HomeMy WebLinkAbout20052832.tiff ( SITE PLAN REVIEW
Administrative Review
WUDc.
COLORADO
• Case Number AMSPR-209 Planner Sheri Lockman
Applicant: Tom Canzona
Legal Description: Unit 4 Bldg C Ridge West Commercial. Pt N2 NE4 Section 9,T5N, R66W of the 6th
P.M., Weld County, Colorado
Zoning: C-3 (Business Commercial)
Proposed Use: Church
Parcel Number 0959 09 102013
Site Plan Review Standards
Meets the Intent of
Chapter 23 of
Comments the Weld County
Code
Site Plan Certification Need original NO
Retention Facilities Public Works referral dated June 14, 2005 YES
Engineering Dept.
Approval Date
Offstreet Parking Public Works referral dated June 14, 2005 NO
Loading Areas YES
Access YES
Setback Requirements 25 feet from the right-of-way for U.S. Highway 34 YES
Offset Requirements 10 feet YES
Landscaping NO
Trash Collection and NO
Storage
Potable Water YES
Sewage Disposal YES
Environment Standards YES
AMSPR-209 Canzona 1 of 6
2005-2832
Noise YES
Air Quality YES
Water Quality YES
Radiation YES
Heat YES
Light None indicated NO
Property Maintenance YES
The application includes amendments to the parking area which is held in common interest of the owners of
the thirteen condominiums located in Ridge West Commercial.Because this area is under common ownership
the plat must be reviewed and signed by all owners of the thirteen condominiums unless it can be
demonstrated that condominium declarations allow consent by a lesser number. Further, it is required that
the common ownership area be in compliance with all Commercial zone district requirements in effect as of
this date.
This site plan review is approved with the attached conditions:
1. Prior to recording the Site Plan Review plat,the applicant shall address the following to the Department
of Planning Services' satisfaction:
A. Section 23-3-250.A.2 of the Weld County Code requires sufficient screened, off street parking.
Section 23-3-250.A.5.a of the Weld County Code states "Required Landscaped Areas. That
portion of a lot in any Commercial Zone District which abuts a public or private street right-of-way
shall be landscaped for a distance of ten (10) feet, measured at a right angle from the lot line
towards the interior of the lot. Sidewalks and driveways may pass through the required
landscaped areas."
At this time the landscaped area at the north end of the site is rock with a mixture of pasture
grass and weeds. This is not adequate. The applicant shall submit a Landscape and Screening
Plan to the Department of Planning Services for review and approval. The plan shall include
adequate screening for the parking at the north side of the site from U.S. Highway 34 as well as
a maintenance plan. (Department of Planning Services)
B. The applicant shall complete all required improvements to the common interest lot or submit an
Improvements Agreement that addresses all improvements associated with this development
(plant materials, fencing, screening, parking lot striping, etcetera), per compliance with Section
24-9-10 of the Weld County Code or complete all improvements to the satisfaction of the Weld
County Departments of Public Works and Planning Services.The agreement shall be approved
by County Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Department of Planning Services)
C. Section 23-4-110.A.5 of the Weld County Code prohibits signs located on motor vehicles,trailers
or portable bases with wheels.The existing sign attached to the cherry picker at the entrance to
the site shall be removed. (Department of Planning Services)
D. The applicant shall provide the Weld County Department of Planning Services with a certificate
from the Weld County Treasurer showing no delinquent taxes exist for the applicants
condominium parcel and the common area parcel. (Department of Planning Services)
AMSPR-209 Canzona 2 of 6
E. Adequate parking has not been provided for church services and associated meetings held
during business hours. These services shall be held at a different permitted location.
(Department of Planning Services)
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AMSPR-209. (Department of Planning Services)
2) The plat shall be amended to delineate that Ridge West Commercial Condominium
Association deeded additional right-of-way for U.S. Highway 34 by a Warranty Deed
recorded on July 25, 1997 under reception number 2559767. (Department of Planning
Services)
3) The plat shall be amended to show the approved Landscape/Screening Plan. (Department
of Planning Services)
4) The plat shall show all existing signs in the common interest lot. All signs must adhere to
Chapter 23, Division 2 of the Weld County Code. (Department of Planning Services)
5) The two parking spots adjacent to the outcropping of the main building identified as
Building B directly across from the trash receptacle shall not be used as parking.
(Department of Public Works)
6) The plat identifies four (4) parking spaces adjacent to the north building. This shall be
amended to three (3). (Department of Planning Services)
7) Each separate building shall include one paved parking space that meets all requirements
of the American Disability Act(ADA).The ADA parking space must be twenty(20)feet by
eight(8)feet with an eight(8)foot aisle. There is currently a handicapped parking sign in
front of a loading zone. This sign shall be removed. (Department of Planning Services)
8) Additional parking spaces shall be identified on the plat drawing in the section north and
adjacent to the west property boundary.The parallel parking area/drainage easement is
being identified as additional parking.All additional spaces shall be designated on the plat.
Parking will not be designated where there is an existing access from the adjacent lot to
the west. (Departments of Public Works and Planning Services)
9) The area intended as a screened trash enclosure is not being utilized for this purpose.The
enclosure was located in an area that has limited area for a trash truck to load the
dumpster. The trash enclosure shall be moved south where the trash is currently located.
The plat shall be amended to include the screened trash area in accordance with Section
23-3-250.A.6 of the Weld County Code. (Department of Planning Services)
10) The optional parking (four spaces) identified between the metal buildings is being utilized
for storage.These parking areas cannot be counted in the total available spaces. Re-label
and indicate as outdoor storage. (Department of Public Works)
11) The plat shall indicated curb stops for all parking adjacent to buildings and the three
parking spaces on the north side. One curb stop may be used for two parking spaces.
(Department of Planning Services)
12) The applicant has not indicated any lighting on the site. If lighting is proposed or existing
on site it shall be noted on the Site Plan. The applicant shall adhere to the lighting
standards,in accordance with Section 23-2-160.U.6 and Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
AMSPR-209 Canzona 3 of 6
13) All reference to Land Surveyor of Colorado shall be removed from the plat. (Department
of Planning Services)
G. The following notes shall be placed on the plat:
1) In accordance with Section 23-2-150.C of the Weld County Code, no land, building or
structure shall be changed in use or type of occupancy, developed, erected, constructed,
reconstructed, moved or structurally altered or operated in the commercial or industrial
zone districts until a Site Plan Review has been approved by the Department of Planning
Services. (Department of Planning Services)
2) In accordance with section 23-2-150.L of the Weld County Code, any approved Site Plan
Review shall be limited to the items shown on the Site Plan Review map. Major changes
from the approved Site Plan Review map shall require the approval of an amendment of
the Site Plan Review map by the Department of Planning Services. The Department of
Planning Services is responsible for determining whether a major change exists. Any
changes shall be filed in the Department of Planning Services with the Site Plan Review
file. (Department of Planning Services)
3) The application does not propose any portion of the site to be leased to another party. In
the event that a portion of the building is proposed to be leased to another party in the
future,the applicant shall submit a copy of the lease agreement and information regarding
the proposed use of the leased portion to the Weld County Department of Building
Inspection, Milliken Fire Protection District and the Department of Planning Services for
review. Based upon the proposed use and/or impacts of the leased portion, the
Department of Planning Services may require a new Site Plan Review application.
(Department of Planning Services)
4) The occupancy rating for the proposed church building shall not exceed the approved
parking (one (1) parking space for each four (4) seats of rated seating). (Department of
Planning Services)
5) There shall be no parking or staging of trucks or vehicles on U.S. Highway34.(Department
of Planning Services)
6) Church services shall be held after 6:00 p.m. from Monday through Friday. (Department
of Planning Services)
7) All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
8) No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department
of Public Health and Environment)
9) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
(Department of Public Health and Environment)
10) Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department
of Public Health and Environment)
AMSPR-209 Canzona 4 of 6
11) This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public
Health and Environment)
12) Adequate toilet and handwashing facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
13) The facility shall utilize the existing municipal sewage treatment system (City of Greeley).
(Department of Public Health and Environment)
14) The facility shall utilize the existing public water supply(City of Greeley). (Department of
Public Health and Environment)
15) The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Departments of Public Health and
Environment and Planning Services)
16) No building permit for any building or structure in a zone district which requires a site plan
review shall be issued until a site plan review has been submitted, approved and recorded
by the Department of Planning Services. (Department of Planning Services)
17) On site signage shall be in compliance with Chapter 23, Division 2 of the Weld County
Code. Signs will require building permits. (Department of Planning Services)
18) A building permit shall be obtained prior to the construction of any new building or
remodeled of existing. (Department of Building Inspection)
19) A plan review is required for each building for which a building permit is required. Plans for
each building shall include a floor plan and in the warehouse floor plans shall include the
method of storage. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
20) Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Code; 2003 International Mechanical Code; 2003 International Plumbing
Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
21) Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.(Department
of Building Inspection)
22) Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
(Department of Building Inspection)
23) Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building. (Department of Building Inspection)
AMSPR-209 Canzona 5 of 6
•
24) Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services'Staff withing sixty(60)days from the dte the
Administrative Review was signed. The plat shall be prepared in accordance with the requirements of
Section 23-2-160.V of the Weld County Code. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed a
$50.00 recording continuance charge shall be added for each additional 3 month period. (Department
of Planning Services)
4. Prior to operation:
A. If the applicant desires, he may notify the Weld County Sheriff's Office for assistance in
developing a security plan for the site free of charge. (Sheriff's Office)
B. A Certificate of Occupancy for the proposed church must be obtained from the Weld County
Department of Building Inspection. The occupancy rating for the proposed church building shall
not exceed the approved parking(one(1)parking space for each four(4)seats of rated seating).
(Department of Planning Services)
Site Plan Review conditionally approved by: J2JJ �i,�/ t Date:June 14, 2005
Sheri Lockman, Planner II
AMSPR-209 Canzona 6 of 6
DEPARTMENT OF PLANNING SERVICES
cit NORTH OFFICE
918 10Th Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
11 I SOFAX: 4209 CR 24.5
(9F6
IDe. LONGMON, CO 80504 70) 304- 498
COLORADO PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
May 10, 2005
Tom Canzona
6268 W. 101h Street Unit A
Greeley CO 80634
Subject: AmSPR-209 -Site Plan Review located in the Agricultural on a parcel of land described as
Unit 4 Bldg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are complete and in order at this time.
Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will
be notified by this office at the end of the review period regarding the site plan.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Greeley Planning Commission for their review and comments. It is recommended that you and/or a
representative be in attendance at the Greeley Planning Commission meeting to answer any questions the
Commission members may have with respect to your application. Please call 970-350-9780,for further details
regarding the date, time, and place of the meeting.
If you have any questions concerning this matter, please feel free to call or visit our office.
Sincerely,
Sheri Lockman
Planner
41) DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
e-mail: slockman@co.weld.co.us
C. PHONE: (970) 353-610, Ext. 3540
FAX (9770) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
August 4, 2005
Tom Canzona
6268 W. 10th Street
Unit A
Greeley, CO 80634
Dear Mr. Canzona,
The Departments of Planning Services and Public Works have reviewed the information that you
submitted for AMSPR-209. I have outlined the conditions that our departments had comments on.
1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the
Department of Planning Services' satisfaction:
A. Section 23-3-250.A.2 of the Weld County Code requires sufficient screened, off street
parking....
At this time the landscaped area at the north end of the site is rock
Please indicate how the landscaping will be irrigated and maintained as notes on the
landscape plan.
B. The applicant shall complete all required improvements to the common interest lot or submit
an Improvements Agreement that addresses all improvements associated with this
development (plant materials, fencing, screening, parking lot striping, etcetera), per
compliance with Section 24-9-10 of the Weld County Code or complete all improvements to
the satisfaction of the Weld County Departments of Public Works and Planning Services. The
agreement shall be approved by County Staff and accepted by the Board of County
Commissioners prior to recording the plat. (Department of Planning Services)
C. Section 23-4-110.A.5 of the Weld County Code prohibits signs located on motor vehicles,
trailers or portable bases with wheels. The existing sign attached to the cherry picker at the
entrance to the site shall be removed. (Department of Planning Services)
Planning Staff will verify upon field check for on site improvements.
D. The applicant shall provide the Weld County Department of Planning Services with a
certificate from the Weld County Treasurer showing no delinquent taxes exist for the
applicants condominium parcel and the common area parcel. (Department of Planning
Services)
�� /7g7
F. 2) The plat shall be amended to delineate that Ridge West Commercial Condominium
Association deeded additional right-of-way for U.S. Highway 34 by a Warranty Deed
recorded on July 25, 1997 under reception number 2559767. (Department of Planning
Services)
The plat indicates that this area has been dedicated. It has been deeded to CDOT
and is no longer a portion of the property.
3) The plat shall be amended to show the approved Landscape/Screening Plan.
(Department of Planning Services)
The approved Landscape Plan should be shown on a 24" x 36" sheet and
appropriately labeled AMSR-209 for recording.
4) The plat shall show all existing signs in the common interest lot. All signs must adhere
to Chapter 23, Division 2 of the Weld County Code. (Department of Planning Services)
The plat includes a note that no new signs are proposed. However, the existing
signs are not in compliance. The plat must show the existing/new signs that are
in compliance or the signs must be removed.
8) Additional parking spaces shall be identified on the plat drawing in the section north and
adjacent to the west property boundary. The parallel parking area/drainage easement
is being identified as additional parking. All additional spaces shall be designated on the
plat. Parking will not be designated where there is an existing access from the adjacent
lot to the west. (Departments of Public Works and Planning Services)
The parallel parking has been amended along the west edge of the property. The
plat shall be amended to show curb stops for each two parking spaces.
10) The optional parking (four spaces) identified between the metal buildings is being
utilized for storage. These parking areas cannot be counted in the total available
spaces. Re-label and indicate as outdoor storage. (Department of Public Works)
The outdoor storage should be removed or the plat should be labeled storage.
12) The applicant has not indicated any lighting on the site. If lighting is proposed or existing
on site it shall be noted on the Site Plan. The applicant shall adhere to the lighting
standards, in accordance with Section 23-2-160.U.6 and Section 23-3-250.B.6 of the
Weld County Code. (Department of Planning Services)
The plat includes a note stating no new lighting is proposed. Please indicate
existing exterior lighting if any exists.
Please also amend the plat to include a signature block for the Department of Planning Service in
accordance with Section 23-2-160.W.6.b of the Weld County Code. Please give me a call if you have any
questions or concerns.
Sincerely,
�ckman
en Lockman
Planner II
FIELD CHECK inspection date: c),A5/67-5
APPLICANT: Tom Canzona CASE #: AMSPR-209
REQUEST: Site Plan Review
LEGAL: Pt N2 NE4 Section 9, T5N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to 10th Street, approximately 1600 feet west of
59th Avenue, Greeley
PARCEL ID #: 0959 09 102013 ACRES: 3+/-
Zoning Land Use
N C-3 N 0010G
E C-3 E
S C-3 S
W C-3 W V
COMMENTS: �� _,o ()Ka L{tarty
Poin ej ediallov- Gut&
V c r it- 6u -Lux GE-� '' 'h- •v ,/pi_ d, AithisapdaLt‘&
`r. g �c'YlLt6 �� ,
SITE PLAN REVIEW (SPR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT# /AMOUNT # 1$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 � _5_ -Q_9_- -Q -_0_ -a
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Ass essor's Office,or www.co.weld.co.usl.
Legal Description Part of the N2 NE 4 , Section 9 , Township 5 North, Range66 West
Lot/Block: Zone District: , Total Acreage: 3 , Overlay District:
FEE OW NER(S) OF THE PROPERTY:
Name: Tom Canzona
Work Phone It 396-5225 Home Phone# 353-6733 Email Address
Address: 6268 W 10th Street Unit A
City/State/Zip Code Greeley , CO 80634
Name:
Work Phone# Home Phone# Email Address
Address: ..
City/State/Zip Code
Name:
Work Phone# _Home Phone# Email Address
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications sgned by Authorized Agent)
Name: Tom Canzona
Work Phone # 3x6_5725 _Home Phone# 353-6733 Email Address
Address: 6268 W. 10th Street Unit A
City/State/Zp Code Greeley , CO 80634
PROPOSED USE:
Use of the building would be for a church for people to come together
to worship and pray .
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 correctto the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the
signatory has to legal authority to sign for the corporation.
Signature: Owne yr qutho " Agent Date Signature: Ow •r : Authori Agent Date
-3-
SITE PLAN CERTIFICATION
I (We) hereby certify that the uses, buildings, and structures located on:
6 5q W 19th Stag + rr ' + a
Part of the N2 NE Sec 9, T5N, R66W
(legal description)
are designed and will be constructed and operated in accordance with the applicable Performance Standards and
District Requirements for the zone district as stated in the Weld County Code and in
accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned
or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the
County initiating a compliance action against me.
la
/` r o Pray Owner
The foregoing instrument was subscribed and sworn to before me this CI day of ► ) IC )
20 tc , by f l\O(WjS, 1 . CasiZCxV
WITNESS my hand and official seal.
My Commission expires: al5, 1 0
NELENE
y=. RASMUSSEN F
Nota Public
-4-
EMERGENCY CONTACT INFORMATION
PLEASE TYPE OR PRINT
Business Name:__ Canzona, Inc , Phone: 396-5225
Address: 6268 W. 1Oth Street , Unit A, Greeley, CO 80634
Business Owner:_Tom Canzona Phone: 396-5225
Home Address: 1410 38th Avenue City: Greeley
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
Tom Canzona Owner 1410 . 8th Av nue _ .___._ 9196-572`+
Troy Garcia Asst . Owner 1015 39th Avenue 371-1059
Steve Grant Pastor 6250 W. 10th Street #4 330--3139
Business Hours: 8-5 Days:Monday—Saturday
Type of Alarm: None Burglar Holdup Fire Silent Audible
Name and address of alarm company: None
Location of Safe: None
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this buildhg: 2 Location(s): West side , East Side
Is alcohol stored in building? No Location(s):
Are drugs stored in building? No Location(s):
Are weapons stored ti building? No Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the
programs of interest. Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main electrical: West Side
Gas shut off: Fast Side
Exterior water shutoff: North Side, Greeley Water Meter Pit
Northeast Corner
Interior water shutoff:
5
lCo1 PU on
6268 W. 101h Street, Unit A • Greeley, Colorado 80634
Phone: (970) 396-5225, Fax: (970) 351-0998
To Whom It May Concern:
We have our architectural stamp on our plans and we would appreciate a quick turn
around on the permit. We are submitting for your review our site review plan that address
the parking lot, landscaping, and all of the requirements you asked for. We would
appreciate your review and hope to obtain a building permit with in 5 days. We feel that
we have met all of your requirements with the preliminary review.
If you have any questions or concerns please contact me at (970) 396-5225, or Annabelle
at (970) 396-5488.
Than ou,
Tom Canzoa
Table of Contents
1. Complete Application
2. Site Plan Review Certification
3. Copy of Deed
4. Emergency Information Sheet
5. Site Plan Review Map
a. 1st Supplement
b. 2"" Supplement(Site Review Map &approved Plat)
6. Proposed Remodel Plan
7. Narrative
a. Narrative by Tom Canzona
b. Questionnaire from surrounding owners (note: 100%approval)
c. Letter from Pastor Steve Grant on proposed use for services, weddings,
and funerals.
8. Vicinity Map
9. Evidence of Water and Sewer
10. Road Access Information Sheet
11. Party Wall Statement
12. Declaration of Covenants
13. Request for number of Employees
14. Setbacks (see attached maps)
15. Building elevations and style (see attached 2"d supplement)
16. Signage, Landscaping& Drainage
a. Storm Water Run Off
17. Off Street Parking (see attached plot plan)
a. 47 parking spaces, 10 loading areas- total of 57 proposed parking spaces
18. Loading Statement
19. Access-refer to 2"" supplement&previously approved letter from the Colorado
DOT
20. Trash Statement
21. Use Compatibility Statement
22. Site Review Plat&Map (refer to 1st and 2n°supplement provided in packet)
23. Evidence of Paid Taxes
24. Mineral Rights and Ditches
�a�� w �b .5± LL/
Page 1 of 1
Sheri Lockman
From: Lee Morrison
Sent: Friday, June 17, 2005 10:32 AM
To: Sheri Lockman
Subject: RE: Canzona SPR
that is correct unless the condominium declarations allow
an association or consent by less than a majority
LW D. M4vi.Z4e4.
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and
delete your copy of this message."
From: Sheri Lockman
Sent: Friday, June 17, 2005 7:52 AM
To: Lee Morrison
Subject: Canzona SPR
I spoke to you about the commercial condominiums with the parking/landscape area held in common interest. I
did find a Condominium Declaration which showed each concominium has a 13th interest in the common
area. This is the language I used on the Site Plan Review, please let me know if you think it is ok.
The application includes amendments to the parking area which is held in common interest of the owners of the
thirteen condominiums located in Ridge West Commercial. Because this area is under common ownership the
plat must be reviewed and signed by all owners of the thirteen condominiums[Lee Morrison] unless it can be
demonstrated that condominium declarations allow consent by a lesser number . Further, it is required that the
common ownership area be in compliance with all Commercial zone district requirements in effect as of this
date.
06/17/2005
•
fill liter
4�1 1 q,c# f: April 21,2005
trr r I
Dept.Of Planning Services
Weld County North Office
s 918 10th Street
'o Greeley,CO 80631
RE: Church Usage for 6250 W. 10th Street Unit 4
3g f The early success of Weld County was marked by a partnership of the church,state and
business leaders working together to make this region into a world-class showplace. The first
1 tS`$: churches started were recruited into the community by government officials. They sought solid
y r ' zs pastors,people of Christian faith,and those who were community minded. The government
s . +by,. .. recognized that a stable community could only be built on people of moral,Christian faith. These
rem.• churches were largely financed by businesses(e.g., Union Pacific and others),and they established
a foundation that caused Weld County and the Union Colony area to succeed when other fledgling
, communities failed. Out of this partnership came all of the blessings that we enjoy today.
t4,-,?1-(>71;44
v 24,4 However,times have changed.
Fifit.:14 �, •5 In the most recent survey of religion and faith in Colorado, Weld County ranked last in
all the major counties of the state. While we have a cultural pride in church attendance and belief
• x azrfi� "" I It. 41, in Christ,every major county in Colorado surpasses us in church attendance, religious faith,and
morality. Even Boulder County has more Christian faith than we do. New residents are shocked
by the spiritual apathythey$ " p' path and amoral climate in the area as move from other states in the nation.
1frh ;e 1”:"i" This decline in morality directly impacts our quality of living. Crime rates in a large area
" of Greeley are worse than Los Angeles,Detroit and Dallas. High crime, low morality, and
"▪ AC , .� competition from other counties draw businesses out of Weld County. New businesses are often
4, reluctant to come here because of these statistics and the corresponding atmosphere. But there are
°,9n.'",11 ways to turn this around.cfc One of the most significant ways to positively change a local culture is to plant new
, churches. New churches draw new people,and are frequently involved in community service.
s.40-0:441;.-1`, Church people raise the moral base of the community. They are also good workers who attract
rw , xa 3 `' and retain business,and they tend to be small business owners and leaders. In short,they bring
I } r 14: revenue into an area. They are a tremendous benefit. This is what we are trying to do at Destiny.
m + ,ark
Destiny Christian Center is nearing 2 years old. We have met in various locations,and
#v :,1451,404141 are trying to move to a warehouse facility at 6268 W. 10th Street, from our present leased facility
at 1020 26 Avenue. The congregation is growing and we have started to become a stable
,wr• r e..1,.,:11;;;,;:w congregation. While the finances cover the monthly fees,we have many needy in the
. congregation who are turning their lives around. Our new landlord is excited to help,and is doing
1144.,"''s, fxst44 all he can to work through the various processes. However,the rigors and costs of site plan
*7.4, ". S., .� reviews and the restraints this process imposes creates a bottleneck. Freedom of worship is
seemingly not banned;it is regulated and requires that all government criteria be met. This
�* 1 * „ . imposes the state over the church and constricts freedom of worship.
.A3.kx 4, k r.:,
�mr
� , c•s,�
With that stated,please know that I understand there are very logical factors that must be
considered. With any change of use,parking,fire protection,access,etc., should be reviewed.
However,these should not be used to prohibit freedom of worship,but to foster its growth or
expression. We will do our best to answer your questions honestly as to our expected use. We
also recognize our national(and God-given)right to worship how and where we see fit. (I know
there is one church congregation who meets in a barn in Weld County. This is a definite change of
use,and yet it is their right and freedom of expression as well. Our meeting in a warehouse should
be treated no differently.) With that said,let me provide you a portrait of our expected usage of
the site,and the general activities we foresee.
Our current service schedule is as follows: Sunday mornings 10 a.m.;Wednesday
Evening Bible Study at 7 p.m.; and, Saturday night prayer at 7 p.m. Children's and youth
ministries coincide with these services as well,and daily office and cleaning activities are
minimal. Since the other tenants operate during the day,traffic issues are not a foreseeable
problem. In fact,the usage pattern would provide activity in the area when other tenants aren't
around,creating an excellent partnership. This activity would serve as a deterrent to vandalism,
theft and other crime in the area.
At this point the church has only one employee in me as pastor. The 6 parking spaces
assigned to the property would be sufficient for most daytime activities of the church. Since the
church has neither a daycare nor a school at this point,these activities would be infrequent and
smaller than evening and weekend services for the most part.
Weddings and funerals are public events that are scheduled as needed. However, I
anticipate few,if any problems which would arise from them. Weddings are almost always
scheduled on weekends. The remaining few that I have officiated have been in the evenings,and
have been smaller,more family-oriented gatherings. As with any public use facility,our seating is
limited to our size,and larger venues would be used for larger gatherings at another site.
