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Home My WebLink About20031212.tiff T 44(1 PUD FINAL PLAT WUDc. ADMINISTRATIVE REVIEW COLORADO CASE • NUMBER: PF-1005 ri PLANNER: S Lockman APPLICANT: Percy Hamilton ADDRESS: 36244 WCR 53, Eaton, CO 80615 ;,;y REQUEST: Mason View PUD Planned Unit Development Final Plan for five (5) residential lots and 4.7 acres of Common Open Space LEGAL DESCRIPTION: Lot B AMRE-2224, being part of the SW4 Section 33, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 53; 1/4 mile north of Weld County Road 74 ACRES: 30.9 +/- PARCEL#: 0711 33 300044 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code . 1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the minimum lot size for a viable farming operation. Although the site is classified as "prime" farmland on the Important Farmlands of Weld County map, the subject parcel is only 30.9 acres net in size. Historically, the subject parcel has been utilized for crop production. 2) The application proposes non-urban scale development as defined by Section 27- 2-140 of the Weld County Code. Section 27-2-140 defines non-urban scale development as "...developments comprising of nine (9) or fewer residential lots, located in a nonurban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of five(5)PUD Estate zoned residential lots and one 4.7 acre of open space lot consisting of a perimeter trail. 3) Section 22-2-60.D.2, A.Policy 4 "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." The PF-1005, Mason View 1 2003-1212 PL /5441 L154y proposed level of development is non-urban as defined in Section 27-2-140. The addition of five (5) PUD Estate zoned residential lots will have minimal impact on the local service providers. 4) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which includes a residential use should provide common open space free of buildings, streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation...." The proposed open space meets the requirements of PUD.Policy 4.2. 5) Section 22-3-50.8.1, P.Goal 2"Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced with North Weld County Water for potable and fire protection requirements. Individual sewage disposal systems (I.S.D.S.)will handle the effluent flow. 6) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access,buffering and screening,bulk requirements, circulation, etcetera. The applicants have submitted an Improvements Agreement According Policy Regarding Collateral for Improvements (Private Road Maintenance).A finalized Improvements Agreement will be required prior to recording the final plat. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter- Governmental Agreement nor is the site within the three mile referral area of a municipality. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code.A Water Service Agreement with North Weld County Water District has been approved by the Weld County Attorneys Office.The State Engineers office has indicated the proposed water supply can be provided without causing material injury to existing water rights and the supply is expected to be adequate. Sewage disposal will be served by Individual Sewage Disposal Systems(I.S.D.S.). Primary and secondary septic system envelopes have been designated on each lot as recommended. Language restricting building on the septic system envelopes has been included in the homeowners association covenants. E. Section 27-7-40.C.5-- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. No improvements have been required of the associated Weld County Roads. PF-1005, Mason View 2 F. Section 27-7-40.C.6 — In the event the street or highway facilties are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable.The applicants have submitted an Improvements Agreement According Policy Regarding Collateral for Improvements (Private Road Maintenance).A finalized Improvements Agreement will be required prior to recording the plat. G. Section 27-7-40.C.7-- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. A Development Standard has been included to ensure the site is developed according to Colorado Geological Survey recommendations. H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance). This agreement shall be approved by the Board of County Commissioners. (Department of Public Works) B. The Restrictive Covenants for Mason View PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Department of Planning Services) C. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Exportfiles format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) E. As indicated in the referral dated June 8, 2002, from Kim Ogle, the applicant shall submit additional information regarding the bus shelter, the free standing masonry wall, the landscaped gravel area, the placement of the trail and type of trail material, if any, the placement of the Eastern Red Cedars,Juniperus virginiana,and the placement/installation of all grass types, including the residential lawn area. (Department of Planning Services) F. The Plat shall be amended to include the following: 1) All plats shall be labeled PF-1005 (Department of Planning Services) 2) A utility service statement block as indicated by Section 27-9-40.B of the Weld PF-1005,Mason View 3 County Code. (Department of Planning Services) 3) An additional fifteen (15) feet of right-of-way for the bus lane pullout shall be dedicated on the final plat. (Department of Public Works) 4) A stop sign and street name sign shall be noted on the final road plan and profile. (Department of Public Works) 5) The final waterline plan shall indicate a manhole at the culvert tee at the intersection of Mason View Road and Weld County Road 53.(Department of Public Works) 6) Sight distance triangles shall be indicated on the Landscape Plan. (Department of Public Works) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of five(5)lots.The PUD allows for Estate uses as set forth in Section 23-3-410 of the Weld County Code and as indicated in the application materials on file in the Department of Planning Services. The PUD is subject and governed by the Conditions of Approval and Development Standards stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment) C. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils and shallow bedrock. (Department of Public Health and Environment) D. Activities such as landscaping (i.e., planting of trees and shrubs) and construction (i.e., auxiliary structures, dirt mounds, etcetera) are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) E. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) F. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. (Department of Public Health and Environment) G. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) H. If land development creates more than a 25 acre contiguous disturbance, or exceeds six PF-1005, Mason View 4 (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice(A.P.E.N.),and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance,taxes and maintenance of open space,streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) J. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) K. Signs shall adhere to Section 27-6-90 of the Weld County Code.(Department of Planning Services) L. The property owner shall be responsible for complying with all regulations and requirements of Section 27 of the Weld County Code including the Performance Standards listed in Article II and Article VIII. (Department. of Planning Services) M. The site shall be developed in accordance to the recommendations made by the Colorado Geological Survey, referral dated August 17, 2000, and the Preliminary Geologic and Mineral Resource Statement prepared by Church & Associates, dated June 2000. (Department of Planning Services) N. Personnel from the Weld County Department's of Public Health and Environment, Public Works and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department. of Planning Services) O. Outdoor storage shall be screened from public rights-of-way, and adjacent properties. (Department of Planning Services) P. The site shall maintain compliance with the Galeton Fire Protection District at all times. (Department of Planning Services) Q. Building permits shall be obtained prior to the construction of any building. Building permits are also required for signs. (Department of Building Inspection) R. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) S. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection) T. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer.(Department of Building Inspection) PF-1005, Mason View 5 U. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) V. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) W. Access for Lot 4 and Lot 5 shall have forty (40) foot plastic pipe sections to replace the existing tile irrigation line and shall be clearly marked as the access point. (Department of Public Work) X. All landscaping within the intersection sight distance triangles shall be less that 314 feet in height at maturity. (Department of Public Works) Y. Areas designated as open space may be utilized as a utility and drainage easement. Z. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan- If no construction has begun or no USE established in the PUD within one (1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan,the Board may,after a public hearing,revoke the PUD Final Plan and order the recorded PUD Plan vacated. AA. Section 27-8-80.A of the Weld County Code- Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty(30)days thereof. A hearing shall be held by the Board within fifteen (15)days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AB. Section 27-8-80.6 of the Weld County Code -Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. AC. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for PF-1005, Mason View 6 preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. A stop sign and street name sign shall be placed at the intersection. (Department of Public Works) B. Access for Lot 4 and Lot 5 shall be clearly marked at the forty(40)foot plastic pipe sections to avoid damaging the existing tile irrigation line. (Department of Public Work) 5. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one(1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may,after a public hearing, revoke the PUD Final Plan; • By /l;�� /7(7ir '//CL , N. Date July 24, 2002 Sheri Lockman ❖ Planner II PF-1005, Mason View 7 . A+' MEMORANDUM W IWimp C TO: Sheri Lockman, Planner II COLORADO DATE: September 23, 2002 FROM: Kim Ogle, Planner Ill SUBJECT: Mason View PUD, PF-1005 Percy Hamilton, applicant The Department of Planning Services has reviewed the Improvements Agreement for Private Road Maintenance and offers the following comments: On-site landscape treatment consists of a single row of Eastern Red Cedars, Juniperus virginiana L., with no cultivar listed. A cultivar shall be determined prior to acceptance of the Landscape Plan. The cedars are placed in a single row fronting Weld County Road 53. The staggered placement of the trees is acceptable. There are also two trees placed to the south of Mason View Drive as accents to the entry. There is existing vegetation located on site consisting of two separate clumps of Cottonwood trees, Populus spp., that have not been determined to be cottonless. A single row of three different species of plant material runs parallel to the south property line. As noted on the Landscape Plan, one row of evergreens, genus and species unknown, one row of Chock Cherry, perhaps this should be labeled Chokecherry, Prunus, spp., and one row of Plum trees, Prunus cvs. The Landscape Plan should reflect the proper identification of known plant material as delineated on the Plat. The entire site makes use of existing natural grasses and vegetation of undetermined genus and species in all areas identified as open space. The plan identifies a twenty-five foot open space and trail system at the perimeter of the development, although there is not a trail delineated. Future correspondence shall identify the trail location and type of material utilized in trail construction. There is a graphic delineation of a lawn area around each residential structure. The "Lawn Area" is not defined by genus or species of turf. Future correspondence shall describe if this material will be seeded or sodded, and if seeded the method of installation. If this is for graphic representation only, the delineation of a proposed plant material shall be removed, as it is not applicable to the Landscape Plan. The applicant has identified the appropriate seed mix for each area delineated on the Landscape Plan. Typically the wildflower mix is burned in the early spring, thereby encouraging new seed development. Future correspondence shall outline the proposed maintenance and propagation measures for this development. The random rubble wall approximately six feet in height and nine feet in length with copper flashing pre-cut letters identifying the development requires additional information. Specifics shall include the depth of the footing, whether the stone is constructed of natural or man-made stone, are wall ties installed, is there a batter to the wall, the construction of the internal core, reinforcement, subsurface drain pipe. Further, are the stainless steel (SS) screws set directly into the stone wall and how are the copper pre-cut letters affixed to the letters. The plan delineates a Student Bus Shelter on the Landscape Plan, however, no information has been submitted detailing how students will access the County Road from this structure as there is a deep borrow ditch along the east side of Weld County Road 53. Future correspondence shall identify how access will be achieved. The Department of Building Inspection should review the proposed bus stop building for compliance with all applicable codes. A general note regarding the graphic delineation of the of the grass lined swale relative to the residential driveways. The driveways should be delineated to cross the grass lined swale, and a culvert if required shall be delineated on the plans. This graphic shall be labeled accordingly. The Improvements Agreement for Private Road Maintenance has estimated the cost for all non- transportation items, including landscape material, entrance sign and shelter (5500.00 dollars) and the re-seeding of the grass lined swale (1100.00 dollars) to be sixty-six hundred (6600.00) dollars. It is the professional opinion of the Department of Planning Services that this number is extremely low and should be re-evaluated to include the items previously discussed in this memorandum. Please provide an itemized calculation for each individual component as requested with the Change of Zone Review. The applicant shall submit a revised itemized Exhibit A of the Improvements Agreement for Private Road Maintenance for review and approval prior to providing collateral for acceptance by the Board of County Commissioners. The applicant shall check the spelling associated with the submitted drawings, and revise as required. End Memorandum. r-. 46411 MEMORANDUM TO:Ii�ole. DATE: June l8, 2002 Lockman, Planner II COLORADO FROM: Kim Ogle, Planner III 1;a1 . SUBJECT: Mason View PUD Percy Hamilton II, applicant The Department of Planning Services has reviewed the Improvements Agreement for Private Road Maintenance and offers the following comments: On-site landscape treatment consists of a single row of Eastern Red Cedars, Juniperus virginiana, with no cultivar listed. A cultivar shall be determined prior to acceptance of the Landscape Plan. The cedars are placed in a single row fronting Weld County Road 53. It is highly recommended that the placement of these trees be offset or staggered. There are also two trees placed to the south of Mason View Drive as accents to the entry. There is existing vegetation located on site consisting of two separate clumps of Cottonwood trees, Populus spp., that have not been determined to be cottonless. A single row of three different species of plant material runs parallel to the south property line. As noted on the Landscape Plan, one row of evergreens, genus and species unknown, one row of Chock Cherry, perhaps this should be labeled Chokecherry, Prunus, spp., and one row of Plum trees, Prunus cvs. The entire site makes use of existing natural grasses and vegetation of undetermined genus and species in all areas identified as open space. The plan identifies a twenty-five foot open space and trail system at the perimeter of the development, although there is not a trail delineated. Future correspondence shall identify the trail location and type of material utilized in trail construction. The grass lined swale immediately adjacent to Mason View Drive is identified as the Lloyd Seekamp Seed Company, Rocky Mountain Wildflower Mix. Future correspondence shall identify the species of grass seed mix and whether the mix is to be drilled or broadcast for installation. There is a graphic delineation of a lawn area around each residential structure. The "Lawn Area" is not defined by genus or species of turf. Future correspondence shall describe if this material will be seeded or sodded, and if seeded the method of installation. The proposed Dryland Pasture Mix formulated by the Arkansas Seed Company, drilled at 20- 25#/ acre is an excellent drought tolerant seed mix and is approved for the pasture areas outside of the lawn area around each residential structure. Accent plant material adjacent to the Mason View PUD access point does provide interest and color. The Blue Avena Grass/Blue Oat Grass, Helictotrichon sempervirens will form a graceful clump with seed heads appearing in mid to late summer. Russian Sage, Perovskia atriplicifolia, is a dense compact shrub with blue flower spikes appearing in mid to late summer. This plant r has substantial pruning requirements in autumn. Red-leaf Rose, Rosa glauca, or similar, Rosa rubrifolia, is red stem blue green foliage plant that is thornless and blooms pink flowers in early summer. Pruning may be required in autumn should the plant become "leggy". The proposed seed mix identified elsewhere within the development requires additional information, specific to the