, and the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to as "County," with offices located at
915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific Development
Plan and Subdivision Final Plat for 9 lots for the Highview Ranch hereinafter
referred to as the "Development," and
52
WHEREAS, WCR 3 from wt5r' o WCRi 2 , hereinafter referred to as
'the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 3 abuts a portion of Highview Ranch , of the lots
will need WCR 3 for access to the Development, and
WHEREAS, the average daily trips anticipated from Highview Ranch will
constitute 53 percent of the traffic on the Road, and
WHEREAS, the proportional costs of paving the Road attributable to the traffic
generated by the lots in the Development using the Road, is estimated to be $ 11 , 1 1 1 per
lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above
to the completion of paving the Road and final accounting by
County and payment of all land development charges by the
Developer for the 9 lots accessing the Road, or five years if
WRC 3 is not paved.
2. OBLIGATIONS OF THE COUNTY
Page 1 of4
A. Weld County plans to pave, within five years of the date first written
above, the Road at a current estimated cost of$350,000. The paving
improvements are anticipated to be for 12 foot travel lanes with 4
foot shoulders designed in accordance with generally accepted
engineering practices but the actual design shall be at the discretion
of Weld County
B. Design, construction, and maintenance of this portion of Road shall
be the responsibility by the County.
C. County must pave the roads within five years of the date first written
above or forfeit all rights to land development charges, which are the
obligation of the Developer whether already in escrow or remaining
to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation ) up to 20 percent of the total cost of paving
WCR 3 . If additional traffic is generated prior to paving WCR
3 , such that the percentage of traffic generated by the
development is less than 20 percent, the County shalt adjust the
percentage charged to the developer proportionately. Any amount
which must be collected from the developer which is not paid within
45 days of final accounting shall assessed interest in the amount of 8
percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of$1 1 , 1 1 1 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of the
first lot $1 1 , 1 1 1 , at the sale of the second lot $ 1 1 , 1 1 1, at the sale
of the third lot $11 , 1 1 1 , at the sale of the fourth lot $11 , 1 1 1 , at
the sale of the fifth lot $11 , 1 1 1 . The escrow account shall be set up
according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth in
paragraph 2.C. herein. In no event shall Developer's obligation
Hen Y�^ "`A^dlryrv.msvunps..MNy'0¢ael`a'+al�e'.mouyn..vPwy(Ort.FrIM^��
Page 2 of 4
under this Agreement exceed $100, 0 o Qubject to adjustment to a
higher or lower figure from the first quarter of 2004 to the year and
quarter in which the contemplated work is being performed based on
"The State Highway Bid Price index contained in the "Quarterly
Cost report" of The Engineering News-Record as published by The
McGraw-Hill Companies.
4. ESCROW AGREEMENT the terms of which will be subject to review by
the County, that provides at least the following:
A. The cash in escrow when fully funded is $100, 000
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval of the
Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of
execution within the original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shalt give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties receiving services of benefits
under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written.
No modification, amendment, notation, renewal, or other alteration of or to
this Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No
x'x.w...v n„..wm•w..,,........o,_n„.po nsi.roa.a e,m.,.....,y..,,.,..n....to rt s.�.«.m4g
Page 3 of 4
Breach of any term, provisions, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any
consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
S. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein,
make warranties, either express or implied, that the improvement work
and/or maintenance of these roads meet standards other than those
generally required for counties and cities of the size and type similar to
County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this
28 day of March , 2006
By: HIGHVIEW DEVEL0MENT, LLC FRANK WRIGHT, Manager
Developer
(A.)4,(
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
u.I vaw...eu...0 .w.,... Ac !-nronvn.)vaem»..,.a.M�....n.Yoazry.wwae
Page 4 of 4
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 28th day of March ,20 06 ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,@ and Frank Wright , Manager ,hereinafter called"Applicant.@
HIGHVIEW DEVELOPkENT, LLC
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld,Colorado:
Lot B AMR.^,.-3381 S 1/2, N1/4, S5-T1-N68W
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known
as Highview Ranch 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
AA@ and AB@ of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 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
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C:WOCUMENTS AND SETTINGSWS HEI\DESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements. All
such rights-of-way and easements used for the 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 AA,@ which is attached hereto
and incorporated herein by reference,according to the construction schedule set out in Exhibit
AB@ also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit AB.@ The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit AB@ upon application by the
Applicant subject to the terms of Section 6 herein.
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
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C:\DOCUMENTS AND SETTINGSTSIREKDESKTOMPUBLIC IMPROVEMENTS AGREEMENT.DOC
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
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
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C:\DOCUMENTS AND SETTINGS\P IIEDDESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
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.
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 AB,@ 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 AB,@ and may continue to issue building permits so long as the progress of
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C:\DOO0MENTS AND SETTINGS\PS HEI\DESKTOPwUBLIC IMPROVEMENTS AGREEMENT.DOC
work on the Subdivision or Planned Unit Development improvements in that phase
of the development are satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within 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 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
Revised 03/09/2004
C:\DOCUMENTS AND SETTINGSW SS IIEIIDESKTOPIPUBLIC IMPROVEMENTS AGREEMENT.DOC
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@ The
costs of the hula ovements described in Exhibit AA@ will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based on
AThe State Highway Bid Price Index@ contained in the AQuarterly Cost Report@ of
The Engineering 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 final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits AA@ and AB.@
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
Revised 03/09/2004
CADOCUMENTS AND SETTINGSIPShEIIDESKTOPIPUBLIC IMPROVEMENTS AGREEMENT.DOC
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
7 Revised 03/09/2004
C:\DOCUMENTS AND SETTINGS\PSCHEDDESKTOPWUBLIC IMPROVEMENTS AGREEMENT.DOC
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:
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
Revised 03/09/2004
CADOCUMENTS AND SETTINGSPS HEDDESKTOPWUBLIC IMPROVEMENTS AGREEMENT.DOC
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.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the 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: Pri‘31A.U I-f. O_e.,-sa e fwi LL r_
APPLICANT: ( lats.\LE L0045
4--
TITLE: rno-rt
Subscribed and sworn to before me this ?A day of /ytroh , 2000 .
My Commission expires:
No ub
�Z" 70 Z009
=1 Ec n
e'C t‘t\.;
Ir.i uu�:•.J`.
Revised 03/09/2004
CADOCUMENTS AND SETTINGSWP CHEDDESKTOPU'UBLIC IMPROVEMENTS AGREEMENT.DOC
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
Revised 03/09/2004
CADOCUMENTS AND SETTINGS\P IIEI\DESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
EXHIBIT AA@
Name of Subdivision view Ranch RID
Planned Unit Development:
Filing: BZ-1074
Location: Highway 52 and 1/2 mile south on WCR 3
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading 17,746 CY 3.20 56,787
Street grading 10,019 CY 3 .20 32 , 060
Street base 94, 321 SF . 40 37 , 728
Street paving 68, 081 SF 1 . 00 68, 081
Curbs,gutters,and culverts 1 7 8 T.P 1 0 0 0 1 , 780
Sidewalk
Storm sewer facilities
Retention ponds 7 2 60 t•v 3 40 2 3 , 2 3 2
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected) 2 4 9 LF 9. 0 0 2 .2 41
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) 2. 9 04 LF 9. 0 0 2 6 , 1 3 6
Fire hydrants 2 EA 2,5 0 0 5, 0 0 0
Survey and street monuments and boxes
Street lighting
Street Names 3 EA 100 300
Fencing requirements
Landscaping 4.9 AC 110 539
Park improvements
Road culvert 189 LF 10. 00 1 , 890
Grass lined swale
Telephone 9 EA 500. 00 4 ,500
Gas 9 EA 3,600 32,400
Electric 1100 LF 20.00 22 ,000
Water transfer 40% 49, 236
SUB-TOTAL: 363, 910
Engineering and Supervision Costs$ 4, 0 00
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 3 67, 91 0
1 1 Revised 03/09/2004
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 AR®
\-\--(3L
By: vi Ps,l anvoQ L
Applicant
Applicant /
Date: 1Y 2' , 20 06 .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
17 Revised 03/09/2004
EXHIBIT AB@
Name of Subdivision
or Planned Unit Development Highview Ranch PUD
Filing: PZ- 1074
Location: Highway 52 and %z mile south on WCR 3 _
All improvements shall be completed within one year from the date of approval of the final plat.
Construction of the improvements listed in Exhibit AA@ shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Date for Complettion
Site grading 8 days
Street grading 10 days
Street base 6 days
Street paving 10 days
Curbs,gutters,and culverts 3 days
Sidewalk
Storm sewer facilities
Retention ponds 8 days
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains 14 days
Fire hydrants 4 days
Survey and street monuments and boxes
Street lighting
Street name signs 2 days
Fencing requirements
Landscaping 5 days
Park improvements
Road culvert 5 days
Grass lined swale 4 days
Telephone 7 days
Gas 10 days
Electric 14 days
Water transfer 2 days
SUB-TOTAL: 112 days
13 Revised 03/09/2004
C:\DOCUMENTS AND SE SINGS\PSCBEIIDESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
The County,at its option,and upon the request of the Applicant,may grant an extension of time for
completion for any particular improv.,,netits shown above,upon a showing by the Applicant that the above
schedule cannot be met
By: A 144 01 Z+.) l vCh L L L
Applicant
—R.01-‘1C—ON4--
Applicant N `vb1c_ ,� Date:t 1 M e'lln ,20 0(0.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1 it Revised 03/09/2004
National
Bank
IRREVOCABLE LETTER OF CREDIT
TO: The Board of County Commissioners NO: 100429586
of the County of Weld DATE:July 19,2006
Attn: Clerk to the Board EXPIRY: April 19, 2007
P.O. Box 758 AMOUNT: $400,000.00
Greeley, CO 80632
Re: Highview Development, LLC, a Colorado limited liability company; Developing Highview Ranch
To Whom It May Concern:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Highview Development, LLC, a
Colorado limited liability company, whose address is 22 Seven Hills Drive, Boulder, CO 80302, for a sum not to exceed
the aggregate of Four Hundred Thousand and No/100 dollars($400,000.00).
Each draft so drawn under this credit are to be endorsed hereon and shall bear the clause DRAWN UNDER PEAK
NATIONAL BANK, 26 South Highway 119, Nederland, CO 80466-Letter of Credit No. 100429586 dated June 19, 2006
and be accompanied by a "signed statement from the Board of County Commissioners of Weld County, Colorado stating
the Developer has committed a material breach of the Improvements Agreement According to Policy Regarding collateral
for Improvements regarding See Exhibit A attached hereto and made a part hereof dated the 28th day of March 2006 by
and between Highview Development, LLC, a Colorado limited liability company and the Board of County
Commissioners of the County of Weld."
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993
Revision,The International Chamber of Commerce Publication No. 500."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored
and presented for payment to our office, PEAK NATIONAL BANK, 26 South Highway 119,Nederland,CO 80466. This
Letter of Credit shall expire at 5:00 p.m.on April 19, 2007.
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expiration date PEAK NATIONAL BANK
notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,you
may draw by presentation of the following: (a) a draft at sight on PEAK NATIONAL BANK; (b) a statement purportedly
signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received
notice from PEAK NATIONAL BANK the Letter of Credit No. 100429586 will not be renewed and that we Highview
Development, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.
100429586; (c) copy of letter from PEAK NATIONAL BANK stating non-renewal of Letter of Credit No. 100429586
and the original letter of credit.
Yours very truly,
PE IONAL BANV
By: LtIV
Rod ey K. Tu er, Branch President
770 Heritage Road, Second Floor • Golden, CO 80401 • (303) 216-9530 • FAX (303) 271-0695
EXHIBIT AA@
Name of Subdivision Ram PODor Planned thtitDevelopment Eighties,
Filing. gy-1074
Location: Highway 52 and 1/2 mile south on NCR 3
Intending tobelt ilybomd,the undasignedAp )erebyageestoprovidetlaoughootthisSnbdivisin
or Planned Unit Development the following improvements. (Leave spaces bbd what they do not apply.)
la 102W4 ma QMPfitt ME& Unit Pfd
Casts Cmhoetian Cost
Site grading 17,746 a 3_20 56,787
Street grading 10.019 CY 3.20 32,060
Street lase 94,321 SF _40 37,728
Sneer paving 68.081 SF 1.00 68,081
Curbs,gutters,and adverts 17R T.F i R nn 1 ,780
Sidewalk
Storm sewer Set dins
Retetnimpaedt 7,260 CV 3_40 23,232
Ditch Impavemsts
Subsurface drainage
Sanitary amen
Trunk and Rimed Imes
Mains
Laterais(Mese oanowied) 24. 9 LF 9_00 2.241
On-site sewage Sergi=
On-sit water supply and stooge
Water Mams(mcMdesbag 2,904 LF 9.00 26.136
Fire hydrants 2 EA 2.500 5.000
Survey and street n ommen@ and boas
Street lid -
Street Nunes 3 BA 100 300
Fencing rarmemass
Landscapag 4.9 AC 110 539
Pack impvvemeats
Road culvert 189 LF 10.00 1 ,890
Goss limed swain
Telepbene 9 EA 500_00 4,500
Gas 9 EA 3,600 32,400
Electric 1100 LF 20.00 22,000
Water traffic 40% 49,236
SUB-TOTAL: 363,910
Engineering and Supervision Costs S 36,000
(Testing,inspection,as-bolt plans and work in addition to preliminary and final prat supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMEMS AND SUPERVISION S.399,91 0
11 Robed 93/09/2004
ECEOVE
EXHIBIT AA@
MAY 11 3)06
Name of Subdivision xighview Ranch PW
or Planned Unit Development:
Filing: PZ-1074
Location: Highway 52 and 1/2 mile south on WCR 3
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Ommfitt Units Unit Estimated
Costs Construction Cost
Site grading 17,746 CY 3.20 56,787
Street grading 10.019 CY 3.20 32,060
Street base 94,321 SF .40 37,728
Street paving 68, 081 SF 1 .00 68,081
Curbs,gutters,and culverts 178 r.F 10 nn 1 ,780
Sidewalk
Storm sewer facilities
Retention ponds 7,260 ('Y 3 40 23,232
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Maim
Laterals(house ) 249 LF 9.00 2.241
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) 2,9 04 LF 9.0 0 26,13 6
Fire hydrants 2 EA 2,500 5,000
Survey and street mom and boxes
Street lighting
Street Names 3 EA 100 300
Fencing require
Zara"`'"Pine 4,9 AC 110 539
Park improvements
Road culvert 189 LF 10.00 1 ,890
Grass lid swale
Telephone 9 EA 500.00 4,500
Gas 9 EA 3,600 32,400
Electric 1100 LF 20.00 22,000
Watertransfer 40% 49,236
SUB-TOTAL: 363,91 0
Engineering and Supervision Costs 336,0 0 0
(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 $40 3, 91 0
11 Rnised 03109/2004
AGREEMENT FOR IMPROVEMENTS FOR WCR 3
THIS AGREEMENT is made and entered into this 5th day of May, 2006 by
and between Highview Development, LLC, Frank Wright (Manager), developer of
Highview Ranch PF- 1074 , hereinafter referred to as"Developer", with an address
of 22 Seven Hills Dr. Boulder, CO 80302 , Weld County Colorado, and the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Colorado, hereinafter referred to as "County",
with offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific
Development Plan and Subdivision Final Plat for Nine lots for the Highview Ranch
hereinafter referred to as the "Development", and
WHEREAS, WCR 3 from Highway 52 to WCR 3, hereinafter referred to as
"the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 3 abuts a portion of Highview Ranch and the lots will
need WCR 3 for access to the Development, and
WHEREAS, the average daily trips anticipated from Highview Ranch, will
constitute 35 percent of the traffic on the Road, and
WHEREAS, the proportional costs of paving the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be
$6,000 per lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written
above to the completion of paving the Road and final
accounting by County and payment of all land development
charges by the Developer for the Nine lots accessing the Road,
or five years if WCR 3 is not paved.
1
2. OBLIGATIONS OF THE COUNTY
A. Weld County plans to pave, within five years of the date first
written above, the Road at a current estimated cost of
$300,000. The paving improvements are anticipated to be for
12 foot travel lanes with 4 foot shoulders designed in
accordance with generally accepted engineering practices but
the actual design shall be at the discretion of Weld County
B. Design, construction, and maintenance of this portion of Road
shall be the responsibility by the County.
C. County must pave the roads within five years of the date first
written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in
escrow or remaining to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation) up to 20 percent of the total cost of
paving WCR 3. If additional traffic is generated prior to paving
WCR 3, such that the percentage of traffic generated by the
development is less than 20 percent, the County shall adjust
the percentage charged to the developer proportionately. Any
amount which must be collected from the developer which is
not paid within 45 days of final accounting shall assessed
interest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of $6,000 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of
the first lot $6,000, at the sale of the second lot $6,000, at the
sale of the third lot $6,000, at the sale of the fourth lot $6,000,
at the sale of the fifth lot $6,000, at the sale of the sixth lot
$6,000, at the sale of the seventh lot $6,000, an the sale of the
eighth lot $6,000, at the sale of the ninth lot $6,000. The
escrow account shall be set up according to paragraph 4
herein.
C. The Developer shall not be released from this obligation unless
2
County does not pave the road within the time frame set forth
in paragraph 2.C. herein. In no event shall Developers
obligation under this Agreement exceed $54,000 subject to
adjustment to a higher or lower figure from the first quarter of
2002 to the year and quarter in which the contemplated work
is being performed based on The State Highway Bid Price index
contained in the "A Quarterly Cost report" of The Engineering
News-Record as published by The McGraw-Hill Companies.
4. ESCROW AGREEMENT , the terms of which will be subject to review
by the County, that provides at least the following:
A. The cash in escrow when fully funded is $54,000.
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval
of the Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and
enforced without such provision to the extent that this Agreement is
then capable of execution within the original intent of the parties
hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shalt give or allow
any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this
Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding
between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, notation,
renewal, or other alteration of or to this Agreement shall be deemed
3
valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. No Breach of any term,
provisions, or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether
express or implied, shall not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described
herein, make warranties, either express or implied, that the
improvement work and/or maintenance of these roads meet
standards other than those generally required for counties and cities
of the size and type similar to County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns
of the parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this 1eday
of Crk+.H , 20 0
By: `hu�ew Uf.�1o�m�n��l� r ET-10,4C LL �h7� (muncap.3
De $loper
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
4
Statement Describing Method of Payment
1. Name: Highview Development, LLC Frank Wright, Manager
Address 22 Seven Hills Drive
Boulder, CO 80302
2. Name of PUD: HIGHVIEW RANCH
3. Legal Description of land:
Lot B S1/2, NW1/2, S5 TIN R68W
4. Method of financing of the development:
Collateral will be provided with the following method:
A letter of credit from a licensed financial insititution.
Secured by a loan with cash as collateral.
The line of credit will be in an amount equivalent to one
hundred percent (100%) of the total value of the
improvements as set forth in Section 6 and Exhibits as and ab
of the Improvements Agreement.
The line of credit will also meet the other requirements of
Section 8.1 of the Improvements Agreement.
Landowner Signature: 1 G ` ( W Date: 3 -2Q-Oe,
c Q LLC
Highview Ranch Subdivision
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Highview Development, LLC, to be known as the "Declarant", makes this Declaration on the 21St day of
June, 2006.
STATEMENT OF PURPOSE:
A. The real property in Weld County, Colorado, is intended to be developed as "Highview Ranch,"
and is more particularly described as Lots 1 through 9 of the Highview Ranch Subdivision, the
initial Plat of which is to be recorded in the office of the Clerk and Recorder, Weld County,
Colorado.
B. The Declarant establishes this Declaration for this new community for the following purposes:
• To create a residential community with open space;
• To provide for the preservation and maintenance of any Common Areas;
• To encourage a harmonious architecture sympathetic to the environment;
• To provide a guide for development that will preserve certain values while allowing change
when appropriate;
• To allow for self governing of Highview Ranch by its owners; and
• To create a common interest community that conforms to the Colorado Common Interest
Ownership Act.
DECLARATION:
The Declarant, who is the owner of all the property, which comprises the Plat, hereby submits the Plat
to this Declaration of Covenants, Conditions and Restrictions for establishment of a planned community
under the Colorado Common Interest Ownership Act. The Declarant hereby declares that Highview
Ranch; shall be held, sold and conveyed subject to the covenants, conditions, restrictions and
easements of this Declaration, which shall run with the land and be binding on all parties and heirs,
successors and assigns of parties having right, title or interest in all or any part of Highview Ranch.
1. DEFINITIONS
Unless the context otherwise requires, the terms hereinafter set forth, shall have the following
meanings:
1.1 "Act" refers to the Colorado Common Interest Ownership Act as set forth in Colorado Revised
Statutes 36-33.3-101, the statute, which governs the development and operation of this planned
community.
1.2. Design Review Committee "DRC" shall mean and refer to HIGHVIEW RANCH DESIGN
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REVIEW COMMITTEE or (Design Review Board, DRB) as established by Section 11 of these
Covenants.
1.3. "Assessments" is the collective term for the following charges:
a. "General Assessment" is the amount allocated among all Members to meet the Association's
annual budgeted expenses, as described in Section 8.
b. "Individual Lot Assessment" is a charge made to a particular Owner for charges relating only to
that Lot, as provided in Section 8.
c. "Special Assessment" may be charged to each Lot for capital improvements or emergency
expenses, in accordance with the provisions of Section 8.
1.4. "Association" is the Highview Ranch Homeowners' Association, Inc., a Colorado nonprofit
corporation, its successors and assigns. The Association, whose members are the Owners, is,
responsible for maintaining Highview Ranch and enforcing the Declaration.
1.5. "Board" is the Executive Board of the Association.
1.6. 'Building" is any building constructed on any Lot. If permitted by the Highview Ranch Design
Guidelines, a Building may be attached to another Building and share party walls. The Highveiw Ranch
Design Guidelines may permit the construction of two or more Buildings.
1. 7. "Bylaws" are the Bylaws of the Association.
1.8. "Change in Existing State" "Change in Existing State" shall mean and include, but without
limitation:
a. The construction or expansion of any Building, structure or other improvement,
including the utility facilities, upon any Lot;
b. The destruction by voluntary action or the abandonment of any Building, structure or
other improvement upon the Lot:
c. The excavation, filling or similar disturbance of the surface land;
d. The landscaping or planting of trees, shrubs, lawns or plants or the clearing, marring, defacing
or damaging of trees, shrubs or other growing things upon any Lot; and
e. Any change or alteration of any improvement upon any Lot, including without limitation, any
change of color, texture or exterior appearance, of any previously approved Change in Existing
State.
1.9. "Open Space", Common Areas comprises real property within Highview Ranch designated on
the Initial Plat (or any subsequent plat), or specifically conveyed to the Association. "Open Space" also
includes any improvements on that real property (including but not limited to open space irrigation
system, open space landscaping, mail box structures and school bus stops/structures), all utilities, utility
easements and other easement rights and any other property of any type specifically designated as
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Open Space. The Open Space is equivalent to the common areas under the Act and are not dedicated
for use by the general public.
1.10. "Declarant" shall mean and refer to HIGHVIEW DEVELOPMENT LLC, a Colorado limited
liability company, or such other person or entity that purchases all or a portion of the Property in more
than one parcel if such person or entity assumes the obligations of Declarant under this Declaration and
is designated successor Declarant in an instrument recorded with the Clerk and Recorder of Weld
County, Colorado.
1.11. "Declaration" is this Declaration of Covenants, Conditions and Restrictions for Highview Ranch.
1.12 "Design Guidelines" are the Highview Ranch Design Guidelines.
1.13. "Developer" Developer shall mean and refer to HIGHVIEW RANCH DEVELOPMENT, LLC a
Colorado limited liability company and it's successors and assigns.
