HomeMy WebLinkAbout20033295.tiff flitrog PUD FINAL PLAT
inkADMINISTRATIVE REVIEW
COLORADO
CASE
NUMBER: PF-1037
PLANNER: C. Gathman
APPLICANT: Stark Farm, LLC
ADDRESS: 223 N. College, Fort Collins, CO 80524
REQUEST: Stark Farm Planned Unit Development Final Plan (38 lots with Estate Uses)
LEGAL
DESCRIPTION: Part of the NE4 of Section 12, Township 7 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to WCR 37, South of and adjacent to WCR 84
ACRES: 89 +/-acres PARCEL#: 0707 12 000020
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 .
The proposed site is not influenced by any intergovernmental agreements or the Mixed Use
Development area.
The proposal is consistent with the aforementioned documents as follows:
1) Section 22-2-60.A,A.Goal 1 --"Conserve agricultural land for agricultural purposes
which foster the economic health and continuance of agriculture." Although the site
is designated as"Prime"by the 1979 U.S.D.A.Soil Conservation Service Map,the
lack of irrigation water has decreased its economic viability.
2) Section 22-2-60.B, A.Goal 2 — "Conversion of agricultural land to residential,
commercial and industrial development will be considered when the subject site is
located inside of a municipality's comprehensive plan area,urban growth boundary
area, or 1-25 Mixed Use Development area and urban development nodes."
Section 27-2-190 defines urban scale development as that development that either
exceeds nine (9) lots or is located within close proximity to existing PUDs,
subdivisions, municipal boundaries or urban growth boundaries. The subject site
is located within the Town of Ault Intergovernmental Agreement Boundary.
2003-3295
PF-1037, (Stark Farm, LLC) 1 )02_)5 112
3) Section 22-2-210.D.2,PUD.Policy 4.2"A planned unit development which includes
a residential use should provide common open space free of buildings, streets,
driveways or parking areas. The common open space should be designed and
located to be easily accessible to all the residents of the project and usable for
open space and recreation..." The proposed open space of 32.12 acres meets the
requirements of PUD.Policy 4.2.
4) Section 22-3-50.8.1, P.Goal 2"Require adequate facilities and services to assure
the health, safety, and welfare of the present and future residents of the County."
The application has satisfied Chapter 27 of the Weld County Code in regard to
water service. The development is proposed to be served by the North Weld
County Water District. The applicants have a water agreement with North Weld
County Water District to extend water lines to the development site.
B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will
conform with the performance standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code. An approved on site improvements agreement will
be required prior to recording the plat. All other Performance Standards have been
addressed.
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 lies within the Town of Ault
Intergovernmental Agreement area and the applicant is proposing an Urban Scale
Development. Weld County's Right To Farm has been attached to the Final Plat thus
informing any new residents that the area of the surrounding community is agricultural in
nature.
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. The North Weld
County Water District has indicated its ability and willingness to service this application.
Sewage disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.).
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.
The applicants have submitted an Improvements Agreement According Policy Regarding
Collateral for Improvements(Private Road Maintenance). The Improvements Agreements
and collateral will be required to be accepted by the Board of County Commissioners prior
to recording the plat.
F. Section 27-7-40.C.6— In the event the street or highway facilities 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 (Public Road
Maintenance) to address shoulder improvements on Weld County Road 37. The
Improvements Agreements and collateral will be required to be accepted by the Board of
County Commissioners prior to recording the plat. The Colorado Department of
Transportation in their May 1, 2001 and March 31, 2003 referrals indicated no comment.
PF-1037,(Stark Farm, LLC) 2
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. Effective January 1,2003,Building
Permits issued on the proposed lots will be required to adhere to the fee structure of the
Countywide Road Impact Fee Program.The site shall be developed in accordance with the
recommendations of the Colorado Geological Survey contained in their referral letter dated
March 9, 2000.
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
development guide.
This recommendation is based,in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request,and responses from referral agencies.
The Department of Planning Services'approval is conditional upon the following:
1. Prior to Recording the PUD Final Plat:
\ AO The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for Improvements
(Public Road Maintenance)including the form of collateral. The security for the Agreement
av) shall be tendered and accepted by the Board of County Commissioners. (Department of
Public Works)
11 The Board of County Commissioners shall review and approve the signed and dated
Improvements Agreement According to Policy Regarding Collateral for open space,
drainage and landscaping Improvements (Private Road Maintenance) including the form
of collateral. The security for the Agreement shall be tendered and accepted by the Board
of County Commissioners. (Department of Public Works)
f' The applicant shall submit a revised Landscape Plan that addresses the
comments/concerns outlined in the referral response dated March 25, 2003 from the
Department of Planning Services. The Landscape Plan shall be reviewed and approved
by the Department of Planning Services. (Department of Planning Services)
(D. ) The applicant shall submit to the Department of Public Works stamped, signed and dated
final plat drawings and roadway/construction plan drawings for review and approval.
Evidence of Department of Public Works approval shall be submitted to the Department of
Planning Services. (Department of Public Works)
The applicant shall prepare a construction detail for typical lot grading with respect to
drainage. Front, rear and side slopes around building envelopes must be addressed. In
addition,drainage for rear and side lit line swales shall be considered. Building envelopes
must be planned to avoid storm water flows, while taking into account adjacent drainage
mitigation. Evidence of Department of Public Works approval shall be submitted to the
Department of Planning Services. (Department of Public Works)
0 An executed agreement between the applicant and the Weld RE-9 School District
addressing the "cash-in lieu of land dedication fee" shall be submitted to the Department
of Planning Services. (Weld RE-9 School District)
PF-1037,(Stark Farm, LLC) 3
G. The applicant shall submit a signed and recorded Water Service Agreement between the
North Weld Water District and the applicant. (Department of Planning Services)
.Jr
/"H.) The applicant shall submit a signed and recorded agreement with the Cross-Cut Lateral
Ditch Company and/or provide evidence that the applicant has addressed all of the
requirements of the Cross-Cut Lateral Ditch Company outlined in their letter dated July 3,
2001. (Cross-Cut Lateral Ditch Company)
The applicant shall submit an digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
J. The Plat shall be amended to include the following:
1) The plat shall comply with Section 27-9-20 of the Weld County Code.(Department
of Planning Services)
2) The most recent version of Weld County's Right to Farm as listed in Section 22,
Appendix 22-E of the Weld County Code. (Department of Planning Services)
2) The existing County Road 37 30-foot right-of-way shall be verified by the applicant
and the documents creating the right-of-way noted on the final plat. If the right-of-
way cannot be verified, it will be dedicated on the final plat. (Department of Public
Works)
4) The existing County Road 84 30-foot right-of-way shall be verified by the
applicant and the documents creating the right-of-way noted on the final plat. If
the right-of-way cannot be verified, it will be dedicated on the final plat..
(Department of Public Works)
5) The applicant has not shown easements on the final plat. Easements shall be
shown and dimensioned in accordance with County standards and/or Utility
Board recommendations on the final plat. (Department of Public Works)
6) The ditch (Cross-Cut Lateral Ditch) must be labeled on the final plat. In addition,
the ditch easement must be shown and dimensioned. (Department of Public
Works)
7) The applicant must label the internal roadways on the final plat. (Department of
Public Works)
8) The approved Landscape Plan in compliance with Section 27-9-30 of the Weld
County Code. The Landscape Plan shows trees most likely within the sight
distance triangles. The trees must be removed or indicated outside of the site
distance triangles. The Landscape Plan must note all landscaping within the
intersection sight distance triangles must be less than 3.5 feet in height at
maturity and show the sight distance triangles. (Department of Public Works)
9) Lot 38 shall be increased to be at least 1 Net acre in size. (Department of Public
Health & Environment)
PF-1037, (Stark Farm, LLC) 4
10) Primary& replacement septic system envelopes shall be designated on the plat.
(Department of Public Health & Environment)
11) The trail system shall be designated on the final plat. (Department of Public
Health & Environment)
12) The three irrigation wells and all ditches which will be remaining should be
clearly labeled on the final plat. (Department of Public Health & Environment)
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 thirty eight(38) 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. The site shall be developed in accordance with the recommendations contained in the
geotechnical report and the recommendations of the Colorado Geological Survey
contained in their letter dated March 9, 2000. (Colorado Geological Survey)
C. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
D. The applicant shall utilize water from North Weld County Water District. (Department of
Public Health and Environment)
E. 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)
F. 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)
G. 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 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
(6) months in duration, the responsible party shall prepare a fugitive dust control plan,
submit an air pollution emissions notice, and apply for a permit from the Colorado
Department of Public Health and Environment. (Department of Public Health and
Environment)
PF-1037,(Stark Farm,LLC) 5
I. During the 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)
J. 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)
K. 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)
L. Potential Purchasers are hereby notified that a confined animal feeding operation (USR-
744)for a maximum of 4,000 head of cattle is located directly north and east of the
intersection of Weld County Roads 37 and 84. Off-site impacts that may be
encountered include noise from trucks, tractors and equipment; dust from animal pens
and odors from animal confinement, silage, and manure. (Deptartment of Planning
Services)
M. Weld County's Right to Farm, as stated on this plat, shall be recognized at all times.
(Dept. of Planning Services)
N. All signs, including entrance signs, shall require building permits. Signs shall adhere to
Section 23-4-80 and Section 27-6-90 of the Weld County Code. (Department of Planning
Services)
O. Outdoor storage shall be screened from public rights of ways, and adjacent properties.
(Department of Planning Services)
P. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Countywide Road Impact Program area. (Ordinance 2002-11)
Q. Electrical permits shall be obtained for any irrigation systems for the development.
(Department of Building Inspection)
R. Proper building permits shall be obtained prior to any construction or excavation. Building
permits shall be obtained prior to any buildings or structures being remodeled or
demolished. (Department of Building Inspection)
S. Building permits are required for dwellings and any accessory buildings being constructed
or moved onto the property. (Department of Building Inspection)
T. All buildings shall be engineered and will require an engineered foundation. Such
foundation design shall be based on a site-specific geotechnical report or an "open hole"
inspection made by a Colorado licensed engineer. (Department of Building Inspection)
U. No residential building permits are allowed within the open space areas designated as
Outlots A, B, C & D. (Department of Planning Services)
PF-1037,(Stark Farm,LLC) 6
V. Any signage located on the property shall require building permits and adhere to Sections
23-4-110 and 27-6-90 of the Weld County Code. (Department of Planning Services)
W. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
X. The site shall maintain compliance at all times with the requirements of Weld County
Government Personnel. (Department of Public Health & Environment, Dept. of Public
Works, Dept. of Planning Services)
Y. 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.
Z. 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.
AA. 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.
3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of 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. The applicant shall supply a designated street sign and stop sign at the appropriate
locations. (Department of Public Works)
B. The applicant shall supply evidence to the Department of Planning Services that all
requirements of the Ault Fire Protection District have been met.
PF-1037,(Stark Farm,LLC) 7
C. Effective January 1, 2003, Building Permits issued on lots in the Stark Farm PUD will be
required to adhere to the fee structure of the Countywide Road Impact Program Area.
(Department of Building Inspection)
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.
Date: May 2, 2002
Chris Gathman - Planner II - AICP
PF-1037,(Stark Farm,LLC) 8
.. _ .._ •..•."', raA ant 3; 3498 WELD PLANNING ^.,
Qti84
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
`
FOR PLANNING DEPARTMENT USE ONLY:
Case Number _
Zoning District ^—^ Application Fee: I
Date ~u- Receipt Number j
—� — Application Checked By:
Planner Assigned to Case: ` ___
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). y
I (we), the undersigned, hereby requests the Department of Planning Services to administrativery review thic
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Fria:
Plan of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION:: ee attached deed
(.'f additional spate is required, attach an additional sheet of this same size.) --`
PARCEL.NUMBE'rR: ' '�71200UU2C_i
NAME OF PROPOSED PUD SUBDIVISION n L• (12 digit number found on Tax i.D-or obtained in Assessors G!lice .
Vii.
EXISTING ZONING ?[� CHANGE OF ZONE CASE NUMBER
TOTAL AREA (APES)_ 162.5 TOTAL AREA(acres)OF COMMON OPEN SPA j r -
NO. OF PROPOSED f_OTS S� _LOT SIZE: AVERAGE 1 a r . _.
P MINIMUM 1 A r,'^`
UTILITIES: WATER: NAME North
SEWER: NAME SPADtToWe.1d
GAS: NAME Prr_, ane -
PHONE: NAME j -- ---__
ELECTRIC: NAME ------,.
DISTRICTS: SCHOOL: NAME Highland School Pi strict -_
FIRE: NAME
ENGINEERS NAME . i s, Hiller Woluiratl e _
ADDRESS - „o or�,., PHONE
_.—.....- PHONELE2-rte_...
SURFACE FEE 'l'?OPE Ty.owNER _SI QF AREAPROPOSED FOR PUD FINAL N:
TAB
NAME: _ S IG FA iZM u.6
ADDRESS. Z ?> N, Go u..._;-:4_,-...-_ HOME TELEPHONE:
NAME: - -/ FA21 GOGGI M_5- BUS. TELEPHONE: y?d- 416-74.i ;NAME:ADDREs_-- - . .-- --- _—.— HOME TELEPHONE:
- BUS. TELEPHONE:
APPLICANT Of AUTHORIZED AGENT if different than above :
NAME: - -. ' AlADDRESS: ". �'ro et' u'' HOME TE
RESS: LEPHONE. 97U-4 1--g5q ,
. •'. '•.i' BUS. TELEPHONE:
OW_NER(S1 AN :;
; _E_S OF MINERAL RIGHTS ON OR UNDER THE SUBJEC PROPERTIES:NAME: RK CA14M L LThZ3 N. Got,c.-61 : ForLT 6414.1/4$-�- -
Signatur : Owner or A r ed ent �/�'28
AdmiN
FISCHER & FISCHER, LLP
ATTORNEYS AT LAW
125 SoutH HOWEs,SUITE 900
GENE E.FISCHER,rc. POST OFFICE BOX 506 TELEPHONE(970)4824710
ERIK G.FISCHER,.s. FORT COLLINS,COLORADO FACSIMILE(970)482-4729
80522-0508
LISA R.MARKS
December 13, 2002
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Re: Stark Farms
Dear Sirs/Madames:
I represent Stark Farms,LLC which is the owner of a portion of Lot B,Recorded Exemption
No. 0707-12-IRE 2415, according to the map recorded April 19, 1999 at Reception No 2687972,
being a part of the North YA of Section 12, Township 7 North, Range 66 West of the 6th P.M.