Funerals occur largely during the week. They are random events. All businesses have
extenuating circumstances they face from time to time,and funerals are the primary issue like this
for churches. Since parking would be shared with the other tenants and owners in the complex,
parking could be filled for 2-4 hours during the day, when a funeral occurs.
There are two caveats to this situation. First, we have an excellent working relationship
with other churches and pastors in the area,to share facilities as needed. Second,funeral homes
are often available for services as well. We are also actively involved with our new landlord to
develop a good,cooperating relationship with the other tenants in the complex,to address these
issues on a local level. Consequently,we do not foresee a problem,even with the funeral
situation. Parking lot usage is usually light,given the nature of the owners and tenants in the
complex. Therefore,we request that the site be accessible to all forms of religious worship and
types of service. If we are prohibited by you from exercising that freedom, then we would have to
contact another church or facility as needed.
I trust this answers any questions that might arise. I have been in pastoral ministry for
more than 25 years,and would be happy to answer any detailed questions that you may have. I
have been a part of one start up congregation in the Denver area,and also have successfully
planted and mothered two churches in another state. We want to be a blessing to Weld County in
the years to come, by changing the moral base of this region. I look forward to your response.
Steven�4V
Pastor
Copy to:Weld County Commissioners
Tom Canzona
Narrative
May 2, 2005
Weld County Planning Department
Attn: Monica Daniels-Mika
918 10th Street
Greeley, CO 80631
RE: Site Plan as requested by County Planning Department Planner Sheri Lockman for
6250 W. 10th Street Unit 4, Greeley, CO 80634.
Monica,
I am applying to remodel Unit#4 located at 6250 W. 10th Street in order to accommodate
a church, namely The Destiny Christian Center. I have enclosed a letter from Pastor
Steve Grant on the expected usage of the property and I feel we can accommodate their
times of service. Not many of the businesses located around the property operate on
Wednesday or Saturday nights or on Sundays.
There was a site plan done on the property, Site 209-Review-6250 W. 10th Street. There
is also another address for this property and it is 6268 W. 10th Street. The reason for this
is the City of Greeley wanted 2 water meters to service 2 different buildings. Minimal
parking was required because of the zoning. I will increase the number of parking places
with new striping which will bring the total number of spaces to 40-45. We would request
that the members of the church would respect the parking places of other owners of the
properties that may be working during these off hours. Our lot is paved and has an
adequate entrance off of West 10th Street to allow for both exit and entrance. The State
Highway Department has improved West 10th Street and given us sufficient curb cut for
both entrance and exit.
Hopefully the new striping will not only satisfy the church's need for parking but also
improve our current parking situation. Since buying the property in December 2003,
neither I nor the association have changed or altered the accepted drainage plan, the exit
or entrance from West 10th Street, nor have we altered or changed the accepted
landscaping plan submitted by Dennis Gibson and accepted by County in 1994, ref SPR
209, we are simply requesting that we can use the warehouse as a church. We do not
plan to nor can we change the drainage or landscaping.
If a sign is requested by the church then we would follow rules for application and
installation by Weld County Code.
We will include in this review documents that have been previously reviewed and
accepted by the County Planning Department, since we cannot change nor intend to
change those approved requirements approved in February of 1994. Also included are
letters from surrounding owners stating that they have no issues with this unit being used
as a church. Please note that no one was in disagreement, but every owner was very
supportive.
Respectfully,
Tom Canzona
Owner, 6250 W. 10th Street#4, 6268 W. 10th Street Unit A & 6268 W. 10th Street#4
Greeley, CO 80634
Enc: Letter from Pastor Grant, Lease Agreement with Destiny Christian Center, Parking
lot detail, plans for remodel, 15`and 2nd supplement to Ridgewest Commercial
Condominiums.
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
� 1. I have no problem with a church operating in Unit#4, 6250 W 10th St.
2. I woulAde,y�tlike to see a church operating in Unit# 4, 6250 W 10th St.
,,,,c
4Owner, Occupant
Unit# or Address -7
uz6-0L , /6rriST.
GPECegyieo 6'z&
Comments:
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
X 1. I have no problem with a church operating in Unit#4, 6250 W 10th St.
✓ `\ 2. I would not like to see a church operating in Unit#4, 6250 W 10s' St.
Owner,
�J v <J /O d Cr 02 v rd :< V,; .
Unit#or Address sic
Comments:
r2ry el �g�F -r�� �„ „ L
f.•
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10'h Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
(1gb 1. I have no problem with a church operating in Unit# 4, 6250 W 10'h St.
2. I would not like to see a church operating in Unit#4, 6250 W 10'h St.
r, ccupant
Unit # or Address
Comments:
O
(.} { :
/ " /o4k 6to.c:c
/ L I
/ (
„ k (
,
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
!f 1. I have no problem with a church operating in Unit#4, 6250 W 10th St.
2. I would not like to see a church operating in Unit# 4, 6250 W 10th St.
/
O r, Occupant __ a
Unit# or Address
Comments:
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
1. I have no problem with a church operating in Unit#4, 6250 W 10'h St.
2. I would not like to see a church operating in Unit#4, 6250 W 1 Oth St.
LI- 6,� .'G,, LLB -
�wner ccupant
6 2.SO v/ l0
. '" ai *3
Unit # or Address
Comments:
..1
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
X1. I have no problem with a church operating in Unit#4, 6250 W 10th St.
2. I would not like to see a church operating in Unit #4, 6250 W 10th St.
Owtfer, Occupant
7s
Unit # or Address
Comments:
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
"C 1. I have no problem with a church operating in Unit #4, 6250 W 10th St.
2. I would not like to see a church operating in Unit#4, 6250 W 10th St.
viltefleil,
Owner, Occupant
1 .5i1 W, /or" X71 -A 02 (�r z 1,, I,
Unit# or Address
Comments:
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
1. I have no problem with a church operating in Unit#4, 6250 W 10th St.
2. I would not like to see a church operating in Unit #4, 6250 W 10th St.
I
pp
tc,6.av5'e
Owner, Occupant
6 LGe,' GL/ /6 st el Z L• ,J it `'. _��' ≥)
Unit # or Address
Comments: / / /
1-x.rL_
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
X1. I have no problem with a church operating in Unit # 4, 6250 W 10th St.
2. I would not like to see a church operating in Unit#4, 6250 W 10th St.
/ o&c)!/L
Owderi-O'ccupant
6224A7 kJ /0
Unit#or Address
Comments:
April 20, 2005
To Whom It May Concern:
I have applied to the county for a permit to remodel Unit#4 at 6250 W 10th Street to
accommodate a church, namely the Destiny Christian Church. The county planning
department has asked for your input as surrounding property owners. To keep it simple,
would you please give your response to the following questions:
17 1. I have no problem with a church operating in Unit #4, 6250 W 10th St.
T 2. I would not like to see a church operating in Unit#4, 6250 W 10th St.
Owner, Occupant
Unit#or Address
Comments:
Weld County Planning Department
Party Walls
The association maintains the building on both 6268 & 6250 W. 10th Street. They are
separated by an approved firewall. Insurance covers the property & building, it is up to
the individual tenant/owner to have the contents insured. They are not livable duplexes or
3-plexes. I do not feel that this requirement pertains.
CITY OF GREELEY BLDG INSPECT
Item 1 of 2 BUILDING PERMIT RECEIPT OPERATOR: riverar
Sec : Twp: Rng: Sub: Blk: Lot :
DATE ISSUED : 05/09/2002
RECEIPT # : 40332
REFERENCE ID # • • • : 02050086
SITE ADDRESS : 6250 10 ST
SUBDIVISION
CITY : GREELEY
IMPACT AREA
OWNER : RIDGE WEST CONDO
ADDRESS : 6250 10 ST
CITY/STATE/ZIP : GREELEY, CO 80631
RECEIVED FROM : DENNIS GIBSON
CONTRACTOR : DENNIS GIBSON LIC # 920253
COMPANY : GIBSON CONTRACTING
ADDRESS : 6268 WEST 10TH STREET
CITY/STATE/ZIP : GREELEY, CO 80634
TELEPHONE
FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL
PLUMBING VALUATION 1 , 000 . 00 $25 . 00 $0 . 00 $25 . 00 $0 . 00
SALES-TAX VALUATION 1, 000 . 00 $15 . 00 $0 . 00 $15 . 00 $0 . 00
WATER-A FLAT RATE ' 1 . 00 $2675 . 00 $0 . 00 $2675 . 00 $0 . 00
SEWER-C FLAT RATE i,- 1 . 00 $2350 . 00 $0 . 00 $2350 . 00 $0 . 00
TOTAL PERMIT : $5065 . 00 $0 . 00 $5065 . 00 $0 . 00
M 9 2002
Ca
1 _ _
Weld County Planning Department
Request for number of employees
The expected number of employees for Destiny Christian Center is one(1). Please refer
to a letter by Pastor Steve Grant. Also in the letter he addresses special events such as
weddings and funerals.
Weld County Planning Department
Setbacks
Out setbacks have all been approved on a prior site review SPR 209 submitted and
approved in 1994.
SITE PLAN CERTIFICATION
I hereby certify Cthaat the
^,,uses,buildings,,and 4 structures located on
(A50 LA) (o J 1 i � rr5 I 2. J are
(legal desdripdionj
designed and will be constructed and operated in accordance with the applicable
performance standards and district requirements for the L' 3
zone district as stated in the Weld County Zoning Ordinance and in accordance
with any conditions imposed by the Board of County Commissioners at the time the
property was zoned or rezoned.
I understand my failure to comply with the performance standards and/or any
conditions could result in the County initiating a zoning violation action
against me.
Q.AAA.O
Signature of Property Owner
The foregoing instrument was subscribed and sworn to before me this gel day of
n..Q.O Q rn Mk , 196N , by Q2-YU'U S G 1 bsm
WITNESS my hand and official seal.
My Commission expires:
MyCommission Expires Februsr}3, 193*
Notary Public
Weld County Planning Department
Signage, Landscaping and Drainage
As of yet there are no signs and we would have to apply to install any signs.
Landscaping approved by site review SPR 209,please see attached letters and 2nd
supplement to Ridgewest Commercial Condominiums.
Please see attached letters and necessary maps approved by SPR 209, February 1994.
Maintenance of Lot- see attached letters from site review SPR 209 stating the association
will maintain the lot in appropriate requirements and keep all weeds under 6"of growth.
Weld County Planning Department
Storm Water Run Off
I am making no physical changes to the property it is currently paved and the drainage
areas have not or will not be changed by me. I bought the property in December of 2003
and I have no intentions of altering any drainage that was accepted and approved prior to
my closing on the property.
Weld County Planning Department
Off Street Parking Requirements
Please see attached:New parking lot detail
Weld County Planning Department
Loading
All loading services are currently in existence. The only change would be in front of the
unit that I have under review. I would be closing off the loading area to generate 2 more
parking places for the church. They would have adequate entrance and exit to the unit and
would not need a loading area.
Weld County Planning Department
Access
Access to this property already exists and I do not plan on changing or altering the
existing approved entrance and exit as constructed by the State of Colorado when they
widened and improved West 10th Street.
All drainage structures, lengths, depth of cover,widths of access, maximum grades, flare
radius, and depth of surfacing were all done by the State of Colorado Highway
Department during the widening and improvement of West 10th Street.
All acceleration and deceleration lanes were established by Colorado DOT during
improvement and provide a safe &efficient access.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Region 4
C DoT
1420 2nd Street
P.O.Box 850
Greeley,Colorado 80632-0850
(303)353-1232 Weld County, US 34 Business
Dennis Gibson, Site Plan Review
West of 59th Avenue, S . Side
West of Greeley
January 26 , 1994 0
Greg Thompson - Current Planner JAN 2 8 1994
Weld County Planning Services
Weld County Administrative Offices "kW CnnnriPlanning
1400 N. 17th Avenue
Greeley, CO 80631
Dear Greg,
I have reviewed the Dennis Gibson Site Plan Review and offer the
following comments .
This stretch of State Highway 34 is currently under review for
improvements by the State and perhaps in conjunction with the City of
Greeley. The final design of the future roadway has not been
determined. At this time, the proposed total ROW need is 150 feet
with an 88 foot width of highway surface. This would include two
lanes each direction, a continuous left turn lane, 10 foot shoulders,
curb and gutter, and acceleration and deceleration lanes in
appropriate locations. As the design has not yet been determined it
is difficult to anticipate how those improvements may impact this
development . The highway widening may be centered on the road in some
areas, and may be shifted to the north or the south in others . We
expect to have a decision on the final design in the next two or three
months . Meanwhile, my comments would be in regard to the detention
system and the proximity of the north-most building to the highway,
and how the future widening might impact those improvements .
ROW The Site Plan indicates an existing ROW south of centerline
to be 42 feet . The future ROW need cannot be determined until
the highway design has been settled. It is probable that some
additional ROW will be needed on the south side of centerline .
ACCESS The existing access width scales at 20 feet, and shows a 12
inch culvert . The narrative addresses future uses on the
property but does not address the impact of traffic to the
highway. It is impossible to evaluate access needs without that
traffic information. The access itself may not require
Mr. Greg Thompson
January 26, 1994
Page 2 of 3 Dennis Gibson Site Plan Review
evaluation if the increase of traffic does not warrant re-
evaluation in accordance with the State Highway Access Code.
There are four conditions which term an access to be under a
change of use and therefore warrant re-evaluation. They are:
1. The use of the access increases by more than 20%
2 . A particular directional movement increases by more
than 20% .
3 . A change of uses that causes queuing on the highway to
occur.
4 . The use of the access by vehicles exceeding 30 , 000 lbs .
GVW would increase by 20% or ten vehicle trips per day.
I cannot determine this by the information provided. If it is
determined that change of use has occurred, then re-evaluation of
the geometry of the access must be conducted. If it is found
that the access as it exists does not conform with the
requirements of the Code, improvements to the access will be
required and an access permit will be needed to complete the
work. The radii scale at approximately 20 feet . It is felt that
the existing radii and width of the access probably are not
adequate to serve the kinds of vehicles that use this site.
Again, I state that if the increase of traffic does not warrant
this to be a change of use then re-evaluation of access will not
be conducted and no improvement will be required. If
improvements to the access are needed, the culvert size of 12"
must be increased to a minimum of 18" . Culvert size is
determined based upon by a recommendation made by the State
Highway Maintenance Worker.
DRAINAGE The detention pond which is indicated is not addressed in
detail by the narrative. It is assumed that the detention volume
was calculated by the engineer who completed and stamped the
drawing. Should highway improvements occur, it is expected that
the detention area will be reduced in area. At such time as this
would occur, adjustment of the system would be necessary. I
assume that the County will be reviewing in detail the detention
system and the flow-line elevation of the outlet culvert. It is
important that the applicant recognize the importance of
maintaining the existing drainage to the state highway. The
highway drainage system is for the protection of the state
highway right-of-way and is not intended to accommodate drainage
from abutting properties beyond that which has historically been
accepted. Therefore, we ask that a close look be taken by the
County at the rate of flow which is predicated. The improvements
including additional buildings and parking will obviously
increase surface run-off.
Mr. Greg Thompson January 26, 1994
Page 3 of 3 Dennis Gibson Site Plan Review
PLANTINGS The Site Plan shows an open space landscape area, but does
not provide landscaping details . We allow landscaping within the
state highway right-of-way provided that it is maintained by the
adjacent private property owner, does not impair sight distance
at any highway access, does not present a safety hazard and would
not unreasonably conflict with future highway expansion. Trees
would not normally be permitted within the right-of-way since
they are be difficult to relocate and can cause safety hazards .
UTILITIES Should new utility lines or connections be required in the
state highway right-of-way a utility permit will be required.
Prior to such utility work, Mr. Henry Rangel of the Department
should be contacted at 350-2111.
My comments are based upon the submittal as received January 11,
1994 . It is important that the question of impact of traffic be
resolved in order that the question of access improvements can be
resolved as well. The traffic impact should address not only the
volume of vehicles, but the types of vehicles) as well .
Thank you for the opportunity to review the Dennis Gibson Site
Plan submittal . I believe that these comments duplicate the comments
I provided in our phone conversation this date. Please contact me at
350-2163 if you have any questions .
Sincerely,
Teres . Jones
Region Developme ccess Coordinator
TGJ:gi
xc : D. Yost
G. Sisson
file
Weld County Planning Department
Trash
Trash collection areas were approved during the previous site review SPR 209
Weld County Planning Department
Use is compatible with existing and future use
There is presently a church operating across West 10th Street to the North of this unit. It is
my understanding in this zoning district churches are approved as per my conversation
with Planner Sheri Lockman. Please see attached letter from Dennis Gibson under site
review SPR209 regarding noise, air quality, water quality, radiation,heat, glare and
property maintenance.
�• _ �, City of Greeley Statement of Account for
��..4Director of Finance
P.O.Box 1928 Municipal Service(s)
City of Greeley,CO 80632-1928
Greeley
THANK YOU FOR YOUR PROMPT PAYMENT.
Account Number 073-802619-01
}
RIDGE WEST CONDO ASSOCIATION
6268 W 10TH ST UNIT 1
GREELEY CO 80634
DUEBY 03/17/05 21 .18
Service 6250 10 ST
Location
.,.' u t, u .. `�" e, p •
�c ^a, + n U38gC„ ,.-. P ray,(*is C h a r g e�Shux .-x 2 '
fbrl4 '.'Q Data R ... dint , oosandsrP Kx .;. ,:-:. y.
93585436 02/25 500 01 /27 497 3 Payments 25.63—
Bel Fwd 0.00
METER 0.00
OUTRESWT 21 . 18
)
NO LAWN WATERING UNTIL APRIL 15TH . Current Charges 1 21 18 .
VISIT WWW.GREELEYGOV. COM/DROUGHT DUE BY
CREDIT CARD PYMTS CALL 350-9722/350-9723 03/17/05 21 . 18
QUESTIONS? CALL JOY 970-350-9260
DETACH AT PERFORATION AND RETURN BELOW PORTION WITH YOUR REMITTANCE
ri mEmoRAnDum JAN 2 J 199,
Willie •rA[aNan
Greg Thompson Planning
To Weld County Planning Date January 20, 1994
COLORADO
From Jeffrey L. Stoll, Director, Environmental Health 0>
Subject Case Number: SPR-209 Name: Gibson, Dennis
PT N2 NE4 Section 09, Township 05 North, Range 66 West
1. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit
application must be submitted to the Air Pollution Control Division,
Colorado Department of Health for emissions of criteria, hazardous or
odorous air pollutants. Sources of such emissions include but are not
limited to the following: sandblasting operations, spray paint booths,
and finishing and refinishing operations.
3. No permanent disposal of wastes shall be permitted at this site.
4. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
5. Fugitive dust shall be controlled on this site.
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) as measured according to 25-12-102, Colorado Revised Statutes.
7. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s) .
8. Adequate toilet facilities shall be provided for the public.
9. An individual sewage disposal system, is required for the proposed
facility and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
10. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations.
11. The existing septic system is required to be reviewed by a Colorado
Registered Professional Engineer and a copy of that review submitted to
this Division, before the required I.S.D.S. Evaluation can be performed.
12. All hazardous chemicals must be stored and handled in a safe manner.
Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof.
13. The Division requires that this facility utilize existing public water
supply.
14. Individual Sewage Disposal System permit must be finalized and approved by
an Environmental Protection Specialist within one (1) year of the
application date.
JLS/planning.js
f mEmORAnDUm
V `'pe To Greg Thompson
T Planning Date_Tan„nry 17, 99CE
COLORADO From a ^a �oll Fngineesing W�>`
Subjeet: Denp4 c Cibcon CPR - 909
I have reviewed the site plan review for the following items:
Item #1 - Storm-water Run-off
Item #2 - Off-street Parking
Item #3 - Existing Access
All these items are included and seem to be adequate for the site plan review.
My only comment would be does the state require additional right-of-way to the
south for expansion? If so, should this be identified on the set of plans and
also check for building set-backs.
cc: Commissioner Kirkmeyer
File SPR-209
mgreg12.pds
Dtc ITl
JAN I U 1994 III
Weld Co► bfPlanning
Weld County Planning Department
Site plan review map and plat
The site plan review map is the same as SPR 209 (2"d supplement Ridgewest Commercial
Condominiums dated 6/15/94 file#6143-46-0002) we are not changing that review map,
therefore we see no need to do a new site plan review plat.
.
� .v
THOMASJ. CANZONA 2245
ANNABELLE M. CANZONA 1ST BANK
1410 38TH AVE. GREELEY
GREELEY,CO 80634 GREELEY,CO 80633
82-639-1070 5/2/2005
0
DAY'I O THE '
DRDER OF WELD COUNTY TREASURER $"5,823.52 E ,
Five Thousand Eight Hundred Twenty-Three and 52/100 - 8
4
DOLLARS
•
a
VIEMO i
-
• II'0022►, 51P I: 10700639 21:8272 96iB'
y Treasurer Is not responsible for erroneous payments.II in rill...11. . ..
please check with your mortgage holder to determ ne who la to2004 TAXES DUE-IN 2005
the lax payment Fallura to do ao wind result in delayed pro-rg of your account above.
:entailed check Is RETURN THIS COUPON WITH FIRST HALF OR FULL PAYMENTS
Heal receipt end saves 1
i=roe 1 Full Payment or 1i 3 II,you muse return r -y �y • L *+
ppy and check her> I V • V
28104 . 34 A- ,
4urn this c-up•n with•:ym 5 ' 32.3 . 52 * ACCOUNT NUMBER
P'IIII VIII VIII VIII VIII VIII IIII VIII IIII GWELD REELEY, OCOUNTYTIIEASER ._..r R0041291
-04
O ADDRESS CORRECTION. Sec return envelope back flap. FIRST HALF DUE BY FEB 28,2005 ❑ 1,859.34
'PEATY .V CANZONA THOMAS J& MAY 0 2 2005
vER \ CANZONA ANNABELLE M
A, FULL AMOUNT DUE BY MAY 02,2005 ❑ 3,718.68
:ORD -��l .O U.1 141038 AVE
GREELEY,CO 80634 WELD\W �R
`Iv PAID BY ,
•
/Treasurer Is not responsible for erroneous payments.Ii in �_w__,.�_.__
please check with your mortgage holder to determine who la to 2004 TAXES DUE IN 2005 -
the tax payment.Failure to do so could result In delayed pro
-
g of your account. Contact Treasurer's Office Immediately if a number appears above.
ensiled check is RETURN THIS COUPON WITH FIRST HALF OR FULL PAYMENTS
eel receipt and saves < Full
r dollars.Tooblain a Payment or 1st Half Coupon 1
I,you must ralprn
,,,,,...h.„....�
Return this coupon with payment to: ACCOUNT NUMBER
Iliillllllll1111lllllIIIIIIIIIIIIIIIIIIIIIIIIIIII WELD GREELEY 0806 aREA A. . ;' R0232395
o ADDRESS CORRECTION. See return envelope back flap. FIRST HALF DUE BY FEB 28,2005 O 1,052.42
PEE •
to CANZONA THOMAS J& MAY 0 2 2005
+ER CANZONI t ANNABELLE M MOUNT DUE BY MAY 02,2005 El 2,104.84
ORD 40 v 1410 38 AV WELD COUNTY �JYt �k''
ii� U P
GREELEY,CO 80634
'•a e PAID BY
Weld County Planning Department
Mineral Rights/Ditches
We do not own any mineral, gas or oil rights on this property.
There are no ditches present on this site.
R....d.l 3S ysaes J JUN 1 71980
182771.1%74%0a. s•t1.41;;..
3 / yt
Shoe M CMa.•.. W.Y Caw.Ca.a 0 Ramada
•
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•
1
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
RIDGE WEST COMMERCIAL CONDOMINIUMS
A
CONDOMINIUM PROJECT
LOCATED IN
THE COUNTY OF WELD
AND STATE OF COLORADO
vIPI 906 18'27714 i
INDEX t ,
PARAGRAPH TITLL PACE
I Definitions [t.
1 ,
l• ,
(a) Condominium Unit 1 {.
(b) Owner
1 ..
(c) General Common Elements z ".
(d) Limited Common Elements 2
(e) Common Elements
2 V.
(f) Association 2 jr.
(g) Building 2
(h) Common Expenses 2
(1) Person
3
(3) Mortgage/Mortgagee 3
1b...' i
(k) CondominiumJ
3 4
(1) Project S
(m) Board of Managers/Board
3 r;:
(n) Managing Agent3 r1.
.'
(o) Bylaws 3 ,:r:..
(P) Articles
3 :;
(9) Guest
3
2 Map 3
3 Division of Property Into Condominium
Units 4
4 Right to Combine Units
4
S Limited Common Elements S
6 Inseparability of a Unit
S
1 Description of a Unit S
B No Partition S
9 Separate Taxation and Notice to Assessor 6
I0 Title
6
11 Certain Work Prohibited )
6 •
12 Liens Against Condominium Units--gaaoval
From Lien--Effect of Part Payment
7
13 Use and Occupancy of Condominium Unit I
0
e"
g '4 1827714
908 3.7-..?
PARAGRAPH TITLE PAGE
t
14 Use of General and Limited Common Elements B
15 Various Rights and Easements a i-
(a) Owner's Rights in Limited Common Elements g i•
(b) Association Rights g F
(c) Owner's Easement for Access, Support, and F, .
Utilities 8 r'
(d) Easements for Encroachments 9
(e) Easements in Condominium Units for Repair,
Maintenance, and Emergencies 9
(f) Easements Deemed Appurtenant 9 6
16 Compliance with Provisions of Declaration
Articles and Bylaws of Association 9
C
17 The Association 9
(a) General Purposes and Powers 9 P.
