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Home My WebLink About20050557.tiff . MINOR SUBDIVISION FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 0 5- - o 8 - 0 - 0 cJ - o in (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 application area, If additional space is required,attach an additional sheet) Legal Description Lit B of &i//hmendea /fE070s , Section 8 , Township 7 North, Range 67 West - 08-/ — ?eel &RE NU Property Address(If Applicable) 76 to Weld Count Road IV Fort GIIirs (8 Yo62 f Existing Zone District : Proposed Zone District: E Total Acreage:lot 3$ Proposed #/Lotsp // Average Lot Size: it6® /TC• Minimum Lot Size: 10.08 1 . Proposed Subdivision Name: Niue OM W0fe5 FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: Mary P £'a lug Revocalie 11O0 Tint & Ca? R. Carlson ei/o ile rust Work Phone# 303 204- WI Home Phone# 0 I 23E E ail Address o Iq Address: 756/ Kflr ra/ City/State/Zip Code Franktewnr CO 801/6 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Vame: i ff fif fl Couch PF C/o TERM Engr -eeri zq J 11 Work Phone# Tic 31- 3 Home Phone# ' 0 20 - i Ema Address "am CCAfCQSf. net Address: 31/6f( Shallow 'ear (rive City/State/Zip Code �f foci Co///it, CO f(03?r - wee /t UTILITIES: Water: NO VI Well Coolly Water UIS�rid Sewer: Gas: XI?! Electric: bath Valle REM Phone: 6WISt DISTRICTS: School: / J.t/e Sor Wclr� Coudty RE y Fire: POaa/e F/rt 1iV'Im7/''n 130ZZ,V(( Post: fort olhiti 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 indicating the signatory has the legal authority to sign for the corporation. ��[J Si nature:nature:B ner or Authorized Agent Date gnatuletOwner or Authorized Agent Date C'c// r E4 EXHIBIT 2005-0557 WELD COUNTY ROAD ACCESS INFORMATION SHEET RoadFite.#: Date: 12-10-03 ..chef Case#: Weld County Department of Public Works 111 H Street,P.O. Box 758, Greeley,Colorado 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 Nary F Cat/ ae Revac4lc Ltv Nth _ `1. Applicant Name & G,eccy�{ Q• C4yISae S&verRebVi�o Toil Phone (u s) 8/Y- 1713 Address 7561 k'et/)r mail city f_ifsifeto State eo Zip Well6 2. Address or Location of Access 76$0 4%k( &Ad4 lod if Zed huh/RE No.D7o- -al-I-? ale 117j Section 8 Township 7N Range 71✓ Subdivision Block — Lot — Weld County Road#: 81 Side of Road South,/ Distance from nearest intersection 2,9aa 3. Is there an existing access(es) to the property? Yes A7 No #of Accesses OZ( ' J • 4. Proposed Use: W Permanent % Residential/Agricultural ❑ Industrial O Temporary Subdivision O Commercial O Other 5. Site Sketch Legend for Access Description: AG E = Agricultural identi ® 6 RES = Residential WO I L_ O&G = Oil&Gas IU = Ditch Road = House yr;;At, O = Shed 2 q 0 7 ® © Exts4 Fnr,h kiss ad d &aNed Subdivision lcusj © tAyofll Cafrd En yency fkeecs 7 I state rnj4, iv JJ • OFFICE USE ONLY: Road ADT Date Road Accidents Date ADT Date Accidents Date Drainage Requirement Culvert Size Special Conditions Length ] Installation Authorized ❑ Information Insufficient Reviewed By: Title: -19- �- PRAIRIE RIDGE ESTATES MZ-1053 MINOR SUBDIVISION—FINAL PLAT November 11,2004 NARRATIVE RESPONSES SECTION 24-3-50 FINAL PLAT Items C through G C. Types of Uses Nine residential estate lots will be created by this proposed subdivision. Each lot will be between ten and thirteen acres in size. One residential structure along with two ancillary buildings will be permitted on each lot. D. Summary of Concerns The Summary of Concerns is based on the Prairie Ridge Estates Sketch Plan Review (MK-1053)provided by staff dated February 10, 2004. 1. Water Service An agreement for provision of water service has been provided by the North Weld County Water District (NWCWD). Both the Office of the State Engineer, Division of Water Resources and the Weld County Attorney's Office have provided correspondence approving this agreement. 2. Sewage Disposal Written evidence was provided by the Boxelder Sanitation District that a proposed line extension into this area would not be capable of providing service to this project. In addition, because the proposed lots are larger than five acres, a preliminary percolation report is not required. Sewage disposal for this project will be provided by Individual Sewage Disposal Systems. 3. Poudre Valley Fire Protection District. Comments from the Poudre Valley Fire Protection District have been received. District comments have been addressed including fire hydrant separation, line sizes, emergency access, tumarounds and roadway widths. 4. Weld County School District RE-4 An agreement with the School District has been provided. 5. US Postal Service Meetings with Mr. Cad Jenkins of the Fort Collins Post Office were completed to review the proposed project. Creation of an internal mail delivery area in the entryway area will satisfy postal needs. 6. Weld County Department of Public Works The Weld County Department of Public Works has provided written comments relating to this project. Submittal information will address these comments including County Road Impact Fees required by Ordinance 2002-11. 7. Cactus Hill Ditch Company The applicant has met twice with Mr. Steve Smith of the North Poudre Irrigation District which manages the Cactus Hill irrigation lateral. A twenty-five foot easement was provided to provide adequate room for ditch maintenance activities. An agreement with the Ditch Company has been provided. 8. Weld County Sheriff The entryway configuration and subdivision identification sign address the concerns outlined by the Weld County Sheriffs Office. 9. Colorado Geological Survey Based on their letter dated January 14, 2004, the Colorado Geological Survey has no objection with the proposed subdivision. 10. Town of Severance Severance indicated that their review identified no conflicts with their interests. At the time of Change of Zone submittal, a preliminary plat had not been approved for the Saddler Arena project located in close proximity but not adjacent to this project. As of the date of this summary, a preliminary plan has been approved; however, a final plat is still being processed. 11. Colorado Division of Wildlife According to Mr. Larry Ragstad, Division Director for the Colorado Division of Wildlife, his area supervisors will only respond to Weld County referrals if there is a Division concern. He indicated verbally that there is not a concern with this project. E. Number of Lots r-- Nine residential lots are proposed as part of this subdivision. F. Transportation Summary Carlson Court, a 2200 foot cul-de-sac will provide access to the proposed subdivision. The street is classified as a local street and connects to Weld County Road 84. As a local street, the right-of-way will be sixty feet wide, and the four inch thick gravel roadway surface will be thirty-two feet wide. Other features will be as follows: 1. Roadside swales 2 feet deep and fourteen feet wide located on both sides of the roadway will facilitate drainage. 2. A fitly foot radius turnaround at the end of the street will provide room for buses and fire trucks to reverse direction. 3. A widened entryway will provide a landscaped median with room for an identification sign, will provide a turnout for mail delivery and will provide an additional and more convenient turnaround for school buses. A pedestrian shelter will further define the bus loading area. 4. A gravel emergency access will connect the end of the cul-de-sac to Weld County Road 17. This emergency access will be gated on both ends. 5. Because of the rural character of the subdivision, there will be no paving, no sidewalks, no curb and gutter, no valley pans, and no parking allowed along the roadway. 6. Driveways to individual lots will include culverts to facilitate runoff. G. Public Lands There are NO public lands to be used as a school site, open space or park to be dedicated as part of this subdivision. Carlson Court will be dedicated for roadway purposes, but will be maintained privately by the Homeowners Association. r r-. PRAIRIE RIDGE ESTATES MZ-1053 MINOR SUBDIVISION—FINAL PLAT November 11,2004 NARRATIVE RESPONSES SECTION 24-3-60.1 FINAL PLAT Items 1 through 16 1. Compliance with Documents This project is in compliance with Chapter 23—Zoning, Chapter 24—Subdivisions and the Estate Zone District. No intergovernmental agreements or master plans are in place which affect this project. 2. Preserve Prime Agricultural Land This property has not been cultivated for over twelve years. It is not in an area considered to be prime agricultural land. 3. Water Service Water service adequate to provide flow for both domestic and fire needs will be provided by the North Weld County Water District via an eight inch water system. 4. Sewage Disposal Sewage Disposal will be provided by Individual Sewage Disposal Systems provided for each lot. Each system will be designed and constructed to meet Weld County Health Department regulations. 5. Soil Conditions Based on topographic surveys and geological evaluations completed for this subdivision, there are no soil or topographic conditions which would create a hazard or would require special precautions. 6. Street Classification Carlson Court is a 2,200 foot long cul-de-sac classified as a local street. All improvements meet the local standards outlined in Appendices 24D&24E. 7. Off-Site Roadway Improvements Off-site roadway improvements meet the requirements of adequate classification, capacity, width and structure. 8. Interior Road Maintenance The construction, maintenance, and snow removal of the interior roadway will be the responsibility of the landowner and Homeowners Association. 9. Contiguity The proposed subdivision is not contiguous to a previously recorded subdivision or unincorporated townsite. 10. On-Street Parking No on-street parking will be permitted within the subdivision. 11. Access Carlson Court will connect to Weld County Road 84 at only one location. 12. Internal Access All lots within the proposed subdivision will access only to the internal local roadway — Carlson Court. 13. Drainage A system of swales and detention ponds will collect stormwater runoff and mitigate releases onto adjacent properties. 14. Maximum Number of Lots Nine lots will be created as part of this proposed subdivision. 15. Service Providers Responses received to date from service providers including schools, water, gas, electric, telephone, irrigation, fire, police, and postal indicate a willingness and capability of providing service to this subdivision. The sheriffs office qualified their response based on meeting their multi-year plan goals. 16. Wildlife, Historical and Agricultural Land Preservation Wildlife There have been no wildlife comments or concems forwarded by the Colorado Division of Wildlife at this time. r" re—. Historical Sites There are no historical sites located on this project. Agricultural Land Preservation This property has not been cultivated in twelve years. A grass ground cover has been established and some limited grazing was permitted at various times. The proposed interior roadway, houses and driveways will cover only a small portion of the site while the remaining areas will remain grasslands. BYLAWS OF PRAIRIE RIDGE HOMEOWNERS ASSOCIATION,INC. ARTICLE I- INTRODUCTION These are the bylaws of the Prairie Ridge Homeowners Association, Inc. (the`Association') which shall operate Common Amenities,Roadway Easement and enforce the provisions of the Declaration of Covenants and Restrictions for Prairie Ridge Estates,a rural residential minor subdivision located in Weld County,Colorado,in accordance with the provisions of C.R.S.38- 33.3-tor,et sec. ARTICLE II-BOARD Section 2.1—Number and Qualifications—Termination of Declarant Control. (a) The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of not less than three persons,and following the period of Declarant control,may consist of as many as five persons,the majority of whom,excepting the Directors appointed by the Declarant,shall be Unit Owners. If any Unit is owned by a partnership or corporation,then any officer,partner or employee of that Unit Owner shall be eligible to serve as a Director and shall be deemed to be a Unit Owner for the purposes of the preceding sentence. Directors shall be elected by the Unit Owners,expect for those appointed by the Declarant. At any meeting at which Directors arc to be elected,the Unit Owners may,by resolution,adopt specific procedures which arc not consistent with these Bylaws or the Colorado Nonprofit Corporation Act for conducting the elections. (b) The terms of at least one-third of the Directors not appointed by the Declarant shall expire annually,as established in resolution of the I Jnit Owners. (c) The Declaration shall govern appointment of Directors of the Executive Board during the period of Declarant control. (d) The Executive Board shall elect the officers. The Directors and officers shall take office upon election. (e) At any time after Unit Owners,other than the Declarant,are entitled to elect a Director,the Association shall call a meeting and give not less than ro nor more than Go days notice to the Unit Owners for this purpose. This meeting may be called and the notice may be given by any Unit Owner if the Association fails to do so. '' Section 2.2-Powers and Duties. The Executive Board may act in all instances on behalf of the Association,except as provided in the Declaration,or in these Bylaws. The Executive Board shall have,subject to the limitations contained in the Declaration and the Act,the powers and duties necessary for the administration of the affairs of the Association and of the Community, including the following powers and duties: (a) Adopt and amend Bylaws and Rules and regulations promulgated thereunder; (b) Adopt and amend budgets for revenues,expenditures and reserves; (c) Collect