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Home My WebLink About20033103.tiff APPLICATION FLOW SHEET I COLORADO APPLICANT: Dave Hoskins CASE #: S-625 REQUEST: Final Plat for a 5-lot Planned Unit Development— Dove Haven PUD LEGAL: Lot B of Recorded Exemption 2954 being a part of the West Half of the Northeast Quarter of Section 29, Township 4 North, Range 68 West of the 6° Prime Meridian, Weld County, Colorado. LOCATION: North of and adjacent to WCR 40.5 approximately one-half mile west of WCR 5 PARCEL #: 1061 29 000 038 ACRES: 6.0 +/- Date(mmhicl/yy) By Application Received 1/25/02 RA Application Completed 2/4/02 RA Referrals listed File assembled L.! .4- ce- 1244 Letter to applicant/Referrals mailed Chaindexed Z.4 02. 11),Lt Air photo and maps(vicinity,site)prepared DPS Field Check Administrative Review/Staff Decision : Recorded Plat Received&Filed Surrounding Property/Mineral Owners notified Design Review Meeting (if required) Legal/Publication Notice PC Hearing Date, Action: PC Sign Posting Deadline: Posted Utility Board Hearing Date: Action: Case forwarded to Clerk to the Board BCC Hearing Date,Action: BCC Sign Posting Deadline: Posted b Re:.olution Received/Filed : Plat Received& Filed c Zone/USDA Class AG/IRR NOT PRIME Contact: DAVE HOSKINS(970)532-4505 Overlay Districts: Airport? NO Geo? NO Flood? NO Panel ft 0725C Road Impact Fee Area? : (SW Weld-#1_,#2_,#3_,Windsor ) MUD? NO IGA? NO 2003-3103 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 Ci COLORADO February 4, 2002 Intermill Land Surveying 1301 N. Cleveland Avenue Loveland CO 80537 Subject: S-625 - Request for a Final Plat for a 5-Lot Planned Unit Development- Dove Haven PUD on a parcel of land described as Lot B of RE-2954; being a part of the W2 of the NE4 of Section 29, T4N, R68W 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 Sketch Plan 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 Sketch Plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud and Mead Planning Commission for their review and comments. Please call Berthoud at (970)532-3754 and Mead at (970)535-4477, for information regarding the date, time and place of the meeting and the review process. If you have any questions concerning this matter, please feel free to call or visit. Sincerely, Robert Anderson Planner PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION ©n ( ' Al FOR PLANNING DEPARTMENT USE ONLY: Case Number 5—C,25 • Application Fee: Zoning District Receipt Number Date Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners,if applicable,concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Port. of Lot B of RE 2959, NE %, Sec. 39,T4N, R68 W of the 6thP.M.,Weld County, CO (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1 0 6 1 2 9 0 0 0 0 3 8 (12 digit number found on Tax I.D.or obtained in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Dove Haven P.U.D. EXISTING ZONING P.U.D. CHANGE OF ZONE CASE NUMBER S-575 TOTAL AREA (ACRES) 23.58+1- TOTAL AREA (acres) OF COMMON OPENSPACE 5.43+!- NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 3.37+/- MINIMUM 2.6+/- UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME On Lot Septic GAS: NAME Propane PHONE: NAME US West ELECTRIC: NAME Poudre Valley REA DISTRICTS: SCHOOL: NAME Berthoud School District RJ-2 FIRE: NAME Berthoud Fire Protection District ENGINEERS NAME CDS Engineering PHONE 970-667-8010 ADDRESS 165 2nd St. SW Loveland, CO 80537 PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: Hoskins Construction ri4G. HOME TELEPHONE: (970) 532-4505 ADDRESS: 1511 WCR 405, Berthoud, CO 80513 BUS. TELEPHONE: NAME: HOME TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(if different than above): NAME: Intermill Land Surveying HOME TELEPHONE: ADDRESS: 1301 N. Cleveland Ave. Loveland Colorado 80537 BUS.TELEPHONE: (970 669-0516 OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: . Union Pacific Land Resources Co. HS Resources Inc ADDRESS: PO Box 2500 Broomfield CO, 80020 3939.Carson Ave, ns, CO 80620 / —$1g ature:ZSw e or Authorized Agent 25 P-00-4603 January 15, 2002 Dove Haven P.U.D. (Dave Hoskins) PIJD Final Plan The following is supporting written material for the Planned Unit Development (P.U.D.) Final Plan Application Questionnaire for the above referenced proposed P.U.D. situate in the West Half of Section 29, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. This proposal is for a 23.58+/- acre Planned Unit Development, which is situated approximately 2-1/2 miles East and 1-1/2 South of Berthoud CO. on Weld County Road No. 40-1/2. More particularly described as, Lot B of Recorded Exemption No. 2954. This P.U.D. proposal will be a covenant-controlled development consisting of 5 single- family residential lots (zoned P.U.D.). The residential lots will average approximately 3 to 4.5 acres in size with a traditional wood framed house of one and two stories. The P.U.D. will provide approximately 5.5 acres of Open Space for this development, which will be owned and maintained by the Homeowners Association. Our intent is to uphold the development standards of Weld County. Following is a description of how specific standards will be met. APPLICATION REQUIREMENTS FOR SUBMITTAL PER P.U.D. FINAL PLAN 1. See attached Final Plan Application Form and application fee 2. See attached recorded Change of Zone Plat. 3. See attached certificate of title for the P.U.D. Final Plan 4. Not-Applicable 5. Not-Applicable 6. See attached certificate from the County treasurer 7. See attached Engineered drawings stamped and signed. 8. Not-Applicable 9. See attached improvements agreement between Dave Hoskins and Weld County 1 10. See attached Weld County, Change of Zone Administrative Recommendation Dove Haven Planned Unit Development, Case#Z-561. Specifically Item 1, E stating that street facilities are adequate to meet the traffic requirements. 11. See attached off-site road improvements agreement proposal. Note: This was a condition for the recording of the Zone Change Plat. The Offsite proposal has been submitted to Public Works for processing. 12. See attached Improvements Agreement Outlining the construction schedule. 13. The method of financing shall be a letter of credit submitted at time of approval of Improvements Agreement. 14. See attached certified list of adjacent property owners within 500 feet. 15. See attached list of mineral owners of this property. 16. See Development Guide Requirements section of this application. 17. See attached Final Plan Map 18. See attached Landscape Map 19. See attached Utility Map and road Design as prepared by CDS Engineering DEVELOPMENT GUIDE Component One—Environmental Impacts: Noise and Vibration - No noise or vibration is anticipated, other than normal occurrences, within this development. The Homeowners Association shall have the ability to site and address (within their power) any complaints of noise or vibration within this P.U.D. Smoke, Dust and Odor — Reseeding shall take place after construction that will limit blowing dust and erosion. No smoke or odors are anticipated being a problem within this development other than what is created due to light agricultural activities. Heat, Light and Glare —We feel that these particular impacts are not applicable to this development. This development is of like development within the area. The property is generally at the same elevation as the surrounding areas; therefore, it will not be on top of a hill to cause problems such as glare from windows or bright lights that can be seen for miles. Standard outside illumation for individual homes will be the extent of possible 2 Visual / Aesthetic Impacts—This development will be compatible with surrounding development in that it will contain relatively the same densities and style of home and out buildings. Utility lines will be underground. Landscaped areas along with open space will give this development a rural atmosphere which will fit well with residential and agricultural activities in the area. We feel that this proposal will enhance the immediate area instead of creating negative visual or aesthetic impacts. Electrical Interference— This particular impact should not be a problem within this P.U.D. Typical household appliances are