Lloyd Seekamp Seed Company, Rocky Mountain Wildflower Mix. Future correspondence shall identify the species of grass seed mix and whether this mix and the Dryland Pasture Mix formulated by the Arkansas Seed Company is to be drilled or broadcast for installation in the two planting beds adjacent to the entrance road. Additional information is required pertaining to the maintenance of the native and wildflower grass mix. Typically the wildflower mix is burned in the early spring, thereby encouraging new seed development. Future correspondence shall outline the proposed maintenance and propagation measures for this development. The random rubble wall approximately six feet in height and nine feet in length with copper flashing pre-cut letters identifying the development requires additional information. Specifics shall include the depth of the footing, whether the stone is constructed of natural or man-made stone, are wall ties installed, is there a batter to the wall, the construction of the internal core, reinforcement, subsurface drain pipe. Further, are the stainless steel (SS) screws set directly into the stone wall and how are the copper pre-cut letters affixed to the letters. Fronting the development identification sign is an area approximately 8.25 square feet identified as having landscape gravel. Future correspondence shall identify the size of this material, whether a landscape fabric will be placed on the soil prior to installation of the landscape gravel and the location of the edging. Specifics are required for the type of edging, how staked, and how high relative to existing natural finished grade. The plan delineates a Student Bus Shelter on the Landscape Plan, however, no information has been submitted detailing this structure. Future correspondence shall identify if this is a proprietary item or custom built structure. A general note regarding the graphic delineation of the of the grass lined swale relative to the residential driveways. The driveways should be delineated to cross the grass lined swale, and a culvert if required shall be delineated on the plans. The Improvements Agreement for Private Road Maintenance has estimated the cost for all non- transportation items, including landscape material (2000.00 dollars) and the re-seeding of the grass lined swale (1100.00 dollars) to be thirty-three hundred (3300.00) dollars. It is the professional opinion of the Department of Planning Services that this number is extremely low and should be re-evaluated to include the items previously discussed in this memorandum. Additionally, further information is required of the applicant to ascertain the construction methods of all on-site installations, including but not limited to the bus shelter, the free standing masonry wall, the landscaped gravel area, the placement of the trail and type of trail material, if any, the placement of the Eastern Red Cedars, Juniperus virginiana, and the placement/ installation of all grass types, including the residential lawn area. The applicant shall submit a revised itemized Exhibit A of the Improvements Agreement for Private Road Maintenance for review and approval prior to providing collateral for acceptance by the Board of County Commissioners. End Memorandum. PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: 7°F - /0O5 Case Number Application Fee: 5,�y Zoning District_ vv/ Receipt Number Date ha Gl: Application Checked By: , Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable,conceming the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Lot B of ARE-2224,Pt.of the SW1/4 of Sec.33,T7N,R64W of the 6thP.M.,Weld County, CO (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 0 7 1 1 3 3 3 0 0 0 4 9 (12 digit number found on Tax I.D.or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Mason View P.U.D. EXISTING ZONING P.U.D. CHANGE OF ZONE CASE NUMBER 558 TOTAL AREA(ACRES) 30.9+/- TOTAL AREA(acres) OF COMMON OPENSPACE 4.7+/- NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 4.72 MINIMUM 4.72 UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME On Lot Septic GAS: NAME Propane PHONE: NAME US West ELECTRIC: NAME Public Service Company of Colorado DISTRICTS: SCHOOL: NAME Eaton School District RE-2 FIRE: NAME Galeton Fire Protection District ENGINEERS NAME Messner Engineering PHONE (970)663-2221 ADDRESS 150 E.29th Street. Loveland,Colorado 80538 PHONE SURFACE FEE(PROPERTY OWNERS)OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: Percy Hamilton HOME TELEPHONE: 454-3678 ADDRESS: 36244 Weld Counts/Road#53, Eaton CO 80615 BUS.TELEPHONE: NAME: HOME TELEPHONE: ADDRESS: BUS.TELEPHONE: APPLICANT OR AUTHORIZED AGENT(if different than above): NAME: Intermill Land Surveying HOME TELEPHONE: ADDRESS: 1301 N. Cleveland Ave. Loveland Colorado 80537 BUS.TELEPHONE: (970 669-0516 OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: hEE A-r #C4I A ADDRESS: Signature! Owner or Authorized Agent P-00-441 May 2, 2002 Mason View P.U.D. (Percy Hamilton) PUD Final Plan The following is supporting written material for the Planned Unit Development (P.U.D.) Final Plan Application Questionnaire for the above referenced proposed P.U.D. situate in the Southwest Quarter of Section 33, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado. This proposal is for a 30.9± acre Planned Unit Development, which is situate approximately 1-1/2 miles Northeast of Galeton, CO. on Weld County Road No. 53. More particularly described as, Amended Recorded Exemption No. 2224. This P.U.D. proposal will be a covenant-controlled development consisting of 5 single-family residential lots (zoned P.U.D.). The residential lots will average approximately 4.7 acres in size with a traditional wood framed house of one and two stories. The P.U.D. will provide approximately 4.7 acres of Open Space owned and maintained by the Homeowners Association. APPLICATION REQUIREMENTS FOR SUBMITTAL PER P.U.D. FINAL PLAN 1. See attached Final Plan Application Form and application fee 2. See attached recorded Change of Zone Plat. 3. See attached certificate of title for the P.U.D. Final Plan 4. Not-Applicable 5. Not-Applicable 6. See attached certificate from the County treasurer 7. Road Plan and Profile/Utility Plan and Grading Plan are stamped and signed by the Engineer. 8. See attached covenants. 9. See attached improvement agreement. 10. See attached Weld County, Change of Zone Administrative Recommendation Mason View Planned Unit Development, Case# 558. Specifically Item 1, E stating that street facilities are adequate to meet the traffic requirements. 11. Not Applicable. 12. See attached P.U.D. construction schedule. 13. The method of financing shall be a letter of credit submitted at time of approval of Improvements Agreement. 14. See attached certified list of adjacent property owners within 500 feet. 15. See attached list of mineral owners of this property. 16. See Development Guide Requirements section of this application. 17. See attached Final Plan Map 18. See attached Landscape Map 19. See attached Utility Map DEVELOPMENT GUIDE Component One—Environmental Impacts: Noise and Vibration -No noise or vibration is anticipated, other than normal occurrences, within this development. The Homeowners Association shall have the ability to site and address (within their power) any complaints of noise or vibration within this P.U.D. Smoke, Dust and Odor — Reseeding shall take place after construction that will limit blowing dust and erosion. Erosion control methods/dust control methods will be used during and after construction to also limit blowing dust. No smoke or odors are anticipated being a problem within this development other than what is created due to agricultural activities. Heat, Light and Glare—We feel that these particular impacts are not applicable to this development. This development is of like development within the area. The property is generally at the same elevation as the surrounding areas; therefore, it will not be on top of a hill to cause problems such as glare from windows or bright lights that can be seen for miles. Standard outside illumation for individual homes will be the extent of possible lighting nuisance, which in turn can be addressed through the restrictive covenants of the P.U.D. Visual/ Aesthetic Impacts—This development will be compatible with surrounding development in that it will contain relatively the same densities and style of home and out buildings. Utility lines will be underground. Landscaped areas along with open space will give this development a rural atmosphere which will fit well with residential and agricultural activities in the area. We feel that this proposal will enhance the immediate area instead of creating negative visual or aesthetic impacts. Electrical Interference—This particular impact should not be a problem within this P.U.D. Typical household appliances are expected such as cordless phones, garage door openers and cellular phones. Water Pollution— Septic systems shall be installed per Health Department regulations, which will dismiss and/or minimize any ground water contamination. Waste Water Disposal—Each lot will contain and individual sewage disposal system as installed per Weld county Health Department regulations and/or specifications. Wetland Removal—This site does not contain any wetland areas. Erosion and Sedimentation—Erosion control and reseeding methods will be used during and after construction. The restrictive covenants will address animal units per lot and the practice of grazing to minimize erosion problems as well as dust control. Excavating, filling and Grading—Normal excavation shall occur during infrastructure installation and construction of homes. Construction activities shall be in accordance with standard procedures as well as Weld County Public works regulations. Drilling, Ditching and Dredging—These impacts do not apply to this development. Air Pollution— This should not be a factor for this development. Only residential development will occur, therefore pollution, which can be associated with heavy commercial, or industrial uses will not be present. Solid Waste—This impact does not apply to this development. Wildlife Removal— Currently we are not proposing any type of wildlife relocation program. Certain wildlife will relocate on their own, due to the development of this property. Much of the wildlife will stay or frequent the development due to the proposed acreage of the lots and the amount of open space to be retained. Exotic or endangered species are not present in the site. Natural vegetation Removal—Minimal disturbance of the natural vegetation shall be enforced during construction. Areas that are disturbed shall be reseeded after construction is completed. Radiation/Radioactive Material—These impacts do not apply to this development. Component Two— Service Provision Impacts: Schools—This proposed development would be within the Eaton School District, (RE 2). We feel that the 5 lots proposed for this development a minimal impact would occur regarding the school district. A referral was received from the school district and they had no conflicts with this development. Please see attached letter regarding school district impact fees and agreement. Law Enforcement—This P.U.D. will be served by the Weld County Sheriff's Department for protection and safety. We are assuming that no additional patrols will be needed for the additional 5 lots proposed. Fire Protection— The development will be served by the Galeton Volunteer Fire District. Due to the location of this site being near the town of Galeton, it is our belief that the impact shall be minimal to the Fire District. It is out intent to meet the Fire District's needs for fire flow, hydrants, and access. Please see the attached letter regarding fire hydrant placement. Construction shall comply with all codes as adopted by the Weld County Commissioners. Ambulance— Ambulance service will be provided by Weld County Ambulance. The Galeton Volunteer Fire District as well as Air life of Greely will provide additional emergency service. Again, we feel that with the additional 5 lots proposed minor impacts shall occur regarding Ambulance service. Law Enforcement, Fire Protection and Ambulance services are based on an as needed basis. Transportation—Weld County Road 53 and Weld County Road 74 are adequate in classification, width and structural capacity to handle the minimal traffic impact as proposed with this development. The estimated trip count for this development should be approximately 50 TPD. This number is generated using 10 TPD for each individual residential lot. Public Works has indicated that the existing roads can support the expected increase in traffic. Traffic Impact Analysis—Public Works, in a referral response received September 6, 2000, indicated that the developer would not be required to submit a Traffic Impact Study. Storm Drainage—The natural drainage for this site generally flows east to west to the existing barrow ditch along Weld County Road 53. Due to a high point in Weld County Road 53, drainage water then flows both north and south along the County road. (The proposed access of the internal road will be placed at the highpoint of the County road.) The terrain is relatively flat consisting of 0%to 3% slopes. The steeper terrain takes place mid-way on the property. New drainage facilities will consist of minor rerouting of - a_ immediate historical drainage patterns utilizing barrow ditches along with installation of culverts under the proposed road and/or driveways as required. Due to soil types, area of open space and the size of the proposed lots, it is not believed to impact the existing drainage significantly. Slight increase in runoff is expected due to channelization and increased imperviousness due to the new construction. However, the increase would appear to be insignificant. We recommend storm water continue to flow overland to the west utilizing new and existing barrow ditches. Due to the size of the lots, area of the open space, and the expected slight increase in storm water runoff, we do not anticipate the need for additional detention facilities. Standard barrow ditches along the proposed road should be adequate to carry all runoff. MI structures should be raised above surrounding grade a minimum of two (2) feet to prevent flooding due to irrigation and storm water. Utility Provisions—Please see attached letters from Public Service (Electric) and North Weld County Water District (Domestic Water). Qwest (telephone) is in the process of supplying a will serve letter and contract. They have verbally indicated that service is available. We will submit their letter as we receive it. Water Provisions—Please see attached letter from North Weld County Water District. North Weld County Water District shall provide public water for this development. There is an existing water main within Weld County Road 53. This development will be required to tie into this water main and extend it into the subject property to service all lots. Each lot shall have an individual tap. Sewage Disposal Provisions—The Health Department has indicated that and individual on lot septic system will be adequate for the type of use and size of the proposed development. The five residential lots will install individual on lot septic systems per Weld County Health Department regulations and/or specifications. Component Three -Landscaping Elements: Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into native grasses in the attempt to preserve water, yet give the development a mature agricultural and natural look. Cottonwood trees exist within the open space only for esthetic purposes but also as a buffer or natural screening between this development and the uses to the south. We are proposing and entrance sign for this development. A few evergreen trees will be planted at the entrance of the subdivision for esthetic purposes. No treatment for the perimeter is proposed with this development other than what is shown on the Landscape Plan. The "Trail System" is located adjacent to the rear lot lines of the residential lots. This creates a natural buffer between adjacent uses and the residential lots. Landscaping proposed for this development will be virtually maintance free. Native grasses will be used for Open Space ground cover which will require no watering other than Mother Nature. Evergreen trees will be used which also require little to no additional watering once the tree has established itself. As mentioned previously, numerous cottonwood trees exist along the South boundary, which are established and require no additional watering. The developer/landowner will be responsible for the care of the native grasses and trees until such time the Homeowner's Association is in place and can assume the responsibilities of the care and maintenance. Component Four— Site Design: Please revert back to the beginning of this narrative that identifies consistencies and compatibilities as it relates to the Comprehensive Plan and the Existing uses surrounding this development. This development does not fall within an Overlay District as identified by maps officially adopted by Weld County. Component Five—Common Open Space Usage: Approximately 4.7 acres will be private open space for the use of the inhabitants of this development. This area will be private and not available for public use but should be viewed as open space provided to the public to ensure continued agricultural activities and to enhance visual impacts of the development. The open space will be owned and maintained by a Homeowner's Association and will be established before any lots are sold. Component Six- Signage: We are proposing an entrance sign for this development. Please see attached Landscape Plan for location and size. A stop sign along with a street name sign will be erected at the entrance of P.U.D. Component Seven—M.U.D. Impact This proposed P.U.D. does not apply to a M.U.D. Component Eight—Intergovernmental Agreement Impacts: This proposed P.U.D. does not fall within an Intergovernmental Agreement area. _ A _ As always, if you should have any questions, concerns or desire additional information regarding this Planned Unit Development Final Plan submittal, please feel free to call me at(970) 6690516. Steve S ncel-Project Coordinator Intermill Land Surveying, Inc - 7 - Report Date: 05/03/2002 02:43PM WEED COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R8443800 ASSESSED TO: HAMILTON PERCY L II 36244 WELD CO RD 53 EATON, CO 80615 LEGAL DESCRIPTION: PT SW4 33-7-64 LOT B AMD REC EXEMPT RE-2224(.67R) PARCEL: 071133000049 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 167.12 0.00 0.00 167.12 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/03/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0220- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 41.94 AGRICULTURAL L 7,019 2,040 SCHOOL DIST RE2 47.368 96.63 NCW WATER 1.000 2.04 TOTAL 7,019 2,040 NWC WATER 0.000 0.00 GALETON FIRE 2.716 5.54 AIMS JUNIOR COL 6.620 13.50 WELD LIBRARY 3.249 6.63 WEST GREELEY SOIL 0.414 0.84 81.926 167.12 - TAXES FOR 2001 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 W 3 County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. The lien for the current year has attached for property taxes and special assessments, but is not currently due and payable. Signed: Date: 5/,3(C2--. • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MASON VIEW P.U.D. ARTICLE I—PREAMBLE Declarant is the owner of that certain real property situate in Weld County,Colorado,described on Exhibit "A"hereof(the property). The Property has been platted as Mason View P.U.D.simultaneously with this declaration. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants,conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held,transferred,sold,conveyed and occupied subject to the terms,restrictions, limitations,conditions,covenants,obligations, liens,right of ways,and easements which are set fort in the Declaration,all of which shall run with the Property and shall inure to the benefit of,and be binding upon,all patties having and right,title,or interest in the Property or and portion thereof,and such person's heirs,grantees, legal representatives,successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate Zoning,i.e.,number and type of animals allowed on each lot,home occupations,etc. ARTICLE II-DEFINITIONS 2.1 General:The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Association: Shall mean and refer to Mason View P.U.D.Homeowner's Association,a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. 2.3 Common Areas: Shall refer to all real Property or interests therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners,together with and including,but not by way of limitation,the road Mason View Drive,utilities,and utility easements. 2.4 Developer: Shall mean Percy L.Hamilton II,owner of the Property,their successors and assigns. 2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Mason View Drive. Developer shall install a gravel mad according to the specifications of Weld County. The Association shall maintain,repair,and replace the road after the Developer has installed such facility. Developer shall plant non-weed natural vegetation in the right of way adjacent to Mason View Drive. The Association shall maintain and replace non-weed vegetation after the Developer has planted such vegetation and said Association has assumed responsibilities. 2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of the Property described on Exhibit"A"and owned by the"Owner",with the exception of any "Common Area". In the event;however,that an Owner divides a lot into smaller lots by complying with and satisfying the applicable rules,regulations and ordinances of the County of Weld and State of Colorado,each such resulting smaller parcel will then constitute a"Lot"for the purpose of these covenants. 2.7 Road and Utility Easements: Shall mean and refer to the road Mason View Drive and all utility easements presently existing on the Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads"and"Utility Easements"shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot of the Property. 2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a residence for a single family. 2.9 Subdivision: Shall mean and refer to Mason View P.U.D. Other terms may be defined in specific provisions contained in the Declaration and shall have the meaning assigned by each such definition. ARTICLE III—USE AND OTHER RESTRICTIONS 3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof,a garage,or if a garage is not included as a part of the residence,then a separate garage structure shall have identical architectural design and exterior design and appearance consistent with that of the residence accommodated thereby. 3.1.1 Size: The dwelling space of the residence,exclusive of the garage and open porches, shall contain a minimum of 1,500 square feet of finished non-basement living space. The maximum height of the residence and any accessory building is not to exceed thirty (30)feet. 3.1.2 Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted without prior written approval of the Developer. 3.1.3 Exterior Materials: The exteriors of all residences must be wood,masonry,stone. stucco,or material with a stucco-like appearance. Any vinyl or aluminum sided houses must be approved by developer or Homeowner's Association. 32 Accessory Buildings: No more than three(3)accessory buildings in addition to the garage with a maximum square footage of 3,000 sq. ft.total, which are well constructed and neat of appearance,shall be permitted. No buildings with a Quonset type appearance are permitted. 3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting, i.e., barb or barbless wire fencing, wire fencing.natural wood(unpainted),chain link,vinyl,and livestock panels are allowed. 3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors and machinery not being used for maintenance of the lot or other applicable use common on a small rural lot,and unlicensed vehicles of any kind will not be permitted on the lots,except in enclosed storage buildings. 3.5 Right of Way and Easements:The area known as Mason View Drive is Access, Utility, Drainage and Irrigation Easement and is to remain open space;free of buildings,fences,trees,or shrubs. The developer will seed non-weed vegetation in the right of way;and thereafter,the Association will assume responsibility of the maintenance of said right of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Within these easements,no structure,planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association may give the Owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty(30)days of receipt of notice, the Association my have such work done at the expense of the Owner of the lot. If the work is done by the Association at the Owner's expense,the Owner shall pay for such work within ten (10)days after notice is given in writing to the Owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the Owner,all such attomey's fees and costs incurred shall likewise by a debt owed by the Owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this requirement,the Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Maintenance of Individual Sewage Disposal Systems(Septic Systems): Primary and secondary septic absorption field envelopes shall be preserved and/or protected in a manner that will allow for the proper function of said systems. Activities such as landscaping(i.e.,planting of trees and shrubs)and construction(i.e.,auxiliary structures,dirt mounds/berming)are expressly prohibited in the designated absorption field envelopes. It is the responsibity of each individual lot owner to acquire further information regarding the proper care and maintenance of septic system absorption fields. This material and/or information can be found at The Weld County Department of Public Health and Environment. 3.8 Pasturing of Lots: It is not intended that the area around the residential building area is to be used as feed pasture. The area outside of the residential building area is intended for pasture for animal exercise space,riding area and minor supplement to the main food source of bailed hay and commercially produced feed. The pasture shall be divided into a minimum of one(I)acre areas to maintain the ground cover and alternating animal units within each area as vegetation occurs as next specified. Ground cover within one area should be allowed to grow to a height of four(4)to six(6)inches high and not be allowed to be foraged to less than one and one-half inches(1 I/2") high. 3.9 Manure Handling Plan: The individual lot owner shall be responsible for maintaining the property as a healthy environment for both humans and animals. The lot owner may maintain an area to compost manure that would be confined and screened within an area 12 ft.x 12 ft.x 6 ft.high. Disposal of excess manure may be handled communally by the owners of each Lot. It is intended that the owner of each Lot will negotiate with a local farming establishment that may want the waste for agricultural purposes. 3.10 Nuisances: No noxious or offensive activities shall be carried on upon any lot.nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.11 Recreational Vehicles: No trailer,motor home,camper unit,boat of similar recreational vehicle shall be parked on Mason View Drive. 3.12 Private Drives: During construction of private drives to individual lots from Mason View Drive. individual lot owners must permanently install a twelve(15)inch culvert in the drainage ditch directly adjacent to Mason View Drive. 3.13 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department,Division of Wildlife, Galeton Volunteer Fire Department and the Weld County Planning Department. 3.14 Oilfield Production: If Oil/gas production facilities become present within said Subdivision, oil/gas vehicles have the right to access their production facilities within the subdivision without interference by lot owners. 3.15 Right to Farm Covenant: Weld county is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment;dust from animal pens,fields work,harvest,and gravel roads;odor from animal confinement,silage,and manure;smoke from ditch burning;flies and mosquitoes;the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditched and reservoirs cannot simply be moved "out of the way"of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size(twice the size of the state of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for the public works or may be the private responsibility of the homeowners. Services in rural areas,in many cases,will not be equivalent to municipal services. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations,high speed traffic,sand burs, puncture vines,territorial farm dogs,and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ARTICLE IV—THE ASSOCIATION 4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and administered by the Article of Incorporation and Bylaws of the Mason View P.U.D. Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association. the terms of this Declaration shall be controlling. 4.2 Membership: Each owner of a lot, upon becoming an owner,shall be a member of the Association and shall remain a member for the period of his ownership. If more than one person has an ownership interest in a lot,each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Boolcs by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will, upon request be entitled to: (A): Inspect the books and records of the Association, (B):Receive an annual financial statement of the Association after the end of each calendar year, (C):And written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration,and to govern,manage,maintain,repair,administer, and regulate Mason View P.U.D.and to perform all of the duties required of it. Not with standing • the above,the Association shall not be empowered or entitled to use hazard insurance proceeds for loss to the common areas improvements for other than repair,replacement,or reconstruction of such improvement. 4.5 Association Responsibilities: The maintenance and operation of Mason View Drive and all common areas shall be the responsibility and the expense of the Association,and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the gravel road, Mason View Drive,and shall initially seed the areas disturbed by construction of said Mason View Drive;thereafter,the costs of maintaining,repairing,and replacing the right of way area and the roadway of Mason View Drive shall be borne by the Association. 4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner,by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted,an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 4.7 Bases Upon Budget: Assessments shall be based upon the budget,which shall be established by the Broad of Directors at least annually,which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance,repair,operation,additions,alterations and improvements of and to Mason View Drive and the common open space as well as Landscaped areas,which sum may include,but not be limited to,expenses of management;taxes and special assessments unless separately assessed;premiums for insurance;repairs and renovations;wages: 4.1 water charges; legal and accounting fees;expenses and liabilities incurred by the Association or nay of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for nay deficit remaining from a previous reserve,working capital and sinking funds as well as other costs and expenses relating to Mason View Drive and the common areas,which shall be funded by the regular annual or monthly payments rather than special assessments. 4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charge or charges due to misconduct that are not paid when due;said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 4.9 Assessments: The amount of the common expenses and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty(60) days from the due date for payment thereof. In the event of default in the payment of an assessment,the lot owners shall be obligated to pay interest at the rate of eighteen percent(18%) per annum on the amount of the assessment from due date thereof,together with all expenses, including attorney's fees, incurred together with such late charges as are provided by the Bylaws or rules of the Association. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing the lien described below and such suit shall not be,or construed to be,a waiver of lien. 4.10 Creation of Lien and Foreclosure: All assessments together with any special assessment or other fee,cost or charges which and Owner is obligated to pay,shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment,such amount,and any subsequently acquiring unpaid assessments,together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount,together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity,and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness,the amount of the acquired interest lien shall be signed by one of the officers of the Association on behalf of the Association and may,but is not required to,be recorded in the office of the County Clerk and Recorder of Weld County,Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums,with interest and other charges thereon,shall have been paid in full. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings,the owner shall be required to pay the costs,expenses,and attorney's fees incurred for filling the lien,and in the event of foreclosure proceedings,all additional costs,all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure. and the Association shall be entitled to receiver during foreclosure,and the Association on behalf of the member owners,shall have the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease,mortgage,vote the votes appurtenant to,convey or otherwise deal with the same upon acquiring title to such lot. 4.11 Liability Upon Transfer: My owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot,as of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The Owner transferring,and the purchaser of the transferred lot,shall be jointly liable for payment of all assessments and any related interest,costs and attorney's fees attributable to the lot acquired through the date of such recordation,and the lien for recovery of the same shall remain in force against such lot. 4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration,in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same,any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee,shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31, 2001,whichever occurs first,the Declarant may appoint and remove the officers and members of the Board of the Association. ARTICLE V—GENERAL PROVISIONS 5.1 Durations: Subject to the provisions of Section 5.3 of this Article,this Declaration shall remain in full force and effect,shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivisions for a period of twenty(20)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten(10)years unless an instrument signed by the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 5 2 Amendments: This Declaration,or any portion thereof,may be amended or revoked at any time by an instrument in writing signed by the owners of at least sixty-six percent(66%)of the lots in the Subdivision and one hundred percent(100%)of the holders of recorded mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the state of Colorado,or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Declarants in writing. 5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity,enforcement or effect of the remainder of this Declaration and, in such event,all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same,regardless of the number of violations or breaches which may occur. 5.6 Captions: The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders,and the use of the singular shall be deemed to refer to the plural, and vise versa,when the context so requires. 5.