(b) Membership 10
(c) Board of Managers 10
1::
(d) Voting of Owners 10
(e) Bylaws and Articles 10
18 Certain Rights and Obligations of the
Association 10
(a) Association as Att.rney-in-pact for Owners 10
•
(b) General Common Elements 11
(c) Other Association Functions 11
(d) Labor and Services 11
(e) Property of Association 11
•
(f) Mortgagee Inspection 11
(B) Enforcement by Association 12
(h) Certificate 12
•
(i) Implied Rights 12
19 Assessment for Common Expenses 12
20 Assessment Reserves 13
21 Additions, Alterations and Improvements--
General and Limited Common Elements 13
22 Insurance 13
23 Lien for Non-Payment of Common Expenses 15
24 Owner's Obligations for Payment of Assessments 16
25 Liability for Carman Expenses Upon Transfer
of Unit is Joint
14
r
{r) 906 1827.71.1
J3Y
26 Mortgaging a Unit--Priority 17
27 Restrictive Covenants and Obligations 17
(a) No lirlp riling of Insurance 17
(b) No Violation of Law 17
(c) No Noxious, Offensive, Hazardous or Annoying
Activities 17
(d) No Unsightliness 18
(e) Restriction an Animals 18
(f) Restriction on Signs 18
(g) No Violation of Rules 18
(h) Owner Caused Damages 18
28 Association as Attorney-in-Fact--Damage
and Destruction 19
29 Condemnation 21
(a) Consequences of Condemnation 21
(b) Proceeds 21
(c) Complete Taking 21
(d) Partial Taking 22
(e) Reorganization 22
SO Miscellaneous
(a) Duration of naclaration 22
(b) Amendment and Termination 22
(c) Effect of Provisions of Declaration 23
(d) Protection of Encumbrancer 23
(o) Supplemental to Law 24
(f) Numbers and Genders • 24
(a) Registration by Owner of Mailing Address 24
(h) Successors and Assigns 24
(i) Severability 24
(J) Captions 24
(k) No Waiver 24
31 Employment of a Managing Agent 24
tt
1f ' 306 182771.1
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
RIDGE NEST COliMERCIAL CONDOMINIUMS
THIS DECLARATION, made and entered into by C G 8 C, a
Colorado co-partnership, hereinafter referred to as the "Declarant";
WHEREAS, Declarant is the owner of the real property situate
in the County of Weld, State of Colorado, which is described on
Exhibit "A" attached hereto and incorporated herein, hereinafter
referred to as the "Property"; and
WHEREAS, Declarant desires to establish a plan for the
ownership in fee simple of the condominium real property estates
consisting of comme cial storage units, as hereinafter defined, and
the co-ownership by the individual and separate owners thereof, as
tenants in common, of all the remaining property which is herein-
after defined and referred to as common elements.
WHEREAS, Declarant desires to establish this Condominium
Project under the Condominium Ownership Act of the State of Colorado
to-wit: Colo. Rev. Stat. Ann. 38-33-101, et. seq. (1973, as
amended);and
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, conditions, covenants, easements, re-
strictions, uses, reservations, limitations and obligations shall be
deemed to run with the land and shall be a burden and a benefit to
Declarant, its successors and assigns, and any person acquiring or
owning an interest in the real property and improvements thereon
which is subject to this Declaration, their grantees, successors,
heirs, executors, administrators, devisees, or assigns.
1. Definitions. As used in this Declaration, unless the
context otherwise requires, the terms hereinafter set forth shall
have the following meanings:
(a) "Condominium Unit" or "Unit" means an individual
air space which Ts contained in en enclose3—room or rooms occupying
all or part of a floor or floors in a Building, as hereinafter
defined. Each Condominium Unit is shown on the Map, as hereinafter
defined, and is identified thereon with a number. The exact
boundaries of a Condominium Unit are the interior unfinished sur-
faces of such walls, floors, and ceilings which mark the perimeter
boundaries thereof and where found along such walls, floors, and
ceilings, the interior surfaces of built-in windows and doors in
their closed position, and the Condominium Unit includes both the
portions of the building so described, the air space so encompassed
and together with all fixtures and improvements therein contained
but not any General Common Elements, as hereinafter defined, which
may be within a Condominium Unit.
(b) "Owner" means the Person or Persons, as hereinafter
defined, owning a Condominium Unit in fee simple together with an
undivided interest in fee simple in the General Common Elements in
the percentage specified and established in this Declaration.
including the Declarant so long as any Unit, as hereinafter defined,
remains unsold, expressly excluding any person, partnership, or
corporation who holds a Unit as security for the payment of a debt
or obligation.
�nF 182'77 L1
(c) "General Common Elements" means all of the Project,
1 as hereinafter de-fined,-except the portions thereof which constitute
Condominium Units, and also means all parts of a Building or any
fucilittcs, improvements, and fixtures which may be within a Condo-
minium Unit whim arc or may be necessary or convenient to the
support, existence., use, occupation, operation, maintenance, repair,
or safety of a Building or any part thereof or any other Condo-
minium Unit therein.
Without limiting the generality of the foregoing, the
following shall constitute General Common Elements:
(i) all of the land and easements which are part
of the Property and recreational facilities which may be
located on the Property;
(ii) all foundations, columns, girders, beams, and
supports of the Building;
(iii) the exterior walls of a Building, the main or
bearing walls and party walls within a Building, the main
or bearing subflooring and the roofs of a Building;
(iv) all entrances, exits, halls, corridors, side-
walks, lounges, storage space, stairs, stairways, and fire
escapes, if any, not within any Condominium Unit;
(v) all utility, service, and maintenance rooms,
space, fixtures, apparatus, installations, and central
facilities for: power, light, gas, telephone, television,
hot water, cold water, heating, refrigeration, air con-
ditioning (not including individual fan units located in
each unit), or similar utility service for maintenance
purposes, including furnaces, tanks, pumps, motors, fans,
compressors, vents, similar fixtures, exterior lawn sprinkler
systeos, apparatus, installations and facilities, if any,
which are for the benefit of all Owners;
(vi) all other parts of the Project necessary in
common use or convenient to its existence, maintenance, and
safety.(d)Common Elements which tar ed Common
eres eerved for t mtheuses those e
ofcertainOwners to
the exclusion of others.
(e) "Common Elements" means the General Common Elements
and the Limited Common Elements.
(1) "Association" means Ridge West Commercial Condominium
successors and Inc. , d its
o andassigns, the Articl oesaofIncorporatioo
n and�Bylaws of
which, as hereinafter defined, along with this Declaration, shall
govern the administration of the Project; the members of which
shall be all of the Owners of the Units in the Project.) ontainig
Units located ewithin lthe Yproperty adescribed ny niingcExhibitn A"oadominium
(h) "Common Expenses" means and includes:
(i) all sums lawfully assessed against the Owners
by the Association;
repair (ii) expenses of
of the1CommontElements,tasance,
herein-
after defined;
(iii) expenses declared Common £xpenses by
provisions of this Declaration and the Bylaws;
�.. ��(3f 182-771.1
33- p .
(iv) expenses agreed upon as Common Expenses by
a majority vote of the Owners , representing an aggregate
ownership interest of fifty-one percent (Sit) or more of
the Cencral Conmon Elements; and
t
(v) expenses for water and sewer facilities as
provided by unit use within each Building.
t
(i) "Person" means individual, corporation, partner-
ship, combination, association, trustee, or any other legal entity.
,
(j) "Mortgage" means and includes any mortgage, deed of
trust or other assignment or security instrument creating a lien on
any Unit, and "Mo rtj;alee" shall include any grantee, beneficiary,
or assignee of a 'ortgage-
(k) "Condominium" means the fee simple interest and
title in and to if Condominium Unit, together with the undivided `"
interest in the Common Elements appurtenant to such Condominium t
Unit and all other rights and burdens created by this Declaration.
(1) "Project" means all of the Property, Buildings, and
improvements submTtted to this Declaration. rrI .
m "Hoard of Managers" or "Board" means the r'
( ) g governing
body of the Association. 1.1
(n) "Managing A cant" means the Person or company employed
by the Board, if any, to perform the management and operational
functions of the Project. �'•
(o) "Bylaws" means the Bylaws of the Association. Y".1
(p) "Articles" means the Articles of Incorporation of , :!
the Association. l,
(q) "Guest" means any agent, employee, tenant, guest, N.
licensee or invitee-UT-an Owner. 1.
2. Map. There shall be filed for record in the County of ''
Weld, Colorado, a map, hereinafter referred to as the "Map", which
Map may be filed in whole or in part or in supplements as determinable, r �
'•
depicting thereon:
(a) the legal description of the surface of land de-
scribed on Exhibit "A" attached hereto; :-.
(b) the linear measurements and location, with reference
to the exterior boundaries of said land, of any Building and all
improvements built on said land;
(c) floor plans and elevation plans of any Building on
said land, showing the location, the designation and the linear •
dimensions of each Condominium Unit, and the designation of all of
the Limited Common Elements;
(d) the elevations of the unfinished interior surfaces
of the floors and ceilings as established from a datum plan, and
the linear measurements showing the thickness of the perimeter and
common walls of the Buildings.
The Map and any supplements) thereto, shall contain a statement of 1.
an architect, engineer, or registered land surveyor certifying that
the Map fully and accurately depicts the layout, measurements, and
location of all the improvements, the Condominium Unit designations, i
the dimensions of such Condominium Units, and the elevations of the
floors and ceilings. Declarant hereby reserves unto itself and the
Association, the right, from time to time, until the Declarant has i
conveyed all Units within the Project to third party purchasers, or
until December 31, 1985, whichever occurs first, without the consent •
•3- I
I
4
I
•
11327714
• 90f1
of any Utiner being required, to amend the Map and Supplement(s)
thereto, to conform the Map to the actual location of any of the
constructed improvements, to establish. vacate, and relocate outside
the R"ildings utility casements, access road casements , or parking
spaces.
3. Division of Property Into Condominium Units.
(a) The real property described in Exhibit "A" and the
Improvements thereon arc hereby divided into five (5) fee simple
estates as is set forth in the attached Exhibit "B", which by this
reference is made a part hereof. Each such estate shall consist of
the separately designated Condominium Unit and the undivided interest
in and to the General Common Elements appurtenant to each Condo-
minium Unit as set forth therein.
(b) Declarant ,xpressly reserves the right (without in
any way being bound) to enlarge this Condominium Project by con-
structing additional Condominium Buildings, and other Condominium
Units on real property within the exterior boundaries of the real
property described in Exhibit "C". Any such addition(s) to this
Condominium Project may be submitted by the Declarant, and such
submission(s) shall be expressed in and by a duly recorded supple-
ment(s) to this Declaration and by supplement(s) to the Map filed
for record, provided, however, that no addition to or enlargement
of this Condominium Project shall be permissible after ten (10)
years from the date that this Condominium is placed of record in
the Real Estate Records of the Clerk and Recorder of Weld County,
Colorado,
(c) If additional Condominium Buildings are submitted
by the Declarant, each supplement(s) to this Declaration shall
provide for the division into Condominium Units which is similar to
the division that is required in paragraphs (a) and (b) of this
Section. Each Building shall be identified by a symbol or desig-
nation dissimilar to any other Building in this Declaration and Map
or any supplement(s) thereto. The undivided interest in and to the
General Common Elements appurtenant to each such Condominium Unit
shall be a part of the General Common Elements of the Condominium
Units described and initially created by this Declaration and Map
or any supplemental Declaration and Map. Whenever any additional
property is brought into the Condominium Project, the interest of
each Owner of a Condominium Unit in the Common Elements in the
Project after such addition shall be an undivided fractional interest
therein, the numerator of such fraction being one (1) and the
denominator being the total number of the Condominium Units then
included in the Project, provided, however, that the interest of
each such Owner of a Condominium Unit shall not exceed a one-fifth
(1/S) interest nor be less than a one-twentieth (1/20) interest of
the General Common igkements of this Condominium Project.
(d) In all respects, any Owners of • Condominium Unit
which is brought into this Project by supplemental Declaration and
Map shall be subject to all provisions of this Condominium Decla-
ration, and any subsequent amendments thereto. All provisions
contained in this Declaration shall be applicable to any such
additional Condominium Units brought into the Project. Common
expenses of such additional Condominium Units shall be assessed,
insurance shall be provided, and decisions upon obsolesence or
destruction of a Condominium Building or the disbursement of any
proceeds as a result of condemnation shall each b' made in ac-
cordance with the provisions of this Declaration and no other
instrument.
4. Right to Combine Units. Declarant hereby reserves the
right to physically combine the area or space of one Unit with the
are, or space of one or more adjoining Units; provided, however,
that Declarant shall not exercise said right without the written
consent of any Mortgagee having ao interest in said Units. In the
event of any such physical combi:ing of Units to create a combined
Unit, such combined Unit shall also include the .ombining of fixtures
-4-
{
182771.1
ciP !JOG
And improvements and of the undivided interests in Comnon Elements
appurtenant to the Units so combined. Declarant reserves the right
to designate and convey to any purchaser of any such combined Unit,
as additional hiu,ited Common Elements appurtenant thereto, any
wall , floors, or other structural separations between the Units so
combined, ar any :-pace which would be occupied by such structural
separations hut for the combination of such Units; provided, however,
that such walls, fl•.ors, or other structural separations or such
space shall automatically become General Common Elements if the
combined Units become subject to separate ownership in the future.
This reserved right in Declarant shall terminate upon the sale of
all of the Units within the Project to third party purchasers or
December 31, 1985, whichever occurs first.
S. Limited Common Elements. Subject to the definition
thereof, the-Limit ' common Elements shall be identified on the
Map. Any Limited Common Elements on the Map shall, without further
reference thereto, be used in connection with such Condominium Unit
to the exclusion of the use thereof by the ocher Owners of the
General Common Elements, except by invitation.
r
6. Ins arability of a Unit. An Owner's undivided interest I
in the General Common Elements shall not be separated from the
Condominium Unit to which it is appurtenant and shall be deemed to
be conveyed or encumbered with the Condominium Unit even though the
interest is not expressly mentioned or described in a deed or other
instrument.
7. Description of a Unit.
(a) Every contract for the sale of a Unit written prior
to the filing for record of the Map and this Declaration may legally
describe a Unit by its identifying Unit number designation followed
by the words Ridge West Commercial Condominiums, with further
reference to the Map thereof to be filed for record and the Decla- 4
ration to be recorded. Upon recordation of the Hap and the Decla-
ration in the records of the Clerk and Recorder of Weld County,
Colorado, such description shall be conclusively presumed to relate
to the therein described Units.
(b) Every deed, lease, mortgage, will, or other instrument I
shall legally describe a Unit by its identifying Unit number followed
by the words Ridge West Commercial Condominiums, according to the
Map thereof filed for record in accordance with and subject to the
Declaration of Covenants, Conditions, and Restrictions of Ridge West
Commercial Condominiums, recorded in Book , under Reception
No. , County of Weld, Colorado Records". Every such
description sTiall be good and sufficient for all purposes to sell,
convey, transfer, encumber, or otherwise affect not only the Condo-
minium Unit, but also, the General Common Elements and the right to
the use of the Limited Common Elements appurtenant thereto. Each
such description shall be construed to include: a non-exclusive I
easement for ingress and egress throughout and for use of the
General Common Elements which are not Limited Common Elements; the
right to appropriate exclusive use of the Limited Common Elements;
and the other easements, obligations, limitations, rights, encum-
brances, covenants, conditions, and restrictions created in this
Declaration.
(c) The reference to the Map and Declaration in any
instrument shall be deemed to include any supplement(s) or amend-
ment(s) to the Map or Declaration, without specific reference(s) !
thereto. J
L. No Partition. The General Common Elements shall remain
undivided, and no Owner or any other Person shall bring any action
for partition or division of the General Common Elements. Similarly,
no action shall be brought for partition of a Condominium Unit I
between or among the Owners thereof. Each Owner hereby expressly f waives any and all such rights of' partition he nay have by virtue I
of his ownership of a Unit.
I i
-S- I r
, I
''`3()C' 152771.1
:13- 10
9. Separate Taxation and Notice to Assessor. Each Unit
shall be deemed TO-1)-,re a parcel a—nos Tii be subject to separate
assessment and taxation by each assessing unit and special district
for all types of taxes authorized by law, including ad valorem
levies and special assessments. Neither the Building, the Property, - :
nor any use of the Co;,'mon Clements shall be deemed to be one parcel. !•
lho lien for taxes asirssed to any Unit shall be confined to that
Unit. No forfeiture el sate of any Unit for delinquent taxes, •
assessments or other governmental charges shall divest or in any
way affect the title to any other Unit. The Declarant shall have
the obligation to notify the Weld County Tax Assessor that each E.
Unit shall be separately assessed and taxed.
10. Title. A Unit may be held and owned by more than one
Person as joi F enants or tenants in common, or in any real
property tenancy relationship recognised under the laws of the
State of Colorado.
11. Certain Work Prohibited.
(a) No Owner shall undertake any work in his Condominium
Unit which would jeopardize the soundness or safety of the Project,
reduce the value thereof, or impair any easement or hereditament
thereon or thereto. Structural alterations shall not be made by an
Owner to the Building or its water, gas, etectri.. conduits, plumbing •
or other fixtures connected therewith, nor shall any Owner remove ►M
any additions, party walls, improvements, or fixtures from the
Building without the prior written consent of the Board of Managers
• first having been obtained. All contractors or subcontractors
performing work for the Unit Owners must first be approved by the
Board of Managers . ;7$
(b) it shall be the responsibility of the Board of r'
Managers to maintain, repair, or replace:
(1) all portions of the Unit which contribute to
the support of the Building, including main bearing walls,
but excluding painting, or other work on the interior
surfaces of walls, ceilings, and floors within the Unit;
(Ii) all portions of the Unit which constitute a
part of the exterior of the Building, expressly excluding
any entrance door;
(iii) all Common Elements within the Unit;
(iv) all incidental damage caused by work done by
direction of the Board of Managers;
(v any the
furnishing)ofn any ematerials nto ace f Unit,lunder abor othe r ndirection
of the Board of Managers, no lien shall be established or
give rise to the basis for filing a Mechanic's Lien against
the Unit Owner, except such work performed for emergency
repair. Nothing herein contained shall prevent such Mechanic's
Lien being filed against a Unit Owner who expressly consents
and requests in writing that the work be done.
(c) It shall be the responsibility of the Unit Owner:
(i) to maintain, repair, or replace, at his own
expense, all portions of the Unit which may cause injury or
damage to the other Units or to the Common Elements, except •
the portions thereof mentioned and described in subsection (b)
above;
(ii) to maintain, repair, or replace any exterior
door to the Unit;
-6-
18Z•771.,1
J3 //
(iii) to paint and maintain the interior surfaces
of all walls, ceilings, and floors within the Unit;
(iv) to perform his responsibilities in such a
manner, a,•d at such reasonable hour so as not to unreason-
ably disturb other Unit Owners in the Building;
(v) to refrain from repairing, altering, replacing,
painting, or otherwise changing the appearance of the
Common Clements without first obtaining the consent, in
writing, of the Board of managers, and to refrain from
repairing, altering, replacing, painting, or changing the [
exterior of the Unit or any exterior appendages whether
exclusively used by the Unit Owner or otherwise without
obtaining the BoarJ of Managers' consent in writing;
(vi) to promptly report to the Board of Managers,
or their Agent, all work that he intends to perform or
repair of any kind, the responsibility for the remedying of
which lies with the Board of Managers. Any consent by the
Board of Managers to the performance by the Unit Owner
shall not constitute an assumption by the Board of Managers
to pay therefor. Also, the failure of the Board of Managers
to take action on the notice shall not be deemed a waiver
by it of its right and shall not constitute a consent by
[.
the Board of any assumption by it to pay for any work
performed by the Unit Owner. Any consent given by the
k.
Board of Managers may set forth the terms of such consent,
and the Unit Owner shall not be required to abide thereby.
(d) Nothing in this Section contained shall be construed r•
so as to impose a personal liability upon any of the Members of the
Board of Managers for the maintenance, repair, or replacement of
any Unit or Common Element or cause of action against
them. The Board of Managers, asysuch, shall not be liable for
t,
damages of any kind except for willful misconduct or bad faith.
12. Liens Against Condominium Units- -Removal From
Lien--Effect of Part Payment.
(a) Subsequent to the completion of any alterations,
modifications, or additions to the improvements described on the r
Map, if any, no lien shall arise or be effective against the Project.
After such completion, liens or encumbrances shall only arise or be created against such Condominium Unit and the percentage of undivided
interest in the General Common Elements appurtenant the
Unit, in the same manner and under the sameconditions as liens oand
i�encumbrances may arise or be created upon any other parcel of real
property subject to individual ownership;
Owner having work done shall post on the pr provided,
emisesa however,
ndkeep posted ti
until completion of the work and deliver to the contractor therefor
prior to commencement of the work, notice that the subject Unit and
the Project shall not be subject to any lien, and no labor performed
or materials furnished, with the consent ar at the request of an
Owner or his agent shall be the basis for the filing of a lien
pursuant to law, against the Unit or other property of another
Owner not expressly consenting to or requesting the same, except
that express consent shall be 'deemed to be given by the Owner of
any Unit to the Association, the Managing Agent, or the Board in
the case of emergency repairs. Labor performed or materials furnished
for the General Common Elements, if duly authorized by the Association,
the Managing Agent, or the Board of Managers in accordance with the
Declaration or Bylaws, shall be deemed to be performed or furnished
with the express consent of each Owners
(b) In the event a lien is effected against two or sore - ,
Units, the Owner of each of the separate Units may remove their
Condaeinlum Unit and the percentage of undivided interest in the
General Common Elements appurtenant'to said Condominium Unit from
the lien by payment of the fractional or proportional amount attrib-
utable to each of the Units affected. Individual rayment shall be-7-
i1
J' !jr)F► 1b L'771.1
31ix
cu,e,q.uted by reference to the percentages appearing in this Decla-
ration. Sub,equent to payment, discharge or other satisfaction,
the Unit ,hall be released from the lien paid, satisfied, or
discharged.
fcl t.a:h Owner shall indemnify and hold each of the •
oth,.r C'.ners h.armic s from and against liability or loss arising
from the claim of any lien against the Unit of the Owner, or any
part thereof, for labor performed or for materials furnished in the
course of uo.rl poi-forsrd on such Owner's Unit. At the written
reque,t of any Owner, the .association shall enforce such indemnity
by collecting from the C'ner of the Unit or, rhich the labor a.as
perforred ar.d c.aterials furnished, the ano;;nt necessary to discharge
any such lien and all costs incidental thereto, including reasonable
attorney's fees. if not promptly paid, the Association may proceed
to collect the same in the manner provided herein for collection of
assessments for the purpose of discharging the lien. Notwith-
standing the foregoing, any Mortgagee of a Condominium Unit who !
shall become the Owner of such Condominium Unit pursuant to a
lawful foreclosure sale or the taking of a deed in lieu of foreclosure
shall not be under any obligation to indemnify and hold harmless
any other Owner against liability for claims arising prior to the
date such Mortgagee became an Owner.
13. Use and Occupancy of Condominium Unit. Each Owner
shall be entitled to t1e exclusive ownership and possession of his
Condominium Unit. Except as described hereinafter, each Condominium
Unit shall be used for commercial storage purposes only, and no
Condominium Unit shall be occupied for living or sleeping purposes. M,
No Condominium Unit shall be used at any time for any business or
commercial activity which is expressly prohibited by blanket hazard
insurance policies carried by the Association on the Project.
•
14. Use of General and Limited Common Elements. Each Owner ''
may use the appurtenant General and Limited Common Elements in '`•
accordance with the purpose for which they are intended, without f..
hindering or encroaching upon the lawful rights of the other Owners. tit
The Board of Directors may adopt rules and regulations governing
the use of General and Limited Common Elements, but such rules and at'.
regulations shall be uniform and non-discriminatory. Each Owner,
by the acceptance of his deed or other instrument of conveyance or
assignment agrees to be bound by any such adopted rules and regulations.
15. Various Rights and Easements.
(a) Owner's Rights in Limited Common Elements. Subject
to the other provisions of this Declaration, each Owner, his family
and such Owner's Guests shall have an exclusive right to use and
enjoy the Limited Common Elements designated herein or in the Map r
as appurtenant to the Unit owned by such Owner.
(b) Association Rights. The Association, the Board and
the Managing Agent-shall have a non-exclusive right and easement to 4"
make such use of and to enter into or upon the General Common
Elements, the Limited Common Elements, and the Condominium Units
as may be necessary or appropriate for the performance of the
duties and functions which they are obligated or permitted to
perform under this Declaration.
(c) Owner's Easement for Access, Support, and
Utilities. Owner shall have a non-exclusive easement for access
between his Condominium Unit and roads and streets adjacent to the
Project and the roads and streets in the Project, over the halls,
corridors, stairs, elevators, walks, and exterior access and other
easements which are part of the General Common Elements. Each
Owner shall have • non-exclusive easement in and over the General
Common Elements, including the General Common Elements within the _
Condominium Unit of another Owner, for horizontal and lateral
support of the Condominium, and for utility service to that Condo-
minium Unit, including water, sewer, gas, electricity, and telephone.
fi
-8-
}J '- ` 0G 1827'711
. �1 /:$
(d) F.I,,•ments for Eecroachments. If any part of the
I;enerai Common rlcunent+ c7 roaches orslvalI hereafter encroach upon
u Coedeminiern Unit, an casement for such encroachment and for the
maintenance of the same shall and does exist. it any part of a
Coudor,inium Iliit encroaches or shall hereafter encroach upon the
gene -;ti Cornmeal !dements, or upon another Condominium Unit, the
Owner of that Condors.'riu,e Unit shall and does have an easement for
such encroachment anu the maintenance of same. Such encroachment
shall not he considered to be encumbrances either on the General
Common Elements or on a Condominium Unit. Encroachments referred
to herein include, but are not limited to, encroachments caused by I�
error in the original construction of the Building, by error in the
Nap, by settling, rising, or shifting of the earth, or by changes
In position caused by repair or reconstruction of the Project or i
any part thereof.