expected such as cordless phones, garage door openers and cellular phones. Water Pollution — Septic systems shall be installed per Health Department regulations, which will dismiss and/or minimize any ground water contamination. Waste Water Disposal—Each lot will contain and individual sewage disposal system as installed per Weld county Health Department regulations and/or specifications. Wetland Removal — This site does not contain any wetland areas that will be affected by the residential lots. Erosion and Sedimentation—Erosion control and reseeding methods will be used during and after construction. The restrictive covenants will address animal units per lot and the practice of grazing to minimize erosion problems as well as dust control. Excavating, filling and Grading —Normal excavation shall occur during infrastructure installation and construction of homes. Construction activities shall be in accordance with standard procedures as well as Weld County Public works regulations. Drilling, Ditching and Dredging— These impacts do not apply to this development. Air Pollution— This should not be a factor for this development. Only residential development will occur, therefore pollution, which can be associated with heavy commercial, or industrial uses will not be present. Solid Waste— This impact does not apply to this development. Wildlife Removal — Currently we are not proposing any type of wildlife relocation program. Certain wildlife will relocate on their own, due to the development of this property. Much of the wildlife will stay or frequent the development due to the proposed acreage of the lots and the amount of open space to be retained. Exotic or endangered species are not present in the site. Natural vegetation Removal —Minimal disturbance of the natural vegetation shall be enforced during construction. Areas that are disturbed shall be reseeded after construction is completed. 3 Radiation/Radioactive Material —These impacts do not apply to this development. Component Two— Service Provision Impacts: Schools—This proposed development would be within the Berthoud (R-2J). We feel that the 5 lots proposed for this development would have a minimal impact regarding the school district. A referral was received from the school district and they had no conflicts with this development. Please see attached letter regarding school district impact fees and agreement. Law Enforcement —This P.U.D. will be served by the Weld County Sheriff's Department for protection and safety. We are assuming that no additional patrols will be needed for the additional 5 lots proposed. Fire Protection — The Berthoud Fire District will serve this development. Due to the location of this site being near the town of Berthoud, it is our belief that the impact shall be minimal to the Fire District. It is out intent to meet the Fire District's needs for fire flow, hydrants, and access. Please see the attached letter regarding fire hydrant placement. Construction shall comply with all codes as adopted by the Weld County Commissioners. Ambulance—Ambulance service will be provided by Weld County Ambulance. Air life of Greely will provide additional emergency service. Again, we feel that with the additional 5 lots proposed minor impacts shall occur regarding Ambulance service. Law Enforcement, Fire Protection and Ambulance services are based on an as needed basis. Transportation—Weld County Road 40.5 is adequate in classification, width and structural capacity to handle the minimal traffic impact as proposed with this development. The estimated trip count for this development should be approximately 50 TPD. This number is generated using 10 TPD for each individual residential lot. Traffic impact study made by Matt Delich dated May 18, 2001 for the benefit of the Weld County Public Works agreed with these conclusions. However, the report found that due. to other development in the area future improvements for both WCR 40.5 and WCR 3 are necessary. The impact of our development to these roads respectively is 11% and 3%. If deemed necessary, the applicant will enter into a capital improvement program to pave WCR 40.5 and WCR 3. See attached agreement between developer and Weld County. Storm Drainage— The natural drainage for this site flows from the top of several hilltops about the property. Drainage, in order to protect the well being of residents and their properties, shall be mitigated by a professional engineer. CDS Engineering has prepared a Drainage Study for this site. See attached Drainage Study. Utility Provisions —Electrical and Telephone utilities are available for each of the proposed lots. Commitment for electrical service confirmed by a letter received from 4 Poudre Valley Rural Electric Association. Commitment for telephone service confirmed by a letter received from Quest. Water Provisions—Water taps are available for each of the proposed lots. Commitment for service by the applicant and water district is confirmed by a water main extension agreement. Please see attached agreement between the developer and Little Thompson Water District enclosed within this submittal guide. Sewage Disposal Provisions—The Health Department has indicated that and individual on lot septic system will be adequate for the type of use and size of the proposed development. The five residential lots will install individual on lot septic systems per Weld County Health Department regulations and/or specifications. Lots 4 and 5 are required to have septic setbacks and primary and secondary leach field easements. Component Three - Landscaping Elements: Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into native grasses in the attempt to preserve water, yet give the development a mature agricultural and natural look. We are proposing an entrance sign for this development. Decorative vegetation will be planted at the entrance of the subdivision for aesthetic purposes. No treatment for the perimeter is proposed with this development other than what is shown on the Landscape Plan. The "Trail System" is located adjacent to the rear lot lines of the residential lots. This creates a natural buffer between adjacent uses and the residential lots. Landscaping proposed for this development will be virtually maintance free. Native grasses will be used for Open Space ground cover which will require no watering other than Mother Nature. Evergreen trees will be used which also require little to no additional watering once the tree has established itself. The developer/landowner will be responsible for the care of the native grasses and trees until such time the Homeowner's Association is in place and can assume the responsibilities of the care and maintenance. Component Four— Site Design: Please revert back to the beginning of this narrative that identifies consistencies and compatibilities as it relates to the Comprehensive Plan and the Existing uses surrounding this development. Component Five— Common Open Space Usage: Approximately 5.5 acres will be provided for private open space for the use of the inhabitants of this development. This area will be private and not available for public use but should be viewed as open space provided to the public to ensure continued 5 agricultural activities and to enhance visual impacts of the development. The open space will be owned and maintained by a Homeowner's Association and will be established before any lots are sold. Component Six — Signage: We are proposing an entrance sign for this development. Please see attached Landscape Plan for location and size. A stop sign along with a street name sign will be erected at the entrance of the P.U.D. Traffic entering the internal access, Dove Haven Drive, will notice a sign bearing the words, "not a through street." Component Seven—M.U.D. Impact This proposed P.U.D. does not apply to a M.U.D. Component Eight — Intergovernmental Agreement Impacts: This proposed P.U.D. does not fall within an Intergovernmental Agreement area. Conclusion: Dove Haven P.U.D. is a proposed 5-lot development located in Weld County, but nearest to the Town of Berthoud. Topography of this site is irregular sloping ground unsuited to farming practices. It has been determined that land efficiency