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Home My WebLink About20052833.tiff 4**11,4 PUD FINAL PLAT CADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-1045 APPLICANT: Highland Acquisition Group ADDRESS: 6297 S. Potomac Way, Centennial, CO 80111 REQUEST: Highland Farms, PUD Final Plat for nine (9) lots with (E) Estate uses and two (2) non-residential open spaces and one (1) non-residential agricultural open space. LEGAL: Lot B of RE-3105 being part of N2 NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 52 and approximately 1/4 mile east of County Road 3. ACRES: 56.9 acres, more or less PARCEL#: 1467 05 000030 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance Officer, referral received April 8, 2005 • Weld County Department of Public Works, referral received May 10, 2005 • Weld County Department of Public Health and Environment, referral received April 22, 2005 • Weld County Sheriff's Office, referral received May 6, 2005 Boulder Valley Soil Conservation District, referral received May 9, 2005 Mt. View Fire Protection District, referral received April 13, 2005 • City of Dacono, referral received April 25, 2005 • Town of Frederick, referral received May 2, 2005 • Town of Erie, referral received May 11, 2005 • United Power, referral received April 19, 2005 Colorado Department of Transportation, referral received April 19, 2005 Left Hand Water District, referral received April 7, 2005 • St. Vrain Valley School District, referral received April 28, 2005 ▪ State of Colorado, Division of Wildlife, referral received May 5, 2005 The Department of Planning Services'staff has not received responses from: ▪ Lower Boulder Ditch • Boulder County P</793 PF-1045 Highland Farms Page 1 2005-2833 WI o PUD FINAL PLAT COLORADO ADMINISTRATIVE REVIEW PLANNER; Jacqueline Hatch CASE NUMBER: PF-1045 APPLICANT: Highland Acquisition Group ADDRESS: 6297 S. Potomac Way, Centennial, CO 80111 REQUEST: Highland Farms, PUD Final Plat for nine (9) lots with (E) Estate uses and two (2) non-residential open spaces and one (1) non-residential agricultural open space. LEGAL: Lot B of RE-3105 being part of N2 NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 52 and approximately 1/4 mile east of County Road 3. ACRES: 56.9 acres, more or less PARCEL#: 1467 05 000030 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code. 1) Section 22-2-210.D.2, PUD Policy 4.2— A Planned Unit Development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. The common open space should be designed and located to be easily accessible to all the resident of the project and usable for open space and recreation. The applicant has included approximately 12.52 acres of open space and a 21.53 acre outlot which surround the residential lots providing usable open space for the residents of the subdivision. No residences shall be built in these areas. 2) Section 22-3-50.8.1, P.Goal 2 "Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County." The proposed PUD will be serviced by Left Hand Water District. Individual sewage disposal systems will handle the effluent flow. The surrounding property consists of primarily single family homes to the west and agricultural uses to the north, south and east. The property consists of a steep slope down towards the southwest portion of the lot. A ditch corridor runs north- PF-1045 Highland Farms Page 2 south on the western portion of the land. The property is currently not farmed and consists of native prairie grass. 3) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. An approved on site improvements agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan application submittal. The applicant has chosen to adhere to the bulk requirements of the E (Estate)Zone District with the exception that the lot sizes are an average of 1.8 acres in size and two horses will be allowed per lot. The Department of Planning Services and the Board of County Commissioners are in support of these proposed modifications from E (Estate)Zone District bulk requirements. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Inter-Governmental Agreement. The site is within the three mile referral area for the City of Dacono, Town of Erie, Town of Frederick and Boulder County. The City of Dacono and the Town of Frederick both indicated no conflicts with their interests. The Town of Erie in their referral dated May 11, 2005 stated that they do not object to the proposed subdivision, but, the site is located within the Erie Planning Area and is designated as rural preservation. No response was received from Boulder County. Weld County's Right To Farm has been attached to the Final Plat thus informing any new residents that the area of the surrounding community is agricultural in nature. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by Left Hand Water District for potable water and fire protection requirements. Individual sewage disposal systems will handle the effluent flow. The Weld County Attorney's Office has indicated that the signed agreements submitted with the Change of Zone are adequate. The Weld County Department of Public Health and Environment has indicated in their Change of Zone referral dated June 28, 2004 that the application has satisfied Chapter 27 of the Weld County Code in regard to water and sewer service. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. The applicants have submitted a Private and Public Improvements Agreement According Policy Regarding Collateral for Improvements. A finalized Improvements Agreement will be required prior to recording the plat. F. Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The Colorado Department of Transportation in their referral dated April 19, 2005 had no comments and provided a copy of the access permit for nine single family detached homes dated April 14, 2005. PF-1045 Highland Farms Page 3 G. Section 27-7-40.C.7-- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The Weld County Department of Public Works stated that a final drainage report and construction plans, conforming to the drainage report, shall be approved prior to recording final plat. H. Section 27-7-40.C.8--lf compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Departments of Public Works and Planning Services) B. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed the Restrictive Covenants and Home Owners Association Incorporation paperwork for Highland Farms PUD. Any changes requested by the Weld County Attorney's Office shall be incorporated. The Restrictive Covenants for Highland Farms PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Department of Planning Services) C. The applicant shall provide the Department of Planning Services with a sign plan that conforms with Section 23-4-80.A of the Weld County Code. (Department of Planning Services) D. The applicant shall provide written evidence from all applicable service agencies including Mountain View Fire Protection District, the Weld County Sheriff's Office, Ambulance provider, and the Post Office to the Department of Planning Services indicating that the proposed street names are in compliance with their identification/naming protocol/addressing. (Department of Planning Services) F. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page)to the Department of Planning Services for recording the Restrictive Covenants for Highland Farms in the Office of the Clerk and Recorder. (Department of Planning Services) P' The applicant shall submit evidence to the Department of Planning Services that the Home Owners Association has been recorded with the Secretary of the State. (Department of Planning Services) H. The applicant shall submit deeds to the Department of Planning Services for recording that the Outlot and open space areas have been deeded to the Highland Farms Home Owners Association. (Department of Planning Services) PF-1045 Highland Farms Page 4 / The applicant shall attempt to address the requirements (concerns) of Weld County Sheriff's Office, as stated in the referral response dated May 6, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) / The applicant shall address the requirements (concerns) of Weld County Public Works Department, as stated in the referral response dated May 10, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) AC The applicant shall address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response dated April 13, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall address the requirements (concerns) of the St. Vrain Valley School District, as stated in the referral response dated April 28, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services in the form of an agreement with the school district or receipt of payment. (Department of Planning Services) ,M. The applicant shall attempt to address the requirements (concerns) of the Boulder Valley Conservation District, as stated in the referral response dated May 9, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) X' The applicant shall attempt to address the requirements (concerns) of the Division of Wildlife, as stated in the referral response dated May 5, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) O. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the absorption field site. (Department of Public Health and Environment) P. The applicant shall provide evidence to the Department of Planning Services from the Department of Public Health and Environment that the existing septic system (G19939128) has been properly abandoned in accordance with Section 30-4-20 (D) of the Weld County Code. (Department of Public Health and Environment) ®� The applicant shall submit a digital file of all drawings associated with the Final Plan / application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) R. The Plat shall be amended to include the following: 1) All sheets of the plat shall be labeled PF-1045. (Department of Planning Services) 2) The Weld County's Right to Farm shall be placed on the plat. (Department of Planning Services) 3) The applicant shall adhere to the plat requirements in preparation of the Final Plat. The vicinity map shall be delineated at a scale of 1"-2000' and the Site Plan PF-1045 Highland Farms Page 5 shall be delineated at a scale of 1"-100' or 1"-200'. (Department of Planning Services) 4) The approved sign and its location shall be delineated on the plat. (Department of Planning Services) 5) The cul-de-sacs running east and west need to be called Place and cul-de-sacs running north and south need to be called Way. (Department of Planning Services) 6) State Highway 52 requires a 200-foot right-of-way at full build out. A total of 100 feet from the centerline of State Highway 52 shall be delineated as right-of-way reservation for future expansion of Highway 52. (Department of Planning Services and Colorado Department of Transportation) 7) Primary and secondary septic system envelopes shall be placed on each lot. Each envelope must meet all setback requirements. Evidence of approval from the Department of Health and Environment shall be submitted to the Department of Planning Services (Department of Public Health and Environment) 8) Intersection sight distance triangles at the development entrance will be required to be shown on the plat. All landscaping within the triangles must be less then 3 'A feet in height a maturity. (Department of Public Works) 9) The plat shall be amended to reflect the approved Change of Zone plat. (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of nine (9) lots with (E) Estate uses except for the lot sizes will be a minimum of 1.73 acres in size and two horses will be allowed per lot and two (2) non-residential open spaces and one (1) non-residential agricultural open space as indicated in the application materials on file in the Department of Planning Services and subject and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. No more than two (2) horses are permitted per lot. (Department of Planning Services) C. The Open Space and Agricultural Lots are non-buildable for residential structures or structures providing habitable space. (Department of Planning Services) D. Installation of utilities shall comply with Section 24-9-10 and 27-9-40 of the Weld County Code and the Utility Board conditions. (Department of Planning Services) E. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) F. Water service shall be provided by the Left Hand Water District. (Department of Public Health and Environment) G. If required, the applicant shall obtain a storm water discharge permit from the water Quality Control Division of the Colorado Department of Public Health and Environment. PF-1045 Highland Farms Page 6 Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) J. If Land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) K. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities along with the enforcement of covenants. (Department of Planning Services) L. The Home Owners Association shall be responsible for replacing all dead or dying plant material in the open space areas. (Department of Planning Services) M. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services & Department of Public Health and Environment) N. Stop signs and street name signs will be required at all intersections. (Department of Planning Services) O. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) P. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) Q. Building permits shall be obtained prior to the construction of any building or structure. Building permits are also required for signs and structures such as bus shelters if provided. (Department of Building Inspection) R. Activities such as permanent landscaping, structures, dirt mounds or other items are expressly prohibited in the septic absorption field site. (Department of Public Health and Environment) S. A plan review is required for each building. 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) T. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) PF-1045 Highland Farms Page 7 U. 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) V. Building height, wall and opening protection and separation of buildings with mixed uses shall be in accordance with the Building and /or Residential Code in effect at the time of permit application. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) W. Building height shall be measured in accordance with the applicable 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. Off-set and setback requirements are measured to the farthest projection from the building. (Depart of Building Inspection) X. The property owner shall be responsible for compiling with the Performance Standards of Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) Y. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) Z. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) AA. Outdoor storage shall be screened from public right of ways, and adjacent properties. (Department of Planning Services) AB. The site shall maintain compliance with the Mountain View Fire Protection District at all times. (Department of Planning Services) AC. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) AD. The surface agreement for mineral rights on the site limits the drilling of oil and gas wells to a specific location and the applicant has agreed that no waivers will be signed that allows drilling of wells in any other location. AE. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. PF-1045 Highland Farms Page 8 AF. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AG. Section 27-8-80.B of the Weld County Code -Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. AH. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. The applicant shall supply a designated street sign and stop sign at the appropriate location. (Department of Public Works) B. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Mountain View Fire District have been met. (Department of Planning Services) C. Buildings shall be designed and constructed in accordance with the provisions of the Uniform Fire Code. (Mountain View Fire Protection District) D. All fire hydrants, water mains and access roads must be approved before building construction may begin. Fire apparatus access must be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and must have a surface that provides all-weather driving capabilities. Once fire hydrants have been install and placed in service, the Fire District needs to be provided with information from the water service provider indicating that available water supply for fire protection. (Mountain View Fire Protection District) E. All plans for residential fire sprinkler systems must be submitted to and approved by the Fire District prior to installation of such systems. (Mountain View Fire Protection District) F. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of PF-1045 Highland Farms Page 9 the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. C Date: June 10, 2005 Jacqueline atch - anner I l PF-1045 Highland Farms Page 10 DEPARTMENT OF PLANNING SERVICES 4 NORTH OFFICE 918 10TH Street Zl GREELEY, CO 80631 ♦♦ PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 W� �• SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 April 5, 2005 Highland Acquisition Group Robert Kelsey 6297 S Potomac Way Centennial CO 80111 Subject: PF-1045- Request for Highland Farms Planned Unit Development Final Plan for 9 residential lots and two(2)non-residential outlots and one(1)agricultural outlot on a parcel of land described as Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday,April 28, 2005,at 10:00 a.m. This meeting will take place in the Hearing Room,Weld County Department of Planning, 918 10`"Street, Greeley, Colorado. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Dacono, Erie and Frederick Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Erie at 303-926- 2700 and Frederick at 303-833-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Erie and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application within sixty(60) days. If you have any questions concerning this matter, please call. Respectfully, Jacqu line Hatch Plan r Weld tu,.n,.. Department PLANNED UNIT DEVELOPMENT (PUD) FINAL PLATAPPLICAVfouOAT OFFICE FOR PLANNING DEPARTMENT USE DATE RECEIVED:RECEIPT #/AMOUNT #_--- /$_ __ 2- CASE #ASSIGNED: - MAR 8 2005 APPLICATION RECEIVED BY_-- PLANNER ASSIGNED: _— Parcel Number 4 �j -1 - - O - O O - O 3 0 Application Submitted Not Cc^:'n^' Cm'npletd R(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the applicdion area,If additional space is required,attach an addtional sheet) 1 Legal Description ijorT}}v )e.ST /14— , Section C, Township INorth, Rangel? I West Property Address(If Appicable)__ on cc�t Existing Zone District :NT?Proposed Zone District:PUD Total Acreage: Proposed #/Lots_I Average Lot Size: Z•tOAC�_Minimum Lot Size:_1 SOPC.Proposed SubdNision Name:a t/.' MS Proposed Area (Acres)Open Space: (I..¢.r _ t aS Are you applying for Conceptual or Specific Guide? Conceptual Specific FEE OW NER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: t tttl rrlljts (n o 3 VIA )p, '4 ?oB t-f &t)LT4.4up Work Phone # _•712,•``,tHome Phone#_ Email Address— Address: _122): /4Ce. City/State/Zip Code Ct'i•kircPlr.l SAL A COOTSoll( APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications s§ned by Authorized Agent) Name: 1F61L l V IL rJStaS- -S , L�G G� ?O96tI' k L-SEr Work Phone#11.Oa3691Home Phone# Email Addresser—el cEv t(isa� , coM Address:_ 2� G�7�C2- 8L-'LQ Si,)I TE 20 i _ t _ City/State/Zip Code 1 NJV9tg.-t f0 _� —_ UTILITIES: Water: t-r-Ir 4 jD ¢' DISTV-ter Sewer: aLGttti(ef(2_ or 41/41,j, Fo tk SysTstA5 Gas: V.frt Deg- - MaGL) ----- Electric: Ur.l (Tap Phone: e 1JFc'T _ DISTRICTS: School: Cwt '4A,r- VpL_LEy cz.t{vol_. D(SStar— Fire: Mc'ut ln>LL-J itiC acTlan-L—QLSTQ-'cr -- Post: ?I'e— -- _ I(We)hereby depose and state under penalties d perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Sigiatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or reque,, earings bef the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Fin-s' at .r the -,.ve .-. rib unincorpor teed ea of Weld County, Cdorado: i,nature:0 ner or Au or. . Age Date Signature: Owner or Authorized Agent Date -10- O ( 1 WELD-COUNTY;COLORADO 'L et DEPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT,CO 80504 PHONE: 720-652-4210,EXT. 8730/FAX: 720-652-4211 Date: 01/0.)---- I) 20 / Receipt No. 82 J Received From: t •i <int! { /-'Gc/E1. , Lena./ 6/2u�/� L Permit Type I No. G Description Fee 4221-RE/SE 4221-ZPMH .,i 4221-US R 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's - •7 4221-RE-SUBDIVISIONS 4221-BOA • 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE •6560-RECORDING_EEE' l =� /� .14. itl-*.m misc. ) �> 2 Sot_ -/7s ❑CASH CHECK NO. 1128S 3 TOTAL FEE / Receipted By: b DL# Exp. WELD COUNTY,.COLORADO .. �- } PARTMENT OF PLANNING SERVICES_, _ F 4209 CR 24.5 LONGMONT,CO 80504 PHONE(720)652-4210,Exr.8730-Fax(720)652-4211 DATE: / it a 20 OS RECEIPT ,+< 524 RECEIVED FROM: . f (lcrIL {A..,fl PCG j, S$1-.I fvj.e), . NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ _ 4221 -PUD ( I' U/� 6rF-a_. 3-77 °� / 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ic O CASH ACHECK NO: 1233— TOTAL BY .., ,' .....Jc WHITE-CUSTOMER CANARY-FINANCE PINK-FILE __ _ ,i‘r ' . , • c;" Wine APPLICATION FLOW SHEET COLORADO APPLICANT: Highland Acquisition Group do Robert Kelsey with Peak Civil Consultants CASE #: PF-1045 REQUEST: Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one'(1) agricultural outlot. LEGAL: Lot B RE-31O5 N2 NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to Highway 52 and approximately/ mile east of County Road 3. PARCEL ID #: 1467 O5 0OOO3O ACRES: 56.9 +/- Application Received 3/29/05 JH _ Application Completed 3/29/05 JH Referrals listed 4/4/05 JH Design Review Meeting (PUD) File assembled Letter to applicant mailed . Vicinity map prepared Referrals mailed - Chaindexed Field check by DPS staff Administrative Review decision: Ariipdrr� ( to Jo r County Commissioners Hearing Date (if applicable) n/a Surrounding property owners notified Air photo and maps prepared CC action: . CC resolution received Recorded on maps and filed �r�y^Cc el Overlay Districts (Jr j,,,yc _ `1(2-1.7(05- Set ()zsrrn Zoning Agricultural lJi , MUD Yes No_x_ IGA Yes No_x_ Airport Yes_ No_x_ • Geologic Yes_X_ No Flood Hazard Yes No_x_ Panel #080266 0960 C Road Impact Yes_X_ No 2467785 8-1522 P-743 12/15/95 04:31P PG 1 OF 2 RFC DOC Weld County CO Clerk & Recorder 11.00 RIGFIT-OF-WAY AGREEMENT AR241. 28S FOR AND IN CONSIDERATION of the sum of Ten Dollars and other valuable consideration,($10.00 and more)to the undersigned in hand paid,the receipt whereof is hereby acknowledged, Eugene E,Godinhe and Diana E.Godinho having an address at 13750 Huron Street:Broomfield.CO 80020 hereinafter called 'Grantor'does hereby grant to VESSELS GAS PROCESSING,INC.,a Colorado Corporation of 1050 Seventeenth Street,Suite 2000,Denver,Colorado 80265,its successors and assigns,hereinafter called'Grantee', the right and easement to lay,construct,reconstruct,replace,repair,maintain,operate,change the sire of,add and remove pipelines and appurtenances thereof,for the transportation of oil,petroleum,gas,other hydrocarbon substances,or any thereof,as Grantee from time to time may elect,with the continuing right of ingress and egress to and from the same,over,through,under or along that certain parcel of land which Grantor warrants that Grantor is the surface owner of,situated in Weld County,State of Colorado,and described as follows,to- wit: Township I North.Range 68 West.6th P.M. Section 5: A thirty-foot wide strip of land,the centerline of which is described as follows: Beginning at a point in the NW/4 of Section 5, said point bearing South 37°50'East, 1125.0'from the Northwest corner of said Section 5,thence North 26°28'East,96.0 feet to a point, thence South 8195'East 326..9'to a point,thence South 80°3'East, 886.9'to a point,thence South 77°48'East 750.4 feet,more or less to the north-south centerline of said Section S.The length of said pipeline being approximately 124.86 rods. Grantor reserves the right to use and enjoy said premises,provided that Grantor shall not construct or maintain the whole or any part of any structure on said strip of land,or in any manner impair or interfere with the present or prospective exercise of any of the rights herein granted. Where said land is under cultivation,said pipelines shall be laid so that the tops thereof are at least thirty-six inches(36')beneath the surface of the ground. The Grantee and its employees and agents,at any and all present times when necessary,shall have free access to the facilities constructed hereunder,over such reasonable route as Grantor may designate or approve,for the purpose of exercising the rights hereby granted. Grantee shall have the right at any time to terminate any portion or all of the rights hereby granted by giving Grantor fifteen(15)days'notice in writing of its intention to do so. In the event of termination of this Contact,Grantee shall,at its own risk and expense,remove all property placed by or for Grantee upon said lands,and restore said premises as nearly as possible to the same state and condition they were in prior to any construction hereunder,all within sixty(60)days after such termination. Unless the surface owner agrees, Grantee shall have no right to remove the pipeline upon abandonment. The consideration paid to Grantor by Grantee shall be deemed to include,as liquidated damages,all injury or damage to Grantor's crops,fences or other installations which may be caused by Grantee in connection with all operations herein contemplated upon the identified strip of land. If Grantee re-enters the above described property at a later date,for repair or replacement of pipeline,reasonable and just damages will be negotiated at that time. Grantee hereby agrees to hold the Grantor(s)harmless for any damages to other parties'buried installations incurred by Grantee's operations subject hereto. This contract shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto,their respective heirs,executors,administrators,successors and assigns. •IN WITNESS WHEREOF,this Agreement is executed this 9f(day of �.,.