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Home My WebLink About20050940.tiff FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number _ -T - - - o ff- Q 4 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the final plat area. If additional space is required,attach an additional sheet) 0.2-64,HIS .Air ta-r Legal Description 4-,00r 7SC -1 vaKepth7 , Section 53, Township 7 North, Range t >West Lot/Block: Zone District: Ptt IP , Total Acreage: 4'2AC. , Overlay District: N'wc- FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: k'4Kf L.L.LC e,y , j5,cuct ,..76 n'cca, Work Phone# Y`�7e-35'1,-X577 Home Phone# 55i-it IJc Email Address Address: ?CI Rd SY '"2a0 City/State/Zip Code C7{Q&±L y, ( o zy'Tr 3% Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) /- , /� Name: („,tiy"ccp G6-ter f /--7 t- Work Phone# i.7O 3c' qii f!,' Home Phone# @C. S2--`{4,' Email Address CC-LiF"r 0'C7zs ( nt Address: .. 00/ > i t, ,4vc City/State/Zip Code ( Ci t ;9 C[-:3/ NAME OF SUBDIVISION Ait4u`irs3 f�i'.Pts t.mt7-t`j, ?(! UTILITIES: Water: A/W e,/ i) Sewer: fit P—,)c Gas: 4T/1)!is Electric: kte CL Phone: 0u,,s7 DISTRICTS: School: riefrrC Fire: 5-4 rc1 Post: 4'4rroN I (We)hereby depose 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 showing the signatory has to legal authority to sign for the corporation. I (we),the undersigned hereby request the Department of Planning Services to review this final plat on the following described unincorporated area of Weld County. Signatur : v r or uthorized Agent Date Signature: Owner or Authorized Agent Date caintAri J -5- 2005-0940 fiber-23:-30O3-1 TO: Weld County Planning Department FM: Wake LLLP RE: Appaloosa Acres Estates,PUD Dear Planning Department, Please accept this letter as evidence,that Wake LLLP does hereby appoints Clifford Clift and Paul T. Clift as my personal representatives in obtaining PUD zoning and Final approval of this 22 home project. Property legal description is Lot 15-C, Gilbaugh's Appaloosa Acres,4th Replat. Property is located in Section 33,T7N,R65 W,of the 6th PM,Weld County,Colorado. Thank y Wake LL A. Bruce Johnson 6.,lP FEB 0 2 2005 February 2, 2005 TO: Weld County Commissioners Greeley, CO 80631 FM: Clifford and Paul Clift 2001 Fern Ave. Greeley, CO 80631 RE: Appaloosa Acres Estates, PUD PF 1020, Request for waiver of 60 day hearing Dear Ester, Please be advised we waive the 60 day hearing requirement for the Final Plat hearing in front of the County Commissioners. It is my understanding of Kim Ogle, Weld County Planner, that our hearing will be on March 30, 2005, which is longer than the 60 day county requirement. Thank you for your consideration. Respectfully, Cliff Clift Appaloosa Acres Estates, PUD NARRATIVE APPALOOSA ACRES ESTATES, PUD January 15, 2005 There are 22 -one (1) acre lots within AAE, PUD and their use will be for single family residential use only. The only concerns during the Zone Change process came from the neighbors to the east of our proposed project, Gilbaugh's Appaloosa Acres. Their main concern was the change of view from the present vacant farm ground to the view, possibly, of junk cars, trailers,horses, weeds in Open Space, how the back of the homes could look "uninviting", and our use of the existing "Bridal Trail. Our method of dealing with the concerns of the neighbors is addressed within our Covenants, (Covenants approved by County Attorney, Lee Morrison) and with the landscaping plan. An overview of the Covenants and Landscape plan(Landscape plan has been submitted) follow. As it states in the Covenants, we are not allowing any livestock nor any vehicles or trailers stored or worked on outside of garages. The Open Space will be planted to grass, as shown on the Landscape Plan, and maintained by the HOA. The Bridal Trail will not be used by the lot owners of AAE, PUD, and notification to buyers, of such, will be in writing. The back of the homes will be required to have a roof covered patio and/or an arbor; we will allow one out building with a maximum square footage of 800 square feet, but the out building must have the same exterior construction as the main residence. The rear of the homes will have to have at least15% stone, brick, etc. and all rear windows will have grided panes. Acknowledgment of Covenants by home owners will be in writing when signing contract and at closing. After two meetings with Gibaugh's Appaloosa Acres residents, since the Zoning change, we agreed to mitigate the concerns of their view as follows: The Open Space will be seeded to grass per the Landscape Plan,mowed when the grass is 8" or less, fertilized and herbicide applied on a regular basis, and irrigated with(2)two shares of Larimer Weld irrigation water. We will strategically plant Scotch Pine trees, and we will also have Caragana shrubs planted on the west side of Appaloosa Acres next to vinyl fence, as additional buffer. We will run a two rail white vinyl fence around the rear perimeter of all lots,which will create more pleasing view for Gilbaugh's Appaloosa Acres'residents. The entrance to AAE, PUD will be off of WCR 74. The entrance road is named Leola Way. It will be just over 1500' long with two cul-de-sacs. There will be one full cul-de- sac at the north end of Leola Way and a one-half cul-de-sac in the middle. The road 1 length and cul-de-sac are acceptable to the Eaton Fire Department and Weld County Public Works Department. The road right-of-way is 60' with 24' being asphalt. The asphalt will be 3" in depth with 6" of Class 6 road base underneath the asphalt. Each side of the asphalt will have a 4' gravel shoulder, 4" deep. One side of Leola Way will have an additional 4' wide gravel,4" deep path way and will have a 10'drainage swale with a maximum 4:1 slope. The other side of Leola Way will have a 14' drainage swale with a maximum 4:1 slope. Drainage swales will be required to have a 12" culvert at driveways to lots. There will not be "on-street parking" allowed on Leola Way. The entrance to Leola Way has been amended from the zoning plat due to the death of our Traffic Engineer, Diane Houghtaling. Her preliminary Traffic Report was provided without conducting a traffic count on WCR 74. After many meetings with Peter Schei, engineer with Weld County Public Works Department, we discovered a WCR 74 traffic count was needed. Since Diane is deceased, we employed Matthew J. Delich, P.E., a Traffic and Transportation Engineer,to provide us with a new traffic study. Mr. Delich provided us with a new traffic study,which included an actual traffic count for WCR 74. At a meeting with Peter Schei on December 27, 2004,we presented our new traffic study to the Public Works Department. The new study was acceptable with Mr. Schei and we made the following changes to the entrance to Leola Way off of WCR 74. The acceleration and deceleration lanes were removed and a radius entrance of 72'was placed on both sides of Leola Way off of WCR 74. The new entrance to Leola Way will be over 100' at WCR 74 and arc north to the 24'wide asphalt. Also, the change we made to Leola Way entrance was presented to the Eaton School District. Eaton School District wants to have a 80' by 15' loading area at the entrance to Leola Way. Our new design provides Eaton School Districts request. (See attached letter.) We moved the school bus shelter to a more convenient location for the children and this is also acceptable to the School District. The Open Space of 35 acres will be deeded to the Home Owners Association. The care of the Open Space by the HOA is detailed within the Covenants. The Open Space will not be open to the public. North Weld Water District will be providing 23 residential water taps for AAE, PUD. Twenty-two taps for the residences and one tap for drip irrigation of the landscaped area. Each tap will provide 228,000 gallons of water per year. North Weld Water District does not have a daily average water usage for rural properties due to the numerous uses in Weld County. According to Landscape companies,the drip system we will be using on the landscape trees, shrubs, and flowers will be less than 100,000 gallons of water per year. 2 Two copies of North Weld Water District's agreement, approved by County Attorney, is included with submittal of Final. As mentioned earlier,NWWD has agreed to provide potable water by 23 residential water taps and they have the water service available in WCR 74 and 41. Irrigation water for the Open Space will be from two shares of"The Larimer&Weld Irrigation Company". (Water Stock copy attached.) This water is an early right,which means that after the middle of July there may not be water for irrigating the Open Space grass. We have anticipated this and we are planting drought tolerant grasses in the Open Space. Our calculations for the "Larimer& Weld Irrigation Company" are based on the historic delivery of water to this site. According to the Larimer& Weld Irrigation Company, the historic use of their water on this site has been three to four times per year, depending on the drought. Sewer Systems will be septic, engineered and installed according to the Weld County Health Department's requirements. The recorded plat will show two leach fields on each lot. Covenants will require home owners to keep leach fields free of trees, shrubs, berms, buildings, or any other feature that could impede the use of the two leach fields. The 2.5 acre over all density requirement for Weld County septic systems has been met. The Colorado Geological Survey suggestions have been followed. Our Geo Tech Report recommends foundations be engineered to accommodate the soils, proper drainage be placed around the foundations, and surface drainage be moved away from the homes. We agree to these requirements and have included them in the Covenants. The soils the homes will be built are designated as "Kim Loam" and are compatible with normal building techniques. Soils for septic system are acceptable within the area homes will be built. Again, each septic system will be engineered for proper usage. The county attorney, Lee Morrison, has approved AAE,PUD Covenants and a copy is attached. All restrictions are included within Covenants. Our entrance will be off of WCR 74, which is a paved county road. The north 1/2 of WCR 74 has a 50"right-of-way which was recorded on July 26, 1973 under 2nd Replat of Gilbaugh's Appaloosa Acres Reception# 1618109. 3 ) 5 Y ^Y 41'. R 9r r 0 1'' , �� y ;s rt1 x aa. 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L P, a Colorado Limited Liability Limited Partnership }` i t'+'. 2y-ix-„,,,h ,,o a c''03 is the owner of ---2--- share a at ONE HUNDRED Dollars each in the Capital Stock of THE ((� { 3 LARIMER AND WELD IRRIGATION COMPANY, organized under the Laws of the State of Colorado. • , ) 09` Stock transferable upon the books of the company, in person or by attorney, on the surrender of this E' z �'*4 - Certificate. ,� ) (ter" cz 4 "�•, t3 WITNESS, the Seal of the Company, and the signatures of the President rr. " and Secretary, at Eaton, Colorado 30 day of August A.D. 20 04 ' p j45r;n ° ecretary ident • <i !/ did` "y <` >o iF,' { si.-4--v.‘-.-a,.vwwti�r Wr�n�hrvwz��MNh vN V -Wv� '/`r�MrvWVW1 ,., 1 �, •• �'a� 4✓b)T'' i Kra � �EjWrfJ,,�®C3'(-J'6J6-1°,° ", .✓VE4rFieJ av,, •cr-',"-'Q3tw pj'3h)��'t"'4 '' 't' 1 Hl�✓r c.)'‘.4)-•,•,` X�� r.t. A.�,• `u ir-i A � 6 y,,qty id:, 6� n+� AtH t4�i�Qd /�7 �1: " 'LC l'. �n E' iv ;� �6 �' "An ', ₹�'.' 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Inf, �,� . .��IIVI V , r*,p .a - r dHdhr� s r II I I r ri r i I r r f F' I t r IIY )� i 1, v e d urI , r { - - _ - - yr F - 9 1 jji drnl J� rl { )° i 1Agttr U � ^_Jr 1 .o Y,d to"15)".(442,-,,,;,; ,-,- .1-44,-,:4\°))*, JN x, It G�tLx,.Ytrsµr sKin 1 ) ti�r l )yi)fl4ai twra��au437 p 4lVlr5' r G NP(3≥'° p ` '�"r. m I I \ " r`Jwl}; ,�IF 4„a1/Jr,s,Iw1M_ i du 4,,!1"vU fn ? yN. ,' 4, (-,,L I� f�� Report Date: 01/11/2005 02:31 PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7554899 ASSESSED TO: WAKE LLLP 801 8 ST#220 GREELEY, CO 80631 LEGAL DESCRIPTION: GA4R L15C GILBAUGHS APPALOOSA ACRES 4TH RPLT SITUS:WELD PARCEL: 070933001026 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 192.60 0.00 0.00 0.00 192.60 TOTAL TAXES 192.60 GRAND TOTAL DUE GOOD THROUGH 01/11/2005 192.60 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0226 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 47.89 AGRICULTUR 8,272 2,400 SCHOOL DIST RE2 40.307 96.73 NCW WATER 1.000 2.40 TOTAL 8,272 2,400 NWC WATER 0.000 0.00 EATON FIRE 9.000 21.60 AIMS JUNIOR COL 6.328 15.19 WELD LIBRARY 3.249 7.80 WEST GREELEY CONSERVATION 0.414 0.99 TAXES FOR 2004 80.255 192.60 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. r P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 Weld County Treasurer Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Curr nt year's taxes are due but not delinquent. Signedv',j �P-th Dater i I05- II IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,20 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and &,4/c ,Z.L4O 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: /5,C� 4 Areal16u0/haws fAircs+ ACAS t% -D Cok .,7i) (/)leo&aa WHEREAS, alarmed Unit Development (PUD) plat of said property, to be known asArp &coon Acts's" isrnis Pa P. 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 Improvement 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. Revised 03/09/2004 C:\Documents and Settings\mkatyrynluk\Local Settings\Temporary Internet Files\OLK24BWprivate.wpd 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. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. r. Revised 03/09/2004 C:\Documents and Settings\mkatyryn?uk\Local Settings\Temporary Internet Files\OLK24BWprivate.wpd 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an approval of said portions. 