is maximized by this proposal. It will continue to contribute to the rural characteristics of Weld County by allowing the opportunity for individual home agricultural activities. The charm of the countryside will not be lost due to this development. The development guide has addressed concerns of Weld County Review Standards. Utility providers for water, electric and telephone have committed their service. The applicant has entered an agreement for water main extensions of the benefit of the Dove Haven P.U.D. with the Little Thompson Water District. A letter of commitment from the Poudre Valley Electric Association is enclosed. A traffic study regarding this development and the local roads surrounding the site has indicated a proportional amount based on the size of this development may be collected to benefit a capital improvement program. We request that paving not be required for Dove Haven Drive per Section 2.1 of the P.U.D. Ordinance and comments made by the Public Works Department. The engineers at CDS Engineering have conducted investigations for storm water drainage for the Dove Haven P.U.D. site. Landscaping shall utilize natural vegetation and evergreen trees to enhance the natural appeal of the existing area, also it will reduce maintenance and plant care requirements. A sign will identify the entrance of the P.U.D. The sign is hoped to present a condition of welcoming for the residents and passers-by of the P.U.D. entrance. Overall, it is felt that Dove Haven P.U.D. adds charm to the local vicinity. It will create a 6 place for homeowners to live and work in the outdoors. Local towns and cities had no concerns regarding this development. As always, if you should have any questions, concerns or desire additional information regarding this Planned Unit Development Final Plan submittal, please feel free to call me at (970) 669-0516. Sincerely, Intermill Land Surveying, Inc. Steve Stencel, Project M nager 7 Report Date: 01/22/2002 03:10PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: 80587101 ASSESSED TO: HOSKINS CONSTRUCTION INC PO BOX 1165 BERTHOUD, CO 80513 LEGAL DESCRIPTION: PT W2NE4 29-4-68 LOT B REC EXEMPT RE-2954 SITUS: 19203 5 CR WELD 0 PARCEL: 106129000054 SITUS ADD: 19203 5 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 89.00 0.00 0.00 0.00 89.00 TOTAL TAXES 89.00 GRAND TOTAL DUE GOOD THROUGH 01/22/2002 89.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2385- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 20.56 AGRICULTURAL L 3,450 1,000 SCHOOL DIST R2J 49.168 49.17 NCW WATER 1.000 1.00 TOTAL 3,450 1,000 LTW WATER 0.000 0.00 BERTHOUD FIRE 15.024 15.02 WELD LIBRARY 3.249 3.25 89.000 89.00 - TAXES FOR 2001 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. The lien for the current year has attached for property taxes and special assessments, but is not currently due and payable. Signed: y+a�i' � Date: ,4/3)--/2---? DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DOVE HAVEN P.U.D. ARTICLE I—PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado,described on Exhibit"A" hereof(the property). The Property has been platted as Dove Haven P.U.D. simultaneously with this declaration. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants,conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of the Property is and shall be held, transferred, sold,conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements which are set fort in the Declaration,all of which shall run with the Property and shall inure to the benefit of,and be binding upon,all parties having and right, title, or interest in the Property or and portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Estate Zoning, i.e., number and type of animals allowed on each lot, home occupations,etc. ARTICLE II-DEFINITIONS 2.1 General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 2.2 Association: Shall mean and refer to Dove Haven P.U.D. Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. 2.3 Common Areas: Shall refer to all real Property or interests therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including,but not by way of limitation, the road Dove Haven Lane, utilities,and utility easements. 2.4 Developer: Shall mean Hoskins Construction Inc., A Colorado Corporation,owner of the Property,their successors and assigns. 2.5 Developer responsibilities: Shall refer to the road constructed pursuant to specifications required by Weld County known as Dove Haven Lane. Developer shall install a gravel road according to the specifications of Weld County. The Association shall maintain, repair, and replace the road after the Developer has installed such facility. Developer shall plant non-weed natural vegetation in the right of way adjacent to Dove Haven Lane. The Association shall maintain and replace non-weed vegetation after the Developer has planted such vegetation and said Association has assumed responsibilities. 2.6 Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of the Property described on Exhibit"A" and owned by the"Owner",with the exception of any "Common Area". No Lot shall hereafter be subdivided except by Declarant.. 2.7 Road and Utility Easements: Shall mean and refer to the road Dove Haven Lane and all utility easements presently existing on the Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads" and"Utility Easements"shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot of the Property. 2.8 Single Family Dwelling: Shall mean an independent structure designed and occupies as a residence for a single family. 2.9 Subdivision: Shall mean and refer to Dove Haven P.U.D. Other terms may be defined in specific provisions contained in the Declaration and shall have the meaning assigned by each such definition. ARTICLE III—USE AND OTHER RESTRICTIONS 3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof, a garage,or if a garage is not included as a part of the residence, then a separate garage structure shall have similar architectural design and exterior design and appearance consistent with that of the residence accommodated thereby. 3.1.1 Size: The dwelling space of the residence,exclusive of the garage and open porches, shall contain a minimum of 1,800 square feet for one-story homes and 2,400 square feet for two story homes of finished non-basement living space. The maximum height of the residence and any accessory building is not to exceed thirty(30)feet. 3.1.2 Preconstnicted Homes: No homes of a pre-constricted nature shall be permitted. 3.1.3 Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco,or material with a stucco-like appearance. Any vinyl or aluminum sided houses will not be allowed. 3.2 Accessory Buildings: No more than three(3)accessory buildings in addition to the garage with a maximum square footage of 5,000 sq. ft. total, which are well constructed and neat of appearance, must be approved by the ARC. No buildings with a Quonset type appearance are permitted. 3.3 Fencing: Fencing is to be keeping with the appearance of the surrounding rural setting, i.e barbless wire fencing, wire fencing, natural wood(unpainted), chain link, vinyl, and livestock panels are allowed. 3.4 Outdoor Storage: Shall be screened from public right of ways and adjacent properties. Tractors and machinery not being used for maintenance of the lot or other applicable use common on a small rural lot, and unlicensed vehicles of any kind will not be permitted on the lots, except in enclosed storage buildings. 