�,7. , 199 . 0 Eug a E.Godinho Q C fl crotet........543 Diana H.Godinho 2467785 B-1522 P-743 12/15/95 04:31P PG 2 OF 2 STATE OF (10/01-0 01() ) $2 COUNTY OF Ji//rim e r The foregoing inatntment was acknowledged before me this 9t4day of (ilr!(g. , 199 5,by —Diana e. cf earire e 0490,, /hn . Witness my hand and seal this 9✓A day of ,f99-`_> . Notary Public:�� ai ; ?., /./,id/ My commission expires: ///9-97 UOLIC /nit ‘1/711 \ Jacqueline Hatch tom/ Weld County- Planning and Zoning /wrl� 1555 N. 17th Ave Peak Civil Consultants Greeley, CO 80631 Civil Engineering and Land Development Services Re: Highland Farms—56.970 Acres (Final Plat) Weld County, Colorado Legal Description—Northwest '. of section 5, T 1 N, R 69 W, of the 6th P.M. "Minor Subdivision Narrative" Dear Jacqueline, Please find enclosed initial submittal of "Highland Farms" — a 9 lot development proposed for Weld County. The development is currently zoned PUD, per the recent change of zone plat prepared by LANDPROfessionals, LLC and approved by Weld County. The property is located adjacent and south of Colorado State Highway 52 between I-25 and Weld County Road 3 and is surrounded by agricultural land to the south and rural lots to the north, east and west. As you will note, the main entry on Highway 52 is located across from Weld County Road 3 ''4. The site is an open rolling prairie, surrounded by existing development and agricultural land. The layout of the roads and the lots has been carefully analyzed to maximize the varied topography and minimize site grading. Water Service: The property will be served by Left Hand Water District. Sewer: Each site shall be served by an Individual Septic Disposal System (ISDS). Percolation tests were performed to ensure the proper function of ISDS. ISDS design, installation, and maintenance will be in compliance with applicable County requirements. Floodplain: There are no FEMA regulated floodplains on this property. Fire Protection: The property will be served by the Mountain View Fire Protection District. Schools: The property will be served by the St. Vrain Valley School District Title Work: Included herein. Drainage: A final drainage report has been prepared by Peak Civil Consultants, Inc. and is included herein. 2828 Speer Blvd., Suite 201 • Denver,Colorado 80211 • Phone: 720.855.3859 • Fax: 720.855.3860 Roads: All roads shall be public. A 60-foot right-of-way(Rural subdivision local-minor) shall be constructed for all roads. The roadway consists of 24 feet of asphalt with 4 foot shoulders on each side. Borrow ditches are proposed where applicable. A detail of this proposed section is included in the construction plans herein. A school bus turnaround has been accommodated at the intersection of Highland Court and Highland Lane. The site design for Highland Farms is based on a careful analysis of slopes, geology, views, existing adjacent development and adheres to the current Weld county Land Use Code and development guidelines. The layout reflects a density of 0.16 dwelling units per acre (average site size 2.10 acres; minimum lot size (excluding R.O.W.) is 1.80 acre. This design is in compliance and meets all criteria as set forth in the approved change of zone, with the following exceptions that have been negotiated and approved by the applicable jurisdictions: The emergency and oiUgas access road that was proposed to run along the north, east and south edge of Lot #6 has been removed after discussions with the Fire District and CDOT. This design change has been reviewed and approved by Mountain View Fire Protection District per a letter dated March 10, 2005 and signed by LuAnn Penfold, Fire Marshal (see attached). The existing eastern single point of access for the existing oil/gas facilities has been approved within the attached CDOT access permit. There have also been some minor revisions to the lot layout and easements to coincide with the final design documents and plans that were overlooked in the Change of Zone during the preliminary design process. Highland Farms will be an upscale, high value subdivision of 9 homes along Colorado State Highway 52 and is designed to compliment the adjacent subdivisions surrounding the property. If you have any questions or need additional information, please contact me at your earliest opportunity. Sincerely, ob Kelsey, P.E. Peak Civil Consult ts, Inc. • Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 03-28-2005 Our Order Number: FCC25049774-2 Property Address: 1328 HIGHWAY 52 ERIE, CO 80516 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: For Closing Assistance: Ft. Collins "FCC" Unit Sally Tower Wendy Bell PO BOX 127 - 5988 HIGHWAY 52 772 WHALERS WAY#100 DACONO, CO 80514 FORT COLLINS, CO 80525 Phone: 303-833-0678 Phone: 970-282-3649 Fax: 303-833-0680 Fax: 970-282-3652 EMail: stower@ltgc.com EMail: wbell@ltgc.com HIGHLAND ACQUISITION GROUP,LLC LAND TITLE GUARANTEE COMPANY 6297 S. POTOMAC WAY PO BOX 127-5988 HIGHWAY 52 CENTENNIAL, CO 80111 DACONO,CO 80514 Attn: ROBERT BULTHAUP Attn: Sally Tower Copies: 1 Phone: 303-833-0678 Sent Via US Postal Service Fax: 303-833-0680 Copies: 1 EMail:stower@ltgc.com EHRHART, GRIFFIN, &ASSOCIATES STF 568 BRIGGS STREET 3733 FLORENTINE CIRCLE PO BOX 930 LONGMONT,CO 80503 ERIE, CO 80516 Ann: JERRY BOULDIN Ann: JOHN EHRHART Phone: 303-881-4952 Phone: 303-828-3340 Fax: 303-485-1017 Fax: 303-828-3418 Copies: 1 Copies: 1 EMail:jsbou76@aol.com EMail:jpe@egaco.com Sent Via EMail Sent Via EMail PEAK CIVIL CONSULTANTS 2828 SPEER BLVD. STE. 201 DENVER, CO 80211 Attn: GABRIEL M. VILLARREAL Phone: 720-855-3859 Fax: 720-855-3860 Copies: 1 EMail:_gvillarreal@peakcivil.com Sent Via EMail • PF" Land Title Guarantee Company Date: 03-28-2005 Land Title Our Order Number: FCC25049774-2 4WAANL EE WM1IPANT Property Address: 1328 HIGHWAY 52 ERIE, CO 80516 Buyer/Borrower: TBD Seller/Owner: HIGHLAND ACQUISITION GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES TBD Commitment $193.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $193.00 For. CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. FCC25049774-2 Schedule A Cust. Ref.: Property Address: 1328 HIGHWAY 52 ERIE, CO 80516 1. Effective Date: March 07, 2005 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HIGHLAND ACQUISITION GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: LOT B OF RECORDED EXEMPTION NO. 1467-05-2-RE3105, AS PER THE MAP RECORDED AUGUST 1, 2001, AT RECEPTION NO. 2870658, BEING A PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. • ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. FCC25049774-2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. STATEMENT OF AUTHORITY FOR HIGHLAND ACQUISITION GROUP, LLC RECORDED FEBRUARY 10, 2003 AT RECEPTION NO. 3031324 DISCLOSES ROBERT BULTHAUP AS THE MANAGER. 2. (ITEM INTENTIONALLY DELETED) NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY AT SUCH TIME AS THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FCC25049774-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. RIGHT OF WAY THROUGH SUBJECT PROPERTY FOR LOWER BOULDER DITCH. 11. MINERAL RESERVATIONS AND THE RIGHT TO MINE THEREIN AS RESERVED IN DEED RECORDED JULY 17, 1900 IN BOOK 178 AT PAGE 401, AND ANY AND ALL INTERESTS THEREIN OR RIGHTS THEREUNDER. 12. RIGHT OF WAY EASEMENT AS GRANTED TO THE ERIE COAL CREEK DITCH AND RESERVOIR COMPANY IN INSTRUMENT RECORDED OCTOBER 27, 1900, IN BOOK 181 AT PAGE 273 13. GENTRY DRAINAGE DITCH, ANY AND ALL RIGHTS OF WAY THEREFOR, AS EVIDENCED BY MAP AND STATEMENT FILED OCTOBER 26, 1910 UNDER RECEPTION NO. 160177, INSOFAR AS THE SAME MAY AFFECT SUBJECT PROPERTY. 14. TERMS, CONDITIONS AND PROVISIONS OF SURFACE OWNER'S AGREEMENT RECORDED ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FCC25049774-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: DECEMBER 27, 1955 IN BOOK 1438 AT PAGE 227 . 15. RIGHT OF WAY EASEMENT AS GRANTED TO NORTHERN COLORADO CONSERVANCY DISTRICT, A QUASI-MUNICIPAL CORPORATION IN INSTRUMENT RECORDED MARCH 22, 1956, IN BOOK 1445 AT PAGE 85 . 16. COVENANT BY AND BETWEEN SHIRLEY E. KOCH AND KENNETH E. KOCH AND THE CITY OF LAFAYETTE RECORDED JUNE 20, 1989 UNDER RECEPTION NO. 2183197 IN BOOK 1236, AND COVENANT RECORDED JUNE 20, 1989 UNDER RECEPTION NO. 2183198 IN BOOK 1236. 17. TERMS, CONDITIONS AND PROVISIONS OF SURFACE OWNERS AGREEMENT RECORDED OCTOBER 3, 1994 UNDER RECEPTION NO. 2409395 IN BOOK 1461. NOTE: TERMINATION OF SURFACE OWNER'S AGREEMENT WAS RECORDED SEPTEMBER 27 2004 AT RECEPTION NO. 3222303 18. RIGHT OF WAY EASEMENT AS GRANTED TO VESSELS GAS PROCESSING, INC. IN INSTRUMENT RECORDED DECEMBER 15, 1995, UNDER RECEPTION NO. 2467785 IN BOOK 1522 . 19. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED POWER INC IN INSTRUMENT RECORDED JUNE 07, 2001, UNDER RECEPTION NO. 2855377. 20. TERMS, CONDITIONS AND PROVISIONS OF DOMESTIC WATER SERVICE LINE EASEMENT RECORDED NOVEMBER 12, 2003 AT RECEPTION NO. 3125639. 21. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION/MULTIPLE TAP PURCHASE AGREEMENT RECORDED NOVEMBER 20, 2003 AT RECEPTION NO. 3128518. 22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 04, 2004 AT RECEPTION NO. 3176602. 23. TERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT RECORDED SEPTEMBER 27, 2004 AT RECEPTION NO. 3222302. • ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FCC25049774-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 24. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED EXEMPTION PLAT RECORDED AUGUST 1, 2001 AT RECEPTION NO. 2870658. 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED JANUARY 10, 2005 AT RECEPTION NO. 3251632. 26. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED JANUARY 18, 2005 AT RECEPTION NO. 3253636. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY AND LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Land Title Guarantee Company and Land Title Insurance Corporation and Old Republic National Title Insurance Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: * Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. * Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form PRIV.POL.ORT Commitment to Insure ALTA Commitment-1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Mmesota corporation,herein called the Company,for a * * valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified n Schedule A,in favor * # of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby n the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of * * Schedule A and B and to the Conditions and Stipulations hereof. This Comniunent shall be effective oely when the ndentity of the proposed Insured and the amount of the policy or policies committed for have been insetted in Schedule A hereof by the Company,either at the time of the issuance of this * * * * Commitment or by subsequent endorsement. This Commitment is prehmkury to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The tens"mortgage",when used herein,shall include deed of trust,trust deed,or other security istnunent. 2.If the proposed Inured has or acquires actual knowledge of any defect,ken,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Camnimmnt other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from lability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by faire of the proposed Insured to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,ken,encmbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.liabity of the company wider this Comedtnent shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof or(b)to eimnate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the inswing provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed,for n favor of the proposed Inured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained i the Conditions and Stipulations and Exclusions from Coverage above refereed to,this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the public records. 2.Easements,or claims of easements,not shown by the public records. 3.Discrepancies,conflicts n boundary lines,shortage in area,encroachments,and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4.Any ken,or right to a lien,for services,labor or material theretofore or hereafter finished,imposed by law and not shown by the pubic records. 5.Defects,bens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF,Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A,to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Sock Company :97: rlrLFf�,- 400 Second Avenue South c + * * ♦m * ( VIt yl y7 Minneapolis,Minnesota 55401 _( Cit.1 * (612)371.1111 =m * r m Authorized Signature • >' * * o CC.ORT ,,, Report Date: 11130/2004 08:40AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#:27957 SCHEDULE NO: R0945201 ORDER NO:25049774 ASSESSED TO: VENDOR NO: 14 HIGHLAND ACQUISITION GROUP LLC LAND TITLE OF FT COLLINS C/O ROBERT BULTHAUP 772 WHALERS WAY STE 100 6297 S POTOMAC WAY CENTENNIAL,CO80111 FT COLLINS CO 80525 LEGAL DESCRIPTION: PT N2NW4 5-1-68 LOT B REC EXEMPT RE-3105(.44D) PARCEL: 146705000030 SITUS ADD: 1328 52 HWY WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 77.20 0.00 0.00 77.20 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/30/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2390- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 22.34 AGRICULTUR 3,578 1,040 SCHOOL DIST RE1J 40.374 42.00 NCW WATER 1.000 1.04 TOTAL 3,578 1,040 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.300 0.31 WELD LIBRARY 3.249 3.38 BOULDER VALLEY CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 8:13 TAXES FOR 2003 74.214 77.20 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX UEN SALE REDEMPTION.AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS;THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 30th day of November.2004. TREASURER,WELD COUNTY, DONALD D. MUELLER,BY: x�t eL.__ I/ P.O.Box 458 l/J�Greeley,CO 80632 (970)353-3845 ext.3290 "N.\ ‘7/9113. 0\ Jacqueline Hatch if Weld County- Planning and Zoning 1555 N. 17th Ave Peak Civil Consultants Greeley, CO 80631 Civil Engineering and Land Development Services Re: Highland Farms—56.970 Acres (Final Plat Weld County, Colorado Legal Description—Northwest 'A of section 5, T 1 N, R 69 W, of the 6th P.M. RE: Engineering Certification Dear Jacqueline, The Highland Farms project is 9 lot development proposed for Weld County. I am a licensed professional engineer in the State of Colorado. The grading, street, and utility construction plans have been prepared in accordance with the Weld County criteria by me, and/or under my direct supervision. If you have any questions or need additional information, please contact me at your earliest opportunity. Sincerely, ,00m1°nll,,, �o4. 0RE . vtt IJ7.0• 54 '0:- I , 31 �:a .�/ " k7 :mss 1 4. "aiwb„nuw�� i y Bob Kelsey, P.E. Peak Civil Consultants, Inc. ' 2828 Speer Blvd., Suite 201 • Denver,Colorado 80211 • Phone: 720.855.3859 • Fax: 720.855.3860 r ‘7/114Nrod\ Jacqueline Hatch L Weld County-Planning and ZoningA'l� igf 1555 N. 17th Ave Peak Civil Consultants Greeley, CO 80631 Civil Engineering and Land Development Services Re: Highland Farms—56.970 Acres (Final Plat) Weld County, Colorado Legal Description—Northwest 'A of section 5, T 1 N, R 69 W, of the 6th P.M. RE: Tentative Construction Schedule and Financing Dear Jacqueline, The Highland Farms project is 9 lot development proposed for Weld County. The tentative schedule for development is as follows: Site Grading & Erosion Control: April 2005 Site Utilities: May 2005 Street Construction: June 2005 Dry Utility Construction: July 2005 End Site Improvements Construction/Begin Home Construction: August 2005 The improvements outlined within the Subdivision Improvements Agreement with Weld County will be financed with a letter of credit or other acceptable financing, per Weld County code. If you have any questions or need additional information, please contact me at your earliest opportunity. Sincerely, ,J5/ / ?( Bob Kelsey, P.E. Peak Civil Consult s, Inc. 2828 Speer Blvd., Suite 201 • Denver, Colorado 80211 • Phone: 720.855.3859 • Fax: 720.855.3860 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: 3' ZB'Os— RE # : I Other Case #: PZ� lo4 ht S- 1. Applicant Name 'I6I.4L..r.IO Az-4F (s trlorJ 4c.OP Phone 3(73 ' —1�-8•��(-�(-S- Address 104-7 1 Toro Mhc. in/A.Y City Cerralt--lIAL State to Zip 5O111 2. Address or Location of Access u-fi1 ce C' Ib�A-v./AY SZ fi 144. 31/4 t NEC Section S Township 1 Range (-)'1 Subdivision 47 . Block t f n. Lot a l it (LIFJES aP Weld County Road #: GS14-4 Z. Side of Road *c'i+ Distance from nearest intersection --e- ,,,//,,,/ctz 314-D 3. Is there an existing access(es) to the property? Yes X No # of Accesses 4. Proposed Use: Permanent ❑ Residential/Agricultural O Industrial ❑ Temporary 1g Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: 4 St AG = Agricultural t� RES = Residential O&G = Oil&Gas D.R. = Ditch Road 1� = House 0101-1> = Shed r.tD A = Proposed Access PDaM5 • = Existing Access C S /AGF) Nr OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -17- Mar 10 05 01 : 28p Rob,^-, Bulthaup 303-7'^'-4838 p. 1 Highland Acquisition Group, LLC z" Fax Pages: Robert M. Bulthaup 6297 S.Potomac Way 5ey Centennial, CO 80111 TO: f(i�(r Telephone: (303)-748-9445 Fax(303)-792-0889 E-Mail rbulthaup@earthlink.net (To)Fax Number: Date: c3AV J 72o, ears . 386'0 The information contained in this facsimile is Privileged and Confidential. It is intended only for the use of the addressee listed above.If you are not the addressee nor the employee or agent responsible for delivering this message to the intended addressee,you are hereby notified that any disclosure, copying,distribution or any action related to it is strictly prohibited IF YOU HAVE RECEIVED THIS FACSIMILE MESSAGE 114 ERROR: please notify us immediately by telephone to arrange for the return of the information. ( LP 4537 h 7 7 ))1 sfr „cc ea- Mar 10 05 01 : 29p Roby"'. Bulthaup 303-7''-4838 p. 2 CONSENT AGREEMENT FIr This Consent Agreement(Agreement)is made and entered into this /O day of March,2005,by and between the New Consolidated Lower Boulder Reservoir and Ditch Company,a Colorado nonprofit corporation(Lower Boulder)and Highland Acquisition Group,LLC,(Applicant), whose address is do Robert Bulthaup,6297 S.Potomac Way,Centennial,CO 80111. RECITALS Applicant has requested permission and desires to construct and/or install,use,operate,maintain,and repair a drainage pipe on,under or across a 100-foot wide parcel of the Lower Boulder Ditch(Canal), approximately at Canal Station 484+34 located in the NW 1/4 of Section 5,Township I North,Range 68 West of the 6 P.M.,County of Weld,State of Colorado, as shown on the attached drawings(Subject Lands). AGREEMENT 1. Lower Boulder consents to the use of the Subject Lands by Applicant for the purposes described above upon execution of this Agreement by all parties. 2. Applicant shall secure permission from the fee owner of the Subject Lands by properly executed conveyance documents authorizing Applicant to use,construct on,and cross the Subject Lands for the purposes described above. 3. Applicant understands and acknowledges that normal repair,reconstruction and maintenance of the Canal includes,among other things,excavating the bottom and shaping the sides of the Canal with heavy equipment which travels on the bottom of the canal or on its banks;installing and replacing riprap; replacing,adding or reconstructing water turnouts,headgates,valves,check dams,and other structures and facilities to direct or control the flow of water;reconstructing and replacing eroded,weakened or breached canal banks;construction of culverts or bridges across the canal;and emergency actions taken in the event of overtopping or breach of the Canal;and that such activities are necessarily imprecise with respect to depth of excavations,bank dimensions,and the like.Applicant shall be solely responsible for assuring that the design and location of its facilities are adequate to protect the facilities from such activities,including, but not limited to, burial of Applicant's facilities at sufficient depth,encasement of Applicant's facilities in pipes or other structures of sufficient strength,and placement of Applicant's facilities so that those facilities will not be impacted or injured by such activities or by the equipment or actions of personnel performing such activities.Lower Boulder shall not be responsible for any loss of or damages to Applicant's facilities or other property of Applicant or consequential damages to the Applicant arising from such activities.Furthermore,Lower Boulder shall not be liable for damages to growing crops,animals and machinery of third parties;or injury to Applicant or its associates,officers, agents,or employees,or any others who are on the premises;or for damages or interference caused by natural phenomena arising from or related to Applicant's activities or facilities.Applicant agrees to indemnify and save Lower Boulder and all of its employees,officers,directors, shareholders,contractors, assigns and agents harmless from any and all liability,claims,damages or losses,including costs and attorneys fees,arising from or incidental to any activity or facilities permitted under this Agreement, including attorneys fees incurred in enforcing the obligation to indemnify. 4. Applicant shall inspect,operate and maintain the facilities permitted hereunder so that Applicant's facilities and Applicant's activities on and use of the Subject Lands shall not damage, interfere with or increase in cost the use,operation, maintenance,repair,or administration of the Canal. In Mar 10 05 01 : 29p Roby ' Bulthaup 303-7'`'-4838 p. 3 the event that Applicant's facilities must be repaired,removed,or modified for use,operation, maintenance,repair or administration of the Canal,Applicant shall do so immediately upon request of Lower Boulder. In the event Applicant fails to repair, modify,or remove the facilities at the request of Lower Boulder,the facilities will be repaired,modified,or removed at Applicant's expense.The cost of any additional repairs or maintenance to the Canal that are directly or indirectly caused by,or the result of,Applicant's facilities or activities on the Subject Lands, shall be reimbursed to Lower Boulder by Applicant.Lower Boulder's determination of such cost shall be final and binding upon the parties hereto. 5. Plans for the construction of Applicant's facilities must be submitted to and approved by Lower Boulder in writing in advance of construction.Applicant shall provide a map identifying the location of the proposed facility by defining that location as specified in the attached specifications.Upon completion,Applicant shall provide a set of"as-builts"for Lower Boulder files. Lower Boulder's review and approval,if approval is given,of the plans is for its benefit only,and creates no duty or obligations for Lower Boulder.The design and construction of the facilities in a workmanlike fashion and in a way that the facilities perform as intended is solely the responsibility of the Applicant. 6. Any use,construction or maintenance of the facilities that is not in accordance with this Agreement or the designs and specifications approved by Lower Boulder shall automatically terminate this Agreement.The failure of,or delay by,Lower Boulder to object to the use,construction or maintenance of the facilities shall not be deemed a waiver or relinquishment of the rights of Lower Boulder to require Applicant to immediately remove or correct any nonconforming facility. In the event that Applicant fails to remove or correct any nonconforming use or facility,Lower Boulder may do so at Applicant's expense. 7. All communication or correspondence between the parties regarding Applicant's proposed facilities or this Agreement shall be directed to: David J.Yardley, Secretary New Consolidated Lower Boulder Reservoir and Ditch Company 3838 Florentine Circle Longmont,CO 80503 with a copy to: Jeffrey J.Kahn,Esq. Bernard,Lyons,Gaddis&Kahn, P.C. P.O. Box 978 Longmont,CO 80502-0978 Highland Acquisition Group,LLC c/o Robert Bulthaup 6297 S. Potomac Way Centennial, CO 80111 with a copy to: Grant,Grant&Goiran 436 Kauffman St. Longmont,CO 80501 Either party may change the personnel and addresses to which notice is given,by written notice to the other party. MACINTOSH NO:USERSOAMIO.OOCUMENTS:WI:MS WORO 'L a:AM051za PA DOCUL£MTS F:CLBRIO/BASENNE:0 SCHMQE DOGS:BU THAUP CONSENT AGREEMENT.00C Mar 10 05 01 : 29p Robfe.' Bulthaup 303-7e-‘-4838 p. 4 8. Applicant shall notify Lower Boulder three working days(Saturdays and Sundays excluded) preceding the date of commencing work involving the installation,repair,or replacement of facilities permitted hereunder.Lower Boulder will inspect all facilities constructed,modified,or repaired pursuant to this Agreement during the construction or repair thereof,and Applicant agrees to reimburse Lower Boulder for all administrative and inspection costs incurred for this purpose.For purposes of this Agreement,reimbursement shall be made by Applicant at the actual hourly rate for labor and equipment currently utilized by Lower Boulder in computing job costs.A statement for the total costs properly chargeable to Applicant hereunder will be forwarded to Applicant upon completion of the authorized construction or repair,and the same shall be paid to Lower Boulder within thirty(30)days after the billing date. If payment has not been received by Lower Boulder within said thirty(30)days of the billing date,this Agreement shall immediately terminate. 9. Applicant agrees that no construction shall take place within the Canal right-of-way during the water delivery season, which is between April 1 and October 31 or any calendar year(overhead power or communication lines excluded). Furthermore,Applicant agrees that construction permitted hereunder shall proceed uninterrupted from the initiation of such construction to its completion, unless Lower Boulder requests that construction be interrupted or cease. 