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States Mail,sufficient postage prepaid,to the latest address given by such member to the Secretary of the Association. In such event,notice shall be deemed effective three(3)days after such deposit into the United States mail. Notices may also be given by certified or registered mail,or by hand delivery. If hand delivered,notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail,notice shall be deemed effective three(3)days after deposit into the United States mail,sufficient postage prepaid. IN WITNESS WHEREOF,the undersigned being Owner(s)or Mortgagee(s)of lots in Mason View P.U.D. executed this Declaration the date and year indicated below. By: Percy L. Hamilton H,Owner By: Nola L.Hamilton,Owner State of Colorado) )SS County of Weld ) The foregoing Declaration of Covenants,Conditions and Restrictions for Mason View P.U.D. Acknowledged before me this day of ,20 ,by Percy L. Hamilton II and Nola L. Hamilton. Witness my hand and official seal. My commission expires: Notary Public IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of 20 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, is hereinafter called "Applicant." hereinafter called"County„ and 'Percy 1�a..N�14 on WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: • Uc, 1 - i3 � Awlcndul Rw c, €t � 4 %RY'^4on �t. 222O , hlh 4t 1✓' 1i0%AWN)QM' 14.) t'4 oQ c2e c l-;on 2,31, To X51. � 1 N(Irvin) tome je. 1/404 W"`A4- oC l0 IA" p . , Co w' of y ltld , ‘21/20A4. ocr Gold+-ado• WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be latownas 1410.470/1 Vic. 'PU•D. has been submitted to the County for approval, and WHEREAS,relevant Weld County Ordinances provide that no Subdivision Final Plat,PlannedUnit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final Nat,Planned Unit Development Final Plat, or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Enaineerine Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. Revised WM 1 MnWPeussns.ee eennrwvare 1.3 Applicant shall furnish drawings and c ost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners, at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. Rated 03100 2, M:\WPPILGS'ApeemaMPRIVATE 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an approval of said portions. 6 County may,at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. Revised 03/00 3 M:\WPPILP.SW6rN+nncWPR1VATE 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to fmal approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A" and"B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to fmal approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits"A" and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. n a..+.w 03/00 �F N:\WPFILES A0t..+nnMPW V ATE 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred perc ent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. Revised 03/00 MAWPFILPSNIreana\APRIVATR 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the projector aportion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation (CDOT) Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. Revisal 0.1/00 6 MAWPPILESAgnen"&APR1VATC 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Ordinance,may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the requited acreage as determined according to the Weld County Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. Revisal avow 7 M:\WPPQ.ESlA6ra+ ttA2RWAT6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: 111_LE: Subscribed and sworn to before me this day of , 20 . My Commission expires: Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO M. J. Geile, Chair Glenn Vaad, Chair Pro-Tern ATTEST: David E. Long Weld County Clerk to the Board Robert D.Masden BY: Deputy Clerk to the Board William H.Jerke APPROVED AS TO FORM: County Attorney Revised 03100 M:\WPPILES AgseemEUPRrvATE EXHIBIT"A" Name of Subdivision or Planned Unit Development: Mmyo.-i VttJi ? 3.b. Filing: OM Location: S,}oo.L i,-.. a4—t. S1+f1'/1 50-;on 33-7-ln4 v,lttd Coo4f , CoIarv.do . Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Site grading Street grading II too y * 10 9100. Street base (4") Y lo.00 W * 4,544.00 Street paving Curbs. gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains (includes bore) (to") * 15.00 Le S 17,4 150 00 Fire hydrants (LC M 2500.0o Eon n N 5 000 . 00 Survey and street monuments and boxes ?h0o.t L.o..Q $ 7M 0o.. 00 Street lighting Street name signs ( 1) iA' ?fit.00 20.tin $ 250 . 00 Fencing requirements • Landscaping * 2000.00 L.iwl S 2000. 00 Park improvements Road culvert 91 30.00 1,V• I 14"110 .00 Grass lined swale (f4-yu,d.no)') i 0.05 ',e S 1100 00 Telephone ?600•Q9 63,1> $ 1.500 .Oo Gas Electric S 'loon. 00 1.) 1000. 00 Water transfer 5315511 .00 SUB-TOTAL: Engineering and Supervision Costs $ 2500.00 (Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ SO)) 054 .00 Revised oamo 9 N:lWPFI1.EA4grenaatAERIVATE The above improvements shall be constructed in accordance with all Countyrequirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: Applicant Applicant Date: , 10 Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) RerbM O3IOO 1 M:\WPFILES\AgneannMFRIVATE EXHIBIT"B" Name of Subdivision or Planned Unit Development: \o o,n v (AL) V.U.D. Filing: i. U A Location: 6211-43..\-t tAl1'Ala /AAA-)on 31 -1- Vy u!ad Coady Co o4--etio Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading A 4 'toot Street base A.11.)49 j I hes'-k w'bt,t 'toot Street paving + Curbs. gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains (A 4ke461.0 07. Fire hydrants 1401,Survey and street monuments and boxes ` • Street lighting Street name signs `i` '"'^1ere- tun. Fencing requirements Landsca in Park improvements Road culvert c3` C - Zoc7. Grass lined swale Telephone Lie e., e / 0 o "LO$L Gas Electric Lie + f D o ZOet Water Transfer SUB-TOTAL: Ci,.ipl,. 0ul-obei J NQVtmb,‹- i oZ 1 1 Revised woo .t:1W PPILES\A4reemetWPR!VATE The County, at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant Date: , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) t Hewed 03/00 17 M:IWPFILESUeeeemmUPRIVATE EATON SCI:1OC, DISTRICT RE-2 John J. Nuspl 200 Park Avenue Superintendent Eaton.Colorado 80615 (970)454-3402 (970)454-5193 Fax January 31, 2001 Mr. Percy Hamilton 36244 WCR 53 Eaton, CO 80615 Dear Mr. Hamilton: This letter is to confirm our understanding as to how your planned unit development will affect the Eaton School District Re-2. As per our response to the Weld County Planning Department, the District has established a formula to calculate a land or cash amount in lieu of land dedication to be paid to the District. The amount due for this development is $3,405.00 or$681.00 per lot as shown in the attached calculation. The amount will need to be remitted to the District within one week of the date each lot is sold. If you are in agreement please sign in the space provided below and return a copy to me. Thank you for your cooperation in this and please let me know if you have any questions. Sincmrely, 1 A Timothy Unrein Business Services Director Enc. Acknowledgement: I agree to the terms and amounts referred to above. Pb ame Date February 6, 2001 To: Doug Stolte Cecil Farms Recently. it has become a concern that the underground irrigation line, which is going through the proposed Mason View Dr.,PUD, is a scheduled 40 pipe. It is not strong enough to support the proposal driveway. My plan is to replace a 40 foot section on lots 4 and 5 with a scheduled 120 pipe. With this replacement.there should be no concern of the pipe collapsing. Please note the attached copy of the subdivision plan. incerely. L ! � tc � a V Ea a� oa WC C O O a ° ` c 0 N in to • (O N o v£ 00 W P =` C = C W O 4 e� N, Q. J II! LL __ z y iii r _ _ a 0 • O Ji c 'etZ N V# wk 0 o " O n .. %f) o ° ' N Q 41 m C al 6 0 a `, lQ. op 11 W.C.R. No. 53 T I0 39Cd AAaS UNV1 T1IWNBINI SLL6SE90L6 9S:80 000Z/Z0/E0 47. 4!)** ` GALETON VOLUNTEER FIRE DEPT P.O. BOX 697 GALETON, COLORADO 80622 1713111- re,11- 921.7 01- fAri Add � , Z ,1, 1 p mom- , ate- JLe u a1 A r- efer Ro;er f/i fl & dn •22aA.J 644:1-1 . C V O d N� O C W3 T ° Y T9 M n . �fl o cO tit Uri pH � U 0 it L La_._ r - - z a J 0 i Y�er cr) o M 3 c $ .v CD o ,", CO (-) NY O a C ° 3W • C < U N O p n n n 0 g o W.C.R. No. 53 T i0 30Vd M21S GNV1 11It31NI SLL6SE90L6 99:80 0002/Z0/E0 rim Weld County Planning Department GREELEY OFFICE rat �, MAY 9 2002 ' RECEIVED Weld County Referral WI I PC. May 6, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Percy Hamilton Case Number PF-1005 Please Reply By May 28, 2002 Planner Sheri Lockman Project PUD Final Plan for five (5) residential lots and 4.7 acres of Common Open Space Legal Lot B of AmRE-2224, being part of the SW4 of Section 33, T7N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 53; 1/4 mile north of WCR 74 Parcel Number 0711 33 300A44' ot4 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Department Design Review Meeting: O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan J� We have reviewed the request and find no conflicts with our interests.C.-E (r-C. ❑ See attached letter. Comments: Signature �� Date J - l Agency \ �t(l� Cr 14Pk- +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 6 Kit ce Weld County Referral • May 6, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: • Applicant Percy Hamilton Case Number PF-1005 Please Reply By May 28, 2002 Planner Sheri Lockman Project PUD Final Plan for five (5) residential lots and 4.7 acres of Common Open Space Legal Lot B of AmRE-2224, being part of the SW4 of Section 33, T7N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 53; 1/4 mile north of WCR 74 Parcel Number 0711 33 300044 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: 01/4( tiGrl f t A7 t•s\c\ iirm. ofs 6 Fi 4c ), rn rnk\ WC.n& U tti Signature Date "%--0 Z, Agency bitAlrv (ern) Pi :•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax SHERI Lockman - Re: PF-1005 e Page 1 From: Peter Schei To: Lockman, SHERI Date: 6/17/02 8:25AM Subject: Re: PF-1005 Good morning, Sheri. The STOP sign and STREET NAME sign must be noted on the final road plan and profile, prior to recording the final plat. A manhole needs to be placed at the intersection of the culvert tee where Mason View Road and WCR 53 meet. This must be noted on the final waterline plan, prior to recording the final plat. Public Works is NOT requiring a bus shelter. The proposed bus shelter must be set back-outside the sight distance triangle. This must be noted on the final road plan and profile, prior to recording the final plat. I hope this clarifies our comments. Sheri, we usually summarize our items in the Conditions of Approval, which are taken from our Comments listed above in our reviews. Sorry about the confusion. Peter. >>> SHERI Lockman 06/14/2002 3:23:12 PM >>> I have been working on Mason View PUD comments. I noticed that you have requested a stop sign, bus shelter and manhole prior to recording the plat. I think you intended for the plat to identify them prior to recording and that they be in place prior to construction. If this is incorrect let me know. Weld County Planning Department jceQ GREELEY OFFICE MEMORANDUM JUN 1 4 2002 RECEIVED ITO: Sheri Lockman, Planner DATE: 11 June 2002 Vn COLORADO FROM: Drew Scheltinga, RE., Engineering Manager b1 4 SUBJECT: PF-1005, Mason View PUD (Final Plat) The Weld County Public Works Department has reviewed this final plat request. Comments made during this phase of the subdivision process may not be all-inclusive,as other concerns or issues may arise during the remaining application process. COMMENTS: ❑ A stop sign and street name sign will be required at the intersection of Mason View Drive and WCR 53. These signs shall be identified on the final Road Plan and Profile. ❑ Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 3'/2 feet in height at maturity, and noted on the Landscape Plan. The random ruble wall and student bus shelter shall be set back outside the sight distance triangle. A manhole shall be placed at the culvert tee where Mason View Road and WCR 53 intersect. U The bus lane pullout will require an additional fifteen(15) feet of right-of-way and be dedicated on the final plat. RECOMMENDATION: We recommend approval of this final plat application. The following Conditions of Approval shall be fulfilled prior to recording the final plat. Conditions of Approval: I. A stop sign and street name sign will be required at the intersection of Mason View Drive and WCR 53. 2. Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 3 IA feet in height at maturity, and noted on the Landscape Plan. The random ruble wall and student bus shelter shall be set back outside the sight distance triangle. 3. A manhole shall be placed at the culvert tee where Mason View Road and WCR 53 intersect. 4. The bus lane pullout will require an additional fifteen(15)feet of right-of-way and be dedicated on the final plat. 5. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral For Improvements (Private Road Maintenance). This agreement shall be approved by the BOCC prior to recording the final plat. pc: PF-1005 Intermill Land Surveying Messner Engineering Percy Hamilton M:\—Petc'Planning Review\I-Final Plal\PF-1005 Moon View PUD(Final Plat)wpd Page 2 11June02 '��► MEMORANDUM TO: Sheri Lockman, W.C. Planning DATE: May 29, 2002 COLORADO FROM: Pam Smith, W.C. Department of Public Health and tic- Environment CASE NO.: PF-1005 NAME: Percy Hamilton/Mason View PUD The Weld County Department of Public Health and Environment has reviewed this proposal. The application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. Water is proposed to be provided by the North Weld County Water District. A water service agreement from North Weld County Water District has been provided in the application materials. Sewer will be provided by individual sewage disposal systems. The minimum proposed lot size of 4.72 acres coupled with the overall density of one system per 6 acres meets the current Department policy. A review of the Board of County Commissioner Change of Zone resolution finds that all the required plat notes were placed on the plat at that time. However,recommendations 1-7(listed below)were omitted from the Final Plat notes. The Department recommends that these conditions be placed on the Final Plat as notes prior to recording. The Department recommends approval with the following conditions: 1. Water service shall be obtained from the North Weld County Water District. 2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions,including but notI nited to maximum seasonal high groundwater,poor soils, and shallow bedrock. 3. Language for the preservation and/or protection of the second absorption field envelope shall be placed in the development covenants. The covenants shall state that activities such as landscaping(i.e. planting of trees and shrubs)and construction(i.e.auxiliary structures,dirt mounds,etc.) are expressly prohibited in the designated absorption field site. 4. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment,if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 5. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 6. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 7. If land development creates more than a 25 acre contiguous disturbance,or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice,and apply for a permit from the Colorado Department of Public Health and Environment 8. 'Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\PLANNING\CHZONE\PF1005.RTF ::::::..:....:.:........... :.:::::::v::. }:;:{..;.} ..:v.:;is}�iy:r+rv:.r.:•. •... ..... .d'r{:f}::i:iii:•i:S:i. '{'F.::ii4: }i.:ii ii}.}:.:>ij i ?:; :.�:.�:.�:.�.:::.�::::.�::: :}}:Si.�.y};S.J•:•:S:S .}}..:..:::.:...fi:S......:........:. :'S:'i: �::i is iii:}�;::.::i:j•J•%?4i; LSy;i}{JJi�JJ+}'::: .......... 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Location East of and adjacent to WCR 53; 1/4 mile north of WCR 74 Parcel Number 0711 33 300044 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Department Design Review Meeting: ❑ Whave reviewed the request and find that it does/does not comply with our Comprehensive Plan "e e have reviewed the request and find no conflicts with our interests. • See attached letter. Comments: Signature /_ ) ' // Date 7nCk y gt I, �v Agency `�t C� p SLAM, IC Tt - •Weld County Planning Dept. •:41555 N. 17th Ave.Greeley,CO.8063! :'(('9.770)))33553--6100 ext.3540 :•(970)304-6498 lax a DEPARTMENT OF BUILDING INSPECTION rs Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 111k COLORADO May 21, 2002 Percy Hamilton PUD Final Plat for five (5) residential lots and 4.7 acres of Common Open Space. PF-1005 1. Building permits shall be obtained prior to the construction of any building. Building permits are also required for signs. 2. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. A Flood Hazard Development Plan shall be submitted for buildings constructed within the 100-year flood plain. Service,Teamwork, Integrity,Quality Page 2 Please contact me for any further information regarding this project. Sincerely, oe� Jeff Reif Building Official Service,Teamwork, Integrity,Quality MASON VIEW PUD (PRELIMINARY ADDRESSING) PT SW4 33-7-64 ZONED PUD/ Lot 1 36394 Mason View Road Lot 2 36388 Mason View Road Lot 3 36382 Mason View Road Lot 4 36376 Mason View Road Lot 5 36370 Mason View Road � 5 �I62 1 t\91, - c•- r. 1 \ o le rt.\ COMMITMENT FOR TITLE INSURANCE UNITED GENERAL TITLE INSURANCE COMPANY United General Title Insurance Company, a Colorado Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereto. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault of the Company. In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this instrument, including Commitment, Conditions and Stipulations attached, to become valid when Schedule A and Schedule B have been attached hereto. UNITED GENERAL TITLE INSURANCE COMPANY cca.H99:‘Itcw...r+ i'GPNER.. President < Secretary P Countersigned Issued By: Authorized Officer or Agent WELD COUNTY TITLE COMPANY 1221 Sth Avenue,Greeley,CO 80631 (970)356-3232—Metro(303)623-3232 This policy valid only if Schedules A and B are attached. ALTA Commitment- 1966 UGT Form No. 150A(3/21/01) CONDITIONS AND STIPULATIONS 1. The term "mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area or content, party walls and/or other facts which a correct survey and/or a physical inspection of the premises would disclose. 4. Rights or claims of parties in possession not shown in the public records. 