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Home My WebLink About20070510 PUD FINAL PLA6.141 1 ( � ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PZ-632 PLANNER: Kim Ogle APPLICANT: Marla DeJohn - GKD, LLC; Post Office Box 5118, Greeley, CO 80634 ADDRESS: c/o Todd Hodges Design, LLC; 1269 North Cleveland Avenue, Loveland, CO 80537 REQUEST: Cottonwood Falls PUD—Final Plat for thirteen (13) residential Lots and 7.1 acres of Common Open Space in the Estate Zone District LEGAL DESCRIPTION: Part of the E2 Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to County Road 69 and 1/4 mile north of County Road 50 ACRES: 25 +/- PARCEL NUMBER: 0965 34 000029 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 approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. The proposed site is not influenced by an Inter-Governmental Agreement. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. The applicant has met a majority of the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. Performance Standard 27-2-170- Public Water Provisions,has been met and Section 27-2-210-Water Provisions,has been met . The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site does not lie within an Urban Growth Area or an Inter-Governmental Agreement area.The proposal creates thirteen(13) residential Lots which are clustered on lands formerly associated with the National Hog Farm operation. 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 PF 632,Cottonwood Falls PUD,page 1 2007-0510 , itez nature. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article It, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by three (3) existing private wells for potable, fire protection and irrigation requirements. Individual Sewage Disposal Systems(I.S.D.S.),septic systems will handle the effluent flow. E. Section 27-7-40.C.5--That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. Development Standards and Conditions of Approval ensure compliance with Chapter 24, Article VII, and Sections 24-9-10 and 24-9-20 of this Code. The Weld County Public Works Department and Department of Planning Services shall require an on-site field investigation of improvements. The applicant shall schedule a field visit with the Public Works Department to review all said improvements with respect to Public Works for verification prior to any agreement or acceptance. 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. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The entire site is located within the flood plain, as indicated on the FIRM Community Panel Maps, panel numbers 080266 0675 C and 080266 0800 C dated September 28, 1982. The Stormwater Drainage Report prepared by Gerry McRae of McRae and Short, Engineers cited the Special Flood Hazard Information Report for the South Platte River, Volume I, dated April 1977 as evidence delineating that the top of foundations for all residential structures is above the 100-year floodplain, as cited in the above referenced Report. The Colorado Division of Wildlife has provided an extensive review of the wildlife and eco- system located at this site. The applicant shall contact Scott Hoover, Colorado Division of Wildlife to address the concerns and recommended mitigation measures proposed by the Division specific to this proposed development. H. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. 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. PF 632,Cottonwood Falls PUD, page 2 The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Restrictive Covenants for Cottonwood Falls PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. There is a six dollar ($6.00)fee assessed per page. (Department of Planning Services) B. The applicant shall address in the Covenants the concerns of the Colorado Division of Wildlife,specific to the language and the requirements delineated in the Covenants for this development. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Colorado Division of Wildlife have been addressed to their satisfaction. (Department of Planning Services) C. The applicant shall address the concerns of the Colorado Division of Wildlife. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Colorado Division of Wildlife have been addressed to their satisfaction. (Department of Planning Services) . D. The applicant shall address the concerns of the Department of Public Health and Environment, specific to the covenants for the Cottonwood Falls PUD. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Department of Public Health and Environment have been addressed to their satisfaction. (Department of Planning Services) E. The applicant shall address the concerns of the State of Colorado, Water Quality Control Division, specific to the requirements for a certified water distribution system operator for the Cottonwood Falls PUD. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the State of Colorado, Water Quality Control Division have been addressed to their satisfaction. (Department of Planning Services) F. The applicant shall amend the Covenants for the Cottonwood Falls PUD to reflect the modifications in text as stated in the joint memorandum from the County Attorney's office, the Department of Public Helath and Environment and the Department of Planning Services. (County Attorney's office,the Department of Public Health and Environment and the Department of Planning Services) G. 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) H. The Plat shall be amended to include the following: 1) 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 location of the bus pick-up/drop-off location. (Department of Planning Services) 3) The location of the pedestal mailbox. (Department of Planning Services) PF 632,Cottonwood Falls PUD, page 3 4) The location of the monument sign. (Department of Planning Services) 5) The location of the gazebo. (Department of Planning Services) 6) An additional note on the plat stating that there are significant hunting activities taking place adjacent to the site, and that the property owner acknowledges and accepts this recreational activity. (Colorado Division of Wildlife) The Final Landscape Plan shall be amended to delineate all text on the drawing to be a minimum of 10 pt. pica. Further, please use full name of all plants, including cultivars as indicated and/or required. (Department of Planning Services) J. The Final Landscape Plan shall differentiate between existing plant material and new plant materials. Given that all plant materials are in situ, the plant list shall be combined to reflect an existing condition. (Department of Planning Services) K. Written evidence shall be provided to the Department of Planning Services stipulating that the concerns of the Weld County Department of Building Inspection office have been addressed to their satisfaction. (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development allows for Estate uses (13 lots)which shall comply with the PUD-Estate Zone District requirements as set forth in Section 23-3-400 of the Weld County Code. The common open space shall be owned and maintained by the homeowners association, in accordance with Section 23-3-500 and 27-2-60 of the Weld County Code. (Department of Planning Services) B. All thirteen homes must be served by the Public Water System. (Department of Public Health and Environment) C. The PUD must be in compliance at all times with the requirements of the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). (Department of Public Health and Environment) D. A Weld County septic permit is required for any repair or alterations to a 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) E. 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 s 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. (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 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. (Department of Public Health and Environment) G. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of PF 632,Cottonwood Falls PUD, page 4 the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) H. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) Weld County's Right to Farm note as delineated in Appendix 22-E of the Weld County Code. (Department of Planning Services, Department of Public Health and Environment) J. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services, 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 all lands surrounding this PUD are part of lands held by the National Hog Farms, Inc.and historicallya confined animal feeding operation has been located on these lands. 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. (Department of Planning Services) M. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) N. All signs including entrance signs shall require building permits. Signs shall adhere to the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department's of Planning Services and Building Inspection) O. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan as been approved and recorded. (Department of Planning Services) P. Proper building permits shall be obtained prior to any construction, remodeling, demolition or excavation. (Department of Building Inspection) Q. All structures shall conform to the Section 29-2-20 of the Weld County Code,Article II (1997 Uniform Building Code), Section 29-2-30 of the Weld County Code, Article II (1998 International Mechanical Code), Section 29-2-40 of the Weld County Code, Article II (1999 Electrical Code), 29-2-50 of the Weld County Code, Article II (1997 International Plumbing Code) and Section 29-2-10 of the Weld County Code, Article II, Chapter 29 (current Weld County Building Ordinance). (Department of Building Inspection) R. All buildings or structures shall maintain distances from the property lines and adjacent structures as outlined in Section 29-3-160 of the Weld County Code.(Department of Building Inspection) S. At the time an application is accepted for a building permit, a plan review will be done. A complete review of the building or structure by the Weld County Building Inspection Department or the Platte Valley Fire Protection District may reveal other building issues or areas needing attention. (Department of Building Inspection) PF 632,Cottonwood Falls PUD,page 5 T. Each structure located within this development is within the 100-year flood plain as delineated on the FIRM Community Panel Maps, panel numbers 080266 0675 C and 080266 0800 C, and Special Flood Hazard Information Report for the South Platte River,Volume I,dated April 1977. (Department of Planning Services) U. Non-Conforming Uses of a Structure have been established for the residential structures located on Lots 3, 6 and 9, case numbers NCU-372, NCU-373 and NCU-374 respectively. The residential structures fail to meet setbacks due to the rights-of-way for the internal roads. (Department of Planning Services) V. 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) W. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) X. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two(2)years of the date of the approval of the PUD Zone District,the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may, at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) Y. The PUD Final Plan shall comply with all regulations and requirements of Section 27 of the Weld County Code. (Department of Planning Services) Z. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) 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 location. (Department of Public Works) PF 632,Cottonwood Falls PUD, page 6 B. Building permits shall be obtained prior to the construction of any building or structure. A permit is required for the monument sign and the gazebo/bus shelter (Department of Building Inspection) C. Each building or structure will require an engineered foundation based on a site-specific geo-technical report or an open hole inspection performed bya Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) D. A plan review may be required for the sign and gazebo/bus shelter. If plans are not prepared by a Colorado registered architect or engineer, evidence shall be submitted to the Department of Building Inspection showing why the plans are not required to be so prepared. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) PF 632,Cottonwood Falls PUD,page 7 Clear Day Page 1 of 2 Donna Bechler From: Chris Gathman Sent: Wednesday, March 21, 2007 1:24 PM To: Donna Bechler Subject: RE: PZ#632/GKD, LLC Donna, The change of zone was approved by the Board of County Commissioners on June 19, 2002. Part of the confusion maybe that the case (#CZ-632)was under our old numbering format. Chris From: Donna Bechler Sent: Wednesday, March 21, 2007 12:55 PM To: Chris Gathman Subject: RE: PZ #632/GKD, LLC Just thought I would check with you to see if you found a date for this yet. Thank you for checking for me even though you didn't handle the case. If you can't find it, I will ask Kim again. Donna From: Chris Gathman Sent: Monday, March 19, 2007 3:59 PM To: Donna Bechler Subject: RE: PZ #632/GKD, LLC Actually Kim handled the change of zone, but I will check the original file to see if there was a specific date given. Chris From: Donna Bechler Sent: Monday, March 19, 2007 3:57 PM To: Chris Gathman Subject: PZ #632/GKD, LLC 3/21/2007 Clear Day Page 2 of 2 Hi Chris, We have the Staff approved Case File for PZ#632 /GKD, LLC, but we do not have anything showing when staff approved it. Could you please send or e-mail that to me? I contacted Kim, and he said you had handled this case. Thanks, Donna 3/21/2007 6 t"6;3/4;:•:, DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, COC 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 iiiiC. COLORADO September 29, 2003 Marla DeJohn- Cottonwood Falls PUD c/o Todd Hodges Design LLC 1269 North Cleveland Avenue Loveland CO 80537 Subject: PF-632 - Request for a Cottonwood Falls PUD Final Plat for thirteen (13) residential lots with Estate uses and 7.1 acres of Common Open Space on a parcel of land described as part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described are being processed at the present time. Our department will be processing the Planned Unit Development in accordance with Chapter 27, Article III of the Weld County Code. You will be notified by this office at the end of the review period regarding the PUD. If you have any questions concerning this matter, please feel free to call or visit. ij Sincerely, 1 Kim igle Pla ner 1_MONICA Mika - Mime.822 Page 1 Received: from mpls-qmqp-03.inet.gwest.net by AD01; Thu, 09 Oct 2003 14:50:15-0600 Received: (qmail 5586 invoked by uid 0); 9 Oct 2003 20:32:54-0000 Received:from mpls-pop-07.inet.gwest.net(63.231.195.7) by mpls-qmqp-03.inet.gwest.net with QMQP; 9 Oct 2003 20:32:54-0000 Received:from dour-dsl-gW21-poole76.dnvr.uswest.net(HELO VAIO1)(67.40.51.76) by mplspop-07.inet.gwest.net with SMTP; 9 Oct 2003 20:46:00-0000 Date: Thu, 9 Oct 2003 14:45:59-0600 Message-ID: <007801c38ea6$5904fbc0$0300a8c0@VA1O1> From: "Todd Hodges Design, LLC"<toddhodges@gwest.net> To: "MONICA Mika" <MMIKA@co.weld.co.us>, "Kim Ogle"<KOGLE@co.weld.co.us> Cc: "Marla DeJohn"<Momdejohn@aol.com>, "John Constant'<constant@searsrealestate.com> Subject: Cottonwood MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="---=_NextPart_000_0075_01C38E74.0DEECC10" X-Priority: 3 X-MSMaiI-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2720.3000 Disposition-Notification-To: "Todd Hodges Design, LLC"<toddhodges@gwest.net> X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2727.1300 This is a multi-part message in MIME format. ---=_NextPart_000_0075_01C38E74.0DEECC10 Content-Type:text/plain; ch arset="iso-8859-1" Content-Transfer-Encoding quoted-printable Monica: Thank you for taking the time to discuss the status of the Cottonwood Final Plan with me today. Based on our telephone conversation today, it is my understanding that the project is moving forward, considered complete and that staff will make this case a priority. It is also my understanding that Mr. Ogle will complete staff comments as soon as the referrals are received. Please let me know what the status of the Health Department referral is once you have had an opportunity to discuss the case with Trevor and Pam. Also, please contact us with any items that need to be addressed through your review of this case so that we may forward to the appropriate person. Thanks again for your attention to this matter. Todd A. Hodges, Principal Manager Todd Hodges Design, LLC (970)613-8556 fax: (970)613-8775 This message and the attached documents are for the sole use of the intended recipient and may contain 1'D- -1/(AA PQVQ-ovg' 'N) pbv 9<7.-Co r, 1 R b 14.0 71 T \N“6 (Aite �i�fl446hc'C-e L2 LLO 4TZ G,6Cs.4 Mc_c _A Lam'DnN t-Po0g (� .� a a-r,C: /1711lW� litLosciNb Wily) 47ubuL tOVJ %ri1., 4 44y1i- i o CL- b uJ• --9 f" ilVk Qom' GL v Fni-O fjn5 QQ {Y� V-C Sri -+ o5 "i Cc '2) —> }3 Nti Piv,4-t7k- 5ite'er i•Jetze ei7 '14 11(Wq04 41(4402ittceZ. Kim Ogle, Department of Planning Services This application is PZ-632, a PUD Final Plat for thirteen Estate zoned lots on a 25 acre parcel with 6.9 acres of open space. The applicant is Marla DeJohn who is represented by Todd Hodges of Todd Hodges Design.. This site is located W. of & adjacent to CR 69, & approximately 1/4 mile No. of CR 50. The residences, internal roads, overhead street lights, fire hydrants, existing landscape treatment and playgrounds are existing as they were originally constructed for the twelve unit managers of the National Hog Farm operation, which has since closed The twelve residences were permitted as ZPADs for Accessory Dwelling Units. Stick built temporary residential structures were allowed via the Zoning Ordinance in 1989. Potable water for the 13 residences is provided by two existing wells. With the third well to be utilized for irrigation water only. This is well #3 on the plan. Individual Sewage Disposal Systems are in place for each parcel. At the Change of Zone application phase, the Platte Valley Fire District stated they had no concerns with the proposed development Staff notes that: IW Electrical lines have been delineated on the Utility Plan dated September 19, 2003 11W) Electrical service appears to connect to only one well house, (#2) U' Water conveyance lines are not delineated on the Utility Plan One fire hydrant is delineated near the south property line within the right-of-way for Cottonwood Lane This application was set for review on September 30, 2003 Referrals are due back to this office on October 28, 2003 Staff comments will be prepared between November 24 and December 8, 2003 OVAAnA Z-567, Coyote Run page 1 • -- Mai 1t ( 3 t:'.s I t_'aigi, 11 . E 1269 North Cleveland Avenue Loveland,Colorado 80537/(970)613-8556 Letter of Transmittal Date: 26-Sep-03 To: Kim Ogle Weld County Planning Services Project: Cottonwood Falls PUD Final Plat Application Resubmittal Via: Fax UPS Mail Overnight Pick Up Courier X Hand Deliver We Transmit for your: Information Files Approval X Correction Signature Return Number of Copies: 24 Number of Pages: Transmittal + Packets Remarks: Attached is one original and 24 copies of the Cottonwood Falls PUD Final Plat Application. All packets are duplicates of the original and including the following: Cover Sheet, Table of Contents, 4/3/03 Receipt(4 pages); Application Form and Authorization Forms (8 pages); Development Guide(4 pages); Weld County Road Access Information Form (1 page); Final Plat Questionnaire (2 pages); Septic Information (36 pages); Platte Valley Schools(1 page); Well Permits(3 pages); District Court Water Division document (21 pages); Water System and Well Operation and Maintenance Information (89 pages); Public Drinking Water System Inventory Forms (6 pages); Pam Smith letter 8/11/03 (1 page); Brad Simons letter 9/8/03 (2 pages); Soils Map and Narratives(4 pages); Operating Agreement(18 pages); Covenants (38 pages); Deed (8 pages); Title(12 pages) Treasurer Statement(2 pages); Storm Drainage Report(39 pages). Plats include the follosing: Copy of Recorded Change of Zone(2 plats); Landscape Plan (1 plat); Final Plat (2 plats); Street Plan and Drainage(2 plats). Based upon prior conversations and meetings and due to the fact the improvements are either in place or have been purchased, the On-Site Improvemetns Agreement and need for Collateral is not applicable to this application. Please contact us for additional information. (970)613-8556. Todd Hodges Design, LLC r••••PLANNED UNIT DEVELOPML f FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number: Date Application Checked By: Planner Assigned to Case: TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we),the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Pt. E2 Section 34,T5N, R63 West of the 6`h P.M.,Weld County. Colorado. (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: Part of 0965 34 000029 (12 didgit number found on Tax I.D.or obtained in Assessors Office.) NAME OF PROPOSED PUD SUBDIVISION Cottonwood Falls EXISTING ZONING PUD CHANGE OF ZONE CASE NUMBER CZ-632 TOTAL AREA(ACRES) 25.08 TOTAL AREA(acres) OF COMMON OPEN SPACE 6.9% (28%) NO. OF PROPOSED LOTS 13 LOT SIZE: AVERAGE 1.13 acres MINIMUM 0.95 acres UTILITIES: WATER: NAME Three Existing Wells(35063-F, 35062-F and 242268) SEWER: NAME Individual Septic Systems. existing (Permits Attached) GAS: NAME Public Service PHONE: NAME U.S.West ELECTRIC: NAME Poudre Valley REA DISTRICTS: SCHOOL: NAME RE-7 Kersey. Platte Valley School District FIRE: NAME F-14, Kersey. Platte Valley Fire Protection District ENGINEERS NAME Jerry McRae FAX: (970) 356-3101 ADDRESS 1231 8th Avenue, Greeley, Colorado 80631 PHONE: (970) 353-6356 SURFACE FEE(PROPERTY OWNERS)OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: GKD. LLC do Maria DeJohn FAX: (970) 352-9575 ADDRESS: P.O. Box 5218 , Greeley. CO 80634 PHONE: (970) 352-1391 NAME: National Hog Farms do Bill Haw. President FAX: (816) 842-5078 ADDRESS: 1600 Genessee Kansas City. Missouri 64102 PHONE: (816) 221-4501 x 11 APPLICANT OR AUTHORIZED AGENT Of different than above): NAME: Todd Hodges Design, LLC FAX: (970)613-8775 ADDRESS: 1269 North Cleveland Ave. Loveland. Colorado 80537 PHONE: (970) 613-8556 OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: Please see attached narrative. Sig ature: Owner or Ad orized Agent Marla DeJohn, Managing Partner GICD, LLC P.O. Box 5218 Greeley, Colorado 80634 To Whom It May Concern: Please be advised that I, Marla DeJohn, Managing Partner GICD, LLC, hereby authorize Todd Hodges Design, LLC, to represent me in my endeavor to subdivide my land, located in the E '/2 34-05.-63 wyst of the 6t'P.M., Weld Co nty, Colorado. J(O elf Marla DeJohn date Corporate Signature Rights GKD,LLC September 11, 2003 In accordance with the operating agreement of GKD, LLC dated November 18, 2002; Marla DeJohn, as managing member, has the right to sign any legal documents pertaining to the subdivision of the property located at E ''/z 34-05-63 west of the 6th P.M., Weld County, Colorado. r i4 L �, � , Marla DeJohn, Managing e ber Todd Hodges Design, LLC Cottonwood Falls PUD Final Plan Application (Specific Guide) Prepared for: GKD, LLC P.O. Box 5118 Greeley, Colorado 80634 Prepared by: Todd Hodges Design, LLC Resubmitted: September 26, 2003 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775 email: toddhodgesdesign@earthlink.net Todd Hodges Design, LLC Table of Contents Cottonwood Falls PUD Final Plan — Specific Guide 1. Copy of Receipt from Original Application Submittal Date, April 3, 2003 2. Final Plat Application Sheet 3. Authorization Letter 4. Corporate Signature Rights for Marla DeJohn 5. Specific Development Guide 6. Road Access Information Form 7. Final Plan Application Requirements and Response to Staff Comments a. Septic Information — Permits and Statement of Existing b. Platte Valley School District approval c. Well Permit 242268 d. Statement of Beneficial Use, Well Permis#035063-F, #035062-F e. District Court, Water Division 1, documentation recorded by Weld County 9/25/02 f. Leaflett, "Information on Your Water System" g. Leaflett, "Emergency Action Plan, Well Site #3" h. Installation,Operation and Maintenance Manual for Well Sites #1 and 2, dated May, 2003 by Pickett Engineering i. Installation, Operation and Maintenance Manual for Well Site #3, dated November, 2002 by Pickett Engineering j. Public Drinking Water System Inventory Form, Residential Wells #1, 2 and 3 k. Letter from Pam Smith, Weld County ISDS Coordinator, Weld County Public Health and Environment dated August 11, 2003 I. Letter from Bradley Simons, District Engineer, State Division of Water Resources dated September 8, 2003 m. Correspondence regarding water service to outside home. 8. USDA Soils Map and Corresponding Narratives 9. Covenants and Homeowners Association 10. Articles of Incorporation 11. Warranty Deed and corresponding documentation 12. Certificate of Title 13. Weld County Treasurer Tax Statement 1269 North Cleveland Avenue •Loveland. Colorado 80537 • (970)613-8556 • fax: (970)613-8775 email: toddhodges(agwestnet Todd Hodges Design, LLC 14. Storm Drainage Report, Utility Plan, Street Plan and Drainage Plan, attached 15. Landscape Plan, attached 16. Recorded Change of Zone Plat, attached 17. Final Plan, attached 1269 North Cleveland Avenue •Loveland, Colorado 80537 • (970)613-8556 • fax: (970)613-8775 email: toddhodges(a)gwestnet U)111 J tit 4 LL F- 0 co F- �, ✓ J W o Y U r) _z a 5 c,Q W co H W a a w 4u x w 0 o 0 a2LL O 4 Z ZCD Z J - w o fY LL OZ > co ,zr U4 0M } ct F F J U - Q. — r x z : 0Z -) � N Q 00to Wo z 0 F- �) o UZtn tr ,_ 2' CIiu (� (-fl - W J g M U) } Q.' r) Z U W O U) it Z d t` 5 Q Z W U W a' LU Z O O LL ❑ i IXO tL F- c7 uO1 tLL- z - n to LL 4 z ICD Ei OI 0 ET)tY 5 a Q- C7 Co F- O a tL w x CI- El `a Q ua "' O ❑ 0 U' g ce w N 0 CO Q a 0- v) -07 w U w w Q. rn �- O D 7 O z 4 O 0 > w ce N D u) 0 a w m u_ n a U z tx z Eli ITJ F- O r •-t" r- r- O O O O o6 Q N N N N N N N N N r0 in M CO ID U) N N (N1 N N N N N N V d r- Lt.) U O Et v v -4- *I- v a v .4- v -a up • ❑ CO .u? J HOC",. • McRAE & SHORT, INC. 1231 8th Avenue Greeley, Colorado 80631 " s /_663 Telephone(970)356-3101 En ineerin Surveying, & Lan 1'34;6 n -t 9 9, Planningpin 1 November 20, 2003 Project # 01235 Department of Planning Services Weld County, Colorado 1555 N. 17'h Avenue Greeley, Colorado 80631 Re: Cottonwood Falls PUD Final Plat Mr. Kim Ogle, As agreed, the Department of Planning Services hereby has my approval to correct the Department's Certificate and add a Notary Public Statement there to ; and to add the Department's Project/Case number as reference to these sheets. Respectfully, McRae & Short, Inc. 49.1 41O /00 �r,�st EBFo . AY %l Z/-a3 Robert A. Short 72 Registered Land Surveyor 42 t Colorado Re No. 7242 /, •� �� / Reg. 1j� -� s,�' / Cottonwood Falls Planned Unit Development Specific Development Guide Introduction Cottonwood Falls Planned Unit Development provides a unique rural residential opportunity in unincorporated Weld County. The approximately 25-acre site is currently developed with thirteen existing homes, internal roads, and sweeping views to natural prairie landscapes while nestled amongst large cottonwood trees. These units were approved by the Department of Planning Services as accessory dwellings for unit managers of the National Hog Farm operation. The existing character of the subdivision will be improved both externally and internally. Initially developed as employee housing for the National Hog Farms operations, the existing housing will be renovated. A monument sign has been erected near the entrance of the subdivision off of Weld County Road 69. Additionally, a gazebo will be sited to serve a dual purpose as a covered shelter for school children waiting for the school bus. A basketball court may be developed north of and adjacent to the gazebo by the Home Owners Association, if so desired. In addition, a new mail delivery station will be constructed near the gazebo shelter area. The renovation of the existing structures has been completed. This subdivision is an outstanding example of how existing structures can be renovated to meet current needs. The applicant seized the opportunity to make a positive contribution to the development of unincorporated Weld County. Rather than allow this rural subdivision to become managed as perpetual rental units and/or fall into a perennial state of disrepair. Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One- environmental impacts 1. Noise and vibration 2. Smoke, dust and odors 3. Heat, light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. As the use of the site will remain residential and open space, adverse impacts from noise and vibration, smoke, odors, heat, glare, visual impacts, electrical interference and water pollution will not occur on the site. Visual and aesthetic impacts has been enhanced by entrance landscape treatments and landscaping within the subdivision. 7. Wastewater disposal All wastewater disposal within this development is through the use of individual septic systems. Individual septic permits currently exist on the site. Replacement envelopes have been delineated on the plat. The proposed lot sizes within the subdivision have been designed to meet the density requirements of the Weld County Code and the Weld County Health Department, therefore no negative impacts are foreseen on this site. All past inspections and information have been included with this application. The requirement for a Geo-Technical Report is not applicable to this application per a conversation with Pam Smith. 8. Wetland removal This proposal does not remove wetlands. 9. Erosion and sedimentation 10. Excavating, filling and grading 11. Drilling, ditching and dredging Not applicable as the site has already been developed. Any additional on-site grading, drilling, ditching or dredging will be done sympathetically. Erosion will be kept to a minimum. 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. The residential uses should not create negative impacts to air pollution or contribute to solid waste concerns. There will also be minimal removal of natural vegetation on the site. 16. Radiation/radioactive material To the applicant's knowledge, there are no radioactive materials located on this site. 17. Drinking water source Potable water for the residential lots is currently provided by three existing wells. Twelve units share two wells. The thirteenth unit is served by an individual well. Please refer to the enclosed well inspection information included with this application as well as the State Division of Water Resources approval. 18. Traffic impacts This formalization of the subdivision process will not create additional impact to the existing roads in the area. All residential lots will be served by an internal roadway which will limit the number of access points onto Weld County Roads 69, further allowing a continuous flow of traffic on these roadways. Any unforeseen traffic impacts resulting from the review of this proposal by the Weld County Public Works Department will be addressed in future application submittals. Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this PUD include the Kersey School District RE-7, Weld County law enforcement, and the Platte Valley Fire Protection District. This proposal should have a minimal impact to these service providers, as they already provide service to these thirteen residential units. A gazebo has been placed in a location to provide covered space for school children to meet the school bus in the mornings. 5. Transportation (including circulation and roadways) 6. Traffic impact analysis by registered professional engineer The internal roadway in the PUD has been upgraded. A cross section of the proposed roadway is included with this application. 2 7. Storm drainage Storm drainage will be handled on this site. The drainage and engineering documents reflect this. The attached engineering documents prepared by Jerry McRae dated June 20, 2003 reflect and address this condition. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions Utilities are currently servicing these thirteen residential units. As previously stated, the thirteen residential units are currently served by three existing wells. The sewage disposal will be from individual septic systems. The size of the residential lots is due to existing conditions. The applicant has been in contact with the Weld County Department of Public Health and Environment to design replacement envelopes for each system. These replacement envelopes have been designated on the plat submitted with this application. Section 27-6-60 Component Three— landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment Individual landscaping on each lot will be determined and maintained by the lot owner. A Copy of the recorded landscape plan has been submitted with this application. Landscaping in the common areas is existing. 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water The maintenance for all landscape improvements in the common open space areas will be conducted by the homeowners association. All plant material will be maintained in a healthy state and any dead or dying plant material will be replaced at the earliest planting time possible. If needed, plant materials will be irrigated by either an installed watering system or by truck. Section 27-6-70 Component Four— site design 1. Unique features As previously stated, the topography of the site is flat, allowing sweeping views to the rolling hills north of the South Platte River. The site is located north of and adjacent to the South Platte River. In addition, approximately ' mile to the west is the northern boundary of the Centennial Valley State Wildlife Refuge area. An existing shelter belt of cedar trees will be maintained in the common open space area. There are no other unique natural features existing within the proposed PUD. 2. PUD rezoning consistent with Chapter 22 of Weld County Code The intent of this proposal is legitimize thirteen residential lots created by the National Hog Farms operation. This operation ceased to exist December, 2000. Rather than allow the existing structures to become in a state of disrepair, the applicant desires to rehabilitate the residential units and sell them as separate legal parcels. The application is consistent with the existing surrounding land uses, and development trends in the area outlined by Weld County. The design of the PUD provides for the thirteen existing residential lots and open space areas. This PUD proposes to preserve 7.1 acres (approximately 28% of the property) in active open space. It is the intent of this application to comply with Chapters 20, 22, 23, 24 and 27 of the Weld County Code. 3 This property is located on land classified as "Other" by the USDA Soils map recognized by Weld County. A.Goal 1, Section 22-2-60A.1. states, "Preserve prime farmland for agricultural purposed which foster the economic health and continuance of agriculture." Due to the "Other" soils classification and the fact that the development is existing, this application does not propose to remove prime farmland from production. Section 22-2-60.D.1, A.Goal 4 further states, "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agriculturally productivity in the County." This development does not propose to remove Prime Agricultural Land. This proposal does desire to create thirteen legal lots which were clustered on the National Hog Farm operation. The Policies found in Section 22-2-60.D.2.a 1 through 7 have been taken into consideration during the formation of this application. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties and proposes similar uses. The site is designed to provide for a non- urban scale residential development with an open space. All recorded plats will include the Weld County Right to Farm, found in Appendix 22-E of the County Code. 5. Overlay districts The Storm Drainage Report completed by Jerry McRae addresses the Flood Hazard Overlay District. Section 27-6-80 Component Five— common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15% common open space allocation In accordance with Section 27-6-80.6.7, 15% of the site is required to be devoted to common open space. This development proposal exceeds this requirement as it proposes to dedicate approximately 7.1 acres, or approximately 28% of the total site to common open space. The common open space will be owned and maintained by the homeowners association. The construction of the open space amenities is minimal and is mainly vegetation. Section 27-6-90 Component Six—sianaae An entrance monument sign and landscaping treatment has been placed. Section 27-6-100 Component Seven-MUD impact Section 27-6-110 Component Eight— intergovernmental agreement impacts Not-applicable: This proposal is not located within the Mixed Use Development Boundary or within an Intergovernmental Agreement Urban Growth Boundary as delineated by Weld County. 4 Road File t: tl:: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: till H Street, P.O. Box 758. Greeley.CO 80632 Phone: (970)356-4000.Ext. 3 750 Fax: (970)304-6497 1. Applicant Name Marla DeJohn (GKD, LLC) Phone (970) 352-9575 Address P.O. Box 5218 City Greeley State CO_Zip 80634 2. Address or I cation of access 2500 WCR 69-- Kersey (National Hog Farms Site) Section 34 Township 5 Range 63 Subdivision Cottonwood Falls PUD Block Lot Weld County Road a 69 Side of Road West Distance from nearest intersection Approx 1/2 mile 3. Is there an existing access to the properly? Yes X No d of accesses I Main Access Proposed 4. Proposed Use: N Permanent N ResidcntialiAericultural J Industrial J Temporary J Subdivision O Commercial J Other ***************************************** ****************kkkkkk**** ************************************* 5. Site Sketch legend for Access Description: ACi = Auiculmral ' 4 �IbtwR. RES = Residential RjILc; O&G - Oil & Gas D.R. - Ditch Road Approx. Site Location Existing and Proposed Access Please refer to attached plats for more details. Approx. Location) *** **********4*************4444444kkkkkk!#k4************4*******kkkk4k4******4,44kk****, *,********4,,,4k4 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions **.* **********,,**.***k******,**********s***********,4*******s*****,*********k***.,s**.,*****t******.**** 3 Installation authorized O Infomiation Insufficient Reviewed Bye Title: Cottonwood Falls PUD Final Plan — Application Requirements 1. The Final Plan application form is included in the submitted application materials. 2. A copy of the Recorded Change of Zone Plat and Landscape Plan is included in submitted application materials. 3. A copy of the Certificate of Title is included in submitted application materials. 4. A tax statement from the Weld County Treasurer's office in included in submitted application materials. 5. The engineered drawing and report from the project engineer are stamped and certified. 6. An On-Site Improvements Agreement and Construction Schedule is not applicable to this application. The gazebo has been purchased. Placement of the gazebo is pending approval of this application. 7. Review of this proposal by Weld County Public Works has insured the street system serving this PUD is adequate. 8. A PUD Construction Schedule is not applicable as all improvements are in place. 9. The requirement of a Letter of Credit is not applicable to this application as all improvements are in place or purchased. 10. This proposal has been granted staff-review through the PUD Final Plan, therefore a certified list of surrounding property owners is not applicable to this submittal. Such list was provided with the Change of Zone application materials. 11. A record of ownership was included as part of the PUD Change of Zone application materials and has been included in this submittal. 12. Cottonwood Falls PUD is in compliance and meets criteria as set forth in the Change of Zone application materials and Board of County Commissioner's Change of Zone Resolution. This proposal has been reviewed under the specific guide. Submitted materials have thirteen zoned lots and one open space lot. 13. A Flood Hazard Development Permit has been conditionally approved. 14. A Final Plan plat is included in submitted application materials. 15. A copy of the Final Landscape Plan is included in submitted application materials. 16. A Utility Plan is included in the submitted application materials. 17. The Street Plan and Drainage is attached to this application. These plans were prepared by Jerry McRae and dated June 20, 2003. 18. Staff comments from the Change of Zone indicated that the applicability of obtaining a Storm Water Discharge Permit and a Fugitive Dust Control Plan should be considered. The applicant contacted the appropriate State of Colorado agencies and determined these permits are not applicable to this application. The applicant is aware of criteria for making this determination and shall follow State guidelines. OPERATING AGREEMENT GKD, LLC THIS AGREEMENT is made and entered into this IS_day of /VQ'✓E.At‘ ,2002, by and between GED, LLC, a Colorado Limited Liability Company(the "Company"), and Gary DeJohn and Marla DeJohn,hereinafter referred to as"Members." WITNESSETH: IT IS AGREED, in consideration of the promises, covenants, performance, and mutual consideration herein as follows: FORMATION OF COMPANY 1.1 Articles of Organization. This Company is organized pursuant to the provisions of the limited Liability Company Laws of the State of Colorado and pursuant to Articles of Organization filed with the Secretary of State on October 12,2000. The rights and obligations ofthe Company and the Members shall be provided in the Ankles of Organization and this Operating Agreement. 1.2 Conflict Between Articles of Organization and this Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement, the terms of this Operating Agreement shall control. 1.3 General Purpose. The general purpose of the Company is to engage in any lawful business, subject to any provisions of law governing or regulating such business. 1.4 Duration. The duration of the Company shall be perpetual. II CAPITAL CONTRIBUTIONS 2.1 Contribution. The Capital Contributions to be made by the Members and with which the Company shall begin business are as follows: No. of Units or Member's Name atfilflialtion percent of Ownership Guy DeJohn and Marla DeJohn, as joint tenants $2,000.00 100% 2.2 Additional Capital Contribution. In the event the cash funds of the Company are insufficient to meet its operating expenses or to finance new investments deemed appropriate to the scope and purpose ofthe Company as determined by the Managers and,ifthe Members vote to make additional contributions,the Members shall make additional Capital Contributions,in the proportion of their percentage of ownership at the time of the required Member vote. The amount of the additional capital required by the Company and the period during which such additional capital shall be retained by the Company shall be determined by the Managers. 2.3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments,the Company may,as determined by the Managers,borrow money from one or any of the Manager, Members or third persons. In the event that a loan agreement is negotiated with a Manager or Member,he or she shall be entitled to receive interest at a rate and upon such terms to be determined by the Managers, excluding the Manager making said loan,if applicable,and said loan shall be repaid to the Manager or Member,with unpaid test,if any,as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts so loaned are to be entitled to priority of payment over the division and distribution of Capital Contributions and profit among Members. 2.4 Failure to Contribute. 2.4.1 if a Member does not contribute by the time required all or any portion of a Capital Contribution that Member is required to make as provided in this Agreement, the Company may exercise,on notice to that Member(the"Delinquent Member")and in addition to any other remedy permitted by this agreement or by law,one or more of the following remedies: 2.4.1.1 Any Member may make a loan to the Delinquent Member in the amount of the required contribution,which shall be paid directly to the Company. The Member making such loan is referred to herein as the"Lending Member." The loan shall bear interest at two(2)points over prime as published in the Wall Street Journal. 2.4.1.1.1 As security for the payment of(a)all Capital Contributions that a Member maybe - required to make under this Agreement and(b)for the payment of all loans and interest accrued on them made by Lending Members to a Delinquent Member pursuant to Section 2.4.1.1,each Member hereby grants to the Company, and to each Lending Member with respect to any loans made by the Lending Member to that Member as a Delinquent Member pursuant to this Section,a security interest in and a general lien on such Member's Account and the proceeds thereat all under the Colorado Uniform Commercial Code. Upon any default in the payment of a Capital Contribution or in the payment of such a loan or interest accrued on it,the Company or the Lending Member,as applicable, is entitled to all the tights and remedies of a secured party under the Colorado Uniform Commercial Code with respect to the security interest granted in this Section. Each Member shall execute and deliver to the Company and the other Members all financing statements and other instruments that 2 • the Managers or the Lending Member, as applicable, may request to effectuate and carry out the preceding provisions of this Section. This Agreement, or a photographic or other copy hereof, constitutes a security agreement authorizing the filing of a UCC Financing Statement to give notice of the Company's and/or Lending Members' Interest in the collateral specified herein without a signature of the Delinquent Member on said UCC Financing Statement. The security interest created in this Section shall be superior in right to any other interest in the Delinquent Member's member account created in violation of Article XIII of this Agreement. Additionally,if the loan is not sooner paid,all distributions ofassets or income to which a Delinquent Member may be entitled shall first be paid to the Lending Member to the extent of any loans made under this Section plus interest or withheld by the Company to the extent of any Capital Contributions the Delinquent Member has filled to make. 2.4.1.2. Expulsion of the Delinquent Member pursuant to Article VIII of this Agreement. 2.4.2. Return of Contributions. A Bolder is not entitled to the return of any part of a Capital Contribution or to be paid interest in respect of either a Member Account or a Capital Contribution. An unrepaid Capital Contribution is not a liability ofthe Company or of any Member. A Member is not required to contribute or to lend any cash or property to the Company to enable the Company to return any Capital Contribution. m MEMBERS'ACCOUNTS; ALLOCATIONS OF PROFIT AND LOSS;DISTRIBUTIONS 3.1 Member's Accounts. A separate Member Account shall be maintained for each Member Initially,each Member Account shall reflect the amounts specified in Section 2.1 and,if a Member merely has promised to contribute the amount specified in Section 2.1, the Company shall maintain a corresponding subscription receivable on behalf of that Member. Except as expressly granted herein, no Member shall withdraw any part of his or her Member Account without the approval of the Managers. If an additional contribution is required of the Members pursuant to Section 2.2,the amount of such additional contribution shall be added to the balance in the Member's account immediately upon receipt. At least annually,Company profits,losses,gains,deductions,and credits shag be charged or credited to the separate Member Accounts. The profits, losses, gains, deductions,and credits of the Company shall be allocated among the Members as provided in Section 3.2. No interest shall be paid on any credit balance in a Member Account. 3 • 3.2 Allocations Among Members. The profits and gains ofthe Company shall be divided and the losses,deductions,and credits oldie Company shall be allocated in the following proportions: (Name) (Percent) Gary Delohn and Maria Dadra, as joint tenants 100% 3.3 Disproportionate Member Amounts. No interest or additional allocation of profits, losses, gains, deductions, and credits shall inure to any Member by reason of his or her Member Account being proportionately in excess of the Member Accounts of the other Members. 3.4 Distribution of Assets. 3.4.1 All distributions of assets of the Company, including cash,shall be made in the same allocations among Members as described in Section 3.2. 3.4.2 The Managers shall determine,in their discretion,whether distributions of assets ofthe Company should be made to the Members;provided,however,that no distribution of assets may be made to a Member if, after giving effect to the distribution,all liabilities of the Company,other than liabilities to Members on account of their Member Accounts, would exceed the faire value of the Company assets. 3.4,3 A Member has no tight to demand and receive any distribution from the Company in any form other than cash. IV RULES RELATING TO THE MEMBERS 4.1 Admission of New Members. Additional Members may be admitted upon the unanimous written consent of all Members. 4.2 Voting of Members. A Member shall be entitled to one vote for each unit or percentage of ownership he or she has in the Company on any matter for whichMembers are required to vote. A Member may vote in person or by proxy at any meeting of the Members. Unless otherwise stated in this Agreement, ail decisions of the Members shall be by a majority vote based on the percentage of ownership in the Company,i.e.more than 50 paced of the ownership interests represented at a properly called meeting of the Members at which a quorum is present, or by wtanimous written consent of the Members, 4 • 4.3 Meetings of Members. 4.3.1 Meeting ofMembers may be held at such time and place,either within or without the State of Colorado, as may be determined by the Managers or the person or persons calling the meeting. 4.3.2 An anal meeting of the Members shall be held on the 1, AZT. in the month of p iuyVC.ca,C year beginning in 2003. 0 4.33 A Special meeting of the Members may be called by the Managers and by any Member entitled to vote at the meeting. 4.3.4 Written notice stating the place, day and hour of the meeting and, in the case of a special meeting,the purpose for which the meeting is called,shall be delivered not less than ten(10) days nor more than fifty(50)days before the date of the meeting,either personally or by snail,by or at the direction of the Managers or any other person calling the meeting,to each Member of record entitled to vote at such meeting. A.waiver of notice in writing,signed by the Member before,at,or after the time of the meeting stated in the notice shall be equivalent to the giving of such notice. 4.3.5 By attending a meeting,aMembat waives objection to the lack of notice or defective notice inhere the Member, at the beginning of the meeting,objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented. 4.4 Quorum and Adjournment. A majority of the Membership Interests based on percentage of ownership entitled to vote shall constitute a quorum at the meeting of the Members. If a quorum is not represented at any meeting of the Members, such meeting may be adjourned for a period not to exceed sixty (60) days at any one adjournment; provided, however, that if the adjounnmentisfor more than thirty(30)days,a notice of the adjourned meeting shall be given to each Member entitled to vote at the meeting. V - RULES RELATING TO MANAGERS 5.1. General Powers. Management of the conduct of the business of the Company shall be vested in the Managers. The Managers may adopt resolutions to govern their activities and the manner in which they shall perform their duties to the Company. 5.2 Qualifications of Managers. Managers shall be natural persons eighteen(18)years of age or older. 5 Si • Number,Election and Term. 5.3.1 The number ofManagers shall be two(2). The number ofManagers shall be increased or decreased by the vote or consent of the Members. 5.3.2 The initial Managers shall hold office until the first annual meeting of Members and until their successors have been elected and qualified. Thereafter, each Manager elected by the Members shall hold office for a one-year term or until his or her successor has been elected and qualified. 5.3.3 Managers shall be elected by a vote or consent of the Members at an annul meeting or at a special meeting called for that purpose. 5.4 Meetings and Voting. 5.4.1 Meetings of the Managers may be held at such time and place as the Managers by resolution shall determine. 5.4.2 Written notice ofmeetings ofthe Managers shall be delivered at least twenty-four(24) hours before the meeting personally, by telecopier, or by mail actually delivered to the Manager within the twenty-four(24)hour period. A waiver ofnotice in writing,signed by the Manager before, at,or after the time of the meeting stated in the notice,shall be equivalent to the giving ofauch notice. 5.4.3 By attending a meeting,a Manager waives objection to the lack of notice or defective notice unless,at the beginning of the meeting,the Manager objects to the holding of the meeting or the transacting ofbuainess at the meeting. 5.4.4 A majority of the Managers entitled to vote shall constitute a quorum at the meeting of Managers. 5.4.5 All decisions of the Managers shall be made by a majority vote of the Managers at a properly called meeting of the Managers at which a quorum is present, or by unanimous written consent of the Managers. 5.5 Duties of Managers. 5.5.1 The Managers shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act,as amended from time to time. 5.5.2 The Managers may designate any one of the Managers or delegate an employee or agent to be responsible for the daily and continuing operations ofthe business airs ofthe Company. All decisions affecting the policy and management of the Company,including the control,employ- ment,compensation,and discharge ofemployeea;the employment ofcontractors and subcontractors; 6 and the control and operation of the premises and property,including the improvement,rental,lease, maintenance,and all other matters pertaining to the operation of the property of the business shalt be made by the Managers. 5.5.3 My Manager has the hill power and authority to sell, purchase, encumber or otherwise traasfa or acquire real estate or property or any interest in real estate or property. In furtherance of that power and authority,any Manager may execute,in the name of the Company any or all of the following instruments: contracts of purchase or sale,deeds with or without warranty, deeds of mist, mortgages,promissory notes,assumption documents,traces of escrow fluids and of insurance policies, dosing and settlement statements, applications for loans, and any other documents containing such terms and conditions and such warranties and covenants as the Manager deems necessary or convenient in order to complete any such authorized transaction. Any Manager also is authorized and empowered to receive and collect funds and documents and sign receipts for such funds and documents and to endorse and deposit checks or drafts. 5.6 Devotion to Duty. At all times during the term ofa Manager,the Manager shall give reasonable time, attention, and attendance to, and use reasonable efforts in the business of the said Company;and shall,with reasonable skill and power, exert himself or herself for the joint interest, benefit,and advantage ofsaid Company;and shall truly and diligently pursue the Company objectives. 5.7 Indannifkation. Managers,employees and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act, as amended from time to time, and shall be entitled to the advance of expenses, including attorneys'foes,in the defense or prosecution of a claim against him or her in the capacity ofManager, employee,or agent. 5.8 Removal, At a meeting called expressly for that purpose,all Managers or any lesser number may be removed with or without cause by a vote of the majority of the Membership Interests based on the percent of ownership then entitled to vote at an election of Managers. VI BOOKS 6.1 Location of Records. The books ofthe Company shall be maintained at the principal office of the Company or at such other place as the Managers by vote or consent shall designate. 6.2 Access to Records and Accounting. Each Member shall at all times have access to the books and records of the Company for inspection and copying. Each Member shall also be entitled: 6.2.1 To obtain from the Managers upon reasonable demand for any purpose such information reasonably related to the Member's Membership Interest in the Company; 7 • 6.2.2 To have true and full information regarding the state of the business and financial condition and any other information regarding the affairs of the Company; 6.2.3 To have a copy ofthe Company's federal,state,and local income tax returns for each year promptly after they are available to the Company;and 6.2.4 To have a formal accounting of the Company airs whenever circumstances render an accounting just and reasonable. 6.3 Accounting Rules. The books shall be maintained on a cash basis. The fiscal year of the Company shall be the calendar year. Distributions to Member Accounts shall be made at least annually. The books shall be dosed and balanced at the end of each calendar year;and, Wan audit is determined to be necessary by vote or consent of the Managers,it shall be made as of the dosing date. The Managers may authorize the preparation of year-end profit-and-loss statements,balance sheets,and tax returns by a public accountant. VII DISSOLUTION 7.1 Dissolution by Majority Agreement. The Company shall be dissolved at any time by majority vote of the Members. 7.2 Death, Expulsion, Bankruptcy, Retirement or Resignation of a Member; Continuation of Business. Upon the death, expulsion,bankruptcy,retirement or resignation of a Member,the retired(as defined in Article X),resigned(as defined in Article X),deceased(as defined in Article XI),expelled(as defined in Ankle VW)or bankrupt(as defined in Article IX)Member ("Withdrawn Member") shall give notice to the Company and all of the other Members (the "Remaining Members") of the Withdrawn Member's desire to have either the Company or the Remaining Members elect to either buy out the Withdrawn Member's Membership Interest pursuant to the provisions of Section 7.3 below or to dissolve the Company pursuant to C.R.S.7-80-801 et. seq. In lieu of the foregoing notice from the Withdrawn Member, the Company or Remaining Members shall give notice to the Withdrawn Member triggering an election to either buy out the - Withdrawn Member's Membership Interest or to dissolve the Company. Upon such notice, the Withdrawn Member's Membership Interest shall cease and gate and the Withdrawn Member shall only be entitled to the payments described in Sections 7.3 or 7.4. 7.2.1 Election to Buy or Dissolve. The election to either buy out the Withdrawn Member's Membership Interest or to dissolve pursuant to C.R.S.740-801 et seq.,shall be made within 30 days after the Effective Date of the notice given by the Withdrawn Mentor(or any Remaining Member if notice is being given to a Member for expulsion or bankruptcy). Said election shall be made by a •majority vote of the Remaining Members. 8 • 7.2.1.1 If the Remaining Members elect to continue the business by purchasing the Withdrawn Member's Membership Interest, no dissolution shall occur. The Remaining Members shall continue the business of the Company and purchase the Withdrawn Member's Membership Interest on the terns set forth in Section 7.3 below. The Company's decision to purchase the Withdrawn Member's Membership Interest shall take precedence over any Remaining Member's decision to purchase such Membership Interest. 7.2.1.2 If the Remaining Members elect to dissolve the Company, the Remaining Members shall promptly cease doing business and dissolve the company pursuant to CRS. 7-8-801 et. sag and Section 7.4 below. 7.2.2 Notice. The notice referenced in Section 7.2 above shall be by certified mail,return receipt requested, to the address of each Member on the.books of the Company, or by personal delivery. If the notice is from a Withdrawn Member,the notice shall be given to the Company at its address g4 individually to all of the Remaining Members. In the event of the death of a Member, the notice shall be given by or given to the executor or administrator ofthe decedent,or,if at the dine of such notice no legal representative has been appointed,upon any one of the known legal heirs of the decedent at the last known address of such heir. 7.2.3 Effective Date. The "Effective Date" shall be the date the notice, identified in paragraph 7.2,is postmarked or hand delivered to the recipient. If there is more than one notice to be mailed or delivered,the Effective Date shall be the date of the last postmark or delivery to occur. 7.3 Purchase of Withdrawn Member's Membership Interest. 7.3.1 The purchase price of the Withdrawn Member's Membership Interest shall be the "Appraised Value."The Appraised Value,as used in this Agreement,shall be a dollar amount equal to the product obtained by multiplying(a)the percentage of ownership as shown in paragraph 2.1 above by(b)the fair market value of the Company's assets as detenSed in accordance with Section 7.3.1.1 nines the liabilities of the Company. 7.3.1.1 Fair Market Value. The fair market value of the Company's assets shall be determined in the following manner:within 60 days of the Effective Date the offering Member, the personal representative ofthe decedent or heir,the withdrawing Member or the expelled Member as the case may be, shall select an appraiser(Member's Appraiser)to determine the fair market value of the Company's assets. 7.3.1.1.1 The Members Appraiser shall submit lir/ber determination thereof within 30 days after the date of his/her selection(the"Appraisal Due Date"). 9 • 7.3.1,1.2 If the Appraisal made by the Member's Appraiser is unsatisfactory to the Company,the Managers shall select an appraiser within 15 days after the date of the Appraisal Due Date to determine the fair market value of the Company's assets. Such appraiser shall submit his/her determination thereof within 30 days after the date of his/her selection. 7.3.1.1.3 If the appraisal made by the Company's appraiser is unsatisfactory to the personal representative of the decedent or heir,the withdrawing Member or the expelled Member, as the case may be, then the Managers of the Company and the personal representative of the decedent or heir,the withdrawing Member or the expelled Member,as the case may be,shall select a third appraiser to determine the fair market value of the Company's assets and such appraiser shall submit his/her determination thereofwithin 30 days after the date ofhis/her selection. The appraiser's detemtination thereof shall be binding upon the Company,the Remaining Members and the offering Member,the personal representative ofthe decedent or heir,the withdrawing Member or the expelled Member, as the case may be. 7.3.1.1.4 Qualifications of Appraiser. Any and all appraisers selected in accordance with the provision of this Section 7.3.1 shall be appraisers who conduct their business in the area where the assets of the Company are principally located in accordance with generally accepted appraising standards. Any and all costs incurred in connection with any of the appraisals provided for in this Section 7.3.1,shall be born equally by the Company and the offering Member,the personal representatives ofthe decedent or heir,the withdrawing Member or the expelled Member,as the case maybe. 7.3.2 Election to Pay by Installments. In the event of a determination of purchase price pursuant to Section 7.3.1,the Managers may elect to pay for the withdrawing Member's interest on an installment basis by paying 15 percent in cash within 30 days after the determination of Appraised Value, the remainder amortized in monthly payments with a 25 year amortization with a 5 year balloon accruing interest at the treasury bill rate quoted by the Wall Street Journal plus two (2) percent on the Effective Date. There shall be no prepayment penalty. Nothing in this paragraph shall prevent the Company from paying cash for the withdrawing Member's interest. The debt shall be reflected by a promissory note signed by the Company on a Colorado Real Estate Commission approved form(with the"right to sue"), and if the Company owns real estate,the promissory note shall be secured by a deed of trust on a Colorado Rcal Estate Commission approved form(strict due _ on transfer), subject only to existing deeds of trust on the Effective Date. In exchange for the promissory note and deed of trust,the withdrawing Member shall transfer all his or her interest to the Company. 7.4 Distribution of Assets Upon Dissolution. In the event of dissolution of the Company, the Managers shall proceed with reasonable promptness to sell the real and personal property owned by the Company and to liquidate the business of the Company. Upon dissolution, the assets of the Company business shall be used and distributed in the following order. 7.4.1 Any liabilities and liquidating expenses of the Company will first be paid; 10 • 7.4.2 The reasonable compensation and expenses of the Managers in liquidation shall Paid; 7.4.3 The amount then remaining shall be paid to and divided among the Members in accordance with the statutory scheme for distribution and liquidation of the Company under the Colorado Limited Liability Company Act, as amended from time to time. VIII EXPULSION OF A MEMBER 8.1 Causes of Expulsion. A Member shall be expelled front the Company upon the occurrence of any of the following events: 8.1.1 If a Member shall violate any provisions of this Agreement;or 8.1.2 If a Member's Membership Interest shall be subject to a charging order or tax lien which is not dismissed or resolved to the satisfaction of the Managers of the Company within thirty (30)days after assessment or attachment 8.2 Notice of Euqutulsion. Upon the occurrence of an event described in this Section, written notice of expulsion may be given to the violating Member pursuant to Section 7.2 with an indication that the Remaining Members have elected to purchase the Membership Interest of the violating Member. Upon such notice,the violating Member shall be considered expelled,and shall have no further rights as a Member of the Company,except to receive the amounts to which he or she is entitled under Sections 7.3,subject however to any damages that may have arisen for violation of this Agreement. IX BANKRUPTCY OF A MEMBER 9.1 Bankruptcy Defined. A Member shall be considered*bankrupt"ifthe Member files - a petition im bankruptcy(or an involuntary petition in bankruptcy Is Ned against the Member and the petition is not dismissed within sixty(60)days)or makes an assignment for the benefit of creditors or otherwise institutes any proceeding or enters into any agreement for compounding his or her debts other than by the payment of them in the full amount thereof or is otherwise regarded as insolvent under any Colorado insolvency act. 9.2 Effective Date for Bankruptcy. Upon the occurrence of an event described in this Section,written notice may be given to the bankrupt Member, or by the bankrupt Member pursuant 11 • to Section 7.2 above. Upon such notice, the bankrupt Member shall have no thither rights as a Member of the Company,except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. X RETIREMENT OR RESIGNATION OF A MEMBER 10.1 Right to Retire or Resign. A Member shall have the right, m any time,to retire or resign as a Member of the Company by giving the notice stated in Section 7.2 above. Upon such notice, the retired or resigned Member shall have no bather rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. XI DEATH OF A MEMBER 11.1 Death of a Member. Upon the death of a Member,or upon the dissolution of any entity owning a Membership Interest,the deceased or dissolved Member's rights as a Member of the Company shall cease and terminate except as provided in this Article XI. 11.2 Consequence of Death. Upon the death or dissolution of a Member,notice shall be given as provided in Section 7.2. Upon such notice, the deceased Member shall have no Anther rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4., except in the event the Company bas life insurance on the decedent, in which event the amount and method of paymait for the Membership Interest ofthe deceased Member will be as provided in Section 11.3. 11.3 Insurance. The Company may contract for life insurance on the Eves of each of the Members,in any amount not disproportionate to the value of each Members Membership Interest. In the event of death of aMember,insurance proceeds paid to the Company will be used to purchase the Membership Interest of the deceased Member. The purchase price shall be the greater of the amount determined under Section 7.3 or the amount ofinsurance proceeds received by the Company. _ The payment of the purchase price to the decedent's representatives or heirs shall be made within thirty(30)days following receipt of the insurance proceeds by the Company. XII SALE OF A MEMBER'S INTEREST 12.1 Provisions Restricting Sale of Membership Interests. In the event a Member desires to sell, assign,or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a Member of this Company, 12 he or she shall first offer to sell, assign, or otherwise transfer the Membership Interest to the other Members at the price and on the same terms as previously offered him or her,and each of the other Members shall have the right to purchase his or her proportionate share of the selling Members Membership Interest. If any Member does not desire to purchase the Membership Interest on such terms or at such price and the entire Membership Interest is not purchased by the other Members,no other Members may purchase any part of the Membership Interest,and the selling Member may then sell,assign,or otherwise transfer his or her entire Membership Interest*the Company to the person making the said offer at the price offered. The intent of this provision is to require that the entire Membership Interest of a Member be sold intact without fractionatzatioa A purchaser of a Membership Interest of the Company shall not become a Member and shall not participate in the management of the Company,without the unanimous consent of the non-selling Members,but shall be entitled to receive the share ofprofits,gains,losses,deductions,credits,and distributions to which the selling Member would be entitled. RII[ MEMBERS' COVENANTS 13.1 Member's Personal Debts. In order to protect the property and assets of the Company from any claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owing by him or her and shall indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member- 13.2 Alienation ofMembershipTtese;t.No Member shall,except as provided in Article JUL sell,assign, mortgage, or otherwise encumber his or her Membership Interest in the Company or in its capital assets or property; or enter into any agreement of any kind that will result in any person,firm, or other organization becoming interested with him or her in the Company,or do any act detrimental to the best interests of the Company. XIV MISCELLANEOUS PROVISIONS 14-1 Inurement This Agreement shall be binding upon the patties hereto and their respective heirs,executors,administrator,successors,and assigns,and each person catering into this Agreement acknowledges that this Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed invest- ments,nor any promises,guarantees,or representations regarding income or profit to be derived from any future investment. 13 • 14.2 Modification. This Agreement may be modified from time to time as necessary only by the written agreement of the Company, acting through the vote or consent of its Managers,and the Members. 14.3 Severabl ity. The provisions oftilt Agreement are severable and separate,and ifone or more is voidable or void by statute or rule of law, the remaining provisions shall be severed therefrom and shall remain in full force and effect. 14.4 Governing Law. This Agreement and its terms are to be construed according to the laws of the State of Colorado. 14.5 Counterparts. This Agreement has been executed in counterparts and each such counterpart shall be deemed an original of the Agreement for all purposes. Hi WITNESS WHEREOF, we have hereunto set our hands and seals on the day first written above,in Greeley,Colorado. MEMBERS: Gary')Wolin Marl ohm S,ki/(Xt_--7 LLCia Color o Limited Liability Company 14 FIRST UNANIMOUS WRITTEN CONSENT OF 'Hit MEMBERS AND MANAGERS OF GKD, LLC The undersigned being all of the Members and Managers of C3KD,LLC,do hereby consent to,approve, and adopt the following resolutions: RESOLVED: That the Articles of Organization of the Limited Liability Company as filed in the office ofthe Secretary of State of Colorado are hereby accepted and approved,and that said Articles of Organization shall be placed in the records of the Limited Liability Company. RESOLVED: That the Operating Agreement in the Form reviewed by the Members and Managers and attached hereto is hereby accepted and adopted as the Operating Agreement of this Limited Liability Company. RESOLVED: That the Limited Liability Company is hereby authorized and directed to pay all fres and expenses reasonably necessary for the organization of the Limited Liability Company and to reimburse those persons who have advanced said fees and expenses onbehalfofthe Limited Liability Company. RESOLVED: That the resolutions Sating to the establishment of a bank account at 60(64 nt 4n re-NA rti c.vtI attached hereto are hereby approved and adopted. WHEREAS, the Limited Liability Company has need of funds in addition to the equity capital currently contributed by the Members; and WHEREAS, coht,c7hvux,„hiank it has expressed a willingness to lend the Limited Liability Company l%KD U-r . on the terms set forth herein; and WHEREAS,the Managers believe that it is in the best interest of the Limited Liability Company to enter into such loan arrangements; NOW, THEREFORE,BE IT RESOLVED: That the Limited Liability Company hereby approves and agrees to pay the loan described and the Managers are hereby authorized and directed to enter into and execute appropriate documents required to obtain such loan. OTHER BUSINESS: Dated //// ,2002. CsaygiDeTohn,M er Marl a olm,M and Manager Mail to: Secretary of Stab For office use only Corporations Sa:tIon 1580 Broadway,Suite 200 CartliaiR Dewar,CO 80202 "*AWN% (303)884-2251 iarlsLutYnrStri8 MUST BE TYPED Fax (303)894-2242 n98041 N FILING FEE: $80.00 MUST SUBMIT TWO COPIES 50.00 Please Include a typed ARTICLES OF ORGANIZATION 10-3<"-2000 na:43:54 self-addressed envelops IWe the undersigned natural pence(s)of the age of eeMsen years or more,acting as organizer(s)of a limited Nebel company under lie Colorado Limited UebMly Company Mt,adopt to Waving Articles of Orgatson for sud►Imbed Nabply comport. FIRST: The none of the linked liability company S: GKD.LLC SECOND: Fonda.,pion of business(If Mown): 1000 271 AVENUE.GREELEY.CO 8083f THIRD: The street address of the initial registered once of lie limited stability company Is: 1412 56 TM AVENUE GREELEY.CO 80834 The mailing address(t Miterent from above)of the MRS registered office of to kneed NabiMy company Is: The name of i proposed registered agent in Colorado at that address is: FRED L.0118 FOURTH: The management is vested in the managers. FIFTH: The names and buskins addresses of the initial manager or mammalian,*management is vested in fie members,rather than managers,the names and addresses of the member or members we: NAME ADDRESS(Include zip coda) Gant DeJoh n 1880 23"Avenue.Greeter.CO 8063f Marla DeJohn 1oc0 23"Avenue.Greeley.CO 1063( SIXTH: The name and address of each organizer is: NAME ADDRESS(Moods zip cods) Fred L.Oft 1812 65"Avenue.Greeley.CO 00634 • • 49 e STATE `k . .. S RADO DEPARTMENT OF STATE CERTIFICATE I,DONETTA DAVIDSON,Secretary of State of the State of Colorado, hereby certify that,according to the records of this office, GKD,LLC (Colorado LIMITED LIABILITY COMPANY ) File#20001198041 was filed in this office on October 12,2000 and has complied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business cc to conduct its of sirs within this state. Dated:November 7,2002 For VOSS& :riµ••ie$� ^.V ♦�i R aril: iu% : 4i s� ci .y �t''i ..un:AJwalYtr>:�W4iWY.:....rJ.r:. .. at.w:'..'•...i+sw:r:M'.�� /ants 1 +r�14di ter:yV� r i L,,, SECRETA�STATE • ■ k i,n:Aso t_tn s , _ -...� R Fu:t*gin , 8M6-wi irfiusr se: tap/Rat ♦ Center: Cater Onus= 1bc t CAM h x Certificate Valid Starch laa..a btltlea A Certificate of Good Standing was issued by the Colorado Secretary of £411.Pada bearing Certificate ID 608591,having a Certificate Date of November 7, ammumarum. 2002,pertaining to the business entity GILD,LLC,identified by business Itegbeeted Agent entity File 11 20001191041. Search ONab CartjSeate of elution I lusin IE I I I lentitatufa I Canal us I Some sw Search Our Site http://www.sos.state.co.us/cgi-forte/fortecgi1serviceName=corporationProdAccess&saos_ww 11/15/02 Sep 19 03 09: 20a DeJsbn Housemoving Inc. 1 970 352 9575 p. 19 pvy• 1(l• MC It•CJYM R Uf Bel BY LH Winter ^ WO•JUI4 P, C/Z • .r SS-44 Application for Employer Identification Number Ea . S)_ /01 e5�r-l'1 r.o..raet) (at us*by elipepots,spent aape rab•a,p.m. :y=all r,ahetMw, Y aerra.a apancba,Iron abd.atls,ea.AnawY YdIW Wd.aq dUaa.) ree nor assomor fa wants Ioalaglos for be. laas Mob Ees copy for your retort. Air Ile Naar 1 lord mom of..*y(or.d.ldud)for wha.M EN lo boa—rWdad , GED. LLC e2 11•41•oar r acth. w h ,,I iu■pd ,. wn e be 1) 3 euulocla k. 'or.at ma. To M MS*Odor poer opt.„ado no-r owl.or P.O, So Sant oars p Alwem)Po tat eta a p.O.bac) E P.O. 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CO 80634 shi -2 is.rre.I— ranee toer.haasliasoles—' rrwaSIPIMI lot 1 bwasmtasa daMae.trw.arrarr.weWy oor dab RYA DEJ . MANAGER m ( ) p Hres. n.wrhrrr.!y So *Inoar Da. Elf R�� (970 )352-9 'C.41f/ no O Per Privacy Act std ore Rodoel As.Mocks,or wont*lainutbin. Cot N.ten Firm SS-4 pb..II•Iwl) Report Date: 09/11/2003 04:25PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2145402 ASSESSED TO: GKD LLC C/O MARLA DEJOHN PO BOX 5218 GREELEY, CO 80632 LEGAL DESCRIPTION: PT E2 34-5-63 BEG E4 COR S36'TO POB S86D09'W 711' N63D01'W 339' S86D35'W 86' N29D35'W 52' N72D23'W 112' N79D25'W 99' N318' N28D47'W 80' N16D07'W 70.99' N28D28'W 264.49' N84D44'E 506.83'S74D52'E 1042.77'S74D52'E 31.08'$651.18' S86D09'W 30.07'TO POB (.90R) PARCEL: 096534400032 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 4,304.60 215.23 0.00 0.00 4,519.83 TOTAL TAXES 4,519.83 GRAND TOTAL DUE GOOD THROUGH 09/11/2003 4,519.83 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0704- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 1,237.25 AGRICULTUR 9,389 2,720 SCHOOL DIST RE7 36.742 2,266.62 AGRICULTUR 309 90 NCW WATER 1.000 61.69 AGRICULTUR 643,459 58,880 PLATTE VALLEY FIRE 2.415 148.98 AIMS JUNIOR COL 6.316 389.63 TOTAL 653,157 61,690 WELD LIBRARY 3.249 200.43 TAXES FOR 2002 69.778 4,304.60 , ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIEN HOLDER 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 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed - 6� 9j Date 9/ /4 45,7 _.._. . ..._ . . 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John Constant 970-371-2214/Mobile/800-253-2231/Toll Free �n,�_ 2021 Clubhouse Drive, Ste. 100/Greeley,Colorado 80634 REEF Check out our Website/www.searsrealestate.com/E-mail/constant@searsrealestate.com Cr RAL 03 F S T A T tt ��}}�pj } $ t 3 £ J N £ S § S A awry vary £ eE �L. gi , as .�,,.:a . ... ,ma '_ t } Model Home! Priced from the $170!s Come in and choose your colors today! .. __ . ; _:—: ' ,1 iv( F.J.-.. II I1 �. 1 Acre Tract 1 .37 Acres! 24591 Cottonwood Court—$179,9OO 2+603 Cottonwood Lane—$191,9OO $179,900 will still buy an incredible 1.37 acre horse property that backs home in the country! Four bedroom, up to open space with four bedrooms two bath, 1,600 square foot brick and two baths. Brick bi-level home, bi-level home. Easy to maintain, remodeled throughout! A must seer fully remodeled and ready for your MLS # 355238 MLS # 355485 John Constant con MEN1! 3 550-700ext COMriIT .,- Q 1-g RFALESTATE 2021 Clubhouse Drive Suite 100/Greeley,Colorado 80634 / 970.330.7700/ www.searsrealestate.com NOV-20-2003 THU 08:27 AM WELD CO GOVT FAX NO. 922,3520242 P. 01 ]rl/20/03 08:46 FAIL 970 J0_ 98 WELD PLANNING 0001 TrasiN‘ taX3ell. Mci Hilo / 0 3 Post-ir Fax Note 7 371 Dam l ►� � ges To From Co./Depl / / Co. Phone# -Phone l Fax 4 ` Fax* NOV-20-2003 THU 08:28 AM WELD CO GOVT FAX NO. 9703520242 P. 03 /4720/04 08:48 FAX 970 30. 98 _WELD PLANNING fgioos 13.18 putinagesurthsjaatiga. No Owner shall modify or chang:the topography or contour of any drainage areas or easements, including swains,constructed on ti to Units and other portions of the Property from the shape and outline established by the Declarant r r Persons or entities acting on behalf of the Declarant provided, however, than an Owner shall he permitted to modify the drainage areas on his or her Unit upon receiving written Approval the[ for from the Architectural Control Committee. Any Owner who in any way materially modifies the drainage pattern on the land without such Consent shall be subject to sanctions contained h mein for violations of this Declaration. 13.19 Septic Fields Units may be serviced by septic system i which employ absorption fields. Unit Owners are expressly prohibited from planting any landsca sing other than grasses and from erecting any structures(including,but not limited to,sheds,barns,and or dirt mounds)within such fields or any replacement fields. ARTICLE xrv. RFnS11?P112AF waLS Drinking water will be supplied to the Common Communit, by three domestic wells: Residential Well No. 1 (Permit No. 035063),Residential Well No. 2(Pr twit No.035062)(together comprising Public Water System ID/016525)and Residential Well No. c (Permit No.242268). The Association shall be responsible(including financially)for the maintenar ce and operation of all three (3)wells_ ARTICLE XV. GF.NPR AT.PROVTSTONS ' 15.1 Enfnrectnent. The Association or the Unit Owner or Own as of any of the Units may enforce the resttictiona, conditions, covenants and reservations impos xi by the provisions of this Declaration or any Bylaws or Rules or Regulations promulgated by the Association which are consistent with this Declaration by proceedings at law or in equity agair st any Person or against the Association violating or attempting to violate any of the said Bylaws 4 1r Rides and Regulations or restrictions and limitations of this Declaration, either to recover d:wages for such violation, including reasonable attorneys' fees incurred in enforcing this Deel oration, or to restrain such violation or attempted violation or to modify or remove structures tiny or partially completed in violation hereof;or both. Failure of the Association or of any Unit Ow uer to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of he right to do so thereafter. The Association shall not be liable to reimburse any Unit Owner for ate mays'fees or costs incurred in any suit brought by a Unit Owner to enforce or attempt to enforce tl ds Declaration. 152 Term of Declaration This Declaration shall run with tlL:land,shall be binding upon all Persons owning Units and any Persons haeafter acquiring said Ur its, and shall be in effect in perpetuity unless amended or terminated as provided in the Act 15.3 timeminsentelikelangien. Except as otherwise p ovided in the Act and this Declaration,and subject to provisions elsewhere contained in this Deals ration requiring the Consent of the Declarant or others, any provision, covenant, condition, sestri;tion or equitable servitude 33 NOV-20-2003 THU 08:27 AM WELD CO GOVT FAX NO. 97_03,520242 P. 02 11/20/03 os:45 FAX 970 30k ,98 WELD PLANNING cos contained in this Declaration may be amended or repealed at any time Ind from time to time upon Approval of the amendment or repeal by Members of the Association aolding at least sixty-seven percent (67%) of the voting power of the Association present in pa son or by proxy at a duly constituted meeting of the Members;except that no such amendment e r repeal that would cause a Unit to no longer receive an adequate water supply shall be effective unless.the Unit owners so affected approve of such amendment or repeal. The Approval of any such t amendment or repeal shall be evidenced by the certification by the Executive Board of the Associat on of the vote of Members. The amendment or repeal shall be effective upon the recordation in ilia office of the Clerk and Recorder of Weld County,Colorado,of a certificate, executed by the Pr:sident or a Vice President and the Secretary or an Assistant Secretary of the Association setting for h the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Association as set forth above. 15.4 Special ights of First Security Integer Any First Seca dty Interest of a mortgage encumbering any Unit,upon filing a written request therefor with the As iodation,shall be entitled to (a) written notice from the Association of any default by the mon;agor of such Unit in the performance of the rnortgagoz's obligations under this Declaration,the Al titles of Incorporation,the Bylaws or the Rules and Regulations,which default is not cured width sixty (60) days after the Association learns of such default; (b) examine the books and records rf the Association during normal business hours; (c)receive a copy of financial statements of the I ssociation,including any annual audited financial statement; (d)receive written notice of all meat ngs of the Association or Members of the Association; (e) receive written notice of abandon,ant or termination of the Association; (1)receive thirty(30)days'written notice prior to the effeci five date of any proposed, material amendment to this Declaration,the Articles of Inoorpocation,or tl a Bylaws;and(g)receive thirty (30) days written notice prior to the effective date of terninati rn of any agreement for professional management of the Association or the Common Elements fc Rowing a decision of the Executive Board to assume self-management of the Common Elements_ 15.5 First Srrnritybtetest$ipht to Pay Tam. t3e„ 'd "elk=nee hnns (1)or more First Security Interests,jointly or -� Ar othenY r charges which me in default and which may orrhhavebecomeen��toa 1 nstay(a)any taxes or other Elements;or(b)any overdueareany of the Common premiums on hazard insurance policies or sec are new hated insurance coverage for the Common Elements or Units,and the First Security latexes s making such payments shall be entitled to immediate reimbursement therefor from the Associati.w. 15.6 Association Might to security lntrrct Inftlgaigim. Each Unit Dwner hereby authorizes any First Security Interest holding a Security Interest on such Owner's U111 to flattish information to the Association concerning the status of such First Security Interest endue ere loan which it secures. 15.7 Sersegtzkarmadstrajuagiaudtautsmill, Unless at least si sty-seven percent(67%) of the First Security Interests(based on one [1] vote for each Security Int rest owned)of Units in the Association have given their written Approval,neither the Associate*.I nor any Member shall (a)by act or omission seek to abandon,partition,subdivide,encumber,sell u transfer the Common 34 Kim Ogle - Re: my review of latest Cottoryyood documents Page 1 From: LEE Morrison To: PAM Smith Date: 11/19/03 8:43AM Subject: Re: my review of latest Cottonwood documents The covenants follow Common Interest Ownership Act (CIOA)which has certain relevant provisions. The developer would be next in line for responsibility for wells and other common elements. The covenants (sec. 11) provide that the developer controls the HOA for 10 years subject to the act which limits the developer control once 75% of the lots are sold. The developer may step in at its option to maintain all common elements ( including the wells) at anytime. I agree it should probably say that the wells should transfer once the HOA is created (they could provide a bill of sale or deed instead of amending the HOA If the HOA were to fail, 38-33.3-218 CRS . Termination of common interest community, would govern. This provides for dissolution only with 67 % approval. Dissolution, under COIA, could lead to sale of common elements and a distribution of the assets to lot owners or the elements would be held in trust by the if not sold. I believe there is a remote possibility that the wells could be sold over the objection of 3 lot owners. I would suggest that sec. 15.3 be amended to limit the ability of the HOA to sell the wells in the event of dissolution or by amendment unless no houses are no longer using the wells. The association would still have to function as trustee to manage the wells even if dissolved Otherwise, it appears that the materials are in order including the 3d well lease >>> PAM Smith 11/18/03 12:21 PM >>> Lee, Page 12, item 6.7 of the covenants provides for transfer ownership of the wells, (no time frame outlined). What happens to the public water system if the HOA becomes insolvent?? Kim and I were wondering. I'll let you handle my two observations in your comments. Pam Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970) 356-4000 x 4395 FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." CC: Kim Ogle i 111111111111 IIII 11111111111111111111111 III 11111 IIII IIII 3128715 11/20/2003 04:15P Weld County, CO 1 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR COTTONWOOD FALLS (A Common Interest Community) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR COTTONWOOD FALLS is made and entered into this P7 day of J h'v..e &bLcd003, by GKD, LLC, a Colorado Limited Liability Company, hereinafter referred to as the "Declarant." RECITALS A. The Declarant is the owner of certain real estate located in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference ' -- ("Property"). B. The Declarant desires to create a Common Interest Community on the Property, pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3401, et seq., as it may be amended from time to time ("Act"). C. The name of the Common Interest Community to be created upon the Property shall be COTTONWOOD FALLS. D. The Common Interest Community shall be a Planned Community. E. Portions of the Common Interest Community shall be designated for separate ownership and the remainder will be owned by COTTONWOOD FALLS HOMEOWNERS ASSOCIATION, a Colorado Nonprofit Corporation, established by the Declarant for the purpose of exercising the functions set forth herein. ARTICLE I. SUBMISSION OF PROPERTY The Declarant hereby publishes and declares that the Property shall be held, sold, conveyed, transferred, leased, subleased and occupied subject to the easements, covenants, conditions, and restrictions set forth in this Declaration, as may be amended from time to time, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Property, or any portion thereof,their heirs,personal representatives, successors, and assigns. Additionally, the Declarant hereby submits the Property to the provisions of the Act. To the extent this Declaration is silent on a matter covered by the Act, it is intended that the provisions of the Act apply. In the event the Act is repealed,the Act as it was in effect on the effective date of such repeal shall remain applicable. pUREORTEO ropy ARTICLE II. DEFINITIONS 2.1 When used in this Declaration, unless the context clearly indicates otherwise, capitalized terms not otherwise defined in the Act or in the Plat of the Property shall have the meanings provided in the following sections of this Article: 2.1.1 "Act" shall mean and refer to the Colorado Common Interest Ownership Act, 'E C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time. 2.1.2 "Allocated Interests" shall mean and refer to the Common Expense liability and votes in the Association. 2.1.3 "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. 2.1.4 "Architectural Control Committee" shall mean and refer to one of the committees established to review and approve plans for the construction of improvements on Units as set forth in Article XII of this Declaration. 2.1.5 "Assessments" shall mean and refer to all Common Expense Assessments, Special Assessments, Individual Assessments and Fines levied by the Executive Board pursuant to this Declaration, the Bylaws or the Rules and Regulations. 2.1.6 "Association" shall mean and refer to Cottonwood Falls Homeowners Association, a Colorado Nonprofit Corporation, its successors and assigns,organized and existing under § 301 of the Act. 2.1.7 "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. 2.1.8 "Common Elements" shall mean and refer to any real estate within the Common Interest Community owned or leased by the Association. "Common Elements" shall also include any storm water drainage, detention or retention improvements, structures or facilities, or other public improvements,including internal roads,installed(or to be installed)within the Common Interest Community (but excluding any such improvements or facilities which are owned or maintained by the County of Weld or other governmental or quasi-governmental authority, as well as related off-site improvements, structures or facilities used by or benefitting the Common Interest Community and/or installed pursuant to requirements of the County of Weld. 2 111111 IIIII IIII 'l11111 IIIII III') 111111 III IIIII II'I /III 3128715 11/20/2003 04:15P Weld County, CO 2 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder I 2.1.9 "Common Expense Assessments" shall mean and refer to all Assessments made for Common Expenses. 2.1.10 "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: -y (a) expenses of administering, maintaining, leasing, insuring, repairing, maintaining or replacing the Common Elements; (b) expenses of maintenance,repair or replacement of any drainage structure or other facility or other public improvements not maintained by the County of Weld; (c) expenses declared to be Common Expenses by the Declaration; (d) expenses agreed upon as Common Expenses by the Association; (e) 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. 2.1.11 "Common Interest Community"shall mean and refer to the Property described on Exhibit "A" attached hereto and incorporated herein by reference, together with any real property added to the Common Interest Community pursuant to Article XVI of this Declaration. 2.1.12 "Declarant" shall mean and refer to GKD, LLC, a Colorado Limited Liability Company, 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 Unit not previously disposed of to a Purchaser; or (b) Reserve or succeed to any Special Declarant Right. 2.1.13 "Declaration" shall mean and refer to this Declaration, including any amendments hereto and also including,but not limited to,Plats of the Property recorded in the office of the Clerk and Recorder of Weld County, Colorado. 2.1.14 "Director" shall mean and refer to a member of the Executive Board. 2.1.15 "Documents"shall mean and refer to this Declaration,the Plat as recorded and filed, the Bylaws, and the Rules and Regulations as they may be amended from time to time, together with any exhibit, schedule or certificate accompanying such Documents. 3 1111111 Hill 1111 1111111 11111 111111 III 11111 3128715 11/20/2003 04:15P Weld County, CO 3 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 2.1.16 "Dwelling Unit" shall mean and refer to a residential dwelling constructed on a Unit designated and occupied as a residence for a Single Family. 2.1.17 "Executive Board" shall mean and refer to the Executive Board designated in the Declaration to act on behalf of the Association. 2.1.18 "Fines" shall mean and refer to any monetary penalty imposed by the Executive Board against a Unit Owner because of a violation of this Declaration, the Articles of Incorporation of the Association, its Bylaws or the Rules and Regulations by such Unit Owner, a member of the Unit Owner's family or tenant or guest of the Unit Owner or a member of a family of a tenant of a Unit Owner. 2.1.19 "Individual Assessments" shall mean and refer to any assessment made against the Unit of a Unit Owner pursuant to the provisions of this Declaration, the Bylaws or the Rules and Regulations, other than a Common Expense Assessment or a Special Assessment. 2.1.20 "Limited Common Elements" shall mean and refer to those portions of the Common Elements, if any, designated in this Declaration, or on any Plat, or by the Act, for the exclusive use of one (1) or more but fewer than all of the Units. 2.1.21 "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 Declaration. The term"Lot" as used in this Declaration shall have the same meaning as the term "Unit" as used in the Act. 2.1.22 "Manager" shall mean and refer to a Person employed or engaged to perform management services for the Common Interest Community and the Association. 2.1.23 "Member" shall mean and refer to every person or entity who holds membership in the Association. 2.1.24 "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee or undivided fee interest in any Unit, as defined herein, which is part of the Property, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. 2.1.25 "Person" shall mean and refer to an individual, corporation, business trust, estate, limited liability company, limited partnership, general partnership, association,joint venture, government, government subdivision or agency, or other legal or commercial entity. 2.1.26 "Plat" shall mean and refer to the Plat of Cottonwood Falls, as it has been or will be recorded and may be amended from time to time, in the records of the office of the Clerk and Recorder of Weld County, Colorado. 4 1 111111 11111 1111 11111 11111 III 11111 1111 3128715 11/20/2003 04:15P Weld County, CO 4 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 2.1.27 "Property" shall mean and refer to that certain real property described on Exhibit "A" attached hereto and incorporated herein by reference, together with any real property added to the Common Interest Community pursuant to Article XVI of this Declaration. 2.1.28 "Purchaser" shall mean and refer to a Person, other than a Declarant or a Dealer, who, by means of a transfer, acquires a legal or equitable interest in a Unit, other than: (a) A leasehold interest in a Unit 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. 2.1.29 "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. 2.1.30 "Security Interest" shall mean and refer to an interest in real estate or personal property,created by contract or conveyance,which secures payment or performance of an obligation. 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. "First Security Interest" shall mean and refer to a Security Interest in a Unit 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. 2.1.31 "Single Family" shall mean and refer to a group of persons related by blood or marriage living together as a family unit, or any other group of persons living together as one (1) family for living and cooking purposes; provided, however, that no group of more than three (3) people not related by blood, marriage, adoption or some other similar legal relationship shall be deemed a Single Family. 2.1.32 "Special Assessment" shall mean and refer to the special assessment for capital improvements described in Section 8.4 of this Declaration. 2.1.33 "Special Declarant Rights"shall mean and refer to the rights reserved for the benefit of the Declarant to perform those acts specified in Article X hereinafter. 2.1.34 "Unit" shall mean and refer to a physical portion of the Common Interest Community designated for separate ownership or occupancy, the boundaries of which are described in the Declaration, including the Plat of the Property. AEI 11111131111111111 11111111111 3128715 11/20/2003 04:15P Weld County, CO 5 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 2.1.35 "Unit Owner"shall mean and refer to the Declarant or other Person who owns a Unit but does not include a Person having an interest in a Unit solely as security for an obligation. { The Declarant is the Owner of any Unit created in the Declaration until that Unit is conveyed to another Person. 2.2 Other Terms Defined in Act. Unless the context clearly indicates otherwise, other terms defined in the Act shall have the meanings attributable to such terms in the Act. as- 2.3 Other Terms in Declaration. Other terms in this Declaration may be defined in specific provisions contained herein and shall have the meaning assigned by such definition. ARTICLE III. COMMON INTEREST COMMUNITY 3.1 Name. The name of the Common Interest Community is COTTONWOOD FALLS. 3.2 Association. The name of the Association is COTTONWOOD FALLS HOMEOWNERS ASSOCIATION. 3.3 Planned Community. The Common Interest Community is a Planned Community. 3.4 County. The name of every county in which any part of the Common Interest Community is situate is Weld County, Colorado. 3.5 Legal Description. The legal description of the Property included in the Common Interest Community is set forth on Exhibit "A" attached hereto and incorporated herein by reference. 3.6 Maximum Number of Units. The maximum number of Units that the Declarant reserves the right to create within the Common Interest Community is Thirty (30). 3.7 Boundaries of Units. The boundaries and identifying number of each Unit created by the Declaration are set forth on the Plat of the Property. 3.8 Limited Common Elements. The Common Interest Community may hereafter include Limited Common Elements and any real estate may be subsequently allocated as Limited Common Elements, as provided elsewhere in this Declaration. 3.9 Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth in this Declaration or described in the Plat. 3.10 Notices. Notice of matters affecting the Common Interest Community may be given to Unit Owners by the Association or by other Unit Owners in the following manner: Notice shall be hand delivered or sent by United States mail,postage prepaid,to the mailing address of each Unit or to any other mailing address designated in writing by the Unit Owner to the Association. Such 6 11111111111111111111111111!11111111111 III IIIII IIII IIII- 3128715 11/20/2003 04:15p Weld County, CO 6 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder notice shall be deemed given when hand delivered or when deposited in the United States mail, postage prepaid. ARTICLE IV. ASSOCIATION 4.1 Authority and Power. The business and affairs of the Common Interest Community 'F shall be managed by the Association. The administration of the Common Interest Community shall be governed by this Declaration, the Act, the Articles of Incorporation, the Bylaws and published Rules and Regulations of the Association. The Association shall have all of the powers, authority and duties permitted pursuant to the Documents and the Act which are necessary and proper to manage the business and affairs of the Common Interest Community. 4.2 Declarant Control. Subject to the limitations of§303 of the Act, the Declarant, or persons designated by it, may appoint and remove the officers of the Association and members of the Executive Board for a period of ten (10) years after this Declaration is recorded in the office of the Clerk and Recorder of Weld County, Colorado. 4.3 Executive Board Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in this Declaration or the Bylaws. The Executive 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 regarding the use and enjoyment of the Common Elements, and the activities of occupants thereon, and to otherwise govern and regulate the use, occupancy, operation and maintenance of the Common Interest Community. (c) Adopt and amend budgets for revenues, expenditures and reserves. (d) Collect Assessments from Unit 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 Unit Owners on any matters affecting the Common Interest Community. 7 111111111111 11111111111 X 11111111 1111 1111111 3128715 11/20/2003 04:15P Weld County, CO 7 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder (h) Make contracts and incur liabilities. (i) Regulate the use, maintenance, repair, replacement and modification of the Common Elements. (j) Cause additional improvements to be made as a part of the Common Elements. (k) Acquire,hold,encumber and convey in the Association's name,any right,title or interest to real estate or personal property, but the Common Elements may be conveyed or subjected to a Security Interest only pursuant to this Declaration and applicable law. (1) Grant easements for any period of time, including permanent easements, leases, licenses and concessions through or over the Common Elements. (m) Impose and receive a fee or charge for the use, rental or operation of the Common Elements and for services provided to Unit Owners. (n) Impose a reasonable charge for late payment of Assessments and levy a Fine for violation of this Declaration, the Bylaws and the Rules and Regulations of the Association. (o) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. (p) Provide for the indemnification of the Association's officers and the Executive Board and maintain Directors' and officers' liability insurance. (q) Assign the Association's right to future income, including the right to receive Common Expense Assessments,only upon the affirmative vote of the Unit Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated, at a meeting called for that purpose. (r) Exercise any other powers conferred by the Documents. (s) .Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. (t) Exercise any other power necessary and proper for the governance and operation of the Association. (u) By resolution, establish permanent and standing committees of Directors to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee. All committees must maintain and publish 8 1 IBM 11111 11111 11111 111111 III 11111 liii liii 3128716 11/20/2003 04:15P Weld County, CO 8 of 39 R 198.00 D 0.00 Steve Moreno Clerk& Recorder notice of their actions to Unit Owners and the Executive Board. However, actions taken by a committee may be appealed to the Executive Board by any Unit 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 Executive Board at its next regular meeting. 4.4 Budget Process. To determine the amount required to be raised by Assessments for any fiscal year, the Executive Board shall prepare an annual budget for each-such fiscal year showing, in reasonable detail, the various matters proposed to be covered by the budget, the estimated costs and expenses which will be payable, the estimated income and the funds which will be available in the fiscal year, and the estimated total amount of money required to be raised by Assessments to cover such costs and expenses and to provide a reasonable reserve. A total amount of money required to be raised by Assessments for that fiscal year shall be the amount as determined by the Executive Board as necessary to satisfy the costs and expenses of fulfilling the functions and obligations of the Association in the coming fiscal year, including the payment of debts from prior fiscal years, providing reasonable reserves and providing a reasonable carryover reserve for the - -_ following fiscal year. Within thirty(30)days after adoption of any proposed budget for the common interest of the Association, the Executive Board shall mail,by ordinary first class mail, or otherwise deliver, a summary of the budget, to all Owners, and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen(14)days nor more than sixty(60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all Owners present at the meeting, in person, or by proxy, rejects the budget, the budget is ratified, whether or not a quorum is present. In the event a proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. 4.5 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) days' prior written notice. 4.6 Executive Board Limitations. The Executive Board may not act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community, or to elect members othe Executive Board or determine their qualifications, powers and duties or the terms of office of Executive Board members,but the Executive Board may fill vacancies in its membership for the unexpired portion of any term. 1101 HIM 1111111 1111111111 111111 III "111 liii liii 3128715 11/20/2003 04:15P Weld County, CO 9 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 4.7 Owner's Negligence and Individual Assessments. Notwithstanding anything to the contrary contained in this Declaration, or in the event that the need for maintenance or repair of the Common Elements or any improvements located thereon is caused by the willful or negligent act, omission or misconduct of any Unit Owner, or by the willful or negligent act, omission or misconduct of any member of such Unit Owner's family, or by a guest or invitee of such Unit Owner, or any tenant or tenant's family, the costs of such repair and maintenance shall be the personal obligation of such Unit Owner, and any costs, expenses and fees-incurred by the Association for such maintenance, repair or reconstruction shall constitute an "Individual Assessment" and shall be added to and become part of the Assessment to which such Owner's Unit is subject and shall be a lien against such Owner's Unit as provided in this Declaration. A determination of the willful or negligent act, omission or misconduct of any Unit Owner or any member of a Unit Owner's family, or a guest or invitee of any Unit Owner, or tenant or tenant's family,resulting in an Individual Assessment and the amount of the Individual Assessment shall be determined by the Association after notice to the Unit Owner and the right to be heard before the Executive Board in connection therewith, provided that any such determination for an Individual Assessment pursuant to the terms of this section may be appealed by said Unit Owner to a court of law. ARTICLE V. MEMBERSHIP. VOTING RIGHTS AND ALLOCATIONS 5.1 Membership. Every Owner of a Unit which is subject to Common Expense Assessments 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 Unit which is subject to Common Expense Assessments by the Association. Ownership of such Unit shall be the sole qualification for membership. When more than one (1) Person holds a membership interest in any Unit, all such Persons shall be Members. The vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit. 5.2 Voting Rights and Assignment of Votes. The effective date for assigning votes to Units 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. 5.3 Allocated Interests. The Common Expense Liability and votes in the Association allocated to each Unit are set forth as follows: (a) The percentage of liability for Common Expenses shall be allocated on the basis of equal liability for each Unit; and (b) The number of votes in the Association shall be allocated on the basis of one (1) vote for each Unit. ARTICLE VI. COMMON ELEMENTS l0 3128715 11/20/2003 04:15P Weld County, CO 10 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 6.1 Dedication of Common Elements. The Declarant hereby dedicates the Common Elements to the common use and enjoyment of the Members, as hereinafter provided. 6.2 Description of Common Elements. The Common Elements within the Common Interest Community shall consist of the following real property: Open Space, 7.1061 acres more or less. 6.3 Installation of Common Elements. The Declarant shall install, construct or cause to be installed or constructed the following Common Elements: (a) Landscaping and irrigation systems on the Common Elements. (b) Community mailboxes and enclosures and related facilities. (c) Any roads which are part or will become part of the Common Elements. The Common Elements described in Section 6.2 above shall be transferred to the Association free and clear of all liens and encumbrances prior to the conveyance of the first Unit within the Common Interest Community. 6.4 Maintenance and Regulation of Common Elements. After the installation of all improvements, facilities and landscaping required of Declarant by Weld County, Colorado, within the Common Elements, such improvements,facilities and landscaping(including irrigation systems) shall be maintained, repaired and replaced by the Association as necessary so that such Common Elements present an aesthetically attractive appearance to serve the purposes for which such improvements, facilities and landscaping were installed. The Association shall be responsible for the maintenance; repair, renovation, management and control of the Common Elements subject to any rights previously granted to the public. The Association may adopt such Rules and Regulations as shall be necessary for the proper maintenance, repair, renovation, management and control of the Common Element. 6.5 Owners'Easements of Enjoyment. Each Unit 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 Unit, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable Rules and Regulations as provided in this Declaration. 11 1111111111111111111111 HEVIII 111111 III II1111 III lilt 3128715 11/20/2003 04:15P Weld County, CO 11 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder (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 Unit 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 Association to dedicate or transfer any part of the Common Elements to any public agency, authority, utility or other entity for a/eh purposes and subject to such conditions as may be agreed to by the Members,provided that with the exception of public ways, rights-of-way and easements provided for in the Plat, no such dedication or transfer shall be effective unless the Owners entitled to cast at least eighty percent(80%) of the votes of the Association, including eighty percent (80%) of the votes allocated to Units not owned by the Declarant, agree to such dedication,transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Unit Owner at least thirty (30) days in advance of any action taken; and provided further that the granting of easements for public utilities _ or for other public purposes consistent with the intended use of the Common Elements shall not be deemed a transfer within the meaning of this clause. An agreement to dedicate, transfer or convey all or any part of the Common Elements must be evidenced by execution and recordation of an agreement or ratification thereof, in the same manner as a deed by the requisite number of Unit Owners. Such agreement must specify a date after which the agreement will be void unless recorded before that date. (d) The right of the Association to close or limit use of the Common Elements while maintaining, repairing and making replacements in the Common Elements. 6.6 Delegation of Use. A Unit Owner may delegate, in accordance with the Bylaws, his or her right of enjoyment to the Common Elements and facilities to the members of his or her family, tenants, or contract purchasers who reside on his or her Unit. 6.7 Additional Common Elements. Following recordation of this Declaration and creation of the Association, shall diligently take such steps as are necessary to assign, transfer and/or convey to the Association, by appropriate instrument, Declarant's interest to Residential Wells No. 1 (Permit No. 035063,No. 2 (Permit No. 035062) and No. 3 (Permit No. 242268). 6.8 Limited Common Elements. A "Limited Common Element" means a portion of the Common Elements, designated in this Declaration, or on any Plat or Map, or by the Act, for the exclusive use of one(1) or more but fewer than all of the Lots. The Executive Board may designate parts of the Common Elements from time to time for use by less than all of the Lot Owners or by non-owners for specified periods of time or by only those persons paying fees or satisfying other reasonable conditions for use as may be established by the Executive Board. Any such designation by the Executive Board shall not be a sale or disposition of such portions of the Common Elements. ARTICLE 7. MAINTENANCE BY ASSOCIATION 12 11111111111 rill EMU 11111 11111 111111 MINIM ill 3128715 11/20/2003 04:15P Weld County, CO 12 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 7.1 Maintenance of Common Elements. The Association shall maintain all of the Common Elements within the Common Interest Community. The Association shall maintain all other landscaping and other facilities installed in,on or under the Common Elements and shall make repairs and replacements thereto as needed to permit the Common Elements to serve the purpose for which they are created and installed in the Common Interest Community. Any common driveways and alleys,parking areas, sidewalks, landscaping islands, entry feature monument and signage, and irrigation sprinkler system located in on or under the Common Elements, shall be maintained by the 'F Association. All such facilities and any and all additional facilities and improvements which may be installed within Common Elements shall be maintained,repaired and replaced by the Association as necessary so that the Common Elements present an aesthetically attractive appearance and serve the purpose for which such facilities were installed. In addition, to the fullest extent allowed or required by the provisions of§ 307(1.5) of the Act,the Association shall maintain,repair and replace any and all drainage structures or facilities or other public improvements required by Weld County as a condition to the development of the Common Interest Community or any part thereof(unless and except to the extent that same are maintained by the County of Weld). 7.2 Damage by Owner. Notwithstanding anything to the contrary contained herein, in the event the need for the Association to maintain, repair or replace a Common Element is caused by the willful act or gross negligence or misconduct of a Unit Owner or a member of such Unit Owner's family, or a guest, invitee or tenant of a Unit Owner or a member of such tenant's family, the costs of such repair, replacement or maintenance, to the extent not covered by the Association insurance, shall be a personal obligation of such Unit Owner, and any costs, expenses and fees incurred by the Association for the same shall be assessed to such Unit Owner and added to such Owner's Common Expense Assessment. The Association shall have a lien for the payment of such Assessment as provided in the Act and in this Declaration. 7.3 Declarant's Right to Perform Work. In the event the Association fails to repair or maintain Common Elements or otherwise perform any obligation under this Declaration, Declarant shall have the right, but not the obligation,to perform such duties for the account of the Association. In such event,Declarant will be entitled to reimbursement from the Association for all costs incurred by Declarant, such reimbursement to be due within thirty (30) days after receipt by the Association of an invoice from Declarant itemizing the costs incurred. After expiration of the thirty (30) day period allowed for payment,Declarant may collect interest on the amount due at the rate of twelve percent(12%)per annum,plus any costs incurred in collecting same(including, without limitation, reasonable attorneys' fees). ARTICLE VIII. COVENANT FOR MAINTENANCE ASSESSMENTS 8.1 Creation of Lien and Personal Obligation of Assessments and Special Assessment. The Declarant,for each Unit owned within the Property, shall be deemed to covenant and agree, and each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association all Assessments and Fines, together with such interest thereon and costs of collection 13 11111011111IIII111111I1111111111111111 III111111III IIE 3128715 11/20/2003 04:15P Weld County, CO 13 of 39 R 196.00 0 0.00 Steve Moreno Clerk 8 Recorder thereof as herein provided. Said Assessments, Fines, interest and costs of collection, including reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Unit against which each such Assessment or Fine is made. Such Assessments and Fines, including reasonable attorneys' fees, shall be the personal obligation of the Person who was the Owner of such Unit at the time when the Assessment or Fine fell due. The personal obligation for any delinquent Assessment or Fine shall not pass to his or her successors in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of Assessments or Fines by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which Assessments are made or Fines are assessed. 8.2 Purpose of Assessments. The Assessments levied by the Association through its Executive Board shall be used exclusively for the purpose of promoting the health, safety and welfare of the residents in the Common Interest Community; for the maintenance,repair and upkeep of the Common Elements and for any other maintenance obligations or common services which may be deemed necessary by the Association for the common benefit of the Unit Owners, or the maintenance of property values, or for the payment of expenses which may be incurred by virtue of an agreement with or requirement of any city, county or other local government authority. The Assessments shall further be used to provide adequate insurance of various types, and in such amounts deemed necessary by the Executive Board, with respect to the Common Elements located within the Common Interest Community. Further,the Assessments shall provide a reserve fund for replacements on a periodic basis as the Executive Board determines necessary to adequately provide for such replacements as may be required by this Declaration. 8.3 Annual Common Expense Assessment. The total annual Common Expense Assessment against all Units shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Common Expense Assessment year, which estimates may include, among other things: (a) Expenses of management; (b) Premiums for all insurance which the Association is required or permitted to maintain; (c) Repairs and maintenance; (d) Wages for Association employees, if any; (e) Legal and accounting fees; (f) Any deficit remaining from a previous Assessment year; (g) The creation of reasonable contingency reserves, working capital and/or sinking funds; and 14 1NMI 1111 111111 11111 IIIII 111111 III 111111 III IIII 3128715 11/20/2003 04:15P Weld County, CO 14 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder (h) Any other costs, expenses and fees, which may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Unit Owners under or by reason of this Declaration. Such Common Expense Assessments shall be collected at such intervals as is determined by the Executive Board but not less frequently than on an annual basis. 8.4 Special Assessments. (a) In addition to the Common Expense Assessments authorized above, the Association may at any time,from time to time,determine, levy and assess a Special Assessment for the purpose of defraying in whole or in part, payments for any operating deficit and/or unbudgeted costs, fees and expenses of any construction, reconstruction, repair, demolition, replacement or maintenance of the Common Elements or for "Capital Improvements." Any such Special Assessment made by the Executive Board must be approved by not less than seventy-five percent(75%) of the Members who are voting in person or by proxy at a meeting duly called for that purpose. No Special Assessment for legal action pursued by the Association shall be required of the Declarant without written Approval by the Declarant. The amounts determined, levied and assessed pursuant hereto shall be assessed equally against each Unit. (b) "Capital Improvements," as used herein, shall mean the construction, erection or installation of substantial structure(s)or other substantial improvement(s)in the Common Interest Community, but shall not include the construction, reconstruction, erection, installation, maintenance, repair or replacement of the Common Elements presently located on the Property or which may hereafter be constructed, erected or installed on the Property by the Declarant in its development of the Common Interest Community. Notice in writing setting forth the amount of such Special Assessment per Unit and the due date for payment thereof shall be given to the Unit Owners not less than thirty (30) days prior to such due date. (c) Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized under this Section 8.4 shall be sent to all Members not less than five (5) nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies, if permitted, entitled to cast sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not present, the meeting shall be continued to another date to be decided by the voting Members at the first meeting, and it will be called subject to the same notice requirements, and the required quorum at the subsequent meeting shall be twenty-five percent (25%) of all votes of the membership. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 8.5 Rate of Assessment. Except as otherwise provided in this Section 8.5 and in Section 8.14, each Owner shall be responsible for a fraction, the numerator of which shall be 1 and the denominator of which shall be equal to the number of Units in the Common Interest Community, of all Common Expense Assessments,plus any Special Assessments which shall be allocated to each 15 11111111111111111111111111111111 111111 111 111111 III III1 3128715 11/20/2003 04:15P Weld County, CO 15 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder Unit. Notwithstanding the foregoing, any Common Expense Assessments or Special Assessments which benefit fewer than all Owners shall be assessed exclusively against the Units benefitted. 8.6 Date of Commencement of Annual Common Expense Assessments and Budget. Common Expense Assessments shall begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. The first Common Expense Assessment shall be prorated according to the number of days remaining in the Assessment period established by the Executive Board. The Executive Board shall fix the amount of the annual Common Expense Assessment against each Unit at least yearly. Written notice of the Common Expense Assessment shall be sent to every Unit Owner subject thereto. 8.7 Association Lien and Effect of Non-Payment of Assessments. The Assessments, charges,fees,Fines,impositions,interest,costs, late charges,expenses and reasonable attorneys'fees which may arise under the provisions of this Declaration, shall be burdens running with, and perpetual liens in favor of the Association upon, the specific Unit to which such Assessments apply. Recording of the Declaration constitutes record notice and perfection of the Association's lien. Further recording of a claim of lien for an Assessment under this section is not required. Any Assessment, charge or fee provided for in this Declaration, or any installment thereof, which is not fully paid within ten (10) days after the due date thereof shall bear interest at the rate of eighteen percent(18%)per annum from the due date, and the Association may assess a late charge thereon. In the event of default in which any Unit Owner does not make payment of any Assessment levied against his or her Unit within ten(10) days of the due date, the Executive Board shall have the right to declare all unpaid Assessments for the pertinent fiscal year immediately due and payable. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue Assessments, charges or fees, or installments thereof, and may also proceed to foreclose its lien against such Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid Assessments, charges or fees,or installments thereof,may be commenced and pursued by the Association without foreclosing or in any waiving,the Association's lien therefor. In the event that any such Assessment, charge or fee, or installment thereof, is not fully paid when due and the Association shall commence such action (or shall counterclaim or crossclaim for such relief in any action) against any Unit Owner personally obligated to pay the same,or shall proceed to foreclose its lien against the particular Unit, then all unpaid Assessments, charges and fees, and all unpaid installments thereof, and any and all late charges and accrued interest under this section,the Association's costs, expenses and reasonable attorneys'fees incurred in preparing and recording any lien notice,and the Association's costs of suit, expenses and reasonable attorneys' fees incurred for any such action and/or foreclosure proceedings shall be taxed by the court as a part of the cost of any such action or foreclosure proceeding and shall be recoverable by the Association from any Unit Owner personally obligated to pay the same and from the proceeds of the foreclosure sale of such Owner's Unit. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charge or fee, or installment thereof, which is not fully paid when due. The Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire 16 1 IIIIII 11111 IIII 111111111111 IIIII 111111 III 111111 1111111 3128715 11/20/2003 04:15P Weld County, CO 16 of 39 ft 196.00 D 0.00 Steve Moreno Clerk& Recorder and hold, lease,mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. A lien for an unpaid Assessment is extinguished unless proceedings to enforce the lien are instituted within six (6)years after the full amount of Assessments becomes due, except that if an Owner of a Unit subject to a lien under this section filed a petition for relief under the United States Bankruptcy Code, the time period for instituting proceedings to enforce the Association's lien shall be tolled until ninety (90) days after the automatic stay of proceedings under §362 of the Bankruptcy Code is lifted. In any action by the Association to collect-Assessments or to foreclose a lien for unpaid Assessments, the court may appoint a receiver for the Unit to collect all sums alleged to be due from the Unit Owner or a tenant of the Unit Owner prior to or during the pendency of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pendency of the action to the extent of the Association's Assessments, based on a periodic budget adopted by the Association. 8.8 Subordination of Lien to Security Interests. A lien under this section is prior to all other liens and encumbrances on a Unit except: (a) Liens and encumbrances recorded before the recordation of this Declaration; (b) A First Security Interest on the Unit recorded before the date on which the Assessment sought to be enforced became delinquent; and (c) Liens for real estate taxes and other governmental assessments or charges against the Unit. A lien under this section is also prior to all Security Interests to the extent that the Assessments are based on the periodic budget adopted by the Association and which would have become due, in the absence of acceleration, during the six (6) months immediately preceding institution of an action to enforce either the Association's lien or a Security Interest, and statutory liens recognized under Colorado law. If a holder of a First Security Interest in a Unit forecloses that Security Interest, the Purchaser at the foreclosure sale is not liable for any unpaid Assessments against the Unit which became due before the sale, other than the Assessments which are prior to the Security Interest under this section of the Declaration. Any unpaid Assessments not satisfied from the proceeds of sale become Common Expenses collectible from all Unit Owners, including the Purchaser. Sale or transfer of any Unit shall not affect the lien for said Assessment charges except that a sale or transfer of any Unit pursuant to foreclosure of any First Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture of any such executory land sales contracts shall only extinguish the lien of Assessment charges which become due more than six (6) months immediately preceding institution of an action to enforce either the Association's lien or a Security Interest,and statutory liens recognized under Colorado law. No such sale, transfer, foreclosure or other proceeding in lieu thereof, including deed in lieu of foreclosure, shall relieve any Unit from liability for any Assessment charges thereafter becoming 17 111111111111111111111111111111111111111 III 111111 III 101 3128715 11/20/2003 04:15P Weld County, CO 17 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder due, nor from the lien thereof This section does not affect the priority of mechanics' or materialmen's liens. 8.9 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 expenses of the Common Elements and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available on request for -a examination by the Unit Owners and others with an interest, such as prospective lenders. 8.10 Notice to Security Interest. Upon the request of a holder of a First Security Interest on a Unit, 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 Unit Owner within thirty (30) days. 8.11 Certificate of Status of Assessments. The Association, upon written request to the Association's registered agent,personally delivered or delivered by certified mail, first class postage prepaid, return receipt requested, and upon payment of a reasonable fee, but in no event less than Twenty Dollars ($20.00), shall famish to a Unit Owner or such Unit Owner's designee or to a holder of a Security Interest or its designee, a statement, in recordable form, setting out the amount of the unpaid Assessments against the Unit. The statement must be furnished within fourteen(14) business days after receipt of the request and is binding on the Association, the Executive Board and each Unit Owner. A properly executed certificate of the Association as to the status of Assessments on } a Unit is binding upon the Association as of the date of its issuance. 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 Unit Owner from his or her obligation to pay the same. 8.12 Homestead. The lien of the Association Assessments shall be superior to any homestead exemption as is now or may hereafter be provided by Colorado or federal law. The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead exemption as against said lien. 8.13 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. 8.14 Common Expenses Attributable to Fewer than All Units. 18 111111111111 IIII EMU 11111111111111111 111111 III IIII 3128715 11/20/2003 04:15P Weld County, CO 18 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder • 8.14.1 An Assessment to pay a judgment against the Association may be made only against the.Units in the Common Interest Community at the time the judgment was entered, in proportion to their Common Expense Liabilities. 8.14.2 If a Common Expense is caused by the misconduct of a Unit Owner, the Association may assess that expense exclusively against that Unit Owner's Unit. 8.14.3 Fees, charges, taxes, impositions, late charges, Fines, collection costs and interest charged against a Unit Owner pursuant to the Documents and the Act are enforceable as Common Expense Assessments. 8.14.4 Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element, if any shall exist, shall be assessed against the Unit(s) to which that Limited Common Element is assigned or appurtenant, equally, or in any other proportion determined by the Executive Board after considering the relative size and value that said - _ Limited Common Element bears to all Limited Common Elements and the Units being assessed. 8.14.5 Any Common Expense or portion thereof benefitting fewer than all of the Units must be assessed exclusively against all the Units benefitted in the proportions determined by the Executive Board after considering the relative size and value that the Units being benefitted bear to all Units benefitted. ARTICLE IX. INSURANCE 9.1 Insurance Requirements Generally. To the extent reasonably available, the Association shall obtain and maintain insurance described in this Article. If such insurance is not reasonably available,and the Executive Board determines that any insurance described in this Article will not be provided by the Association, the Executive Board shall cause notice of that fact to be hand delivered or sent,postage prepaid, by United States mail to all Unit Owners at their respective last known addresses. All such insurance shall be underwritten, to the extent possible, with companies licensed to do business in Colorado having a Best's Insurance Report rating of A/VI or better covering the risks described below. To the extent possible, property and liability insurance shall incorporate the following: 9.1.1 Waiver. A waiver by the insurer of any right to subrogation under the policy against a Unit Owner,members of the household of a Unit Owner,and the Association, its Directors, officers, employees and agents. 9.1.2 Act or Omission. An act or omission by a Unit Owner will not void the policy or be a condition of recovery under the policy. 19 HIP 11111 IIII 11111111111111111111111 III 111111 III Ilil 3128715 11/20/2003 04:15P Weld County, CO 19 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder 9.1.3 Severability of Interest. A "severability of interest" clause shall be included providing that the insurance cannot be canceled, invalidated or suspended on account of the negligent or intentional acts of the Association, its Directors, officers, employees and agents. 9.1.4 Other Insurance. If there is other insurance in the name of a Unit Owner at the time of a loss which covers the same risk covered by the Association policy, the Association's policy shall provide primary insurance. - . 9.1.5 Adjusted Losses. All losses must be adjusted with the Association as agent of the Unit Owners. 9.1.6 Policies from Casualty Insurance. Proceeds from the casualty policy on account of loss shall be paid to an insurance trustee if one is designated in the policy for that purpose and otherwise to the Association, but, in any case,proceeds shall be held in trust for the Unit Owner and the Unit Owner's Mortgagee. 9.1.7 Cancellation. The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non-renewal has been mailed to the Association, to each Unit Owner and to each holder of a Security Interest to whom a certificate or memorandum of insurance has been issued, at their respective last known addresses. 9.1.8 Name of Insured. The policy shall be issued in the name of Cottonwood Falls Homeowners Association for the use and benefit of the individual Owners. 9.1.9 Maximum Deductible. The maximum deductible for casualty insurance shall be the lesser of Five Thousand Dollars ($5,000.00) or one percent (1%) of the face amount of the policy. 9.2 Public Liability and Property Damage Insurance. The Association shall obtain and maintain comprehensive public liability insurance, including non-owned and hired automobile liability coverage and personal injury liability coverage, covering liabilities of the Association, its Directors, officers, employees, agents and Members arising in connection with the ownership, operation, maintenance, occupancy or use of the Common Elements and any other area the Association is required to maintain, repair or replace pursuant to this Declaration with a minimum single limit or per occurrence limit of One Million Dollars ($1,000,000.00). 9.3 Workmen's Compensation and Employer's Liability Insurance. The Association shall obtain and maintain workmen's compensation and employer's liability insurance as may be necessary to comply with applicable laws. 9.4 Fidelity Bonds. A blanket fidelity bond or dishonest insurance coverage is required • for anyone who either handles or is responsible for funds held or administered by the Association, whether or not he or she receives compensation for his or her services. The bond or insurance shall 20 111111111111 /III Ell 11111 11111 111111 111111111111 1111 3128716 11/20/2003 04.15P Weld Couny, CO 20 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder name the Association as obligee and shall cover the maximum funds that will be in the custody of the Association or the Manager at any time while the bond or insurance is in force. In no event shall the bond or coverage be for an amount less than the stun of three (3) months' assessments plus reserve funds. 9.5 Directors' and Officers' Liabili y Insurance. The Executive Board may obtain and maintain Directors' and officers' liability insurance, if available, covering all of the Directors and officers of the Association. This insurance will hav: limits determined by the Executive Board. 9.6 Other Insurance. The Association r .y carry other insurance which the Executive Board considers appropriate to protect the Association. ARTICLE X. INDEMNIFICATION To the full extent permitted by law, each officer and member of the Executive Board of the Association shall be and are hereby indemnified by the Unit Owners and the Association against all expenses and liabilities, including attorneys' 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 Executive Boaird of the Association, or any settlement thereof, whether or not they are an officer or a member of the Executive Board of the Association at the time such expenses are incurred, except in such cases where such officer or member of the Executive Board 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 Executive Board approves such settlement and reimbursement as being in the best interests of the Association. ARTICLE XI. SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RTOHTS 11.1 Special Declarant Rights. The Declarant hereby expressly reserves the right, for a period of ten(10) years following the recordation of this Declaration in the office of the Clerk and Recorder of Weld County, Colorado,to perform the acts and exercise the rights hereinafter specified ("Special Declarant Rights"). The Special Declarant Rights include the following: (a) Control of Association and Executive Board. The right to remove any officer or member of the Executive Board. (b) Completion of Improvements. The right to complete improvements indicated on Plats filed with Weld County, Colorado, and as they may be amended from time to time. (c) Sales Management and Marketing. The right to construct, maintain and/or relocate from time to time model homes, sales offices, construction offices, management offices, signs advertising the Units and Common Interest Community and models and to conduct sales 21 11111111111 I l i l 11111111111111111111111 111011111 11111 3128715 11/20/2003 04:15P Weld County, CO 21 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder activities therein. Such right shall include signage, both fixed and moveable, and flags and flagpoles. (d) Construction and Access Easements. The right to use easements through the Common Elements for the purpose of making improvements and to provide access. The right to construct and complete the construction of Units, utilities, buildings, streets and roads and all other improvements on the Property, and to repair and maintain the Common Elements. (e) Master Association. The right to make the Common Interest Community subject to a Master Association. (f) Merger. The right to merge or consolidate the Common Interest Community with another developed property of the same form of ownership. 11.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 11.1 above,the Declarant also reserves the following additional rights ("Additional Reserved Rights"): (a) Dedications. The right to establish, from time to time, by dedication or otherwise, utility and other easement:; for purposes, including, but not limited to, streets, paths, walkways, and drainage areas, and to create other reservations, exceptions and exclusions for the benefit of and to serve the Unit Owners within the Common Interest Community. (b) Use Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of recreational facilities, which may or may not be a part of the Common Interest Community for the benefit of the Unit Owners and/o the Association. (c) Colorado Common Interest O wne hip Act. The right to amend this Declaration to comply with the requirements of the Colorado Common Interest Ownership Act in the event any provision contained herein does not so comply with the Act. (d) Allocations Reeardine T + a Common Elements. The right to allocate specified areas which constitute a part of the Common Elements as Limited Common Elements for the exclusive use of the Owners of Units to which the specified areas shall become appurtenant. The Declarant may assign such Common Elements as Limited Common Elements pursuant to the provisions of C.R.S. § 38-33.3-208 of the Act (i) by making such an allocation in a recorded instrument or (ii) in the deed to the Unit to which such Limited Common Element shall be appurtenant or(iii) by recording an appropriate amendment or supplement to this Declaration. Such allocations by the Declarant may be to Units owned by the Declarant. Subsequent to expiration of the Declarant Control period, the right of allocation pursuant to this Section shall pass from the Declarant to the Executive Board, and the Declarant may not thereafter exercise any such right. 22 II"III "II' IttimII"IIII'II i IIIiq IIil 3128715 11/20/2003 04:15P Weld County, CO 22 0l 39 R 196.00 D 0.00 Steve Moreno Clerk d Recorder (e) Other Rights. The right to exercise any Additional Reserved Right created by any other provision of this Declaration. 11.3 Bights TrancfPrabj . Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of the Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE XII. ARCHITECTUI er cONTROi 12.1 Architectural Control C nn, tt 12.1.1 Cm omltt . There shall be no less than one (I) Architectural Control Committee for the Property. Additional Architectural Control Committees may be created with respect to some or all of the Development Property (defined below). Reference herein to an Architectural Control Committee with respect to a specific Unit or Units shall be deemed to be a reference only to the Architectural Control Committee appointed to govern the Units(s) in question. 12.1.2 Me ershi . Subject to any limitations of§ 303 of the Act, as long as the Declarant is the owner of one (1) or more Units, the Declarant shall appoint the members of the Architectural Control Committee(s). At such time as the Declarant is no longer the owner of one (1) or more Units within the Common Interest Community, then the members of the Architectural Control Committee shall be appointed by the Executive Board from among the members of the Association. 12.1.3 Term. Each member of the Architectural Control Committee shall serve at the pleasure of the Persons or body appointing such member. In the event of the death or resignation of any member of an Architectural Control Committee, the Persons or body that appointed such member shall appoint a successor. 12.1.4 Decisions. All decisions of an Architectural Control Committee shall be by a majority vote of those members of the Architectural Control 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. 12.1.5 Compensation. The members of an Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this Declaration. However, the Architectural Control Committee may assess such plan check fees or similar charges as it deems appropriate, but in no event less than $100.00 per Unit per submission. Such plan check fee may be waived by an Architectural Control Committee if plans are submitted for the purpose of obtaining consent to a proposed alteration of an existing improvement. 12.1.6 Delegation. An Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to an Architectural Control moose 23 111111 IIII 1111111 till III Itio 1 Y11!Lr 3128715 11/20/2003 04.15P Weld County, CO 23 of 39 R 196.00 0 0.00 Steve Moreno Clerk Committee to a professional architect, liandscape architect, engineer, or other professional person who is qualified to review the issues raised in the application. An Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by an Architectural Control Committee in retaining such professional to review the application submitted. 12.1.7 Non-liability. Ho member of an Architectural Control Committee shall be liable to the Association or to any Owner or Member for any loss, damage, or injury arising out of or in connection with the performance of the duties of an Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of an Architectural Control Committee. Review and consideration of any application submitted to an Architectural Control Committee shalt be pun- ant to this Declaration, and any Approval granted shall not be considered Approval oft he 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. 12.2 Control. No construction, alteration, addition,modification or reconstruction of any building,fence,wall, structure, 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. 12.3 Purpose. Each 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 individual appeal consistent with the natural beauty and features of the Common Interest Community. 12.4 Submission. Each application for Approval shall include the following: (a) Two (2) complete copies of a site plan of the Unit. The site plan shall show the following information with a scale minimum of one (1) inch on the plan for each one hundred (100) feet of actual distance on a Unit: (i) Fini: hed elevation of the Dwelling Units, outbuildings or other improvements. (ii) A building footprint with dimensions from the front, rear, and side property lines of the Unit. (iii) Driveways and walkways located on the Unit. (iv) Any existing structures on the Unit. (v) Location of improvements with respect to the utility lines and facilities. 24 11111111111111111111 31111111111111 III 1111111111111 3128715 11/20/2003 04:15P Weld County, CO 24 of 39 R 196.00 D 0.00 Steve Moreno Clerk & Recorder (b) Two(2)complete sets of construction plans and specifications. Said plans and specifications shall include the following minimum information: (i) Floor plans of all levels of any Dwelling Unit, which plans shall contain sufficient detail to describe the elements of the floor plan design. (ii) Total square footage for each level of any Dwelling Unit. (iii) Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form and material, window locations, siding material, and door placement. (iv) A written description of the materials to be used in the roof _ and exterior walls of the structure. (v) The size,type, and material to be incorporated in any fencing to be located on the Unit. i p (vi) The color of any paint or stain to be applied to the improvements. 12.5 Rules and Guidelines. Subject to prior written approval by the Executive Board, each Architectural Control Conunittee may issue rules setting forth procedures for the submission of plans for Approval and may also issue guidelines setting forth the criteria that each Architectural Control Committee will use in considering plans submitted to it for Approval. 12.6 Review of Plans and Specifications. Each 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, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Units within the Common Interest Community; will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, and topography within the , Common Interest Community. The Architectural Control Committee shall consider the quality of workmanship,type of materials, and harmony of exterior design with other Dwelling Units, if any, 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 Unit within thirty (30) days after complete submission of all required documents,the plans shall be resubmitted l to the Architectural Control Committee by certified mail,return receipt requested,with a copy to the E Declarant, by certified mail,return receipt requested, and, in the event that the Architectural Control Committee fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the Architectural Control Committee and Declarant by I 25 111111111111 l i i i 11111111111111111111111 1111H31111111111 11111111111111 3128715 11/20/2003 04:15P Weld County, CO 25 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder certified mail,the same shall be deemed to have been approved, as submitted, and no further action shall be required,provided, however,that no building or other structure shall be erected or allowed to remain on any Unit which violates or is inconsistent with 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. 12.7 No Waiver of Future Approval. The Approval by the Architectural Control Committee of any proposals or plans and specifications for any work to be done on a Unit shall not be deemed to constitute a waiver of any right to withhold Approval or Consent to any similar proposals, plans, specifications, drawings, or other matters subsequently or additionally submitted for Approval by the same Owner or by another Owner. 12.8 Construction. Construction of a Dwelling Unit or other structure approved by the Architectural Control Committee shall commence within twelve (12) months after Approval of the plans and specifications, and the Owner shall thereafter proceed diligently with such construction. The exterior of any such structure shall be completed and a certificate of occupancy shall be issued by the appropriate governmental authority within nine (9) months of the date of commencement of construction. The Architectural Control Committee may grant an extension of the foregoing time periods for good cause shown and when such extension is requested by the Owner. 12.9 Landscaping. Unit Owners shall not allow weeds or other unsightly vegetation to exceed twelve (12) inches in height. Unit Owners are encouraged to plant trees, shrubs and other landscaping within a Unit for the purpose of enhancing the natural beauty of the Common Interest Community. 