1.14. "Development" Development shall mean and refer to Highview Ranch and all improvements
thereon.
1.15. A "Lot" is the smallest parcel of land, which may be separately conveyed and is equivalent to
a "unit" under the Act. Ordinarily, Lots are designated as numbered, separately identifiable parcels on
the recorded subdivision plat of Highview Ranch. However, the Declarant may redefine Lots prior to sale
to third parties by combining Lots or portions of Lots and adjusting the boundary of a Lot.
1.16. "Member". Each Owner is a Member of the Association, as provided in Section 5 of this
Declaration.
1.17. "Owner" is the record owner, whether one or more persons or entities, of the fee simple title to
any Lot. Owners shall not include those having such interest merely as security for the performance of
an obligation.
1.18. "Hiqhview Ranch" is the real property shown in the Initial Plat for Highview Ranch as described
on the first page of this Declaration, plus any additional property added by Supplemental Declaration.
Highview Ranch is a planned community under the Act.
2. INSURANCE.
2.1. Review of Coverage. The Board shall review limits of coverage for each type of insurance at
least once each year.
2.2. Casualty Insurance. The Board shall be required to obtain and maintain casualty insurance on
the Open Space Area for broad form covered causes of loss. Endorsements for extended coverage,
vandalism, malicious, mischief, flood and windstorm should be obtained where available at reasonable
cost. Coverage shall be in an amount not less than necessary to comply with the co-insurance
percentage stipulated in the policy, but in any event not less than 100% of the insurable value (based
upon replacement) of the improvements constructed on the Open Space Area, less applicable
deductibles at the time the insurance is purchased or renewed.
2.3. Liability. The Board shall obtain liability insurance in such limit as the Board may from time to
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time determine, insuring against any liability arising out of, or incident to, the ownership and use of the
Open Space Area and any topographic conditions or water access located on or adjoining Highview
Ranch. Whenever practicable, such insurance should be issued on a comprehensive liability basis and
should contain a "severability of interest" endorsement which shall preclude the insurer from denying the
claim of an Owner because of negligent acts of the Association, the Board or other Owners. The policy
shall name the Owners as additional insurers but only for claims and liabilities arising in connection with
the ownership, existence, use, or management of the Open Space Area.
2.4. Director Liability Insurance. The Board may obtain liability insurance insuring against personal
loss for actions taken by members of the Board and advisory members in the performance of their
duties. Such insurance shall be of the type and amount determined by the Board in its discretion.
2.5. Other Coverage. The Board shall obtain and maintain workman's compensation insurance if and
to the extent necessary to meet the requirements of law, and such other insurance as the Board may
determine or as may be requested from time to time by a majority vote of the Members.
2.6. Lot Coverage. Each Owner shall obtain casualty insurance for improvements on the Lot. If
available at reasonable cost, the policy shall name the Association as an additional insured. Coverage
shall be in an amount not less than necessary to comply with the co-insurance percentage stipulated in
the policy, but in any event not less than 80% of the insurable value (based upon replacement) of the
improvements constructed on the Open Space Area, less applicable deductibles at the time the
insurance is purchased or renewed. If requested by the Association, an Owner shall provide evidence of
such insurance to the Association.
2.7. Repair and Reconstruction after Fire or Other Casualty.
a. Common Area. If fire or other casualty damages or destroys any of the improvements on the
Common Area, the Board shall arrange for and supervise the prompt repair and restoration of the
improvements. The Board shall obtain funds for such reconstruction first from the insurance
proceeds, then from reserves for the repair and replacement of such improvements, and then from
any Special Assessments that may be necessary after exhausting insurance and reserves.
b. Lot Improvements. If fire or other casualty damages or destroys a Building or any other
improvements on a Lot, the Owner of that Lot shall immediately proceed to rebuild and restore the
improvements to the condition existing immediately prior to such damage or destruction, unless
other plans are, approved by the Highveiw Ranch Design Review Committee. If the Owner fails to
clean and secure a Lot within 30 days after a casualty, the Association may, remove debris, raze or
remove portions of damaged structures and perform any other clean up the Association deems
necessary to make the Lot safe and attractive. The cost of such clean up shall be assessed to the
Lot Owner as an Individual Lot Assessment.
2.8. Policy Requirement. Insurance policies carried pursuant to this Section 2 must provide that:
a. Each Owner is an insured person under the policy with respect to liability arising out of such
Owner's interest in the Common Area or membership in the Association;
b. The insurer waives its rights to subrogation under the policy against any Owner or member or his
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household;
c. No act or omission by any Owner, unless acting within the scope of such Owner's authority on
behalf of the Association, will void the policy; and
If: at the time of a loss under the policy, there is other insurance in the name of an Owner covering the
same risk covered by the policy, the Association's policy provides primary insurance. If the insurance
described in this Section 2 is not reasonably available, or if any policy of such insurance is canceled or
not renewed without a replacement policy therefore having been obtained, the Association shall give
notice of that fact to all Owners.
3. DESTRUCTION.
3.1. Destruction. In the event of any casualty or occurrence which causes damage or destruction to
the Common Areas or any part thereof or any improvement thereon in excess of Ten Thousand Dollars
($10,000) as reasonably determined by the Association, the Association shall give all first mortgagees
and all Members, or their assigns, prompt written notice thereof. The Association shall have full power
and authority to adjust any such loss with the insurance carrier and to bring suit or negotiate for
reimbursement of such loss, provided that no non-adversary adjustment or settlement of any such loss
shall made by the Association without giving all first mortgagees and all Members at least fifteen (15)
days, prior written notice thereof
In the event of damage or destruction to improvements due to fire or other disaster, the insurance
proceeds, if sufficient, shall be applied by the Association to such reconstruction, and the improvements
shall be promptly repaired and reconstructed. The Association shall have full authority, right and power
to cause the repair and restoration of the improvements.
If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or
destruction shall be promptly repaired and reconstructed by the Association using the proceeds of
insurance on the improvements which have been damaged or destroyed and the proceeds
of an Assessment against the Members, each Member being assessed his share of the difference
between the insurance proceeds and the cost of repairing the improvements.
Any such Assessments shall be made by the Board of Directors after consultation with such Members,
appraisers, contractors and other persons as it deems appropriate. Any Assessments so made shall be
due and payable as provided by the Board of Directors resolution.
The Association shall have full authority, right and power to cause the repair or restoration of the
improvements using all of the insurance proceeds for such purposes, notwithstanding the failure of a
Member to pay the Assessment. Any Assessment not paid shall be collected as provided in this
Declaration.
3.2. Appointment of Attorney-in-Fact. All of the Members irrevocably constitute and appoint the
Association their true and lawful attorney in their name, place and stead for the purpose of repairing and
reconstructing improvements should such improvements be damaged or destroyed as set forth above.
Repair and reconstruction of the improvements, as used in this Article, means restoring the
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improvements to substantially the same condition in which they existed prior to the damage, with each
improvement having the same boundaries as before. The proceeds of any insurance collected shall be
available to the Association for the purpose of repair, restoration or replacements as is provided herein.
As attorney-in-fact, the Association shall have full and complete authorization, right and power to make,
execute and deliver any contract, deed or any other instrument with respect to the interest of any
Member which may be necessary and appropriate to exercise the powers herein granted.
4. ALLOCATION OF INTEREST.
The common expenses of the Association and the voting rights of its members shall be allocated
according to Lot ownership.
4. 1. Common Expenses. Common Expenses shall be allocated among the Lots in Highview Ranch
with each Lot bearing an equal 1/9th share of such expenses.
4.2 Voting. Each Owner shall be entitled to one vote for each Lot owned.
5. OWNERS' ASSOCIATION
5.1 Duties. The Association shall maintain, repair and replace the Common Area, shall perform all
other duties required by this Declaration and the Act, and shall enforce the terms of this Declaration.
5.2 Additional Powers. To the extent permitted by governmental authorities, the Association may, but
is not obligated to, provide the following services or engage in the following activities:
a. insect and pest control; improvement of vegetation and wildlife conditions; forestry
management, pollution and erosion controls;
b. emergency rescue, evacuation or safety equipment; fire protection and prevention; lighting of
Common Roads; traffic and parking regulation and security patrols within Highview Ranch;
c. landscape maintenance; recreation, sports, craft and cultural programs; and newsletters or other
information services;
d. maintenance of easement areas, public rights-of-way and other public or private properties
located within reasonable proximity to Highview Ranch if it's deterioration would affect the
appearance of or access to Highview Ranch; and
e. any other service allowed by law to be provided by an association organized under the Act.
The Board may, by majority vote, initiate, or terminate any of the above services, which shall take
effect, sixty (60) days after notice to the Members, except in an emergency. If requested by petitions
signed by at least 10% of the Members, an Association Meeting maybe called and, if a quorum is
present, the Board's action to initiate or terminate an additional service under this Section 6.2 shall be
repealed by majority vote of the Members. Upon such repeal, the Board may not re-institute or
terminate the service for five years unless also approved by majority vote of the Members.
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5.3. Contracts. The Association may contract with any Party, including the Declarant, for the
performance of all or any portion of the management of the Association and its maintenance and repair
obligations. The cost of the contract shall be included within the General Assessment, Special
Assessment or Individual Lot Assessment as applicable. The Association may require that Owners
contract for certain routine yard maintenance, in order to provide a uniform level of care. The
Association also may, but is not obligated to, act as agent for an Owner, if so requested by that Owner,
to contract for routine maintenance and other services not required to be provided by the Association,
the cost of which would be assessed to that Owner as an Individual Lot Assessment. The terms and
conditions of all such contracts shall be at the discretion of the Board.
5.4. Membership. Every Owner shall be a mandatory Member of the Association.
Membership shall be appurtenant to and may not be separated from title to any Lot.
5.5. Voting Rights. Each Member shall vote in proportion to the interest allocated to that Member's
Lot or Lots in accordance with Section 4.2 (VOTING
5.6. Exercise of Vote. When more than one person holds an interest in any Lot, all such persons
shall be Members. However, the number of votes for that Lot shall not be increased, and the Members
must determine among themselves how the Lot's vote may be exercised. Corporations, partnerships
and other entities shall notify the Association of the natural person who shall exercise its vote.
5.7 Election of Executive Board. The Declarant reserves the right to appoint and remove the officers
and members of the Board to the greatest extent permitted by the Act, it being intended that the
Declarant shall terminate control sixty days after conveyance of all of the Lots in the Highview Ranch.
The Declarant may voluntarily surrender the right to appoint and remove officers and members of the
Board before termination of the control period, in which case the Declarant reserves the right to record
an instrument specifying that certain actions of the Association or Board must be approved by the
Declarant before they become effective.
After the period of Declarant control, the Directors and Officers of the Association will be elected as
provided in the Bylaws of the Association.
5.8. No Compensation for Directors. Directors shall receive no compensation for their services
unless expressly provided for in resolutions adopted by the Members, but may be reimbursed for
expenses.
5.9. Additional Provisions. Additional provisions concerning the operation of the Association and
the Board are contained in the Articles and Bylaws.
6. DECISION MAKING.
6.1. Association Meeting.
a. When called. The Association Meeting shall be called annually for the election of members of
the board, and whenever any action is required by this Declaration to be taken by vote or assent
in writing of the Members. As a convenient reference and not as a limitation, actions requiring a
vote of the Members, or assent in writing, include the following:
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Annexation of Additional Property, Repeal of Additional Services
Election of the Executive Board
Approval of General Assessments when increased 25% Ratification of
expenditures for capital improvements
Repeal of Rules and Regulations adopted by the Board
Amendment of Declaration
Dedication of the Common Area
Annexation into, or Dedication of Common Area to Municipality
Termination of the Declaration
b. Quorum. Voting at an Association Meeting requires presence of members representing the
percentage of votes necessary to transact business. The necessary percentage is determined by
the Bylaws, and if prohibited by the Bylaws and by statute, the Board may revise this percentage
from time to time.
c. Notice. Notice of the meeting must be given to Members in accordance with the Bylaws.
d. Proxies. To the extent allowed by the Bylaws and statute, proxies and limited proxies may be used
to establish a quorum and for voting purposes.
6.2. Action without Meeting. If permitted by the Board, the membership may approve any matter
(specifically including the election of directors) by a written ballot procedure, which may be conducted by
mail, or by written consent without a meeting, without prior notice and without a vote. Voting or consents
shall be in accordance with the Bylaws and statute.
6.3. Board Meetings.
a. Board's Responsibility. Except as specifically provided in this Section or elsewhere in this
Declaration or the Bylaws, the Board has been delegated the power, and shall have the authority to
act on behalf of the Association and to make all decisions necessary for the operation of the
Association, the enforcement of this Declaration and the care of the Common Area.
b. Quorum. Voting at a Board meeting requires presence of at least one-half of the directors, in
person or telephone conference. Any action required to be taken, by vote of the Board may be
taken in the absence of a meeting (or in the absence of a quorum at a meeting) by obtaining the
written approval of a majority of the Board.
6.4. Record Keeping. The Board shall keep a record of all meetings, both of the Board and of the
Association. For each action taken, the record shall state the vote and a description of the action
approved, and, where applicable, the reasons why the action was considered necessary and a summary
of the information on which the decision was based. The record shall be available for inspection by any
Member.
6.5. Approval. Wherever used in this Declaration, approval by a majority or other proportion of the
Members refers to a vote in accordance with this Article, either at a properly called Community Meeting
or through a voting procedure established under Section 7.2. Where the Declaration specifies-consent in
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writing, or request in writing, by a majority or other proportion of all Members, then the necessary
number is based on the number of votes represented by the total Membership of the Association, and
signatures may be collected without a Community Meeting or other voting procedure.
7. ASSOCIATION BUDGET.
7.1. Fiscal Year. The fiscal year of the Association shall begin January I of each year, and end on
December 31 of that year, unless the Board selects a different fiscal year.
7.2. Preparation and Approval of Annual Budget.
a. Initial Budget. The Declarant shall determine the budget for the fiscal year in which a Lot is first
conveyed to an Owner other than the Declarant.
b. Subsequent Years. Beginning with the year in which a Lot is first conveyed to an owner other than
the Declarant and each year thereafter, at least one month before the end of the fiscal year, the
Board shall, by majority vote, adopt a budget for the coming year and set the annual General
Assessments at a level sufficient to meet the budget. At least two weeks before the fiscal year to
which the budget applies, the Board shall send to each Member a copy of the budget in reasonably
itemized form, which shall include the amount of General Assessments payable by each Member.
c. Approval. If General Assessments are to be increased to greater than 125% of the previous year's
General Assessment which was not a year in which General Assessments were guaranteed in
whole or in part by Declarant, and petitions signed by at least 3 of all Members request review within
thirty (30) days after the budget is delivered to Members, the Board shall call an Association Meeting
to present the budget and to answer any questions. After presentation, the budget shall be deemed
approved unless the percentage required to transact business is present and the budget is rejected
by a majority of the Members present. If the budget is rejected, the Board shall approve a new
budget within ten (10) days and send a copy to each Member.
7.3. Budget Items. The budget shall estimate total expenses to be incurred by the Association in
carrying out its responsibilities. These expenses shall include, without limitation, the cost of wages,
materials, insurance premiums, services, supplies and other expenses for the rendering of all services
required by this Declaration or properly approved in accordance with this Declaration. The budget may
also include reasonable amounts, as determined by the Board, for working capital for the Association
and for reserves. If the Common Area is taxed separately from the Lots, the Association shall include
such taxes as part of the budget. Fees for professional management of the Association, accounting
services, legal counsel and other professional services may also be included in the budget.
7.4. Reserves. The Association may build up and maintain reserves for working capital, contingencies
and replacement, which shall be included in the budget and collected as part of the annual General
Assessment. Extraordinary expenses not originally included in the annual budget, which may become
necessary during the year shall be charged first against such reserves. Except in the event of an
emergency, reserves accumulated for one purpose may not be expended for another purpose unless
approved by a majority vote of the Members. If the reserves are inadequate for any reason, including
nonpayment of any Member's assessment, the Board may at any time levy an emergency assessment
in accordance with the provisions of Special Assessment.
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If there is an excess of reserves at the end of the fiscal year and the Board so determines, the excess
may be returned on a pro rata basis to all Members who are current in payment of all assessments
due the Association, or may be used to reduce the following year's assessment, at the Board's
discretion.
7.5. Effect of Failure to Prepare or Adopt Budget. The Board's failure or delay in preparing or adopting
the annual budget for any fiscal year, or review of the budget under Section 7 shall not waive or
release a Member's obligation to pay General Assessments whenever the amount of such
assessments is finally determined. In the absence of an annual Association budget each Member
shall continue to pay the assessment at the rate established for the previous fiscal period until notified
otherwise.
7.6. Accounts. Reserves shall be kept separate from other Association funds either in a single account
for all reserves or separated by purpose. All other sums collected by the Board with respect to
Assessment and charges of all types may be commingled in a single fund.
8. COVENANT FOR MAINTENANCE ASSESSMENTS.
8.1. Assessments. The Declarant, for each Lot owned within the properly submitted to this
Declaration as Highview Ranch, hereby covenants, and each Owner of any Lot by acceptance of a
deed or other transfer instrument, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association the following (to be known collectively as assessment):
a. General Assessments for expenses included in the budget.
b. Special Assessments for the purposes provided in this Delaration, and
c. Individual Lot Assessments for any charges particular to that Lot,
together with a late fee and interest., as established by the Board, and cost of collection when
delinquent, including a reasonable attorneys' fees whether or not suit is brought. Upon default in the
payment of any one or more installments, the Board may accelerate the entire balance of such
Assessment, which shall be declared due and payable in full.
8.2. Allocation of Common Expenses. Common Expenses shall be allocated among the Lots as
provided in Section 4. ("Allocation of Interests").
8.3. General Assessments.
a. Established by Board. The Board shall set the data or dates such assessments become due and
may provide for collection of assessments annually or in monthly, quarterly or semiannual
installments.
b. Date of Commencement. The annual General Assessments shall begin no later than 120 days
following the day of conveyance of the first Lot to an Owner other than the Declarant. The initial
Assessment on any Lot subject to assessment shall be collected at the time title is conveyed to the
Owner. During the initial year of ownership, each Owner shall be responsible for the pro rata share
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of the annual General or Special Assessment charged to each Lot, prorated to the month of closing.
c. Portion for Road/Landscaping Maintenance. The Board shall ensure that each annual general
assessment contains a portion thereof earmarked for the maintenance, snow removal, repairs, and
replacement of roads and landscaping for which the Association may be responsible. The amount of
such portion shall be no less than $30.00 per Lot with annual adjustments for inflations, and the
funds collected shall be held in a separately designated fund. The portion of annual assessments
described in this Section 8.3.c. may not be revoked without the written approval of the Board of
County Commissioners or the governmental authority having jurisdiction over the properly.
d. Portion for annual Lower Boulder Ditch Company operating and maintenance cost for the
detention pond facilities. Their $1,000.00 is to be paid April 1 of each year with a annual
adjustments in accordance with the United States Bureau of Labor Statistics Consumer Price Index
for Denver-Boulder.
8.4 Special Assessment. In addition to the General Assessment, the Board may levy in any fiscal year a
Special Assessment applicable to that year and not more than the next four succeeding years as
follows:
a. Capital Improvements. Any substantial capital improvement which has been approved and/or not
required to be approved by-the Members may be paid by Special Assessment.
b. Emergency Assessment. By a two-thirds (2/3) vote, the Board may impose, a Special Assessment
for any unusual or emergency maintenance or repair or other expense which this Declaration or the
law requires the Association to pay (including, after depletion of reserves, any unexpected
expenditures not provided by the budget or unanticipated increases in the amounts budgeted).
8.5. Individual Lot Assessment. The Association may levy at any time an Individual Lot Assessment
against a particular Lot for the purpose of defraying, in whole or in part, the cost of any special services
to that Lot, for expenses approved by the Association, or any other charges designated in this
Declaration as an Individual Lot Assessment.
8.6. Capital Contribution. At the closing and transfer of title of each Lot to the first Owner other than
the Declarant, the Owner shall contribute an amount equal to two months' assessments, or such greater
amount as required by the Declarant by contract.
This contribution shall be used by the Association for the purpose of initial and nonrecurring capital
expenses of the Association and for providing initial working capital for the Association, and shall not be
considered as a pre-payment of assessments.
8.7. Effect of Non Payment of Assessment; Remedies.
a. Personal Obligation. All Assessments, together with any late fee, interest and cost of collection
when delinquent, including a reasonable attorneys, fees whether or not suit is brought (collectively
the "Assessment Charge") shall be the personal obligation of the person or entity who was the
Owner of the Lot at the time when the assessment was levied, and of each subsequent Owner. No
Owner may waive or otherwise escape liability for the Assessment Charge by abandonment of the
Lot.
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b. Creation of Lien. The Assessment Charge shall also be charged on the land and shall be a
continuing lien upon the Lot against which the Assessment Charge is made, which may be enforced
upon recording of a claim of lien. This lien, in favor of the Association, shall secure the Assessment
Charge which is then due and which may accrue subsequent to the recording of the claim of lien
and prior to entry of final judgment of foreclosure. Any subsequent owner of the Lot shall be
deemed to have notice of the Assessment Charge on the land, whether or not a lien has been filed.
c. Suit for Payment; Foreclosure of Lien. The Association may bring an action at law against the
Owner personally obligated to pay the Assessment Charge, or may foreclose the lien in a manner
similar to a mortgage lien, or both. The Association, acting on behalf of the Owners, shall have the
power to bid for an interest in any Lot foreclosed at such foreclosure sale and to acquire, hold,
lease, mortgage and convey the Lot.
8.8. Other Remedies. The Association shall have the right to assess lines and suspend the voting rights
and right to use of the Common Area by an Owner for any period during which any Assessment against
his Lot remains unpaid.
8.9. Certification of Payment. The treasurer of the Association, upon request of any Owner, shall furnish
a certificate signed by a member of the Board stating whether any assessments are paid to date by that
Owner. Such certificate, when co-signed by the secretary of the Association, may be relied upon by a
good faith purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated
to have been paid.
8.10. FHLM Restriction. Unless at least two thirds (2/3) of the first mortgagees have given their prior
written approval, the Association shall not be entitled to change the method of determining the
obligations, Assessments due or other charges which may be levied against a Lot.
8.11. Examination of Books and Records. A First Mortgagee shall have the right to examine the books
and records of the Association upon reasonable advance notice.
Notice to Mortgagee. Upon request of a mortgagee of any Lot, the Association shall report to such
mortgagee any unpaid Assessments or other default under the terms of this Declaration, which are not
cured by said mortgagee's mortgagor within thirty (30) days. A fee may be charged by the Association to
the mortgagee..
8.13. Notice of Meetings. Any first mortgagee of a Lot, upon written request, shall be entitled to written
notice of all Association meetings and be permitted to send a representative to such meetings.
8.14. Mortgagee as Proxy. Each Owner shall have the right to irrevocably constitute and appoint the
beneficiary of a trust deed to his true and lawful attorney to cast his vote in this Association at any and all
meetings of the Association and to vest in the beneficiary any and all rights, privileges and powers that
he has as Owner under the Articles of Incorporation and By-Laws of the Association or by virtue of the
recorded Declaration of Covenants, Conditions, and Restrictions. Such proxy shall become effective
upon the filing of notice by the beneficiary with the Secretary of the Association at such time or times as
the beneficary shall deem its security in jeopardy by reasons of failure, neglect or refusal of the
Association, the managing agent or the Owners to carry out their duties as set forth in the Declaration of
Covenants, Conditions and Restrictions. A release of the beneficiary's deed of trust shall operate to
revoke such proxy. Nothing herein shall be construed to relieve an Owner as mortgagor of his duties and
obligations as an Owner or to impose upon the beneficiary of the deed of trust the duties and obligations
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of an Owner.
