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Home My WebLink About20052480.tiff MINOR SUBDIVISION FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0801 16 000070 (12 digit number-found on Toxin.infonnatlon,obtainable at the Weld County Aasac oes Orrice,or wwW.co.weld,co.usl. (Include all lots being included in the application area,If additional space is required,attach an additional sheet) Legal Description Lot B. RE-2016: Pt. SE4 , Section 16 , Township 06 North, Range 64 West Property Address(If Applicable) NA Existing Zone District: Estate Proposed Zone District: Estate Total Acreage:73.26 Proposed#/Lots 9 Average Lot Size:_8.11 acres Minimum Lot Size:5.14 acres Proposed Subdivision Name: Owl Creek Estates FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Olando Ltd. Liability Company Work Phone#3353-8777 Home Phone#NA Email Address NA Address: 826 9 Street City/State/Zip Code Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Design. LLC Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: toddhodgesdesign[7a gwest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland, CO 80537 UTILITIES: Water. North Weld County Water District Sewer. Individual Sewage Disposal Systems Gas: Propane 11 -2 Electric:Atmos k.C1 Phone: Qwest DISTRICTS: School: RE-7, Platte Valley in Kersey Fire: Galeton Fire Proection District Post: Gill I(We)hereby deMc+and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. D(I ink%/Li y2,4hos Signature: Owner Aiilhorized Agent ate nature: Owner or Authorized Agent Da e EXHIBIT 2005-2480 1 Olando Limited Liability Company do Ed Orr and Tammy Ellerman 826 9th Street Greeley, CO 80631 To Whom It May Concern: Please be advised that We, Ed Orr, CEO and President, and Tammy Ellerman, Olando Limited Liability Company, hereby authorize Todd Hodges Design, LLC, to represent us in our endeavor to subdivide our land, Lot B RE-2016, located in the SE4 16-06-64 West of the 6th P.M., Weld County, Colorado. eei . Ed On date 9-1AJ An L, Tammy EllermaR dat e.e r V STATEMENT OF AUTHOR'. I. This Statement of Authority relates to an entity named Olando Ltd. Liability'Co., -a'Colorado limit« liability company 2. The type if entity is a • ❑ corporation O registered limited liability limited partnership ❑ nonprofit corporation O limited partnership association ® limited liability company O unincorporated nonprofit association O general partnership O government or governmental subdivision or agency O limited partnership O business trust ❑ registered limited liability partnership O trust O 3. The entity is formed under the laws of Colorado 4.- The mailing address for the entity is 826 9th Street Plaza, Greeley, Co 80631 5. The d name,or❑position of each person authorized to execute instruments conveying,encumbering, or otherwise affecting title to real property on behalf of the entity is Ed Orr, Hanauer (Optional)The authority of the foregoing person(s)to bind the entity is O not limited O limited as follows: 7. (Optional)Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172,C.R.S. Executed this 1st day of nay a Name Orr, Manager (type or print) State of Colorado ) ) ss. County of weld ) the foregoing instrument was ac before me this 1st day of Hay • 2003 by Ed Orr as manager o % � }aAi itv ro e_rninreAn ie,reP liability company \C rr IYmers my hand and official f, 4 DARELLA (-'i S BLOCH /t(, U / /rajc My commission expires: •yo a0' ir'iy dreiCt) Notary Public rte ' �� .....p • STATE 'r s • RADO DEPARTMENT OF STATE CER'fI 1CATE I,DONETTA DAVIDSON, Secretary of State of the State of Colorado, hereby certify that,according to the records of this office, OLANDO LTD. LIABILITY CO. (Colorado LIMITED LIABILITY COMPANY ) File# 19931061027 was filed in this office on June 11, 1993 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 or to conduct its affairs within this state. Dated: July 17,2003 For Validation: Certificate ID: 688267 • 3 To validate this.certificate,visit the following 1 web site,enter this certificate ID,then follow the instructions dispiayed. www,sos.state.co.usNatidateCertificate I t SECRETARY OF STATE it_L_____ Owl Creek Estates Minor Subdivision Questionnaire: Final Plat The following information is being submitted in conformance with Section 24-3-50 of the Weld County Code. 24-3-50.C A description of the type of uses proposed for the subdivision. The Owl Creek Estates Minor Subdivision proposes a non-urban residential subdivision, as defined by Section 24-1-40 of the Weld County Code. This subdivision is located north of and adjacent to State Highway 392 and approximately ''A mile west of Weld County Road 55. According to maps recognized by the Weld County Department of Planning Services, the site is not located in an overlay district. The general concept of the development is to create a non-urban scale minor subdivision that provides for single-family residential,estate and agricultural uses. The Owl Creek Estates Minor Subdivision consists of nine single-family estate lots in sizes ranging from 5.18 to 15.27 acres in size as follows in the table below. Outlot A shall be owned and maintained by the Home Owners Association as a mail box and school bus stop area. Lot Number Size in Acres Address (Approximate) 1 10.49 26641 Owl Creek Lane 2 5.85 26645 Owl Creek Lane _ 3 5.18 26640 Owl Creek Lane 4 5.85 26653 Owl Creek Lane 5 15.27 26657 Owl Creek Lane 6 6.73 26654 Owl Creek Lane 7 6.51 26650 Owl Creek Lane 8 7.21 26646 Owl Creek Lane _ 9 8.95 26642 Owl Creek Lane _ Outlot A 0.17 NA The proposed Estate zoning meets the density requirements of Section 24-1-40 of the Weld County Code and the Weld County Department of Public Health and Environment. Uses on each lot will meet the requirements of the Estate zone district as outlined in Section 24-3-400 of the Weld County Code. Industrial uses and open storage areas are not proposed in this application. The arrangement of the lots has been made in accordance with existing site features and surrounding property uses. The specific architectural styles of the principal and accessory residential structures will be selected by the individual lot owners within standard limitations as outlined in the attached covenants. The development of the site will be compatible with the architectural style of the surrounding land-uses and with the overall character of the area. A.Goal 3, Chapter 22 of the Weld County Code states, "Discourage urban-scale residential, 1 commercial and industrial development which is not located adjacent to existing incorporated municipalities." This proposal is for a non-urban minor subdivision. Any landscaping improvements within this development will be the decision of each lot owner as common open space is not a requirement for a Minor Subdivision. All species selected should be drought tolerant and suitable to the site's climate and soil types. Each property owner will be provided with the manual, Country Acres, developed by Weld County Extension Office as well as contact information for the NRCS to develop a seeding and pasture management plan for their individual lots. Entry improvements will be planted in drought-tolerant grasses and will be maintained by the Home Owners Association. An improvements agreement has been submitted with this Final Plat application. Covenants endorse WA.Goal I and WA.Policy 1. Both discuss the importance of conserving water and using native plant material and utilizing water conservation techniques. To the applicant's knowledge, endangered species do not exist on site. 24-3-50.D A summary of any concerns identified during the Minor Subdivision sketch plan application process with an explanation of how the concerns will be addressed or resolved. Pre-application meetings have resulted in support from the Colorado Department of Transportation, Galeton Fire Protection District, the North Weld County Water District and the Kersey School district, and the United States Post Office. Copies of past correspondence with such referral agencies are included in this Final Plat application. 24-3-501 The total number of lots proposed. Nine single-family Estate Zoned lots are proposed. 24-3-50.F A description of the minor subdivision circulation system, including sidewalk width, school bus stop turnaround areas, road width, type and depth of road surface, curb and gutter, valley pan, or width and depth of borrow ditches, and vehicle parking arrangement. The internal road is to be paved. The school bus stop turnaround area is illustrated on the enclosed plats. 24-3-50.G A statement describing the ownership, function and maintenance of any school site,open space or park within the proposed minor subdivision. The school access bump out, Subdivision Sign and Mail Delivery Box will be owned and maintained by the Homeowner's Association. Placement of this area is illustrated on attached plats. The sign design graphic contained herein illustrates the sign face which shall not exceed 4 x 6' in size. 2 24-3-50.I A water supply report. The report will contain written evidence that a water supply of sufficient quality, quantity and dependability will be available to serve the proposed minor subdivision,including fire protection. Such evidence may include but shall not be limited to the following: evidence of ownership or use of existing water rights; historic use and estimated yield of claimed water rights; amenability of existing rights to a change hi use; and evidence that a public water supply is available. The amount of water available for use within the minor subdivision and feasibility of extending services shall be identified, and evidence concerning potability of the water supply for the proposed minor subdivision. If water is to be supplied by a water district, municipality or other agency, a copy of a contract or some tangible guarantee shall be submitted. The potable water source for this development will be provided by North Weld County Water District. An agreement from this water district is included with application materials indicating availability and intent to serve this development proposal. Approval of the form of commitment has been obtained from the County Attorney's Office and was submitted with the Change of Zone application. 24-3-S0.J A description of the proposed sewage disposal system. The description shall include an estimate of the total number of gallons per day of sewage to be treated by public sewer or the suitability of another means of disposal if public sewer is not required. A copy of a contract or other tangible guarantee providing for adequate sewage treatment by a public sewage treatment agency shall be submitted if public sewage treatment is proposed. Individual septic systems will serve each lot. The lots are designed to meet the density requirements of Section 24-1-40 of the Weld County Code and the Weld County Department of Public Health and Environment. Septic permits will be applied for with each building permit on the site. The individual lot owners will be responsible for obtaining septic permits and for the construction of the individual systems. 24-3-50.K Letters from energy and utility suppliers indicating availability of services. Letters from energy and utility suppliers indicating availability of services are included in application materials. 24-3-50.L Copies of any covenants, grants of easement and restrictions imposed upon any land,buildings and structures within the proposed minor subdivision. Covenants and deed restrictions are included in application materials. 24-3-S0.M A copy of a Colorado Department of Transportation access permit if a road or street within the proposed minor subdivision intersects with a state highway. A copy of the Colorado Department of Transportation access permit is included in application materials. 3 24-3-50.N If applicable, a copy of an agreement signed by the applicant and representative of the irrigation ditch company. The agreement shall specify the maintenance of the ditch. Information resolving the Owl Creek issue is attached to application materials. 24-3-50.0 Proof of an existing easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the proposed minor subdivision. To the applicants knowledge,this question is not applicable. 24-3-50.P A proposed subdivision improvements agreement executed by the applicant on forms provided by the Planner. The agreement shall be made in accordance with the County policy on collateral for improvements. —AND- 24-3-50.Q If applicable, a proposed off-site road improvements agreement executed by the applicant. The agreement shall be made in accordance with Section 24-9-20 of this Chapter. An Improvements Agreement has been included in application materials. 24-3-50.R A minor subdivision final plat drainage report shall be prepared in compliance with the requirements of Sections 24-7-120 and 24-7-130 of this Chapter. This document is attached to application materials. 