12.10 Variances. The Executive Board may authorize variances from compliance with any provisions of this Declaration or any applicable rules and guidelines issued pursuant to Section 12.5 above, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as natural obstructions, hardships, aesthetics, flood plains, or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Executive Board. If any such variance is granted,no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of the variance shall not operate to waive any of the provisions of this Declaration or any rule or guideline for any purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 12.11 Modular Construction. No structures of modular construction shall be permitted on any Unit. All structures installed or erected upon any Unit shall be assembled on site (i.e., "stick built") and shall not be constructed off site for assembly on a Unit. The Executive Board and 26 3 1111 11111111 Ell III 1111111 111111 3128715 11/20/2003 04:15P Weld County, CO 26 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder Architectural Control Committee may, in their discretion,approve use of pre-cast or pre-engineered building components within a structure assembled on a Unit, provided that any such Approval is in writing and signed by a representative of both the Architectural Control Committee and Executive Board. 12.12 )3uilding Size. No Dwelling Unit shall be erected, altered or permitted to remain on any Unit unless the square footage contained within the Dwelling Unit, exclusive of basement, open porches and garages,is not less than 1,500 square feet on the main level of any ranch style Dwelling Unit, or less than 1,600 square feet on the finished living levels of any multi-level Dwelling Unit, or less than 1,800 square feet on the finished living levels of any two-story Dwelling Unit. The square footage of basements, walk-outs and garden levels shall not be included in determining the square footage of a Dwelling Unit. For purposes of this provision,the terms "basement," "walk-out" and "garden level" shall mean any level, a portion of which is constructed below ground elevation. The foregoing square footage regulations shall not apply to any of the Development Property (defined in Section 16.1 below)unless specifically provided in any supplement or amendment to this Declaration. - 12.13 Garages. Each Dwelling Unit may include an attached garage having space for not less than one (1)motor vehicle but for no more than(3)motor vehicles. Detached garages may also be erected, subject to approval by the Architectural Control Committee. 12.14 Fences. No fence shall be erected, constructed, altered or maintained on a Lot without prior approval of the Architectural Control Committee. All perimeter fences must be constructed of wooden rail, vinyl rail, or another product that has been approved by the Architectural Control Committee . Under no circumstances will barbed wire fences be permitted. The Architectural Control Committee or Executive Board of the Association may grant relief from the provisions of this section for good cause shown. 12.15 Color. All Dwelling Units and other structures constructed on any Unit shall be stained or painted in earth tones or such other colors (if any)as shall be authorized and approved in writing by the Architectural Control Committee. Bright colors shall not be permitted as the primary color of any Dwelling Unit and outbuildings. 12.16 Roof Materials. The roofs on all Dwelling Units shall be constructed of such roofing materials, the color, texture and composition of which are approved by the Architectural Control Committee. 12.19 Resubdivision. No Unit may be further subdivided without the Approval of the Executive Board of the Association, which Approval shall be within its sole discretion. All cost of further subdivision including, without limitation, the cost of amending the Plat, shall be borne by the Owners of the Unit(s) to be further subdivided. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Unit as an easement for public utilities. ARTICLE XIII. USE RESTRICTIONS •*- 27 1 RIM 11111 �� 11111111111111111111111 III 111111I111111 3128715 11/20/2003 04:15P Weld County, CO 27 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder 13.1 Restrictions. Subject to the Special Declarant Rights reserved in this Declaration,the following restrictions apply to all Units and to the Common Elements: 13.1.1 No Violation of Laws. No use shall be made of any Owner's Unit which will in any manner violate the statutes, rules or regulations of any governmental authority having jurisdiction over the use of said Owner's Unit. 13.1.2 Single-Family Dwelling Units. The Property is hereby restricted to Dwelling Units for residential use as a single-family dwelling and uses related to the convenience and enjoyment of such residential uses as permitted herein and by local zoning ordinances. All buildings or structures erected upon the Property shall be of new construction and no building or structure shall be moved from other locations onto the Property. Accessory uses,such as storage sheds,horse barns and workshops, shall be permitted subject to approval of the Architectural Control Committee. Swimming pools or similar recreational facilities shall be permitted only upon approval of the Architectural Control Committee and shall be fully enclosed or screened in a manner consistent with the architectural requirements of this Declaration. - 13.2 Temporary Structures. No structures of a temporary character, including, by example and not limitation, trailers, mobile homes, converted trailers, campers, shacks, basements, tents, garages, or accessory buildings, shall be used on any Unit for residential purposes. 13.3 Home Occupations. The conduct of a home occupation on a Unit within the Common Interest Community shall be considered accessory to the residential use of the Unit and not a violation of this Declaration, provided that the following requirements are met: (a) Such home occupation shall be conducted only within the interior of a Dwelling Unit and shall not occupy more than fifteen percent (15%) of the total finished area within the Dwelling Unit. (b) No signs or advertising devices of any nature whatsoever shall be erected or maintained on any Unit with respect to such home occupation. (c) Any trade or business conducted on a Unit shall be conducted only by the residents thereof, and no non-residents shall be employed in connection with the home occupation carried on in the Unit. (d) No noise or offensive activities shall be conducted on any Unit and no Unit shall be used, in whole or in part, for the storage of any property or thing that will cause the Unit to appear in an unclean or untidy condition or that will create an eyesore. (e) No substance,thing or material which emits foul or obnoxious odors, or causes any noise that might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding Units shall be permitted on a Unit. 28 11111111111 III! 111111111111 IIIII 111111 III 110111 111111 3128715 11/20/2003 04:15P Weld County, CO 28 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder (f) No trade or occupation shall be conducted from a Unit unless one (1) or more of the Owners of such Unit reside within the Dwelling Unit on such Unit and any such trade or occupation shall cease and terminate when the Owner(s) of such Unit ceases to reside thereon. (g) No retail sales shall be conducted on any Unit and no customer parking shall be allowed. (h) There shall be no evidence of a home occupation visible from the outside of a Dwelling Unit. Without limiting the foregoing, no parking at or near the Unit in conjunction with such occupation will be allowed. (i) Not more than three (3) additional vehicular trips shall be allowed each day on any Unit for deliveries or pick ups in connection with such trade or business, including deliveries or pick ups by commercial delivery services,such as Federal Express and United Parcel Service, and further provided that no such vehicle shall remain at the Unit for a period in excess of fifteen minutes per trip. (j) The conduct of such home occupation must be permitted under the zoning ordinances of Weld County. 13.4 Maintenance of Units and Improvements. Except as may otherwise be specifically provided for herein or in any supplement hereto with respect to the Development Property, each Owner shall maintain and keep or cause to be kept all landscaping buildings, fences, and other structures located on his or her Unit in good condition and 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 Unit, and shall be disposed of in a sanitary manner. No Unit shall be used or maintained as a dumping ground for any materials, provided that the foregoing shall not prohibit a properly maintained compost pile approved by the Architectural Control Committee from being located upon a Unit. 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 Unit and visible from adjacent streets or other Units. Burning of trash on a Unit shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Unit except for reasonable storage during construction or unless stored within a workshop structure approved by the Architectural Control Committee. All equipment,garbage cans, service yards,woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Units and streets. All rubbish, trash or garbage must be deposited in locations in sealed steel containers on Units approved or provided by the Executive Board. The Executive Board may adopt Rules and Regulations further defining the deposit of rubbish, trash or garbage and other matters related thereto. Without limiting the foregoing, the Executive Board shall have the right to require that the trash collection within the Common Interest Community be performed by one (1) company and that trash collected from all Units by such company be on the same day of each week. Unless the Executive Board expressly adopts a resolution to the contrary, such cost of trash collection shall be a Common Expense. In the event 29 1111 1111 11111 1111 111111 3128715 11/20/2003 04.15P Weld County, C0 29 of 39 R 196.00 0 0.00 Steve Moreno clerk& Recorder the Executive Board so elects, all Unit Owners shall make use of the trash collection service provided or contracted for by the Association. This Section 13.4 shall not apply to a contractor during construction of a Dwelling Unit or other improvements within the Common Interest Community. Such contractor may dispose of trash,rubbish, debris and other construction materials either personally or by contracting with a trash collection company. 13.5 Animals. Livestock and Poultry. Unit Owners may keep two (2)horse per lot and/or the maximum number of animals permitted by the Weld County Zoning Regulations, provided that such animal is kept for pleasure and is not a nuisance. Under no circumstances shall any animal, livestock or poultry of any kind be raised, bred, kept or maintained on any lot for commercial purposes. The Executive Board may, in its sole discretion, limit the number, size and weight of household pets which may be kept upon any Unit. Household pets shall not be permitted to roam freely around the properties and shall be kept under the strict supervision and control of this Owners at all times. Each owner of a pet shall be responsible for clean up and removal of such pet's excrement upon the Common Elements and any Unit. Without limiting the foregoing, continuous and/or frequent barking or howling by dogs is hereby defined as a nuisance. Any feed for animals, livestock and/or poultry stored outside shall be stored in sealed steel containers. 13.6 Pet Runs. No pet runs or other fenced-in areas for the containment of dogs or other pets shall be permitted upon any Unit without the prior written approval of the Architectural Control Committee. In considering whether to approve any such pet run or other fenced-in areas, the Architectural Control Committee shall consider the location, size, concealment, proximity to surrounding structures and adjacent Units, proposed building materials, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Furthermore, no invisible fences or similar restraints shall be installed within or encroach upon any portion of the Common Elements. 13.7 i na e. No signs or advertising of any character shall be erected, placed or permitted or maintained within the Common Interest Community unless the Executive Board has given consent to the same in writing. This provision shall not apply to permanent signs identifying the Common Interest Community which are installed by the Declarant as part of the development of the Common Interest Community, nor shall this provision preclude Declarant or its agents, as long as Declarant is the Owner of any Unit within the Common Interest Community, from placing such signs as Declarant deems appropriate,without limitation on size or location, offering the Property or Units of the Property for sale. The Executive Board may adopt Rules and Regulations permitting signs advertising Units for sale at such location and of such character as the Executive Board shall designate, provided that in no event shall individual Unit Owners be entitled to place advertising signs on the Common Elements,nor shall any such Unit Owner be allowed to use more than one (1) sign to advertise such Owner's Unit for sale. 13.8 Leases. No lease of a Unit shall be for a period of less than six (6) months and every lease shall be in writing. The written lease shall contain provisions requiring that the tenant comply with all provisions of this Declaration, the Articles of Incorporation of the Association, its Bylaws and Rules and Regulations. The Executive Board may require that all leases be submitted to it for approval before the lease will be effective and that all tenants meet with a person designated by the 30 AEI 11111 IIII 1111111 DIII 11111111111 III IIII 11111 III! 3128715 11/20/2003 04:15P Weld County, CO 30 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder Executive Board to review the requirements of the Declaration, Articles of Incorporation, Bylaws and Rules and Regulations. The Association shall have the power to enforce the provisions of the Declaration, Articles of Incorporation, Bylaws and Rules and Regulations against any tenant regardless of the provisions of a lease. In addition to any fines and Assessments that may be imposed or levied against an Owner and/or his Unit, the Association shall have the power to levy Fines and Assessments against a tenant based on such tenant's actions, the same as it would have against a Unit Owner. -- 13.9 Storage of Inoperative Vehicles. Inoperative vehicles shall not be stored, parked or permitted to remain upon a Unit, except within a fully enclosed garage or within appropriately screened areas as may be 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 is not capable of moving under its own propulsion for three (3) consecutive days shall be considered an "inoperative vehicle" subj ect to the terms of this Section 13.9. 13.10 Repair. No activities such as, but not necessarily limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicle, trailer or boat may be performed on any Unit unless performed entirely within a completely enclosed garage attached to such Dwelling Unit. Without limiting the foregoing, no such activity shall be performed upon any of the Common Elements. The foregoing restrictions shall not be deemed to prevent washing and/or polishing of any motor vehicle. 13.11 Parkinv. No more than one(2) trailers, motor homes,camper units, boats, all-terrain vehicles,motorcycles or similar recreational vehicles shall be stored or permitted to remain for more than three (3) consecutive days on any Unit (or the streets adjoining any Unit) except within enclosed garages, or within fully screened, fenced areas (for which the vehicle, boat or camper in question shall not exceed the height of the fence), as approved by the Architectural Control Committee. Without limiting the foregoing, the Architectural Control Committee or the Executive Board shall have the power to grant permission to store such vehicles on a Unit under such conditions as such entity shall deem appropriate to protect the rights of other Unit Owners in the Common Interest Community. In addition,no trucks, mobile homes, commercial vehicles, unused vehicles, snowmobiles, all-terrain vehicles or motorcycles shall be kept,placed, stored or maintained upon any Unit or on the Common Elements in such a manner that such vehicle is visible from neighboring Units,the Common Elements or any road. Commercial vehicles engaged in the delivery or pick up of goods or services shall be exempt from the provisions of this section provided that they do not remain within the Common Interest Community in excess of the reasonable period of time required to perform such commercial function. For purposes of this section, a one (1)ton or smaller vehicle, commonly know as a "pick-up truck" shall not be deemed to be a "truck" or "commercial vehicle." The term "unused vehicle"shall mean and refer to any vehicle which has not been driven under its own propulsion for a period of four (4) days or longer. Furthermore, no Owner shall regularly park on or about a Unit (or on the streets adjoining any Unit) for more than three (3) consecutive days more than two (2) automobiles,non-commercial pick-up trucks or other vehicles; it being the intent of this provision that Owners shall not regularly park more than two (2)personal 31 1111111 1111 IIII 1111111111111111111111111111II 11111 IIII 3126716 11/20/2003 04.i6P Weld County, CO 31 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder • passenger vehicles in the driveway outside the garage on such Owner's Unit and one (1) vehicle in the street. 13.12 Storage. No tanks for the storage of gas, fuel, oil, chemicals or other matter shall be erected,placed or permitted above the surface of any Unit. No service yards, woodpiles or storage areas shall be permitted on any Unit without the approval of the Architectural Control Committee, which may require enclosure or screening, such as privacy fences, landscaping_or berming, to conceal such area from the view of neighboring Units. Storage buildings shall not be constructed on any Lot unless approved in advance by the Architectural Control Committee. No Owner shall construct or place a storage building on Common Elements. 13.13 Recreational Vehicles. No snowmobiles, all-terrain vehicles, motorcycles or similar recreational vehicle may be raced or operated recklessly within the Common Community. All such vehicles shall be operated prudently and in such a way as to not create a nuisance. Without limiting the foregoing, the operation the such a vehicle without propre noise reduction equipment shall be deemed a nuisance. 13.14 Nuisances. No obnoxious or offensive activity shall be carried on upon any Unit or the Common Elements, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to any other Owner. No oil drilling, oil development operations, oil refinery, quarrying or mining operations of any kind shall be permitted upon or in any Unit, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Unit. No derricks or other structures designed for use in boring for oil or natural gas shall be erected,maintained or permitted upon any Unit. Nothing contained herein shall be construed as prohibiting or restricting construction activities by Declarant at any time, seven(7) days per week. 13.15 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 Unit owned by such Owner. 13.16 Damage or Destruction of Improvements. In the event any Dwelling Unit or other structure constructed on a Unit is damaged, either in whole or in part, by fire or other casualty, said Dwelling Unit or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Dwelling Unit 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 Unit,and the Unit shall be restored to its natural condition existing prior to the construction of the Dwelling Unit or other structure. 13.17 Easements. All easements for the installation and maintenance of utilities and drainage facilities are reserved and are shown on the Plat. All utilities shall be underground. No building or other structure shall be constructed, erected or placed upon any easement reserved for utilities, except fences. The easement area in each Unit and all improvements in it shall be maintained continuously by the Owner of the Unit, except improvements for which a public authority, utility company or the Association is responsible. 32 1 111111 11111 1111 1111111 11111 11111 111111 111 1111111111111 3128715 11/20/2003 04.158 Weld County, CO 32 of 39 R 198.00 D 0.00 Steve Moreno Clerk Recorder 13.18 Drainage and Irrigation. No Owner shall modify or change the topography or contour of any drainage areas or easements, including swales, constructed on the Units and other portions of the Property from the shape and out line established by the Declarant or Persons or entities acting on behalf of the Declarant; provided, however, than an Owner shall be permitted to modify the drainage areas on his or her Unit upon receiving written Approval therefor from the Architectural Control Committee. Any Owner who in any way materially modifies the drainage pattern on the land without such Consent shall be subject to sanctions contained herein for violations of this Declaration. 13.19 Septic Fields. Units may be serviced by septic systems which employ absorption fields. Unit Owners are expressly prohibited from planting any landscaping other than grasses and from erecting any structures (including, but not limited to, sheds, barns, and or dirt mounds)within such fields or any replacement fields. ARTICLE XIV. RESIDENTIAL WELLS Drinking water will be supplied to the Common Community by three domestic wells: Residential Well No. 1 (Permit No. 03 5063), Residential Well No. 2 (Permit No. 035062) (together comprising Public Water System ID#16525) and Residential Well No. 3 (Permit No. 242268). The Association shall be responsible(inclu ding financially)for the maintenance and operation of all three (3)wells. ARTICLE XV. GENERAL PROVISIONS 15.1 Enforcement. The Association or the Unit Owner or Owners of any of the Units may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of this Declaration or any Bylaws or Rules or Regulations promulgated by the Association which are consistent with this Declaration by proceedings at law or in equity against any Person or against the Association violating or attempting to violate any of the said Bylaws or Rules and Regulations or restrictions and limitations of this Declaration, either to recover damages for such violation, including reasonable attorneys' fees incurred in enforcing this Declaration, or to restrain such violation or attempted violation or to modify or remove structures fully or partially completed in violation hereof, or both. Failure of the Association or of any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall not be liable to reimburse any Unit Owner for attorneys'fees or costs incurred in any suit brought by a Unit Owner to enforce or attempt to enforce this Declaration. 15.2 Term of Declaration. This Declaration shall run with the land, shall be binding upon all Persons owning Units and any Persons hereafter acquiring said Units, and shall be in effect in perpetuity unless amended or terminated as provided in the Act. 15.3 Amendment of Declaration. Except as otherwise provided in the Act and this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the Consent of the Declarant or others, any provision, covenant, condition, restriction or equitable servitude 33 11111111111 I I I 111111111111111111111111 III 11111 3128715 11/20/2003 04:15P Weld County, CO 33 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder contained in this Declaration may be amended or repealed at any time and from time to time upon Approval of the amendment or repeal by Members of the Association holding at least sixty-seven percent (67%) of the voting power of the Association present in person or by constituted meeting of the Members; except that no such amendment or repeal that would tcause la Unit to no longer receive an adequate water supply shall be effective unless the Unit owners so affected approve of such amendment or repeal. The Approval of any such amendment or repeal shall t= be evidenced by the certification by the Executive Board of the Association of the vote of Members. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Weld County, Colorado, of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Association as set forth above. I 15.4 �jLecial_ R�„fc:_... �_ encumbering First oec,urity interels. Any First Security Interest of a any Unit, upon filing a written request therefor with the Association, shall be ntitled to (a) written notice from the Association of any default by the mortgagor of such Unit in the perfonnance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c)receive a copy of financial statements of the Association, including any annual audited financial statement; (d)receive written notice of all meetings of the Association or Members of the Association; (e) receive written notice of abandonment or termination of the Association; (0 receive thirty (30) days' written notice prior to the effective date of any proposed, material amendment to this Declaration, the Articles of Incorporation, or the Bylaws; and (g)receive thirty (30) days' written notice prior to the effective date of termination of any agreement for professional management of the Association or the Common Elements following a decision of the Executive Board to assume self-management of the Common Elements. 15.5 • t ecur' Int re t Ri t t Pa (1) or more First Security Interests,jointly or singly,xes Ren al and Insurance Premiums. Any one charges which are in default and which may or have become a sha be t lien against any of theitled to pay ) anye Coor other mmon Elements; or(b)any overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Elements or Units, and the First Security Interests making such payments shall be entitled to immediate reimbursement therefor from the Association. 15.6 is 'oti Right to Security inr ere If u . Each Unit Owner hereby authorizes any First Security Interest holding a Security Interest on such Owner's Unit to furnish information to the Association concerning the status of such First Security Interest and the loan which it secures. 15.7 ne ial Annroval by First Sr of the First Security Interests (based on one [1] vote for each lSecurity Interest owned) of Units in the Association have given their written Approval, ess at least sixty-seven percent(67%) (a) by act or omissive seve o r don, neither the Association nor any Member shall partition, subdivide, encumber, sell or transfer the Common 34 111111111111IIII ERNE 11111111111 t3128715 11/20/2003 04:15P Weld County, CO 34 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder Elements or any improvements thereon which are owned, directly or indirectly, by the Association (except that the granting of access easements, utility easements, drainage easements and water facilities easements or easements for other public purposes consistent with the intended use of such property by the Association shall not be deemed within the meaning of this provision); (b) change the method of determining the obligations,assessments or other charges which may be levied against Members; (c) by act or omission change, waive or abandon any scheme or regulation, or enforcement thereof,pertaining to architectural Approval of improvement of Units, including the architectural design of the exterior appearance of Units, or the upkeep of lawns and plantings on the Common Elements; and (d)amend any material provision of this Declaration. An amendment shall not be deemed material if it is for the purpose of correcting technical errors, or for clarification only. If a First Security Interest who receives a written request for Approval of the proposed act, omission, change or amendment does not deliver or post to the requesting party a negative response within thirty(30)days, it shall be deemed to have approved such request. To be eligible either to approve or object to any written request for Approval, a First Security Interest must have previously given the Association written notice of the existence of its Security Interest. 15.8 Partition o mbination of Lte• Subject to Section 12.20 above,no part of a Unit may be partitioned or separated from any other part nor may any two (2)or more Units be combined into one (1) Unit. 15.9 N P oartitinn of r,......_ n Flrm t , The Common Elements will be owned by the Association, and no Owner will bring any action for partition or division of the Common Elements. By acceptance of a deed or other instrument of conveyance or assignment, each Owner will be deemed to have specifically waived such Owner's rights to institute or maintain a partition action or any other action designed to cause a division of the Common Elements, and this Section may be pleaded as a bar to any such action. 15.10 CalAthm. 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. 15.11 Gen r. 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. 15.12 've . 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. 15.13 Invalidity and Severabiiit; 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 invalid, all of the other provisions of the Documents shall continue in full force and effect. 35 11111111111 IIII 1111111 1111111111111111 111 11111 IIII 1111 • 35 of 39 R 196.00 04:15P 0.00 Steve Moreno Clerk& Recorder 15.14 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 this Declaration and any other Document,this Declaration shall control. 15.15 Revocation: Termination. Upon revocation or termination of this Declaration or the regime created hereunder, and except as otherwise expressly provided for herein, the rights and 'r obligations with respect to the Common Elements and other property held by the Association shall governed by the Act. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. GKD, LLC, a Colorado Limited Liability Company _ By: t Name:M ap1eJ ohn( -( ti'L---/? Title: ft-i&c q itLer, l emc ? STATE OF COLORADO ) VJ COUNTY OF WELD ) ) ss. W ,,gi �/,cgping instrument was acknowledged before me this A day of �/ 2003,by Marla DeJohn as Manager of GKD LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: I vA-cw 0049eT/]„ 1 i 1 i Notary Public BLUE J. MOORE NOTARY PUBLIC STATE OF COLORADO 36 111111111111 'M11111111111111111MIIIIII11111IIII IIII 3128715 11/20/2003 04:15P Weld County, CO 38 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder RATIFICATION The undersigned, having a Security Interest in all or any part of the Property described on Exhibit"A"attached hereto and incorporated herein by reference,hereby approves,ratifies,confirms and consents to the foregoing Declaration of Covenants, Conditions and Restrictions for Cottonwood Falls. IN WITNESS WHEREOF,the undersigned has ycaused its n to be hereunto subscribed by its.4 /1 �tf1c�et as this 1 el day of J l./Nl A14%t tC,C(103. By: acleu STATE OF COLORADO ) /Dt)d ) ss. COUNTY OF ) The o e�^oin • str en ck twledged before is ! daof VL f ! 2Qp ,t I? J �( as (,Y of /V� JW)ITNESS my hand and official seal. My commission� ires�Wtfri dli 41,()46rA Notary Public BILLIE J MOORE ti NOTAF,, PUBLIC ti STATE OF COLORADO 37 11111111111 IIII 111111111111 IIIII 111111 III 11111 Ilil PHI 3128715 11/20/2003 04:15P Weld County, CO 37 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A to Declaration of Covenants, Conditions and Restrictions for Cottonwood Falls M I3128715 11/20/2003 04:15P Weld County, CO NN all IIII III'I"II"I Mt 1'1"I III HIM I"I 38 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT B to Declaration of Covenants, Conditions and Restrictions for Cottonwood Falls < — 111111 illll IIII1111111IIIt 111 111111 III 11111 1111 1111 3128715 11/20/2003 04:15P Weld County, CO 39 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder REFERRAL LIST NAME: Marla DeJohn-Cottonwood Falls PUD CASE NUMBER: PF-632 REFERRALS SENT: September 29, 2003 REFERRALS TO BE RECEIVED BY: October 28, 2003 COUNTY TOWNS and CITIES _X Attorney _Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office 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 _X Department of Health Grover 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 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 _X 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-7 _X_Greeley Ditch Company Longmont West Adams REFERRAL LIST NAME:John Kadavy-Cottonwood Falls PUD CASE NUMBER: PF-632 COUNTY TOWNS and CITIES _X Attorney Ault _X_Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono X_Sheriffs Office Eaton _`X_Publc Works Erie Housing Authority _Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City _Xt_Division of Water Resources Gilcrest Geological Survey Greeley _X Department of Health Grover 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 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 _X 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-7 _X_Greeley Ditch Company Longmont Central Colorado Water Conservancy District West Adams _Weld County Long Range Planner Lin Dodge for Addressing COMMISSION/BOARD MEMBER Stephen Mokray iviip_ FAX TRANSMISSION COLORADO weld county DEPARTMENT OF PLANNING SERVICES Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 To: Gary DeJohn Date: September 30, 2003 Fax: 352 9575 Pages: 3, including cover Phone: 381 2652 From: Kim Ogle , Planner III kogle@co.weld.co.us Subject: Referral List for Cottonwood Falls PUD COMMENTS: Referral packets are being prepared for mailing, with a mail date of Tuesday or Wednesday of this week. The date requested for referrals back in this office is October 28, 2003. Administrative comments will be prepared with the receipt of all referral comments after this date. Please note the Utility Board Hearing will be conducted on October 9, 2003 If you need any further information, please feel free to contact me at the above telephone number or e- mail address. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have receivedthis communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. PF-632: COTTONWOOD FALLS PUD UTILITY BOARD MEMBERS REFERRAL LIST Hearing Date: October 9, 2003 State Engineers Office Cody Wooldridge Division of Water Resources 1313 Sherman St. Room 818 Doug Melby Denver, CO 80203 Douglas Dalton Don Summers Colorado Dept. of Health Adams Water Quality Control Div. B2 Brent Shafranek Jerry nt Don 4300 Cherry Creek Drive South Magnuson Denver, CO 80246-1530 AlAI Trujillo Don Carroll School District RE-7 P.O. Box 485 Kersey, CO 80644 Platte Valley F.P.D. P.O. Box 16 Kersey, CO 80644 Greeley Conservation District 4302 W. 9th Street Road Greeley, CO 80634 Division of Wildlife Greeley, CO Weld County Referrals Department of Public Health and Environment - Pam Smith Department of Public Works - Peter Schei/ Don Carroll Attorney's Office - Lee Morrison Sheriffs Office - David Tuttle Department of Building Inspection - Jeff Reif Code Enforcement - Bethany Salzman i(„ a Memorandum TO: Kim Ogle, W.C. Planning; Lee Morrison, Attorney COLORADO DATE: November 18, 2003 FROM: Pam Smith, W.C. Department of Public Health and Environment \ SUBJECT: Review of additional documents for Cottonwood Falls PUD; PZ-6 J\ The Weld County Health Department has reviewed the additional documentation submitted during a meeting on November 14, 2003 between Weld County Planning Department and various parties representing Cottonwood Falls. This information was submitted in response to my comments dated October 23, 2003. A.1 —this document is complete. A.3—this has been addressed. A.5—this has been addressed and satisfies the requirements of Brad Simons, Colorado Department of Public Health and Environment via voice mail November 17, 2003. A.6—this has been addressed through a water lease agreement (unsigned copy received). C.1.A—this has been addressed C.1.6—this has NOT been addressed (referencing that all three wells now comprise the public water system as per Brad Simons letter dated September 8, 2003). C.2—there is language in the covenants transferring ownership of Residential Wells No. 1, No. 2, and No. 3. However, there is no specific timeframe for transferring ownership. O:\PAM\PLANNING\F I NALPLAN\PZ632ME MO.RTF November 13, 2004 GKD, L.L.C. P.O. Box 5118 Greeley, CO 80634 Ms. Pam Smith Weld County Health Department 1555 No. 17th Avenue Greeley, CO 80631 RE: Weld County Referral Case No. PF-632 / response to letter dated 11-07-2003. Dear Ms. Smith, Please find the attached response as a revision and correction to your concerns from the above referenced letter. As you are aware of the legal interpretation of the covenants and corrections to said covenants have been revised by our legal counsel Mr. Patrick Groom of Witwer, Oldenburg, Barry & Beddingfield, LLP Attorneys at Law. At no time have we elected to modify and or interpret these documents as this is not in our area of expertise and we are not in the arena of practicing law. A.l; Please find a complete revised IOM Manual for Wells 1 and 2 (with addendum and Emergency Action Plan for Wells 1 and 2). A.3; It is in the opinion of the GKD, LLC that the proposed budget will indeed cover all of the expenses for the operator costs as required by the CDPH & E and any additional associated costs for water provision outside of the PUD. A.5; Please find a copy of the letter to Mr. Kim Ogle dated November 5, 2003. This letter and it's contents, have been reviewed and accepted by Mr. Brad Simons and Ms. Betsy Beaver of the CDPH & E, in turn meeting their final requirements. A.6; It is at the advise of Mr. Patrick Groom that their be no additional language added to the covenants, as a "water lease agreement" between the well ownership group, Cottonwood Falls Home Owners Association (lessor) and a to be determined lessee be adequate and binding (see attached). C.1; Please reference page 32, Article XIV of the covenants. C.2; Please reference page 12, 6.7 of the covenants (form no. GWS-I 1, 6/2003, see attached) The Colorado Division of Wildlife has made some recommendations in their referral that has been reviewed by our legal counsel. Taking their concerns into consideration please reference page 29, 13.4 and 13.5 of the covenants. We appreciate your thoroughness in this matter and feel that all of your concerns have been met. -- Sincerely, 1 ( : ' � Ca Marla DeJohn Managing Partner Enclosures File Cc: Patrick Groom, Attorney at Law Todd Hodges Design Kim Ogle - State Health approves Cottor^od Falls Class 1 operator Page 11 From: PAM Smith To: Ogle, Kim Date: 11/17/03 10:51 AM Subject: State Health approves Cottonwood Falls Class 1 operator Kim, I left Brad Simons a message today asking if he was aware of the contract Class 1 operator and did he approved. He left me a message back that he was aware and did approve. He wasn't planning to send a confirmation letter unless we specifically requested it. Let this email serve as confirmation that Brad Simons, Colorado Department of Public Health and Environment has received notification of Cottonwood Falls Class 1 operator and that Cottonwood Falls has met the last requirement of the public water system criteria. Pam Pam Smith ISDS Program Coordinator Weld County Department of Public Health & Environment email: psmith@co.weld.co.us phone: 970/304-6415 x2211 fax: 970/304-6411 (00,,Ftsit MEMORANDUM WIIDCTO: Kim Ogle, W.C. Planning DATE: October 23, 03 COLORADO FROM: Pam Smith, W.C. Health Department .5 CASE NO.: PF-632 NAME: Marla DeJohn/Cottonwood Falls PUD The Department has received a Final Approval application. Documentation that is specifically outlined in the Change of Zone Resolution has been omitted. Additionally, this Department has worked with the applicants and representatives on specific public water system documentation in a 'pre-Final Application' approval process over the summer of 2003 so that the applicants could streamline the Final Approval application. Those documents reviewed and approved during that 'pre-Final Application' review were not submitted in this application. When these concerns were brought to the attention of the applicant during the review of this application, the applicant did provide additional documentation to this Department on October 14, 2003. Some of this documentation is lacking as well and is specifically noted below. Additionally, during the 'pre-Final Application' review it was disclosed that Well 3 serving Lot 13 of the PUD also serves a residence directly east of this lot, lying outside the PUD. A letter from Marla DeJohn, Managing Partner of GKD, LLC dated September 24, 2003 was submitted in the Final Application materials. This letter explains that this well is now part of the public water system for Cottonwood Falls, that the HOA will continue to serve water to this house (outside the PUD), that they will be expected to pay a proportional share of costs to operate the well on an agreed upon basis, and that if the property is abandoned, torn down, etc. the water supply to this property will be permanently terminated. It appears that there is no language anywhere else to cover the specifics of this arrangement, or that the property owner is aware of and/or agreed to this arrangement. I can piece together a complete application from these other mentioned sources and make comments. However, my concern is that other referral agencies may not have the same documents for their review, and may lack pertinent information. A. Documents of concern: 1. The Final Approval application included an Installation, Operation and Maintenance (IOM) manual for Wells 1 and 2 dated May 2003. On October 14, 2003 the Department received a revised IOM manual dated May 2003, Revised August 4, 2003. However, this revised IOM manual was not complete: excluded was the addendum #1 for page 3, item #8. (The Department had received a complete revised IOM manual(with addendum and Emergency Action Plan for Wells 1 and 2) in summer 2003 and wrote an approval letter on August 11, 2003). 2. The Final Approval application included an Installation, Operation and Maintenance (IOM) manual for Well 3 dated May 2003. On October 14, 2003 the Department received a revised IOM manual dated November 2002, Revised August 4, 2003. This manual was complete, including the addendum #1 and Emergency Action Plan for Well 3. This document was also 1 approved on August 11, 2003. 3. Cottonwood Falls HOA Projected Budget—submitted October 14, 2003 (previously reviewed and approved in August 2003 letter). This budget states specific fee/cost totals. This may need to be updated to reflect the additional operator costs required by CDPH&E (see#5 below) and operating costs to provide water to the property outside the PUD (see#6 below). 4. 'Information for your water system' leaflet to be distributed to residents of Cottonwood Falls - submitted October 14, 2003 (previously reviewed and approved in August 2003 letter). 5. Various correspondences (water analysis and inquiries into the activation and name change of the public water system)were submitted October 14, 2003. This information is supplemental, but does not fulfill the requirement of the Change of Zone resolution 5(M) regarding the documentation of approval of the public water system and response to any conditions of approval. However, during the Summer of 2003 this Department did receive a copy of correspondence from CDPH&E dated September 8, 2003 approving the water system with a requirement that the system 'be under the responsible control of...a Class I Water Distribution System Operator.' The letter goes on to state that Jackie Jones does not possess a water distribution certificate. This issue needs to be addressed. 6. The letter from Marla DeJohn, Managing Partner of GKD, LLC dated September 24, 2003 explaining the relationship of the public water system to a residence outside the PUD. Concerns were noted above— this should be addressed further. B. Operating Agreement and Covenants The Department has reviewed the Operating Agreement and Covenants for Cottonwood Falls (submitted in the application)and brings attention to several points of concem relating to the public water system: 1. The Bargain and Sale Deed Assignment document states that wells 1, 2, and 3 are now owned by GKD, LLC. 2. The Operating Agreement for GKD, LLC states that the duration of the company is perpetual (pg.1, item 1.4) and also has terms for dissolution (pg. 8, item 7.1). This language conflicts with Change of Zone resolution 5(l) which states '...the Covenants shall address maintenance of public improvements on a perpetual basis to the County Attorney's Office for review and approval'. 3. The Covenants (unsigned copy received) are intended to be entered into by GKD, LLC. 4. Article VIII, page 13 of the Covenants should be modified to reflect the costs incurred by the property outside the PUD for expenses relating to the maintenance and operation of the public water system. 5. Article XIV, page 32 of the Covenants states that drinking water will be supplied '... by two domestic wells: Residential Well No.1 (Permit No 035063), Residential Well No. 2(Permit No. 035062) (together comprising Public Water System ID#16525)and Residential Well No. 3 (Permit No. 242268). The Association shall be responsible for the maintenance and 2 operation of all three (3)wells.' C. Concerns with the Operating Agreement and Covenants language: 1. The language in Article XIV (B(5) above) is incorrect in two regards: A. Change of Zone resolution 3(D) states 'The Homeowner' Association shall be financially responsible for the maintenance and operation of all wells that comprise the public water system." This language should be corrected to include the word 'financially'as stated in the resolution. B. The CDPH&E approval letter of the public water system(omitted from the application) states in paragraph 4 'The overall water system, consisting of three wells, will serve a total of 14 homes within and adjacent to the referenced subdivision.' This language should be corrected to reflect that there are three wells now comprising the public water system. 2. The Department is concerned that because of the language outlined in section B(2), there exists the possibility that there will be no viable entity responsible for the public water system. As previously outlined, GKD, LLC owns the wells, and intends to enter into Homeowner's Association for Cottonwood Falls which states that they are responsible for the maintenance of all three wells. However, there is language in the Operating Agreement for GKD, LLC that allows for dissolution of the company. There should be language in place to provide for the perpetual existence of the public water system and financial provisions for maintaining compliance with the drinking water standards governing public water systems in the event GKD, LLC is dissolved. (see also B (2)) The application was approved with the following Department recommended conditions being placed as notes on the plat: 1. All thirteen homes must be served by the Public Water System. 2. A Weld County septic permit is required for any repair or alterations to a 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 disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions,at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 6. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 3 7. "Weld County's Right to Farm" shall be placed on any recorded plat. 8. The PUD must be in compliance at all times with the requirements of the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). 9. The Homeowners' Association shall be financially responsible for the maintenance and operation of all wells that comprise the public water system. The Department has raised concerns with items A(1), A(3),A(5), A(6), C(1) and C(2)and feels they should address them before final approval is granted. These comments are based on documents submitted at separate times since the Change of Zone resolution, and should be noted as such. Not all referral agencies may have received the same documentation, and therefore may be lacking pertinent information. CC: Kim Ogle, Department of Planning Services (email) Monica Mika, Department of Planning Services (email) Lee Morrison, Assistant County Attorney(email) Trevor Jiricek, Environmental Health (email) Anne Johnson, Todd Hodges Design (email) Todd Hodges, Todd Hodges Design (email) Marla DeJohn (email) O:\PAM\PLANNING\FinalPlan\pf632 public water.rtf 4 • ► � MEMORANDUM TO: Kim Ogle, Planner Ill DATE: 11/24/2003 O FROM: Donald Carroll, Engineering Administrator 9` COLORADO SUBJECT: PF-632, Cottonwood Falls PUD On November 14, 2003, I re-inspected the Cottonwood Falls PUD to verify that the existing road has been graded and that the street signs and stop signs have been placed in the Cottonwood Falls PUD. These were the two remaining items identified in my previous inspection that needed to be completed. The two cul-de-sacs have been completed with adequate base course and turning radiuses. All other non-transportation items should be verified by Planning Services. Cottonwood Falls PUD will be non-county maintained. Maintenance and snow removal will be the responsibility of the developer or the home owner's association. pc: PF-632 Peter Schei M:\PLANNING\PF-1 ilb_a t) En MEMORANDUM ' TO: Kim Ogle,Planner 7,,} DATE: 10-November-2003 IIID€ � O FROM: Peter Schei, P.E.,C�iv' ' gineer,Public Works Department COLORADO SUBJECT: PF-632 Cottonwood Falls PUD 2(Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The Public Works Department will require further on-site field investigation of improvements. o The applicant scheduled a field visit with department personnel on 17-October-2003. ❑ On-site improvements were not satisfied at that field visit. o The applicant must re-schedule a field visit with Donald Carroll, who will review improvements for verification prior to any agreement or acceptance. ❑ The applicant submitted to Public Works stamped, signed and dated roadway/construction plan drawings which have been accepted. Included in the set was a mylar sheet and three copies. Should the Planning Department require the mylar(for recording)and/or paper copies,please contact Public Works. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat. PC: PF-632 Cottonwood Falls PUD 2(Final Plat) Email&Original: Planner PC by Post: Applicant PC by Post: Engineer Page 1 of 1 . -m, ,0 MEMORANDUM TO: Kim Ogle,Planner DATE: 14-October-2003 FROM: Peter Schei,P.E., Civlil a ' eer,Public Works Department COLORADO SUBJECT: PF-632 Cottonwot al PUD(Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant must have the surveyor stamp, sign, and date the final plat sheet(s). Certified drawings will remain in the department's file for use during construction. The final plat sheets must be re-submitted. ❑ The applicant must have the final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado. A certified report will remain in the department's file. The report must be re-submitted. ❑ The applicant shall show and dimension 20-foot perimeter easements as per the Utility Board recommendations. ❑ The Public Works Department will require an on-site field investigation of improvements. The applicant must schedule a field visit with Donald Carroll, who will review all said improvements with respect to Public Works, for verification prior to any agreement or acceptance. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat. PC: PF-632 Cottonwood Falls PUD(Final Plat) Email&Original: Planner PC by Post: Applicant dcdrl`z c PC by Post: Engineer jut ft,t Page 1 of 1 �„a iiiicit:, Weld County Referral 1119 € September 29, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Marla DeJohn - Cottonwood Case Number PF-632 Falls PUD • Please Reply By October 28, 2003 Planner Kim Ogle Project Cottonwood Falls PUD Final Plat for thirteen (13) residential lots with Estate uses and 7.1 acres of Common Open Space Legal Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 69 and 1/4 mile north of CR 50 Parcel Number 0965 34 000029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. • Weld County Planning Department Design Review Meeting: DI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ t have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date n d- Z7 -LoQ 3 Agency ,Weld County Planning Dept. •:•1555 N. 17th Ave.Greeley,CO. 80631 d•(970)353-6100 ext.3540 (970)304-5498 fax a DEPARTMENT OF BUILDING INSPECTION rs t(i\ Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 Ci COLORADO October 27, 2002 Marla DeJohn - Cottonwood Falls PUD Cottonwood Falls PUD Final Plat for thirteen (13) residential lots with Estate Uses and 7.1 acres of Common Open Space. PF-632 Building permits were issued for the construction of the dwellings and these permits were inspected and approved. There are no records of a permit being applied for or issued for a monument sign. 1. Building permits shall be obtained prior to the construction of any building or structure. A permit is required for the monument sign and the gazebo/bus shelter. 2. A plan review may be required for the sign and gazebo/bus shelter. If plans are not prepared by a Colorado registered architect or engineer, evidence shall be submitted to the Department of Building Inspection showing why the plans are not required to be so prepared. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building or structure will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Service,Teamwork, Integrity,Quality Page 2 7. A Flood Hazard Development Plan shall be submitted for buildings constructed within the 100-year flood plain. Please contact me for any further information regarding this project. Sincerely, Jeff Reif Building Official Service,Teamwork, Integrity,Quality ‘;'•;..,), Kest Weld County Referral wimiC. September 29, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Marla DeJohn -Cottonwood Case Number PF-632 Falls PUD Please Reply By October 28, 2003 Planner Kim Ogle Project Cottonwood Falls PUD Final Rat for thirteen (13) residential lots with Estate uses and 7.1 acres of Common Open Space Legal Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 69 and 1/4 mile north of CR 50 Parcel Number 0965 34 000029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan I21 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: ucc}y1 re xM NJ r\- �2 Utsrc\okke1) fl \t.V OJ'.l-1 6Y\LTh ukc v Signature sryv, Date Agency A, -moot L.& lant +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 3(970)334-6498 fax MEMORANDUM To: Kim Ogle / From: David Tuttle R�r Date: November 12, 2003 Subject: PF-632 Commander Ken Poncelow responded to this application on April 10, 2002. His memo stated: It appears that this plan development has already taken into account the things that the Sheriffs Office requests. They are placing signage at the entrance to the development showing address locations, they are providing housing numbers which will be visible from the road at residences, they are providing a picnic shelter which will be visible from the road at residences, they are providing a picnic shelter which will be used as a covered shelter for children waiting for a school bus, and they have agreed to put a mail delivery station at the same location. It appears that the roads within the subdivision will be maintained as private roads into perpetuity. These roads need to be maintained to ensure that emergency vehicles have access during adverse weather conditions. Residents should also be notified prior to purchase that the Sheriffs Office has significant enforcement limitations on private drives. I have no further input regarding this minor subdivision. Commander Poncelow's statements appear to remain valid for the issues he has addressed. hi addition to Commander Poncelow's comments, I have checked for duplication of street names. There are currently other streets with the names of Cottonwood Lane and Cottonwood Court. The developer will need to submit a range of addresses before the names can be approved. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe•co Division of Water Resources �° a o'P 6 n-a- Department of Natural Resources r. > p 1313 Sherman Street, Room 818 Denver,Colorado 80203 *Igp6' Phone(3031 866-3581 FAX(303)866-3589 Bill Owens www.waterstate.co.us Governor November 24, 2003 Greg E.W.aicher Kim Ogle Executive Director Weld County Planning Dept. Hal D.Engineer PE. pstag Engineer 1555 N. 17th Ave. Greeley, CO 80631 Re: Cottonwood Falls PUD, PF-632 • Section 34, T5N, R63W, 6th P.M. Division 1, District 1 Dear Kim Ogle: We have reviewed the above referenced proposal to subdivide a parcel of approximately 25.08 acres into 13 lots. The proposed water supply is a central system utilizing well nos. 242268, 35063-F and 35062-F, which are completed in the tributary South Platte alluvial aquifer. Well nos. 35063-F and 35062-F are augmented pursuant to case no. 94CW217. The decreed uses for the wells, as specified in case no. 94CW217 are domestic, irrigation of approximately 3 acres and fire protection. Well nos. 35063-F and 35062-F, in combination are permitted for ordinary household purposes in up to 12 single-family dwellings and the irrigation of a maximum of 60,000 square feet of gardens and lawns. The water supply plan proposes to use the two wells to serve twelve of the lots. The water supply plan states that well no. 242268 will be used to serve one of the lots. The well permitted under no. 242268 was first used prior to December 31, 1968. The permitted uses are ordinary household purposes inside two single family dwellings, fire protection, the watering of domestic animals and poultry and the irrigation of not more than one acre of home gardens and lawns. Pursuant to C.R.S. 37-92-602(3)(b)(III) our office must evaluate the cumulative effect of all wells in a new subdivision. If any well within a new subdivision, including existing wells, withdraw water from a tributary source a court approved plan for augmentation is required to offset the depletions caused by the pumping of the tributary ground water. The augmentation plan must be obtained prior to this office granting approval of the proposed water supply. The water supply plan did not specify the proposed uses on the lots. In addition, no information was provided concerning the physical adequacy of the water supply. As outlined in the statutes, Section 30-28-136(1)(h)(I), C.R.S., upon receipt of a complete preliminary plan submission, the board of county commissioners or its authorized representative shall distribute copies of prints of the plan to the state engineer for an opinion regarding material injury likely to occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed subdivision and adequacy of proposed water supply to meet Kim Ogle November 24, 2003 requirements of the proposed subdivision. Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the physical availability and dependability of the source. A report of this nature was not provided. See the attached Guidelines for Subdivision Water Supply Plan Reports for the necessary information. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., the State Engineer's Office offers the opinion that the water supply as proposed is not adequate and will cause material injury to decreed water rights. However, the consultant for this proposal has been in contact with the State Engineer's Office. In response to our concerns, GKD LLC has submitted well permit applications to amend wells 35063-F and 35062-F, to allow them to be serve all 13 lots. At the time of this letter the well permits had not yet been approved. However, it is the State Engineer's Office understanding that if said wells are repermitted to serve 13 instead of 12 dwellings, the applicant will plug and abandon the well with permit no. 242268. If this is done the State Engineer would offer the opinion that the supply is adequate under Section 30-28-136(1)(h)(I), C.R.S., and would not cause material injury to decreed water rights. Should you have any questions, please contact Joanna Williams of this office. S William H. Fronczak, P.E., J.D. Chief of Water Supply WHF/JMW CC: Jim Hall, Division 1 Office Water Supply Branch Subdivision File Weld Cr gat L, L _._ October 27, 2003 GKD, LLC P.O. Box 5118 Greeley, CO 80634 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Weld County Referral; Case No. PF-632; PWSID #CO-0 162525 Dear Mr. Kim Ogle, I have been in receipt of the correspondence from the Water Quality Control Division, Mr. Brad Simons, P.E., regarding their comments on the above referenced referral. We have been in touch with Ms. Betsy Bever(Facility Operator Program, WQCD-WQP) and Mr. Brad Simons this morning and have come up with the following resolution. 1. Ms. Jackie Jones (Water Treatment Plant Operator— Certificate No. 5437) will continue to serve as the system Water Treatment Plant Operator. 2. Ms. Betsy Bever will be sending us a list of local Class 1 Water Distribution System Operator's in the Weld County area and we will contract one of these individuals on a temporary basis. 3. Ms. Betsy Bever is forwarding to us the class schedules and applications for the Class 1 Water Distribution System Operator and the Small Water System Operator classes, the second being the best long range license to have with a resident of the subdivision. These are January 2004 classes/exams. The Class 1 Water Distribution System Operator's license was a new requirement as of May 2000, at which time the PWSID was inactive and deemed unnecessary by Ms. Jackie Jone's past employer to attain such license. We are asking that compliance with the Colorado Department of Public Health and Environment's Water Quality Control Division requirements be favorably received as a condition to the final Weld County Department of Planning approval. Sincerely, YOY(L.(1C Marla DeJohn Managing Partner Cc: Todd Hodges Design, LLC Brad Simons, CDPHE-WQCD Betsy Beaver, CDPHE-FOP CDPHE-WQCD ,x:3037820390 Oct 21 2003 15:55 P. 02 (eZt;orit Weld County Referral Received �e OCT 0 3 2003 September 29, 2003 COLORADO Water Quality Control The Weld County Department of Planning Services has received the following item for review: Applicant Maria DeJohn- Cottonwood Case Number PF-832 Falls PUD Please Reply By October 28,2003 Planner Kim Ogle Project • Cottonwood Falls PUD Final Plat for thirteen (13)residential lots with Estate uses and 7.1 acres of Common Open Space Legal Part of the E2 of Section 34, T5N, R63W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to CR 69 and 1/4 mile north of CR 50 Parcel Number 0965 34 000029 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process, If you desire to examine or obtain this additional information,please call the Department of Planning'•Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan XO We have reviewed the request and find no conflicts with our interests. See attached letter- I Comments: - Signature Date • Vg,/f 0 Agency t�f E) - W QC-4) • +Weld County Planning Dept. +1555 N.17th Ave,Greeley,CO.80631 O(970)3534100 ed-3540 6(970):04.6498 fat STATE OF COLORADO Bill Owens,Governor of co Douglas H.Benevento,Executive Director $1.% �, <o� Dedicated to protecting and improving the health and environment of the people of Colorado (E , s $\`i 4300 Cherry Creek Dr.S. Laboratory Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. A. • Phone(303)692-2000 Denver,Colorado 80230-6928 raga TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment October 21,2003 Mr.Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley,CO 80631 Re: Weld County Referral;Case Number PF-632;Cottonwood Falls P.U.D.;PWSID#CO-0162525;Weld County Dear Mr.Ogle: The Water Quality Control Division(Division)has received and reviewed the above referenced referral and offers the following comment for your consideration. 1) In the Division's September 8,2003 correspondence to Mr.John Kadavy,of the Cottonwood Falls Subdivision, regarding PWSID#CO-0162525, it was noted that the public water system is required to be under the responsible control of a Class"D"Water Treatment Plant Operator and a Class"1"Water Distribution System Operator. These are requirements of the current Colorado Operators Certification Board Regulations. Based upon information provided during the review of Residential Well No. 3,the system has a certified treatment plant operator,but does not have a certified water distribution system operator. Should you have any comments or questions,please contact me at 303-692-3507. Sincerely, COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Bradley A. Simons,P.E. District Engineer Technical Services Unit Water Quality Control Division BAS/RJF/bas cc: Pam Smith,Weld County Department of Public Health and Environment Marla DeJohn,GICD,LLC,P.O.Box 5118,Greeley,CO 80634 Todd Hodges Design, LLC, 1269 N. Cleveland Ave.,Loveland, CO 80537 Betsy Beaver,Facility Operator Program,WQCD-WQP Drinking Water File,PWSID#CO-0162525 STATE OF COLORADO `O��O Bill Owens,Governor DEPARTMENT OF NATURAL RESOURCES O DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER t%' Russell George, Director -*OF`e- 6060 Broadway For Wildlife- Denver, Colorado 80216 For People Telephone: 1303) 297-1192 October 23, 2003 Mr. Kim Ogle, Planner Weld County Planning Department 1555 North 17"sAvenue Greeley, Colorado 80631 ' Dear Mr. Ogle: The Cottonwood Falls PUD, Case # PF-632, Applicant: Marla DeJohn, referral was received by Larry Rogstad, District Wildlife Manager in Greeley. The packet was reviewed and a site inspection was made by Larry on October 13, 2003. In this letter you will find the Division of Wildlife comments concerning this proposal. The site is located adjacent to the riparian floodplain of the South Platte River, approximately one mile east of Hardin. Low elevation, riparian habitat along the South Platte is among the most important ecosystems in terms of wildlife diversity and abundance. Many different wildlife species use the river bottom and adjacent uplands in this area. Consequently, the occupants of this subdivision should expect to see and encounter wildlife at and near their home sites periodically, and should be prepared to deal with these encounters appropriately. Residents of this subdivision can expect regular visits by White-tail and Mule deer, Rio Grande Turkeys, Raccoon, Coyotes, Red Fox, Striped Skunks, bats, rodents, miscellaneous snakes and amphibians. The site also has abundant insect populations including mosquitoes. When persons choose to live in wildlife rich areas, the goal should be to coexist with wildlife in a manner that will minimize risk to health and safety of both people and wildlife. The site is also located adjacent to and surrounded on 3 sides by State and private lands that see a significant level oh hunting recreation. To this end, the Division of Wildlife would recommend the following: 1. Perimeter fencing maintained by the homeowner's association should be of a type that will allow free passage of wildlife. The current barbed wire fence is adequate. Changes made to the barbed wire fence should incorporate a three strand (bottom strand no less than 17 inches above the ground and top strand no greater than 38 inches above ground), double stay design. Upgrades of perimeter fencing could include standard post and rail designs in common use. 2. Future plantings done by the homeowners association around the perimeter may substitute American Plum, Prunus Americana instead of Austrian Plum suggested in the landscape plan. American Plum is adapted to the dry sandy soil found at the site. It also produces a mast crop that will provide an additional food source for wildlife. The fruit of the American Plum is also readily useable by people. DEPARTMENT OF NATURAL RESOURCES, Greg E.Walther, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair•Philip James, Vice-Chair•Olive Valdez, Secretary Members, Bernard Black•Tom Burke•Jeffrey Crawford •Brad Phelps• Robert Shoemaker• Ken Torres Ex-Officio Members, Greg E. Walther and Don Ament 3. Section 13.4 of the Covenants covers rubbish refuse and garbage. The Division appreciates the sentence stating that refuse containers shall be kept in garages or other approved structures. We would further recommend that the description of sealed container should stipulate that they be made of metal. Raccoons, skunks and rodents can chew their way into thin-walled plastic containers. 4. Section 13.5 of the covenants covers livestock, poultry and pets that may be kept by residents. The Division would recommend that an additional sentence be added to this paragraph stating that feed for livestock and pets should be kept in sealed metal containers. Sweet feed for horses, grain for poultry and pet food left in bags is a major attractant for skunks, raccoons, and rodents. Keeping pet food and livestock food in scavenger proof containers will make home sites much less attractive to scavengers. 5. We would also ask the homeowner's association to urge residents to avoid leaving pet food out on porches or outdoors on a regular basis. Food and water left out in pet bowls, especially at night, will attract skunks, Raccoons, fox and Coyotes. Once habituated to home sites, it is difficult to discourage these animals from returning, and increases the likelihood of direct conflict with people and pets. A suggested alternative when it is necessary to feed pets outdoors, is to provide food for a set period on a daily basis. Uneaten food should be removed after the pet has finished eating. 6. So that buyers of the houses are not caught unaware of the hunting activities in the area, and so that there is a record that the buyers are informed and accept the activities, we would ask that a document be included in the closing document package advising that the buyer is aware that significant hunting activities are taking place adjacent to the site, and that the buyer acknowledges and accepts that recreational activity. These signed documents should be recorded. On behalf of the Division of Wildlife I would like to thank you and the DeJohns for the opportunity to review and comment on this proposal. We wish all parties involved the best of luck as this project proceeds. Please feel to contact me or Larry Rogstad at 352-2143 should there be further questions. Sincerely, Scott Hoover Northeast Regional Manager Ill Iq1 County Referral C { September 29, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Maria DeJohn -Cottonwood Case Number PF-632 Falls PUD Please Reply By October 28, 2003 Planner Kim Ogle Project Cottonwood Falls PUD Final Plat for thirteen (13) residential lots with Estate uses and 7.1 acres of Common Open Space Legal Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 69 and 1/4 mile north of CR 50 Parcel Number 0965 34 000029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Department Design Review Meeting: ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �0 We have reviewed the request and find no conflicts with our interests. } /�, See attached letter. Comments: V\ D\ft— C a Di \ash Signature Date Q 3 Agency U Ct +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Applicant: Marla ueJohn - Cottonwood Fall PUD Planner: Kim Ogle Case#: PF-632 x. rrrriT A WCR 69 g ® ' 3 • '''.\:$,, illPa [CR 50j fy° Ft L.:- 0.4 0 0.4 0.8 Miles Weld County Referral Map Highways Major Roads Local Roads Railroads ' Streams 8 Ditches \ / PLSS Soils W �\ E Lakes ,/ Floodplains Q w a o c ` w p ry E N rn N w N ° _ o > c = c o U o E To $ m 3 c O a) o C7 Z N rn ) N N y 33 >,.s n L. J+ v c N "O -O O O. N V o ; 7 O E C z E ._ w. O CO co LL a a) LL D O N N rn e a CO E0 . I m c a 43 ZZ > C > J Y c c 0 O a) . t -oI 1:3 V a) w CD T U iv (n < U) w 1— y0 a I + IQ w o I Q _ V m O.-c w C N O v E l0E -0Q) CDEI p) = p U) E '9 a) a) a)! I y o o N OM a>) aj)) 0 T .t. U (ODU ww Z c _ y o .. w o a) 3 r ao Cu) c w N I O ro O O1 m I U — I S m w w w m M • o I0! $ 3a ' ''' ' a o a) D w wIw rn m p� � u) u) m o c� a N O psi C w co i W c L E w a) a) r I � °)i Li. if) y � � � ao p �_ C ._. O C w 30 O co r0 QC U Cw > w w''. I -oo " N IO m -c S(O ° > > m I mo b U CO w v) u) W _ E > o O 0 a .. t N S d u) aai O d y m y v fn O N N O E v) Z. U (V co H y m p c >, Ch COO — p ?`-I c o Cfl m (n d >• U LL 03 C o m e E 2 0 U -aOi a) o 0 M E U a) C a"J O J c I .' o a) "o Z C, Q m a c e o • -tg m Q C m c 'o d N [l @ j ,E I m m — U;Q dl CO I H v 0 Oct 16 03 09: 55a DeJgJgn Housemoving Inc. 1 970 352 9575 p. 2 • l7latte 9)alley @School • WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY. COLORADO 80644- 970/336-8500- FAX 970/336-85 I I E.GLENN MCCLAIN,SUPERINTENDENT October 15, 2003 GKD, LLC PO Box 5218 Greeley, Co 80634 - RE: Cottonwood Falls PUD The district would like to say thanks for working with the district on the location of the bus entry and turn around points for your development. The district would like the bus to enter the sub division from WCR 69 and proceed west on Cottonwood Lane to the turn around point and proceed back up to the first pick up point between lots 7 & 8. The bus will then proceed to the second pick up point at the Northwest corner of Lot#1 at the intersection of Cottonwood Lane and Cottonwood Court. The turn around points look to be adequate for the bus to safely turn around provided that this area is not used for parking. All turn around points and lanes must be maintained and passable in all weather conditions in order for this to continue to be successful. The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. Each new lot would be required to pay the $750.00. Please feel free to contact the district with any questions. 970-336-8500 Sincerely, Glenn McClain Superintendent Lk/l/ - Ot7I/calioir. . . .(3«iV�OM' . ; C)rz mil. latte 9)alley @Schools WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500- FAX 970/336-85 I I E.GLENN MCCLAIN,SUPERINTENDENT September 27, 2002 John Kadavy Sears Real Estate 2021 Club House Drive Greeley, CO 80634 John: First of all, the district would like to say thanks for working with John Christman in regards to the location of the bus entry and turn around points for your development. The district would like the bus to enter the sub division from WCR 69 and proceed west on Cottonwood Lane to the turn around point and proceed back up to the first pick up point between lots 7 & 8. The bus will then proceed to the second pick up point at the Northwest corner of Lot#1 at the intersection of Cottonwood Lane and Cottonwood Court. The turn around points they look to be adequate for the bus to safely turn around provided that this area is not used for parking. All turn around points and lanes must be maintained and passable in all weather conditions in order for this to continue to be successful. Again, thank you for your consideration of the safety of transporting students to Platte Valley, best of luck with your sub division and feel free to contract either John Christman or myself with any questions. Sincerely, nysed.t., ;144 Merle Smith Transportation Director 6.717)40 Nekcatiow. . . �ier,/,w your (9-it WARRANTY DEED THIS DEED, Made this 20th day of November bete 2002, p�end Pointe, L.L.C., A Colorado Limited Liability Company as to Parcel 1 Gary DeJohn as to Parcel 2 of the County of Weld and State of Colorado grantor.and GICD, LLC, A Colorado Limited Liability Co mpany whose dmgdladadn is of the County of Weld State WITNESSETII,That the➢cantor.!errand d Bona dantlon of the um of ONE MILLION SIX HUND TWO THOUSAND AND NO/100RED SIXTY the receipt and sufficiency of which is hereby acknowledged,has DOLLARS,($1,662,000.00 ), does gent,bargain, gr granted.bargained,sold and conveyed,and by these presents sell,convey and confirm unto the grantee,his heirs and assigns forever,all the real property together with improvements.if any,situate,lying and being in the County of Weld ,and State of Colo described as follows: Parcel 1: A tract of land located in the East Half of Section 34, and the West Half of Section 35, all in Township 5 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the East Quarter Corner of Section 34 and considering the east line of said section 34 to bear South 00'00'36' East and with all other --Cont inued-- alsq[uteri breMbot and number as TOGETHER with all and singular the heredilaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right.title,interest. claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the bereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself.his heirs and personal representative&does covenant,grant.bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good, sure perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right.full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants,bargains.sales, liens, taxes,assessments. encumbrances and restrictions of whatever kind or nature soever.except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents ac reflected in the Title Documents accepted by Buyer in accordance with section 8a[Title Review],of the contract dated November 7, 2002 ,between the parties. The grantor shall and will WARRANT FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular nu shall include the plural,the plural the singular.and the use of any gender shall be applicable to all genders. IN WITNE HEREOF.the granto executed this deed on the date set forth above. pland Pointe, LLC STATE OF COLORADO COUNTY OF WELD )ss. The foregoing instrument was acknow- ;'-f; -_•e this 20th y Upland Pointe, LLC 20.gp:,_.(r day a( November 2002 b}, My Commission expires: LYNNETTE R,: hand., o o:•CARPENTERFO IX.. PL• OF GO)-°‘- I No: ' ,tic WARRANTY DEED(for radu grnpWa Record)IAgMI$OI FIeN IA6a06aBn3 CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED November 20, 2002 bearings contained herein being relative thereto; thence South 00'00.36' East, 36.00 feet along said East line; thence south 86'09'00" West, 711.00 feet; thence North 63'01'00" West, 339.00 feet; thence South 86'35'00' West, 86.00 feet; thence North 29'35'00" West, 52.00 feet; thence North 72'23'00" West, 112.00 feet; thence North 79'25'00' West, 99.00 feet; thence North 00'00'00" East, 318.00 feet; thence North 28'47'00" West, 80.00 feet; thence North 16'07'17' West, 70.99 feet; thence North 28'28.58" West, 264.49 feet; thence North 84'44'34' East, 506.83 feet; thence South 74'52'13" East, 1042.77 feet to a point on said East line of Section 34; thence South 74'52'13" East, 31.08 feet; Thence South 00'00'36" East, 651.18 feet; thence South 86'09'00' West, 30.07 feet to the true point of beginning, being that parcel of land shown on Change of Zone map recorded August 29, 2002 at Reception No. 2982962, County of Weld, State of Colorado. Parcel 2: The East 326 Feet of Block B, City of Greeley, County of Weld, State of Colorado FIeN LR69069B01 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT entered into effective as of the date written below, by and between Upland Pointe, LLC, a Colorado limited liability company ("Assignor"), and GKD, LLC, a Colorado limited liability company ("Assignee"). FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby transfers, assigns and sets over unto Assignee all of the Assignor's rights, obligations, title and interest in and to the Water Lease Agreement dated July 2002, by and between National Hog Farms, Inc. a Colorado corporation, as Lessor and Upland Pointe, LLC, a Colorado limited liability company, as Lessee, a copy of which is attached hereto as Exhibit A, together with all addendums, amendments, renewals, extensions and modifications thereof(collectively, the "Lease"). TO HAVE AND TO HOLD the Lease, together with any and all rights and appurtenances thereto belonging to the Assignor. Assignee hereby unconditionally accepts such assignment and assumes all liabilities and agrees to perform all obligations of the Lessee under the Lease without recourse to Assignor. This Assignment and Assumption shall be binding upon and shall inure to the benefit of Assignor, Assignee and their respective heirs, successors, and assigns. /�-2a ' O z Dated: ASSIGNOR: UPLAND POINTE, LLC, a Colorado limited 1. ility company 7....c,.."...-----..\.7 By: John Kadavy Titl Manager ASSIGNEE: GKD, LLC, a Colorado limited liability company .7 /��Cr I By: C? 4 2[��. Name: ` a f to ,(J I" -p A n Title: A(c/hQ ,/1 M /ytA/A/ STATE OF COLORADO ) ) ss. COUNTY OF WELD l On this, C -day of NoreothcY, 2002, John Kadavy, as manager of Upland Pointe, LLC, a Colorado limited liability company, personally appeared before me, the undersigned, and thereupon he acknowledged under oath, to my satisfaction, that he is the person who executed the within instrument that he was authorized to execute said instrument on behalf of said corporation; and that he executed said instrument as the voluntary act and deed of said corporation for the purposes therein expressed. WITNESS my hand and official seal. //oc!:P,. Ue<i LYNNETTE R.; CARPENTER; Notary P lic Nom. My Commissio P1.44:•- My Commission Expires 8126103 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) On thisote ay of /V(91(eMbtf, 2002, yn (il&brjoh \ (name), as manager of GKD, LLC, a Colorado limited liability company,personally appeared before me, the undersigned, and thereupon she/he acknowledged under oath, to my satisfaction, that she/he is the person who executed the within instrument; that she/he was authorized to execute said instrument on behalf of said corporation; and that she/he executed said instrument as the voluntary act and deed of said corporation for the purposes therein expressed. WITNESS my hand and official seal. �pRY_PVe\ ''c%, Notary P lic My Co sstc ET R.: Nom. R• of CCAPIL My Commission Expires 8126103 2 NOTICE OF ASSIGNMENT AND CONSENT TO WHOM IT MAY CONCERN: Please take notice that effective the date written below, Upland Pointe, LLC has assigned to GKD, LLC all of its rights, obligations, title and interest in and to the Water Lease Agreement dated July 2002, by and between National Hog Farms, Inc. a Colorado corporation, as Lessor and Upland Pointe, LLC, a Colorado limited liability company, as Lessee, a copy of which is attached hereto as Exhibit A, together with all addendums, amendments, renewals, extensions and modifications thereof(collectively, the "Lease"). All notices for the Lessee under the lease should be sent to: GKD LLC 1860 23rd Avenue Greeley, CO 80634 Dated: /1- 2-j ..° a UPLAND POINTE, LLC, a Colorado limited 'ability company By: i Zf 7-te-s - C------> John Kadavy Ti : Manager Consented to: GKD, LLC, a Colo do limited liab' ,ty c p BY / J Name:72_ ( 42_lr L l_k-)`1 fl Title: /)/{(1/)2Cfef//y 4i & (COD G - .4 BARGAIN AND SALE DEED AND ASSIGNMENT UPLAND POINTE,LLC, a Colorado limited liability company,whose legal address is 4218 West 4th Street Lane, c/o John Kadavy, Greeley, Colorado 80634 ("Grantor"), for and in consideration of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby does sell, convey and assign to GKD, LLC, a Colorado limited liability company, whose legal address is 1860 23rd Avenue, Greeley, Colorado 80631 ("Grantee") the following: 1) the well associated with permit no. 242268 located in the SE 1/4 NE 1/4 of Section 34, T5N,R63W, 6th P.M., Weld County, Colorado at a point 2,406 feet from the North section line and 106 feet from the East section line of said Section 34, together with the well permit associated therewith (attached hereto as Exhibit A)and any existing pipelines necessary for the use of said well for the permitted purposes; and 2) the wells known as Well No. RES-I (permit no. 35063-F) (attached hereto as Exhibit A) with a decreed location in the Se 1/4 NE 1/4 of Section 34, T5N, R63W, 6th P.M., Weld County, Colorado at a point 1,930 feet south of the North section line and 1,060 feet west of the East section line of said Section 34, and Well No. RES-2 (permit no. 35062-F) (attached hereto as Exhibit A) with a decreed location in the SEI/4 NE1/4 of Section 34, T5N, R63W, 6th P.M., Weld County Colorado, at a point 2,230 feet south of the North section line and 525 feet west of the East section line of said Section 34 (collectively the "RES Wells"), together with well permits associated therewith and the water rights decreed to the RES Wells in the amount of 15 gpm (0.03 cfs) absolute for each well, with an appropriation date of April 26, 2989, for the uses of domestic, fire protection and irrigation of approximately 3 acres ("Water Rights"), as confirmed in Section III.B of the Findings of Fact, Conclusions of Law, ruling and Judgment and Decree entered in Case No. 94CW217, Water Division 1, on October 3, 1997, attached hereto as Exhibit B ("Decree"), and any existing pipelines necessary for the use of said Wells for their decreed purposes. The above described wells and Water Rights do not include any interest in the Peterson Well No. 2 (permit no. 12752-R) described in Section III.C2 of the Decree or any interest in the water rights to be used for augmentation of the RES Wells as provided for in Section III.C,3 of the Decree. The RES Wells and Water Rights shall not be used for purposes other than the decreed uses set forth herein above, unless Grantee obtains additional augmentation water rights and a judicially approved plan for augmentation to replace depletions from said additional uses. Dated: v—v "2— UPLAND POINTE, LLC, a Colorado limited ility company By: /f'/ ' / John Kadavy Ti e: Manager STATE OF COLORADO ) ) ss. COUNTY OF WELD ) On thisPnday of ijoireri h 1:c 2002, John Kadavy,a Colorado limited liability company, as manager f Uplan Pointe, p y, personally appeared before me, the undersigned, and thereupon he acknowledged under oath, to my satisfaction, that he is the person who executed the within instrument; that he was authorized to execute said instrument on behalf of said corporation; and that he executed said instrument as the voluntary act and deed of said corporation for the purposes therein expressed. / Y PVe' WITNESS my h. • : tI ofilcigcs 1. LYNNETTE R,; CARPENTER: OFCOVj Notary Pub-c Commission Expires 8126103 My Commission Expires: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) On this _ day of , 2002, John Kadavy, as manager of Upland Pointe, LLC, a Colorado limited liability company, personally appeared before me, the undersigned, and thereupon he acknowledged under oath, to my satisfaction, that he is the person who executed the within instrument; that he was authorized to execute said instrument on behalf of said corporation; and that he executed said instrument as the voluntary act and deed of said corporation for the purposes therein expressed. WITNESS my hand and official seal. Notary Public My Commission Expires: TITLE DEPARTMENT - DCIVERY TRANSMITTAL FIRST AMERICAN HERITAGE TITLE CO 2 1000 Centre Avenue•Fort Collins,CO 80526•Ph:(970)493-3051•Fax:(970)224-2177 5. DATE: SEPTEMBER 15, 2003 FIRST ORDER NO: LR69380B03TITLEC0MPANY 1990'9003 PROP.ADDR: Cottonwood Lane, Greeley, Colorado 80634 OWNER/BUYER: GKD, LLC, A Colorado Limited Liability Company PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: [CLOSING OFFICE -- NONE REQUESTED -- 1 TO: GKD, LLC ATTN: Marla DeJohn P.O. Box 5218 PHONE: 302-4921 - cell Greeley, CO 80632 FAX: I # COPIES: 1 ROUTING METHOD: MAIL THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: TRANSMIT Flea LR69380B03 FIc# LR69380B03 FIRST AMERICAN HERITAGE TITLE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy wll insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 -- Requirements 3 SCHEDULE B-2--Exceptions 4 CONDITIONS 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. UTFAMJKT Flea LR69380B03 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B -Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B- Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 200-200-1 i•••. �•• File II LIZ69380B03 Form No.1343(CO-87) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effec- tive as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit- ment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on page 1-A. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American.�y Title Insurance Company P (�S LE I NSU99 BY 444/[y� Or• PRESIDENT PP o�4 • co IL CO • o a o O • .0 • SEPTEMBER 24, /97/4 �y� b� 1968 BY "" "I �,i1 nfr t SECRETARY yx CAL;FC? \Px! BY COUNTERSIGNED File* LR69380B03 FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue•Fort Collins,CO 80526•Phone: (970)493-3051•FAX:(970)224-2177 COMMITMENT SCHEDULE A Commitment No: LR69380B03 1. Commitment Date: September 2, 2003 at 7 :29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ TBD 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: GKD, LLC, A Colorado Limited Liability Company 4. The land referred to in this Commitment is described as follows: SCHEDULE A PAGE 2 ATTACHED HERETO PREMIUM: For Infor Only Commitment $ 294.00 09/15/03 14 :46:12 bin LV5338 ❑TCOCPI 09/15/03 14:46:28 bm LV5338 Flee LR69380B03 SCHEDULE A - Page 2 Order No. LR69380B03 A tract of land located in the East Half of Section 34, and the West Half of Section 35, all in Township 5 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the East Quarter Corner of Section 34 and considering the east line of said section 34 to bear South 00°00'36" East and with all other bearings contained herein being relative thereto; thence South 00°00'36" East, 36.00 feet along said East line; thence South 86°09 '00" West, 711.00 feet; thence North 63°01' 00" West, 339.00 feet; thence South 86°35'00" West, 86.00 feet; thence North 29'35'00" West, 52 .00 feet; thence North 72°23 '00" West, 112.00 feet; thence North 79'25'00" West, 99 .00 feet; thence North 00°00'00" East, 318.00 feet; thence North 28°47'00" West, 80 .00 feet; thence North 16°07'17" West, 70.99 feet; thence North 28°28'58" West, 264.49 feet; thence North 84°44'34" East, 506.83 feet; thence South 74°52 '13" East, 1042 .77 feet to a point on said East line of Section 34; thence South 74°52'13" East, 31.08 feet; Thence South 00°00'36" East, 651.18 feet; thence South 86°09' 00" West, 30 .07 feet to the true point of beginning, being that parcel of land shown on Change of Zone map recorded August 29, 2002 at Reception No. 2982962, County of Weld, State of Colorado. (for informational purposes only) 09/15/03 14:38:24 bin 1v5338 ^ Flea LR693a0B03 NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) OAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S. ) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal customer information to any external non- affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such a reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 09/15/03 14:46:21 bm LV5338 i-•. File# LR69380B03 Farm No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. LR69380B03 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: NOTE: THIS COMMITMENT IS FOR INFORMATIONAL PURPOSES ONLY NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000 .00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . 09/15/03 14:38:26 bm 1v5338 FIeN LR69380B03 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE S - Section 2 Order No. LR69380B03 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1 . Taxes and Assessments not certified to the Treasurer's Office. 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Easements, or claims of easements, not shown by public records. 4 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . 6. All taxes and assessments, now or heretofore assessed, due or payable. 7 . Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Right of way as evidenced by that "Contract to Construct a Ditch" recorded May 13, 1876 in Book 11 at Page 201 . 9 . The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded September 18, 1882 in Book 34 at Page 22; and any and all assignments thereof or interest therein. 10 . The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded May 15, 1891 in Book 57 at Page 139; and any and all assignments thereof or interest therein. 11. Right of way for railroad as evidenced in that deed recorded April 5, 1883 in that deed recorded April 5, 1883 in Book 35 at Page 484. 12. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded November 15, 1905 in Book 131 at Page 143; and a right of way for ditches and canals constructed by the authority of the United States and any and all assignments thereof or interest therein. --Continued 09/15/03 14 :38:28 bm 1v5338 File# LR69380B03 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR69380B03 13 . Rights of others to that portion of the land lying within The Illinois Ditch together with such adjoining land as may be used or useful in connection with the use or maintenance of that ditch. 14. An easement for Roadway and incidental purposes granted to Weld County by the instrument recorded February 7, 1905 in Book 212 at Page 78. 15. Decree of water court recorded February 15, 1910 in Book 314 at Page 542. 16. An easement for Pipelines and incidental purposes granted to Continental Oil Company by the instrument recorded September 28, 1931 in Book 920 at Page 598. 17 . An undivided 100% interest in all oil, gas and other minerals as reserved by Weld County recorded October 23, 1943 in Book 1119 at Page 292, and any and all assignments thereof or interests therein. 18. An undivided 17/25ths and 8/25ths interest in all oil, gas and other minerals conveyed to Hazel M. Brown and Hazel G. Manning, respectively by Mineral Deed, recorded March 20, 1944 in Book 1129 at Page 337, and any and all assignments thereof or interests therein. 19 . Any assessment or lien of Platte Valley Fire Protection District, as disclosed by the instrument recorded June 21, 1954 in Book 1393 at Page 622. 20 . An undivided 8/25ths interest in all oil, gas and other minerals conveyed to Fred M. Manning, as Trustee under Trust Agreement of Hazel C. Manning dated May 25, 1955 and recorded November 26, 1955 in Book 1435 at Page 600, and any and all assignments thereof or interests therein. 21. An undivided 100% interest in all oil, gas and other minerals as reserved by Hazel M. Lindl, Gloria Jean Howard and Robert Edward Brown, together with the right of ingress and egress recorded January 11, 1965 in Book 532 at Reception No. 1453565, and any and all assignments thereof or interests therein. 22 . Any assessment or lien of West Greeley Soil Conservation District, as disclosed by the instrument recorded in Book 573 at Reception No. 1494574. 23 . An undivided 100% interest in all oil, gas and other minerals conveyed to Hazel M. Lindl by Mineral Deed, recorded September 9, 1968 in Book 599 at Reception No. 1520830 and September 30, 1968 in Book 600 at Reception No. 1521667, and any and all assignments thereof or interests therein. Said reservation is affected by Amended judgement recorded September 26, 1973 in Book 700 at Reception No. 1621988. 24 . An easement for electric transmission line and incidental purposes granted to Poudre Valley Rural Electric Association by the instrument recorded March 21, 1973 in Book 688 at Reception No. 1609519, in which the location of said CONTINUED 09/15/03 14:38:29 bra 1v5338 Flick LR69380B03 • Form IVo. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR69380B03 easement is not defined. 25 . An Oil and Gas Lease, from Fred M. Manning, Jr. as Lessor(s) to James D. Nelson as Lessee(s) dated February 4, 1974, recorded April 3, 1974 in Book 711 at Reception No. 1633304, and any and all assignments thereof or interests therein. 26. An Oil and Gas Lease, from Allard Cattle Company as Lessor(s) to Huskey Oil Company of Delaware as Lessee(s) dated February 14, 1974, recorded April 3, 1974 in Book 711 at Reception No. 1633306, and any and all assignments thereof or interests therein. 27 . An undivided 50% of 15% interest in all oil, gas and other minerals as reserved by George L. Allard and Roxana E. Allard recorded May 2, 1979 in Book 867 at Reception No.s 1789168, 1789169 and 1789170, and any and all assignments thereof or interests therein. 28. An Oil and Gas Lease, from George L. Allard, Roxana E. Allard and George L. Allard and Co. as Lessor(s) to Diversified Mineral Services, Inc. as Lessee(s) dated April 15, 1980, recorded June 4, 1980 at Reception No. 1826527, and any and all assignments thereof or interests therein. 29 . An Oil and Gas Lease, from W.D. Farr aka William D. Farr as Lessor(s) to Diversified Mineral Services as Lessee(s) dated April 15, 1980, recorded June 4, 1980 at Reception No. 1826529, and any and all assignments thereof or interests therein. 30 . An Oil and Gas Lease, from W.D. Farr aka William D. Farr as Lessor(s) to Rock Oil Corporation as Lessee(s) dated April 26, 1983, recorded May 18, 1983 at Reception No. 1927337, and any and all assignments thereof or interests therein. 31. An Oil and Gas Lease, from George L. Allard and Roxana E. Allard and George L. Allard and Co. as Lessor(s) to Rock Oil Corporation as Lessee(s) dated April 26, 1983 ,recorded May 18, 1983 at Reception No. 1927343, and any and all assignments thereof or interests therein. 32 . An Oil and Gas Lease, from George L. Allard and Roxana E. Allard and George L. Allard and Co. as Lessor(s) to Rex Monahan as Lessee(s) dated August 25, 2000, recorded September 25, 2000 at Reception No. 2795882, and any and all assignments thereof or interests therein. 33 . An undivided 100% interest in all oil, gas and other minerals as reserved by The Travelers Insurance Company recorded June 17, 1988 at Reception No. 2145184, and any and all assignments thereof or interests therein. 34. An undivided 100% interest in all oil, gas and other minerals conveyed to CONTINUED 09/15/03 14:38:31 bm 1v5338 ^ Fleu LR6938oB03 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. LR69380B03 National Hog Farm, Inc. by Mineral Deed, recorded June 17, 1988 at Reception No. 2145185, and any and all assignments thereof or interests therein. 35 . An easement for electric line or system and incidental purposes granted to Poudre Valley Rural Electric Association by the instrument recorded June 28, 1989 at Reception No. 2184002, in which the exact location of said easement is not defined. 36. All matters shown on Map for Change of Zone #632 recorded August 29, 2002 at Reception No. 2982962. 37. Any existing leases and/or tenancies 38. Reservation of a perpetual easement by National Hog Farms, Inc. in that Warranty Deed recorded September 25, 2002 at Reception No. 2990418. 39 . Bargain and Sale Deed and Assignment recorded December 3, 2002 at Reception No. 3010861. 40 . Deed of Trust from GKD, LLC, a Colorado Limited Liability Company and Gary DeJohn, to the Public Trustee of Weld County, for the benefit of Colorado Community Bank of Greeley, securing an original principal indebtedness of $1, 662, 000 .00, and any other amounts and/or obligations dated November 20, 2002, recorded December 3, 2002 at Reception No. 3010866. MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, October 9, 2003, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue, Greeley, Colorado. Members Present: Cody Wooldridge, Central Weld County Water District; Doug Melby, Evans Fire Department; Don Carroll, Weld County Department of Public Works; Jerry Adams, Atmos Energy; Don Somer, Qwest Communications. Also Present: Kim Ogle, Planner; Peter Schei, Weld County Department of Public Works; Anne Johnson, applicant's representative; Donita May, Secretary. Don Carroll, Department of Public Works called the meeting to order. 1. APPLICANT: Marla DeJohn - Cottonwood Falls PUD CASE NUMBER: PF-632 PLANNER: Kim Ogle REQUEST: Cottonwood Falls PUD Final Plat for thirteen (13) residential lots with Estate uses and 7.1 acres of Common Open Space LEGAL: Part of the E2 of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to CR 69 and 1/4 mile north of CR 50 Kim Ogle, Department of Planning Services introduced Case PF-632. The residences, internal roads, fire hydrants and landscaping were presently on site. They were originally constructed for twelve unit managers of the National Hog Farm operation which had since been closed. Originally the twelve residences were permitted as Z-PADS, with one stick built residence, as accessory dwellings units to the farm operation. Potable water to the residences was supplied by two existing wells. The third well was to be utilized for irrigation water only. It was closest to the entrance on Lot 13, immediately west of CR 69, approximately in the middle of Lot 13. Don Carroll asked how many lots that well would serve? Mr. Ogle replied that well served irrigation only for the entire property. It did not serve any of the residential units as it was not for domestic use. Wells one and two were located adjacent to Cottonwood Lane. Well number one was on Lot 4, and well number two on Lot 7 and served the domestic needs for all thirteen residences. ISDS, sewage disposal systems, were located on each parcel. There were two envelopes, a primary and a secondary envelope. Platte Valley Fire District, in their referral in the Change of Zone application, stated they had no concerns with the proposed development. There were electrical lines noted on the utility plan, but it appeared that the electric service only went to well house number two and not to any of the other well houses, The water conveyance lines were not delineated on the plat at all. There was one fire hydrant noted at the end or south boundary of Cottonwood Lane, which was the farthest road to the west. The Change of Zone plat that was recorded noted that there were two hydrants in place. The second hydrant was approximately where the"w" is in Cottonwood Court, on the east side of the road, or the middle road that comes down to the cul-de-sac. As noted earlier, this application was set for review on September 30, 2003 and referrals were not due back into the office until October 28, 2003. Staff comments would be prepared between November 24 and December 8, 2003. Mr. Carroll inquired about the electrical lines to the wells. Mr. Ogle replied that if you looked at number two, the electrical line actually came up to the box. On number one it appeared to go right on by. Number three definitely had no electrical to it. Mr. Carroll asked for clarification on additional fire hydrants. Mr. Ogle said that there was a fire hydrant on Cottonwood Lane which was the one farthest to the west. The location of the fire hydrant was different between the Change of Zone plat and the utility drawings. Mr. Ogle said he did not see a fire hydrant on Cottonwood Court, only an overhead light fixture. Mr. Carroll then inquired about the water source to the fire hydrants and if the water lines were in the right- of-way? Anne Johnson, applicant's representative, said she could not answer that question as she was not an engineer, but she would get the answer to that question for them today. Cody Wooldridge, Central Weld County Water District, asked about the fifteen foot utility easement at the end of both cul-de-sacs and whether the utilities were allowed to cut across those radiuses? Ms. Johnson asked how that had historically been accomplished when that situation occured? Mr. Wooldridge replied that normally there was a fifteen foot perimeter easement around the entire development and in this development there were two areas where it was not continuous. Mr. Ogle responded that this was not a normal situation as everything was already out there and constructed. The cul-de sacs were in place. Mr. Ogle said he would have to ask the applicant if she would be willing to waive an easement across the southern end of both cul-de-sacs so utilities could cross through, and that could be made a condition on the plat. Mr. Carroll then asked about the right-of-ways and whether they were public right-of-ways? Mr. Ogle replied that they were public right-of-ways but Weld County would not maintain the roads because the roads were existing at fifty foot right-of-way. They had waived a typical sixty foot right-of-way requirement at the Change of Zone. It was asked by a board member if all of the utilities had signed off and whether they were on propane? Ms. Johnson said there was a sign off on the right hand side with signatures in the upper right hand corner. Mr. Ogle said Poudre Valley REA and Qwest had signed off and that the residences were on propane. Jerry Adams, Atmos Energy, said he thought the County standard was a twenty foot perimeter easement rather than a fifteen foot easement as shown on this plat and that they may want to look at changing that. Doug Melby, Evans Fire Department, said he had concerns about the hydrants, but if the Platte Valley Fire District had signed off on it then he couldn't say much except that he would not approve the hydrants the way they were. He did ask about the Change of Zone, item B., which said all thirteen homes must be served by the public water system. He asked if that was what this system was called instead of a private system? Mr. Ogle said yes. Cody Wooldridge, Central Weld County Water District, motioned to recommend approval of PF-632 with the following recommendations: twenty foot perimeter easements; and the final plat should have the utilities noted. Doug Melby seconded the motion. Motion carried. Meeting adjourned at 10:10 a.m. Respectfully submitted, M 1CAC9' lu7_p, ,Xl- Sectray Secretary 2033 INITED POWER MEMORANDUM October 2, 2003 TO WELD COUNTY DEPARTMENT OF PLANNING SERVICES c/o Kim Ogle FROM: Al Trujillo RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS I I I I I I I � I I I I I , 1 I I [ 'NOTICE I I 11 I I 1 I DUE NAME OF SUBDIVISION FILING RECEIPT OF NOTICE COMMENTS DUE COTTONWOOD 1 1 1 1 1 FALL'S 1 I I I I I I I I I I I I I I I I Z8/20'03' COTTONWOOD FALLS PUD N/A OCTOBER 2, 2003 OCTOBER I I I I I I 1 1 1 1 I I I I I I I I I 111111111 SAID SUBDIVISION LIES OUTSIDE OF OUR SERVICE TERRITORY I I I I I I 1 1 1 1 1 1 I_ 1 I I I I I I 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 Enclosed is a copy of our"Service Territory" boundary map. Please let me know if I can be of further assistance on this matter and thanks again for your help. I can be reached @ 303-637-1241. 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MINI■ate«n iithsn■ll!i Ruin f fs ti■a�r. i a 'wily:lint i mum■■■aMPPE IMIIMIllit■Oli r hlfltlq:11 ■■I 'kit Fitt■ ■■■to■■S slacL61/uau■ /W%! laa ! aamoi mum ■m■m/ifiu maillMuuusnllti'lufmr ■raIIt ■nti itimilillit cItriaM MINIM . r■■■t Irr gyro MIENEnt■ t 14::::).`k Ant LI®!■0 • llliu■■ mi imi t Ja W s . +z rmz , r-z ammo munkaziff•ff•ff•■ j1 IMEIlEPI i: .. • • ■■ ; ' ■ I! I Iinvet!■un I . 1 i 1 t ko Ali _ t■/ ■ii/i a • °° • o LIT"' ° -_I;la. of I• f�tIL�Y.i1GV�..YI�r:O.i ILLi k ° 2 o I ■IIILIi■r.gr:fie' w a � 6 iiIu!5IJ►4 o p o=o �l►, ,■ ■' in a,1 III1iJIHFi id a' •jI .m1.ig • naraVW .. ... ...._... ._._ _ __. __. . ._ _ _ _.. _._ ._ . .- _ _ _ . _ . _- WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY, CO 80631 353-0635. EXT.2225 OWNER NATIONAL HOG FARMS, INC. ADDRESS 25000 WCR 69 PH (303) 353-9S KERSEY CO 80644 ADDRESS OF PROPOSED SYSTEM 24589 WCR '69 KERSEY CO 80644 LEGAL DESCRIPTION OF SITE : SEC .34 TWP 5 RNG 63 SUBDIVISION : LOT 0 BLOCK 0 FILING 0 USE TYPE: RESIDENTIAL EMPLOYEE HOUSE 01 SERVICES: PERSONS 4 BATHROOMS 2.00 LOT SIZE 18.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL • • APPLICATION FEE $150.00 REC ' D BY COFFEY, DIANNE SIGNED BY WILLIAM J. O ' HARE DATE 05/16/89 _ DATE 05/16/89 PERCOLATION RATE 5.0 MIN PER INCH LIMITING ZONE 8 FEET SOIL TYPE SUITABLE PERCENT GROUND SLOPE 1 % DIRECTION S REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH 660 SQ. FT. OR ABSORPTION BED 860 SQ. FT. IN ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS : -- THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL ' APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION .BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE SEWAGE DISP9SAL, SYSTEM. Tc_-ko 4""' - 2- I$ -el b a X STAFF 05/22/89 ' Yv-f g ,ai-iS Dc ENVIRONMENTAL SPECIALIST DATE THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID .-IF SYSTEM CONSTRUCTION HAS VOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIS. FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- ='LETED SYSTEM BY THE WELD COUNTY��^ � HEALTH DEPARTMENT. ,�(( SYSTEM INSTALLER Pt.,..__ Fax) FINAL IN� _ `DATE V1 _ SYSTEM ENGINEER -- APPROVAL TYPE OF SYSTEM INSTALLED ENVIRONMENTAL SPECIALIST THE ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY DR LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT THE SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND _OCAL REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE 25 , CRS 1973, AS AMENDED, =XCEPT FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR ISSUANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2) . ORIGINAL_-APPLICANT ; COPY-WEND Wrwn-rwc MAY 4CMPA • ., 1 . . : I TLS\! U//— /Yj\ ,-------c- kz50 erstie___&-H Yx_ttiEroqr C I 1 71,);.4.I + , I a 97 !il I T ':I!1 .Lid - 5Y-t..' :40A .. ',', tc 1 Io i •qC`�1 � ' I Y�-"lnt_ i i Cr( r J . • } ... ' I 1. '. : , . I .... "ctt C(l' lJ ' ) -dill I I�Cit.1. ) a 1 L� . .1..111.1 ' ! I', "ej' f-' . f i. ': 1 l .! f ; h: , I s 1 7i 41Ei!!I C 3. I.i 'a E s5 I A I' . . I N i 1-; 1 , . � ! i i " I :.I S 7 p. ... � .. f j. 1 .1 j,.. _I I ,. 1 .: V.] I .�.a , • 'i '. n f i l .-.i :i�� .i: .. --Y ,: {{{IIIlfr W v4-z..& Lune cfeC(`i r fin, � !C01).nS t 'ai ! "', iti -.--!4.1T. oT .J;}' TN.! •< I I .. ' :':• I li,: ..j I n,,Ji._,! ... .v It;“ ; H.a -Ad C-il UV, r. riA00 FI 1'1 ^ ,. ' I !..),Ur.:, ' ai li' ?:: ! : ' i { 'Ir, r. 1? '1"' 7:HT tail Mr3T. i :99 _. :. • i'.^ ,. _III ! ,... 4U i . ..: i;, ! i 1. .• ! .. -WCP I.A 7 ..rig 4 1 ..' ;TWDOMtrjc-,14.i„,:tr:...:H T :UC7.: l...70. 7::. ;;;; 17T: - _. .._ - - 1 i WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD , GF:EELEY, CO 80631 353-0635 EXT. 2225 OWNER NATIONAL HOG FARMS , INC. ADDRESS 25000 WCR 69 F'H (303) 353-9 KERSEY CO 80644 ADDRESS OF PROPOSED SYSTEM 24587 WCR 69 KERSEY CO 80644 _EEAL DESCRIPTION OF SITE : SEC 34 TWF' 5 RNG 63 SUBDIVISION - LOT 0 BLOCK 0 FILING 0 JSE TYPE : RESIDENTIAL EMPLOYEE HOUSE 42 SERVICES : PERSONS 4 BATHROOMS 2 . 00 LOT SIZE 10.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY F'WELL F'F'LICATION FEE S150. 00 EC 'D BY COFFEY, DIANNE SIGNED BY WILLIAM J. O ' HARE DATE 05/16/89 DATE 05/16/89 ERCOLATION RATE 5. 0 MIN PER INCH LIMITING ZONE 8 FEET 'OIL TYPE SUITABLE PERCENT GROUND SLOPE 1 % DIRECTION E EGUIF:ES ENGINEER DESIGN NO ROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA HE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH 660 S . FT. OR ABSORPTION BED 860 50. FT. N ADDITION , THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND UNDITIONS : HIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT AY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET ORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING AILURE TO MEET ANY TERM • OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL F'ROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE F'AF:TMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE =WAGE DISPOSAL SYSTEM. 05/22' /89 C � -i ce STAFF ENVIRONMENTAL �y SPECIALIST DATE -IIE PERMIT IS NOT TRANSFERABLE AND SHALL. BECOME VOID IF SYSTEM CONSTRUCTION HAS 1T COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF IIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- :ONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- .ETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. "Lt� �1 STEM INSTALLER FINAL INSF'E fN C `� TE (` STEM ENGINEER _- APPROVAL -- -Jr� PE OF SYSTEM INSTALLED ENVIRONMENTAL SPECIALIST E ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY LJCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT E SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND • CAL REGULATIONS ADOPTED PEF:SUANT TO ARTICLE 10, TITLE 25 , CRS 1973, AS AMENDED, CEF'T FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR SJANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2) , IGINAL-APPLICANT ; COPY-WCHD WCHD-EHS MAY , 1984 t . 4 ,b-. .. i _ 6 u, 5� t- [ p)+ W .. - `4�y'St } u'y- i II C <a It-xt� [J W lZTry", _ • • . • lS& ant' iE� m M ' Arty` • . _k t..'z-A-.' IN'Di Y .)'t.AL ....` :41ALsw D1.A.°J≥ 4L. ,1 t..: M L .u . . .i.'. ... -. .. :'"' WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ' ENVIRONMENTAL HEALTH SERVICE.`. 1516 HOSPITAL ROAD, GREELEY, CO 8063i 353-0635 EXT.2225 . NER NATIONAL HOG FARMS, INC. ADDRESS _5000 .', CR 69 R'H (303) X53—w9, . KERSEY . CO 80644 ODRESS OF PROPOSED SYSTEM 24585 WCR 69 KERSEY CO 30644 =GAL DESCRIPTION OF SITE : SE'S 34 T WT. 5 F.:r,(r, JBitIVIS ION: LOT 0 BLOCK 0 FILING 0 sE TYPE: RESIDENTIAL IAL EMPtQYE, HOUSE ,"r.a .f;VTCES: PERSONS • 4 BATHROOMS 2.00 LOT SIZE 18.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL :PLICATION FEE • 150.00 ;C' D BY . COFFEY, DIANNE SIGNED BY WILLIAM J. O ' HARE DATE 05/16/39 DATE 05/16/8? :RCOLA T ION RATE 5.0 MIN PER INCH. LIMITING ZONE 3 FEET +IL TYPE. SUITABLE • PERCENT GROUND SLOPE I DIRECTION :QUIRES ENGINEER DESIGN NO . 'OM THE APPLICATION INFORMATION .SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA - E FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH 660 SQ. FT. . OR ABSORPTION ION BED 360 .SQ. FT, ADDITION, DDITI:N, THI.: PERMIT IS ..,'Ji _+EC T TO THE FOLLOWING ADDITIONAL TERMS AND NDITIONS : IONS IS PERMIT IS GRANTED Tt M='O_+P AR:.M.Y TO ALLOW CONSTRUCTION TO COMMENCE, THIS PERMIT Y BE >~;E`VOr:L=:I) OR SUSPENDED B'! TIC WELD COUNTY .HEALTH DEPARTMENT FOR REASONS ONJ.n s " r.:TH Iii! THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING ILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON. DURING TEMPORARY OR FINAL F;Ua'AL. THE ISSUANCE nF THIS PERMIT DOES r'OT CONSTITUTE A SSUMF'T..C+N , :'l' THE DAP T MEN T OR T T S EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF •THF AGE DISPOSAL SYSTEM. 3ebbie �r X STAFF ,x,5/2_/99 t12, .p 3�-�4R ENVIRONMENTAL. SPECIALIST DATE~ +:S PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF :S PERMIT THE: te1_LD ;'OUNTY HEALTH DEPARTMENT RESERVES THE RIGHT t T IMPOSE E =.:.��I . r I '!~'. i1 F'L iNAL TERME AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING •lA- FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- :TED SYSTEM BY THE WELD COUNTY HEALT•, H. DEf'`!:FTMENT. // �j 'TEM INSTALLER Mi )( FINAL' 'r +• n (.N I .D; l�. f ., ..r."'FLIT i -��++ TAM .ENGINEER ___________g- -- ---- - A Fr.PCiti ,_'� ^ 'E OF SYSTEM INSTALLED �---- . ENVIRDNMEOTAL SPECIALIST ISSUANCE _ THIS PERMIT DOES NOT IMPLYCOMRLIANCE WITH OTHER STATE, COUNTY LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CER tr. `✓ THAT ...i1Pi•CT .. . .:i i WILL OPERATE E IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND REGULATIONS ADOPTED r' ^.�'.. .;17 s O ARTICLE t{:f TITLE 2 CRS 1973, AS AMENDED, _�•t.ly.rl .1.. .D rir JCL '* ;:SUh•lt i , ... FOP THE PURPOSE OF ESTABLISHING ABLI..`~. SING :NAL APPROVAL OF J INSTALLED SYSTEM FOR i i Nf".F: A '..C CAL L 3E CL'PNC F''E:; ..T PURSUANT TO CRS i977; _:57-i o-'E 1 `.::: .. --- m .._... . .. ' --.._•v._..ir _.:. _:7 _-_! ' 4AV .. ...:,,! ,3 �r * • � , . 1� _ i ?its .. 6 1 .5 a c y q . \ - -,. ;:':::Yrci.L4(z.:727•::.;;.". , : - 1 . - -„,.,-..-.. T.,.74,,,,-„i .. -,.- r. y a-,1 t w T to U. .r.- • c,kr,:7•.k.,..% YJJ —473 -'1,•••‘.,,,:+1•1.t.,,,,. O ate . — 1,...___-- v T SYSTEM `+I.,vr ,'�"�'14i.r'." %I 1 ..�1'r f!!'Is !SP106P INDIVIDUAL 2Ei A E DISPOSAL IIL. � 2 r, .: . WELD _'0UNT" :_E.if 2 'i... nEPARTMENT PERMIT ENVIRONMENTAL HEALTH E1:.•1;"'•' •♦. ! D HOSPITAL ROAD, CREEL _.0 .. ': 67 . i.1 _.% EXT -JL2 h. rM!' ADDRESS 25000. WC': 9 PH ( 0..'.j ;•57._99 I�iir=Ti NATIONAL HOG FARMS,, INC.1 �._.. _ CO DDRESE OF PROPOErD rYrTE•?'t '4'7.95 W;;F' r.cs 1i F ` >r CO 9@644 EGAL DESCRIPTION OFSITE : EC 34 TWP r- .•-'.N.G 63 uBDI .'',t r !�t'f : LOT l• BLOCK A =T: Tmr 1:.s I SE TYPE: r' ' [SIDF'N IA EMPLO'�EE HOUSE 04 L V T E PER SOS _;1� 4 BATHROOMS ..+:)0 tOT SIZE ACRESBASEMENT PLUMBING iMB:ING . WATER SUPPLY F W= L.BEDROOMS 4 PPLICATION 1 E . :13150.0 «, EC 'O Y RECEPTIONIST AID SIGNED BY DEBBY ,rl' NN",:.;T DATE 07/18/a9 DATE e7/1S/P9 i=RCOOL A !•IOW PATE 5.0 f`i:N PER INCH LIMITING ZONE 0 FEST OIL _„_.,E SUITABLE PERCENT GROUND SLOPE 0% DIRE?. TON E_CHIRE.i. ENGINEER DESIGN NO _ f ROM .E APPLICATION INFORMATION SUPPLIED AND THE r N.....SITF. :►:OJ:' .,__ LC ...!i t ...":in!+r DATA HE FOLLOWING•.iG MINIMUM INSTALLATION SPECIFICATION ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ADSORPTION TRENCH SG!, F T . OR AB OPTION ?ED 948 SQ PERMIT IS SUBJECTTO THE FOLLOWING AD {I T fNAL T W 'MS AND i+� ADDITION, THIS' ryr �. � TER ME ON! TTONS . __________________________._.