assessments for Common Expenses from Unit Owners; (d) I Iire and discharge agents; (e) Hire and discharge employees,independent contractors and agents other than managing agents; (I) Institute,defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Association's Declaration,Bylaws or Rules in the Associations name,on behalf of the Association or two or more Unit Owners on matters affecting the Community; (g) Make contracts and incur liabilities; (h) Regulate the use,maintenance,repair,replacement and modification of Common Amenities; (i) Cause additional improvements to be made as a part of the Common Amenities; (j) Acquire,hold,encumber and convey,in the Association's name,any right,tide or interest to real estate or personal property,but Common Amenities may be conveyed or subjected to a security interest only pursuant to affirmative vote of nor less than 754%of the Unit Owners; (k) Grant licenses and concessions for no more than one year; (1) Impose and receive a payment,fee or charge for services provided to Unit Owners and for the use,replacement and operation of the Common Amenities; (m) Impose a reasonable charge for late payment of assessments and,after notice and hearing,levy a reasonable fine for a violation of the Declaration,these Bylaws,and any duly enacted Rules and Regulations of the association; (n) Impose a reasonable charge for the preparation and recording of amendments to the Declaration and for statements of unpaid assessments; (o) Provide for the indemnification of the Association's officers and the Executive Board and maintain Directors'and officers'liability insurance; (p) Exercise any other powers confer red by the Declaration or Bylaws; (q) Exercise any other power that may be exercised in the state by a legal entity of the same type as the Association; (r) Exercise any other power necessary and proper for the governance and operation of the•asvriation; (s) By resolution,establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee. All committees must maintain and publish notice of their actions to Unit Owners and to the executive board. However, actions taken by a committee may be appealed to the Executive Board by any I Jnit Owner within 45 days of publication of notice of that action,and the committee's action must be ratified, modified or rejected by the Executive Board at its next regular meeting. Section 2.3—Manager. The Executive Board may employ a Manager at a compensation established by the Executive Board,to perform duties and services authorized by the Executive Board. The Executive Board may delegate to the Manager only the powers granted to the Executive Board by these bylaws under Section 2.2, Subdivisions(s),(e),(g), and(h). Licenses, concessions and contracts may be executed by the Manager only pursuant to specific resolutions of the Executive Board and to fulfill the requirements of the budget. Section 2.4—Removal of Directors. The Unit Owners,by a two-thirds vote of all persons present and entitled to vote,at any mating of the Unit Owners at which a quorum is present,may remove any Director of the Executive Board,other than a Ditector appointed by the Declarant,with or without curse. Section 2.5—Vacancies. Vacancies in the Executive Board,caused by any reason other than the removal of a Director by a vote of the Unit Owners,may be filled at a special meeting of the Executive Board held for that purpose at any time after the occurrence of the vacancy,even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be made in the following manner: (a) As to vacancies of Directors whom Unit Owners other than the Declarant elected, by a majority of the remaining elected Directors constituting the Executive Board; and (b) As to vacancies of Directors whom the Declarant had the right to appoint,be the Declarant. Each person so elected or appointed shall be a Director for the remainder of the term of • r' the Director so t epl aced. Section 2.6.-Regular Meetings. The first regular meeting of the Executive Board following each annual meeting of the Unit Owners shall be held within io days after the annual meeting at a time and place to be set by the Unit Owners at the meeting at which the Executive Board shall have been elected. No notice shall be neeAsary to the newly elected Directors in order to legally constitute such meeting,provided a majority of the Directors are present. The Executive Board may set a schedule of additional regular meetings by resolutions, and no further notice is necessary to constitute regular meetings. Section 2.7.-Special Meetings. Special meetings of the Executive Board may be called by the President or by a majority of the Directors on at least three business days'notice to each Director. The notice shall be hand-delivered or mailed and shall state the time,place and purpose of the meeting. Section 2.8.-Location of Meetings. All meetings of the Executive Board shall be held within Weld County,Colorado,unless all Directors consent in writing to another location. Section 2.9.-Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Executive Board shall constitutes waiver of notice. If all the Directors are present at any meeting,no notice shall be required,and any business may be transacted at such meeting. Section 2.1O.-Quorum of Directors. At all meetings of the Executive Board,a majority of the Directors shall constitute a quorum for the transaction of business,and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Executive Board. If,at any meeting, there shall be less than a quorum present,a majority of those present may adjourn the meeting. At any adjourned meeting at which a quorum is present,any business which might have been transacted at the meeting originally called may be transacted without further notice. Section 2.u.-Consent to Corporate Action. If all the Directors or all Directors of a committee established for such purposes, as the case may be,severally or collectively consent in writing to any action taken or to be taken by the Association,and the number of the Directors constitutes a quorum,that action shall be a valid corporate action as though it had been authorized at a meeting of the Executive Board or the committee,as the case may be. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 2.12.-Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and the presence noted as of that Director were present in person on that particular matter. ARTICLE 3 - UN1'1'OWNERS Section 3a.-Annual Meeting. Annual meetings of Unit Owners shall be held in January of each year at such date set forth in the notice. At these meetings,tiie Directors shall be elected by ballot of the Unit Owners,in accordance with the provisions of Article 2 of the Bylaws. The Unit Owners may transact other business as may properly come before them at these meetings. Section 3:z.-Budget Meeting. Meetings of Unit Owners to consider proposed budgets shall be called in accordance the the Act. The budget may be considered at Annual or Special Meetings called for other purposes as well. Section 3.3. -Special Meetings. Special meetings of the Association may be called by the President,by a majority of the member of the Executive Board or by Unit Owners crmiprising zo percent of the votes in the.Association.. Section 3.4.-.Place of Meetings. Meetings of the Unit Owners shall be held at the project or may be adjourned to a suitable place convenient to the Unit Owners,as may be designated by the Executive Board or the president. Section 3.5.-Notice of Meetings. The secretary or other officer specified in the Bylaws shall cause notice of meetings of the Unit Owners to be hand-delivered or sent prepaid by Iinked States mail to the mailing address of each Iink or to the mailing address designated in writing by the link Owner,not less than to nor more than 6o days in advance of a meeting. No action shall be adopted at a meeting except as stated in the notice. Section 3.6.-Waiver of Notice. Any Unit Owner may,at any time,waive notice of any meeting of the Unit Owners in writing,and the waiver shall be deemed equivalent to die receipt of notice. Section 3.7.-Adjournment of Meeting. At any meeting of Unit Owners,a majority of the Unit Owners who are present at that meeting,either in person or by proxy,may adjourn the meeting to another time. Section 3.8. -Order of Business. The order of business at all meetings of the Unit Owners shall be as follows: (a) Roll call(or check-in procedure); (b) Proof of notice of meeting; (c) Reading of minutes of piczxling meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board(if required and noticed); (f) Election of Architectural Control Committee(when required); (g) Election of Directors of the Executive Board(when required); (h) Ratification of budget(if required and noticed); (i) Unfinished business; and (j) New business. Section 3.9. -Voting. (a) Should only one of several owners of a Unit be present at a meeting of the Association,the owner present is entitled to cast all the Votes allocated to the Unit only if in accordance with the agreement of a.majority.in.interest of the owners of that Unit. There is majority agreement if any one of the owners casts the Votes allocated to the Unit without protest being made promptly by another owner of the Unit to the person presiding over the meeting. (b) Votes allocated to a Unit may be cast under a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person,each owner of the Unit may vote or register protest to the casting of votes by the other owners of the Unit through a duly executed proxy. A I Jnit Owner may revoke a proxy given under this section only by actual notice of rewration to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date,unless it specifics a shorter term. (c) The Vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board of directors or bylaws of the owning corporation or business trust. The Vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation,partnership or business trust owner is qualified to vote. (d) Votes allocated to a Unit owned by the Association may not be cast. Section 3.ro. -Quorum. Except as otherwise provided in these Bylaws,the Unit Owners present in person or by proxy at any meeting or I Jnit Owners,but no less than fifty percent(5o%)or the members,shall constitute a quorum at that meeting. Section 3.u.-Majority Vote. The Vote of a majority of the Unit Owners present in person or by proxy at a meeting at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except where a higher percentage Vote is required in the Declaration,these Bylaws or by the law. • ARTICLE 4 - OFFICERS Section 4.r.-Designation. The principle officers of the Association shall be the President, Vice President, the Secretary and the Treasurer,all of whom shall be elected by the Executive Board. The Executive Board may appoint an Assistant Treasurer,an Assistant Secretary and other officers as it finds neivssary. The President and Vice President,but no other officers,must be Directors. Any two offices may be held by the same person,except the offices of President and Secretary. The office of Vice President may be left vacant. Section 4.2.-Election of Officers. The officers of the Association shall be elated annually by the Executive Board at the organizational meeting of each new Executive Board. They shall hold office at the pleasure of the Executive Board. Section 4.3-Removal of Officers. Upon the affirmative vote of a majority of die Dii ectors,any officer may be removed,either with or without cause._A.successor may be elected at any regular meeting of the Executive or at any special meeting of the Executive Board called for that purpose. Section 4.4-President. The President shall be the Chief Executive Officer of the Association. The President shall preside at all meetings of the Unit Owners and of the Executive Board. The President shall have all the general powers and duties which are incident to the office of President of a nonprofit corporation organized under the laws of the State of Colorado,including but not limited to the power to appoint committees from among the Unit Owners from time to time as the President decide is appropriate to insist in the conduct of the affairs of the Association. l'he President may fulfill the role of Treasurer in the absence of the Treasurer. The President may cause to be prepared,and may execute amendments,attested by the Secretary,to the Declaration and to these Bylaws on behalf of the Association,following authorization or approval of the particular amendment as applicable. Section 4.5-Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the president is absent or otherwise unable to act. If neither the president nor the Vice President is able to act,the Executive Board shall appoint some other Director to act in place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. Section 4.6 Secretary. The Secretary shall keep the minutes of all meetings of the Unit Owners and the Executive Board. The Secretary shall have charge of the Association's books and papers as the Executive Board may direct and shall perform all the duties incident to the office of Secretary of a nonprofit corporation organized under the laws of the State of Colorado. The Secretary may cause to be prepared and may attest to the execution by the President of amendments to the Declaration and Bylaws on behalf of the Association,following authorization or approval of the particular amendments as applicable. Section 4.7-Treasurer. The Treasurer shall be responsible for Association funds and securities for keeping full and accurate financial records and books of account showing all reocipt and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all Moines and other valuable effects in depositories designated be the Executive