24-3-50.5 A certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred (500) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. A surrounding property owner list obtained from the Weld County Assessor is attached to this application. 24-3-50.T An affidavit listing the names and addresses of all mineral owners and lessees ofmineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to perform the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. A Mineral Affidavit is attached to this application. 4 243-SO.0 Minor subdivision Final Plat map. A Minor Subdivision Final Plat Map is attached to this application. 24-3-SO.V An erosion control plan, if required as a result of a minor subdivision sketch plan requirement. An erosion control plan,part of the Drainage Report is included in application materials. 24-3-5O.W Minor subdivision road plans. A complete estimate of costs shall accompany the road plan. All road plan information shall be complete and sufficient for review by the Director of Public Works. Road plans and cost estimates are attached to application materials. 24-3-50.X A certificate form the County Treasurer showing no delinquent taxes for the minor subdivision final plat area. A certificate form the County Treasurer showing no delinquent taxes for the minor subdivision final plat area is included in application materials.. 24-3-50.Y A title commitment or a title opinion covering all public dedications. This requirement is not applicable to this particular application. 24-3-50.Z A warranty deed, if required, deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the subdivision. This requirement is not applicable to this particular application. 5 Todd Hodges Design, LLC Response to Staff and Referral Agency Comments Owl Creek Estates 1 . A proposed listing of addresses for Owl Creek Estates is included in application materials to provide to the appropriate referral entities for comments. 2. Written response from the United States Post Office regarding the addresses and internal street name is included in application materials. 3. Sign Specifications are included in application materials. 4. Closure on the Owl Creek issue is included in application materials. 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775 email: toddhodgesdesign(a)earthlink.net OWL CREEK ESTATES MINOR SUBD Developer: Olando LTD Case # Z-547 (Change of Zone from Ag to Estate) PT SE4 16-6-64 ZONED ESTATE IS NOT IN FLOOD PLAIN (0635C) 9 LOTS - PRELIMINARY ADDRESSING Lot 1 26641 Owl Creek Lane Lot 2 26645 Owl Creek Lane Lot 3 26640 Owl Creek Lane Lot 4 26653 Owl Creek Lane Lot 5 26657 Owl Creek Lane Lot 6 26654 Owl Creek Lane Lot 7 26650 Owl Creek Lane Lot 8 26646 Owl Creek Lane Lot 9 26642 Owl Creek Lane Lin Dodge, Building Tech 11/10/04 11/09/2004 15:05 9703517851 PAGE 02 • • • • • Department of Planning Services • Wedd County: 918 10th St Greeley,CO 8083! , • ' To.Whom It May Concern: In regards to the 9 lot minor subdivision t7wlCreek Estates case MZ-547..I have spoken with the • • Pogmester in Eaton and he informed me that the mail boxes needed to be In a corrvnon.box outside o/the pullout area They Will furnish the box and will in noway allow for individual mailboxes. We wlpadhere to theirwlshes and put In a common mailbox rt Sincerely, • Tammy Ellerman ' • Att, r On Land Companp et+ 826 9th Street t Greeley, Colorado 80631 1 ` '1 t Ens • (970) 351-8777 Far • (970) 351-7851 Ira • crrlaadcom, 01/18/2005 14:23 9703517851 PAGE 02 /S, ZOO C cat4_ 6 ) Jo Q AaQ to O&/ C aot fa tz f ' Orr Land Company 826 9th Street Greeley, Colorado 80631 nn � L_� Bus • (970) 351-8777 Paz • (970) 351-7851 Web • orrland.com 10/13/2004 15:33 9703517£ PAGE 02 1e/13/2004 15:14 97036178 PACE e2 • • • • Oc ots 13,2004' To Wnusn t� i. . ISM Acting Kde letter i tray that t1N Oal Or(%Non will sling me eeal•'edge of OA subject .. . • property(lipid s aApbn lot 8 of 55-2010)it norm aeM etH ••• • It is used for dntt0ge•0nnf Hoissel Vitt. If you neve arty'quaNaar pleete feet sea le oire me • hank you; L•1hCh,Ridtp uidar Decker .. . .• • . • • • • • • Orrta d Company Jj`�` 826 Gth St ut• is G,eeloy,..dolor d.abet lists• (970) 351,'87771. : Paz •• (970)32-7861 Web t a0flai. 01/16/2005 14.23 9703517851 PAGE 03 -.,=-vv ua :2OP Smith Sign StMdio Q � P.O2 SMI E,,„ I Mye auftiollYerror prod reed flit copy, ® '� it is free of error end ready to be fabricated. M If ally enem remeln,Peyote my reep0neybliy „^ 21DW and3 correctionsare eeesa eary.they w3 y S1113EY X73 be done al my exporoe. P.O.Sot E6 MX 862-3080 Y.CO 80632 Sgnaure Data wwarrerspe►w.aee Its.way n.M..rr.,weay.May+..wwn in Sr i ii IAWYNAO ASS 4144 ED SIMMIS W L CREEK •� ESTATES ,ter, . s6d�'�x, Przfi'd; w , aMIRkn at; ; w ati . Sill eEMS ia MO lellaisaMilla s Allialio Todd Hodges Design, LLC Owl Creek Estates Minor Subdivision National Flood Insurance Program FIRM Flood Insurance Rate Map Weld County,Unincorporated Area Community-Panel Number 080266 0635C Revised September 28, 1982 y f7f(..1141&A i L?S ' k 1 it _-T \_ Not to Scale — • ! :./ it 16 E 1\ , , j Approxknate Site Location ` 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970) 613-8775 email: toddhodgesdesign( earthliuk.net 07/21/2004 14:12 9703517651 PAGE 18 ass Weld County Planning Departr'" Gl+`Elf:'/ OFFICE • . 'if 6 JUN 1 4 2004 Mead /3q) t r IPRIVwDH Weld % ' "Deferral WIIDe. Wi June 1, 2 rL'• COLORADO • ; fit, ' The Weld County Department of Planning Services has received the following Item for review: i ' J Applicant Olando Ltd, Liability Company Case Number MZ-547 Please Reply By June 28, 2004 Planner Sheri Lockman • I • Project Minor Subdivision Change of Zone from A(Agricultural)Zone District to E (Estate) I for nine(9)residential lots. (Owl Creek Estates). Legal Lot B RE-2016; Pt of the SE4 of Section 16, T6N, R84W of the 6th P.M., Weld County,Colorado. Location North of and adjacent to Hwy 392; 1%mile east of CR 53. er 0801 16 000070 J • applicatio 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 teemed 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 maybe 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 Commission Hearing(if applicable) August 3. 2004 a We have reviewed the request and find that it does/does not comply with our Comprehensive Plan CI We have reviewed the request end find no conflicts with our interests, CI See attached letter. Cnmments- 1451 d / r S ac{ cernCOle-KM navy.' SA vi iacidajaace_L______ • Signature 1440 . 1 a _ Date (44/04 Agency —V t DOT Ac.cos 5. • •++Wad County Planning Dept +1555 N. 17th Ave.Greeley,CO.80831 6(970)353-6100 sxt.3540 6(970)304-6498 fax 07/21/2004 14_12 #9703517851 PAGE 21 ,{LS1�, notices Design, LLC 97P...'Th3_8775 06/1B/2004 10:29 97034 p. 5 PAGE 01 STATE. OF COLORADO DEPARTMENT OF TRANSPORTATION REGION 4 TRAFFIC 142b Somme Colo9uast MM05 Colaaae loaf larDlaso-arse (070)3404248 rata ATTACH TO PERMIT MUSS nranangaCiti Access Permit Iluenfion Patois 9403050 SR 392IMP 23.490/LT June 14,2004 Patrol 4125 Tummy Ellmaan • Oa Laud Company • 826 9e Street - ... Cheeky,CO 80631 Dear Tammy: In reply to your written rogeea,this least two be your auttonsanon for the extension of Access Pawl#403050.located on State Highway(SH)392,a Mile Post 23.490 Lett. Access Pesach 0403o50 is hereby emended watt line 11,200$. Sincerely, Gloria Assistant Access Manager (970)350-2148 we; Pastoit Fdc Applicant Staff Traffic Mice Patrol(2) 07/21/2004 14_12 9703517651 notices notices Design, PAGE 20 en/18/2084 18:29 97e3C�� LLC 970—i�-877S P. 4 ,' COLORADO DEPARTMENT Or TAANSPORTAATT10Go. 83 •. STATE HIGHWAY ACCESS PERMIT - • COOT 403050 • • Sata Midway RmMPrsld. 4,. _ 392B1023.490/I. �„� . moo fee Oats baeMnabd Rapiewseeai. s s Leal Jeanine. 100.00 06/05/2003 . 04/01/!5 . .- Weld Coteay • y Ill The Pennfaae(s); Applicant Ref No.2003 . Olsndo,LLC Rd Orr • 626 9th Street 826 9th Strom (heeler,CO 80631 • 970-351-6777 970-3aya CO 80631 518777 . 970-3 da Y hereby granted perlwlaien in Nave an MOMS m NM S.highway el ale Madan nosed below.The as alga be eeMwotid,maNWn ed and used In Mr sorcidance with its Peron.ywwdng mu 9rs Iegwusy Amass Cede and any el4mnwnh,lent.,mndltlene elw aewtbM.This eby cold tl g aulhodry n at ehy i na die p•nuleed seems aid Ile u.a eldfel.any pans rice panelt The Issu Perna may n riveted app aean[s Me wl0 erreldhy,el.Willa at end sr .of la Me erne. .mpMyses ataa e»MAd ilerrrlNM a0aarr am.alo,i for pareenel vial'er ProPeiq'emop..medrrse M naaon el th.aunsu a - Location:. The eaten is to be located ea Sete Highway 392,s diaano of 2,577 feet cut from Mite post 23 0o the worth/loft Ada. ,..• -• Access to Provide service to: .^.•.—�... - . • • Single-Pandly Detached Heualng...,, ..-__._.._-_.—_ �_ 9 Seeh 100.00% S Other terms and condiionk: A e See Attached Pagel 2 and 3 sod Other Enclosures for Additional Tenor aid CmadnbM. • • O . .. I MUNICIPALITY OR COUNTY APPROVAL • ill Required only when the appropriate local authority mains Issuing eulhenty. - • "'AI 2Y Ioele • TIM de x • Upon the signing of this permit the permute*agrees to the terms and conditions and referenced etlsohments contained herein.All commence shell be completed In en expeditious and safe manner anti shall be finished within 45 days from r initiation.The permitted access thee be completed in accordance with du terms end conditions of the aerial prior to • being used. •• The p.rmfltee'hail notify Tim McCann with the Colorado Department of Transportation In Greeley at 8704504147 at least 48 hours prior to eotnmendnp construction within the Sate Highway right-of.way. -da The Penn a0mng se ea peneltM must M M owner or legal repn.Mrasthe./the ptcpere a.ryad by the osnnalw.Mss ant itew Na awes,le iiii meted the perms and Nit linnet use saliva,.. :2512 ,( ) �. by Q Uproar- Datse era /3. ` This permit 10 not valid until signed by a duly authorized representetive of the Department. S COLORADO DEPARTMENT OF TRANSPORTATION TUN 04. (x) l�_. /1 t /&3 Anal...Aram Manager C.ty. 1 aloe: aaadnit teat.coal tie wwetbei y Itc • Fieuwee limn eta Sass.awe may i n be weal - two Amish Iwi..aa COOT Pmm.1N Wee ..1r tiff*cam excel sate eweTrM.Endnesr 0 • r� 07/21/2004 14:.12..,..970351.47A PAGE 19 lodges Design, LLC 970^13-0775 06/18/20e4 10:29 97035: A p- 3 • PAGE 02 • • • • [J Colorado l3apelllnent of TreMportelbn- \. Q.1r it 14202 . \ , _ ' G' ete ,CO 00631. ..•.ri. './ • June 8.2004 • To Wham If Mtay Cortodm. in reference tn.permit number 403050,access permit for Mingo,LLC on Hwy 342.We are . . requesting a are-year erbnibn: The reason for SO eXtenslen Is due to the long proceed of 'hearings end enelmseen orthersubstanls change and now tpeiings on the change of zone for the propoasd yrsJae6"If you hive any concerns please contact me at 070,530.8778. • SI TAnmy.Brernien Olertdo,LLC , • • • • • • Orr Land, Company. CreeLic Colorado 90631 • • Bea. . (970) 3519777 Fax • (970)351-7851 web • orrlesdam 2970 2981 Sheet,Unit 818 Petroleum 90631 Development Phone: (970)508-9272 Corporation Fwc: (970)508-9276 August 18, 2003 On Land Company Attn: Ms. Tammy Ellerman 826 9th Street Greeley, Colorado 80631 RE: Owl Creek Estates Minor Subdivision Township 6 North,Range 64 West,6i°P.M. Section: 16: SE/4 Weld County,Colorado Dear Ms.Ellerman: Petroleum Development CoipuLation("PDC")is in receipt of the proposed location of the above-mentioned subdivision. Please be advised that PDC currently has two (2) wells that are in production within the SE/4 of T6N-R64W, the State Trace 8143-16 well and the State 81 44-16 well. The proposed subdivision does not appear to interfere with PDC's current operations or our access to these sites. Therefore, PDC does not object to the development of the proposed subdivision. However, PDC does reserve the right to ingress and egress at all times for all of PDC's wells and production facilities that are currently in operation in this area. If you need any additional information or have any questions,please do not hesitate to give us a calL Sincerely, 01(-0(-2zthn - Land Administrator �.. C f!• - Si:23214e Olando LLC Tammy Ellerman 826 9th Street Greeley,CO 80631 Dear Tammy, We have reviewed the map for the proposed 9 lot minor subdivision. We feel that two 6"fire hydrants would be sufficient to provide adequate fire suppression for the 9 lot subdivision. We would like one hydrant to be placed at the entrance of the subdivision,and be easily accessed from State Highway 392. The second to be located at the north end of the access road also made to be easily accessed. We have marked these two locations on the map that you provided for us. If you have additional questions,please feel free to call meat 970-302-8923. Sincerely, Clint I Heidenreich Galeton Fire Chief P.O. BOX 697 Galeton, Colorado 80622 JAN-20-2005 12:16 FRY:NORTH STAR DESIGN 9706861188 TO:1970613irr5 P.2 Jan 20 2005 11:30RM Wpad Counts School Distri 970-336-8511 p. 2 Matte @Ychool WEIR COUNTY DISTRICT RE-7 P.O. BOX 485-KERSEY,COLORADO 60644-970133613500•FAX 970/336-851 I E.GLENN McCLAIN.SUPERINTENDENT January 19,2005 Weld County Planning Department C/o North Star Design Shane Boyle 700 Automation D4ve,141ni(.J.- Windsor,CO841$0. • _ ,if' . RE: Owl Creek Estes 'y' : .,..t Platte Valley Scheelli lighd,f,Or dlC rallasin acilis m`regard to the Owl Creek Estates. In the past we td,1*I ' O • Requeet the development have a u(iiriiatu of a-100-oat turn around point where the driveway to the subdivision its to lfovy 392. This is necessary to safely pickup and drop off passengers.irkt s as area without backing up or stopping the bus on the Hip way during inclement Weather conditions. there is no door-to-door seryice,,fd1"subdivisions ante thu area is'to be maintained by the subdivision pmp'e°ttyoWdI in all wdbtbms oksdittons. we would ask that you provide a safe place offoO waJ»» tilx�W��abesafe for all students while waiting for the Was. • sf Ftttat3t s4op Si etthes-the east or west depending on I r5f'7 sci - ;1s a . '4 Ins my `j td Ptmxx tg,have.beensejeotedby CDOT and Weld County. I am disappoiineolu _ij&trettrty_;O Tito discuss the matter regarding school bus operations,a ylltiti gldf the:MtJa fnEeither entity operates a pupil transportation hf5 kMf s I { ;s4..t7 ystem. <,• .5 J Mr. Boyle of North Stait" us the most recent attached plan. The plan allows sufficient space foiSell turn around. The Platte Valley School District, Weld Re-7 will continue to art4e oittpupil transportation system according to current State laws and best practicesflj ling school bus operations and student pick up. This will be done in an effort to be ye the Students and community of our district. Safety of students is our primary objecdl -when_,Cotsidering school bus stops, student pick-ups, and drop-offs. , r We remain available to discuss schodlbus operations including student safety, location of student pick-up and drop-off locatiot'4s, and future planning for subdivision development with the Weld County Planning"Dcpartment and the Colorado Department of Transportation. - �icvuti &4ec LCGO/L. . . �Clllli %a 236 cS4 9 JAN-20-2005 12:17 FROM:NORTH STAR DESIGN 9706861188 TO:19706138775 P.3 Jan cu CUUD IA ; aunty acnool u174r-I a•u-a9.2-oaa 1 rr. a • Also the cash-in-lieu for each lot/building site still remains in effect as stated on the original plans. If you have any questions please feel bee to contact my office. 970-336-8500. Sincerely, 54 C_72 E. Glenn McClain Jr. Superintendent cc: Board of Education,Platte Valley School District, Weld Re-7 Jan Brummond,Business Services Director John Christman,Fleet Operations Manager 1 �V Catte U., alley cechool WELD COUNTY DISTRICT RE-7 P.O. BOX 485- KERSEY. COLORADO 80644- �3P 3 O-AX 970/33685 I I E.GLENN NTENDENT June 2,2003 Olando L.L.C. Ed Orr 826 9s`Street Greeley,Co 80631 RE: Owl Creek Estates—9 lots to the district as you work on the subdivision on Highway 392. you for your submitting your proposal become problems. Communication helps eliminate any questions before they we would request that a minimum of a 100 foot turn around point At the present time,for this development,driveway This is and drop off p near a Highway 3a without i included inuporstopping during inclement weather passengers in this area backing up or stopping the bus on the Highway conditions. There is no door-to-door service for subdivisions and this area is to be maintained by the subdivision property owners in all weather conditions. We would ask that you provide a safe place off of approach the stop for the bus. The bus will Highway 392 that would be safe for all students while waiting from either the east or west depending on AM or PM rates. Also,as you begin the formal application you will need to consider the land dedication/cash-in-lieu agreement that we have with the country that requires each new residential property to pay the district $750.00. Enclosed you will find the board resolution and policy. We wish you the bat in getting this subdivision off the ground and again we appreciate your thoughtfulness talking about your concerns before they become a problem. Please keep in touch with John and myself if we can be of help. Sincerely, C't+e) Glenn McClain Superintendent ...%/ 4/ Sq4 /0,,. mil. RESOLUTAON OF TILE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS,growth in residential land development and the construction of new residential dwellings within the "District")necessitates theacquisition boedatica of the Weld County School District RE-7(the the corresponding in iii nt ofadpopulations; tiorw)public school sites to accommodate espondin i student population,,and lieu of lR WHEREAS,catMas �lead dedications forpublic school sites,or payments in wilt provide a portion of the land to mom such demand;and WHEREAS,planning departments within the various local ov territory within the Mirka routinelyrefrrappliealiutq rotating to new development for review and comments concerning the adequacy of public school sites and facilities;and WHEREAS,local governments are encouraged and authorized to cooperate with other units of government,pursuant to Section 29-20-105,C.IZS.,for the purpose of planning orr regulating development of land,including,but not limited to,the joint exercise ofplanning,zoning,subdivision,buildin g,and related regulations;and WHEREAS,in an effort to promote further cooperation between the District and other local governments krconnection with the issuance of residential land development approvals,and in the mitigation of the impacts of such residential land development. approvals on the District's ability to provideadequate to adopt a uniform policy with respect ratischoonl.the suDisch local ot has determined in the referral to its reconvncrtdatinas to such governments process;and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication;and WHEREAS,the policy set forth within constitutes areasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW. WHEREFORE,,the Board of Education of Weld County School District RE-7 hereby results as follows: r-�mRtP- . Coo lion wiri l ocnl fovernments Encouraged. The ability of the District to provide adequate educational opportunities trit upon,among other matters,the avaibilit of fder i adequate student populationithe is alternative dg the availability of funds to purchase at tate land_ Since the land,or v the residential the availability of funds to purchase at talc lan& Since the approval of residential lan development applications by locals .enunents with territory within the boundaries or -the District substantially impacts the District's ability to meet its obligations to the public, the District shrill encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall • encourage and request that such local governmau entities consider the Disuiers.' • comments in conjunction with the review and-procosting of each hidividual residential development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments,recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government 2. Land Dedication.Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District,the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District,through its Superintendent or designee,has determined that the best interests of the District would be served-by the payment of the fees set forth in paragraph 3 hereof,in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of:(a)10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. I Fees in Lieu of Dedication. In the event the District,through its Superintendent or designer,determines that dedication of land is not in the best interests of the District,the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The ices shall'be calculated as follows:(a)5750 for each new single-family residence;(b)S585 far each unit in a duplex or triplex;and(c)5420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-!Grad Contributions. The District shall'be authorized to accept in-kind contrbtniots in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof,provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should be dedicated to the District,the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has cbnvcycd title to the District by general warranty deed,free and clear of all liens,encumbrances and exceptions(except those approved in writing by the 2 District), including, without limitation;real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of.the dedicated property. 6. Fees in Lieu of Dediearion Procedures. determines that foes should be an event that District District recommend andrequest that paid in lieu:ofdcdication of land,the shall local government before recording rho foal plat for any development,g ernment require proof that the property owner has either the the District the applicable fee based on the total number of paid in full to the l eft,or alternatively,drat an aJ;r ementhes been units�op°�for the devclo rtstdential a party in interest acceptable to the District whichbetween the District and such fees upon-such tarns and conditions as the provides fmay or tuallyrs ree upoof n. iof shall be an acceptable method of payment,for purposes of such �'',uor the h to be paid as building permits are issued. its.for fees 6. xdr' °ns. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities;accordingly they arc exempt Gram land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling;(b)assisted living facilities for the elderly;(c)construction of any building=structure intended for and used for limited tenets of example and not by way of limitation,bed and stays,nil -care r way group-care homes,boarding or rooming houses, breakfasts,moo' ls.motel ro or hospices;(d)construction of any nursing homes. and motels or construction ofan urea-residcntiarboilding or structure;and(c) y residential building or structure classified as pa-sons,pursuant to the Federal Fair Housing Act housing for older then in effect �. Use of Fund The District stall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution With respect to funds received,the District shall use such funds solely for acquisition,development,or planning,sites- expansion of public schoofsites or for capital facilities ecquisition,or capital outlay purposes. The timing,&nature,method and extent of such planning,acquisition,development the District. or outlay shall at the discretion of S. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a sutnmary and description of the status of recd in lieu of land dedication,so that full disclosure of the receipts land or fees such receipts may be made public Dies ae6vities with respect to 9. Further Actions. The District hereby authorizes its Superintendent,and such other employees,agents or consultants of the District as the Superintendent shall so designate,to proceed to•contact local government entities with territory located within the boundaries of the District in order to inform such entities of the Districts adopted policy. 3 l•unhet, in order to ensure the long-tern;integrity of the policy set forth in this Resolution, such parties arc authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS DAY OFNrft rim .2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President.Board of Education ATTEST By: Secretary,Board of Education 4 Report Date: 05/09/2005 02:36PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7412598 /"--1/4 ASSESSED TO: OLANDO LTD LIABILITY CO 826 9 ST PLAZA#200 GREELEY, CO 80631 LEGAL DESCRIPTION: PT SE4 16-6-64 LOT B REC EXEMPT RE-2016 (.57R) SITUS: WELD PARCEL: 080116400070 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 313.32 0.00 0.00 313.32 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/09/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0740 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 109.56 AGRICULTUR 18,943 5,490 SCHOOL DIST RE7 24.187 132.78 NCW WATER 1.000 5.49 TOTAL 18,943 5,490 NWC WATER 0.000 0.00 GALETON FIRE 1,939 10.64 AIMS JUNIOR COL 6.328 34.74 WELD LIBRARY 3.249 17.84 WEST GREELEY CONSERVATION 0.414 2.27 TAXES FOR 2004 57.074 313.32 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 TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1. ,0••••••.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. Signed ju'-n D i Date: /9/lJ_ IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of May, 2005, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners,hereinafter called "County," and Olando Ltd.Liability Co.,hereinafter called "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: SE IA, S16,R64W, 6'"P.M. WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known as Owl Creek Estates has been submitted to the County for approval; and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits "A"and"B"of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 1 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5\AJ73O1OTPUBLIC IMPROVEMENTS AGREEMENT.DOC 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of- way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit "B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on Revised 03/09/2004 CADOCUMENTS AN ETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.E5\AJ73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit,action or claim whether the liability,loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees,or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing arrPss to the Subdivision or Planned Unit Development are not adequate in structural capacity,width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider,applicant,or owner shall reimburse the original subdivider,applicant,or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the Revised 03/09/2004 CADOCUMENTS AND SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5\AJ73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC original development. Evidence that the original subdivider,applicant,or owner has been reimbursed by the subsequent subdivider,applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions, Resubdivisions,or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of 4 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5\AJ73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall,upon request by the applicant,inspect the subject streets,and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6)months of the Final Plat approval. If acceptable collateral has not been submitted within six (6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the Revised 03/09/2000 C:\DOCUMENTS AND5SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5\AJ73o1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A"and"B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and "B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Revised 03/09/2004 C:\DOCUMENTS AND6SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET PILES\CONTENT.IES AJ73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC Letter of Credit shall remain in full force and effect until after the Board has received sixty (60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 7 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\USERV.OCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IES\AJ73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company,special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. Revised 03/09/2000 CADOCUMENTS AND8SETTINGSNUSEMLOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5WJ73OIO7\PUBLIC IMPROVEMENTS AGREEMENT.DOC 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage, as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APP C D.LIABILITY CO. By � ETOrr, Manager Subscribed and sworn to before me this day of May,2005. My Commission expires: June 18, 2005 Notary Public QQ Revised 03/09/2004 CADOCUMENTS ANISSETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE5\A.173O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board , Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney ((�� Revised 03/09/2004 C:\DOCUMENTS ANA2ETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENTJE5\AJ73OIO7\PUBLIC IMPROVEMENTS AGREEMENT.DOC EXHIBIT"A" Name of Subdivision or Planned Unit Development: OWL CREEK ESTATES Filing: N/A Location: SE 1A, S16,R64W,6'u P.M., Weld County, CO Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Costs Construction Cost Site grading 23,350 YDS 1.25 29,187 Street grading 2,500 YDS 1.25 3,125 Street base 3,300 TON 15.00 49,500 Street paving 1,470 TON 45.00 66,150 Curbs,gutters,and culverts 375 LF 47.00 17,625 Sidewalk Storm sewer facilities 8 EACH 600.00 4,800 Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water Mains (includes bore) 1,600 LF 25.00 40,000 Fire hydrants 2 EACH 2,000.0 4,000 Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 214,387 Engineering & Supervision: $3,000 (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual 00, construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $214 387 11 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\ALL USERS\DOCUMENTS ISHARE\TAMMY\OWL CREEK\PUBLIC IMPROVEMENTS AGREEMENT.DOC The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. .-- Said improvements shall be completed according to the construction schedule set out in Exhibit"B." B9._ L:d k)LTD. . ABILITY CO., Applicant Cc Ed Orr,Manager Date (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) • r. 12 Revised 03/09/2004 C:\DOCUMENTS AND SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IE541J73O1O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC EXHIBIT"B" Name of Subdivision or Planned Unit Development: Owl Creek Estates Filing: N/A Location: Highway 392 and WCR 55 All improvements shall be completed within three (3) years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 9 months Street grading 10 months Street base 11 months Street paving 1 year Curbs,gutters, and culverts 1 year Sidewalk Storm sewer facilities 1 year Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains 1 year Fire hydrants 1 year Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: f� 13 Revised 03/09/2004 C:IDOCUMENTS AND SETrINGS\USERILOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IES\AJ73O1O71PUBLIC IMPROVEMENTS AGREEMENT.DOC The County, at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. LTD. ABILITY CO.,Applicant Orr, Manager Date (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) I-- 14 Revised 03/09/2004 CADOCUMENTS AND SETTINGS\USER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.IERAJ73O 1 O7\PUBLIC IMPROVEMENTS AGREEMENT.DOC Page l of 1 Ellen Hine • From: "Lee Morrison" <lmorrison©co.weld.co.us> To: "Ellen Hine" <hine@orrland.com> Cc: "Kim Ogle" <kogle@co.weld.co.us> Sent: Thursday, January 06, 2005 3:55 PM Attach: DRAFTCOV.DOC Subject: RE: Owl Creek Estates Homeowner's Association Attached covenants are acceptable 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." From: Ellen Hine [mailto:hine@orrland.com] Sent: Monday, November 29, 2004 12:11 PM To: Lee Morrison Subject: Owl Creek Estates Homeowner's Association Per Tammy Ellerman -attached are the Covenants for Owl Creek. Ellen L. Hine Office Manager Orr Land Company 970-351-8777 3/23/2005 toes• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OWL CREEK ESTATES (A Common Interest Community) THIS DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS(the "Declaration") is made on the date hereinafter set forth by Olando Ltd. Liability Co., a Colorado limited liability company, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State of Colorado, as described on Exhibit A attached hereto. WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan: (I) to protect and enhance the quality, value, desirability, and attractiveness of all property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to perform certain functions for the benefit of Owners of Property which may become subject to this Declaration; (ill) to define duties, powers, and rights of the Association; and (iv) to define certain duties, powers, and rights of Owners of Property subject to this Declaration with respect to the Association and with respect to the functions undertaken by the Association. NOW, THEREFORE, Declarant for itself, its successors and assigns, hereby declares that all property herein or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part thereof shall,from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration thereof: all of which shall run with the title to such property and be binding upon all parties having any right, title, or interest in said property or any part thereof and upon their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each party having any such right, title, or interest in said property or any part thereof. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings: Section 1. Act shall mean and refer to the Colorado Common Interest Ownership Act Colorado Revised Statutes, §38-33.3-301, et. seq., as presently enacted or subsequently amended. Any reference in the Association Documents to the Act or a section of the Act shall refer to the Act as presently enacted or subsequently amended. Section 2. Agency shall mean any agency or corporation that purchases or insures residential mortgages. Section 3. Architectural Design Standards shall mean design standards adopted by the Architectural Review Committee from time to time that govern the quality of workmanship, color of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation and the master drainage plan and all other appearances of buildings and structures in the Project. The Minimum Architectural Design Standards are set forth in Exhibit "B" attached hereto. Section 4. Articles shall mean the Articles of Incorporation for Owl Creek Estates Homeowners Association, Inc., a Colorado nonprofit corporation, and any amendments that may be made to those Articles from time to time. Section 5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget. Section 6. Assessments shall mean the Annual, Special, and Default Assessments levied pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as defined under the Act. Section 7. Association shall mean Owl Creek Estates Homeowners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. Section 8. Association Documents shall mean this Declaration and any Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules, regulations, Architectural. Design Standards, or policies adopted under such documents by the Association. Section 9. Builder shall mean any person who acquires from Declarant one or more Lots for the purpose of constructing thereon a building and. selling such building, together with the Lot upon which it is situated to any member of the general public. Section 10. Bylaws shall mean the Bylaws adopted by the Association, as amended from time to time. Section 11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of Weld, State of Colorado. 2 Section 12. Common Elements shall mean all real and personal property, , now or hereafter owned by the Association for the common use and enjoyment of the Owners. Common Elements shall also mean and refer to any and all personal property and Improvements owned or leased by the Association and shall include, by way of example but without limitation, any exterior signage which identifies the subdivision, the bus stop, exterior lighting, irrigation systems (including ditches and culverts), recreation equipment, and any other personal property owned by the Association. The Common Elements are to be devoted to the common use and enjoyment of the Owners (subject to the provisions hereof) and are not dedicated for use by the general public except as indicated on the subdivision Plat and the real estate records of the Clerk and Recorder of Weld County, Colorado. Common Elements shall be owned by the Association. In no event shall the Common Elements fail to be transferred to the Association on a date which is not later than sixty, (60) days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns to third party purchasers. Each Owner and his or her guests may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or. her deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules and Regulations. Section 13. Common Expenses shall mean: (I) all expenses. expressly declared to be common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Elements_ (ill) insurance premiums for the insurance required or permitted under this Declaration; and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be assessed exclusively against those Units benefitted. Section 14. Declaration shall mean this Declaration and the Plat and amendments and supplements to the foregoing. Section 15. Executive Board shall mean the governing body of the Association. Section 16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. 