3.5 Right of Way and Easements: The area known as Dove Haven Lane is an Access, Utility, Drainage and Irrigation Easement and is to remain open space; free of buildings, fences,trees,or shrubs. The developer will seed non-weed vegetation in the right of way;and thereafter, the Association will assume responsibility of the maintenance of said right of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association may give the Owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty(30)days of receipt of notice, the Association my have such work done at the expense of the Owner of the lot. If the work is done by the Association at the Owner's expense, the Owner shall pay for such work within ten (10)days after notice is given in writing to the Owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the Owner,all such attorney's fees and costs incurred shall likewise by a debt owed by the Owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The owner of each lot shall plant and maintain non-weed vegetation and remove any trash or other debris. If an Owner fails to maintain their lot in accordance with this requirement,the Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Maintenance of Individual Sewage Disposal Systems(Septic Systems): Primary and secondary septic absorption field envelopes shall be preserved and/or protected in a manner that will allow for the proper function of said systems. Activities such as landscaping(i.e., planting of trees and shrubs)and construction (i.e., auxiliary structures,dirt mounds/berming)are expressly prohibited in the designated absorption field envelopes. It is the responsibility of each individual lot owner to acquire further information regarding the proper care and maintenance of septic system absorption fields. This material and/or information can be found at The Weld County Department of Public Health and Environment. 3.8 Pasturing of Lots: It is not intended that the area around the residential building area is to be used as feed pasture. The area outside of the residential building area is intended for pasture for animal exercise space, riding area and minor supplement to the main food source of bailed hay and commercially produced feed. The pasture shall be divided into a minimum of one(1)acre areas to maintain the ground cover and alternating animal units within each area as vegetation occurs as next specified. Ground cover within one area should be allowed to grow to a height of four(4)to six (6) inches high and not be allowed to be foraged to less than one and one-half inches(I 1/2") high. 3.9 Manure Handling Plan: The individual lot owner shall be responsible for maintaining the property as a healthy environment for both humans and animals. The lot owner may maintain an area to compost manure that would be confined and screened within an area 12 ft. x 12 ft. x 6 ft. high. Disposal of excess manure may be handled communally by the owners of each Lot. It is intended that the owner of each Lot will negotiate with a local farming establishment that may want the waste for agricultural purposes. 3.10 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.11 Recreational Vehicles: No trailer, motor home, camper unit,boat of similar recreational vehicle shall be parked on Dove Haven Lane. 3.12 Private Drives: During construction of private drives to individual lots from Dove Haven Lane, individual lot owners must permanently install a fifteen(15)inch culvert in the drainage ditch directly adjacent to Dove Haven Lane and place house numbers that are clearly visible from the road at the primary lot entrance. 3.13 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, Division of Wildlife, Berthoud Volunteer Fire Department and the Weld County Planning Department. 3.14 Oilfield Production: If OiUgas production facilities become present within said Subdivision, oil/gas vehicles have the right to access their production facilities within the subdivision without interference by lot owners. 3.15 Right to Farm Covenant: Weld county is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with long-standing agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural Practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment;dust from animal pens,fields work, harvest, and gravel roads; odor from animal confinement, silage,and manure; smoke from ditch burning;flies and mosquitoes;the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditched and reservoirs cannot simply be moved "out of the way"of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size(twice the size of the state of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for the public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety,but also for the protection of the farmer's livelihood. ARTICLE IV—THE ASSOCIATION 4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and administered by the Article of Incorporation and Bylaws of the Dove Haven P.U.D. Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. 4.2 Membership: Each owner of a lot,upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. If more than one person has an ownership interest in a lot,each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Books by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will, upon request be entitled to: (A): Inspect the books and records of the Association, (B): Receive an annual financial statement of the Association after the end of each calendar year, (C): And written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer, and regulate Dove Haven P.U.D. and to perform all of the duties required of it. Not with standing the above, the Association shall not be empowered or entitled to use hazard insurance proceeds for loss to the common areas improvements for other than repair, replacement,or reconstruction of such improvement. 4.5 Association Responsibilities: The maintenance and operation of Dove Haven Lane and all common areas shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the gravel road,Dove Haven Lane, and shall initially seed the areas disturbed by construction of said Dove Haven Lane; thereafter, the costs of maintaining, repairing, and replacing the right of way area and the roadway of Dove Haven Lane shall be borne by the Association. 4.6 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner,by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted,an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 4.7 Bases Upon Budget: Assessments shall be based upon the budget, which shall be established by the Broad of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation,additions, alterations and improvements of and to Dove Haven Lane and the common open space as well as Landscaped areas,which sum may include,but not be limited to,expenses of management;taxes and special assessments unless separately assessed; premiums for insurance; repairs and renovations;wages; water charges; legal and accounting fees;expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous reserve,working capital and sinking finds as well as other costs and expenses relating to Dove Haven Lane and the common areas, which shall be funded by the regular annual or monthly payments rather than special assessments. 4.8 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charge or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 4.9 Assessments: The amount of the common expenses and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof. The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty(60) days from the due date for payment thereof. In the event of default in the payment of an assessment,the lot owners shall be obligated to pay interest at the rate of eighteen percent(18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including attorney's fees, incurred together with such late charges as are provided by the Bylaws or rules of the Association. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing the lien described below and such suit shall not be, or construed to be,a waiver of lien. 4.10 Creation of Lien and Foreclosure: All assessments together with any special assessment or other fee,cost or charges which and Owner is obligated to pay, shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment, such amount, and any subsequently acquiring unpaid assessments, together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity,and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of the officers of the Association on behalf of the Association and may, but is not required to,be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with interest and other charges thereon, shall have been paid in full. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs,expenses, and attorney's fees incurred for filling the lien, and in the event of foreclosure proceedings,all additional costs, all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to receiver during foreclosure,and the Association on behalf of the member owners, shall have the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage,vote the votes appurtenant to,convey or otherwise deal with the same upon acquiring title to such lot. 4.11 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney's fees attributable to the lot acquired through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. 