5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy shall contain an additional exception which shall read as follows: Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the Insured (and payment of the proper charges therefore), the Company's agent or approved attorney will search the public records subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the insured. COMMITMENT FOR TITLE INSURANCE * * • * * SCHEDULE A 1. Effective Date: JANUARY 14, 2002 @ 7:00 A.M. RE: Our Order No. : UW62204 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ TO BE AGREED UPON Proposed Insured: TO BE AGREED UPON B., ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: PERCY L. HAMILTON II 4 . The land referred to in this Commitment is described as follows: LOT B, AMENDED RECORDED EXEMPTION NO. 0711-33-3-AMRE2224, BEING A PART OF THE SW 1/4 OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, PER MAP RECORDED OCTOBER 7, 1999 AS RECEPTION NO. 2725167 . COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 1 RE: Our Order No. : UW62204 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument (s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: NONE - 2 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : UW62204 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; (b) Standard and Special Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales . 6. Taxes for the year 2002, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs . 8. Right of way for county road and incidental purposes 30 feet wide on either side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 9. Terms, conditions and provisions of Communication Systems Right of Way and Easement, between Percy L. Hamilton, II and Nola L. Hamilton and Sprint Communications Company L.P. , a Delaware limited partnership, recorded February 25, 1999 as Reception No. 2575563 . 10 . Items as disclosed on map of Mason View P.U.D. Zone Change recorded December 27, 2001 as Reception No. 2911990: a) Right to Farm Covenant b) Plat Notes c) Easements and rights of way CONTINUED NEXT PAGE - 3 - • • B-2 CONTINUED UW62204 11. Reservation as contained in Patent recorded February 2, 1903 in Book 201 at Page 401, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. 12 . Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded MAY 7, 1907 in BOOK 233 at PAGE 90 : (1) All coal, and other minerals, within or underlying said lands; (2) The exclusive right to prospect in or upon said land for coal and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all coal and other minerals which may be found thereon by anyone; (3) The right of ingress and regress upon said land to prospect for, mine and remove any and all such coal and other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads and approaches thereto or for removal therefrom of coal, minerals, machinery, or other material; (4) The right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad; and any interests therein, assignments or conveyances thereof. 13 . Terms, conditions and provisions of Surface Use Agreement, between RME Petroleum Company, RME Land Corp. , and Percy L. and Nola L. Hamilton recorded SEPTEMBER 28, 2001 as RECEPTION NO. 2887690 . 14 . Water rights, claims or title to water, whether or not shown by the public records . Note: Colorado Revised Statutes 10-11-123 requires the following notice: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner' s permission. - 4 - United General Title Insurance Company and WELD COUNTY TITLE COMPANY (Agent's Name and Address) Privacy Policy Notice as of May 31, 2001 PURPOSE OF THIS NOTICE United General Title Insurance Company("United General")and the above named Agent(the'Agent")share your concerns about privacy. Each Company is committed to respecting the privacy of our policyholders. Therefore, in accordance with Federal and State laws and regulations,we are providing you with this notice of how we might use the information about you which we gather in the process of issuing our policy of title insurance. Title V of the Gramm-Leach-Bliley Act(GLBA)and the laws of the State in which you reside generally prohibit us from sharing nonpublic personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the type of information that we collect about you and the categories of persons or entities to whom that information may be disclosed. In compliance with the GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies and practices of United General and the Agent. OUR PRIVACY POLICIES AND PRACTICES Information we collect and sources from which we collect it: We do not collect any nonpublic personal information about you other than the following: Information we receive from you or from your attorney or other representatives on applications or other forms; Information about your transactions with us,our affiliates or our agents. In addition, we may collect other nonpublic personal information about you from individuals and companies other than those proposed for coverage. Unless it is specifically stated otherwise in an amended Privacy Policy Notice,no additional information will be collected about you. II. Information we disclose to third parties: In the course of our general business practices, we may disclose the information that we collect(as described above) about you or others without your permission to the following types of institutions for the reasons described: To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that party to perform a business,professional or insurance function for us; To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction; To an insurance institution, agent, or credit reporting agency for either this Company or the entity to whom we disclose the information to perform a function in connection with an insurance transaction involving you; To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud,or if we believe that you have conducted illegal activities; To an actuarial or research organization for the purpose of conducting actuarial or research studies. The disclosures described above are permitted by law. Privacy Notice UGT Form No. 113(6/12/01) WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH AFFILIATES OR NON-AFFILIATED THIRD PARTIES FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. III. Your right to access and amend your personal information: You have the tight to request access to the personal information that we record about you. Your right includes the right to know the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such information within 2 years prior to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a reasonable fee to cover our costs). Your right also includes the right to request corrections,amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: To obtain access to your information from United General: You should submit a request in writing to United General Title Insurance Company,Attention: National Risk Department, P.O. Box 1680, Denver, CO 80201. The request should include your name, address, policy number, telephone number, and the information to which you would like access. The request should state whether you would like access in person or a copy of the information sent to you by mail.Upon receipt of your request,we will contact you within 30 business days to arrange providing you with access in person or the copies that you have requested. To obtain access to your information from the above named Agent: You should submit your written request including the specified information to the address stated at the top of page 1. The request should include the same information mentioned above for requests to United General. To correct,amend, or delete any of your information: You should submit a request in writing to the address referenced directly above. The request should include your name, address, policy number, telephone number, the specific information in dispute, and the identity of the document or record that contains the disputed information. Upon receipt of your request,we will contact you within 30 business days to notify you either that we have made the correction,amendment or deletion,or that we refuse to do so and the reasons for the refusal which you will have an opportunity to challenge. IV. Our practices regarding information confidentiality arid-security: We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. V. Our policy regarding dispute resolution: Any controversy or claim arising out of or relating to our privacy policy,or the breach thereof,shall be settled by arbitration in accordance with the rules of tha American Arbitration Association,and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. VI. Reservation of the right to disclose information in unforeseen circumstances: In connection with the potential sale or transfer of its interests, United General and Agent and their respective affiliates reserve the right to sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and country of residency and other information that you provide through other communications) to a third party entity that (1) concentrates its business in a similar practice or service; (2)agrees to be a successor in interest of United General or the Agent with regard to the maintenance and protection of the information collected;and(3)agrees to the obligations of this privacy statement. Privacy Notice UGT Form No. 113(6/12/01) V ]]��o 0 J/ Filed for record on this 3Oth day of Januarys* D. 1903, at 4:55 o'clock P. M. - / / )/ C. 1:. R. Adams Recorder.-C / Ale Vetecw&tit fie t wets€&Y t O$StrAtra#8&<4 &L4vk ghBhSk&'C&Seteent $P4teSnet#elt& fav,,a Ces-.....a...v.WL <1a. 4::°Q. PATENT NO. 52. ?tc. 6939 r- xf i 9' 03 UNION PACIFIC (Sue. to Den. Pee. ) RAILROAD LANDS. PRIMARY LIMITS. DENVER LAND DISTRICT, COLORADO. - UNITED STATES: OP AMERICA. To all to whom these presents shall come, GREETING: Whereas, by the Act of Congress, approved July 1, 1862, as amended by the Acts of July .; 2, 1864, and March 3, 1869, "to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal military and other purposes,' Cauthoritypis given to the Denver Pacific Railway and �� t �rr Telegraph Clmstpipnder certain conditions and stipulations as expressed in said Acts, and pro- vision is made for Granting to the said Company, every alternate section of public land desii noted by oddnumbers to the amount, of ten alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of twenty miles on each side of said road, not sold, reserved or otherwise disposed of by the United States, and to which a pre- emption or homestead claim may not have attached at the time the line of said road is defiaa itely fixed, 'and Whereas, an official statement has been filed in the General Land Office, showing that the Commissioners appointed by the President under the provisions of the aforesaid acts,have reported to the Secretary of the Interior, that said Railway and Telegraph Line has bean.ece plated and equipped in the manner prescribed by said Acts, from Denver City, Colorado, te. Cheyenne, Wyoding, a distance of one hundred and six miles, and that the same has been accept ea by the President, c.ad ?> Whereas, it is shown by evidenetfiled with the 3eoretary of the' Interior, that the` Y �At '�q ' q V3 . , dredths of an acre. Township Six, Range Sixty-four. All of section one containing six hundred and forty acres and eighty-eight hundredths of an acre. All of section three containing six hundred and thirty-eight acres and eighty hundredths of an acre. All of section eleven containing six hundred and forty acres. The South west quarter and the East half of section twenty-three containing four hundred end eighty acres. All of section thirty-five containing six hundred and forty acres. Township Seven, Range Sixty-four. All of section one containing six hundred and thirty-nine acres end eighty-four hundred- ths of an acre. All of section three containing six hundred and forty-one acres and twenty- five hundredths of an acre: All of section five containing six hundred and thirty-six acres and forty-eight hundredths of an acre. All of section seven containing six hundred and seven- teen acres and twenty-six hundredths of an acre. All of section nine containing six hundred and forty acres. All. of section eleven containing six hundred and forty acres. All of sec- tion thirteen containing sit hundred and forty acres. All of section fifteen containing six hundred and forty acres. All of section seventeen containing six hundred and forty acres. All of section nineteen containing six hundred and fourteen acres and seventy-eight hundredth9 of an acre. All of section twenty-one containing six hundred forty acres. All Of sec- cuL4 .Ltz.w ur ry- e.wta.:...l-.,1 4A-A0- a,.A Intel OAAt .' tion twenty-three containing six hundred and forty acres.4 All of section twenty-seven con- taining six hundred and forty acres. All of section twenty-nine containing six hundred and forty acres. :.11 of section thirty-three containing six hundred and forty acres. All of section thirty-five containing six hundred and forty acres. Township Nine, Range Sixty-four. All of section three containing six hundred and forty acres. All of section five con- taining six hundred and thirty-three acres and ninety-six hundredths of an acre. All of section seven containing six hundred and forty-seven acres end forty-two hundredths of an acre. All of section nine containing six hundred and forty acres. All of section fifteen containing six hundred and forty acres. All of section seventeen containing six hundred and forty acres. All of section nineteen containing six hundred and forty-three acres and twenty six hundredths of an acre. All of section twenty-one containing six hundred and forty acres. Al? of section twenty-three containing six hundred and forty acres. All of section twenty- five containing six hundred and forty acres. All of section twenty-seven containing six hun- dred and forty acres. All of section thirty-one containing six hundred and forty acres and nine hundredths of Ws acre. All of section thirty-three containing six hundred and forty acres. All of section thirty-five containing six hundred and forty aores. Tnnah{n Tan Daneo S4ety—fnur. and eighty acres. The East half of section thirty-three containing three hundred and twenty acres. All of section thirty-five containing six hundred and forty acres. Now Know Ye that the United States of America in consideration of the premises, and r , p.trsuant to the said Acts of Congress, Have Given and Granted and by these presents Do Give and Grant unto the said 'Union Pacific Railroad Company' formerly the Deaver Pacific Railway and Telegraph Company, and to its successors, the tracts of land listed as aforesaid ex and /�de- scribed in the 'foregoing: yet excluding and excepting from the transfer by these preseat(► 'Alt Mineral Lands", should any. such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the Statute,"shall not be constru- ed to include coal and iron" lands To Have and to Hold the said tracts, with the appurtenances unto the said "Union Pacif- ' is Railroad Company", and to its successors and-assigns forever, with the exclusion and ex- ception'aforesaid. In testimony whereof, I Theodore Roosevelt, President of the United States of America, have caused these letters to be made patent and the Seal of the General Land Office to be hereunto affixed. 'liven under my hand at the City of Washington, this the sixteenth day of January in the year of our Lord one thousand nine hundred and three and of A the Independence of the United States the One hundred and twenty-seventh 1 By the President: T. Roosevelt. P. M. McKean Secretary. C. H. Brush Recorder of the General Land Office. Recorded in VOL 31 Pages 109 to 130 inc. No. 89141. CafeWIC- Filed for record in so'far as relates to Lapd. in Weld Cpunty,on this 2nd..day.of February A.D. 1903, at 9"° o'clock A. M. W. R. Adams Recorder. • . ., }� •..,•cal��,a...�++wt-. _ i:.n�y L,r_.. /1,..t�„_ Y ■ ' .• eo 3 �._ i.f..¢�'1IOACIFICRAROAD COMPANY. p.m 1.............4.6,........................-. 1 'know AST torn t, tt>cse pecsentllf Tset U$1Ost PACi1 tC IlAttettoAD C01fPANV,•taro:yen ix[king under end bp whined the Idae of the Role q `a" GanQ.....GL!d.e!a..de.. ... _.__...._..,................,.-,...._.flMlen, fitseldtg41,-_-Ad•2414•a:•6;4.,,.�.."� : .1 Vl.h,IN ..n.ldrntl I MtM film eI_.l%�Je wlnel 1, y Rralll,hmeeln+mu to it meld,tn. lot of It,,I k•why,to�R�newl«In•d,&ht Mlhiael btwaser 10 the 6 ceptleas,naenratlene find eohrtltlona haeeos hoe wrlUene dread �•- nut coin into.w_.._.....,ekde5(fcut,44--aedLo,` ,._....,(c.__....-_ ..._.,...,...,..-...- i . of the County of /dui•` in the:tate of -.•�TL'(r•�P..ret.w_l.n-..___._.1111 fdliowlep deaetibed real Welt,Plate,lylug end blind lb the Cellely et • • � (fi.J.i and In the Stara of_�n+t a�-� '-'- • --- 'Marti: --+ f -�—4/ rp. 311 -,,.le Tewnaklp Na..lLtaCtalr:---- -Noels of Range No,- fry-}.Y�GC4 v..44:/.).-.........----Writ of the!lath I'dMlpnl t 'fit of Seaton No=.-.+a /�T). r� ,_`7 O -,______-.err.,more or loss. . L ar.r.,.,,an..rn�,A,.nL. refi .G.e44. ..,.__._.._._•___._•._-_ l g ➢tcrldlnn,cantolnlnR.fitY01dia1S N the United tlelee mercy Iberenf.„. .La .er hvwerer.to. ighl•el way Cl lowhl width for any amt all coy road,heretofore...MIN led a open noel acmes the promiau Mrein deraerlhe,l_s-- - rat ,.it.auttcsit,,end aalgn.: - CaaeeRnp■M Raeenln!ro aid broke tarter Railrwd Pomp 7 ..J°,��_ -AH..._...••wet amt other wIRN..wlhla or underiend said tats... E ..fiKat!�The esdulee right a OtoaOeR la and upon aid lend Inr._,e.-.-.ro•1 and ether nl6ren6 therein,or wlJdi may he aupi+e•�l to Le therein,an IA elltM hit A r Iron.ala haled,ell..,»..._east en ether minerals which city he found thereon ley anyone. rw.t or other minerals,nest the right to .l a 7C a� S;y,,c.. The right of iarren,a re/a and fetreul upon mid lanes to proopeet for,mine and remove any and nil noel,_.,._ i1 ore no mach of acid land a any be maeenieal nr nee ..c. ry for eh. rigll•nl-way to end from nett.pro.pect place..or mine.,wed In,tile eonawnfant and proper operation j .I of.n h pr t lam..Inlets.mod far awls anti" n lee thereto or for mineral therefrom ol._.,...epol,mineral.machinery or other materiel. c t ac nod to make m. .hen he the inyJ�The right to.aid Union recite Rail raatl Company to mehdoln and Operate its tnllf0ad lo lea present loan of construction, y Re _-.—_..__-- _,, 0 a on term of eawuclinn fir method e(eperrtiw of.fill eniln.ad_._.._.__�._..- ••„- •----•--- i _._.._.T_..._.._.--_nd....._..._.._ i r e Nara sad to N.Id,ode pet to the acid etcenikna,rtsenMlmta NtnL.._... :._,.:::case..-er+.-......_..............ewulillont,the told premises with ail the rights end r e k amen. nem thercunt0 htIORRing,vote the iirne,_...�.� „!a' aoe�---.---•-,-•^'-•^---^^--set it t'-•_._... Rantec...it r/.b_._._._heire and 6 • a•wien.foram.end the cold(Mime teethe Itallron,Coe nth dote hereby covens eel with the aid grantee that at the making of this thtt e l cant U I,l well.cited of the aid preen tam as of�p goal Nod imlefeulhle eatale rt lee,and Ih Rnm1 right to well and tinny the enure,end then it will warrant end defend the title to said yet emi era ado the said } gr.eteq__...7••,...._.,..help end.nlgne Imeere agAntt Um 1„el:l eldmn of nil prune.who .earn. } II ureepting u egwhat ell rare noel ..fieaenents Iuvietl neon acid l,reuniaee Imr�Ue jiwi:...L�.c7ic,._....__nnd wbarin¢nl gran, nest excepting against any o. right,,lien.or ineumbranCen erected or permitted,by any other person then the aid grantor,Ante the..__ma..Yo!tGC.aeldet_._._.._-_..--- ----.—day of • _ f/iyn,in ry ripen J..- tense Wend dclleer In TI..Men.ntlie T.u.t Com f One Yank a• -- le na whew. ma41 Vr t•alae Ro11 roMl CoInnony dh1,OR the dent day el lair, 1.197 pany ametdn rtgage deed wherein saW Railroad Con,pa,y cow:eyed to the amid The ilereanlile Trust Company of new Vork,as Tnteles.for the vas and purposes therein mentioned.amongst other things,the lend.hereinbcfore aeneribetl;and. gage aWhereen,sell Union Pacifee Railroad Company, ith the content of the told The oerenntln Trust Caenpnny f Now York.Procter antler the mart foresaid.lee.maid and enn,•eee,t,ashore rat forth,the rant estate,herelelwfore described,tent.the sell grantee for and In eonablerntion of I fie saes paid ar alnre.e,,l to Union l acific Railroad Contrary ley slid grantee,which sum of money has twee laid to ceid Tea Meremllle Trait Corny.-oy of New York hn its Capacity sr Trustee,or lion(teen otherwise tl 3 erapc,iy paid or.ccountnl for under amid mortgage,fur the ems and pare..mentioned in ukl mortgage deceitNow,Thee ,Nnaw nn Man by Mete►reacts..,that aid The blaeennelle Thiel Company of New Yerk.Truetas.r el,nfnree.I.t n,nrtgegn deed,In eeenid• railer,Cl the pea.nb pn c.and of the ymeul fir ahrrcl.ld of sold sum it pout by aid Railroad Company to nail truce Cooly,ny,Iv,tine.rtes and magmas storeaid.cloth II j hereby RliMlnil.RRLRdvlt AND pO Rut;OP..,aVtT CLAIM,abject to ehr exceptions,reareeLana nest eow,lhiooe.lo.vc,rritlne,emIo the aid...._.._._._.._..._._,_,_»...a.,. • _tU•[t dc...l�ice.J.el/-.., the nil entele Jeatvll,e,i oforesni,l,to lY h-1st by the.fide R••'•iae i ..—___..(rent anon.__- ._._.eTTey-_..___"_ hFr and racier+Item HI liens,lneumbr nca end charge•of cold marl gaga Jeal of the fen dry eI Jely,3N97. 4 I -' In Wlanea Wh.reef,the laid grantor.Colon Perlfe Reilrond Caiman'',hes caused thee,presents to he sealed with Ito e Y �.: Ceep.r.te tent,and to he elgnad I,y lie President ideated by i n,hoeretery,nod eamler.igneel by les Laud Comn,ie,lo.rr 3 'a I O ' and Its Oneemai-Ao,N1.,..,\,•:t 1 h.,�,a1 Auditor,and anbf(The A[amotlla Trvst Caarnny et Now -nth.under < • a I said ...moat deed el July 1st, 18•17,ham ean.evt thane pawner to be'rated+ith ie eorporette reel,.Rec by Ito g 1 nnS empowered b the bI m of the Cum and b rewludoe f" Fj' �i I'--_� Vice-ftahlenl woe b llrraumy nuUwdutl, i>o Y y o n; 7 e(lea hoard of Matclom Iol _ t.1 II it. 'q :4 l � '' t i - Alban:_—._—.__._.__. I. eG•.:.._...Sects a,•:. ._..� , is I . i ` !N uff,�a�. UNION PACIFIC RAILROAD COMPANY, • .•4 vt A ray`1' .._,�•,la'RJednorrr.al:a-.a..t.'. _..----- --rnaidmt.p Ch , i1I• Z . 1! . T: THE MERCANTILE TRUST COMPANY i. , TRUSTEEr I . . ii �) ` � • r'� w By �/ •v" llt�lfxN_,.1,—,.___v,...rmaldent.i• , v " 4 • v...e.c,......., 'tic"..to. u I I. :. �J.�`` ''••i t Atte. �._—_�..../Ysy ...= ji2U Secatar.. Y .4jti. .. .. .. .. i' STATE OF NEW YORK,l53 1 COWITY oPTtsw YORK. ff �� ,• " Be et m se nther•d,That on tbls_,.. . —..--.day of- eareoL—..___.._.._.__—_1,A.II,l9 ..Mfom me,a i. \t N. rylnl in and for am Comity,appeared the UNION PACIFIC RAILROAD COMPANY,by.. --- II 'i 11 7L• v \Il _. .!(a.,e(cihLtwac.!sac, „.,_.—..„ iu treti,lant,wt,O i.pepnnally known to raw Ie Its the ldentieal person whose rmm�I. If 11 3 1 aubicAlwl to the fnrecmiug In.Nnreent n.amhl I'rcddrnL mml peen.al tlwre aekmawkd;eel the oatenliu¢mod reeling of pool tuslni• �'\ (��,(>p.✓� agent to be hla mlunla,y act Mull deed,and the rnluntory Net end.teed of said Company 7— it \` In WI Wh r,I here hereunto net my harm and nilicial meet tills- do of_fiStef.�._ k • p • Y A.D,19..8 at the City of New York,In said Cooney mod seta My commeaion esplre•ZaC.etrItrACK .P.a.P.., .....--. 1 'a __._...,._....... ._d1.r..›Z y�tat.otf _ _Asotor,PafJta.. 1: ;' STATE QF EW YQRK, i,1 CeO }T11iF/YORK. I elan s' -.• y \ tY/y e'.`fa 1t Ramaenbaroa.71st on lib_-�'�.._' _der,of o-ro .�..__,�,. '' A.. before me,a / �' \ Yolary Pnblie in end for old Coo ty,mixers]Tilt MMERCANTIL?.TRUST COel PA NY,by—...�.�. I 1 1 ilm Yll ii .11.ne,.zt 0 Is permnellr known to me in he the hlenlfenl mown whose woe to 7; `� � ./ / °% ooltxrlhnl to the Imegnlnp Instrument a said Vli,lirendent,and then and there acknowledged the ermution end"'UM' al aid •'1.,�l .' Moromeal to Its his aMuntery pet and duel emi the volnnlery net reed deed of aid Cemarey.i, • '� ''p� f In Wlta ms W h e,I hare hereunto net ley hand and°Metal srnl till.____.:_.%:'�iv. day of_.<4f —_— .e ' �;Ca.� r A.D.19.!.7._,rat the City of New Y ye de. y ork,in Ile Mel County and Stole. J[e tommiaaion expires— ,tLeeYwC.;_1�4G..e... ......G�;...1 W.O. dLG ...__..._._._._.__A%NO*Y Pwb11a. ' • • �.:tea„ %:____ s • 0.hCCi\'L'D Ix Accent,ltt / _^-•,--.,.dry el.�,/Le1' ,.._,__.-_.______A.D.19_.L2.rat_.._..-x. —..&elech ,� .M„and reeoninl is Reek._._ a ,,__�_of Deeds.Page-—..1.4.--.... __.--.._, f • .. • .��.•-_ _ I-•cLyLL✓' .>;3.'.rsLtir,!ante ix'ordes.•',� • • , or' a --eeAmt. 1, I ' l • • . r .. — - .. _ a After ieccrding, return ro: Weld County Title Company ue 1ii {{ (( „ ,}r sy�a r # { . ttx ii2 f®l��j i!! yl$ 1111 Greeley. COn80631 l i�l �� (11111 1 i�l l�II� lim i l�aot NIII I NI 287°383 02/29/1999 10:348 Wald County CO 1 of 4 v 21.9? n 0.02 JA suhi iaunrnwto COMMUNICATION SYSTEMS PI -Al Or WAY AND EASEMENT KNOW .Ali. MEN BY THESE PRESENTS, that PERCY L. HAMILTON, !! and NOLA L. HAMILTON whose address is 36244 Weld County Road 53, Eaton, Colorado 80615. hereinafter called Grantors, for and in consideration of the sum of Ten Dollars (310.00) and other good and valuable consideration, the receipt of which is hereby acknowledgsd, dons grant urto SPRINT COMMUNICATIONS COMPANY L.P., a Delaware limited partnership, its successors, assigns, lessees and are, hcrc,ncttcr _cued Grantee. a right nI way and easetneni io construct. expand, operate. maintain, replace,anct remave.a_communication.system such as. the Grantee may, from time to time, require consisting of, but not limited to, underground cables, wires, conduits, manholes, drains, splicing hoync surface location markers. towers. buildings, and other facilities or structures for similar uses upon, over, through, under, and along a parcel of land 22,500 square feet in area and more specifically described in and depicted on Exhibit"A"attached hereto ("Regen Station Easement") together with: (A) the right of ingress and egress over and across a strip of land containing approximately 3.589.61 square feel and more specifically described in and depicted on Exhibit "A" ("Access Easement' owned or controlled by Grantors adjacent to the Roger, Station l" � 7. , 9 Ease men,-iorihe- urpose-the -ii to rights granted herein;and (B) the right to crew and keep cleared all trees, roots, brush, and other obstructions from the surface and sub-surface of the Regen Station Easement and the Access Easement, and during construction or maintenance periods, to use additional areas as necessary on each side of the Regen Station Easement and Access Easement. Grantors shall have the right to use and enjoy the Heger) Station Easement and Access Easement except when such use interferes with the rights and privileges conveyed herein to Grantee. Grantors agree not to erect or construct any building or structure, or plant trees or other vegetation within the limits of the Regen Station Easement and the Access Easement. Grantee agrees to compensate. Grantors for any damage or injury done to livestock, nrowinri y- ..mac,... _.., damage- - crops and/or other improvements in the course of construction and maintenance associated with the aforesaid communication system(s) uniess suet: dan,dne ei injury is caused by the negligent or intentional act or omission of Grantors, their heirs, successors and assigns, agents, employees or contractors. Grantee agrees that any areas of Grantors' property that are altered or damaged as a result of construction or maintenance by Grantee, but which are lying outside the permanent boundary of the Regen Station Easement and the Access Easement shall be contoured in a manner comparable to the surrounding terrain, reseeded and allowed to return to the natural condition when said construction or ., .nlononno ic.rmmrtotpd. Grantee agrees to defend and hold harmless Grantors against any and all claims. demands, and causes c` action arising in favor of any person, corporation, or governmental entity because of persona iniun/ including death, or damages to properly. including the communications system(s), resulting from the operations of Grantee, its employees, contractors, suhcontrectors. or nnerits, which are attributable to the Aron! of !his right of way and casement, but excluding all claims. demands and causes of action ::s e Ase 157(•4 I21761 I 111111 Hill II II Nil Hill III ICI 111110111i Il1i I I 2675563 52/25/1999 10:04A Weld County CO 2 of 4 'n 21.00 0 d,.02 JP auM 'suksrab.o result Of the negligent or intentional acts or omission of Grantors, their heirs, successors and assigns, agents,employees or contractors. Grantors hereby warrant that Grantors are the owners of the Regen Station Easement and the Access Easement and agree to forever defend title to the Regan Station Easement and the Access EoscrnenYagainsethe-claims•of any,and-all-persons-whomsoever. Grantors further warrari.that Grn,iiurc have full right and authority to grant the rights contained herein and to enter into and deiiver unto Gratiiee this right of way and easement. The covenants, terms, conditions and provisions contained herein shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, assigns, lessees and agents ^t the parties hereto. Except for fee simple title to that part of the Access Easement conveyed to Nora L. Hamilton pursuant to the Cult Claim Deed recorded in the Weld County, CO Recorders Office as Document No. 2AA51A5, Nola L Hamilton. wifo of Percy L. Hamilton, it, hereby joins in the execution of this instrument solely for the purpose of binding and conveying arty and ail marital, homostead, or other interest she may have in the remainder of the Access Easement for the Regen Station Easement conveyed herein. Nola L. Hamilton shall not be liable for any warranties of title contained herein. Executed.,. . _day of ebr uar'y.,..1990. GRANTORS: By: .__'.c', Percy C. HC amilton. II • 1 r By: Nola L. Hamilton ACKNOWLEDGEMENTS STATE OF COLORADO } COUNTY OF WELD Before me, a notary public in and for said County and Stare, on this _t ,, day of February, ?nno personally appeared Percy L. Hamilton, It and Nola L. Hamilton. husband and wife, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed lot the uses anc purposes therein set forth. , T�,4. .••••••••••...5.7/,,A,; '" Notary Pubic ai L/119C11,� t t t.) 1 CMn1.1 i, _ •'Ca v. ;\(1:1:"'11. • u 1) FRAME cr. 9 2 0 3 1$$111$9111 Hai slug.alto rl1:i� �.. T ))um In ))aa)i YIam 1191 Iti1 ILIA t 1.114111'III O2i75i3999 10,548 Weld County-CO 3 cC 4 R 21.$c Q ,,.c— JP 5,$: Txlnamoco ried - ;-Hale e Sri;awes 'iJ].,. ;L9n ° I •1,,: - _. Cesor:70 E.. r',pc.r,-. `r.3 723,t c _.: for.- 7 N Of •.5S•'C -.i we,1 of far <iau e,: C.r..!r .'r '..., r - .,, n..,. i(12 :.� .. .. fag al 1 nf -q.- 1 r •o Southwest laar:R o' ':ah: a!n:0err iF shenCC Dori said Ye-:� I;nC`I I`,e�,Scuth,ATstu er 5...'.. 0,3175:01" Ecot :',0) feell depof.'1' ssd 'Neat I;ne c•:;' test 4 I e' t „n the ac,t...!y r I wcv ':ne of Weed Courty Rood 53 a d t1_ E OF R :INNING. I c _our^ dr.' i t 50 fear. thence North a 2R0. Welt 72.53 !net: thence South 89'31'59" eel 51'00 feet Is ...:nt tne e, Ohl of way line of we'd n!y Rand 55: Ih s cd of soon, 92•.',0. East '0 Or) feet to the Theo: ?Q..0 O aLGtNN!Nii Said above Cexr':bed ea erne'I conru.05 3580.61 S;F1., more at less. and is subject le all existing ear err_.... .. c,. ghti. of wiry 0' record. Er`;ENE1J ✓LSC3_:c'IM.1 (Roger Station EasemenQ__—._—__--_---- _____.. Shot pOr$an of Lot Et 01 Re..Need EeemptUon Nn 0711-33-3-RE 2224 being situate in the Southwest Quarter of See'- ;3, irrn:rofrod 7 North. Fringe 64 West al 1'.^ 6"'I M., County... Weld, its' of Colnr0.!Cr borne raere r ....r'bed 03 ra11on5. . Cueside'ing i e West one at the Southwest Quarter c1 said Section 33 as tearing South 00'28OI' East and With 0!1 beer ngs contained herein relative thereto ^raining at the Nest hwest corner at the Southwest Quarter of said Section 33: :hence stung said 'Nett line rd t,be Southwest Quarter Seu h 00'25'2I- lost '2840/ feet: thence departing said West line South 88.38 1)F Cos! 302 feet to a paint on the easterly right of Lay Line al Weld County Road 53: thence along sod easterly right a. way North GIPS 01- West 7029 feet i s the TRUE POINT OF BEGINNING: thence departing said ensterie right of way line North N9'31';9- Ere;! -5:1.00 fret: these North 00'28.01- West 150.00 feet: thence South 80'.31'59" West 150.00 feet Ina point on the er.slorty right of way lire of said Weld County Rood 53: thence !anng said easte!t, right of way line South 0012901" East 15000 feet to the TRUE FONT 01' PI Gel N!NI: 5u:8 above rnvereut pan'e1 :natc H; 225(2001 cc,it. nh It or iey_, Ind in subject la alt exist mq 9ocoa-cots On.:./ef ngbts of way o! fenora an U'.,f h.. . .., .. r . ._n Jrr ry greet Sup , in'''. ',his C f on^,1 orr r. ,., is cor t 'C 010 � rns .s'i CM sa - e 0 ,�:-- - i1101I1III Hill Inliiiliii IIii illiiilli 1:11Iy Mg .. I..__.�.... .._...�.w.......... 4 of 4 R 21.00 P 0.00 JA $ kI Fv:;S ...11 t I i _(b I I I , i I AN...- it. , -• 1- r y, r.': ,Hl ., ..r t I I II I 4 i L. I 13 I I I I. li .:2::II I j I a I I I C") I . o I c I D I 1 v 1 I X I I 0 a I :;I 7 _ I I'_,U QU C 1 ,; t 1 —. I i ! (.1. 1 i u, 1 ' Ii t; ar.. :fit' 1 I � I... I .''I ....,....:...t, •'• •1., . 1 ... ... . .. i I a I i 1 I • I 1 • I ` » yy I . I — I I ' 4 . r•----- S• , � :.1141 i § | , I q ®® \ 10! g a -- •• C � �� ® - 1" « Soi i % , htn ) . & \ Pi % —1co ) � { � " § „ An k t ' \ :| Cm § I Y. in _ in \ in \/ § co ® QD W "X124±722.- - =® 2 Lii r j G \ ) \ N * ti ` [ § \ 3 % ii- \ ` if m tS ii % Z\ lig& / „ / \ � 9 -- [ 9 _ _ . — 1 - - «564 07 - - - - m2< av{ - { . e S ea, / \ , e/ \ W.C.R. No. 53 (mom, ) \ _ . . _ §'§ • / / )ma§ \ �� • I 11 , • .. F i 4 ., a_ ,s33 ; I �. • /t/�? 'tiff :\�}, S' I { t ' .� t �� .i i ):` (. ( ilk•. .; ' {.1 t�7 - I It 840 111 a ii a i a it= r :` a N II 3 N 1'ill ii 1 hit aiejf d 11111 ' i , i ii :alb _�,? i 3 !II! 15 Ilstca..t a«i: a O 4 ;i I Li t iida /M 7 il !iF tJ • i3iJ `1111., 1 .a IIrEgx:r F 0141i '4 ili ii Wtn d if:i _ad a ► Y ,s 111 I a 3 3i 1ii +t G FF' `' 11J z '!R -41,4 II 3:R i.7 X jat r--� i wvtnny rear ill 1 -_ ; I I�o a I / I W §4 t + cc _o � -� I 1 f F a c }t o t / s / ' ' Si iii i 5 I I .. .,i, F O a { Y W 3 IF L O o : I t" i; I- F 1 3 '1 dl Z ! �i t a f !tit '3 i 61 I a !- , r` 7� i r+ W I f' -� z 11IuillTt1 !:! 1 r- w. Z ' Rs N rb= 1..i.....,.. ',, , ,. I z' W - •_.i..",„'' •1 Ii ≥ I1m• 4 �L _ ..i J' 2 iii CE CO Is " i iii _ e g ° :i 2 I, )t -� j o $J CO 3 0 nf i4� ' i n;t ll ,2 !, �, =fi C! ° i I :', ' i ,i 7? ,_... .1;-e-: 0it7 Q o s: -ate !Zs / T I ooxe ai i�, ,�e.or „ fi'F'_:; 1 J i,:,..,:. . ' 3'i cA 3 __-- t+. 7, W.C.R. No. 53 �r S[��{ Y;iti j t ix i ? S-4. !ht 1i ) �}';6ei�° as 14: #ii 5 N—J III IIIII OBI IW III 111 Mill HMI DE II... " =�,1�1°,°J-IIe°1°:�,.Ieu�L,� AMEND-.D RECORDED EXE .55•-b1 eI 111 ICS D LS de µl TWurIs LOT B OF RE-664. SITUATE IN THE SOUTHWEST OUARTI OF THE 6TH P.M.. COUNTY Y•6� West I/. COs. 1 t ...r TiLa- • sec. 33-J-64 1 x�ti r56e06•W[ r°""°"°.II r.r..v sa.n'vw I IJ6.11_ Wei( _ mann r r �R, , I - _ T - - - - - - - - - wrww 6ni•v, 04B ses3x•I1w — — 6' n f inacw p ta(.-�'v.sr�lrr I6T.63' a.�'.'.:..:^.::.:� r Jas• LS 12)74 is x I '36436 WCR 37 Ir.n \ bMn.LMe laaa.. mar a.rme......-IAA 1�n 3e�x�sy'E gee.»• ,..fir :.^d'.S. �m I 141.60 Lg. \ ca * * 1,v I: \ I o d �xi 3 i \\ a Z 1�-1- - ergs "— -- S \ I ENiI c 1 Iii I XIS a Lot Be 67757.5 W an4T lv \\ IA 4 I treed 141.SI• sf.1 I.. s' ��° W� 51ii�za wr $0,40'53',/138.61 \ IM tweelsen nra�ssw ue.ar• [doting lentos e �" ssoss•16w I \ I1 17.66 n °.7.2.," • \ 3.5••54'41'wSI••9IT w 1 \ w lee'w N66.3a l6 - I \ .•eerg 6 1.a3 Ire `N6V0T•zew \ inram 1..c;,:. I I •.e..r 113.36' wa_arv.aa na I I I \ I :sari u�e.r!.' —i r—=.141,41°:0 nx+r \ 1 uSEL c.:nea:r- . wan.. • .4 S IK . • I 1 I 1 1 Southwest Car. • - _ _- _ _ — JIIB Sec. 334-64 589'3J'SBw - -- - - - I South q P.0..w.m 2-I/2' 1636.JT ems.annum w wmonument Sec. : ews `"µ W.C.R. No. 74 re He.Iren 37 I Sll ws ine.n e 1714 bs se reel ISO ES 53374 CINFRM NOTES' I. Rosie of Bearings far this surrey: The West line al the Southwest Ouarter of Section 33. Township 7 North, Rag, 64 West as manume,,ted by this survey Le assumed la tsar North 00.1801 West. 2. Recorded oaserneeda and rights of way have not been researched by Nlarmal Land Sumyl,. Inc. or shown on this pltl. The easements and right, 0$ way which NMI information. and be ore lown sreon t,. usedyonlayL In v complete, conlvrt.me based on general ``//,,//JJ�\��\ 3. 0 — Set 1/1' weber 0r long) and 1'1 red plastic cap — LS 30462.nV yyX EAS( 4. a Found I/J''char and yellow plastic cap — LS 1137..Ali S. • w Oid not set or find, unless otherwise noted (typicm). .ZUI'll 6. Client: Percy Hamilton 36244 WCR 53 w,,� -n - Eaton. CO. 80815 decorate., Y.Ntfdi_A'YJ fe;non I yr.ate.,le C ansaetwee h seert er'0.=manes neso s..an Heel nye eracction MW IN.owns,.4th'Wre \swe r se eamnncN nvr,wan In—from W dale ei the entreaties n Seen hereon. N W INTERMILL LAND SURVEYING. INC. °" WE: a ism x]PM cttMrm .KWc Lvrtl a t3 0 a a1 \11 1/ a. sus(1701-s4e-mu/nu 11701-os-1775 J I sa. ) I` 1111111 11111 1111111 III IIIII 111111111111 2887690 09/28/2001 04:03P JA Sukl Tsukamoto 1 of 7 R 35.00 D 0.00 Weld County CO 690 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT("Agreement")is made and entered into this,7r'day of,SPptembe e,2001 by and among RME PETROLEUM COMPANY, formerly known as Union Pacific Resources Company("RME Petroleum")and RME LAND CORP.("RME Land"),formerly known as Union Pacific Land Resources Corporation, both with an address of P.O. Box 1330, Houston,Texas 77251-1330(RME Land and RME Petroleum are sometimes referred to hereinafter together as the "RME entities") and PERCY L. and NOLA L. HAMILTON (together the "Hamilton") with an address of 36244 WCR 53, Eaton, Colorado 80615. A. The Hamiltons own property located in a portion of the SW4 of Section 33,Township 7 North, Range 64 West, Weld County, Colorado ("Property"). The legal description for the Property is attached to this Agreement as Exhibit 1. B. The Hatniltons have filed an application with Weld County in which they request that the County approve a change of zone and a planned unit development to be known as Mason View Planned Unit Development for the Property. A copy of the plat for the planned unit development is attached to this Agreement as Exhibit 2. C. RME Petroleum and RME Land own the oil and gas that underlie the Property, and RME Land owns all of the minerals, exclusive of oil and gas that underlie the Property. D. This Agreement applies to the oil and gas only that the RME entities own for the Property; it does not apply in any respect to the minerals other than the oil and gas owned by RME Land which are the subject of a separate agreement. E. The purpose of this Agreement is to provide for the development of the surface estate and the oil and gas estate for the Property. NOW THEREFORE,in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Waiver of Drillsite Location on the Property. The RME entities hereby agree to waive their rights to drill a well on the Property, 2. Waiver of Setback Requirements. The Hamiltons understand and acknowledge that the Colorado Oil and Gas Conservation Commission ("COGCC") has rules and regulations that apply to the distance between a wellhead and public roads,production facilities,building units and surface property lines,among other things. The Hamiltons hereby waive their right to assert any and all setback requirements in COGCC Rule 603(or its successor provisions),or any amendment to the COGCC setback rules, and to any other state or local setback requirements or other rules and regulations that would prohibit or interfere with the rights of the RME entities to explore for and produce the oil and gas under the Property from a drillsite location adjacent to the Property. The Hamiltons understand that the RME entities may cite the waiver in this Section 2 in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. The Hamiltons also agree that they will not object in any forum to the use by the RME entities of the surface of the Property consistent with this Agreement. SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 001 111111 111111111(11 H111111 lull!111111111111111111 IIII 2887690 09/28/2001 04:03P JA Said Tsukamoto 2 of 7 R 35.00 D 0.00 Weld County CO 3. Governmental Proceedings. The Hamiltons shall not oppose the RME entities in any agency or governmental proceedings, including but not limited to or related to, applications for permits or proceedings for drilling,workover,well deepening and recompletion operations so long as the position of the RME entities is consistent with this Agreement. 4. Access and Flowlines. The RME entities and their agents, contractors and representatives shall have the right to use the roads within the planned unit development for access to drillsite locations that are not on the Property and as easements for pipelines or such other access or easements which are reasonably necessary for oil and gas operations. 5. Notice to Home Purchasers and Builders. The Hamiltons shall furnish notice to builders and purchasers of lots 2, 3 and 4(as those lots are identified on Exhibit 2) that a drillsite location for a future oil and gas well may be adjacent to the lot. 6. Covenants Run with the Land. The terms, covenants and conditions in this Agreement shall be covenants running with the land and with each subsequent transfer or assignment of the Property. 7. Successors and Assigns. The terms,covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 8. Recording. This Agreement shall be recorded in the Weld County Clerk and Recorder's Office. 9. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 10. Entire Agreement. This Agreement sets forth the entire understanding between the parties hereto regarding the matters addressed herein,and supersedes any previous communications, representations or agreements,whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the date and year first above written. RME PE EUM COMPANY OWNERS: • R ._ PL By: Attorney-in- act �( Percy L. Hamilton ROBERT M.McCOMMON.JR. /�'- Attorney-In-Fact /"It RME L -40 By. fA2L. �k/': sa eP _ Attorney-in- act Nol Hamilton ,OBEY? M.McCOMMON,JR. Attorney-In-Fact 2 SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 002 .0-, 1 111111111111111111 III 11111111111 tit III 11111 I I I 11111 2887690 09/28/2001 04:03P LA Suki Tsukamoto 3 of 7 R 36.00 D 0.00 Weld County CO ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this /7 day of e`� . ,2001,by ko,hert fit McCo m in on , Sr . , as Attorney-in-Fact for RME PETROLE COMPANY. Witness my hand and official seal. My Commission Expires: 4/2-4S -�-� Q DIANA ALLEN Notary Public Lc) NOTARY PUBLIC.STATE OF TEXAS MY COMMISSION EXPIRES APRIL 12,2005 STATE OF TEXAS ) ) ss. COUNTY OF HARRIS ) The foregoin ii.Ntrument was acknowledged before me this /7 day of�4r, ±:r 2001,by et,kr f m• /YIcCAMnon 5r. , as Attorney-in-Fact for RME Land Corp. Witness my hand and official seal. My Commission Expires: 4//.Z/Uc FëF=ALLEN \ 441:4*--�'� litr PUBLUC.STATE OF TEXAS Notary Public OOMM$sXJN EXPIRESAPRIL 12,2005 ds rrr ui-acceororaw.ir..vd 3 SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 003 111111111111111111111111111111111111111 I I 1111111111 I I I 2887690 09/28/2001 04:03P JA Sukl Tsukamoto 4 of 7 R 35.00 D 0.00 Weld County CO STATE OF COLORADO ) ) ss. COUNTY OF )The foregoing instrument was acknowledged before me this 224d day of Aug.wl,2001, by Percy L. Hamilton, individually. Witness my hand and official seal. My Commission Expires: eta} 2/i 2003 ?O;:•'" •••,,!P ' ERIKAC.BAGLEY }� \, /O o� 1 #.1\1441 Notary Public b� OF CO‘•� My Commission Expires,— STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 22nd day of August,2001, by Nola L. Hamilton, individually. ccJJ Witness my hand and official seal. My Commission Expires: I �!i 2! 2ooZo'"....Vee �+ � ERIKA C. a C• • LEY Notary Public � � •• • CO' My Commission Expires 4 WW 10 . 0 . 0 . 8 WE 2887690-2001 . 004 1 111111 11111111111111111111 111111 1111111111111111111111 2887690 09/28/2001 04:03P JA Suki Tsukamoto 5 0l 7 ft 35.00 0 0.00 Weld County CO Exhibit 1 to Surface Use Agreement among RME Petroleum Company,f/k/a Union Pacific Resources Company RME Land Corp.f/k/a Union Pacific Land Resources Corporation and Percy L. Hamilton and Nola L.Hamilton Inverts Description: Lot B of Amended Recorded Exemption No. 2224, situate in the Southwest Quarter of Section 33, Township 7 North,Range 64 West of the 6*P.M, County of Weld,State of Colorado Said parcel contains 30.92 acres, more or less, and is subject to all Sating easements and/or Rights-of-Ways of record SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 005 Exhibit 2 to Surface Use Agreement among RME Petroleum Company,f/k/a Union Pacific Resources Company RME Land Corp.Vida Union Pacific Land Resources Corporation and Percy L.Hamilton and Nola L.Hamilton I 111111111111111111111111 111111111111 III 111111111 in REZONING PLAT 2887890 09128/2001 04:03P JA Sold Taukamolo VICINITY AND LAND USE MAP 6 of 7 IT 36.00 0 0.00 Weld County CD FOR MASON VIEW P.U.D- CURRENT ZONING: REQUESTED ZONING: ZONING CASE HUMBER: A (AGRICULTURAL) DISTRICT P.U.O. DISTRICT Z- wrwmr n.Tr ii 5 I I y .� G , ,`� , .. a I I ==arcr SINSC5a E iu5.lr +—•. F `� Yi I w . ` I lr 4Jl ! RE( h I .,,,,:,:t.,1_, (RaeNmli•I) In .I , I Z I\II I �i K I I •L Angle family \\\/ ci I# R M Y+r uw. J `PFN�r.V+r w r,,,,,.....+ ``r. — _ MASON NEW ROAp _— �r �� .to ACRES -- --___ _ Sby. Fowl', :Jt f •c•Ls I w10.+.'"r1��...�'- r5rE I air m sw 7 I yea r...0., I I ..ITT.j5' mine, f0*.YwZ 1 Singlecomity - r I ! L f ee UG .t % % COMN D —S--- �j ",',T hr I T Sons ICE @LAS ^Sq'�:T_74:04 S.W..,w._ -Tax: I ` """7 M SEPTIC LEGEND 1C I r..,.ry Loth N.N I. •......s.m.wD L..Y,new v:. I wEw. � .roYet wlc "XL) I II HAMJ,S. rF.U^p Ii fa PERCY HAMILTON • I ae• ..n II w t >o vwro •f•/• e.n. 1(• I '� _ R•, Y.,,_ s e, scat: e.t.a r —. SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 006 1191-&Ra,AIDI, S5 SECRGN • REZONING PLAT VICINITY AND LAND USE MAP FOR MASON VIEW CURRENT ZONING: REQUESTED ZONING: ZONING CASE NUMBER: A (AGRICULTURAL) DISTRICT P.U.D. DISTRICT Z- LOT B OF AMENDED RECORDED EXEMPTION No. 2224, SITUATE IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH. P.M., COUNTY OF WELD, STATE OF COLORADO. 1111111111111111 0111111111111 III 11111 I I I l i l t 2887690 0912812001 04:03P JA Suld Tsukamoto 7 of 7 R 36.00 0 0.00 Weld County CO PROPERTY DESCRIPTION: Lot B of AMENDED RECORDED EXEMPTION No. 2224, situate in the Southwest Quarter of Section 33. Township 7 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Sold parcel contains 30.92 acres, more or less, and is subject to all existing easements and/or rights of way of record. • ZONING CLASSIFICATION AND LAND USE DFSIGNATION TOTAL SITE ACREAGE — 30.92₹ ACRES (ZONED P.U.D.) • RESIDENTIAL HOUSING w 23.60₹ ACRES (ZONED P.V.D.) OPEN SPACE - 4.704 ACRES (15.2%) (ZONED P.U.D.) RIGHT OF WAY • 1.83± ACRES (ZONED P.U.D.) LANDSCAPED AREA a 0,19 ₹ ACRES (84.071.77 s.f.) (ZONED P.U.D.) REGEN EASEMENT • 0.58 ₹ ACRES (25.264.80 s.f.) (ZONED P,U.D.) GENERAL NOTES: I. Basis of Bearings: The West line of the Southwest Quarter of Section 33, Township 7 North. Range 64 West as monumented by this survey Is assumed to bear NO0'28 01'W. 2. 0 a Found No. 4 rebar with 1" diameter yellow plastic cop marked LS 12374. (unless otherwise noted) 3. OO a Found No. 4 rebar with l' diameter red plastic cap marked LS 30462. (unless otherwise noted) 4. • - Did not find or set, per clients request. 5. Client: Percy Hamilton 36244 WCR 53 Eaton CO. 80615 Page 2 of 2 SKLD WW 10 . 0 . 0 . 8 WE 2887690-2001 . 007 / \^ I 6F-1 ] �! == I N r ---.,...go ( • 0.c.:_'_,_ }-7-7-i. — L� ,, • "v-,_J- . -'7L) x'111 I s i 91 5 DI rho i r1 �1 a t e 3q3 zn� � r T`a y5 I' a as§p { C it, E' Wow '3 E?....- az ≥ r' o6mu= CAI, . q � . : � rcI L N ?^i A 5 - �0/a W, ;� 4: Y s r $ `! tiJ3Si≥a Will, I : i's1ty11 1 a ; I I §i§tti $$i.i aiiai;T it €a1 xcx i "! 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If Thi} )1 i * j i s, ?# 0 -, r 'r t Ji b' �a a .�, I ! iti W- 3 11! I +,11 1 v l 1�.� . r I n I �, >1 s--I iiiN 1 i i ; rr la nk.- .1\--:,_j 1 i�1 N 1! t1, r I 1[ y - E I o I J =it t a3 fF a . ff�' rir „il JJt! °-,3 ,}ii ti ..„ Z I �a US A C - c - II. i t_ I su. ! 1e Z f. '+ • � I nl, I i:, -.,:.:::,...-,, I L s — _ c 33 s -o— --i--,f. i sxe cams 1. i O _e- � ,ncr.: 4'S ON 'ij''J'M, I •,,o.,crn" }t1 J 114z i 1i.. 17 0 ,- a ` :71 hi Z1 a a R ........, up • B 1195 REC 02140341 05/06/88 16:01 $15.00 1/005 141 F 0533 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO State D«umentory Fee RE No. 55064 Dam- $S } WARRANT"SPECIAL WARRANT" DEED THE TRAVELERS INSURANCE COMPANY, whose principal place of ddrss is wer of notice ,he Hartford, ,isC Yost Office Box 8161 and , address for purpose. for and in consideration d aof 2121 North California Boulevard, Suite 1000, Walnut Creek, $170,000 .00 94596-8161 inhadpaid, has") , bargained, convey d conveyed, ain these presents doesagran granted, bargained, bargain' R. HAMILTON, onveyed, and by and GLENNA and confirm adde unto 6244 CL HAMILTON, II " Grantee") , :o ro ertY. whose es is 3 all o 80615 ereal( and being their successors and assigns forever,y situate,, lying property, P in ogether with the improvements, if any, of Weld, State of Colorado (the "Property'•ocated the County S . _ as described on Exhibit A attached hereto and incorporated i herein. and TOGETHER WITH all and singular the hereditaments appurtenances thereunto belonging, or in anywise appertaining, rofits thereof; and all of the estate, right, and the reversion and reversions , remainder and remainders, • rents , issues and p title, '_nterest , claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property. cifically excluded from this conveyance are any • I rI EXCEPT, s peri rights and interests of the Grantor which shall and allmineralebythe said Grantor. be reserved by sines and TO HAVE AND TO HOLD the said Property above bare their . described with the appurtenances , unto the Grantee, successors and assigns forever. The Grantor, for itself, ts successors and assigns , does covenant and decree that it will of the Grantee, their successors and assigns, against WARRANT AND FOREVER DEFEND the Property in the quiet and peacefula posession person or persons claiming the. whole or any part all he and every P h or under the Grantor, subject to those items a t described cribe o through on Exhibit B, attached hereto and incorporated herein. Re tonal Vice President IN WITNESS 'WHEREOF, the Grantor has caused its corporate � , nattested by its f and to s subscribed by its Ra and its corporate seal to be hereunto dayf ores, n 5^creca r+ on this 1988. GRANTOR: i,,LIS,., CE COMPANY, } �� s•,yp THE TRAVELERS INSURANCE SLR a Connecticu corporation m AfYVNIC�J ` onal Vic . b},: enc Rail A. ch cc, Re ` `I ', [SEAL] ATTEST: , By: Neil Hamllcon.Assistanc Secretary (I 1 B 1195 REC 02140341 05/06/88 16:01 515.00 3/005 c F 0535 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO EXHIBIT A . Covering the Land in the State of Colorado, County of Weld. Described as: The SW 1/4 of Section 33, in Township 7 North, of Range 64 West of the 6th P.M. , 7. EXCEPTING THEREFROM that parcel of land as conveyed • . tto Charles L. Mason anW. Asa A.14usburgergcker dated December 8, 1908y virtue of a nty and Deed from George recorded December 9, 1908 in Book 289 at Page 171, ALSO EXCEPTING Mitre and Annette B. Mitre by Rpcn.irtued as oof conveyed to George A. warranty Deed from Vernon D. Cecil and Robl9'5 in Bookl '•- - dated August iol recorded July County Records, 742 as edcapt- n No. 1664497, Weld described is follows:. pa rt partt of the SW 1/4 of Section 33, Township 7 North, a Range 64 West of the 6th P.M. , more particularly described as follows:BEGINNING at the Southwest corner of Section 33, Township 7 - , North, Range 64 West of the 6th P.M. , and assuming the South line of Section 33 to bear North 89. 58'17' East, and all other bearings contained herein relative 'thereto; thence North 89•58' 17" Es ,POINT OF BEGINNING; distance of 2160.98 feet, I more or less, a thence North 00' 45 '21" West, a distance of 300.22 feet, more or less; ' thence North 49. 51 '58" East, a distance of 607.61 feet, .} more or less; thence North 00.27'26" West, a distance of 381 .07 feet, more or less; a distance of 400.89 feet, :h.. _ thence North 41.25'05" West, more or less; a distance of 79.17 feet, thence North 36.36'28" West, i_. more or less; , thence North 31.28'05" West, a distance of 183. 13 feet, more or less; a distance of 250.08 feet, thence North 44' 13'26" West, more or less; thence North 24.09' 50" West, a distance of 854.21 feet, more or less; ,. 941.09 feet, £ thence South 89.25'26" East, a distance of more or less; n thence South 00.23'04" East, a di:;farce of 2230.29 feet, 1 more or less; thence South 01.05'07' West, a distance of 311.98 feet, more or less; thence South 899'58' 0"We POINT OF oIN West, distance an 475,52 feet, more or less, th2 - 1 • ' o F 0534 REC ANN D341 FEUERSTEIN/88 CLERK REC1 ORDERRECORDER•00 2/005 1195 WELD CO, CO STATE OF CALIFORNIA ) ss COUNTY OF CONTRA COSTA ) ' The foregoing instrument was acknowledged before me by 2m11 A. Schmitt as the a 10 na1 vice President of The Travelers Insurance Company, a Connecticut corporation, this of Nav 1988. Witness my hand and official seal. My Commission expires: . 16142:6-1 . d7. ��.iC.Gup- N p lic [SEAL] a OFFICIAL SEAL I ,.:00‘. JUDY L CHIRILA I • .Ir • NOTARY PUBLIC•CALIFORNIA I �;* PRINCIPAL ORRICE IN CONTRA COSTA COUNTY My Commission Wag MA,N 1.1991 .. r ^ I Ij tl • • 19/2091 14: 33 37063597-+. - INTERMILL LAND EPV'.-• PAGE 32. AFFID/WITSF INTEREST OWNERS JURFACE ESTATE SOON11 // T. 44.7‹..e) rn� nJ #c7 , f 7,3F de cs Q `i_ THE UNDERSIGNED,states that to the bast of his or her knowledge the stitched S is■true and accurate set of the Mmes.addresass,and the cottsspondknp Parcel Identification Number assigned by the Weld County Assessor of the owners or property(the surface mutate)we nn 300 feet of the property being conNdsnd. This est was compiled from the records of the Weld County Assessor,or en ownership update frorn a tik or ebetraet company,or en attorney. The It compiled from the records of the Weld County Assessor was assartibled within thirty days of the applicatkxr's submission date, 4-6 Zgaar.J \ _ 4, I. SIT=HAMILTON ATTN MISTEVE LAND STENCEL� '' OLA L HAMILTON BY APOIO LAND SURVEY 1301 N CLEVELAND AVE 36244 WELD CTY RD 53 BY APO OF COLORADO FORT COLLINS CO 80537 EATON CO 80615 2-GARY&LORI MODIN 3-GLEN ROUSE _JAMES 709 35TH AVE PEGGY WYKES ' ' CHRISTIANSEN GREELEY CO 80634 PO BOX 189 6880 WYMAN WAY SEDALIA CO 80135 WESTMINISTER CO 80030 5_JAMES& L_ROBERT& �_WEST IRRIGATION CO EDITH CHRISTIANSEN GLORIA DUFF C/O DONN ENGLE 6822 GARLAND 36670 WELD CTY RD 53 PO BOX 206 ARVADA CO 80004 EATON CO 80615 EATON CO 80615 8-BRUCE& q, FERNANDO RODRIGU CAROL IMMING 2560E 8TH ST C3 2 4 OOO36503 WELD CTY RD 53 GREELEY CO 80634 5 EATON CO 80615 re\ a p Ke/ O '711333OOp 49 OPT 11 3030 a c �{ C, I 4,ficn . \ -1-c 4 # \ will 333 ooa k3 elccQ ‘a .2 0 r tt3,33c0o sC - iRo ‘1st. tv1ice---s t .3 � I13-ek1 coo la Co CY, a, t 5T-,fw L,s< N l - Cr" ( \ 33a 0 a a ,Pc - 3'R.a -es c. 4,,g<s--\\ a,45 em t5 3'Tf133 .2 ccOo9 - Dv c-V -Ar 14. 