Board and shall perform all the duties incident to the office of Treasurer of a nonprofit corporation organized under the laws of the State of Colorado. The Treasurer may endorse on behalf of the Association,for collection only,checks,notes and other obligations and shall deposit the same and all Moines in the name of and to the credit of the Association in depositories designated by the Executive Board. Except for reserve fund described below,the Treasurer may have custody of and shall have the power to endorse of transfer,on behalf of the Association,stock,securities or other investment instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in segregated amounts or in prudent investments,as the Executive Board decides. Funds may be withdrawn from these reserves for the purposes for which they were deposited,by check or order, authorized by the Treasurer,and executed by two directors,one of whom maybe the Treasurer, provided he or she is also a director. Section 4-8-Agreements,Contracts, Deeds,Checks,etc. Except as provided in Sections 4.4, 4.6,4.7,and 4.9 of these bylaws, all agreements,contracts,deeds,leases,checks, and other instruments of the Association shall only be executed by any officer of the Association or by any other instruments of the Ascnriation shall only be executed by any officer of the Association or by any other person or persons specifically designated by the Executive Board. Section 4.9-Statements of Unpaid Assessments. The Treasurer,Assistant Treasure,or a manager employed by the Association or,in their absence,any officer having access to the books and the records of the Association may prepare,certify, and execute statements of unpaid assessments. The Association may charge a reasonable fee for preparing statements of unpaid assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. ARTICLE 5 - ENFORCEMENT Section 5.r-Abatement and Enjoinment of Violations by Unit Owners. The violation of any of the Rules and regulations adopted by the Executive Board or the breach of any provisions of the Documents shall give the Executive Board the right,after notice and hearing,except in rise of an emergency,in addition to any other rights set forth in these Bylaws: (a) '1'o enter the Parcel in which,or as to which,the violation or breach exists and to summarily abate and remove,at the expense of the defaulting Lot owner,any structure,thing or condition(except for additions or alterations of a permanent nature that may exist on that Parcel) that is existing and creating a danger to the Common Amenities contrary to the intent and meaning of the provisions of the Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action:or (b) To enjoin,abate or remedy by appropriate legal proceedings,either at law or in equity,the continuance of any breach. Section 5.z—Fine for Violation. By resolution,following notice and hearing,the Executive Board may levy a fine of up to Twenty Five Dollars($25.00)per day for each day that a violation of the Declarations or Rules persists after notice and hearing,but this amount shall norexceed thatamounrnece sary to insure compliance with the rule or order of the Executive Board. ARTICLE ICLE 7- RECORDS Section 7.1-Records and Audits. The Association shall maintain financial records. The cost of any audit shall be a Common Expense unless otherwise provided in the Documents. Section 7-2-Examination. All records maintained by the Association or the Manager shall be available for examination and copying by any I.Jnit Owner,any holder of a Security Interest in a Lot or its insurer or guarantor,or by any of their duly authorized agents or attorneys,at the expense of the person examining the records,during normal business hours and after reasonable notice. Section 7.3-Records. The Association shall keep the following records: (a) An account for each Lot,which shall designate the name and address of each Lot Owner,the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot,the amount of each Common Expense assessment, die dates on which each assessment comes due,the amounts paid on the account and the balance due: (b) An account for each Lot Owner showing any other fees payable by the Lot Owner: (c) A record of the amount and as accurate account of the current balance of any reserves for capital expenditures,replacement and emergency repair,together with the amount of those portions of reserves designated by the Association for a specific project: (d) A taurd of the amount and an accurate account of the current balance of any reserves for capital expenditures,replacement and emergency repair,together with the amount of those portions of reserves designated by the Association for a specific project: (e) The most recent regularly prepared balance sheet and income and expense statement, if any,of the Association: (f) The current operating budget adopted pursuant to these Bylaws and ratified by the Board: (g) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant: (h) A record of insurance coverage provided for the benefits of Lot Owners and the Association: (i) A record of any alterations or improvements to Lots which violate any provisions of the Declarations of which Executive Board has knowledge: (j) A record of any violations,with respect of any portion of Prairie Ridge Estates,of health,safety,fire or building codes or laws,ordinances,or regulations of which the Executive Board has knowledge: (k) A record of the actual cost,irrespective of discounts and allowances,of the maintenance of the Common Amenities: (I) Balance sheets and gther records required by local corporate law: (m) Tax return for state and federal income taxation: (n) Minutes of proceedings of incorporates, I At Owners,Directors,committees of Directors and waivers of notice:and (o) A copy of the most current versions of the Declarations,Bylaws,Rules,and resolutions of the Executive Board,along with their exhibits and schedules. Altl'ICLE 8 - MISCELLANEOUS Section 8.t—Notices. All notices to the Association or the Executive Board shall be delivered to the office of the Manager,or if there is no Manager to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Lot Owners and to all holders of Security Interest in a Lot. Except as otherwise provided,all notices to any I dot Owner shall be sent t o the I.ot Owner's address as it appears in the records of the Association. All notices to holders of Security Interests in the Lots shall be sent,except where a different manner of notice is specified elsewhere in the Documents by registered or certified mail to their respective addresses,as designated by them in writing to the changes of address,which shall be deemed to have been given when received. Section 8.2—Fiscal Year. The Executive Board shall establish the fiscal year of the Association. Section 8.3—Waiver. No restriction,condition,obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,irrespective of the number of violations or breeches which may occur. Section 8.4—Office. The principle office of the Association shall be on the Property or at such other place as the Executive Board may from time to time designate. Section 8.5—Maintenance Fund. A working capital maintenance and capital reserve fund is to be established in the amount reasonably calculated to meet regularly budgeted initial Common Expense assessments for al Lots as they are created in proportion to their respective Allocated Interests i Common Expenses. Any amounts paid into this fund shall be considered as advance payment of assessments. Each Lot's share of the working capital fund may be collected at the time the sale of the L of is closed or at the termination of Declarant control. Thereafter periodic assessments shall be made no more often than quarterly for actual anticipated expenses plus an additional ic%for capital reserves,which shall be deposited in a capital reserve account. Section 8.6—Reserves. As a part of the adoption of the regular budget the Executive Board shall include an amount which,in its reasonable business judgment,will establish and maintain an adequate reserve fund for the replacement of improvements to the Common Amenities that it is obligated to maintain,based upon the project's age,remaining life and the quality and replacement cost of major Common Amenities improvements. ARTICLE q-AMENDMENTS TO BYLAWS Section 9.1-Amendments. The Bylaws may be amended only by a vote of two-thirds of the members of the Executive Board, ratified by affirmative vote of not less than 75%of the I Jnit Owners following notice to and an opportunity to comment by all Unit Owners,at any meeting duly called for such purpose. Section 9.2-Restriction. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any mortgage covering any Unit or which would change the provisions of the Bylaws with respect to institutional mortgagees of tenni. DECLARATION OF COVENANTS AND RESTRICTIONS FOR PRAIRIE RIDGE ES'I'A' ES ARTICLE I PREAMBLE 1)eclarant is the owner of that certain real property situate in Weld County,Colorado,described on Ex-hibit"A"hereof(The Property).The Property has been platted as Prairie Ridge Estates simultaneously with this declaration. Declarant desires to develop The Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants,conditions and restrictions set forth in this I kcclaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of The Property is and shall be held,transferred,sold, conveyed and occupied subject to the terms,restrictions,limitations,conditions,covenants, obligations,liens,right of ways,and easements which are set forth in the Declaration,all of which shall run with The Property and shall ensure to the benefit of,and be binding upon,all parties having a right,title,or interest in The Property or a portion thereof,and such person's heirs,granters,legal representatives,successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance Weld County Zoning and minor subdivision regulations. ARTICLE II DF. IN1'I'IONS General:The words and terms defined in this Article shall have the meanings herein set forth unless the context indicates otherwise. Association:Shall mean and refer to the Prairie Ridge Estates I lomeowners Association,a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. Common Areas:Shall refer to all real Property or interest therein owned by the Association and casements and rights of way for the common use and enjoyment of the Owners,together with and including,but not by way of limitation,Carlson Court,utilities,and utility casements. • Declarant: Shall mean and refer to Mary F.Carlson Revocable Living Trust and George B. C:arison Revocable Living'1'rust, their successors and assigns. Developer: Shall mean George and Mary Carlson,their successors and assigns. Developer Responsibilities:Shall refer to the road constructed pursuant to specifications required by Weld County known as Carlson Court. Lot or Parcel :Shall mean any one of the nine building sites shown on the map of the The Property as shown on exhibit A or upon any subsequent recorded remapping of a portion of The Property. Property Owner or Owner or I Iomeowner:Shall mean and refer to each record owner,whether one or more persons or entities,of the fee title to any Residential I but whether such title interest shall be sole,joint,common,by the entireties,or fractional,and notwithstanding any applicable theory of the mortgage,shall not mean or refer to the mortgagee unless and until such mortgagee has acquired fee simple title to the Lot pursuant to foreclosure or a proceeding in lieu of foreclosure. The Property:Shall be the same as defined in Exhibit A. AR'T'ICLE III PROPERTY SUBJECT TO THIS DECLARATION 'I'he Property:'I'he Property which is,transferred,sold,conveyed and occupied subject to these Covenants consists of nine Lots of approximately ten to twelve acres and all of which is located in Weld County,Colorado and is more particularly described and depicted on the Final Plat Map,Exhibit A. ARTICLE IV MEMBERSHIP IN THE ASSOCIATION I.ot Owners as Members: Every I.ot(honer shall he a Member of the Association. Status as a Lot Owner is the sole qualification for membership. Termination of Ownership Status: Rights to a membership and status as a Member terminates upon termination of status as a Lot Owner. t Ilion sale or other conveyance of the Lot Owner's interest in such Lot,the selling or conveying Lot Owner or Lot Owner's shall be relieved of liability for assessments levied from and after the date of such sale;provided,however,that no 2 such sale or assignment shall relieve a Lot Owner of liability arising prior to the dam.of such sale or assignment is consummated. Acceptance by a purchaser or assignee of such sale or assignment evidences such purchaser's or assignee's assumption of personal liability for all Assessments arising from and after the date such sale or assignment is consummated. A sale or assignment of a lot owner's interest shall be deemed to have occurred for all purposes of these Covenants and Agreement upon delivery of deed or document of assignment,or upon recording in the Public Records an instrument of conveyance of such interest. No Avoidance by Non-Ilse: No lot owner may avoid the obligations of membership during the period of ownership by renunciation or abandonment of such best Owner's Unit,or any other act of abandonment or renunciation. Voting Rights: Ownership of each Lot shall carry with it one vote. If more than one person holds an interest in any I.ot,all such persons shall be Members:however,the vote for such I.ot shall be exercised as they among themselves shall determine,but in no event shall more than one vote be cast with respect to any Lot. If any Owner,including Declarant,has a recorded title interest in more than one Lot,that Owner shall have a voting right with respect to each such Lot in which he has an ownership interest. The.Association shall hold meetings with respect to the election of Board members and officers and for the purpose of presenting,discussing and approving budgets and such manner of other business as determined by the Dort Owners and bylaws. Written notice of annual, regular and special meetings of the Association shall be delivered in person or by mail to each Lot Owner of record in the manner and at such times as prescribed by the Bylaws. ARTICLE,V DI;TIES OF THE ASSOCIATION N The Association,for the benefit of the Members,shall provide directly or through suppliers,the following on a basis which does not discriminate between or among any individual Members or classes of Members,and which does not give priority to any individuals or groups. General Duties:Operation,maintenance and repair of any fixtures,structures,mailboxes, conduits,pipes,signs,landscaping and related facilities now or hear after constructed. Garbage and Trash Removal:Owners shall coordinate garbage and trash removal with one removal service in order to minimize heavy truck traffic. Security Services:If deemed necessary by affirmative vote of the Association,procurement of security services for the protection of the Lot units. Cash Basis:All business of the Association shall be on a cash basis and it shall not pledge or lien its assets on borrowings or otherwise. 