(e) Easements in Condominium Units for Repair,
Maintenance and Zmergcn >,e cs. Some of the General Common Elements
arc or luny bTe locates within a Condominium Unit or may be con-
veniently accessible only through a particular Condominium Unit. .
The Association, Managing Agent, and each Owner shall have an
easement, which may be exercised for any Owner by the Association
. or the Managing Agent, as his agent, for access through each Condo-
minium Unit and to all Common Elements, from time to time, during _
such reasonable hours as may be necessary for tl,e maintenance, 1
repair or replacement of any of the Common Elements located therein I
br accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the Common Elements or to another
Condominium Unit. Damage to the interior or any part of a Condo-
minium Unit resulting from the maintenance, repair. emergency
`repair, or replacement of any of the Common Elements, or as a i„.
result of emergency repairs within another Condominium Unit, at the
instance of the Association, shall be a Common Expense of all of ��' ,
the Owners. No diminution or abatement of Common Expense Assessments �•shall be claimed or allowed for inconveniences or discomfort arising
:
from the making or repairs or improvements or from action taken to
comply with any law, ordinance, or order of any governmental authority. ,...,
Restoration of the damaged improvements shall be substantially the
same as the condition in which they existed prior to any damage.
Notwithstanding the foregoing, if any such damage is the result of leis
the carelessness or negligence of any Owner, then such Owner shall
t'''
be solely responsible for the costs and expenses of repairing such
• damage. ;
a;
(f) Easements Deemed Appurtenant. The easements, uses,and rights herein created for an Owner shall be appurtenant to the
Unit of that Owner and all conveyance of and other instruments affecting title to a Unit shall be deemed to grant and reserve the
1'easements, uses and rights as are provided for herein, even though ,
no specific reference to such easements, uses and rights appear in
any such conveyance.
Ife-
16. Compliance with Provisions of Declaration Articles F'•
and Bylaws of the As`sociition. Each Owner shall comply strictly t'. •
with all of the provisions of this Declaration and the Articles of
Incorporation and Bylaws of the Association, and the decisions, f rules nd pursuantetheretor,sasathersameumaynbeof the lawfullysamendednfromptime to
'
time. Failure to comply with any of the same shall be grounds for
an action to recover sums due and for damages or injunctive relief
or both, along with costs of suit and reasonable attorney's fees,
maintainable by the Managing Agent or Board of Managers in the name
of the Association on behalf of the Owners, or, in a proper case, _
by an aggrieved Owner.
17. The Association.
i.
(a) General Purposes and Powers. The Association P.
through the Board' or a tanaging Agent•shell perform functions and
hold and manage property es provided in this Declaration so as to
further the interests of Owners of Units in the Project. It shall
have all power necessary or desirable to effectuate such purposes.
.4-
r)t)G 182771.1
33 /y
(b) Membership. The Owner of a Unit shall automatically
become a memher a'f the Association. Said membership is appurtenant
to the Unit of said Owner and title to the ownership of the member-
shi1, for that Unit shall automatically pass with fee simple title
to the Unit. lac:, Owner of a Unit shall automatically be entitled
to the benefit% on.; subject to the burdens relating to the regular
membership for his Unit. If the fee simple title to a Unit is held
by more than one Person, then the membership and vote appurtenant
CO such Unit shall not be severable, and the vote shall be voted as
all of the co-tenants agree. Memberships in the Association shall
be limited to the Owners of nge Units affairs
in the project.
of the
shall be manage Board n
d by a Board of Managers which may byresolutionion
delegate any portion of its authority to an Executive Committee or
to a Manager or Managing Agent for the Association. There shall
not be less than three (3) nor more than five (5) Members of the
Board of Managers, the specific number to be set forth from time to
time in the Bylaws, all of whom shall be Owners elected by Owners.
Regardless of the number of Members of the Board of Managers, the
terms of such Board shall expire annually. Notwithstanding anything
to the contrary provided for herein, until the Developer has sold
eighty percent (801) of the Units initially submitted or submitted
by expansion or December 31, 1935, whichever event occurs first,
the Members of the Board of Managers of the Association shall be
elected by the Developer, its successors or assigns, unless such
right is relinquished at an earlier date.
(
one (I) vote fo Voting
Owners.
itowned bylSaidach OOwner.wner If title ll be ttol any
[o
Unit shall be held by two or more co-tenants, then the membership
and vote appurtenant to such Unit shall not be severable, and the
vote shall be voted as all of the co-tenants agree.
(e) Bylaws and Articles. The purposes and powers of the Association and the rights and obligations with respect to
Owners set forth in this Declaration may and shall be amplified by
provisions of the Articles and Bylaws of the Association.
1B. Certain Rights and Obligations of the Association.
(a) Association as Attorney-in-Fact for Owners. The Association is hereby irrevocably appointed attorney-in-fact for
the Owners, and each of them, to manage, control, and deal with the
interest of such Owner in the General Common Elements so as to
permit the Association to fulfill all of its duties and obligations ).
hereunder and to exercise all of its rights hereunder, to deal with
the Project upon its destruction or obsolescence as hereinafter provided and to grant utility easements through any portion of the tp
General Common Eleme,Rs. The acceptance by any person of any interest in any Unit shall constitute an appointment of the Associ-
ation as attorney-in-fact as provided above and hereinafter. The
Association shall be granted all of the powers necessary to govern,
manage, maintain, repair, administer and regulate the project and f,
to perform all of the duties required of it. Notwithstanding the
above, unless First Mortgagees of Units having at least a one
hundred percent (10O1) interest in the General Common Elements and
Owners of at least one hundred percent (1001) of the Units have
given their prior written approval, Cie Association shall not be
empowered or entitled to:
(i) by act or omission, seek to abandon or terminate the Condominium Project;
(it) partition or subdivide any Condominium
Apartment;
(lii) by act or omission seek to abandon, partition,subdivide, encumber, sell, or transfer any of the General
or Limited Common Elements;
-10-
(ivl use hu:ard insurance proceeds for loss to the
improvements for other than repair, replacement, or recon-
structIon of such improvements; or
(vj i.r act or omission seek to alter the pro rata
share of ownership of each Condominium Unit in the Common
Elements eacet to the extent permitted by the provisions •
of Section S of this Declaration.
(b) General Common Clements. The Association shall
provide for the care, operation, management, maintenance, repair,
and replacement of the General Common Elements. Without limiting (•
the eencrality of the foregoing, said obligations shall include the
keeping of such General Common Elements in good, clean, attractive,
and sanitary condition, order, and repair; removing snow and any t•
other materials from such General Common Elements which might
impair access to the Project or the Condominium Units; keeping the
Project safe, attractive, and desirable; and making necessary or
desirable alterations, additions, betterments, or improvements to
or on the General Common Elements; and the monthly proration by
Unit within each Building of the charges received by the Association
through Common Building Meters for domestic water and sewer service ..
as provided by appropriate private and public utility companies. '
j'-
(c) Other Association Functions. Tae Association may
undertake any activity. (unction, or service for the benefit of or
to further the interests of all, some or any Owners of Units on a `'..
self-supporting, special assessment, or common assessment basis.
Such activities, functions, or services may include garbage and
trash collection services. Fy(d) Labor and pay for the services and
icesofc t h Association i
aManagingAgenttomanageI may i
its affairs,
or any part thereof, to the extent it deems advisable as well as
such other personnel as the Association shall determine to be
necessary or desirable for the proper operation of the Project, .
whether such personnel are furnished or employed directly by the i,:.
Association or by any person with whom or which it contracts;
— ,
(ii) may obtain and pay for legal and accounting services necessary
or desirable in connection with the operation of the Project or the C •enforcement of this Declaration; and (iii) may arrange with others
to furnish lighting, heating, water, trash collection, sewer service, k• :
and other common services.
(e) Property of Association. The Association may pay for, acquire and hold real and tangible and intangible personal
property and may dispose of the same by sale or otherwise. Subject
to 1 each e rules and Owner's regulations of theAssociation,
Owner's family andGuestsmayusesuch Owner
property. Upon termi-
nation of Condominium Ownership of the Project and dissolution of }'the Association, if ever, the beneficial interest in any such
property shall he deemed to be owned by the then Owners as tenants Ci.
in common in the same proportion as their respective interest in
k.
the General Common Elements. A transfer of a Unit shall transfer
to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each Owner may use t1_:•
such property in accordance with the purposes for which it is k":intended, without hindering or encroaching upon the lawful rights 7Y,
of the e-
f iticlosureoshall entitle the purchaserther Owners. The transferotottheebeneficial interestto a Unit uner rin ,..•.
such property associated with the foreclosed Unit.rtgagto each FirstfMortgageeeofe lasCondominium Unit pection. The sthe a tion shalt
righttoexamine
)(2
the books and records of the Association at any reasonable time.
Further, the Association shall notify each First Mortgagee of any
Condominium Unit of any proposed amendment of the Association's
Articles of incorporation or Bylaws or any change in the Association's
Managing Agent at least ten (10j days prior to the effective date of such amendment or change.
-11. ,
•
.• ....v 1 t1 771.1
fgj i;nforcen,cnt by ,Association. The Association may
;u,pcnd any Oi.ncr's voting rtg,its in the Association or the right
of an Owner to u•.c the General Common Llemcnts during any period or
periods during; which ,such Owner fails to comply with the Association's
Kul.: and Itegulatjun,, or with any other obligations of such Owner
under this Uoclara-ion. The Association may also take judicial
action against any Owner to -enforce compliance with such Rules and
Regulations or other obligations or to obtain damages for non-
compliance, all to the extent permitted by law, •
(hj Certificate. The Board of Managers shall, from
time to time, recur a certificate of identity and the mailing
addresses of the ;persons then comprising the Board of Managers,
together with the identity and address of the Managing Agent, if
any there be. Such certificate shall be conclusive evidence
thereof in favor of any person relying thereon in good faith regard-
less of the time elapsed since the date thereof. •
(i) Implied Rights. The Association shall have and may '
exercise any right or privilege given to it expressly by this t.
Declaration, or reasonably to be implied from the provisions of
this Declaration, or given or implied by law, or which may be f,
necessary or desirable to fulfill its duties, obligations, rights
a.
or privileges.
19, Assessment for Common Expenses. All Owners, EXCEPT
DECLARANT, shall'sc obligated to pay both-actual Common Expenses
and estimated sssess:.onts imposed by the Board of Managers of the
Association to meet the Common Expenses. The assessments shall be
made pro rata according to each Owner'; percentage of interest in
each Building within the Project. Declarant shall have no obligation t
to pay the estimated Common Expense assessment on Units owned by k
the Declarant imposed by the Board to meet the Common Expenses, but r Declarant agrees to pay to the Association a sum equal to the
difference between the monthly cost of operating and maintaining I`the Common Elements, exclusive of reserves, and the a.aount •of funds ' •
payable by the other Owners of the Association. This obligation of les r'Declarant to subsidize the operations of the Association shall
P
terminate when Declarant relinquishes its right to elect the Associ-
at ion's Board or December 31, 1985, whichever event occurs first.
Subsequent to the occurrence of either of the aforesaid events, the
Declarant shall not be obligated for any additional amounts to i,'
subsidize the operations of the Association irrespective of the
fact that the Declarant may continue to have an Ownership interest r,';`
within individual Units. Except as hereinbefore provided, the ?.'
Limited Common Elements shall be maintained as General Common
Elements and Owners having exclusive use thereof shall not be r•
subject to any special charges or assessments. Assessments for the �-
estimated Common Expenses, including insurance, shall be due monthly,
in advance, on the first day of each month. The Managing Agent or 7.Board of Managers shall prepare and deliver or mall to each Owner
an itemized annual statement showing the various estimated or
actual expenses for which the assessments are made. Contributions for monthly assessments shall be prorated if the ownership of a
Unit commences on a day other than the first day of the month. The .-!.
assessments made for Common Expenses shall be based upon the cash i ..•
requirements deemed to be such aggregate sum as the Managing Agent
or Board of Managers shall from time to time determine is to be
paid to provide for the payment of all estimated expenses growing ��.
out of or connected with the maintenance and operation of the
General Common Elements, which sum may include, among other things;
expenses of management; taxes and special assessments, until sepa-
•
rately assessed; premiums for insurance of the types and kinds
provided for in paragraph 22 hereafter; landscaping and care of
grounds; common lighting; heating; repairs and renovations; trash ii
collections; wages; water and sewer charges; legal and accounting
fees; management foes; capital expenditures made by the Board not ff
exceeding Five Thousand Dollars {]5,000.00 '
amount is approved rs ) per year (unless greater
he
General CoonElements)r;e expenses owningandm liabilities ajority eincurred rest in tby the
-12- i
g
• 'JOG
S3 /7
Managing Agent ur board of Managers under or by reason of this
Uc,.lar•atiun; deficits remaining from any previous period; and other
cost•: and expcn.c relating to the Ceneral Common Elements. Further,
it ,hall he mandatory for the Managing Agent or Board to establish,
out of ,.uch month) assessments, a contingency reserve fund for the
repair, replacement and maintenance of those General Common Elements
that must is replac. 1 periodically. The omission or failure of the
Managing Aticnt or th hoard of Managers to fix the assessment for
any month .hall not be deemed a waiver, modification or a release
of the Owners from their obligation to pay. Any Owner or Mortgagee
may, pursuant to Colo. Rev. Stat. .inn. 3B•33-107 (1973, as amended)
inspect the Association's records (7,1"—receipt and expenditures at
convenient weekday business hours, and upon ten (10) days' notice
to the Board of Managers or Managing Agent, if any, and upon payment
of a reasonable fee, not to exceed twenty dollars ($20.00) , any
Owner or First Mortgagee shall be furnished a statement of his
account setting forth the amount of any unpaid assessments or other
charges due and owing from such Owner. At the end of any calendar f'
year, the Board of Managers or the Managing Agent may, but shall
not be required to, refund to each Owner his proportionate share of
funds then held by the Association which are not deemed to be
necessary to meet the Common Expenses. ! '
20. Assessment Reserves. The Association may require an
Owner, OTHER-TITAN OLCLARANT, to deposit with the Association up to
an amount equal to three (3) times the amount of the estimated
monthly Common Assessment, which sum shall be held, without interest,
by the Association of Managing Agent as a reserve to be used for
paying such Owner's monthly Common Assessment, and for working
capital. Such an advance payment shall not relieve an Owner fro■ (.
making the regular monthly payment of the monthly Common Assessment
as the same comes due. Upon the transfer of his Unit, an Owner
shall be entitled to a credit from his assignee or sublessee for
any unused portion thereof.
21. Additions, Alterations and Improvements--General and
Limited Common Elements. 'there shall be no capital additions,
alterations, or improvements, of or to the General or Limited v:
Common Elements by the Association requiring expenditure(s) in (7,
excess of Five Thousand Dollars ($3,000.00) in any one calendar
year without prior approval by the Owners representing a majority
interest in the General Common Elements, except in the event of an ,
:mergency; the limitations set forth above shall not apply to any
expenditures made by the Association for maintenance and repair of
the Common Elements as set forth in paragraph 11 hereof, or for
repair in the event of damage, destruction or condemnation as
provided in paragraphs 28 and 29 hereof.
22. Insurance.
(a) The Board of Managers or the Managing Agent shall
obtain and maintain at all times, to the extent obtainable, policies
involving standard premium rates, established by the Colorado
Insurance Commissioner, and written with companies licensed to do
business in Colorado covering the risks set forth below. The Board
of Managers or Managing Agent shall not obtain any policy where: •
(1) under the terms of the insurance company's charter, bylaws, or
policy, contributions or assessments may be made against the mortgagor
or mortgagee's designee, or (2) by the terms of carrier's charter,
bylaws, or policy, loss payments are contingent upon action by the
company's Board of Managers, policyholders, or members; or (3) the
policy includes any limiting clauses (other than insurance con-
ditions) which could prevent mortgagees or the mortgagor from
collecting insurance proceeds. The types of coverages to be obtained
and risks to he covered are as follows:
(i) Fire insurance with extended coverage and all -
risk endorsements, which endorsements shall include endorse-
ments for vandalism, malicious mischief, boiler explosion
and machinery with a minidum endorsed amount of Fifty
Thousand Dollars ($30,000.00) per accident per location.
-13-
9f If;
1827714
3s-i/
said casualty insurance shall insure the entire Project and
any property, the nature of which is a Common Element
(including all of the Condominium Units, fixtures therein
initially in,talfed or conveyed by the Declarant BUT NOT
I':Ct.U111sG i.'fsoNAI, PROPERTY. I'IX'FURLS, EQUIPMENT, AND
SW')'Lll:s 1NS1ALLI: ) 011 PLACED 1N A UNIT BY A (UNIT OWNER,
together with all service equipment contained therein in an
amount equal to the full replacement value, without deduction
fur depreciation. All policies shall contain a standard '
non•contributery mortgage clause in favor of each Mortgagee
of a Unit, which shall provide that the loss, if any, •
thereunder, shall be payable to Ridge West Commercial
Condominiums Association, Inc. for the use and benefit of L-
Mortgagees as their interest may appear.
(ii) Public liability and property damage insurance
in such limits as the Board or Managing Agent may from time '
to time determine, but not in an amount less than five i . _
Hundred Thousand Dollars ($500,000.00) per injury, per
person, per occurrence and umbrella liability limits of ;.
Five Hundred Thousand Dollars ($500,000.00) per occurrence,
covering all claims for bodily injury or property damage.
Coverage shall include, without limitation, liability for if';
personal injuries, operation of automobiles on behalf of
the Association, and activities in connection with the
ownership, operation, maintenance, and other use of the
Project. Said rolicy shall also contain a "severability of I.:
interest endorsement". P
(iii) Workmen's Compensation and employer's liability = .,
insurance and all other similar insurance with respect to 'rat •
employees of the Association in the amounts and in the ►
► +
forms now or hereafter required by law. C1 •.
(b) The Board of Managers shall obtain a matter policy i ..
or policies of insurance which shall provide that the loss there- i'
under shall be paid to the Board of Managers as inusurance trustees E;'`under this Declaration. Under the said master policy or policies, '"••
certificates of insurance shall be issued which indicate on their
face that they are a part of such master policies of insurance
covering each and every Unit on the Condominium and its Common - • `
Elements. A certificate of insurance with proper mortgagee endorse-
covering
shall be issued to the Owner of each Unit and the original �'
thereof shall be delivered to the Mortgagee, if there be one, or �•
retained by the Unit Owner if there is no Mortgagee. The certificate
of insurance shall show the relative amount of insurance covering
the Unit and the interest in the Common Elements of the Condominium
Property and shall provide that improvements to a Unit or Units `±
which may be made by the Unit Owner or Owners shall not effect the
valuation for the purposes of this insurance of the Building and L�L',other Improvements upon the land. Such master insurance policies and certificates shall contain provisions that the insuror waives
its right to subrogation as to any claim against the Board of .
Managers, its agents, and employees, the Unit Owners, their respec-
tive employees, agents, and guests, and of any defense based on the
invalidity arising from the acts of the insured, and
rovidin
further that the insuror shall not be entitled to contribution '
against casualty insurance which may be
Unit Owners as hereinaftelr permitted. Th r by individual
eoriginalmasterpolicy
of insurance shall be deposited with the Soard of Managers as
insurance trustee, and a memorandum thereof shall be deposited with Fl, -
any First Mortgagee who may require the same. The Board of Managers
must acknowledge that the insurance policies and any proceeds
thereof will be held in accordance with the terms of this Decla- `
ration. The Board of Managers shall pay for the benefit of the r,
Unit Owners and each Unit Mortgagee, the premiums for the insurance-
hereinafter required to be carried at least thirty (30) days prior
to the expiration date of any such policy and will notify each Unit Mortgagee of such payment within ten (ro) days after the making
thereof,
-1i- '
t
r
182771.4
906
1` /7
(c) Prior to obtaining any policy of fire insurance or
renews] thereof, the Board ur Managing Agent shall obtain an
estimate of value from a duly qualified real estate or insurance
agent, which agent .hall reasonably estimate the full replacement
value of the entire Project, without deduction fur depreciation.
for the ;.urpu-c of .etersinirii: the ai ount of insurance to be
elfectt-d ;-ar.•aar: tr. ;r:,vtsz.r.s cf this ins.a-a..ce para}ra;h.
no e.r..t s.'.a. - 7 :a- -
cisuse far less t`..ii ei_rty rercent (50;; of the fall replacement
cost. Ucternination of :axiium replacement value shall be made
annually by one or more written estimates to be furnished by a i.
person knowledgeable of replacement cost, and each First Mortgagee
shall be furnished with a copy thereof, within thirty (30) days t
after receipt of such written estimates. Such amounts of insurance
shall he adjusted annually in accordance with their currently •
determined replacement value.
,.' ,FAUEI.'S lac. ay.•.i_•), liti.lir:iiiuu u i-'j;o un: Lzuns• usS
pursonul property ur fi. cures belun:g:ag to an Owner, and public:
liability coverage within each Condominium Unit shall be the sole •
and direct responsibility of the Owner thereof, and she Board of
Managers, the Association, anJ7r the Managing Agent shall have no
responsibility for individual Condominium Unit internal coverage r
for personal property ald public liability insurance. Owners may
carry other insurance f_r their benefit and at their expense, r,
provided that the liability of the carriers issuing insurance _
obtained by the Board :*':all not be affected or diminished by reason
of any such additional insurance carried by any Owner. r
1.
(c) In the event that there shall be any damage or I'
destructon to, or loss to a Condominium Unit which exceeds One
Thousand Dollars ($1,000.00) or any damage or destruction to, or
'�
loss to the General Common Elements which exceeds Ten Thousand
Dollars ($10,000.00), then notice of such damage or loss shall be ,:'
given by the Association to each First Mortgagee of said Unit O:'
within ten (10) days after the occurrence of such event.
te'
r
(1) All policies of insurance shall provide that the i•:
insurance thereunder shall be invalidated or suspended only in ;;.
respect to the interest of any particular Owner guilty of a breach f•.
of warrant }
y, act. omission, negligence, or non-compliance of any r,-
provision of such policy, including payment of the insurance premium ,,
applicable to that Owner's interest, or who permits or fails to
prevent the happening of any event, whether occurring before or :,*
after a loss, which under the provisions of such policy would
otherwise invalidate or suspend the entire policy, but the insurance l
under any such policy, as to the interests of all other insured
Owners not guilty of any such act or omission, shall not be invali-
dated or suspended and shall remain in full force and effect. !'
23. Lien for Non-Payment of Common Expenses. All sums
assessed by the Association but unpaid for the share of Common
Expenses chargeable to any Unit shall constitute a lien on such 4'
Unit superior (prior) to all other liens and encumbrances, ex-
cepting
ptis only:y r
(a) Tax and special. assessment liens on the Unit in [;.
favor of any governmental assessing unit; and
(b) All sums unpaid on a First Mortgage of record,
including all unpaid obligatory sums as may he provided by
such encumbrance. r:'
If any assessment shall remain unpaid after tan (10) ',�
days after the due date thereof, the Board of Managers or Managing r'
Agent may impose a penalty on such defaulting Owner in an amount
equal to one and one-half percent (1.51) of such assessment. k
Likewise, a penalty equal to one and one-half percent (I.St) of the =
unpaid assessment may be imposed on tfie first day of each calendar
month thereafter so long as such assessment shall be unpaid.
t
-IS-
i.
.
r'
r.
- -- --182771.1 71.1
H. ' 06
•
To evidence such lien, the Board of Managers or Managing
Agent shall prepare a writter, notice setting forth the amount of
such unpaid indebtedness, the name of the Owner of the Unit and a
description of the Unit. Such a notice shall be signed by one of
the hoard of `•tanagers or by the Managing Agent and may be recorded
in the olfice of the Clerk and Recorder of the County of Weld, •
Colorado. Such lien t—r the Common Expenses shall attach from the
date of the failure of 3ayn:ent of the assessment. Such lien may be
enforced by foreclosure of the defaulting Owner's Unit by the
Association in like manner as a mortgage on real property, upon the
recording of a notice or claim thereof. In any such foreclosure, f'
the Owner shall he required to pay the costs and expenses of such
proceedings, the costs and expenses for filing such notice or claim r
of lien, and all reasarightc attorney's fees. In addition to all
other costs, charges and expenses required to be paid by an Owner,
an Owner shall pay to the Association the sum of One Hundred Dollars
($100.10) if it was necessary for the Association to record a
notice of its lien for Common Expenses. The Owner shall also bei.
required to pay to the Association the monthly assessment for the •
Unit during the period of foreclosure, and the Association shall be •
entitled to the appointment of a Receiver to collect the same. The
Managing Agent or Hoard of Managers shall have the power to bid on �•
the Unit at foreclosure sale and to acquire and hold, lease, mortgage,
and convey same. FT
Any encumbrancer holding a lien on a Unit may pay, but
shall not be required to pay, any unpaid Common Expenses payable '
with respect to such Unit, and upon such payment such encumbrancer
shall have a lien on such Unit for the amounts paid of the same I:/
Tank as the lien of his encumbrance, provided that any First .-
Mortgagee who acquires a Unit by foreclosure or by a deed in lieu
thereof shall acquire title to such Unit free and clear of any lien `- s
for unpaid Common Expenses and shall only be responsible for Common
Expenses arising after the date upon which such First ..ortgagee
receives a deed to the Unit.
The Association shall report to the Mortgagee of a Unit
any unpaid assessments remaining unpaid for longer than thirty (30)
days after the same are due as well as any other default of an
Owner which is not cured within thirty (30) days.
Declarant states in accordance with the requirements of •`:`:;
the Colorado Condominium Ownership Act, that it is possible that ``
liens other than mechanic's liens, assessments liens, and tax
liens, may be obtained against the Common Elements, including Si'
judgment liens and purchase money mortgage liens.