6.2 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 work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. Revised 03/09/2004 C:\Documents and Settings\mkatyrynk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd 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. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and"B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to 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 of One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits"A" and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. Revised 03/09/2004 C:\Documents and Settings\mkatyrydiluk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred 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. Revised 03/09/2004 C:\Documents and Settings\mkatyrynSuk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the 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 Schedule for minimum materials sampling,testing and inspections found in the Colorado Department of Transportation (CDOT) Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. Revised 03/09/2004 C:\Documents and Settings\mkatyrytkk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County '2 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 according to Chapter 24 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. Revised 03/09/2004 C:\Documents and Settings\mkatyryn?uk\Local Settings\Temporary Internet Files\OLK24BNprivate.wpd IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT:ke_ APPLICANT: b/4�Amp__ 4LG P TITLE: Subscribed and sworn to before me this 1y* day of Zan Varj,20 ca . O�AY..PUg��11 My Commission expires: . ! , . ( ` ! fast tary Public i I JENELLE •. / me o 1S olDOg + : BELLEW ? , I tty;.: ;moo: /1/4% 0F ..... ;S 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 and Settings\mkatyryiuk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd EXHIBIT"A" Name of Subdivision or Planned Unit Development: �J �cons,f �4i.� ✓s - ti-ns, P. 1R.© Filing. Location: ,iA6 j6l -y 49c g 4/ 4 `ti Cp 74', 6Oa^e ALA, 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 - '7/se cy Street grading no j, °' Street base 4.s 8/DO o Street paving 5 t �� Curbs,gutters,and cu erts /p'rt2i/ UG„t f' Sidewalk OD �C� Storm sewer facilities L✓tiks (3 - -. ¢3W PQ Retention ponds *45 .273-' Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines ----- Mains - _Laterals(house connected) On-site sewage facilities S£f/Cs- /flags On-site water supply and storage or Water Mains(includes bore) dr $•' _ _ ^ "7r2 sF L 4191$6 Fire hydrants - � Survey and street monuments and boxes 2 L s c_ Street lighting Street Names / /co t/eOO Fencing requirements grid VII l �ff6¢' 031000 Landscaping - apfg9t> - -_ Park improvements Road culvert 5,2e-•emu? Grass lined swale Telephone �a --- 1 17ebvd Gas 2 sL Do Electric 21 rcc7 P8 Water transfer SUB-TOTAL: Engineering and Supervision Costs $ 0/900 (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 52/, flY Revised 03/09/2004 C:\Documents and Settings\mkatyry,Mnk\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd 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." By: Applicant Applica / arl t Date: --lit ,2006—./Title (J (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) • • Revised 03/09/2004 C:\Documents and Settings\mkatyryA laocal Settings\Temporary Internet Files\OLK24B\Aprivate.wpd EXHIBIT "B" Name of Subdivision a or Planned Unit Development: /41/39/ 6419-52/ 4(v S' / Filing- p" /- Location: / V� ytu Qie. .04,4- ad 'E.:OZJrt 3) ax- !4)e Intending to be legally bound, the undersigned ll Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within / years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading '¢ 1.)pw-➢tlyS Street base mn-i S Street paving F2 /241i/r11 Cv ' g gutters, and culverts iytp.1TNS Sidewalk Storm sewer facilities Retention ponds OW ttiS Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage 4swagekr Water mains ft pO liS Fire hydrants /_ hiPtorfre Survey and street monuments and boxes /160.✓l1S Street lighting Street name signs $ m ens"' Fencing requirements t 44 pti.*�S Landscaping t,5 G4i.rti S Park improvements Road culvert 6 MEA'rH Grass lined swale !9 r6 N 7 !S Telephone Gas /110c'T7f5 Electric ' A2 Ct/Y{/S Water Transfer SUB-TOTAL: Revised 03/09/2004 C:\Documents and Settings\mkatyryAiik\Local Settings\Temporary Internet Files\OLK24B\Aprivate.wpd The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant /��/�' Applic ` Date: 1 r-� , 20 Co Title / (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) r Revised 01/09/2004 CADocuments and Settings\mkatyryAiak\Local Settings\Temporary Internet Files\OLK24BWprivate.wpd EATON FIRE PROTECTION DISTRICT 50 SOUTH MAPLE AVENUE, EATON COLORADO 80615 970-454.2115 FAX 970-454-2164 FIRE PREVENTION BUREAU December 7, 2004 Clifford Clift 2001 Fern Avenue Greeley, CO 80631 RE: Appaloosa Acres Dear Mr. Clift: The Eaton Fire Protection District, Fire Prevention Bureau has spoken to the land owner for the proposed building sites and has come to the following agreements: General Requirement: • In accordance with the Uniform Fire Code (UFC, 1997 Edition), approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. • In accordance with the Uniform Fire Code (UFC, 1997 Edition), access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Water supply requirements will be met, but hydrants will need final approval from Eaton Fire Protection District upon completion. Thank you for your cooperation and if you have concerns or questions, please feel free to call either of us at (970) 454-2115. Sincerely, Dan Sa tillanes Justin Moinester Eaton Fire Protection District Fire Prevention Bureau ASTATES POSTAL SFI Viet EAT©N-POST OFFICE EATON, CO-. 80615-99€98 0712012Q04 To: Clifford Clift 2001 Fern Ave. Greeley, CO 8063t- Re: Mail Delviery at Appaloosa acres PUD his letter is notification thatdalivery will be extended to Appaloosa acres PUD_via NDCBU delivery mode. Location of NDCBU wilLbe by fire hydrant on Leola-Way-at entrance to subdivision If you have any questions please feel free to call me. • • Thank you, . Robert€. Huggins Postmaster Eton,CO-80615 970-454-2286 APPALOOSA ACR$ESTATES PUD Developer: Clifford Clift Case #PZ-1020 (Change of zone from Ag to PUD) Planner: Kim Ogle PT W2SW4 33-7-65 ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0489C) IS NOT IN STORM WATER PROJECT AREA RIF AREA #2 NORTH WELD COUNTY WATER DISTRICT ENGINEERED INDIVIDUAL SEPTIC SYSTEMS NATURAL GAS - ATMOS ENERGY XCEL ENERGY QWEST COMMUNICATIONS EATON RE-2 SCHOOL DISTRICT EATON FPD EATON PO STANDARD ESTATE ZONE BULK REQUIREMENTS 22 RESIDENTIAL LOTS W/ 32 ACRES OF OPEN SPACE PRELIMINARY ADDRESSING: BLOCK 1 BUS STOP 20181 Leola Way Lot 6 20185 Leola Way Lot 7 20187 Leola Way Lot 8 20189 Leola Way Lot 9 20191 Leola Way Lot 10 20193 Leola Way BLOCK 2 Lot 11 20195 Leola Way Lot 12 20197 Leola Way Lot 13 20199 Leola Way Lot 14 20201 Leola Way Lot 15 20203 Leola Way Lot 16 20205 Leola Way Lot 17 20207 Leola Way BLOCK 2 (cont.) Lot 18 20204 Leola Way Lot 19 20202 Leola Way Lot 20 20198 Leola Way Lot 21 20196 Leola Way Lot 22 20194 Leola Way BLOCK 3 Lot 1 20192 Leola Way Lot 2 20190 Leola Way Lot 3 20188 Leola Way Lot 4 20186 Leola Way Lot 5 20184 Leola Way Detention / 20182 Leola Way Monument Lin Dodge WC Building Tech 2/3/04 t—',3-05; 2= t9PM;Eaton School Dist. ;9 04545193 # 2/ 2 Q EATON SCHOOL, DISTRICT RE-2 John J.Nuapl 200 Park Avenue Superintendent Eaton,Colorado 80615 170)454-3402 370)4545193 Fax January 13, 2005 Monica Daniels-Mika Kim Ogle Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE Clifford Cliff,Appaloosa Acres Estates 22-Lot PUD Change of Zone Monica Daniels-Mika and Kim Ogle: The district has reviewed the above applicant's revised plat drawing dated 11/29/04 by Freese Engineering. The revised drawing will meet the dimensions needed by the district for pick up and drop off of students at the entrance of Appaloosa Acres Estates P.U.D. The district appreciates Mr. Cliff's willingness to work with us in meeting our transportation requests. Please contact me if you have any questions. • Since ly, r cW:JCITimothy Unrein Business Services Director Eaton School District RE-2 to�e 1 r.iAL ' -M'-- I 0101 NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION. CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE. DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR APPALOOSA ACRES ESTATES PUD (a Common Interest Community) THIS DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR APPALOOSA ACRES HOMEOWNERS ASSOCIATION is made and entered into this day of ,2004 by Wake, LLLP, hereinafter referred to as"the Declarant." ARTICLE I RECITALS A. The Declarant is the owner of that certain real property located in the County of Weld,State of Colorado legally described on Exhibit "A" and platted as Appaloosa Acres Estates PUD. Exhibit "A" is attached hereto and incorporated herein by reference. B. The Declarant desires to create a Common Interest Community on the Property,pursuant to the Colorado Common Ownership Act, § 38-33.3-101, Colorado Revised Statutes, et seq., as it may be amended from time to time("the Act"),in which portions of the Property will be designated for private ownership and portions for association use ("Open Space")or"("Common Facilities"). An association of Lot owners will own part of the Property and will regulate the Open Space and other facilities C. The Declarant has caused to be incorporated under the laws of the State of Colorado, Appaloosa Acres Estates Homeowners Association("Association"),a nonprofit corporation,for the purpose of exercising the functions herein set forth. D. The number and type of animals allowed on each Lot within the Property shall be limited asset forth in Article VI, Section 32 of this declaration. F. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants,conditions,and restrictions set forth in this Declaration in order to preserve the values of the individual Lots and to enhance the quality of life for all owners of such Lots. F. Declarant therefore declares that all of the Property is and shall be held,transferred,sold, encumbered, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations,liens,and easements which are set forth in this Declaration,all of which shall run with the Property and shall inure to the benefit of,and be binding upon,all parties having any right,title,or interest in the Property or any portion thereof, and such person's heirs,grantees, legal representatives,successors and assigns. ARTICLE II DEFINITIONS The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. Section 1: "Allocated Interests"shall mean and refer to the Common Expense Liability and votes in the Association. -- Section 2: "Approval"or"Consent"shall mean securing the prior written approval or consent as required herein before doing, making,or suffering that for which such approval or consent is required. Section 3: "Architectural Review Committee"shall mean and refer to the committee established to review and approve plans for the construction of improvements on Lots as set forth in Article VIII of this Declaration. Section 4: "Association"or"Homeowners Association"shall mean and refer to Appaloosa Acres Estates PUD Homeowners Association, as established pursuant to Article IX of this Declaration. Section 5: "Bylaws"shall mean and refer to any instruments,however denominated,which are adopted by the Association for the regulation and management of the Association,including amendments to those instruments. Section 6: "Common Facilities" or "Open Space" shall mean and refer to the Open Space, landscaping in the Open Space,easements and facilities within or benefitting the Common Interest Community owned or leased by the Association or constructed and maintained for the benefit of Lot Owner(s). Section 7: "Common Expense Liability" shall mean and refer to this liability for Common Expenses allocated to each Lot pursuant to this Declaration. Section 8: "Common Expenses"shall mean and refer to expenditures made or liabilities incurred by or on behalf of the Association,together with any allocations to reserves. Section 9: "Common Interest Community"shall mean and refer to the Property,including any land which may subsequently be added to and become a part of the Common Interest Community, and as added pursuant to §38-33.3-222 of the Act. Section 10: "Declarant"shall mean Wake, LLLP,its/theirs,successors and assigns. Section 11: "Declaration" shall mean and refer to this Declaration, including any amendments hereto and also including,but not limited to,plats of the Property recorded in the Clerk and Recorder's office of Weld County, Colorado. Section 12: "Dispose"or"Disposition"shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot, but the term does not include the transfer or release of a security interest. Section 13: "Improvement"shall include any structure,dwelling unit,residence,corral,shed,barn, building,outbuilding,parking area,fence,wall,hedge,planting,lighting,pole,road,pond,lake,rail,gate,sign, change in exterior color or shape,excavation and all other site work,grading,utility improvements,and includes original improvements and subsequent changes to improvements. Section 14: "Insurer"shall mean and refer to any governmental agency or authoritythat insures or guarantees a mortgage and who has provided written notice of such interest to the Association. Section 15: "Lot"shall mean and refer to the 22 individually numbered,identified and described parcels of land shown upon the recorded plat.There shall be no more than 22 Lots within Appaloosa Acres Estates. Section 16: "Mortgagee"shall mean and refer to any person who has a security interest in a Lot and who has provided written notice of such interest to the Association. "First Mortgagee"shall mean and refer to a Mortgagee who has a security interest in a Lot prior to all other security interests except the security interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over the Common Interest Community. 