8.15. Payment of Assessments by Mortgagees. Mortgagees of a Lot may, jointly or singly pay taxes,
Assessments or other charges, which are in default and which may or have become a charge against
any Lot.
9. PROPERTY RIGHTS IN THE COMMON AREAS.
9.1. FHLM Restriction. The Association shall not be entitled to abandon, partition, subdivide,
encumber, sell or transfer the Common Areas or improvements thereon. The granting of easements for
public utilities or for other public purposes consistent with the intended use of such properly, and the
granting of short term leases for agricultural uses shall not be deemed a transfer or all encumbrance
within the meaning of this Section.
9.2. Members' Easements of Enjoyment. Every Member shall have a right and easement of enjoyment
in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to
every Lot. However, no right or easement of enjoyment shall arise in any portion of the Common Areas
until that portion of said Common Area has been conveyed to the Association and the deed conveying
the same has been recorded on the records of the Clerk and Recorder of Weld County, Colorado.
The rights and easement of enjoyment created hereby shall be subject to the following:
a. All easements, reservations, restrictions, covenants and agreements of record
affecting the Development as of the date and time of the recording of this document; and
b. The right of the Association to prescribe reasonable rules and regulations governing use of the
Property and the Common Area and providing rules for use by Members, Members families,
tenants, tenants families and guests; and
c. The right of the Association to limit the number of guests of Members; and
d. The right of the Declarant and the Association, in accordance with its Articles and Bylaws, to borrow
money for the purpose of improving the Common Area and in aid thereof to mortgage the Common
Area, or parts thereof, provided that such mortgage shall require the written approval of two thirds
(2/3) of the first mortgagees. In the event of a default upon my such mortgage, the lenders rights
hereunder shall be limited to a right, alter taking possession of such properties, to charge
admissions and other fees as a condition to continued enjoyment by the Members until the
mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the
Association, and all rights of the Members hereunder shall be fully restored; and
e. The right of the Association to take such steps as are reasonably necessary to protect the Common
Areas against foreclosure; and
f. The right of the Association, as provided in-its Articles and Bylaws, to suspend the enjoyment rights
of any Member or his family, tenant, tenant's family or guests for any period during which any
Assessment on the Member remains unpaid and for any period not to exceed thirty (30) days for
any infraction of its published rules and regulations; and
g. The right of the Association to charge Members, Members families, tenants and guests reasonable
admission and other fees for the use of the Common Areas; and
h. The Association will be responsible for obtaining the appropriate insurance for the type of use the
Common Area will be used for. Until such time the area will be off limits to use by anyone.
i. The right of the Declarant or its assigns, employees and contractors to enter upon the Common
Areas and install, construct, maintain, repair, replace and operate drainage facilities.
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9.3. Title to Common Areas.
The Association agrees to accept the Common areas as conveyed and to operate, maintain and repair
all roads, drainage facilities, structures, landscaping, paths and related facilities and amenities now or
hereafter constructed, installed or planted thereon, using its powers of assessments granted herein to
raise funds with which to do so. Specifically, the Association shall be responsible for the following:
a. The operation, maintenance, snow removal and repair-of any roads, drainage facilities, structures,
signs, landscaping and related facilities and amenities now or hereafter constructed, installed or
planted upon the Development; and
b. The operation, maintenance and repair of any roads, drainage facilities (except that which the
ditch company will maintain), structures, facilities, landscaping and appurtenances thereto including,
specifically, drainage or storm sewer facilities and inlet or outlet structures therefore constructed or
installed in or on the Common Areas, and in or on easements attaching or appurtenant thereto.
c. The acquisition and maintenance of the liability insurance described and provided for in this
Declaration.
9.4 . Delegation of Use. Any Member may delegate, in accordance with this Declaration, his rights of
enjoyment to the Common Areas to the members of his family, his tenants, or contract purchasers who
reside on his Lot
9.5. Charges Against Common Areas. Mortgagees, jointly or singularly, may pay over-due premiums on
hazard insurance policies or secure new hazard insurance coverage on a lapse of a policy for such
Common Areas and may also pay taxes and other charges which are in default or which mayor have
become a charge against such Common Areas. A first mortgagee making such payments shall be owed
immediate reimbursement therefore from the Association.
10. OWNERS' COVENANT FOR MAINTENANCE.
10.1 Preservation and/or protection of absorption field. Owner's Duty to Maintain Sanitary Systems. The
Owner of each Lot is required install and maintain there own sanitary system unless the Association (if
required by Weld County) is to become responsible for the care and maintenance of the engineered
septic system servicing the Building located on each Lot. Activities such as permanent landscaping,
structures, dirt mounds, or other items, are expressly prohibited in the absorption field site. If Association
is required to care and maintain the septic systems, then the Association shall obtain and keep current a
septic system maintenance agreement with a qualified aerobic system distributor. The Association shall
be responsible for maintaining each system in accordance with the requirements of the Colorado
Department of Health, the Weld County Health Department and sound sanitary engineering practices
and shall submit maintenance reports every two years and/or as required by the Weld County Health
Department. If Weld County requires Association maintenance, Weld County shall have the power and
ability to enforce the required maintenance hereunder against the Association including the specific
requirement that maintenance including pumping of the individual septic tanks be done on a regular
basis.
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10.2. Owner's Duty to Maintain Ground Cover of Entire Lot. Each Lot shall be kept in a neat and well,
maintained manner. Such maintenance shall include, but not be limited to, adequate irrigation, trimming,
mowing, and weed control (including noxious weed control). All areas within each Lot but outside of the
building footprint shall be seeded with native grasses or ground cover as defined in the Design
Guidelines and/or approved by the Design Review Committee. Each Owner is responsible for
maintenance and landscaping of his or her entire Lot, including portions subject to any utility and
drainage easements. Easements for the installation and maintenance of utilities, trails, landscaping, and
drainage facilities are reserved as shown on the Final Plat, and include any recorded at a later date.
Within these easements, no structure, planting or other materials shall be placed or permitted to remain
that may (1) damage or interfere with the installation and maintenance of utilities, (2) change the
direction of flow of drainage channels in the easements which hinders or obstructs the use of the trails
system, or (3) adversely affects landscaping installed by the Developer. If any landscaping or structure is
installed that violates such requirements, the Association may give the property owner written notice to
remove such landscaping or structure within fifteen (15) days. If the owner fails to move the landscaping
or structure within that time, the Association may have such work done at the expense of the owner of
the Lot. The Owner shall pay for such work within thirty (30) days after written notice to the Owner of the
cost of such work. In the event of failure to pay within that time, the Association may take legal action
against the Lot Owner. The Lot Owner shall be liable for any attorney's fees, expenses, and costs
incurred by the Association in the attempt to collect monies due and owing.
10.3. Owners' Duty to Install and Maintain Landscaping. Each Owner shall, within seven months of
completing a principal residence, complete all landscaping according to a Landscaping Plan approved
by the Design Review Committee, such landscaping shall include, at a minimum, the planting of no
less than 3 trees on the Lot. Deciduous trees planted to satisfy this requirement shall be a minimum 3"
caliper. Evergreen trees planted to satisfy planting requirements shall be a minimum of 8 feet tall. Such
trees shall be maintained, watered, and replaced as necessary at the Owner's expense. View corridors
for adjacent lots and lots on the east and west of Highview Drive shall be taken into consideration
when determining placement of proposed trees.
10.4 Owner's Annnual Drainage Facilities Cost. The developer shall construct all drainage and water
detention and/or retention facilities in accordance with the plans approved by the County Engineer of
Weld County, Colorado and the Lower Boulder Ditch Company.
At such time as the improvements have been completed in accordance with the foregoing paragraph,
the Owners of the Lots shall bear their proportion of all costs of operation and maintenance, of said
facilities. Homeowner associations and buyers of individual lots or homes will be subject to and
burdened by all of the covenants and waivers made by Surface Owner in the Discharge Certificate
Agreement with the New Consolidated Lower Boulder Reservoir and Ditch Company.
10.5 Common Maintenance Costs. Common Maintenance Costs shall be those costs necessary for
the maintenance, repair and/or replacement of Common Areas. Such Common Areas include, but are
not limited to the following: Emergency access roads located in the open space; Riparian areas, if any;
Selected easements owned or held by the Association; Designated open space; Outlots; Stormwater
retention and/or detention facilities; Stormwater conveyance facilities including drop structures, if any,
inlet and outlet structures, stormwater conveyance swales and/or ditches in Common Areas, excluding
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swales and structures running through, over, under and/or adjacent to Lots held in private ownership;
Site identification signs; Site informational and/or directional signage; Incidental facility lighting,
excluding street area lighting; Irrigation systems, excluding such systems owned by individual Lot
Owners; Common gardens and/or entry features; Security gates, if any; Perimeter fencing, if any;
Security fencing, if any; and Any other facilities, area, features, or elements the maintenance
responsibility for which the majority of the Association may accede.
The cost and expense of all maintenance assumed by the Association shall be paid for with Association
funds collected by Assessments or otherwise as elsewhere provided in this Declaration.
11. DESIGN REVIEW.
11.1. Hiqhview Ranch Design Review Committee. The Design Review Committee (DRC) shall consist
of the Declarant, but not to exceed three persons appointed by the Declarant, its successors or
assigns. The Declarant, its successors or assigns shall have the absolute right to remove and appoint
members of the Design Review Committee at any time. The members of the Design Review
Committee shall, as long as the restrictions, covenants, and conditions herein set forth are in force and
effect, perform the duties imposed on it as herein set forth. At any time while the restrictions,
covenants, and conditions herein set forth remain in force and effect, the Declarant and successors or
assigns, may relinquish its powers to determine the number and members of the Design Review
Committee to the Association. Such relinquishment may be accomplished by recording a declaration of
such relinquishment in the office of the County Clerk and Recorder of Weld County, Colorado, and
such relinquishment must occur no later the December 31, 2010. From and after such relinquishment,
the number and members of the Design Review Committee shall be determined by the Board of
Directors of the Association. Neither the members of the Design Review Committee, nor its designated
representatives, shall be entitled to any compensation for services performed pursuant to this
covenant.
Each member of the Design Review Committee shall have one (1) vote to be cast on any issue brought
before the Committee for action. The quorum required for any action of the Design Review Committee
shall be a simple majority of the members of the Design Review Committee assent of a simple majority
of votes of the Committee members attending any meeting of the Design Review Committee shall
constitute approval of any Committee action.
11.2. Powers of the Design Review Committee. So long as the Restrictions, Covenants, and
Conditions herein set forth are in force and effect, the Design Review Committee shall have the
following powers and privileges:
a. The Design Review Committee shall have such powers, privileges and immunities as are set
forth in this Declaration and shall, additionally, have the power to adopt, from time to time, rules
and regulations for the conduct and exercise of it's business and rules and regulations for the
conduct and exercise of its powers, privileges and immunities which shall not be in conflict with
these Covenants.
b. The Design Review Committee shall have sole authority to approve or disapprove any Change
in Existing State.
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c. The Design Review Committee shall have the power to adopt or amend Design Guidelines
providing such adoptions or amendments do not conflict with this Declaration or the quality and
character of the Properties.
d. The Design Review Committee shall have the power to delegate the responsibility for
reviewing any application submitted to the Design Review Committee to a professional
architect, landscape architect, engineer or other professional person who is qualified to pass
on the issues raised in the application.
The Design Review Committee shall also have the power to require that the applicant pay the fees
reasonably incurred by the Design Review Committee in retaining such professional to review the
application submitted.
e. The approval by the Design Review Committee of any proposal or plan and specifications for any
work to be done on a Lot shall not be deemed to constitute a waiver of any right to withhold
approval or consent to any similar proposals, plans, specifications, drawings, or other matters
subsequently or additionally submitted for approval by the same Owner or by any other Owner.
11.3 Approval Required. The approval of the Design Review Committee shall be required for any
Change in Existing State and no work shall be commenced to effect any Change in Existing State until
the Design Review Committee shall approve the change. No proposed Change in Existing State shall
be deemed to have been approved by the Design Review Committee unless such approval is in writing;
provided, however, that such approval shall be deemed granted if the Design Review Committee fails to
approve or disapprove any such proposed Change in Existing State or to make additional requirements
or request additional information within thirty (30) days alter a full and complete description of the
proposed Change in Existing State has been furnished, together with a specific request for such
approval. Any such request shall contain plans and specifications, in such form and with such
information, as may be required by the Design Review Committee.
11.4. Architectural Standards. The Design Review Committee shall prepare and furnish to any Owner
written Design Guidelines which shall set forth the general purposes of the Design Review Committee in
reviewing proposed Changes in Existing State, basic building and landscaping restrictions and
requirements, architectural review procedures and requirements, and regulations pertaining to
construction.
11.5 Fee. Each Owner may be required to pay a fee to the Design Review. Committee as a condition to
approval of any Change in Existing State to cover costs and expenses in reviewing and commenting on
proposals for any Change in Existing State. The amount of such fees shall be established by the Design
Review Committee and shall be set forth in the Design Guidelines.
11.6. Completion of Work After Approval. After approval by the Design Review Committee of any
proposed Change in Existing State, such a Change in Existing State shall be accomplished promptly
and diligently and in complete conformity with the description of the Change and with any plans and
specifications therefore given to the Design Review Committee.
Failure to accomplish a Change in, Existing State within six (6 ) months after the date of such approval
or to complete the proposed Change strictly in accordance with the description thereof and the plans
and specifications therefore shall operate automatically to revoke the approval of the Change in Existing
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State and, upon the demand by the Design Review Committee, the subject Lot shall be restored as
nearly as possible to the state existing prior to any work in connection with the proposed Change. The
Design Review Committee shall have the right and authority to record a notice reflecting that any
Change in Existing State has not been approved or that any approval granted therefore has been
revoked in accordance with this Section 11.6.
11.7. Violations. If there is any Change in Existing State of any Lot otherwise than in accordance with
plans and specifications approved by the Design Review Committee pursuant to the provisions of this
Article, such Change in Existing State shall be deemed to have been undertaken in violation of this
Article and without Approval required herein, and upon written notice from the Design Review
Committee any such Change in Existing State upon any Lot in violation hereof shall be removed or
altered so as to extinguish such violation or violations.
11.8. Lien Right. If fifteen (15) days after the notice Of such Violation in regard to Change in Existing
State the Owner of the Lot upon which such Violation exists shall not have taken reasonable steps to
the removal or termination of the same, or at any time thereafter said Owner fails to diligently remove or
terminate said Violation, and upon approval of seventy-five percent (75%) vote of the Board of Directors
of the Association, the association shall have the right, but not the obligation, through its agents and
employees to enter upon such Lot and to take such steps as may be necessary to extinguish such
Violation. The cost to correct such Violation ("Violation Cost") shall be a binding Personal obligation of
such Owner. The costs to correct any Violation or violations shall include all costs of collection,
including engineering fees, architectural fees, attorney's fees, or other professional fees incurred by the
Association in connection with said Violation. If the Violation Cost is not paid within ten (10) days after
the date of billing, the Violation Cost shall bear interest at the rate of eighteen percent (18%) per annum.
The Association is hereby granted a lien against the Owner's Lot for the costs to correct any such
Violation or Violations together with interest thereon and costs of collecting same which lien shall be
superior to all other liens excepting any tax lien, any first mortgage (including Deed of Trust) recorded
prior to the recording of the lien provided for heroin any lien resulting from delinquency or non-Payment
of required assessments and any non-payment of Default Charges. Said shall lien be Properly
recorded in the office of the Clerk and Recorder of Weld County, Colorado. Said lien may be foreclosed
upon as provided by the laws of the state of Colorado for foreclosure of mortgages on real property.
11.9. Right of Inspection. Any agent or employee of the Declarant, the Association and/or Design
Review Committee may at any reasonable time or times enter upon and inspect any Lot or any Change
in Existing State thereon for the purpose ascertaining whether the maintenance of such Lot and the
maintenance, construction, or Change in Existing State are in compliance with the provisions hereof;
and neither the Design Review Committee or the Association, nor any such agent or employee shall be
deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.
11.10. No Liability. No Member of the Design Review Committee, the Declarant, any agent or
employee thereof, shall be liable for any loss, damage or injury rising out of or in connection with the
performance of the duties of the Design Review Committee under this Declaration, unless such
action constitutes willful misconduct or bad faith on the part of such party. Review and consideration
of any application submitted to the Design Review Committee shall be pursuant to this Declaration,
and any approval granted shall not be considered approval of the structural safely or integrity of the
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improvements to be constructed or conformance of such improvements with building codes, zoning
resolutions, subdivision regulations, or any other governmental rules or regulations applicable to the
Property.
11.11. Animal Control Provision. The Design Review Committee shall also be in charge of enforcing
the covenants and restrictions of this Declaration relating to animals and livestock. The Design
Review Committee shall have the absolute authority to require the removal of any animal from the
Development for a repeated violation of the provisions of this Declaration. The Design Review
Committee may develop rules and regulations pertaining to the health, safety, and welfare of the
animals in the Development. Dogs must be under the control of the owner at all times. Dogs will not
be permitted to chase, annoy, or endanger any other animals or wildlife on the Property and will be
required to stay on their own property.
12. ARCHITECTURAL RESTRICTIONS.
In addition to the architectural restrictions contained in the Design Guidelines, such as a minimum
5/12 roof pitch required, the following restrictions shall apply to development of all Lots:
12.1 Dwelling Size. Every residence shall meet all applicable building and fire codes in effect at the
time of building permit issuance. Every single-story residence constructed on the Lots shall have not
less than 2,500 square feet of floor area above grade devoted to living purposes. Garages,
unfinished basements, crawl spaces, unenclosed or screened areas such as porches, terraces,
breezeways, decks, and carports, and any other unfinished area shall be excluded from the
computation of such minimum finished floor area. If a residence of more than one-story is
constructed a Lot, the total floor area devoted to living purposes shall have not less than 3,000
square feet.
12.2 Building Location. Dwellings and other structures any Lot shall be located within the confines of
any applicable building envelope designated on the plat for the Lot or required by Weld County
and/or at least 100' (one hundred) and not more than 150' (one hundred and fifty) from Highview
Drive. No construction other than driveways shall occur outside this building envelope. Wherever
Weld County Zoning regulations are more restrictive, then the County zoning regulations shall apply.
12.3 Garages and Parking. Each Single Family Dwelling shall have an attached garage having
space for at least three (3) automobiles. An additional garage may be constructed, if approved by the
Design Review Committee. Each Lot must have provision for off street parking for at least two (2)
automobiles, exclusive of garage space. Off street parking shall be provided in such a manner as to
not block or impair garage access to and from the street.
12.4 Fences. The construction (which includes type and size), erection, maintenance, alteration and
refinishing of fences on any Lot shall be subject to the control of the Design Review Committee and
the restrictions and type contained in the Design Guidelines. In addition, no fences may be
constructed within the open space area unless or a part of the development or approved by the
Design Review Committee. No barbed wire shall be allowed on any residential lot. A gate will be
installed if the fence crosses an oil/gas access easement.
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• 12.5 Approved Builder. Any home or other Building constructed in the Development shall be built by
a builder approved by the Declarant. Declarant, his assigns or successors, shall not be held liable for
any builder approved by them. The use of a builder not listed as an Approved Builder is prohibited
without the prior written consent of Declarant, which consent shall not be unreasonably withheld.
12.6 Uniform Building Code. Any and all structures constructed upon or placed upon the subdivision,
including but not limited to residential dwellings and all detached shall be built to and comply with the
Uniform Building Code as adopted by the Uniform Building Code for the State of Colorado.
12.7 Ground Cover. Each Owner agrees to maintain adequate Ground Cover free of noxious
weeds on their described property so wind or water erosion does not occur and cause damage to
adjacent property. Any ground cover loss due to construction shall be replaced within the first growing
season.
12.8 Modification of Architectural Restriction. A modification of any restriction in Article 12 (except
12.6) or the Design Guidelines may be approved in writing by the DRB (on a lot by lot request basics),
if the DRB decides the request does not deviated too much from the original Restriction or Guideline.
13. COVENANT TO COMPLETE HOUSE ON LOT.
13.1. Restrictions on Building, Resale. To allow for timely development of a home and to discourage
leaving a house incomplete, the grantee of a Lot ("Grantee") must substantially compete construction of
a house on the Lot, in accordance with plans and specifications approved by the Design Review
Committee within a limited period of time (the "Construction Period"), as defined in Section 13.2. A
house shall be considered complete when it satisfies the requirements for receiving a certificate of
occupancy from Weld County. There is no date required when construction should start.
13.2. Construction Period. Unless otherwise specified on the purchase and sale agreement of deed, the
Lot owner can obtain a building permit for a home and not actually start construction. But the
Construction Period shall end twenty-four (24) months from the date ground is broken and a foundation
hole is dug for the foundation.
13.3. Enforcement. If Grantee fails to complete a home on the Lot in accordance with approved plans
and specification within the Construction Period and decides to resell the Lot during or after the
Construction Period without having constructed an approved home, then the Declarant shall have the
first right to the following options:
a. The right, but not the obligation, to repurchase the Lot for the amount paid by Grantee to the
Declarant or the current fair market value of the Lot, whichever is less, plus the cost or fair
market value, whichever is less of any improvements made in accordance with plans approved
by the Design Review Committee. Any mortgage or lien on the Lot, all closing costs for the
repurchase and a resale fee of 10% shall be deducted from the amount paid to Grantee by the
Declarant.
b. The right to receive the difference between the amount paid by Grantee to the Declarant
(increased by the cost or fair market value, whichever is less, of any improvements made in
accordance with plans approved by the Design Review Committee and the resale price of the
Lot. Such amount will be both the personal obligation of the Grantee under this agreement and
a lien on the Lot. Except as provided in Section 13.4, the Declarant may exercise its rights
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against the Grantee at any time during the Construction Period or within one year after the end
of the Construction Period, at which time the Declarant's rights shall expire unless the
Declarant has recorded further notice of its intent to exercise it's rights.
13.4. Duration; Assignment. The Declarant shall retain its right under this Section 13 during the
Declarant Control Period as defined in the Act Subsequent to the Declarant Control Period all of
the Declarants rights under this Section 13 shall be automatically assigned to the Association.
13.5. Waiver of Restriction. The Covenant to Complete House on Lot as provided in this Article 13
can be waived in writing, for any Grantee.
14. USE OF PROPERTY.
14.1. Lots 1-9: Residential Use. Each of Lots 1 through 9, inclusive, shall be used exclusively for single-
family residential living purposes and such purposes as are customarily incidental thereto. Only one (1)
single family residence structure shall be permitted to be constructed and maintained on each of such
Lots. Two outbuildings per Lot are allowed but the exterior appearance shall use some or all of the
same exterior materials as the principal residence and the design approved by the DRC. Additional
outbuildings may be added with approval from the Design Review Committee.
Nothing contained in this Section, however, shall be construed as preventing the renting or leasing of
an entire residence as a single unit to a single family.
14.2. Business Use of the Property. No part of the Property shall be used at any time for business,
commercial or professional activity except:
a. The Declarant or its nominee may use any property owned by Declarant in connection with real
estate sales efforts and
b. The Design Review Committee, in its discretion, upon consideration of the circumstances in
each case, and particularly the effect on surrounding property may permit the conduct of a
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professional or home industry.
No such profession or home industry shall be permitted, however, unless it is considered by the Design
Review Committee to be compatible with a high quality residential neighborhood and shall comply with
the following provisions:
1) The Owner or operator of said business must submit an application in writing for such business or
professional use of the dwelling and such application shall include, but not be limited to, the following
information;
a)Where business related materials will be stored.
b) How product, services, or materials will be distributed and advertised.
c)The impact of business generated traffic and parking on neighbors and surrounding neighborhood.
d) Number and type of deliveries required as a result of business activities.
e) Type and number of vehicles to be used to conduct business and where such vehicles are to be
parked.
f) Any additional information as may be requested or required by the Design Review Committee.