1 l 1 331 ac a 3-1 /3 — W:Ls" - S&za<•csc-\--sem 36 `1 C C G 1} c '" ,1. m ,,n-t. , ,�- �L ' v O'7 1 3 2 0 '71/ 35 f O66 o44"CoZo Sec-koi 5eJ%oN 32 c.° 33 o ss %.24 04(. O35' 0So 4i 1 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Lot B, Recorded Exemption No. 0711-33-3—RE2224 WCTC Order No. urpsgn39 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and address of all mineral owners and lessees of minerals owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership search from a title or abstract company or attorney. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby' limited to the fee paid for this Certificate. WELD COUNTY TITLE C ANY By: ,^ av Title: -IP OW-re,' The foregoing instrument was subscribed and sworn to before me this ;7 7 day of WITNESS my hand and official seal. My Commission Expires: 3-, 55aY. PUBIS'. ( \ MTYLINDt �\ . O4 Notary Publit� 4 ' ....... .... .. N• l4- OF COQ • NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type MINERAL OWNER: Union Pacific Land Resources Corporation LESSEE: None. MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, June 27, 2002, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present: Don Carroll Public Works Also Present: Sheri Lockman, Planner; Donita May, Secretary. 1. APPLICANT: Percy Hamilton CASE NUMBER: PF-1005 PLANNER: Sheri Lockman REQUEST: PUD Final Plan for five (5)residential lots and 4.7 acres of Common Open Space LEGAL: Lot B of AmRE-2224, being part of the SW4 of Section 33,T7N, R64W of the 6' P.M., Weld County, Colorado LOCATION: East of and adjacent to WCR 53; 1/4 mile north of WCR 74 Don Carroll, Weld County Department of Public Works, was the only board member present. Sheri Lockman,Weld County Department of Planning Services, presented case PF-1005, a PUD Final Plan for five (5)residential lots and 4.7 acres of Common Open Space. Water service will be provided by North Weld County Water District, sewer will be a septic system,gas service will be propane, US West is providing telephone service, and electricity will be provided by Public Service Company of Colorado. The property is served by the Eaton Fire Protection District and is within the Eaton School District. Don Carroll,Weld County Department of Public Works, inquired whether there is a sign-off sheet from all of the utilities that will be utilizing the site? Mr. Carroll inquired whether all of the utilities are okay with the layout or are we asking for that on the sign-off sheet? Ms. Lockman replied that the water agreement has already been approved. The Galeton Fire Protection District has provided a letter, as has Public Service of Colorado. The school district will be sending a letter and they will be signing off on the plat as well. Mr. Carroll said he would like a paragraph placed on the plat allowing utilization of any of the open space to access the utility and drainage easements. Mr. Carroll also recommended that each utility company contact the property owner/developer to make sure that the crossing is adequate to either span or go underneath the drainage tile and not damage or disturb it at that location; or utilize county right-of-way to access from the north side of Mason View Road at this location. Mr. Carroll said the applicant identifies a 20 foot utility easement all of the way around the property, 15 feet at the front of the property, and 10 feet on each side at the lot lines, and that these meet requirements. Mr. Carroll recommended contacting the absent board members for pertinent comments prior to finishing comments for the Utility Board. Doug Melby, Evans Fire Protection District,was contacted by telephone. Mr. Melby expressed the same concerns as Mr. Carroll regarding utility access and drainage easements. He had no other concerns with the applicant's request. Cody Wooldridge, Central Weld County Water District,was also contacted by telephone. Mr.Wooldridge expressed the same concerns as Mr. Carroll and gave his approval based on those recommendations. With three board members in unanimous agreement,the applicant's request was approved, with the aforementioned conditions. Respectfully submitted, i>CL,kf Mi Donita May Secretary WATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of them'" day of Noce-he-. ac.- by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter "District"), and Percy Hamilton, the developer of Hamilton PUD, (hereinafter "Developer"). RECITALS WHEREAS, the District is a statutory special district formed under the Laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS, the District Enterprise was created by the District, in order to comply with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS, the District owns, maintains and operates a system for the storage and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS, the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Owl Creek Acres PUD, and WHEREAS, the Developer intends to develop more than three residential lots which will require dedication of raw water pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Developer as follows: ARTICLE 1 WATER SUPPLY/ FACILITIES 1.1 The District agrees to furnish a customary supply of water for a total of five (5) residential water taps. The District shall furnish 70% of an Acre-Foot (228,000 gallons) of water per tap per annual water year. 1.2 The water to be furnished by the District shall be potable water, which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water except for interruptions due to: (1) Uncontrollable Forces; (2) Operations or devices installed for water system protection; (3) Maintenance, repair, replacement, installation of equipment, or investigation and inspection of the water system, which interruption or reductions are temporary, and in the opinion of the District necessary. 1.4 The District shall install and own a meter vault at each individual lot. ARTICLE 2 COSTS AND EXPENSES 2.1 The Developer shall pay the full portion of the construction of water lines within the development (or that exclusively serve the Development)that will serve the individual taps. The District must approve engineering and construction plans of all water lines before construction. Once the District has approved the water line construction and installation, in accordance with all District policies and engineering requirements, the District will conditionally accept the water lines by issuance of a conditional acceptance letter(see Exhibit "A"). One year after conditional acceptance of the water lines, subject to final approval by the District, Developer shall dedicate ownership of the water lines to the District. The Developer may use the Districts existing water lines to serve the individual taps, if the District determines in its sole discretion, that the water line may be accessed and has available capacity and pressure to serve the Development. 2.2 The District will be constructing offsite infrastructure enhancements. A portion of these enhancements will be attributable to the Development and an Infrastructure Enhancement Fee will be charged to the Developer. The final amount of said Fee shall be $2,000.00 as determined by the District. Full payment of said Fee by the Developer shall be made prior to commencement of construction of water lines that will serve the Development, or the issuance of any residential building permit, whichever occurs earliest. 2.3 The Developer shall also be required to pay the Plant Investment Fee portion of the "Tap Fee" which shall be determined by the proposed number of lots within the Development times the Plant Investment Fee then in effect. Said payment shall be a lump sum paid to the District prior to commencement of construction of water lines that will serve the Development. No portion of the Plant Investment Fee shall be returned or refunded once established by the District and paid by the Developer, even if the number of lots in the Development is later decreased or unsold. 2.4 Developer shall provide, dedicate and convey to District, Five (5) units of Colorado Big Thompson Project water or one (1) shares of the capital stock of The North Poudre Irrigation company plus one (1) unit of Colorado Big Thompson Project 2 water, being the "Raw Water Requirement" for this Development as determined by the District being the amount of untreated water necessary to service the Development. The transfer and conveyance of the Raw Water Requirement must be finalized before water is supplied to the Development but not later than one year from the date of this Agreement. The transfer and conveyance must result in the District having full ownership or rights to the raw water and subject to no liens or encumbrances of any type. In the event the raw water transfer or conveyance has not been accomplished within the above stated time, this Agreement shall be null and void and the District shall have no obligations or requirements of any type hereunder. The transfer and conveyance of the Raw Water Requirement is a condition precedent to the District being required to proceed under this Agreement. Any sums paid or improvements by the Developer shall be considered as forfeited to the District. 2.5 The Developer shall provide the District with security to secure the installation and warranty of water lines for the Development during the one-year conditional acceptance period. Said security (the Warranty Security) shall cover 25% of all costs for construction of said water lines, which shall be released at the expiration of the one-year warranty period and upon full acceptance of the water lines by the District. The type of security to be accepted shall be at the sole discretion of the District which will normally be a letter of credit, certificate of deposit, or bond. 2.6 During the one-year warranty period the Developer will be responsible for any repairs or maintenance of the Development water line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering standards and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.7 Prior to water service being provided at or for any lot, the lot owner shall be required to complete the District's tap application form in accordance with the policies and procedures of the District at the time of any tap application. ARTICLE 3 EASEMENT AND RIGHT-OF-WAY 3.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute the attached form Easement and Right of Way Agreement (Exhibit "B") with the specific locations, widths, size of pipeline(s) and descriptions to be determined all of which shall be satisfactory to the District, at its sole discretion. This Agreement is conditional upon execution and recording of the Easement and Right of Way Agreement, and until such Easement and Right of Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any cervices of any type. 3 . 3.2 In addition to execution of the attached Easement and Right of Way Agreement, any plats submitted for approval to any governmental authority shall provide and indicate the location of the easements and rights of way as provided in this Agreement. Said plans and plats must be approved by the District prior to any final approval by any governmental authority. ARTICLE 4 TERM 4.1 This Agreement shall be subject to the approval by Weld County of the final plat of the Development or the withdrawal of the Development presently being processed for consideration of approval by Weld County. If this Agreement is terminated due to these reasons, the terms and conditions of this Agreement shall be considered null and void. 4.2 This Agreement cannot be assigned by the Developer without the express written approval of the District. 4.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. 4 IN WITNESS WHEREOF, the parties have executed this Ag(r�\eement the day and yeJarr first above written. -cwt.-,, Lilt..1 v.--,11-_ 1+ " Developer" Attest: NORTH WELD COUNTY WATER DISTRICT fi Secretary President "District" "District" STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ;l .,.J day of No: , 20 :,):= by zrc- 14-,_,-; k1 izit • as Developer. WITNESS by hand and official,geat-`....""••••..74,t, s . c; My commission expires: �< '' =Y'`•. c il,.,,y a5 . )...t.:-./ - _ woe ^ - c.,, . << _ M cr+•.•.�"a t ..;t.. , Notary Public STATE OF COLORADO) /.,,F ' 0f gpn.13�,V . )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this .;2"t day of - 1 GtI. , 20 2 by 2 c l-c yr CL , ., h • a c 1.---Et as Secretary of North Weld County Water District. WITNESS by hand and official seal. My commission expires: c/D QJ C'=-. 0.1.e:. .._n,_, _ Q`>-,�-?.-, 7_,C r I Notary Public 5 EXHIBIT "A" (Date) Percy Hamilton 36244 WCR 53 Eaton, CO 80615 Re: Conditional Acceptance of Hamilton PUD Mr. Hamilton: North Weld County Water District hereby acknowledges that, as a result of visual inspection, receipt of engineering documentation, construction, and installation of the water lines at Hamilton PUD, all requirements have now been met for conditional acceptance of the water system improvements as constructed for the Hamilton PUD project located within the W % of Section 33, Township 7 North, Range 64 West of the 6th Prime Meridian, County of Weld, State of Colorado. As of the date of this letter, a one year warranty period shall commence on the subject water line improvements. The improvements are now also approved for service upon completion of a tap application and payment of all fees, costs and expenses and/or dedication of water, if required. During the one year warranty period, any repair or maintenance of the improvements shall be the responsibility of the developer. Please note that this approval is for water line improvements only, which includes all delivery lines and lines up to the meters. Individual water service from meters to each individual residence are not the responsibility of the District. Furthermore, please note that such conditional acceptance does not extend to any associated soils compaction. Final approval, dedication and acceptance of these improvements is then projected for District Manager Date Developer Date • 6 Weld County Planning Department r^ GREELEY OFFICE 7".. oNITED MAY 13 2002 �0 � UNITED POWER, INC. R �c E i vgg P.O. Box 929, Brighton, CO 80601 • Telephone:303-6 �s 1-8 db'8-8809 Fax:303-659-2172 • http://www.unitedpower.com MEMORANDUM May 10, 2002 To: WELD COUNTY UTILITY BOARD, c/o Donita May, Utility Board Secretary From: Al Trujillo, Senior Right Of Way Specialist REFERRAL NOTICE(S) 1111111 III 11111I1111111 .1 PLANNER CASE NO. PROJECT 1111111 III I I 11111 I I I I I I I SHERI LOCKMAN PF-1005 MASON VIEW P.U.D. I I J I I I I III I I I I I I I I I I I ( I I RESPONSE/RECOMMENDATIONS: NON-EXCLUSIVE UTILITY EASEMENTS I I I I I I I I I I I I I I I I I I I I I I I I I I 1. THIS DEVELOPMENT LIES OUTSIDE OF OUR SERVICE TERRITORY. I appreciate receiving preliminary plats from your agency. Enclosed is a map which identifies our service territory. Please let me know if I can be of further assistance on this matter and thank you for your help. I can be reached at 303-637-1241. 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E1n1i lbiai i Sf 441 - FIIII�IEI i9raupg\rnesilr -hail,,, a w ASY ,w vi`a : 1 tIllU iB t.,r1-� 1`NO '1iiira $hill, r, �i A.C. , atilt ■■■rr fliI:'/Ir_I 1iVEZ � i�, �ri►ti► �t' : !tli :I w' mall�l■I it iI ' n EIS 1. :t " A' l ` 'Tlpl '.!i . r��ti !i !ili! 88E'ti!i�,_ ��v��t�l:� _ I$Lq�iam�1L� alli i .i l!IriSuuii t. ��pppll*ji1.ppy'{t{�p�'i ,q1��u1l1 illI�;g�,�w I'_ a,....,o,- !,,,,,r 'I�iri ifll 'i'lb�be�a��a'A��AA�i�AWq�anntt 7Li4RA� itbydfQRfI 'tAW1AaSthu I°iotenwrA' t) b t H taints! fit 111''1 MINMOOM liii& Ills i :i �i nIIw �:r, i lsir,;.! � !� n.am�n, calf-4 utffi�h�z,>�{'!i I•:!a4i .' .wlx I.. lI$LtflhlE1 Ills_nail iFitte=iti t �ei aa� . 1 Ill�li Il �rr • r.,I �'� ullilnti :i= f'11 inm `^7UA'AY_ Ilium !` !tuc�;!r,uar�+e1 ! N,T.P.1�.*l d ,!'�,1. 17 i' r& ii it V l a :• . .' ; .:l hili$=•'•:'i ? '.•.I IRE �w. ii aiihaillill lllr .► t"' ll, MIN 1IiriaWINI(Illit '+r iteit(ellithhiiiWirrarl! r ieVr I[I�I,"""" '��{fj}` at-�:�.�� 11!Ia�■li ie/_■� �i!t!u rq !! nPIttau:. „ ilENI�iii[>Ot.aill ,`r1 tit{O t a �tinlfigile irri�i SIN! ILLgEtEYw ilillilk' i � wl■uan ir' I ll�:■,.11 '' U#1UEIifl • I 11111 111.4"q" l�i l:� y i hr 171 • I . • �C ,: 4:,::::::: A I t •• .I . . • I . limn fll.i :.°°a...,l llll. l1tlilltiluur HY. Hen. H.. H—. llllII MILItia�aalsk i . . IflIj, JFI ft G • I ii I1 op 0 �y 1�r _ F ii • 0 m COo [9�l,f�o . : , rrtt' .s,r/, ,I. • - li ■.0 iv. 4 4 ›.° 2 ! . 1 .f 'illmg do 4y4 a) W .' J1JI1L so ,W illy • , 111 . . . . - i rilP '0 v--4 rell • k i I 1 M f0w1 d it M i. a 7-0, PUBLIC SERVICE COMPANY OF COLORADO" •NEW CENFU(r(NEIGIES COM(dr Greeley Operations 1500 6th Avenue Greeley, Colorado 80631 Telephone 970.395.1240 Facsimile 970.395.1224 January 18, 2001 Mr. Percy Hamilton 36244 WCR-53 Eaton, CO 80615 RE: CREGS #00-149; Hamilton P.U.D. Dear Mr. Hamilton; Your cost for us to provide electrical service to the five rural lots that your are proposing is $9,895.00. This cost does not include transformers for these lots. This is due to the large size of the lots. Transformers must be placed within 300' of a home and we would not know the optimum location for the transformers relative to the homes. When the homes are constructed we will install the transformers for each lot so that they will adequately serve the houses. This will be an additional expense of about$3000 per lot. Service conductors from the transformers to the houses will add an additional charge, depending on the length. These charges can be borne by you or the individuals who purchase the lots. Sincerely, Larry E. Homan Planner Xcel Energy 970-395-1238 Hello