2 Section 17: "Person"shall mean and refer to a natural person, a corporation, a partnership, an ^ association,a trust, or any other entity or combination thereof. Section 18: "Plat"shell mean the final recorded plat of the properties as approved by Weld County and recorded in the records of the Weld County Clerk and Recorder including any part of the Common Interest Community as enlarged by added land as approved by the Weld County. Section 19: "Properties"shall mean and refer to that certain real property described in Exhibit"A" attached hereto and incorporated herein by reference also known as Appaloosa Acres Estates PUD. Section 20: "Purchaser"shall mean and refer to a Person,other than a Declarant,who,by means of a transfer, acquires a legal or equitable interest in a Lot. Section 22: "Residence"shall mean and refer to a single family residential dwelling constructed on a Lot. Section 23: "Residential Use"shall mean and refer to use for dwelling or residential purposes. Section 24: "Rules and Regulations"shall mean and refer to any instruments,however denominated, which are adopted by the Architectural Review Committee after approval by the Declarant or the Association for the regulation and management of the Common Interest Community, including any amendment to those instruments. Section 25: "Security Interest" shall mean and refer to an interest in real estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust,trust deed,security deed,contract for deed, land sales contract,lease intended as security,assignment of lease or rents intended as security,pledge of an ownership interest in an association,and any other consensual lien or title retention contract intended as security for an obligation. "First Security Interest"shall mean and refer to a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and assessments made by Weld County,Colorado, or other governmental authority having jurisdiction over the Common Interest Community. Section 26: "Single-family"shall mean and refer to any individual or group of persons related by blood, marriage or adoption, plus up to three (3) additional persons living together in a Residence. Section 27: "Unit Owner" and/or "Lot Owner" shall mean any person that owns any Lot in Appaloosa Acres Estates. ARTICLE III COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Appaloosa Acres Estates. Section 2: Association. The name of the Association is Appaloosa Acres Estates PUD Homeowners Association. Section 3: Planned Community. The Common Interest Community is a planned community. Section 4: County. The name of the county in which the Common Interest Community is situated is Weld County,Colorado. 3 Section 5: Legal Description. A legal description of the Property included in the Common • Interest Community is described on Exhibit"A"attached hereto and incorporated herein by reference. Section 6: Maximum Number of Lots. The maximum number of Lots that the Declarant reserves the right to create within the Common Interest Community for residential purposes is 22. Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat. The Plat sets forth the Block and Lot Identifying Numbers. Section 8: Allocated Interests. The Common Expense Liability and votes in the Association shall be allocated among the owners as follows: (a) Each Owner's share of the Common Expenses shall be 1/22. (b) Each Owner shall be entitled to one (1)vote for each Lot owned. Section 9: Notice. Notice of matters affecting the Common Interest Community may be given to Lot owners by the Association or by other Lot Owners in the following manner:notice may be hand delivered or sent prepaid by United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Such notice shall be deemed given when hand delivered or when deposited in the United States mail. ARTICLE IV ASSOCIATION Section 1: Authority. The business and affairs of the Common Interest Community shall be managed by the Association.The Association shall be governed by its Bylaws as amended from time to time. Section 2: Powers. The Association shall have all of the powers,authority,and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Common Interest Community. Section 3: Declarant Control. Subject to the limitations set forth herein,the Declarants, or persons designated by them, may appoint and remove the officers of the Association and members of the Executive Board for a period in accordance with §303 of the Act until the earlier of the following: (1) Sixty(60)days after the date on which the Declarants have conveyed seventy-five percent (75%) of the Lots that may be created to purchasers other than Declarants; or (2) Two (2)years after the date of the Declarants'last conveyance of a Lot in the ordinary course of business; or (3) Two(2)years after the date on which any right to add new Lots to the Common Interest Community was last exercised by the Declarants;or (4) The date on which the Declarants voluntarily relinquish such power evidenced by a notice prepared in accordance with the Act and recorded in the office of the Weld County Clerk and Recorder. Section 4. Membership,Voting Rights and Allocations. Every Owner of a Lot which is subject to Common Expense Assessments shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to Common Expense Assessments by the Association. Ownership of such Lot shall be the sole 4 qualification for membership, and membership shall be required of each Lot Owner. When more than one (1) Person holds an ownership interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine among themselves, but in no event shall more than one (1)vote be cast with respect to any Lot. ARTICLE V SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 1: Special Declarant Rights. Declarant hereby reserves the right for a period of five(5) years after this Declaration is recorded in the office of the Clerk and Recorder of Weld County,Colorado,to perform the acts and exercise the rights hereinafter specified ("the Special Declarant Rights') . Declarants Special Declarant Rights include the following: (a) Completion of Improvements. The right to complete improvements indicated on the Plat. (b) Exercise of Developmental Rights. The right to exercise any Special Declarant Rights reserved in Article V of this Declaration. (c) Sales Management and Marketing. The right to maintain one (1)sales and management office,one or more models and advertising signs. The Declarant shall have the right to determine the size and location of the sales and management office,and models. The Declarant shall also have the right to relocate the sales and management office and models from time to time at its discretion. After the Declarant ceases to be the Owner of a Lot, the Declarant shall have the right to remove any sales and management office or models from the Common Interest Community. (d) Construction Easements. The right to use easements through the Open Space for the purpose of making improvements within the Common Interest Community or within the Property which may be added to the Common Interest Community or appurtenant thereto. (e) Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any Executive Board member,except that this Special Declarant Right shall be limited to the time period and condition set forth in Article IV, Section 3 above. (f) Amendment of Declaration. The right to amend the Declaration in connection with the exercise of any Special Declarant Rights. (g) Amendment of Plat. The right to amend the Plat in connection with the exercise of any Special Declarant Rights or the requirements of Weld County. (h) Other Requirements. The completion of such other requirements as may be imposed by Weld County for completion within five years of the recording of this Declaration. Section 2: Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 1 above, Declarant also reserves the following additional rights("the Additional Reserved Rights"): (a) Dedications. The right to establish,from time to time,by dedication or otherwise,utility and other easements over, across, and upon the Open Space for purposes including, but not limited to, streets, paths, walkways, drainage, open space, water and irrigation structures, and to create other reservations, exceptions, and exclusions over, across, and upon the Open Space for the benefit of and to serve the Lot Owners within the Open Space community. 5 (b) Use Agreements. The right to enter into,establish,execute,amend,and otherwise deal with contracts and agreements for the use,lease,repair,maintenance,or regulation of Open Space,which may or may not be a part of the Common Interest Community for the benefit of the Lot Owners and/or the Association. (c) Other Rights. The right to exercise any Additional Reserved Right created by an other provision of this Declaration. Section 3: Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of the Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County,Colorado. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE VI USE AND OTHER RESTRICTIONS Section 1: Land Use and Building Types. No Lot shall be used except as the site of a detached single family dwelling. All improvements on each Lot shall meet the requirements of Article VII,"Architectural Standards" of this Declaration. Section 2: Use No person that does not reside on the Lot shall work on the Lots as regular work duties,except domestic household help, lawn and garden caretaker,in the engagement of construction and maintenance of facilities on the Lots, and the Declarant in the development and sale of the Common Interest Community. Home occupation shall be allowed subject to reasonable regulations adopted by the Association and the ordinances of Weld County. The Association may adopt such other rules for the Common Interest Community as may be reasonably required to ensure that there are no apparent visits by customers, clients, and service vehicles to the Residence. Section 3: Buildings. No improvement,building,fence or other permanent structure shall be located on any Lot without first obtaining the written consent of the Architectural Review Committee,approving the proposed location. Any approved shed shall be located within fifty(50)feet of the residence and shall not exceed eight hundred (800) square feet in size.All such structures shall be pursuant to the style,design and other requirements as provided in guidelines and rules established at Article VII, Section 2. Section 4: Temporary Structures. No structure of a temporary character,trailer,basement, tent,storage shed or shelter,garage,barn or other outbuilding shall be permitted on any Lot at any time,either temporarily or permanently,except by the Declarant during the process of construction,or as approved by the Architectural Review Committee. Section 5: Street view obstructions. No fence,hedge or shrub planting which obstructs sight lines at elevations between two(2)and six(6)feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner,from the intersection of the street property lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained as sufficient height to prevent obstruction of such sight lines. Section 6. Site Plans. All site plans must be approved by the Architectural Rule Committee prior to commencement of construction of any improvement, building, or permanent structure. Section 7: Setbacks. All Lot structures, improvements, and buildings shall be located within building envelopes as set forth on the Appaloosa Acres Estates PUD plat,and location of the same shall be subject to the approval of the Architectural Control Committee prior to commencement of construction. 6 Section 8: Fencing. No fence shall be erected on any Lotwithin the Property except as approved in advance by the Architectural Review Committee and in accordance with the guidelines and rules promulgated pursuant to Section 2, Article VII. No barbed wire fence shall be allowed anywhere within the Property. Section 9: Landscaping: All landscaping must be approved by the Architectural Review Committee prior to installation. The landscaping plan shall be submitted to the Architectural Review Committee within six months,and completely installed within twelve months,from the date of the issuance of a certificate of occupancy concerning the improvement, building or permanent structure. Section 10: Aerials-Antennas. No exterior television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any Lot. No activity shall be conducted on any Lot which interferes with television or radio reception on any other Lot. Section 11: Satellite Dishes. Satellite dishes may be installed and maintained if screened from the view of other owners and occupiers of Lots. The location and screening method for each satellite dish must be approved in advance by the Architectural Review Committee. Section 12: Wind or Solar-Powered Generators. No wind-powered or solar-powered generator or pump may be installed on any Lot,unless its location and design is approved in advance by the Architectural Review Committee. Section 13: Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically integrated into the structure they serve or be screened from the view of the street and adjacent Lots and streets. All solar devices, and their placement, must be approved by the Architectural Review Committee prior to installation. Section 14: Outside Lighting. No exterior lighting shall be installed or maintained on any Lot except as approved by the Architectural Review Committee.All such exterior lighting shall be located only in locations or upon structures as approved. Section 15: Signs. No signs shall be located on any Lot except one sign not in excess of six(6) square feet offering the Lot for sale and except builders' or suppliers' signage during construction of improvements,and one sign not in excess of one(1)square foot showing the name and address of the Owner. Section 16: Clothes Lines. No clothes lines are to be installed on any Lot. Section 17. Grading and Contour Changes. No grading or other soil or earthwork shall be performed on a Lot until plans for placing improvements on such Lot have been properly approved by the Architectural Review Committee, and then only to the extent contemplated by such approved plan. After completion of each set of improvements on a Lot,the ground shall be restored, as nearly as possible,to its original contours and appearance except to the extent of any changes previously approved by the Agricultural Review Committee as follows: contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Committee. Section 18: Commencing and Finishing Construction. Once construction of any structure is commenced on any Lot,with the prior approval of the Architectural Review Committee,such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Committee, within nine months of commencement, or such longer time as the Architectural Review Committee has reasonably consented to, in light of the nature of the project or other factors. Commencement of construction shall be deemed to commence with the first substantial construction activity(including earthwork). 