10. The facilities constructed by Applicant on the Subject Lands shall at all times be used in a manner and by means that will not create a hazard to the public or the officers,directors,employees,agents and contractors of Lower Boulder. 11. Lower Boulder reserves the right to object to and demand the immediate cessation of any activities by Applicant that in any way interfere with,or threaten to interfere with,the use,operation, maintenance,repair or administration of the Canal. 12. Applicant shall not assign this Agreement without prior written consent of Lower Boulder,which will not be unreasonably withheld. Lower Boulder may impose reasonable requirements and conditions upon consent to assignment. 13. This Agreement and the consent granted herein shall terminate upon agreement of the parties or the abandonment of Applicant's facilities constructed on the Subject Lands. Abandonment shall be deemed to have occurred when the facilities have not been used for a period of two years or if the facilities have not been installed within a period of two years from the date of this Agreement.Applicant shall bear all costs of restoration of the Canal and its right-of-way to the original condition upon abandonment of Applicant's facilities or termination of this Agreement. In the event that Applicant fails to so restore the Canal and its right-of-way to its original condition,Lower Boulder may do so at Applicant's expense. 14. As consideration for this Agreement,Applicant shall,upon execution hereof,pay to Lower Boulder the sum of One Thousand Dollars($1,000.00)for processing purposes. 15. Applicant shall acknowledge receipt and acceptance of these conditions by completing the signature and date spaces below and returning all copies of this Agreement to Lower Boulder for further processing.An executed copy of this Agreement will be returned to Applicant,and Applicant may proceed with the authorized activities after Applicant has received its copy of the executed Agreement. MACINTOSH HDUSERS DAVID:DOCUMENTS DAY PAS WORD 3 C3 1240 Al DOCUMENTS'.RF'CTBRW,BASELJNE:DISCHARGE DCCSBULTHAUp CONSENTJ AGREEMENT.DOC Mar 10 05 01 : 29p Robr^` Bu1thaup 303-7^-4838 ___ p• 5 APPLICANT Date 3/0Or (Sig lure) (Title) LOWER BOULDER Date 3//D ) o s (Signature) 5ea2c7Yi/Ly (Title) MACINTOSH H USERSDAVIDDOCVMENTS OJO 5 WORD 4 01Om61240 PM DCc11I.ENTS RF CLSRAdBtiSELINE:DIScHMCE DOc6-.aULT AOP CONSENT AGREEMENT Doc Aqua Engineering, Inc. MEMORANDUM 4803 Innovation Drive MEMORANDUM Fort Collins, Colorado 80525 Office: 970.229.9668 FAX: 970.226.3855 February 23, 2005 TO: David Yardley FAX: 303-485-9461 Lower Boulder Ditch Co. TO: Bob Kelsey FAX: 720-855-3860 Peak Civil Consultants, Inc. FROM: Amy L. Johnson, Aqua Engineering 1 Page Chris Pletcher, RTW RE: Highland Farms, Storm Drainage The Highland Farm Construction Plans (dated 12/20/04) and the Final Drainage Report for Highland Farms (dated 12/04) have been reviewed as related to the Lower Boulder Ditch Company's acceptance of storm water into the ditch. Rothberg, Tamburini & Winsor(RTW) Engineers provided the storm drainage review in conjunction with Aqua Engineering, Inc. Following is a summary of review comments. The required information and/or changes are needed for a final review. 1) The detention basin should be excavated deeper in accordance with previous agreement with the Company. Modify the drawings to reflect the changes. 2) The drawings show the weir between 4,999 and 4,999.99. The minimum elevation for the weir is 5,000. Modify the drawings to reflect the minimum elevation. 3) The concrete channel should be terminated in the lower portion of the basin as previously discussed. Modify the drawings to reflect the changes. 4) The 24-inch diameter storm drain pipe design from the pond to the ditch should include tail water conditions in the ditch and a backwater calculation to ensure that a hydraulic jump does not occur in the outfall pipe. Provide calculations. 5) A staged outlet structure is required. The main outlet pipe invert should be at an elevation 6-inches above the bottom of the pond. A second outlet pipe and gate should be set at the same elevation as the pond bottom. The second gate (lower pipe)will be used to remove all water from the pond if needed. The normal operation will be for water to exit the pond through the main outlet pipe that is 6-inches above the bottom of the pond. An underdrain system is also an option to remove the remainder of the water below the main outlet pipe. Provide updated detail incorporating two outlet pipes at the required elevations. 6) The outlet structure must include a removable trash rack and the gate operating wheel must include a security lock to prevent tampering. The final construction drawings should reflect these changes and correct the typos in the elevations listed (5993.9 shown on drawings). Provide updated detail. 7) The overflow rip rap should not be grouted. Modify drawings to reflect change. Please call with any questions. Page 1 X:\04.33\Documents\COMMENTS\M-Lower Boulder 2-22-05.doc Mar 10 05 01 : 30p Robr"'t Bulthaup 303-7'—`-4838 p. 6 Aqua Engineering, Inc. MEMORANDUM 4803 Innovation Drive MEMORANDUM Fort Collins, Colorado 80525 Office: 970.229,9668 FAX: 970.226.3855 February 23, 2005 TO: David Yardley FAX: 303-485-9461 Lower Boulder Ditch Co. TO: Bob Kelsey FAX: 720-855-3860 Peak Civil Consultants, Inc. FROM: Amy L. Johnson,Aqua Engineering 1 Page Chris Pletcher, RTW RE Highland Farms, Storm Drainage The Highland Farm Construction Plans(dated 12/20/04)and the Final Drainage Report for Highland Farms (dated 12/04) have been reviewed as related to the Lower Boulder Ditch Company's acceptance of storm water into the ditch. Rothberg,Tamburini&Winsor(RT11V) Engineers provided the storm drainage review in conjunction with Aqua Engineering, Inc. Following is a summary of review comments. The required information and/or changes are needed for a final review. 1) The detention basin should be excavated deeper in accordance with previous agreement with the Company. Modify the drawings to reflect the changes. Pond bottom revised to include a small siltation basin,as discussed onsite with Dave Yardley 1/21/05. 2) The drawings show the weir between 4,999 and 4,999.99. The minimum elevation for the weir is 5,000. Modify the drawings to reflect the minimum elevation. This had been revised previously by Peak internally, and is now shown correctly. 3) The concrete channel should be terminated in the lower portion of the basin as previously discussed. Modify the drawings to reflect the changes. Trickle channel terminated at the siltation basin edge as discussed onsite with Dave Yardley 1/21/05. 4) The 24-inch diameter storm drain pipe design from the pond to the ditch should include tail water conditions in the ditch and a backwater calculation to ensure that a hydraulic jump does not occur in the outfall pipe. Provide calculations. I believe the intent of the outlet structure is to release water into the Ditch when the Ditch is not running (we don't want to suck water out of the ditch). The outfall pipe from the pond to the irrigation ditch is only an 18"diameter pipe. The 18"pipe has been designed at a mild slope of 1.37% for sub-critical full-flow, therefore no hydraulic jump will occur within the pipe. The capacity of the pipe is 12.3 cis (V=7fps) at full flow. A hydraulic jump will most likely occur at the pipe outlet, if the Ditch is empty. The outlet into the ditch is protected from erosion with riprap. 5) A staged outlet structure is required. The main outlet pipe invert should be at an elevation 6-inches above the bottom of the pond. A second outlet pipe and gate should be set at the same elevation as the pond bottom. The second gate (lower pipe) will be used to Mar 10 05 01 : 30p Robe^ Bulthaup 303-7^-4838 p. 7 Memorandum—Lower Boulder Ditch February 16,2004 remove all water from the pond if needed.The normal operation will be for water to exit the pond through the main outlet pipe that is 6-inches above the bottom of the pond. An underdrain system is also an option to remove the remainder of the water below the main outlet pipe. Provide updated detail incorporating two outlet pipes at the required elevations. Per our phone conversation, the siltation basin does not need a drain or second outlet pipe. We do not want to send silty water from this basin into the ditch. The concept, as discussed with Dave Yardley and the other Ditch representatives onsite on 1/21/05, was that the basin would be a sump with no outlet and would be dredged with a backhoe as needed when it fills up sediment. 6) The outlet structure must include a removable trash rack and the gate operating wheel must include a security lock to prevent tampering. The final construction drawings should reflect these changes and correct the typos in the elevations listed (5993.9 shown on drawings). Provide updated detail. A trash rack has been added in front of the sluice gate. A lock for the wheel operator has been noted on detail. Elevations revised. 7) The overflow rip rap should not be grouted. Modify drawings to reflect change. The overflow riprap was not shown as grouted, it was shown as buried. Per the onsite meeting, the overflow has been revised to be un-buried riprap. Please call with any questions. I DN l ,^' _icy _ w.�„�.. \,_. �y b' Q ' 1 ,...� I .. I •• nl .. N �y1�-' ; rc inCOTTO;AZ -1:220_,,,:r1-.."1.7:=77 pl pi I� .. ..,.ww r . _ 1y __ . .\ STATE HIGHWAY p I� Z."' _. Si u 24-ft.:- X --1 '©� n o, .o�..l -}P �o� CD r. / i, - pp�y{y�''!....-,V,-".- N.KID ye" '„, - w.. a. _a''. f a /J CC /: / " �`�' � �� i � m�r_i �1_ _- Syr Cr Q �1-/ \ ter. 1-_' /u v` „t,.,„,. r + - �V IPh19zwt �/ r y l� _\ 5 y}� ( Isf war E•090N CONTROL LFfFIiO f� Ja c J w �s' i AaNc IA EA,' r. � s T r _ F "—cc"— © O_. t*Aju)/7/ ' : »<. m.. ®L ",��r++� N4 CC Lj .'<n:<; /ocis ,, rtdvil ',m /� `•\`./ 'i.,\ 1\� 11• 'oi. ...,-..,.<.., O WG c9 VT ‘IrPR 11 LQI' j. s r' �,� �.! 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ILI OVERALL PLAN — F� ;^ I 8 'd Beet,- ,L-EOE dneggj ng sgoa doe TO SO OT SEW 21sz ;c -9L�m / a gI' za —.- -c°`- cs ₹ a __ 1 � CAS __ t >g,}F �. �A 3I n₹ 3� FV c18,-, 4kT ` 3.1 SI2t dY L _I� p4csvi F.,�v�.� aia[ I\ \ . K ` 1 / self, R •gn9 i1 r �l�� I �J WI \_ \ N�1.1--.=-"V , = _ fir - '' d --Cr '�fr. ?egg /r /� W,rir./ix 1 i _I i i 3, //4/ ��i iii/rgir gg /./// i_J L / I :, I .e�j.�� ae n / 3FF e ? 7 / r r d i _,__ _ �"l / g8 ,r r 1, ` iF QP L g I I I F-_7J I,r %'/ ,1 0 a„'A\ ., z f4� /q^ v ��; 3e 4. ;or e x I I I i !Ai(/' 4 � ny 9 i , / j " l�r l•� ° iii 11 el; / Il Gli// / /, '��' � ra / / 1 ‘ \ I I /,i r Hi '4/, l/1f O l / \ \ .i= I. / / ,/l ' /,1a1/l ,/1/f ,4 .. l l /' / 1 1 : ;/il,�'Krl;1r lg1 la ya/ / 1 BPS ' li , '' ' / , L797-6---. e//77;2 /le 4/91Y / I, \sF : ; ^ 7_ / thtrl 'iYi / ' ///7 / 49." '°s'4°' I r ' ,/; /, P. , 46 4,14 , ( Iii / _ ` Vr9/• 3i . §fi !bq41 gg of a q Lii7'iE ' ' � Ygi 4Jf-rgg24 j yY4, (` I fE g� 6F Kill'Sp' E lr 4 : I re ,8 • V c<a5` ;' 8 I 44! 'S q$ t" aW@ it .1.1 t¢a¢:qk HIGHLAND FARMS �� rn of gtII 4, w' �g y @¢aysxpI RETENTION POND PLAN kg! Ai t 5 9 OT 'd eEgb-991.-E06 dneq'3ing Z...pagoa dac : IO SO 01 JEW 3 01 1 o R —13 ()I .,.wo1 wotrT t c. ---F mam... x- «1 gym, I Ii/i \ J/ �� O l. r , i to l I ^M / n, \ f t.. J �'! h E: ' a °t tad K S ceZ W DICROWle WV 5L•bICZ Oa. I., w o HIGHLAND COURT RETENTION POND OUTFALL HIGHLAND LANE a MIL=. .=a —s= eal ae e-g � ckt) :s - '"°. �y M r OW '0 5025— —�ma.m �s!I m �� — . ®_n ® AIlq.-011.. 025 'wax .r cr 00 X in 5020 MM ei — e= ® III.r ® ..� 020 Z v��vim ®e_ = � --_� gym_ __t • li Kp �N GsTo�caiim�-ai^i®- ®®ate fisMEImaa �,��. ��_� = .,15 50.0Mg1 an� JZ a �s � ®5010 r i - 5005 mmcelast= — 4il►r en-1 _-a _ nanzo e_ Boas o —� .,.�7,�. -�ee-c�o�-n ae ci .m t T''_ 61� .ss�� a CO s W2i �� —..w.- I = 5000 I` 5000 Cr_.=n == as nr - 1��nnEla swieR+� =Mil ee, nis As_ a CO l 0995� IIt®� CC � Y-_' � zla�® �`.Y�L�s= � �� m C�'�'�_s- �t-=M� zT•Y6: N1 /eMI _r r-CJ AAmw�_ IM O IMMa �®i� 4144 a °r CO {99U�� .rC�,- `CSS��IC_3_ Cit !m1�63�S3 ::-L__---see � {990 "411K1tct,p..1 � 00 4995 -- ��nEM-__ m{41 f iWliM �_ � nets! {950Ene A � i - -� —� �o rw. 4,9„M 9J5 �� _ I0 Ij'=.°91:L j•a� e: i —t13_e;= --e T.em-t {9J5 L.:?, _ -- mo t 59. ►�Bl ..t= 't1-_e•s-ave.. m ',aeu l., v RI_Es � ... l9JOSTS� .. __ �-i - >� �T� - - 4-•4-OC{970 7 -e it .7 ° . I"c1/ QQQ l �+ I is \ E I.' i P€ gl \� ( y/ ! I4 ?/\ \ ♦ n�I� E ' �� .` \\\ ,.`�\I \\\ 411 � i ; • �c.L t, _I I •7 Y'1 ' :l:i �r1R , hi 1 / I : p v i nl ' I_ iii I •I i II { II I i I —¢±01*"`,7---- '- r �I 1 m� S', L s q is [. eR i. ag`:ii i if I I / D� i I I I I �v -1,f \'`''a a >v 1 i • y/ a iri ! ; 1 ilgtE lf .a y i ) A g u n a: u 's a. HIGHLAND FARMS —= ` " ? as Mt >g 4!§{R. $ ] sF G.C FINAL DRAINAGE PLAN tp Z f b lit ' • L t TD: $gg a F r. 1ZI 'd se - I.-EOE dneypinH '- 21�9� dSE iO SO OI JEW 03/10/2005 11:54 3034851W-7 STF JERRY B0ULDT+"' PAGE 01 SIT LZ FAX TRANSMITTAL SHEET 3733 Florentine Circle• Longmont,Colorado 80503 Fax:(303)485-1017. Phone: (303)881-4952 E-mail address:Jsbou76@aol.com To:Bob Kelsey From: Jerry Bouldin Company: Date: Fax number: 720-855-3860 Total no. Phone number: Sender's phone number: Subject: Bulthaup Property Fire Letter ®URGENT 0 FOR REVIEW ❑PLEASE COMPLY O PLEASE REPLY 0 PLEASE CALL UPON RECEIPT NOTES /COMMENTS: Bob, Please see attached letter. Hope this will do we do need to add a hydrant at about station 8.00 on Highland Court she is giving us the letter with that promise. Thanks, Jerry B • (;) ® . • t''°u"r4fk MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road•Longmont,CO 80501 (303)772-0710•FAX(303)651-7702 PIEVS August 3.2005 Mr. Kirby Smith Kirby Smith&Associates.Inc. 6201 South Hudson Court . Centennial.CO 80121 'Dear Mr.Smith: • 1 have reviewed the submitted material pertaining to the proposed street names and addresses for the Highland Farms P[JD, located south of Highway 52 at Weld County Road 3.25 in Weld County (Case Number. PF-1047. The Fire District does not object to the addresses and street names as proposed. The Mountain View Fire Protection District is both the fire service provider as well as the ambulance service provider for this property. .Should you have any questions,please contact me at 772-0710. Sincerely. •cif cSU - LuAnti Pcnfold # • - - Fire Marshal LMP/lp cc: project fiic 108.03.03 • Stator 1 Station£ Sim 3 S16tion a • $tat 1 E t auan 8 Sc.tt 17 8118 Cm Cho Rd. 142001dead ac.Urd R P.O.Ctrs 51S P.O;6cx It 10951 Dobbin Rul SO Bonanza Or. P.O.DU 40 tAognara.00 ton0ment.CO 209 PalcipAve. 8500 Numt Read ' 'lateyr1u.00 Elie,CO 100 So."west`St'. 80501 8-0506 Meos.CO 64542 !tint CO 50344 80026 80516 OaaGn0.CO 40514 03/10/2005 11:54 3034851''' STF JERRY B0ULDT'^ PAGE 02 Mar 10 05 11 : 19a My. RD RDM1el 3036.,i7702 p. 1 '"°u"''w MOUNTAIN VIEW FIRE PROTECTION DISTRICT F •a Administrative Office: c 9119 County Line Road•Longmont,CO 80501 (303)772-0710• FAX(303)651-7702 NaW March 10.2005 Mr.Jerry Bouldin Start To Finish 3733 Florentine Court Longmont,CO 80503 Dear Mr. Bouldin: I have reviewed the plans dated 02-28-05 pertaining to the Highland Farms Subdivision. The Fire District is satisfied with the lot plan, proposed fire deponent access as well as the emergency access shown in the southwestern portioo of the project. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. Should you have any questions, please contact me at(303)772-0710. Sincerely, LuAstn PenfMarshal d Fire M Marshal LMP/Ip cc: project file 1p01.13 05 Belem e 3leoans Sob*a Ciao,5 Maw !Natant II is Cow Lino Pa. 15511 WOW P.O.Bed 5tti PO.14.1, 10011 Dtho:. /Imo 50 Bonanza m •O.flap I.agmle.CO thorn"CO Sgt lsngr Ave. 1500 lino(wasp Latent.CO Ede.CO 000 f4 saw hi. 90951 00500 Ni• .CC 107.02 NIWM.CO 10144 90020 •4110 Donna,COS0tr. • MAR-28-2005 09:49A11 FROM-ADIAT ^ +9703502198 T-292 P 002/008 F-895 COLORADO OLYANTMLNT OF 7RANSPURTAI. .4 coca r rerme rvu. STATE HIGHWAY ACCESS PERMIT 404069 State highway NolMp/Side 52/V008.420TR Permit lee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 03/23/2005 04/01/09 Weld County The Permittee(s); Applicant; Ref No.2005 Rob Bulthaup Rob Bulthaup Highland Acquisition Group, LLC Highland Acquisition Group, LLC 6297 S.Potomac Way 6297 S.Potomac Way Centennial,CO 80111 Centennial,CO 80111 303-792-0885 303-792-0885 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed.maintained and used in accordance with this permit,Including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit The issuing authority,the Department end their duly appointed agents and employees shall be held harmless against any action for personal Injury or property damage sustained by reason of the exercise of the permit. Location: The access is to be located on State Highway 52,a distance of 2,212 feet east of Mile Post 8 on the south/right side. Access to Provide Service to: Single-Family Detached Housing 9 Each 100.00 % Other terms and conditions: *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley at 970.350- 2147 at least 40 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative Of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Psi-mitten Date (x) This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date(of issue) Tide (x) Access Manager Cepy Distribution: Requin0: Mato copies ace necessary tor. Previous editions are obsolete and may not be used 1.Regloa Local Authority Inspector CDOT Form S101 Brea 2.Appsant MTCe Petrol Trans sngtneer 3.Stem Access Section MAR-28-2005 08:51Ati FR011-A0MT !', +9703502)98 T-2F"- P.008/005 F-805 rkaulnaauthoriyapp a 0d1 Fyl COLORADO DEPARTMENT OF TRANSPORTATION I acpplarlce date: 3�aaf b5 STATE HIGHWAY ACCESS PERMIT APPLICATION Inetruetans: - contact the Department of Transportation or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this.form(some questions may not apply to you)and attach all necessary documents and submit it to the Issuing authority.Submit an application for each access requested.• it you have any questions contact the issuing authority Please print or type IIProperty owner(Nominee) 2JApplIcant 11JI,HLA1YD ACOu158TIOia C.ROtAPA LLG street address,city street sweu,city rip ae 7 S. PDtorn �e state e sateazip phone*,Can+enrnat CO 80111 3q3--792-O88.5 3)Addess of propey Its ea served by permit(if known) s)Legal mwtl✓dand ry: dam le oatenS I 5 N I nap W Weld IRE-31O5 I I S I 5)Wham=highway are you requesting access from? 16)What side of the highway ❑ N MS OE ❑ W 7)How many feet the proposed access from the nearest mile post? How many real le the proposed access hum the neatest woes ewe? A feel circle: N S W )from. Dial, N Nat(circle: N E W hem: / B)Check hare I you era requesting pc new access U temporary access O Improvement to existing access 4 change in access use X removal of access g)What is the approximate dram yea Wand to beginconstn¢tlon? s'OS Internal. 10)Do you Iowa leemiedgs of any Sate Highway access permits sanding MU property,oratfjacenl properties In which you haves popery date: 6➢ no O yes,it o rro yes•what are the permit nuer(s)?: permit II)Does the property ewnerown or have'manifests a enyer:jaunt property? X no ❑ yes,II yes-please describe: 12)Are ogre other existing or dedicated pubic streets,roads,highwayser access easements bordering or within the property? Ell no O yes,if yes-list them on your plans and indicate the proposed and existing access points. 13111 you are requesting commercial or industrial access please Indent the types and number of busin 00000 and provide the floor area square footage of each. business business aware footagesquare footage Eby,er58INCY I I I te)If you are feW esdng agricultural kid access-how many mss will the saes,serve? 15)11you alts requesting residential developement access,what is the type(single family,eperbnent,townhouse)sad number of units? number of units ripe number of units typo syncs\e Fe tky I 9 I I I 16)Provide the following vehicle count estimates farveMdes thatwllt use she access.Leaving the property then returning Is sae counts.Indicate if yeurcounban O peak hour volumes or O average daily volumes. A a paws„am ace NM wok, Iaa,das aka sal sits which* CO e. ea sew me..ed.5 la aa.a a sot a e ham vendee Old.wbaml Total count of all vehicles ( 17)Check with daaaang authority to determine which of the following documents we required to complete the review of your application.. (place should be no larger Plan 24'a 96') e) Property map imitating otherness,bordering roads and drab. a) Highway and driveway plan profile. I) Proposedaccessdesign b) Dakageplan shoving Impact to the highway right-olway. g) Parcel endownerehlp maps including easements. c) Map and Patient detailing utility locations before and altar h) Sgnng and swiping plans. development in end along the right-el-way I) Walk control plan. d) Subdvitn,zoning,ordevsopmentphn. j) Proof othaWByInsurance. It an access permit is issued to you it will state the terms and conditions for its use.Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury In the second degree,and any other applicable state or federal laws,that all Information provided on this form and submitted attachments are to the best of their knowledge true and complete. Applicants signature 4,fp(..4. ,gc.a.s.n r dd 4 4 4 L44 Dais 'L47 ii/A476,---- • h the applicant is'not th owner of the property,we require this application also to be signed by the property owner or their legally authorized representative(or other acceptable written evidence)-This signature shall constitute agreement with this application by all owners-of-Interest unless stated in writing.It a permit is authorized,the property owner will be listed as the permittee. Properyowner signature "ICI(kaNwo OJ at 7» Y.*.0 f at•,{/J Data iJ�! .rim....a,w�`��i� d exhaustedL�� ' Coot keno itsr e@6 • ST. VRAIN VALLEY SCHOOLS y 2 3 0 8 8 0 395 S.Pratt Parkway O - J' _ orLongmont,CO 80501 DATE d • /7(30003)776-62,00�,(J 7V`yA RECEIVED FROM• �� /ry DOLLARS, $5y7'aSa THE SUM O�c ..e_ 79,�� FOR ��/j 2C2 9. evco. 02 VO , , // m20 AMOUNT OF ACCOUNT $ / - / AMOUNT PAID $ 7 tea B Y BALANCE DUE $ BY \/ 0 CASH 0 CHECK O.M.O. 0 CREDIT CARD • • • • • • • • • O C ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES In agcordance with the AAjreement Concerning Fair Contributions for Public School Sites between the (41,#4.4.3 v &r 1FloMfTWeld County) and the St. Vrain Valley School District RE-1J, the St. Vrain Valley School District acknowledges that the applicable payments in-lieu of land dedication for public school sites, as set forth below, has been paid by the person or entity and for the property described,to be deposited into the Fair Contribution for Public School Sites Account. Property address (if known): Lot and Block Number: i i Name of Area or Development: 1419 Il -nd0 alai Calculation of Fee Amount(Based on Type of Residential.Dwelling) Single Family Home @$645 per unit X 9 11^) Ire Date Paid: 0/1��/Receipt Number:)330 880 Amount Paid: $_6; rg0C erb Feeder Area: (Acct. 29.769.0000.2040.000000./I .000.00 St.Vrain Valley School �District RE-1J By: (X/ Authorized Sc ool District Represent t� (NOT VALID ITHOUT SCHOOL DISTRICT SEAL) Alf#14000 Ale tailTdJ Qi6it, tic 9 A6Jtr du`124t(Wfi-- Property O er(s)Name (pl se print) Prop y wner(s) Sign ure(s) ( aid by Owner) Contractor's Name (please print) Contractor's Signature (If paid by Contractor) • St. Vrain Valley School District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 October 07,2004 Mr.Jerry Bouldin 3733 Florentine Circle Longmont,Colorado 80503 Subject:Highland Farms Development located South of and adjacent to Highway 52 and approximately 1/4 mile east of WCR 3.Lot B of RE-3105 being part of Section 5,T1N, R68W of the 6th P.M.,Weld County Colorado. Dear Mr.Bouldin, Thank you,for sending me a copy of the plat for this development.After reviewing your plans it is my recommendation that the turn around be relocated where Highland Point and Highland Lane come together.Once this change is made,this plat would meet the requirements for the St.Vrain Valley School District.Although it is our intent to utilize this location as a bus stop for this development the St.Vrain Valley School District does reserve the right to relocate bus stops as the district deems necessary.Therefore,this particular development would not require the installation of a bus shelter. If I can be of further assistance please feel free to contact me a t(303)672-7253. Respectfully, hi /Pr Y, Rick Ring Director of Custodial&Transportation Services Colorado Secretary of State "�Ilt'd Date and Time: 06/20/2005 02:35 PM Document Processing Fee Entity Id: 20051239170 If document is on paper: $125.00 If document is filed electronically: $ 50.00 Document number: 20051239170 Fees are subject to change. For electronic filing and to obtain copies of filed documents visit www.sos.state.co.us Deliver paper documents to: Colorado Secretary of State Business Division 1560 Broadway,Suite 200 Denver,CO 80202-5169 Paper documents must be typed or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to §7-90-301,et seq. and§7-122-101 of the Colorado Revised Statutes(C.R.S) 1. Entity name: Highland Farms Homeowners' Association, Inc. (The name of a nonprofit corporation may,but need not,contain the term or abbreviation "corporation", "incorporated", "company", "limited", "corp.", "inc.", "co."or'ltd." §7-90-601,C.R.S.) 2. Use of Restricted Words(f any of these terms are contained in an entity name,true O "bank"or"trust"or any derivative thereof name of an entity,trade name or trademark O "credit union" O "savings and loan" stated in this document,make the applicable O "insurance","casualty","mutual",or"surety" selection): 3. Principal office street address: 6297 South Potomac Way (Street name and number) Centennial CO 80111 (City) (State) (Postal/Zip Code) United States (Province-((applicable,) (Country-ifnot US) 4. Principal office mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—((applicable) (Country—if not US) 5. Registered agent: (if an individual): (Last) (First) (Middle) (Suffix) OR(if a business organization): Highland Acquisition Group, L.L.C. 6. The person appointed as registered agent in the document has consented to being so appointed. 