2) No persons other than family members permanently residing in the dwelling are to be engaged in
the business; and
3) The use must maintain a non-business, non-commercial appearance at all times; and
4) The home business and/or professional may not pose a nuisance to surrounding properties due to
parking, noise, odor or increased traffic; and
5) Storage of all materials used in the business are screened from public view at all times; and
6) No separate entry is installed, constructed or otherwise provided for the business use of the dwelling
unless approved by the DRB; and
7) No sign or other advertising device, including but not limited to signage or other graphic symbols on
any vehicles used for personal or business use unless approved by the DRB; and
8) The dwelling or the Lot are not used at any time for the marshaling, dispersing or dispatching of
materials, equipment or personnel unless approved by the DRB.
9) No retail sales activities shall be allowed on any Lot unless approved by the DRB.
10) All home occupations must be conducted under the requirements of the zoning resolutions of all
governmental agencies having jurisdiction over the Development.
11) The conduct of the home occupation will not require any visit from customers unless approved by
the DRB.
12) That the conduct of the home occupation shall not generate any additional parking at or near the
residence.
13) The home occupation shall be conducted solely within the interior of the primary dwelling and shall
not occupy more than twenty-five percent (25%) of the dwelling's developed floor area unless approved
by the DRB.
14) No additions to the dwelling or construction or installation of any accessory buildings or structures
shall be permitted for the conduct of a home occupation if not approved by the Declarant or 2/3 of the
association members and the dwelling design is approved by the DRC.
If an established and approved use is determined to have created a nuisance or is determined to be an
abuse of the approved use, the Design Review Committee shall allow the Owner thirty (30) days in
which to correct the nuisance, relocate the use, or terminate use of the Lot and/or Living Unit for
business and/or professional use.
14.3. Combining Lots. Two (2) or more adjacent Lots which are under the same ownership may be
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combined and developed as one Lot but only if approved in writing by the governmental agency having
jurisdiction over the Development and the Design Review Committee. Easements created or
established along the common boundary line of the combined Lot may be changed without the consent
of any person entitled to the use thereof if no improvements have been constructed by such person
within such easements if the written consent of the Design Review Committee is obtained and if any
necessary or desirable alternate easements then exist or are granted or created, satisfactory to the
Design Review Committee, by the Owner of the combined Lots. If easements or property lines are
changed along the common boundary line of combined parcels, the combined parcels shall thereafter
be deemed one Lot and may not be thereafter split and developed as two Lots.
Hereinabove notwithstanding, all provisions of these Protective Covenants including but not limited to
all Assessments and voting rights, shall remain in full force and effect as though the Lots were never
combined.
14.4. Subdivision of Lot. No Lot or Lots shall be subdivided or re-subdivided, except for the purpose of
combining portions thereof with an adjoining Lot, without obtaining approval from the governmental
agency having jurisdiction over the Development and the Design Review Committee and provided that
no additional building site is created thereby. Not less than one entire Lot as orginally platted shall be
used as a building site without the prior written consent of the governmental agency having jurisdiction
over the Development and the Design Review Committee.
14.5. Building. No residential structure shall be erected on any part of the Development, which is not
compatible with the character, quality and amenities associated with the neighborhood and approved in
writing by the Design Review Committee.
14.6. Trash. Etc. Each Lot shall provide a fully enclosed area for containment of trash, garbage, or other
refuse and/or refuse containers. Each Owner must provide for regular removal of trash, garbage, and
refuse, and each Lot at all times shall be kept in a clean, sightly, and in wholesome condition. No trash,
litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials
shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot or the street,
except as reasonably necessary during the period of construction.
14. 7. Unsightly Conditions. No unsightly conditions shall be permitted on any Lot that is visible from any
street or from any other Lot without limiting the generality of the foregoing:
a. All unsightly structures, facilities, equipment (including but not limited to all types of refrigerating,
cooling or heating apparatus), objects and conditions permitted by the Design Review Committee
shall be enclosed within structures approved in writing by the Design Review Committee for such
purposes.
b. Vehicles, of any type, which are in an unsightly or non-running condition, trucks other than pick-up
trucks and mobile homes are not allowed on any part of the property. Boats, trailers, camper bodies,
horse trailers and other trailers, large vehicles such as RV's are permitted but a attempt should be
made to reduce their visibility with structures or hidden behind a fence with bushes or trees and
approved in writing by the Design Review Committee for such purpose, except for vehicles of guests
and visitors for a period not to exceed two weeks at a time. Exceptions (in writing) can be made if
approved by 1/3 vote of the association members or the declarant.
c. Tractors, permitted vehicles other than automobiles, snow removal equipment and garden or
maintenance equipment shall be placed in structures approved in writing by the Design Review
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Committee for such purposes except when in actual use. Exceptions (in writing) can be made if
approved by 1/3 vote of the association members or the declarant.
d. Refuse, garbage and trash shall be kept at all times in a covered container which shall be kept
within structures approved in writing by the Design Review Committee for such purposes.
e. Service areas and facilities for hanging, drying or airing of clothing or fabrics shall be kept within
structures approved in writing by the Design Review Committee for such purposes.
f. Pipes for water, gas, sewer, drainage or other purposes and wires, poles, antennae (not dish
antennas) and other facilities for the transmission or reception of audio or visual signals or electricity
and utility meters or other utility facilities shall be kept and maintained within structures approved in
writing by the Design Review Committee for such purposes or below the surface of the ground.
g. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored or allowed to
accumulate on any Lot except within structures approved in writing by the Design Review Committee
for such purposes.
h. No tanks of any kind shall be erected, placed or permitted upon any part of the Properly without
the written consent of the Design Review Committee.
14.8. Vehicle Repairs, Maintenance and/or Modifications. No vehicle, motorcycle, motorbike, or similar
equipment shall be parked on any Lot or street adjacent thereto while it is undergoing repairs,
maintenance and/or modification except that emergency repairs will be permitted providing that the
extent of such repairs will be restricted to only those repairs necessary to move the vehicle to an
appropriate location where complete repairs may be conducted. Such appropriate location on the
Property shall be within an enclosed garage and not visible to public view during the entire period of
such repairs, maintenance and/or modification. Vehicle maintenance, repair and/or modification within
the Property shall be conducted only within an enclosed garage and not visible during the entire period-
of such maintenance, and/or modification.
14.9. Damage or Destruction of Improvements. In the event of complete or partial damage or destruction
of any improvements on a Lot for any reason whatsoever, the Owner thereof shall promptly proceed to
repair and replace such improvements, subject to approval of the Design Review Committee, as though
such repair or replacement involved construction of an original structure or shall promptly proceed to
totally demolish such improvement and to landscape the portion of the Lot formerly occupied thereby in
a manner approved in writing by the Design Review Committee.
14.10. Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Lot
nor shall anything be done or placed on any Lot, which is or may become a nuisance or cause
embarrassment disturbance, or annoyance to others. Owners recognize that the Development is
located in an agricultural setting immediately adjacent to property used for agricultural and/or horse
purposes. Owners hereby waive any claim against the Association or Declarant for any noise or other
nuisance coming from the out lots or surrounding area.
No sound shall be emitted from any Lot, which is unreasonably loud or annoying; and no odor shall be
emitted from any Lot, which is noxious or offensive to others. The exception to the odor is reasonable
odor form horses allowed animals on a Lot will be permitted but the HOA has the authority to ask Lot
owner to take care of any unreasonably odor from the horses (and other animals) and their refuse.
14.11. Hazardous Activities. No activity shall be conducted on any Lot and no improvement constructed
24
on any Lot, which are, or might be unsafe or hazardous to any person or property.
Without limiting the generality of the foregoing, no firearms shall be discharged upon any Lot nor
anywhere on the Property and no open fire shall be lighted or permitted on any Lot nor anywhere on the
Property except in a contained barbecue unit while attended and in use for cooking purposes or in a
safe and well designed interior or exterior fireplace.
14.12. Animals within the Properties. No horses, donkeys, burros, cattle, lamas, sheep, goats, pigs,
rabbits, poultry or other animals, or livestock, of any kind shall be raised or kept on any lots, except that
residents may keep not more than one (1) horse per Acre, three ( 3 ) dogs, two ( 2 ) cats and lifters
thereof under the age of four ( 4 ) months, or other household animals which are bona fide and
customary household pets and are approved by the Design Review Committee, if they are not raised,
bred or kept for any commercial purposes, are kept within the boundary lines of the Lot of the Owner of
such pets or are under the personal control of the Owner of such pets when outside such Lot and are
kept off any other Lot and do not make objectionable noises or otherwise constitute a nuisance or
inconvenience to any of the residents of the Property. Exception can be made (in writing) from time to
time concerning animals used for a 4-H project with 1/3 approval of the Association Members or the
Declarant.
In the event a dog, cat or other household animal shall constitute a nuisance or inconvenience to a
resident of the Property, or if the area where the animals are maintained is unsightly, in disrepair or is a
hazard to health and welfare of the residents or other animals then the Design Review Committee shall
have the right to direct that the animal be permanently removed from the property.
Dogs, cats and other household animals shall not be allowed to run at large within the Property, but
shall be at all times on a leash or other immediate control of the Owner, or in a fence in area approved
by the DRC. It shall be the duty of the Design Review Committee, or it's representative, to notify the
County Animal Control Authority of pets found at large within the Property in violation of County
Ordinances.
All animals kept shall have current inoculations as required by the Weld County Health Department and
good veterinary practice. Because of the sensitive nature involved in controlling noise, nuisance and care
of animals when viewed from the perspective of adjoining Lot Owners, all control and decisions relating
to the enforcement and retention of animals on any Lot in the Development shall reside in the absolute
control and authority of the Design Review Committee.
14.13 Runoff and Erosion Control. The runoff and erosion from each barn and paddock or corral shall
be controlled so the runoff of water, including wastewater, manure and any other materials from the barn
and paddock or corral areas, does not flow onto adjacent properties or Lots. The owner shall be
responsible for installing and maintaining all runoff control measures.
14.14 Manure Storage and Removal. No manure shall be stored in a location or manner such that it is
unsightly. Each Owner that have horse(s) on a Lot shall be required to remove the manure, refuse form
the barn and paddock, and horse waste material at least two (2) times per month. An Owner shall be
required to remove such materials more frequently if the accumulation is creating a nuisance, including
but not limited to gathering of flies, odors drifting onto neighboring properties or unsightly conditions.
14.15 Grazing. The Owner must take all steps necessary to protect and maintain grass, tress, shrubs and
vegetation on the Lot, and shall not allow de-vegetation to occur. If it comes to the attention of the HOA
that any Owner is grazing (a) horse(s) or other animals on the Lot and has failed to protect and maintain
25
the vegetation, the HOA may immediately issue an order to cease and desist and take all other actions
necessary to enforce this provision.
14.16 Animal Litter. Dogs, cats and other household animals shall not litter the Common Area or other
Lots. It shall be the duty of the Design Review Committee to keep the Common Area free from litter
caused by and left by pets. The Owners of pets known to be at large shall be properly assessed by the
Association for the clean up expenses incurred, together with interest at the rate of 18% per annum, costs
of collection and enforcement to include reasonable attorney's fees, as an Assessment against the owner of
such pets causing such litter, as a part of the Assessments to which the Owner's part is subject. Any such
added Assessment shall not be subject to the maximum Assessment limitations herein contained.
14.17 No Hunting or Trapping. No hunting or trapping with any type of device or animal shall be
allowed within the boundaries of the Property, except that the Design Review Committee may authorize
certain hunting and trapping for defined research purposes or for the purposes of pest control.
However, such authorization may only be granted to those persons who are duly licensed or authorized by
the Design Review Committee, and the conduct of such activities is restricted to a specific duration of
time.
14.18 Agricultural Uses in Common Areas. The Association may authorize the use of certain Common
Areas for the planting of agricultural crops. Such use of the Common Areas shall be allowed under the
terms and conditions of short term leases provided, however, that such lease or leases, shall have the
assent of seventy-five percent (75%) of the votes of the in Members who are voting in person or by proxy
at a meeting duly called for this purpose, written notice of which shall be sent to all eligible voters at least
thirty (30) days in advance and shall set forth the purpose of the meeting. All revenues from such activity
shall inure to the benefit of the Association.
Other provisions of this Declaration not with standing, the person or entity engaged in agricultural use of
the Common Areas shall have the right to store such agricultural equipment on the Common Areas as is
necessary and incident to the agricultural activity.
14.19. No Mining and/or Drilling. No Lot shall be used for the purpose of mining, oil drilling,
development operations, oil refining, quarrying, drilling, boring or exploring for or removing water, oil, gas
or other hydrocarbons, minerals, rocks, stones, gravel or earth.
14.20. Restrictions of Signs. No signs or advertising devices of any nature shall be erected, placed,
permitted or maintained on any Lot, except to identify the address and Owner of such Lot, to indicate that
such Lot is for sale or lease, to advise of rules and regulations or to caution or warn of danger or such
signs as may be required by law. Any signs which are permitted under the foregoing restrictions shall be
erected or maintained only with the prior written approval of the Design Review Committee,
Notwithstanding the above, Declarant shall have the right to erect any sign it deems appropriate in its
sole discretion for the purposes of selling Lots. See Highview Ranch Sign Policy.
14.21. Restrictions of Exterior Lighting. Exterior lighting shall be prohibited on any Lot unless such
lighting is approved in writing by the Design Review Committee and is in total compliance with all rules
and regulations of any governing authority with jurisdiction over Highview Ranch. The restrictions of this
paragraph apply to all proposed exterior lighting, including, but not limited to, proposed lighting to accent
landscaping features, lights at entrance doors to structures, lights at entrances to Lots and along paths
26
or driveways and lights to illuminate permitted signs. Notwithstanding the above, Declarant shall have
the right to erect any lighting it deems appropriate in it's sole discretion for the purposes of real estate
sales providing that such lighting is in compliance with the conditions of all rules and regulations of any
governing authority with jurisdiction over Highview Ranch.
14.22. Temporary Shelters. No temporary building, improvement, structure, tent or canopies shall be
placed upon any Lot except with the prior written consent of the Design Review Committee obtained in
each instance, which consent shall be granted only for a specific social, cultural, entertainment or
recreational purpose of short-term duration. Not withstanding the above, Declarant shall have the right
to erect any shelter it deems appropriate in its sole discretion for the purposes of real estate sales.
14.23. Temporary Structures. No temporary house trailer, tent, garage or outbuilding shall be placed or
erected upon any part of the Property and no residence placed or erected on any Lot shall be occupied
in any manner at any time prior to its exterior being fully completed in accordance with approved plans,
nor shall any residence when completed be in any manner occupied until there is compliance with all
requirements, conditions, covenants, and restrictions herein set forth; provided, however, that during the
actual construction or alteration of a building on any Lot reasonable and necessary temporary buildings
for storage of materials and/or construction office use may be erected and maintained by the person or
entity doing such work. Such temporary storage buildings and/or offices shall be removed upon
completion of the construction, alteration, or remodeling.
14.24. Accessory Structures. All buildings and structures which are accessory to the residential
structure, such as but not limited to swimming pools, tennis courts and other sports courts, pool houses
and the like, shall be subject to the same Design Review as a dwelling structure.
14.25. Barns and Livestock Housing. No barn or shelter for livestock shall be built until approved by the
Design Review Committee. No corrals, paddocks, pens or fenced enclosures for the purposes of
confining livestock shall be constructed until approved by the Design Review Committee. Any other
structure including fencing shall be subject to the same Design Review as a dwelling structure.
14.26. Exception. Notwithstanding any provisions herein contained to the contrary, it shall be expressly
permissible for the builder on a portion of the improvements upon the Property, to maintain during the
period of construction and sale of said structure and/or structures upon such portion of the Property as
approved by the Design Review Committee, such facilities as in the sole opinion of the Design Review
Committee may be reasonably required, convenient or incidental to the builders' construction and sale,
including but without limitation, storage area, security, construction yards, signs, model units and sales
office. Provided that, during the course of such construction, nothing is done by the builder which:
a. Will result in a violation of any of the provisions of this Declaration upon completion
of construction; or
b. Will constitute a nuisance or unreasonable interference with the enjoyment by other Owners of
their Lots.
Notwithstanding the provisions of this Section, during the period of construction, at the end of each day,
to the extent reasonably possible, all refuse, garbage and trash shall he placed in covered containers.
14.27 Sales and Rental Office Exception. Declarant reserves the right to maintain a sales and rental
office within and upon the Property.
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14.28. Variances. The Design Review Committee may authorize variances from compliance with any of
the provisions, covenants, conditions and restrictions contained in this Declaration when circumstances
such as topography, natural obstructions or hardship may require such. Variances must he evidenced in
writing and may he recorded. If such variances are granted, no violation of the provisions, covenants,
restrictions and conditions contained in this Declaration shall be deemed to have occurred with respect to
the matter for which the variance was granted and subsequent Owners may rely on and shall be bound
by the provisions set forth in such variance. The granting of such variance shall not operate to waive any
of the provision, covenants, conditions and restrictions contained in this Declaration for any purpose,
except with respect to the specific Lot and the specific provision covered by the variance.
15. EASEMENTS.
15.1. Utility Easement. Easements for public utilities over and across the Property shall be those
shown upon the recorded plat of the Property and such other easements as may be established
pursuant to the provisions of this Declaration or as may hereinafter be granted over and across the
Property by the Board of Directors of the Association.
Notwithstanding any other provision of this Declaration, the Declarant reserves the right to grant
easements for the installation, repair, and maintenance of water mains, sewers, drainage courses, and
other public utilities, provided that such utilities shall he installed in such manner as to minimize
damage to the natural features of the Property.
15.2. Declarant's Easements. Anything to the contrary herein notwithstanding, the Declarant,
successors and assigns and/or Declarant's agents hereby reserve an easement and right-of-way over
all Lots not conveyed for the sole use of construction improvements, utilities and other matters including
the right to erect temporary buildings. This reservation shall termnate upon conveyance of the last Lot
platted in the Property.
15.3 Solar Easement. Solar easements are allowed if approved by the DRB.
15.4 Drainage and Ditch Easements. All storm water conveyance facilities shall be located in
easements created expressly for the conveyance and management of storm water runoff.
15.5 Emergency Access Road and Oil/Gas Easement. Notwithstanding any other provision of this
Declaration, the Declarant and/his assigns reserve the right to grant to the neighbor that borders
Highview Ranch to the south the right to use the emergency access road to gain access to his
property for emergencies and to expand his entrance to his property off WRC 3 into his property using
the entrance easement for the emergency (oil/gas) road off WCR 3 as shown on the plat of Highview
Ranch. The extra entrance space is to be used only if the property to the south is subdivided and it is
made a requirement of the Weld County Planning Department.
15.6 Water Line Easement. Notwithstanding any provision of this Declaration, the Declarant and/his
assigns reserve the right to grant to the neighbor that borders Highview Ranch to the south the right to
gain access to the water line in the easement located where the water line is in the East /West access
road of Highview Ranch along the South border of Highview Ranch.
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16. DEVELOPER'S ADDITIONAL RESERVED RIGHTS.
16.1. Models; Sales and Management Offices. The Declarant reserves for itself, its assigns and the
Developer the right to maintain a sales office, a management office (which can serve as a overnight
security office) and an unlimited number of models within Highview Ranch. These facilities may be
located on any Lot in Highview Ranch and may be relocated from time to time at the Declarant's
discretion. The sales office management office and models may be owned by different entities,
including builders and other entities which are unrelated to the Declarant or Developer. At the end of
its use as a sales or management office or model, the Lot shall be owned by the owner of record,
subject to all normal covenants and restrictions. Subject to state law and local ordinances, the
Declarant or its assigns may maintain signs on the Common Area and on the sales office,
management office and models advertising Highview Ranch.
16.2. Commercial Use of Images. The Declarant shall have the following rights:
a. The exclusive right to grant permission for the Common Area to be photographed, sketched,
painted or otherwise reproduced for promotional, publishing, academic or commercial use, and
b. The right to grant similar permission for reproduction of the exteriors of any other part of
Highview Ranch. Such exteriors may be reproduced without the consent of, or payment to, the Lot
Owner, but the above right is not intended to prevent any Owner from granting independent
permission for any part of Highview Ranch owned exclusively by that Owner, in which case the
consent of the Declarant shall not be required.
The exercise of these rights shall not interfere with the normal and customary rights of architects as to
structures designed by them. The Declarant may collect a fee for its consent to the use of Common
Area images, or for providing support services to photographers or others.
17. WELD COUNTY RIGHT-TO-FARM COVENANTS.
17.1 Weld County's Right To Farm. Weld County is one of the most productive agricultural counties
in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of
• Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas; open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features, which attract urban dwellers to rural Weld County, would quickly be gone forever.
17.2 Agricultural users of the land should not be expected to change their long established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities
will generate off-site impacts, including noise from tractors and equipment, slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement,
silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be
moved out of the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
17.3 Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a
29
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
17.4 Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared
for several days after a major snowstorm. Snow removal for roads within subdivisions is of the lowest
priority for public works or may be the private responsibility of the homeowners. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more
self-sufficient than urban dwellers.
17.5 Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operation, high-speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present
real threats to children. Controlling children's activities is important, not only for their safety, but also for
the protection of the farmer's livelihood. Parents are responsible for their children.
18. NOTICE OF OIL AND GAS OPERATIONS
18.1 Potential owners are hereby notified that there are Oil and Gas Operations on the Property and that
the Property is subject to the terms of a Surface Use Agreement. Such potential owners are hereby
notified of the following:
18.2 They are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the
Property;
18.3 There may be ongoing oil and gas operations and production on the surface of the Property within
the Oil and Gas Operations Areas, pipeline easements and access routes;
18.4 There are likely to be wells drilled and oil and gas production facilities constructed and installed
within the Oil and Gas Operations Areas and flowlines and pipelines constructed and maintained on the
Property including open space areas;
18.5 Heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and
production operations and such operations may be conducted on a 24-hour basis; and
18.6 Homeowner associations and buyers of individual lots or homes will be subject to and burdened by
all of the covenants and waivers made by Surface Owner in the Surface Use Agreement, including, but
not limited to those covenants and waivers; i) prohibiting the location of any building, structure, or other
improvement within the Oil and Gas Operations Areas; H) waiving objections to the drilling of wells, the
construction of facilities and the conduct of oil and gas operations on the Property consistent with this
Agreement; and iii) waiving objections to the setback requirements under the rules of the COGCC or any
local jurisdiction.
19. GENERAL PROVISIONS.
19.1 Dissolving the Homeowner's Association. The Homeowners Association shall not be dissolved
without the prior written consent of the Board of County Commissioners of Weld County.
30
19.2. Duration. The Covenants, Conditions and Restrictions of this Declaration shall run with the land,
and shall inure to the benefit of the Association and the Owner of any Lot subject to this Declaration,
their respective legal representatives, heir, successors, and assigns, for a term of thirty (30) years from
the date this Declaration is recorded, after which time these covenants shall be automatically extended
for successive periods of ten (10) years unless an instrument terminating these Covenants and
Restrictions signed by the then Owners of two thirds (2/3) of the Lots and two thirds (2/3) of the first
mortgagee has been recorded prior to the commencement of any ten year period.
19.3. Amendments. These Covenants and Restrictions may be amended by an instrument executed
on behalf of the Association by the President and attested by the Secretary; provided that any
amendment shall have the assent of two thirds (2/3) of the votes of the Members who are voting in
person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all
Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Any
amendment must be properly recorded.