7 • Section 19: Rebuilding._Any structure which is destroyed in whole or in part by fire,windstorm or from any other cause or act of God must be rebuilt, or all debris must be removed and the Lot restored to a sightly condition,within nine months of the time the damage occurs. Section 20: Title to Common Facilities,Common Areas and Open Space. The Declarant may retain legal title to all or part of the Common Facilities,Common Areas and Open Space until such time as,in the opinion of the Declarant,the Association is able to maintain the same. Nonetheless the Declarant shall convey all such Common Facilities, Commons Areas and Open space to the Association not later than sixty (60) days after the date when the Declarant is fee simple owner of less than twenty-five (25) percent of the Lots. Certain Common Facilities such as drainage and utility easements and detention ponds are located in and considered part of the Common Area and the Association is deemed the beneficiary of such facilities. Section 21: Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities and Open Space shall be subject to the following: A. The rights of the Association, as provided by its Articles or Bylaws,to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid;and for any period not to exceed thirty(30)days for any infraction of its published rules and regulations; and B. The right of the Association to limit the number of guests of members and the circumstances under which guests may use the Common Facilities and/or Open Space. Section 22: Bridal Path. No use shall be made by Appaloosa Acres Estates PUD members of the twelve-foot wide Bridle Path located around the perimeter of Appaloosa Acres Estates PUD,as designated on the Fourth Replat of Gilbaughs Appaloosa Acres,recorded in the public records of Weld County,Colorado on e/2772.727/ at Reception N . t".ji' ele/7te-ceY 'ki S��il fl L3' 2/ e547 o Easements. Easements for the installation and maintenance of utilities, ditches, landscaping,streets and drainage facilities are reserved as shown on the Plat,or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,which may change the direction of flow of drainage channels in the easements, which hinders or obstructs the use of the irrigation system, or which adversely affects landscaping installed by the Declarant. If any landscaping or structure is installed which violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen(15)days after such notice is given,and if the owner fails to move the landscaping or structure within that time,the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense,the owner shall pay for such work within three (3) days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each Lot and all improvements on it shall be maintained continuously by the owner of the Lot,except for those improvements or landscaping for which the Association,a public authority or utility company is responsible. Section 24: Common Facilities Water Meter. In addition to the individual water taps for each of the 22 Lots,an additional,separate and exterior water tap and meter shall be installed and set apartto supply and measure water to be exclusively applied to the Common Facilities and Open Space. All fees and charges for installation, maintenance, repair and water usage concerning said additional tap and meter shall be assessed to the Homeowner's Association. Easements for the installation, maintenance, reading and removal, if any, of such additional water tap and meter are hereby reserved to the Association. 8 Section 25: Drainage. Each Owner is responsible for providing adequate water drainage from the Owner's Lot into storm drains or street facilities so that such water does not drain onto adjacent Lots, unless otherwise provided for o an approved drainage plan. No chemicals or petroleum products shall be allowed to drain into storm drains or street gutters, but the provisions shall not prevent the application in normal quantities of customary insect, animal, or plant control substances,fertilizers and plant foods on Lots. Section 26: Interference with leach fields. Permanent landscaping,structures,dirt mounds, animal husbandry activities,or any other activity which will interfere with the construction, maintenance or function of the leach fields shall be restricted over the absorption field areas while in use. Section 27: Water and Sanitation, Any residence constructed on any Lot shall be connected with any public or community water system,which may be formed or created to serve the Common Interest Community. Septic systems are allowed subject to the approval of the ARC and Weld County or such other governmental entity having jurisdiction over the Property. Outhouses, chemical toilets, etc.are expressly prohibited except for the period of time during the construction of improvements on a Lot. Section 28: Maintenance of Vacant Lots. The owner of each Lot shall regularly mow vegetation on the lot so as to keep the majority of the vegetation to a height of less than six inches, and shall regularly remove any trash or other debris. If an owner fails to maintain a vacant Lot in accordance with such requirements, the Association shall have the right to mow such vegetation, and remove any trash or other debris. The Association shall establish and charge reasonable fees to the owners of such vacant Lots,for such services. Such services shall be deemed a service charge from the Association made solely to the owners of each of such vacant Lots. The owner shall be liable for reasonable attorneys,fees and costs incurred by the Association in collecting such service charge. Section 30: Maintenance of Landscaping. The landscaping on each Lot shall be maintained by the owner,subject however,to the right of the Association to perform any maintenance deemed necessary or desirable to maintain the high standards established for the Property, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's Lot in accordance with such requirements,the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such maintenance work within that time,the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owner's expense,the owner shall pay for such work within three(3)days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 31: Maintenance of Exteriors of Residences and other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Property shall be maintained in good, attractive condition by the owners thereof. All residences shall be repainted or re-stained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such owner's failure to do so,the Association may cause such residence or other buildings to be painted or stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owners Lot in accordance with the foregoing requirements,the Association may give the owner written notice to perform such work within no less than fifteen(15)days after such notice is given,and if the owner fails to perform such work within that time,the Association may have such work done at the expense of the owner. If the work is done by the Association at the owners expense,the owner shall pay for such work within three(3) days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount 9 from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 32: Animals. No livestock,horses,cattle,llamas, alpacas,swine,fowl,poultry shall be housed,raised,bred or kept on any Lot,except commonly accepted domestic household pets,provided they are not kept for commercial purposes and that they do not become a nuisance or an annoyance,and that such animals do not number more than four. Section 33: Unsightly Uses. All Lots shall at all times be maintained in a clean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any Lot. All landscaping, including grass, shall be irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any Lot. Trash containers shall be placed on the curb and returned from the curb only on pickup days. Nothing unsightly shall be hung from windows, railings,or fences. Section 34: Trash Removal. All residents within the Property shall have their trash picked up by the same trash-hauling company,on the same day of the week. At each annual meeting of the Association,the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section shall prohibit a resident within the Property from hauling trash or debris for himself or herself. Each resident within the Property shall be separately liable for the trash-hauling charges attributable to his or her Lot. Section 35: Mineral Exploration. No Lot within Appaloosa Acres Estates shall be used to explore for or to remove any oil,gas,gravel, or minerals of any sort. Section 36: Hunting. No hunting of any type shall be permitted in Appaloosa Acres Estates. All Lot owners are aware that hunting is permitted pursuant to County,State and Federal laws and regulations on adjoining properties and Declarant cannot control hunting activities on the surrounding properties. Section 37: Right to Farm. The rural land surrounding the Property are used for agriculture. Persons moving to the Property must recognize that there are agricultural practices ongoing and which will continue in the agricultural land surrounding this property. 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 areas: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. Agricultural users of the surrounding 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;hunting and trapping activities;shooting sports,legal hazing of nuisance wildlife; 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.Property owners and residents cannot take water from irrigation ditches, lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State 10 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 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. People 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 and open burning present real threats. 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. Notwithstanding the above recitals,this should not be construed to be a prohibition against any Lot Owner to request enforcement or to bring action on their own behalf to require surrounding property owners to comply with any federal,state,county or local requirement,rule,regulation,condition,resolution,statute or other law. Additionally, any property owner may bring actions for nuisance and other legal, equitable or common law claims. Section 38: Home Occupations. The conduct of a home occupation within a Residence on a Lot shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: 1. The home occupation shall be conducted only by the residents of the dwelling, and no nonresidents shall be employed in conjunction with the home occupation carried on in the dwelling. 2. The conduct of such home occupation must be of a type permitted under the zoning ordinance of the Weld County. 