^ r
I:
24. Owner's Obligations for Payment of Assessments. The
amount of the Common Expenses assessed against each Unit shall be
the personal and individual debt of the Owner thereof at the time -'
the assessment is made. Suit to recover a money judgment fort
unpaid Common Expenses, and costs of suit and attorney's fees,
shall be maintainable without foreclosing or waiving the lien
securing same. No Owner may exempt himself from liability for his
contribution towards the Common Expenses by waiver of the use or
enjoyment of any of the General Common Elements or by abandonment
of his Unit. l': 'e
.
25. Liability for Common Expenses Upon Transfer of Unit
Is Joint. Upon payment of a reasonable fee not to exceed twenty
boilers (120.00) and upon ten (10) days' notice from any Owner or
any Mortgagee or prospective Mortgagee of a Unit, the Association.
by its Managing Agent or hoard of Managers, shall issue a written
statement setting forth the amount of the unpaid Common Expenses,
if any, with respect to the subject Unit, the amount of the current
monthly assessment and the date that such assessment becomes due
and any credit for advanced payments for prepaid items including,
but not limited to, insurance premiubs, which statement shall be
conclusive upon the Association in favor of all Persons who rely
thereon in good faith. Unless such request for a statement of
-16-
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• J+
'J f306 .1tiZ'7'71't
Ji
indcbtcdnes, shall he complied with within ten (10) days, all
unpaid Common Lfpenscs which become due prior to the date of making
.u,h request shall he subordinate to the lien of the person re-
qucyting such -statement.
The grantee of a Unit , except a First Mortgagee who
acquires a Unit by foreclosure or a deed in lieu of foreclosure,
shall he jointly and severally liable with the grantor for all
unpaid assessments a_4ainst the latter for his proportionate share
of the Common Expenses up to the time of the grant or conveyance,
without prejudice to the grantee's right to recover from the grantor
the amounts paid by the grantee therefor; provided, however, that
upon payment of a reasonable fee not to exceed Twenty Dollars
(S10.00), and upon written request, any such prospective grantee
shall he entitled to a statement from the Managing Agent or Board
of Managers setting forth the amount of the unpaid assessments, if
any, with respect to the subject Unit, the amount of the current
monthly assessment, the date that such assessment becomes due and
any credits for advanced payments or for prepaid items, including
but not limited to insurance premiums, which statement shall be
conclusive upon the Association. Unless such request for such a
statement shall be complied with within ten (10) days of such
request, then such requesting grantee shall not be liable for, nor
shall the Unit conveyed be subject to, a lien for any unpaid assess-
ments against the subject Unit. The provisions contained in this
paragraph shall not apply upon the initial transfer of the Units by
Declarant.
26. Mortgaging a Unit--Priority. Any Owner shall have the
right from time to time to mortgage or encumber his Unit by deed of
trust, mortgage, or other security instrument. The Owner of a Unit
may create Junior Mortgages (junior to the lien, deed of trust, or
other encumbrance of the First Mortgagee) on his Urit on the following
conditions: (i) that any such Junior Mortgages shall always be
subordinate to all of the terms, conditions, covenants, restrictions,
uses, limitations, obligations, lien for Common Expenses, and other
obligations created by this Declaration and the Bylaws of the
Association; (ii) that the Mortgagee under any Junior Mortgage
shall release, for the purposes of restoration of any improvements
upon the mortgaged premises, all of his right, title, and interest
in and to the proceeds under all insurance policies upon said
premises which insurance policies were effected and placed upon the
mortgaged premises by the Association. Such release shall be
furnished forthwith by a Junior Mortgagee upon written request of
the Managing Agent or one or more of the Board of Managers of the
Association, and if not furnished, may be executed by the Associ-
ation as attorney-in-fact for such Junior Mortgagee.
27. Restrictive Covenants and Obligations.
(a) No Imeerlling of Insurance. No Owner and no Owner's
Guests shall do anything or cause anything to be kept in or on the
Project which might result in an increase in the premiums of in-
surance obtained fur the Project or which might cause cancellation
of such insurance without the prior written consent of the Associa-
tion first having been obtained.
(b) No Violation of Law. No Owner and no Owner's
Guests shall do anything or keep anything in or on the Project
which would be immoral, improper, offensive, or in violation of any
statute, rule, ordinance, regulation, permit, or other validly
imposed requirement of any governmental body.
(c) No Noxious, Offensive, Hazardous or Annoying.
Activities. No noxious or offensive activity shall be carred on
upon any part of the Project nor shall anything be done or placed
on or in any part of the Project 'Mich is or may become a nuisanci
or cause embarrassment, disturbance, or annoyance to others. No
activity shall be conducted on any part of the Project and no
improvements shall be made or constructed on any part of the Project
which are or might ice unsafe or ,iaxardous to any Person or Property.
-17-
r1
1827'714
, JOCK. 1 x
do sound ,hall be emitted on any part of the Project which is
unrcasonahly loud or annoying. No odor shall be emitted on any •
part of the Project which is noxious or offensive to others. No •
light shall be witted from any part of the Project which is
unreasonably briybt or causes unreasonable glare. No equipment •
including, hut not limited to, refrigerators, stoves, or heavy
equipment of any tape or kind shall be stored outside the Condo-
minium Units nor in any areas designated as General Common
Elements.
(d) No Unsightliness. No unsightliness shall be
permitted on or in any part of the Project. Without limiting the
re
generality of the foregoing,C. nothing shall be kept or stored on or is
in any of the General Common Elements; nothing shall be hung or
placed upon any of the General Common Elements, including areas
• which are Limited Common Elements; and nothing shall be placed on
or in windows or doors of Condominium Units which would or might
create an unsightly appearance.
(c) Restriction on Animals. No animals, other than
domestic animals, as determined by the Board of Managers of the t.
Association, livestock, reptiles, or birds of any type shall be
kept on any part of the Project. It is contemplated that any
Owner within the Project receive the express written permission of
the Board of Managers prior to bringing an animal within the
Project for permanent residence. By way of example, but not by
way of limitation, the Board of Managers may exempt, if the Board
so desires, guard dogs from this restriction. Should an animal be
brought into the Project in violation of this restriction, the
Owner shall be obligated to remove the pet from the Project within
twenty-four (24) hours after written notice has been delivered
from the Board of Managers to the Owner designating the removal of
any such animal who shall have been brought into the Project in
violation of the provisions of this paragraph.
(f) Restriction on Signs. No signs or advertising
devices of any nature shall be erected or maintained on any part
of the Project without the prior written consent of the Associ-
ation. The Association snail permit the placing of at least one
(1) sign of reasonable size and dignified form to identify each
Unit therein.
(g) No Violation of Rules. No Owner shall violate the
Rules and Regulations adopted from time to time by the Association,
whether relating to the use of Condominium Units, the use of the
General or Limited Common Elements, or otherwise. Additional and
supplemental Rules and Regulations may be adopted by the Board
concerning and governing the use of the General and Limited Common
Elements; provided, however, that such Rules and Regulations shall
be furnished to Owners prior to the time that they become effective
and that such Rules and Regulations shall be uniform and non-
discriminatory, except to the extent that the Board has discre-
tionary rights specifically given to it in this Declaration.
(h) Owner Caused Damages. If, due to the act or
neglect of an Owner or such Owner's Guests or family, loss or
damage shall be caused to any Person rr Property, including the
Project or any Condominium Unit therein, such Owner shall be
liable and responsible for the same except to the extent that such
damage or loss is covered by insurance obtained by the Association
and the carrier of the insurance has waived its rights of subro-
gation against such Owner. The amount of such loss or damage may
be collected by the Association from such Owner as an assessment
against such Owner, by legal proceedings or otherwise, and such
amount shall be secured by a lien on the Unit of such Owner as
provided hereinabove for assessments or other charges.
Determination with respect to whether or not a par-
ticular activity or occurrence shall constitute a violation of
this paragraph 27 shall be made by the Board of )tanagers of the
Association and shall be final.
-18-
•
.306 182771.1
3 .t3 .
•
2R, Association as Attorney-in-fact-•Damage and
lfv,truct ion. )his declaration does lticreTy make mandatory the
irrevocable appointment of an attorney-in-fact to deal with the
Project upon its lestruc:tion, repair, or obsolescence.
Title 'a any Unit is declared and expressly made subject
to the terms and cc Jition, hereof, and acceptance by any grantee
of a deed from the Declarant or from any Owner shall constitute
appointment of the attorney-in-fact herein provided. AIl of the
Owners irrevocably constitute and appoint the Association, in their
names, place, and stead for the purpose of dealing with the project
upon its destruction, repair, obsolescence, or condennation as
hereinafter provided. As attorney-in-fact, the Association, by its
President and Secretary, shall have full and complete authorization,
right, and power to make, execute, and deliver any contract, deed
or any other instrument with respect to the interest of an Owner
which is necessary and appropriate to exercise the powers herein
granted. Repair and reconstruction of the improvement(s) as used
in the succeeding subparagraphs means restoring the improvement(s)
to substantially the same condition in which it existed prior to
the damage, with each Condominium Unit and the General Common
Elements and Limited Common Elements having substantially the same
vertical and horizontal boundaries as before. Except as is otherwise
herein provided, the proceeds of any insurance collected shall be
available to the Association for the purpuse of repair, restoration,
or replacements unless the Owners and all First Mortgagees agree
not to rebuild in accordance with the provisions set forth herein-
after.
Assessments for Common Expenses shall not be abated
during the period of insurance adjustment and repair and recon-
struction.
(a) In the event of damage or destruction to any Buildings
to the extent of not more than sixty-six and two-thirds percent
(66 2/31) of the total replacement cost thereof, not including
land, due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct the improvements) shall be applied by
the Association, as attorney-in-fact, to such reconstruction, and
the improvement(s) shall be promptly repaired and reconstructed.
The Association shall have full authority, right, and power, as
attorney-in-fact, to cause the repair and restoration of the im-
provement(s).
(b) if the insurance proceeds are insufficient to
repair and reconstruct the improvement(s), and if such damage is to
the extent of not more than sixty-six and two-thirds percent (66 2/31) I!
of the total replacement cost of the Buildings(s), not including
land, such damage or destruction shall be promptly repaired and
reconstructed by the Association, as attorney-in-fact, using the
proceeds of insurance and the proceeds of an assessment to be made
against all of the Owners and their Units. Such deficiency assess-
ment shall be a Common Expense and made pro rata according to the
number of Condominium Units in each Building which have sustained
damage or destruction, and shall be due and payable within thirty
(30) days after written notice thereof. The Association shall have
full authority, right and power, as attorney-in-fact, to cause the
repair or restoration of the improve;meats using all of the insurance
proceeds and such assessment. The assessment provided for herein
shall be a debt of each Owner and a lien on his Unit and be enforced
and collected as is provided hereinbefore. In addition thereto,
the Association, as attorney-in-fact, shall have the absolute right
and power to sell the Unit of any Owner refusing or failing to pay
such deficiency assessment within the time provided, and if not so
paid, the Association shalt cause to be recorded a notice that the
Unit of the delinquent Owner shall be sold by the Association, as
attorney-in-fact. The proceeds derived from the sale of such Unit
shall be used and disbursed by the Association, as attorney-in-
fact, in the following order:
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182771.1 :
' 33 .2Y ;
�
i
(i) for payment of the balance of the lien of any
First Mortgage; ;
( ii) for payment of taxes and special assessment
liens in favor of any assessing entity;
r
(iiii for payment of unpaid Common Expense;
(iv) for payment of Junior Mortgages and encum- r
branccs in the order of and to the extent of their priority;
and -
r
(v) the balance remaining, if any, shall be paid to
the Unit Owner.
(c) If the insurance proceeds arc insufficient to
repair and reconstruct the improvement(s), and if such damage is
more than sixty-six and two-thirds percent (66 2/31) of the total
replacement cost of all the Conduu,inium Units in this Project, not ,
including land, such damage or destruction shall be promptly repaired
and reconstructed by the Association, as attorney-in-fact, using
the proceeds of insurance and the proceeds of a special assessment
to be made against all of the Owners and their Condominium Units, r`
provided, however, that the Owners representing an aggregate owner- k::
ship interest of seventy-five percent (751) or more of the Common �'"
Elements and all of the First Mortgagees of record may agree not to 4�.
repair or reconstruct the improvement(s); and in such event, the
Association shall forthwith record a notice setting forth such fact
'
or facts, and upon the recording of such notice by the Association's
President and Secretary or Assistant Secretary, the entire Project
shall be sold by the Association pursuant to the provisions of this r',
paragraph, as attorney-in-fact, for all of the Owners, free and
clear of the provisions contained in this Declaration, the Map,
Articles of Incorporation, and Bylaws. Assessments for Common
Expenses shall not be abated during the period prior to sale. The
insurance settlement proceeds shall be collected by the Association, J such proceeds shall be divided by the Association according to each
Owner's interest in the Common Elements, such divided proceeds
shall be paid into separate accounts, each such account representing one of the Condominium Units. Each such account shall be in the
name of the Association, and shall be further identified by the
Condominium Unit designation and the name of the Owner. From each `•
separate account, the Association, as attorney-in-fact, shall
forfeit, use, and disburse the total amount of each such account �'without contribution from one account to another toward the partial or full payment of the lien of any First Mortgagee encumbering the
;
Condominium Unit represented by such separate account. Thereafter ``'
each such account shall be supplemented by the apportioned amount
of the proceeds obtained from the sale of the entire property.
Such apportionment shall be based upon each Condominium Unit Owner's
interest in the Common Elements. The total funds of each account
shall be used and disbursed, without contribution, from one account •
to another by the Association, as attorney-in-fact, for the same
purposes and in the same order as provided in subparagraph (b) of X;,
this Section.
\
(d) The Owners representing an aggregate ownership �
interest of eighty-fire percent (8S1) or more of the General Common Elements may agree that the Units are obsolete and adopt a plan for the renewal and reconstruction, which plan shall have the unanimous approval of all First Mortgagees of record at the time of the adoption of such plan. If a plan for the renewal or reconstruction is adopted, notice of such •clan shall be recorded, then the expenses tncrcof shall be payable by all of the Owners as Common Expenses; •
provided, however, that an Owner not a party to such a plan for '
renewal or reconstruction may give written notice to the Association
within fifteen (15) days after the adoption of such plan that such •
l Unit shall be purchased by the Association for the fair market {
value thereof. The Association shall then have fifteen (IS) days j
within which to cancel such plan. If such plan is not cancelled, •
s
-20- f I
II
•
1 1
182'7'71,1
3) e7
then the Unit shall be purchased by the Association according to
the following procedures. If such Owner and the Association can
agree oft the fair market value thereof, then such sale shall be
couson,,. ted within thirty (3U) Jays thereafter, If the parties areunable to
> c date when either party notified the other that
he or it is unahle to agree with the other shall be the "commencement
date" from which al; periods of time mentioned in the subparagraph
shall he measured. ::'ithin ten (10) days following the commencement
date, each party shall nominate in writing (and give notice of such 1'
nomination to the other party) an independent appraiser. If either
party fails to make such a nomination, the appraiser nominated
shall within five (5) days after default by the other party
and associate with him another independent appraiser. the
a ptwi.nt i;'.
wo
appraisera designated by the parties, or selected
pursuant thereto
in the event of the default of one party,
shall use a figure which represents the unable a
nedaveragefair� they
market value of their appraisals. The decision of the appraisersf'....
as to the the fair market value, or in the case of their disagreement,all then
ofmsuchd average appraisershshallebelnal ad binig. Thbornenequallynby thee Asexeses f
sociation
and the Owner. The sale shall be consummated within fifteen (IS)
days thereafter, and the Association, as attorney-in-fact, shall
disburse such procecdsaas is provided in subparagraphs (b) (i)
through (v) of this paragraph,
(e) eOwners
errresning an aggregate ownership
interest of eighty-five percent (8 51)
Clements may agree that the Units are obsolete and the Common .
andthatGenthelsamee
should be sold. Such plan (agreement) must have the unanimous
written approval of every First Mortgagee. In such instance, the
Association shall forthwith record a notice setting forth such fact .
or facts, and upon the recording of such notice by the Association's • I: .
President and Secretary, the entire Project shall be sold by the
Association, as attorney-in-fact for all of the Owner:, free and P:
clear of the provisions contained In this Declaration, the Map, the
Articles, and the Bylaws. The sales proceeds shall be apportioned f
between the Owners on the basis of each Owner's percentageinterest a'
in the General Common Elements, and such apportioned proceeds shall
be paid into separate accounts, each such account representing one
(1) Unit. Each such account shall be in the name of the Association, ,
J.
and shall be further identified by the Unit designation and the •
name of the Owner. From each separate account, the Association, as
attorney-in-fact, shall use and disburse the total amount (of each)
of such accounts, without contribution from one account to another,for the same purposes and in the same order as is provided in
�'
subparagraph (b) (i) through (v) of this Section.
29. Condemnation.
(a) Consequences of Condemnation. If at any time or
4.
tides during the continuance of condominium ownership pursuant to
this Declaration, all or any part of the Project shall be taken or ti
condemned by any public authority or sold or otherwise disposed of
in lieu of or in avoidance thereof, the t
shall apply. provisions of this Section 29
(b) Proceeds, All compensation, damages, or other
proceeds therefroi,--M sum of which is hereinafter called the
"Condemnation Award", shall be payable to the Association.
(c) Conp_lete Taking. In the event that the entire
Project is taken or condeMiled, or sold, or otherwise disposed of in
lieu of or in avoidance thereof, condominium ownership pursuant to
this Declaration shall terminate. The Condemnation Award shall be
apportioned among the Owners in proportion to their respective
undivided interests in the General Common Elements, provided that
if a standard different from the value of the Project as a whole is
employed to measure the Condemnation Award in the negotiation,
judicial decree, or otherwise, then 'in determining such share the
same standard shall be employed to the extent it is relevant and
applicable.
-21-
r'` !}f){; 1827X.1
t'n the basis of the principal set forth in the last
preceding paragraph, the Association shall as soon as practicable
determine the share of the Condemnation Award to which each Owner
is entitled. Such shares shall he paid into separate accounts and
dis',urscd a: soon a, practicable in the same manner provided in
paragraph 28 (b) ,-f this Declaration.
Id) Pa_cial faking. In the event that less than the
entire project i kcri or condemned, or sold, or otherwise disposed
of in lieu of or in avoidance thereof, the condominium ownership
hereunder shall not terminate. Each Owner shall be entitled to a
share of the Condemnation Award to he determined in the following
manner: (i) as stein as practicable, the Association shall, reason-
ably and in good faith. allocate the Condemnation Award between
compensation, damages, or other proceeds, and shall apportion the
airounts so allocated to taking of or injury to the General Common
Clements and shall he apportioned among Owners in proportion to
their respective undivided interests in the General Common Elements.
(ii) the total amount allocated to severance damages shall be
apportioned to those Units which were not taken or condemned.
(iii) the respective amounts allocated to the taking of or injury
to a particular Unit and/or improvements an Owner had made within
his own Unit shall be apportioned to the particular Unit involved,
and (iv) the amount allocated to consequential damages and any
other takings or injuries shall be apportioned as the Association
determines to be equitable in the circumstances. If an allocation
of the Condemnation Award is already established in negotiation,
judicial decree, or otherwise, then in allocating the Condemnation
Award the Association shall employ such allocation to the extent it
is relevant and applicable. Distribution of apportioned proceeds
shall be made by checks payable jointly to the respective Owners
and their respective First Mortgagees.
results in th(e) Reorganization.
Condominium Unit.a a
king
• theOwner
thereof automatically shall cease to be a member of the Association
and such Owner's interest in the General Common Elements shall
thereupon terminate, and the Association, as attorney-in-fact for
such Owner, may take whatever action is necessary and execute such
documents as are necessary to reflect such termination, thereafter
the Association shall reallocate the ownership, voting righti. and
assessment ratio determined in accordance with this Declaration
according to the same principles employed in this Declaration at
its inception and shall submit such reallocation to the Owners of
remaining Units for amendment of this Declaration as provided in
subparagraph 30 (b) hereof.
30. Miscellaneous.
(a)
ions
contained inthis� Declaration.
All
continue and remai of the n insfull
force and effect until condominium ownership of the Project and
this Declaration are terminated, revoked, or amended as hereinafter
provided.
(b) Amendment and Termination.
(1) Any be amended or additional provision contained this Declaration
1provisions ray be added to this Declaration,
or this Declaration and condominium ownership of the Project may be
terminated or revoked, by the recording of a written instrument or
instruments specifying the amendment or addition or the fact of
termination and revocation. executed by the Owners, as shown by the
record in the Office of the Clerk and Recorder of the County of Weld,
Colorado, of Units representing an aggregate ownership interest of
two-thirds (2/3) or more of the General Common Elements and not
less than seventy-five percent (75%) or more of the First Mortgagees;
provided, however, that except to the extent permitted under Section 3
of this Declaration, in no event shall the undivided interest of
-Z2-
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-J. 900 11:1.4.771..1
_.)..e .7;
any owner be decreased without the unanimous consent of each Owner
And each first Mortgagee. lime consent(s) of any Junior Mortgagees
shalt not be required under the provisions of this paragraph.
(21 The Declarant cxpreasly reserves the right to
amend or provide •additional provisions to this Declaration, or to
revoke this Declaration in full , by the recording of a written
instrument or instruments specifying the amendment or addition or
•
the fact of termination and revocation for a period not to exceed
three (3j years from the date of recording of this Declaration.
nliy instrument of amendment, addition, or revocation shall also
include the requirement that it be signed by not less than seventy-
' five percent (751) of the first Mortgagees expressly consenting to
( such action provided, however, that except to the extent
{ under Section 3 of this Declaration, in no event shall the undividedinterest of any Owner he decreased without the unanimous consent of
each Owner and each first Mortgagee. The consents of any Junior
i Mortgagees shall not be required under the provisions of this
paragraph.
of this Declaration, an Effect ofanrovisions agreement, romise, covenant, provision
•
undertaking to comply with each provision of this Declaration, and
4 any nccessar
j right orce intey reexemption
or reservation or grant of title, estate,
' to any provision of this Declaration
shall:
(i) by virtue of acceptance of any right, title, or
interest in the Project or in any Unit by an fanner, be
deemed accepted, ratified, adopted, ana declared as a
personal covenant of such Owner, and, as a personal covenant,
shalt be binding on such Owner and such Owner's heirs,
personal representatives, successors, and assigns and shall
be deemed a personal covenant to, with, and for the benefit
of the Association, but not to, with, or for the benefit of
any other Owner.
be de.emed l covenant nt; for
itself, its)successors,aand aassigns, and also lallsoanaequitable
servitude, running, in each case, as a burden with and upon
the title to the Project and each Unit and, as a real
covenant and also as an equitable servitude for the benefit
of the Project and each Unit; and.
(iii) be deemed a covenant, obligation and restric-
tion secured by a lien in favor of the Association burdening
and encumbering the title to the Project and each Unit in
favor of the Association.
) f of Section 26daboveteno1vnnoaEonubrat.each Subject to
comply
with any provisions
such provision of this Declaration and no action to enforce any
provision shall effect, defeat, render invalid, or impair the
lien of any first Mortgage or other lien on any Unit taken in good
faith and for value and perfected by recording in the Office of the
Clerk and Recorder of Weld County, Colorado,
rior recording in said;,pfflce of an instrument describinga the eUnit ea of
nd
listing the name or names of the Owner or Owners of fee simple
title to the Unit and giving notice of such violation, breach, or
failure to comply; nor shall such violation, breach, failure to
comply or action to enforce affect, defeat, render invalid or
impair the title or interest of the holder of any First Mortgage,
or other lien, or the title or interest acquired by any purchaser
upon foreclosure of any such First Mortgage or other lien or result
`
in any liability, personal or otherwise, of any such holder or
purchaser. Any such purchaser on foreclosure shall, however, take
subject to this Declaration; provided, however, that violations or
breaches of, or failures to comply with, any provisions of this
Declaration which occurred prior to the vesting of fee simple title
•23-
•
906 i 1827714
in •such purchascr shall not be deemed breaches or violations hereof
or failures to comply herewith with respect to such purchaser, his
heirs, personal representatives, successors or assigns.
(e) Sum•lemental to Law. The provisions of this Decla-
ration shall ho in a.tdttion to an-supplemental to the Condominium r •
Ownership Act of the 'State of Colorado and to all other provisions
of law.
(f) Numbers and Genders. Whenever used herein, unless
the context shall otherwise provid. the singular number shall
include the plural, the plural the singular, and the use of any .
gender shall include all genders.
(g) Registration by Owner of Mailing Address. Each I,
Owner shall register his mailing address with the Association, and
except for monthly statement and other routine notices, which shall
be personally delivered or sent by regular mail, all other notices
or demands intended to be served upon an Owner shall be delivered
personally or sent by either registered or certified mail, postage
prepaid, addressed in the name of the Owner at such registered
mailing address. All notices, demands, or other notices intended {...
to he served upon the Board of Managers or the Association shall be
sent by certified mail, postage prepaid, to:
Thomas J. Canzona
Ridge West Commercial Condominiums Association, Inc.
1410-38th Avenue
Greeley, Colorado 80631
agent for service, until such address is changed by a notice of
address duly recorded with the office of the Secretary of State of 6,
Colorado,
(h) Successors and Assigns. This Declaration shall be
binding upon and shall inure to the benefit of the Declarant, the
Association and each Owner, and the heirs, personal representatives, `
successors, and assigns of each of them.
(i) Severability. Invalidity or unenforceability of
any provision of this Declaration in whole or in part shall not •
ti
affect the validity or enforceability of any other provision or any
valid and enforceable part of a provision of this Declaration. .t;•
(j) Captions. The captions and headings in this Declaration
are for convenience only and shall not be considered in construing
any provision of this Declaration.
(k) No Waiver. Failure to enforce any provisions of
this Declaration shall not operate as a waiver of any such provision
or of any other provision of this Declaration.