7. Registered agent street address: 6297 South Potomac Way (Street name and number) Centennial CO_ 80111 (City) (State) (Postal/Zip Code) ARTINC_NPC Page I of 3 Rev.3/28/2005 8. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—if applicable) (Country—ifnot US) 9. If the corporation's period of duration is less than perpetual,state the date on which the period of duration expires: (mm/dd/yyyy) 10.(Optional) Delayed effective date: (mm/dd/yyyy) 11.Name(s)and address(es)of incorporator(s): (if an individual): (Last) (First) (Middle) (Suffix) OR(if a business organization): Highland Acquisition Group, L.L.C. 6297 South Potomac Way (Street name and number or Post Office Box information) Centennial CO 80111 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) (If more than three incorporators,mark this box ❑ and include an attachment stating the names and addresses of all incorporators.) ARTINC_NPC Page 2 of 3 Rev.3/28/2005 12.The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act. 13.The corporation will ❑✓ OR will not O have voting members. 14. A description of the distribution of assets upon dissolution is attached. 15.Additional information may be included pursuant to §7-122-102,C.R.S. and other organic statutes. If applicable,mark this box ✓❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 16.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Mitchell Leah L (Last) (First) (Middle) (Suffix) Grant, Grant & Goiran LLP Street name and number or Post Office Box information) P.O. Box 908 Longmont CO 80502-0908 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law, as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTINC_NPC Page 3 of 3 Rev.3/282005 NOTICE: This "image"is merely a display of information that was filed electronically. It is not an image that was created by optically scanning a paper document. No such paper document was filed. Consequently, no copy of a paper document is available regarding this document. Questions? Contact the Business Division. For contact information,please visit the Secretary of State's web site. Click the following links to view attachments Attachment 1 Articles ot Incorporation - Non Profit ARTICLES OF INCORPORATION HIGHLAND FARMS HOMEOWNERS' ASSOCIATION,INC. (A NONPROFIT CORPORATION) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Colorado, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Colorado Revised Nonprofit Corporation Act. Article I. Name and Principal Office The name of this corporation is HIGHLAND FARMS HOMEOWNERS' ASSOCIATION, INC. (referred to hereinafter as the "Association") and the principal office of the Association is 6297 South Potomac Way, Centennial, Colorado 80111. Registered Agent for Service and Address: The initial registered agent of the Association shall be Highland Acquisition Group, L.L.C. at the registered address of 6297 South Potomac Way, Centennial, Colorado 80111. Highland Acquisition Group, L.L.C. consents to the appointment as registered agent of this corporation: Article II. Duration The duration of the Association shall be perpetual. Article III. Purposes and Powers of Association 3.01 The Association shall operate the Highland Farms, PUD known as "Highland Farms Subdivision", located in Weld County, Colorado, in accordance with the Colorado Revised Nonprofit Corporation Act, as amended, and the Highland Farms Subdivision Declaration of Covenants, Conditions and Restrictions, as amended (the "Declaration"). For the purposes of these Articles, capitalized terms contained herein shall have the same meaning as such terms defined in the Declaration. 3.02 The Association shall promote the health, safety, welfare, and common benefit of the residents of Highland Farms Subdivision. 3.03 The Association shall do any and all permitted acts, and shall have and exercise any and all powers, rights, and privileges which are granted to a Homeowners' Association under the laws of the State of Colorado and the Declaration, Bylaws, Rules and Regulations, and other governing documents of the Association. 3.04 The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. Article IV. Dissolution In the event of dissolution of this Corporation, either voluntarily by the members hereof, by operation of law, or otherwise, then the assets of this Corporation shall be deemed to be owned by the members at the date of dissolution. Article V. Nonprofit The Association shall be a nonprofit corporation, without shares of stock. Article VI. Membership Rights and Qualifications 6.01 The classes, rights, and qualifications and the manner of election or appointment of members are as follows: Any person who holds title to a lot in The Highland Farms Subdivision (hereinafter "Lot") shall be a member of the Association. There shall be one membership for each Lot. This membership shall be automatically transferred upon the conveyance of that Lot. Voting shall be one vote per Lot, and the vote to which each membership is entitled is the vote assigned to its Lot in the Declaration of The Highland Farms Subdivision. If a Lot is owned by more than one person, those persons shall agree among themselves how a vote for that Lot's membership is to be cast. Individual co- owners may not cast fractional votes. A vote by a co-owner for the entire Lot's membership interest shalt be deemed to be pursuant to a valid proxy, unless another co- owner of the same Lot objects at the time the vote is cast, in which case such membership's vote shall not be counted. 6.02 The members shall be of one class, Lot Owners who own Lots as defined in the Declaration. These Lot Owners shall elect all members of the Executive Board, following the period of Declarant control defined below. 6.03 Notwithstanding the foregoing, the Declarant shall have additional rights and qualifications as may be provided under the Declaration, including the right to appoint members of the Executive Board as follows: During the period of Declarant Control, the Declarant, or persons designated by him or her, subject to certain limitations, may appoint and remove the officers and members of the Executive Board. The period of Declarant control terminates no later than the earlier of: (a) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business to Owners other than the Declarant or (b) upon Declarant executing and recording a Relinquishment of Declarant Rights indicating an earlier date of termination of the Period of Declarant Control The Declarant may voluntarily surrender the right to appoint and remove officers and Directors of the Executive Board before termination of the period of Declarant control, but in that event, the Declarant may require, for the duration of the period of Declarant control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. G UROULTLV1A-HIGILLANNIFC-COVCNA.NIMIGHLANTI FAL.5 ARTICLES OF IACORPOI,11 ON LIY9@n.OOC 6/20115 Article VII. Executive Board The initial Executive Board shall consist of three persons ("Directors"), and this number may be changed by a duly adopted amendment to the Bylaws, except that in no event may the number of Directors be less than three. The names and addresses of the persons who shall serve as Directors until their successors shall be elected and qualified shall be listed in the Bylaws of the Association. Article VIII. Incorporator The name and address of the incorporator is: Cameron A. Grant Grant, Grant& Goiran LLP 436 Coffman Street, Suite 200 P.O. Box 908 Longmont, Colorado 80502-0908 Article IX. Amendment Amendment of these Articles shall require the assent of at least two-thirds of the members of the Association as provided in the Colorado Nonprofit Corporation Act. Article X. Execution In Witness Whereof, the undersigned incorporator has signed these Articles this 20th day of June, 2005. — _i Cameron A. Grant, Incorporator G:W WULTRVIMEOE,ANO&IFC-COVCNANTSV IIGOLANO FARMS ARTICLES OF INCORPOIITION 91150620.DOC 6/20103 WHEN RECORDED,RETURN TO: GRANT,GRANT&GoIRAN LLP 436 COFFMAN STREET,SUITE 200 POST OFFICE BOX 908 LONGMONT,COLORADO 80502-0908 BARGAIN AND SALE DEED Grantor, Highland Acquisition Group, L.L.C., a Colorado limited liability company of the county of Weld and State of Colorado, for the consideration of the sum of Less Than $500.00 Dollars, in hand paid, herby sells and conveys to Highland Farms Homeowners' Association, Inc., a Colorado non-profit corporation whose legal address is 6297 S. Potomac Way, N Centennial, Colorado 80111, the following real property, in the County of Weld, and State of ct, o Colorado,to wit: o d 27.28 ± ACRE OPEN SPACE PARCEL, AS DESCRIBED ON THE FINAL PLAT U OF THE HIGHLAND FARMS PUD, LOCATED IN THE NW 1/4 OF SECTION a 5, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL a MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ACCORDING TO j THE PLAT THEREOF RECORDED OR TO BE RECORDED IN THE REAL ESTATE RECORDS OF WELD COUNTY, COLORADO w �n Ia also known by street and number as, Vacant Land, with all its appurtenances. U o Signed this day of , 2005. U O O O s• us HIGHLAND ACQUISITION GROUP, L.L.C. By: ROBERT M. BULTHAUP, MANAGER STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 200_ by Robert M. Bulthaup as Manager of Highland Acquisition Group, L.L.C., a Colorado limited liability company. Witness my hand and official seal. My commission expires Notary Public C\Documents and SeNngatrhnmMLooaJ SmtingAhmpotary Internet Fik&ALK29TBS Deed-HAG to HOA 20050621 prc S/LBS-CAG III 11111 11111 11111 IIIIIIP�,,,�II�IIII11111111111111111 � Wed County, CO ,"-1 of 1. R 6:00 0 0.00 Steve Moreno Clerk&.Recorder _ \C" WREN RECORDED,RETURN TO: GRANT,GRANT&GOIRAN LLP 436 COFFMAN STREET,SUITE 200 POST OFFICE Box 908 LONGMONT,COLORADO 80502-0908 BARGAIN AND SALE DEED g Grantor, Highland Acquisition Group,. L.L.C, a Colorado limited liability company of the county of Weld and State of Colorado, for the consideration of the sum of Less Than 8500:00" �, aDollars, in-hand paid, herby sells and conveys to Highland Farms Homeowners' Association, a- Inc.,a Colorado non-profit-corporation whose legal-address-is 6297 S:Potomac Way, Centennial, •8-o Colorado-801.1-1,-the-follow of-Weld,o Weld,_.and State of ColOrado,-to wit o ate' l . 0.23 NACRE-OPEN-SPACE TRACTA,-L22-NACRE-OPEN-SPACE.TRACT B,- L72- s ACRE OPEN SPACE TRACT C-AND 10.86± ACRE OPEN SPACE at TRACT D; AS DESCRIBED-ON 1'HE FINAL PLAT OF Flit HIGHLAND- - a �- FARMS-PUD, LOCATED-IN- 1HE NW 1/4 OF SECTION 5, TOWNSHIP 1- W r- NORTH,-RANGE 68-WEST OF IRE 67 PRINCIPAL-MERIDIAN,-COUNTY civ v ^ OF WELD, STATE OF COLORADO, ACCORDING TO lit PLAT THEREOF w-t. RECORDED OR TO BE RECORDED-IN THE REAL ESTATE RECORDS OF c4. WELD COUNTY,COLORADO v a'o Balso-known-by-street-and-number as;Vacant Land;with-all its appurtenances: o /08 A_ei Signed this 1 0 day of 4L51 ry , 200- 5. U r HIGHLAND ACQUISITION GROUP,L.L.C. _ By: A- R RT M. BULTHAUP, GER STATE OF COLORADO ) -, , - )ss. COUNTY OF °L ) The flgregoing instrument was acknowledged before me this tt day of Att.Cc. Sr- 2001 by Robert M. Bulthaup as Manager of Highland Acquisition Group, L.L.C., a Colorado limited liability company. `V Witness my hand and official seal. My commission 1 /-- a w =-\STINF�; II C. ,c:• <—'0 Notary Public :L , c VA, : sr l'i"c` •eL1O '...COLOFP`r_ rI 11111! 111111IIII IIIII II 11111111111111111111111111 1 Q l 02:47P Weld County, CO -ik ``,i 9 1 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder ' \`�� Highland Farms Subdivision Declaration of Covenants, Conditions i and Restrictions it THIS DECLARATION made and executed this b day of AP- U�� , 200 by Highland Acquisition Group,L.L.C. ("Declarant")as owner ofEots 1-9("Lot(s)")and the Ag Outlot (the "Ag Lot") of the Highland Farms Subdivision, Weld County, Colorado (the"Property"), pursuant to the plat thereof recorded, or to be recorded, in the real estate records of Weld County, Colorado (the"Final Plat"). The Property is the land to be burdened and the land to be benefited by the Covenants, Conditions, and Restrictions. Except where specifically included, the Ag Lot is not subject to this Declaration. WHEREAS,Declarant desires to develop the Property for residential purposes; WHEREAS, Declarant deems it desirable to subject the Property to the Covenants, Conditions and Restrictions set forth in this Declaration in order to preserve the values of the Lots and to enhance the quality of life for all owners of the Lots (the "Owner(s)"). WHEREAS, Declarant, therefore, declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways and easements, set forth in the Declaration, all of which shall run with the Property and inure to the benefit of, and be binding upon, all parties having any right, title or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. WHEREAS, Declarant hereby submits the real estate identified above to the provisions of the Colorado Common Interest Ownership Act, Sections 36-33.3-101 Colorado Revised Statutes ("Act"), as it may be amended from time to time. In the event the Act is repealed, the Act, on the effective date of the Declaration, shall remain applicable. NOW, THEREFORE, Declarant does hereby declare that all of the Lots shall be held, sold and conveyed subject to the following Covenants, Conditions and Restrictions which are for the purpose of protecting the value and desirability of the Property and which shall run with the real property and be binding on all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner. The purpose of these restrictions is to ensure the use of the Property for attractive country residential purposes, to prevent nuisances, to prevent the impairment of the attractiveness of the Property and to maintain the desired tone of the subdivision and intended purposes of the Property and thereby to secure to each Owner the full benefit and enjoyment of his or her home with no greater restriction on the free and undisturbed use of each Lot than is necessary to ensure the same advantages to the other Owners. c:w+,w�uomwmwmn.and aonvr�oe n.®�m xrowpzeoc �� 111111111111111111111111111I I III11111IIII Ivi 3316279 08/24/2005 02:47P Wel ounty, CO 2 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 1. DEFINITIONS. The words and terms defined in the Declaration shall have the meanings herein set forth unless the context clearly indicates otherwise. Any term not defined shall be construed pursuant to the Act or, if not defined in the Act, shall be given its common meaning. 1.1 Association. A Colorado Nonprofit Corporation known as The Highland Farms Homeowners Association, Inc., established pursuant to Article 2 of this Declaration. 1.2 Architectural Review Committee. A committee created by the Association pursuant to Section 5 of this Declaration. 1.3 Common Areas. Common Areas are all real and personal property owned, leased, or otherwise maintained by the Association for the common use and enjoyment of the Owners, including but not limited to common elements as defined in Colorado statutes, including designated open space lands, easements and rights of way for the common use and enjoyment of the Owners and improvements (including but not limited to open space irrigation system, open space landscaping, mail box structures, and school bus stops). 1.4 Declarant or Developer. The Declarant and/or Developer is Highland Acquisition Group,L.L.C . ("Declarant"), its successors and assigns. 1.5 Developer Responsibilities. Refers to the construction of roads, pursuant to specifications required by Weld County, known as Highland Place and Highland Way, the construction of a mail box receptacle for the subdivision, the construction of a school bus stop for the subdivision and the creation and landscaping of open space as depicted on the Final Plat. 1.6 Lot. A residential lot as platted on the Property. 1.7 Quorum. Except as otherwise provided in this Declaration, the Owners present in person or by proxy at any meeting of Owners, representing fifty percent(50%)of the votes in the Association, shall constitute a quorum at that meeting. 1.8 Single Family Dwelling. An independent structure designed and occupied as a residence for a single family. 1.9 Subdivision. Highland Farms Subdivision. 2. 'Mt ASSOCIATION. 2.1 Authority. The Association, through its Executive Board, shall manage the business affairs of Highland Farms Subdivision as provided in this Declaration C:MfeoP WAOWUOdbamalOmdROAWIghledP�m emends 2005OQfl4oc 1111111 1111 1111 Illll 111111 Ile!'III 11111 1111 111 CO) 33₹5279 08/24/2005 02:47P We ounty, CO y 3 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder so as to further the interests of the residents of the Subdivision and Members of the Association. The Association shall be governed by its Bylaws, amended from time to time. 2.2 Powers. The Association shall have such powers and authority that are permitted by the Act and necessary and proper to manage the business and affairs of the Subdivision. 2.3 Future Income. The Association may assign its future income, including its right to receive Common Expense assessments, only by the affirmative vote of the Lot Owners of Lots to which at least 51 percent of the votes in the Association are allocated, at a meeting called for that purpose. 2.4 Membership and Voting Rights. Every record owner of a Lot subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Where more than one person holds interest in any Lot, all such persons shall be Members. The Association shall have one class of voting membership. The Owner or Owners of each Lot shall be entitled to one vote. 2.5 Developer Control of the Association. Subject to the provision of Article 4.7 hereof, there is a "Period of Declarant Control" during which Period the Declarant may appoint and remove any officer of the Association or any member of the Executive Board. The Period of Declarant Control shall terminate no later than (a) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business to Owners other than the Declarant or (b) upon Declarant executing and recording a Relinquishment of Declarant Rights indicating an earlier date of termination of the Period of Declarant Control. 2.6 Right to Appoint and Remove. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 2.7 Election by Owners. At a meeting called for this purpose which shall be held no later than the expiration of the Period of Declarant Control, the Owners shall elect the Executive Board of the Association, which shall be comprised of at least three (3) members, at least a majority of whom shall be Owners other than Declarant or designated representatives of Owners other than Declarant. 2.8 Executive Board. The Association shall be managed by its Executive Board (the `Board"). The Board shall be elected by a vote of the Owners in annual meetings or special meetings of the Association, at which a quorum is present, called for that purpose according to the Articles of Incorporation and By-Laws of the Association. The Board of shall have such powers and duties and shall serve for such terms of office as are set forth in the Articles of Incorporation and By-Laws of the Association. C\Dae,P MO Wtoe®bmfMOAUEOWlava Covm#s]W1Y{oldm (� 111111111111 II Ili 111 III 111111111111 1► Q 3316279 08/24/2005 02:47P Weld County, COi 4 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 4.1.1 Notwithstanding any provision to the contrary in this Declaration, the Owners other than Declarant shall be entitled to remove any member of the Board, other than.any Director appointed by Declarant, by the affirmative vote of sixty-seven percent(67%)of the Owners other than Declarant. 3. ASSESSMENTS 3.1 Assessments. The Declarant and each Owner covenant and agree, or are deemed to covenant and agree by acceptance of a Deed to a Lot, to pay to the Association such Owner's allocated share of the Common Expenses. The term"Common Expenses" shall include the following items levied against a particular Owner or Lot: (i)the Owner's allocated interest in the Common Expenses; (ii) late charges, attorneys' fees, fines, and interest charged by the Association at the rate as determined by the Executive Board; (iii) charges against a particular Owner and the Lot for the purpose of reimbursing the Association for expenditures and other costs of the Association in curing any violation of these Covenants or other governing documents of the Association or Highland Farms Subdivision; and (iv) any sums permitted by these Covenants, other governing documents of the Association or Highland Farms Subdivision and the Act to be assessed against a particular Owner or Lot. Common Expenses shall be assessed to the Owners in one or more of the following categories(to be known collectively as"Assessments"): 3.2 General Assessments for expenses included in the budget, 3.3 Special Assessments for the purposes provided in this Declaration, and 3.4 Individual Lot Assessments for any charges particular to that Lot. 3.5 Upon default in the payment of any one or more installment payment(s), the Executive Board may accelerate the entire balance of such Assessment,which shall be declared due and payable in full. 3.6 General Assessments. The Executive Board shall set the date or dates such assessments become due and may provide for collection of assessments annually or in monthly, quarterly or semiannual installments. During the initial year of ownership, each Owner shall be responsible for his or her pro rata share of the annual General or Special Assessment charged to each Lot,prorated to the month of closing. 3.7 Special Assessment. In.addition to the General Assessment, the Executive-Board may levy in any fiscal year a Special Assessment applicable to that year and not more than the next four succeeding years as follows: (a) Capital Improvements. Any substantial capital improvement which has been approved in accordance with this Declaration, the Bylaw, Rules and Regulations ("Capital Improvements"), or any capital improvement not required to be approved by the Members, may be paid by Special Assessment. ,CTIAAPharcettuvutteediftopattlfACAPUD1Covasts end HOA\NeIAmfFeem Coommie2005gO02400 Q S3of 22 R 11100 279 St05D 0.00 Steve Moreno Clerk& Recorder (b) Emergency Assessment. By a two-thirds (2/3) vote, the Executive Board may impose a Special Assessment for any unusual or emergency maintenance or repair, or other expense required by this Declaration or the law (including, after depletion of reserves, any unexpected expenditures not provided by the budget or unanticipated increases in the amounts budgeted). 3.8 Individual Lot Assessment. The Executive Board may levy at any time an Individual Lot Assessment against a particular Lot for the purpose of defraying, in whole or in part, the cost of any special services to that Lot, for expenses approved by the Association, or any other charges designated in this Declaration as an Individual Lot Assessment. 3.9 Effect of Non-Payment of Assessment:Remedies. All Assessments, together with any late fee, interest and cost of collection when delinquent, including reasonable attorneys' fees whether or not suit is brought (collectively the "Assessment Charge") shall be the personal obligation of the Owner of the Lot at the time when the assessment was levied as well as the personal obligation of any and all subsequent Owners of the Lot, if unpaid. No Owner may waive or otherwise escape liability for the Assessment Charge by transfer, sale, or abandonment of the Lot. 3.10 Creation of Lien. The Assessment Charge shall also be charged on the land and shall be a continuing lien upon the Lot against which the Assessment Charge is made, which may be enforced upon recording of a claim of lien, which lien shall be superior to all other liens excepting any tax lien, any first mortgage (including Deed of Trust)recorded prior to the recording of the lien provided for herein. This lien, in favor of the Association, shall secure the Assessment Charge which is then due and which may accrue subsequent to the recording of the claim of lien and prior to entry of final judgment of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the Assessment Charge on the land,whether or not a lien has been filed. 3.11 Late Payments. If the Assessmentis not paid within thirty(30)days after the delinquency date,the Assessments shall bear interest from the date of delinquency at the rate of eighteen percent(18%)per annum; plus a late payment charge of Ten Dollars ($10.00) per month; and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property subject thereto; and there shall be added to the amount of such Assessment, interest as above provided, plus all costs of collection, including the Association's reasonable attorney's fees incurred in connection with the default and collection of amount due. 3.12 Filing of Lien. If the Association elects to file a lien, the Association may file with the Clerk and Recorder of Weld County, Colorado, a Statement of Lien with respect to the Lot, setting forth the name of the Owner,the legal description of the Lot, the name of the Association, and the amount of delinquent Assessments then owning, which Statement shall be duly signed and acknowledged by the President or Vice President of the Association, and which shall be served upon the Owner of the property by clotwieartestratrartOrtgaISGPtr brmaamdROAVGphlod P®Covma42WJWJ2. c 1111111111111111111111111111111111 " IIII11111 I'll III! 4 33'x5279 08/24/2005 02:47P Wel aunty, CO ' • 6. of22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder certified mail to the address of the property or at such other address as the Association may have in its records for the Owner of the property. Thirty(30)days following the mailing of such notice, the Association may proceed to foreclose the Statement of Lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Colorado. 3.13 Notice to First Mortgagee. A First Mortgagee is entitled to written notification of any default by the Owner of a Lot upon which their mortgage exists when there is a default in the performance of such Owner's obligations and such default has continued fora period of thirty(30)days. 3.14 Actions at Law. In either a personal or foreclosure action, the Association shall be entitled to recover as a part of the action the interest, costs and reasonable attorney's fees with respect to the action. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Areas, Common Facilities or abandonment of his/her Lot. (a) Perfection and Notice of Lien. Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. The Executive Board may prepare, and record in the county in which the Lot is located, a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a lien is filed, the cost thereof shall be considered an Assessment Charge. (b) Suit for Payment; Foreclosure of Lien. The Association may bring an action at law against the Owner personally obligated to pay the Assessment Charge, or may foreclose the lien in a manner similar to a mortgage lien (as further provided above), or both. The Association, acting on behalf of the Owners, shall have the power to bid for an interest in any Lot foreclosed at such foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot. (c) Other Remedies. The Association shall have the right to assess fines and suspend the voting rights and right to use of the Common Area by an Owner for any period during which any Assessment against his/her Lot remains unpaid. 3.15 Certification of Payment. The Treasurer of the Association, upon request of any Owner, shall furnish a certificate signed by a member of the Executive Board stating whether any assessments are paid to date by that Owner. Such certificate, when co-signed by the Secretary of the Association, may be relied upon by a good faith purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated to have been paid. CANIAnnalltmestratts1PropattHACAPITMCoveminmEHOAUrBNst4Pam Covenate100340=0x 111111 nit 11111 11111 11111 Iuçnu III 111111IIIIII• 4 3316279 08/24/2005 02:47Pld County, CO 7 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 3.16 Examination of Books and Records. A first mortgagee shall have the right to examine the books and records of the Association upon reasonable advance notice. 3.17 Notice to Mortgagee. Upon request of a mortgagee of any Lot, the Association shall report to such mortgagee any unpaid Assessments or other default under the terms of this Declaration which are not cured by said mortgagee's mortgagor within thirty(30)days. A report fee may be charged by the Association to the mortgagee to cover the cost of these services. 3.18 Notice of Meetings. Any first mortgagee of a Lot, upon written request, shall be entitled to written notice of all Association meetings and be permitted to send a representative to such meetings. 3.19 Mortgagee as Proxy. Each Owner shall have the right to irrevocably constitute and appoint the beneficiary of a trust deed to his/her true and lawful attorney to cast his/her vote in this Association at any and all meetings of the Association and to vest in the beneficiary any and all rights, privileges and powers that he has as Owner under the Articles of Incorporation and Bylaws of the Association or by virtue of the recorded Declaration of Covenants,Conditions, and Restrictions. Such proxy shall become effective upon the filing of notice by the beneficiary with the Secretary of the Association at such time or times as the beneficiary shall deem its security in jeopardy by reasons of failure, neglect or refusal of the Association, the managing agent or the Owners to carry out their duties as set forth in the Declaration of Covenants, Conditions and Restrictions. A release of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein shall be construed to relieve an Owner as mortgagor of his/her duties and obligations as an Owner or to impose upon the beneficiary of the deed of trust the duties and obligations of an Owner. 3.20 Payment of Assessments by Mortgagees. Mortgagees of a Lot may, jointly or singly, pay taxes, Assessments or other charges which are in default and which may or have become a charge against any Lot. 4. MAINTENANCE OF COMMON AREAS 4.1 Maintenance Program. Common Areas and Drainage Facilities. The Association shall establish a reasonable regular maintenance program for the Common Areas and drainage facilities. 4.2 Routine Safety Inspections: Correction of Unsafe Conditions. The Association shall cause routine safety inspections to be made of the Common Areas and promptly make reasonable corrections of unsafe conditions. 4.3 Common Maintenance Costs. Common Maintenance Costs shall be those costs necessary for the maintenance, repair and/or replacement of Common Areas. Such Common Areas include,but are not limited to the following: (a) Emergency access roads located in the open space; C1Dzil1F'�csftmstmattFmpvt➢llUOWIIDICvtm4nalHDMNightad Fs=Co;coat t WS09ndo. i `�111111 11111 11111 11111 111111 111111��IT!II lit3316279 08124/2005 8 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder (b) Riparian areas, if any; (c) Selected easements owned or held by the Association; (d) Designated open space; (e) Outlots; (0 Stormwater retention and/or detention facilities; (g) Stormwater conveyance facilities including drop structures, if any, inlet and outlet structures, stormwater conveyance swales and/or ditches in Common Areas, excluding swales and structures running through, over, under and/or adjacent to Lots held in private ownership; (h) Site identification signs; (i) Site informational and/or directional signage; (j) Incidental facility lighting, excluding street area lighting; (k) Irrigation systems, excluding such systems owned by individual Lot Owners; (1) Common gardens and/or entry features; (m) Security gates, if any; (n) Perimeter fencing, if any; (o) Security fencing, if any; and (p) Any other facilities, area, features, or elements the maintenance responsibility for which the majority of the Association may accede. The cost and expense of all maintenance assumed by the Association shall be paid for with Association funds collected by Assessments or otherwise as elsewhere provided in this Declaration. 5. ARCHITECTURAL REVIEW BOARD 5.1 Establishment and Membership of Architectural Review Committee. An Architectural Review Committee has been established by Declarant. The Architectural Review Committee shall continue until such time as the Association may be terminated. The Architectural Review Committee shall initially consist of the Declarant. During the Period of Declarant Control, the Declarant shall appoint the Architectural Review CMMrevmWwstinmoMRalAwPU6Annis end itl101Cal id PamNrmW 200560SAs I N 11111131113 111111 111111 1 S 11 I I I I I 1111 HI 3316279 08/24/2005 02.47P Weld o eno hi 9 of 22 R 111.00 D 0.00 Steve Mor Clerk&Recorder Committee. Thereafter the Architectural Review Committee shall be appointed by the Executive Board. 5.2 Professional Builder. Each Owner shall retain a qualified contractor to construct the residence and all significant improvements on such Owner's Lot. 5.3 Address of Architectural Review Committee. The address of the Architectural Review Committee shall be at the principal office of the Association. 5.4 Submission of Plans. Prior to commencement of work within the Subdivision to accomplish any proposed improvement to property, the person proposing to make such improvement to property("Applicant")shall submit to the Architectural Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Architectural Review Committee or its authorized agent. The Architectural Review Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed improvement to property. Until receipt by the Architectural Review Committee of all required materials in connection with the proposed improvement to property, the Architectural Review Committee may postpone review of any materials submitted for approval. 5.5 Criteria for Approval. The Architectural Review Committee shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole; that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the Subdivision; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the Subdivision or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Association. The Architectural Review Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Committee may deem appropriate. 5.6 Architectural Review Committee Guidelines or Rules. The Architectural Review Committee shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. 5.7 Architectural Review Fees. The Architectural Review Committee may, in its guidelines or rules, provide payment of fees to accompany each request for approval of any proposed improvement to property. The Architectural Review Committee may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property, or the fees may be determined in any other reasonable manner, such as based upon the reasonable cost of the proposed improvement to property. CiDatalograstwstzettProperty1HAMMICoverzeris alHOAWighl®d Pam Covme42005NQ-doc 111111111111IIIII1111111111111111 JI111111111III III O 3316279 08/24/2005 O2:47P Weld County, CO 10 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder 5.8 Decision of Architectural Review Committee. The decision of the Architectural Review Committee shall be made within thirty (30) days after receipt by the Architectural Review Committee of all materials required by the Architectural Review Committee. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property,the reason therefore shall be stated. The decision of the Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Committee. 5.9 Failure of Architectural Review Committee to Act on Plans. The Architectural Review Committee shall attempt to review plans submitted to it within thirty days (30) after receipt of all required materials. However, failure to approve or disapprove said plans within such time frame shall not affect the right of the Architectural Review to render a decision on said plans thereafter. 5.10 Notice of Completion. Promptly upon completion of the improvement to property, the Applicant shall give written notice of completion to the Architectural Review Committee and, for all purposes hereunder, the date of receipt of such notice of completion of such improvement to property. 5.11 Inspection of Work The Architectural Review Committee or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion. The right of inspection shall terminate thirty (30) days after the Architectural Review Committee shall have received a notice of completion from the Applicant, provided that the Architectural Review Committee is given full access and opportunity to undertake such inspection. Failure to allow such inspection shall extend the time frame to complete the inspection as the Architectural Review Committee may reasonably require. 5.12 Notice of Noncompliance. g as a result of inspections or otherwise, the Architectural Review Committee finds that any improvement to property has been done without obtaining the approval of the Architectural Review Committee or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Committee or was not completed within one year after the date of approval by the Architectural Review Committee, or was not commenced within two years of the conveyance of the Lot to the Lot owner, the Architectural Review Committee may notify the Applicant or Lot owner in writing of the noncompliance. The notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance. 5.13 Failure of Architectural Review Committee to Act After Completion. Upon receipt by the Architectural Review Committee of a written notice of completion from the Applicant, the Architectural Review Committee shall attempt to inspect the property and advise the Applicant of any noncompliance within thirty(30)days, but failure to do shall not affect the Architectural Review Committee's right to thereafter give a notice of noncompliance. aNDS,ffpineagmateraMPreperty&IAMPUMCoemails®eHOA\Th ba.$F.,mCuvmts=AgiJn[ 111111nil1111111111111111IIIII IIiiiilIIIIII1111 3316279 08/24/2005 02:47P Weld County, CO 11 of 22 R 111.00 D 0.00 Steve Moreno Clerk&Recorder 5.14 Correction of Noncompliance. If the Architectural Review Committee determines that a noncompliance exists, the Lot Owner shall remedy or remove the same within a period of not more than forty-five(45) days from the date of receipt by the Lot Owner of the ruling of the Architectural Review Committee. If the Lot Owner does not comply with the Architectural Review Committee's ruling within such period, the matter may be referred to the Association, and the Association may, in its discretion,record a notice of noncompliance against the real property on which the noncompliance exists, may institute judicial proceedings to allow it to remove the non complying improvement, or may otherwise remedy the noncompliance, and the Lot Owner shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the Applicant or Owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. 5.15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Committee or by the Association shall constitute a waiver or estoppels with respect to future action by the Architectural Review Committee or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Committee of any improvement to property shall not constitute approval of, or obligate the Architectural Review Committee to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. 5.16 Architectural Review Committee Power to Grant Variances. The Architectural Review Committee may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, undue hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Committee. If any such variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting oh a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 5.17 Compensation of Members. Members of the Architectural Review Committee shall receive no compensation for services rendered, except for its professional members, who shall be reasonably compensated for their services. All members shall receive reimbursement for out of pocket expenses actually incurred by them in the performance of their duties hereunder. c DAe4' /diAf.PDD\Coc IMAIlredzodYnts ConE 2dMWc 1 Mill 11111 11111 11111 111111 IIIIIIUI III 111111 III VIII a 1 3316279 08/24/2005 O2:47P Weld County, CO 12 of 22 R 111.00 0 0.00 Steve Moreno Clerk& Recorder 5.18 Meetings of Architectural Review Committee. The Architectural Review Committee shall meet form time to time as necessary to perform its duties hereunder. The Architectural Review Committee may, from time to time, by resolution in writing adopted by a majority of the members, designate an Architectural Review Committee Representative (who may, but need not, be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Committee, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Committee Representative within the authority of such Architectural Review Committee Representative or the written consent or the vote of a majority of the members of the Architectural Review Committee shall constitute action of the Architectural Review Committee. 5.19 Records of Actions. The Architectural Review Committee shall report in writing to the Association's Executive Board all final actions of the Architectural Review Committee and the Architectural Review Committee shall keep a permanent record of such reported actions. 5.20 Approval or Disapproval Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary fads with the Architectural Review Committee, furnish a certificate with respect to the approval or disapproval of any improvement to property or with respect to whether any improvement to property was made in compliance herewith. Any person without actual notice to the contrary shall be entitled to rely on said certificate with respect to all matters set forth therein. 5.21 No liability for Architectural Review Committee Action. None of the Architectural Review Committee, any member of the Architectural Review Committee, any Architectural Review Committee Representative, the Association, nor any member of the Association's Executive Board or Developer shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Architectural Review Committee, except that individuals may be liable for their own willful misconduct or bad faith. The Architectural Review Committee does not review property or improvements for safety or compliance with state and local law, and shall not be liable for injuries or claims related thereto. 6. ARCHITECTURAL STANDARDS 6.1 Restrictions. No building, barn corral, shed, storage structure, awning, fence or any other structure shall be erected, placed or altered on any Lot, nor shall there be any external modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Committee in writing. No material landscaping shall be installed on any Lot, or altered thereafter, unless a landscaping plan showing the nature, type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Committee, in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Committee must be obtained for QUIdaWisetlaveatAHAMPUIRCGieuatzmdImAHighmd Fro Mammas 2%!pgxmc 11111111111111111111111111111111111 :111111111 �I� IIII 1 a 3316279 08/24/2005 02:47P Weld County, CO 13 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder any of the following: (i) attachments to the exterior of a structure, (ii) installation of greenhouses, (iii) installation of patio covers„ landscaping, screening, trellises and the like, (iv) change in exterior paint colors (v) installation of any barn, corral, shed, or storage building (vi) any other exterior change, including cosmetic changes such as location, garage doors, shutters and the like. The authority of the Architectural Review Committee shall extend to the quality, workmanship and materials for any structure proposed; conformity and harmony of exterior design, and finish with existing structures within the Subdivision; location of all structures with respect to the existing buildings, topography and finished ground elevation; and all other matters required to assure that sure structures enhance the quality of the Subdivision and are erected in accordance with the plan for the Subdivision. 6.2 Guidelines and Rules. The Architectural Review Committee shall adopt Guidelines and Rules governing the type of structures to be permitted in the Subdivision, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Subdivision, so far as possible, desirable, attractive, beneficial, uniform, and suitable in,architectural design, materials, and appearance; limiting the use of lots to single family residential dwellings; guarding against unnecessary interference with the natural beauty of the Subdivision; locating structures on lots so as to minimize to the extent reasonably possible, the obstruction of views of other Lot Owners and prohibiting improper uses of adjoining properties in the Subdivision, all for the mutual benefits and protection of all Owners. 6.3 Size. The total square footage of the main structure of each private dwelling, exclusive of garages, carports, porches and patios shall not be less than 2500 square feet for single story dwellings and 3200 square feet for multiple story dwellings. No building shall exceed forty feet(40') in height as measured from ground level, and no building shall exceed two (2). stories and a loft as viewed from the street side. All dwellings must be constructed on site. 6.4 Garages and parking. Each Single Family Dwelling shall have an attached garage having space for at least two(2) automobiles. An additional garage may be constructed, if approved by the Architectural Review Committee. Each Lot must have provision for off street parking for at least two (2) automobiles, exclusive of garage space. Off street parking shall be provided in such a manner as to not block or impair garage access to and from the street. 6.5 Uniform Building Code. Any and all structures constructed upon or placed upon the subdivision, including but not limited to residential dwellings and all detached outbuildings shall be built to and comply with the Uniform Building Code as adopted by the Uniform Building Code for the State of Colorado. 6.6 Ground Cover. Each Owner agrees to maintain adequate ground cover free of noxious weeds on their described property so wind or water erosion does not occur and cause damage to adjacent property. Any ground cover loss due to construction shall be replaced within the first growing season. MD4lry AAopvtNN41PUMLbamacmdHOMEgIimJF2mv Cobmmto2Oh kt 1111111111111111111111111111IIIIII r+� I 111111111 1111111 o 3316279 08/24/2005 02:47P We County, Co • 14 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 6.7 Sales and Construction Facilities of Declarant. Notwithstanding any provision in this Article 6, Declarant, any participating builders, and their agents, employees and contractors shall be permitted to maintain during the period of construction and sale of the homes in the Subdivision upon such portion of the Property as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the construction, sale or rental of Lots and residences including, but not limited to, construction and storage areas, construction trailers, model homes and business and sales offices located in any Lots in the Subdivision, lighting, and temporary parking facilities for all employees of Declarant, provided, however, that the limit on Declarant's right to use the Property for sales purposes shall not limit its right to use the Properties for construction or development purposes; provided further that these rights shall terminate no later than ten(10)years after the effective date of this Declaration, and provided further, that such use shall not unreasonably interfere in any way with the right of ingress or egress to any privately owned residence and the use and enjoyment thereof as a private residence, nor the rights of ingress or egress to the Common Area and any improvements thereon, nor the use thereof for recreation or other proper purposes by the Owners and the Members, agents and Officers of the Association. 7. LAND USE AND OTHL+R RESTRICTIONS 7.1 Residential Lots. The land use of the lots shall be residential Single Family Dwellings. Buildings shall comply with state and local law, the requirements of the Architectural Review Committee as set forth in Article 8 and the Architectural Standards as set forth in Article 9. 7.2 Ag Lot. The Ag Lot shall be used for agricultural purposes only. 7.3 Lot Owner to Maintain Entire Lot. Each Owner is responsible for maintenance and landscaping of his or her entire Lot, including portions subject to any utility and drainage easements. Easements for the installation and maintenance of utilities, trails, landscaping, and drainage facilities are reserved as shown on the Final Plat, and include any recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain that may (1) damage or interfere with the installation and maintenance of utilities, (2) change the direction of flow of drainage channels in the easements which hinders or obstructs the use of the trails system, or (3) adversely affects landscaping installed by the Developer. If any landscaping or structure is installed that violates such requirements, the Association may give the property owner written notice to remove such landscaping or structure within fifteen (15) days. If the owner fails to move the landscaping or structure within that time,the Association may have such work done at the expense of the owner of the Lot. The Owner shall pay for such work within thirty (30) days after written notice to the Owner of the cost of such work. In the event of failure to pay within that time, the Association may take legal action against the Lot Owner. The Lot Owner shall be liable for any attorney's fees, expenses, and costs incurred by the Association in the attempt to collect monies due and owing. 7.4 Limitations of Land Use. No building or other structure shall be erected upon each Lot except for one private residential dwelling, together with no more C1Dfasmocal1vxnetWge,NIAGTUD CarommdlNAllWandRims Commis 20050 � 1111111111111111111111111111 IIIII II III 111111 111 1111 p , 3316279 08/24/2005 02:47P W County, CO ' 15 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder • than two detached outbuildings. Each private dwelling may have a garage, patio, porch or breezeway, which shall not be considered a detached outbuilding, so long as such structure is attached to the private dwelling. 7.5 Temporary Structures. No structure of a temporary character, such as a trailer, basement, tent, storage shed or shelter, garage, barn, or other out building, shall be permitted on any Lot at any time, except by the Developer during the process of construction, or as approved by the Architectural Review Committee. 7.6 Nuisance. Nothing shall be done upon any Lot that shall be or may become an annoyance or nuisance to the adjoining property owners. No noxious, illegal, dangerous or offensive activity shall be carried on upon any Lot of the subdivision. No instrumentalities creating loud and obnoxious noises shall be allowed. 7.7 Unsightly Uses. Each Lot shall, at all times, be kept in a clean and wholesome condition. No trash, litter, junk, boxes, containers, bottles, abandoned, unlicensed or disabled cars, abandoned or disabled farm implements or machinery, car parts, car bodies or machinery parts shall be permitted to remain exposed to view upon any Lot. 7.8 Garbage and Trash Removal. No Lot or part of any Lot, including the Ag Lot, of the subdivision shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All containers or other equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition. All residents within the Subdivision shall have their trash picked up by the same trash-hauling company on the same day of the week. Selection of the trash-hauling company shall be the responsibility of the Association. Each resident within the Subdivision shall be separately liable for the trash-hauling charges for his/her Lot. Incinerators and burning of trash are not allowed 7.9 At-Home Professions. Residents may be allowed to work in their homes only in accordance with Weld County land-use and zoning regulations for the (E) Estate Residential Zone and subsequent amendments. My at-home employment shall be conducted only by a resident of the dwelling. Retail sates shall not be conducted on any Lot, and no evidence of the at-home profession shall be visible from outside the dwelling unit. 7.10 Disabled or Junk Vehicles. Disabled or Junk vehicles shall not be stored on streets, driveways or Lots. No person shall repair or rebuild any vehicle within the Subdivision, except within a garage or outbuilding. 