4.12 Mortgage Foreclosure: Not with standing any of the terms of provisions of this declaration, in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.13 Board and Officers of Association: Until all lots have been sold by Declarant or December 31, 2002, whichever occurs first, the Declarant may appoint and remove the officers and members of the Board of the Association. ARTICLE V-GENERAL PROVISIONS 5.1 Durations: Subject to the provisions of Section 5.3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivisions for a period of twenty(20)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten(10)years unless an instrument signed by the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 5.2 Amendments: This Declaration,or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least sixty-six percent(66%)of the lots in the Subdivision and one hundred percent (100%)of the holders of recorded mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the state of Colorado, or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Declarants in writing. 5.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity,enforcement or effect of the remainder of this Declaration and, in such event,all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 5.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declarants to enforce any covenant or provision hereof This Section 5.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. 5.5 Waiver: No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. 5.6 Captions: The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. 5.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vise versa,when the context so requires. 5.8 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States Mail, sufficient postage prepaid, to the latest address given by such member to the Secretary of the Association. In such event,notice shall be deemed effective three(3)days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three(3)days after deposit into the United States mail, sufficient postage prepaid. IN WITNESS WHEREOF,the undersigned being Owner(s)or Mortgagee(s)of lots in Dove Haven P.U.D. executed this Declaration the date and year indicated below. Hoskins Construction Inc., A Colorado Corporation By: David G. Hoskins, President State of Colorado) )SS County of Weld ) The foregoing Declaration of Covenants, Conditions and Restrictions for Dove Haven P.U.D. Acknowledged before me this day of , 20 , by Hoskins Construction Inc., David G. Hoskins President. Witness my hand and official seal. My commission expires: Notary Public RLF ERkAL LIS I NAME: Dave Hoskins CASE NUMBER: S-625 REFERRALS SENT: February 4,2002 REFERRALS TO BE RECEIVED BY: February 25, 2002 COUNTY TOWNS and CITIES Attorney Ault X Berthoud _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono _X Sheriff's Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton X Code Enforcement Frederick STATE Garden City _X Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover 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 X Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer _X 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 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins X_School District RE-2J Greeley Ditch Company Longmont _X John Folsom West Adams _X Utility Board Members Big Thompson R2J HOMPSON SCHOOL DISTRICT Operational Services (970) 613-5051, OS Office 11535 N.Do oveland-Berthoud,uglasAvenue Colorado FAX: (970)(970) 613-5087613-5046, Leanne Porzycki /80537.5396 July 17, 2001 RE: Dove Haven Subdivision Applicant: David Hoskins Mr. Robert Anderson Weld County Planning Office 1555 N. 17th Avenue Greeley, CO 80631 Dear Mr. Anderson: In reference to the above-mentioned project, the Thompson School District R2-J is not interested in receiving payment of the in-lieu fee until such time that a building permit is issued. If and when an application for a building permit is required, it will then be necessary for the applicant to receive a receipt from the school district that the in-lieu fee has been paid. If you have any questions concerning this matter, please contact me at (970) 613-5046. Sincerely, ��a/ L742 .0-4 Leanne Porzycki Intergovernmental Planner ..a.l I — 18-01 ' 3 : 31 P - O2 2 I: tanytrii BERTHOUD FIRE PROTECTION DISTRICT Box 570 • '275 Mountain Aye-. • Berthoud. CO 80519 • (970) 532-2264 July 18, 2001 Mr. Robert Anderson. Planner Weld County Department of Planning Services 1555 l7'' Ave. rreeley, CO 80631 RE: Dove Hawn Y.U.U. ! Clinton Rockwell III Case Number S-575 Dear Mr. Anderson: I met with Dave Hoskins today and reviewed the development plan for the above P.U.D. The P.U.D. has a single access oIPof Weld County Road 40 ''A. The District prefers multiple access. however due to limited frontage we approve the single access with the stipulation shut Mr. Hoskins has constructed a second turnaround 600' from the single point a[access. in addition. Mr. Hoskins identified the approximate location of the two fire hydrants that he will have installed. If you have any questions, please direct them to me at your earliest convenience. Sincerely, _ Aut e , , Stephen Charles Fire Chief C Dave iloskins As: FCNL^.L OPF_:RTii'4TY EMPLC'YLR LandTiitleGaranteeCtn ny CETae II SIR am Date: 01-15-2002 Our Order Number: FC25006996 Property Addre:o: VACANT LAND BERTHCN:D, CO 80513 HOS©NS CONSTRUCTION P"O BOX 1165 BFRTH0CD,CO 80513 Aunt Dal"ID IIOSICINS Fn: 970-532.3565 Copies.I Sent Yu Fax tend'Title Clarantee arrpary YCUROCNTACTS Date: 01-15.2002 Our Order Nnmher. FC'2+"00b996 Property Addrst: VACANTLtND BERTHOUD. CO $0513 Buyer/Borrower: IC)BE DEfERNrrsED Sciltr/Owlivr: IRA KINSCONSIRI,CTION, INC.,A COL ORAI)(It'ORPORITIO4 If you have any Inquiries or require further assistance. please contact one of the numbers below: For Closing,t.ssistanrr: For'1 it A&Asianec: FL Collins"F("l.nit Dtut Greenfield .iel$ 'u f :l Mil.DRIVE FORT 4.'i)I.t.1NS, CO $0525 Phone:970-2$2-3M19 Fix: 970.2.112-3452 Flisil: dgreenfleldCligt.com Need a map or directions for your upcoming closing?Check out Land Title's web site at www.Itge.com tor directions to any of our 40 office locations. E TIMATECFTlTLEFEES 'FBI)Commitment $170 JO TOTAL $170-00 fora x.raG.: THANK YOU FO-It YOUR O1tDElt' Old Republic National Iitle Insurance Compaq 4LTA COMMITMENT Our Order No. FC?5006996 Schedule A CND. Ref.: Properly Address: VACANT LAND BERTHOUD,CO 80511 1. Effective Date: December 11.3001 at 5:90 P.hL 2. Policy to be Issued,and Proposed Insured: "I RD"Commitment Proposed Insured: TO BE DETERMTVED 1 The estate or Interest In the land described or referred to In this Commitment and covered herein Is; A Fix Simple 4. Title to the estate or interest covered herein is al tine effective date hereof vested in: HOSKINS CONSTRUCI ION, INC., A COLORADO CORPORATION 5. I he land referred to in this Commitment Is described as billows: LOT B, RECORDED EXEMPTION NO. 1061-29-3 RE 2954,RECORDED MARCH 19, 2001 UNDER RECEPTION NO.2833358, BELNG A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OE SECFION 29,TOWNSHIP 4 NORTH, RANGE 68 WEST (IF rilE 6111 P.M.,<X VI IN1'Y OF WILD. STATE_OF COLORADO 1O BE KNOWN AS:DOVE HAVEN PU.-D, COUNTY OF WELD, STATE OF COLORADO ALIA ('O MM IT hI ENT (Requirements) Our Order No. FC300A99ti The following are the requirements to be complied with, Pagtnent to or for the accotun of the grantors or r.mrtgtµors of the Pull consideration for the estate or interest to be insured Proper IruunanenYal creating the estate or Interest to he inured must be executed and duly tiled for record,to-wio RF(Y)RD PIS T(1F DOFF:HAVEN PI D NOTE: ADDITIONAL.RFOITTRE\TENTS OR FX('EV[1ONS MAY BE NECFNSARY AT SIKH IMF AS TILE BUYERS NAMES ARE ADDED fu THIS COMMITMENT. A1.'1'A ('Oal%l lTStENI' (Exceptions) Our Order No. EC25O06996 The policy or policies to be Issued will contain exceptions to the following unless the same are disposed of to the satlsfecliou of the Compaw: L. Rights of dams of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies. conflicts in boundary lines,shortage in area encroachments, and any facts which a corium survey and Inspection of the premises would disclose and which are not shown by to public records. 