3. No evidence of a home occupation shall be visible from outside the dwelling unit. Section 39: Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. Any lease agreement shall be required to provide that the terms of this lease shall be subject in all respects to the provisions of this Declaration,and the Bylaws of the Association,and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. Section 40: Hazardous Materials. Storage,use or disposal of hazardous or radioactive materials within the Property is prohibited, unless specifically approved in advance by the Architectural Review Committee. Section 41: Nuisances. No noxious or offensive activities shall be carried on upon any Lot,nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 11 Section 42: Trucks,Recreational Vehicles. No trucks;trail bikes;trailers;recreational vehicles; snowmobiles;campers;trailers;boats;boat trailers;vehicles other than passenger vehicles or pickup or utility trucks with a capacity of one ton or less;shall be parked,stored or otherwise kept on any Lot or street or area within the Property, unless kept in a closed garage or approved outbuilding. No skimobile, snowmobile, all terrain vehicle (ATV), or other recreational vehicle powered by an internal combustion engine may be operated within the Property except for purposes of ingress and egress. The foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making deliveries or otherwise providing services to the Lots,in the ordinary course of their business. Section 43: Disabled Vehicles. Disabled automobiles shall not be stored on streets,driveways, lots, or common areas within the Property. No person shall repair or rebuild any vehicle within the Property, except within a garage. Cars allowed on the streets and driveways in the Property must at all times be operable, currently licensed, and maintain a current inspection sticker (if such inspection is required by a governmental entity). Section 44: Sales /Management Office and Model. Declarant reserves the right to maintain sales/management offices and models on the Property pursuant to Section 1 of Article V. Declarant and residential builders to whom Declarant has sold Lots may construct and maintain model residences within the Property. Such sales/management offices and model residences may be located on any Lot or Lots within the Property,and their location may be changed from time to time to other Lots within the Property.Declarant may maintain advertising signs on the Common Facilities within the Property, subject to state laws and local ordinances. ARTICLE VII ARCHITECTURAL STANDARDS Section 1: Restrictions.No improvement,building,storage structure,awning,fence or any other structure shall be erected, placed or altered on any Lot, nor shall there be any external modifications to any such improvement, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Committee in writing. Any building or storage structure must be located within the approved building envelope except as otherwise approved by the Architectural Review Committee. No landscaping shall be installed on any Lot, or altered thereafter, unless a landscaping plan showing the nature,type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Committee,in writing. Wdhout limiting the generality of the foregoing,prior approval of the Architectural Review Committee must be obtained for any of the following: (i)attachments to the exterior of a structure, (ii) installation of greenhouses, (iii)installation of patio covers,landscaping,screening,trellises and the like, (iv) change in exterior paint colors, (v) installation of any storage building and (vi) any other exterior change, including cosmetic changes such as garage doors,shutters and the like. The authority of the Architectural Review Committee shall extend to the quality, workmanship and materials for any structure proposed; conformity and harmony of exterior design and finish with existing structures within the Property; location of all structures with respect to the existing buildings,topography and finished ground elevation;and all other matters required to assure that such structures enhance the quality of the Property and are erected in accordance with the plan for the Property. No metal buildings shall be permitted. Section 2: Guidelines and Rules. The Architectural Review Committee shall adopt Guidelines and Rules governing the structures to be permitted in the Property, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Property,so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of Lots to single family residential buildings; guarding against unnecessary 12 interference with the natural beauty of the Property;and prohibiting improper uses of adjoining properties in the Property,all for the mutual benefits and protection of all owners. Section 3: Architectural Design. The overall building design of any improvements constructed on a Lot,including but not limited to,size,exterior materials,windows,shutters,colors,solar energy systems, shall be subject to the approval of the Architectural Review Committee in its sole discretion. For a fee of one- hundred dollars($100.00)or such other amount as may be required by the Architectural Review Committee, plans shall be submitted to the Architectural Review Committee for consideration, which may be rejected, modified or approved by the Architectural Review Committee in its sole discretion. Section 4: Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 1,400 square feet of finished above-ground living space for a one story dwelling and 1,700 square feet of finished above-ground living space for two story dwellings. No building shall exceed 40 feet in height, and no building shall exceed two stories and loft as viewed from the street side. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. Section 5: Brick and Stone. Each residence constructed on a Lot shall have,as a minimum,a facing of brick,stone,or other masonry as approved by the Architectural Review Committee,on the street-side of the house equal to one-half('IA)of the total finished area excluding the roof,doors and windows,and on the back side of the house equal to fifteen (15) percent of the total finished areas, excluding roof, doors and windows. Section 6: Colors Each residence constructed on a Lot shall have no less than three exterior colors, chosen from those available as detailed in the Architectural Rules and Guidelines, unless other wise approved by the Architectural Review Committee. Section 7: Exterior Dwelling Roofs. All roofs must be approved by the Architectural Review Committee and,unless otherwise approved by the Architectural Review Committee,all exterior dwelling roofs shall be at least a thirty-year warranty composition shingled roof. Roof vents shall match the shingles on the residence. Section 8: Garages and Parking. Garages and Parking. Each residence shall include an attached side-load garage having space for not less than two automobiles. An additional garage may be constructed if approved by the Architectural Review Committee. Each Lot must have provisions for off-street parking for at least two automobiles,exclusive of garage space,and said off-street parking shall be provided in such a manner as to not block or impair garage access to and from the street. Section 9: Materials and Workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. Section 10: Accessory Buildings. Garages, as well as small outbuildings for storage of lawn furniture,yard equipment,gardening equipment,and similar type items,which are well constructed and neat of appearance, shall be permitted only if the size, design, and location of said structure is approved by the Architectural Review Committee. Any approved shed shall be located within fifty(50)feet of the residence and shall not exceed eight-hundred(800)square feet in size,subject to the design and materials of the residence. Section 11: Rear Porch or Deck. Each residence constructed on a Lot shall include a one- hundred(100)square-foot patio or porch covered by the roof,or,alternatively,a one-hundred(100)square-foot deck and arbor,to be approved by the Architecture Review Committee. 13 ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE Section 1: Establishment and Membership of Architectural Review Committee. An Architectural Review Committee has been established by Declarant. The Architectural Review Committee shall continue until such time as the Association may be dissolved. The Architectural Review Committee shall initially consist of three (3) members appointed by Declarant. Until sixty (60) days after seventeen (17) Lots within the Property have been sold by the Declarant, the Declarant shall appoint the Architectural Review Committee, including replacement members for any person who retires, resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Committee. The Association shall name the members of the Architectural Review Committee, once the Declarant's exclusive right to do so ceases. Members of the Architectural Review Committee appointed by Declarant may be removed at any time by Declarant and shall serve until they resign or are removed by Declarant. Members of the Architectural Review Committee appointed by the Association may be removed at any time by the Association,and shall serve for such term as may be designated by the Association or until they resign or are removed by the Association. Section 2: Professional Builder. The owner of each Lot shall retain a qualified, professional contractor to construct the residence and all significant improvements on such owners Lot. Section 3: Address of Architectural Review Committee. The address of the Architectural Review Committee shall be at the principal office of the Association. Section 4: Submission of Plans. Prior to commencement of work to accomplish any proposed improvement to property, the person proposing to make such improvement to property ("Applicant") shall submit to the Architectural Review Committee at its offices such descriptions, surveys, plot plans, drainage plans,elevation drawings,landscaping plans,construction plans,specifications and samples of materials and colors as the Architectural Review Committee shall reasonably request showing the nature,kind,shape,height, width,color,materials,and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Committee or its authorized agent. The Architectural Review Committee may require submission of additional plans,specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Committee of all required materials in connection with the proposed improvement to property, the Architectural Review Committee may postpone review of any materials submitted for approval.An example of a recommended set of plans to be submitted to the Architectural Review Committee is contained in the Guidelines and Rules. Section 5: Criteria for Approval. The Architectural Review Committee shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole; that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the development area;that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners;and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Community Association. The Architectural Review Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Committee may deem appropriate. Section 6: Architectural Review Committee Guidelines or Rules. The Architectural Review Committee shall issue guidelines or rules relating to the procedures,materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. Section 7: Architectural Review Fees. The Architectural Review Committee may, in its Guidelines and Rules, provide for payment of fees to accompany each request for approval of any proposed 14 improvement to property. The Architectural Review Committee may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property,or the fees may be determined in any other reasonable manner,such as based upon the reasonable cost of the proposed improvement to property. Section 8: Decision of Architectural Review Committee. The decision of the Architectural Review Committee shall be made within fifteen(15)days after receipt by the Architectural Review Committee of all materials required by the Architectural Review Committee. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property, the reason therefor shall be stated. The decision of the Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Committee. Section 9: Failure of Architectural Review Committee to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved as proposed,unless disapproval or a request for additional information or materials is transmitted to the applicant by the Architectural Review Committee within fifteen (15) days after the date of receipt by the Architectural Review Committee of all required materials. Section 10: Notice of Completion. Promptly upon completion of the improvement to property,the applicant shall give written notice of completion to the Architectural Review Committee and,for all purposes hereunder, the date of receipt of such notice of completion by the Architectural Review Committee shall be deemed to be the date of completion of such improvement to property. Section 11: Inspection of Work. The Architectural Review Committee or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion,provided that the right of inspection shall terminate fifteen(15) days after the Architectural Review Committee shall have received a notice of completion from the applicant. Section 12: Notice of Noncompliance. If,as a result of inspections or otherwise,the Architectural Review Committee finds that any improvement to property has been done without obtaining the approval of the Architectural Review Committee or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Committee or was not completed within one year after the date of approval by the Architectural Review Committee,the Architectural Review Committee shall notify the applicant in writing of the noncompliance which notice shall be given,in any event,within thirty(30)days after the Architectural Review Committee receives a notice of completion from the applicant The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. Section 13: Failure of Architectural Review Committee to Act After Completion. If,for any reason other than the applicant's actor neglect,the Architectural Review Committee fails to notify the applicant of any noncompliance within thirty (30) days after receipt by the Architectural Review Committee of written notice of completion from the applicant, the improvement to property shall be deemed in compliance if the improvement to property was,in fact, completed as of the date of notice of completion. Section 14: Correction of Noncompliance. If the Architectural Review Committee determines that a noncompliance exists,the applicant shall remedy or remove the same within a period of not more than forty-five(45)days from the date of receipt by the applicant of the ruling of the Architectural Review Committee. If the applicant does not comply with the Architectural Review Committee's ruling within such period,the matter may be referred to the Association,and the Association may,in its discretion,record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the noncompliant improvement,or may otherwise remedy the noncompliance,and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity,or under this Declaration. 15 Section 15: No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Committee or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Committee or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Committee of any improvement to property shall not constitute approval of, or obligate the Architectural Review Committee to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. Section 16: Architectural Review Committee Power to Grant Variances. The Architectural Review Committee may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration,including restrictions upon height,size,floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Committee. If any such variance is granted,no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted;provided,however,that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance,nor shall the granting of a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned,including,but not limited to,zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. Section 17: Compensation of Members. Members of the Architectural Review Committee shall receive no compensation for services rendered,except for its professional members,who shall be reasonably compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. Section 18: Meetings of Architectural Review Committee. The Architectural Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Committee may,from time to time,by resolution in writing adopted by a majority of the members,designate a Architectural Review Committee Representative (who may, but need not,be one of its members)to take any action or perform any duties for or on behalf of the Architectural Review Committee, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Committee Representative within the authority of such Architectural Review Committee Representative or the written consent or the vote of a majority of the members of the Architectural Review Committee shall constitute action of the Architectural Review Committee. Section 19: Records of Actions. The Architectural Review Committee shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Committee and the Architectural Review Committee shall keep a permanent record of such reported actions. Section 20: Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Committee,furnish a certificate with respect to the approval or disapproval of any improvement to property or with respectto whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. Section 21: Nonliability for Architectural Review Committee Action. None of the Architectural Review Committee,any member of the Architectural Review Committee,any Architectural Review Committee Representative,the Association,any member of the Association's Board of Directors or Declarant shall be liable for any loss,damage or injury arising out of or in any way connected with the performance of the duties of the Architectural Review Committee unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter,the Architectural Review Committee shall not be responsible for reviewing,nor shall its approval of, an improvement to property be deemed approval of the improvement to property from the 16 standpoint of safety,whether structural or otherwise,or conformance with building codes or othergovemmental laws or regulations. ARTICLE IX THE ASSOCIATION Section 1: Articles of Incorporation and Bylaws. The interests of all Lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Appaloosa Acres Estates PUD Homeowners Association and by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association,the terms of this Declaration shall be controlling. Section 2: Membership.Each owner of a Lot,upon becoming an owner,shall be a member of the Association and shall remain a member for the period of his ownership. Section 3: Examination of Books by First Mortgagee. The holder of any recorded first mortgage or deed of trust on a Lot in the Property will,upon request, be entitled to: (a) Inspect the books and records of the Association during normal business hours; (b) Receive an annual financial statement of the Association within ninety(90)days following the end of each fiscal year of the Association;and (c) Written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings. Section 4: Powers. The Association shall be granted all of the powers necessary to govern, manage,maintain,repair,administer and regulate the Open Space and Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least seventy-five percent (75%) of the first mortgagees of Lots(based upon one vote for each first mortgage owned or held)have given their prior,written approval,and except or otherwise provided herein,the Association shall not be empowered or entitled to: (a) By act or omission,seek to abandon or terminate the Declaration; (b) By act or omission,seek to abandon,partition,subdivide,encumber,sell or transfer the Open Space;and (c) Use hazard insurance proceeds for loss to the Open Space and Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. Section 5. Creation of Lien and Personal Obligation of Assessments and Special Assessments. The Declarants, for each Lot owned within the Property,shall be deemed to covenant and agree, and each Owner of any Lot, by acceptance of a deed therefore shall be deemed to covenant and agree to pay to the Association all Assessments and Fines,together with such interest thereon and costs of collection thereof. Said Assessments, fines, interest and costs of collection, including reasonable attorney's fees,shall be a charge upon the land and shall be a continuing lien upon the Lot against which each such Assessment or fine is made. Such assessments and fines, including reasonable attorney's fees, shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment or fine came due. The personal obligation for any delinquent assessment or fine shall not pass to an Owner's successor in title unless expressly assumed by them. No Lot Owner may become exempt from liability for payment of assessments or fines by waiver of the use or enjoyment of the Common Facilities or Open Space, or by abandonment of the Lot against which assessments are made. Section 6. Purpose of Assessments, The Assessments by the Association shall be used exclusively 17 for promoting the health, safety and welfare of the residents in the Common Interest Community; for the maintenance, repair and upkeep of the Common Facilities and Open Space and for any other maintenance obligations or common services which may be deemed necessary by the Association for the common benefit of the Lot Owners,or the maintenance of property values,or for the payment of expenses which may be incurred by agreement with or requirement of any city,county or other local government authority,and to provide for all other expenses incurred by the Association in performing its duties under this Declaration and the Act. The Assessments shall further be used to provide adequate insurance of various types,and in such amounts as the Association deems necessary concerning the Common Facilities ad Open Space within the Common Interest Community. The Assessments shall provide a reserve fund as the Association determines is necessary to adequately provide such replacements as may be required by this Declaration. Section 7. Annual Common Expense Assessment. The total annual Common Expense Assessment against all Lots shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during the subject year, which estimates may include, among other things: Expenses of maintaining the Association and providing management for the Common Interest Community; Premiums for all insurance which the Association is required or permitted to maintain; Repairs and maintenance to or replacement of the Common Facilities and Open Space, including common roads; Snow removal from the common roads; Wages for Association employees,if any; Legal,accounting and property management fees; Any deficit remaining from a previous year; The creation of reasonable replacement or contingency reserves,working capital and/or sinking funds; and Any other costs, expenses and fees which may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Lot Owners. The Common Expense Assessments shall include and amount sufficient for the Association to carry out its maintenance responsibilities with respect to the Common Facilities and Open Space. That portion of the Common Expense Assessments intended or roads, landscaping, maintenance, repairs and replacements (collectively,"Maintenance Costs")shall be set aside in a separately designated fund. The initial amount of the Common Expense Assessments shall be not less than fifty dollars ($50.00) per month per Lot,with annual adjustments for inflation as reasonably determined by the Association. Such Common Expense Assessments shall be collected at such intervals as is determined by the Association, but not less frequently than on an annual basis. Section 8. Special Assessments. (1) In addition to Common Expense Assessments,the Association may from time to time make Special Assessments for defraying, in whole or in part, payments for any operating deficit and/or unbudgeted costs, for fees and expenses of any construction,reconstruction, repair, demolition, replacement or maintenance of the Common Facilities or Open Space, or for "Capital Improvements" or "Capital Acquisitions". Any such Special Assessment must be approved by not less than sixty-seven(67)percent of the Members who are voting in person or by proxy at a meeting duly called for that purpose. No Special Assessment for legal action pursued by the Association shall be required of the Declarants without the written approval of the Declarants. The amounts assessed by Special Assessment shall be divided equally among the Lot Owners. (2) "Capital Improvements"as used herein shall mean the construction,erection or installation of substantial structures or other improvements to the Common Facilities or Open Space, but shall not include Common Facilities which may hereafter be constructed,erected or installed 18 on the Property by the Declarants in their development of the Common Interest Community. (3) "Capital Acquisitions" as used herein shall mean the purchase, lease or other acquisition of real property interests in and about the Common Interest Community,including,but not limited to, access to private an/or public lands in the vicinity of the Common Interest Community or other property interests which will benefit and enhance the use and enjoyment o the Common Interest Community by the Lot Owners,but shall not include any capital acquisitions hereafter made by the Declarants in their development of the Common Interest Community. (4) Notice in writing setting forth the amount of such Special Assessment per Lot and the due date for payment thereof shall be given to the Lot Owners not less than sixty(60)days prior to such due date. (5) Written notice of any meeting called for taking any action authorized under this section shall be sent to all Members not less than ten (10)or more than fifty-nine(59)days in advance of the meeting. At the first such meeting, the presence of Members or of proxies, if permitted, entitled to cast fifty percent(50%)of all votes of the membership shall constitute a quorum. If the required quorum is not present, the meeting shall be continued to another date to be decided by the voting members at the first meeting, and it will be called subject to the same notice requirements,and the required quorum at the subsequent meeting shall be twenty-five percent (25%) of all votes of the membership. No such subsequent meeting shall be held more than sixty(60) days following the first meeting. Section 9. Rate of Assessment. Each Lot shall be responsible for 1/22 of all Common Expense Assessments, plus any Special Assessments allocated to each Lot. Notwithstanding the foregoing, any Common Expense Assessments for Special Assessments which upon the Association's sole discretion benefit fewer than all Lots shall be assessed exclusively against the Lots benefited. Section 10. Date of Commencement of Annual Common Expense Assessments and Budget. Common Expense Assessments shall commence upon the sale of the first Lot. The first Common Expense 'Assessment applied to each initial Lot sale shall be prorated according to the number of days remaining in the Assessment period established by the Association, and the date due shall be established by the Association:, After the first budget year of the Association,within thirty(30)days after adoption of a proposed budget for the Common Interest Community,the Association shall provide a summary of the budget to each Lot Owner and shall set a date for a meeting of the Lot Owners to consider ratification of the budget. The meeting shall be not less than fourteen(14)nor more than fifty-nine(59)days after the mailing of the summary. The budget shall be ratified unless a majority of all Members reject the budget,whether or not a quorum is present. If the proposed budget is rejected,the periodic budget last ratified by the Lot Owners shall continue until the Lot Owners ratify a new budget. Section 11: Assessments For Other Charges. The Association shall have the rightto charge Lot owners for special services provided by the Association to such owner including, but not limited to, those matters set forth in Articles VI and VIII of this Declaration. That is,such services shall be deemed to have been provided for the exclusive benefit of such Lot owners under Section 38-33.3-315(3)(b) of the Act. The Association shall also have the right to charge a Lot owner for any expense caused by the misconduct of such Lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charges or charges due to misconductthat are not paid when due;said lien shall include court costs and reasonable attorneys'fees incurred by the Association in collecting said charges. Section 12: No Other Common Facility Liens. No additional liens,other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by Lot owners, other than as set forth herein. Section 13: Assessments. The total amount of expenses and special service and misconduct charges assessed against each Lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of his Lot. An owner's loss of a Lot by 19 foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owners liability for assessments and