7.11 Restrictions on Leasing of Residences. A Lot owner may lease his/her residence, provided the entire residence is leased. Any lease agreement shall include language that states all provisions of this Declaration will be observed. The Lot Owner shall include a provision in any lease stating that violations of this Declaration constitute a default under the lease. CMIN®y>WastratMepnyMgG PUDACnistadHONllwt thl/ed Rims Cowie W 2OO5l 2doc 1 11111111111111111111111111111111;1111 III 111111 III III O 3316279 08/24/2005 02:47P Weld County, CO 16 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 7.12 Solar Energy Devices. The utilization of solar energy devices is encouraged. All solar energy devices must either be a) architecturally and aesthetically integrated into the structure they serve, or b) screened from the view of the street and adjacent Lots and streets. All solar devices and their placement must be approved by the Architectural Review Committee. 7.13 Wind Energy Devices. The utilization of wind energy for a single family dwelling unit is not considered economically viable at this time and is discouraged. Exceptions may be considered by the Architectural Review Committee. 7.14 Fencing. The Architectural Review Committee shall approve in advance any fencing within the Subdivision. For perimeter fences, the fence shall be three (3)rails, four feet(4') in height. No barbed wire shall be allowed on any residential lot. 7.15 Outside Lighting. No outside lighting shall be installed without prior written approval by the Architectural Review Committee. 7.16 Antennas. No television antenna, radio antenna or similar equipment shall be mounted on the exterior of any building or erected on any other portion of a Lot. Satellite dishes may be installed and maintained if screened from the view of the other Lots. The location and screening method for each satellite dish must be approved in advance by the Architectural Review Committee. 7.17 Sanitary Sewer/Septic Systems. Each respective Owner shall construct and maintain on his or her Lot an individual sanitary sewer system pursuant to all rules and regulations of local, county and state authorities. Primary and secondary septic systems on the Lot shall be installed and maintained in accordance with the requirements delineated on the Final Plat. Activities such as permanent landscaping, structures, dirt mounds, or other items are expressly prohibited in the absorption field site. 7.18 Restrictions on Replatting or Subdividing. No replatting or further subdivisions of the Property shall be allowed unless approved by the Association and in accordance with applicable Local, County, State and Federal regulations. 8. ANIMAL AND AGRICULTURAL RESTRICTIONS 8.1 Equine Animals. Each Lot is allowed a maximum of two (2) Equine Animals on the Lot. Such equine animals shall be maintained in proper enclosures or corrals and may not be allowed to roam or graze at large upon the Common Areas of the Subdivision. 8.2 Dogs and Cats. Each Lot is allowed a maximum of four dogs and four cats, not including unweaned litters. Dog(s) and cat(s) are restricted to their respective Lots and are not allowed to roam at large within the Subdivision. Owners shall maintain proper animal enclosures and restraints for all pets. Dogs and cats may be c:ADvhVfmcVmmmenWryettJNGfliD bvent,m1HOAVPgWrPamtbvatsbl0DSp00Sdrc 11141 11111 11111 11111 111111 111111 III 1111111 111 1111 3316279 08/24/2005 02:47P Weld County, CO 17 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder walked on the Common Areas. The Association may require any pet considered a nuisance to be kept within the enclosed portion of its owner's Lot. 8.3 Agricultural or Other Animals. Except as provided herein, no livestock, cattle, birds, llamas, poultry, fowl, or any other animals that would routinely be expected to reside outside of the primary residence are be allowed within the Subdivision. The Association may, from time to time, promulgate new rules and regulations concerning animals, including possible waiver for activities such as 4-H projects. 8.4 Agricultural Activities. All agricultural activities and the raising of any Animal Units or produce of any nature permitted herein must be incidental to the normal residential land-use of the Lot and not be of a commercial nature. Any animal pens, stalls, cages and enclosures shall be maintained on a regular basis to assure a neat and orderly appearance and a clean healthy atmosphere. The Association may require the removal from a particular Lot of any animal(s) if the keeping or maintenance of such animal(s) is deemed offensive based upon odors,noise or dust intruding upon other Lots. 8.5 Overgrazing. Owners shall not allow overgrazing of any pasture area on their Lots. A pasture is considered overgrazed if the average height of the vegetation is less than two inches (2"). If a pasture is overgrazed, the Association may require the owner to replant and thereafter control access to prevent future overgrazing. If an owner fails or neglects to cure an overgrazing problem, the Association shall have the authority to terminate such owner's right to keep equine Animal Units on the Lot. 9. WELD COUNTY RIGHT-TO-FARM COVENANTS. 9.1 Weld County's Right To Farm. Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas; open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features, which attract urban dwellers to rural Weld County, would quickly be gone forever. 9.2 Agricultural users of the land should not be expected to change their long established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment, slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. C\auLL' NAMUMCovenat.mEftOnGBbmPhmCovms6200X0i2� I IIIIII1111I1111111111111111111111 CI III111111III IIII .3316279 08/24/2005 02:47P Weld County, CO 18 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder 9.3 Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. 9.4 Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions is of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity,be more self-sufficient than urban dwellers. 9.5 Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operation, high-speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 10. NOTICE OF OIL AND GAS OPERATIONS 10.1 Potential owners are hereby notified that there are Oil and Gas Operations on the Property and that the Property is subject to the terms of a Surface Use Agreement. Such potential owners are hereby notified of the following: 10.2 They are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; 10.3 There may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, pipeline easements and access routes; 10.4 There are likely to be wells drilled and oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and flowlines and pipelines constructed and maintained on the Property; 10.5 Heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and CAllataWotanstvesimertstropatfilAGPUlleoverateml DUAWi#d.dFeee Covmv4 2005 &c 1.IIII111111IIIIIIIIIIIIIIIIIIIIIII1kyoul\IIIIII• �� Q 3316279 08/24/2005 02.47P Weld County, C0 19 of 22 R 111.00 0.00 Steve Moreno Clerk&Recorder 10.6 Homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in the Surface Use Agreement, including, but not limited to those covenants and waivers; i) prohibiting the location of any building, structure, or other improvement within the Oil and Gas Operations Areas; ii) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; and iii) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction. 11. GENERAL PROVISIONS. 11.1 Reservation of Easements. Exceptions, and Exclusions. Declarant reserves the right to establish from time to time, by dedication or otherwise, utility (including cable television) and other easements, for purposes including but not limited to streets, paths walkways, drainable recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions consistent with the ownership of the Property for the best interest of all Owners and the Association in order to serve all the Owners within the Subdivision. The rights herein reserved unto Declarant shall continue until Declarant no longer retains an interest in the Project,or ten(10)years after the effective date of this Declaration,whichever occurs first. 11.2 Rights of Declarant and Participating Builders Incident to Construction. Notwithstanding any contrary provision in this Declaration, an easement is hereby reserved by and granted to Declarant and any Participating Builder for access, ingress, and egress over, in, upon, under, and across the Project, including but not limited to the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incidental to Declarant's or any such Participating Builder's construction on the Properties;provided, however,that no such rights or easements shall be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy, use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of that Owner's Lot. 11.3 Duration. The Covenants, Conditions and Restrictions of this Declaration shall run with the land, and shall inure to the benefit of the Association and the Owner of any Lot subject to this Declaration, their respective legal representatives, heir, successors, and assigns, in perpetuity until this Declaration is terminated in accordance with Section 11.5 below. 11.4 Amendments. These Covenants, Conditions and Restrictions may be amended by an instrument executed on behalf of the Association by the President and attested by the Secretary; provided that, any amendment shall have the assent of 6 of the 9 Lot Owners who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Owners at least thirty(30) days in advance and shall set forth the purpose of the meeting. Any amendment must be properly recorded. Each Lot shall receive one vote for purposes of this paragraph. Article 4 of this Declaration concerning Maintenance of the Common Area and Article 9 of this Declaration concerning Weld County Right-to-Farm Covenants may not be amended without prior CADatoThoreatevetonzaWroratyWACAPUEACconis imdlIDAIEstdmilF.nCanna IGOfcf :c 11111111111111111111111111IIIII 11 III111111I111111 3316279 08/24/2005 02:47P Weld County, CO 1� 20 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder notice and consent of Weld County, Colorado. Article 10 of this Declaration concerning Notice of Oil and Gas Operations may not be amended without surface use agreements in place with all Oil and Gas owners obviating the need for such section. 11.5 Termination. Except in the case of a taking of all the Lots by condemnation, the Declaration may be terminated only by agreement of the Owners to which at least sixty-seven percent (67%) of the votes in the Association are allocated, as more fully set forth in §38-33.3-218 of the Act. The proceeds of any sale of the real estate together with assets of the Association shall be held by the Association as trustee for the Owners and holders of liens upon the Lots as their interests may appear, as more fully set forth in §38-33.3-218 of the Act. Notwithstanding such termination or upon the dissolution of the Association, the Owners shall remain individually and collectively responsible for maintenance of the common areas as set forth in this Declaration. 11.6 Enforcement. The Association, any Owner, Architectural Review Committee and/or the Declarant, may enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or thereafter imposed by the provisions of the Declaration, either to prevent or restrain any violation of same, or to recover damages or other dues for such violation, or to obtain such other relief as may be available. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 11.7 Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage paid, to the last known address of the person who appeared as an Owner on the roster of the Association at the time of such mailing. 11.8 Attorneys' Fees and Costs. If any action is brought in a court of law or put into arbitration as to the enforcement, interpretation, or construction of any of these Covenants, Conditions and Restrictions,the prevailing party in such action shall be entitled to recovery of engineering fees, architectural fees, attorney's fees, or other professional fees as well as all costs incurred in the prosecution or defense of such action. 11.9 Binding Effect. The benefits and duties herein accrued to or imposed upon the Declarant shall be binding upon and inure to the benefit of the Declarant and its successors and assigns. 11.10 Power to Assign and Delegate. Declarant shall have the right and power to assign and delegate to any person or entity its successors and assigns, at any time and from time to time, all or part of any of the rights, powers, authorities,title, interest, and duties contained in this Declaration. 11.11 Mergers. Upon a merger or consolidation of the Association with another Association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association MtammtethreedmertelPropatyWACIWOConamois mdNOAUfgWmdFarm Covenants 2ooM2.6x I 111111 11111 11111 11111 111111 111111 IQ 1111111 11 1111 O 8316279 08/24/2005 02:47P Weld County, CO 21 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder may by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants and restrictions established by this Declaration together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall affect any revocation, change or addition to the covenants established by this Declaration except as provided herein. 11.12 Zoning and Specific Restrictions. The restrictions contained in this Declaration shall not be taken as permitting any action prohibited by the applicable zoning laws, or the laws, rules or regulations of any governmental authority, or by specific restrictions imposed by any deed or lease. In the event of any conflict between the provisions of this Declaration and restrictive provisions of such laws, rules, regulations, deeds, and/or leases,the most restrictive provision or provisions shall apply. 11.13 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 11.14 No Waiver. No prevision of this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 11.15 Governing Law. This Declaration shall be construed in accordance with the laws of the State of Colorado. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CVNI LLumaVvecstmattWmpnANACNIBTCaammla ma BOAVGgN,dF*m'Cmmed,200fsptdx 'IJu 111111111111111111111111illlliciiIII1111111 iIIII D K 3316279 08/24/2005 02:47P Weld County, CO 22 of 22 R 111.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF the undersigned, being the owner of Highland Farms Subdivision,Weld County Colorado has hereunto set his hand and seal the date and year first written above. Highland cquisition Gr• p,L.L.C. By: 64142 ert M.Bult :up, Mana:e STATE OF COLORADO } }SS COUNTY OFMg°mt 0C) The foregoing instrument was acknowledged before me, a Notary Public, this PO-- day of AAA & u S'-y-. , 200 C by Robert M. Bulthaup as Manager of the Highland Acquisition Group,L.L.C. WITNESS my hand and official seal. My commission expires: / 0 Of Notary Public : 2;c7e 44' •\O.'' Ls Gcnt ,, • �GBIIG,, / ,' 'FCGLGA''''O Mataisanceaff9eamaotProPAAHAMPUMCovcrat avfHOAV5gbrdFame Cawiatz 200f41416'C I niiiiiuilllll11111111111111IIIIIIIIIIIIIIIIIIIIIIII • 3222302 09/27/2004 11:65A Weld Counly, CO 'RECORDER'S MEMORANDUM\ 1' of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES. $. SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is made and entered into this 31st day of August, 2004, by and among ANADARKO E&P COMPANY LP ( Anadarko E&P"), formerly known as Union Pacific Resources Company, and ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251-1330; ENCANA ENERGY RESOURCES INC. ("EnCana") with an address of 950 Seventeenth Street, Suite 2600, Denver, Colorado 80202 (the Anadarko Entities and EnCana are sometimes referred to hereinafter together as the "Oil Companies") and HIGHLAND ACQUISITION GROUP, L.L.C. ("Surface Owner") with an address of 6297 South Potomac Way, Centennial, Colorado 80111. A. Surface Owner owns or has the option to purchase the surface estate for approximately 54 acres of property located in Weld County, Colorado, in the N/2NW/4 of Section 5, Township 1 North, Range 68 West, which is hereinafter referred to as the "Property" and specifically described in Exhibit 1. B. Surface Owner proposes to develop the surface estate as a residential subdivision. C. The Anadarko Entities own all of the minerals that underlie the Property. D. Anadarko Land owns all of the minerals other than the oil, as and associated liquid hydrocarbon that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons, and Anadarko E&P and Anadarko Land together own all of the oil,gas and associated liquid hydrocarbons. E. Anadarko E&P or a predecessor company has granted an oil and gas lease for the Property, interests in which have been assigned to EnCana. EnCana operates two producing oil and gas wells on the Property which are generally located in the NE/4NW/4 and identified as the Brown 5-3 and in the NW/4NW/4 and identified as the Brown C Unit#2 (together the"Existing Wells"). F. EnCana and Surface Owner have entered into a surface damages agreement that applies to the SE/4NW/4 of Section 5 and is dated October 2, 2003 ("EnCana Agreement"); this surface use agreement supplements the EnCana Agreement and supercedes it to the extent that it conflicts with the EnCana Agreement and covers additional matters and additional or other lands. G. This Agreement provides for and is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons that are 11innn1 uu1111111111111111111111111111 III Ilill Iiil IIII 3222302 09/27/2004 11:55A Weld County, CO 2 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder owned by Anadarko Land and which are the subject of a separate agreement between Surface Owner and Anadarko Land. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals,the parties agree as follows: I. Oil and Gas Operations Areas. a. The Oil Companies shall drill and operate oil and/or gas wells and locate future oil and/or gas wells only in the two areas depicted on Exhibit 2 as the Oil and Gas Operations Areas where the two Existing Wells are presently located. Uses within the Oil and Gas Operations Areas include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning,the drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities and also the location and drilling of oil and gas wells that are directionally or horizontally drilled to bottomhole locations outside the Property. b. The Oil and Gas Operations Areas shall include the geographic areas and dimensions that are depicted on Exhibit 2. c. The Oil Companies shall continue to have the right to drill more than one well with attendant facilities within each of the Oil and Gas Operations Areas and to deepen, recomplete or twin any well that is drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. d. The Oil Companies shall locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities only within the Oil and Gas Operations Areas. The parties all understand and acknowledge that the Oil and Gas Operations Area in the west location is presently the site of associated oil and gas production equipment, including a common tank battery. e. Surface Owner shall not plat any surface property line within the Oil and Gas Operations Areas. No temporary or permanent building, structure, or other improvement shall be constructed or installed by Surface Owner within the Oil and Gas Operations Areas or within the fifty (50) foot setback from the Oil and Gas Operations Area in the east portion of the Property as depicted on Exhibit 2. The Oil and Gas Operations Areas shall be for the exclusive use of oil and gas drilling and production operations. f. Except for the pipeline and flowline easements, access and the Oil and Gas Operations Areas identified in this Agreement, the Oil Companies shall not use the surface of the Property except in cases of emergencies. 2 111111111111111111111111111111111111111III11111IIII IIII 3222302 d County, CO 3 of 20 R 101'0004D 0.00 StyvelMoreno Clerk& Recorder 2. Access to the Oil and Gas O rations Areas. a. Access to each of the Oil and Gas Operations Areas shall be along the routes depicted on Exhibit 2. b. Access to an Oil and Gas Operations Area may be changed by mutual agreement of the Surface Owner and the operator(s) of the well(s) for which the access is used; provided however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. e. Surface Owner shall keep the portions of access roads jointly used by both Surface Owner and its subdivision occupants and the Oil Companies in good condition and repair until such roads are dedicated to the local jurisdiction; provided, however, if one of the Oil Companies causes damage to a portion of a road that is jointly used by both the Oil Companies and Surface Owner or its subdivision occupants and which is constructed to the specifications in section 2.e.(1), the Oil Companies agree to promptly repair any damage which they cause which is a direct result of their use of the road. d. No party shall unreasonably interfere with the use by the other of an access road. e. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Oil Companies and Surface Owner shall be thirty (30) feet or more in width, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Oil Companies shall be thirty (30) feet or more in width, and the Oil Companies shall install and maintain them to those state and local standards that apply to oil and gas operations. 3. Pipelines, Flowlines and Pipeline Easements. a. Pipeline easements shall be at the locations identified on Exhibit 2, and pipelines shall be installed at depths of approximately thirty six (36) inches below the surface of the ground. b. Locations of pipelines and pipeline easements may be changed by mutual 3 111111111111111111111111111111111111111III11111IIII IIII 3222302 09/27/2004 11:55A Weld County, CO 4 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder agreement of the applicable parties; provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. Surface Owner shall, in addition,pay EnCana all costs and expenses that EnCana incurs to encase its pipelines and flowlines to the extent that such pipelines and flowlines underlie Highland Lane or any other road either in advance of or at the time that Surface Owner commences construction of Highland Lane and/or such other road at the place where the EnCana pipelines and flowlines intersect with Highland Lane or such other road. c. Pipeline easements shall be fifty (50) feet in width during construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty(30) feet in width for all operations. EnCana is currently the grantee or assignee of the grantee of that certain recorded easement dated August 9, 1995 and recorded on December 15, 1995 in the Weld County Clerk and Recorder's Office in Book 1522, Page 743, at Reception No. 2467785 that crosses the Property. d. Surface Owner shall be entitled to reserve the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install and maintain access to such easements for utility lines, including those for water, gas, sewer, electric, telephone, cable, television and fiber optic and other pipelines that travel along, but not within, the pipeline easements provided for herein; provided, however; i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty- four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. e. Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the applicable oil and gas interest owners at the time the Oil Companies request them and at no cost to them. f. Surface Owner shall maintain a minimum ground cover of 36 inches and not more than 72 inches over pipelines and flowlines in the conduct of its operations and its construction activities on the Property. 4. Subdivision Plat. Surface Owner shall identify the Oil and Gas Operations Areas and all access and pipeline easements on its subdivision plats and in all applications for development that it files with a local jurisdiction, and the plats shall include restrictions 4 111111 11111 11111 111111 111111 II 1111111111111111 HUB 3222302 09/27/2004 11:65A Weld County, CO 6 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder that no property lines, and no temporary or permanent buildings, structures, or other improvements shall be located, constructed or installed within the Oil and Gas Operations Areas. Surface Owner shall record the subdivision plat in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Oil Companies within fifteen(15)days of recording. 5. Waiver of Surface Dania a Pa ents. Surface Owner hereby waives all surface damage payments Pursuant to any Colorado Oil and Gas Conservation ' ("COGCC") rule or regulation or local regulation, ststatestat statute, common law or prior agreement for each and every well and related wellsite that is drilled within an Oil and Gas Operations Area and for each production facility and access and pipeline easement. The Oil Companies or their lessees or their assignees may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. 6. Waiver of Setbacks and Other R uirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements, or other requirements or regulations, that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Oil Companies or their lessees and assignees to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands, and shall notify parties who purchase all or portions of the Property from Surface Owner, that the Oil Companies may cite the waiver in this section 6 in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. 