4. Any lien. or right to a Hen for services. labor or roaredd& theretofore or hereafter furnished,Imposed by law and not shown by the public records. 5. Detects, Hens encanbttnces, adverse claims or other nutters, If any,created,first appeering In the public records or attaching subsequent to the effeedve date hereof but prior to the date rho: proposed insured acquires of meoni for value the estate or Interest or mortgage thereon covered by this('ommitnent 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the nessurer's orrice. 7 Any unpaid taxes or assessmems against said land. 8. Liens for unpaid water and sewer charges,If any. 9. RIGHT OF WAY FOR COL'N TY ROADS 3(I FEET ON Et HER SIDE OF SECTION AND TOWNSHIP LINES,AS F.ST4BLISHF.D BY THE BOA RIl OF(')LINTY COMM ISSIONERS FOR WELD COL NTY, tit CORDED OCTOBER 14, 1889 IN B(R)Ke6 A'L PAGE 273. IO. ALL EXISTING ROADS, HIGHWAYS, PIPELINES, UTILITIES AND RIGHTS OF WAY AND boxSEMEN'IS IIILREFORE II. 4NY INCREASE OR DECREASE IN'll HE AREA OI(''II1F:LA NI)AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREA OFD BY OR CAI)SEI)BY ACCRE['[O\ OR RELIC 1 DON, St FIEIHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF I'HE GAIN OR IA)SS OF AREA BY ACCRSf1AN OR RELIC IION I.PUN THE MARKETABILITY OF THE.TITLE OF THE IAND. 12. RESERVATIONS MADE BY UNION PACIFIC RAILROAD CO. IN DEED RECORDED Jr ffNE 22, 1885. US BOOR 46 Al PAGE 546,PROVIDING SG BSI AN (ALAN AS FOLLOWS, RESERVING UNTO SAID COMPANY AND I[S ASSIGNS ALL COAL 11141'MAY BE VOL ND i1NDER'NFATH Tl1E SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT'TO PROSPECT AND MINE FOR SAME, Al SO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAI MAY BE DEVELOPED I=RON SAID PREMISES AND FOR TRANSPORTATION OP COAL FROM SAME. 41.'TA ('0 NAM 1 T NIEN (Except Ions) Our Order No. PY2SI)06996 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JANUARY 22, 1992 AT RECEPTION NO.2275756 LN 1300K 1323. 14. RIGHT OF WAY EASEMENT AS GRANTED IN INSTRUMENT RECORDED JANUARY 14, 1963, IN BOOK 1635 AT PAGE.386. 15. TERMS,CONDITIONS AND PROVISIONS OF RESERVATIONS LN DEED RECORDED JANUARY 28, 1991 AT RECEPTION NO. 2239552. 16. RESERVATION OF ALL MINERAL LN'TERESTS AND INCOME FROM MINERAL. INTERESTS AS CONTAINED IN WARRANTY DEED RECORDED OCTUBER20,2000 UNDER RECEPTION NO 2801237. 17. EXCLUSIVE AND PERMANENT 20 FOOT EASEMENT ACROSS SUBJECT PROPERTY FOR '1'11E PURPOSE OF CONVEYING WATER BY MEANS OF AN EARTH DITCH OR ABOVE OR BELOW GROUND PIPELINE AND TILE RIGHT TO ENTER SAID LAND FOR MAINTENANCE OF EXISTING DITCH OR PIPELINES CARRYING SELLERS WATER AND 11TE RIGh IT 10 INSTALL A CONCRETE DITCH FOLLOWING THE EXISTING DITCH AS CONTAINED IN DEED RECORDED OCTOBER 20,2000 UNDER RECEPTION NO. 2801537. 1R EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, FOR ELECTRIC LINE OK SYSTEM, AN INCIDEN'IAI.PURPOSES, B) INS LRUMENT RECORDED V EBRIl ARY 27, 2001, UNDER RECEPTION NO. 2828485. 19. ALL NOTES,EASEMENTS,COVENANTS, RIGHTS OF WAY AND ITEMS AS SHOWN ON SLB.IEC"1 RECORDED EXEMIITION PLAT. 20. EASEMENTS,CONDITIONS, COVENANTS, RES'T'RICTIONS, RESERVATIONS AND NOELS ON HIE RECORDED PLAT. (TO BE RECORDED) I.A N D I'l'1' I.E G 1 i A R A N'1'E:t C O(l P A N 1' DIS('LOSL kt•:S I A l'I1.MENtli Note:Ptusuatd to CRS 10-1i.122,notice is hereby given that A) The subject real property trey he(ocaaecl in a special taxing district B) A Certificate of Taus Due listing each taxing jurisdiction may be obtained from the Comte 1)easurer's authorized agent. C) The Infonnadon regarding special districts and the boundaries of such districts may be obtained from the Board of County Cottanbslonets,the Goths Clerk and Recorder,or the County Asatasor. Note'Effective September 1, 1997,CRS 10.10-406 requires that:till documents received for recording or riling in the cleric and recorder's offlee shall contain a top margin of at least one inch and a lett, right and bottom margin of at least one halt or an inch. the clerk and recorder ins) refuse to record or file any document that does not conform, except that,du requirement for the top nutgln shall not apply to documents using fops on which space is provided for recording or Ming hd'onnuulon at the top nankin of tree document Note:Culotado Division of Insurance Regulations;-S-1,Parccraph C of Article VII requires that"Every title entity shall be responsible for all mutters which appear of record prior to the time or recording whenever the title entity conducts the desire and Is responsible for recording;or filing of legal documents resulting from the transaction wldch was closed". F'mvided that Land"!T hie Guarantee Company conducts the closing or the insured tntnsaciion and is responsible for recording,the legal doctanents from the transaction,exception punter 5 alit not appear on the Owner's Title Policy and the Lenders Policy when ls`to•d_ Note:Affirmative mechanic's lien protection fur Ilw Owner may he available(typically by deletion or Exception no.4 or Schedule B, Suction 2 of the Comrnlnnerd from the Oemer's Policy to be tssueda upon conplhoace with the following coteUuou: A) The land described In Schedule A of this commitment must be a single family residence which includes a cundonnlydurn or townhouse tudt B)No laborer materials have been furnished by mechanics or material-men for purposes of coagulation on the land described in Schedule A or this Compliment within the past 6 months. C) the C'onpany must receive an appropriate allldavtt indemnifying the Company against un•tiled mechanic's and naWMal-men's Item. i))The Coinpany must receive paymen of the appropriate ptendun I)If there has been constructiun, improvements or major repairs undertaken on the property to be purchased within six month:prior to Ilea: Date or the Commitment,the requirements to obtain coverage for unrecorded liens will include:disclosure of certain construction Ii i-melon;IUaua:tal Information as to the seller, the builder and or the contractor;payment of the appropriate premium fully executed Indemnity Agreements sattsfacway to the company,and, any acldldonal ra tdretents rrs mat be necessary after an examination of the aforesaid 1Nornadon by the Company. No coverage will be given under any circuttstances for labor or material tor which the insured has contracted for or agreed to pay. Note:Pursuant to CAS 10-11-12?,notice is hereby given: A)That there is recorded evidence that a mineral estate has been severed,leased,or otherwise conveyed from the surface estate and UM'.then:Is a sultstramal likelihood oat a third party horde eonae or all interest to on,grit,other ndrterels,or geother net energy in(he property;and B) Chat such mineral esane Ina"include the light to enter and use the property without the surface owner's permission this notice applies to owner's policy comm)onents containing a mined severance hatrunent exception,or exceptions, in Schedule A Section 2. Nothing herein contained will he deemed to obligate the company try provide any of the coverages referred to herein unless the above conditions are fully satisfied rcnr DtSCI.]HnaE ()I NF NO'1'ICi. O1.' PRI% AI'Y" POLICY OF 1.AND TITLE GUARANTEE COMPANY AND 1..ANli TITLE INSURANCE(CORPORATION.t.KO OLD REPUBLIC NATIONAT.TITLE'INS;:R.KC-E COMPANY title r of the Gnatun-Leacii-Bliley Act(GI.H At generally prniabits any Inane:lal institution directly or du+otigh its affiliates,firm sharing nonpublic pxsonnai Information ahout you with a nonaffillafad third punt tntiess the Intuition provides you with a notice of its privacy politics and practices,such as the type or Itdhnn Lion that it collects shout you and the attegories of persons or entitles to wlronr it may he disclosed In compliance with the GLBA, we are procidlrng you with this ductanrent,which notifies you of the privacy policies and practices of Lund Guarantee Company and Land tine lr atmeice C'mporatlon rand Old Republic National Fide Insurance Compnaw. !Ye may collect nonpublic personal information[Moot you from