31. Employment of a Management Agent. The 8oard of Managers
of the Ridge West Commercial Condominiums Association may employ •
for the Association a Managing Agent to perform such duties and
services as the Board shall authorize. The Board of Managers may
delegate any of the powers and duties granted to it by the Articles
of Incorporation of the Association or its Bylaws, but, notwith-
standing such delegation, the Board shall not be relieved of its
responsibility by virtue of this Declaration. Any contract of
employment entered into with a Managing Agent must, however, be
limited to a term not to exceed one (1) year and must provide that
it can be cancellable by the Association without cause, and without
the payment of a termination fee upon sixty (60) days written
notice, and with cause and without payment of a termination fee at
any time.
IN WITNESS WHEREOF, Declarant has executed this Declaration
this 7,i day of S,.a,.- , 180.
-24-
1827714
•
DECLARANT:
C C E C Partnership,
a Colorado Co-partnership
LL. Cr
.0! ' •c
Brenda J. Cropper
•
WI/1 4 tsc e
►' • {7.21,72iJ
u n , doettsche
+Thomas J. ona '-�"
Art�(abef�e 6f. ani�- ""C •'t'i�J
STATE OF COLORADO)
Ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
�.d day of �, ,� 1980, by Francis L.
• r8 enaa J. Cropper, , Cropper and
Copartnershi , aka PCrGnarC,oa f ColoradoPCoo-partnershipColorado
V•' Witness my hand and official seal.
l?'j?./- Sy_Commission expires:
.. n o• _ Mr c•••�•��;nn
Notary Pu c
STATE OF COLORADO)
ss
COUNTY OF WELD )
•
The foregoing instrument was acknowledged before se this
4-0 day of _I-ALL , 1980, by Bill Goettsche and
u�son V. Coettsche, Partners of C C a C Partnership, a Colorado
Co-partnership, aka C G a C. a Colorado Co-partnership.
Witness my hand and official seal.
My commission expires: s,caw.wms+as}ardliP!Z
'•-•• ,Y4ta,
.:'`,lit:.?� , .rotary Pu
•
,•>.a 8 r
1:kG : -25-
--.. . .__..
906182771.1
33-30
STATE OF COLORADO}
COUNTY OP WELD Jss
The foregoing instrument was acknowledged before me this
., % day of '. 1980, by Thomas J. Canzona and
Knn,Tielle M. Canzona, Partnere of C C G C Partnership, a Colorado
Co-partnership, aka C C a C, a Colorado Co-partnership.
Witness ay hand and official seal.
My Commission expires: ua.M,FweI ay
(..S. E AL }
votary u 1; c
'1b. •4
J
•.7
•
KNOW L THESE PRESENTS identi-
fied below has examined this Declarat that
Declaration of Covenants. Conditions,
and Restrictions for Ridge West Commercial Condominiums and hereby
expressly consents and ratifies the creation of the Ridge Nest
Commercial Condominiums.
19
B '
Y •
or F mers Nat'ona a 0 ult
STATE OF COLORADO)
COUNTY OF WELD )ss�
•
14 The foregoing instrument was ack owled a before me this
day of
as ; t i/ —, 1980. by ^i • /e/ et�s<:,rte_t of the Farmer
wuar. at ona an o
Witness my hand and official seal.
MY.Commission expires: . 7. /91 3
•
•
SEAL v ' o t a r y u c +..
-26-
•
906
182771.1
Lxrils IT "A"
'
A tract of land located in the North Half of the Northeast Quarter
of Section 9, Township 5 North, Range 66 West of the 6th Principal
Meridian, Weld County, Colorado and being more particularly described
as follows:
Commencing at the North Quarter Corner of said Section 9 (said
North Quarter Corner being that used by Jasper Freese, P.E.-L.S.,
Colorado Reg. No. 4392 on adjacent monumented surveys) and considering
the North line of said Northeast
to South
East and with all other bearings contained
herein relati 0
vethereto:
Thence South 89°07'14" East along the North line of said Northeast
Quarter, 978.55 feet more or Iess (recorded in previous legal
Descriptions as 966 feet);
Thence South 00°05'22" East, 42.30 feet to a point on the South
right-of-way line of U.S. Highway No. 34, said
True Point of Beginning; point being the
Thence South 89°07'14" East along said South right-of-way line,
25.00 feet;
Thence South 00°05'22" East, 436.66 feet;
Thence South 89°07'14" East, 107.19 feet;
Thence South 00°06'54" East 181.00 feet;
Thence North 89°06'19" West, 132.28 feet;
Thence North 00°05'22" 617.62 F
West, eet to the True Point of
Beginning.
Said tract of land contains 0.800 acres (34,845 SF) more or less
and is subject to any rights-of-way or other easements as granted
or reserved by instruments of record or as now existing on said
tract of land.
`(1
1827714
33��
EXHIBIT "8"
Appurtenant Undivided Percentage
Unit Interest In and To General
Building . Common Elements
1 A 1/S
2 A
1/S
3 A 1/S
4 A l/S
S 1/S
ttr
F
t
e
I
•
'_3f)f> 182'7714
Jj-33
EXHIBIT "C"
A tract of land located in the North Half of the Northeast Quarter
of Section 9, Township S North, Range 66 West of the 6th Principal
Meridian, Weld County, Colorado and being more particularly
•
described as follows:
Commencing at the North Quarter Corner of said Section 9 (said
North Quarter Corner being that used by Jasper Freese, P.E.-L.S.,
Colorado Reg. No, 4392 or. adjacent monumented surveys) and
considering the North line of said Northeast Quarter to bear
South 89.07'14" East and with all other bearings contained herein being relative thereto:
Thence South 89°07'14" East along tho North line of said Northeast
Quarter. 978.55 feet more or less (recorded in previous legal rr
descriptions as 966 feet;
Thence South 00'05'22" East, 4.' 30 feet to a point on the South
d•
right-of-way line of U.S. Highway No. 34;
Thence South 89.07'14" East along said South right-of-way line,
25.00 feet to the True Point of Beginning;
Thence continuing South 89'07'14" East along said right-of-way line. 107.00 feet;
Thence South 00°06'54" East, 436.66 feet;
Thence North 89°07'14" West. 107.19 feet; C •
Thence North 00'05'22" West, 436.66 feet to the True Point of f't Beginning. t
Said tract of land contains 1.073 acres (46,757 SF) more or less
f
and is subject to any rights-of-way or other eastments as
or reserved by instruments of record or as now existing on gsaid� ��
tract of land. ;=
7
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B 1447 REC 789 OP 0243 MARY ANN 3 06/17/94 0
PEUERSTEINCLERK84RECORDER WELD CO, CO
SECOND SUPPLEMENT
22
MA2313261 CONDONINIQM DECLARATION
RIDGE WEST CORNERCIAL commixing'
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, C. G. AND C. PARTNERSHIP, a Colorado
Co-Partnership, recorded a Condominium Declaration for Ridge west
Commercial Condominiums in Book 906, under Reception No. 1827714,
of the real estate records of the Clerk and Recorder ,f Weld
County, Colorado; and
Declaration the toTevisions Declarantf the Paragraph iht 3tof enlarge recorded
this
condominium property by submitting additional real property and
improvements to this condominium complex, such additions to this
condominium project to he expressed by the filing of a Supplement
Map; and
WHEREAS, JOHN DENNIS GIBSON, has acquired title to the
real property described in "Exhibit A" of this Second Supplement,
and that property is capable of being submitted to the Ridge West
Commercial Condominiums as expansion property; and NIS rd of Directors of
the Ridge WHEREAS,t Commercial Condominiu s,,N and s 1 the e subsequent Declarant
to the original Declarant for the Ridge West Commercial
Condominiums, desire to submit the Gibson property to condominium
ownership; and
WHEREAS, the Declarant and GIBSON have filed for record
a Second Supplement Map to said project, with that map being
recorded on the day of , 1994, in Book under
Reception No. of the real estate records of the Clerk and
Recorder of Weld County, which Second Supplement Map describes the
property on the attached "Exhibit A", which is annexed hereto and
by this reference made a part hereof; and
additional building GIBSON
othercipleted the construction
mmp oveme is on the adjoining
property which is described in the Second Supplement Map and is
described in "Exhibit A" attached hereto; and EAS,this Condominium Project ant suchd additional N do h improvements anndmi real
property.
B 1447 REC 02393789 06/17/94 10:43 $35.00 2/007
F 0244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
NOW, THEREFORE, Declarant and GIBSON do herek•y publish
and declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations shall be
deemed to run with the land and shall be a burden and a benefit to
the Declarant, its successors and assigns, and any person or entity
acquiring or owning an interest in the real property and
improvements, their grantees, successors, heirs, executors,
administrators, devisees or assigns.
1. Division of Property into Condominium Units.
The real property described on "Exhibit A" and the
improvements thereon are hereby divided into the fee simple estate
as is set forth on "Exhibit B" annexed hereto and by this reference
made a part thereof. Each such estate shall consist of the
separately designated unit and the undivided interest in and to the
general common elements appurtenant to each unit as get forth
herein.
2. second Supplement Map.
The Second Supplement Map has been filed in
accordance with Paragraph 3 of the original Declaration filed in
this matter. The Map was prepared subsequent to substantial
completion of the improvements thereon. Said Map describes the
property on "Exhibit A" attached hereto and incorporated herein by
this reference. Except as is provided herein, all of the
provisions of Paragraph 3 of the recorded Declaration which are not
contradictory to the specific provisions hereof are incorporated
herein by this reference.
3. Description cf Condominium Unit.
(a) Every contract for the sale of a condominium
unit written prior to the filing for record of the Map or this
Supplement to Declaration may legally describe a condominium unit
by its building symbol and unit designation, followed by the name
of this condominium.
(b) Every contract, deed lease, mortgage, trust
deed, will or other instrument may legally describe a condominium
unit by its building symbol and the unit designation, followed by
the name of this condominium, with further reference to the Map,
Supplement to Declaration, and the Declaration filed for record.
Every such description shall be construed to include a nonexclusive
easement for ingress and egress to an owner's unit, together with
the right to the exclusive use of the limited common elements, if
any, appurtenant thereto.
2
B 1447 REC 02393789 06/17/94 10:43 $35.00 3/007
F 0245 NARY ANN FRUERSTEIN CLERK & RECORDER WELD CO, CO
4. Acceptance of Provisions of All Documents.The conveyance or encumbrance of a unit
shall be deemed to include the acceptance of all of the prow condominium
of the original Declaration, any amenceents thereto, the First
Supplement thereto, this Second Supplement thereto, the Articles of
Incorporation, Association Bylaws and Rules and Regulations and
shall be binding upon each grantee or encumbrancer without the
necessity of inclusion of such an express provision in the
instrument of conveyance or encumbrance.
5. Qjnon Expense and Voting.
As is provided in Paragraphs 19 and 21 of the
Declaration, the common expenses shall be assessed among all of the
ondominium units. Reference is made to that portion of
"Exhibit B" hereof which assigns to each condominium unit an
appurtenant undivided percentage interest in and to general common
elements, all in accordance with Paragraph 3 of the Declaration.
Said "Exhibit B" attached hereto is incorporated herein by this
reference.
6. General.a) Except as is provisions of this Supple otherwise
ment, all of provisions contain the
contained the in
the Declaration are made a part of this Supplement.
(b) If any of the provisions of this second
Supplement to yhe Declaration or any paragraph, sentence, clause,
phrase or word or the application thereof in any circumstance be
invalidated, such invalidity shall not affect the validity of the
remainder of this instrument, and the application of any such
provision, paragraph, sentence, clause, phrase or word in any other
circumstances shall not be affected thereby.
Directors of the cRidge) eWest a nt", as d
Commercial Condominium means Associat of
Association.
Declaration shall(d) s
be in provisions
f
addition to l and supplemens Second tal
ntal to the
Condominium Ownership Act of the State of Colorado and to all other
provisions of law.
(e) That whenever used herein, unless the context
shall otherwise provide, the singular number shall include the
plural, the plural thn singular, and the use of any gender shall
include all genders.
(f)reference and are r
notinten agraph tdedtoles a convenience
limit, enlarge or change the
meaning of the contents of the various paragraphs.
3
B 1447 EEC 02393789 06/17/94 10:43 $35.00 4/007
F 0246 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, Declarant has duly executed this
Sa�I Supplements to Condominium Declaration this Mrs day of
C
J , 1994.
RIDGE WEST COMMERCIAL
CONDOMINIUMS, Board of Directors
rTh .
tz
J S GI SON '"� ea
7-C)-79-----aas.°STATE OF COLORADO )
COUNTY OF WELD )
) ss.
Th foregoing instrument was acknowledged before me this _Ps
_
day of tb....&. , 1994, by JOHN DENNIS GIBSON.
WIJ
nd and official seal. rr
„. * Notary l sooAddress4 -'t�PMy commission EExpir ees:Zz—(!(t �
STATE O )
COUNTY OF WELD ) s3.
)
The forgoing instrument was acknowledged before to make:this .da o! , 1994, by p,�
Pos ai*.and .70,mpS OA N! .
known t me to be the p�
and c _ "iron
Condom niums. of Ridge West Commero al
£huh Ct na ,,
A,'Comm,n.on Expires Februwy 3.1597 (i Q♦ 0.%..t'
„
t
ity
4 `
*At ...
B 1447 REC 02393789 06/17/94 10: 43 $35.00 5/007
P 0247 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
LIENEOLDEE's CONSENT KNOW identified below ha a N BY ex examined d E PRESENTS th that Second tSupplemente deto
Condominium Declaration for the Ridge West Commercial Condominium
and hereby expressly consent to and ratify the creation of the
Second Supplement to Condominium Declaration for the Ridge West
Commercial Condominium.
BUILDING A, UNIT 3 AND BUILDING A, TWIT 4
THE REAL PROPERTY DESCRIBED
IN "EXHIBIT A" UNION COLONY BANK
1ST CHOICE BANK
24.C, BY:44taAize
BUILDING .1, UNIT 5 BUILDING B, UNIT 3
FRANCIS ENERGY, INC. ,
• ° Profit Sharing
UINTO C. FULLER
By: -i ��----
STATE OF COLORADO 3
COUNTY OF WELD ) es.
Thp foregoing instrument was subsgribed and sworn to before me
this IJf day of-7. a 199y4, by 10411 lb%t4 f104kO
known to me to be the - e 'd` of 1ST CHOICE BANK.
WITNESS my hand and official seal.
----+G Notary Publ c
sue% My Commission Expires: ),
tie,. PODIA
ir
op COd'
5
8 1447 RBC 02393789 06/17/94 10:43 $35.00 6/007
P 0248 MARY AMR PEUERSTEIN CLERK & RECORDER WILD CO, CO
STATE OF COLORADO )
) ss.
COUNTY
7�OF WELD )
this I(s day of oi instrument was sub rs i pnd swnxn to brtoro me
19r94, by S (K�tJ hOlte...e.1(
known to me to the teunwr- of UNION COLONY BANK.
0
WI d official seal. /r
SAVII/81Nts o Notary Public
1> cog)
My Commission E: res: 2- ar ig t
or g0
STATE OP CO.
) ss.
COUNTY OF WELD )
Thetforegoing instrument was subscribed and sworn to before me
this / :rip- a- , 1994, by QUINTUS C. FULLER.
and official seal.
4 pUBLNC Ppo Notary Pubi 4
�.`�...✓�P My Commission xpires:..?,-Z.-�(Q48
G/ CO
STATE OF )
ss.
COUNTY OF WELD
The�foregoi instrument was subscribed and sworn to before me
this !(. day of he
994, by Mitt 3) AIM-c.cc?
known to me to be tie -}ivu of FRANCIS ENERGY, INC. ,
Profit Sharing Plan. —'
WITNESS my hand and official seal. �n
oc: 0
My c�mmissi xpires: 2,_y.o •
ts, air
B 1447 REC 789 OF 0249 WARY ANN 3 06/17/94 0 4
FEUERSTEINCLERK8RECORDER WELD CO, CO
EXHIBIT A
That portion of the North Half of the Northeast Quarter of
Section 9, Township 5 North, Range 66 West of the 6th P.M. , County
of Weld, State of Colorado, more particularly described as follows:
Considering the North line of said Northeast Quarter as monumented
by an "X" chiseled in an existing bridge at the North Quarter
corner of said Section 9, with a 3/4" x 30" rebar with a 3}"
diameter aluminum cap, P.L.S. 10855, set as a witness Corner, in a
monument box along the North line of said Northeast Quarter, 100.00
feet Easterly from the North Quarter corner of said Section 9, and
by a L§" metallic pipe with a 3k" diameter aluminum cap, P.L.S.
20685 set in a monument box at the Northeast corner of said
Section 9, to bear South 89.03.55" East with all bearings contained
herein relative thereto.
Beginning at the North Quarter corner of said Section 9 (said North
Quarter corner being re-established and as now recorded) ; thence
along the North line of said Northeast Quarter South 89.03'55" East
962.89 feet (recorded previously as 978.55 feet and/or 968 feet) ;
thence South 00'05'22" East 38.52 feet (recorded previously 42.30
feet) to a point on the South right monument (y" rebar with an
obliterated yellow plastic seal) ; thence along said South right-of-
way line South 89'07'14" East 25.00 feet to the TRUE POINT OF
BEGINNING; thence South 00'05.22" East 239. 58 feet; thence North
89.54'38" East 107.09 feet; thence North 00.06'54" West 237.77 feet
to said South right-of-way line; thence along said right-of-way
line North 89'07'14" West 107.00 feet more or less to the TRUE
POINT OF BEGINNING.
EXHIBIT B
Building Unit Anrtenant Undivided Percentage
Interest In and To General Common Elements
A 1 1/13
A 2 1/13
A 3 1/13
A 4 1/13
A 5 1/13
B 1 1/13
S 2 1/13
B 3 1/13
B 4 1/13
C 1 1/13
C 2 1/13
C 3 1/13
C 4 1/13
7
B 1447 REC 02393788 06/17/94 10:42 $35.00 2/007
F 0237 MARY ANN FRUERSTEIN CLERK & RECORDER WELL) CO, CO
2. The provisions of Paragraph 3(b) are hereby revoked and
replaced with the following language:
3. Division of Property in the Condominium Unita.
(b) Declarant hereby expressly reserves the
right (without in any way being found) to enlarge
this condominium project by constructing additional
condominium buildings and other condominium units
on the real property within the exterior boundaries
of the real property described in "Exhibit C". Any
such additi3n(s) to this condominium project may be
submitted by the Declarant, and such submission(s)
shall be expressed in and by a duly recorded
supplement(s) to this Declaration, provided,
however, that no addition to or enlargement of this
condominium project shall be permissible after a
date which is fifteen (15) years from the date of
recording of this Second Amendment to the
Declaration of Covenants, Conditions: and
Restrictions in the real estate records of the
Clerk and Recorder of Weld County, Colorado.
3. "Exhibit C" o! the original Declaration and the First
Amendment are revised and restated to include the following
additional property:
EXHIBIT C
FOR SECOND AMENDMENT TO THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
TEE RIDGE WEST COMMERCIAL CONDOMINIUMS
A CONDOMINIUM PROJECT LOCATED
IN THE COUNTY OP HELD AND STATE OP COLORADO
potential Expansion Property
THAT PART OF THE NORTHWEST QUARTER (NW? ) OF THE NORTHEAST
QUARTER (NEN) OF SECTION 9, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE
6TH P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 900.00 FEET EAST AND 350.00 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID NORTHEAST QUARTER (NE3) OF SECTION 9;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 9, 310.00
FEET;
2
B 1447 REC 02393788 06/17/94 10:42 $35.00 3/007
F 0238 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 9, 66.00
FEET;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 9, 311.50
FEET;
BEGINNINCE G.
4. AT RIGHT ANGLES 66.00 FEET TO THE TRUE POINT OF
4. In all other respects, the owners and lienholders whose
signatures appear below desire to affirm the provisions of the
original Declaration of Covenants, Conditions and Restrictions of
the Ridge West Commercial Condominiums as that document was
recorded on June 17, 1980.
IN WITNESS WHEREOF, at least two-thirds (2/3) of the owners
whose signatures are required for amendment and seventy-five
percent (75%) of the first mortgagees chose signatures are required
for amendment have executed this Second Amendment to the
Declaration of Covenants, Conditions and Restrictions for the Ridge
West Commercial Condominiums with the intent that it become
effective upon the date of its recording with the Clerk and
Recorder of Weld County.
OWNERS
BUILDING A, UNIT 1
Am..0..,. -�
S M. RICHARDSON, III CINDI J. RICHARDSCN
BUILDING A, UNIT 2 NG A, UNIT 3
STEPHEN R. ARCENAUX GIBS
BUILDING A, UNIT 4
O ONA ANNABELLE M. CANZONA
BUILDING A, UNIT
i eiX) �� U
FL. OpER —
SHARON CROPP R �
3
B 1447 BBC 02393788 06/17/94 10:42 !35.00 4/007
F 0239 MARY ANN FHUERSTEIN CLERK & RECORDER WELD CO, CO
BUILDING B, UNIT 1 BUILDING = UNIT 2
t
MATTHEW J. M�IrL
LBER JO DENNIS GIBSON 1
BUILDIN 8, UNIT 3 BUILDING B, UNIT 4
z2Y , "eA4
JO T &ENNIS BSON MATTHEW J. MIT MR
LIENHOLDERS
BUILDING A, UNIT 3 AND BUILDING A, UNIT 4
LOT A, RECORDED EXEMPTION
NO. 0959-09-1-RE1237 UNION COLONY BANK
1ST CHOICE BANE By' it `` i) By: ffaa /(D -
BUILDING A, UNIT 5 BUILDING B, UNIT 3
i- FRANCIS ENERGY, INC. ,
shi / ' P� Profit Sharing P:,an
INTU� C: FULLER��
: �L��✓-7—'
--
STATE OF COLORADO )
) as.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to before as
this I6 ' day cf Miss , 1994, by JAMES H. RICHARDSON and
Q� OINJI J. R? MissIIARDSON. -
WITNESS my hand and official seal.')F.ao Q ee1z_ d 1\
/v "v y0. .y Notary Public
i s aGa A My Commission Expires:
lo: r .b
st p t• /1 .: My 0Gtnrn,s Wn tyres F@Dgl2ly3, (997
‘464..'"'
4
B 1447 REC OF 0240 MARY ANN 3FZUEPS 06/17/94 10:42
TEINCL3RR & RECORDER WELD CO, CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoin strument was subscribed and sworn to before me
this day of , 1994, by STEPHEN R. ARCENAUX.
WITNESS my hand and officia al.
Notary Public
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The Ur
instrument was subscribed and sworn to before me
this Ur' day ofSt.,.A. , 1994, by JOHN DENNIS GIBSON, aka
DENNIS GIBSON, as Owner of Building A, Unit 3; Building B, Unit 2;
and Buildi it 3.
toLiato
WI and official seal.
A‘saTARy
° • Plate‘ ° Notary Publ --
4 OFcO°�'3� My C mmi.ssi Expires:a2-2,rlfifil
STATE OF CO
) ss.
COUNTY OF WELD )
this het`foregoing inptrument was subscribed and sworn to before me
day of ...Husks. , 1994, by THOMAS J. CANZONA end
WITNESS my hand and official seal.
vitAR0 Notary Publ c
. r0-0- i* MY Commission xpires: A.a (9?8
• /3001st tee
7J4,0Ogr
S
B 1447 RBC 02393788 06/17/94 10:42 135.00 6/007
P 0241 MARY ANN FBUBRSTBIN CLERK & RECORDER WELD CO,, CO
STATE OF COLORADO )
ss.
COUNTY OF WELD )
Th foregoing instrument was subscribed and sworn to before me
this / day of .7(4,,0 , 1994, by F. L. CROPPER and SHARON
CROPPER. utt�ni,
WITNESSflicial seal.
• Lusi
(•a4%
�OTA����
Cr
Publ c y Commission ices:STATE OF COL
) ss.
COUNTY OF WELD
Theeoregoing.instrument was subscribed and sworn to before me
this /Cr day of -Jima, 1994, by MATTHEW J. MILLER, as Owner
of Building B, Unit 1 and Building B, Unit 4.
te
SJ
and official seal.
p �Notary Public(3pF My Commission Expires: 2-'L-n %STATE OF )
) ss.
COUNTY OF WELD )
The foregoinqlinstrument was sub cribed ar:d•sworn to before me
this / day of 1 94, by 41.1 i�lr. 1_4tW
known WO me to be the of 1ST CHOICE BANK.
WITNESS my hand and official seal.
.,;ECEy
01.44% Notary Public
.; 11( o„a; * My Commission Expires: ,t' .y. yg
"a o '�Y
by 00,p�BL1C
Or
6
B 1447 NEC 02393788 06/17/94 10:42 $35.00 7/007
F 0242 MARY ANN FEUERSTEIN CLERK & RECORDER WILD CO, CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
T c wo
foreyoingj.nstrument was subscribed and rn tg bef a me
this day of -ILL.—a- , 199y, w..,IS Choi'
known to me to be the kAto_ of f UNION COLONY BANK.
WITNESS official seal.
P$ )
BL,C N�Public
o My Commission E ires:
� :1-STATE OF COLA CO CQ
ss.
COUNTY OF WELD )
Thforegoingstrument was subscribed and sworn to before me
this .liR_ day. of , 1994, by QUINTUS C. FULLER.
WIT1lL$5�lik liaAriand official seal.
:.� ... .
�;
�lxt 1;:l itigee
u
nUBtA.•' oa Notary lice)
o�w...` w My Commission Expires: ,_ -2. -/C�'�
c
STATE OF COT )
) ss.
COUNTY OF WELD
Th%foregoing instrument was subscribed and sworn to before me
this I6 day of S(.�^ ', 1994, by AIt�Y D `1'Ira...c.(S
known to me to be the 41,,.:Q� �{��` of FRANCIS ENERGY, INC. ,
Profit Sharing Plan.