3 Section 17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. Section 18. Improvements shall mean and refer to all improvements now or hereafter. constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks, landscaping, fencing, irrigation systems (including ditches and culverts), and parking areas within the Project. Section 19. Lot shall mean and refer to any numbered area of land designated for separate ownership or occupancy as shown on the recorded Plat. Lot shall also mean a "Unit" as defined in C.R.S. §38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any Common Elements including outlots. Section 20. Manager shall mean a person or entity engaged by the Association to perform certain duties, powers, or functions of the Association, as the Executive Board may authorize from time to time. Section 21. Member shall mean and refer to every person or entity that holds membership in the Association by virtue of the ownership of a Unit. Section 22. Mortgage shall mean any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. Section 23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. Section 24. Notice shall mean and refer to: (I) written notice hand delivered or sent by prepaid United States mail to the mailing address of a Unit or to any other mailing address designated in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice through an Association publication which is hand delivered or sent by prepaid United States mail to the Units; or (ill) notice delivered by electronic mail or facsimile to an Owner at the electronic mail address or facsimile number designated by the Owner. Section 25. Owner shall mean any person, corporation, partnership, association, contract seller, or other legal entity or any combination thereof, including Declarant, who owns the record fee simple interest in a portion of one or more Lots. The term Owner shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having. an ownership interest in any portion of a 4 Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. Section 26. Parcel shall mean each platted, numbered, and recorded division of vacant land as depicted on the Plat. Section 27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the real estate records of Weld County, Colorado, depicting any portion of the Property subject to this Declaration. Section 28. Project shall mean the common interest community created by this Declaration and as shown on the Plat. Section 29. Property shall mean the real property described in Exhibit A. Section 30. Related User shall mean any member of the family of an Owner who resides with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants, tenants, and contract purchasers residing in a Unit. Section 31. Rules and Regulations shall mean those rules and regulations as may be adopted by the Board of Directors for the management, preservation, safety, control and orderly operation of the Project and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. Section 32. Single Family shall mean an individual living alone, or any number of persons living together as a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than two(2) unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or legal custodial relationship. Section 33. Successor Declarant shall mean any person or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. Section 34. Supplemental Declaration shall mean an instrument which amends this Declaration. Section 35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any change in the Project through a Supplemental Declaration. 5 Section 36. Undefined Terms. Each term not otherwise defined in this Declaration, including the Plat, shall have the same meaning specified or used in the Act. Section 37. Unit shall mean a physical portion of the common interest community which is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not include any Common Elements including outlots. ARTICLE II - NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTERESTS Section 1. Name. The name of the Project is Owl Creek Estates.The Project is a planned community pursuant to the Act. Section 2. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Weld County, Colorado, and is more particularly described on Exhibit A. Section 3. Expansion Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration may not be expanded. Section 4. Maximum Number of Units. The maximum number of units is nine (9). Section 5. Identification of Units. The identification number of each Unit is shown on the Plat. Section 6. Allocation of Interests. The Common Expense liability and voting in the Association are allocated to each Unit as follows: a. The percentage of liability for Common Expenses shall be determined by using a formula in which the numerator is one (1) and the denominator is the total number of Units subject to this original Declaration, or subject to this Declaration from time to time; and b. There shall be one (1) vote per Unit. 6 ARTICLE III - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS Section 1. Association Name. The name of the Association shall be Owl Creek Estates Homeowners Association, Inc. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. Section 2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units tree from any such right. Section 3. Membership. The Association shall have one class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Except as otherwise provided for in the Association Documents, each Member shall be entitled to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. Section 4. Voting. There shall be one vote per Unit. Section 5. Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association during the period of Declarant Control. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove directors and officers, be approved by Declarant before they become effective. Section 6. Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records„ and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. Section 7. Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers,functions, or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the 7 r Executive Board. Section 8. Cooperation with Other Associations. The Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with other homeowner association( s) and/or any district(s),to share the costs and/or responsibility for any maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement for any person(s) in consideration of payment or reimbursement therefor, to utilize the same contractors, subcontractors, managers or others who may perform services for the Association, any other homeowner association(s) and/or any district(s), Of to otherwise cooperate with any other homeowner association(s) and/or any district(s) in order to increase consistency or coordination, reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and/or any other homeowner association(s) and/or any district( s), as the Executive Board may determine in its discretion from time to time. Additionally,the Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with any other homeowner association(s) and/or any district(s) to collect assessments, other charges or other amounts which may be due to such entity and to permit any such entity to collect assessments, other charges or other amounts which may be due to the Association; in any such instance, the Association shall provide for remittance to such entity of any amounts collected by the Association or to the Association of any amounts collected by such entity. Section 9. Rights of Action. The Association on behalf of itself and any aggrieved Owner, shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this section,the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses, including attorney fees in connection with such arbitration or judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. Section 10. Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act, and by the Colorado Revised Nonprofit Corporation Act. 8 ARTICLE IV - POWERS OF THE EXECUTIVE BOARD Section 1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may act in all instances on behalf of the Association, to: a. Adopt and amend bylaws and rules and regulations and Architectural Design Standards; . b. Adopt and amend budgets for revenues, expenditures and reserves, and collect Assessments; c. Hire and terminate managing agents and other employees, agents, and independent contractors; . d. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project; e. Make contracts and incur liabilities; f. Regulate the use, maintenance, repair, replacement, and modification' of Common Elements, if any; g. Cause additional Improvements to be made as a part of the Common Elements, if any; h. Acquire, hold, encumber, and convey in the name of the Association any right, title, or interest to real or personal property, except that Common Elements, if any, may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of the votes agree to that action and if all Owners of Units to which any Limited Common Element as defined in the Act ("Limited Common Element"), is allocated agree to convey that Limited Common Element or subject it to a security interest; Grant easements, leases, licenses, and concessions through or over the Common Elements, if any; j. Impose and receive any (payments, fees or charges for the use, rental, or operation of the Common Elements, if any; k. Impose charges for late payment of Assessments, recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after Notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; 9 Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments; m. Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; n. Assign its right to future income, including the right to receive Assessments; o. Exercise any other powers conferred by the Declaration or Association Bylaws; p. Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; q. Delegate powers to a master association as provided in C.R.S. §38- 33.3-220. If powers are delegated to a master association, the executive board of the master association must be elected pursuant to C.R.S. §38-33.3-220. r. Merge or consolidate the project with another common interest community of the same form of ownership. s. Exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE V - MECHANICS' LIENS Section 1. No Liability. If any Owner shall cause any material to be furnished to their Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any circumstances be liable for the .payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials to their Unit. Section 2. Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing thereof: and further shall indemnify and hold all the other Owners and the Association harmless from 10 and against any and all costs, expenses, claims, losses, or damages including, without limitation, reasonable attorney fees resulting therefrom. Section 3. Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Unit or Units. ARTICLE VI - EASEMENTS Section 1. Recorded Easements. The Property shall be subject to all easements as shown on any Plat, those of record, those provided in the Act (including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. Section 2. Utility Easements. There is hereby created an easement as denoted on the Plat for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement includes future utility services not presently available to the Units which reasonably may be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment within such easement on any of the Units. Section 3. Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by Declaration or otherwise, utility and other easements, permits, or licenses over the Common Elements, if any, for the best interest of all the Owners and the Association. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the Common Elements, if any, and Limited Common Elements, if any, appurtenant to that Owner's Unit, which right shall be appurtenant to the Owner's Unit, and which right shall be subject to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by the Association. Section 4. Use of Easement Area. Within reserved easements, as shown on recorded Plats, or herein reserved, there shall be no structure, tree or shrub planting, or any other material installation which may damage or interfere with the installation or maintenance of utilities such as plumbed gas or water lines, wired electrical, cable television, or telephone utility lines. A Unit Owner shall not alter, inhibit, or change the direction of water flow in drainage channels established in said easements or in any way that discharges drainage onto adjacent Units. The easement area of each Unit and all Improvements in it, including fences, shall be maintained continuously in good repair by the Owner of said Unit, except for those Improvements for which a public utility shall be 11 responsible. It shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any known flaws, defects, or damage to any utility improvements on said Owners Unit. Section 5. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. ARTICLE VII - MAINTENANCE Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Unit, landscaping, grasses, and plants, fencing and any structures or buildings thereon, including the fixtures thereof to the extent current repair shall be necessary in order to avoid damaging other Units and to maintain a good appearance for the Project. Section 2. Maintenance by Association (except as set forth in Article VII, Section 1). The Association shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat, including any drainage structures or facilities and any fences. constructed by Declarant and such maintenance and repair shall be the Common Expense of all Owners. This maintenance of the Common Elements shall include, but shall not be limited to, upkeep, repair and replacement of all landscaping, walls, fences, gates, signage, irrigation systems, private streets, and Improvements located in the Common Elements. The Association may, but shall not be obligated to, remove snow from the private street when the Association determines the amount of snow justifies the cost of removal. In the event the Association does not maintain or repair the Common Elements, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. Section 3. Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally. If maintenance is necessitated by damage caused by the negligence, misuse, or tortuous act of an Owner or Owner's agent,then the person or Owner causing the damage shall be responsible for the repair and expense. ARTICLE VIII - INSURANCE Section 1. General/Insurance Provisions. The Association shall acquire and pay for, out of the Assessments levied in accordance with this Declaration, any insurance policies required by the Act and such other insurance as the Executive Board may, within its discretion, determine desirable for the protection of the Common Elements, if any. Such insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S.§38-33.3-313(4)(a)-(d) which are as follows: 12 a. Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association. . b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household. c. No act or omission by any Unit Owner, unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. d. If, at.the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the: Association's policy provides primary insurance. Section 2. Property and Commercial General Liability Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall maintain, to the extent reasonably available: a. Insurance on Common Elements. Property insurance on the Common Elements and also on property that must become Common Elements for broad form covered causes of loss, except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. b. Commercial General Liability Insurance. Commercial general liability insurance in a minimum amount of one million dollars ($1,000,000) or otherwise larger amount deemed sufficient in the judgment of the Executive Board against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the Executive Board,the Association,the management agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as the Unit Owner and board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. Section 3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees, independent contractors, employees, and on the part of all others, including any Manager hired by the Association, who. handle or are responsible for handling the funds belonging to or administered by the Association. In addition, if 13 responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees, and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees" or similar terms or expressions. Such fidelity bonds shall be a minimum of an amount equal to three (3) months Assessments plus replacement reserves. Section 4. Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. Section 5. Notice. If any insurance required by this Article is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. Section 6. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. Section 7. Other. An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit. ARTICLE IX - ASSESSMENTS Section 1. Obligation. Each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association: (I) the Annual Assessments; (ii) Special Assessments; and (iii) Default Assessments. Section 2. Budget. Within ninety (90) days after the adoption of any proposed budget for the Common Interest Community, 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 the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Owners. 14 Section 3. Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any. expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common Elements, if any, routine repairs. replacements and renovations within and of the Common Elements, if any,wages, common water and utility charges for the Common Elements. if any. legal and accounting fees. management fees, expenses and liabilities incurred by the Association. under or by reason of this Declaration, payment of any default remaining from a previous Assessment period, and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general. routine maintenance. repairs and replacement of Improvements within the Common Elements. if any. on a periodic basis,as needed. Annual Assessments shall be payable in monthly. installments or on such other dates as the Executive Board determines.. The. omission or failure of the . Association to fix the Annual Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right. but not the obligation; to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. Section 4 Apportionment of Annual Assessments. The Common Expenses shall be allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of Assessment. provided however that the Association reserves the right to allocate all expenses related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on which a certificate of occupancy has been issued pursuant to C.R.S. §38-33.3-315(3)(b), as amended, since such Lots do not receive certain benefits including the same services as other Lots. The lower rate of Assessment against such Lots shall be determined by the Board based upon the costs and expenses of the services actually provided to such Lots. Section 5. Special Assessments. In addition to the Annual Assessments. the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part,the cost of any construction or reconstruction, unexpected repair or replacement of Improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration. This Section shall not be construed as an independent source of authority for the Association to incur expense, but shall be 15 construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners according to their allocated interests for Common Expenses, subject to the right of the Association to assess only against the Owners of affected Units any extraordinary maintenance, repair or restoration work on fewer than all of the Units which shall be borne by the Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the value of a particular Owner's Unit or the actions of a particular Owner (or his agents, servants, guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than ten (10) days after such notice shall have been given. Section 6. Default Assessments.All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date. Section 7. Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special, or Default Assessment,which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency in such amount as the Association deems appropriate; b. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish; c. Suspend the voting rights of the Owner during any period of delinquency; d. Suspend the rights of the Owner, and the Owner's family, guests, lessees, and invitees, to use Common Element facilities during any period of delinquency; e. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; •r- f. Bring an action at law against any Owner personally obligated to pay 16 the delinquent Assessments; and g. Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unit shall constitute a lien on such Unit. The Association may institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as provided in C.R.S. §38-33.3-316. Section 8. Personal Obligation. Each Assessment against a Unit is the personal obligation of the Owner of the Unit at the time the Assessment became due. Any Owner shall be liable for the unpaid assessments, penalties and interest thereon and all costs of collection, including reasonable attorneys' fees. No Owner may exempt himself from liability for the Assessment by abandonment of his Unit or by waiver of the use or enjoyment of all or any part of the Common Elements, if any. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. Section 9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. Section 10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board, the Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail,first-class postage prepaid, return receipt, to the Association's registered agent or Manager, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Executive Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to 17 assert a lien upon the Unit for Unpaid Assessments which were due as of the date of the request. Section 11 . Maintenance of Accounts; Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer, or disbursement of Association funds to other persons or to a Manager, then such other persons or Manager must: (I) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or Manager; (ii) maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (ill) provide to the Association an annual accounting and financial statement of Association funds prepared by the Manager, a public accountant, or a certified public accountant. ARTICLE X - RESERVED SPECIAL DECLARANT RIGHTS Section 1. Special Declarant Rights. Declarant reserves the Special Declarant Rights as defined from time to time in the Act, including without limitation, the right or combination of rights as follows: a. To complete any Improvements indicated on the Plat; b. To maintain sales offices, management offices, model homes, and signs advertising the common interest community; . c. To use easements through the Common Elements and Lots for the purpose of making Improvements within the common interest community; d. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. Section 2. Construction. Declarant's Easement. Declarant reserves the right to perform warranty work, repairs and construction in Units and Common Elements, to store materials in secure areas, and to control and have the right of access to work and make repairs until completion. All work may be performed by Declarant without the consent or approval of the Executive Board. Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration. This easement includes the right to convey access, utility,and drainage easements to a governmental entity. 18 Section 3. Declarant's Property. Declarant reserves the right to remove and retain all its property used in the sales, management, construction, and maintenance of the property, whether or not they have become fixtures. Section 4. Limitations on Special Declarant Rights. Unless terminated earlier by a document executed by Declarant and recorded in the real estate records of Weld County, Colorado, any reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as long as Declarant: ( a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Units or Common Elements; ( c) owns any Unit; (d) owns any security interest in any Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate records of Weld County, Colorado. Earlier termination of certain rights may occur in accordance with the Act. Section 5. Interference With Special Declarant Rights. While the Declarant is entitled to exercise its Special Declarant Rights, neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of Declarant and any entity to whom Special Declarant Rights have been assigned. Section 6. Rights Transferable. Any Special Declarant rights or other Declarant rights created or reserved under this Declaration may be transferred by an instrument evidencing the transfer recorded in Weld County, Colorado. Such instrument shall be executed by the transferor, Declarant, and the transferee. ARTICLE XI - ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS Section 1. Association Power. The Association shall have the right and power to prohibit any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible tom another Unit or the Common Elements, if any, by promulgating Rules and Regulations which restrict or prohibit such activities. Section 2. Review. No buildings, structures or other Improvements including fences and landscaping shall be constructed, modified or altered unless first approved in writing by the Architectural Review Committee. The Architectural Review Committee shall exercise reasonable judgment to the end that all buildings, structures, modifications, alterations, or additions to the Units conform to and harmonize with existing surroundings and structures. The Architectural Review Committee has the absolute right to deny any requested buildings, structures, modifications, alterations, or additions which the Architectural Review Committee reasonably determines do not conform to and harmonize with existing surroundings and structures. 