The quorum required for any action authorized by this Section shall be as follows:
a. At the first meeting called, as provided for in this Section, the presence at the meeting of
Members or of proxies entitled to cast sixty percent (60%) of all the votes of the Membership shall
constitute a quorum. If the required quorum is not forthcoming at this meeting, another meeting
may be called, subject to the notice requirements set forth above and the required quorum at
such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting; provided, that no such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
19.4 Enforcement. The Association, any Owner, Design Review Committee and/or the Declarant, may
enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens,
and charges now or thereafter imposed by the provisions of the Declaration, either to prevent or restrain
any violation of same, or to recover damages or other clues for such violation, or to obtain such other
relief as may be available. Failure by the Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
19.5. Notices. Any notice required to be sent to any Member or Owner under the provisions or this
Declaration shall be deemed to have been properly sent when mailed, post-paid, to the last known
address of the person who appeared as a Member or Owner on the roster of the Association at the time
of such mailing.
19.6. Attorney's Fees and Costs. If any action is brought in a court of law or put into arbitration as to the
enforcement, interpretation, or construction of any of these Covenants, Conditions and Restrictions, the
prevailing party in such action shall be entitled to recovery of engineering fees, architectural fees,
attorney's fees, or other professional fees as well as all costs incurred in the prosecution or defense of
such action.
19.7. Binding Effect. The benefits and duties herein accrued to or imposed upon the Declarant shall
be binding upon and inure to the benefit of the Declarant and its successors and assigns.
19.8. Power to Assign and Delegate. Declarant shall have the right and power to assign and delegate
to any person or entity its successors and assigns, at any time and from time to time, all or part of any of
the rights, powers, authorities, title, interest, and duties contained in this Declaration.
19.9. Mergers. Upon a merger or consolidation of the Association with another Association as
31
provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be
transferred to another surviving or consolidated association or, alternatively, the properties, rights and
obligations of another association may by operation of law, be added to the Property, rights and
obligations of the Association as a surviving corporation pursuant to a merger. The surviving or
consolidation association shall administer the covenants and restrictions established by this Declaration
together with the covenants and restrictions established upon any other properties as one scheme. No
such merger or consolidation, however, shall effect any revocation, change or addition to the covenants,
established by this Declaration except as hereinafter provided.
19.10. Zoning and Specific Restrictions. The restrictions contained in this Declaration shall not be
taken as permitting any action prohibited by the applicable zoning laws, or the laws, rules or regulations
of any governmental authority, or by specific restrictions imposed by any deed or lease. In the event of
any conflict between the provisions of this Declaration and restrictive provisions of such laws, rules,
regulations, deeds, and/or leases, the most restrictive provision or provisions shall apply.
19.11. Titles and Section Headings. Titles of Articles and Section headings shall be disregarded in the
interpretation of this Declaration, and shall have no binding effect.
19.12. Paragraph Captions. The captions of the paragraphs are set forth only for convenience and
reference, and are not intended in any way to define, limit, or describe the scope or intent of this
Agreement.
19.13. Severability. If any provision of this Declaration is declared by a court of competent jurisdiction
to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other
provisions of this Declaration shall remain fully enforceable, and this Declaration shall be interpreted in
all respects as if such provision were omitted.
19.14 Governing Law. This Declaration shall be construed in accordance with the laws of the State of
Colorado.
IN WITNESS WHEREOF the undersigned, being the owner of Highview Ranch Subdivision, Weld
County Colorado has hereunto set his hand and seal the date and year first written above.
Highview Development, L.L.C. ve'' A''re
By: 1—(tGe,k--E rvJ
Frank E. Wright, Man er •
NA: n :0
••VBL\•—./co
STATE OF COLORADO } OFCOk-OP
} SS My Commission Evires 4/7/2007
COUNTY OF WELD }
The foregoing instrument was acknowledged before me, a Notary Public, this2?hay
of "2uNne, , 200_(2.by Frank E. Wright as Manager of the Highview Develo n .L.C.
•
WITNESS my hand and official seal.
My commission expires: � ,2001
otary Public
32
ARTICLES OF INCORPORATION
HIGHVIEW RANCH HOMEOWNERS' ASSOCIATION,INC.
(A NONPROFIT CORPORATION)
The undersigned, acting as incorporator of a corporation under the Colorado Revised Nonprofit
Corporation Act, hereby certifies the following Articles:
ARTICLE 1
NAME
The name of the corporation is Highview Ranch Homeowners' Association,Inc.(the"Association).
ARTICLE 2
PERIOD OF DURATION
The duration of the Association shall be perpetual.
ARTICLE 3
PURPOSES OF THE ASSOCIATION
The Association does not contemplate pecuniary gain or profit of the members thereof.
The primary purposes for which the Association is formed are (a) to provide for the operation, administration,
use, and maintenance of a real estate project containing residential homes, including the administration, use and
maintenance of certain common areas, more fully described under the Declaration for Highview Ranch., as
amended from time to time (the "Declaration"); (b) to serve the legitimate interests of the owners of the units
used for residential purposes within the property; and (c) to promote the general health, safety, and welfare of
the owners, residents and occupants of the property.
ARTICLE 4
POWERS
In furtherance of the purposes stated above,the Association shall and may exercise all of the
rights, powers, privileges, and immunities now or subsequently conferred upon nonprofit corporations
organized under the laws of the State of Colorado.
ARTICLE 5
LIMITATION OF LIABILITY
No director of the Association shall have any liability to the Association or to its members for
monetary damages for breach of fiduciary duty as a director, except to the extent such exemption from
liability is not permitted under the Colorado Revised Nonprofit Corporation Act. Any repeal or
modification of the foregoing sentence shall not adversely affect any right or protection of a director in
respect of any act or omission occurring prior to such repeal or modification.
ARTICLE 6
INDEMNIFICATION
The Association shall provide indemnification either, directly or indirectly through insurance policies
or otherwise, to the fullest extent permitted by law, for any individual who serves as a director, officer,
employee or agent of the Association, or who serves at the request of the Association as a director, officer,
partner, trustee, employee, or agent of any other foreign or domestic corporation or of any partnership,joint
venture, trust, other enterprise or employee benefit plan, against liabilities and expenses such individual
incurs in connection with holding such position.
Whenever such an individual seeks indemnification by the Association against any liability or expenses
incurred in any threatened, pending or completed proceeding in which the individual is a party because he or
she holds or has held any such position, the Association shall proceed diligently and in good faith to make a
determination, in the manner permitted in the Colorado Revised Nonprofit Corporation Act, whether
indemnification is permissible in the circumstances. If indemnification is determined to be permissible, the
Association shall indemnify the individual to the fullest extent permissible, provided that any indemnification
for expenses shall be limited to the amount found reasonable by an evaluation conducted in a manner
permitted by the Colorado Revised Nonprofit Corporation Act.
This article shall not be interpreted to limit in any manner any indemnification the Association may be
required to pay pursuant to the Colorado Revised Nonprofit Corporation Act, any court order, or any contract,
resolution or other commitment, which is legally valid.
ARTICLE 7
REGISTERED OFFICE AND REGISTERED AGENT
The mailing address of the initial registered office of the Association is 22 Seven Hills Dr. Boulder, CO
80302. The initial registered agent of the Association shall be Highview Development, LLC. The mailing
address of the principal office is 22 Seven Hills Dr. Boulder, CO 80302.
ARTICLE 8
INITIAL EXECUTIVE BOARD
The initial Executive Board shall consist of two persons("Directors"), and this number may be changed
by a duly adopted amendment to the Bylaws, except that in no event may the number of Directors be less than
three in the future.
ARTICLE 9
MEMBERS
The Association shall have one classes of members as set forth in the Bylaws of the Association. All
members of the Association shall be voting members. Any person who holds title to a lot in The Highview
Ranch Subdivision (hereinafter"Lot") shall be a member of the Association. There shall be one membership
for each Lot. This membership shall automatically transfer upon the conveyance of that Lot. Voting shall be
one vote per Lot, and the vote to which each membership is entitled is the vote assigned to its Lot in the
Declaration of the Highview Ranch Subdivision. If a Lot is owned by more than one person,those persons
shall agree among themselves how a vote for that Lot's membership is cast. Individual co-owners may not cast
fractional votes. A vote by a co-owner for the entire Lot's membership interest shall be deemed to be pursuant
to a valid proxy, unless another co-owner of the same Lot objects at the time the vote is cast, in which case
such membership's vote shall not be counted.
ARTICLE 10
NONPROFIT
The association shall be a nonprofit corporation, without shares of stock.
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ARTICLE 11
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by members representing
not less than two thirds of the total votes of members entitled to be cast on Association matters as described in
the Declaration. Upon dissolution of the Association, the assets, both real and personal of the Association, shall
be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as
those to which they were required to be devoted by the Association. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust
or other organization to be devoted to purposes and uses that would most nearly reflect the purposes and uses to
which they were required to be devoted by the Association.
ARTICLE 12
AMENDMENT
The provisions of these Articles may be amended or terminated, in whole or in part, from time to time,
upon the written consent of members of the Association representing not less than two thirds of the total votes
of members entitled to be cast on Association matters as described in the Declaration; provided, however, the
Executive Board may amend these Articles to the extent permitted by law.
ARTICLE 13
INCORPROATOR
The name of the incorporator is Highview Development, LLC
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BYLAWS
OF
HIGHVIEW RANCH HOMEOWNERS' ASSOCIATION
The name of the corporation shall be HIGHVIEW RANCH HOMEOWNERS'
ASSOCIATION, INC. a Colorado nonprofit corporation (the "Association").
ARTICLE 1
PURPOSES,ASSENT OF MEMBERS,AND DEFINITIONS
Section 1.1 Purposes. The specific purposes for which the Association is formed are
(1)to provide for the maintenance, preservation and control of the project(hereinafter, "Highview
Ranch") containing residences only, located on that certain tract of real property situated in the
County of Weld; State of Colorado, as more fully described as Highview Ranch filed for record
with the Office of the Clerk and Recorder of Weld County, Colorado, (2) to serve the legitimate
interests of the Owners of each of the Residential Lots, and (3) to promote the general health,
safety and welfare of the Owners, residents, and occupants of Highview Ranch.
Section 1.2. All present or future Owners, tenants, future tenants, or any other person
using the facilities of Highview Ranch in any manner are subject to these Bylaws and any rules
adopted by the Executive Board pursuant to these Bylaws. The mere acquisition or rental of any
of the Lot within Highview Ranch or the mere act of occupancy of any of those Residitual units
shall constitute an acceptance and ratification of these Bylaws and an agreement to comply with
said rules.
Section 1.3 Definitions. Unless otherwise specified, capitalized terms used in these
Bylaws shall have the same meanings in these Bylaws as such terms have in the Articles of
Incorporation.
ARTICLE 2
MEMBERSHIP
Section 2.1 Membership. Ownership of a Lot is required in order to qualify for
membership in the Association.
Section 2.2 Representation on Executive Board. If title to a Lot is held by a firm,
corporation, partnership, association, or other legal entity or any combination thereof, or if any
individual or entity shall have title to more than one Lot, then in either case, that individual or
entity may appoint, by a writing furnished to the Association, a delegate to represent each such
Lot as a candidate for, and if elected, as a member of, the Executive Board in the manner
described below. Such delegate shall not vote as a member of the Association unless such person
shall be appointed by a proxy executed in conformance with Sections 3.6 and 3.7 of these Bylaws
to cast the voting interest of the Lot which he represents.
Section 2.3 Responsibilities of Members. Any person, including Declarant, upon
becoming an Owner of a Lot, shall automatically become a member of the Association and be
subject to these Bylaws. Such membership shall terminate without any formal Association action
whenever such person ceases to own the Lot, but such termination shall not relieve or release any
such former Owner from any liability or obligation incurred under, or in any way connected with,
the Association during the period of such ownership, or impair any rights or remedies which the
Executive Board of the Association or others may have against such former Owner arising out of
ownership of the Lot and membership in the Association and the covenants and obligations
incident thereto.
Section 2.4 Membership Certificates. No certificates of stock shall be issued by
the Association, but the Executive Board may, if it so elects, issue membership cards to Owners
of Lots. Such membership card shall be surrendered to the Executive Board of the Association
whenever ownership of the Lot designated on the card shall terminate.
Section 2.5 Membership.
2.5.1 Residential Lot Members. All Owners of Residential Lots,
including Owners of undeveloped Residential Lots, and Declarant so long as Declarant continues
to own an interest in a Residential Lot, shall be Residential Lot Members. An Owner of any
Undeveloped Property (including Declarant if Declarant continues to own an interest in any such
Undeveloped Property) shall be a member of this class only if such Undeveloped Property is
approved to for a future Residential Unit, subject to having voting rights as set forth in Section
2.6 ..
Section 2.6 Voting Rights. Each Lot shall be allocated a number of votes for the
purpose of matters relating to Association issues as set forth below:
2.6.1 Residential Units. Each Residential Lot shall be allocated one
(1)vote.
2.6.2 Undeveloped Property. Until such time as individual Residential
Units are created, as contemplated by the County Documents each separately owned parcel of
Undeveloped Property shall be allocated one (1) vote in the Association to which the
Undeveloped Property belongs.
Section 2.7 Election of Directors. During the Declarant Control Period (hereinafter
defined), the Directors shall be elected as provided in Section 4.2 herein below. It is hereby
determined that, after the expiration of the Declarant Control Period, in order to protect the valid
interests of the Owners, the Executive Board is hereby entitled to elect certain Directors thereto.
After the expiration of the Declarant Control Period, the Executive Board shall consist of three
(3) persons, of which the Residential Unit Members shall be entitled to nominate and elect all (3)
of the three (3) Directors, All members of the Executive Board shall be entitled to participate in
all Association affairs which affect Highview Ranch.
Section 2.8 Fairness Standard. The Executive Board, the officers of the Association
and the Association shall have the duty to represent the interests of the Residential Unit Members
in a fair and just manner on all mailers that may affect the Owners. In upholding their duties, the
Executive Board, the officers and the Association shall be held in their decisions to the standards
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of good faith and reasonableness with respect to such matters, taking into account the effect, if
any, of the matter on Highview Ranch as a whole.
Section 2.9 Voting by Association Members. To the extent a matter is to be submitted
to the vote of the members of the Association, all members shall be entitled to participate in the
vote on such matters.
ARTICLE 3
MEETINGS OF MEMBERS
Section 3. I Place of Meeting. Meetings of the Association members shall be held at
such place within Weld County, Colorado as the Executive Board may determine.
Section 3.2 Annual Meeting. The first annual meeting of the Association members
shall be held within one year after the date of the adoption of these Bylaws. Thereafter, the
annual meetings of the Association members shall be held on a date and at a time selected by the
Executive Board in each succeeding year. The purpose of the annual meetings is for the election
of Directors and the transaction of such other business of the Association as may properly come
before the meeting.
Section 3.3 Special Meetings. Special meetings of the Association members may be
called by the President, the Executive Board or by members representing not less than twenty-
two and one half percent(22.5%) of the total votes entitled to be cast on Association matters.
Section 3.4 Notice of Meetings. Written notice given in accordance with Section 4.8
of the Declaration to the members stating the place, day, and hour of each meeting, and, in case
of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered
and effective not less than ten (10), or if notice is mailed by other than first class or registered
mail, no fewer than thirty(30)days, nor more than sixty (60) days before the date of the meeting,
by or at the direction of the President or the persons calling the meeting as provided under these
"Bylaws, to the registered address for notice of each Unit entitled to be represented by a vote at
such meeting.
Section 3.5 Adjourned Meetings. If any meeting of Association members cannot be
organized because a quorum, as defined below in Section 3.8, has not been attained, the members
who are present, either in person or by proxy, may adjourn the meeting from time to time until a
quorum is obtained.
Section 3.6 Proxies. Votes may be cast in person or by proxy, but no proxy shall be
valid after eleven (14) days from the date of its execution unless otherwise provided in the proxy.
Proxies shall be filed with the Executive Board of the Association at or before the appointed time
of each meeting. The Executive Board shall have the power and authority to approve the form of
proxy used and, at a minimum, such form shall include the following: (1) identification of the
Unit to which the proxy relates; (2)the name of the holder of the proxy(which must be only one
individual); (3) the scope of the power granted by the proxy; (4) the duration of the power
conveyed by the proxy; and(5)the signature of all Owners of record of the Unit.
Section 3.7 Designation of Voting Representative--Proxy. If title to a Unit is held by
more than one individual, by a firm, corporation. partnership, association, or other legal entity, or
any combination thereof, a proxy may be executed and filed with the Association in accordance
with Section 3.6 of these Bylaws appointing and authorizing one person or alternate persons to
attend all annual and special meetings of the Association members and to cast the vote allocated
to that Lot. In the absence of a proxy, the vote allocated to the Lot shall be suspended in the event
more than one person or entity seeks to exercise the right to vote on anyone matter. In the event
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that a vote is cast by a member on behalf of such member's Lot without objection at the meeting
at which such vote is cast by any other Owner of such Lot, then such person shall be deemed for
all purposes under the Declaration and these Bylaws to be the duly and validly appointed
representative for all Owners of the Lot. The Association and the Executive Board shall be
entitled to rely on the authority of such Owner to vote with respect to the Lot and the vote cast by
such person shall be the validly cast vote of all of the Owners of such Lot and shall bind such
other Owners.
Section 3.8 Quorum and Voting. Except as otherwise provided in these Bylaws, the
presence in person or by proxy of the Association members possessing ten percent (10%) of all
votes entitled to be cast at the meeting shall constitute a quorum, and such members present in
person or by proxy shall constitute the members entitled to vote upon any issue presented at a
meeting at which a quorum is present. A majority of votes entitled to be cast by such members
present in person or by proxy shall be sufficient to make decisions binding on all Owners, unless
a different number or method of voting is expressly required by statute or the articles of
incorporation of the Association, or these Bylaws. At any meeting of the members of the
Association at which a quorum is present, a quorum shall be deemed to exist throughout such
meeting until it is adjourned.
ARTICLE 4
EXECUTIVE BOARD
Section 4.1 Number and Qualification. The affairs of the Association shall be
governed by an Executive Board, composed of from three (2) to seven (7) persons during the
Declarant Control Period and three (3) persons thereafter. The Directors may be nonresidents of
Colorado, but all Directors elected by the members (as opposed to any Directors appointed by
Declarant pursuant to Section 4.2 below must be owners of Units, or their delegates.
Section 4.2 Declarant Control. Notwithstanding anything to the contrary provided for
herein, Declarant shall be entitled during the Declarant Control Period (defined below) to appoint
and remove the members of the Association's Executive Board and officers of the Association,
subject to the following restrictions:
4.2.1 Not later than sixty (60) days after conveyance by Declarant of eighty
percent (80%) of the Units to Owners, at least one member and not less than twentyfive percent
(25%) of the members of the Executive Board shall be elected by all Owners other than Declarant
at large.
4.2.2 Not later than the termination of the Declarant Control Period the
Owners shall elect an Executive Board of three (3) members in the manner and subject to the
provisions of Section 2.7 of these Bylaws, at least a majority of whom shall be Owners other than
Declarant or designated representatives of Owners other than Declarant
4.2.3 The Declarant Control Period is hereby defined as the period of
time commencing on the date of incorporation of the Association and terminating on the earliest of the
following events: (I)sixty (60) days after conveyance by Declarant of eighty percent(80%) of the Units
after the last conveyance of a Unit by the Declarant in the ordinary course of business, or(2)twenty
years after recordation of the Declaration.
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Section 4.4 Initial Executive Board. TheInitial Executive Board shall initially consist of two
Directors. The two directors to be appointed by the Declarant
Section 4.4 Terms of Office of Initial Board. The terms of office of the Executive
Board initially appointed by Declarant under Section 4.3 above shall be set by Declarant (subject
to the provisions of termination under Section 4.2).
Section 4.5 Terms of Office of Subsequent Boards. Every Director elected to replace
the members of the Executive Board appointed by Declarant during the Declarant Control Period
shall serve a term of from one (1) to three (3)years, so that the term of one-third (1/3)(or as close
thereto as possible) of the Directors shall expire each year. Elections of Directors shall be
conducted as provided in Section 4.6 below. The Directors shall hold office until their successors
have been duly elected and qualified.
Upon expiration of the Declarant Control Period, the Directors shall be elected to
staggered terms of office as follows: Directors who receive the highest number of votes shall be
elected to a three (3)year term, the Director who receives the third highest number of votes shall
be elected to a two(2)year term, and the Director who receives the least number of votes shall be
elected to a one (1) year term (in the event of a tie, such Directors shall agree among themselves
regarding their terms). All Directors elected to replace the Directors initially elected by the
members after the expiration of the Declarant Control Period shall be elected for three (3) year
terms.
Section 4.6 Board Elections. Upon the events listed in Section 4.2 above requiring that
certain member(s) of the Executive Board be elected by the Owners other than Declarant, a
special meeting of the Association shall be called to hold elections for persons to replace such
resigning members of the Executive Board.
The Directors shall hold office until their successors have been duly elected and qualified.
Nominations of candidates for the Executive Board may be made by any members of the
applicable membership classification in the Association (including persons who are then
members of the Executive Board). The candidate receiving the largest percentage of all votes of
members within the applicable membership classification present in person or represented by
proxy at the meeting shall be elected. Cumulative voting is prohibited.
Section 4.7. Removal of Directors. At any regular or special meeting of the Association
duly called at which a quorum of member are present, anyone or more of the Directors elected by
a category of members may be removed with or without cause by a vote of sixty-seven percent
(67%) of the votes of such members present and entitled to be cast at such meeting; provided,
however, that any Director elected by Declarant may be removed only by Declarant. Successors
may then and there be elected by such members to fill the vacancies thus created.
Any Director whose removal has been proposed shall be given an opportunity to be heard
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at the meeting. The Executive Board shall designate by resolution or motion when such
regular or special meeting shall be held after such meeting is properly set or called in accordance
with these Bylaws and Colorado law.
Section 4.8 Vacancies. Any vacancy occurring in the Executive Board may be filled
by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the
Executive Board. The term of the Director so elected shall be coincident with the term of the
replaced Director.
Section 4.9. Quorum of Directors. A majority of the number of Directors fixed from
time to time by these Bylaws shall constitute a quorum for the transaction of business. Any act by
a quorum of the Directors shall be an act of the Executive Board.
Section 4.10 Place and Notice of Directors Meetings. Any regular or special meetings of
the Executive Board may be held at such place within or without the State of Colorado and upon
such notice as the Board may prescribe. Attendance of a Director at any meeting shall constitute
a waiver of notice of such meeting, except when a Director attends a meeting for the express
purpose of objecting to the transaction of any business because the meeting is not lawfully called
or convened. Before, at, or after any meeting of the Executive Board, any member of the Board
may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the
giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or
special meeting of the Executive Board need be specified in the waiver of notice of such meeting.
The Executive Board shall have the right to take any action in the absence of a meeting, which
they could take at a meeting by obtaining the written approval of all members of the Executive
Board. Any action so approved shall have the same effect as though taken at a meeting of the
Executive Board.
The Executive Board may participate in a meeting by means of a conference telephone or
similar communications equipment by which all persons participating in the meeting can hear
each other at the same time. Such participation shall constitute presence in person at the meeting.
Section 4.11 Powers and Duties. The Executive Board shall have the powers and duties
necessary for the administration of the affairs of the Association. The Executive Board may do
all such acts and things, which are not specifically required to be done by the members of the
Association by law,the articles of incorporation of the Association or these Bylaws.
Section 4.12. Other Powers and Duties. Without limiting the generality of the powers
and duties set forth in Section 4.11 of these Bylaws,the Executive Board shall be empowered and
shall have the powers and duties as follows:
4.12.1 To administer and enforce the covenants, conditions, restrictions,
easements, uses, limitations, obligations, and all other provision and to perform the Functions of
the Association.