WITNESS my hand and official seal.
k
recs
k,g0EGEku U (ith
Notary Public
, My Commission Expires: c ^ 9C�1
7
B 1271 MEC 0222221688/03/90 16:42 425.00 1/005
AR2222281 F 1758 MARY ANN FTETE CLERK A RECORDER WELD CO, CO
FIRST SUPPLEMENT
IQ
UONDOMINIOK DECLRRATION
I48
Baca INEILSIMMTMLMNIVIIIIMEI
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, C. G. AND C. PARTNERSHIP, a Colorado
Co-Partnership, recorded a Condominium Declaration for Ridge West
Commercial Condominiums in Book 906, under Reception No. 1827714,
of the real estate records of the Clerk and Recorder of Weld
County, Colorado, and;
WHEREAS, the provisions of paragraph 3 of the recorded
Declaration reserves to Declarant the right to enlarge this
condominium property by submitting additional real property and
improvements to this condominium complex, such additions to this
condominium project to be expressed by the filing of a Supplemental
Map, and;
WHEREAS, MATTHEW 3. MILLER, has acquired title to the
property which is the subject of this First Supplement and will be
subsequently referred to as the "Declarant" because he is an assign
of the original Declarant of the Condominium Declaration for Ridge
West Commercial Condominiums as Recorded in Book 906, under
Reception No. 1827714, and;
WHEREAS, Declarant has filed for record a First
Supplement Map to said project said First Supplement Map being •
recorded on [htt ua} 3 , 1990, in Book /Dg/ , under
Reception No. afaZ?a 80 , Weld County records, which said
First Supplement Map describes the property on the attached
Exhibit "A", annexed hereto and by this reference made a part
hereof, and;
WHEREAS, Declarant has completed the construction of an
additional building and other improvements on the separate
adjoining real property which is described on said First Supplement
Map, and is described on Exhibit "A" attached hereto, and;
WHEREAS, Declarant does hereby submit to this condominium
project such additional improvements and real property;
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, covenants, conditions, easements,
restrictions, uses, limitations, and obligations shall be deemed to
run with the land, shall be a burden and a benefit to the
Declarant; its successors and assigns, and any person or entity
8 1271 REC 02222281 08/03/90 16:42 25.00 2/005
F 1759 MARY ANN FEUERSTEIN CLEFS & RECORDER WELD CO, CO
acquiring or owning an interest in the real property and
improvements, their grantees, successors, heirs, executors,
administrators, devisees, or assigns.
1. Division of Property into Condominium Units.
The real property described on Exhibit "A" and the
improvements thereon are hereby divided into the fee simple estate
as is set forth on Exhibit "8" annexed hereto and by this reference
made a part thereof. Each such estate shall consist• of the
separately designated unit and the undivided interest in and to the
general common elements appurtenant to each unit as set forth
herein.
2. Condominium Mar.
The First Supplement Map has been filed in
accordance with paragraph 3 of the original Declaration filed in
this matter. The Map was prepared subsequent to substantial
completion of the improvements thereon. Said Map describes the
property described on Exhibit "A" attached hereto and incorporated
herein by this reference. Except as is provided herein, all of the
provisions of paragraph 3, of the recorded Declaration which are
not contradictory to the specific provisions hereof are
incorporated herein by this reference.
3. Descrintion of Condominium Unit. _.
unit written prior toetthhecfiling foract rrecord of e sale of a the Map oorithis
Supplement to Declaration may legally describe a condominium unit
by its building symbol and unit designation, followed by the name
of this condominium.
(b) Every contract, deed lease, mortgage, trust
deed, will, or other instrument may legally describe a condominium
unit by its building symbol and the unit designation, followed by
the name of this condominium, with further reference to the Map,
Supplement to Declaration, and the Declaration, filed for record.
Every such description shall be construed to include a
non-exclusive easement for ingress and egress to an owner's unit
together with the right to the exclusive use of the limited common
elements, if any, appurtenant thereto.
4. bcceptance of Provisions of All Documents.
The conveyance or encumbrance of a condominium unit
shall be deemed to include the acceptance of all of the provisions
of the original Declaration, any amendments thereto, this First
Supplement thereto, the Articles of Incorporation and Association
By-Laws and Rules and Regulations and shall be binding upon each
grantee or encumbrancer without the necessity of inclusion of such
2
Is 1271 REC 02222281 08/03/90 16:42 *25.00 3/005
F 1760 NARY ANN FEUERSTEIN CLERK Q RECORDER WELD CO, Co
an express provision in the instrument of conveyance or
encumbrance.
5. Common Expense and Voting.
As is provided in paragraphs 19 and 21 of the
Declaration, the common expenses shall be assessed among all of the
condominium units. Reference is made to that portion of
Exhibit "B" hereof which assigns to each condominium unit an
appurtenant undivided percentage interest in and to general common
elements, all in accordance with paragraph 3 of the Declaration.
Said Exhibit "B" attached hereto is incorporated herein by this
reference.
6. General.
(a) Except as is otherwise provided by the
provisions of this Supplement, all of the provisions contained in
the Declaration are made a part of this Supplement.
(b) If any of the provisions of this First
Supplement to the Declaration or any paragraph, sentence, clause,
phrase or word, or the application thereof in any circumstance be
invalidated, such invalidity shall not affect the validity of the
remainder of this instrument, and the application of any such
provision, paragraph, sentence, clause, phrase or word in any other
circumstances shall not be affected thereby.
(c) "Declarant" as used herein means the named
Declarant, his successors and assigns.
(d) The provisions of this First Supplement to the
Declaration shall be in addition to and supplemental to the
Condominium Ownership Act of the State of Colorado, and to all
other provisions of law.
(e) That whenever used herein, unless the context
shall otherwise provide, the singular number shall include the
plural, the plural the singular, and the use of any gender shall
include all genders.
(f) Paragraph titles are for convenience of
reference and are not intended to limit, enlarge or change the
meaning of the contents of the various paragraphs.
IN WITNESS WHEREOF, Declarant has duly executed this
Declaration this / sf day of Air* , 1990.
O rr a. On:le
MATTHEW J. MIDLER
3
81 F 1761 MARY0ANN2FEUERSTEINlCCLERK &6RRECORDER.WWELD CO,
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Th orego ng instrument was acknowledged before me this /sr
day o� , 1990, by MATTHEW J. MILLER.
........ 'hand and official seal.
07AR •. � y .
* !�¢,-o- {c es k 3 /
- � P C
Address: 3 'd!lJ
�a�� � liviedo
+Is A i'•.. = My Commission Expires: 9.,�5,40≥3
OF•f
LIENnOLDERlS CONSENT
KNOW ALL MEN BY THESE PRESENTS that the Lienholder
identified below has examined this First Supplement to the Ridge
West Commercial Condominium, and hereby expressly consents to and
ratifies the creation of the First Supplement to Ridge West
Commercial Condominium.
By k)144.*
u t 1.l1.a,:Id►_
\`\'' i f ''' E SEE CENTRAL BANK,
t.
fitp C4PORADO
7}I' ..p.p�p. u. �t ) SS•
instrument a 0y1pdged before me this /41c day of
, 1990, by 409 yoa/.iJ for BRESLUY CENTRAL BANK EY, N-A
WITNESS my hand and official seal.
trey ]?ubl c /0�
Address:
My Conti sion sres: p. V93
• 4
B 1271 RISC 02222281 08/03/90 16:42 525.00 5/005
F 1762 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
=IBIT "A"
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 9, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL
MERIDIAN, WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9 (SAID
NORTH QUARTER CORNER BEING THAT BEING RE-ESTABLISHED AND AS NOW
RECORDED) AND CONSIDERING THE NORTH LINE OF SAID NORTHEAST QUARTER
TO BEAR SOUTH 89' 03' 55" EAST AND WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 89' 03' 55" EAST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER, 962.89 FEET, MORE OR LESS (RECORDED PREVIOUSLY
AS 978.55 FEET AND/OR 966 FEET) ;
THENCE SOUTH 00. 05' 22" EASt, 38.52 FEET (RECORDED PREVIOUSLY AS
42.30 FEET) TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 34 AND AN EXISTING MONUMENT;
THENCE SOUTH 89' 07' 14" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,
25.00 FEET;
THENCE SOUTH 00' 05' 22" EAST, 239.58 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 89' 54' 38" EAST, 107.09 FEET;
THENCE SOUTH 00' 06' 54" EAST, 198.89 FEET;
THENCE NORTH 89' 07' 14" WEST, 107.19 FEET;
THENCE NORTH 00. 05' 22" WEST, 197.08 FEET TO THE TRUE POINT OF
BEGINNING.
EXHIBIT "B"
ADDuurtenant Undivided Percen sa
Building Unit Interest In and To Gejieral Common Elements
A 1 1/9
A 2 1/9
A 3 1/9
A 4 1/9
A 5 1/9
B 1 1/9
B 2 1/9
B 3 1/9
B 4 1/9
1266 RISC
801 90 AR22168( % F 1859 MARY 0ANN 6FEUERSTEIN/CLERK 63 RECORDER MELD CO, CO
FIRST AMENDMENT TO THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
THE RIDGE WEST COMMERCIAL CONDOMINIUMS
A CONDOMINIUM PROJECT LOCATED
IN THE COUNTY OF WELD AND STATE OF COLORADO
KNOW ALL MEN BY THESE PRESENTS,
THAT WHERAS , on June 17, 1980 CG and C Partnership, a
Colorado Co-Partnership, as Declarant caused to be recorded a
Declaration of Covenants, Conditions and Restrictions of Ridge
West Commercial. Condominiums under Reception No. 1827714 in Book
906 of the real property records of the Clerk and Recorder of
Weld County, and;
WHEREAS, paragraph 30(b) describes the procedures for amend-
ment to the Declaration, and;
WHEREAS, those owners and lienholders whose signatures
appear below desire to amend the Declaration in accordance with
tte procedures of paragraph 30(b) .
NOW THEREFORE, the owners and lienholders whose signatures
appear below do hereby publish the following amendment to the
Declaration of Covenants, Conditions and Restrictions of the
Ridge West Commercial Condominium, which is a condominium project
located in the County of weld and State of Colorado.
1. The provisions of paragraph 3(b) at set forth on page
4 of the original Declaration are hereby revoked and replaced
with the following amended language:
"3. Division of Property in the Condominium Units:
(b) Declarant hereby expressly reserves the
right (without in any way being found) to enlarge
this condominium project by constructing addition-
al condominium buildings, and other condominium
units on real property within the exterior bound-
aries of the real property described in Exhibit
"C" Any such addition(s) to this condominium
project may be submitted by the Declarant, and _
such submission(s) shall be expressed in and by a
duly recorded supplement (s) to this Declaration,
and by supplement(s) to the map filed for record,
provided, however, that no addition to or enlarge-
ment of this condominium project shall be permiss-
ible after fifteen (15) years from the date that
this condominium is placed of record in the real
estate records of the Clerk and Recorder of Weld
County, Colorado."
1
B 1266 REC 02216801 06/13/90 09:34 025.00 2/005
F 1860 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO
2. In all other respects, the owners and lienholders whose
signatures appear below desire to affirm the provisions of the
original Declaration of Covenants, Conditions and Restrictions of
the Ridge West Commercial Condominiums as that document was
recorded on June 17, 1980.
IN WITNESS WHEREOF, at least two-thirds of the owners, whose
signatures are required for amendment and seventy-five percent
(75%) of the the first mortgagees whose signatures are required
for amendment, have executed this Amendment which will become
effective upon the date of its recording by the Clerk and
Recorder of Weld County.
OWNERS
Unit 1
J ai( es M. R ch n, III (:414.4‘alciseo(ntid-4
STATE OF COLORADO )
Ss.
COUNTY OF WELD
Subscribed and sworn to before me this is day of June,
1990 by James M. Richardson and Cindi J. Richardson as owners of
Unit 1.
Witness my hand and official seal.
My commission expires: .2- 2— (QQC( `o3 .
Units 2 and 3 Notary Pu c 4/43 •
1�fln`
St en R. Arceneaux —
.
u
STATE OF COLORADO )
) ss. •
COUNTY OF WELD
Subscribed and sworn to before me this i day of June,
1990 by Stephen R. Arceneaux as owner of Units and 3.
Witness my hand and official seal. ,«+"•
My commission expires: 2-2-- Q„( ;^�dQ1OJ Yo
• o AG;
orteo
Notary ub cce
2
B 1266 AEC 02216801 06/13/90 09:34 $25.00 3/005
F 1961 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
Unit 4
Thomas J nzon64°. _ �s �t 46I1 1�.a e anz a /
STATE OF COLORADO )
) ss. _
COUNTY OF WELD
Subscribed and sworn to before me this tly day of June,
1990 by Thomas J. Canzona and Annabelle M. Canzona as owners of -
Unit 4.
Witness my hand and official seal. ��.•+3plo9 Io
My commission expires: 2, - 2—Irf4y _ op r :�
Icoot, •
Unit 5 Notary Public 4411011
1lOt
Richard M. Lucio •
STATE OF COLORADO )
ss.
COUNTY OF WELD
Subscribed and sworn to before me this day of June,
1990 by Richard M. Lucio as owner of Unit 5.
Witness my hand and official seal.
My commission expires:
Notary Public
LIENHOLDERS
Unit 1
KERSEY TATE BANK
By: Title: �� .
JTA'TE OF COLORADO )
ss.
COUNTY OF WELD )
Subscribed and sworn to before me this 7"" day of June,
1990 by („Avwl N au ac�a wst&.e as
3 v
B 1266 REC 02216801 06/13/90 09:34 *25.00 4/005
F 1862 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
..PiA°' k of Kersey State bank as
lienholder of Unit 1.
•
Witness my hand and official sea
My commission expires: 2 -2 ^t CE ,.o•`r ...•
QpC�Oct .••01 94 . ••
Notary Public� ._,L. .14 a
Units 2 and 3 !; *L.
lO!)
,
FARMERSAA}TIONA Apjkl
///� `^)��h',
By: 14� Title : y4'. �'�'•. .
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) N�,,,,,,, ,,
,.0tOta- Grp,..
Subscribed a sworn to before me this t 2 day c . dv
199R by (00444.x, • dr.' 0 alff ,. e —
n424.4 o : '••1S of Farmers Nat o
as lienho der of Units 2 and 3. 1.,-;.#1#D10
&J, 1dy10 p
Witness my hand and offigia) seek. et/0i;90,1w. •
My commission expires: �t``ii�Z
(9----- 'mo 4„,4w 3ON
& PUbfl
Unit 4
„,2,;;...:;, ,,,,i5„...___
,,,,,
homas J. zon A a Canz na
STATE OF COLORADO ) (/
) $S.
COUNTY OF WELD )
Subscribed and sworn to before me this G day of June,
199O by Thomas J. Canzona and Annabelle M. Canzona as lienholders
of Unit 4,
Witness my hand and official seal.
My commission expires: 2.- 2 — Mc
Notary Pu lic 10) y
4
•
8 1266 EEC 02216801 06/13/90 09:34 825.00 5/005
F 1863 MARY ANN FEUERSTEXN CLERK 6 RECORDER WELD CO, CO
Unit 5
UNITED BANK OF GREELEY, N.A.
a national banking associar. n
BY: 44aia-Sid t Title: .,(24e:� ..Gspvez;ae
STATE OF COLORADO )
) 38.
COUNTY OF WELD
Subscribed an syorn t be re me this �a- day of June,
19�9e0 by 4640 41,742%, I:{.+) (gyp(
Gre ey, N A as 1 elltrder of Unit 5. o the Un tetJ l— ofS
Witness my hand and official ae�
My commission expires: 2.- ≥ - t �{ y,0�a'
•
Notary Public
x yoi
'� 'fbd10 l
5
r. REFERRAL LIST
Name: Tom Canzona Caae#: AmSPR-209
County Towns & Cities Fire Districts
_Attorney _Ault _Ault F-1
—-Health Department _Berthoud _Berthoud F-2
_Extension Office _Brighton Briggsdale F-24
_Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3
z-Sheriffs Office _Eaton _Eaton F-4
2-Public Works _Erie _Fort Lupton F-5
_Housing Authority _Evans _Galeton F-6
_Airport Authority _Firestone _Hudson F-7
Building Inspection _Fort Lupton _Johnstown F-8
zCode Compliance S.-Ann_N-Beth _Frederick _LaSalle F-9
Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10
_Lin (Addressing Change of Zone) _Gilcrest z Milliken F-11
_Ambulance Services z Greeley _Nunn F-12
_Grover _Pawnee F-22
State _Hudson _Platteville F-13
Div._ of Water Resources _Johnstown _Platte Valley F-14
Geological Survey _Keenesburg _Poudre Valley F-15
_Department of Health _Kersey Raymer F-2
zDepartment of Transportation _LaSalle _Southeast Weld F-16
_Historical Society _Lochbuie _Union Colony F-20
_Water Conservation Board _Longmont _Wiggins F-18
_Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17
_Milliken
Division of Wildlife _New Raymer
_South Hwy 66 (Loveland) _Northglenn
_North Hwy 66 (Greeley) _Nunn
_Division of Minerals/Geology _Pierce Commissioner
_Platteville
Soil Conservation Districts _Severance
_Big Thompson/ FTC _Thornton
_Boulder Valley/Longmont _Windsor
_Brighton/SE Weld
_Centennial Counties
_Greeley/West Greeley _Adams
_Platte Valley _Boulder
_West Adams _Broomfield
_Little Thompson _Larimer
Federal Government Agencies Other
US Army Corps of Engrs _School District RE-
_
_USDA-APHIS Vet Service _Central Colo. Water Cons
_Federal Aviation Admin (Structures _RR
over 200 ft or w/in 20000 ft of Pub _Ditch Company
Airport _Art Elmquist (MUD Area)
_Federal Communications Comm
DECEIVED ON Add/51
ej County pjannln MAY 12 2005
GREREVOFFCEpartment CDOTRe&oa4TrafficSection BuS
JUN 17 2005 Weld County Referral
WIND€JttcEfl,,COLORADOED May 10, zoos
The Weld County Department of Planning Services has received the following item for review:
Applicant
Tom Canzona
Please Reply By June 7, 2006 Case Number AmSPR_209
Project Planner
Site Plan Sheri Lockman
Review
Legal Unit 4 Big C Ridge West Commercial; Pt N2NE4 of Section 9, T5N,
6th P.M., Weld County, Colorado.
Location R66W of the
South of and adjacent to 10`"Street. approximately 1600 feet west of 59
For a more precise loc
ation, see legal. "Avenue.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any
consider f relevant to this request would be appreciated. Please reply
give dllrelevantt consideration to the above comments listedordate s recommendation tyou
give to be a your recommendation. Any response not received before oron this date we amay
ns
regarding deemedpositive response to the Department of Planning
the application, please call the Planner associated with the re If you have any h may be
information may be added to applications under review
examine or obtain this added
toap additional information, . If you desire to quest. Please note that new
during the a review of process. If you desire to
please call the Department Planning Services.
UZi We have reviewed the request and find that it does/does not comply
We have reviewed the request and find
q P y with our Comprehensive Plan See attached letter. no conflicts with our interests.
Comments: No
•
Signature I I II
� - l LQ
s b
Agency C 4
Date
t Weld County Planning Dept +918 10"Street
Greeley, Co.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
It
I
Signature I[(/`1` I. • / 5
Agency �r y�
^^q h Date
:•Weld County Planning Dept. x•916 101"Street, Greele , CO.80631 ^(970)353-6100 ext.3540 :•(970)304-6498 fax
ar�y - I Jd rr cp� I
Jun 15 05 12: 50p Civil Resources 3038332850
•
; t cr;E
‘1)t441.1
ntarl
Weld County Referral
WilgC. May 10, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tom Canzona Case Number AmSPR-209
Please Reply By June 7, 2005 Planner Sheri Lockman
Project Site Plan Review k
Legal Unit 4 Blg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the
6th P.M., Weld County, Colorado.
Location South of and adjacent to 10`" Street. approximately 1600 feet west of 59`1 Avenue.
For a more precise location, see legal.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
-16 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature
Agency Date tpp(( tJ�J
:•Weld County Planning Dept. 4918 10th Street, Greele ,CO. 80631 4(970)353-6100 ext.3540 +(970)304-6498 fax
sorry — I !JM 2c-6/z t\k
IIWeldCouny e e
CMay 10, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tom Canzona Case Number AmSPR-209
Please Reply By June 7, 2005 Planner Sheri Lockman
Project Site Plan Review
Legal Unit 4 Blg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the
6th P.M., Weld County, Colorado.
Location South of and adjacent to 10'" Street. approximately 1600 feet west of 59th Avenue.
For a more precise location, see legal.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
U See attached letter.
f 7 _ - /
Comments: /� //Lir) � r'i.i, r i i � i�/.G/ 't7;. ' .Cr y' . '�Mj..f`
Signature t r d
Agency Date
❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 4(970)353-6100 ext.3540 :•(970)304-6498 fax
r„
iii-t ‘r--- ,
(;. p' County Referral
S IS, IWIiDc
May 10, 2005
COLORADO -wwFFNN' ? II _;cis �pp
The Weld County Department o'PI'anDning tervices has��receivedr e following item for review:
Applicant Tom Canzona Case Number AmSPR-209
Please Reply By June 7, 2005 Planner Sheri Lockman
Project Site Plan Review
Legal Unit 4 Blg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the
6th P.M., Weld County, Colorado.
Location South of and adjacent to 10th Street. approximately 1600 feet west of 59th Avenue.
For a more precise location, see legal.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑�e have reviewed the request and find no conflicts with our interests.
,. S
ee attached letter.
Comments:
jaal1
SignatureI 4,-/q-as-
Agency tess4,14_4_ ( ,.--' Date
t Weld County Planning Dept. +918 10th Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
(it?t, County Planning Department
r2FFl FY OFFICE
MEMORANDUMIN , 5 zoos
RECEIVED
TO: Sheri Lockman, Planner II DATE: June 14, 2005
CFROM: Donald Carroll, Engineering Administrator IY`
• SUBJECT: AmSPR-209, Tom Canzona
COLORADO
The Weld County Public Works Department has reviewed this proposal; the project falls primarily under the Site
Plan Review Standards, Weld County Code, Section 23-2-160. Our comments and requirements are as follows:
COMMENTS:
Access: The access is from US Highway 34 Business. The approach has been asphalted and accommodates
several metal commercial structures at this location.
REQUIREMENTS:
Parking: Additional parking spaces shall be identified on the plat drawing in the section north and adjacent to the
west property boundary. The parallel parking area/drainage easement is being identified as additional parking. All
additional spaces shall be designated on the plat.
On the plat drawing, the optional parking (four spaces) identified between the metal buildings is being utilized for
storage. These parking areas cannot be counted in the total available spaces. Re-label and indicate as outdoor
storage.
Trash Receptacle: The trash receptacle has been relocated and would take up one additional parking spot.
The two parking spots adjacent to the outcropping of the main building identified as Building B directly across from
the trash receptacle shall not be used as parking.
Storm Water Drainage: At the existing site,there are two existing graded inlet structures in place. The additional
parallel parking/drainage swale has been used to collect run-off from the paved parking area and direct storm water
to both inlets. This appears to function adequately for the existing site.
Summary: Rework the plat drawing and include the identification of the additional parking areas,eliminate parking
spaces as noted, and identify outdoor storage between buildings. Once these items have been placed on the plat
drawing, resubmit for review and approval.
pc: AmSPR-209 M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\AmSPR-209,Tom Canzona.doc
Weld CouGnty REELEY "Gt. rtment
JUN 10 2005 MEMORANDUM
CE%V ED
TO: SHERI LOCKMAN,PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ( Y
IlDC. DATE:
SUBJIECT:AMSPR-209E 008200 TOM CANZONA
COLORADO CC:
Environmental Health Services has reviewed this proposal for a church. We have no
objections to the proposal, however, we do recommend that the following conditions be
part of any approval:
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,
as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S., as amended.
6. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
7. The facility shall utilize the existing municipal sewage treatment system. (City of
Greeley)
8. The facility shall utilize the existing public water supply. (City of Greeley)
9. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
2
„..... ,........
ri
Weld County Referral
(ii- tri;:s\:,
"'ligC� May 10, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tom Canzona Case Number AmSPR-209
Please Reply By June 7, 2005 Planner Sheri Lockman
Project Site Plan Review
Legal Unit 4 Blg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the
6th P.M., Weld County, Colorado.
Location South of and adjacent to 109' Street. approximately 1600 feet west of 59th Avenue.
For a more precise location, see legal.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan d❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature >-LI .e.et-tte -4t-, c/v/c r
Agency g ,s, 7,,,,,.,/-2-,,_ Date
❖weld County Planning Dept. ❖918 10"Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
0 1-1
DEPARTMENT OF PLANNING SERVICES
918 10`"streetGREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
I E-MAIL:fpiacent@co.weld.co.us
C. PHONE
0, EXT. 3540
FAX (970) 304 6 98
COLORADO
Project: Site Plan Review
Case Number ; Am SPR-209
Legal : Unit 4 Big Ridge West Commercial ;Pt N2NE4 of Sec 9,T5N, R66W of the 6th P.M.Weld Couinty
Co.
1. A building permit shall be obtained prior to the construction of any new building or remolded of
existing
2. A plan review is required for each building for which a building permit is required. Plans for each
building shall include a floor plan and in the warehouse floor plans shall include the method of storage.
Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code;
2002 National Electrical Code and Chapter 29 of the Weld County Code.
4. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer.
5. The space will be clased as a A-3. Table 503 will require the building to be of type V-B construction.
Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Zoning Ordinance.
6. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
Please contact me for any further information regarding this project.
Sincerely,
Frank Piacentino
Plans Examiner
Weld County Building Inspection
Service,Teamwork, Integrity,Quality
t7***4Tho,
(is
Weld County Referral
WI I D C� May 10, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tom Canzona Case Number AmSPR-209
Please Reply By June 7, 2005 Planner Sheri Lockman
Project Site Plan Review
Legal Unit 4 Blg C Ridge West Commercial; Pt N2NE4 of Section 9, T5N, R66W of the
6th P.M., Weld County, Colorado.
Location South of and adjacent to 10th Street. approximately 1600 feet west of 59th Avenue.
For a more precise location, see legal.
Parcel Number 0959 09 102013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ W ve reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature I 0 _ -O)o as-
Agency /.€ Date
❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• j
OFFICE OF COMMUNITY DEVELOPMENT
a
City of Planning Division
Greeley 1100 10"Street, Suite 202, Greeley, Colorado 80631 • (970)350-9780 • Fax(970) 350-9800
• www.greeleygov.com
Weld County Planning Department
GREELEY OFFICE
May 25, 2005 MAY 2 7 2005
RECEIVED
Sheri Lockman
Weld County Department of Planning Services
1555 N. 17"' Avenue
Greeley, CO 8063
Subject: AmSPR-209
Ms. Lockman:
Thank you for the opportunity to review this Site Plan Review for a Church in the C3 (Commercial)Zone
District. The City of Greeley Planning staff has reviewed the application for this AmSPR from Tom
Canzona located at 6250 West 10"' Street,#4 and wish to forward the following comments:
This proposal is within an enclave of county within the City of Greeley. The City of Greeley is actively
annexing enclaves. I his enclave is scheduled for annexation in 2006.
It appears the covenants for this property must be modified to allow any use except warehousing: Item
13. Use and Occupancy of Condominium Unit.
It is suggested that landscaping be placed along the north side of this property with this change of use.
There is approximately 34 feet of available space from the right-of-way on 10th Street to the building that
could be landscaped. Currently it appears all that is in this available space are weeds.
It is suggested that handicapped parking be provided on site. Per the applicants narrative,the only
improvements planned for the exterior of the site will be striping of the existing parking lot,even though
at least 14 of the proposed parking places are on gravel and not on the asphalt parking lot.
Sincerely,
t„
y1
(arming Thnician
SERVING OUR COMMUNITY • I T ' S A TRADITION
79e promise to preserve ancfimprooe de yualty°fife for 9reeley 1hrou94limel, courteous and cosi e/iedive service.
Weld County Sheriff's
Office
M e mo Weld County Planning Department
GREELEY OFFICE
MAY 1 6 2005
To: Sheri Lockman
From: Ken Poncelow RECEIVED
CC:
Date: May 14,2005
Re: AmSPR-209
Sheri, the Sheriffs Office approves this plan. Please notify the developer/ owner that the
Sheriffs Office would be willing to assist in the development of a security plan for the site free
of charge. If this is of interest, please have them contact me.
1
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
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
Road File#: Date: J jay 2 , 2005
RE # : Other Case #: SYR 2.09 Case File
6250 W 10 Street 1994
1. Applicant Name Tom Canzona Phone 396-5225
Address 6268 W . 10th Street Unit A City Greeley State CO Zip 80634
2. Address or Location of Access 6250 W. 10th Street , Greeley , CO 80634
Section 9 Township SN Range _66w Subdivision •J ow° Block Lot
Weld County Road #: St Hwy 34 Side of Road Distance frromsnearest intersection 3 Blocks
3. Is there an existing access to the property? Yes X No # of Accesses 1
4. Proposed Use:
D Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial j.1 Other rimrcll,
***********************************************************************************************************
5. Site Sketch
Legend for Access Description:
AG
= Agricultural
RES = Residential ___J L_.
O&G = Oil &Gas
D.R. = Ditch Road QI-
In = House s
O = Shed
A = Proposed Access ( x 1.
• = Existing Access X02. W IQ's+• 0
Ni
*************************************** -1 59te, f
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized LI Information Insufficient
Reviewed By: Title:
-6-
RECORDED EXEMPT/ON NO. 0959 - 0 9- I -R E 1237
SHEET 2 OF 2 } -•IliElit
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LOCATION MAP
rNorth Quarter Corner SCALE: 1" 2000'
Sec. 9, T 5N, R. 66 W A North Quarter
' (en/se/CO'(en/se/CO' 'x') Car., Sec. 9
-US. Hwy. 34
9 9°03'55"E Soo•as'zz•'6 9.52' U.S. Highway 34 (West /0th 4treef)i
962.89' / '-
96Q• 't( Troe Point af.9e i" o Sev-aT•/.-e fit._— - __ i
•
r. 9.1_1 /07.00 _i tg 962.e9' • --mt.,/ A
1
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h Lot A `\V7..0. wj >
Easemen Access 25546 sf I Line Q
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56056 g•g :0,3
SURVEYOR'S CERTIFICATE
0
l) (/.287 ac.) I I DO.HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER
ch MY SUPERVISION; AND THAT THE SAME IS CORRECT TO THE
co
. BEST OF I1Y KNOWLEDGE AND RELIEF.
M 1-fQI '' t t
r
GERALD D. McRAE, PROFESSIONAL ENGINEER ,. f
AND LAND SURVEYOR, COLORADO REG. NO. 6616 " — "' '
r e
l
( - l
,,S ht te'�
I96.lt' /32.26'
Mcf1AE & S11CMT, INC. 1231 - 0th Avenua GrenInv enlnrnrl. nnrri I
AIMIIIII IIII HIMIIII HIM 11111 III IIIII IIIIIIIO
044 3137044 12/19/2003 09:42A Weld County, CO
1 of 2 R 11.00 0 33.45 Steve Moreno Clerk&Recorder
r7�1� WARRANTY DEED
THIS DEED, Made this i IT ' . day of December, 2003 between
G. Bradford Hiett
of the County of Weld and
State of CO, grantor, and
9F Thomas J. Canzona and Annabelle M. Canzona
Pwhose legal address is 1410 38th Avenue, Greeley, CO 80634
of the County of Weld and State of CO, grantees:
WITNESS that the grantor for and in consideration of the sum of THREE HUNDRED THIRTY
FOUR THOUSAND FIVE HUNDRED AND 00/100, ($334,500.00) Dollars, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantees, their heirs and assigns forever, not in tenancy in common but in JOINT
TENANCY, all real property, together with improvements, if any, situate, lying and
being in the County of Weld and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 6250 W. 10th St.#4 & 6268 W.10th St.#A, Greeley, CO
80634
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2003 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
inThe grantor shall and will. WARRANT AND FOREVER DEFEND the above-bargained premises
ainst quiet and peaceable possession of the grantees, their heirs and assigns,
against,all and every person or persons lawfully claiming the whole or any part
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed_ on
G. Bradford nn the date set forth above.
rH C
Hiett
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 11:12% day of December, 2003
by G.
Z�+' ":�C Witness my hand and official seal.
My commission expires July
NANCY A. ' 18, 2004
LOHR ?1p
JAY
F �O pO 1009 37th veNOCARY
9y.......... -'0 PUBLIC
OF CO
No. 921A. -85 634. 101
. Greeley, COLORADO 80634
Lie
1111i11 IIIII mI 11111111 Ell 111111[HI III HIM
3137044 12/19/2003 09:42A Weld County, C0
2 of 2 R 11.00 0 33.45 Steve Moreno Clerk&Recorder
ESCROW NO. : 70554
DATE December 15 2003
"EXHIBIT A"
LEGAL DESCRIPTION
Parcel 1
Unit 4, Building C, Second Supplement to Ridge West Commercial
Condominium, Weld County, Colorado, in accordance with the Map of
Second Supplement recorded June 17, 1994 in Book 1447 as Reception No.
2393790, and also in accordance with the Condominium Declaration
recorded June 17, 1980 in Book 906 as Reception No. 1827714, and the
Second Supplement to the Declaration recorded June 17, 1994 in Book
1447 as Reception No. 2393789, and any other Amendment or Supplement
applicable thereto.
Parcel 2
Unit 1, Building B, First Supplement to Ridge West Commercial
Condominium, in accordance with the map recorded August 3, 1990 in Book
1271 as Reception No. 2222280, and also in accordance with the
Declaration recorded June 17, 1980 in Book 906 as Reception No.
1827714, the First Amendment to the Declaration recorded June 13, 1990
in Book 1266 as Reception No. 2216801, and the First Supplement to the
Declaration recorded August 3, 1990 in Book 1271 as Reception No.
2222281, and any applicable supplement or amendment thereto.
Zed at e. M.
#74/7 lion No. Recorder.
WARRANTY DEED
THIS DEED,Made this day of ,
19 ,between RIDGE WEST COMMERCIAL CONDOMINIUM
ASSOCIATION, INC., a Colorado corporation, not-for-pro it
of the •County of Weld and State of
Colorado.grantor.and DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
whose legal address is 4201 E. arkansas Ave., Dennver, CO 80222
of the City and County of Denver and State of Colorado,grantee;
WITNESSETH,That the grantor for and in consideration of the sum of $10,250.00
Ten Thousand Two Hundred Fifty and no/100 DOLLARS.
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents does grant,bargain,sell.
convey and confirm,unto the grantee,his heirs and assigns forever.all the real property together with improvements,if any.situate.lying and being in the
County of Weld and State of Colorado described as follows:
See attached Exhibit "A" dated 6-26-96 for Project Number: NH 0342-018
Parcel Number: 16 Rev.
Project Code: 90624
2559767 8-1617 P-930 07/25/1997 10:47A PG 1 OF 2 REC DOC 1
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00
as known by street and number as:
usaart a setnedule or parcel number.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and
reversions,remainder and remainders,rents,issues and profits thereof:and all the estate,right,bile,interest,dlim and demand'whatsoever of the
grantor,either in law or equity,of,in and to the above bargained premises,with the hereditamcnts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the grantee,his heirs and assigns
forcer.And the grantor,for himself.his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,his heirs and
assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises aboveconveyed,has good,sure,perfect,absolute
and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same
in manner and f as aforesaid,and that the same arc free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature saver,except
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet andpeaceable possession of the grantee,
his heirs and assigns,against ll and every person orpersons lawfully claiming the whole or any pan thereof.The singular number shall include the plural,
the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
A est• RIDGE WEST COMMERCIAL CONDOMINIUM
ASSOCIATION. INC.. a Colorado `
corporation, not- or/-7Colora
By: Li /L -04
STATE OF COLORADO
'` 11
55.
77
County of CUs t„� J
i;:'.,dt lhigogatrumegt was acknowledged before is i,) day of c_24 ,19 72
'�e.•�•.,e L�d (saw f�, .�, s-
,.a .177 _o�ayw�� / R.47.'U.k.4 C�a•....a..r.a-,...r1 ca--=.�rrr.�.t.......� �.._
fM' s mom,^,""1" —'��' ,19 .Witness,,y hand and official seal.
its:* O\ o Or 0/.7 DV57
E e: ems . 5 c
[ 0
'If in Denver.insert"City and" Name*ad.adma of Pent Os4y NCMy Created Legal Deoivtin II na.3st0s.5,cR.a,)
No.932A.Rea 4-94. WARRANTY DEED(wr Pwegayke Ravq
Bradford Publiehh.1743 Wane St,Denis,CO 10202—(303)292-2500—4-94
•
2559767 B-1617 P-930 07/25/1997 10:47A PG 2 OF 2
EXHIBIT NAN
PROJECT NUMBER: NH 0342-018
PARCEL NUMBER: 16 Rev.
PROJECT CODE: 90624
DATE: 6-26-96
7,P.fAT, DESCRIPTION
A tract or parcel of land No. 16 Rev. of the Department of Transportation, State
of Colorado, Project No. NH 0342-018 containing .089 hectares (.220 acres), more or
less, in the NE 1/4 of Section 9, Township 5 North, Range 66 West, of the Sixth
Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more
particularly described as follows:
C„nenencing at the N 1/4 corner of section 9; Thence S. 89' 54' 31' E., along the north
line of the NE 1/4 of section 9 a distance of 293.256 meters (962.12 feet) to the east
line of book 1192 rec. f 2137855 of Weld county Records; Thence S. 0' 53' 44' E., along
the said east line a distance of 22.064 meters (72.39 feet) to the TRUE POINT OF
BEGINNING;
1. Thence S. 89' 54. 31' E., a distance of 40.431 meters (132.65 feet)to the west
line of book 862 rec. 11784336 of Weld County Records;
2. Thence N. 0' 53' 44' W., along said west line a distance of 22.064 meters (72.39
feet) to the north line of the NE 1/4 of section 9;
3. Thence N. 89' 54' 31' W., along the north line of the NE 1/4 of section 9 a
distance of 40.431 meters (132.65 feet) to the east line of book 1192 rec. f
2137855 of Weld County Records;;
4. Thence S. 0' 53' 44' E.,along said east line a distance of 22.064 meters (72.39
feet), more or less, to the TRUE POINT OF BEGINNING.
The above described Parcel contains .089 hectares / 892.0 square meters (.220 acres /
9601 square feet), of which .051 hectares / 508.9 square meters (.126 acres / 5477
square feet) are in the Right of Way of the present road leaving a net area of .038
hectares / 383.1 square meters (.094 acres / 4124 square feet), more or lens.
Basis of Bearings: All bearings are based on a line connecting the NE corner of Section
9, T. 5 N., R. 66 W. 6th P.N. (3 inch aluminum cap in monument box) and the N 1/4 corner
of Section 9, ('x' in center of bridge) as bearing N.89' 54'31' W.
7978 .........'.....,.,
"For-a d :B half 55o��f k •l lorado
-'6epart. ) _ of rrepoa 'l•n
Myron D `sry¢'•,Hora, PLS flysj•4
1420 2nd:., Greeley: ;'7. 80631
.*4t LAP10 apr
It the purposepre this.• ..,.;.... "- pare the Plitt and Descriptions necessary to acquire additional Right of Way and Easements for the Depanment
ofTnnyorwion print construction of the Highway project referenced in this deed. Any call to a substandard monument,per the Board of Registration
for Professional Land Surveyors and Engineers Rule MIL is duly noted and represents the conditions present at the time of acquisition. These monuments
are to be destroyed by the impending Highway commotion,and shall be referenced and upgraded during said construction.
B 1447 RI 02393789 06/17/94 10:43 .,,35.00 1/007
F 0243 MARY ANN FSUERSTEIN CLERK & RECORDER WELD CO, CO
SECOND SUPPLEMENT
lQ
AR2393784: CONDOMINIUM DECLARATION
FOR
RIDGE WEST COMMERCIAL CONDOMINIUM
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, C. G. AND C. PARTNERSHIP, a Colorado
Co-Partnership, recorded a Condominium Declaration for Ridge West
Commercial Condominiums in Book 906, under Reception No. 1827714,
of the real estate records of the Clerk and Recorder of Weld
County, Colorado; and
WHEREAS, the provisions of Paragraph 3 of the recorded
Declaration reserves to Declarant the right to enlarge this
condominium property by submitting additional real property and
improvements to this condominium complex, such additions to this
condominium project to be expressed by the filing of a Supplement
Map; and
WHEREAS, JOHN DENNIS GIBSON, has acquired title to the
real property described in "Exhibit A" of this Second Supplement,
and that property is capable of being submitted to the Ridge West
Commercial Condominiums as expansion property; and
WHEREAS, JOHN DENNIS GIBSON and the Board of Directors of
the Ridge West Commercial Condominiums, as the subsequent Declarant
to the original Declarant for the Ridge West Commercial
Condominiums, desire to submit the Gibson property to condominium
ownership; and
WHEREAS, the Declarant and GIBSON have filed for record
a Second Supplement Map to said project, with that map being
recorded on the _ day of , 1994, in Book under
Reception No. of the real estate records of the Clerk and
Recorder of Weld County, which Second Supplement Map describes the
property on the attached "Exhibit A", which is annexed hereto and
by this reference made a part hereof; and
WHEREAS, GIBSON has completed the construction of an
additional building and other improvements on the adjoining
property which is described in the Second Supplement Map and is
described in "Exhibit A" attached hereto; and
WHEREAS, Declarant and GIBSON do hereby jointly submit to
this Condominium Project such additional improvements and real
property.
B 1447 REC u2393789 06/17/94 10:43 $33.00 2/007
F 0244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
NOW, THEREFORE, Declarant and GIBSON do hereby publish
and declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations shall be
deemed to run with the land and shall be a burden and a benefit to
the Declarant, its successors and assigns, and any person or entity
acquiring or owning an interest in the real property and
improvements, their grantees, successors, heirs, executors,
administrators, devisees or assigns.
1. Division of Property into Condominium Units.
The real property described on "Exhibit A" and the
improvements thereon are hereby divided into the fee simple estate
as is set forth on "Exhibit B" annexed hereto and by this reference
made a part thereof. Each, such estate chntl consist of- the
$epaf*vly desig ed unit-auct 'aka is sad to the
general common elements appurtenant to-•-eaeft^-oielE as c..6. ferCK
hersimm
2. Second Supplement Map.
The Second Supplement Map has been filed in
accordance with Paragraph 3 of the original Declaration filed in
this matter. The Map was prepared subsequent to substantial
completion of the improvements thereon. Said Map describes the
property on "Exhibit A" attached hereto and incorporated herein by
this reference. Except as is provided herein, all of the
provisions of Paragraph 3 of the recorded Declaration which are not
contradictory to the specific provisions hereof are incorporated
herein by this reference.
3. Description of Condominium Unit.
(a) Every contract for the sale of a condominium
unit written prior to the filing for record of the Map or this
Supplement to Declaration may legally.describe a condominium unit
by its building symbol and unit designation, followed by the name
of this condominium.
(b) Every contract, deed lease, mortgage, trust
deed, will or other instrument may legally describe a condominium
unit by its building symbol and the unit designation, followed by
the name of this condominium, with further reference to the Map,
Supplement to Declaration, and the Declaration filed for record.
Every such description shall be construed to include a nonexclusive
easement for ingress and egress to an owner's unit, together with
the right to the exclusive use of the limited common elements, if
any, appurtenant thereto.
2
B 1447 Rte 02393789 06/17/94 10:43 $35.00 3/007
F 0245 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4. Accentance of Provisions of All Documents.
The conveyance or encumbrance of a condominium unit
shall be deemed to include the acceptance of all of the provisions
of the original Declaration, any amendments thereto, the First
Supplement thereto, this Second Supplement thereto, the Articles of
Incorporation, Association Bylaws and Rules and Regulations and
shall be binding upon each grantee or encumbrancer without the
necessity of inclusion of such an express provision in the
instrument of conveyance or encumbrance.
5. Common Expense and Voting.
As is provided in Paragraphs 19 and 21 of the
Declaration, the common expenses shall be assessed among all of the
condominium units. Reference is made to that portion of
"Exhibit B" hereof which assigns to each condominium unit an
appurtenant undivided percentage interest in and to general common
elements, all in accordance with Paragraph 3 of the Declaration.
Said "Exhibit B" attached hereto is incorporated herein by this
reference.
6. General.
(a) Except as is otherwise provided by the
provisions of this Supplement, all of the provisions contained in
the Declaration are made a part of this Supplement.
(b) If any of the provisions of this Second
Supplement to the Declaration or any paragraph, sentence, clause,
phrase or word or the application thereof in any circumstance be
invalidated, such invalidity shall not affect the validity of the
remainder of this instrument, and the application of any such
provision, paragraph, sentence, clause, phrase or word in any other
circumstances shall not be affected thereby.
(c) "Declarant", as used herein, means the Board of
Directors of the Ridge West Commercial Condominium Association.
(d) The provisions of this Second Supplement to the
Declaration shall be in addition to and supplemental to the
Condominium Ownership Act of the State of Colorado and to all other
provisions of law.
(e) That whenever used herein, unless the context
shall otherwise provide, the singular number shall include the
plural, the plural the singular, and the use of any gender shall
include all genders.
(f) Paragraph titles are for convenience of
reference and are not intended to limit, enlarge or change the
meaning of the contents of the various paragraphs.
3
B 1447 REC 02393789 06/17/94 10:43 $35.00 4/007
P 0246 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN 'WITNESS WHEREOF, Declarant has duly exe uted this
econd Supplementa to Condominium Declaration this (V day of
( G..1cL , 1994.
RIDGE WEST COMMERCIAL
CONDOMINIUMS, Board of Directors
J HN IS GI ON p
(1)61-C)- (1-2-1
STATE OF COLORADO )
) ss.
COUNTY OF WELD
Th foregoing instrument was acknowledged before me this tW
day of( L,.....2.: , 1994, by JOHN DENNIS GIBSON.
WITNESS and and official seal.
OGEMt
ate,
OtAftp
Notary k:ubli a, 4433
ilo
UBI
ay;pA o Aaaress: tin
¢ a.w_t Cote/4a°
-oc� My Commission Expires: 90.2.
cov
STATE OF CO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged befo�r
,,e�',rush,'
this� 10
da of 5{t.v,� ,. 1994, by malt-W.4.0 4T ',rush'
Jdn.n uo nit(g Lei to San and -r,e s INN i ir4
known tame to be the Pnpnw.c enrol , ()too '}-A o,,.i.7
and ' — nfoQC. of Ridge West Commercial
Condominiums. 0
My Commission Expires FebIvary3, 1997 T: 1 0
a. o a ems:
a : ti Qafb=
4 sit" a�
B 1447 REt, J2393789 06/17/94 10:43 ,.45.00 5/007
F 0247 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
LIENEOLDER•S CONSENT
KNOW ALL MEN BY THESE PRESENTS that the Lienholders
identified below have examined this Second Supplement .to
Condominium Declaration for the Ridge West Commercial Condominium
and hereby expressly consent to and ratify the creation of the
Second Supplement to Condominium Declaration for the Ridge West
Commercial Condominium.
•
BUILDING A, UNIT 3 AND BUILDING A, UNIT 4
THE REAL PROPERTY DESCRIBED
IN "EXHIBIT A" UNION COLONY BANK
1ST CHOICE BANK
Res, By: Alllw�
BUILDING A, UNIT 5 BUILDING B, UNIT 3
(^j FRANCIS ENERGY, INC. ,
Profit Sharing
UINTTS C. (FULLER
4 By: �y
STATE OF COLORADO ) �!
) ss.
COUNTY OF WELD
Th foregoin instrument was subssg�ribed and sworn to before me
this (6 day ofZT4, .t , 19 4, byJlllS/Rtic(( thcArthsAk0
known to me to be the of 1ST CHOICE BANK.
WITNESS my hand and official seal.
4r.0EGEF,fo Notary l�lu�
' My Commission Expires: ea _a-MS
alstsTARIAtt
or cod•
5
. •
B 1447 REC 02393789 06/17/94 10:43 $35 .01. 6/007
F 0248 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing. instrument was subs ribed and swppn to b ore me
this 160-- day ofJL‘..cr c.,.. , 1994,[b�y �ywcs (� z VIDA
known to me to theU -rums G 4- of UNION COLONY BANK.
WI Ap•44S1
CEB d official seal.
VI -o-o-o- 1 ll�. is.A0 �lA----
. _ 04/3r/B1.\C ooy Notary Public
9 ..ew:irC My Commission E res: z- Zr (Q9( o
OF COd
STATE OF CO )
ss.
COUNTY OF WELD )
Themforegoing instrument was subscribed and sworn to before me
this ((9 :11W--c- , 1994, by QUINTUS C. FULLER.
� and official seal.
K R oi$,-o tMp b
a
: s. egigi1/4- U-41c6524A-AASS—
ima Pump jog Notary Publi •
11. "%,....00,427 My Commission Expires:-2-' —MES
or cot--
STATE OF C )
) ss.
COUNTY OF WELD )
Thevforegoin instrument was subscribed and sworn to before me
this lio day of , 91 94, by N«e JD Y'La-e.4S ,
known to me to be the c4 of FRANCIS ENERGY, INC. ,
Profit Sharing Plan.
WITNESS my hand and official seal.
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B 1447 REC .93789 06/17/94 10:43 $3. .J0 7/007
F 0249 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
That portion of the North Half of the Northeast Quarter of
Section 9, Township 5 North, Range 66 West of the 6th P.M. , County
of Weld, State of Colorado, more particularly described as follows:
Considering the North line of said Northeast Quarter as monumented
by an "X" chiseled in an existing bridge at the North Quarter
corner of said Section 9, with a 3/4" x 30" rebar with a 3:"
diameter aluminum cap, P.L.S. 10855, set as a witness corner, in a
monument box along the North line of said Northeast Quarter,.100.00
feet Easterly from the North Quarter corner of said Section 9, and
by a 21" metallic pipe with a 3$" diameter aluminum cap, P.L.S.
20685 set in a monument box at the Northeast corner of said
Section 9, to bear South 89'03'55" East with all bearings contained
herein relative thereto.
Beginning at the North Quarter corner of said Section 9 (said North
Quarter corner being re-established and as now recorded) ; thence
along the North line of said Northeast Quarter South 89'03'55" East
962.89 feet (recorded previously as 978.55 feet and/or 968 feet) ;
thence South 00°05'22" East 38.52 feet (recorded previously 42.30
feet) to a point on the South right monument (1" rebar with an
obliterated yellow plastic seal) ; thence along said South right-of-
way line South 89°07'14" East 25.00 feet to the TRUE POINT OF
BEGINNING; thence South 00°05'22" East 239.58 feet; thence North
89°54'38" East 107.09 feet; thence North 00°06'54" West 237.77 feet
to said South right-of-way line; thence along said right-ofrway
line North 89'07.14" West 107.00 feet more or less to the TRUE
POINT OF BEGINNING.
EXHIBIT B
Appurtenant Undivided Percentage
Building Unit Intgrest In and To General Common Elements
A 1 1/13
A 2 1/13
A 3 1/13
A 4 1/13
A 5 1/13
B 1 1/13
B 2 1/13
B 3 1/13
B 4 1/13
C 1 1/13
C 2 1/13
C 3 1/13
C 4 1/13
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