C.R.S. 24-65.1-101, et seq., provides for notice to be given to any outstanding "Mineral
Estate Owner"when an application for development is made.
I have reviewed the records of the Weld County Clerk and Recorder as to this property and
there are no third party outstanding mineral owners. Under these circumstances,there is no mineral
estate that needs to be given notice. Stark Farms, LLC development is in full compliance of this
statute.
4cr
ubmitte ,
GEF:rr
February 26, 2003
M.iorge"on
Weld County Planning Department
1555 North 17th Ave.
Greeley, Colorado 80631
Dear Chris:
The Stark Farm PUD will be constructed in a single phase as soon as the
project is approved.
Sincerely,
Mikal Torgerson
rtkt
•
223 North College
fart Collins,CO 80524
970.416.7431
1.888.416.7431
fax:970.416.7435
Email:mikal@archilex.com
littp://www.arclatex.rom
POSTMASTER
LANA COZAD
122 1st Ave.
Ault, Co. 80610-9998
UNITED S ATES
POSTAL SERVICE
Date: February 27, 2003
To: Mikal Torgerson
223 N. College
Fort Collins, Co. 80524
Re: Plat for Approval of Street Names
Mike,
I have received your plat for the development on County Roads 37 and
84. I have no reservations on the names "Leif Lane" and "Jade Drive".
would like to request an updated plat after the county has assigned the
official numbers.
Sincerely,
Lana Cozad
Postmaster
Ault, Co. 80610-9998
122 1ST AVE
AULT,CO. 80610-9998
(970)834-2840 FAx: (970) 834-2393
grit
February 26, 2003
M.Torgerson
Weld County Planning Department mono
1555 North 17th Ave.
Greeley, Colorado 80631
Dear Chris:
Attached is the final plat application for Stark Farm. The project is a 38
unit single family subdivision with extensive common open space. The
final plat as submitted is exactly the same as the approved Change of
Zone plat recorded with Weld County. The final plan adheres to Section
27-7-30. In addition, the plan is in conformance with the conditions of
approval for the Change of Zone. Final street names have been
submitted to Weld County Sheriffs office, Ault-Pierce Fire department and
the Post office as required.
Sincerely,
‘,..e...47
o
Mikal Torgerson
rtkt
223 Norlh College
fort Collins,CO 80524
970 416.7431
1.888.416.7431
fax:970.4161435
freed:mikol@archifexeom
hflp://www.orchilex.cam
Road File#: Date:
RE# :
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name rip,ILK 1"f A.M City �Q/� Phone
1 CO
o4ZIp843¢
Address 213 hl. (/ALL :(�
2. Address or Location of Access N
Section 12_ Township 7 N Range 66\\i Subdivision Block Lot
Weld County Road#: 37 Side of Road '1V: 4-r Distance from nearest intersection 9 30 •
3. Is there an existing access(es) to the property? Yes X No #of Accesses I
4. Proposed Use:
❑ Permanent XL Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
.,,.*.***.***...******.............................****..__..******..:_..******_**__,_:._,************_........................*
5. Site Sketch
Legend for Access Description: A /
AG = Agricultural 6i I P`1
RES = Residential
O&G = Oil & Gas 'i
D.R. = Ditch Road
= House
O = Shed 3 14
NI At
A 6,
.......................................
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
APPLICATION ASSISTANCE AND OFFICE LOCATIONS
North Weld Building
Weld County Planning and Zoning 1555 N. 17th Avenue
Department of Planning Services Greeley, Colorado 80631
-15-
— �Feb • YS . 2UU3�IU bBAM'°' New Bankm ESTATE DEPT. No . 8369 P . 2/2:
81)1/4
1O.•
PHASE PHASE 1 .
MAI Appraised Value of ground: $2,300,000,00
Purchase 90 Acres
90 Acres land and 22 prepaid water taps $ 895,000.00
Centennial Bank Loan 645,000.00
Cash 250,000.00
Development Costs
Estimated cost to develop ground $1,250,000.00
Development Loan at 70% 875,000.00
Development Loan at 75% 937,500.00
Investors
One Unit costs$50,000.00
Guaranteed return of 10%on the$50,000.00
Also shall receive an additional 4%of final net profit
Number of investors shall be a minimum of five
Investors have no contingent liability
Sales
38 Lots will be sold at an average price of$75,000.00 each
Orosa income from sales$2,850,000.00
Projected Profit
Income from sales $2,850,000.00
Less Development Costs &Interest -2.403.500.00
Net Profit $ 446,500.00
Water Line Refunds + 85.000.00
•Estimated actual Profit S 521,500.00
Received Time Feb . 28. 10 : 44AM
Report Date: 02/27/2003 12:11PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R1604302
ASSESSED TO:
STARK FARMS LLC
314 PETERSON
FORT COLLINS, CO 80524
LEGAL DESCRIPTION:
PT NE4 12-7-66 PT LOT B REC EXEMPT RE-2415 DESC COM E4 COR NOD14'E 365.31'TO TPOB
NOD14'E 2280.63' N89D19'W 2431.62' S0D05'E 356.96' S31 D35'W 380.04'S51 D48'E 131.46' S44D57'E
208.74' S37D18'E 107.34' TO CURVE CONCAVE TO N 154.16' RADIUS=220'CHORD=S57D23'E 151.03'
S77D27'E 109.57'TO CURVE CONCAVE TO SW 123.17' RADIUS=206' CHORD=S60D19'E 121.34'
S43D12'E 252.36'TO CURVE CONCAVE TO N 165.59' RADIUS=250' CHORD= S62D10'E 162.58'
S81 D09'E 317.02' $65D35'E 74.60' S57D26'E 1503.37'TO POB (3.22R1.5D)
PARCEL: 070712100056 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 816.12 0.00 0.00 0.00 816.12
TOTAL TAXES 816.12
GRAND TOTAL DUE GOOD THROUGH 02/27/2003 816.12
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0903-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 232.03 AGRICULTUR 39,901 11,570
SCHOOL DIST RE9 35.287 408.27
NCW WATER 1.000 11.57 TOTAL 39,901 11,570
AULT FIRE 4.631 53.58
AIMS JUNIOR COL 6.316 73.08
WELD LIBRARY 3.249 37.59
TAXES FOR 2002 70.539 816.12
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
Loveland STEWART TITLE Greeley
3850 N. Grant Ave. MAIN OFFICE AND TITLE PLANT 3459 W. 20th Street
Loveland, CO 80538 3665 John F. Kennedy Parkway Suite 222
(970) 669-4071 Building 2, Suite 300 Greeley, CO 80634
Fax(970) 669-4078 Fort Collins, CO 80525 (970)356-5573
(970) 226-4399 Fax(970) 356-7058
Title Fax (970) 282-0822
Escrow Fax (970) 226-4499
January 08, 2003 ORDER NO. 200375764
RE:
STARK/STARK
RE/MAX FIRST ASSOCIATES, INC
215 W OAK SUITE 100
FORT COLLINS, CO 80521
FAX: 482-1720
ATTENTION: DAN WILSON e-mail bizfunding®msn.com
Original + 1 Copy
In connection with the above Order No. we are transmitting the following:
Title Commitment XX
Endorsement
Policy
Tax Certificate
Copies
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call--
EXAMINER: BECKY WATTS
SCHEDULE A
Order Number: 200375764
1. Effective date: December 18, 2002 at 7:45 A.N.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's 10-17-92 $
Proposed Insured:
(b) A.L.T.A. Loan 10-17-92 $
Proposed Insured:
(c) A.L.T.A. Loan 10-17-92 $
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
STARK FARMS, LLC, A Colorado Limited Liability Company
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Examiner: BECKY WATTS
Purported Address: STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued.
SCHEDULE A
Order Number: 200375764
LEGAL DESCRIPTION
A portion of Lot B, Recorded Exemption No. 0707-12-1-RE 2415, according to the
map recorded April 19, 1999 at Reception No. 2687972, being a part of the
North 1/2 of Section 12, Township 7 North, Range 66 West of the 6th P.M. ,
County of Weld, State of Colorado, being more particularly described as
follows:
Considering the East line of the Northeast 1/4 of said Section 12 as bearing
North 00°14'46" East and with all bearings contained herein relative thereto:
Commencing at the East 1/4 corner of said Section 12; thence along the East
line of said Northeast 1/4, North 00°14'46" East 365.31 feet to the TRUE POINT
OF BEGINNING of this description;
thence continuing along said East line, North 00°14'46" East 2280.63 feet to
the Northeast corner of said Section 12;
thence along the North line of said Northeast 1/4 North 89°19'59" West
2431.62 feet;
thence South 00°05'26" East 356.96 feet;
thence South 31°35'38" West 380.04 feet to the centerline of an existing
ditch;
thence along said centerline the following eleven (11) courses and distances:
1. South 51°48'39" East 131.46 feet:
2. South 44°57'25" East 208.74 feet;
3. South 37°18'34" East 107.34 feet;
4. 154.16 feet along the arc of a curve concave to the North, having a
radius of 220.00 feet, a central angle of 40°08'58", and the long chord which
bears South 57°23'03" East 151.03 feet;
5. South 77°27'32" East 109.57 feet;
6. 123.17 feet along the arc of a curve concave to the Southwest having a
radius of 206.00 feet, a central angle of 34°15'24", and the long chord which
bears South 60°19'50" East 121.34 feet;
7. South 43°12'08" East 252.36 feet;
8. 165.59 feet along the arc of a curve concave to the North, having a
radius of 250.00 feet, a central angle of 37°57'05`, and the long chord which
bears South 62°19'40" East 162.58 feet;
9. South 81°98'13" East 317.02 feet
10. South 65°35'59" East 74.60 feet;
11. South 57°26'05" East 1503.37 feet to the True Point of Beginning.
SCHEDULE B
Section 1
Order Number: 200375764
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) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to wit:
1. Record duly executed and approved Plat of subject property.
NOTE: STEWART TITLE RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR
EXCEPTIONS UPON REVIEW OF THE ABOVE REQUIREMENT.
2. Warranty Deed from Vested Owner, vesting fee simple title in purchaser.
3. Release of Deed of Trust dated MAY 10, 2002, executed by STARK FARMS, LLC, to
the Public Trustee of WELD County, to secure an indebtedness of $645,000.00, in
favor of CENTENNIAL BANK OF THE WEST, recorded MAY 16, 2002 at Reception No.
2951950.
4. Release of Deed of Trust dated NOVEMBER 22, 2002, executed by STARK FARMS, LLC,
to the Public Trustee of WELD County, to secure an indebtedness of
$1,550,000.00, in favor of NEW FRONTIER BANK, recorded NOVEMBER 27, 2002 at
Reception No. 3009474.
5. Release of that certain Mechanics Lien executed by SCHMIDT EARTH BUILDERS, INC.
in the amount of $250,458.00, recorded NOVEMBER 8, 2002 at Reception No.
3003968.
6. Payment of all taxes and assessments currently due and payable, if any.
7. Execution of the approved Lien Affidavit and its return to this office. (Lien
Affidavit sent to lender on new loan, and to closer on an assumption or cash
purchase.)
FOR CLOSING INFORMATION, PLEASE CALL THE FORT COLLINS OFFICE AT 226-4399.
SCHEDULE B
Section 2
Order Number: 200375764
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
I. 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. 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.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
7. Any and all unpaid taxes, assessments and unredeemed tax sales.
8. Right of Way for county roads 30 feet wide on either side of section and
township lines, as established by the Board of County Commissioners for Weld
County, recorded October 14, 1889 in Book 86 at Page 273.
9. Right-of-way, whether in fee or easement only, for construction and maintenance
of a lateral ditch, as granted to Charles M. Good by Olin King, recorded
December 17, 1900 in Book 130 at Page 434.
10. Right of the Proprietor of a Vein or Lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, and right-of-way for ditches or canals constructed by the
authority of the United States, as reserved in United States Patent recorded
October 12, 1906, in Book 132, at Page 140.
11. Right-of-way, whether in fee or easement only, for the Cross Cut Ditch, granted
in instrument recorded May 18, 1905 in Book 221 at Page 38.
12. Any question, dispute or adverse claims as to any loss or gain of land as a
result of any change in the river bed location by other than natural causes, or
alternation through accretion, reliction, erosion or avulsion of the center
thread, bank channel or flow of waters in the Cross Cut Lateral Ditch lying
within subject land and any question as to the location of such center thread,
bed, bank or channel as a legal description monument or marker for purposes of
describing or locating subject lands.
13. Terms, conditions, provisions, and stipulations as contained in Well
Maintenance Agreement recorded December 7, 1999 at Reception No. 2737013.
Continued on next page
Continuation of Schedule B - Section 2
Order Number: 200375764
14. Notes, easements and rights of way as shown on Recorded Exemption No.
0707-12-1-RE2415 recorded April 19, 1999 at Reception No. 2687972.
DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE
OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER S
AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH
DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE
COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title
entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was closed." Provided that Stewart Title of Larimer County, Inc. conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available(typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction
on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled
mechanic's and materialmen's liens.
D. The company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed
Indemnity agreements satisfactory to the company; and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE
FULLY SATISFIED.
Order No. 200375764
Disclosures(YSDD I Rev. 10/99
{ 4 )
STEWART TITLE GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
-- Information we receive from you, such as on applications or other forms.
-- Information about your transactions we secure from our files, or from our affiliates or others.
-- Information we receive from a consumer reporting agency.
-- Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
-- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
-- Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
File No. 200375764 Stewart Title of Lorimer County.Inc.
Privacy Policy Notice(Page I)
Rev.09/2001 (YPPN1)
c t
STEWART TITLE OF LARIMER COUNTY, INC.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Larimer County, Inc.
We may collect nonpublic personal information about you from the following sources:
-- Information we receive from you, such as on applications or other forms.
-- Information about your transactions we secure from our files, or from our affiliates or others.
-- Information we receive from a consumer reporting agency.
-- Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
-- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
-- Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
File No. 200375764 Stewart Title of Latimer County,Inc.
Privacy Policy Notice(Page 2)
Rev.07/2001 (YPPN2)
DISCLOSURE
Order No.: 200375764
To comply with the provisions of C.R.S. 10-I1-123, the Company makes the following disclosure:
(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.
Note:
File No. 200375764 Stewart Tide of Latimer County,Inc.