3 Opera ring Fund:The Association shall maintain a Capital Reserve Operating and Maintenance Fund. Determining Assessments:Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. Assessments shall be apportioned equally among all I ots within the subdivision. Liability Insurance:A policy or policies insuring the Board,the Association,the Members,and the Association's employees against any liability to the public or to the Members,incident to the ownership of any property or interest owned or maintained by the association,and including the personal liability of the members,with respect to the easements,and exhibit A. Legal and Accounting:Legal and accounting services as the Board deems necessary or desirable in connection with operation of the Association or enforcement of the provisions hereof. Lot Irrigation: One share of North Poudre Irrigation Co.water will be deeded to the Prairie Ridge Homeowners Association to be used by individual Lot Owners as determined by the Association. One member of the Association will be the designated contact for North I'cadre Irrigation matters as per North Poudre Irrigation's request. The share is conveyed without any warranty whatsoever with respect to the delivery of water or the fact that the same can be used for lot irrigation purposes. Irrigation of each individual Lot shall be the sole responsibility of the individual Lot Owner and is not to be a part of the Homeowner's Association maintenances. responsibilities. The existing irrigation system installed on the nine Prairie Ridge Estates lots will be used to distribute water to the various lots as desired by the Homeowners with concurrence of the Association. One share of North Poudre Water,in and of itself,is not adequate for extensive irrigation of any one lot The Developer does not warrant nor represent that said water share will guarantee the Lot Owners any specific quantify of water. However,if the Association determines excess water will be available during the current year to rent or lease, individual lot owners will be notified of the amounts available and the costs. Should any Lot Owner desire to rent or lease or purchase shares of North Poudre Irrigation Co.the Lot Owner will have access to the irrigation system to deliver the additional water. This I of Owner will pay the yearly fees for any additional shares purchased and pay the proportional increased cost of any additional maintenance on the water system. Should any Lot[hvncr choose not to participate in the irrigation system and object to surface pipes on said Lot,the owner shall have the right to bury said pipe and reconnect the system in a manner to insure original water flow at the Tot Owner's expense. Easement Maintenance: The Association shall maintain at common expense entryway sig,nage, lighting,mailboxes,a dedicated right of way known as Carlson Court,buried conduit and pipelines as necessary for the supply of electrical,water,natural gas services to the extent such services are available and such conduits and pipelines are not installed or maintained directly by a utility service company or governmental entity and only if and when it becomes economically feasible to install same as determined by affirmative vote of not less than fr%of t Taut Owners, 4 and telephone service to a point on or adjacent to each parcel to enable the Unit Owner to arrange at his or her expense for separately metered service to his or her parcel. Other Association Requirements: Any other materials,supplier,labor,services,maintenance, repairs,structural alterations,insurance,taxes or assessments which the Association is required to secure or pay for pursuant to the terms of these Covenants or by law or which in the discretion of the Board shall be necessary or proper for its operation or the enforcement of these Covenants; provided,however,that if any such materials,supplies,labor,services,maintenance,repairs, structural alterations,insurance,taxes or assessments are provided for the benefit of some but not all Lots,the cost thereof shall be specially assessed to the Owners of the benefitted Lots. Operating Fund: The Association shall maintain a Capital Reserve Operating and Maintenance Fund as set forth in Article VII. AR'T'ICLE VI ASSOCIA I'ION POWERS Exclusive Power: Except as expressly otherwise provided herein,the duties of the Association enumerated in Article V shall be exclusively performed by the Association,and any duty to be performed or right to be exercised by the Association,as enumerated therein,shall not be performed by any Owner individually without the written consent of the Association. The Association shall have the exclusive right and obligation to contract for all goods,services and insurance payment which is to be made from the Maintenance Fund and assessed pro rata to all I J nit Owners as common expense. 'the Association shall have a reasonable right of entry upon all Lots to determine compliance with and to enforce the provisions hereof. Project Management: The Association shall have the power to contract with third party Contractors to provide the management services required to be performed by the Association. 1`i tility Services: The Board shall have the right to permit the provision of any goods or services from any public utility or public utility company and such contract or arnmgenient shall constitute performance on the part of the Board of its obligation with respect to such goods or services until such time as the contract or arrangement is terminated. To effectuate the foregoing,the Board may grant such utility easement as maybe required,over,along,across,under and through Exhibit A for the provision of such utility service. Right to Cure Owners'or Additional Property Owners'Defaults: Where any Owner or Additional Property Owner has an obligation hereunder to perform any act of maintenance, preservation,construction,alteration or repair on such Owner's Dwelling Unit or with respect to any improvements,to any landscaping or with respect to any Forestry Management duties imposed upon Property Owners pursuant rules and regulations promulgated by the Architectural •— Control Committee,and such Owner fails to perform such work within thirty(30)days after 5 notice of the need to perform the same and demand for such performance from the Association (or fails to cxmunence to perform such work and diligently proceed to complete the same where completion cannot be ac complished with saki thirty(3O)day period),then the.Association shall have a right to enter upon the I.cot to perform the work for the account of the delinquent Owner or Additional Property Owner. All costs and expenses incurred in connection therewith shall be messed against the delinquent Owner as a Special Assessment hereunder,or shall be paid by the Additional Property Owner on receipt of an invoice for such work. Maintenance of Roads:Normal maintenance of the Carlson Court roadway will be at the expense of the.Association. No I,cot Owner nor the Association shall have the tight to obstruct the roadway except as permitted,if at all. Nothing shall prevent the Association from providing snowplowing services for such streets atAssociattion expense if approved by affirmative majority vote of the Association. ARTICLE VII MAINTENANCE FUND: ASSESSMENTS A Capital Reserve and Maintenance Fund shall be maintained through the assessment of each I x)t for payment of common expenses. An initial reserve assessment per I.cot not to exceed one hundred dollars($too.00) shall be collected for the calendar year 2ooy,and thereafter shall be determined on June 1st of each year commencing June 1,2006,by determining the actual costs for the preceding year plus fifteen percent(15%). Nothing shall prevent the association from altering these procedures or declaring special assessments from time to time as deemed necessary. ARTICLE VIII ENFORCEMENT POWERS OF THE ASSOCIATION Each Annual Assessment and each Special Assessment shall be separate,distinct and personal debts and obligations of the Member against whose link or 1 Jnits the same are assessed and shall be immediately due when made and notice thereof delivered to the Member by mail or • hand delivery. In the event of a breach of any covenant rule or regulation of the Association or default or defaults in payment of any Annual or Special Assessment in addition to any other remedies herein or by law provided,the Association may enforce each such obligation as follows: Section 1. Suit at Law or in Equity. The Association may bring a suit at law for unpaid assessments or damages or in equity or enjoin a breach of these Covenants. Each such action must be authorized by a majority vote of the Hoard of Directors. Any judgment rendered in any such action shall include,a sum for reasonable attorney's fees. r-- Section 2.Lim. Upon determination of the existence of a default in payment or assessment or 6 breach or any Covenant,the Board may deliver written notice to the defaulting Member,staring the date and the amount of the delinquency. If such delinquency is not paid within ten(io)days after delivery of such notice,the Board may,but is not required to,lien the t Tnit of such delinquent Member by filing a Notice of Assessment and lien Statement("Lien Statement") with the Clerk and Recorder which shall be a valid lien. All Members waive the right to claim or assert a homestead exemption as against any such claim of lien. Such claim of lien shall state(i) the name of the delinquent Member, (2)a legal description of the Dwelling I ink against which claim is made,and(3)that the claim of lien is made by the Board pursuant to these Covenants and agreement in an amount equal to the delinquency stated in the claim. The lien so claimed shall immediately attach as of the due date of the Assessment,subject to perfection by recordation of the statement of lien in the Records. Each default shall constitute a separate basis for a lien. Any such default whether or not recorded as a lien shall constitute a lien in accordance with the provisions of C.R.S.38-33.;316 and may be fore close d in the manner provided by law for the foreclosure of a Mortgage. In such action,reasonable attorney's fees shall be awarded to the prevail ng party. Section 3. Interest. Any such delinquent Assessments shall bear interest at the lesser rate of two percent(2%)per month or the maximum rate allowable by law,from the date of delinquency until the date the Assessment is paid in full,such amount to be added to the judgment rumen-NI by exercise of the rights set forth in Article VIII,Sections r and 2,above. ARTICLE IX RIGHTS t JPON FORECLOSURE In the event a Mortgage or its nominee succeeds to the interest in a Dwelling Unit or Parcel through foreclosure(whether judicial or non judicial)or by deed or other conveyance in lieu of foreclosure,such Mortgage or its nominee shall be a Member of the Association and subject to all burdens and benefits thereof. ARTICI E X CONSTRUCTION OF IMPROVEMENTS No work improvement,grading,excavation,landscaping,fining,tree or shrub planting or removal shall be undertaken upon any Lot or Lots by or on behalf of a Unit owner without the prior written approval of the Architectural Control Committee in conformity with the Design Guide,Exhibit"C"attached,given as provided in Article XII hereof:and in no event shall any structure or improvement of any kind whatsoever be undertaken or permitted outside of the Building Envelope on each Lot No mobile homes shall be permitted at any time. All final a lstruction plans,drawings,and specifications for any structure or improvements whatsoever to he erected on or moved to any I rot,and the proposed location thereof on any I,ot or I sots,the construction material,the roofs and exterior color schemes,any later changes or additions after 7 initial approval thereof,and any remodeling..recnnstmction,alterations or additions thereto on any Lot shall be subject to the Prairie Ridge Estates Design Guidelines(Exhibit"B"hereto) and shall be first submitted to the Architectural Control Committee for its approval in writing before any such work is commenced. ARTICLE XI RESTRICTIONS ON USE 'Ise:Each Lot shall be used as a single family residence. No noxious or offensive trade or activity shall be carried on upon any I AA,nor shall anything be done thereon which may,in the opinion of the Association,be or