changes accrued prior to the date hereof.The Association shall have the authority to take prompt action to collect any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default in the payment of a special service charge or assessment,the Lot owner shall be obligated to pay interest at the rate of eighteen percent (18%)per annum on the amount of the assessment from due date thereof,together with all expenses,including attorneys' fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. Suit to recover a money judgment for unpaid special service charges or assessments shall be maintainable without foreclosing the lien described in Section 13 below and such suit shall not be or construed to be a waiver of lien. Section 14: Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any Lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such Lot superior to all other liens and encumbrances,except only for tax and special assessment liens on the Lot in favor of any governmental assessing entity, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount of the accrued interest and late charges thereon,the name of the owner of the Lot and a description of the Lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County,Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums,with interest and other charges thereon,shall have been paid in full. Section 15: Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owners Lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings,the owner shall be required to pay the costs,expenses and attorneys' fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorneys'fees incurred. The owner of the Lot being foreclosed shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the Lot during the period of foreclosure,and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage,vote the votes appurtenant to,convey or otherwise deal with the same upon acquiring title to such Lot. Section 16: Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a Lot any default in the performance by any Lot mortgagor of any obligation underthe Declaration which is not cured within sixty(60)days. Section 17: Release of Lien. The recorded lien may be released by recording a Release of lien signed by an officer of the Association on behalf of the Association. Section 18: Lien Subordinate to First Mortgage - Limitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the Lot subject to assessment; PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure,or any other proceeding in lieu of foreclosure. Such sale or transfer shall cause such Lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such Lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Section 19: First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration,in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder thereof to foreclose the same,any sale under such foreclosure,including the delivery of a deed in lieu to such first mortgagee,shall be made free and clear of all then due and owing assessments. 20 No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a Lot. Section 20: Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed One Hundred Dollars($100.00),and upon the written request of any owner or any mortgagee or prospective owner of a Lot,the Association shall issue a written statement setting forth the amount of the unpaid common expenses,if any,with respect to the subject Lot,the amount of the current monthly assessment and the date that such assessments becomes due,credit for any advanced payments of common assessments,for prepaid items,such as prepaid items,such as insurance premiums,but not including accumulated amounts for reserves or sinking funds, if any, which statements shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within twenty(20)days,all unpaid common expenses which become due prior to the date of making such requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee of such Lot,the grantee shall not be liable for, nor shall the Lot conveyed be subject to a lien for any unpaid assessments against said Lot. The provisions set forth in this Section 18 shall not apply to the initial sales and conveyances of the Lots made by Declarant, and such sales shall be free from all common expenses to the date of conveyance. Section 21: Mortgages-Priority. Each owner shall have the right from time to time to mortgage or encumber his interest by deed of trust,mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a Lot may create junior mortgages, liens or encumbrances on the following conditions: (1) that any such junior mortgages shall always be subordinate to all of the terms,conditions,covenants,restrictions,uses,limitations,obligations,lien for unpaid assessments,and other obligations created by this Declaration,the Articles of Incorporation and the Bylaws of the Association;(2)that the mortgagee under any junior mortgage shall release,for the purpose of restoration of any improvements upon the mortgages premises, all of his right,title and interest in and to the proceeds under all insurable policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association,and if such request is not granted,such release may be executed by the Association as an attorney-in-fact for such junior mortgage.Additionally,any mortgage or lien is subordinate to these Covenants and the approved Development Agreement. Section 22: Fire Protection. The Declarant has provided fire hydrants for Appaloosa Acres Estates PUD.The Homeowners'Association shall be responsible for repair of any damage to any fire hydrants servicing Appaloosa Acres Estates PUD and for any damage to water lines running to such fire hydrants from the main water line. Section 23. Water Fees. The Homeowners Association shall be responsible to pay all necessary fees to maintain water rights assigned to the Homeowners Association. Section 24. Maintenance of Open Space. The Homeowners Association shall be responsible for the maintenance of, including irrigation, mowing,weed control and landscaping of the Open Space. Mowing shall occur at a rate sufficient to maintain the majority height of the vegetation to not more than six inches. Section 25. Maintenance of Bus Stop and Entry Sign. The Homeowners Association shall be responsible for the maintenance of the entry sign and bus stop for Appaloosa Acres Estates PUD. ARTICLE X GENERAL PROVISIONS Section 1: Duration. Subject to the provisions of Section 1 of this Article,this Declaration shall remain in full force and effect,shall run with the land and shall be binding on all persons having any interest in any Lot in the Property for a period of twenty(20)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a 21 majority of the then-owners of Lots in the Property has been recorded agreeing to change or terminate the Declaration in whole or in part. Section 2: Amendments. a. Subject to Article X,Section 9,this Declaration,or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least seventy-five percent (75%) of the Lots in the Property and one hundred percent(100%) of the holders of recorded first mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of Lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado or ordinances of Weld County. No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. b. The covenants contained in this Declaration requiring repair and maintenance of common roads shall not be amended or terminated without the consent of the Weld County Board of County Commissioners. Section 3: Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity,enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. Section 4: Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Committee or Declarant to enforce any covenant or provision hereof. This Section 4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. Section 5: Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. Section 6: Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. Section 7: Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders,and the use of the singular shall be deemed to refer to the plural, and vice versa,when the context so requires. Section 8: Notices. Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid,to the latest address given by such member to the Secretary of the Association. In such event,notice shall be deemed effective three (3)days after such deposit into the United States mail. Notices may also be given by certified or registered mail,or by hand delivery. If hand delivered,notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail,notice shall be deemed effective three(3) days after deposit into the United States mail,sufficient postage prepaid. Section 9: Dissolution. The Homeowners Association cannot be dissolved without the written approval of the governmental entity having jurisdiction over the Property. Section 10: Enforcement.These Covenants may be enforced by any Lot Owner,the Declarant,or the governmental entity having jurisdiction over the Property. In the event of an enforcement action, the prevailing party shall be entitled to an award of all reasonable and appropriate costs, expenses and attorney fees. 22 IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed as of the day and year first above written. DECLARANT: Wake,LLLP By: STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed,sworn to,and acknowledged before me this Niel day of ZSanuLLr y ,2004 by A.(3f o`'1(MINI WITNESS MY HAND AND OFFICIAL SEAL. My commission expires:rn(k f Cln \`J t awe. ft�aRr..F�B.� 4 II Not Public JENELLE BELLEW I�tq,F'OF•tO'- ' J 23 Exhibit"A" All of Appaloosa Acres Estates PUD, Lot 15 C; Fourth Replat of Gilbaughs Appaloosa Acres: being in the West IA of the Southwest''%of Section 33,Township 7 North,Range 65 West el the 6th Prime Meridian, Weld County, Colorado, according to the Plat thereof recorded on g-j j - )coy' at Reception No. I ')c 57 of the Weld County, Colorado public records. • 24 MEMORANDUM En GC Eg/ c co co • o TO: Clifford Clift, Fern Hill Farm , ,- \ to Peter Schei, Weld County Public Works c tC. ' o ch pfi.mb 3 0 FROM: Matt Delich f,._, �n O �fF OJ � t n` O) U DATE: December 21, 2004 '\ f r - .4 ',/ I * via, z v_ SUBJECT: Appaloosa Acres Estates PUD traffic study w (File: 04109ME1) 0 J • o This memorandum evaluates the trip generation, trip > N distribution, intersection operation, and auxiliary lane requirements E ch related to Appaloosa Acres Estates PUD. Appaloosa Acres is a large 0 co z o lot development proposed to have 22 single family detached dwelling > o^ units. The site is located north of WCR74 approximately 2 miles east = rn of Eaton. The site location is shown in Figure 1. A single access z w road is proposed approximately 1000 feet east of the WCR74/WCR41 intersection. Weld County Road 74 is a paved two-lane road with Cl = minimal shoulders. N M N Daily and peak hour traffic counts were obtained on December 14, 2004 at the approximate location of the proposed site access road. These counts are shown in Figure 2. Raw traffic data is provided in Appendix B. The posted speed on WCR74 is 55 mph. For analysis purposes, WCR74 is categorized as an RB highway (rural highway) , as described in the State Highway Access Code (SHAC) . Weld County utilizes the SHAC to evaluate the need for auxiliary lanes. Using Trip Generation, 71h Edition, ITE as a reference, Appaloosa Acres is expected to generate 210 daily trip ends, 16 morning peak hour trip ends, and 22 afternoon peak hour trip ends. This is shown in Table 1. Given the location of Appaloosa Acres, the W peak hour trip generation is estimated at 75 percent to/from the west Q and 25 percent to/from the east. The site generated traffic z assignment is shown in Figure 3. w j zw Traffic analyses typically develop a traffic forecast that V a covers the short range and long range future horizons. For analysis z purposes, the short range future is the year 2010 and the long range J w z future is the year 2025. Traffic on WCR74 is expected to grow W o modestly in the future. Based upon CDOT traffic forecasts on other O east/west roads in the area and North Front Range traffic forecasts, a growth factor of 3 percent per year was used for WCR74. Figure 4 7 h shows the short range (2010) and long range (2025) traffic forecasts z on WCR74. Figures 5 and 6 show the respective short range (2010) and F long range (2025) peak hour traffic at the WCR74/Site Access W intersection. Tables 2 and 3 show the respective short range (2010) and long range (2025) peak hour operation at the WCR74/Site Access I (-) intersection. The subject intersection will operate acceptably in ra the future. Calculation forms are provided in Appendix B. cc F- 2 Using the traffic forecasts shown in Figures 5 and 6, no auxiliary lanes will be required at the WCR74/Site Access intersection. • The auxiliary lane threshold volumes for an RB highway are as follows: • Right-turn deceleration lane - >25 vph • Left-turn deceleration lane - >10 vph • Right-turn acceleration lane - >50 vph None of these auxiliary lane criteria will be met. If the trip distribution were changed such that the eastbound left turns in the afternoon peak hour increased to greater than 10 vph, the left-turn auxiliary lane would still not be required. In Section 3.5(5) in the SHAC, a left-turn deceleration lane may be dropped if the opposing traffic is predicted to be 100 vph in the 20 year future. The westbound opposing volume is forecasted to be 87 vph. In addition to this, the calculated 95th percentile queue for the left turn is one vehicle (see the calculation forms in Appendix B) . It is concluded that the site access to Appaloosa Acres Estates PUD from WCR74 will operate acceptably. No auxiliary lanes will be required at the WCR74/Site Access intersection. r V Appaloosa EATON Acres i Estates PUD WCR74 rnCT � v cc U V c N CO (J1 c Z O Z -13 T_ 6Tc r 7) O SCALE: 1"=3000' SITE LOCATION Figure 1 N r tc 109/47 1896 p WCR74 61/93 AM/PM Daily -RECENT TRAFFIC COUNTS Figure 2 r y j a N > U a N 1/4 WCR74 3/10 AM/PM SITE GENERATED PEAK HOUR TRAFFIC Figure 3 TABLE 1 Trip Generation • ,tia'sk`:x< '+=e.,:tk a fe�;�s taw :iy'Y .._ 210 S ogle Family Detached 22 00 9.57 210 0.19 4 0.56 12 0.64 14 0.37 8 TABLE 2 Short Range(2010) Peak Hour Operation + .,- " ' `` at -nk;i'"s� 3c - 3 4? 