Disclosure
Rev.0712001 (YDISCLOSE)
DEED OF DEDICATION
Stark Farms, LLC, 5814 Watson Drive, Fort Collins, Colorado 80528, dedicates and
conveys to the County of Weld, Colorado, 1555 North 17`h Avenue, Greeley, Colorado 80631,
for public use and forever, the roads as described on the attached legal description.
Dated and signed this /1)da�January, 2003.
STARK FARMS, LLC
BY:
71,6)Ltdr_
eonard C. WI son, Manager
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
The foregoing document was acknowledged before me this_day of January, 2003,by Leonard C.
Wilson,Manager of Stark Farms,LLC /
Witness my hand and isrl 1. My commission expires: ' '-_ `/�—� 3
t
9BLIc
(seal) Jrv' )
tt P' OO iGC �I (( o
pl 414 Nbtary Public �
STATE
FISCHER&FISCHER,LLC,PO BOX 506,FORT COLLINS, COLORADO 80522
LEGAL DESCRIPTION OF ROADS IN STARK FARMS PUD
A parcel of land situate in the Northeast quarter of Section 12, Township 7 North, Range
66 West, of the 61° P.M., County of Weld, State of Colorado, and being more particularly
described as follows:
Considering the East line of said Northeast quarter of Section 12 as bearing South
00°14'46"West and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 12; thence along the East line of
said Northeast quarter, South 00°14'46"West 889.78 feet; thence North 89°45'14"West
30.00 feet to the West right of West of Weld County Road 37, said point also being the
TRUE POINT OF BEGINNING of this description; thence North 89°45'14" West 280.05
feet; thence 327.37 feet along the arc of a curve concave to the North, having a radius of
650.00 feet, a central angle of 28°51'25", and the long chord which bears North
75°19'32"West 323.92 feet; thence North 60°53'50" West 620.39 feet; thence 782.36
feet along the arc of a curve concave to the South, having a radius of 782.36 feet, a
central angle of 82°14'57", and the long chord which bears South 77°58'41" West 716.89
feet; thence South 36°51'13"West 125.62 feet; thence 151.33 feet along the arc of a
curve concave to the East, having a radius of 770.00 feet, a central angle of 11°15'37",
and the long chord which bears South 31°13'24"West 151.09 feet to a point of reverse
curvature; thence 28.64 feet along the arc of a curve concave to the Northwest, having a
radius 30.00 feet, a central angle of 54°42'07", and the long chord which bears South
52°56'39"West 27.57 feet to a point of reverse curvature; thence 196.47 feet along the
arc of a curve concave to the East, having a radius 84.00 feet, a central angle of
134°00'30", and the long chord which bears South 13°17'28" West 154.65 feet; thence
non-tangent to the last described curve, South 12°29'35" West 20.27 feet; thence South
77°27'32" East 6.25 feet; thence 54.39 feet along the arc of a curve concave to the
South, having a radius of 206.00 feet, a central angle of 15°07'38", and the long chord
which bears South 69°53'43" East 54.23 feet; thence non-tangent to the last described
curve, North 12°29'35" East 24.48 feet; thence 176.55 feet along a non-tangent curve
concave to the West, having a radius of 84.00 feet, a central angle 120°25'17", and the
long chord which bears North 24°10'21" East 145.80 feet to a point of reverse curvature; .
thence 32.59 feet along the arc of a curve concave to the East, having a radius of 30-00
feet, a central angle of 62°14'37", and the long chord which bears North 04°54'59" West
31.01 feet to a point of reverse curvature; thence 131.95 feet along the arc of a curve
concave to the Southeast, having a radius 710.00 feet, a central angle 10°38'53", and
the long chord which bears North 31°31'46" East 131.76 feet; thence North 36°51'13"
East 125.62 feet; thence 391.97 feet along the arc of curve concave to the South, having
a radius of 485.00 feet, having a central angle of 46°18'22", and the long chord which
bears North 65°41'13" East 381.39 feet; thence non-tangent to the last described curve,
South 00°00'00"West 40.16 feet; thence 1507.16 feet along the arc of a curve concave
to the Northeast, having a radius 1260.00 feet, a central angle of 68°32'06", and the long
chord which bears South 34°16'03" East 1418.90 feet; thence non-tangent to the last
described curve, South 21°27'23"West 142.62 feet; thence South 57°26'05" East 61.15
feet; thence North 21°27'23" East 155.83 feet; thence 412.02 feet along the arc of a non-
tangent curve concave to the North, having a radius of 1260.00 feet, a central angle of
18°44'08", and the long chord which bears South 80°37'56" East 410.18 feet; thence
North 90°00'00" East 146.47 feet to a point on the West right-of-way of Weld County
Road 37; thence along said West right-of-way, North 00°14'46" East 60.00 feet; thence
South 90°00'00"West 146/3 feet; thence 1884.96 feet along the arc of a curve concave
to the Northeast, having a radius of 1200.00 feet, a central angle of 90°00'00", and the
long chord which bears North 45°00'00"West 1697.06 feet; thence North 00°00'00" East
37.65 feet; thence 196.08 feet along the arc of a non-tangent curve concave to the
South, having a radius of 485.00 feet, a central angle of 23°09'50", and the long chord
which bears South 72°28'45" East 194.75 feet; thence South 60°53'50" East 620.39 feet;
thence 357.59 feet along the arc of a curve concave to the North, having a radius of
710.00 feet, a central angle of 28°51'25", and the long chord which bears South
75°19'32" East 353.82 feet; thence South 89°45'14" East 280.05 feet to a point on the
West right-of-way of Weld County Road 37; thence along said West right-of-way, North
00°14'46" East 60.00 feet to the true point of beginning. The above described parcel
contains 6.78 acres more or less.
.1
NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION.
CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
STARK FARM P.U.D.
(a Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR STARK FARM P.U.D. is made and entered into this day of
2002, by COLORADO ELK RANCH, LLLP, a Colorado limited liability limited partnership
("the Declarant").
RECITALS
A. The Declarant is the owner of that certain real property located in the County
of Weld, State of Colorado legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Real Estate").
B. The Declarant desires to create a Common Interest Community on the Real
Estate, pursuant to the Colorado Common Interest Ownership Act, Section 38-33.3-101, et
seq., Colorado Revised Statutes, as it may be amended from time to time ("the Act"), in which
portions of the Real Estate will be designated for separate ownership and the remainder of
which will be owned by an Association of Lot Owners.
C. STARK FARM HOMEOWNERS ASSOCIATION (a Colorado nonprofit
corporation)has been incorporated under the laws of the State of Colorado for the purpose of
exercising the functions herein set forth.
ARTICLE I. SUBMISSION OF REAL ESTATE
The Declarant hereby publishes and declares that the Real Estate shall be held, sold,
conveyed, transferred, leased, subleased, and occupied subject to the following easements,
covenants, conditions, and restrictions which shall run with the Real Estate and shall be
binding upon and inure to the benefit of all parties having any right, title, or interest in the
1
r r•
Real Estate or any portion thereof their hefts, personal representatives, successors, and
assigns. Additionally, the Declarant hereby submits the Real Estate to the provisions of the
Act. In the event the Act is repealed, the Act on the date this Declaration is recorded in the
office of the Clerk and Recorder of Weld County, Colorado, shall remain applicable.
ARTICLE II. DEFINITIONS
Section 1: "Allocated Interests" shall mean and refer to the Common Expense
Liability and votes in the Association.
Section 2: "Approval" or "Consent" shall mean securing the prior written approval or
consent as required herein before doing, making, or suffering that for which such approval or
consent is required.
Section 3: "Architectural Control Committee" shall mean and refer to the committee
established to review and approve plans for the construction of improvements on Lots as set
forth in Article IX of this Declaration.
Section 4: "Architectural Guidelines" shall mean and refer to any and all guidelines
adopted by the Architectural Control Committee pursuant to Article IX, Section 4, of this
Declaration.
Section 5: "Association" or "Lot Owners' Association" shall mean and refer to
STARK FARM HOMEOWNERS ASSOCIATION (a Colorado nonprofit corporation), its
successors and assigns, organized and existing under the laws of the State of Colorado and
specifically Section 38-33.3-301 of the Act.
Section 6: "Board" shall mean and refer to the Board of Directors of the Association.
The teen "Board" as used in this Declaration shall have the same meaning as the term
"Executive Board" as used in the Act.
Section 7: "Bylaws" shall mean and refer to any instruments, however denominated,
which are adopted by the Association for the regulation and management of the Association,
including amendments to those instruments.
Section 8: "Common Elements" shall mean and refer to any real estate or real
property interests within the Common Interest Community owned by the Association, other
than a Lot, and other assets of the Association.
2
Section 9: "Common Expense Liability" shall mean and refer to the liability for
Common Expenses allocated to each Lot pursuant to this Declaration.
Section 10: "Common Expenses" shall mean and refer to expenditures made or
liabilities incurred by or on behalf of the Association, together with any allocations to
reserves. These expenses for the operation of the Common Interest Community include, but
are not limited to:
(a) Expenses of administering, maintaining, repairing, improving, insuring, or
replacing the Common Elements.
(b) Expenses declared to be Common Expenses by the Declaration.
(c) Expenses agreed upon as Common Expenses by the Association.
(d) Such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement, or
addition to the Common Elements or any other real or personal property
acquired or held by the Association.
Section 11: "Common Interest Community" shall mean and refer to the Real Estate
described on Exhibit "A" attached hereto and incorporated herein by reference.
Section 12: "County" shall mean and refer to the Board of County Commissioners of
Weld County, Colorado.
Section 13: "Declarant" shall mean and refer to COLORADO ELK RANCH, LLLP,
or any other Person or group of Persons acting in concert who:
(a) As a part of a common promotional plan, offer to dispose of to a
Purchaser such Declarant's interest in a Lot not previously disposed of to a
Purchaser; or
(b) Reserve or succeed to any Special Declarant Right.
Section 14: "Declaration" shall mean and refer to this Declaration, including any
amendments hereto and also including, but not limited to, plats of the Real Estate recorded in
the Clerk and Recorder's office of Weld County, Colorado.
3
Section 15: "Improvement Agreement" shall mean and refer to the Improvement
Agreement for STARK FARM P.U.D. dated , 2002, made and entered into
by and between the County, the Declarant, and the Association, and recorded in the office of
the Clerk and Recorder of Weld County, Colorado prior to the recording of this Declaration.
Section 16: "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of
any legal or equitable interest in a Lot, but the term does not include the transfer or release of
a security interest.
Section 17: "Documents" shall mean and refer to this Declaration, the Plat, the
Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and Regulations of the
Association, as supplemented or amended from time to time, the Improvement Agreement.
Section 18: "Identifying Number" shall mean and refer to a symbol or address that
identifies only one (1) Lot in the Common Interest Community.
Section 19: "Insurer" shall mean and refer to any governmental agency or authority
that insures or guarantees a Mortgage and that has provided actual written notice of such
interest to the Association. Recording of a mortgage, deed of trust, or other security interest
in the office of the Clerk and Recorder of Weld County, Colorado, shall not be considered
actual written notice to the Association of a security interest.
Section 20: "Lot" shall mean and refer to a physical portion of the Common Interest
Community which is designated for separate ownership or occupancy and the boundaries of
which are described in or determined from the Plat. The term "Lot" as used in this
Declaration shall have the same meaning as the term "Unit" as used in the Act.
Section 21: "Owner" shall mean and refer to any Person who owns a Lot but does not
include a Person having an interest in a Lot solely as security for an obligation. The
Declarant is the Owner of any Lot created in the Declaration until that Lot is conveyed to
another Person. The term "Owner" as used in this Declaration shall have the same meaning
as the term "Unit Owner" as used in the Act.
Section 22: "Mortgagee" shall mean and refer to any Person who has a Security
Interest in a Lot and who has provided actual written notice of such interest to the
Association. Recording of a mortgage, deed of trust, or other security interest in the office of
the Clerk and Recorder of Weld County, Colorado, shall not be considered actual written
notice to the Association of a security interest.
4
Section 23: "Notice" shall mean and refer to any notice required or desired to be
given pursuant to the Documents. Unless otherwise provided in the Documents, all
notices shall be in writing and may be personally delivered; mailed, certified mail, return
receipt requested, sent by telephone facsimile with a hard copy sent by regular mail; sent
by a nationally recognized, receipted overnight delivery service, including, by example
and not limitation, United Parcel Service, Federal Express, or Airborne Express; or sent
by electronic mail. Any such notice shall be deemed given when personally delivered; if
mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if
sent by telephone facsimile or electronic mail, on the day sent if sent on a business day
during normal business hours of the recipient or on the next business day if sent at any
other time; or if sent by overnight delivery service, one (1) business day after deposit in
the custody of the delivery service. The addresses and telephone numbers for the
mailing, transmitting, or delivering of notices shall be as set forth in the books and
records of the Association. Notices of a change of address shall be given in the same
manner as all other notices as hereinabove provided.
Section 24: "Person" shall mean and refer to a natural person, a corporation, a limited
liability company, a partnership, an association, a trust, or any other entity or combination
thereof.
Section 25: "Plat" shall mean and refer to the Plat of the Real Estate, designated as
STARK FARM P.U.D., recorded in the office of the Clerk and Recorder of Weld County,
Colorado, and all recorded amendments thereto.
Section 26: "Purchaser" shall mean and refer to a Person, other than the Declarant,
who, by means of a transfer, acquires a legal or equitable interest in a Lot, other than:
(a) A leasehold interest in a Lot of less than forty (40) years, including
renewal options, with the period of the leasehold interest, including
renewal options, being measured from the date the initial term
commences; or
(b) A Security Interest.
Section 27: "Real Estate" shall mean and refer to the Real Estate described on Exhibit
"A" attached hereto and incorporated herein by reference.
5
Section 28: "Residence" shall mean and refer to a single-family residential dwelling
constructed on a Lot.
Section 29: "Residential Use" shall mean and refer to use of a Residence as a dwelling
by a single family.
Section 30: "Rules and Regulations" shall mean and refer to any instruments, however
denominated, which are adopted by the Association for the regulation and management of the
Common Interest Community, including any amendment to those instruments.