become an annoyance or nuisance to the neighboring Owners or residents. For the purposes hereof,leasing or renting of the Dwelling 1?nits for residential purposes shall not constitute a commercial use or enterprise notwithstanding the provisions of hotel or resort-type services in connection with such leasing or renting. • Vehicles: No trucks,tractors,trail bikes,recreational vehicles,motor homes,snowmobiles, campers,trailers,boats or boat trailers or vehicles other than passenger vehicles or utility trucks with a capacity of one and one-half tons or less and no commercial vehicles shall be parked, . stored or in any manner kept in open view on any easement or any Lot within Prairie Ridge Estates except in a closed approved garage. A construction trailer used to shelter equipment during a period of continuous active construction not to exceed six consecutive months is exempt from these restrictions. Elimtling: No excavation shall be made except in connection with improvements approved as herein provided. Upon completion of such construction,exposed openings shall be backillied and disturbed ground shall be graded and landscaped so that the drainage to adjacent lots is restored to the original condition and grade. No signs: No signage of any kind shall be displayed for public view on or from any lot,except signs associated with the sale of the dwelling units or lots. Animals and pets: A maximum of four(4)horses may be kept on any lot provided that a corralled area,a fenced pasture and an enclosed barn are provided for them upon the lot. Under no circumstances shall overgrazing,as determined by the Association,be allowed. No split hoofed animals or poultry will be allowed. Other animals and livestock must be approved in writing by the Association. A maximum of six(6)domesticated animals,pets,horses and/or approved livestock shall be allowed of all species in combination or in the aggregate per household. All cats must be spayed or neutered. Dogs must be tethered,confined, kept under direct owner control at all times,and not allowed to run at large. 8 • Garbage and tr<4sh: No lot shall be used or maintained as a dumping ground for rubbish. All trash,garbage or other waste receptacles shall be maintained in good,clean condition and (except on collection days)in a location not visible from any other lot. Parking and auto repair: No resident shall park any automobiles on any street or lot except within garages,or driveways. No work of automobile or vehicle repair shall be performed on any lot in any areas visible from any other lot or mad. Maintenance of buildings: Each owner of each lot shall maintain the building or buildings upon each lot such Owner owns,including walkways and paving,in good condition,making all appropriate repairs and replacements as often as the same shall become necessary. No subdivision: No lot shall be subdivided or utilized for more than one home site without prior approval of the Association,and applications for such approval shall not be favored in the absence of extreme hardship or extraordinary circumstances. No lien of easement or of association property: No unit owner shall cause or permit the entryway road easement,nor any item of association owned personality to be subject to any lien or charge of any nature whatsoever except that a first mortgage or deed of trust or secondary financing may be placed upon a unit owner's property,which encumbrance shall be subject to the terms and provisions of these covenants. Lot One: Lot One is exempt from certain applications delineated in the Covenants nants and Restrictions for Praire Ridge Estates. Improvements and certain ace essorys are considered non- conforming due to being in place on Lot One prior to the establishment of Praire Ridge Estates. The Architectural Control Comnuttee will into ate Lot One issues along the guidelines of the Covenants and Restrictions of the Praire Ridge Estates to the talent nt possible. ARI'ICLE X11 ARCH ITECryT't)RAI,CONTROL COM NI ITTEE Composition of architectural control committee: Three persons shall be appointed to act as a architectural control committee to perform the functions set forth herein. Each appointee must be qualified to serve on the architectural control committee by virtue of c xperien cx:,interest or training and shall serve without compensation. The appointees may but need not to be unit owners. 'The association shall make all necessary appointments and removals to the architectural control committee. Addresses of architectural control committee members: The address of the architectural control committee shall be at the address of the principal office.of the association. The current record of the names,qualifications and business addresses of the members of the architectural control r-- cx)rnmittee shall be kept there. The architectural control committee shall meet at the convenience 9 of die members thereof and as often as necessary to transact its business,acting on the majority vote. Applicant for architectural control committee action may,but need hot,be given an opportunity to be hoard in support of their applications. Applications,standards of review and action by architectural control committee: Applications for architectural control committee approval,the standards by which such applications shall be reviewed shall be controlled by the Design Guide. The architectural control committee shall not have the authority to approve any applications for projects that would include significantly different designs or materials front those permitted in the Design Guide without amending the Design Guide. A true and correct copy of the Design Guide shall be maintained at all times at die office of the association and each owner shall be entitled to a copy thereof upon written request and payment of the copying costs. Mechanism of approval: When an application is made to the architectural control committee for any improvement of a lot,a signed and dated written certificate evidencing majority vote of the architectural control committee is requested bore commencing construction of any improvements on the lot. No design responsibility: Neither the architectural control committee nor any member or agent thereof shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions,nor for any structural or other defects in any work done according to such plans and specifications. Limitations: Notwithstanding anything to the contrary herein contained,any work performed upon any lot which required the prior approval of the architectural control aw imitta:shall be deemed approval unless an action to enjoin or abate the same has been commenced by delivery of written notice to the owner by the architectural control committee or by the board of directors within one hundred eighty( r$o)days of the date when the architectural control committee or board of directors acquires actual knowledge or notice of the commencement or performance of such work. ARTICLE XIII DAMAGE TO OR DESTRUCTION OF BUILDINGS Reconstruction: In the event of damage or destruction by fire or other casualty affecting a building,the owner or owners thereof shall,within six(6)months thereafter either: (a) diligently commence to rebuild the same in accordance with the terms hereof,or (b) clear and level the lot,removing all wreckage,debris and remains of the building or buildings ther-efiorn and leaving the same in a level,clean condition. 10 Revisions: Upon reconstruction,the building shall be rebuilt substantially in accordance with the original plans and specifications thereof;provided,however,that the exterior appearance thereof shall substantially resemble the appearance in form and color prior to such damage and destruction. Notwithstanding the foregoing,however,the owner of such damaged building may reconstruct or npair the same in accordance with new or changed plans and specifications with the prior written consent of the architectural control committee. ARTICLE XIV INSPECTION AND AUDIT OF BOOKS AND RECORDS Any member may,at any reasonable time and at such member's own expense,inspect the books • and records of the association and,in addition,cause an audit or inspection to be made of the books and records of the association,and the association shall furnish to each member a copy of the audit of its books and records performed by a certified public accountant. ARTICLE XV AMENDMENT The provisions of these covenants may be amended by an instrument in writing,signed and acknowledged by seventy five pen=(75%)of all property owners. ARTICLE XVl ATTORNEYS' FEES In any action to enforce the provisions hereof,whether legal or equitable,the prevailing party shall be entitled to reasonable attorney's fees as fixed by the court. ARTICLE XVII SEVERABIL1'I'Y The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision thereof shall not affect the validity or enforceability of any other provision hereof. ARTICLE XV'III BINDING EFFECT 11 The terms,conve rants and conditions herein contained shall be binding upon and inure to the benefit of the sue ccssors and assigns of the parties hereto. 'I'he provisions he ec of shall constitute covenants running with the land,burdening and benefiting each and every part of the property and every interest therein. In addition,the provisions hereof shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement between owners. The failure to enjoin a breach or previous breach shall not prevent an action or damages upon any subsequent breach. Each owner,each mortgage,and each beneficiary of any trust deed by acceptance of a conveyance which is subject to these covenants and restrictions waives the right to assert defenses of waiver,estoppel,or desuetude with respect to any failure to enforce a prior breach. AR'T'ICLE XLX I N'I'FRPREA'A'I'ION AN I) NON-WAIVER The provisions hereof shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of. Failure to enforce:any provision thereof shall not constitute a waiver of the right to enforce said provision or any others provisions hereof. In any conflict between the terms of these restrictions and the terms of the Development Guide, deemed"more restrictive",the restriction which prevents the greatest variety and intensity of use shall be deemed to be more restrictive. 12 EXHIBIT B PRAIRIE RIDGE ESTATES DESIGN GUIDE r. Protective Covenants This document shall be gilled-Ile Design Guide to be used as a set of guidelines for all improvements to the community known as"Prairie Ridge Estates" as legally described in Exhibit A as established by the"Declaration of Covenants and Restrictions for Prairie Ridge Estates"in Weld County,Colorado and in accordance with the Bylaws for Prairie Ridge Homeowners Association,Inc.a Colorado nonprofit col o anion. 2. Purpose of Covenants rants It is the intention of the Prairie Ridge I homeowners Association, Inc.to maintain a high quality,clean,safe,uniformly well maintained and desirable semi-rural residential neighborhood. Therefore,the Association adopts this design guide to control improvements and structures permitted by this Design Guide. ;. Covenants A. Site Consideration The Archit±cx:trr cal Control Committee will review each plan fur a Wilding in relation to the specific characteristics of its parcel and its surroundings. The Basic objective is to achieve compatibility of the building and other improvements with the pared in relation to its immediate surroundings and within the Building Envelope on each Lot. The site consideration review is, in summary,specific to the parcel itself. The location of the main building and outbuildings shall be based on the following: r. Setback requirements as defined by these Guidelines. z. Natural and proposed final grade contours. 3. Presence of vegetation,trees,shrubs,and other vegetation. 4. Driveways and off street parking. 5. Appearance of buildings from open space,roads,and other lots will be important criteria. 6. Architectural design shall result in masses that are generally parallel to natural terrain. If building masses are perpendicular to natural contours,buildings will accommodate the natural terrain through use of stepped foundation elevations. 7. Site grading and drainage shall minimize required natural grade alterations. Drainage from lots shall not muse soil erosion nor shall there be cxcc ssive drainage to,or impediment of drainage flows from,adjacent lots. .-� R. Site grading of a parcel shall not cause cut or fill on adjacent lots,roads, driveways or open space. 13 B. Main Building I. Residential Structures Unless otherwise specifically described herein the term"building"shall refer to the residential building on the parcel. Only one(u)residential structure shall he allowed on each parcel. No residential structure shall be occupied prior to receipt of a Certificate of Occupancy issued by Weld County. 2,. Setback Requirements 'late following minimum setbacks shall be required in Prairie Ridge Estates: Front Setback too feet b. Side Setbacks25 feet c. Rear Setback too feet The he Architectural Control Committee reserves the right to require setbacks other than set forth preceding if needed to achieve aesthetic or functional harmony with other objectives of the Design Guide. 3. Building Size The minimum finished floor area for the principal residential building is 2200 square feet. the minimum finished floor area for a two story or multi-level building is 300o square feet. At least t600 square feet for a two story or multi- level building must be on the main floor. Minimum square footage requirements exclude garages,,decks,porches,unattached structures and basements. 4. Building Height No building shall exceed forty(40)feet in height measured from the highest go and level adjacent to such building to the highest point of the ridge:line of such building. The restriction will be reviewed by the Architectural Control Committee on a case-by-case basis. Should unusual topographic features exist on a specific site,modification to the height limitation may be acceptable. 5. Building Design Design of the building shall be in compliance with all provisions of the building codes which are in effect at the time of construction. Designs which are identical to other homes in Prairie Ridge Estates are prohibited. The exterior of each home must have a unique appearance. Identical floor plans may be allowed but must be approved by the Architectural Control Committee. If identical floor plans are to be approved,the exterior elevations must be entirely different in design,character,materials,and the like. Any such identical floor plans shall only 14 be approved if they have entirely different elevations. 6. Roof The roof pitch shall be consistent with the architectural style of the propmed building. the minimum roof pitch allowed on a major roof form is 4:12. The pitch of lesser elements such as porches,dormers,etc.may be lower if consistent with the design. The maximum roof pitch of a major roof fonts shall not exceed 12:12. Hat roof designs shall be considered on an individual basis. I n order to achieve an interesting character,expansive roof areas shall be"broken"by varied elevations, heights,and/or other elements such as dormers,cicrestoty,or ridge line breaks, etc. Roof materials shall be premium grade composition,stone coated steel,tilc,slate, or concrete tile,with the material color being approved by the Architectural Control Committee. Roof vents and flashing shall be painted to match the permanent roof color or the trim color,whichever lessens the visual impact. 7. Siding Exterior siding may be of cedar or redwood wood,brick,stone,stucco,adobe board,exterior insulation and finish systems,architectural concrete or synthetic stone. The use of exterior siding materials must be consistent with the architectural design. Masonry veneers shall be consistent on all elevations: stone and brick shall not be used on the exterior of the same building. All exterior finish materials must be approved by the Architectural Control Committee. 8. Colors All colors and color combinations shall be approved by the Architectural Control Committee. Repainting when existing color shade is changed shall require approval by the Architectural Control Committee. All projections including,but not limited to,chimney flues,vents,gutters,down spouts,utility boxes,porches, railings,and exterior stairways,shall closely match the permanent color of the surface from which they project or they shall be of color approved ed by the Architectural Control Committee. 9. Miscellaneous a. Foundations. No more than 12 itches of exposed concrete may be visible on any elevation. 15 • '~ b. Garages. There shall be a minimum space Ihr three vehicles in each garage and a maximum of five hilly enclosed garage space for each residence. c. Windows. Window frames shall he painted a color consistent with the design characteristics of the building. Window design shall be consistent with architectural design characteristics of the building in size, proportions,detail and placement on the elevation. Windows may not be tinted with any material which is considered for the committee to detract from the overall design of the building. d. Elevation'1 Treatments Architectural design shall incorporate a consistent level of architectural interest throughout and use of walkout or garden basements,architectural features such as cantilever,window projections, roof elements,dalts,etc.shall be used in such a trimmer to add contrast to elevation plane. c. All designs shall be in compliance with existing building wdes. C. Out Buildings i. All buildings other than the main residence on a parcel must conform to the basic features of the main residence as described in Section(b)except for size requirements set forth therein. 2. All other buildings must be approved by the Architectural Control Committee, and will follow the standard approval process required for the residential structure. 3. A maximum of two(2)outbuildings,in addition to the Residential Structure, shall be allowed. No temporary housing or trailers shall be allowed on any lot. D. Other Improvements r. Driveways and private lanes. All driveways and private lanes shall be constructed entirely of bituminous material,concrete surface,or CDOT class 6 aggregate or other material as approved by the Architectural Control Committee. Private driveways arc limited to a maximum width of i8 feet at the street intcrscxiion and shall be constructed to specifications which consider vehicle loads such as trash trucks and moving vans. l)ritieway design and layout shall be approved by the Architectural Control Committee. 2. Culverts. Culverts used as part of a driveway,private lane,or other landscaping improvements shall be sized for the drainage quantities expected to pass through them. The ends of such culverts shall be cut on a diagonal to match final slopes: these ends shall be treated with rock or stone riprap or with wood,stone or concrete retaining walls to prevent erosion of the slope and channel. No metal flared end sections shall be allowed for use in culvert and treatments. All culverts,if required,will be installed at owner expense and meet any additional requirements as specified by Weld County. 3. House address numbers. There shall be no more than one set of house address numbers posted at the strert/drivcwvay entrance for each residence. The numerals must be at 16 least six inches in height on a contrasting background material and shall be approved by the Architectural Control Committee. 4. Antennas. All 1V,radio or special communication antennas and aerials including satellite dishes,shall be reviewed for approval by the Architectural Control Committee and in no event shall be visible from the roadway or from the residence located on another parcel. ;5. Exterior mechanical equipment. All exterior mechanical equipment or tanks shall be incorporated into an architectural element of a dwelling or out building or otherwise concealed from open view as approved by the Architectural Control Committee. 6. Accessory stnictnrc s. Accessory structures shall be architecturally compatible with the dwelling. Dog runs or enclosures for other pets shall be approved by the Architectural Control Committee. ;. Exterior lighting. Exterior lighting shall be subdued and shall not create an infringement on adjoining dwellings or properties and shall be approved by the Architectural Control Committee. R. Parking areas. All driveways and parking bays shall be reviewed for approval by the Architectural Control Committee. 9. Landscaping. Landscaping plans shall be submittal to the Architectural • Control Committee for approval. Plans shall depict fences,decks,dog runs,sod seeded areas, retaining walls,sprinkler system plans and specics of nursery materials and any additional items to be used. Sodding,seeding and planting shall be installed during the growing season immediately following oceup tray. io. Awnings. Awnings shall be permitted only upon approval by the Architectural Control Committee. �. Statues, scuiptures,hirdhaths and fountains are allowed if approved by the Architectural Control Committee. 13. Future improvements. Future improvements or modifications that alter or affect the exterior appearance of an existing dwelling,outbuilding or yard must be submitted for approval by the Architectural Control Committee. A partial,sample list but not limited to: Room,porch,or garage additions to main residence. Rams_ Repainting. Decks or patio extensions and deck/patio covers. Free standing flag poles. 17 • 14. Fences. All fencing must be approved by the Architectural Control Committee and nmst be in keeping with the character of Prairie Ridge Estates. Fencing shall be installed in compliance with the approved fencing derail for the sulxlivision. In addition,fences along the Cactus Hill lateral for lots one through six must he at lest 25 feet from the ditch centerline and must not be of vinyl construction. This is per North Poudre Irrigation Company's request in order to maintain the ditch. Each homeowner shall be responsible for maintaining fencing on that homeowners parcel. TI IESE GUIDELINES ARE SUBJECT TO CI IANGE • 18 r Report Date: 11/12/2004 01:59PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R8078500 rASSESSED TO: CARLSON MARY F REVOCABLE LIVING TRUST& 7561 KELTY TRAIL FRANKTOWN, CO 80116 LEGAL DESCRIPTION: PT NE4 8-7-67 LOT B 2ND AMD REC EXEMPT RE-1873 (.63R.95D) 7690 84 CR WELD 80524 PARCEL: 070508000051 SITUS ADD: 7690 84 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 6,499.44 0.00 0.00 6,499.44 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/12/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2411 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 1,442.42 AGRICULTUR 37,804 10,960 SCHOOL DIST RE4 55.118 3,702.28 AGRICULTUR 116,962 33,920 NCW WATER 1.000 67.17 AGRICULTUR 279,986 22,290 NWC WATER 0.000 0.00 POUDRE VALL FIRE 9.301 624.75 TOTAL 434,752 67,170 AIMS JUNIOR COL 6.322 424.64 WINDSOR LIBRARY 3.546 238.18 TAXES FOR 2003 96.761 6,499.44 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 W LLD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed ._f)j at' Date: /0,-7/9 5L 3729 Cleveland Avenue P.O.Box 100 Wellington,CO 80549 January 29,2004 George B. Carlson 7561 Kelty Trail Franktown,CO 80116 RE: Prairie Ridge Estates Dear Mr.Carlson: Thank you for asking for comments from the ditch company concerning your planned development. After talking to you on the phone I wanted document our conversation in writing. q 4, ollowing items were discussed: 1.e covenants should reflect North Poudre Irrigation Company's prescriptive easement ;g and on both sides of the Cactus Hill Ditch. The width of this easement is typically 25 � ' �f "�' to allow normal operation and maintenance of the ditch. � w • 5 '�JA � mZ z�� • a Rr ,° s 1 through 6 cannot fence across the ditch easement or in any way impede the arnss of .15 ,* 4,. • I Poudre Irrigation Company to their easement. I would suggest that this be made part . ;44i: . of the covenants for these parcels. a k shares e name of the omeownerassociat on as single shares cannot be split. With this in h mind water ordered for delivery will need to be made though a designated contact person. It should also be noted that one share of North Poudre water will not provide sufficient water to more than an average of two acres. • Water will be usually be available to rent or shares are available to purchase. Sincerely, % Stephen R. Smith Manager AGREEMENT FOR IMPROVEMENTS FOR WCR if ROAD STABILIZATION for Dust Control THIS AGREEMENT is made and entered into this _ day of , in the year 2003, by and between Gtotie t Hwy (.a/ SP, , developer of P/a/fic a is hereinafter referred to as Devel per", with an address MG 4/t/ Own II Road Yy Weld County Colorado, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with offices located at 915 - 10th Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS ' .e Developer has obtained approval for a Subdivision Final Plat for 7 lots for fral/H f l &tett , hereinafter referred to as the "Development," and WHEREAS, WCR 89 from WCR /f to WCR /7 , hereinafter referred to as 'the Road", will need ROAD STABILIZATION for dust control, in part, due to the increased traffic generated by the Development, a distance of approximately as- -- mile, and ,,/t WHEREAS, WCR $1 abuts a portion of PIQJRE Ri t Faqirs , 7 of the lots will need WCR $y for access to the Development, and WHEREAS, flallt[ k4 M't9 aks , requires -feet of WCR and will constitute percent of the participation for the Road, and WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be $ per lot. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follow: 1. TERM A. The term of this Agreement shall be from the date first written above to the completion of STABILIZING the Road and final accounting by County and payment of all land development charges by the Developer for the 9 lots accessing the Road, or five years if WRC t9 is not STABILIZED. 2. OBLIGATIONS OF THE COUNTY A. Weld County shall STABILIZE the road, within years of the date first written above, the Road at a current estimated cost of $60,000. The stabilization improvements are anticipated to be for two 13 foot travel lanes designed in accordance with generally accepted engineering Page 1 of 5 practices but the actual design shall be at the discretion of Weld County. B. Design, construction, and maintenance of this portion of Road shall be the responsibility by the County. C. County or Developer must STABILIZE the roads within five years of the date first written above or forfeit all rights to land development charges, which are the obligation of the Developer whether already in escrow or remaining to be paid. D. Weld County shall perform a final accounting once STABILIZATION is complete and may collect from the escrow account (or from the developer if the amount in the escrow is insufficient to satisfy developers obligation) up to percent of the total cost of STABILIZING WCR . If additional traffic is generated prior to STABILIZING WCR , such that the percentage of traffic generated by the development is less than percent, the County shall adjust the percentage charged to the developer proportionately. Any amount which must be collected from the developer, which is not paid within 45 days of final accounting, shall assessed interest in the amount of 8 percent per annum. 3. OBLIGATION OF THE DEVELOPER A. Developer agrees to pay the amount of$ per each lot accessing the Road. The actual amount shall be determined in accordance with paragraph 2.D. B. The Developer agrees to escrow monies as follows at the sale of the first lot$ , at the sale of the second lot $ , at the sale of the third lot $ , at the sale of the fourth lot$ , at the sale of the fifth lot $ , at the sale of the sixth lot$ , at the sale of the seventh lot $ , at the sale of the eighth lot $ , at the sale of the ninth lot $ . The escrow account shall be set up according to paragraph 4 herein. C. The Developer shall not be released from this obligation unless County does not STABILIZE the road within the time frame set forth in paragraph 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $ subject to adjustment to a higher or lower figure from the first quarter of 2003 to the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price index contained in the "Quarterly Cost report" of The Engineering News-Record as published by The McGraw-Hill Companies. 4. ESCROW AGREEMENT, the terms of which will be subject to review by the County that provides at least the following: Anm..,. —mm— ...Am— Page 2 of 5 A. The cash in escrow when fully funded is $ B. The escrow agent guarantees that the escrowed funds will be disbursed according to the terms of this agreement and will not release any portion of the funds without prior written approval of the Weld County Board of County Commissioners. 5. SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties receiving services of benefits under this Agreement shall be an incidental beneficiary only. 7. MODIFICATION AND BREACH This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No Breach of any term, provisions, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to waiver of, or excuse for any other different or subsequent breach. 8. NO WARRANTY. Neither County nor Developer, by virtue of their entering into this Agreement and upon their promises to perform the work described herein, make warranties, either express or implied, that the improvement work and/or maintenance of these roads meet standards other than those generally required for counties and cities of the size and type similar to County. a, FilegralE5OD2241)F.Mmd lopieYannsle Agrocums SlabiRtglun of sft_upe.tadoE Page 3 of 5 9. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. IN WITNESS WHEREOF the parties hereto have signed this Agreement this day of , 2003. BY: Developer A l I EST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, BY: Weld County Clerk to the Board Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Page 4 of 5 .. Cost Estimating for Offsite Improvements Agreement 21-Aug-2003 PAS Weld County Road 80 stabilization for one-mile between CR 27&CR 29. Weld County Public Works Dept. Two 13-foot lanes= 26-feet. one-mile estimate one-mile 75% Material Quantity Units Cost per Unit Total Cost Percent Cost Street Grading 2,542 yd^3 $2.50 ydA3 $6,355.00 $4,766.25 Street Base (Class 6) 2,542 yd^3 $15.00 yd^3 $38,130.00 $28,597.50 Chemical Stabilization 15,253 yd^2 $0.80 yd^2 $12,202.40 $9,151.80 (DC2000) Engineering & Supervision Costs(fixed) $1,200 $1,200.00 Grand Total = I $57,887.401 $43,715.551 =%Total Estimate of Quantities Material Length Width Depth Area Area Volume Volume Weight feet feet feet ft^2 yd^2 ftA3 yd^3 ton Street Grading 5,280 26 0.5 - - 68,640 2,542 - Class 6 5,280 26 0.5 - - 68,640 2,542 - Chemical 5,280 26 - 137,280 15,253 - - Percentage of the Section Mile Applicant Part.(ft.) Total(ft.) Percentage Participation 3,960 5,280 75% r Page 5 of 5 r r. IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of , 20 ,by and between the County of W eld, tate ofColoralo,acting through its Board of County C ommissioners,hereinafter called"County," and (2201 QQ fiwy Civ Sty ,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: let 8 of ZS 1,17H41e1 ge07ef-o - 1. 241 nfitE ill,? ✓ WHEREAS, a final Subdivision/Plamed Unit Development (PUD) Plat of said property, to be known as route t 4 p ifs es has been submitted to the County for approval;and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Plan ned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improve ments Agreement guaranteeingthe construction of the public improvements shown on plans,platsand 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,TH E RE FORE,I N 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 Service& 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 e ngineering 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. I.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads w ithin the Subdivision or Planned Unit Development by the County,Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1 Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by retrence. 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 Developments 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 tine 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 lest 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. l'a"\ 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 tine of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 2 - The legal description of the property to be served. - The name of the owner(s)of the property to be served. - A description of the off-site inprovements to be completed by the subdivider,applicant,or owner. - The total cost of the off-site improvements. - The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this sections forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constmcted under an improvem ents agreement,the subsequent subdivider,applic ant,or owner shall reimburse the original subdivider,applicant,or owner,for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision,Resub division,or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,Resubdivisions,or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is en titled to reimbursement un der the of[site improvements agreement, entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for M aintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of theconstruction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applican(s) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets,the County Engineer shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer sh all reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unquaified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvem ents as shown in this Agreem ent. 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 Agreeme nt. Acceptable collatera I shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptab le collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)yearafter the Final Plat approval(not one year after acceptable collateral is submitted)unless the applicants) 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 O00%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these tine frames,the County,at is discretion,may make demand on all or a portion of thecol lateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvem ents 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." The costs of the improvements described in Exhibit"A"will be adjusted higher o r lower for the year and quarter in 4 which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McG raw-Hill Companies. The applicant has provided costestimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and "B." 8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times,the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimatedcosts 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 expiation of the Letter of Credit shall be either the d ate 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 itscurrent 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 5 r^ cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the prop erty. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will rot release any portion of such funds without prior appro val of the Weld County Board o f Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or fnancial 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 Impro vements 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 mug present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the proje ct 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 male 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 mug be submittal for all phases of this project as per Colorado Department of Transportation(CDOT) Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fie Authority indicating the fin:hydrants are in place in accordance with the ap proved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 6 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County,the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible govemmental entity,special district or utility comp any. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the B oard of C ounty Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of CountyCommissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the requited acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 7 "0-\ IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: TITLE: Subscribed and sworn b before me this day of_ , 20 . My Commission expires: Notary Public 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 8 r r EXHIBIT "A" Name of Subdivision �7 J or Planned Unit Development 11Wfile 7)1alf? Esta �s Filing L/' (' p )r / l�/pn '/ r }/ /J pl� Location: NE' /Y Sit a , 17N` RI/ L•(i - AV Ved GM y ,f9d !/ 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 Construction Costs Cost Site grading - Street grading 1 000 oa. Yt/3 /-60 0'00: obi Street base ' 41000 TW15 7.00 Off 000 • B0 Street paving - Curbs,gutters,and culverts - Sidewalk - Storm sewer facilities Z4° 01/ Re L,F 30.00 3, 600-n Retention ponds S/000 CO Yob /.al 551000.00 Ditch Improvements - Subsurface drainage - /„—`, Sanitary sewers - Trunk and forced lines - Mains - Laterals(house connected) - On-site sewage facilities - On-site water supply and storage - Water Mains(includes bore) 6. 3 ieo L,F I6.00 silt 00800 Fire hydrants / N f„q. ;IN 16 £ 000.00 Survey and street monuments and boxes 4' & $77 0d zee•d0 Street lighting Street Names / El? ISS(tie /5`800 Fencing requirements - Landscaping - Park improvements - Road culvert WE of lie I•F JJ ott 3, i00 . 0e Grass lined swale - Telephone LienOSAM .7 500.00 Gas 491 Sµry di. rat 80 Electric Lill SH+fi zY Ze/.00 Water transfer - SUB-TOTAL: /377 050.00 Engineerng and Supervision Costs$ I 500.00 (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) r TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 13X, 6'So. co 9 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 Applicant Date: ,20 _ Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 10 r !� EXHIBIT"B" Name of Subdivision {1 / /J ,�/n' or Planned Unit Development I(WUW/1� glv(9L IsiQ is _ Filing /j Q/7 loft' / /'� p// Location: NE 'It Sec 8 , T 7N/ X I W /L/Q Oa 0-#41/ Ad D / All improvements shall be completed within I _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 H Street grading / flo0/rl gel/ l , ?eO$ Street base ? Rodin Uk � leaf Street paving Curbs,gutters,and culverts - Sidewalk Storm sewer facilities Retention ponds / MadJi flay I1 2tn;f" Ditch improvements / Subsurface drainage Sanitary sewers Trunk and forced lines - Mains - Laterals(house connected) On-site sewage facilities On-site water supply and sbrage Water mains 1 h041fl1 aiit y I r ar c Fire hydrants I MOJ'u X71" L 2603 Survey and street monuments and boxes /}W,Lf� /l/ 2/0,4` Street lighting 9 Street name signs &flit If 2005 Fencing requirements - Landscaping Park improvements Road culvert Nit/ 260,E Grass lined swale Telephone New/ / 2,05-- Gas fig), 1V IOC Electric R44 II Zeic Water transfer SUB-TOTAL: 1I The County,at its option,and upon the request of the Applicant,may grant an extension of tine for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant Date: ,20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 12 FINAL DRAINAGE REPORT FOR PRAIRIE RIDGE ESTATES Prepared for. Mary F.Carlson Revocable Living Trust &George B.Carlson Revocable Living Trust 7561 Kelty Trail Franktown, CO 80116 (303)814-8213 Prepared by: Jeffrey W. Couch, P.E. TEAM Engineering 3468 Shallow Pond Dr. Fort Collins,CO 80528-7002 C (970)231-9937 n!, August 15,2004 r^� DRAINAGE REPORT FOR PRAIRIE RIDGE ESTATES A. Introduction This report is prepared as part of a Minor Subdivision Final Plat Submittal for Prairie Ridge Estates. The intent of this report is to identify existing drainage patterns and determine any impacts to these patterns which may be created by the proposed development as required by Section VII of the Weld County Code. B. Site Description Prairie Ridge Estates is a 104.38 acre agricultural tract which is proposed to be subdivided into nine(9) single family residential acreages. The project is located along the south side of Weld County Road 84, one-half mile east of Weld County Road 15. The parcel is legally described as Lot B of Second Amended Recorded Exemption No. 0705-08-1-2ND AMRC 1873 located in the northeast quarter of Section 8, Township 7 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. (See Figure 1 —Vicinity Map.) The cultivated and irrigated agricultural parcel is typically bare except during the growing season. Existing farm structures and pens are located along the north property line. The Cactus Hill Lateral runs along the east property line and provides irrigation water to the site through several headgates. Adjacent property is agricultural on all sides of the proposed development and raN es- headgates. Adjacent property is agricultural on all sides of the proposed development and single family residential structures are scattered throughout the area. (See Figure 3—Aerial Photo.) C. Proposed Development Prairie Ridge Estates is prepared to create nine (9) single