the following aourrxs; Intomutlun are tecetve from you au:h to:on applications or other forma. Information about yew-transactions we secure i mm our tilts, or Irian our atl'iliatts or(ahem.. lnfonmitlun we receive from a rl.na5ianler n-porting agency. information that we receive Intm'liars inv..lved in your transaction, such as the real estate agent or lender. I1n Less It Is apt•rincally stated otherwise In an anorn+ied Privacy Pulley Notice, nu addlnotmi nonpublic personal information will be collected about you. 11'e may disclose any of the shove information that we colleel about eta-customers or former customers to our affiliates or to t,onafflllwe-d thind parties as pernalied hy-law. We also mac disclose this information about tow customers or former customers to the following types of rantaliillated eotnpsrnics titan perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service pnrvlders such tc companies engaged in baroldng, consumer thence. sccwi ties and insurance. •Norrllnwnncial companies such as envelope starers and other fulfillment service providers. WV.DO NOT DIS5'USE A`1 NONPUBLIC PERSONA!.INl''OR!tAI ioN .113OL'I'Y VI:WITH ANYONE FOR ANY PiIRP0e E THAT iS NOT SPECWEC'AT T.4-PERNII TI ED BY 1.1 W. We re.strict access to nonpublic personal information about you to those employees who need to know that information In order to provide products or services to you. We maintain physical. electrode,and procedural safeguards dull comply with federal regidanons to paid your nonpublic personal information. Eases, T.A..(Rr H IDAVIT OF li, , 1iRLSTEL " \ND OWI LItS Page 1 of?. AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 106129000038 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature 'i- - Z.,QO) Date Property Owners Within 500 ft. of Parcel# 106129000038 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 1605 WELD CO RD 40 1/2 BUFFINGTON LAURIE 106129100042 BERTHOUD,CO 80513 19619 WELD COUNTY HALVERSON RONALD & LUANN RD 5 106129000035 TRUSTEES BERTHOUD,CO 80513 1611 WELD CO RD 40.5 JAEGER ANDREW J& SHERRI L 106129100041 BERTHOUD,CO 80513 19784 WCR 3 ROCKWELL CLINTON A III 106129000037 BERTHOUD,CO 80513 PO BOX 583 ROUSH TERRY L & TENA L 106129100043 MEAD,CO 80542 SCHAAL DALE H-1/4 INT & BARBARA INT& O-1/4 20116 WELD CO RD 3 106120000056 BERTHOUD,CO 80513 SCHAAL DALE H-1/4 INT & BARBARA INT O-1/4 20116 WELD CO RD 3 106129000036 BERTHOUD,CO 80513 19997 WELD CO RD 5 SCHMECHEL DOUGLAS A 106129000040 It I )AVSF Cif IL .Ri sTEU AND Ow:aRS Page 2 uf 2 SCHMECHEL DOUGLAS A 106129000040 BERTHOUD,CO 80513 AFFIDAVIT OF INTEREST OWNERS:NINERALS And SURFACE ESTATE Legal Description: Lot 9, of RECORDFD EXEMPTION NO 2954, recorded March 19, 2001 . at Reception Nnmher 2833358, being a part of the West Half of the Northeast Quarter of Section 3 . Township 6 North, Range 6.5 West of the Sixth P.M. . Weld County. Colorado STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of minerals on the subject property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. LL L�sz-'/ !"v ll Milton F. Holli ' shead D/b/a D & M Services, Abstractor The foregoing instrument was subscribed and sworn to before me this ej day of --G LI e0 . WITNESS my hand and official seal . My commission expires : /4/ - h2 -"400/ l Notary Public NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME ADDRESS, TOWN/CITY STATE AND ZIP CODE IJNTON PACIFIC LAND RESOURCES CO. P.O. BOX 2500. BROOMFIELD. CO 80070 HS RESOURCES. INC. \ 3939 CARSON AVFNIE. EVANS. CO 80620 +' KERR•MCOEE ROCKY MOUNTAIN CORPORATION IBGB BROADWAY•CUTE 0L00•DENVER.COLORADO 0020Q RNA October 29, 2001 oo3M96 360 Mr. David Hoskins Hoskins Construction,Inc. c/o Intermill Land Surveying,Inc. 1301 North Cleveland Loveland, CO 80537 Re: Docket#2001.76 Change of Zone#561 Township 4 North Range 68 West Section 29: Wc2NE/4 Weld County, Colorado Dear Mr. Hosldns: Kerr-McGee Rocky; Mountain Corporation ("KMRMC"), formerly HS Resources, Inc.,has been notified of the public hearing before the Weld County Board of County Commissioners on Octobei 31,2001. After reviewing the notice, KMRMC does not have any interest in the captioned. If you have any question please call me at 303-296- 3600 x274. Ve truly yours, Ke i McGee Rocky Mountain Corporation Chr stoph . reneaux Cc: Steve Stance' AGENDA WELD COUNTY UTILITY BOARD MEETING Thursday, March 14, 2002 Please contact Donita May at 353-6100 Ext. 3528, if you are unable to attend the meeting. ++++++++++xxxxxxxxxxxx*+wx+xxx++xxxxwxw+xxxxxwx++xxxxx+xxxx+++++wx+wxxx+xxxxx+xxx++++wwxxx+xx++++xxxxx*++++w+++x:++xwww+w 10:00 a.m. Public Meeting of the Weld County Utility Board Meeting, Weld County Planning Department Conference Room 210, 1555 N. 17th Avenue, Greeley, Colorado. 1. APPLICANT: Dave Hoskins CASE NUMBER: S-625 PLANNER: Robert Anderson REQUEST: Final Plat for a 5-Lot Planned Unit Development- Dove Haven PUD LEGAL: Lot B of RE-2954; being a part of the W2 NE4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to WCR 40.5; approximately 1/2 mile west of WCR 5. fI 2. APPLICANT: ! Idaho Creek CASE NUMBER: AmSF-554 PLANNER: Monica Daniels-Mika REQUEST: Amendment to a Final Plat in Accordance with Section 27-4-40 A. of the Weld County Code LEGAL: NW4NE4 of Section 10, T2N, R68W of the 6'" P.M., Weld County, Colorado 3. APPLICANT: Glen Vaad CASE NUMBER: S-612 PLANNER: Voneen Macklin REQUEST: Minor Re-subdivision, Vacation of Roads, Street, and Alleys LEGAL: Part of the NE4 of Section 16, T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of 20th Street and west of Cherry Avenue AC cc Poudre POUDRE VALLEY RURAL Valley \ Elk ELECTRIC ASSOCIATION, INC. 7649 REA PARKWAY•P.O. BOX 272550 FORT COLLINS•(970) 226-1234 FORT COLLINS. COLORADO 80527-2550 FAX NO. •(970)226-2123 1-800-432-1012 May 18 , 2001 David Hoskins P. O. Box 1165 Berthoud, CC 80513-1165 RE: DCV! HAVEN SUBDIVISION LOCATED IN SECTION 29', TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6'nt P.M. , COUNTY OF WE_,:, STATE OF COLORADO David Eoskins: Poudre Valley Rural Electric Association, Inc. is ready, willing and able to serve all electrical loads within our certificated service territory subject to the Rules and Regulations of Poudre Valley Rural Electric Association. If you have any further questions, please call our office. Sincerely, ,1 /7 Mast Oran; Engineering Representative o_ C '.ng r.xnoencs\nd.DP•'E MAVaV SIM RE DVX.SLE i.A.d,_ AN EQUAL OPPORTUNITY EMPLOYER Yo Tco h,ro-c E: Paro¢r 4' 3351 Easibrook❑rive Fort Collins.Colorado 00525 ride the light Qwest QWEST 3351 Eastbrook Dr. Fort Collins, CO. 80525 July 17, 2001 Subject: Telephone facilities to planned/proposed development. Attn: David Hoskins QWEST will provide service to your planned/proposed development,Dove Haven in Berthoud, Colorado. Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. I will need a final plat with measurements, easements, addresses, your phasing plan, and a trench plan before I can have this engineered. If there are any further questions, or if I can provide any assistance,please contact me on 970-377-6406. Sincerely, Carole A. Veysey Senior Design Engineer LDA's Agreement for Water Main Extensions zoo This agreement,made and entered into this 3 I day of MAY ,ker- ,by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and /4/41.1 4 t-oat L Jena, ate. • hereinafter called "Customer", is upon the following terms and conditions, to-wit: 1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be established, or as hereinafter established.The Customer is either a taxpaying elector within the District.or desires to receive water service and to join the District. 2. The Customer desires to obtain water service for the "property" described in this Agreement. 