____._ --_.--- ...._.......__.».__....___ ..__• 1_..._..--.....».__............_...._..--......-._.--.._.._... HIS PET- 477 I,7 GRANTED T .M R +• I TO ALLOW aoNSTp:r`,.: 1 I3N O r JM 4ENCE. THIS 1S PERMIT 4Y BE REVOVED OR SUST'ENDtD BY. THE WELD COUNTY HEALTH !t"_•?AR TM= IN. ! FOR •REASON�: SET ET _ O !TJ .� DI m _I.',1,f SYSTEM T:i_sS..i;...:-•IT 1.1..:'{.: INCLUDING ...-T. - :>t THE WELD 4 tfJ�, i �`��1�'.1�ti`1.G*l.J�l it SEWAGE '_;.�•!^. � .: � G' . MEET , •' TERM CONDITION _J IMPOSED THEREON DURING "EPyF•1sAR•' 1r' FINN .4 J.:_.C.i��'-- '-f '�r..L". . 1-i� ! ! �:?'•• 1 I.i�; .- I�s.lr i .L 1. � CONSTITUTE :', 1 I.- !_;::�:O t THE ...,. SUA CE OF 3:.. '•. P 1►T DOES NOT ASSUMPTION+.•i'' .c4Y�T?,r_ r.,. F1•'t...w 'LIABILITY 7.-MZ. .� S. FOR THE FAILURE o— INADEQUACY t_ THE:7.EARTME. 7 OR ITE EMPLOYEES OF A'`? ,..r~%, ✓ . X STAFF 07/3i/89 ) b -�4 C NV RONMEN 1 F1:_. .SEC. AL..`:.j !• DATE E � C-�s -i can /0-/7--ry ... 1. / MOT ANSFER PLE AND 'tAL.L. BECOME VOID IF SYSTEM CONSTRUCTION.RUCT ON "'w S .i ._ 2?4;�rr:!'N PERMIT : ...WITHIN ONE YEAR (_.V IT-. ISSUANCE. BEFORE ISSUING FINAL ''�~'e'�i•++.: IL Oi- _T Rm: THE WELD COUNTY _IE:F�1^—'k DEPARTMENT P •"!VG'S THE RIGHT O IMPOSE 4L..'.}.. T:.: -..r.iM ':,+,�? CONDITIONS S REQUIRED 1 O ''ii:' OUR REGULATIONS IONS ON A • rl.''`I •:..."'rtF.]l.N:.r BA— I.17. ...'^_�!!... TER ME } <l..l I i -: .. THE 1 7 �f':[•"+'�'�' !�� rl L:' THE f`_:tit_. t •AI PERMIT APPROVAL I S CONTINGENT UPON F -".1}`•I IN::« ..O• �_ 1 _ETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. • _Y..4 e- \ t•?P'L. 1 N t r T yt�(�'1!frI9 S/r//�,T) IT4. !*.SC._.—._7'1,77. INSTALLER!STEM '+f\�'.J.SYSTEM .._... -•(}-��•-- ._ i' t .. t I I AL �F . .:LAL•: �r r ht I�1 "' ' =i} {1rFr:..+f.. E Al,,.;..:C)h• E�+T v NOT T .,' �..•lM,•,:.: •;• >.il_+C WITH OTHER STATE, COUNTY _ TT. TS •,—_RMTT O,DE � MFt c3=I.. _.,.:i.•:.,E WI , J L. r +•+,. .,s i:��.ry!•_ �.J F 1 � :.... ! 1 ! . e._ .. , _ ,.•. .Y'1• + THAT _ OR BUILDING REQUIREMENTS, SHALL•._.._ .. C 1..'»!L.'I:..' REGULATORY�_`•h.+7 w• tr , F' :\�. C'= i APPLICABLE STATE, COUNTY AND :.1 fE 1 SYSTEM W OPERATE IlTN TN.- COMPLIANCE WIT ._ _ —.A r;n :O« ':�`•f.�� .r. . .. rr.:'' f-it+�- k_r.�:r..•T__j L:L'�•.0'_!i_IN�l 77J R .L.._.._. + TITLE. LE , C w, .i C'..,•.—• D ....I•:1•_. v ;y Y.,t. .., �u «.it _ �•t 1 .7- ._ _._ .. ._.. _.t :i.. 1_ _ 7- ! r .f 7.;.,r • _!.,j;\• .1:" x O�A .!:_ N . F1E_ ly_ ', , M FO' . .-• .. D7 ,.-:.!... ... • _...;P rt O U R f;,}: t'+J T _ 197-3 :T-' 0- 4 ..... .. r y 3 .-a .--::::-,•-",, rx,. r a fin) ss 1 IJ,7 I/r rr� V'J✓F J a W ems . • n aCk �' ^' T Y a' C{ L Vie �' k• J 9PiQ (l a'4 v- j 17 -rte0.�� e, . r u -may" ( 1t. ,�y e. sow/ s' 43Y _ SF ,- ?Tel i S rr''. c - .� o` er ..,I /R . of..6.4„ V s{{,{)Lt lids Len& •.c-,ti �-t1-G� a . C.LAm .J`t inn O I L1 �a C. , if rtAkr�,. 4k (� D� fix.,• - C,;n1ruc o-., Ctut'"-i .rte t 11:_'• i'1 COUNTY HEALTH DE:'Ar,••i ME; ; NE:Ai M: . 15i6 H0`... .. fir"+.1_ :4. AT) r EELE • CO 00631 . 357-06-25 r.«.y.T ,2225 WNE1". 1 AT KIN. L HOG FARMS, INC . ADDRESS 2r0`Q" WCFti 69 PH ‘7,03 7.57z--1 ?. K Fr'r'rE CO R0G)44 MI)RF. .. OF PROPOSED .7Y: i- _H 24:"'x3 WCR 6O KEREF.r CO S0644 1-GAL DESCRIPTIDN 7 3.. 34 TWP f- 1-' ..7 P O t' '' FILING VET. TYPE : i t'' ?JTTAL_ :MP!L(-NYEE HOUSF nr :RV I)CES: F'L, . N 4 BATHROOMS 2..0'•) ' OT SIZE 10.20 ACRES sE!}RO tt..*"! 4 BASEMENT P:... !MB:I.''zGr YES v1i,4.•T' P EUPPY !:.+WE! r . :PLICATION FEE n • :C ' ) 3" RECEPTIONIST IONI✓T AID SIGNED BY DEBBY VAN,t'Fi 1 DATE 4Y7/ 3/99 DATE 07/18/99 :R!: _L TI;r„1 RATE " ,`} MIN PER INCH LTMITINI ZONE 5 FEET . UL TYPE EUI.TAP;_.E i='FRCENT GROUND w _�1Fr: 0% DIRECTION: ?iUIRE: EN G I N EE R DESIGN NO :OM THE. APPLICATION INFORMATION SUPPLIED AND THE ON—SITE SOIL. •'FRC:�:L :CN DATA ,, FOLLOWING MINIMUM I)-.!,. T4LLATION SPECIFICATIONS.CN.. ARE REOUPED: TANK 1250 GALLONS, ABSORPTION TRENCH' . EQ. FT, .. ,R 'r.oRF ..1_tN .'.:{y::.* 948 ,i:t•x FT, .-c- - THIS T — 1. 1»•�• TO _',E FOLLOWING N ADDITIONAL — TERMS Y1 .._.DI .. -�;vf THI,r PERMIT Js.!:: _ECT lt:«...J.�1.1. _. r•.�,.. ... •I.1NAL J ANT) N I IONS • _ _..___t_. __ ..—_.__w.._— • IS PERMIT IS ;RANTE r f yNF•+,�'�^.'!RI...Y TO AL:OW CON7TRUCTION . r' COMM:•.NCE. THIS PERMIT V _ti^ REVOKED; f ".f.. WELD 1: a D F f _ "'L.V11;_.J ref`. SUSPENDED T•c;' . ,!r i,l�.._ COUNTY o HEALTH r1 a.E:'��r:�t"`Er . FOR REASONS SET .. ,:i::....J COUNTY .. ':i 1 - ..f,..r.•-. DISPOSAL '-w REGULATIONS ON ..t•Irr' 'Jr ...�'r :.a THE r,`••- ' �;.) .r'1 t:.t L•.t...�l I'4 L. ..«.l: 9 .:i... �.s.... J.'..»T'. ,..•I�.. .. 1 ''��; ,. ...i .» .. ...,.....r.I `.1RE TO MEET ANY TERM O?"w! CONDITION IMPOEEDTHEREON DiIRINGEM 'OR,'- i — FINAL ROV A'i�_•. . " W-- v2Lr�.'NCE OF ;--iI :-.ERM i.' D 1 ..:i NOT CO TIT1'T: ASSUMPTION — .r PA".TMEN r -OR :TS EMPLOYEES ')r _LIABILITY o THE ....r Jr. f v� rsf 'r ?.j.{'_ r. .C.•+ :[�_.I.TY 't`WF�' r ,I!_ r,E: cm INADEQUACY '>« . ',AGE _ -'nowt iL_ SY, _ L /0. &—*1a ��,cn4 X STAFF 07/7i/39 t �� ,i ENvIR:ONM TAL SPECIALIST DATE PERMIT I - NOT __ :'3'' !. f� rs H ht •BEC VOID 7F. £'Yt.,._»M t•;ONSTRUCTIO.d PAS _.«. "'� ,.... f ..... 'tl_ • J !"�F�`.!'!�,., .. •,i._ .... AND ... P� «. F.' .,..�./!'I,w. f . ... ... 1 .:r.H w 1....: . ..vt: )-.1^i�� f»`C'},{}ti:Ei''t L:ED ..TiJ..,ie ONE YEAR OF ITS.r ISSUANCE , BEFORE ISSUING FINAL APPROVAL OF ES PERMIT.iT T:'*. L'1[I ) COUNTY HEALTH •&,PT-m F'.JT R FR c- ' H.r-., r 0 IMP SE ! 1 .:.'.. f r i C'.•'�t:. '�f'1 z.'i:.1 _ �:'w e:. 'd'_ � f f",...s .. _ !.4c T E11ME AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A w.ONTIl�i INC "? — ; . FT`,'�IL �•t.RMIT APPROVAL I,. CONTINGENT UPONTHE FINAL INSPECTION 4. C THE .•L:M`_ : EE SYSTEM i EM BY • HE WELD COUNTY HEALTH DEPARTMENT. /L(J/ —•'d INSTALLER _ ._._..__.. _. « _. _FINAL .i if''�s•i t7 t`; A.at i., .-� ».._ • E OF .:.'f TE`+^ ..N.r:TALL....I) � 4_ -_•_ ENVIRONMENTAL ... ~_..Ur•t _:...:-, . S:.iUAN 'E ' f �"_, I PERMIT DOE.. M31 IMP I '.LOM!••'LI1")NCE WITH OTHER STATE,A ) E, COUNTY L...„;A Rr'G U:._AlTtr.!!":Y CF' :i'4:..LDING F:wQU7RE"i"+r'C TW, NOR ..'4V_L. pii;.w »j._1 CERTIFY IFY THAT s� _ C' i _ 4 I- r, -�;;i•�1 STATE, COUNTY _��•.)� r.F:'_;F . ,may." WILL ;;r F- PA ; ._ IN CO F'._...,•�I�:k_ - ,+....T!'1 A . ._... _ ._)w. .. , `lTE, }! D —P?' = - :fr- 7. L: 17::: '-'7-- r. -'L?f "i ,Nrc FINAL •.P •,PO AL OF N INSTILLFD ;YETFM F5R 07 :_.7 :. _.._...,... NCY PEPMIT 7'.JR,TiTti ti) .. '- } rr I` Y Y 1 Y+1f,;,- Y e i 4- 1 ''''*''C' u4 . S FtT S } .[yt�` •".. (tea' L 2NAtrnsdl ��7 Y> 11. _ - it-JD- yl ✓61 awegamic y l t'161t L 0-1 1 I - -2-, \• fi f 6 Y WELD COUNTY HEALTH DEPARTMENT NEW PERMIT NVI ONIMGENTAf. HEALTH SERVICES 1 .516 HOSPITAL ROAD, GREELEY, CO 20631 35S-0635 EXT.......-5 JNER NATIONAL HOG FARMS, INC. ADDRESS 25000 WCR 69 PH (7;03 ) 353-99r KERSEY • CO 80164? ,DRESS OF PROPOSED SYSTEM 24591 WCR •69 4 KERSEY CO 30644 DESCRIPTION OF SITE SEC 34 TWF' 5 F:NG 63 J ;I��'ISION : 0 :GAL I LOT • 0 BLOCK 0 FILING ^, 'E TYPE • RESIDENTIAL EMPLOYEE HOUSE 46 RVICES : PERSONS 4 BATHROOMS 2.00 LOT SIZE 19. 20 ACRES BEDROOMS t BASEMENT PLUMBING YES WATER SUPPLY PWELL . PLICATION ION FEE $150.00 C ' D BY RECEPTIONIST AID SIGNED BY DEBBY VANNEST DATE 07/19/99 DATE 07/18/89 RCOLATION RATE 5.0 MIN PER INCH LIMITING ZONE 4 FEET I' TYPE PE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION QUIRES ENGINEER DESIGN NO OM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE. SOIL PERCOLATION DATA E FOLLOWING MINIMUM INSTALLATION ALLATION. SPECIFICATIONS ARE: REQUIRED : SEPTIC TANK' 1290 GALLONS, ABSORPTION TRENCH SQ. FT. OR ABSORPTION BED 948 SQ. FT. ADDITION, THIS' PERMIT IS SUBJECT TO THE F=OLLOWING ADDITIONAL TERMS AND '`!D I TI ON.. :IS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT f BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET TAI IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUD:NG CL URE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL ='RC1VAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE ARTMEN i' OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE JAGE DISPOSAL SYSTEM . „� X STAFF �7;.,,1 /89 C. 1OtrYlf ii - J,y_�gi - ;' ENVIRONMENTAL SPECIALIST DrTF_ ~ PERMIT NOT TRANSFERABLE AND SHALL BECOME VOIDIF SYSTEM CONSTRUCTION HAS ' COMMENCED��WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE .ISSUING FINAL APPROVAL OF PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI•- iNAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING I-:A- FINW PL•r,,M I.T sPrG'tc%',-L If CONTINGENT INGER T UPON THE FINAL INSPECTION OF THE COM -ED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. I NSF;fT [ � 4" �) ,T T E M INSTALLER rate'__ FINAL L ,�J _ _ __ APPROVAL t & •• T�.^i ENGINEER W i ' ENVIRONMENTAL r'E ..�+ IST E OF ..Y STEM INS i ALLE!.% _ ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY Y THAT SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND AL REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE 25, CRS 1977, AS AMENDED, E� FOR , PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOE;. � i7 FOR THE r'i..F. �.t _ ' �� AN LOCAL OCCUPANCYE • IT PURr UANT TO CRS 1973 (2)• Lr-�i.CE OF A ._ _i+�. PERMIT .ANAL'-APF'__ICANT COPY_WCHD WCHD-EHE MAY, 1994 y � r V 4 � J y • • • • �l p`r N 'f'`lbr. s ; • -, £'h- Yn • •r Vii) • i • • • itgq • • • • nG C^ • q • • 1 NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY,, CO 80631 753-0635 EXT. 2227 NER NATIONAL HOG FARM, INC. ADDRESS 25000 WCR 69 PH (303) 353_996 KERSEY - CO 80644 DRESS OF PROPOSED SYSTEM 24601 WCR 69 KERSEY CO 80644 GAL DESCRIPTION OF SITE: SEC 34 TWF' 5 RNG 63 BDIVISION: LOT 0 BLOCK 0 FILING 0 E TYPE : RESIDENTIAL EMPLOYEE HOUSE *7 RVICES : PERSONS 4 BATHROOMS 2.00 LOT SIZE 18.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY 'r'WELL -'LI1,ATION FEE $150.00 : 'D BY RECEPTIONIST AID SIGNED BY DEBBY VANNEST DATE 07/18/8? DATE 07/18/89 +COLATION RATE 5. 0 MIN PER INCH LIMITING ZONE 0 FEET :L TYPE SUITABLE PERCENT GROUND SLOPE 0/. DIRECTION LIIRES ENGINEER DESIGN NO iM THE APPLICATION INFORMATION SUPPLIED AND.. THE ON-SITE SOIL PERCOLATION DATA : FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ. F T. -OR ABSORPTION BED 948 SQ. FT. ADDITION; THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND DITIONS : S PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SFT TH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING _URE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL :OVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE yF:TMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE ,GE DISPOSAL SYSTEM. - 1c 4%w.I�' ti-}:r i �L X STAFF 07/31 /89 CTAp ) ENVIRONMENTAL SPECIALIST DATE PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI— !AL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING PA— FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM— ED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. I{' EM INSTALLER Lr) FINAL INS IOfia I:{ £M ENGINEER ji APPROVAL � i9i � � OF SYSTEM INSTALLED I: ENVIRONMENTAL SPECIFY:[ST ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY OCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH AP'P'LICABLE STATE, COUNTY AND _ REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, ='T FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR ^INCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-iii (2) . :NAL-APPLICANT ; COPY-WCHD WCHD-EHS MAY, 1984 •'• —•.rx +ian'k(9`�SG•..._... �...:L . .R'J'-...' :f.'-.J :_a:.' e.':r.. .:€,�G a.' ' a�•.lir iRl:. 'iAaii :Ls�. _t' 'k.'w rt -.. Y .W,-.1.. .t--.• t. �' ( " 1.�. iL Act's.- t :. -c--04:41- . 6k .• i6 . . WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 15/ 6 HOSPITAL ROAD, GREELEY, CO 80631 353-0635 EXT.2225 iJNER NATIONAL HOG FARMS, INC. ADDRESS 25000 WCR 69 PH (303) 353-99( _ KERSEY CO 80644 ODRESS OF PROPOSED SYSTEM 24599 WCR 69 KERSEY CO 80644 :GAL DESCRIPTION OF SITE : SEC 34 TWF 5 RNG 63 JBDIVISION : LOT 0 BLOCK 0 FILING 0 SE TYPE: RESIDENTIAL EMPLOYEE HOUSE 08 :RVICES : PERSONS 4 BATHROOMS 2.00 LOT SIZE 18.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL :'PLICATION FEE $150.00 :C'D BY RECEPTIONIST AID SIGNED BY DEBBY VANNEST DATE 07/18/89 • DATE 07/18/89 :RCOLATION RATE 5.0 MIN PER INCH LIMITING ZONE 5 FEET i_IL TYPE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION :QUIRES ENGINEER DESIGN NO 'OM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA !E FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ_. FT. OR ABSORPTION BED 948 SQ. F T. ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND NDITIONS : IS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT Y PE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET RTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING ILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL FROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE ='ARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE ;JAGS DISPOSAL SYSTEM. •i-o U s c_ • X STAFF • 07/31 /89 c`N.p ) ENVIRONMENTAL SPECIALIST DATE IS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS r COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF S PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE A,DDI- )NAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS O'i4F A CONTINUING PA- , . FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM-- :TED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. 11/_ 'TEM INSTALLER 2JO - ' -- FINAL INS f r_ %�___ 'TEN ENGINEER —� � APPROVAL • i ='`•�11d�-� L� . 'E OF SYSTEM INSTALLEDZ(_L--_ ENVIRONMENTAL SSPECIt J.IIS T ISSUANCE OF THIS PERMIT DOES NOT IMPLY- COMPLIANCE WITH OTHER STATE, COUNTY LOCAL REGULATORY OR BUILDING REQUIREMENtS, NOR SHALL IT ACT TO CERTIFY THAT SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND AL REGULATIONS ADOPTED F'ER'SUANT TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, EPT FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF A?`; INSTALLED SYSTEM FOR UANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2) . L—iPh L•—APPLICANT; COPY—WCHD WCHD—EHS MAY . i f=sA ,t a. r� it t,. •-y.1�,k - . _ ir' K y W 5 A 4.jy Y, 1 - \ _ , •''� _, Y iCCoo , WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1517 16TH AVENUE COURT , GREELEY, CO 80631 353-0635 EXT.2225 iNER NATIONAL HOG FARMS, INC. ADDRESS 25000 WCR 69 F'H (303) 353-996 KERSEY CO 80644 'DRESS OF PROPOSED SYSTEM 24597 WCR 69 KERSEY CO 80644 'GAL DESCRIPTION OF SITE : SEC 34 TWP 5 RNG 63 :BDIVISION : LOT 0 BLOCK 0 FILING 0 'E TYPE : RESIDENTIAL EMPLOYEE HOUSE: d:9 RVICES : PERSONS 4 BATHROOMS 2.00 LOT SIZE 18.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL PLICATION FEE $150.00 C'D. -BY-• RECEPTIONIST AID SIGNED BY DEBBY VANNEST DATE 07/18/89 DATE 07/18/89 RCOLATION RATE 5.0 MIN PER INCH LIMITING ZONE 8 FEET IL TYPE SUITABLE PERCENT GROUND SLOPE i% DIRECTION S QUIRES ENGINEER DESIGN NO OM THE APPLICATION . INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA E FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ. FT. OR ABSORPTION BED 948 SQ. FT. ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND NDITIONS : IS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT Y BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET PITH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING ILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL PROVAL. THE ISSUANCE. OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE ARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE ,JAGE DISPOSAL SYSTEM. • X STAFF • 08/10/89 -L: Uc�tiv.s: b ENVIRONMENTAL SPECIALIST DATE IS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS r COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF IS PERMIT THE WELD COUNTY HEALTH• DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- JNAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- 7. FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- :TED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. • 'T EM INSTALLER bi0i19-SC, c°P FINAL IN.RECTION ATE ��4=•_-- >TEM ENGINEER ~� ... APPROVAL IDD&>Y,111._-11 E OF SYSTEM INSTALLED ENVIRONMENTAL�ECIALIS"I ISSUANCE OF THIS PERMIT DOES NOT IMPLY, COMPLIANCE WITH OTHER STATE, COUNTY LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT : SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND :AL REGULATIONS ADOPTED FERSUANT TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, ,'EF'T FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR ►DANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 -10-iii (2) . r;Kt Al rr.trT . rnpv-u ran WCHD-EHS MAY . 1984 x �1ri • • �s� 42 • • • • • 3 3-b • • • • • .1„.64 I • • • • • • • • 2e L i _�'�r-JL . x.'.L.:I' U..;riL I :.rP .'t.t':!'LL I hI,`,t« C-•_�7''_24- WELD COUNTY HEALTH l i DEFT^tRRTMENT NEW PERMIT ENVIRONMENTAL AL HEALTH H SERVICES • 1517 16TH AVENUE COURT, GREELEY , CO 8063i �Y9+••:7. ''. 353-0635 EXT.2C25 E „ �tTIO�[AL HOG• FARMS, INC. ADDRESS 25000 WCR 69 F'H (303) 353-9 KEF:SE Y CO 30644 DDR.ESS. OF PROPOSED SYSTEM 24603 WCR 60 KERSEY CO 80644 GL DESCRIPTION OF SITE : SEC 34 TWP 5 RNG 63 :ti'uD+=7'V'ISION-: LOT 0 BLOCK 0 FILING 0 JS .T Y.PE: RESIDENTIAL EMPLOYEE. HOUSE w1.2. 'EF4V'ICES : PERSONS 4 BATE-(ROOMS 2-00 LOT SIZE 18.2a ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL 1PPLI.CATION FEE 1,450.00 EC 'D BY .. COFFEY, DIANNE- SIGNED BY ROGER AMUNDSON DATE 10/-12/89 DATE 10/12/89 ERCULATION RATE 45.0 MIN PER INCH LIMITING ZONE 0 FEET OIL TYPE SUITABLE PERCENT GROUND SLOPE 3% DIRECTION Eu'UIRES ENGINEER DESIGN NO ROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA HE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ. F T. OR ABSORPTION BED 1 040 SQ. F T . d ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND 0NDITIONS: -- -- -fIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT VI' BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET )RTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING ;(LURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL 'rROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE :PARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE :WAGE DISPOSAL SYSTEM. X STAFF • 40/48/89 L 1\45 b me, ) _9_i0 ac ENVIRONMENTAL SPECIALIST DATE II S:-PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM 'CONSTRUCTION CONSTRUCTION HAS T COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF IS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- ONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- FINAL PERMIT APPROVAL IS CONTINGENT UPON-THE FINAL INSPECTION OF THE COM- ETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. STEM INSTALLER Q )'4 __--____. FINAL IN T'ECCTTON _ fm9v, <L��`�� STEM ENGINEER -r AP'P'ROVAL WV- PE OF SYSTEM INSTALLED Ekeri—__ ENVIRONMENTAL S IALIST ISSUANCE OF THIS PERMIT DOES NOT IMPLY-,COMPLIANCE WITH OTHER STATE, COUNTY LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT SUBJECT SYSTEM WILL OPERATE IN. COMPLIANCE WITH APPLICABLE STATE, COUNTY AND 'AL REGULATIONS. ADOPTED PERSUANT TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, :EPT FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR LIANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS .1973 25-10—iii (2) . •r_TMAI rr.AIT. rnpv_Mrun Idr.Hn--EHE MAY . 1984 t''' { diFr GZ � r". t . n - tz-:4 • • 1 -� 1 1 2.tz � • / I$•:vjv,.Uuwi_ SEWAGE DISPOSAL SYSTEM PERMIT NO. G-69024 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1517 16TH AVENUE COURT, GREELEY, CO 80631 353-0635 EXT.2225 1+`WNER NATIONAL HOG FARMS, INC. ADDRESS 25000 WCR 69 • KERSEY PH (303) 353-95 1DDRESS OF PROPOSED SYSTEM 24605 WCR 69 CO 80644 KERSEY CO 80644 .EGAL DESCRIPTION OF SITE : SEC 34 TWP 5 RNG 63 UBDIVISION : LOT 0 BLOCK 0 SE TYPE : RESIDENTIAL EMPLOYEE HOUSE 4-11 FILING 0 ERVICES: PERSONS 4 BATHROOMS 2.00 LOT SIZE 19.20 ACRES BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL IPPLICATION FEE 4150.00 ZED' D BY COFFEY, DIANNE SIGNED BY ROGER AMUNDSON DATE 10/12/89 DATE 10/12/89 ERCOLATION RATE 5.0 MIN PER INCH LIMITING ZONE 0 FEET OIL TYPE SUITABLE PERCENT GROUND SLOPE OX DIRECTION EQUIRES ENGINEER DESIGN NO ROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA HE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ. FT. OR N BED 948 SQ. FT. I ADDITION, THIS PERMIT IS SUBJECT TOA THE RFOLLOWING ADDITIONAL TERMS AND INDITIONS : IS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT V BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET RTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING ILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL PROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE ='ARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE 4AGE DISPOSAL SYSTEM. - rL 1O 0 COMp0. )7_1,,c �c ENVIRONMENTAL SPECIALIST 1 /17/99 DATE :-S PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF S PERMIT THE WELD COUNTY HEALTH -DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- NAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- TED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. TEM INSTALLER 1)4) ‘t >C. FINAL INS 'ECTI: N DpT �k1� TEM ENGINEER �y �_(1 KS 44: t OF SYSTEM INSTALLED AP'P'ROVAL Y1V1 `ENVIRONMENTAL SP IALTST ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY .00AL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE S L REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE 25, CRS T197' COUNTY NDD 73, AS PT FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEMIJFOR ANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-.10-111 (2) . iNAl.-APPi. TrAMT . i nr_,.•....i.'run. • • g3 f5Zk� o duct at • • i» rvvxll-1 1 /1H AVENUE ' GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit#: SP-9900579 Sec/Twn/Rng: Status: nA-T4. Owner: NATIONAL HOG FARM INC Applied: 11/15/1999 Applicant: ROBS REPAIR Issued:Permit Type: RREP C-Commercial,R—Residential+NEW,REPair,VauLT Finaled: /c,27/70//71?Parcel#: ?? Location: 24589 WCR 69 KERSEY 34 05 63 Legal Description: Installer: • Description: HOUSE Commercial: N Residential:Y Acres: 1 #of Persons: 4 Basement Plumbing: N # of Bedrooms: 3 Bathrooms - Full: 1 3/4: 1 1/2: 0 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit#: Percolation Rate:0.6 Limiting Zone: 0 ft 0 in Description GRAVEL % Ground Slope: 0 Dir: Soil Suitable: (Y/N) N • Engineer Design Required: (Y/N) Y In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1250 gallons Absorption Trench: 0 square feet or Absorption Bed: 1830 square feet Actual Installation Septic Tank: 1 zso gallons Absorption Trench: square feet Absorption Bed: I er4 a square feet Design Type: c-,„4 . NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10,Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. /z /vr2 En ironme taH i Health Specialist Date Form:S_FINAL :. • \ . . • / n Z GK�?z CAC � Id its I 6 F • S�a7 b� �%G xL I • Z GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: SP-0100196 Sec/Twn/Rng: 34 05 63 Status: BOH-HOLD Owner: NATIONAL HOG FARMS Applied: 04/26/2001 Applicant: VANNEST GERALD Issued: Permit Type: RNEW C.-Commercial,R=Residential+NEW,REPair,VauLT Finaled: Parcel #: 0965-34-0-00-029 Location: 24593 CR 69 34 05 63 Legal Description: (,/15f52-B,�E4/E2NW4 34 5 63 (2D2R) 24335 69 CR WELD Installer (,1 i Description: HOUSE Commercial: N Residential:Y Acres: 0.5 #of Persons: 4 Basement Plumbing: Y # of Bedrooms: 3 Bathrooms - Full: 1 3/4: 1 1/2: 0 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit#: Percolation Rate: 5 Limiting Zone: 0 ft 0 in Description SAND/GRAVEL % Ground Slope: 0 Dir: Soil Suitable: (Y/N) N Engineer Design Required: (Y/N) Y In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1000 gallons Absorption Trench: 0 square feet or Absorption Bed: 1373 square feet Actual Installation Septic Tank: /coo gallons Absorption Trench: square feet Absorption Bed: 13 33 square feet Design Type: G.r'1-. NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10,Title 25,CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This nermit is not transferable The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. SfS Environ ental Health Specialist Date Form:S_FWAL V are` 1. Z -55 i I iI i I 1 i vI I 1 �� II 1 ,l _ ,- s. 2—`43 j10 I V I \\ u i rI D '. Ir ! 1 , ��f.r�^ i i IJ/ i ill 0 ; I s --, i I \1 / Gf i! "k J•,�` t- -V)( kg J K 1. . y 1)» 1\vtcln 1 /11-1 /4.VL1\Ur, GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: SP-9900567 Sec/Twn/Rng: 22 05 63 Status: BOH-HOLD Owner: NATIONAL HOG FARMS INC Applied: 11/08/1999 Applicant: VANS SERVICES Issued: Permit Type: CNEW C=Commercial,R=Residential+NEW,REPair,VauLT Finaled: Parcel #: ?? Location: 25000 WCR 69 KERSEY 22-5-63 Legal Description: 7503 ALL 22 5 63 Installer: Description: OFFICE Commercial: •Y Residential: N Acres: 1 #of Persons: 11 Basement Plumbing: N # of Bedrooms: 0 Bathrooms - Full: 0 3/4: 4 1/2: 1 Water Public: Water Source: Water Private: Y Cistern: N Well: Y Well Permit#: Percolation Rate: 5 Limiting Zone: 8 ft 0 in Description FINE SOIL % Ground Slope: 0 Dir: Soil Suitable: (Y/N) N Engineer Design Required: (Y/N) Y In 100 Year Flood Plain: (Y/N) N Minimum Installation Septic Tank: 1000 gallons Absorption Trench: 0 square feet • or Absorption Bed: 1603 square feet Actual Installation Septic Tank: IGCG gallons Absorption Trench: square feet Absorption Bed: /l-2'Z square feet Design Type: Carl. NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements,nor shall it act to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Article 10,Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. D0 X 1Z- A9 Enlvironni4ntal Health Specialist Date Form:S_FINAL 1 NOTE INSTALL MN. S2 H-10 STANDARD • INFILIRATCR UNITS IN ACCORDANCE TO MANUFAC1URER RECOMMENDATIONS. n� Distribution .-------- Boa h �� 1-. rr 1000 Dean i7'{ A, Septic Tank 5' Ia1 62.25' MIN I 3.1 PLAN . ,-, . ,-1 , NTS -1 1 1-7 1 1- ? !1-111-111= Fnlebed Crane —7 1 I-1 11_ 1 � r I1111111�1717= çRMg, 12" max hod= -17 r :' er opening alt ,r r 1_ Of manholes Inlet Plastic amine 'I' —_ 1 �—or&Ms m of Vent Invert r ilizirs fS�i1T i. 1(F17ITf'.rriT rrti rl , UT a o I ems.. Water Lewd t ' ' Outlet N 0,.. a. , Etr Jl r i-_Z_ Goa 1 eCM con d a O^ Sludge 7 Sludgelal 7 �, •'mss- ��.,� SEPTIC TANK L1MITIN ZONE A—A' Nrs NTS 99222SEP SEPTIC SYSTEM NATIONAL HOG FARMS UNIT 8 HARDEN, COLORADO DATE: 11 /16/99 SCALE: © Total Engineering Service, Inc. PROD. NO: 99-222 NT[AL S N NN NN t NN,._j © 3310 STATE STREET - EVANS, COLORADO 80620 DRAWN BY: T.M.C. SHEET 1 (970) 339-5215 CHECKED BY: T.M.C. OF 1 - - INDIVIDUAL EWAGE DISPOSAL SYSTEM PER. T N.- - - WELD COUNTY HEAL_ "H DEPARTMENT ;.'EW 7_EF'MT7 ENVIRONMENTAL. HEALTH SERVICES 15i6;:, HOSPITAL ROAD, CF FEEL E.Y, CO 80631 353-0635 EXT.2«5 ER. NATIONAL HOG FARMS , INC. ADDRESS 25100 WCR 69 PH _99:• _ KERSEY CO Cr_i6 4 RE:.:>.s OF PROPOSED SYSTEM Eft 246'' t WCR 6 KERSEY CO A0644 AL DESCRIPTION OF SITE : EEC 34 TWF' S RNG 63 DIVISION : LOT 0BLOCK 0 FIL.::W", D TYPE : RESIDENTIAL EMPLOYEE HOUSE -010- . i /ICES: PERSONS 4 BATHROOMS 2.00 LOT SIZE i8.20 ACRES `l BEDROOMS 4 BASEMENT PLUMBING YES WATER SUPPLY PWELL .I Ci': i IO;x FEE Y1 50. 0 ' D BY COFFEY, DIANNE SIGNED BY ROGER AMUNDSON DATE i0/12/89 DATE 10/i2/89 OLATION RATE 5.0 MIN PERLIMITING INCH ZONE 0 FEET TYPE SUITABLE 7�/}PERCENT GROUND SLOPE '0% DIRECTION LIRE ENGINEER DESIGN NO • THE APPLICATION INFORMATION SUPPLIED AND THE PERCOLATION �t 'L. Dl i ON—SITE I E :TOIL FOLLOWING MINIMUM INSTALLATION ION SPECIFICATIONS REQUIRED! L I;=,` , _ ARE SEPTIC v TANK 1 250 GALLONS, ABSORPTION TRENCH H =Q. F T. OR ABSORPTION BED 948 SQ~ FT. • THIS TIDN, PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND I T I ION . ;MITGRw Y ALLOW �;+TRI C Ol COMMENCE. I •� PERMIT IS �:;:,t�!TE•I1 TEMPORARILY I TO ,.., �,f'!W r'r�tc.; r ► Tt��•; TO C:_Pii"iEi�l .,''. T!-•t.�.' ;�°=:F'?�i...7 !DE tREVi?!,'ED OR SUSPENDED BY THE WELD COUNTY HEALTr DEPARTMENT FO F ^ . �N Ti;E' WCLD COUNTY INDIVIDUAL SEWAGE DISPOSAL •_ ..•-- • F:E(•i.iL.MT.iC��.w... INC; '��• .;,. Jr:i:_ TO MF i ANY Ti•_":iOR CCj\,rlT•" i T'1 'OSEP EON DURING r -- T i-i E I^.��t ..r I'ti-7 i i, i O E-;wl,"-.Y _i i': ;- .i `��:`_ 't/AL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION T; ENT OR IT.r EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY YE DISPOSAL SYSTEM. t`crv�p .1 ENVIRONMENTAL AL SPECIALIST DATE PERMIT IS NOT TRANSFERABLE AND SHALL BECOME .VOID IF SYSTEM EM CCN: r RLIC (ION1 HAS OMMENCED WITHIN HIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL n�: PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADD . L TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING INLUING "BA.- FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE CrOM— D SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. . t INSTALLER u?- FINAL WEEP :TN i�tAT . >�t 1 __ _ A F'F'E:C�'A L� �uI,,O�,t {-t,-' 1' ��`ai�r , CIF SYSTEM INSTALL ED bel F.NVlr":OLdt4r_NTML. ::F'E;71AL.I.2T ?:"'UANCE OF THIS PERMIT DICES' NOT IMF•LY' COMPL IAN+CE WITH OTHE TA, ECOUNTY 2AL REGULATORY OR BUILDING'REQ!UI REQUIREMENTS, NOR .:HALL IT C TO T , Y:� '� r•, t: t � ACT 1 O` :..>;F':T:ir- ;� THAT J ._..• < I`�747M J:L_ OPERATE ..N COMPLIANCE WITH APPLICABLE :TAT1= CnUN T Y AND tsIL?TII.�NS ADOPTED E'ER _;AN�• TO ARTICLE 10, -I T LE 25, CRS A5 s`. .. OF; THE P , •n,,7E OF ESTABLISHING ABLI«:H'ING FINAL -'RO '�A OFINSTALLED APPROVAL r-tt_ AN .:�!... I ALf_Er� ., -,w ..... . L CAL JC._.. PERMIT _ _ 2:7-1 .:;1—iii r wTi. FOR ;..._ z:. rl• i ��I I I;}�7 ni t'•�! �:t��.�c•�"(' PURSUANT.1 l�!=•I I�t t :�' _P�.� �; r� �7 (7 ) _ ... .1_.. .7 1... it. _..• ......r b - -"�_ _y7, } '1.1.:},-,1. �r Vii H • i7j. t''lMh a t 47� "�k [ JJ '''..,;',:".t k: •Xw '_ _ y 4w.;` : '4 xy . t ₹es s IC il �-----7.- ` 5 IiI JJ • O2 r ! • i r— NU. G-89023 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES - 1517 16TH AVENUE COURT, GREELEY, CO 80631 353-0635 EXT . 2225 4ER NATIONAL HOG FARMS , INC. ADDRESS 25000 WCR 69 PH (303) 353-996+ KERSEY CO 80644 )RESS OF PROPOSED SYSTEM 24605 WCR 69 KERSEY CO 80644 AL DESCRIPTION OF SITE : SEC 34 TWP 5 RNG 63 DIVISION : LOT 0 BLOCK 0 FILING 0 TYPE : RESIDENTIAL EMPLOYEE HOUSE #11 VICES : PERSONS 4 BATHROOMS 2.00 LOT SIZE 18 .20 ACRES BEDROOMS 4 BASEMENT PLUMB,NG `iES ‘ TER SUPPLY PkiELL 'LI'CATION FEE $150.00 ' D BY COFFEY, DIANNE SIGNED BY ROGER AMUNDSON . DATE 10/12/89 DATE 10/12/89 :COLATION RATE 5. 0 MIN PER INCH LIMITING ZONE 0 FEET L TYPE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION !UIRES ENGINEER DESIGN NO +M THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH SQ. FT. OR ABSORPTION BED 948 S . FT. ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND DITIONS : S PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT ICE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET TH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING LURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OF; FINAL ROYAL_ THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE ARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE AGE DISPOSAL SYSTEM . - jc, X STAFF 10/17/89 cp,r.p ENVIRONMENTAL SPECIALIST DATE SS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF S PERMIT THE WELD COUNTY HEALTH _DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- ' AL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- TED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. TEM INSTALLER D-) Y-1L' FINAL INS 'ECTI N�� }}�� Dp T TEM ENGINEER �� 7 APPROVAL �j,, ^ wDl'l�- E OF SYSTEM INSTALLED �C3____ ENVIRONMENTAL SF'EtIAL:IST ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY _OCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE , COUNTY AND L REGULATIONS ADOPTED F'ERSUANT TO ARTICLE 10: TITLE 25, CRS 1973 , AS AMENDED :F'T FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED S YETEM FnR DANCE OF A LOCAL- OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 . / d ; :FY r:,. -4"'S y::r -1.4,1r`y ii?c_ t.‘" _ ; yr. ' �" , g m i 1 41 d I -- ' ----JA 1 �. s at cl j I i inn ! ' I' 1 I0,, 4 ° a H N -+ r4 7 19 N MAR-26-2003 WED 10:48 AM /IRON HEALTH SERVICES 9703046'1 P. 01 K t L,OYcl'l +--- L2-3 ^C><c - WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 STATEMENT OF EXISTING SEPTIC PERMIT Permit #: SE-0200099 Sec/Twn/Rng: 34 05 63 PERMIT Owner: UPLAND POINTE LLC Applied: 11/01/2002 Applicant: UPLAND POINTE LLC Parcel #: 0965-34-0-00-029 Location: 24583 CR 69 KERSEY 34 05 63 Legal Desc: 7552-B NE4/E2NW4 34 5 63 (2D2R) 24335 69 CR WELD Description: HOUSE Commercial: N Residential: Y Acres: 1.6 # of Persons: 4 Basement Plumbing: Y # of Bedrooms: 3 Bathrooms - (Full): 2 (3/4): 0 (1/2): 0 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit Number: Septic Tank: 1000 Tank Material: CONCRETE Absorption Trench: UNK sq. ft. Absorption Bed: UNK sq. ft. Year Installed: UNK NOTICE The property owner/agent has certified by Notary Seal that the above described septic system is in fact installed as described,and exists at this time on the parcel identified above by the parcel number and/or legal description,and further states that the system IS/IS NOT in good working order and to the best of his/her knowledge IS/IS NOT failing to function properly. The property owner/agent further understands that any falsification or misrepresentation may result in the revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. The Statement of Existing Record relies on information the property owner or his/her representative provides,under oath,indicating current status of the system and representing to the best of his/her knowledge that the system IS/IS NOT failing to function properly. Issuance of the Statement of Existing Permit for any system does not constitute assumption that the site was evaluated or inspected during any phase of construction by this Department to meet regulations. En iro tal Health Specialist Date Penn:S_EXIST MAR-26-2003 WED 10:48 AM IRON HEALTH SERVICES 9703046' P. 02 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE (970) 304-6410 FAX (970) 304-6411 - ST A TE1� ENT OF EXISTING RECEIPT Receipt Number: HES-02086 Amount: $10.00 Date: 11-01-2002 Payment Method: Check Notation: 924 Initials: BM Owner Name: UPLAND POINTE LLC Applicant Name: UPLAND POINTE LLC Permit Number: SE-0200099 Parcel Number: 096534000029 Site Address: 7552-B NE4/E2NW4 34 5 63 (2D2R) 24335 69 CR WELD Location: 24335 CR 69 WEL Total Fees: $10.00 Total All Payments: 10.00 This Payment: $10.00 Balance: $0.00 Account Code Description Amount 256041400-4221-400 Statement of Existing $10.00 RT HES7 MAR-26-2003 WED 10:49 AM . ;IRON HEALTH SERVICES 9703046" P. 03 SLIM'S SANITATION INC. H. ' ROTO+ROOTERi-o( .WELD,.COUNTt' P O BOA 35 LA SALLE CO 90645-0357 (9701 284-6951 . ( 303) 85--1100 K. WWW.SLIMSSANITATION.COM • W O R K ORDER CUSTOMER NH892 WORK ORDER 4: 32039 UP ONE POINT. LLC DATE ORDERED: 10/11 /2002 421$ T 14TH STREET LN DATE WANTED : 10/11/200^_ ORDERED RY : JOHN KADAVY GREELEY CO S0634 TERMS : COD 396-4303W P.O. NUMBER : 7.50C / 2 ao JOB NUMBER SALES PERSON; RICHARD KLINE ' ENTERED ET" .AK TANK : 2-SEP 24283 WCR 69.CLIFF OWEN TANK ADDRESS : 24533 WELD CO RD 69 TANK C/S/Z : KERSEY CO 80644 SIZE 1000 HOSE REQ'D ROUTE: S " NEXT SERVICE : LAST SERVICE : 06/09/2000 BY : JAY S LOCATION : GALLONS : / (ycj .) DISPOSAL SITE: �N1 REMARKS U INSTRUCTIONS : SERVICE ORDERED: SERVICE PERFORMED - BY - DATE SEP SEPTIC TANK 4,/4r./14,1 'jab; /0' /lL OZ TD TOTAL DUE 5 2 LJt/i7. G•O' SOC CUSTOMER SIGNATURE ENTER TANK LOCATION SKETCH BELOW ;IRON HEALTH SERVICES 9703046' P. 04 MAR-26-2003 WED 10:49 AM ,:-.4.L _'o z 1�-,-� i Form STATE OF COLORADO For Office Use Only No. OFFICE OF THE STATE ENGINEER GWS-11 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 6/2003 (303) 866-3581 Fax(303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 3 6-0 6 a Name,address and phone of the person%'mine ownership of the well: NAME(S) gD%7 0/✓Gvev'1 Anti 4-S /710 I Mailing Address City, St.Zip Phone ( 1 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This Nino is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County //UC e- Owner's Well Designation tom' a (Address) // (City ) (State) (Zip) <a 1/4 of the/VC-1/4, Sec.3Y, Twp. S �Xl/ N. or❑S., Range 68 E. orV W., &_ P.M. Distance from Section Lines 2 ?S Ft. From IG. N. or S., _PY r, __ Ft. From L I E. or W. Line. �i Subdivision Name t- /f °'va `�j v t-`5 Lot , Block____, Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: IXChange in name of owner ❑Change in mailing address ❑Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print the Signer's Name &Title Signature(s)of the new owner. Date L It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Usc Only State Engineer By Date Form STATE OF COLORADO. For Oh._. Use Only No. OFFICE OF THE STATE ENGINEER GWS-1 I 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 6/2003 (303)866-3581 Fax(303)866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 235—a 6 3 Name.address andphone of the Person claiming ownership of the well: ss NAME(S) cry-O"/w O'c-5 fie ,"----- Mailing Address City, St. Zip Phone ( 1 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filina is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County /4/54-i Owner's Well Designation tt s -- (Address) // (City ) (State) (Zip) t---.1/4 of the N 1/4, Sec..3 r , Twp. c X. N. or❑S., Range 6 3 ❑ E. or >1 W., _6_ P.M. Distance from Section Lines /9 73_ Ft. From .Y N. or S., 96 3 Ft. From gE. or W. Line. Subdivision Name g� �' 1W en) t4' S Lot , Block_____, Filinq/Unit The above listed owner(s) say(s)that he, she (they) own the well described herein. The existing record is being th amended for the following reasons: 1` Change in name of owner Change in mailing address ❑Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are)the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print the Signer's Name &Title Signature(s)of the new owner. 1. Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date Form STATE OF COLORADO For Office Use Only No. OFFICE OF THE STATE ENGINEER GWS-I I 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 6/2003 (303) 866-3581 Fax (303)866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 2 `/2 6 Name, address and phone of the person claiming ownership of the well: NAME(S)_ lam"// DA✓AltiV/) f77Li,5 go 41 Mailing Address City, St. Zip Phone ( 1 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County ///�G' Owner's Well Designation /� 3 (Address) (City ) (State) (Zip) Se /t1c1 1/4 of the /4, Sec.167,//7_, Twp. f�Y7 N. or❑S., Range (3 ❑ E. or FEW., _6_ P.M. Distance from Section Lines 2`/05 Ft. From LLB N. or❑S., 'a�' Ft. From E. or ❑W. Line. Subdivision Name w// f„L`" 5 Lot , Block , Filin /Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner ❑Change in mailing address ❑Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we)(are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print the Signer's Name &Title Signature(s)of the new owner. Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer By Date Hello