Section 31: "Security Interest" shall mean and refer to an interest in real property
created by contract or conveyance which secures payment or performance of an obligation if
the Association is given actual written notice of such interest. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales
contract, lease intended as security, assignment of lease or rents intended as security, pledge
of an ownership interest in an association, and any other consensual lien or title retention
contract intended as security for an obligation of which the Association has been given actual
written notice. "First Security Interest" shall mean and refer to a Security Interest in a Lot of
which the Association has been given actual written notice prior to all other Security Interests
except the Security Interest for real property taxes and assessments made by Weld County,
Colorado, or other governmental authority having jurisdiction over the Common Interest
Community. The recording of any document or instrument in the office of the Clerk and
Recorder of Weld County, Colorado, shall not be considered notice to the Association of any
Security Interest created by the recording of such document or instrument.
Section 32: "Single-family" shall mean and refer to any individual or group of persons
related by blood or marriage or any unrelated group of not more than five (5) persons living
together in a Residence.
Section 33: Unless the context clearly indicates otherwise, other terms defined in the
Act shall have the meanings attributable to such terms in the Act.
Section 34: Other terms in this Declaration may be defined in specified provisions
contained herein and shall have the meaning assigned by such definition.
6
ARTICLE III. COMMON INTEREST COMMUNITY
Section 1: Name. The name of the Common Interest Community is STARK FARM
P.U.D.
Section 2: Association. The name of the Association is STARK FARM HOME-
OWNERS ASSOCIATION.
Section 3: Planned Community. The Common Interest Community is a planned
community.
Section 4: County. The name of every county in which any part of the Common
Interest Community is situated is Weld County, Colorado.
Section 5: Legal Description. A legal description of the Real Estate included in the
Common Interest Community is set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
Section 6: Maximum Number of Lots. The maximum number of Lots that the
Declarant reserves the right to create within the Common Interest Community is eighty (80).
Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat of
the Real Estate. The Plat sets forth the Lot's Identifying Number.
Section 8: Allocated Interests. The Common Expense Liability and votes in the
Association shall be allocated among the Owners as follows:
(a) Each Owner's share of the Common Expenses shall be a fraction, the
numerator of which shall be one (1) and the denominator of which shall
be the total number of Lots within the Common Interest Community.
(b) Each Owner shall be entitled to one (1) vote for each Lot owned.
Section 9: Recording Data. All easements and licenses to which the Common Interest
Community is presently subject are shown on the Plat and on Exhibit "B" attached hereto. In
addition, the Common Interest Community may be subject to other easements or licenses
granted by the Declarant pursuant to the terms of this Declaration.
7
ARTICLE IV. ASSOCIATION
Section 1: Membership. Every Owner of a Lot which is subject to assessment shall
be a Member of the Association. The foregoing is not intended to include Persons who hold
an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is subject to
assessment by the Association. Ownership of such Lot shall be the sole qualification for
membership. The Association does not contemplate pecuniary gain or profit to the Members
thereof, and the specific purposes for which it is formed are as follows: (a) to operate the
Common Interest Community known as STARK FARM P.U.D. located in Weld County,
Colorado, in accordance with the Act, as amended, and the Colorado Nonprofit Corporation
Act, as amended; (b) to promote the health, safety, welfare, and common benefit of the
residents of the Common Interest Community; and (c) to do any and all permitted acts, and to
have and exercise any and all powers, rights, and privileges which are granted to a common
interest community association under the laws of the State of Colorado, this Declaration, and
the Bylaws, Architectural Guidelines, Rules and Regulations, and other governing documents
of the Association.
Section 2: Voting Rights and Assignment of Votes. The effective date for assigning
votes to Lots created pursuant to this Declaration shall be the date on which this Declaration
is recorded in the records of the Clerk and Recorder of Weld County, Colorado.
Section 3: Allocated Interests. The Common Expense Liability and votes in the
Association allocated to each Lot are set forth as follows:
(a) The percentage of liability for Common Expenses shall be allocated on the
basis of equal liability for each Lot; and
(b) The number of votes in the Association shall be allocated on the basis of
one (1)vote for each Lot.
Section 4: Authority. The business and affairs of the Common Interest Community
shall be managed by the Association. The Association shall be governed by this Declaration
and the Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and
Regulations of the Association, as amended from time to time.
8
Section 5: Powers. The Association shall have all of the powers and authority
permitted pursuant to the Act necessary and proper to manage the business and affairs of the
Common Interest Community.
Section 6: Declarant Control. The Declarant, or persons designated by the Declarant,
may appoint and remove the officers and members of the Board of the Association for a
period of ten (10) years after this Declaration is recorded in the office of the Clerk and
Recorder of Weld County, Colorado. The period of Declarant control as herein set forth is
subject to the limitations of Section 38-33.3-303(5) of the Act.
Section 7: Board Powers and Duties. The Board may act in all instances on behalf of
the Association. The Board shall have, subject to the limitations contained in this Declaration
and the Act, the powers and duties necessary for the administration of the affairs of the
Association and of the Common Interest Community, which shall include, but not be limited
to, the following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations.
(c) Adopt and amend budgets for revenues, expenditures, and reserves.
(d) Collect Common Expense assessments from Lot Owners.
(e) Hire and discharge Managers.
(f) Hire and discharge independent contractors, employees, and agents, other
than Managers.
(g) Institute, defend, or intervene in litigation or administrative proceedings or
seek injunctive relief for violation of the Documents in the Association's
name, on behalf of the Association, or two (2) or more Lot Owners on any
matters affecting the Common Interest Community.
(h) Make contracts and incur liabilities.
(i) Regulate the use, maintenance, repair, replacement, and modification of
the Common Elements.
9
(j) Provide for the maintenance, repair, replacement, and improvement of
public roads and streets within the Common Interest Community.
(k) Provide for performance by the Association of its duties and
responsibilities under the Improvement Agreement.
(I) Cause additional improvements to be made as a part of the Common
Elements.
(m) Acquire, hold, encumber and convey in the Association's name, any right,
title, or interest to real estate or personal property, but the Common Ele-
ments may be conveyed or subjected to a Security Interest only pursuant
to this Declaration and the Act.
(n) Grant easements for any period of time, including permanent easements,
leases, licenses, and concessions through or over the Common Elements,
subject to the restrictions and limitations of this Declaration and the Act.
(o) Impose and receive a fee or charge for the use, rental, or operation of the
Common Elements and for services provided to Lot Owners.
(p) Impose a reasonable charge for late payment of assessments and levy a
reasonable fine for violation of the Documents.
(q) Impose a reasonable charge for the preparation and recordation of
supplements or amendments to this Declaration and for statements of
unpaid assessments.
(r) Provide for the indemnification of the Association's officers and the Board
and maintain directors' and officers' liability insurance.
(s) Assign the Association's right to future income, including the right to
receive Common Expense assessments, but only upon the affirmative vote
of the Owners of Lots to which at least fifty-one percent (51%) of the
votes in the Association are allocated, at a meeting called for that purpose.
(t) Exercise any other powers conferred by the Documents.
10
(u) Exercise any other power that may be exercised in the State of Colorado
by a legal entity of the same type as the Association.
(v) Exercise any other power necessary and proper for the governance and
operation of the Association.
(w) By resolution, establish permanent and standing committees of Board
members to perform any of the above functions under specifically
delegated administrative standards as designated in the resolution
establishing the committee. All committees established by the Board must
maintain and publish notice of their actions to Lot Owners and the Board.
Actions taken by any committee established by the Board may be
appealed to the Board by any Lot Owner within forty-five (45) days of
publication of a notice. If an appeal is made, the committee's action must
be ratified, modified, or rejected by the Board at its next regular meeting.
Section 8: Professional Management and Contract Termination Provisions. The
Association may utilize professional management in performing its duties hereunder. Any
agreement for professional management of the Association's business shall have a maximum
term of three (3) years and shall provide for termination by either party thereto, with or
without cause and without payment of a termination fee, upon sixty (60) days' prior written
notice. Any contracts, licenses, or leases entered into by the Association while there is
Declarant control of the Association shall provide for termination by either party thereto, with
or without cause and without payment of a termination fee, at any time after termination of
Declarant control of the Association, upon sixty (60) days' prior written notice; provided,
however, that any contract entered into at any time by the Association providing for services
of the Declarant shall provide for termination at any time by either party thereto, without
cause and without payment of a termination fee, upon sixty(60) day's prior written notice.
Section 9: Board Limitations. The Board may not act on behalf of the Association to
amend this Declaration, to terminate the Common Interest Community, or to elect members of
the Board or determine their qualifications, powers, and duties or terms of office of Board
members, but the Board may fill vacancies in its membership for the unexpired portion of any
term.
Section 10: Owner's Negligence. Notwithstanding anything to the contrary contained
in this Declaration in the event that the need for maintenance or repair of the Common
11
Elements or any improvements located thereon is caused by the willful or negligent act,
omission, or misconduct of any Lot Owner or by the willful or negligent act, omission, or
misconduct of any member of such Lot Owner's family or by a guest, invitee, employee,
agent, contractor, or subcontractor of such Lot Owner or any tenant or member of a tenant's
family, the costs of such repair and maintenance shall be the personal obligation of such Lot
Owner, and any costs, expenses, and fees incurred by the Association for such maintenance,
repair, or reconstruction shall be added to and become part of the assessment to which such
Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this
Declaration. A determination of the willful or negligent act, omission, or misconduct of any
Lot Owner or any member of a Lot Owner's family or a guest, invitee, employee, agent,
contractor, or subcontractor of any Lot Owner or tenant or member of a tenant's family and
the amount of the Lot Owner's liability therefor shall be determined by the Board after notice
to the Lot Owner and the right to be heard before the Board in connection therewith.
Section 11: Indemnification. To the full extent permitted by law, each officer and
member of the Board of the Association and each member of the Architectural Control
Committee shall be and are hereby indemnified by the Association against all expenses and
liabilities, including attorney's fees, reasonably incurred by or imposed upon them in any
proceeding to which they may be a party or in which they may become involved by reason of
their being or having been an officer or member of the Board or Architectural Control
Committee of the Association, or any settlement thereof, whether or not they are an officer or
a member of the Board or Architectural Control Committee of the Association at the time
such expenses are incurred, except in such cases where such officer or member of the Board
or Architectural Control Committee is adjudged guilty of willful misfeasance or malfeasance
in the performance of his or her duties; provided that in the event of a settlement, the
indemnification shall apply only when the Board approves such settlement and
reimbursement as being in the best interests of the Association.
Section 12: Dissolution. The Association may not be dissolved (and this Section 12
may not be amended) without the approval of the County.
ARTICLE V. SPECIAL DECLARANT RIGHTS
Declarant hereby reserves the right for a period of ten (10) years after this Declaration
is recorded in the office of the Clerk and Recorder of Weld County, Colorado, to perform the
12
acts and exercise the rights hereinafter specified ("the Special Declarant Rights"). Declarant's
Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements
indicated on the Plat and/or in the Development Plan.
(b) Sales Management and Marketing. The right to maintain one (1) sales
office, one (1) management office, signs advertising the Common Interest
Community, and model Residences. The Declarant shall have the right to
determine the number of model Residences and the size and location of
the sales office, management office, and model Residences. The Declar-
ant shall also have the right to relocate the sales office, management
office, and model Residences from time to time, at the Declarant's discre-
tion. After the Declarant ceases to be the Owner of a Lot, the Declarant
shall have the right to remove any sales office or management office from
the Common Interest Community.
(c) Construction Easements. The right to use easements within the Common
Interest Community for the purpose of making improvements within the
Common Interest Community.
(d) Control of Association and Board. The right to appoint or remove any
officer of the Association or any Board member.
(e) Dedications. The right to establish, from time to time, by dedication or
otherwise, access, utility, and other easements over, across, and upon the
Common Elements for purposes including, but not limited to, paths,
walkways, and drainage, and to create other reservations, exceptions, and
exclusions over, across, and upon the Common Elements for the benefit of
and to serve the Lot Owners and the Association consistent with the
Management Plan.
ARTICLE VI. ASSESSMENT FOR COMMON EXPENSES
Section 1: Personal Obligation of Owners for Common Expenses. The Declarant, for
each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed
13
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association Common Expense assessments imposed by the Association to
meet the estimated Common Expenses.
Section 2: Purpose of Assessment. The assessments levied by the Association shall
be used exclusively to promote the recreation, health, safety, and welfare of the Owners; for
the improvement and maintenance of the Common Elements; for the payment of the costs and
expenses of maintaining the roads within the Common Interest Community; and for the
payment of the costs and expenses of the performance of the Association's duties and
responsibilities under the Improvement Agreement and Management Plan.
Section 3: Amount of Assessment. The amount of the assessment for the estimated
Common Expenses which shall be paid by each Owner shall be determined by dividing the
aggregate sum the Association reasonably determines to be paid by all Owners by the total
number of Lots within the Common Interest Community, and the Owner of each Lot shall pay
his proportionate share of such aggregate sum.
Section 4: Maximum Annual Assessment. Until Jannaty 1 of the year immediately
following the date of commencement of annual assessments, the maximum annual assessment
shall be Dollars ($ )per Lot.
(a) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased effective January 1 of each year without a vote of the
membership in conformance with the rise, if any, of the Consumer Price
Index for the Denver/Boulder region (published by the Department of
Labor, Washington, D.C.) for the preceding month of July.
(b) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased above that established by the Consumer Price Index
formula by a vote of the Owners for the next succeeding two (2) years,
and at the end of each such period of two (2) years, for each succeeding
period of two (2) years, provided that any such change shall have the
assent of two-thirds (2/3) of the votes of the Owners who are voting in
person or by proxy at a meeting duly called for this purpose. The
limitations hereof shall not apply to any change in the maximum and basis
14
of the assessments undertaken as an incident to a merger or consolidation
in which the Association participates.
(c) The Board may fix the annual assessment at an amount not in excess of
the maximum.
Section 5: Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part,
payment of any operating deficit and/or unbudgeted cost, the cost of any construction,
reconstruction, repair, or replacement of a capital improvement upon the Common Elements,
including fixtures and personal property related thereto, and the cost of any construction,
reconstruction, repair, or replacement of any street or road within the Common Interest
Community; provided that any such Special Assessment shall have the assent of two-thirds
(2/3) of the votes of the Owners who are voting in person or by proxy at a meeting duly called
for this purpose at which a quorum is present.
Section 6: Notice and Quorum for any Action Authorized Under Sections 4 and 5.
Notice of any meeting called for the purpose of taking any action authorized under Section 4
or 5 shall be given to all Owners not less than thirty(30) days nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of Owners or of
proxies entitled to cast sixty percent (60%) of all the votes of the Owners shall constitute a
quorum. If the required quorum is not present, another meeting may be called, subject to the
same notice requirement, and the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty(60) days following the preceding meeting.