7. Governmental Proceedin s. a. Surface Owner Will Not Ob'ect. Surface Owner agrees that it will not object in any forum to the use by the Oil Companies of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner further agrees that it will provide such other written approvals and waivers which are reasonably requested by the Oil Companies and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. b. Oil Companies Will Not owe r The Oil e tat they will not object in any forum to a request by Surface Owner to oannex,ezones , rezone plat or 5 I 11111111111113 31111111 II 11111111 III 31111111 Ili 3222302 09/2112004 11:66A Weld County, CO 6 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder replat all or any portion of the Property to the extent such request is consistent with this Agreement. 8. It of Hearins. Surface Owner shall provide the Oil Companies with written notice not less than thirty (30)days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property that is to be held before the County or other local jurisdiction. 9. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to, or any part of which is within, 350 feet from an Oil and Gas Operations Area or a pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Areas, access routes, and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: a. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; b. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, pipeline easements and access routes; c. there are likely to be wells drilled and oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and Bowlines and pipelines constructed and maintained on the Property; d. heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis;and e. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; i) prohibiting the location of any building, structure, or other improvement within the Oil and Gas Operations Areas; ii) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; and iii) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction. 10. Notice of Oil and Gas Operations. The Oil Companies shall provide Surface Owner with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 6 • I111111 1111 IIIII 111111111111 II 11111111 III 111111111 IIII 3222302 09/27/2004 11:65A Weld County, CO 7 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder 11. Impact Mitigation. a. Oil Company Mitigation. The Oil Companies agree that they shall install and maintain at their sole cost and expense such fences, gates and locks around the wells and production facilities as are required by the COGCC. Surface Owner may upgrade fences, gates and locks at its expense and with the consent of the Oil Companies, such consent not to be unreasonably withheld, and provided that such fences, gates and locks comply with COGCC and local regulations. b. Surface Owner Mitigation. Except as provided in section 11.a., Surface Owner shall bear all costs and expense to install such noise and visual impact mitigation measures it desires or the County or other local jurisdiction requires at or around the Oil and Gas Operations Areas which are in excess of or in addition to those measures which are required by COGCC regulations for areas which are not high density; provided, however,the operator of the well at the particular Oil and Gas Operations Area shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 12. Termination of Surface Owner's Agreements. Surface Owner and the Anadarko Entities shall terminate the Surface Owner's Agreement that covers the Property dated August 3, 1994 between Eugene E. and Diana E. Godinho and Union Pacific Resources Company recorded October 3, 1994 in Book 1461, Page 891, in the Weld County Clerk and Recorder's Office by the execution of the form of Termination of Surface Owner's Agreement attached to this Agreement as Exhibit 3, contemporaneously with the execution of this Agreement. 13. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any oil company against any other oil company or to enlarge or diminish any right or interest created by any lease or assignment of lease between or among the Anadarko Entities and any other oil company, including any lessee, farmoutee, or assignee of either of them. The liability of the oil companies to perform any obligation or comply with any covenant hereunder or to comply with any state or local rule or regulation is individual and not joint or collective. This Agreement does not create a joint venture or partnership between or among any of the oil companies which now have or which may in the future own oil and gas interests in the Property. The Anadarko entities shall in no event be liable for the acts or omissions of their lessees, assignees of lessees, or the contractors or subcontractors of any of them. 14. Authority to Execute Agreement. Each party represents that it has the full right and authority to enter into this Agreement with respect to the surface rights or oil and gas interests it owns in the Property, as applicable. 15. No Waiver of Rights. The Oil Companies do not waive the rights they have 7 I RIM 11111 NUM 111111111 111110 3222302 09/27/20�� 1NNUIUM MM IIJiII111111ounty,1111100 Jill 8 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder pursuant to their respective oil and gas interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas, except as specifically provided in this Agreement. 16. Successors and Assi s. This Agreement and all of the covenants in it shall be binding upon the personal representatives, heirs, successors and assigns of all of the parties, and the benefits of this Agreement shall inure to their personal representatives, heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land. 17. Rn�. The Oil Companies shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to Surface Owner of the recording. 18. Gove—jLaw. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado without reference to its conflicts of laws provisions. 19. Severabili . If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 20. Notices. Any notice or other conununication required or permitted under this Agreement shall be given in writing either by i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged,addressed as follows: Anadarko E&P and: Anadarko E&P Company LP Anadarko Land Attention: Mid-Continent Development Land Manager Post Office Box 1330 Houston, Texas 77251-1330 EnCana: EnCana Energy Resources Inc. Attention:DJ Land Department 950 17"Street, Suite 2600 Denver, Colorado 80202 Surface Owner: Highland Acquisition Group, L.L.C. 6297 South Potomac Way Centennial, Colorado 80111 8 31111 11111 11111 111111111111 11 11111111 III 11111 IIII IIII 3222302 09/27/2004 11:55A Weld County, CO 9 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder Notices shall be effective upon receipt and any party may change an address by notice to the other parties. 21. Incorporation of Exhibits. Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference. 22. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 23. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative, to be effective on the date and year first above written. ENCANA ENERGY RESOURCES ANADARKO E&P COMPANY LP INC. By: R. tit By: Name: gm R. (9paF Name: Its: 4Rttey- ju- [Rer. Its: HIGHLAND ACQUISITION GROUP, ANADARKO LAND CORP. L.L.C. By: By: Name: Name: Its: Its: 9 111111 11111 11111111111111 111111111111111111111111111111 I I I I • 3222302 09/27/2004 11:65A Weld County, CO 10 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder Notices shall be effective upon receipt and any party may change an address by notice to the other parties. 21. Incorporation of Exhibits. Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference. 22. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 23. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative, to be effective on the date and year first above written. ENCANA ENERGY RESOURCES ANADARKO E&P COMPANY LP INC. By: By: Name: Name: Its: Its: HIGHLAND ACQUISITION GROUP, ANADARKO LAND CORP. L.L.C. By: By: Name: Name: Its: Its: 9 V) 5I4J' ! .00 Steve Moreno Clerk&Recorder Notices shall be effective upon receipt and any party may change an address by notice to the other parties. 21. Imo rooration of Exhibits. Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference. 22. Entire A cement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 23. Countemart E-xecutions. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative, to be effective on the date and year first above written. ENCANA ENERGY RESOURCES ANADARKO E&P COMPANY LP INC. By: Name: By: Its: Name: iviZa:____Th_ `+ Its: Agent and Attomey-In-Fact jig HIGHLAND ACQUISITION GROUP, ANADARKO LAND CORP. By: i� �i Name: By: Its: Name' ---Jamost Newcomcr-- � Its: l 9 1111111111111111111111111111111111111111111111 I I I I I I I 3222302 09/2712004 11:65A Weld County, CO 12 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF MONTGOMERY ) ss. The foregoing instrument was acknowledged before me this / day of 5!7 2004, by�Tamt5 n, �4tAirr.I=., for ANADARKO E&P COMPANY LP. as My Commission expires: —Fa nu n-7J atop, Witness my hand and official seal. P. y ANGELA MICHELLE GILBREATH eo btu 1771 ch WAG.I h u/L) MrCOMMISSION EXPIRES jjj$11 Public �•. •r '�«F' January 7,zoos STATE OF TEXAS COUNTY OF MONTGOMERY � ss. The foregoing instrument was acknowledged before me this I _day of 2004,by Ttim15 1 first Jr i n- n} for ANADARKOLAND as CORP. My Commission expires: Ta iwel 17c2O 4, • Witness my hand and official seal. p:•• ANGELA MICHELLE GILBREATH ettaity �n '/ IiCh(�/(�f�, �/rPublic • ;' MY COMMISSION EXPIRES ��ia+tr hmixy 7,2006 10 11111111111111111 ��111111 �� 11111111 �� 111111 �� • 3222302 09/27/2004 11:55A Weld County, CO 13 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. County ofI?N✓t4 ) /� The foregoing instrument was acknowledged before me this 3O4S day of Au U5 , 2004,by jvg.o/J ?. q4-Lc as 44 i-6r,V{y, N-F,I- - for ENCANA ENERGY RESOURCES INC. My Co �__• �i:i :. •.�`e • M9 16� pmmihdExpires09 007 .ate..,fA Mara Cola ado 80202 f C JQ� ', 7ja7andrnseai. • • • • ith Notary Public ? : STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of ,2004,by as for HIGHLAND ACQUISITION GROUP, L.L.C. My Commission expires: Witness my hand and official seal. Notary Public 11 H111111111111111111111 IIIJiI 11 11111111 III MI III 1111 3222302 09/27/2004 11:65A Weld County, CO • 14 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ss. County of ) The foregoing instrument was acknowledged before me this day of ,2004, by as for ENCANA ENERGY RESOURCES INC. My Commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) County of L Vey ) ) ss. The foregoing instrument was ackno ledged before me this 27.11 day of ,k ,2004, by Ko(w+ µQ{-�, � M. B a.�p /^ 11 a SEA for HIGHLAND ACQUISITION GROUP L.L.C. My Commission expires: +-2(o-05- Witness my hand and official seaL LAUREL ZABEL /J NOTARY PUBLIC 'ply STATE OF OF COLORADO Notary Public �c°�""`b E'°"'"K'2°•2005 11 HMI 111111 III►1111111 ►1111► ►1 ►►►1►111 ►►► 111111 ►►I ►I►► 3222302 09/27/2004 11:55A Weld County, CO 15 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT 1 to Surface Use Agreement dated August 31,2004 between and among Anadarko E&P Company LP,Anadarko Land Corp. EnCana Energy Resources Inc. and Highland Acquisition Group, L.L.C. Legal D escrinti°n Lot B of Recorded Exemption No. 1467-05-2-RE3105, being part of the North one-half of the Northwest one-quarter of Section 5,Township 1 North, Range 68 West Weld County, Colorado 12 • s UDTO • I FGAL ❑FSCRIPTIONI N I THIS EXHIBIT DOES NOT LOT B OF RE-3103, LOCATED IN REPRESENT A HONUMENTED THE NORTHWEST 1/4 OF SECTION =g BOUNDARY SURVEY AND IS WI 5, TOWNSHIP 1 NORTH, RANGE 68 INTENDED FOR DEPICTION ONLY. I VEST OF THE 6TH P.M., COUNTY i"I OF WELD, STATE OF COLORADO. H 6 1 - w e o. ■II PROPOSED / ' EMERGENCY/FIRE u u) e 200'R NO- EXISTING Z u)Ts 2 I jo SHARED / • ACCESS U ACCESS BUILD ZONE OU ACCESS a o- /J :1s0'R o V • 4, c5$ v / I• j 1150' 1400' r u „ • E et Cs a �•• I 4 OIL/GAS WELL F m. �Q6fi m i.-- •'`'• • / (BROWN 5-3)T.W 10 o 1 ‘101 tz ��22. / �; �� „ OPERATIONS AREA . c MI '0 i' // - / (CURRENT L FUTURE) n 'm N yp _ _ _ '• L� w` o ��' •'' •a —_• •.; �b ,,, 1150'. - .a'3 . " 'ENCASE FLOVLINE . _• ` — O/ *250' .AT ROAD CROSSING, AL I `` o W ,�i PROPOSED SHARED ACCESS `` & F' DEVELOPERS EXPENSE EXISTING 30' FLOW P•� § :4 I 1 - F-••-••_•• - - 1 LINE EASEMENT 8 .w a • PROPOSED 30' FLOWN (RE #2467785) j u .�' w I - OIL/GAS WELL LINE EASEMENT I • e 1 (BROWN C UNIT #2) I AM OIL L GAS j I OPERATIONS AREA (CURRENT L FUTURE) --a 000 SCALE: 7' . 300 Japio3 01 1,41013 ouaow ana1S 00'0 0 00'101 H OZ 10 0L 03 ` 10000 PIaM vQQ:Li P00Z/LZ/60 Z0CZZZB • ' 11111111111111111111111111111111111111II11111111111111I rI IH "I' 11i11111111104 11111111111111d 111111111111III IIII CO 17 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit 3 to Surface Use Agreement dated August 31, 2004 among Anadarko E& P Company LP,Anadarko Land Corp., EnCana Energy Resources Inc. and Highland Acquisition Group, L.L.C. TERMINATION OF SURFACE OWNER'S AGREEMENT THIS TERMINATION OF SURFACE OWNER'S AGREEMENT ("Agreement")is made and entered into this day of 2004, by and among ANADARKO E&P COMPANY LP, formerly known as Union Pacific Resources Company ("Anadarko E&P"), ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), and HIGHLAND ACQUISITION GROUP, L.L.C. ("Surface Owner"). A. Surface Owner owns or has the option to purchase the surface estate for approximately 54 acres of property located in Weld County, Colorado, in the N/2NW/4 of Section 5, Township 1 North, Range 68 West, which is hereinafter referred to as the "Property"and specifically described in Exhibit A. B. Union Pacific Resources Company and Eugene E. and Diana E. Godinho entered into a Surface Owner's Agreement dated August 3, 1994 and recorded October 3, 1994 in Book 1461, Page 891 in the Office of the Clerk and Recorder of Weld County (the"Surface Owner's Agreement"). C. Pursuant to that certain Surface Use Agreement (so called herein) dated ko darko d, and Surface Owner and others, Anadarko�E&P,nAnadarko Land and Surf Ownerer have agreed to terminate the Surface Owner's Agreement. D. This Agreement may be executed in counterparts, each of which shall be deemed an original. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement and the Surface Use Agreement, including in the recitals, the parties agree that the Surface Owner's Agreement is terminated and of no further force and effect, effective as of the earlier date of either i) November 30, 2004; or ii) the date that Surface Owner sells,assigns or otherwise transfers all or any portion of the Property. I lint�� un�I II IIIIII11 III 111111 III Iill 19 of 200R 101.00 4 D10.000 Steve Moreno C C0 lerk& Recorder STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of ,2004,by as for ANADARKO LAND CORP. My Commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2004 by as for HIGHLAND ACQUISITION GROUP, L.L.C. My Commission expires: Witness my hand and official seal. Notary Public 3 milli llIlI211I111111111111111 II 11111d 111 III 111111 III II 18 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder HIGHLAND ACQUISITION GROUP, ANADARKO E&P COMPANY LP L.L.C. By: By: Name: Name: Its: Its: ANADARKO LAND CORP. By: Name: Its: ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of ,2004, by as for ANADARKO E&P COMPANY LP. My Commission expires: Witness my hand and official seal. Notary Public 2 111111111111111111111111111111111111111 III 1111111111111 •202 of 20 0ft 10 004 D 0.00 0 StevedMo Moreno Clerk& Recorder EXHIBIT A to Termination of Surface Owner's Agreement dated ,2004 between and among Anadarko E&P Company LP,Anadarko Land Corp. and Highland Acquisition Group, L.L.C. Legal Description Lot B of Recorded Exemption No. 1467-05-2-RE3105, being part of the North one-half of the Northwest one-quarter of Section 5, Township 1 North,Range 68 West Weld County, Colorado 4 EXHIBIT 2 to Amendment to Surface Use Agreement dated June 22, 2005 among Anadarko E&P Company LP, Anadarko Land Corp., EnCana Oil & Gas (USA) Inc. and Highland Acquisition Group, L.L.C. Oil and Gas Operations Area See attached copy. 6 P REVISED LOT LOCATION as depicted on �� ' exhibits 2a&b and location of access road running north and south through the east open _ space.The calls are subject to change to match NOTE THIS YM a RADIUS CIRCLE - PROPOSED MD REPRESENTS ClCC SAFETt SURD ZONE depiction of lot lines. General overview of oil/gas REGULATION 1011 �� W _ wells on or partially on LOT B AMRE-3381 and N. I the proposed well between Lot B AMRE-3381 V;;:PL"5RiONSGBWP."' / NO ALDEONS \\ / C'W,M \ I GAS LINE and Lot B RE-3105 UNCHANGED. rI' 1U NNEMIDCOM MATE IRW / ' NLD ZONE �MTNWEwuw� 1War / I NO SCALE DATE: REVISED 4°G"«t mammy r,,TiII:° "_Ai � • LOT PLAN 6/10/2005 ; ` y '\ lENk;, Sr'l 3 EASEMENTLW , aNE TO.OSED,JW O.b FLOW j , .t�rl A PARCEL OF LAND SITUATED IN THE .,,,..^N e,..iii,.. ` kareI u"EE AG�, FORACCEDS ROAD T Ill 1qµ 1 �E-1 \ FOR ACCESS ROAD S 1/2, NW 1/4, L— —I cmcw"mSOU"""` EGER S5-TIN-R68W COUNTY OF WELD, t -I • 1 N . / iD libel sEYCOLORADO 3` ""wa - ^ EASEMENT NT i ya. 44 PT. 4S - N. _ ,n 1 a G _P_ J NOTE:MS1A OCCRADIUSSAFETY /- ' \\ r... w -J RREPRESENTS EGULATION MI C61FElY F. a. E / \ LyID—I,.I •; "WTESO - 11 i GL SAS MELL m L---I m". - T a tgg �� _ .Lay . CANON - - __`--- i NO wan ZONE 'MOWN AS ; `REO f: ____ ' - -\ WNAgA 9 CANON \ / , ® �' ____ / - 1 ' PROPOSED A. N9p . WILDZO1ALRQ 1 WIUcNr.or-WAY `\ // 'yrr t L a I---I / OIL. GA5 GEL1 rRMIUS \ wenNE ..coo N • AA 'II _ _ o�SPACE a- I ®4540I e,&.r R n �'EA2 =cur \ bR �M< HNa�W �� P 1 �I4I �J'j /R \ NO BUIOZ S ' \ "art sq ET iI^<I'� ; \ BROWN lid // ev, —I•RBRrRrRrRRSV BL: / R AEmuui '3 _ Y \ \ -/ Rmm EE weSN'^EM g w4E9.�Wittk<f�li' r...n•-----~_--- I N. r ____.� 33e -4 C 5..Su TURNOUT ' �BINDIVIDUAL.MAIL x5 RO -- -. MATH STREET LIGHT A'"�fD AL11 'q r.IS CONCRETE FAG wt� 1, - ON t- J EN ^ I. 0; yoazR !i. r aI4HR m YJ n; ORN SPACE GI --- • 'I• ry n ACRES 275877,D ______ FT I ACRES ✓- ____ ____ PURFdEDDEAINAGE • .FIiI 7 ____ _ �_)ryJ9 `fi DETENTION AREA, 4 As _____ DE EASEMENT.17 WOE ROAD(b.WO,ROAD EASE NN 3/4...„... y� ��J'WWW--- _� MIN ACCESS RO.(I FOR pIMAS CO..SECpNVV ' Supa N Via' "� W ACCESS FOR FIRE DEPTMENTAL*ACCESS TO OPEN T11� SPACE TO THE EAST.MAINTAINED RVNEMORN CO.FF THE .� MAINTAIN PORTION OF ROAD IMTWWIgNM OFF THE ,)y,gab O 1N NESTIEA,T ROAD AND INTO SUBDINMpI N^PORTION TO —WCRS IF ACCESS BY OIL CO.WERE TO BE ABANDONED. - G'T' 27.4 EMERGENCY SPECK AWAY GATE TO LIMITED ACCESS TO _� �R • ;I_ 4O 1R]21r•M OPEN SPACE SUBDIVISION TO EMERGENCYVECMCLES°WYWLL EE _� --- 451,6]55 SO FT, ICI INSTALLED ON THE NORTWSOUTH PORTION OF ROAD --- pP I D'MUTT EASEMENT INCLUDED EMU.NE NONAGE STATING FOR EMERGENCY L- -I • j I I I USE ONLY.EASEMENT FOR MLITIESALLOAED. La_tI E I (___I .I _�/ .L- I L3Y EA.—EWE !Ka♦ - ROAD OPEN SPACE M SO FT, tl AGES AND AS PER REQUEST IO FROLI LEFT,NNO~IRAN EASEMENT FOR MATTER UE AND OTHER UTILITIES .).i BLDG En k �� ` ;°°" • a a.Set Hietlnd Pam LoT9 ' QJo pbs(w --_ ._____plaalal Earn►�— ` 9 LOT_ 1 ,� _p� ✓5 P N POINT OF COIENENCCUENT RE: TIM 220'RADIUS � ,�� ```�� ✓(// �y LOT I CIMQ N 1/11 CORNER • RCLE REPRESENTS / / 150' R \\ I RI-310$ seenow S. TIN.taw 3-CC SAFfT REGULATION, / NO BUILD ZONE iL , / and Carter of 150' R , /, E%1� L1NE 1IiT' iPROST /, CAP. LS 25937 r ✓777SAWPROPO I WELT. , 1 I //1 "IT / . PROPOSED 30W EASEMENT • of mad ACCen. /,/ `7✓7,` FOR ACCESS ROAD B.-...D 20th ` (Cross Hatched area onM S \ • ra�t / (/1 ✓✓ i Man: THIS MINT oats NOTREPHSW A `` .. - —_—__ "� ' ' RECP. NO.S 1E 85 NonOEMmsBRVCI. I . BUILDWG ENVELOPE V , BOOK 1522 . Noe:The BLDG `�' "/'� I Envelope Is re LOT g ', r// rocdmora and AMRE-7381 ' V� eaerars and any LOT 9 •,'aBLDO'S . allowed. __ - I It e! Close up of Exhibit 2 and ��__ =3138 bettheween Lot proposed B Jo / "a°ReTEIr<M: THIS otn Bs age AMRE 3381 and Lot B --- 4 /1 COOCCSArTKDIDATHIN `: RE-3105 I BURDINO BNVELOPB LOTS ,E,'1' - / �3 qa, l "g ------- WS YI al" •Noe:The BLDG - ,�. & ~�3 Emdope is the % /, 'd' o embalm and .� �/ a 4M :1M attripmeS rcr a �% f✓ N, f SCALE 1` = 150' DacBCDcs • _____ A PARCEL OF LAND /.. r PROOPOSEDUL ``a; RIGHT. ' SITUATED IN THE S 1/2, I / ✓ BUILD ZONE NAYEASEN NW 1/4, :+ at., '' WELL 1R aus 1 1 AMOCO E' * S5-T1N- R68W BUILDING ENVELOPE h (-----_____ COMPAM ' R Now:pe BLDG • • NaTBovenkNpne am LOT 711 zwo I; MUM g COUNTY OF WELD, r • 150 R PROPOSED TIr COLORADO taeorapasses it ''I 1 NO BUILDZONE ACCESS ROAD • ow BLDG'S .' / EASEaaE11T. ACCESS • allowed. ,1 BROWN 22.1 �/ ROAD FORM THIS 11[TLMGDSOUTH orse DATE: 12/7/2004 .� TO DOWN ROAD TO I I TPIQ . , -__- / OE NOTED MERE • . .., ,-- ' ) I ___ BYLAWS OF HIGHLAND FARMS HOMEOWNERS' ASSOCIATION, INC. ARTICLE 1 INTRODUCTION These are the Bylaws of Highland Farms Homeowners' Association, Inc., which shall operate under the Colorado Nonprofit Corporation Act, as amended("Act"). ARTICLE 2 BOARD 2.1 Number and Qualification — Termination of Declarant Control. (a) The affairs of the community and the Association shall be governed by an Executive Board which, until the termination of the period of Declarant control, shall consist of three persons, and following such date shall consist of three persons, the majority of whom, excepting the Directors appointed by the Declarant, shall be Lot Owners. If any Lot is owned by a partnership or corporation, any officer, partner or employee of that Lot Owner shall be eligible to serve as a Director and shall be deemed to be a Lot Owner for the purposes of the preceding sentence. Directors shall be elected by the Lot Owners, except for those appointed by the Declarant. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Colorado Nonprofit Corporation Act for conducting the elections. (b) The terms of at least one-third of the Directors not appointed by the Declarant shall expire annually, as established in a resolution of the Lot Owners. (c) The Declaration shall govern appointment of Directors of the Executive Board during the period of Declarant control. (d) The Executive Board shall elect the officers. The Directors and officers shall take office upon election. (e) At any time after Lot Owners, other than the Declarant, are entitled to elect a Director, the Association shall call a meeting and give not less than 10 nor more than 60 days' notice to the Lot Owners for this purpose. This meeting may be called and the notice given by any Lot Owner if the Association fails to do so. 2.2 Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Common Interest Community, including the following powers and duties: (a) Adopt and amend budgets for revenues, expenditures and reserves; (b) Collect assessments for Common Expenses from Lot Owners; (c) Hire and discharge managing agents; (d) Hire and discharge employees, independent contractors and agents other than managing agents; (e) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Association's Declaration, Bylaws or Rules in the Association's name, on behalf of the Association or two or more Lot Owners on matters affecting the Common Interest Community; (f) Make contracts and incur liabilities; (g) Regulate the use, maintenance, repair, replacement and modification of Common Elements; (h) Cause additional improvements to be made as a part of the Common Elements; (i) Acquire, hold, encumber and convey, in the Association's name, any right, title or interest to real estate or personal property; (j) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Elements; (k) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use, rental or operation of the Common Elements; (1) Impose a reasonable charge for late payment of assessments and, after notice and hearing, levy a reasonable fine for a violation of the Declaration, Bylaws, Rules and Regulations of the Association; (m) Impose a reasonable charge for the preparation and recording of amendments to the declaration or statements of unpaid assessments; (n) Provide for the indemnification of the Association's officers and the Executive Board and maintain Director's and officers' liability insurance; (o) Exercise any other powers conferred by the Declaration or Bylaws; C:'DDCUMENTS AND SETTINGSVHATCMLOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK297i HLAND FARMS 6/20/05 BYLAWS 20050620 DOC L (p) Exercise any other power that may be exercised in the state by a legal entity of the same type as the Association; (q) Exercise any other power necessary and proper for the governance and operation of the Association; and (r) By resolution, establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee. All committees must maintain and publish notice of their actions to Lot Owners and the Executive Board. However, actions taken by a committee may be appealed to the Executive Board by any Lot Owner within 45 days of publication of notice of that action, and the committee's action must be ratified, modified or rejected by the Executive Board at its next regular meeting. 2.3 Manager. The Executive Board may employ a Manager for the community, at a compensation established by the Executive Board, to perform duties and services authorized by the Executive Board. The Executive Board may delegate to the Manager only the powers granted to the Executive Broad by these Bylaws under Sections 2.2(c), 2.2(e), 2.2(g), and 2.2(h). Licenses, concessions and contracts may be executed by the Manager pursuant to specific resolutions of the Executive Broad and to fulfill the requirements of the budget. 2.4 Removal of Directors. The Lot Owners, by a two-thirds vote of all persons present and entitled to vote, at any meeting of the Lot Owners at which a quorum is present, may remove any Director of the Executive Board, other than a Director appointed by the Declarant, with or without cause. 