4.12.2 To adopt and amend from time to time administrative rules and
regulations governing the use and operation of the Common Area.
4.12.3 To keep in good order,condition, and repair all the Common Area and
all items of personal property, if any, used in the enjoyment of Highview Ranch. No approval of
the Owners is required for expenditures for these purposes.
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4.12.4 To designate and remove personnel necessary for the operation,
maintenance, repair, and replacement of the Common Area.
4.12.5 In accordance with the terms of the Bylaws, to obtain and maintain in
effect the insurance coverage specified in the Bylaws to the extent that insurance is available
from reputable carriers at costs which are not demonstrably unreasonable.
4.12.6 Subject to the budgeting procedures contained in the Bylaws, to fix,
determine, levy, and collect the prorated annual Assessments to be paid by each of the members
towards the gross expenses of Highview Ranch,and to adjust, decrease, or increase the amount of
the Assessments, and to credit any excess of Assessments over expenses and cash reserves to the
members against the next succeeding Assessment period.
4.12.7 To levy and collect special Assessments whenever, in the opinion of
the Executive Board, it is necessary to do so in order to meet increased operating or maintenance
expenses or costs, or additional capital expenses, or because of emergencies, subject to any
limitations imposed by the Bylaws, and further subject to the requirement that all special
Assessments shall be based on a budget adopted in accordance with the terms of the Bylaws prior
to levying a special Assessment.
4.12.8 To collect delinquent Assessments by suit or otherwise and to enjoin
or seek damages from an Owner as provided in these Bylaws; to enforce a late charge of fifteen
percent(15%) of the amount outstanding or such other charge as the Executive Board may fix by
rule from time to time in connection with Assessments remaining unpaid more than fifteen (15)
days from the due date for payment thereof; and to collect interest on unpaid Assessments at the
Maximum Rate in effect on the date the obligation to pay such interest arises.
4.12.9 To collect transfer Assessments.
4.12.10 To protect and defend Highview Ranch from loss and damage by suit
or otherwise.
4.12.11 Subject to restrictions as may be set forth in the Declaration and the
Act, to borrow funds in order to pay for any expenditure or outlay required for Highview Ranch
or portion of Highview Ranch pursuant to the authority granted by the provisions of these Bylaws
and to authorize the appropriate officers to execute all such instruments evidencing such
indebtedness as the Association may deem necessary.
4.12.12 To dedicate, sell, or transfer all or any part of the Common Area to any
public, governmental, or quasi-governmental agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members and subject to such additional
limitations as may be set forth in the Bylaws or the Act (the Act currently restricts the
conveyance or encumbrance of the Common Area pursuant to Section 38-33.3-312 thereof).
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4.12.13 To enter into contracts within the scope of their duties and powers,
including, without limitation, contracts with any District or other homeowners associations or
entities to provide services for the benefit of members and their families, guests, tenants and
invitees.
4.12.14 To establish a bank account for the treasury and for all separate funds
which are required or may be deemed advisable by the Executive Board.
4.12.15 To keep and maintain full and accurate books and records showing all
of the receipts, expenses, or disbursements of the Executive Board and to permit examination
thereof by Owners and their Mortgagees at convenient weekday business hours.
4.12.16 To prepare and deliver annually to each member a statement showing
all receipts, expenses, or disbursements since the last such statement, including depreciation and
other tax information. In the event the Association elects to delegate powers of the Executive
Board relating to collection, deposit, transfer or disbursement of Association funds to a Managing
Agent, an annual accounting for Association funds and a financial statement shall be prepared
and presented to the Association by the Managing Agent, a public accountant, or a certified
public accountant.
4.12.17 To collect an initial contribution for working capital from each Owner
who purchases a Unit from Declarant and from any successor Owner of a Lot equal to $125.00,
which shall be used by the Association as a working capital fund for the Common Area.
4.12.18 To impose fines, suspend voting, or suspend any rights of an Owner or
other occupant for violations of any rules and regulations or other Association Documents;
provided, however, that the Executive Board shall not take action against an Owner or occupant
for such violations unless and until the procedure set forth below is followed:
4.12.18.1 Demand. Written demand to cease and desist from the alleged
violation will be served upon the alleged violator specifying (1) the alleged violation, (2) the
action required to abate the violation, and (3) a time period of not less than ten (10) days during
which the violation may be abated without further sanction, if such violation is a continuing one,
or a statement that any additional similar violation may result in the imposition of a sanction
after notice and hearing, if the violation is not continuing.
4.12.18.2 Notice. At any time within twelve (12) months of such demand,
if the violation continues past the period allowed in the demand for abatement without penalty or
if the same rule is subsequently violated, the Executive Board or its delegate will serve the
violator with written notice of a hearing to be held by the Executive Board. The notice will
contain the following: (1) the nature of the alleged violation, (2) the time and place of the
hearing, which time will not be less than ten (10) days from the giving of the notice, (3) an
invitation to attend the hearing and produce any statement, evidence,. and witness on the Owner's
behalf, and(4)the proposed sanction to be imposed.
4.12.18.3 Hearing. The hearing will be held pursuant to the notice,
affording the Owner a reasonable opportunity to be heard. Prior to the effectiveness of any
sanction under these Bylaws, proof of notice and the invitation to be heard will be placed in the
minutes of the meeting. Such proof will be deemed adequate if a copy of the notice, together with
a statement of the date and manner of delivery, is entered by the officer, Director, or agent who
8
delivered such notice. The notice requirement will be deemed satisfied if the alleged violator
appears at the meeting. The minutes of the meeting will contain a written statement of the results
of the hearing and the sanction, if any, imposed. Written and oral evidence may be presented. The
presenting party will provide copies of any written evidence to the other party or parties. The
decision of the Executive Board will be final.
4.12.18.4 Appeal. The Executive Board may, in its sale discretion,
appoint a Hearing Committee to hear the matter. In such event, the above procedure will apply
except that either party may appeal the decision of the Hearing Committee to the Executive
Board by written notice to the Hearing Committee, the other party and the Executive Board. The
Executive Board will consider the minutes of the hearing and report the decision of the Executive
Board within a reasonable period of time not exceeding sixty(60)days after receipt of the notice.
The decision of the Executive Board will be final.
The procedures described in this Subsection shall not be necessary in order for the Executive
Board to impose any sanction or penalty for nonpayment of a delinquent Assessment.
4.12.19 In general, to perform all other acts permitted under the Act, to carry
on the administration of the Association and to do all those things necessary and responsible in
order to carry out the proper governance and operation of the Association
Section 4.13 Managing Agent. The Executive Board may employ for the Association a
Managing Agent at a compensation established by the Executive Board, to perform such duties
and services specified in Section 4.12 above as the Executive Board shall authorize; provided,
however, that the Executive Board in delegating such duties shall not be relieved of its
responsibility under the Bylaws or the Act. The Managing Agent shall be obligated to maintain
(1) fidelity insurance coverage or a bond in an amount not less than $50,000 or such higher
amount as the Executive Board may designate, and (2) all funds and accounts of the Association
separate from the ftmds and accounts of any other associations managed by the Managing Agent.
Section 4.14 Directors Compensation. Directors shall not be paid any compensation for
their services performed as such Directors, unless a resolution authorizing such remuneration
shall have been adopted by the Association. Each member of the Executive Board shall not
receive reimbursement for transportation, meals, and lodging expenses for attendance at such
meeting of the Executive Board.
ARTICLE 5
OFFICERS AND THEIR DUTIES
Section 5.1 Enumeration of Officers. The officers of the Association shall be a
President, Vice President, Secretary, Treasurer and such other officers as the Executive Board
may from time to time by resolution create. The President must be a member of the Executive
Board.
Section 5.2 Election of Officers. The election of officers shall take place at the first
meeting of the Executive Board and thereafter at the first meeting of the Executive Board
following each annual meeting of the members.
Section 5.3 Term. The officers of the Association shall be elected annually by the
executive Board, and each shall hold office for one year unless such officer shall sooner resign,
9
or shall be removed or otherwise disqualified to serve.
Section 5.4 Special Appointments. The Executive Board may elect such other officers
as the affairs of the Association may require, each of whom shall hold office for such period,
have such authority and perform such duties as the Executive Board may from time to time
determine.
Section 5.5 Resignation and Removal. Any officer may be removed from office with
or without cause by the Executive Board. Any officer may resign at any time by giving written
notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date
of receipt of such notice or at any later time specified therein and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 5.6 Vacancies. A vacancy in any office may be filled by appointment by the
Executive Board. The officer appointed to such vacancy shall serve for the remainder of the term
of the officer he replaces.
Section 5.7 Multiple Offices. Any two or more offices may be held by the same
person.
Section 5.8 The duties of the officers are as follows:
5.8.1 President. The President shall: preside at all meetings designated for
all Association members and the Executive Board; see that orders and resolutions of the
Executive Board are carried out; sign all leases, mortgages, deeds, and other written instruments;
co-sign all promissory notes of the Association; prepare, execute, certify and record amendments
to this Declaration on behalf of the Association; and exercise and discharge such other duties as
may be required of the President by the Executive Board.
5.8.2 Vice-President. The Vice-President shall: act in the place and stead of
the President in the event of his absence, inability, or refusal to act; and exercise and discharge
such other duties as may be required of the Vice-President by the Executive Board.
5.8.3 Secretary. The Secretary shall: record the votes and keep the minutes
of all meetings and proceedings of the members and the Executive Board; keep the corporate
stamp or seal of the Association and place it on all papers requiring said stamp or seal; serve
notice of meetings of the Executive Board and of the members; keep appropriate current records
showing the members of the Association together with their addresses; and perform such other
duties as required by the Executive Board.
5.8.4 Treasurer. The Treasurer shall: receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse such funds as directed by
resolution of the Executive Board; co-sign all promissory notes of the Association; sign all
checks of the Association unless the Executive Board specifically directs otherwise; keep proper
books of account; at the direction of the Executive Board, cause an annual audit of the
Association books to be made by a public accountant at least once in every three fiscal years; and
prepare an annual budget and a statement of income and expenditures to be presented to the
membership at its regular annual meeting, and deliver a copy of each to the members.
10
ARTICLE 6
INDEMNIFICATION OF DIRECTORS AND OFFICERS
To the extent permitted by the Colorado Revised Nonprofit Corporation Act and
governing law, and consistent with the articles of incorporation of the Association, the
Association shall indemnify every Director, officer, employee and agent of the Association and
every person who serves at the request of the Association as a manager, director, officer,
employee, fiduciary or agent of any other foreign or domestic corporation or of any partnership,
joint venture, trust, or other enterprise or employee benefit plan against any liability asserted
against or incurred by such person in any such capacity or arising out of that person's capacity as
such. The indemnification permitted under this Article shall not extend, in any event, to any act
or omission occurring prior to the date of incorporation of the Association.
In the event of a settlement, indemnification shall be provided only in connection with such
matters covered by the settlement as to which the Association is advised by counsel that the
person to be indemnified has not been guilty of such actions or omissions in the performance of
such person's duties for the Association. The foregoing rights shall not be exclusive of other
rights to which such Director or officer or other person may be entitled. All liability, loss,
damage, cost, and expense• arising out of or in connection with the foregoing indemnification
provisions shall be treated and handled by the Association as a Common Expense.
ARTICLE 7
BYLAWS
Section 7.1 Amendments. These Bylaws may be amended by action of the Executive
Board, at a'regular or special meeting of the Executive Board, or by the Members at a regular or
special meeting thereof by a majority of votes of members present at such meeting for which a
quorum exists. No amendment shall serve to shorten the term of any Director, impair the rights of
a membership classification without approval of that classification, conflict with the Act or delete
any provision which must be contained in these Bylaws under the terms of the Act, or conflict
with the articles of incorporation of the Association.
Section 7.2 Compliance With the Act. These Bylaws are intended to comply with the
requirements of the Act. If any of these Bylaws conflict with the provisions of the Act, the
provisions of the Act will govern the Association.
Section 7.3 Conflict Between Documents. In the case of any conflict between the
articles of incorporation of the Association and these Bylaws,the articles shall control.
ARTICLE 8
SERVICES
The Association, whether through all Owners or through a Managing Agent, shall initially
provide, among others, the following services relating to the administration and operation of the
Association and Highview Ranch, funded through the related payments outlined below from
regular, annual Assessments, which may be amended or supplemented from time to time by the
procedures set forth in the Bylaws;
11
8.1.1.1 administrative payroll;
8.1.1.2 accounting services;
8.1.1.3 provision of offices supplies;
8.1.1.4 provision of maintenance supplies;
8.1.1.5 legal services;
8.1.1.6 electricity service for the Common Area, including area
lighting;
8.1.1.7 trash removal from Common Areas;
8.1.1.8 payment of reimbursable expenses of the Executive
Board
8.1.1.9 maintenance of insurance for the Common Areas, and
other insurance;
8.1.1.10establishment of a reserve fund for maintenance, repair,
and replacement of the Common Area;
8.1.1.11administration of the transfer Assessments; and
8.1.1.12such other services as are described in the Bylaws or
other Association Documents.
ARTICLE 9
NONPROFIT CORPORATION
The Association is not organized for profit. No member of the Association, member of the
Executive Board, or person from whom the Association may receive any property or funds, shall
be lawfully entitled to receive any pecuniary profit from the operations of the Association, and in
no event shall any part of the funds or assets of the Association be paid as a dividend, or be
distributed to, or inure to the benefit of, any member of the Association or Director. The
foregoing, however, shall neither prevent nor restrict the following: (1) reasonable compensation
may he paid to any member or Director acting as an agent or employee of the Association for
services rendered in effecting one or more of the purposes of the Association, (2) any member or
Director may, from time to time, be reimbursed for his actual and reasonable expenses incurred in
connection with the administration of the affairs of the Association, and (3)the distribution of any
proceeds of insurance or from condemnation or the sale of Highview Ranch.
12
ARTICLE 10
OBLIGATIONS OF THE OWNERS
Section 10.1 Assessments. Except as otherwise provided in this Declaration, all Owners
shall be obligated to pay the Assessments imposed by the Association to meet the Common
Expenses and such other expenses as set forth in the Bylaws. Unless otherwise determined by the
Association, the annual Assessments, and any special Assessments which are to be paid in
periodic installments, shall be paid periodically in advance and shall be due and payable to the
Association at its principal office, or as the Association may otherwise direct in any Management
Agreement, without notice (except as otherwise required by the Bylaws), on the first day of the
payment period. A member shall be deemed to be in good standing and entitled to vote at any
annual or special meeting of members, within the meaning of these Bylaws, if, and only if, he
shall have fully paid all Assessments made or levied against him and the Lot owned by him.
Section 10.2 Registration of Mailing Address. All Owners of each Lot shall have one and
the same registered mailing address to be used by the Association for mailing of notices,
demands, and all other communications; and such registered address shall be the only mailing
address of a person or persons, firm, corporation, partnership, association, or other legal entity or
such combination thereof to be used by the Association. Such registered address of a Lot Owner
or Owners shall be furnished by such Owners to the secretary of the Association within five days
after transfer of title; and such registration shall be in written form and signed by all of the
Owners of the Lot or by such persons as are authorized by law to represent the interests of all
Owners thereof. Notwithstanding the foregoing, the Association shall be entitled to rely upon any
such registration or other notice of a change in address of the Owners of the Lot, which is signed
by less than all of the Owners of such Lot(s). If the Lot is the registered address of the Owners;
then any notice shall have been deemed to be duly given if it is delivered to any person
occupying that Lot or, if such Lot (residence) is unoccupied, if the notice is held, and available
for the Owners at the principal office of the Association. The registered address may be changed
from time to time by designation in accordance with this Section.
Section10.3 Use of Common Areas. Each Owner shall use the Common Areas in
accordance with the purpose for which it is intended without hindering or encroaching upon the
lawful rights of the other Owners.
Section 10.4 Assessments, Debts and Other Obligations By Lot Owners. The
Assessments, debts and other obligations assumed by the Owner include the following:
10.4.1 The duty of Owners as set forth in this Declaration to reimburse the
Association for repair or replacement of Common Areas when such
repair or replacement is occasioned by the negligent or willful act or
omission of said Owner, his family members, employees, guest,
invitees.
10.4.2 The duty to pay all annual, special, transfer and default Assessments
provided for The duty to adhere to and comply with all use
restrictions.
10.4.3 The responsibility for each Owner to obtain insurance related to his
13
Lot(residence).
10.4.4 The duty to pay any separately metered or assessed utility cost and ad
valorem taxes and special assessments levied by the State of
Colorado or any political subdivision thereof on an Owner's Unit.
10.4.5 The duty to indemnify and hold harmless each of the other Owners and
the Association, from any liability arising from the claim of any
mechanics' liens against an Owner's Unit or against the Common
Areas.
10.4.6 The obligation to submit to the appointment of the Association as
attorney-in-fact for purposes of dealing with Highview Ranch upon
its damage,destruction,or obsolescence.
10.43 The restrictions, limitations, and prohibitions relative to partitioning,
severing ownership interests in the Common Areas, and leasing
residences..
10.4.8 Such other duties and obligations as may be imposed under these
Bylaws and other Association Documents.
ARTICLE 11
COMMITTEES
The Executive Board of the Association may appoint such committees as deemed appropriate
in carrying out its purposes, including a committee to supervise the maintenance, repair or
replacement of the Common Areas.
ARTICLE 12
BOOKS AND RECORDS; STATEMENT OF ACCOUNT
Section 12.1 Inspection. The records of receipts and expenditures of the Executive Board
and other books, records and papers of the Association, the articles of incorporation, and these
Bylaws of the Association as well as any Management Agreement and, any rules and regulations
of the Association, shall be available for inspection during convenient weekday business hours
by the Owners and their lenders and to holders, insurers or guarantor of First Mortgages at the
principal office of the Association, where copies may be purchased at a reasonable cost.
Section 12.2 Statement of Account. Upon fourteen (14) days prior written notice to the
relevant Managing Agent, if any, or to the Executive Board, and payment of a reasonable fee, any
Owner shall be furnished a statement of the Owner's account setting forth the amount of any
unpaid assessments or other charges due and owing from such Owner.
14
ARTICLE 13
CORPORATE SEAL
The Association shall have a seal or stamp in circular form having within its form the words:
"Highview Ranch Homeowners' Association Inc."
11
ARTICLE 14
FISCAL YEAR
The fiscal year of the Association shall begin on a date to be determined by action of the
Executive Board, except that the first fiscal year shall begin on the date of incorporation.
CERTIFICATION
The foregoing Bylaws constitute the original Bylaws of the Association, as duly adopted
by the Declarant,to be effective as of the 30th day of June, 2006.
15
HIGHVIEW RANCH PUD Developer: Frank Wright
PZ-1074 (Change of Zone from Ag to PUD) Planner: Chris Gathman
PT S2NW4 5-1-68
ZONED PUDJESTATE
IS NOT IN FLOOD PLAIN (0850C)
IS NOT IN STORM WA 1 ER PROJECT AREA
RIF AREA #3
LEFT HAND WA)tR DISTRICT
ENGINEERED INDIVIDUAL SEPTIC SYSTEMS
NATURAL GAS - KINDER-MORGAN
UNITED POWER
QWEST COMMUNICATIONS
ST VRAIN VALLEY SD
MOUNTAIN VIEW FPD
ERIE PO
STANDARD ESTATE ZONE BULK REQUIREMENTS
9 RESIDENTIAL LOTS W/OPEN SPACE
REVISED 4/11/06 (UN)
Lot 1 5627 Highview Drive
Lot 2 15623 Highview Drive
Lot 3 5615 Highview Drive
Lot 4 5611 Highview Drive
Lot S 5612 Highview Drive
Lot 6 5616 Highview Drive
Lot 7 5620 Highview Drive
Lot 8 5624 Highview Drive
Lot 9 5628 Highview Drive
Lin Dodge, WC Building Tech
r 140lf C
Statement Describing Method of Payment
1. Name: Highview Development, LLC Frank Wright, Manager
Address 22 Seven Hills Drive
Boulder, CO 80302
2. Name of PUD: HIGHVIEW RANCH
3. Legal Description of land:
Lot B S1/2, NW1/2, S5 T1N R68W
4. Method of financing of the development:
Collateral will be provided with the following method:
A letter of credit from a licensed financial insititution.
Secured by a loan with cash as collateral.
The line of credit will be in an amount equivalent to one
hundred percent (100%) of the total value of the
improvements as set forth in Section 6 and Exhibits as and ab
of the Improvements Agreement.
The line of credit will also meet the other requirements of
Section 8.1 of the Improvements Agreement.
Landowner Signature: ---(4"-(C Date: 2 -2Q-06
ce,vt 9 (LC_
NEW CONSOLIDATED LOWER
BOULDER RESERVOIR AND DITCH
COMPANY
DRAINAGE CERTIFICATE
ISSUED TO: HIGHVIEW DEVELOPMENT, LLC
ISSUED BY: NEW CONSOLIDATED LOWER BOULDER RESERVOIR
AND DITCH COMPANY
This CERTIFICATE shall serve as verification and notice that Applicant has
complied with the Company's requirements concerning the introduction of
storm drainage water into the Company's irrigation ditch. This
CERTIFICATE is not valid unless signed by an Officer of the New
Consolidated Lower Boulder Reservoir and Ditch Company.
PROJECT NAME: HIGHVIEW RANCH
CERTIFICATE NUMBER: 2006003
APPLICANT: HIGHVIEW DEVELOPMENT, LLC
ACREAGE TO BE DRAINED: ≤ 75 acres
ASSESSMENT DATE: On or before April 1 of each year.
David J. Yardley
Secretary
New Consolidated Lower ulder Reservoir and Ditch Company
Date: gut 16 , 2006
ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC
SCHOOL SITES
In accordance with the Intergovernmental Agreement Concerning Fair Contributions for Public
School Sites between the Town of Erie and the St. Vrain Valley School District RE-1J, the St. Vrain
Valley School District acknowledges that the applicable payments in-lieu of land dedication for
public school sites, as set forth below, has been paid by the person or entity and for the property
described, to be deposited into the Fair Contribution for Public School Sites Account.