'ss e r v +r ,,.,,ict,Access SB LT/RT (stop sign) A A EB LT A A WCR74/Site TABLE 3 Long Range(2025) Peak Hour Operation x max* 5t:iat 3-tt-.t .<;t- _ _* A,x"K. _ � �rxS -k'+, ..cv3�� 'Aa,?, rs+r +,v"� : � ",` WCR74/Site Access SB LT/RT A A (stop sign) EB LT A A U 130/56 2264 WCR74 73/111 AM/PM Daily SHORT RANGE (2010) TRAFFIC FORECAST N 203/87 3527 f H WCR74 113/173 f- AM/PM Daily LONG RANGE (2025) TRAFFIC FORECAST FUTURE YEAR TRAFFIC FORECASTS Figure 4 AlIS ) 1/4 f 130/56 WCR74 3/10 73/111 -� f AM/PM -SHORT RANGE (2010) PEAK HOUR TRAFFIC Figure 5 AS r re N Q a N 20 �J 1/4 3/87 WCR74 3/10 113/173 - AM/PM LONG RANGE (2025) PEAK HOUR TRAFFIC Figure 6 APPENDIX A Weather Rocky Mountain Counts, LLC. Counted by: 1106 Cherry Ct. Site Codes : 000000008068 Board A Ft. Lupton, CO 80621 Start Date: 12/14/2004 Other Phone (303) 641-0445 Fax (303) 857-9191 File I.D. : WCR74EWCR41 - treet name :WCR 74 E. WCR 41 WESTBOUND Page 1 _gin < 1 >< 2 >< Combined > Tuesday Lime A.M. vi 5 Q.M. A.M. 4;B P.M. A.M. P.H. 12 00 12/14 0 1 1 6 1 22 ' 12 15 1 0 21 1 29 12 30 0 0 24 0 31 12 45 0 1 35 1 2 30 81 1 3 34 116 01 00 0 1 0 31 0 48 01 15 0 1 0 17 0 27 01 30 0 0 21 0 27 01 45 4 4 1 43 0 ' 14 83 4 4 24 126 02 00 0 1 21 1 28 02 15 0 1 0 12 0 26 02 30 0 0 29 0 37 02 45 0 ' 38 0 1 26 88 0 1 35 126 113 00 1 1 - 0 36 1 47 03 15 0 1 1 28 1 44 03 30 0 2 32 2 41 03 45 0 1 1 54 0 3 1B 114 0 _ . .4 36 .168 _. . 04 00 1 1 0 12 1 2B 04 15 0 1 0 24 0 34 .04 30 1 0 26 1 31 04 45 2 4 1 44 1 1 20 82 3 5 33 126 05 00 1 1 0 24 1 __. 35 ...... 05 15 5 1 2 23 7 41 05 30 2 2 6 16 8 36 05 45_ _ 6 14 1 67 8 28 91 6 22 46 158 • 06 00 6 2_.. 0 _. . 39._. 06 15 7 1 B 20 15 38 06 30 13 1 5 21 18 34 06 45 12 38 1 63 14 28 11 71 26 66 23 134 07 00 16 7 10 23 17 07 15 24 1 6 9 30 21 07 30 46 9 12 55 if 07 45 26 112 29 _.,.. 22 44 16 47 48156 21 76 OB 00 .. .. . 20 16 3 36 8 08 15 17 14 18 31 24 OE 30 12 14 8 26 11 OB 45 11_ 60 17 22 66 16 _. .95 . 3.3__._-126 ._ _14__ . 62 _. . 18 13 36 16 .. 09 15 17 7 4 24 9 09 30 9 12 4 21 7 09 45 14 58 13 31 68 1 22 45 126 3 35 1 00 _. ... 6 26 4 .32 5 15 8 18 2 26 3 10 30 10 13 4 23 8 10 45 6 30 7 28 85 4 14 34 115 5 21 11 00 5 _.- 36 _ 1 41 2 11 15 3 16 1 19 2 11 30 - 12 14 3 26 6 11 45 14 34 5 8 74 2 7 22 108 2 12 Totals 356 41 380 745 736 1160 Day Totals 771 1125 1896 Split % 48.3% 35.7 51.6% 64.2% Peak Hour 07:15 05:1 10:15 02:45 07:30 03:00 Volume 116 7 95 122 170 168 P.N.F. .63 .9 .65 .84 .77 .89 APPENDIX B 3: WCR74 & Site Access short total AM 12/21/2004 t 1► Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4 t) V Sign Control Free Free Stop Grade 0% 0% 0% Volume(veh/h) 3 73 130 1 4 12 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 3 79 141 1 4 13 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 142 228 142 vC1, stage 1 conf vol vC2,'stage 2 conf vol vCu, unblocked vol 142 228 142 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 100 99 99 cM capacity(veh/h) 1440 759 906 ORM*ane ".. .,S.EB S WS#.` at _ 4 4 X . r X-rg ` =a r . '" -4 r4% ,. Volume Total 83 142 17 Volume Left 3 0 4 Volume Right 0 1 13 cSH 1440 1700 864 Volume to Capacity 0.00 ' 0.08 0.02 Queue Length 95th (ft) 0 0 2 d- Q UCU� Control Delay(s) r. 0.0 93 Lane LOS A A Approach Delay(s) 0.3 0.0 9.3 Approach LOS A tltprt:"SUmtaf�yr.., .., $ '. .7C ; >.. Average Delay 0.8 Intersection Capacity Utilization 16.9% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 3: WCR74 & Site Access short total PM 12/21/2004 t \. J Movement EEL EBT WBT 'WBR SBL SBR Lane Configurations 4 I> M Sign Control Free Free Stop Grade 0% 0% 0% Volume(veh/h) 10 111 56 4 2 6 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 11 121 61 4 2 7 Pedestrians Lane Width(ft) Walking Speed(ft/s) Percent Blockage Right turn flare (veh) Median type Norte Median storage veh) Upstream signal(ft) pX, platoon unblocked vC, conflicting volume 65 205 63 vC1, stage 1 conf vol vC2,;stage 2 conf vol vCu, unblocked vol 65 205 63 tC;single(s) 4.1 6.4 62 tC,2 stage (s) tF(s) 22 3.5 33 p0 queue free% 99 100 99 ccMcapa�city(veh/h) 1537 777 1002 F;yy'�i.'"'S Volume Total 132 65 9 Volume Left 11 0 2 Volume Right 0 4 7 cSH 1537 1700 934 Volume to Capacity 0.01 0.04 0.01 Queue Length 95th (ft) CD 0 1 .4 QVEo&-- Control Delay(s) 0.7 0.0 8.9 Lane LOS A Approach Delay(s) 0.7 0.0 8.9 Approach LOS A ilg .. ..rai > n , -rte, 7g , Nl {f� ��;� 4'"t,.r+W."-,;.z� x a``,3��s- . ,-: �.. N1� -��'3w'^v� � ��t� irc , . Average Delay 0.8 Intersection Capacity Utilization 23.1% ' ICU Level.of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 3: WCR74 & Site Access long total AM 12/21/2004 Movement ESL EBT. WBT WBR SBL SBR Lane Configurations 4 1 V Sign Control Free Free Stop Grade 0% 0% 0% Volume(veh/h) 3 113 203 1 4 12 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 3 123 221 1 4 13 Pedestrians Lane Width(ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal(ft) pX, platoon unblocked vC, conflicting volume 222 351 221 vC1, stage 1 conf vol vC2,-stage 2 conf vol vCu, unblocked vol 222 351 221 tC, single(s) 4.1 6.4 6.2 . tC, 2 stage(s) IF(s) 2.2 3.5 3.3` p0 queue free% 100 99 98 cM capacity(veh/h) 1347 645 818 DfiISrfiarre-1C,57e.Ai*s,111D,`cnFSBAV.. �,�.. .,�`-; ..� �air�. isl�. � .++.II.�;�.��""�.�:-:?.�`'��k�"�.e�i ,�.+,zT. Volume Total 126 222 17 y Volume Left 3 0 4 Volume Right 0 1 13 cSH 1347 1700 767 Volume to Capacity 0.00 0.13 0.02 Queue Length 95th (ft) 0 2 G--- Q U&O G Control Delay(s) 0.2 0A 9.8 Lane LOS A A Approach Delay(s) 0.2 0.0 9.8 Approach LOS A .t .4;. i -aka— `f`"�'- l i "'1 v n s H+€f7 b -"` `-3"- h�ae�rf'�SYUf[fffita��'€'� � � k� z ,,=�s�3? ; „ �y..yti�d'`wk L�s-�?>�. sg Average Delay 0.5 Intersection Capacity Utilization 20/% ICU Level of Service A Analysis Period (min) 15 Synchro 6 Light Report Matthew J. Delich , P. E. Page 1 3: WCR74 & Site Access long total PM 12/21/2004 t _D. .~ t ` Movement ! _ .EBL EWE WET VWBR SBL SBR Lane Configurations 4 T. V Sign Control Free Free Stop Grade 0% 0% 0% Volume(veh/h) 10 173 87 4 2 6 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 11 188 95 4 2 7 Pedestrians Lane Width(ft) Walking Speed(it/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal(ft) pX, platoon unblocked vC, conflicting volume 99 307 97 vC1, stage 1 conf vol vC2,stage 2 conf vol vCu, unblocked vol 99 307 97 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF(s 2.2 3.5 3.3 p0 queue free % 99 100 99 cM capacity (veh/h) 1494 681 960 likWartgil-PfliC- A- __.. 1 r�al��.3 is`13 it9 n::13 L fie} e Volume Total 199 99 9 Volume Left 11 0 2 Volume Right 0 4 7 cSH 1494 1700 870 Volume to Capacity 0.�01 0.06 0.01 Queue Length 95th (ft) el 0 1 62u&c, Control Delay(s) " 0.5 0.0 9.2 Lane LOSA Approach Delay(s) 0.5 0:0 9.2 Approach LOS A '1.-d.i �. ' 4g471? Average Delay 0.6 Intersection Capacity Utilization 26.3%'. ICU Level of Service A Analysis Period (min) 15 Synchm 6 Light Report Matthew J. Delich , P. E. Page 1 Freese Engineering ENGINEERING CONSULTANTS MAILING ADDRESS:BOX 913 JASPER"JAY"FREESE OFFICE: 1523 6th Avenue REGISTERED PROFESSIONAL ENGINEER GREELEY,COLORADO 80632 REGISTERED LAND SURVEYOR PHONE: (970)352-0100 Final Drainage Report Appaloosa Acres Estates P.U.D. Lot 15 C, Fourth Replat of Gilbaugh Appaloosa Acres Part of the West Half of the Southwest Quarter of Section 33, Township 7 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado January 10, 2005 Prepared by: Freese Engineering 1523 6th Avenue Greeley, Colorado 80631 (970) 352-0100 I hereby attest that this report for the Final Drainage Design for Appaloosa Acres Estates P.U.D., was re_ ared by me, or under my direct supervision for the responsible parties thereof. ?R F �Pc' , Two F ' Jaspe. G �\P Registe �' ' � a'P ngineer State of Co i :,: ; o. 4392 JF: 2004-38 1 INTRODUCTION Appaloosa Acres Estates P.U.D. is located 2 miles East of Eaton, Colorado on Weld County Road 74. The P.U.D. is located in the West Half of the Southwest Quarter of Section 33, Township 7 North,Range 65 West of the 6th Principal Meridian, Weld County, Colorado The site is currently used for agricultural purposes (alfalfa) and slopes from the west to southeast at approximately 1.5%. The site will be developed into 22 single lots of one acre and a surrounding open space area of approximately 36 acres. A paved street approximately 2000 feet in length(Leola Way)will be constructed through the central portion of the site. The site is adjoined on the West by Gilbaugh's Appaloosa Acres Subdivision, on the North by farm land, on the East by farm land and on the South by Weld County Road 74 and two residential lots. The site contains 60.6 Acres, which will for drainage purposes be divided in to three basins. DRAINAGE BASIN The site is located in the Lone Tree Creek drainage basin water shed. However the site is not within any 100 year flood plain as shown on FEMA Maps 080266(0486 C, 0488 C and 0489 C) dated September 28, 1982. (composite map enclosed) SITE DRAINAGE BASINS The westerly drainage basin consist of open space and the rear of residential Lots 6 thru 15 and contains 22.9 acres. The easterly drainage basin consists of open space and the rear of residential Lots 1 thru 5 and Lots 16 thru 22 and contains 29.8 acres. The central drainage basin consists of Leola Way and the houses and driveways fronting Leola Way and contains 7.9 acres. DRAINAGE BASIN CHARACTERISTICS (developed) The site will consist of approximately 52.7 acres (87%of site) of open space which may be characterized as pasture,horse path, landscaped areas and back yard. The remainder of the site will be developed into street, gravel walk, houses and driveways 7.9 acres(13% of the site). HISTORIC DRAINAGE PATERNS OFF-SITE DRAINAGE FLOW PATTERNS Offsite drainage flow is considered from three(3)areas: 1. The area west of Weld County Road 41. 2. The subdivision west of the proposed Planed Unit Development and 3. Farmland north of the proposed Planed Unit Development. Areas to the east and south have no impact on the proposed site drainage. The impact of off site drainage appears to be minor. The area west of the site appears to run south in the borrow pits of Weld County Road 41 and then in the borrow pit along the north side of Weld County Road 74. The subdivision to the west(Gilbaugh's Appaloosa Acres) drainage appears to flow from the north to the south and is somewhat contained by the private road along its easterly JF: 2004-38 2 edge. The farm ground to the north flows west to east along its southern boundary and does not appear to effect the proposed pud. DRAINAGE FACILITY DESIGN CONCEPT The preliminary drainage study prepared by Diane Houtaling computed a runoff of 7.3 cfs. For a five (5)year storm, based on a C5 of 0.15. For design purposes the site has been divided into three (3)drainage basins. The choice of basins areas was driven by the existing and future contours and surface runoff coefficients. The water from these basins will flow into to three storm water detention ponds. Two located along the south property line and one located adjacent to the east property line. Water will be stored in these ponds and released into the borrow ditch along the north side of Weld County Road 74, at the historic rate of 7.3 cfs. DRAINAGE BASIN 1 (west) Storm water from the west drainage basin will be collected in a swale along the rear of Lots 6 thru 15. The water in this swale flows south to the west retention pond. (22.9 acres C100= 0.38). DRAINAGE BASIN 2 (easterly) Storm water from the east drainage basin will be collected in a swale along the rear of Lots 1 thru 5 and Lots 16 thru 22. The water in this swale flows east and south to the east retention pond. (29.8 acres CI00= 0.38). DRAINAGE BASIN 3 (street& houses) Storm water from the houses and Leola Way will be collected in the borrow ditch along each side of the street. The water form the west side of the street will be taken in a 12 inch diameter pipe across Leola Way to the pond in the southeast corner of the property, Flow along the east side of the street will flow directly into the pond. (7.9 acres C100= 0.53). RETENTION POND DESIGN CONCEPT The three(3) ponds have been designed to hold 9.6 af(6.9 af preliminary report). Release flows from pond 2 and 3 thru 10"diameter pipes into the borrow pit on the north side of Weld County Road 74 total 7.5 cfs. Table 1 below shows pond capacity, elevations and pipe and wier release for the three (3) ponds. Pond Acre Feet Weir Elev. Bottom Release Flow Weir 1 2.9 83.5 81.5 0 cfs 11.3 cfs 2 2.7 82.5 81.0 3.5 cfs 22.6 cfs 3 3.0 83.5 81.5 4.0 cfs 22.6 cfs Total 9.6 af 7.5 cfs 56.5 cfs RETENTION POND CAPACITY Based on 1 hr(100 year storm)no release Q=CIA Imo=2.78 in/hr Pond 1 0.53(2.78)(7.874) = 11.60 cfs 41,766 cf 1.0 af Pond 2 0.38(2.78)(29.789) =31.47 cfs 113,290 cf 2.6 af Pond 3 0.38(2.78)(22.934)=24.23 cfs 87,220 cf 2.0 af JF: 2004-38 3 Total 5.6 of .-. EMERGENCY DISCHARGE (WEIR) K=3.2 h= 0.5ft Pond 1 Q=KLH 3/2 =3.2(10)(0.5)3/211.3 cfs Pond 2 Q=KLH 3/2 =3.2(20)(0.5)3/222.6 cfs Pond 3 Q=KLH 3/2 =3.2(20)(0.5)3/222.6 cfs DISCHARGE ORIFACE OPENING SIZE (5 year historic) Use 10" diameter pipe Q= CoA(2GH)1/2 Co=0.65 A=0.5454 sf H(pond 2) = 1.5 ft H(pond 3)=2.O ft Q=0.65(0.5454)(96.6)1/2 = 3.47 cfs Q=0.65(0.5454)(128.8)1/2=4.02 cfs Total 7.49 cfs 7.5 cfs> 7.3 cfs(allowed)but acceptable. CONCLUSIONS The enclosed computations indicate that a 6.9 af of storage is required (9.6 af provided) and that a release rate of 7.5 cfs is provided. Flap gates will need to be provided on the two (2)pipes releasing into the borrow pit on Weld County Road 74 so that the borrow pit will not flow into the ponds. JF: 2004-38 4 Hello