3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water service to the property: but the District may construct said mains,or the District may approve construction by the Customer,or the Customer's contractor upon terms approved by the District. A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the District and that provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the Customer to the District. B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction cost of the District for such installation.After completion of all construction and acceptance by the District,a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction. then the Customer shall pay to the District, on demand, additional advances towards the cost of construction. C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the District by good and sufficient assignment or bill of sale or general warranty deed.Such transfer shall be made free and clear of all liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"form 100" title policy if required by the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of acceptance of such facilities by the written acceptance of such facilities.The District, upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this Agreement and all other conditions precedent to the acceptance of the facilities, the District shall approve and accept the transfer and shall thereafter assume operation and maintenance of the lines.In no event shall the District assume ownership,operation or maintenance of any installation on the service side of the metering installation for the property. 4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as maybe hereafter adopted by the District.The Customer shall commence payment of established rates of the District,including minimum fees,on the date of installation of a tap and water is available for use at the tap. 5. The District, pursuant to the terms of this Agreement, will only be obligated to serve the tap size shown on this Agreement. 6. The terms of this Agreement shall apply to the property described herein,and the taps hereinafter provided may be used only upon said property. The parties hereto agree that this Agreement shall be treated as personal property and not real property. 7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which the development is situated must be provided to the District. 8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct, operate and maintain the facilities herein described, together with the full right of ingress and egress,and to cut and trim trees and shrubbery to the extent necessary.The Customer shall obtain and convey to the District all easements required by the District,and the Di sit in shall not be responsible for any delay in providing service in the event of failure to provide such easements.Furthermore.failure to provide easements required by the District will cause this Agreement to become null and void and of no further force and effect,and the Customer shall forfeit all money or rights theretofore transferred to the District. o. The facilities herein described are required by the Customer by date hereinafter stated.In the event the District installs the facility.the District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God, govt.(umental authority, action of the elements, accident. strikes, labor trouble. inability to secure materials or equipment, or any cause beyond the reasonable control of the District, the District shall not be liable therefore or for damages caused thereby. 10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering practice after the Customer has established property lines, cut streets. alleys and easements to final grade and prior to the paving of streets, and the construction of curbs and gutters.The Customer shall reimburse the District for any expense due to subsequent changes by the Customer. 1I. Water service shall be provided to Customers located within the property at the District's applicable rates. and upon terms and conditions now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and regulations as now established or as may hereafter be established by the District.No water service may be obtained except upon property included within the boundaries of the District.Customer agrees that no other person shall be permitted to use water provided by the taps herein described. 1?. In the event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years fruit( due date of this Agreement.then this Agreement shall become null and void.In such event,the District may setoff against the deposit herein provided for the amount of its expense and return the balance of such deposit. if any,to the Customer.Customer agrees to pay all esl,ense incurred by the District in excess of such deposit. LA WO FORM "_I0 (Rue. Stay 86) Page I of 2 • • Agreement for Water Main Extensions 13. (Delete if inapplicable.)In order to off set the cost of water to supply the property herein described,the Customer agrees to sell to the District the number of ace-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the amount for each unit,hereinafter described.Customer shall not receive cash for such units transferred to the District,but the total value of such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap. 14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall not exceed 3/4 inches.No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by the Customer,including transfer of the above-described water rights.The raps may not be used on any property other than that described herein without the express prior written consent of the District to such transfer.Any such transfer shall be made to property owned by the Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described property,or at any other place shall expire and become nu ll and void 20 years from the date of this Agreement.Customer may not encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or water rights credit shall he treated as personal property. B. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District. the District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not inelnded within the below described property.These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer should familiarize themselves with this portion of the aforementioned Rules and Regulations.The parties hereto agree that refunds will be made for a period of 5 years from the date of this Agreement and that upon expiration of said 5 year period,the District shall have no further obligation to make refunds.The total amount of the tap rebates will not exceed the Customer's cost for the improvements. 16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be established by the District.District shall not be liable for any injury or damage for failure to deliver water for any reason including but not limited to war, riot, insurrection, Act of God, or breaks or failure of the water system. 17. No agent or representative of the District has the power to amend, modify, alter or waive any provisions of this Agreement. Any promises, agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force and effect. 18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, penalties, or charges for services, programs, or facilities furnished by the District constitute a perpetual lien on the property herein described, and that such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.§3?-1-1001(1)(j),C.R.S. 1973(1981 amendments). In the event Customer fails to abide by any of the terms or conditions of this Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and consequential damages. loss of revenue, attorney fees, court costs, expert witness fees and other expenses. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives,successors and assigns of the parties hereto. Except as provided herein, the Customer may not assign all or any part of any interest in this Agreement to any person. IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first above written. LITTLE THOMPSON WATER DISTRICT CUS OMER By By: �,4� Mailing Address: 2e4t //CS. Ratified by LTWD Board of Directors on: iJ Uo ' c 3- • ari3 Telephone: (5'i ) SI 2_-e/.SaS I) Real Estate Description for Agreement ("property"): 2) Amount of Deposit: $ l'c/Yt //11 3) Date Customer needs facilities: P A- 4) Number of Northern Colorado Water Conservancy District units transferred to District: 5) Price per unit of Northern Colorado Water Conservancy District water: vfhYawN ti) Tap Size: 5/8 x 3/4 inches. 5 7) Number of taps to be installed: 8) Plat Provided? X Yes No 9) Number of new fire hydrants: -2. I fl( Fee for hydrants: $ 7•"°. .r Z $9.000 urr)Rst _to zMQNaTf66 Q ,OSO 5; 2-5--arOTf- PA'S 9 ZSO 0,49-7-k �%2 (R.r. May 46, Page 2 of Hello