19 Section 3. Membership of Architectural Review Committee. The Architectural Review Committee shall consist of two (2) members, all of whom shall be appointed by Declarant. Declarant shall have the continuing right to appoint all two (2) members during the Appointment Period (as hereafter defined). The Association shall have the right to appoint such members after the end of the Appointment Period. The"Appointment Period" shall mean the period of time commencing as of the date of recordation of this Declaration and continuing until the earliest to occur of the following events: (a) when all Units in the Project have been conveyed to persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b) ten (10) years after the date this Declaration is recorded; or (c) when, in its discretion, Declarant voluntarily relinquishes such right. During the Appointment Period, Declarant shall not be obligated to appoint members to the Architectural Review Committee. In such event, Declarant or Declarant's designated representative shall exercise all rights and obligations of the Architectural Review Committee as. set forth in this Article. Members of the Architectural Review Committee may but shall not necessarily be members of the Association. Members of the Architectural Review Committee to be appointed by the Association shall be appointed by the Executive Board. Members of the Architectural Review Committee appointed by the Executive Board may be removed at anytime by the Board, and shall serve for such term as may be designated by the Executive Board, or until resignation or removal by the Board. During the Appointment Period, Declarant shall give the Association written notice of the appointment or removal of any member of the Architectural Review Committee. After the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Architectural Review Committee, but the number of members of the Architectural Review Committee shall not be less than two (2). A majority of the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of. Committee members present at any meeting where a quorum is present shall be required for Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each member of the Committee. Section 4. Plan Review Procedure. Prior to commencement of any onsite work, the Owner or such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the written approval of the Architectural Review Committee. a. Plan Submittal. The Applicant must submit to the Architectural Review Committee the following minimum items (in addition to other items which the Architectural Review Committee deems necessary or advisable for it to act under the circumstances): (I) Site plan; (ii) Complete construction plans; (iii) Specifications, including color schemes and material samples for the building, addition or alteration; and (iv) Payment in full of all anticipated costs as set forth below. 20 b. Plan Approval. Upon receipt by the Architectural Review Committee of all items set forth above, the Architectural Review Committee shall thereafter have thirty (30) days to furnish Applicant with written notice of approval or rejection of the plans as submitted. If rejected, the Architectural Review Committee shall furnish a written explanation of the basis for its rejection and shall, if practical, furnish suggested modifications which would render the plans acceptable, subject to resubmission for review and approval upon completion of any such modifications. The Architectural Review Committee may condition its approval upon certain modifications being made to the plans, in which event such plans shall be deemed approved only upon submission to the Architectural Committee of one (1) complete set of all revised plans fully incorporated and reflecting all such required modifications. c. Failure to Respond. If for any reason the Architectural Review Committee has not responded to the Applicant in writing within the thirty(30) day period as provided above, the Applicant shall notify the Architectural Review Committee of such failure in writing by certified mail, return receipt requested. Thereafter, unless the Architectural Review Committee furnishes written notice of approval or rejection as required above within fifteen (15) days following receipt of said notice from the Applicant, the plans as submitted shall be deemed approved. In the event the Architectural Review Committee has notified Applicant of the necessity of submitting additional documentation, the thirty (30) day and fifteen (15) day periods set forth above shall not begin until .-. Applicant has submitted all required documentation. Section 5. Notice of Completion. Upon completion of the construction, modification or alteration of any Improvements,the Applicant shall furnish written notice to the Architectural Review Committee of same. Thereafter, the Architectural Review Committee or its designee shall have the right to inspect the Improvements to assure compliance with the approved plans and the Applicant shall cooperate with the Architectural Review Committee or its designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that such Improvements do not comply with the approved plans, the Architectural Review Committee may furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein, at law or in equity. Section 6. Remedies Upon Noncompliance. If at any time the Architectural Review Committee determines an Owner or Applicant is not in compliance with the Architectural Design Standards or approved plans, including without limitation the failure to submit plans for approval prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of noncompliance to the Owner. Upon such notice, the Owner shall immediately cease all work other than is required to bring the Improvements into compliance. If the Owner fails to immediately cease all such work, or fails to bring the Improvements into such compliance within a reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall have all rights 21 and remedies available pursuant to this Declaration, at law or in equity. Such rights and remedies include but are not limited to the following: a. Injunctive Relief. The Architectural Review Committee and the Association may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance or authorize the Architectural Review Committee or the Association to undertake all steps and actions, on the Owner's behalf and expense. Said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Unit as with Assessments as provided herein. b. Damages, Costs, and Attorney Fees. The Architectural Review Committee and the Association may recover from the Owner all damages, costs, and attorney fees suffered or incurred in connection with the existence or remedy of any Improvements found by a court of competent jurisdiction to be in noncompliance with this Declaration, the Architectural Design Standards or approved plans, as applicable. Said damages, costs, and attorney fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with Assessments as provided herein. Section 7. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review Committee has the authority to hire or retain such professionals or other persons as it deems necessary for the purposes described herein. The Architectural Review Committee shall also have the power to require the Owner submitting matters to it for approval to pay reasonably necessary costs of the submission prior to their review and as a necessary condition thereof Any excess funds shall be returned, but the submitting Owner shall remain liable to pay any additional expense( s) if prepayment is insufficient. Section 8. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken thereon. Section 9. Restrictions on Use. Use and enjoyment of each Unit shall be subject to the following restrictions and such additional restrictions as are adopted by the Owners holding not less than seventy-five percent (75%) of the votes possible to be cast under this Declaration: a. Land Use. No Unit or portion thereof shall be used for any purpose other than a Single Family residence. No group housing or board and care homes shall be permitted. b. No Further Subdivision. No Unit or any building shall be further subdivided or separated into smaller units by any Owner, and no portion less than all of any such Unit or building or any easement or other interest therein shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to 22 resolve boundary line disputes, and similar corrective instruments. c. Nuisances. No noxious or offensive activity shall be carried on upon any Unit, nor shall any thing be done thereon which may become an annoyance to the neighborhood. No annoying light, sound, or odor shall be emitted from any Unit onto any other Unit(s) which can be considered offensive or intrusive to other Unit Owners or occupants. d. Temporary Structures. No structures of a temporary character such as trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings shall be used on any Unit at any time as a residence either temporarily or permanently. e. Accessory Buildings. No accessory buildings, storage barns,or sheds shall be constructed or moved onto any Unit without written consent of the Architectural Review Committee. Said structures shall not be prohibited so long as full consideration is given to architectural integration of materials, colors, and placement on the property. f. Animals, Livestock and Poultry. Animal units will be in compliance with Weld County Code (E) Estate Zoning District. Animals shall be kept or maintained on any Lot of the subdivision and such animal units shall be maintained in a humane manner. All raising of livestock of any nature provided herein must be incidental to the normal residential land use of the property and not to be commercial in nature. Any animal pens, stalls, cages and enclosures shall be maintained on a regular basis. No overgrazing of pasture shall be allowed. Reference "A Manual for Success for Small Acreages" developed and produced by Colorado State University Cooperative Extension Service, Table 6, of the Grazing Management Section. If pasture becomes overgrazed, the Architectural Review Committee has the authority to mandate that owners maintain livestock in a in a confined area on the property. If owners do not have a facility for such confinement, the Architectural Review Committee has the authority to remove the livestock to a confined area and maintain livestock, at the owner's expense. g. Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping ground for rubbish,trash, or garbage. Trash, garbage, or other waste shall not be kept except in sanitary and secure containers. All containers shall be kept in a clean and sanitary condition and shall not be kept in public view except during the scheduled day of pick up. h. Storage of Materials. Storage of materials shall be done in accordance with the following provisions: (i) No occupant or Owner of any Unit shall store or permit to be stored or to accumulate, upon any Unit, any debris, any piles of manure, piles of dirt, machinery or equipment or any part thereof, old or rusted pieces of metal, rubber or any 23 type of junk, or other miscellaneous items unless concealed from public and neighbor views within an enclosed structure. (ii) Storage of building materials is permitted only to facilitate continuous building projects in progress. Unit Owners shall supervise and assure secure storage of all building materials during construction to prevent damage to other structures or littering throughout neighborhood as a result of heavy winds. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle Storage and Repair. No more than two of the following may be parked on a Lot except in an enclosed building: motor vehicles, motor cycles, motor homes, campers, trailers, recreational vehicles, tractors and equipment. All of the above must be operable and, if applicable, properly licensed. Except as set forth above nothing else shall be parked or stored on a Lot except in and enclosed building unless specifically permitted by Rules and Regulations adopted by the Association. No motor vehicles, motor cycles, motor homes, campers, trailers, recreational vehicles, tractors, and equipment shall be stored or parked for more than 72 hours on any street within the Project. Nothing contained herein shall prevent the Owner or Owners of any Lot from storing any of said vehicles in a garage on their Lot. The restrictions set forth above shall not restrict the parking of trucks or other commercial vehicles for a reasonable time upon a Lot, which vehicles are necessary for the construction of a building on said Lot. j. Maintenance and Repair of Landscaping and Improvements: All landscaping plans must be submitted to the Architectural Review Committee prior to installation. Landscaping must be completed within eighteen (18) months of receiving the Certificate of Occupancy. Maintenance and repair of landscaping and Improvements shall be subject to the following provisions: (i) Each Owner shall provide prudent and regular exterior maintenance upon each Unit including painting, repairs and/or replacement of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass and other landscaping, fences, walks, driveways and other surfaces, and all other exterior Improvements to maintain the value of said property. Owners shall comply with mandatory landscaping requirements as set forth in the Architectural Design Standards adopted by and available from the Architectural Review Committee. (ii) Failure to maintain: In the event an Owner of any Unit in the Project shall fail to maintain the premises and the Improvements thereon as provided herein, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity for the Owner to perform all necessary work:, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty (30) days of the furnishing of Notice to such Owner that such reimbursement is owed, together with 24 costs of collection thereof: attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Unit as provided herein for Assessments. k. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and provisions of this Declaration shall be binding on non-Owner occupants without exception. Property Owners who lease their property shall be required to furnish to lessees copies of this Declaration along with a written lease referencing this Declaration; leasing or being absent from the property shall not release property Owners from liabilities and responsibilities described herein. No Violation of Law. Nothing shall be done or kept in or on any portion of the Project by a Unit Owner or occupant which would be in violation of any statute, rule, ordinance, regulation, permit, or validly imposed requirement of any governmental body having jurisdiction over the Project. The Association shall have no duty or obligation to enforce any such statute, rule, ordinance, regulation, permit or validly imposed requirement. m. Fencing. Perimeter fencing of each Lot shall be, at a minimum, of the legal fence as defined by Colorado law and shall be wildlife friendly. No privacy fence shall be allowed unless within fifty feet (50') of the house. n. Architectural Design Standards. The minimum Architectural Design Standards for the Project are set forth in Exhibit B attached hereto and made a part hereof The Architectural Review Committee has the power and authority to make additional requirements for any residential construction or reconstruction within the Project. The Architectural Review Committee may modify or amend the Architectural Design Standards so long as such modifications and amendments are consistent with this Declaration. During the period of Declarant' s reserved Rights, the minimum standards set forth in Exhibit B cannot be altered without Declarant's approval. o. Drainage. No Owner shall change the topography or drainage pattern of a Lot including, not by limitation, any drainage easementareas, from the topography or drainage pattern established by the Declarant unless such change is approved by the Architectural Review Committee. Any Owner who in any way materially modifies the topography or drainage pattern of a Lot without such consent shall be liable for any and all damages stemming therefrom, and may be required to return such topography or drainage patterns to their original state. If any Owner fails to fully abide by this provision, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity to perform all necessary work restoring drainage patterns, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty (30) days of the furnishing of Notice to such Owner that such reimbursement is owed, together with 25 costs of collection thereof, attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Lot as provided herein for Assessments. Section 10. Waivers; No Precedent. The approval or consent of the Architectural Review Committee or any representative thereof, or of the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee or any representative thereof,or by the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. Nor shall any such approval or consent be deemed to constitute a precedent as to any other matter. ARTICLE XII - MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and Rules and Regulations of the Association. Section 1. Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Unit. Section 2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units may jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 3. Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project, the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency. Section 4. Notice of Action. Any First Mortgagee and any Agency which holds, insures or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and the Unit number), will be entitled to timely written notice of: 26 a. Any proposed termination of the common. interest community; b. Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a First Mortgage held, insured, or guaranteed by such Agency; c. Any delinquency in the payment of Assessments owed by an Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days; d. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association pursuant to this Declaration. Section 5. Action by Mortgagee. If this Declaration or any Association Documents require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such approval within thirty (30) days after such Mortgagee is given proper notice of the proposal (or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail return receipt requested. ARTICLE XIII - DURATION OF COVENANTS AND AMENDMENT Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 2. Amendment. Except in cases of amendments that may be executed by the 'Declarant or the Association under the Act, this Declaration, or any provision of it, may be amended only by vote or agreement of Owners holding not less than seventy-five percent (75%) of the votes possible to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance of the private street and irrigation system shall not be modified or terminated without the consent of the Weld County Board of County Commissioners. • Section 3. Declarant Rights. To the extent permitted under the Act, provisions in this Declaration reserving or creating Special Declarant Rights may not be amended without the consent of Declarant. Section 4. Execution of Amendments. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by including within or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and the Plat to the fullest extent 27 permitted under the Act and this Declaration. Section 5. Revocation. This Declaration will not be revoked nor shall the common interest community created hereby be terminated (except as provided above regarding total destruction and! or total condemnation), without the consent of the Owners to which at least seventy five percent (75%) of the votes in the Association are allocated evidenced by a written instrument duly recorded with the Clerk and Recorder. ARTICLE XIV - WELD COUNTY'S RIGHT TO FARM Section 1. Rural Weld County. Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Section 2. Agricultural Uses. 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; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved" out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 3 5..3.5-102, Colorado Revised Statutes, provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Section 3. Rural Services. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (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, 28 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 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. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Section 4. Parental Supervision. Children are exposed to different hazards in the County than-in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. ARTICLE XV - GENERAL PROVISIONS Section 1. Restriction on Declarant Powers. Notwithstanding. anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. Section 2. Enforcement. Except as otherwise provided in this Declaration, the Executive Board, Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Section 3. Registration of Mailing Address. Each Owner and each security interest holder, insurer, or guarantor of a security interest, shall register their mailing address with the Association. All notices, demands, or other notices intended to be served upon the Board of Directors or the Association during the period of Declarant control shall be sent by registered or certified mail, postage prepaid, c/o Owl Creek Estates, 826 9th Street, Greeley, Colorado 80631, unless such address is changed by the Association during the period of Declarant control. Subsequent to the termination of the period of Declarant control, the Association shall notify the Owners of a different address for notices. 29 Section 4. Limitation on Liability. The Association, Board of Directors, Architectural Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be . liable to any person for any action or for any failure to act unless the action or failure to act was not in good faith and was done or withheld with malice. Section 5. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees, in connection with any portion of the community, or any Improvement, or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing. Section 6. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 7. Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control. Section 8. Conflict With Act. In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent with the Act, the terms or provisions of the Act shall control and govern. In case of any such conflict or inconsistency, the applicable terms and provisions contained in this Declaration shall, to the extent possible, be construed in accordance with the Act, and any conflict with or violation of the Act by any terms, or provisions of this Declaration shall not affect, void, or render unenforceable any other term or provision of this Declaration (which shall be in full force and effect in accordance with their terms). Section 9. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees, in connection with any portion of the community,or any Improvement, or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing. Section 10. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS 30 SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION, BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION, AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY. DECLARANT: OWL CREEK ESTATES By Ed Orr, Manager STATE OF COLORADO I }ss COUNTY OF WELD } The foregoing instrument was acknowledged before me on the day of November, 2004, by Ed Orr as Manager of Owl Creek Estates. WITNESS my Hand and Official Seal. My commission expires: June 18, 2005. ,r. Notary Public 31 EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OWL CREEK ESTATES LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION ADD ACTUAL LEGAL DESCRIPTION WILL BE INSERTED UPON RECORDING OF THE PLAT I-- ' 32 EXHIBIT "B" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OWL CREEK ESTATES MINIMUM ARCHITECTURAL DESIGN STANDARDS Section 1. Architectural Styles. It is the intent of these guidelines to ensure a high quality, aesthetically pleasing neighborhood. The homes should have a diversity of architectural styles and be compatible with the neighborhood as a whole.The Architectural Review Committee shall have the authority to deny any building plan for any reason including that the plan is not compatible with the neighborhood for aesthetic or other reasons. Section 2. Minimum Square Footage and Building Height. The ground floor finished area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than one thousand, five hundred (1,500) square feet for a one-story residence and not less than one thousand two hundred fifty (1,250) square feet for the first floor of a two-story residence. The total square footage minimum for the main floor and upper floors of a multi-level residence shall not be less than one thousand, eight hundred (1,800) square feet. The maximum building height of any residence constructed shall be thirty-five (35) feet measured from the top of the foundation to the crest of the highest roof line (excluding chimneys, cupola). Section 3. Roof Pitches. The roof pitch on any residence must be from four- twelve (4/12) to twelve-twelve (12/12). There must be a minimum of one break in the roof line. Section 4. Standards Regarding Use of Exterior Materials. Exterior materials shall be limited as follows: a. Stone, brick or stucco shall be required for a minimum of forty percent (40%) of the first floor facade of the front elevation of the residence b. The roofing material to be utilized upon buildings in the subdivision shall be approved by the Architectural Review Committee. No wood roofs or shingles shall be allowed. c. Foundation walls shall not be exposed more than twelve (12) inches above grade. d. All fascia on residences shall be a minimum of eight (8) inches. 33 e. All soffits on residences shall be a minimum of twelve (12) inches except that where brick adjoins the soffit, the soffit shall be a minimum of eight (8) inches. Section 5. Color of Exterior Materials. All exterior colors including, roofing colors, must be approved by the Architectural Review Committee prior to construction. Only earth tone colors shall be permitted. Section 6. Setbacks. All structures shall be constructed such as to meet the building setbacks required by Weld County, Colorado. Section 7. Accessory Buildings. All accessory buildings shall be subject to Architectural Review Committee approval as set forth in the Declaration. 34 Hello