family residential parcels on 104.38 acres. One lot will be created at the north end of the project to include the existing house, farm structures and pens. The remaining eight lots will be established for new residential 11 construction. A roadway(Carlson Court)will be constructed along the existing field access road in the middle of the property which will provide access to the new lots. All existing irrigation and drainage pattems will be maintained. D. Historic Drainage Prairie Ridge Estates is located at the top of the predominant ridge in the area. (See Figure 2— Overall Drainage Schematic.) This location greatly simplifies the drainage analysis for this project since no off-site flows enter onto the property. The area to the east is below the ridge line and flows away from this parcel. Areas to the south, north and east are lower than the project site and do not contribute runoff towards the proposed development. Historic flows discharge from the project site at two locations. The northeasterly two thirds of the site (Upper Basin) drain into a swale which runs east to west through the property and discharges along the west property line. The southwesterly corner of the property (Lower Basin) drains to the southwest and is collected by on-site ditches before discharging along the south property line in an established swale. No evidence of erosion or flooding was evident on this site or on downstream property. mulct_2-OVERALL DRAINAGESCHEMATIC " °'° \ d Copyright(C)1997,Maptech,Inc. E. Irrigation The Cactus Hill Lateral runs along the existing ridge line which forms the easterly boundary of this parcel. Several recently improved headgates distribute water to a system of pipes which allow for an efficient delivery of water to the entire site. It is intended that the entire system will be utilized and field laterals will be relocated along lot lines to provide an extensive water delivery system. F. Proposed Drainage Because of the large size of the proposed tracts (10 acres), there will be no overlot grading. The existing land form, drainage and irrigation patterns will be maintained. Runoff in the upper basin will be directed to a detention pond at the northwest corner of the property along existing swales. Runoff in the lower basin will be directed to a detention pond at the southwest corner of the property. G. Conclusions I Recommendations 1. No overlot grading will be required. 2. All irrigation systems will remain intact to allow native irrigation water to be used for landscaping. 3. The proposed development is outside of floodways and floodplains. 4. No off-site runoff impacts this site. 5. The property is located along the top of a prominent ridge in the area. 6. On-site runoff will follow historic patterns. 7. Detention ponds at the northwest and southwest corners will collect runoff from the project and mitigate flow increases by limiting discharge to a five(5)year historic rate. L ._ MINOR SUBDIVISION SKETCH PLAN FOR PRAIRIE RIDGE ESTATES IMENDED RECORDED EXEMPTION NO. 0705-08-1-2ND AMRE 1873 SITUATE IN THE NORTHEAST QUARTER OF SE 7 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. S n vim 1. s 2. F 3. �P 6 5 WELD COUNTY ROAD 84 i" 5 4 7 8 PRAIRIE RIDGE 8 9 DEVELC GEORGE A ESTATES 0/0 MARX AND GEOR 0 7561 KELT FRANK TOW 814 0g (303) 814 PLANNE Ea TEAM ENGI JEFF COLIC I 3468 SHAI FORT COLL (970) 231- - — /� SURVE' MARK COP ABSOLUTE 1135 NOR1 C LOVELAND, o (970) 203 0 GEOLOC ce �R. THOMAS W �f4' TERRA LOC co o P.O. BOX Li '>- 3 LOVELAND, (970) 663 (970) 443- w )ER c 7 8 COLORADO STATE HIGHWAY 14 8 9 .. 18 17 I 17116 FIGURE 1 —VICINITY MAP _ 1" = 600' S- : z3 i 2av / zn.. p1 Y A V A � � •d"•j c S tit � lv49 N„ J �,. Ai > 71 '('' fin^ v .v V£A ' z' F-- � I' 3', I(( \ Ji V A NAC5 HALLOW _.�...� 1 Vv A r 7 9 �'% av ;_1 C •xsseavorH _ i `\--, ,i,(,( ., e �;. \--"1";<4. \; '<— \ x ‘i £ w• -$:,x23) -\/ \ J \ iZ 2 \ ‘� �`( .t A j' yr /t / \ e NV A 22:2471::-.f / \ .�_ e v d1 £\'‘...\‘',v `, 1 Y 1 t \ C r', \\,, -O JA 1 t �I '1 V� °'nom �i I M1\ �V A J A 1 ,A �\ \ l \ %it I I ! 1A y ✓ 11\ A‘°. ` V A v i 1 V V n t1 A „Sig` { iii 1 v A I ' ;'` \�V v �-q _ V c. t 41 I I e• .\ :ft ! V £ A/ A,� °a, v 9�*evWa. � 27 A A i Mx t , r 1 ; \ � v a , i a .y. \ Y` J I - / 7'/--... \).1 tti{3 t v y 2 i / f / t, I � FIGURE 2- OVERALL DRAINAGE SCHEMATIC) ,,, i V 4 �'' Copyright(C)1997,Maptech,Inc. Property Aerial 0 _ ` { s S 7 • FIGURE 3-AERIAL PHOTO MINOR SUBDIVIS PRAIRIE RI( LOT B OF SECOND AMMENDED RECORDED EXEMPTION NO. 0705-08- TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE SIXTH PRIM nu.COMMIT nom SA a.) YI[9T mr -_ .ersa- - — — ---- —Y _ - _ __ MAC — FYrc N. sz,o sa.n, ulasem er f.7e Ac mm we 4 I \ yy Y 1L "�t I L - - - - - --�t_ - - - - Th ,� ~ r - - - - - 1.01118.984.33' (IMO, I 21112o p ASS.57609 Sy FM. 10.46Ac 9 I! .? 7..n ': _ uo / it 1 I 457.5.5.5e se.Ft KK.r' nT O I I 1 II 9.e0 k. / /J �I sn,naes s9 n — i I 18 1 IM J I �• - _ - - ,11 L � � © 12. L — -oar 9 C uzsss lz h.n. 10.16 AC r c, \--- ---- � —\ \ \ \ ' Su.N..ez SP F,. , . -.- - '@ I M2N AC. / �py j / O$ — — 439]]7.00 0.Ff. \ t r0,-- 999 AC. i i Ir o \ © I • IL !64.718.79 Sp.Ft \ \ NV M'v w6398.36 h.Ft 12.96 AC _, . 1011 AC I IDI A' \\ pore "nte6.6 MRII'Nv NTM1N MM. 3 UMITY.ORNIAQ. µ9ISNT ALOCY THE FIGURE 4- PROPOSED LAYOUT E�141 ALONG 8 SOUTH SCE Or LOT NANI ACCESS EASEMENT FEMA FIRM Community Panel #080266 04751) cc I 111 ID c ...... .- is N\ PI I \I c L i \N. u r. \ ® u ! T— \ Not to scale 11` ' \\ o, 0ZONE C V °ic,,, n 1 Note: The approximate boundary for this parcel is placed upon the FEMA FIRM Community Panel. i 1 II 1 1 I i 11 I'I I eld County Zoning Mylar Map (March, 2002) L, 0 ',� A' i ,,.� Z ei.•le I ; k ‘ A • i \ � is \_ 4 ( t \_/-‘,/, l ® ��a Iw 1�1 lr '� A., - \ P Jams \ { �� _ -- -.—_. � '� �� 4 -lake \ � 1 ® 1 .' / \ [ 1 1 J ' ID ID ® NOTE: The Saddler Arena USR listed on Page 8 is not illustrated on this zoning mylar map. ® This notation is important for the property owner to have. The Saddler Arena USR is located in D the S2 of Section 9,just southeast of the property in question. D r. D D 7 D D TITLE NO.: Ti..iR0000018 161 Land America PROPERTY: Transnation SELLER: George B. Carlson and Mary Carlson PURCHASER:INFORMATIONAL COMMITMENT Transnation Title Insurance Company 5801 W 11th Street Suite 201 Greeley, CO 80634 DATE: October 25, 2004 PHONE: 970-352-2283 FAX: 970-352-2312 IN CONNECTION WITH THE ABOVE MATTER, WE ARE ENCLOSING HEREWITH THE FOLLOWING: Informational Commitment WE APPRECIATE THE OPPORTUNITY TO BE OF SERVICE TO YOU. PLEASE CONTACT THE UNDERSIGNED IF YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION. CC: The Mary F. Carlson Revocable Living Trust, a Trust and The George B. Carlson Revocable Living Trust, a Trust 7561 Kelty Trail Franktown, CO 80116 Attn: The Mary F. Carlson Revocable Living Trust, a Trust and The George B. Carlson Revocable Living Trust, a Trust ESCROW CLOSER: Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Schedule A 1. Effective Date: Commitment No.: October 19, 2004, at 7:00 am TNGR0000018 2. Policy or Policies to be issued: Amount Premium Informational Commitment Proposed Insured: Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and Title to the estate or interest in the land is vested in: The Mary F. Carlson Revocable Living Trust, a Trust and The George B. Carlson Revocable Living Trust, a Trust 4. The land referred to in this Commitment is described as follows: SEE ATTACHED EXHIBIT "A" Transnation Title Insurance Company Prepared By: Sean Stevens Commitment No.TNGR0000018 Exhibit"A" Lot B of 2nd Amended Recorded Exemption No. 0705-08-1-2nd AM RE1873, recorded September 8, 1999 as Reception No. 2719193, being a part of the NE1/4 of Section 8, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by Deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the entire North side of the NE1/4 of said Section 8. Commitment No. TNGR0000018 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. NOTE: Pursuant to senate bill 91-14 (CRS 10-11-122) the company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a certificate of taxes due or other equivalent documentation from the county treasurer or the county treasurer's authorized agent; or until the proposed insured has notified or instructed the company in writing to the contrary. NOTE: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any document that does not conform. NOTE: This commitment has been issued for information purposes only and there are no requirements. The liability of the Company in terms of this Commitment is limited to the charges paid for the Commitment. Commitment No.TNGR0000018 SCHEDULE B - SECTION 2 EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unredeemed tax sales, if any. Note: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policy to be issued hereunder. 7. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded March 11, 1911 in Book 335 at Page 209. 9. Cactus Hill Ditch extension of Cowan Ditch No. 1, and any and all rights of way therefore as evidenced by Map filed September 28, 1907 as Filing No. 122760, in which the specific location is not defined. 10. Cactus Hill Ditch, and any and all rights of way therefore as evidenced by Deed recorded April 15, 1907 in Book 250 at Page 98, in which the specific location is not defined. 11. Right of way, whether in fee or easement only, to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Karl C. Weiss, recorded July 24, 1951 in Book 1307 as Reception No. 1111217, affecting the following described property: The N1/2 of the NE1/4 of Section 8, Township 7 North, Range 67 West of the 6th P.M., Beginning at a point on the West line of said N1/2NE1/4 Section 8, being 37 feet South of the North quarter-corner of said Section 8; thence South 89 degrees 51 minutes East, a distance of 2097.9 feet, thence South 89 degrees 31 minutes East, a distance of 587.1 feet, more or less, to a point on the East line of said N1/2NE1/4, being 41 feet South of the Northeast corner of said Section 8. Commitment No. TNGR0000018 12. Right of way, whether in fee or easement only, to place, construct, operate, repair, maintain, relocate and replace thereon an electric transmission or distribution line or system, overhead and/or underground, granted to Poudre Valley Rural Electric Association, Inc. by Karl C. Weiss by instrument recorded November 12, 1970 in Book 635 as Reception No. 1557318, in which the specific location of the easement is not defined. 13. Right of way, whether in fee or easement only, to place, operate, repair, maintain, relocate and place thereon a water transmission or distribution line or system, as granted to North Weld County Water District by Karl C. Weiss, recorded August 26, 1971 in Book 652 as Reception No. 1574051, affecting the following described property: A 50 foot easement, the center line of which is more particularly described as follows: Commencing at the NW corner of Section 8, Township 7 North, Range 67 West of the 6th P.M., thence Easterly along the County road a distance of approximately 4,600 feet more or less, thence Southerly approximately a distance of 40 feet more or less, to point of beginning. Thence in a Southerly direction a distance of approximately 300 feet more or less to the East side of the Cactus Hill Lateral, thence in a South Easterly direction paralleling the Cactus Hill Lateral, a distance of 2,640 feet more or less. 14. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cactus Hill Ditch lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above Cactus Hill Ditch or indicating any alterations of the same as from time to time may have occurred. 15. Any question as to the size of location of the subject property. NOTE: This exception is necessary because the legal description of the property conveyed by deed recorded in Book 250 at Page 98 referred to in the legal description contained herein is not specific. 16. Right of way, whether in fee or easement only, for overhead and/or underground electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association, Inc. by Donald H. Preist and Ruth C. Preist by instrument recorded November 17, 1992 in Book 1359 as Reception No. 2311255, in which the specific location of the easement is not defined. 17. All ditch rights and for easement for maintenance of underground irrigation pipe line for the delivery of North Poudre Irrigation Company water as well as shared use of Headgate No. 16 on the North Poudre Irrigation Company Ditch, as conveyed to Francis J. Sewald and L.J. Sewald by Donald H. Preist and Ruth C. Preist by deed recorded January 17, 1996 in Book 1527 as Reception No. 2472128. 18. Terms, agreements, provisions, conditions, obligations and easements as contained in 2nd Amended Recorded Exemption No. 0705-08-1-2nd AM RE1873, recorded September 8, 1999 as Reception No. 2719193. Commitment No.TNGR0000018 ,.� 19. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Dale A. Glesmann and Sharon E. Glesmann, as described in instrument recorded September 20, 1999 at Reception No. 2721511. 20. Deed of Trust from The Mary F. Carlson Revocable Living Trust, a Trust and The George B. Carlson Revocable Living Trust, a Trust to the Public Trustee of the County of Weld for the use of New Frontier Bank to secure $650,000.00, dated December 10, 2003 and recorded December 15, 2003 at Reception No. 3135246. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. NOTE: Pursuant to CRS 10-11-122 notice is hereby given that: (A) The subject property may be located in a special taxing district; (B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the county Treasurer or the county treasurer's authorized agent; (C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interest or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Hello