Property address (if known):
Lot and Block Number: �O t Zd i
Name of Area or Development:A-4u €t3 an
Penn
Calculation of Fee Amount (Based on Type of Residential Dwelling)
1. Single Family @ $645 per unit: No of Units ' x $645 totals $ 6 --lS
2. Duplex/Triplex @ $492 per unit: No. of Units x $492 totals $
3. Condo/Townhouse @ $288 per unit: No. of Units x $288 totals $
4. Multi-Family @ $223 per unit: No. of Units x $223 totals $
5. Mobile Home @ $386 per unit: No. of Units x $386 totals $
Date Paid:7026106 a610L Receipt Number:°vO'SJ Amount Paid: $ Co / I
Feeder Area: Erie (Acct. 29.767.0000.2040.000000.11)
St. Vrain Valley School District RE-1J
By: ' /" jl!f La2
ten-
' • Authorized School District Representative •
• (NLVALID WITHOUT SCHOOL DISTRICT SEAL)
Atcvu ,e.,,,, De Jet.) Q Me-,.,it, L 1. G - -r1C--•,te 1,jrltSk tv.o,.c�c
Property Owner(s) Name (please print) ��
FOr,IL WM
Property Owner(s) Signaturbks) (If paid by Owner)
Contractor's Name (please print)
Contractor's Signature (If paid by Contractor)
MAPS
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date: March 28, 2006
RE#:
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
frank Wri6ht Manager Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497
1. Applicant Name Highview Development, up PUD P11-1074 Phone 303-440-0381
Address 22H-even Hills DR. City Bnnirlar State in Zipgnn2
2. Address or Location of Access
Section 5 Township 1 Range 68w Subdivision Block Lot
Weld County Road#: Side of Road Distance from nearest intersection 1 /2
3. Is there an existing access(es)to the property? Yes x No #of Accesses one
4. Proposed Use:
I Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary 5O Subdivision ❑ Commercial ❑ Other
•t*ei+wi*ee+weeei++rtsree+r++reea*traw*a+ee*+re**tr»t*tre+f**:t*h**++m*fta+-tnreese*ini**+etrstreteir*tfr*3 fmxrt+ai:a*xrt
5. Site Sketch Highway 52
Legend for Access Description: -
AG = Agricultural
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
= House 9 lot CD
O = Shed PUD O
NI C
R U_
3 O Proposed ®0&G
Access
AG O_
0&G access - O_
fltltHtllftf kNfYfflf}tytY
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation Authorized ❑ Information Insufficient
Reviewed By:
Title:
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REFERRAL LIST
Name: Wright Case# PF-1074
County Towns &Cities Fire Districts
Attorney _Ault _Ault F-1
z Health Department _Berthoud _Berthoud F-2
_Extension Office _Brighton Briggsdale F-24
_Emergency Mgt Office- Ed Herring z Dacono _Brighton F-3
z Sheriffs Office _Eaton _Eaton F-4
z Public Works z Erie _Fort Lupton F-5
Housing Authority _Evans _Galeton F-6
_Airport Authority Hudson F-7
_Firestone _
z Building Inspection _Fort Lupton _Johnstown F-8
z Code Compliance S.-Beth z Frederick LaSalle F-9
z Kim Ogle (Landscape Plans) _Garden City z Mountain View F-10
_Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11
_Ambulance Services _Greeley _Nunn F-12
_Grover _Pawnee F-22
State _Hudson _Platteville F-13
z Div. of Water Resources _Johnstown _Platte Valley F-14
_Geological Survey _Keenesburg _Poudre Valley F-15
Department of Health _Kersey _Raymer F-2
z 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 _Windsor/Severance F-17
_Milliken
Division of Wildlife _New Raymer
z South Hwy 66 (Loveland) _Northglenn
_North Hwy 66 (Greeley) _Nunn
_Division of Minerals/Geology _Pierce
_Platteville
Soil Conservation Districts _Severance Commissioner
Big Thompson/ FTC _Thornton
_z_Boulder Valley/Longmont _Windsor
_Brighton/SE Weld
_Centennial Counties
Greeley/West Greeley _Adams
_Platte Valley z Boulder
_West Adams _Broomfield
_Little Thompson _Larimer
Federal Government Agencies Other
US Army Corps of Engrs z School District RE-1J
_USDA-APHIS Vet Service _Central Colo. Water Cons
_Federal Aviation Admin _RR
(Structures over 200 ft or w/in z Lower Boulder Ditch
20000 ft of Pub Airport _Art Elmquist (MUD Area)
_Federal Communications Comm
rstr;:,),
Weld County Referral
' April 7, 2006
C.
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review:
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5, 2006 Planner Kim Ogle
Project Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381; Pt. S2 NW4 Section 5, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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.
Utility Board Hearing (if applicable) May 11, 2006
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
g We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: k t`-P.utt Lc; rst MJJ (Xrt E14C��� e' [ '—i-ti'Ct no
\mr1C.thcnl U'r -c flt*c j
Signature ` Date LA-1 r,
Agency 4nztc
❖Weld County Planning Dept. }4209 CR 24.5, Longmont, CO 80504 t(720)652-4210 ext.8730 ❖(720)6524211 fax
vpUNtus,
MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
9119 County Line Road•Longmont, CO 80501
(303) 772-0710•FAX(303)651-7702
VIEW
April 18. 2006
Mr. Frank Wright
Highview Development
22 Seven Hills Drive
Boulder, CO 80302
Dear Mr.Wright:
1 have reviewed the submitted material pertaining to the proposed street names and addresses for
the Highview Ranch PUD, located south of Highway 52 and east of Weld County Road 3 in Weld
County (Case Number: PF-1074). The Fire District does not object to the addresses and street
names as proposed.
Should you have any questions,please contact me at 772-0710.
Sincerely.
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
1p04.27.06
Station 1 Station 2 Station 3 Sation 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14306 Mast St.Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Rut 50 Bonanza Dr. P.O.Box 40
Longmont CO 80504 CO 299 ParlezAve. 8500 Mwot Road Lafayette.CO hie.CO 100 So.Forest St.
Mead.CO 80542 t6e*t.CO 80544 80028 80516 Daosro.CO 80514
`"°`t"r"'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT
e Administrative Office:
l�j.f• s 9119 County Line Road•Longmont, CO 80501
(303)772-0710•FAX(303)651-7702
Vett
March 27,2006
Mr.Frank Wright
22 Seven Hills Drive
Boulder,CO 80302
Dear Mr. Wright:
1 have reviewed the submitted utility plans for the Highview Ranch Subdivision, located south of
Highway 52 and east of Weld County Road 3 in Weld County. Plans are approved based on the
following comments:
• Fire hydrant spacing and locations appear to be adequate as indicated on the plans.
• Utility plans should include a water supply analysis showing available fire flows. Please
forward a copy of the water supply analysis to the Fire District.
• The installation of the waterlines, thrust blocks and valves, etc. shall be in accordance with
requirements of the Left Hand Water District
• Building permits should not be issued until fire hydrants are in service and have been approved by
the water district Results of the flow tests conducted after the fire hydrants are installed and in
service must be forwarded to the Fire District
• Should any changes be made to approved plans, additional comment and review by the Fire
District will be necessary.
Nothing in this review is intended to authorize or approve of any aspect of this project that does not
comply with all applicable codes and standards.Should you have any questions, please contact me at
303-772-0710.
Sincerely,
LuAnn Penfotd
Fire Marshal
LMP/lp
cc: project file
103.30.06
Station 1 Station 2 Station 3 Su•on 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14308 Mead S.Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Ron 50 Bonanza Dr. P.O.Box 40
Longmont,CO Long nom.CO 299 Palmer Ave. 6500 tact Road Lala)es.CO Erie.CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Neeot,CO 80544 80026 80516 Dacono,CO 80514
Weld County Planning Department
SOUTHWEST BUILDING
APR 2 8 2006
a
rat
Weld County Re ;�PVED
hiDe
April 7, 2006
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review:
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5, 2006 Planner Kim Ogle
Project Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381; Pt. S2 NW4 Section 5, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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.
Utility Board Hearing (if applicable) May 11, 2006
- Ve have reviewed the request and find that it .oe does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature P � 2n0 Date ,
Agency n ( ) if L.--f l Pi
•Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO 80504 ❖(720)652-4210 ext.8730 ❖(720)6524211 fax
•
Orektp" Weld County Referral
IS U LS a U LS
l r
�ril 7, 2006
APR t 2 2006 •
By
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review:
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5,2006 Planner Kim Ogle
Proms Final Plat for a nine(9)Lot Planned Unit Development with E(Estate)Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381;Pt.82 NW4 Section 5,TIN, R68W of the 6th P.M.,Weld
County, Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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. My 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 cell 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.
Utility Board Hearing(if applicable) May 11,2108
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
$—We have reviewed the request end find no conflicts with our interests.
❑ See attached letter.
Comments:
V,�
Signature Date y/Z I
7t 7
Agency T6vat at G.4441
°Weld County Planning Dept. 44209 CR 24.5,Longmont,CO 50504 0(720)6524210 ext6730 0(720)652-4211 fax
04/24/2006 17:30 CITY OF DRCUC 4 7206524211 N0.338 D01
AnrCti Weld County Referral
April'7, 2006
Illik
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review.
Applicant Frank Wright Case Number PF-1 074
Please Reply By May 5, 2006 Planner Kim Ogle
Project Final Plat for a nine(9)Lot Planned Unit Development with E(Estate)Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381;Pt.S2 NW4 Section 5,TIN, R68W of the 6th P.M.,Weld
County,Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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 foil 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.
Utility Board Hearing(if applicable) May 11, 2006
We have reviewed the request end 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. 11
Comments! A nt.-14 to I Aea ipJ ) cat-ate-saw
Signature /�// Date V/2(f{ /66
Agency
C.A1 7 tk6CgQ r!!
*Weld County Planning Dept. 04209 CR 24.5,Longmont,CO 80504 OQ20)852.4210 ext.8730 0(720)8524211 fax
Apr 23 06 07:18p Division of Wildlife 303-776-6663 p.1
4
reit
;•-\\:,
Weld County Referral
April 7, 2006
•
C.
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review:
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5,2006 Planner Kim Ogle
Project Final Plat for a nine(9)Lot Planned Unit Development with E(Estate)Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381; Pt.S2 NW4 Section 5,Ti N, R68W of the 6th P.M.,Weld
County,Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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.
Utility Board Hearing(if applicable) May 11, 2006
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
yj We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature A+. a 7// Date a/ 4/O//s ate
Agency tact, /DA,• wiuJu. fi9Xl2) 7t,: /) 48 s- -4
V) odsrfl co-
+Weld County Planning Dept. 04209 CR 24.5,Longmont,CO 80504 6(720)6524210 ext.8730 +(720)6524211 fax
iV
Weld County Planning Department
SOUTHWEST BUILDING
Kik
Weld County Ref&LWW °°6
RECEIVED
IApril 7, 2006
COLORADO
The Weld County Department of Planning Services has received the following item for Administrative review:
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5, 2006 Planner Kim Ogle
Project Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381; Pt. S2 NW4 Section 5, T1 N, R68W of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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.
Utility Board Hearing (if applicable) May 11, 2006
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
SI We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature 7
�/ � ��� Date /y 2 /01Agency / fSm r< � exc,„),
❖Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 •:•(720)652-4210 ext.8730 ❖(720)652-4211 fax
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources �.-
Department of Natural Resources ��i�
1313 Sherman Street, Room 818 Weld County Planning Department ([;72-
Denver;
a(303)866-3581 03
S ' ..JI[.DING
April 18, 2006 0'rrttiyr,, n; 1876
FAX(303)866-3589 APR 2 1 20060wens
www.water.sta[e.co.us Governor
Kim Ogle Russell George
r71"' Executive Director
Weld County Planning Dept. 1+s '., .a, ter
Hal D.Simpson,P.E.
4209 CR 24.5 State Engineer
Longmont, CO 80504
Re: Highview Ranch, PF-1074
Sec. 5, T1N, R68W, 6th P.M.
Water Division 1, Water District 6
Dear Mr. Ogle:
We previously commented on the water supply plan for Highview Ranch on June 3, 2005
to subdivide a 73.89-acre parcel into 9 single-family residential lots. According to the referral
information it appears that the water supply plan has not changed, therefore, our previous
comments still apply. Attached is a copy of our June 3, 2005 letter for your reference.
If you have any questions in this matter, please contact Joanna Williams of this office.
Sincerely,
l/IrI/7L9.-
Kevin G. Rein, P.E
Chief of Water Supply
KGR/JMW
cc: Jim Hall, Division 1 Office
Water Supply Branch
Subdivision file
STATE OF COLORADO
OFFICE OFWater Resourcesof
Department of Natural Resources Ne
1313 Sherman Street, Room 818 + G!� +
Denver,Colorado 80203 `" +
Phone(303)866-3581 1878
FAX(303)866-3589 June 3, 2005
Bill Owens
www.waterstate.co.us Governor
Russell George
Chris Gathman ExecutiveDi Director
Weld County Planning Dept. Hal D.Simpson,It
918 State Engineer
10th Street
Greeley, CO 80631
Re: Highview Ranch PUD, PK-1074
Section 5, T1 N, R68W, 6th PM
Water Division 1, Water District 6
Dear Chris:
We have reviewed the above-referenced proposal to subdivide approximately
73.89 acres into nine lots. The proposed water source is the Left Hand Water District
(District). A water tap agreement was not provided as part of the submittal; however, the
applicant claims in the submittal that there is a signed agreement to provide water taps
to the PUD.
According to the submittal, the District will supply treated water to the
development, charging fees for the water supply on a per tap basis payable prior to
activation of the tap. Based on current records on file in the State Engineer's Office, the
District requires new development to provide a sufficient amount of raw water to satisfy
the needs for the proposed development. The District currently has an adequate
uncommitted water supply to serve the proposed development, based on the records
available in the State Engineer's Office and the requirement to transfer a sufficient
amount of raw water to the District prior to activation of the taps.
The Water Supply Information Summary provided with this referral estimates the
annual water requirement for the subdivision to be 0.765 acre-feet, or 0.085 acre-feet
per lot. This value converts to approximately 75 gallons daily per home, which is a low
value for a household use with animal watering, even if no lawn and garden irrigation is
planned. The county should request that the applicant confirm or correct this estimate
and submit a copy of the water tap agreement.
Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the opinion
that the proposed water supply will not cause material injury to existing water rights, and
with the Left Hand Water District serving the proposal, the supply is expected to be
adequate.
Chris Gathman Page 2
Highview Ranch PUD
June 3, 2005
Should you have any questions, please contact Mike Bender of this office.
Sincerely, 5y
Dick Wolfe, P.E.
Assistant State Engineer
DW/GMB
CC: Jim Hall, Division 1 Office
Water Supply Branch
District File
File/
`"°ur+rq'^ MOUNTAIN VIEW FIRE PROTECTION DISTRICT
a Administrative Office:
• (i1hjIll.L� s 9119 County Line Road• Longmont, CO 80501
(303) 772-0710• FAX (303)651-7702
VIEW
April It 2006
Mr. Kim Ogle
Weld County Planning Department
4209 Weld County Road 24.5
Longmont, CO 80504
Dear Mr. Ogle:
I have reviewed the submitted material pertaining to the final plat for the Highview Ranch PUD,
located east and adjacent to Weld County Road 3 and 'A mile south of State Highway 52 and have
the following comments:
• Fire apparatus access is satisfactory as shown on the plans submitted. All primary roads must
be in service, provided with at least one layer of asphalt,and street intersections signed before
building permits may be issued. The emergency a crss road must also be constructed and
approved at the time construction begins.
• Fire hydrant spacing appears adequate as indicated on the plans. Fire hydrants must be in
service and results of a flow test fonvarded to the Fire District at the time building
construction begins.
• All structures shall have a legible address that is clearly visible from the street fronting the
property. At the time construction begins temporary signs may be provided.
• As soon as the final plat is approved, please have the applicant provide to the Fire District an
eight and one half-inch by eleven-inch map of the subdivision showing the street
configuration, street names,hydrant locations and addresses if available.
We appreciate being involved in the planning process and should you have any questions, please
contact me at 303-772-0710.
Sincerely, _
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
Ip04.28.06
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie.CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
wttct/
("1:trzw:%)
Weld County Referral
April 7, 2006
C Weld County Planning Department
Sol ITIII EST BUILDING
COLORADO APR 2 7 2006
Department Planningfollowing tkcalliVEI ED
The Weld County of Services has received the item f '� l
Applicant Frank Wright Case Number PF-1074
Please Reply By May 5, 2006 Planner Kim Ogle
Project Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses.
(Highview Ranch PUD)
Legal Lot B AMRE-3381; Pt. S2 NW4 Section 5, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
Location East of and adjacent to CR 3 and 1/4 mile south of State Highway 52.
Parcel Number 1467 05 200037
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.
Utility Board Hearing (if applicable) May 11, 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. /� 1
Comments. jLCt I s toca±CdI Off sp 1 bl +rag- t pencf3
‘irlAtsrsaelio1'\ of WCQi 3 $ US R5 . I+ t5 acckto-t�,J +hok
sQ vol kAAAL3 si1ni&a+rk-1-(j ;mead- 4-k iiI4er c-(•ire
Signature `IJ`g(A-6-. 4� _ Date 4/Zfp/06
Agency ( fit /V t f-1CCPss
+Weld County Planning Dept. +4209 CR 24.5, Longmont,CO 80504 ❖(720)652-4210 ext.8730 4(720)652-4211 fax
Kit Ii‘-... , DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION
NORTH OFFICE
918 10th Street
GREELEY, COLORADO 80631
ip
PHONE (970)353-6100, EXT.3540
Wl FAX (970) 304-6498
C SOUTHWEST OFFICE
4209 CR 24.5
COLORADO PHONE ext.
CO8730
(720)652-4210 8730
FAX (720)652-4211
May 2, 2006
Frank Wright
Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) uses. (Highland Ranch PUD)
PF-1074
1. A separate building permit shall be obtained prior to the construction of any structure including any future
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. Two complete sets of plans
are required when applying for each permit. Residential building plans may be required to bear the wet stamp of
a Colorado registered architect or engineer.
3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 2003 International Residential Code; 2003 International Building
Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code;
2002 National Electrical Code and Chapter 29 of the Weld County Code.
4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed
by a Colorado registered engineer. Each structure shall meet the requirements of the Flood Plain.
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.
7. Provide letter of approval from Mountain View Fire Protection District prior to new residential construction.
Please contact me for any further information regarding this project.
Sinc ly,
ie
oFt ger igil
Building O icial
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM MAY 0 5 2006 6, \( alitilRECEIVED
TO: Kim Ogle,Planning Depa ent DATE: 04-May-2006
I� �• FROM: Jesse Hein,Pubi Department
COLORADO SUBJECT: PF-1074 ran Wright(Final Plat)
Weld County Public Works Department has reviewed final plan materials and has the following development referral
comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials
will have to be resubmitted and other concerns or issues may arise during further review
Comments
❑ This development will introduce approximately 86 additional vehicle trips per day to the off-site roadway system from the
proposed 9 residential homes.The current Public Works capitol improvement plan identifies CR 3 to be paved in 2007.
o The applicant's proportion of the off-site traffic is as follows:
• Existing background traffic= 150 aadt(average)
• Applicant's traffic=86 aadt
• Applicant's proportion=(86)/(150+86)=0.36 or 36%
• Applicant's contribution for half-mile paving costs=$150,000 x 0.36=$54,000
• Applicant's contribution per lot=$54,000/9 lots=$6,000 per lot
o The applicant shall submit a revised off-site improvements agreement to Public Works for acceptance.
❑ The applicant has submitted an Improvements Agreements According to Policy Regarding Collateral For Improvements(with the
site plan review application). These agreements must be reviewed by Public Works and shall be approved by the Board of
County Commissioners(BOCC). The Engineering and Supervision Costs in Exhibit A of the improvements agreement is $4000.
This figure is too low and needs to be revised to approximately$36,000,which is about 10%of the total improvement costs.
❑ The entrance cul-de-sac should include a 20' radii extending onto both sides of Parent Street to accommodate vehicle movements.
❑ Detail 3 on page C.10 shall be renamed"10"inch pavement section"to be consistent with other detail callouts.
❑ The applicant notes that the development is urban-scale in design, which normally curb, gutter and sidewalk are required. Curb&
gutter influence the handling of stormwaters. A request for a waiver from curb, gutter and sidewalk has been granted by the
Board of County Commissioners.
❑ The applicant shall submit to Public Works stamped, signed and dated final roadway/construction & grading plan drawings for
review(with the site plan review application)and approval. Construction details for typical lot grading must be included.
❑ Unlined drainage facilities and all areas disturbed during construction shall be actively revegetated. Seed mixes should be
selected to match the conditions where they will be used. Recommended seed mixes may be obtained from the Weld County
Public Works Pest and Weed Supervisor.
❑ The Final Drainage Report for Highview Ranch PUD, dated March 8, 2006, by Ehrhart, Griffin and Associates is generally
acceptable. However, a the final drainage report (including plan sheets) must be stamped, signed and dated be a professional
engineer in the State of Colorado and resubmitted to Weld County Public Works prior to recording the final plat.
Recommendation
❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat.
Any des shag be resolved with Public Works prior to recording of the final plat.'
'PC:PF-I074 Frank Wright(Final Plat)
Email&Original:Planner:Kim Ogle
PC by Post: Applicant:Frank Wright
PC by Post: Engineer:Ehrhart, Grin&Associates
_ Page 1 of 1 __
Weld County Planning Department
SOUTHWEST BUILDING
St. Vram a----"Abass"`Ld1/4"1/43/43/4"•-Valley MAY 1 1 2006
School District RECEIVED
May 10, 2006
Kim Ogle
Weld County Planning Department
4209 Weld County Road 24 1/2
Longmont, CO 80504
RE: Highview Ranch PUD Final Plat(Situate in the NW%of Section 5, TIN, R68W)
Dear Kim:
Thank you for referring Highview Ranch PUD Final Plat to the School District. The District has reviewed the development
proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3)
transportation considerations. After reviewing the above proposal, the School District has no objections to its
approval and finds that there is adequate available school capacity for this area. The reasons for this position are
as follows:
• None of the schools in this feeder exceed the 125% capacity benchmark. Under current analysis, there
appears to be sufficient capacity to support this development over the next 5-year period.
• Capacity calculations in this referral include an additional elementary (Elementary 23) targeted to
relieve Erie Elementary in the Fall of 2008. This date is subject to future review, however, and Erie
Elementary is still expected to experience some crowding in the short term. To help alleviate the short-
term crowding, the 5" grade class will be temporarily relocated to Erie Middle school beginning in the
Fall of 2006.
Should this development be approved, the options for managing the short term overcrowding while the new schools are
under construction may include adding modular classrooms and implementing split or staggered schedules as needed.
Other options may include but not be limited to implementing year-round schools or asking voters to approve new bonds
for additional school facilities or a mill levy for additional operating funds. It should be noted that a lack of operating funds
may be a factor in delaying construction and occupancy of new school facilities in this area.
Detailed information on the specific capacity issues, the cash-in-lieu/land dedication requirements and transportation
impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the
attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as
the new facilities are constructed and opened. If you have any further questions or concerns regarding this referral,
please feel free to contact me via e-mail at segrueglen@stvrain.k12.co.us or at the number below.
Sincerely, nn//
Gle�grtfe, AICP
Planning Specialist
Enc: Exhibit A-Specific Project Analysis
Cash-in-lieu Chart
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501.
SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229. FAX 303-682-7344.
.—
ATTACHMENT A—Specific Project Anal sis
PROJECT: Highview Ranch POD Final Plat
1) SCHOOL CAPACITY
The Board of Education has established a District-wide policy of reviewing new development projects in terms of
the impact on existing and approved school facilities within the applicable feeder system. Any residential project
within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would
not be supported. This determination includes both existing facilities and planned facilities from a voter-approved
bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all
other approved development projects for this feeder is noted in the chart below.
CAPACITY INFORMATION
CAPACITY BENCHMARK*
School (Includes projected students,plus developments student impact)
Building Stdts. Stdt. 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011
Level Capacity Oct-05 Impact Stdts Cap. Stdts Cap. Stdts Cap. Stdts Cap. stdts cap.
Erie Elem.(K-5) 552 694 3 777 141%
Erie Elem. K-4" 454 82% 483 88% 514 93%
552 ,a _
525Isith 1 3 �a.'r� ._ 6
Middle 660 ,.:h.a.e ' .454 87% 483 92% 514 98% r:
345
High 726 421 1 389 59% 435 66% 470 71% 500 76% 532 81%2 486 67% 3
Total 3015 1460 592 82% 626 86% 673 93%
6 2310 ®1971
*students from new housing are added according to a 5 year buildout of a X093 2233
pproved plats within the school feetler.
**Erie Elem.5th Grade class temporarily moved to space in Erie Middle School pending opening of Elem.23
***Capacity and attendance are estimates pending the construction of the facility
Specific comments concerning this proposal regarding School Capacity are as follows:
• Specific Impact - This application will add 9 new single-family dwelling units with a potential impact of 6
additional students in the Erie Elementary, Erie Middle and Erie High School Feeder.
• Benchmark Determination - The School District anticipates that the necessary capacity is available to
serve this development proposal without triggering the 125% benchmark capacity within the next 5 years.
• Additional Capacity Impacts — A new elementary school has been approved in the 2002 Bond and is
targeted to open in the Fall of 2008. The ultimate opening date of this facility will depend on the rate of
residential growth in this feeder and the availability of operating funds.
• Phasing- The District would appreciate a phasing plan from the developer to better determine enrollment
and capacity impacts on the affected schools.
BAND DEDICATIONS AND CASH IN LIEU FEES
District policy requires that the applicant either dedicate land directly to the School District along with provision of
the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL
fees only provide funds for land acquisition, which is only a small component of providing additional school
capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows:
• Dedication and/or Cash-in-lieu Requirements- The District does not anticipate the need for another school
site in this area. Since no land dedication is required, CIL fees will be assessed per the attached chart.
• Number of Units covered by dedication/cash-in-lieu—All residential units will be subject to CIL fees.
• Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are due prior to final plat recording and are to
be made to the St. Vrain Valley School District Business Office—395 S. Pratt Parkway, Longmont, CO.
3) TRANSPORTATION/ACCESS
Transportation considerations for a project deal with busing and pedestrian access to and from the subdivision.
Pedestrian access, in particular, is an important goal of the School District in order to facilitate community
connection to schools and to minimize transportation costs. Specific comments for this application are as follows:
• Provision of Transportation - Busing, under current boundaries, will likely be provided.
• Pedestrian and Access Issues— Due to this project's rural location, pedestrian access will not be an issue
for school children.
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT, CO 80501.
SCOTT TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344.
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Weld County Planning Department
SCI+,T P\ ST BUILDING
MAY 1 1 2006 at ‘0"-• Memoran RECEIVED
TO: Kim Ogle, W.C. Planning
WIlD C DATE: May 12, 2006
FROM: Pam Smith, W.C. Department of Public
COLORADO• Health and Environment
CASE NO.: PF-1074 NAME: WrightlHighview Ranch
The Weld County Health Department has reviewed this Final Plat application. All conditions appear
to have been addressed.
O:\PAM\Planning\Final Plat\Pf-1074.RTF
Weld County Sheriffs
Office
M e mo
To: Kim Ogle
From: Ken Poncelow
Date: May 17, 2006
Re: PF-1074
The Sheriffs Office recommends the following improvements for this housing sub-division:
1. 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.
2. 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.
3. A plan should be developed to maintain roadways within the sub-division especially during
inclement weather conditions for emergency vehicles.
4. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These
associations provide a contact for the Sheriffs Office and a means of maintaining common
areas.
5. 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.
6. 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.
7. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for
law enforcement requirements in the future.
The Sheriffs Office lacks the ability to absorb any additional service demand without the resources
recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as
indicated by growth not considered at the time the plan was developed. I have no other comments on this
proposal.
1
Weld SOOT y plaSnning DING ment
Alt Gatui
JUN 2 3 2006
MEMORANDUM RECEIVED
TO: Kim Ogle, Planning Manager DATE: 19-June-2006
W� C. FROM: Jesse Hein, Public W ment
COLORADO SUBJECT: PF-1074 Frank Wright(Final Plat)sign-off
Weld County Public Works Department has reviewed these final plan materials and has the following development
referral comments.
Comments
❑ The Final Drainage Report for Highview Ranch PUD, dated March 8, 2006, sealed by Christopher G. Huffer, P.E.
(Colorado P.E. #36249)with Ehrhart, Griffin and Associates is acceptable to Public Works.
o The department will keep the sealed report in the case file for use during construction phase.
❑ Public Works has accepted three (3) additional sets of stamped, signed and dated(June 15, 2006) Highview Ranch-
Plans for construction,by Christopher G. Huffer, P.E. with Ehrhart, Griffin and Associates.
o Plan drawings will be used by Weld County Field Inspectors during construction of the subdivision.
❑ The applicant has resubmitted an on-site Improvements Agreement According to Policy Regarding Collateral for
Improvements,which has been reviewed and accepted by Public Works.
o This agreement must be approved by the Board of County Commissioners (BOCC)prior to recording the
final plat.
Recommendation
❑ The Public Works Department, `signs-off on this development with no recognized issues.
The Planning Department may proceed with this case,with no restrictions by Public Works:
PF-1074 Frank Oright(Final Plat)sign-off
Email&Original: Planner:Kim Ogle
PC by Post: Applicant:Frank Wright
PC by Post: Engineer:Ehrhart,Griffin and Associates
Page 1 of 1 _m
EXHIBIT AA. TECEOVE -71\
Name of Subdivision i F® MAY 3 0 Z06
or Plam edUnit Develop neet J
Filing pg-1074
Location Highway 52 and 1/2 Rifle south 00 NCR 3
Inamdingtobeleg.1yboand,8roimdasignedAPplicamthereb5' eesv°Prov Subdivision
or Planned Unit Development the following improvements. (Leave sec s bank where they do not apply.)
Uit& Unita Una Etc
Casts ConOneWmCost
Site grading 17,746 t 3_20 56;787
Street gig 10.019 CY 3.20 32,060
Sueetbee 94,321 SF _40 37,728
Street paving _6$.081 Sr 1:00 68,081
Curbs,gams,and wives 17R T.F 10 00 1 ,780
Sidevodk
Storm senaTao es
Retentioapoods 7,260 eV 3 40 23,232
Ditch Impaaeumals
Subsurface daisy
Sanitary sewers
Trunk and forced Tees
Main .
Laterals(house cesnaled) 249 TY 9 00 2 241
On-site sewage facades
On-site vista supply Si age
Water Mains facbrirsbare) 2.904 LIP 9.00 26.136
Firehydeds 2 EA 2,500 5.000
Survey and street 1Theellis ant -
SYseet lighting
ShectNem s 3 S8 100 300
Fencing negakwarans
Lands fag 4.9 AC 110 539
Ptak improvements
goat advert 189 LF 10_00 1 ,890
Grass lined swat
Telephone 9 SA 500_00 4,S00
Gas 9 EA 3,600 32,400
Electric 1100 LE 20.00 22,000
Water transfer 40% 49,236
SUB-TOTAL: 363,910
Engineering Si Supervision Coatis S 36,000
(Testing inspection,as.bmIt pbm and wade in adifitim to psd"ninay and final plat;supervision of actual
construction by amuas ns)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SiMMER:IN 5.399,910
11 tlavt tle3/0912004
Frank Wright
Highview Development,LLC
22 Seven Hills Dr.
Boulder,CO 80302
July 5,2006
Weld County Planning Department
Greeley, CO 8063
1.These comments are to address the requirements before the Final Plat is recorded for Highview Ranch
PK- 1074.
A. A sign plan,which conforms to 23-4-80A,has been submitted.
B. Public Works concerns/comments have been address and their written,approval response submitted.
C. The road names have been identified and submitted to all applicable services agencies and their
approval letters submitted.
D. Each residential building permit(at the time each applies for the permit to the Weld County Building
Department}:will submit two sets of plans that conform to the Building Codes with a engineer
foundation.Each residence will conform to all fire codes, set backs and building height and any other
requirements. Separate permits will be obtained before construction of any sign or any structure.
E. To address the Sheriffs office comments a permanent sign will be placed at the entrance with address
and a,graphic presentation of the roadways in the subdivision.The roadways are to be maintained by
the county in the future.A HOA is formed and will maintain the common areas. The oil/gas facilities
within the subdivision have been fenced off. The street names have been approved by the Sheriffs
office
F. The State of Colorado office concerns have been addressed by an engineer and submitted and
accepted.
G. The improvement agreements have been submitted and approved by Public Works. The appropriate
collateral has been submitted.
H. The Covenants and HOA paperwork was submitted and reviewed.
I. The appropriate fees have been submitted for recording the final Covenants.
J. Evidence that the HOA has been recorded with the Secretary of the,have been submitted.
K. After 50%of the lots have been sold evidence that the Outlots have been deeded over to the HOA will
be submitted.
L. Addresses have been assigned by a Weld County Building Technician. All names and addresses have
been approved by the services such as the Fire Department,etc.and submitted.
M. The Final Plat has been amended to include all the comments requested.
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Subject: PZ— 1074 Highview Ranch Water Consumption Calculations
Standard water consumption calculations generally used for planning purposes by different water
districts.
Generally rural residential lots are calculated using the following:
1. Persons per unit—2.2
2. Consumption per person— 100 gal/cap/day(gpcd)
3. Livestock(horses)—maximum of 18 gal/animal/day
Using these numbers for the 9 lot subdivision,and estimating 2 horses per lot, we
calculate the following consumption:
9*2.5*100.365=821,250 gal/year
= 109,785 f3/year
=2.52 Ac-ft/year
Horse consumption= 18 animals•18 gal/day/animal=324 gpd
324 gpd= 118,260 gal/year
= 15809 ft 3/year
=0.3629 Ac-ft/year
The total preliminary calculation with out irrigation
=2.88 Ac-ft/year
=0.32 Ac-ft/year/house
Calculations prepared by;
Chris Huffer
EHRHART GRIFFIN&ASSOCIATES
P.O.Box 930
568 Briggs Street
Erie,Colorado 80516
(303)828-3340
(303)828-3418(fax)
The Water Supply Information Sonnry are adjusted to reflect these new calculations.
Estimated requirements were 0.765 acre-feet, or 0.085 acre feet per lot,
are changed to 2.880 acre-feet, or 0.320 acre feet per lot.
These new estimates were shared with Left Hand Water District,Terry Magnuson PC,
6800 Nimbus Road,Longmont,Co 80503.303-530-4200.Terry Magnuson said that the new
figures were still within District use requirements.
3I EHRHART GRWFIN a ASSOCIATES,INC.
ENGINEERING•Furcate°•LAND SURVEYING
Weld County Public Works
1111 H Street
PO Box 758
Greeley,Colorado 80632-0758
RE: Highview Ranch Utility Design Certification
To Whom It May Concern:
The design of storm drainage and potable water distribution utilities reflected in the
construction documents titled"Highview Ranch Plans for Construction,February 2006",
located in Weld County,Colorado was prepared by me or under my direct supervision, in
general accordance with the provisions of the Weld County Development Code,Chapter 28,
and Section 24-7-110 and the requirements of Lefthand Water District, for Highview
Development, LLC, Boulder,Colorado. -
s � �,
�_<" firerfrt#61R49:4..:S;'''
a �3 z/ DlP
Christopher _ H '� o" 2� D� e
0.
Registered Prof onal 'ngineer -3. ,''."
State of Colorado �'t
EHRHART GRIFFIN&ASSOCIATES•P.O.Box 930.568 Briggs Skeet•ES,Colorado 80516.303-8283340.3Q4828-3418 fax
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER °F
Division of Water Resources .. .,- ,
Department of Natural Resources
1313 Sherman Sint,Room 818 `
Denver,Colorado 80203 * •+
Phone(303)866-3581
FAX(303)866-3569 June 3, 2005 %,% Bill Owens
-99p Governor
www.water.ssate.co.us
✓/'C�ffiCrOF� Russell Direr
Chris Gathman %' Fij�� Hal D.Simpson,P.E.
Weld County Planning Dept Re 0� `'f S "�`r
918 10t Street Celt
2423
Greeley, CO 80631 • f�`
Re: Higiwiew Ranch PUD,PK-1074
Section 5,T1 N, R68W,6'h PM
Water Division 1,Water District 6
Dear Chris:
We have reviewed the above-referenced proposal to subdivide approximately
73.89 acres into nine lots. The proposed water source is the Left Hand Water District
(District). A water tap agreement was not provided as part of the submittal; however,the
applicant claims in the submittal that there is a signed agreement to provide water taps
to the PUD.
According to the submittal, the District will supply treated water to the
development, charging fees for the water supply on a per tap basis payable prior to
activation of the tap. Based on current records on file in the State Engineer's Office, the
District requires new development to provide a sufficient amount of raw water to satisfy
the needs for the proposed development The District currently has an adequate
uncommitted water supply to serve the proposed development, based on the records
available in the State Engineer's Office and the requirement to transfer a sufficient
amount of raw water to the District prior to activation of the taps.
The Water Supply Information Summary provided with this referral estimates the
annual water requirement for the subdivision to be 0.765 acre-feet, or 0.085 acre-feet
per lot This value converts to approxintetely 75 gallons daily per home, which is a low
value for a household use with animal watering, even if no lawn and garden irrigation is
planned. The county should request that the applicant confirm or correct this estimate
and submit a copy of the water tap agreement.
Section 30-28-136(1)(h)(Il), C.R.S.,the State Engineer's Office offers the opinion
that the proposed water supply will not cause material injury to existing water rights, and
with the Left Hand Water District serving the proposal, the supply is expected to be
adequate.
AGREEMENT FOR IMPROVEMENTS FOR WCR 3
THIS AGREEMENT is made and entered into this 5th day of May, 2006 by
and between Highview Development, LLC, Frank Wright (Manager) developer of
Highview Ranch PF- 1074 , hereinafter referred to as"Developer", with an address
of 22 Seven Hills Dr. Boulder, CO 80302 , Weld County Colorado, and the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Colorado, hereinafter referred to as "County",
with offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific
Development Plan and Subdivision Final Plat for Nine lots for the Highview Ranch
hereinafter referred to as the "Development", and
WHEREAS, WCR 3 from Highway 52 to WCR 3, hereinafter referred to as
"the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 3 abuts a portion of Highview Ranch and the lots will
need WCR 3 for access to the Development, and
WHEREAS, the average daily trips anticipated from Highview Ranch, will
constitute 35 percent of the traffic on the Road, and
WHEREAS, the proportional costs of paving the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be
$6,000 per lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written
above to the completion of paving the Road and final
accounting by County and payment of all land development
charges by the Developer for the Nine lots accessing the Road,
or five years if WCR 3 is not paved.
1
2. OBLIGATIONS OF THE COUNTY
A. Weld County plans to pave, within five years of the date first
written above, the Road at a current estimated cost of
$300,000. The paving improvements are anticipated to be for
12 foot travel lanes with 4 foot shoulders designed in
accordance with generally accepted engineering practices but
the actual design shall be at the discretion of Weld County
B. Design, construction, and maintenance of this portion of Road
shall be the responsibility by the County.
C. County must pave the roads within five years of the date first
written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in
escrow or remaining to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation) up to 20 percent of the total cost of
paving WCR 3. If additional traffic is generated prior to paving
WCR 3, such that the percentage of traffic generated by the
development is less than 20 percent, the County shall adjust
the percentage charged to the developer proportionately. Any
amount which must be collected from the developer which is
not paid within 45 days of final accounting shall assessed
interest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of $6,000 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of
the first lot $6,000, at the sale of the second lot $6,000, at the
sale of the third lot $6,000, at the sale of the fourth lot$6,000,
at the sale of the fifth lot $6,000, at the sale of the sixth lot
$6,000, at the sale of the seventh lot $6,000, an the sale of the
eighth lot $6,000, at the sale of the ninth lot $6,000. The
escrow account shall be set up according to paragraph 4
herein.
C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth
in paragraph 2.C. herein. In no event shall Developers
obligation under this Agreement exceed $54,000 subject to
adjustment to a higher or lower figure from the first quarter of
2002 to the year and quarter in which the contemplated work
is being performed based on The State Highway Bid Price index
contained in the "A Quarterly Cost report" of The Engineering
News-Record as published by The McGraw-Hill Companies.
4. ESCROW AGREEMENT , the terms of which will be subject to review
by the County, that provides at least the following:
A. The cash in escrow when fully funded is $54,000.
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval
of the Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and
enforced without such provision to the extent that this Agreement is
then capable of execution within the original intent of the parties
hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shalt give or allow
any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this
Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding
between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, notation,
renewal, or other alteration of or to this Agreement shall be deemed
valid or of any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. No Breach of any term,
Breach of any term, provisions, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any
consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein,
make warranties, either express or implied, that the improvement work
and/or maintenance of these roads meet standards other than those
generally required for counties and cities of the size and type similar to
County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this
28 day of march , 2006
By: HIGHVIEW DEVELCivIENT, LLC FRANK WRIGHT, Manager
Developer
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 4 of 4
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 28th day of March ,20 06 ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,@ and Frank Wright, manager ,hereinafter called"Applicant.@
HIG1VIEW DEVELOPMENT, LLC
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
Lot B AM2??-3381 S !/2, N1/4, 55-T1-N68W
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known
as Highview Ranch 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
AA@ and AB@ of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 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
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C:WOCUMENTS AND SETTINGSTSICHERDESKTOPTUBLIC IMPROVEMENTS AGREEMENT.DOC
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements. All
such rights-of-way and easements used for the 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 AA,@ which is attached hereto
and incorporated herein by reference,according to the construction schedule set out in Exhibit
AB@ also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County;and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit AB.® The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit AB@ upon application by the
Applicant subject to the terms of Section 6 herein.
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
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C:\DOCUMENTS AND SETTINGSTSLEN3ESICTOPTUBLIC IMPROVEMENTS AGREEMENT.DOC
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
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
Revised 03/0912001
CADOCUMENTS AND SETTINGSTSIHEEDESKTOPIPUBLIC IMPROVEMENTS AGREEMENT.DOC
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.
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 AB,@ 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 AB,@ and may continue to issue building permits so long as the progress of
Revised 03/09/2004
CADOCUMENTS AND SETTINGSWS REIWESKTOPIPUBLIC IMPROVEMENTS AGREEMENT.DOC
work on the Subdivision or Planned Unit Development improvements in that phase
of the development are satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within 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 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 applicants)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final 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
Revised 03/09/2004
CADOCUMENTS AND SETTINGS'IP HEIDESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@ The
costs of the improvements described in Exhibit AA@ will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based on
AThe State Highway Bid Price Index@ contained in the AQuarterly Cost Report@ of
The Engineering 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 final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits AA@ and AB.®
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
h„pmovements 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
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
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C:',DOCUMENTS AND SETTINGS IPS HEIDESKTOPWUBLIC IMPROVEMENTS AGREEMENT.DOC
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
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C:\DOCUMENTS AM)SETTINGSIPSCIIERDESKTOPIPUBLIC IMPROVEMENTS AGREEMENT.DOC
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:
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
Revised 03/09/2004
CKDOCUMENTS AND SETTINGSIPS IIERDESKTOPTUBLIC IMPROVEMENTS AGREEMENT.DOC
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.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the rime 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. 1 1
APPLICANT: }-t c-sk U I
APPLICANT: '1 n t vy.V k.h\4
TITLE: mni•h,v-k J
Subscribed and sworn to before me this 2A day of /troll , 20O&
My Commission expires: /
17- 70 -Z CX�°1 No Db
�'�s t" .�`
Revised 03/09/2004
CADOCUMENTS AND SETTINGSU' CHEBDESKTOMPUBLIC IMPROVEMENTS AGREEMENT.DOC
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
Revised 03/09/2004
C:IDOCUMENTS AND SETTINGS\P HERDESKTOP\PUBLIC IMPROVEMENTS AGREEMENT.DOC
EXHIBIT AA%
Name of Subdivision R POD
or PhasedUnit Development
Filing: pg-1074
Location: Highway 52 and 1/2 mile south at is 3
lute:Mingle&legallyboamd,lbe imdasignedApplicantbaeby agmestogovide throughout des Subdivision
or Planned Unit Development the following movements- (lave spaces bunt where they do not apply.)
g pti Ulan Us Emanated
Goias CaesiadionCost
Sitepad'mg 17,746 C>C 3_20 - 56,787
Street grading 10.019 . CT 3.20 32.060
Street base 94,321 SF .40 37,728
Strad paving 68.081 SF 1 .00 68,081
ants,gales,Magmas 17R T.F 10 00 1 ,780
Sidewalk
Stamm ScaTdice
Retention ponds 7,260 A ('_Y 3 40 23,232
Ditch Imposmenis
Submdicmdmince
Sanitary moue -
Tronk and famed 'hoes
Mains
Laterals(liana comecled) 249 LF 9_00 . 2.241
On-site sewage babies
On-site met supply and Moose ,
Wa Mains(Mast bora) - 2.904 LF 9_00 26.136
Fire hydrants i 2 BA 2.500 5.000
Survey and street n o®eats and bases
Street l - -Skeet Nam 3 EA 100 300
Fencing xapameots _
Lavdseapiag 4.9 AC 110 539
Park imptovemenis
Road advert 189 LF 10.06 1 ,890
(Otass lined male
Telephone 9 _ BA 500_00 4,500
Gas 9 EA 3,600 32,400
Rlwirir 1100 LF 20_06 22,000
Water aster 40% 49,236
SUB-TOTAL: 363,910
Engineering and Supervision Costa S 36,00 0
(Testing inspection,nbmit plans and work in addition to gellminary and fatal plat aapervSm of actual
construe by mammas)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVLSEN S_3 99,91 0
11 Regiet SY09/1004
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit AB.@
By: O-0-vo9 se r, .c..≥r Lt-
Applicant
Applicant Date: cL 21 g ,20 0l/� .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
t 7 Revised 03/09/2004
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
Highview Ranch Homeowners'Association Inc.
is a
Nonprofit Corporation
formed or registered on 06/30/2006 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 20061268999 .
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 06/27/2006 that have been posted, and by documents delivered to this office
electronically through 06/30/2006 @ 12:14:19 .
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 06/30/2006 @ 12:14:19 pursuant to and in accordance with applicable law. This certificate is
assigned Confirmation Number 6528131 .
vs -.Q
18 76
Secretary of State of the State of Colorado
End of Certificate
Notice:A certificate issued electronically from the Colorado Secretary of State's Web site is filly 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, htpp www_sot state co us/bwLCertificateSearchCraeria.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 is not
necessary to the valid and effective issuance of a certificate. For more information visit our Web site, http:Lhvwwsos.state.ca us'click Business
Center and select"Frequently Asked Questions"
CERT_GS_D Revised 0921/2005
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
Highview Ranch Homeowners'Association Inc.
is a
Nonprofit Corporation
formed or registered on 06/30/2006 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 20061268999 •
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 06/27/2006 that have been posted, and by documents delivered to this office
electronically through 06/30/2006 @ 12:14:19 •
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 06/30/2006 @ 12:14:19 pursuant to and in accordance with applicable law. This certificate is
assigned Confirmation Number 6528131 ,
J P
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# ✓�C e - �� P.,2irtlo
Secretary of State of the State of Colorado
****************************************End fcertificate****************************************
Notice:A cert f cafe 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, http://www.sos.state.co.us/bir/CertfcateSearchCriteria.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 is not
necessary to the valid and effective issuance of a certificate. For more information,visit our Web site, http://www.sos.state.co.us/click Business
Center and select"Frequently Asked Questions."
CERT_GS_D Revised 09/22/2005
Colorado Secretary of State-Summary Page 1 of 1
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Election,Center : Beams Cahn r...ratbae Lerte- uc ens;na Center ... _._. A
For this Record... Summary
History&Documents
Cert of Good Standing
File Document ID Number. 20061268999
Emai Notification
Name: Highview Ranch Homeowners'Association Inc.
Business Home
Business Information Registered Agent Highview Development,LLC
Business Search Registered Agent Sheet Address: 22 Seven Hills Dr.,Boulder,CO 80302,United States
Registered Agent Mailing Address:
FAQs
Glossary
Principal Office Street Address: 22 Seven Hills Dr.,Boulder,CO 80302,United States
Principal Office Mailing Address:
Status: Good Standing
Form: Nonprofit Corporation
Jurisdiction: Colorado
Formation Date: 06/30/2006
Term of Duration: Perpetual
Annual Report Month: June
You may:
• View History and Documents
• Obtain Certificate of Good Standing
• File a Document
• Set Up Email Notification
Business Center 303 894 2200•Fax:303 869 4864•Forms fax bade 303 860 6975•e-mail:sos.businessesoastate.m.us
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