Section 7: Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and shall be collected on a monthly basis.
Section 8: Date of Commencement of Annual Assessments; Due Dates. The Board
shall fix the amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. Annual assessments shall be collected in twelve (12)
equal monthly installments. Omission or failure to fix an assessment or deliver or mail a
statement for any period shall not be deemed a waiver, modification, or release of a Lot
Owner from his or her obligation to pay the same.
15
Section 9: Exempt Property. The following property subject to the Declaration shall
be exempted from the assessments, charges, and liens created herein:
(a) All properties to the extent of any easement or other interest therein
dedicated and accepted by a municipal or quasi-municipal corporation or
other local public utility or authority and devoted to public use.
(b) All Common Elements.
Section 10: Record of Receipts and Expenditures. The Association shall keep
detailed and accurate records in chronological order of all of its receipts and expenditures,
specifying and itemizing the maintenance and repair of the Common Elements and the roads
and streets within the Common Interest Community and any other expenses incurred. Such
records shall be available on request for examination by the Lot Owners and others with an
interest, such as prospective lenders.
Section 11: Notice to Security Interest. Upon the request of a holder of a First
Security Interest on a Lot, and upon payment of reasonable compensation therefor, the
Association shall report to such party any unpaid assessment or other defaults under the terms
of this Declaration which are not cured by the Lot Owner within sixty (60) days after written
notice of default given by the Association to the Lot Owner.
Section 12: Certificate of Status of Assessments. The Association, upon written
request to the Association, and upon payment of a reasonable fee, shall furnish to a Lot
Owner or such Lot Owner's designee, to a holder of a Security Interest or its designee, or to a
closing agent handling the closing of the sale or financing of the Owner's Lot a statement, in
recordable form, setting out the amount of the unpaid Common Expense assessments against
the Lot. The statement must be furnished within fourteen (14) business days after receipt of
the request and is binding on the Association, the Board, and each Lot Owner as of the date of
its issuance.
Section 13: Common Expenses Attributable to Fewer than All Lots. The following
Common Expenses may be chargeable to fewer than all Lots:
(a) If a Common Expense is caused by the misconduct of a Lot Owner, the
members of such Owner's family, or such Owner's guests, invitees,
employees, agents, contractors, subcontractors, or tenants, the Association
may assess that expense against that Lot Owner and such Owner's Lot.
16
(b) Fees, charges, taxes, impositions, late charges, fines, collection costs, and
interest charged against a Lot Owner for nonpayment of assessments or
violation of the Documents are enforceable as Common Expense assess-
ments against such Owner's Lot.
Section 14: Reserve Account. Until January 1 of the year immediately following the
date of commencement of annual assessments, the annual assessment for Common Expenses
shall include an amount equal to
Dollars ($ ), which amount shall be held in a separately-designated account for the
purpose of road and landscaping maintenance repair and replacement. The amount allocated
to reserve shall be adjusted each year to account for the rate of inflation.
ARTICLE VII. LIEN FOR NONPAYMENT
OF COMMON EXPENSES
Any assessment, charge, or fee provided for in this Declaration or any monthly or
other installment thereof which is not fully paid within ten (10) days after the date due shall
bear interest at a rate determined by the Board. In addition, the Board may assess a late
charge thereon. Any Owner who fails to pay any assessment, charge, or fee of the
Association shall also be obligated to pay to the Association, on demand, all costs and
expenses incurred by the Association, including reasonable attorney's fees, in attempting to
collect the delinquent amount. The total amount due to the Association, including unpaid
assessments, fees, charges, fines, interest, late payment penalties, costs, and attorney's fees,
shall constitute a lien on the defaulting Owner's Lot as provided in the Act. The Association
may bring an action, at law or in equity, or both, against any Owner personally obligated to
pay any amount due to the Association or any monthly or other installment thereof and may
also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by
the Association against a delinquent Owner to recover a money judgment for unpaid amounts
due to the Association or monthly or other installments thereof may be commenced and
pursued by the Association without foreclosing or in any way waiving the Association's lien.
The Association's lien shall be superior to any homestead exemption now existing or hereafter
created by any state or federal law.
17
ARTICLE VIII. COMMON ELEMENTS
Section 1: Description of Common Elements. The Common Elements within the
Common Interest Community shall consist of Outlots A, B, C, and D as designated on the
Plat, together with all improvements installed by the Declarant or the Association thereon.
Section 2: Rules and Regulations. The Board shall have the right to adopt reasonable
Rules and Regulations governing the use of the Common Elements, provided that such Rules
and Regulations apply to all Owners in a nondiscriminatory manner and are consistent with
the Management Plan.
Section 3: Owners' Easements of Enjoyment. Each Lot Owner shall have a right and
easement of enjoyment in and to the Common Elements, and such easement shall be
appurtenant to and shall pass with title to every Lot, subject to the following provisions:
(a) The right of the Association to promulgate and publish reasonable Rules
and Regulations as provided in this Declaration.
(b) The right of the Association to suspend voting rights and the right to use
the Common Elements by an Owner for any period during which any
assessment against his or her Lot remains unpaid and for a period not to
exceed sixty (60) days for any infraction of its published Rules and
Regulations.
(c) The right of the Declarant or the Association, acting through the Board, to
dedicate or transfer any part of the Common Elements to any public,
quasi-public, or cooperative agency, authority, utility, or other entity.
(d) The right of the Association to close or limit use of the Common Elements
while maintaining, repairing, or making replacements in the Common
Elements, and as necessary to protect wetlands and natural areas from
harm or damage.
Section 4: Delegation of Use. A Lot Owner may delegate his or her right of
enjoyment to the Common Elements to the members of his or her family, guests, invitees, and
tenants subject to the terms and provisions of the Documents.
18
ARTICLE IX. ARCHITECTURAL CONTROL
Section 1: Architectural Control Committee.
(a) Membership. The members of the Architectural Control Committee shall
be appointed by the Declarant. At such time as the Declarant is no longer
the Owner of one or more Lots within the Common Interest Community,
then the members of the Architectural Control Committee shall be
appointed by the Board from among the Owners.
(b) Purpose. The Architectural Control Committee is established for the
purpose of maintaining within the Common Interest Community a
consistent and harmonious general character of development and a style
and nature of building design and visual appeal consistent with the natural
beauty and features of the Common Interest Community.
(c) Tenn. Each member of the Architectural Control Committee shall serve
at the pleasure of the person or entity appointing such member. In the
event of the death or resignation of any member of the Architectural
Control Committee, the person or entity that appointed such member shall
appoint a successor.
(d) Decisions. All decisions of the Architectural Control Committee shall be
by a majority vote of those members of the Committee present at a
meeting at which a quorum is present. A majority of the members of the
Architectural Control Committee shall constitute a quorum.
(e) Compensation. The members of the Architectural Control Committee
shall not be entitled to any compensation for services performed pursuant
to this Declaration but shall be entitled to reimbursement by the
Association for all costs and expenses incurred in performing their duties
pursuant to this Declaration.
(f) Delegation. The Architectural Control Committee shall have the power to
delegate the responsibility for reviewing any application submitted to the
Architectural Control Committee to a professional architect, landscape
architect, engineer, or other professional person who is qualified to pass
on the issues raised in the application. The Architectural Control
19
Committee shall also have the power to require that the applicant pay the
fees reasonably incurred by the Architectural Control Committee in
retaining such professional to review the application submitted.
(g) Nonliability. No member of the Architectural Control Committee shall be
liable to the Association or to any Owner or prospective Owner for any
loss, damage, or injury arising out of or in connection with the
performance of the duties of the Architectural Control Committee under
this Declaration, unless such action constitutes willful misconduct or bad
faith on the part of the Architectural Control Committee. Review and
consideration of any application submitted to the Architectural Control
Committee shall be pursuant to this Declaration, and any approval granted
shall not be considered approval of the structural safety or integrity of the
improvements to be constructed or conformance of such improvements
with building codes, zoning resolutions, subdivision regulations, or other
governmental rules and regulations applicable to the Common Interest
Community.
Section 2: Control. No construction, alteration, addition, modification, exterior
decoration, exterior redecoration, or reconstruction of any building, fence, wall, structure,
landscaping, or other improvement within the Common Interest Community shall be
commenced or maintained until the plans and specifications thereof shall have been approved
by the Architectural Control Committee.
Section 3: Rules and Guidelines. The Architectural Control Committee shall issue
rules setting forth procedures for the submission of plans for approval and shall also issue
guidelines setting forth the criteria that the Architectural Control Committee will use in
considering plans submitted to it for approval. The Rules and Guidelines may be amended
from time to time by the Architectural Control Committee. The Guidelines may include by
example and not by limitation, regulations governing the following: Building type, location,
orientation, style, and architectural design; Residence size, height, and floor area; garage size,
type, height, design, orientation, and location; roof materials, color, overhang, and pitch;
siding style, type, material, design, and color; building height; size, type, height, design,
orientation, location, and number of outbuildings, accessory buildings, and storage sheds;
construction methods and timetables; fence and wall materials, color, design, style, height,
and location; landscaping; signs, clotheslines, antennae, satellite dishes, and play structures;
storage tanks, containers, and exterior mechanical equipment; window style, design, size,
material, location, and orientation; solar energy devices; outdoor ornamentation and seasonal
20
decorations; site drainage, grading, and water conservation; paved areas, culverts, and
driveways;house numbers and entry monuments; and exterior lighting.
Section 4: Review of Plans and Specifications. The Architectural Control Committee
shall consider and act upon any and all requests submitted for its approval. The Architectural
Control Committee shall approve plans and specifications submitted to it only if it determines
that the construction, alteration, additions, or landscaping contemplated thereby, and in the
location as indicated, will comply with this Declaration, will serve to preserve and enhance
the values of Lots within the Common Interest Community, and will maintain a harmonious
relationship among structures, vegetation, topography, and the overall development of the
Common Interest Community. The Architectural Control Committee shall consider the
quality of workmanship, type of materials, and harmony of exterior design with other
Residences located within the Common Interest Community. Should the Architectural
Control Committee fail to approve or disapprove the plans and specifications submitted to it
by an Owner of a Lot within thirty (30) days after complete submission of all required
documents, then such approval shall not be required; provided, however, that no building,
structure, or landscaping shall be erected or allowed to remain on any Lot which violates any
of the covenants or restrictions contained in this Declaration. The issuance of a building
permit or license for the construction of improvements inconsistent with this Declaration shall
not prevent the Association or any Owner from enforcing the provisions of this Declaration.
Approval by the Architectural Control Committee shall be in writing or by endorsement on
the plans.
Section 5: No Waiver of Future Approval. The approval by the Architectural Control
Committee of any proposal or plans and specifications for any work to be done on a Lot shall
not be deemed to constitute a waiver of any right to withhold approval or consent to any
similar proposals, plans, specifications, drawings, or other matter subsequently or additionally
submitted for approval by the same Owner or by another Owner.
Section 6: Damage or Destruction of Improvements. In the event any Residence or
other structure constructed on a Lot is damaged, either in whole or in part, by fire or other
casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply
with this Declaration; or in the alternative, if the Residence or other structure is not to be
rebuilt, all remaining portions of the damaged structure, including the foundation and all
debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural
condition existing prior to the construction of the Residence or other structure.
21
ARTICLE X. USE RESTRICTIONS
Section 1: Land Use. No building or other structure shall be erected, altered, placed,
or permitted to remain on any Lot other than one single-family site built Residence per Lot,
subject to approval by the Architectural Control Committee, and such additional
improvements as may be approved by the Architectural Control Committee, pursuant to the
terms of Article IX hereinabove.
Section 2: Trash Collection. The Association, acting through its Board, shall have the
right to require that any trash collection within the Common Interest Community be
performed by one company and that trash be collected from all Lots by such company on the
same day of each week. The Board shall select the trash company based on competitive bids.
At the option of the Association, the cost of trash collection shall be paid by each Owner
directly to the trash collection company, and in such event, the Association shall have no duty
to assess the cost of trash collection as a Common Expense. Nothing herein contained shall
be construed to prohibit an Owner from personally disposing of trash from his Lot. This
section shall not apply to a contractor during the construction of a Residence or other
improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and other
construction materials from the Lot either personally or by contracting with a trash collection
company. The trash collection company may remove trash, rubbish, debris, and other
construction materials from the Lot during the construction of the Residence as often as the
contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them from
animals.
Section 3: Mineral Extraction. No mining or extraction of oil, gas, gravel, or other
minerals shall be permitted on any Lot.
Section 4: Resubdivision. No Lot may be further subdivided without the approval of
the Architectural Control Committee. This provision shall not be construed to prohibit or
prevent the dedication or conveyance of any portion of a Lot as an easement for public
utilities.
Section 5: Restrictions on Leasing. No Lot Owner shall lease his or her Residence to
any group of people other than a "single family" as defined in Article H hereinabove nor shall
any lease be for a period of less than thirty (30) days. All such leases shall be in writing and
shall contain a covenant by the tenant or tenants that their use and occupancy of the
Residence pursuant to the terms of the lease are subject to the terms and conditions set forth
22
in this Declaration and that such tenant will abide by the terms contained herein as well as all
Rules and Regulations promulgated by the Association.
Section 6: Household Pets. No animals other than dogs, cats, or other household pets,
as the same may be defined and determined by the Association, or horses if approved by the
Association, may be kept on a Lot. Dogs, cats, and other household pets shall not be boarded,
kept, bred, or maintained for any commercial purposes. No more than two (2) dogs and no
more than a total of three (3) adult dogs and adult cats may be kept on any Lot (one dog and
two cats; or two dogs and one cat; or three cats). Dogs and cats shall not be considered adults
until they are six.(6) months old. Household pets shall be subject to all Rules and Regulations
adopted by the Association and all governmental ordinances or laws applicable to the
Common Interest Community. Dogs shall at all times be confined by fence, leash, or under
voice command. Each Owner of a pet shall be responsible for the prompt clean up and
removal of such pet's excrement from his or her Lot and the Common Elements.
Section 7: Use of Common Elements. All use of the Common Elements shall be
subject to the terms and provisions of the Documents and shall be governed by the Rules and
Regulations adopted by the Association. No damage or waste shall be committed to the
Common Elements by Lot Owners, their families, tenants, guests, and invitees.
No motor-driven, engine-powered, or other mechanically propelled vehicle, including,
by example and not limitation, automobiles, trucks, motorcycles, all-terrain vehicles, and
snowmobiles, may be used or operated within or upon any of the Common Elements, except
in the event of an emergency or by the Association for maintenance purposes.
Section 8: General Prohibition. No use shall be made of an Owner's Lot which will in
any manner violate the statutes or rules and regulations of any governmental authority having
jurisdiction over the use of said Owner's Lot.
Section 9: Maintenance of Lots and Improvements. Owners of Lots shall keep or
cause to be kept all buildings, fences, and other structures and all landscaping located on their
Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste
shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and
shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping
ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition
and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall
be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots.
Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall
23
be stored or permitted to remain on any Lot unless screened from view from other Lots and
from the streets, except for reasonable storage during construction.
Section 10: Nuisance. Nothing shall be done or permitted on any Lot which is or may
become a nuisance. No obnoxious or offensive activities or commercial businesses or trades
shall be conducted on any Lot, except home occupations as defined and permitted by the
applicable zoning resolution of the governmental entity having jurisdiction over the Common
Interest Community.
Section 11: Temporary Structures. No structure of a temporary character, including,
by example and not limitation, trailers, converted trailers, shacks, sheds, basements, tents,
garages, or accessory buildings, shall be used on any Lot as a Residence, temporarily or
permanently.
Section 12: Storage of Vehicles. Boats, campers, snowmobiles, all-terrain vehicles,
trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup
trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on any
street, Lot, or Common Element, except within fully-enclosed garages, or properly screened if
approved by the Architectural Control Committee. For purposes of this provision, any
disassembled or partially disassembled car or other vehicle or any car or other vehicle which
has not been moved under its own power for more than one (1) week shall be considered an
inoperative automobile subject to the terms of this Section.
Section 13: Discharge of Weapons. No person shall discharge, fire, or shoot any gun,
pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including
BB guns and pellet guns, within the Common Interest Community. Notwithstanding the
foregoing, the discharge of firearms or weapons by any member of any law enforcement
agency in the course of such members official duty shall not be deemed a violation of this
provision.
Section 14: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in
disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous
conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such
Owner.
ARTICLE XI. DRAINAGE
Section 1: Acknowledgement. The soils within the state of Colorado consist of both
expansive soils and low-density soils which will adversely affect the integrity of the
24
Residence if the Residence and the Lot on which it is constructed are not properly maintained.
Expansive soils contain clay minerals which have the characteristic of changing volume with
the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils.
The addition of moisture to low-density soils causes a realignment of soil grains, thereby
resulting in consolidation and/or collapse of the soils. All Residences shall have engineered
footings and foundations.
Section 2: Moisture. Each Owner of a Lot shall use his or her best efforts to assure
that the moisture content of those soils supporting the foundation and the concrete slabs
forming a part of the Residence constructed thereon remain stable and shall not introduce
excessive water into the soils surrounding the Residence.
Section 3: Water Flow. The Owner of a Lot shall not impede or hinder in any way
the water falling on the Lot from reaching the drainage courses established for the Lot and the
Common Interest Community.
Section 4: Action by Owner. To accomplish the foregoing, each Owner of a Lot
covenants and agrees, among other things:
(a) Not to install improvements, including, but not limited to, landscaping,
items related to landscaping, walls, walks, driveways, parking pads,
patios, fences, additions to the Residence, outbuildings, or any other item
or improvement which will change the grading of the Lot. The installation
of such improvements is acceptable so long as the manner of installation is
consistent with, and does not change, the grading and drainage patterns of
the Lot.
(b) To fill with additional soil any back-filled areas adjacent to the foundation
of the Residence and in or about the utility trenches on the Lot in which
settling occurs to the extent necessary from time to time to maintain the
grading and drainage patterns of the Lot.
(c) Not to water the lawn or other landscaping on the Lot excessively.
(d) Not to plant flower beds (especially annuals) and vegetable gardens
adjacent to or within three (3) feet of the foundation and slabs of the
Residence.
25
(e) If evergreen shrubbery and grass is used within five (5) feet of the
foundation walls, to water the shrubbery and grass by controlled hand
watering and to avoid excessive watering.
(0 To minimize or eliminate the installation of piping and heads for sprinkler
systems within five (5) feet of foundation walls and slabs.
(g) To install any gravel beds in a manner which will assure that water will
not pond in the gravel areas, whether due to nonperforated edging or due
to installation of the base of the gravel bed at a lever lower than the
adjacent lawn.
(h) To maintain the gutters and downspouts which discharge water into
extensions or splash blocks by assuring that(i) the gutters and downspouts
remain free and clear of all obstructions and debris; (ii) the water that
flows from the extension or the splash block is allowed to flow rapidly
away from the foundation and/or slabs; and (iii) the splash blocks are
maintained under sill cocks.
(i) To recaulk construction joints opening up between portions of the exterior
slabs and garage slabs in order to thereby seal out moisture.
Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to the
Residence, any outbuilding, concrete slab, driveway, sidewalk, or other improvement on any
Lot caused by, resulting from, or in any way connected with soil conditions on any Lot.
ARTICLE XII. SURROUNDING AGRICULTURAL
USES AND WILDLIFE
Weld County is one of the most productive agricultural counties in the United States,
ranking fifth in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring fauns, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
26
Agricultural users of the land may be uses by right and may be entitled to expand their
operations. Agricultural uses should not be expected to change theft long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of Weld 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 arterioles may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility of the homeowners.
Service in rural area, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in Weld County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities are important, not only for their safety, but also for their protection of the
farmer's livelihood. Parents are responsible for their children.
27
ARTICLE XIII. STREETS
Section 1: Initial Construction. The Declarant shall constrict and install all streets
within the Common Interest Community.
Section 2: Maintenance. After expiration of any applicable warranty period, all
streets shall be maintained, repaired, and improved by the Association.
ARTICLE XIV. MORTGAGEE PROTECTION
Section 1: Introduction. This Article establishes certain standards and covenants
which are for the benefit of the holders, insurers, and guarantors of certain Security Interests.
This Article is supplemental to, and not in substitution for, any other provisions of the
Declaration, but in the case of conflict, this Article shall control.
Section 2: Notice of Actions. The Association shall give notice to each Mortgagee
and Insurer of(and each Lot Owner hereby consents to and authorizes such notice):
(a) Any condemnation loss or any casualty loss which affects a material
portion of the Common Interest Community or any Lot in which there is a
First Security Interest held, insured, or guaranteed by such Mortgagee or
Insurer, as applicable.
(b) Any delinquency in the payment of Common Expense assessments owed
by a Lot Owner whose Lot is subject to a First Security Interest held,
insured, or guaranteed by such Mortgagee or Insurer, as applicable, which
remains uncured for a period of sixty (60) days.
(c) Any lapse, cancellation, or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgagees as specified in Section 4 of this Article.
(e) Any judgment rendered against the Association.
28
Section 3: Consent and Notice Required.
(a) Document Changes. Notwithstanding any requirement permitted by this
Declaration or the Act, no amendment of any provision of this Declaration
pertaining to the matters hereinafter listed by the Association or Lot
Owners shall be effective without notice to Mortgagees and Insurers, and
the vote of at least sixty-seven percent (67%) of the Lot Owners (or any
greater Lot Owner vote required in this Declaration or the Act) present in
person or by proxy at a meeting at which a quorum is present and until
approved by at least fifty-one percent (51%) of the Mortgagees (or any
greater Mortgagee approval required by this Declaration):
(1) Voting rights.
(2) Assessments, assessment liens, or priority of assessment liens.
(3) Reserves for maintenance, repair, and replacement of Common
Elements.
(4) Responsibility for maintenance and repairs.
(5) Redefinitions of boundaries of Lots, except that when
boundaries of only adjoining Lots are involved or a Lot is
being subdivided, then only those Lot Owners and the
Mortgagees holding Security Interests in such Lot or Lots
must approve such action.
(6) Convertibility of Lots into Common Elements or Common
Elements into Lots.
(7) Expansion or contraction of the Common Interest Community or
the addition, annexation, or withdrawal of property to or from
the Common Interest Community.
(8) Insurance or fidelity bonds.
(9) Leasing of Lots.
(10) Imposition of any restrictions on a Lot Owner's right to sell or
transfer his Lot.
29
(11) A decision by the Association to establish self-management
when professional management had been required previously by
any Mortgagee.
(12) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(13) Termination of the Common Interest Community after
occurrence of substantial destruction or condemnation of the
Common Elements.
(14) Any provision that expressly benefits mortgage holders, insurers,
or guarantors.
(b) Actions. Notwithstanding any lower requirement permitted by this
Declaration or the Act, the Association may not take any of the following
actions, other than rights reserved to the Declarant as Special Declarant
Rights or Additional Reserved Rights set forth in Article V of this
Declaration, without the notice to Mortgagees and Insurers as required by
Section 2 above and approval of at least fifty-one percent (51%) (or the
indicated percentage) of the Mortgagees:
(1) Convey or encumber the Common Elements or any portion
thereof without approval by eighty percent (80%) of the
Mortgagees. (The granting of easements for public utilities or
for other public purposes consistent with the intended use of the
Common Elements by the Common Interest Community will not
be deemed a transfer within the meaning of this clause.)
(2) The termination of the Common Interest Community for reasons
other than substantial destruction or condemnation of the
Common Elements without approval by sixty-seven percent
(67%) of the votes of Mortgagees.
(3) The granting of any easements or leases through or over the
Common Elements (excluding, however, any utility, road, or
30
other easements serving or necessary to serve the Common
Interest Community and excluding any leases for no more than
three (3)years).
(4) The establishment of self-management when professional
management had been required previously by a Mortgagee.
(5) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(6) The merger of the Common Interest Community with any other
common interest community.
(7) The assignment of the future income of the Association,
including its right to receive Common Expense assessments.
(c) The Association may not change the period for collection of regularly
budgeted Common Expense assessments to other than monthly without
the consent of all Mortgagees.
(d) The failure of a Mortgagee or Insurer to object in writing to any proposed
addition or amendment within thirty (30) days after notice is given by the
Association requesting approval of an addition or amendment to the
Declaration shall conclusively constitute approval by the Mortgagee or
Insurer of the addition or amendment.
Section 4: Inspection of Books. The Association shall maintain current copies of the
Declaration, Bylaws, Rules and Regulations, books and records, and financial statements.
The Association shall permit any Mortgagee or Insurer to inspect the books and records of the
Association during normal business hours.
Section 5: Financial Statements. The Association shall provide any Mortgagee or
Insurer who submits a written request a copy of an annual financial statement within ninety
(90) days following the end of each fiscal year of the Association.
Section 6: Enforcement. The provisions of this Article are for the sole benefit of
Mortgagees and Insurers and their successors and may only be enforced by one or more of the
31
Mortgagees and Insurers. Failure of the Association to comply with provisions of this Article
shall not invalidate any action taken by the Association or Owners, including, by example and
not limitation, any amendment to this Declaration, but any action taken by the Association
without first complying with this Article shall be voidable by any Mortgagee or Insurer having
a Security Interest in a Lot on the effective date of such action; provided that any legal
proceeding to make void any action taken by the Association in violation of this Article must
be commenced within one (1) year of the effective date of such action.
Section 7: Attendance at Meetings. Any representative of a Mortgagee or Insurer may
attend and address any meeting which an Owner may attend.
Section 8: Appointment of Trustee. In the event of damage, destruction, or
condemnation of all or a portion of the Common Elements, any Mortgagee may require that
such proceeds be payable to a trustee. Such trustee may be required to be a corporate trustee
licensed by the State of Colorado. Proceeds will thereafter be distributed pursuant to the Act
or pursuant to a condemnation award. Unless otherwise required, the members of the Board,
acting by majority vote through the president, may act as trustee.
Section 9: Payment of Delinquent Fees. Mortgagees may,jointly or singly, pay taxes
or other charges which are in default and which may or have become a charge against the
Common Elements and may pay overdue premiums on hazard insurance policies or secure
new hazard insurance on the lapse of such a policy for such Association property, and
Mortgagees making such payments shall be owed immediate reimbursement therefor from the
Association.
Section 10: Transfer of Common Elements. The Association shall not sell, transfer,
or convey any Common Elements without first offering to dedicate the Common Elements to
the County or other governmental agency designated by the County. This restriction shall not
apply to any of the following:
(a) The sale, transfer, or conveyance of the Common Elements to another
organization or association, the purpose of which is to maintain such
Common Elements.
(b) The granting of an easement or right-of-way to a governmental, quasi-
governmental, cooperative, or other regulated organization which provides
utility services to the Common Interest Community, including, by
example and not limitation, water, sewer, gas, electricity, cable television,
32
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mounds, etc.) are` expressly prohibited in all primary and secondary absorption: fields as
designated on the Plat.
The terms and provisions of this Article XV may not be amended, except upon
written approval of the County.
ARTICLE XVI. MANAGEMENT PLAN
Section 1. Use of the Common Elements. The Common Elements shall be passive
open spade:
Section 2. Runoff, Wind and Water Erosion, Noxious Weeds, and Pests. Runoff,
wind and%water erosion, noxious weeds, and pests shall be controlled in accordance with
rules and regulations of Weld County.
Section 3. Plants and Animals. Owners of Lots in the Subdivision will be
permitted to have domestic pets so long as such pets are under the direct control of the
Owner. Plants to be.introduced to the Common Elements are described and designated in
•- the landscape plan approved by -Weld, County ("the Landscape Plan"). No animals
• presently inhabit the,Common Elements: Any plants to be'removed from the Common
Elements are described and designated in the Landscape Plan.
Section 4. Compliance with Management Plan. It is the responsibility of the
Association to ensure compliance with this Article. To the extent the Association fails to
perform its.obligations:under this Article, Weld County may perform the Association's
duties•and responsibilities and assess`the cost thereof as a tax against the Lots.
Section 5. Landscaping.. All landscaping shall be installed within the Common
Elements and maintained in accordance with the following:
-- -y.;
A, Common Elements disturbed by grading operations will be reseeded with a'
native seed mixture.
B. Landscape improvements shall be designed to minimize water use and shall
make every reasonable effort to minimize the public and private cost of
• ' maintenance.
C. Landscape shall not contain artificial plant materials and shall remain
34
natural.
F. Landscaping shall be kept and maintained in a safe, clean, and attractive
condition and good state of repair in compliance with all governmental
laws.
G. The Association shall remove at its own expense, any rubbish of any
character whatsoever which accumulates on the Common Elements.
H. During the course of any landscaping work on the Common Elements,
including additions, alterations or repairs thereto, such work shall be
conducted in a manner which does not interfere with the use and possession
of Lots, and all landscaping and construction materials and equipment shall
be stored and operated in a neat and orderly fashion. Upon conclusion of
any such work, all excess landscaping materials, equipment, and excess
debris shall be promptly removed from the site.
I. Trees shall not be planted closer than four feet to any gas or electric line
and no closer than ten feet to any water or sewer line. Shrubs shall not be
planted closer than four feet to any water or sewer line. Tree planting shall
be coordinated with the Public Service Company. Locations of all utilities
shall be verified in the field prior to planting.
J. Landscaping in the Common Elements shall be installed by the Declarant
and maintained by the Homeowner's Association.
• K. Declarant shall ensure that the landscape plan is coordinated with the plans
done by,other consultants so that the proposed grading, storm drainage, or
other construction does not conflict nor preclude installation and
maintenance of landscape elements.
L. To the maximum extent reasonably feasible, topsoil that is removed during
construction activity shall be conserved for later use on areas requiring
revegetation and landscaping.
ARTICLE XVII. FEED LOT
Owners are hereby notified that a confined animal feeding operation (USR-744)
for a maximum 4,000 head of cattle is located directly north and east of the intersection
35
ARTICLE XVIII. MAINTENANCE OF IRRIGATION DITCH
The cross-cut lateral traverses from the northwest corner southeasterly to the
southeast corner of the Property as shown on the Plat. The Declarant shall install a steel
grate at the point in which the crosscut lateral goes under Weld County Road 37. The
grate shall cover the opening of the tile, including the full dimension of the inlet and the
ditch. The grate shall have spacing between the rods of not more than ten (10) inches.
The Association shall be responsible for maintenance and cleaning of the grate as
reasonably necessary and required by the crosscut lateral ditch rider during the period of
time that water is flowing in the lateral. A two or three rail fence shall be installed along
the north side of the boundary of the property owned by the cross-cut lateral. The
Declarant shall construct and install a fence and, once installed, the Association shall be
responsible for maintenance, repair, replacement, and improvement of the fence as
reasonably required by the ditch rider for the cross-cut lateral. Activities along the
lateral, including the burning of weeds, ditch maintenance and cleaning, as well as ditch
rider responsibilities will continue notwithstanding the development of the Common
Interest Community. Such activities shall be performed at the ditch company's discretion
and on its schedule.
ARTICLE XIX. RESERVATION OF EXPANSION AND DEVELOPMENT
RIGHTS
1. Expansion Rights. Declarant expressly reserves the right to subject to the
provisions of this Declaration all or any part of the real property described on Exhibit "C"
attached hereto and incorporated herein by reference ("the Development Property"). The
consent of the Association, existing Unit Owners or Mortgagees shall not be required for
any such expansion, and Declarant may proceed with such expansion without limitation,
at its sole and absolute discretion.
•
2. Amendment of the Declaration. If Declarant elects to submit the Development
Property, or any part thereof, to this Declaration, Declarant..shall record an amendment to
the Declaration containing a legal description of the Development Property, or portion
thereof to be submitted to this Declaration, and reallocating the Allocated Interests so that
the Allocated Interests appurtenant to each Unit will be apportioned according to the total
number of Units submitted to the Declaration. The Allocated Interests appurtenant to
each Unit in the Common Interest Community, as expanded, shall be a fraction, the
numerator of which shall be the number of square feet within each Unit and the
denominator of which shall be the total number of square feet within all Units in the
Common Interest Community, as expanded. The amendment may contain additional
36
covenants, conditions, and restrictions applicable only to the Units and/or Common
Elements contained within the Development Property added to the Real Estate by such
amendment.
3. Plat. Declarant shall, contemporaneously with the amendment of this
Declaration, file a Plat showing the Development Property or portion thereof to be
submitted to this Declaration and the Units and Common Elements created within the
Development Property or portion thereof to be submitted to this Declaration.
4. Interpretation. Recording of amendments to this Declaration pursuant to this
Article XIX in the office of the Clerk and Recorder of Weld County, Colorado, shall
automatically (a) vest in each existing Unit Owner the reallocated Allocated Interests
appurtenant to each Owner's Unit; and (b) vest in each existing Mortgagee a perfected
Security Interest in the reallocated Allocated Interests appurtenant to the encumbered
Unit. Upon the recording of an amendment to this Declaration, the definitions in this
Declaration Shall automatically be extended to encompass and to refer to the Real Estate
as expanded. The Development Property, or any part thereof, shall be added to and
become a part of the Real Estate for all purposes. All conveyances of Units after such
expansion shall be effective to transfer rights in all Common Elements as expanded,
whether or not reference is made to any amendment to this Declaration, subject to any
restrictions on the use of the Common Elements as set forth in the amendment to this
Declaration adding the Development Property, or any part thereof, to the Real Estate.
Reference to this Declaration in any instrument shall be deemed to include all
amendments to this Declaration without specific reference thereto. r
5. Maximum Number of Units. The maximum number of Units in the Common
Interest Community, as expanded, shall not exceed the number set forth in Article III,
Section 6, above. Declarant shall not be obligated to expand the Common Interest
Community beyond the number of Units initially submitted to_this Declaration.
6. Construction Easement. Declarant expressly reserves the right to perform
construction work, store materials on Common Elements, and the future right to control
such work and the right of access thereto until all Future Buildings are completed. All
work may be performed by Declarant without the Consent or Approval of any Unit
Owner or Mortgagee. Declarant has such an easement through the Common Elements as
may be reasonably necessary for the purpose of discharging Declarant's obligations and
exercising Declarant's reserved rights in this Declaration. Such easement includes the
right to construct underground utility lines, pipes, wires, ducts, conduits, and other
37
facilities across the Real Estate for the purpose of furnishing utility and other services to
the Development Property. Declarant's reserved construction easement includes the right
to grant easements to public, quasi-public, cooperative, or private utility companies to
construct improvements within those easements.
7. Termination and Expansion of Development Rights. The expansion and
development rights reserved to Declarant, for itself and its successors and assigns, shall
expire twenty (20) years from the date of recording this Declaration in the office of the
Clerk and Recorder of Weld County, Colorado, unless the expansion and development
rights are (a) extended as allowed by law or (b) reinstated or extended by the Association,
subject to such terms, conditions, and limitations as the Board of Directors may impose
on the subsequent exercise of the expansion and development rights by Declarant.
8. Transfer of Rights. Any expansion, development, or, withdrawal right created
or reserved under this Article to or for the benefit of Declarant as well as the Special
Declarant Rights and Additional Reserved Rights created or reserved to or for the
Declarant under Article XX of this Declaration may be transferred to any Person by an
instrument describing the rights transferred and recorded in the office of the Clerk and
Recorder of Weld County, Colorado. Such instrument shall be executed by the transferor
Declarant and the transferee.
ARTICLE XX. GENERAL PROVISIONS
Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate
proceedings at law or in equity against those persons or entities violating or attempting to
violate any covenant, condition, or restriction herein contained. Such judicial proceeding
shall be for the purpose of removing a violation, restraining a future violation, for recovery of
damages for any violation, or for such other and further relief as may be available. Such
judicial proceedings may be prosecuted by an Owner, by the Architectural Control
Committee, or by the Association. In the event it becomes necessary to commence an action
to enforce this Declaration, the court shall award to the prevailing party in such litigation, in
addition to such damages as the Court may deem just and proper, an amount equal to the costs
and reasonable attorney's fees incurred by the prevailing party in connection with such
litigation. The failure to enforce or to cause the abatement of any violation of this Declaration
shall not preclude or prevent the enforcement thereof or of a further or continued violation,
whether such violation shall be of the same or of a different provision of this Declaration.
38
Section 2: Duration. This Declaration shall run with the land, shall be binding upon
all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect
in perpetuity unless amended or terminated as provided in the Act.
Section 3: Amendment. Except as otherwise provided in this Declaration, this
Declaration may be altered or amended at any time by the then record Owners of sixty-seven
percent (67%) or more of the Lots. In no event shall any provisions of this Declaration
relating to the responsibility to maintain the public roads and streets, septic systems, or
Common Elements within the Common Interest Community (including, by example and not
limitation, provisions authorizing assessments in the establishment and enforcement of liens
for nonpayment of assessments or costs of repair or maintenance) be amended or expire
unless specifically released by the Board of County Commissioners of Weld County,
Colorado.
Section 4: Captions. The captions contained in the Documents are inserted only as a
matter of convenience and for reference, and in no way define, limit, or describe the scope of
the Documents or the intent of any provision thereof.
Section 5: Gender. The use of the masculine gender refers to the feminine gender,
and vice versa, and the use of the singular includes the plural, and vice versa, whenever the
context of the Documents so require.
Section 6: Waiver. No provision contained in the Documents is abrogated or waived
by reason of any failure to enforce the same, irrespective of the number of violations or
breaches which may occur.
d
Section 7: Invalidity. The invalidity of any provision of the Documents does not
impair or affect in any manner the validity, enforceability, or effect of the remainder, and if a
provision is declared invalid by judgment or court order, all of the other provisions of the
Documents shall continue in full force and effect.
Section 8: Conflict. The Documents are intended to comply with the requirements of
the Act. If there is any conflict between the Documents and the provisions of the Act, the
provisions of the Act shall control. In the event of any conflict between the Improvement
Agreement and this Declaration, the Improvement Agreement shall control. In the event of
any conflict between this Declaration and any other Document, this Declaration shall control.
39
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
as of the day and year first above written.
COLORADO ELK RANCH, LLLP,
a Colorado limited liability limited
partnership
BY:
Ric Hansen, General Partner
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2002, by Ric Hansen, General Partner of COLORADO ELK RANCH, LLLP, a
Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
Revised 221/02 JAM
1
40
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land situate in the North half of Section 12, Township 7 North, Range 66 West of the
6th P.M., County of Weld, State of Colorado, and being more particularly described as follows;
Considering the East line of the Northeast quarter of said Section 12 as bearing North 00°14'46"
East and with all bearings contained herein relative thereto:
Commencing at the East quarter corner of said Section 12; thence along the South line of the
Northeast quarter of said Section 12, South 89°42'46" West 480.00 feet to the TRUE POINT OF
BEGINNING of this description; thence continuing along said South line, South 89°42'46" West
2132.34 feet to the Center quarter corner of said Section 12; thence along the West line of said
Northeast quarter, North 00°25'41" West 2012.66 feet; thence South 55°37'14" East 10.56 feet;
thence North 31°35'38" East 380.04 feet; thence North 00°05'26" East 356.96 feet to a point on
the North line of the Northeast quarter of said Section 12; thence along said North line, South
89°19'59" East 2431.62 feet to the Northeast corner of said Section 12; thence along the East
line of said Northeast quarter, South 00°14'46"West 2345.94 feet: thence South 89°42'46"
West 230.00 feet; thence South 39°49'58"West 392.30 feet to the true point of beginning. The
above described parcel contains 155.96 acres more or less, and is subject to all rights-of-way,
easements and restrictions now in use or on record.
1
1
Colorado Department of Public Health and Environment Page 1 of 3
Air Pollution Control Division
- LAND DEVELOPMENT -
Air Pollutant Emission Notice (APEN) — and —Application for Construction Permit
14 New Facility 0 Transfer of Ownership * ❑ Change in Production 0 No Change(APEN Update Only)
*Note: If you are transferring the ownership of a permit,you must also submit an Administrative Amendment
form and Transfer of Emission Permit Agreement form.
Permit Number AIRS Number
Company Name: UKJlox) O( y CKe.gteraidC
Billing Address: P Q. ( ca X 33`3ff 4 Zip Code:
Ccccccy, Co go43it
Person to Contact: 71 Wr Ctlr•t2.C"ro L Phone Number:
Email Address: (tf A rrl 2 l µL F lu A)-p (, .co 44-7 Fax Number:
Please provide description of the activity: (Also,please provide a site map)
y Cr DFV/CCot%O (gig 6RGAruct. S.eft t-JA-TKoC ,4ie/ tf 3r /reef
6rv2.w LiATkg O�Tc�rre« .
Project Name&Location: c7-A-[y( t P W..
County: wa"co Section: ( 2 Township: 7 Rh cm Range; 46 tucsr oir
Total area of land in project: 9? 2 9 Acres 4T ilk..
Date earthmoving will— Commence: (c t Z 0 3 Stop: mg/ Is-IP 03
Total area subject to earthmoving: 97 . A 9 Acres
Total disturbed area at any one time: 97.21 Acres
Area to be paved(roads,parking lots): 3 Acres
Date paving will be completed: 147/ y true o3
Estimated time to complete entire project(includes buildings) Miry of
Brief description of how the project development will occur: f
(L tmuut c( flee gtnlCTRrrto✓ STt£crs 1./45
App 16 2003
RECEIVED AP.,,c
Stationary
Sources
APR 2 4 2003
EMVI NWIt HEWS SE]VItis
Revised July 2001 http://www.cdphe.state.co.us/ap/stationarv.asp
"N.' REFERRAL LIST
NAME:Stark Farm LLC CASE NUMBER: PF-1037
REFERRALS SENT: March 20, 2003 REFERRALS TO BE RECEIVED BY:April 18, 2003
COUNTY TOWNS and CITIES
_X Ambulance Services- David Bressler
_X Attorney _X Ault
_X Health Department Brighton
Extension Service Broomfield
_X Emergency Management Office-Ed Herring Dacono
_X Sheriffs Office Eaton
_X Public Works Erie
_Housing Authority Evans
Airport Authority Firestone
_X Building Inspection Fort Lupton
_X Code Enforcement Frederick
STATE Garden City
_X Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
_X Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission _Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
_X_Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS _Milliken
_X Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-9 _X_Greeley
Ditch Company Longmont
_X Assessor Office-Chris Woodruff West Adams
_X Kim Ogle- Landscape Plans
_X Lin Dodge- Addressing COMMISSION/BOARD MEMBER
_X Water Supply&Storage Company
Weld County Referral
C. March 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Stark Farm LLC Case Number PF-1037
Please Reply By April 11, 2003 Planner Chris Gathman
Project Final Plan PUD for 38 Lots with Estate Uses
Legal Part NE4 Section 12, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 37; South of and adjacent to WCR 84
Parcel Number 0707 12 000020
•
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 Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
i1 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
kier\ t,Mt,l r5b (YV ,(Af\a c'j,\Atlt. I.CY'RQ,,-Per, fah lanteacw
Uses rmkcri.
Signature R7)n Date -U.p?�
Agency !j'c 11 V N o�
t.f?M gpa('FD
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
d
(AS 850
a
#T711 ?�aN Weld County Referral
co
`` March 21, 2003
iiiipC.
COLORADO `eat so w '`
The Weld County Department of Planning Services has received the following item for review:
Applicant Stark Farm LLC Case Number PF-1037
Please Reply By April 11, 2003 Planner Chris Gathman
Project Final Plan PUD for 38 Lots with Estate Uses
Legal Part NE4 Section 12, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 37; South of and adjacent to WCR 84
Parcel Number 0707 12 000020
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 Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Catmyxr vc-5 were subtrnr 4cd crevi us( -
Signature 201.04 -I Date 30(/073
Agency CDOT ACe s 3
+Weld County Planning Dept +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Chris Gathman - pf1037.rtf n Page 1
Kits 74;;.,:,
111k.
COLORADO
MEMORANDUM
TO: Chris Gathman, W.C. Planning DATE: April 28, 2003
FROM: Pam Smith, W.C. Health Department
CASE NO.: PF-1037 NAME: Stark Farm LLC
The Weld County Health Department has reviewed this proposal. The applicant proposes a
38 residential lot PUD on 162.5 acres. However, on the plat maps submitted with the Final
Approval the 66 acres south of the concrete ditch (labeled Outlot A and designated for future
development during the Change of Zone application) have been eliminated. Excluding the
southern 66 acres (previously know as Outlot A) the overall density of the development is one
septic system per 2.52 acres. Several other discrepancies are noted for comment:
1.The Final Plat outlines the property only on the north side of a concrete irrigation ditch, with
an Outlot A labeled in the northeast corner of the property. Page 8 of 15 of the
Construction Plans designates this Outlot A as a pond.
2.Lot 38 is less that one acre in size. This was an issue during the Change of Zone review for
this same lot, as well as others. The lot size was increased and noted in the October 2,
2001 Change of Zone comments. However, this lot is now smaller that 1 acre again.
3.Lots 33 and 34 indicate that the whole lot is a building envelope.
4.There are no septic system envelopes designated any lot of the Final Plat. Septic envelopes
are designated on the Overall Utility Plan of the Construction Plans. Septic system
envelopes were designated on the proposed Change of Zone Plat submitted to this office
May 29, 2001.
5.The trail system is not designated on the Final Plat.
6.There are no notes on the Final Plat
7.The three irrigation wells and all ditches which will be remaining should be clearly labeled on
the Final Plat.
Since the Change of Zone Resolution was approved the Weld County Department of Public
Health and Environment has received a dust complaint. It has been determined by Phil Brewer
of this Department that the applicant is in violation of conditions 9, 10, and 11 of the approved
Resolution. To date the applicant has not demonstrated to this Department that the required
Fugitive Dust Control Plan and Air Pollution Emission Notice has been filed or received from the
Colorado Department of Public Health and Environment.
1
Cnris Gathman - pf1037.rtf Page 2
I
The Department recommended for approval of this application with the following conditions
during the Change of Zone review. These conditions are reiterated below:
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 not limited 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 disturbance 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 which 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\FinalPlan\pf1037.rif
2
Weld County Planning Department
a GREELEY OFFICE
rest
1-4;.\:,
MEMORANDUM APR dd1 4 j2003
RWv v Sfs5
TO: Chris Gathman, Planner DATE: 11-April-2003
111 D C FROM: Peter Schei, P.E., Civil er, Public Works Department.
•
COLORADO SUBJECT: PF-1037 Stark Farm P (Final Plat).doc
Weld County Public Works Department has reviewed this final plat request and offers the following
comments.
Comments
❑ The CR 37 existing 30-foot right-of-way shall be verified by the applicant and the documents creating
the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on
the final plat. The 30-foot right-of-way shall be shown and dimensioned on the final plat. CR 37 is a
paved local roadway.
❑ The CR 84 existing 30-foot right-of-way shall be verified by the applicant and the documents creating
the right-of-way noted on the final plat. If the right-of-way cannot be verified, it will be dedicated on
the final plat. The 30-foot right-of-way shall be shown and dimensioned on the final plat. CR 84 is a
graveled local roadway.
o The applicant has submitted an on-site Improvements Agreement for Public Road Maintenance,
which is being reviewed by Public Work's staff. This agreement shall be approved by the BOCC
prior to recording the final plat. Upon compliance with procedures by the Applicant, streets within a
Subdivision or Planned Unit Development may be accepted by the County as a part of the County
road system and will be maintained and repaired by the County.
o The applicant shall submit an off-site Improvements Agreement in accordance with Public Work's
Memorandum dated April 13, 2001. "This project will significantly increase the traffic on WCR 37.
WCR 37 presently is paved, but does not have adequate shoulders. The developer is proposing to add
4-foot shoulders to WCR 37 to mitigate the traffic impacts of this project. This proposal is acceptable
to Public Works." The applicant is showing only a west 4-foot shoulder on the Construction Plans,
which is not acceptable to Public Works. Public Works requires both shoulders (east & west) are to
be added to CR 37 for the entire (mile) distance between CR 84 and State Highway 14. This
agreement shall be approved by the BOCC prior to recording the final plat. Revised Construction
Plans shall be submitted to Public Works.
o The applicant has not shown easements on the final plat. Easements shall be shown and dimensioned
in accordance with County standards and/or Utility Board recommendations on the final plat.
❑ The ditch (Cross-Cut Lateral Ditch) must be labeled on the final plat. In addition, the ditch easement
must be shown and dimensioned. This is especially important since several lots border the ditch.
Page 1 of 2
❑ The Landscape Plan shows trees most likely within the sight distance triangles. The trees must be
removed. The Landscape Plan must note that ALL landscaping within the intersection sight distance
triangles must be less than 3 %2 feet in height at maturity and show the sight distance triangles.
• ❑ The applicant must label the internal roadways on the final plat.
❑ The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway / construction plan drawings for review and approval. This is consistent with County Code:
Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and
seals of all parties required."
❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage.
Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for
rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm
water flows, while taking into account adjacent drainage mitigation.
Recommendation
•
o The above comments are prerequisites and shall be fulfilled prior to recording the final plat.
Any issues shall pe resolved with Public Works prior to recording of theJinal plat.
•PC: PF-1037 Stark Farm PUT)(Final Plat).doc
Email&Original: Planner (,hr:S'
PC by Post: Applicant-Tor 5'2^
PC by Post: Engineer Dad: LLY Wokvna:,4.t.
Page 2 of 2
•
ilk
Weld County Referral
�
�• March 21 , 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Stark Farm LLC Case Number PF-1037
Please Reply By April 11, 2003 Planner Chris Gathman
Project Final Plan PUD for 38 Lots with Estate Uses
Legal Part NE4 Section 12, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 37; South of and adjacent to WCR 84
Parcel Number 0707 12 000020
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 Commission Hearing (if applicable)
❑ 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.
121. See attached letter.
Comments:
Signature 1 \ _ L. 1 ,TS►^1 ^�_ Date .3,.),,5c)� o-y
Agency W G <A)
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax
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Applicant: Stark Farms LLC
Planner: Chris Gothman Case#: PF-1037
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Weld Count Referral
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�. March 21, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Stark Farm LLC Case Number PF-1037
Please Reply By April 11, 2003 Planner Chris Gathman
Project Final Plan PUD for 38 Lots with Estate Uses
Legal Part NE4 Section 12, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 37; South of and adjacent to WCR 84
Parcel Number 0707 12 000020
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 Commission Hearing (if applicable)
❑ 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.
ee attached letter.
Comments:
Signature \Thi2A4(7) Date S- _ 2
Agency ILIQR Re-9 a‘inol b i-
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 ;.(970)353-6100 ext.3540 •.(970)304-6498 fax
August 29, 2000
Weld RE-9 School District with district offices located in Ault Colorado
has adopted a methodology to determine the in-lieu payment for
residential dwelling units sufficient to provide adequate educational
opportunities to new residential developments. The School District
Methodology has been developed in a manner so as to fairly
apportion the cost of acquiring school sites made necessary by
residential development.
The total in-lieu payment per dwelling unit is $759. Payment should
be hand delivered or mailed to Weld RE-9 School District, Box 68,
Ault, Colorado 80610. A receipt will be mailed to the party
requesting the exemption and a copy to Weld County Officials.
Please direct any questions to Dennis Scheer, Superintendent of
Schools, 209 West First Street, Ault, CO 80610.
�� MEMORANDUM
I • ^ 1 TO: Chris Gathman, Planner II
ilupc DATE: March 25, 2003
COLORADO FROM: Kim Ogle, Planner III 0.
SUBJECT: Stark Farm PUD
Case number PF-1037
Mikal Torgerson, applicant
The Department of Planning Services has reviewed the Landscape Plat for Stark Farm PUD
and offers the following comments. An Improvements Agreement for Private Road
Maintenance was not received in the referral packet.
Per the application materials, the applicant is proposing thirty-eight, one plus acre residential
lots and approximately thirty acres of common open space to maintained by the Home Owners
Association. Existing Improvements consist of concrete lined irrigation ditches and three
irrigation wells.
The applicant's engineer shall prepare the Final Landscape Plan per the requirements of
Section 23-2-690. The Vicinity Map shall be delineated at a scale of 1"=2000 feet and the Site
Plan shall be delineated at a scale of 1"=100 of 1"=200 feet, an exception will be made to have
the Landscape Plan drawn to a scale of 1"=50 feet. The Landscape Plan shall be developed in
accordance with Section 27-9-30 of the Weld County Code. Further, the plan shall address
Section 27-6-60.A; Section 27-6-60.B.2, fences, walls and berms; Section 27-6-60.B.3
maintenance; Section 27-6-60.B.4 Improvements Agreement.
On-site landscape treatment consists of a deciduous trees and low growing shrub material
fronting Weld County Road 37. The planting would be termed irregular and linear, with large
gaps between plants. The drainage detention pond adjacent to Weld county Road 84 and
Weld County Road 37 encompasses a majority of the open space north-northeast of the site.
The Department of Public Works should review the proposed Drainage and Erosion Control
Plan for the development for compliance with the existing Stormwater Management Plan, at a
minimum.
Although a berm has been delineated on the plat, north of Jade Drive at the entrance to the
development, there is not an indication as to how the berm will be stabilized to prevent wind and
water erosion. Future submittals shall provide a detailed description of how this issue will be
addressed.
The application drawing package did not delineate the monument sign as described in the
application materials. Future submittals shall provide a detailed Landscape Plan for the entry,
including the design of the monument sign for the proposed development.
Per the application materials, the open space areas currently consist of agricultural products,
weeds and grasses. Should the weeds be determined to be noxious, the applicant shall contact
Ron Broda of the Department of Public Works to develop a weed management plan. Evidence
of such plan or evidence of compliance with the weed control Ordinance shall be submitted to
the Department of Planning Services. It is recommended that the open space be planted in
native and/or drought tolerant grasses. The application materials state that the open areas
will be drilled with a dryland pasture mix at a rate of 25# per square acre. Further, the
applicant has not addressed the landscape treatment for areas within the drainage detention
pond.
Staff has concerns with the lack of a selection of native grasses and the potential for noxious
weeds to gain a foothold and establish themselves within the open space areas. Future
correspondence shall identify the proposed management plan for the open space, particularly
given the close proximity of the agricultural production lands in the immediate vicinity.
Per the application materials, linear plantings adjacent to WCR 37, including the entry area
plant materials will be drip irrigated utilizing a potable water source from the homeowner on Lot
1. Evidence of adequate irrigation water to be submitted to the Department of Planning
Services for review and approval. This arrangement shall be addressed in the covenants to be
approved by the Attorney's Office.
Staff has concerns with the eight foot wide crushed fine crushed gravel pathway that is
delineated around the perimeter of the southeastern PUD Lots. The trail appears to be
arbitrary in location and in use by the development's home owners as the trail network does not
connect all open spaces areas.
Staff remains concerned that the perimeter open space area will not be maintained and be
adequately managed by the Home Owners Association resulting in an overgrown fringe area
with the potential for noxious weeds and poorly maintain trail. Additional information is required
for how the trail system will be connect with other trails in the area and other areas of the site.
Staff remains concerned that the Water Supply and Storage Ditch Company, whose irrigation
ditch runs along the southern boundary of the proposed development. There was no evidence
of an agreement with this entity stipulating that all concerns of the ditch company have been
adequately addressed, or submit evidence that reasonable accommodations have been made
in the application materials.
The Weld County RE-9 School District requested a pullout waiting area for buses associated
with this development. Future applications shall address the issue of bus pull-off and pick-up
points, specific to the relationship of the point of ingress/ egress of the PUD. This shall be
graphically delineated on the drawings. Further, the location and relationship to the bus pull-off
has not been delineated on the submitted drawings. The Final Plat shall reflect these additions
to the development.
The mailbox pedestal location and turn out is not delineated on the plats. This shall be
graphically delineated on the drawings.
The internal road for this PUD development shall be paved and meet the Code requirements of
Chapters 24 and 27. Per Section 24-2-20 all PUD developments will be served by an internally
paved road system according to County standards. The cross-section delineated in the
drawing package has identified two 12-foot paved lanes and two 4-foot gravel shoulders
adjacent to borrow ditches placed on each side of the road. The Department of Public Works
shall address this issue.
A general note regarding the graphic delineation of the of the swale relative to the residential
driveways. The driveways should be delineated to cross the swale, and a culvert if required
shall be delineated on the plans.
The applicant shall demonstrate compliance with Section 27-6-80.B of the Weld County Code
specific to the fifteen percent useable open space requirement being met. Including the
detention pond area in the open space calculations may not meet the intent of this section of
the Code.
Summary
The applicant shall provide additional information pertaining to a Weed Management Plan
through Ron Broda with the Department of Public Works, if required. Evidence of meeting this
concern shall be submitted to the Department of Planning Services.
The applicant shall provide additional information pertaining to the trail and associated
elements.
The applicant shall provide additional information pertaining to the entry sign and plant
materials, including common, botanical and species names, size at installation and any
additional information deemed necessary.
The applicant shall provide evidence of the potable water source and delivery for irrigation for
proposed plant materials.
The applicant shall provide additional detail to the relationship of the bus pull-out, mail box
location and point of ingress and egress for development.
The applicant shall submit an Improvements Agreement for Private Road Maintenance for
review and approval prior to submitting the Final Plat.
End Memorandum.
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