2.5 Vacancies. Vacancies in the Executive Board, caused by any reason other than the removal of a Director by a vote of the Lot Owners, may be filled at a special meeting of the Executive Board held for that purpose at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be made in the following manner: (a) As to vacancies of Directors whom Lot Owners other than the Declarant elected, by a majority of the remaining elected Directors constituting the Executive Board; and (b) As to vacancies of Directors whom the Declarant has the right to appoint,by the Declarant. (c) Each person so elected or appointed shall be a Director for the remainder of the term of the Director so replaced. 2.6 Regular Meetings. The first regular meeting of the Executive Board following each annual meeting of the Lot Owners shall be held within 10 days C:D0CUMENTS AND SETTINGSVHATCINACAL SETTINGS\TEMPORARY MTERNET FILESDLK297\ GHLAND FARMS 6'10/05 BYLAWS 30050610.00C' J after the annual meeting at a time and place to be set by the Lot Owners at the meeting at which the Executive Board shall have been elected. No notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the Directors are present. The executive Board may set a schedule of additional regular meetings by resolution, and no further notice is necessary to constitute regular meetings. 2.7 Special Meetings. Special meetings of the Executive Board may be called by the President or by a majority of the Directors on at least three business days' notice to each Director. The notice shall be hand-delivered or mailed and shall state the time, place and purpose of the meeting. 2.8 Location of Meetings. All meetings of the Executive Board shall be held within Weld County unless all Directors consent in writing to another location. 2.9 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Executive Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. 2.10 Quorum of Directors. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Executive Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. At any adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 2.11 Consent to Corporate Action. If all the Directors of a committee established for such purposes, as the case may be severally or collectively consent in writing to any action taken or to be taken by the Association, and the number of the Directors constitutes a quorum, that action shall be a valid corporate action as though it had been authorized at a meeting of the Executive Board or the committee, as the case may be. The secretary shall file these consents with the minutes of the meetings of the Executive Board. 2.12 Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and the presence noted as if that Director were present in person on that particular matter. C.�H000MENTS AHO SETTINGSUHATCHLLOCAL SETTINGS\TEMPORARY INTERNET FILFSOLKI97THLANO FARMS 6/10/05 BYLAWS]0050620.WC tF ARTICLE 3 LOT OWNERS 3.1 Annual Meeting. Annual meetings of Lot Owners shall be held in Weld County at such date set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Lot Owners, in accordance with the provisions of Article 2 of the Bylaws. The Lot Owners may transact other business as may properly come before them at these meetings. 3.2 Special Meetings. Special meetings of the Association may be called by the president, by a majority of the members of the Executive Board or by Lot Owners comprising 20 percent of the votes in the Association. 3.3 Place of Meetings. Meeting of the Lot Owners shall be held at the subdivision or may be adjourned to a suitable place convenient to the Lot Owners, as may be designated by the Executive Board or the president. 3.4 Notice of Meetings. The secretary or other officer specified in the Bylaws shall cause notice of meetings of the Lot Owners to be hand-delivered or sent prepaid by United States mail to the mailing address of each Lot or to the mailing address designated in writing by the Lot Owner, not less than 10 nor more than 60 days in advance of a meeting. No action shall be adopted at a meeting except as stated in the notice. 3.5 Waiver of Notice. Any Lot Owner may, at any time, waive notice of any meeting of the Unit Owners in writing, and the waiver shall be deemed equivalent to the receipt of notice. 3.6 Adjournment of Meeting. At any meeting of Lot Owners, a Majority of the Lot Owners who are present at that meeting, either in person or by proxy, may adjourn the meeting to another time. 3.7 Order of Business. The order of business at all meetings of the Lot Owners shall be as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of minutes of preceding meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board (if required and noticed); (f) Election of inspectors of election (when required); (g) Election of Directors of the Executive Board (when required); C.ID000MENTS AND SETTINGSVHATCFNACAL SETTINGS\TEMPORARY INTERNET FILESWLK39N�GHLAND FARMS 6'20/05 BYLAWS 20050630.DOC J (h) Ratification of budget (if required and noticed); (i) Unfinished business; and (j) New business. 3.8 Voting. If only one of several owners of a Lot is present at a meeting of the Association, the owner present is entitled to cast all the Votes allocated to the Lot. If more than one of the owners are present, the Votes allocated to the Lot may be cast only in accordance with the agreement of a majority in interest of the owners. There is majority agreement if any one of the owners casts the Votes allocated to the Lot without protest being made promptly to the person presiding over the meeting by another owner of the Lot. Votes allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. If a Lot is owned by more than one person, each owner of the Lot may vote or register protest to the casting of votes by the other owners of the Lot through a duly executed proxy. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. The Vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board of directors or bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust owner is qualified to vote. Votes allocated to a Lot owned by the Association may not be cast. 3.9 Quorum. Except as otherwise provided in these Bylaws, the Lot Owners present in person or by proxy at any meeting of Lot Owners, (but no less than 30 percent of the members), shall constitute a quorum at that meeting. 3.10 Majority Vote. The Vote of a majority of the Lot Owners present in person or by proxy at a meeting at which a quorum shall be present shall be binding upon all Lot Owners for all purposes except where a higher percentage Vote is required in the Declaration, these Bylaws or by law. ARTICLE 4 OFFICERS 4.1 Designation. The principal officers of the Association shall be the president, the vice president, the secretary and the treasurer, all of whom shall be elected by C\DOCUMENTS AND SEITINGSUHATCFNACAL SETTINGS\TEMPORARY INTERNET FILES`9LK29ArHLAND FARMS 6/10/05 BYLAWS 20050620.000 O the Executive Board. The Executive Board may appoint an assistant treasurer, an assistant secretary and other officers as it finds necessary. The president and vice president, but no other officers, need to be Directors. Any two offices may be held by the same person, except the offices of president and secretary. The office of vice president may be vacant. 4.2 Election of Officers. The officers of the Association shall be elected annually by the Executive Board at the organizational meeting of each new Executive Board. They shall hold office at the pleasure of the Executive Board. 4.3 Removal of Officers. Upon the affirmative vote of a majority of the Directors, any officer may be removed, either with or without cause. A successor may be elected at any regular meeting of the Executive Board or at any special meeting of the Executive Board called for that purpose. 4.4 President. The president shall be the chief executive officer of the Association. The president shall preside at all meetings of the Lot Owners and of the Executive Board. The president shall have all of the general powers and duties which are incident to the office of president of a nonprofit corporation organized under the laws of the State of Colorado, including but not limited to the power to appoint committees from among the Lot Owners from time to time as the president may decide is appropriate to assist in the conduct of the affairs of the Association. The president may fulfill the role of treasurer in the absence of the treasurer. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. 4.5 Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act, the Executive Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties imposed by the Executive Board or by the president. 4.6 Secretary. The secretary shall keep the minutes of all meetings of the Lot Owners and the Executive Board. The secretary shall have charge of the Association's books and papers as the Executive Board may direct and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Colorado. The secretary may cause to be prepared and may attest to execution by the president of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. 4.7 Treasurer. The treasurer shall be responsible for Association funds and securities, for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required C\DONMENTS AND SETTINGSVHATCmLDCAL SETTINGS\TEMPORARY INTERNET FILES\OLK29T\YGHLAND FARMS 6/10/05 BYLAWS 30050630 DCC / financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Colorado. The treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit described below, the treasurer may have custody of and shall have the power to endorse for transfer, on behalf of the Association, stock, securities or other investments instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in segregated accounts or in prudent investments, as the Executive Board decides. Funds may be withdrawn from these reserves for the purposes for which they were deposited, by check or order, authorized by the treasurer, and executed by two Directors, one of whom may be the treasurer if the treasurer is also a Director. 4.8 Agreements, Contracts, Deeds, Checks, etc. Except as provided in Sections, 4.4, 4.6,4.7, and 4.9 of these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by an officer of the Association or by any other person or persons designated by the Executive Board. 4.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer, a manager employed by the Association or, in their absence, any officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid assessments, in accordance with Section 316 of the Act. The Association may charge a reasonable fee for preparing statements of unpaid assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate of statement is furnished. ARTICLE 5 INDEMNIFICATION 5.1 Indemnification. To the extent permitted by law and consistent with the Articles of Incorporation, the Association will indemnify every member of the Executive Board, and every officer, employee and agent of the Association and every person who serves at the request of the Association as a director, officer, employee, fiduciary or agent of any other foreign or domestic corporation or of any partnership, joint venture, trust or other enterprise or employee benefit plan against liability asserted against or incurred by such person in such capacity or arising out of that person's capacity as such. The indemnification permitted under this Article will not extend, in any event, to any act or omission occurring prior to the date of incorporation of the Association. C\DOCUMENTS AND SETTINGSV MLO HATCCAL SETTINGS\TEMPORARY INTERNET FILES`OLK197\ HLAND FARMS 6/20/05 BYLAWS 10050610.DOC ZS 5.2 Indemnification in the event of Settlement. In the event of a settlement, indemnification will be provided only in connection with such matters covered by the settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of such action or omissions in the performance of such person's duties for the Association. The foregoing rights will not be exclusive of other rights to which such member of the Board of Directors or officer or other person may be entitled. All liability, loss, damage, cost and expense arising out of or in connection with the foregoing indemnification provisions will be treated and handled by the Association as a Common Expense. ARTICLE 6 NONPROFIT CORPORATION The Association is not organized for profit. No Member of the Association, member of the Executive Board, or person from whom the Association may receive any property or funds will receive or will be lawfully entitled to receive any pecuniary profit from the operations of the Association, and in no event will any part of the funds or assets of the Association be paid as a dividend or be distributed to, or inure to the benefit of, any member of the Executive Board. Notwithstanding the foregoing, (i) reasonable compensation may be paid to any Member or Director acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association, (ii) any Member or Director may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association, and any Director may be reimbursed for actual expenses incurred in the performance of his duties. ARTICLE 7 AMENDMENTS These Bylaws may be amended, at a regular or special meeting of the Board, by a vote of a majority of a quorum of Directors present in person or by proxy, but any amendment of any portion of Section 2.1 or Article 5 or Article 7 will require approval of all Directors. ARTICLE 8 MISCELLANEOUS 8.1 - Fiscal Year. The fiscal year of the Association will begin on the first day of January and end on the 31st day of December every year, except that the first fiscal year will begin on the date of incorporation. 8.2 - Corporate Seal. The Association will not have a corporate seal. 8.3 - Conflicts of Documents. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles will control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration will control. C\WCUMENTS AND SETTINGSVHATCH\LOCAL SETTINGS\TEMPORARY INTERNET FILES!OLK2971GHLAND FARMS 6/20/05 BYLAWS 30050630.OOC `J 8.4 - Fannie Mae. The Board and the Association will comply with the following provisions so long as they desire Federal National Mortgage Association("Fannie Mae") acceptance of the Project: (a) In the event of foreclosure of a Lot, the First Mortgagee will not be liable for any fees or charges related to the collection of six months or less of unpaid Assessments that accrued before the First Mortgagee acquired title to the Lot. (b) Each hazard insurance policy must be written by an insurance carrier that has an acceptable rating from either A.M. Best Company, Demotech, Inc., or Standard and Poor's, Inc., as follows: A "B" or better general policyholder's rating or a "6" or better financial performance index rating in Best's Insurance Reports, an "A" or better general policyholder's rating and a financial size category of"VIII" or better in Best's Insurance Reports — International Edition, an "A" or better rating in Demotech's Hazard Insurance Financial Stability Ratings, a "BBBq" qualified solvency ratio or a "BBB" or better claims-paying ability rating in Standard and Poor's Insurance Solvency Review, or a "BBB" or better claims-paying ability rating in Standard and Poor's International Confidential Rating Service. (c) The insurance policies obtained by the Association must also contain the standard mortgage clause and must name as mortgagee either Fannie Mae or the servicers for the mortgages Fannie Mae holds on Units in the Project. Adopted this day of , 2005. ATTEST: By: Secretary C\WCDMENTS AND SFTTINGSVHATCMLOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK39T{1IE,HLAND FARMS 6/30105 BYLAWS 30050630 E)C 1 V ■ 5 E -\\ " ) w I N3 ,1 7 1 1 I I ' I I x* d „Jr., .( .- h .;. p' s ¢ as t4,. t i'' � t d }jr _aw �., r' g a., i a.. a ;' �... , r { "7 _ 4 �y - }tam V' ._ 2,; k d .. t 2� a 3 - r I+flwp'an`+nwn _ _, ey ..� J! " 'a /�., sJ #� 27774x yi tr #c nom. $ bwE'k4•film $ ., — •s.. -4, ikc "44i 44' 4 Y - s �rx�/"+aT' `g ,. 'g `, ., f t- s.t, 4Ti g < mwf Wd °K.. f. {l k2 dy rf - ; , 1. t kFlieig'< """''''' W . .fix ,.:.� ..3?-;!! JJt,•.-..,1'''' ,':--1:.:. 5 .Li ? -, IS, j/p�i' 1 I ti $ s 1 'a z i� # ..c % Jn • , tp gp,'/ rx yak _ — _ _ ,, 3 ro . • 'Papf P . i! yif s. F rte." }+k 7427-f g t 6 * *x p is "*,� 3 - P%p44.4 { ' , 474 y₹ 4, r% a44,44„,,,,,:k4:tK � 'Xt.'x' 4 dT AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE t I Property Legal Description: 4 "eG Ng" T.1 Ltietg Parcel Number 1 4 4, 1 - 0 5 - - p fl-Q fl (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an addtional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate)within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Title: !iit6 ptel9r7Ea1 POWCINLeCOwcvtr,wr5 Itt. ��1 The foregoing instrument was subscribed and sworn to me this Ze day of r-tb.GF+. , 1005 WITNESS my hand and official seal. o pp11IIIUII �,p q�, �M.V►L .., My Commission Expires: I • �''O.7 .Q`!G•• ..............9 . s ea()TARy:�= -15- Subject Parcel:146705000030 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of names, addresses, and the corresponding Parcel Identification Number assigned by the weld county assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and ahs not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of thg� application's submission date. f// /}/ /i '/ //' : ,1 Signatu e 5.. Z�',c Parcel#: 146705000027 Date Owner: WAGNER JOHN D&PATTY J parcel#: 146705103003 Address: 1018 HWY 52 Owner: LINNENBURGER SAMUEL D City: ERIE Address: 1635 DAILY DR State: CO City: ERIE Zip Code:80516 State: CO Zip Code:80516 Parcel#: 146705000026 Owner: WAGNER JEFFREY M &KRISTIE S Parcel#: 146705103004 Address: 5946 WELD COUNTY RD 3 Owner: TEMPEL SCOTT B City: ERIE Address: 5545 SUMMIT WAY State: CO City: ERIE Zip Code:80516 State: CO Zip Code:80516 Parcel#: 146705000029 Owner: SIMPSON MICHAEL] Parcel#: 146705100023 Address: 5768 COUNTY RD 3 Owner: LAGERHOLM AMY L City: ERIE Address: 1668 OLD HWY 52 State: CO City: ERIE Zip Code:80516 State: CO Zip Code:80516 Parcel#: 146705200036 Owner: WILTS WENDELL RAY Parcel#: 146705100022 Address: 5768 COUNTY RD 3 Owner: MCFADZEAN JAMES A City: ERIE Address: 805 SHANAHAN CT State: CO City: NAPERVILLE Zip Code:80516 State: IL Zip Code:60540 Parcel#: 146705200037 Owner: WRIGHT FRANK E Parcel#: 146705100012 Address: 22 SEVEN HILLS DR Owner: JENKE RICHARD A&NANCY LEE City: BOULDER Address: 1588 CO HWY 52 State: CO City: ERIE Zip Code:80302 State: CO Zip Code:80516 Parcel#: 146705103008 Owner: SUMMIT MOUNTAIN VIEW HOMEOWNERS ASSN Parcel#: 146705100010 Address: C/O ELIZABETH J SCHOLTEN Owner: LARSON RUTH A 451 21 AV Address: 1578 HWY 52 City: ERIE City: LONGMONT State: CO State: CO Zip Code:80516 Zip Code: 80501 Parcel#: 146705100009 Owner: SLATKIN S A Address: 1568 COLO HWY 52 City: ERIE State: CO Zip Code:80516 Parcel#: 131332000028 Owner: FOWLER STANLEY H &ELEANOR R Address: P O BOX 258 City: ERIE State: CO Zip Code:805160258 Parcel#: 131332300041 Owner: FILE JON P Address: 6028 COUNTY RD 3 1/4 City: ERIE State: CO Zip Code:80516 Parcel#: 146706100052 Owner: BULTHAUP RICHARD G Address: 2780 W 149 AVE City: BROOMFIELD State: CO Zip Code:80020 Parcel#: 131332300042 Owner: FARFRUMWURKIN LLLP Address: 11811 UPHAM ST#12 City: BROOMFIELD State: CO Zip Code:80020 Parcel#: 131332000036 Owner: YARDLEY DAVID J Address: 3838 FLORENTINE CIR City: LONGMONT State: CO Zip Code:80503 Parcel#: 146705100021 Owner: STEINLEY JEFFREY S Address: 1644 HWY 52 City: ERIE State: CO Zip Code:80516 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Godinho) Subject Property: Township 1 North, Range 68 West, 6th P.M., Weld County, Colorado Sec. 5: Lot B of Recorded Exemption No. 1467-05-2-RE1517, being a part of the N1,4NW% and the S'%NW'/4 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as same were verified at March 7, 2005. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 21s` day of March, 2005. CREWS & ZEREN, LLC /.'` By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners: Mineral Lessees: Anadarko Land Corp. EnCana Energy Resources, Inc. Attn: Mgr. Property & ROW 370 16th Street, Suite 1700 P.O. Box 9149 Denver, CO 80202 The Woodlands, TX 77387-9147 Anadarko E&P Company LP Attn: Manager Land, Western Division P.O. Box 9149 The Woodlands, TX 77387-9147 Crews eh'Zeren,EEC MineralTit&e Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 fax(970)351-0867 By acceptance and use of this list,the client and its agents agree to all of the following: William G. Crews ("Crews")and Cynthia A. E. Zeren ("Zeren")are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to§§24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes§24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews&Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever,the liability of Crews,Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews,Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews,Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners,to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation,warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z)of any kind or character(regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). Crews e5'Zeren,LLC Mineral Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 Good morning , Jacqueline hatch, Department of Planning Services Highland Acquisition Group has applied for a Final Plat for Highland Farms PUD for nine (9) lots with (E) Estate uses and two (2) non-residential outlots and one (1) agricultural outlot. The applicant is proposing a low density residential development of 9 lots on approximately 56.9 acres. The proposal also includes approximately 37 acres of an agricultural outlot and open space. The applicant has chosen to adhere to the bulk requirements of the E(Estate)Zone District with the exception that the lot sizes will be an average of 2.07 acres in size and two equine will be allowed per lot. The site is located South of and adjacent to Highway 52 and approximately 'A mile east of CR 3. The surrounding property consists of primarily single family homes to the west and agricultural uses to the north, south and east. The property consists of a steep slope down towards the southwest portion of the lot. A ditch corridor runs north south on the western portion of the land. The property is currently not farmed and consists of long grass. The proposed PUD will be serviced by Left Hand Water District Individual sewer disposal systems Gas = Kinder morgan Electric = United Power Phone = qwest United power has responded and has requested that a 10' wide easement around the perimeters of outlot A and tracts C & D be placed on the plat. The Department of Planning Services is recommended that the applicant provides utility easement in compliance with Section 24-7-60 and 27-9-40 of the Weld County Code. --- 1 ti � �. y �,o".�✓ .ice �� pl -,. ; • > \ MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, April 28, 2005 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Robert Fleck, Jerry Adams, Don Carroll Also Present: Chris Gathman and Michelle Martin presenting for Jacqueline Hatch CASE: PF-1045 APPLICANT: Highland Acquisition Group REQUEST: Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot LEGAL DESCRIPTION: Legal Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Chris Gathman, Department of Planning Services, presented case PF-1045. The services to the proposed PUD will be by Left Hand Water District, individual sewage disposal systems, Kinder Morgan, United Power and Qwest. United Power is suggesting a 10 foot easement around outlot A and tract C, D be placed on the plat. Don Carroll asked for clarification on the outlots. Mr. Gathman provided the information according to a map that was provided in the packet. Mr. Gathman clarified that United Power is recommending a 10 foot easement. Don Carroll asked for clarification on the exact location of the PUD. TM? Mr. Gathman stated it was the bold line excluding out lot B and A of RE-2433 and Lot A of RE-3105. Jerry Adams indicated the applicant needs to add a 10 foot easement around the lines that skirt the property lines, which will be side lot easements. Also add a 20 foot perimeter easement on Tracts D, outlot A and Tract C. Mr. Adams added that at the entrance off Hwy 52 needs a 15 foot front lot easement adjacent to Tract C to be consistent. Mr. Gathman suggested the same be done on tract D on the west side of roadway. Mr. Adams stated that adjacent to the 40 foot right-of-way would be 20 feet along entire parameter and 15 adjacent to the road. Don Posselt asked if this was signed off by CDOT. Mr. Gathman stated there is a notice to proceed from CDOT, there is an access permit for 9 single family lots. Mr. Posselt is concerned about how wide the entrance is at the highway point. Mr. Gathman stated the packet was reviewed by CDOT and there were no specific requirement from them. The applicant may be able to address better. Rob Bultharp, Manager of Highlands Farms, clarified the access. Hwy 52 has been widened and there are turn lanes. Mr. Posselt asked about the entry into the subdivision being wide enough to turn right out of the subdivision. Mr. Bultharp stated there are two lanes for the turning radius and there have been several discussions with CDOT. Mr. Gathman added that 60 foot is the standard for subdivision. Don Carroll asked if CDOT was asking them to re-stripe the area and what was the level of service. Mr. Bultharp stated they were not required to re-stripe and the level of service was an A or B. Jerry Adams stated he would like to see a 10 foot easement on both sides of the lot lines but since there is water on the west side can they make the east side easement 15 foot. This would be the only access from parcel south into subdivision. Mr. Bultharp stated the water easement was to bring water in the subdivision but the idea this is more than just water. Mr. Adams suggested labeling the plat differently to include a non exclusive utility easement. Rob Fleck asked if all the alternatives were looked at for sewer. Mr. Bultharp stated there has been an application in Erie for annexation and they have been turned down since 1999 and there are no other options. Gabe, Peak Civil Engineering, asked for clarification on the easement on tract D and how to label. Mr. Gathman stated the language should read a non exclusive utility easement. Don Posselt added there is 12 inch T but shows a 90 degree connection. