HomeMy WebLinkAbout20020289 DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax#(970) 304-6498
MINOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVELOPMENT PLAN
App. Ch'd By: Case Number:
App. Fee: Receipt Number
Record. Fee: Receipt Number:
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION: SEE ATTACHED SHEET
(If additional space is required, attach an additional sheet)
NAMEOFPROPOSED MINOR SUBDIVISION SCHULTZ FIRST SUBDIVISION
EXISTING ZONING ESTATE TOTAL AREA (ACRES) 32.270 AC
NUMBER OF PROPOSED LOTS 5 LOTS LOT SIZE: AVERAGE 6.25 AC MINIMUM 4.81 AC
OVERLAY DISTRICTS NONE
UTILITIES: Water: Name: LITTLE THOMPSON WATER DISTRICT
Sewer: Name: INDIVIDUAL SEPTIC SYSTEMS
Gas: Name: PROPANE
Electric: Name' POUDRE VALLEY REA
Phone: Name: OWEST
DISTRICTS: School Name: THOMPSON SCHOOL DISTRICT
Fire: Name: BERTHOUD FIRE PROTECTION DISTRICT
PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA:
Name: HARLEN SCHULTZ Phone: 970-532-5001
Address: 139 WELD COUNTY ROAD 46 BERTHOUD, CO 80513
Name: Phone:
Address:
APPLICANT OR AUTHORIZED AGENT (if different than above).
Name: LANDMARK ENGINEERING c/o TIFFANE MOORE Phone: 970-667-6286
Address: 3521 WEST EISENHOWER BLVD. LOVELAND, CO 80537
I hereby depose and state under the penalties of perjury that all statements, proposals,and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
/7
// /.
nature: er or Authorize Agent
Revised: 1-22-96
23
2002-0289
or\
The
Landmark
ENGINEERING Ltd.
October 11, 2001 \\:
Project No. SCHU-9F1I-01-211
Weld County Planning Department
1555 N. 17th Street
Greeley, CO 80513
RE: Schultz Minor Subdivision
Dear Planner:
Please accept this application for a minor subdivision to be located Northeast of Berthoud, Colorado, and
known as Schultz First Subdivision. Landmark Engineering Ltd. has represented the applicant, Harlen
Schultz, through the three-step Minor Subdivision process, and will continue to serve as the applicant's
representative.
The Sketch Plan was submitted to Kim Ogle in July 1999. With the completion of the Sketch Plan
process and direction from Weld County, Landmark proceeded with the Recorded Exemption and Change
of Zone submittal. The Recorded Exemption and Change of Zone processes are complete. The Recorded
Exemption plat was approved and recorded on June 25, 2001 at Reception No. 2860471. The Change of
Zone plat was approved and recorded on June 27,2001 at Reception No. 2861022.
Submitted with this letter are twenty-five sets (including one set of original documents) of the Minor
Subdivision submittal package, and one copy of the signed Resolution approving the Change of Zone.
We believe all Minor Subdivision requirements have been met and the application is complete. Please
contact us if you have any questions or concerns. We appreciate your review, and look forward to
receiving your staff comments
Thank You.
Respectfully submitted,
Landmark Engineering Ltd.
L.7 -(_fOkLt ��
Tiffane Moore
TM/ej EXHIBIT
Enclosures I _
3521 West Eisenhower Blvd. Dale Olhausen, P.E. &L.S.
Loveland,Colorado 80537 President
ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS , ,•
Loveland(970) 667-6286 FAX(970)667-6298 Denver(303)629-7124
LEGAL DESCRIPTION OCTOBER 2, 2001
Schultz First Subdivision
The property is legally described as Lot B of the Amended Recorded Exemption No.
1061-07-03-RE2668 situate in the Southwest Quarter of Section 7, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado.
SCHU-9F1I-01-211/A3
Attachment to Minor Subdivision Application
PROJECT NARRATIVE OCTOBER 2, 2001
Schultz First Subdivision
PROJECT LOCATION
Schultz First Subdivision is a 32+/- acre proposed minor subdivision located northeast of
Berthoud, Colorado. The property lies at the northeast corner intersection of Weld County Road
1 (Larimer County Road 904) and Weld County Road 46 (Larimer County Road 10). The
property is described as Lot B of the Amended Recorded Exemption No. 1061-07-03-RE2668
situate in the Southwest Quarter of Section 7, Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado. A copy of the recorded Exemption Plat is attached. The properties to
the north and east are large single-family residential lots that are agricultural and equestrian by
use. Harlen Schultz, the developer, lives on the property directly south of the proposed
subdivision. His property is described as Lot A of the Amended Recorded Exemption No. 1061-
07-03-RE2668. The property to the west is currently agricultural land that is for sale.
LAND USE
The property to be known as Schultz First Subdivision was zoned Estate through the county
Change of Zone process and was recorded on June 27, 2001. The property currently exists as
non-irrigated agricultural land. Schultz First Subdivision shall be divided into 5 estate lots
averaging 6.2 acres per lot. The estate lot development is intended for use as equestrian
"ranchettes" and will compliment the predominant uses in the immediate area,while maintaining
the agricultural nature of the county and compliancy with the Weld County Code. The applicant
intends to sell the lots for single-family residential use. The smallest lot will be approximately
4.81 acres and the maximum lot size will be about 10.34 acres. A copy of the recorded Change of
Zone Plat is attached.
HOME OWNER'S ASSOCIATION
A Homeowner's Association will be designated to help establish and maintain a community
where residential uses compliment the agrarian right of the county. The HOA will enforce
covenants and will be responsible for Schultz Lane. These responsibilities may include
maintenance, snow removal,and other matter pertaining to or affecting Schultz Lane.
r
SCHU-9F11-01-211/A3
i-. CIRCULATION
Schultz First Subdivision lies north of the northeast corner intersection of Weld County Road 1
(Larimer County Road 904)and Weld County Road 46(Larimer County Road 10). The proposed
subdivision shall gain its vehicular access from Weld County Road 1 via a 600'+/- private drive
to be named Schultz Lane. This 30' wide, 2-lane gravel drive shall include an 11' wide travel
lane in each direction, 8"thick gravel base, and 4' gravel shoulder on each side within a 60' right-
of-way. The private drive will have a cul-de-sac with a 65' right-of-way radius and a 50' turn-
around. There will be no on street parking permitted on Schultz Lane. Schultz Lane will be
owned and maintained by the Schultz First Subdivision Homeowner's Association.
Although the school district is not able to determine the direction of travel of buses along Weld
County Road 1, Thompson School District Transportation Director, Nansi Crom requested the
school bus stop be located on the north side of the proposed Schultz Lane and east of the 20'
right-of-way reservation. It was also requested that if a bus shelter is constructed that it be
located to allow for visibility of the county road to both the north and south.
PUBLIC FACILITY PROVIDERS
Police: Town of Berthoud
Fire and Rescue: Town of Berthoud
Schools: Thompson School District R2-J
Park: Town of Berthoud
UTILITIES
All basic utilities required for this development will be designed for individual lots or exist near
the site and can be extended for use in the Schultz First Subdivision. Construction and
installation of dry utilities should be coordinated to correspond with the relocation of the
McIntyre Ditch.
Water Little Thompson Water District
Service: Little Thompson has committed to water service for up to 5 residential lots. A 10
"water line that is located on the east side of Weld County Road 1 via one
standard residential 5/8:x4.3"tap shall provide water service.
r
SCHU-9F11-01-211/A3
Sewer On-Site Septic Systems
Service: Sanitary Sewer will be provided by individual septic systems. Preliminary soil
evaluations conducted indicate that site-specific engineered septic systems will
be required. Primary and secondary septic envelopes have been located on each
lot based on the preliminary tests. A Weld County Septic Permit is required for
each proposed septic system and shall be installed according to Weld County
I.S.D.S. Regulations.
Electric: Poudre Valley REA
Service: Existing service is available in Weld County Road 1 and will be extended
through the site. Electric utilities should be lowered under the relocated
McIntyre Ditch.
Gas: Individual Propane Tanks
Service: Individual propane tanks for each lot will provide Gas.
Telephone: Qwest
Service: Existing phone service is available in Weld County Road 1 and will be extended
through the site. This dry utility should be lowered under the relocated McIntyre
Ditch
GEOLOGIC HAZARDS AND SOILS
A geologic and soils evaluation was conducted by Landmark Engineering Ltd. to determine if
there were any existing geologic or soil conditions that might adversely affect the proposed
development. The following are the results from that investigation.
No evidence of landslides, potentially unstable slopes, rock falls, mudflows, debris fans or snow
avalanche hazards were found. The risk of radioactive and seismic activity is considered to be no
greater than that in the surrounding Loveland/Berthoud area. However, the Pierre Shale
Formation and subsequent residuum clays in other areas have exhibited levels of radon gas. It is
advised that current local, State and Federal guidelines are followed to determine of mitigation is
necessary or required.
Overburden soils which are estimated to be in excess of fifteen feet thick are comprised of silty
clays designated Nunn clay loam under the U.S. Soil Conservation Service classification. In
SCHU-9F11-01-211/A3
general, these clays exhibit low to moderately low bearing capacities, while possessing low to
moderately low swell potential. Engineered foundations are recommended. Percolation rates are
generally slow, so designed septic leach fields may be needed.
With the appropriate engineering consultation, including geotechnical soils investigation and
design for roadways, foundations and septic systems,the site is suitable for the proposed use.
OFFSITE IMPROVEMENTS
Offsite improvements will include a 20' right-of-way reservation and the realignment/relocation
of the McIntyre Ditch. Both improvements are designed and intended for future roadway
improvements.
The 20' Reservation for future right-of-way has been reserved to Weld County Road 1 along the
West property line of Lot A (proposed Schultz First Subdivision) and Lot B (Schultz Residence)
of the Recorded Exemption No. 1061-07-3-RE-2668 for future off-site improvements to Weld
County Road 1.
The McIntyre Ditch is currently located in the east right-of-way of Weld County Road 1 along the
west property line of Lots A and B of the Recorded Exemption No. 1061-07-3-RE 2668. The
ditch provides irrigation to farmland in the area and operates from about mid March to the end of
September. Although the size of the ditch varies, it is generally 8' wide by 10' deep. Portions of
the ditch along Lots A and B are obstructed, meandering and at times are overflowing. This
situation has created maintenance problems for Weld County Road 1 and poor operating
conditions for the ditch.
To resolve these problems, the developer has had the McIntyre Ditch realigned and engineered to
operate east of the 20' right of way reservation. The McIntyre Ditch Company, Weld County
Public Works, Larimer County Road and Bridge Department and the developer, Harlen Schultz,
determined and agreed the applicant's required proportional share of offsite improvements to
Weld County Road 1 would we be as outlined in an "Agreement for the Relocation and
Realignment of a Portion of the McIntyre Ditch" dated June 11, 2001. This agreement has been
reviewed and signed by all parties involved. The new ditch design will improve the condition
and ability to maintain Weld County Road 1 and increase productivity of the ditch. The
SCHU-9F11-01-211/A3
developer will remove the trees and stumps located in the existing ditch and backfill the ditch to
the exiting grade of Weld County Road 1.
STORM DRAINAGE
The developer will provide adequate onsite stormwater management infrastructure in order to
mitigate potential drainage concerns associated with this development. Proposed stormwater
conveyance improvements include the installation of a 36-inch irrigation ditch culvert and a 15-
inch road ditch culvert at the project entrance off County Road 1; two 18-inch drainage culverts
under Schultz Lane and one driveway onsite; and a 10-foot by 1-foot deep drainage ditch ending
in a level spreader at the south edge of the subdivision.
IMPLEMENTATION
It is anticipated that this project will be constructed in two phases. The first phase will be the
relocation/realignment of the McIntyre Ditch and is anticipated to being in the fall/winter of
2001. The remaining necessary improvements for the minor subdivision are anticipated to begin
in the spring of 2002. Improvements will occur throughout the site with completion of the
improvements to occur late in the year of 2002.
SUMMARY OF CONCERNS
The following address issues identified during the minor subdivision sketch plan and change of
zone processes in relationship to Weld County Code compliancy. Also addressed are
neighborhood concerns brought up at the neighborhood meeting.
Concern: "Weld County recognizes the "right to farm."
The Schultz property is currently used for non-irrigated agricultural purposes. Though it is listed
in the 1979 Farmland inventory as prime farmlands (U.S. Department of Agriculture Soil
conservation Service, 1979), the property has not been irrigated or used for significant farm
production for over 9 years. Two previous recorded exemptions have resulted in the creation of
residential lots adjacent to the property that are used for equestrian boarding. There are currently
a number of equestrian-use ranches and "ranchettes" in the immediate vicinity, and the applicant
feels this would be the best agricultural use for his property as well.
r
SCHU-9F11-01-211/A3
Concern: "adequate facilities and services to assure the health, safety, and general welfare of
the present and future residents of Weld County."
The proposed subdivision shall gain its vehicular access from Weld County Road 1 via a 600'+/-
private drive to be named Schultz Lane. This 30' wide, 2-lane gravel drive shall include an 11'
wide travel lane in each direction,4' gravel shoulder on each side within a 60' right-of-way. The
private drive will have a cul-de-sac with a 65' right-of-way radius and a 50' turn-around. Schultz
Lane will be owned and maintained by the Schultz First Subdivision Homeowner's Association.
Concern: "the USES which would be allowed on the subject property by granting the change
of zone will be compatible with the surround land USES"
The approval of the change of zone from Agricultural to Estate District allowed the applicant to
design a non-urban scale five-lot development that will compliment the surrounding land use and
maintain the agrarian goals of the Weld County Master Plan. The intended equestrian uses and
estate lot development will have minimal impact on the surrounding land use.
The proposed Schultz First Subdivision does not fall with in the within the Town of Berthoud
Urban Growth Management Area. However, the Berthoud Land Use Plan recognizes that in
areas where land use is predominantly agricultural, residential development should occur at very
low densities and in limited areas. After reviewing this, the proposed project is consistent with
the goals of the Berthoud Land Use Plan.
Concern: "Is more than one entrance into the subdivision required?"
No, there will be one entrance to the Schultz First Subdivision. This entrance will be from a
private drive owned and maintained by the Homeowners Association. The fire codes require only
one access if the cul-de-sac is less than 600'.
Concern: "Negative traffic impacts on the county roads"
Traffic and Transportation Engineer Matthew Delich,P.E performed a preliminary traffic impact
study. This report concluded that the Schultz First Subdivision would have minimal impact on
the area roads. (See Attached Report)
SCHU-9FI I-01-211/A3
Concern: "More lots, traffic on the dirt county roads, and lower valued houses might affect the
value of the their property"
Typically, Estate Zoned property has higher valued homes on it along with covenants that will be
designed to compliment the development. The extra lots will have minimal impact on the area
roads and the covenants will be enforced to help establish and maintain the type of community
where agrarian along with residential uses can coexist.
Concern: "The property is prime irrigated farm land..."
The Schultz property is listed as Prime Irrigated Farm Land but it has not been farmed or irrigated
for more than 9 years. It currently is used for non-irrigated agricultural use
Concern: "Possible trash and kennel business on the property and concerned it is in violation"
A letter dated May 11, 2000, from Weld County Zoning Compliance Officer, Bethany Salzman,
stated the zoning violations case on this property was closed.
Concern: "Will any provisions be made to accommodate Larimer County for more roads"?
The Schultz First Subdivision development lies within Weld County however, the road that will
be impacted falls under the jurisdiction (maintenance) of Larimer County. Don Carrol of Weld
County Public works stated at Planning Commission that Weld County Public Works and
Larimer County should work together to find a medium that is suitable for both counties. Drew
Scheltinga of Weld County and Dale Miller of Larimer County determined and agreed that
moving the McIntyre Ditch out of the existing road right of way would be the applicant's
proportional share of offsite road improvements.
Concern: Adequate water and sewer service can be made available to the site to serve the uses
permitted within the proposed zone district(Estate Zoning).
The site will be served by an 10" Little Thompson Water line that is located on the West side of
the property in Weld County Road 1. Little Thompson Water District(LTWD)has committed to
water service for up to 5 residential lots. LTWD will provide service to these residential lots via
one standard residential 5/8"x 3/4"water tap.
SCHU-9F1I-01-211/A3
MEMORANDUM gin() FtSGic,.
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al0 Ic5• , `
V TO: Deanne Frederickson, Landmark Engineers C ; `
• 0 Kim Ogle, Weld County Planning Departme a` „_
`n Diane Houghtaling, Weld County Engineeri'q,..Depart
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¢O W FROM: Matt Delich Sly„ ,f`t�
o r-- s,`
o rn DATE: July 12, 2000
• W
o u_ SUBJECT: Schultz First Subdivision preliminary traffic study
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a (File: 0055ME01)
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• co This memorandum is a preliminary traffic impact study (PTIS)
> N for the proposed Schultz First Subdivision, located on the east side
o) of WCR1 (County Line Road) between WCR46 and WCR48, in Weld County.
O c.0 The site location is shown in Figure 1 . Diane Houghtaling, Weld
UJ I County Engineering Department, was contacted to determine the scope
a of this PTIS. While the development itself is within Weld County,
= the roads that will be impacted are under the jurisdiction
w z (maintenance) of Larimer County. Therefore, it was determined that
O
C7 = the scope of this PTIS should follow Larimer County guidelines.
N O-
N-
CV Figure 2 shows recent peak hour traffic counts (July 2000) at
N the WCR1/WCR46 intersection. Raw traffic data is provided in
Appendix A. Recent daily traffic counts are shown on Figure 3. There
is a slight offset in WCR1 at this intersection, however, the offset
does not affect the operation at this intersection. The east/west
road (WCR46 and LCR10) is the through movement. WCR1 has yield
control. This intersection operates acceptably as indicated in Table
1 . Calculation forms are provided in Appendix B. The west and south
legs of this intersection are paved. The east and north legs of this
intersection have a gravel surface.
The Schultz First Subdivision is a proposed five lot
development, which will take access from WCR1. A site plan of the
W Schultz First Subdivision is shown in Figure 4. Using Trip
a a Generation, 6th Edition, ITE as a reference, this proposal will
? generate 48 daily trip ends, 4 morning peak hour trip ends, and 5
w afternoon peak hour trip ends. The trip generation is shown in Table
I Z 2. The trip distribution for the Schultz First Subdivision was based
U 2 upon existing travel patterns and consideration of trip attractions
JW in Northern Colorado. The existing roadways in the area also play
W z a role in developing trip distribution. The trip distribution for
O the Schultz First Subdivision is shown in Figure 5. Figure 6 shows
the assignment of the peak hour and daily site generated traffic.
a
• y There are no known developments in the area, therefore, the
z short range background traffic on the area roads is essentially the
F- existing traffic. Figure 7 shows the short range total traffic at
W the WCR1/WCR46 intersection. This intersection and the site access
intersection will operate acceptably as indicated in Table 3.
Calculation forms are provided in Appendix C. The WCR1/WCR48
E' LL
. ---1'" < intersection will operate acceptably also. This can be deduced by
inspection. No auxiliary lanes will be required at any of the key
4 1— intersections .
•
Figure 8 shows the forecasted daily traffic volumes on the key roads.
The forecasted traffic volume on WCR1 between WCR46 and WCR4B will have a
daily traffic volume of less than 400 vehicles. Paving is required if the
cumulative traffic volume exceeds the maximum capacity for treated gravel
roads, which is defined as an ADT of 400 vehicles per day in rural areas.
Therefore, it is concluded that no further treatment is required on WCR1.
It is concluded that the Schultz First Subdivision will have minimal
impact on the area roads. The key intersections will operate acceptably.
No auxiliary lanes are warranted at any of the key intersections.
Additional surface treatment of WCR1 will not be required.
4W '
73
a. ON
O _
LARIMER COUNTY
N O WELD COUNTY
I r P
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LCR12 o WCR48 O
Schultz
27 First
Subdivision
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5LCR10 Cu WCR46 Cl Sn 0
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BERTH U
SCALE: 1"=3000'
SITE LOCATION Figure 1
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LCR10 -1 '441
t r WCR46
0/4 1
3/5 co o ci
10/11 No
AM/PM
WCR1 (County Line Road)
RECENT PEAK HOUR TRAFFIC Figure 2
138(1998) c`°o
LCR12 WCR48
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0
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Volume (Year)
0)
C)
439(19982 N
LCR10 WCR46
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WCR1 (County Line Road)
RECENT DAILY TRAFFIC Figure 3
TABLE 1
Current Peak Hour Operation
S
NB LT/T/RT A A
WCR1/WCR46 SB LT/T/RT A A
(yield sign) EB LT A A
WB LT A A
TABLE 2
Trip Generation
e A � ' y'
N'� � . Aitk r]ypG tMTr�
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N� 'fl p,F-n2 9F M. .•
210 Single Family Detached 5 DU 9.57 48 0.19 1 0.56 3 0.65 3 0.36 2
TABLE 3
Short Range Peak Hour Operation
NB LT/T/RT A A
WCR1/WCR46 SB LT/T/RT A A
(yield sign) EB LT A A
WB LT A A
WCR1/Site Access WB LT/RT A A
(stop sign) SB LT A A
N
AIS
439,196 sq.ft.
10.06 acres
1 3
192,194 sq.ft. 209,739 sq.ft.
4.41 acres 4.61 acres
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4
5 241,095 sq.ft.
O 203.948 sq.ft. 5.53 acres
O 4.68 acres
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W
PROPOSED
TRACT A
35 acres
WELD COUNTY ROAD 46
SCALE: 1"=300'
SITE PLAN Figure 4
AS
N
O
10% NOM
H H
LCR12 WCR48
Site
L _ J
10% NOM
LCR10 WCR46
0
WCR1 (County Line Road)
TRIP DISTRIBUTION Figure 5
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0
rNOM
/ f-NOM
LCR12 0/1-\ I -1 WCR48
NOM
§NOMy
aI w1
~ —Cite AM/PM
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1 Li. NOM
LCR10 NOM WCR46
WCR1 (County Line Road)
SITE GENERATED PEAK HOUR TRAFFIC
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LCR12 7Th Ni I 3_, WCR48
m NOM—..-
e \-10
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LCR10 2 t WCR46
WCR1 (County Line Road)
SITE GENERATED DAILY TRAFFIC Figure 6
a
N
1/1
�Site
Y N
N AM/PM
o X0/0
LCR10 0/4 tWCR46
3/5 CD el
10/11 ,y
WCR1 (County Line Road)
SHORT RANGE TOTAL PEAK HOUR TRAFFIC Figure 7
416
N
152
LCR12 WCR48
0
N
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Site Daily
N
N
443
H
LCR10 WCR46
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WCR1 (County Line Road)
SHORT RANGE DAILY TRAFFIC Figure 8
APPENDIX A
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APPENDIX B
HCS: Unsignalized rersections Release 3.1c �"1
TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: WCR1/WCR46
Count Date: recen>short
le Period:e5 pm
Intersection Orientation: East-West Major St.
Vehicle Volume Data:
Movements: 1 2 3 4 5 6 7 8 9 10 11 12
Volume: 0 3 10 1 3 0 14 2 0 0 1 3
HFR: 0 S 15 2 6 0 18 2 0 0 2 6
PHF: 0.65 0.65 0.65 0.50 0.50 0.50 0.80 0.80 0.80 0.50 0.50 0.50
PHV: 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:Walk speed:
% Blockage:
Median Type: None
# of vehicles: 0
Flared approach Movements:
# of vehicles: Northbound 0
# of vehicles: Southbound 0
r
_ ..1e usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,566 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
„0.-....
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
pikta for Computing Effect of Delay to Major Street Vehicles:
Eastbound Westbound
Shared In volume, major th vehicles: 3 3
Shared In volume, major rt vehicles: 10 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 1 4 7 8 9 10 11 12
t c,base 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
t c,hv 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t c,g 0.2 0.2 0.1 0.2 0.2 0.1
G 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t 3,1t 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
t c,T:
1 stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t c
1 stage 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
Follow Up Time Calculations:
Movement 1 4 7 8 9 10 11 12
te.` f,base 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
c f,HV 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t f 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 12 6
Potential Capacity 1068 1077
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1068 1077
Probability of Queue free St. 1.00 0.99
Step 2: LT from Major St. 4 1
Conflicting Flows 20 6
Potential Capacity 1596 1615
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1596 1615
Probability of Queue free St. 1.00 1.00
Maj. L Shared ln. Prob. Queue Free St. 1.00 1.00
Step 3: TH from Minor St. 8 11
Conflicting Flows 22 30
Potential Capacity 871 863
Pedestrian Impedance Factor 1.00 1.00
map. Adj. factor due to Impeding mvmnt 1.00 1.00
vement Capacity 870 862
-robability of Queue free St. 1.00 1.00
Step 4: LT from Minor St. n 7 10
Conflicting Flows 26 24
Potential Capacity 984 988
Pedestrian Impedance Factor 1.00 1.00
Maj . L, Min T Impedance factor 1.00 1.00
pa.j. L, Min T Adj. Imp Factor. 1.00 1.00
. Adj. factor due to Impeding mvmnt 0.99 1.00
._.,✓ement Capacity 976 985
Worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 18 3 0 0 2 6
Movement Capacity 976 870 1068 985 862 1077
Shared Lane Capacity 961 1014
Worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 2 20 8
C m(vph) 1615 1596 961 1014
v/c 0.00 0.02 0.01
95% queue length
Control Delay 7.3 8.8 8.6
LOS A A A
Approach Delay 8.8 8.6
eAmproach LOS A A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
p of 1.00 1.00
✓ it 3 3
✓ i2 10 0
S it 1700 1700
S i2 1700 1700
P. Oj 1.00 1.00
D maj left 0.0 7.3
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
HCS: Unsignalized Ir\rsections Release 3.1c r^'1
TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: 1/WCR46
pewit Date: ecen short
e Period: am (im )
Intersection Orientation: East-West Major St.
Vehicle Volume Data:
Movements: 1 2 3 4 5 6 7 8 9 10 11 12
Volume: 4 5 11 1 7 0 6 10 2 0 4 4
HFR: 6 7 15 1 10 0 11 18 4 0 10 10
PHF: 0.71 0.71 0.71 0.67 0.67 0.67 0.56 0.56 0.56 0.40 0.40 0.40
PHV: 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:
Walk speed:
% Blockage:
Median Type: None
0 of vehicles: 0
Flared approach Movements:
ft of vehicles: Northbound 0
It of vehicles: Southbound 0
-_de usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,5&6 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
,e.". r...%
Channelized: N
Grade: i 0.00
pa for Computing Effect of Delay to Major Street Vehicles:
Eastbound Westbound
Shared In volume, major th vehicles: 5 7
Shared In volume, major rt vehicles: 11 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
Worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 1 4 7 8 9 10 11 12
t c,base 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
t c,hv 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
P hv 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t c,g 0.2 0.2 0.1 0.2 0.2 0.1
G 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t 3,1t 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
t c,T:
1 stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t c
1 stage 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
Follow Up Time Calculations:
Movement 1 4 7 8 9 10 11 12
",f,base 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
f,HV 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9
P hv 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t f 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 15 10
Potential Capacity 1065 1071
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1065 1071
Probability of Queue free St. 1.00 0.99
Step 2: LT from Major St. 4 1
Conflicting Flows 23 10
Potential Capacity 1593 1609
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1593 1609
Probability of Queue free St. 1.00 1.00
Maj. L Shared ln. Prob. Queue Free St. 1.00 1.00
Step 3: TH from Minor St. 8 11
Conflicting Flows 39 47
Potential Capacity 853 844
Pedestrian Impedance Factor 1.00 1.00
' Adj. factor due to Impeding mvmnt 1.00 1.00
ement Capacity 849 841
_ abability of Queue free St. 0.98 0.99
Step 4: LT from Minor St. /**. 7 10 /'y
Conflicting Flows 49 50
Potential Capacity 951 949
Pedestrian Impedance Factor 1.00 1.00
Maj. L, Min T Impedance factor 0.98 0.97
r-MaiL, Min T Adj. Imp Factor. 0.99 0.98
. Adj. factor due to Impeding mvmnt 0.98 0.98
cement Capacity 930 928
Worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 11 18 4 0 10 10
Movement Capacity 930 849 1065 928 841 1071
Shared Lane Capacity 895 942
Worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 6 1 32 20
C m(vph) 1609 1593 895 942
v/c 0.00 0.00 0.04 0.02
95% queue length
Control Delay 7.2 7.3 9.2 8.9
LOS A A A A
Approach Delay 9.2 8.9
roach LOS A A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
P of 1.00 1.00
✓ it 5 7
✓ i2 11 0
S it 1700 1700
S i2 1700 1700
P* Oj 1.00 1.00
D maj left 7.2 7.3
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
r
APPENDIX C
HCS: Unsignalized P^ersections Release 3.1c
TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: WCR1/WC 6
runt Date: recent hort„
e Period: am Pm
Intersection Orientation: East-West Major St.
Vehicle Volume Data:
Movements: 1 2 3 4 5 6 7 8 9 10 11 12
Volume: 0 3 10 1 3 0 14 3 0 0 3 3
HFR: 0 5 15 2 6 0 18 4 0 0 6 6
PHF: 0.65 0.65 0.65 0.50 0.50 0.50 0.80 0.80 0.80 0.50 0.50 0.50
PHV: 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:
Walk speed:
% Blockage:
Median Type: None
# of vehicles: 0
Flared approach Movements:
# of vehicles: Northbound 0
# of vehicles: Southbound 0
_ ..ie usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,546 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00 •
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: ' 0.00
/Data for Computing Effect of Delay to Major Street Vehicles:
Eastbound Westbound
Shared In volume, major th vehicles: 3 3
Shared In volume, major rt vehicles: 10 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
Worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 1 4 7 8 9 10 11 12
t c,base 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
t c,hv 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t c,g 0.2 0.2 0.1 0.2 0.2 0.1
G 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t 3,1t 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
t c,T:
1 stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t c
1 stage 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
Follow Up Time Calculations:
Movement 1 4 7 8 9 10 11 12
'^f,base 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
. f,HV 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t f 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 12 6
Potential Capacity 1068 1077
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1068 1077
Probability of Queue free St. 1.00 0.99
Step 2: LT from Major St. 4 1
Conflicting Flows 20 6
Potential Capacity 1596 1615
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1596 1615
Probability of Queue free St. 1.00 1.00
Maj. L Shared In. Prob. Queue Free St. 1.00 1.00
Step 3: TH from Minor St. 8 11
Conflicting Flows 22 30
Potential Capacity 871 863
Pedestrian Impedance Factor 1.00 1.00
cap. Adj. factor due to Impeding mvmnt 1.00 1.00
ement Capacity 870 862
Jbability of Queue free St. 1.00 0.99
Step 4: LT from Minor St. /"\ 7 10 rN
Conflicting Flows 28 24
Potential Capacity 981 987
Pedestrian Impedance Factor 1.00 1.00
Maj. L, Min T Impedance factor 0.99 0.99
L, Min T Adj. Imp Factor. 0.99 1.00
r . Adj. factor due to Impeding mvmnt 0.99 1.00
._ .cement Capacity 969 983
Worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 18 4 0 0 6 6
Movement Capacity 969 870 1068 983 862 1077
Shared Lane Capacity 950 957
Worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 2 21 12
C m(vph) 1615 1596 950 957
v/c 0.00 0.02 0.01
95% queue length
Control Delay 7.3 8.9 8.8
LOS A A A
Approach Delay 8.9 8.8
)Qproach LOS A A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
P of 1.00 1.00
✓ it 3 3
✓ i2 10 0
S it 1700 1700
S i2 1700 1700
F. Oj 1.00 1.00
D maj left 0.0 7.3
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
r..
HCS: Unsignalized Irersections Release 3.1c
' TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: WCR1/WCR46
;Runt Date: recent hart
P. ''e Period: am p
Intersection Orientation: East-West Major St.
Vehicle Volume Data:
Movements: 1 2 3 4 5 6 7 8 9 10 11 12
Volume: 4 5 11 1 7 0 6 12 2 0 5 4
HFR: 6 7 15 1 10 0 11 21 4 0 12 10
PHF: 0.71 0.71 0.71 0.67 0.67 0.67 0.56 0.56 0.56 0.40 0.40 0.40
PHV: 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:
Walk speed:
% Blockage:
Median Type: None
# of vehicles: 0
Flared approach Movements:
# of vehicles: Northbound 0
# of vehicles: Southbound 0
r
.e usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,5&6 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y Y N N N N N N
Channelized: N
Grade: 0.00
r➢ata for Computing Effect of Delay to Major Street Vehicles:
Eastbound Westbound
Shared In volume, major th vehicles: 5 7
Shared In volume, major rt vehicles: 11 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
Worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 1 4 7 8 9 10 11 12
t c,base 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
t c,hv 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t c,g 0.2 0.2 0.1 0.2 0.2 0.1
G 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t 3,1t 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
t c,T:
1 stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
t c
1 stage 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2
Follow Up Time Calculations:
Movement 1 4 7 8 9 10 11 12
fa%f,base 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
f,HV 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9
P by 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
t f 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 15 10
Potential Capacity 1065 1071
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1065 1071
Probability of Queue free St. 1.00 0.99
Step 2: LT from Major St. 4 1
Conflicting Flows 23 10
Potential Capacity 1593 1609
Pedestrian Impedance Factor 1.00 1.00
Movement Capacity 1593 1609
Probability of Queue free St. 1.00 1.00
Maj. L Shared In. Prob. Queue Free St. 1.00 1.00
Step 3: TH from Minor St. 8 11
Conflicting Flows 39 47
Potential Capacity 853 844
Pedestzian Impedance Factor 1.00 1.00
f� Adj. factor due to Impeding mvmnt 1.00 1.00
'•ement Capacity 849 841
obability of Queue free St. 0.97 0.99
Step 4: LT from Minor St. /1 7 10 /'N
Conflic€ing Flows 51 52
Potential Capacity 949 947
Pedestrian Impedance Factor 1.00 1.00
Maj. L, Min T Impedance factor 0.98 0.97
r' L, Min T Adj. Imp Factor. 0.99 0.98
. Adj. factor due to Impeding mvmtt 0.98 0.97
.- ✓ement Capacity 926 922
Worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
I II I
I II I
I II I
v(vph) 11 21 4 0 13 10
Movement Capacity 926 849 1065 922 841 1071
Shared Lane Capacity 889 929
Worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
I II I
I tI I
I II I
v(vph) 6 1 36 23
C m(vph) 1609 1593 889 929
v/c 0.00 0.00 0.04 0.02
95% queue length
Control Delay 7.2 7.3 9.2 9.0
LOS A A A A
Approach Delay 9.2 9.0
roach LOS A A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
P of 1.00 1.00
✓ it 5 7
✓ i2 11 0
S ii 1700 1700
S i2 1700 1700
P" of 1.00 1.00
D maj left 7.2 7.3
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
HCS: Unsignalized IT"rsections Release 3.1c e'1
TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: R1/site access
gaggInt Date:
Period: m pm
Intersection Orientation: North-South Major St.
Vehicle Volume Data:
Movements: 2 3 4 5 7 9
Volume: 2 1 0 4 2 1
HFR: 2 1 0 8 4 2
PHF: 0.80 0.80 0.50 0.50 0.50 0.50
PHV: 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:
Walk speed:
% Blockage:
Median Type: None
# of vehicles: 0
Flared approach Movements:
# of vehicles: Eastbound 0
it of vehicles: Westbound 0
.
.._ .,e usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
N Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,566 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y N N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y N Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
.0"-.•
L T R L T R L T R
N N N N N N N N N
r r-,
Channel;zed: N
Grade: 0.00
p-ta for Computing Effect of Delay to Major Street Vehicles:
Northbound Southbound
Shared In volume, major th vehicles: 5 4
Shared ln volume, major rt vehicles: 11 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
Worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 4 7 9
t c,base 4.1 7.1 6.2
t c,hv 1.0 1.0 1.0
P hv 0.02 0.02 0.02
t c,g 0.2 0.1
G 0.00 0.00 0.00
t 3,1t 0.0 0.7 0.0
t c,T:
1 stage 0.00 0.00 0.00
t c
1 stage 4.1 6.4 6.2
Follow Up Time Calculations:
Movement 4 7 9
/...` f,base 2.2 3.5 3.3
f,HV 0.9 0.9 0.9
P hv 0.02 0.02 0.02
t f 2.2 3.5 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 3
Potential Capacity 1081
Pedestrian Impedance Factor 1.00
Movement Capacity 1081
Probability of Queue free St. 1.00
Step 2: LT from Major St. 4 1
Conflicting Flows 4
Potential Capacity 1618
Pedestrian Impedance Factor 1.00
Movement Capacity 1618
Probability of Queue free St. 1.00
Maj. L Shared ln. Prob. Queue Free St. 1.00
Step 4: LT from Minor St. 7 10
Conflicting Flows 11
Potential Capacity 1009
Pedestrian Impedance Factor 1.00
fL‘j. L, Min T Impedance factor 1.00
j. L, Min T Adj. Imp Factor. 1.00
,.ap. Adj. factor due to Impeding mvmnt 1.00
Movement Capacity 1009
worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
II
I II
I II I
v(vph) 4 2
Movement Capacity 1009 1081
Shared Lane Capacity 1032
worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
II
II
I II I
v(vph) 6
C m(vph) 1618 1032
v/c 0.01
95% queue length
Control Delay 8.5
LOS A
Approach Delay 8.5
Approach LOS A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
1.00 1.00
5 4
_2 11 0
S it 1700 1700
S i2 1700 1700
P* Oj 1.00 1.00
D maj left 0.0 0.0
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
1'�
HCS: Unsignalized Y rsections Release 3.1c "'1
TWO-WAY STOP CONTROL(TWSC) ANALYSIS
Analyst: Michael
Intersection: WCR1/site access
gaunt Date: . or
e Period: am Om
Intersection Orientation: North-South Major St.
Vehicle Volume Data:
Movements: 2 3 4 5 7 9
Volume: 14 2 1 8 1 1
HFR: 25 4 2 20 2 2
PHF: 0.56 0.56 0.40 0.40 0.50 0.50
PHV: 0.02 0.02 0.02 0.02 0.02 0.02
Pedestrian Volume Data:
Movements:
Flow:
Lane width:
Walk speed:
% Blockage:
Median Type: None
# of vehicles: 0
Flared approach Movements:
# of vehicles: Eastbound 0
# of vehicles: Westbound 0
r
- -,,e usage for movements 1,263 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
N Y Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 4,566 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y Y N N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 7,869 approach:
Lane 1 Lane 2 Lane 3
L T R L T R L T R
Y N Y N N N N N N
Channelized: N
Grade: 0.00
Lane usage for movements 10,11612 approach:
Lane 1 Lane 2 Lane 3
'''\ L T R L T R L T R
N N N N N N N N N
Channelized: N
Grade: • 0.00
, �
Data for Computing Effect of Delay to Major Street Vehicles:
Northbound Southbound
Shared In volume, major th vehicles: 5 8
Shared In volume, major rt vehicles: 11 0
Sat flow rate, major th vehicles: 1700 1700
Sat flow rate, major rt vehicles: 1700 1700
Number of major street through lanes: 1 1
Length of study period, hrs: 0.25
Worksheet 4 Critical Gap and Follow-up time calculation.
Critical Gap Calculations:
Movement 4 7 9
t c,base 4.1 7.1 6.2
t c,hv 1.0 1.0 1.0
P hv 0.02 0.02 0.02
t c,g 0.2 0.1
G 0.00 0.00 0.00
t 3,It 0.0 0.7 0.0
t c,T:
1 stage 0.00 0.00 0.00
t c
1 stage 4.1 6.4 6.2
Follow Up Time Calculations:
Movement 4 7 9
,base 2.2 3.5 3.3
f,HV 0.9 0.9 0.9
P hv 0.02 0.02 0.02
t f 2.2 3.5 3.3
Worksheet 6 Impedance and capacity equations
Step 1: RT from Minor St. 9 12
Conflicting Flows 27
Potential Capacity 1049
Pedestrian Impedance Factor 1.00
Movement Capacity 1049
Probability of Queue free St. 1.00
Step 2: LT from Major St. 4 1
Conflicting Flows 29
Potential Capacity 1585
Pedestrian Impedance Factor 1.00
Movement Capacity 1585
Probability of Queue free St. 1.00
Maj. L Shared ln. Prob. Queue Free St. 1.00
Step 4: LT from Minor St. 7 10
Conflicting Flows 52
Potential Capacity 957
Pedestrian Impedance Factor 1.00
L, Min T Impedance factor 1.00
M . L, Min T Adj. Imp Factor. 1.00
2. Adj. factor due to Impeding mvmnt 1.00
Movement Capacity 956
Worksheet 8 Shared Lane Calculations
Shared Lane Calculations
Movement 7 8 9 10 11 12
II
I II
I II I
v(vph) 2 2
Movement Capacity 956 1049
Shared Lane Capacity 1000
Worksheet 10 delay,queue length, and LOS
Movement 1 4 7 8 9 10 11 12
I II
I II
I II I
v(vph) 3 4
C m(vph) 1585 1000
v/c 0.00 0.00
95% queue length
Control Delay 7.3 8.6
LOS A A
Approach Delay 8.6
Approach LOS A
Worksheet 11 Shared Major LT Impedance and Delay
Rank 1 Delay Calculations
Movement 2 5
7 1.00 1.00
5 8
• _2 11 0
S ii 1700 1700
S i2 1700 1700
P` Oj 1.00 1.00
D ma] left 0.0 7.3
N number major st lanes 1 1
Delay, rank 1 mvmts 0.0 0.0
William G. Kaufman, P.C.
ATTORNEY AT LAW
r
200 East Seventh Street, Suite 318
Loveland,Colorado 80537
Telephone: (970) 667-8888
FAX: (970)667-8899
September 18, 2001
Department of State
Corporations Section
1560 Broadway, Suite 200
Denver, CO 80202
Re: Schultz Subdivision Homeowners Association, Inc.
Dear Clerk:
Enclosed please find the following:
1. An original and one duplicate original Articles of Incorporation for the above
referenced.
`^ 2. My check in the amount of $55.00. This represents the $50.00 filing fee and
$5.00 for the Certificate of Fact.1/4e)j&O e ffr e
3. A self-addressed stamped envelope.
Please return the duplicate original articles of incorporation to my office marked
"Filed" along with the Certificate of Fact. Thank you for your assistance and if you should
have any questions please contact me.
Very truly yours,
we, G. KAUFMAN, P. C.
0
By:
William G. Kauf n
Attorney at Law
WGK:ah
Enclosure
ARTICLES OF INCORPORATION OF
n
SCHULTZ SUBDIVISION
HOMEOWNERS' ASSOCIATION, INC. C 0
KNOW ALL MEN BY THESE PRESENT:
That Harlen J. Schultz, the undersigned, a natural person of the age of
twenty-one (21) years or more, and a resident of the State of Colorado, acting as
an Incorporator of a Corporation under the Colorado Nonprofit Corporation Act,
adopts the following Articles of Incorporation.
ARTICLE I
NAME
The name of the corporation shall be Schultz Subdivision Homeowners'
Association, Inc.
ARTICLE II
DURATION
The period of duration of the corporation shall be perpetual.
ARTICLE III
DEFINED TERMS
A. "Association" means Schultz Subdivision Homeowners' Association,
Inc., A Colorado nonprofit corporation, its successors and assigns, the Articles,
Bylaws, and Rules and Regulations of which shall govern the administration of
this Property, the Members of which shall be all of the Owners, including
Declarant.
B. "Common Expenses" means (i) expenses of administration, operation,
and management of the Association and ordinary maintenance and repair of the
Exteriors and such other properties for which the Association has been given
responsibility hereunder; and (ii) expenses declared pursuant to Article IV of the
Declaration.
C. "Declarant" means the Declarant named in the Declaration, and such
successor or successors as may be specifically designated hereafter by
Declarant by written notice duly recorded.
D. "Declaration" means the Declaration of Schultz Subdivision and all
amendments and supplements thereto.
E. "General Common Properties" shall mean and refer to all land,
improvements, and other properties heretofore and hereafter owned or in the
possession of or maintained by the Association.
F. "Lot" means any one of the constructed lots on the Property on which
there may be only a single family detached dwelling.
G. "Member" means every individual or entity who is a record owner of a
fee or undivided interest in any portion of the Property, including Declarant and
contract sellers, but not including contract purchasers.
H. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of the fee simple title to any lot situated within the
Property which is subject to this Declaration, but notwithstanding any applicable
theory relating to mortgages, deeds of trust, or other liens or encumbrances
upon any such property. Owner shall not include or refer to a mortgagee,
beneficiary of a deed of trust, or lien holder unless and until such party has
acquired title pursuant to foreclosure or any applicable procedure in lieu of
foreclosure.
I. "Property" means the real property and all improvements now or
hereafter located thereon which are subject to the Declaration.
2
All terms which are defined in the Declaration, as amended and
supplemented, shall have the same meaning in these Articles of Incorporation
unless otherwise defined herein or otherwise required by the context.
ARTICLE IV
PURPOSES
The business, objectives, and purposes for which the Association is
formed are as follows:
A. To be and constitute the Association to which reference is made in the
Declaration recorded in the office of the Clerk and Recorder of the County of
Weld, Colorado, relating to certain real property in the County of Weld,
Colorado, and to perform all obligations and duties of the Association and to
exercise all rights and powers of the Association, as specified in the Declaration,
as the same may be amended and supplemented from time to time as provided
therein, said Declaration being incorporated herein in its entirety by this
reference.
B. To provide an entity for the furtherance of the interests of the Owners
in the Property.
ARTICLE V
POWERS
In furtherance of its purposes, but not otherwise, the Association shall
have the following powers:
A. All powers, rights, and privileges which a corporation organized under
the Colorado Nonprofit Corporation Act by law may now or hereafter have or
exercise.
3
B. All of the powers necessary or desirable to perform the obligations and
duties and to exercise and carry out the purposes, rights, and powers of the
Association hereunder and under the Declaration, including, without limitation:
(1) To make and collect, disburse and account for assessments
against Members for the purpose of defraying the costs, expenses, and any
losses of the Association and of exercising its powers and of performing its
functions.
(2) To own, manage, control, operate, maintain, repair, administer
and improve all or various portions of the General Common Properties and
improvements thereon in the manner, and subject to the limitations, set forth in
the Declaration.
(3) To administer and enforce covenants, conditions, and
restrictions affecting any property and, to the extent the Association may be
authorized under such covenants, conditions, and restrictions, to adopt, alter,
amend, repeal, and enforce Rules and Regulations for use of property within the
Property.
(4) To engage in activities which will actively foster, promote, and
advance the common interests of Owners.
(5) Subject to the restrictions of this Article V, to buy or otherwise
acquire, sell, or dispose of, mortgage, encumber, exchange, lease, hold, use,
operate, and otherwise deal with real, personal, and mixed property of all kinds,
and any right or interest therein, for any purpose of the Association.
(6) To borrow money and secure the repayment of monies
borrowed for any purpose of the Association, limited in amount or in other
respects as may be provided in the Bylaws of the Association or in the
Declaration.
4
(7) To enter into, make, perform, or enforce contracts of every kind
and description, including, without limitations, contracts for management
services and contracts to perform, in whole or in part the functions of the
Association, and to do all other acts necessary, appropriate, advisable, or
convenient in carrying out any purpose of the Association, with or in association
with any person, firm, association, corporation, or other entity or agency, public
or private.
(8) To adopt, alter, amend, or repeal such Bylaws as may be
necessary or desirable for the proper management of affairs of the Association;
provided, however, that such Bylaws may not be inconsistent with or contrary to
any provisions of these Articles of Incorporation or the Declaration.
(9) To participate in mergers and consolidations with other nonprofit
corporations organized for similar purposes.
C. The foregoing enumeration of powers shall not limit or restrict in any
manner the exercise of other and further rights and powers which may now or
hereafter be allowed or permitted by law. The powers specified in each of the
paragraphs of this Article V are independent powers, not to be restricted by
reference to or inference from the terms of any other paragraph or provisions of
this Article V. Notwithstanding the above, the Association shall have the right,
but not the obligation, to hire one or more persons or entities who may or may
not be affiliated in any way with Declarant, including a managing agent,
contractors, and employees, to carry out the above powers.
ARTICLE VI
MEMBERSHIPS AND VOTING
A. Every person or entity who is an Owner of a fee or undivided interest in
any Lot within the Property shall automatically be a member of the Association,
provided that any such person or entity who holds such interest merely as
security for the performance of an obligation is not a member.
5
B. The Association shall have two (2) classes of voting membership:
Class A. Class A members shall be all of the Owners as defined in
Section 1 of this Article (with the exception of the Declarant). The Declarant
may, however, become a Class A member upon termination of his Class B
membership as hereinafter provided. Class A members shall be entitled to one
(1) vote for each Lot owned. When more than one (1) person holds ownership
interest or interests in any Lot, all such persons shall be members, and the vote
provided for herein shall be exercised as they among themselves determine. In
no event shall more than one (1) vote be cast with respect to any Lot.
Class B. The Declarant shall be the sole Class B member. The
Class B member shall be entitled to five (5) votes in the Association , which
number of votes shall not be diminished by Declarant's sale of lots to third
parties. The Class B membership shall cease and terminate upon the
happening of either of the following events, whichever first occurs:
r
(a) When the Class B member ceases to own more than one
(1) Lot; or
(b) On the 31st day of December, 2005, or
(c) At such time as Declarant voluntarily relinquishes its
Class B membership rights.
From and after the happening of these events, whichever first occurs, the
Class B members shall be deemed to be a Class A member entitled to one (1)
vote for the Lot in which it holds an ownership interest as required for
membership under Section 1 of this Article VI.
C. Members of the Association entitled to vote may cast the number of
votes to which they are entitled (either as Class A or Class B Members) at each
election or on each matter submitted to the vote of the membership of the
6
Association as provided in the Declaration. Except as otherwise provided in the
Declaration, these Articles of Incorporation, or in the Bylaws, Class A and Class
B Members shall not be entitled to vote as separate classes at any such election
or on any such matter.
D. Cumulative voting is prohibited.
E. Membership in the Association and the interest of a Member in the
assets of the Association shall not be assigned, encumbered, or transferred in
any manner except as an appurtenance to the transfer of title to that portion of
the Property to which the membership pertains; provided, however, that the
rights of membership may be assigned to the holder of a Mortgage or other
security instrument as further security for a loan secured by a lien on such
portion of the Property.
F. A transfer of membership shall occur automatically upon the transfer of
title to that portion of the Property to which the membership pertains; provided,
however, that the Bylaws of the Association may contain reasonable provisions
and requirements with respect to recording such transfers on the books and
records of the Association.
G. The Association may suspend, for a period not to exceed sixty (60)
days (except in the case of continuing violations as set forth in the Bylaws), the
voting rights of a member, if any, for failure to comply with the Rules and
Regulations or Bylaws of the Association or with any other obligation of the
Owners under the Bylaws, Declaration, or any agreement created pursuant
thereto.
H. The Bylaws may contain provisions, not inconsistent with the
foregoing, setting forth the qualifications, rights, privileges, duties, and
responsibilities of the Members.
7
ARTICLE VII
BOARD OF DIRECTORS
A. The business and affairs of the Association shall be conducted,
managed, and controlled by a Board of Directors who shall exercise all of the
powers conferred on the Association by these Articles of Incorporation and the
laws of the State of Colorado.
B. The Board of Directors shall consist of an odd number of individuals
but shall not have less than three (3) nor more than nine (9) members, the
specified number to be set forth from time to time in the Bylaws. In the absence
of any provisions in the Bylaws, the Board shall consist of three (3) members.
C. Persons comprising the Board need not be Owners or agents of
Owners. Except for the initial Board, the terms of at least one-third (1/3) of the
members of the Board shall expire annually. Members of the Board shall be
elected in the manner determined by the Bylaws.
D. Directors may be removed and vacancies on the Board shall be filled
in the manner provided in the Bylaws.
E. The initial Board shall consist of three (3) persons whose names and
addresses are set forth below:
Harlen J. Schultz 139 WCR 46, Berthoud, CO 80513
Steven M. Schultz 205 West 4th Street, Loveland, CO 80537
Donald J. Schultz 466 SCR 9E, Loveland, CO 80537
The initial Board shall serve until the first election of directors by the
Members and until their successors are duly elected and qualified.
F. Notwithstanding the foregoing, so long as Declarant shall be an Owner
of more than one (1) Lot, Declarant shall have the exclusive right and power of
8
designation, appointment, and removal (with or without cause) of Board
members.
ARTICLE VIII
CONVEYANCES AND ENCUMBRANCES
Subject to Article V, Association property may be conveyed or
encumbered by authority of the Association or the Board. Conveyances or
encumbrances shall be by instrument execute by the President or a Vice-
President, and by the Secretary, Treasurer, Assistant Secretary, or Assistant
Treasurer, or by such other person or persons to whom such authority may be
delegated by the Board.
ARTICLE IX
INITIAL REGISTERED OFFICE AND AGENT
The initial registered office of the Association shall be 139 WCR 46,
Berthoud, CO 80513. The initial registered agent at such office shall be .
Harlen J. Schultz.
ARTICLE X
INCORPORATOR
The incorporator of this Association and his address is Harlen J. Schultz,
139 WCR 46, Berthoud, CO 80513.
ARTICLE XI
AMENDMENT
A. Amendments to these Articles of Incorporation shall be adopted, if at
all, by the Members in the following manner:
9
The Board shall adopt a resolution setting forth the proposed amendments
and directing that it be submitted to a vote at a meeting of Members entitled to
vote thereon, which may be either an annual or a special meeting. The
questions should also be submitted whenever at least one-third (1/3) of the
Members entitled to vote thereon request the Board to submit the proposed
amendment to a vote of the Members. Written notice setting forth the proposed
amendment or a summary of changes to be effected thereby shall be given to
each Member entitled to vote at such meeting within the time and in the manner
provided in the Bylaws. The proposed amendment shall be adopted upon
receiving at least two-thirds (2/3) of the votes which Members present at such
meeting or represented by proxy are entitled to cast.
B. No amendment to these Articles of Incorporation shall be contrary to or
inconsistent with any provision of the Declaration.
ARTICLE XII
�. DISSOLUTION
In the event of the dissolution of the Association, either voluntarily by the
Members hereof, by operation of law, or otherwise, other than incident to a
merger or consolidation, the assets of the Association shall be dedicated to an
appropriate public agency to be used for purposes similar to those for which the
Association was created. Members shall be entitled to vote on the question of
dissolution as provided in the Colorado Nonprofit Corporation Act. A resolution
to dissolve the Association shall be adopted upon receiving the approval of First
Mortgagees holding the First Mortgages on portions of the Property which have
at least two-thirds (2/3) of the votes of those portions of the Property subject to
First Mortgages, and upon receiving at least two-thirds (2/3) of the votes of each
class whose Members present at the meeting or represented by proxy are
entitled to cast votes, or, in the event of a mail vote, said resolution shall be
adopted upon receiving at least two-thirds (2/3) of the votes of each class which
are entitled to be cast on the question.
r
10
ARTICLE XIII ..
CONFLICTS OF INTEREST
No contract or other transaction of the Association with any person, firm,
corporation, partnership, joint venture, trust, or other enterprise, or in which this
Association in interested, shall be affected by reason of any of the directors,
officers, or Members of this Association being interested, in their individual
capacities as partners, or as an officer, director, member, or shareholder of
another corporation; provided, however, the fact of such interest is known or
disclosed to the Board in advance of such transaction. Any member of the
Board so interested may be counted in determining the existence of a quorum at
which the matter is considered and may vote at the meeting which this matter is
taken up, as if he were not so interested.
ARTICLE XIV
CORPORATE OPPORTUNITIES
The directors, officers, and Members of the Association shall be subject to
the doctrine of corporate opportunities only insofar as it applies to business
opportunities in which this Association has expressed an interest as determined
from time to time by the Board, as evidenced by resolutions appearing in its
minutes. When so delineated, opportunities within such areas of interest shall
be disclosed promptly to the Board. Until such time as this Association through
its Board, has designated an area of interest, the directors, officers, and
Members shall be free to engage in such areas and to continue a business
existing prior to the time that such an area of interest has been designated.
ARTICLE XV
INDEMNITY
A. Pursuant to the procedure set forth below in Part B of this Article XV,
the Association shall indemnify:
11
(1) Any person who was or is a party or is threatened to be made a
party to any threatened, pending, or contemplated action, suit, proceeding,
whether civil or criminal, administrative, or investigative (other than an action by
or in the right of the Association), by reason of the fact that he is or was a
director, officer, employee, committee member, or agent of the Association, or is
or was serving at the request of the Association as a director, officer, employee,
committee member, or agent of another corporation, partnership, joint venture,
trust, or other enterprise, against expenses (including attorneys' fees),
judgements, fines, and amounts paid in settlement actually and reasonably
incurred by him in connection with such action, suit, or proceeding if he acted in
good faith and in a manner he reasonably believed to be in the best interests of
the Association, and with respect to any criminal action or proceeding, had no
reasonable cause to believe his conduct was unlawful. The termination of any
action, suit, or proceeding by judgement, order, settlement, or conviction or upon
a plea of nolo contendere or its equivalent shall not of itself create a presumption
that the person did not act in good faith and in a manner which he reasonably
believed to be in the best interests of the Association and, with respect to any
criminal action or proceeding, had reasonable cause to believe that his conduct
was unlawful.
(2) Any person who was or is a party or is threatened to be made a
party to any threatened, pending, or completed action or suit by or in the right of
the Association to procure a judgment in its favor by reason of the fact that he is
or was a director, officer, employee, committee member, or agent of the
Association or is or was serving at the request of the Association as a director,
officer, employee, committee member, or agent of another corporation,
partnership, joint venture, trust, or other enterprise against expenses (including
attorneys' fees) actually and reasonably incurred by him in connection with the
defense or settlement of such action or suit if he acted in good faith and in a
manner he reasonably believed to be in the best interests of the Association; but
no indemnification shall be made in respect to any claim, issue, or matter as to
which such person has been adjudged to be liable for negligence or misconduct
in the performance of his duty to the Association unless and only to the extent
12
that the court in which such action or suit was brought determined upon
application that, despite the adjudication of liability, but in view of all
circumstances of the case, such person is fairly and reasonably entitled to
indemnification for such expenses which such court deems proper.
B. To the extent that a director, officer, employee, committee member, or
agent of the Association has been successful on the merits in defense of any
action, suit, or proceeding referred to in Paragraph A(1) or A(2) above or in
defense of any claim, issue, or matter therein, he shall be indemnified by the
Association against expenses (including attorneys' fees) actually and reasonably
incurred by him in connection therewith.
C. Any indemnification under Paragraph (1) or Paragraph (2) of Part A of
this Article XV, unless ordered by the court pursuant to Paragraph (2) of such
Part A, shall be made by the Association only if authorized in the specific case
upon a determination that indemnification of the director, officer, employee,
committee member, or agent is proper under the circumstances because he has
met the applicable standard of conduct set forth in said Paragraph (1) or
Paragraph (2) of Part A. Such determination shall be made by the Board by a
majority vote of a quorum consisting of directors who were not parties to such
action, suit, or proceeding, or if such a quorum is not obtainable, or even if
obtainable, if a majority of the disinterested directors so direct, either (i) by
independent legal counsel in a written opinion; (ii) by the Members; or (iii) by a
committee of a least two (2) disinterested directors, or it there are no
disinterested directors, then selected by the chief executive officer of the
Association if he is disinterested. A director, Member, or officer shall be deemed
disinterested in a matter if he has no interest therein other than as a director,
officer, or Member of the Association, as the case may be. The Association may
pay the fees and expenses of the directors, Members, or officers, as the case
may be, reasonably incurred in connection with making a determination as
provided above.
13
D. Expenses (including attorneys' fees) incurred in defending a civil or
criminal action, suit, or proceeding may be paid by the Association in advance of
the final disposition of such action, suit, or proceeding, if authorized in the
manner provided in Part C above and upon receipt of an undertaking by or on
behalf of the director, officer, employee, committee member, or agent to repay
such amount unless it is ultimately determined that he is entitled to be
indemnified by the Association.
E. The indemnification provided under this Article XV shall not be deemed
exclusive of any other rights to which those indemnified may be entitled under
any law, Bylaw, agreement, vote of Members or disinterested directors, or
otherwise, and any procedure provided for by any of the foregoing, both as to
action in an official capacity and as to action in another capacity while holding
such office, and the provisions of this Article shall continue to apply to a person
who had ceased to be a director, officer, employee, committee member, or
agent and shall inure to the benefit of the heirs, executors, and administrators,
and personal representatives of such a person.
F. The Association may purchase and maintain insurance on behalf of
any person who is or was a director, officer, employee, committee member, or
agent of the Association or who is or was serving at the request of the
Association as a director, officer, employee, committee member, or agent of
another corporation, partnership, joint venture, trust, or other enterprise against
any liability asserted against him and incurred by him in any such capacity or
arising out of his status as such, whether or not the Association would have the
power to indemnify him against such liability under the provisions of this Article
XV.
14
ARTICLE XVI
CONFLICT WITH BYLAWS
Whenever a provision of these Articles of Incorporation is inconsistent with
a provision of the Bylaws, the provision of the Articles of Incorporation shall be
controlling.
EXECUTED this 18th day of September, 2001 . By signing hereunder, the
Registered Agent named herein accepts his appointment as Registered Agent.
-
/!4
Harlen J. Schultz, Incorporator
Harlen J. Schultz, Regis d Agent
STATE OF COLORADO)
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 18th day of
September, 2001 , by Harlen J. Schultz.
WITNESS my hand and official seal.
My commission expires July 15, 2002.
Notary Public
15
t.
William G. Kaufman, P.C.
ATTORNEY AT LAW
200 East Seventh Street, Suite 318
Loveland,Colorado 80537
Telephone: (970)667.8888
FAX: (970)667.8899
September 25, 2001
Harlen J. Schultz
139 County Road 46
Berthoud, CO 80513
Re: Draft of Restrictive Covenants
Dear Harlen:
Please find attached a draft of the restrictive covenants for the Schultz
Subdivision. In preparing this draft I have tried to keep the covenants as simple as
possible, but at the same time including the protections that most buyers of an upscale
lot would want.
As you review this draft please note that there are blanks in several sections of
the covenants. For example, I left a blank where the minimum number of square feet
for a residence is set forth. We should discuss each of those blanks before we finalize
the covenants. I would also recommend that we run these covenants past Ms. Tiffane
More to obtain her input and suggestions.
Also, after reviewing the enclosed draft of the covenants, please let me know if
there is anything you want changed. Thank you for allowing me to be of service to you.
Best regards.
Very truly yours,
WILLIAM G. KAUFMAN, P.C.
By:
it iam G. Kauf a
Attorney at La
WGK:ah
Enclosure
rea.„ DRAFT I
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR SCHULTZ SUBDIVISION
THIS DECLARATION is made this day of , 2001, by THE
HELEN M. SCHULTZ UNIFIED CREDIT TRUST, hereinafter collectively referred to as
"the Declarant."
WITNESSETH:
WHEREAS, the Declarant is the owner of that certain parcel of real property
located in the County of Larimer, State of Colorado, legally described on Exhibit "A"
attached hereto and incorporated herein by reference and hereinafter referred to as
"the Property"; and
WHEREAS, the Declarant desires to establish and provide for the maintenance
of easements and drainage, and desires to establish certain restrictions and uses
relative to the Property; and
WHEREAS, in order to accomplish the foregoing purposes, the Declarant
desires to subject the Property to the easements, covenants, conditions, restrictions,
charges and liens hereinafter set forth.
NOW, THEREFORE, the Declarant hereby declares that the Property shall be
held, sold, conveyed, transferred, leased, subleased and occupied subject to the
following easements, covenants, conditions and restrictions which shall run with the
Property and are for the purpose of protecting the value and desirability of the Property
and every portion thereof, and shall be binding upon all parties having any right, title or
interest in the Property or any portion thereof, their heirs, administrators, personal
representatives, successors and assigns and shall inure to the benefit of each owner
thereof.
1. SUBMISSION OF PROPERTY
The Declarant declares that the Property shall be held, sold, conveyed,
transferred, leased, subleased, and occupied subject to the following covenants,
conditions, restrictions and easements which are for the purpose of protecting the value
and desirability of the Property, and which shall run with the land and shall be binding
upon and inure to the benefit of all parties having any right, title or interest in the
Property or any portion thereof, their heirs, personal representatives, successors, and
assigns.
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2. DEFINITIONS
2.1 General. The following sections define words and phrases which, as used in
this declaration, have the meaning set forth below. Other terms in this Declaration may
be defined in specific provisions of the Declaration and shall have the meaning
assigned by such definition. Defined words and phrases are indicated in this
Declaration by capitalizing the first letter of a defined word or of each word in a defined
phrase.
2.2 Act. The "Act" shall mean and refer to the Colorado Common Interest
Ownership act as it may be amended from time to time.
2.3 Assessments. "Assessments" means all annual, special and/or other
assessments levied by the association for the purposes set forth herein or set forth in
Section 38-33.3-302 (b) and (k) C.R.S. of the Act, including but not limited to payment
for Common Expenses, capital improvements, and reserves for the same.
2.4 Association. "Association" means Schultz Subdivision Homeowners
Association, A Colorado non-profit corporation, and its successors and assigns.
2.5 Board or Board of Directors. "Board" or "Board of Directors" means the
governing body of the Association as provided for in the articles of Incorporation and
Bylaws of the Association.
2.6 Common Elements. "Common Elements" means any real estate within the
Property and improvements thereon owned or leased by the Association, other than a
Lot.
2.7 Common Expenses. "Common Expenses" means all costs and expenses
incurred by the Association for the maintenance, repair, renovation, or replacement of
any Roads, road improvements and other Common Elements and facilities. Common
Expenses include, by way of example and not limitation, insurance; taxes; reserves for
repair or replacement of Roads or Common Elements or facilities, and capital
improvements; special assessments by taxing districts, if any; management or
administrative expenses; legal and accounting fees and all other reasonable costs and
expenses incurred by the association in the performance of its duties. The Association
shall collect Assessments from the Owners to pay Common Expenses in accordance
with this Declaration and applicable provisions of the Act.
2.8 Community. "Community" means the Property and all improvements located
on the Property subject to this Declaration.
2.9 Declaration. "Declaration" means this Declaration of Covenants, Conditions
and Restrictions, together with any amendments and supplements thereto.
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2.10 Easements. "Easements" means access and utility easements described
on the Plat of Schultz Subdivision and such other easements as have been or may be
granted by the Association.
2.11 Fines. "Fines" means any monetary penalty imposed by the Board of
Directors against an Owner because of a violation of this Declaration, the Articles of
Incorporation of the Association, its Bylaws or the Rules and Regulations, by such
Owner, a member of the Owner's family or a tenant or guest of the Owner.
2.12 Lot. "Lot" means a physical portion of the Property designated for separate
ownership or occupancy.
2.13 Member. Each Lot Owner in the Property shall be a Member of the
Association.
2.14 Owner. "Owner" means any natural person or entity who owns a Lot or tract
in the Property, but does not include a natural person or entity having an interest in a lot
solely as security for an obligation.
2.15 Plats. "Plats" means the plat previously recorded with the Weld County
clerk and Recorder for Schultz Subdivision.
2.16 Property. "Property" means all of Schultz Subdivision, Weld County,
Colorado, according to the recorded Plats.
2.17 Road Easements and Roads. "Road Easements" means the roads and
easements appurtenant to the roads described on the plat of Schultz Subdivision.
"Roads" means all roadways and road improvements located within the Road
Easements. All Roads within the Property are private. The term Roads does not
include private drives within any Lot outside of the described road Easements.
2.18 Rules and Regulations. "Rules and Regulations" means any instruments,
however denominated, which are adopted by the Association for the regulation and
management of the Property, including any amendment to those instruments.
3. ASSOCIATION
3.1 Powers and Authority. The Association shall manage the business and
affairs of the community. The Association shall have and may exercise with regard to
the community all powers and authority of a non-profit corporation under the Colorado
Revised Non-profit corporation Act, as that Act may be amended. The Association has
and may continue to adopt Rules and Regulations. Additionally, the association, acting
through its Board, shall have all the powers and authority granted to an association
under the Colorado Common Interest Ownership Act, as the same may be amended
from time to time.
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3.2 Membership. All Lot Owners shall be members of the Association. The
Association shall have one class of membership. Membership shall be appurtenant to
and may not be separated from ownership of any Lot. Ownership of a Lot shall be the
sole qualification for membership. Each Lot shall be allocated one (1) vote in the
Association. When more than one person holds a membership interest in any Lot, all
such persons shall be Members. The votes for such Lot shall be exercised as they
among themselves determine, but in no event shall more than one vote be cast with
respect to any Lot. All membership rights may be assigned by a Member to a tenant,
guest or family member, except voting rights.
4. MAINTENANCE
4.1 Roads. The association shall be responsible for maintenance, repair and
replacement of the Roads. except as provided in paragraph 4.3 below. In the event
that the association shall fail to maintain the roads, the Weld County board of County
Commissioners may cause the same to be maintained and may file a lien against said
roads for the costs expended for such maintenance. This covenant shall run with the
land and may not be amended or deleted without the consent of the Weld county
Commissioners.
4.2 Lots. Each Owner is obligated to maintain and keep in good repair and
condition such Owner's Lot and all improvements on the Lot. Installation and
maintenance of all utilities (including, without limitation, water, septic system, electricity,
telephone and cable TV) shall be the responsibility of the Owner or the utility provider,
as the case may be, and shall not be the responsibility of the association, unless
otherwise provided herein.
4.3 Damage by Owner. Notwithstanding anything to the contrary contained in
this Declaration, in the event the need for the Association to maintain or repair or
replace any Road or Common element or improvement is caused by the willful act,
negligence or other misconduct of an Owner or a member of such Owner's family or a
guest, invitee or tenant of an Owner or a member of such tenant's family, the cost of
such repair, replacement or maintenance shall be the personal obligation of such
Owner, and any costs, expenses and fees incurred by the association for the same
shall be assessed to such Owner as part of the assessment to which the Owner's Lot is
subject and the Association shall have a lien to secure such assessment as provided by
this Declaration and Colorado law.
5. ARCHITECTURAL AND USE RESTRICTIONS
5.1 Land Use and Building Type. Except as provided herein, no Lot shall be
used for other than residential purposes. No building shall be erected, altered, placed
or permitted to remain on any Lot other than One (1) single family dwelling and two (2)
additional structures, such as detached garages, out buildings, barns, stables ( if
applicable) or workshops. Detached garages shall not exceed three (3) car capacity
and shall not exceed 1 ,200 square feet.
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5.2 Commercial or Utility Uses. Except as provided in paragraph 5.3, no Lot or
tract shall be used for retail sales activity of any kind or to conduct a commercial or
manufacturing business or trade, including commercial equipment or vehicle repair,
except as set forth herein. Professional or "home" occupations such as physician,
attorney, dentist, engineer, beauty shop operator, or real estate agent, together with
such other home occupations as may be permitted by the Weld County Land Use
Code, as it may be amended, may be conducted only from the residence structure on a
Lot.
5.3 Architectural Control.
5.3.1 No building or other structure shall be erected, placed or altered on
any Lot until the plans and specifications, and a plot plan showing the location of the
structure(s) have first been submitted to and approved in writing by the Architectural
Control Committee (ACC). Such plans and specifications shall identify the type and
color of exterior materials and design, existing structures, and the location of the
proposed structure with respect to topography, and finish grade elevations.
5.3.2 The ACC shall consist of a minimum of three (3) members,
appointed by the board of directors of the Association for three year terms. The Board
may reappoint any Member of the committee whose term has expired, in its sole
discretion. The ACC shall carry out the provisions of this Declaration and follow any
rules or procedures prescribed by the association not in conflict with this Declaration.
The ACC may charge Owners of Lots such application and service fees as are
approved from time to time by the Board of Directors and contained in the rules and
Regulations of the ACC.
5.3.3 Applicants shall submit plans and specifications to the ACC as set
forth herein. The Committee, shall process the application and endeavor to issue its
approval or disapproval in a timely manner. In the event the ACC shall fail to approve
or disapprove the application within sixty (60) days of its submission, such approval
shall be deemed to have been given and received; provided, however, that no building
or other structure shall be erected or allowed to remain on any Lot which violates the
provisions of the Declaration or the Weld County Land Use Code, as it may be
amended from time to time. The exterior of the proposed building and finish grading
must be completed by an Owner within two (2) years of the commencement of
construction. The ACC may grant an extension in its sole discretion upon prior written
application by the Owner. Construction debris shall be removed immediately upon
completion of construction.
5.4 Building Size.
5.4.1 Dwellings shall have a ground floor footprint of not less than
square feet. In computing such minimum areas, the area of open porches, carports
and garages shall not be included.
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5.4.2 The maximum building height shall be 35 feet from finished ground
level to the peak of the roof. Building width shall be considered as the horizontal
distance between two opposite exterior walls. The minimum dwelling width shall be 20
feet.
5.4.3 The designated maximum building height and minimum width
requirements may be waived by the ACC when in its sole discretion it believes a
submitted plan has sound architectural planning and appropriate utilization of
topography; conforms to the overall design and pattern of the development; and meets
all other criteria set forth herein.
5.5 Building Location. The location of any building upon the site must meet the
Weld County Land Use Code and have prior written approval of the Architectural
Control Committee. No building shall be placed so as to interfere with any easements,
without the prior written consent to such variance by the ACC.
5.6 Temporary Residence. No structure of a temporary character; or a trailer,
motor home, mobile home, tent, camper, pickup camper, teepee, yurt, basement or
accessory building, may be used on any Lot as a temporary or permanent residence,
except that one trailer, motor home, camper, pickup camper, tent, teepee or yurt may
be used as a temporary residence for a period not to exceed five (5) months during any
calendar year. With the prior written consent of the ACC, a motor home, mobile home
or camper may be used as a temporary residence during construction of a permanent
residence. Owners shall apply for and obtain a permit for temporary residence from the
Association and shall return the permit to the association upon ending the temporary
residence.
5.7 Water and Sewage. All water, wells and sewage disposal systems placed
upon any Lot shall comply with the requirements of the State of Colorado Health
Department, the Health Department of Weld County, Colorado and the Association, as
applicable. Any residence constructed on any Lot shall, if so permitted, be connected
with any public, community or non-community water or sewage disposal system which
is then able to provide service to said Lot or which hereafter ma6y be formed or created
to serve the Property.
5.8 Clearing of Trees. Live trees may be cut only for fire protection, clearing an
approved building site, leach field and driveway, and thinning of dense tree growth.
Dead or diseased trees may be cut and cleared. Trees shall not be cut for commercial
purposes without the prior written approval of the ACC.
5.9 Mobile/Modular Homes. A modular and/or factory built home may not be
installed on a Lot. Mobile homes will not be permitted except as a temporary residence
during construction.
5.10 Refuse and Rubbish. Refuse, rubbish, garbage, trash, and other waste
shall be kept within sealed containers and shall not be allowed to accumulate on any
Lot. All refuse or waste containers shall be kept in a neat, clean, and sanitary
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�-. condition. All refuse, rubbish, garbage, and trash shall be disposed of in a sanitary
manner, off of the Lot and Common elements. Owners shall take precaution to keep
refuse or waste away from animals. No Lot or any driveway, road, or easement area
shall be used as a dumping ground for any waste or rubbish. Construction waste must
be removed from a Lot immediately upon completion of construction. Burning of trash
shall be permitted only in containers designated for that purpose at such time of the
year as shall not constitute a fire hazard. All burning and/or rubbish or refuse disposal
shall be in compliance with applicable governmental regulations which may require
permits or permission from governmental agencies. The association shall establish
rules and regulations regarding the burning of leaves, rubbish or other debris.
5.11 Nuisance. No activity which may constitute a nuisance shall be permitted
on any Lot. There shall be no persistent loud or excessive noises which interfere with
the right of the Owners of adjoining Lots to the quiet enjoyment of their Lots.
5.12 Fences. No fences or gates shall be erected or installed unless the Owner
of the Lot receives prior written approval for the location, installation and materials for
said fence from the ACC. Fences must provide gates or other appropriate access
where they cross easements.
With respect to Lots where livestock is permitted, in the event any Owner intends
to Place any livestock on such Owner's Lot, such Owner shall, at the Owner's sole cost
and expense, and after the prior written approval of the ACC has been attained, fence
all or any portion of the Owner's Lot so as to fence in such livestock. Penetrations
through such fencing for access purposes shall be gated.
5.13 Exterior Lights. The location of all outside lights or lighting on a Lot, not
attached to the residential structure, and the intensity thereof shall be approved by the
Architectural Control Committee before installation.
5.14 Driveways. All private driveways providing access from the Roads to the
interior of a Lot shall be installed in locations approved in writing by the ACC. When
determined to be needed by the ACC, driveways shall have an adequate culvert
installed with in the Road Easement/barrow ditch so as to permit full flow of the ditch.
The area of the driveway within the road Easement shall be properly compacted and
shall be adequately surfaced with a road base consistent with the road itself. Once
installed, the culvert and driveway area within the Road Easement shall be maintained
by the association. The Association will not maintain any portion of the driveway
outside of the road Easement area. No driveway or other road, Path or Trail shall be
constructed by a Lot Owner which permits direct vehicular access from such Lot to the
subdivision road.
5.15 Vehicle Storage. No inoperative automobiles, trucks or machines shall be
placed or remain on any Lot for more than thirty (30) days unless stored or parked in a
carporUgarage. One pickup camper. camp trailer. or motor home may be stored on
improved Lots in an appropriate location. Utility trailers and boat trailers may be stored
on any Lot.
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5.16 State of Property Repair and failure to Make Repairs. All Lot Owners, for
the benefit of the general health, safety and welfare of the Owners, must keep their lots
and improvements in a sound state of repair complimentary to the area and adjacent
properties. Should any Owner, in the opinion of the Architectural Control Committee,
fail to keep his Lot and improvements in a sound state of repair, the Committee may
give notice to the Owner in writing, listing the specific repairs to be made. If after sixty
(60) days of notification the recommended repairs have not been made, said repairs
may be made by or at the direction of the Association at the Owner's expense plus ten
(10%) percent of the actual cost of repair. Said repair costs shall be charged to the Lot
as a lien thereon.
5.17 Animals. Commonly accepted domestic household pets may be kept on a
lot provided they are not kept or maintained for any commercial purposes, and are not a
nuisance to adjoining property owners. Dogs and other domesticated animals may be
kept upon the property so long as they are securely confined in an enclosure such as a
pen, restricted by a suitable leash or chain, or properly trained and at all times within
the control of the owner under voice command and not running at large. Horses and
cattle and other domesticated livestock may be kept on lots as set forth and in
accordance with the rules and regulation of the ACC.
5.18 Re-Subdivision. No further subdivision of any Lot or tract as shown on the
plats shall be permitted except upon the prior approval of the Architectural Control
Committee and the Weld County Board of County Commissioners.
5.19 Irrigation Ditches. No obstruction which may interfere with the
maintenance or operation of an irrigation ditch or the flow of water of an irrigation ditch
or the drainage to an irrigation ditch shall be placed within the ditch easements. No
culvert or bridge. fence. gate or other structure shall be constructed within the ditch
easements without the express written approval of the ACC and McIntyre Ditch
Company.
6. ASSESSMENTS
6.1 Purpose of Assessments. The Assessments adopted by the Association
through its Board of Directors shall be used for the purposes of promoting the safety
and welfare of the lot owners; for payment of all Common Expenses including the
maintenance and repair of the road; to operate and administer the Association; to
provide a reserve fund for capital acquisitions including equipment, resurfacing or
replacing the road on a periodic basis, and repairing or replacing common elements
and facilities; and to provide other services to the lot owners which promote their health
and safety, and the welfare of the Community.
6.2 Annual Assessments. Annual assessments shall be based upon an annual
budget adopted by the Association Board of Directors to promote and pay for the
administration and performance of its duties set forth herein. Annual assessments shall
be levied and collected as determined by the board. The omission or failure of the --
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Board to fix the annual assessments for any assessment period shall not be deemed a
waiver, modification or release of the owners for their obligation to pay the same.
6.3 Special Assessments. In addition to annual assessments authorized
above, the Association may levy in any fiscal year, one or more Special Assessments,
payable over such period of time as the association may determine, for the purpose of
defraying, in whole or in part, the cost of any unbudgeted costs; for the construction, re-
construction, repair or replacement of any common elements or road improvements for
which the Association is responsible; or for the provision for new functions or services,
provided that any such special assessment shall have the assent of at least a majority
of the votes of those lot owners who are voting in person or by proxy at a meeting
called for that purpose, or by written ballot as provided by statute.
6.4 Assessment Classifications. For the purposes of budget and annual
assessment, there shall be the following classifications of lots:
(a) Improved Lot: A lot owned by a member upon which a residential
structure has been constructed for full or part time use as a residence, whether or not a
building permit or certificate of occupancy has been issued.
(b) Unimproved Lot: Any lot which does not contain a residential
structure as set forth above. Residential use of a structure not approved for residential
use may constitute a violation of County Ordinances and/or this Declaration.
6.5 Assessments Based on Classification. Annual assessments shall be levied
equally upon all lots within a classification as such assessments are adopted by the
Association as set forth herein.
(a) Each lot shall be assessed at the base assessment rate for a fiscal
year as determined by the Board of Directors.
(b) Each improved lot in the property shall be assessed at the improved
lot rate, which shall be one and one-half times the base assessment rate.
6.6 Annual Budget and Annual Assessments. Not later than thirty (30) days
prior to the annual meeting of the members, the Board of Directors shall mail to all
members by ordinary first class mail, a notice of the annual meeting including a
summary of the budget adopted by the Board of Directors for the ensuing fiscal year.
The notice shall indicate the amount of the assessment upon each classification of lot.
The annual budget shall not be subject to approval by the members; however, the
amount of the annual assessment levied upon each lot in order to adequately fund the
budget shall be subject to membership review. The Board of Directors shall carefully
consider all comments and opinions of the members and shall have the opportunity to
adjust the annual assessment or the budget, in its discretion. Unless at the annual
meeting a motion to reject the annual assessment levied by the Board of Directors is
passed by a majority of the members voting in person or by prosy, the annual
assessment as levied by the Board shall be ratified and the annual budget presented
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shall be the budget for the fiscal year having commenced January 1. In the event that
the annual assessment as originally presented or as adjusted during the meeting is
rejected, the annual assessment last ratified by the members must be continued until
such time as the members ratify a subsequent assessment proposed by the Board of
Directors. When an adjusted annual assessment is ratified by the members at the
annual meeting, a final budget shall be mailed by ordinary first class mail to all
members on or before March 1 , next following the annual meeting, together with a
notice of the amount of the annual assessment established for each classification of lot.
Any proposed revised annual assessment and budget adopted by the Board of
Directors may be presented as set forth above at a special meeting of the members
called for that purpose, or by written ballot according to statute.
6.7 Use Fees. In accordance with the provisions of the Association's governing
documents, the Association's Board of Directors shall have the authority to establish
use fees as may become necessary to provide or continue to provide particular services
to or for the benefit of owners who use such services.
6.8 Personal Obllcaticn. Eac,t lot owner, by acceptance of the deed for any lot,
whether or not it shall be so expressed in any such deed or other conveyance, shall be
deemed to covenant and agree to pay all assessments allocated to such lot. Such
assessments, including fees, charges, late charges, attorney fees, court costs, fines
and interest charged by the Association, shall be the personal, joint and several
obligation of the lot owners at the time when the assessments or other charges became
due. The persona! o'^ligation to pay any sums due the Association shall not pass to a
successor in title unless expressly assumed by the successor; but the lien against the
lot(s) for unpaid assessments or other charges shall remain subject to foreclosure.
6.9 Default. Any assessment, charge, fee, fine or penalty provided for in this
declaration which is not fully paid before the delinquency date as established from time
to time by the Board of Directors shall bear interest at a rate determined by the Board,
and if no rate is determined by the Board. then at % per annum. In addition the
Board may assess a late charge thereon. Any owner who fails to pay any assessment,
charge, interest, late charge, fee, fine, or penalty levied by the Association shall also be
obligated to pay to the Association all costs and expenses incurred by the Association,
including reasonable attorney's fees. in collecting the delinquent amount, whether or not
suit is files. The total amount due to the Association, including unpaid assessments,
fees, charges, fines, penalties, interest, late payment charges, costs and attorney's fees
shall constitute a continuing lien on the defaulting owner's lot. The Association may
bring an action against any owner personally obligated to pay any amount due to the
Association, and may also proceed to foreclose its lien against such owner's lot. An
action at law or in equity by the Association against a delinquent owner to recover a
money judgment for unpaid amounts due to the Association may be commenced and
pursued by the Association without foreclosing or in any way waiving the Association's
lien. Additionally, if any owner does not timely pay assessments, the Association in its
discretion may suspend the voting rights and other privileges of membership of the
owner during the period of default.
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. . .
6.10 Certificate of Assessments Due. Upon written request of any person with
an interest in any property subject to this Declaration, the Association shall furnish a
written statement detailing the amount of any unpaid annual assessments, special
assessments, charges, fines, interest, or late fees, if any, with respect to the particular
property which is the subject of such request, together with the amount of the current
year's assessments and charges whether delinquent or not, if established by the
Association at the time said request is received, within fourteen (14) calendar days of
the receipt of the request, in accordance with the provisions of Section 38-33.3-316 (8),
C.R.S., as the same as may be amended from time to time.
6.11 Homestead. The lien of the assessments shall be superior to any
homestead exemption as is now or may hereafter be provided by Colorado or federal
law. The acceptance of a deed to any lot subject to this declaration constitutes a
waiver of the homestead exemption as against the assessment lien.
7. INSURANCE
7.1 Public Liability and Property Damage Insurance. The Association shall
maintain comprehensive public liability insurance, including personal injury liability
coverage, covering liabilities of the Association. its directors, officers, employees,
agents and members arising in connection with the ownership, operation, maintenance,
occupancy or use of the common elements in amounts determined by the Association.
7.2 Insurance Obtained by Owners. Each owner shall have the right to obtain
insurance for such Owner's benefit, at such owner's expense, covering the owner's lot,
improvements, and personal property and personal liability. Any such insurance
obtained by an owner shall include a waiver of the particular insurance company's right
of subrogation against the Association, its Directors. officers, employees and agents. In
the event an owner does not.obtain such insurance, or to the extent such insurance
does not fully cover a loss on the owner's lot, each owner hereby waives any and all
rights of recovery against the Association, its directors, officers, employees and agents
for loss of or damage to such owner's lot, improvements and personal property, unless
such loss was caused by the intentional or malicious acts of the Association or its
agents.
7.3 Workmen's Compensation and Employer's Liability Insurance. The
Association shall obtain and maintain workmen's compensation and employer's liability
insurance as may be necessary to comply with applicable laws.
7.4 Directors' and Officers' Liability Insurance. The board shall maintain
directors' and officers' liability insurance, if available. covering all of the directors and
officers and committee members of the Association. This insurance will have limits
determined by the Board.
7.5 Other Insurance. The Association may carry other insurance which the
Board considers appropriate to protect the Association.
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8. INDEMNIFICATION
8.1 To the full extent permitted by law, each officer and member of the Board,
employee, ACC or other committee member of the Association shall be indemnified by
the Association against all expenses and liabilities, including attorney's fees, reasonably
incurred by or imposed upon them in any proceeding to which they may be a party, or in
which they may become involved, by reason of their being or having been an officer,
member of the Board, employee or committee member of the Association, or any
settlement thereof. whether or not they are an officer, member of the Board, employee
or committee member of the Association at the time such expenses are incurred,
except in such cases where such officer, member of the Board, employee or committee
member, is adjudged guilty of willful misfeasance or malfeasance in the performance of
his or her duties; provided that in the event of a settlement, the indemnification shall
apply only when the Board approves such settlement and reimbursement as being in
the best interests of the Association.
9. EASEMENTS
9.1 Road Easements. Every owner has a perpetual, non-exclusive easement
for access to and from such owner's lot over and across the road easement which
easements are appurtenant to and shall pass with title to such owner's lot. All
conveyances or other instruments affecting title to such lot shall be deemed to grant
and reserve the easements and rights provided for herein as though set forth in said
document in full even though no specific reference to such easement or right appears in
any such conveyance or instrument. Any owner entitled to use the road easement may
delegate to such owner's tenants, invitees and guests the right to use the road
easement subject to any rules and regulations adopted by the Board. Each owner's
right to use the road easement shall be subject to the rights of other owners as well as
subject to the following:
The right of the Association to reasonably restrict access and use, such as for
closure due to repairs, maintenance or replacement.
The right of the Association to enact reasonable rules and regulations governing
the use of the road provided such rules and regulations are enforced in a uniform
manner.
9.2 Utility Easements. The utility easements described in the plat are for the
purpose of construction, installation. location, maintenance and repair of public utilities
and other private facilities, which may furnish utility services to the lots. The utility
easements are perpetual and non-exclusive.
9.3 Association Grant of Easement. The Association, acting through its Board,
shall have the power to grant easements to public agencies, providers of utility service
and others across the road easement and across the common elements, in order to
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,-, provide services to the lots, or for such other purpose as the Board may determine to
be in the best interest of the property.
10. ADDITIONAL PROPERTY
10.1 The Declarant reserves the right to subject additional real property to this
declaration of covenants, conditions and restrictions, based on the following criteria:
(a) That the consent of all the owner(s) of the real property to be included
hereunder is obtained and that a majority of the members of the Board of the
Association approve the inclusion of such real property at a meeting called for that
purpose; and
(b) If such consent(s) and approval are obtained, that the owner(s) of the
real property included hereunder become members of the Association.
11. MISCELLANEOUS PROVISIONS
11.1 Enforcement. Enforcement of any provision of this declaration, the bylaws,
and rules and regulations shall be by appropriate proceedings by statute, at law or in
equity against those persons violating or attempting to violate any such provision. Such
proceedings may be for the purpose of removing a violation, restraining or enjoining a
future violation, recovering damages for any violation, foreclosing a lien, obtaining such
other and further relief as may be available, or any combination thereof. Such
proceedings may be instituted by the Association or by a lot owner. In any such
proceedings the prevailing party shall be entitled to recover the costs and reasonable
attorney's fees incurred in connection with such proceedings. However, the Association
shall not be liable to reimburse any lot owner fo attorney's fees or costs incurred in any
suit brought by a lot owner to enforce or attempt to enforce this declaration against
another owner or third party. In addition, the Association may levy fines against a lot
owner, or such owner's lessee, because of a violation of the terms of this declaration or
any rules and regulations. The rules and regulations adopted by the Association shall
provide for notice to the affected lot owner, or such owner's lessee, and hearing before
any such fines are assessed. The unpaid fines shall be added to the assessments
against the lot cf such owner. The failure to enforce any provision of this declaration,
the bylaws and the rules and regulations shall not preclude or prevent the enforcement
thereof for a further or continued violation, whether such violation shall be of the same
or of a different provision.
11.2 Severability. If any provision or term of this declaration is invalidated, such
invalidity shall not affect the validity of the remainder of this declaration.
11.3 Conflict. In the event of a conflict between this declaration and the bylaws
or the articles of incorporation, this declaration shall control.
13
11.4 Duration. Subject to paragraph 11.5 below, the covenants, conditions and
restrictions of this amended declaration shall run with the property, shall be binding on
all lot owners, their legal representatives, heirs, successors and assigns, and shall be in
effect for twenty-five (25) years from the date hereof at which time they will
automatically extend for successive periods of ten (10) years unless terminated by the
vote of sixty-seven percent (67%) of the members of the Association entitled to vote
thereon.
11.5 Amendment. This declaration may be amended at any time by a written
and recorded instrument containing the consents of the then record owners of a
majority of the lots subject to this declaration.
11.6 Notice. Unless otherwise requires by this declaration, notice of matters
affecting the property may be given to lot owners by the Association, or by other lot
owners, in the fc !lowing manner: Notice shall be hand delivered or sent by United
States mail, first class with postage prepaid, to the mailing address of each lot or to any
other mailing address designated in writing by the lot owner. Such notice shall be
deemed given when hand delivered or, if mailed three days after being deposited in the
United States mail. Receipt by any lot owner shall be deemed receipt by all of the lot
owners for that lot.
11.7 Waver. No provision in this declaration is waived by reason of any failure
to enforce the provision, regardless of the number of violations or breaches which may
occur.
11.8 Limited Liability. Neither the Association. a member of the Board of
Directors, nor any member of the ACC or other committee, agent or employee of any of
the same shall be liable to any party for any act cr cr for any failure to act with respect
to any matter in which the action taken or failure tc act was in good faith and without
malice. Such parties shall be reimbursed by the Association for any costs and
expenses, including reasonable attorney's fees incurred by them with the prior
approval of the Association (which approval sha ! not unreasonably be withheld), as a
result of the threatened or pending litigation in which they are or may be named as
parties.
Dated this day of . 2001 .
HELEN M. SCHULTZ UNIFIED
CREDIT TRUST
By.
Steven M. Schultz. Trustee
14
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
, 2001 by Steven M. Schultz, Trustee of the Helen M. Schultz Unified Credit
Trust.
Witness my hand and official seal.
My commission expires:
Notary Public
HELEN M. SCHULTZ UNIFIED
CREDIT TRUST
By:
Diana M. Schubert, Trustee
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
, 2001 by Diana M. Schubert, Trustee of the Helen M. Schultz Unified Credit
Trust.
Witness my hand and official seal.
My commission expires:
Notary Public
HELEN M. SCHULTZ UNIFIED
CREDIT TRUST
By:
Donald J. Schultz, Trustee
15
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
, 20C1 by Donald J. Schultz, Trustee of the Helen M. Schultz Unified Credit
Trust.
Witness my hand and official seal.
My commission expires:
Notary Public
16
- .
Landmark
ENGINEERING Ltd.
April 12, 2001
Project No. SCHU-9F1I-01-211A3
MEMORANDUM
MINUTES OF MEETING FOR SCHULTZ MINOR SUBDIVISION
DATE/TIME: March 3,2001,3:00 p.m.
LOCATION: Landmark Engineering Ltd., Conference Room
IN ATTENDANCE: Harlen Schultz Applicant
Don Schultz Attending with Applicant
Tiffane Moore Landmark Engineering Ltd.
Ken Merritt Landmark Engineering Ltd.
Karl Matz Landmark Engineering Ltd.
Drew Scheltinga Weld County,Engineering Department
Dale Miller Larimer County,Engineering Department
I. The following pertinent items were discussed at the March 3,2001 meeting:
A. A public hearing was held on October 25, 2000 at 10:00 a.m. for the purpose of hearing the
application of Harlen Schultz, c/o Landmark Engineering Ltd. The application requests a
Change of Zone from the Agricultural Zone District to the Estate Zone District for a parcel
of land located in part of the W1/2 of the SW1/4 of Section 7,Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado. The Weld County Board of County
Commissioners approved this request with conditions. The adopted Resolution stated the
following as one of the conditions of approval:
"The applicant shall enter into an Improvements Agreement regarding collateral for all onsite
improvements to the Minor Subdivision, and for all offsite improvements proportional to
their share of traffic on Weld County Road 1 as determined by a traffic study."
B. It was determined that staff and the applicant would work together to determine the"scope"
of the Improvements Agreement regarding offsite roadway improvements and collateral.
2. It was determined by those in attendance at the March 3, 2001 meeting, that the applicant's
requirements to meet the Board of County Commissioner's Condition of Approval for the
proportional share of offsite improvements to Weld County Road I would be as follows:
3521 West Eisenhower Blvd. Dale Olhausen, P.E. &L.S.
Loveland, Colorado 80537 President
ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS
Loveland(970)667-6286 FAX (970)667-6298 Denver(303)629-7124
Minutes of Meeting(con't)
Project No. SCHU-9F1I-01-211A3
April 12, 2001
Page 2
A. The applicant,with the approval of the McIntyre Ditch Company, shall relocate the McIntyre Ditch
so that it lies East of the proposed future 20-foot right-of-way reservation.
B. The applicant must provide a set of engineered construction drawings to the McIntyre Ditch
Company, Board of County Commissioners, and Weld County Planning and Engineering for the
relocation and realignment of the proposed new McIntyre Ditch for their review and approval.
C. The construction drawings for the relocation and realignment of the ditch must be approved by the
McIntyre Ditch Company, Board of County Commissioners, and Weld County Planning and
Engineering.
D. Upon approval of the new ditch location and design, the applicant will coordinate the construction
of the new ditch with the ditch company. The applicant may begin construction upon approval of
the engineered construction drawings per the following conditions:
1. The applicant will not interfere or disturb the operation of the existing McIntyre Ditch during
construction of the new ditch.
2. The applicant must construct the new ditch so that it lies East of the proposed future 20-foot
right-of-way reservation, per the approved construction documents.
3. The applicant must cut down and remove the existing trees and stumps located in the
existing McIntyre Ditch so that there are no remaining stumps located in the future road area.
4. The applicant must fill in the existing McIntyre Ditch.
The above is Landmarks understanding of the March 3, 2001 meeting. If these interpretations are not
consistent with your understanding of the meeting and the terms and conditions agreed upon, please submit
your written comments within one week of the issue date of this memorandum.
Respectfully submitted,
Landmark Engineering Ltd.
w1t_n_ac.AtC
Tiffane V. Moore
TVM/ej
cc: Harlen Schultz Applicant
Ken Merritt Landmark Engineering Ltd.
Karl Matz Landmark Engineering Ltd.
Drew Scheltinga Weld County Engineering
Dale Miller Larimer County Engineering
Kim Ogle Weld County Planning
soeirreSSINR2-J
Transportation Department
^ HOMPSON SCHOOL DISTRICT 200 N.Wilson Avenue
17
Loveland, Colorado 80537
oveland-Berthoud Colorado Phone: (970) 613-5185
April 13, 2001
Tiffane Moore
Landmark Engineering
3521 West Eisenhower Boulevard
Loveland, Colorado 80537
Dear Tiffane:
Thank you for requesting input from the Thompson R2-J Transportation Department, regarding
student transportation for the proposed Schultz minor sub division east of Berthoud.
After reviewing the plat with our bus route scheduler, it appears that the proposed placement of
the bus stop/bus shelter along WCR 1, directly north of Schultz Lane would be the most
^ desirable location. At this time, it is not possible to determine the direction of travel of the bus
along WCR 1, so I would suggest that the construction of the shelter allow for visibility of the
county road to both the north and south.
As we had spoken, a concern was the potential hazard of the McIntyre ditch currently running
alongside of WCR 1. However, the proposed diversion of the ditch into an underground culvert in
the proximity of Schultz Lane should mitigate the hazard to students waiting to board/disembark
from the bus at this stop.
Thank you again for allowing Transportation the opportunity to contribute input into the planning
process. Should you have further questions relative to student transportation, please feel free to
contact me directly at 613-5187.
Sincerely,
Nansi Crom
Transportation Director
cc: Diane Reusing/ Shared Planning
Linda Worthington/Route Scheduling
THL_1IPSON SCHOOL DIS1,...ACT
535 N. Douglas Avenue
Loveland, Colorado 80537
(970) 613-5000
Receipt for Payment of School Fees In-Lieu of Land Dedication
(,z}lam'
In accordancewith the Intergovernmental Agreement between the Thompson School District and the CITY-OF
`', VELAND, effective as of January 23, 1996, the District acknowledges that the applicable fees-in-lieu of land
t6
dedication as set forth below have been paid on behalf of the builder by the person whose signature appears below;
that amount to be deposited in a District capital reserve fund designated for this purpose.
11
LEC.jAL NAME OF DEVELOPMENT: �!{I U I Iz l't?(Q r Su kill s V I`;(O
k{CC-icj1j E)c ,u421' (i€
LEGAL DESCRIPTION (Block/Lot#): /fof s.is /— .5
Property Address(es):
High School Feeder System as of this date: P �
(see Section 5.a. of IGA)
Calculation of Fee Amount:
Number of Dwelling Units to be covered by this fee: 5
Fee per Dwelling Unit (per Resolution #21-98 approved March 3, 1998) ( 146 U 1
Amount Payable S 2.
n NO FEE REQUIRED. Requirement met by negotiated land dedication.
1�� �� Received by; (1A1 T E
Date for Thompson SEhool District
In accordance with Section 7.d. of the Intergovernmental Agreement, any in-lieu fees which have not been used
for the acquisition, development, or expansion of school sites within ten years of the date of collection shall be
refunded,with interest at the rate of 6 percent per annum compounded annually, to the person who paid the fee, at
his or her address as reflected in the records maintained by the School District. If the payer does not file a written
claim for such refund with the School District within 90 days of the mailing of such notice, such refund shall be
forfeited and shall revert to the School District to be utilized for capital facilities or improvements that will benefit
the residence(s) for which the fee was paid.
Q _ .
Developer/Builder Responsible for Fee: 'IS, �[
Address of Developer/Builder: D /,� We-7 , 2
"—Phone Number of Developer/Builder: (t/70) jt!OI
Signature of Person Paying The Fee: •
,' ..
White - Developer Yellow:_City-of-L-oyeihnd Pink- PPPS Golden Rod - Financial
n1/4.1-y
ttaHdmark
3521 W. Eisenhower Blvd. LETTER OF TRANSMITTAL
Loveland, Colorado 80537
970-667-6286
Date: 3/20/01 Job No.: SCHU-9F1I-01A3
TO: Jeanne Perrine Attention: I—H./5
BERTHOUD POST OFFICE RE: Schultz Minor Subdivision
Street Name
WE ARE SENDING YOU THE FOLLOWING:
['Prints ❑Preliminary Drawing ❑Final Drawings
❑Originals ❑Contract Plans & Specifications ❑Change Order
❑Separate Cover Via ❑
Sets" Cop \Description
l �\,ilinor Subdivision Change of Zone Plat
o . a
reelittiljAj h4t/e-
,e4Ge_ALlim
r 9,122/0",)/J
These are transmitted as checked below: P2-579
['For approval ®For review and comment ❑Amend and resubmit
❑For your use ❑No exceptions taken ❑For your signature
❑As requested ❑Make corrections noted ❑For bids due
n
Remarks:
Jean, Enclosed is another copy of the 5 lot minor subdivision plan you reviewed a few months
ago. We are now nearing the end of the process and received a comment from the Weld
County Planner, Kim Ogle, to provide a letter from the Berthoud Post Office, that the street
name, Schultz Lane, is not in conflict with any other street name. We would greatly appreciate
your review and comment regarding this plan. If you have any questions please feel free to call
me at 970-667-6286. Thanks again for taking time out of your busy schedule to input on this
project.
COPY TO:
File
Signed: ty ,
Tiffa e/C V. Moore
970-667-6286 FAX 970-667-6298 Metro 303-629-7124
Hello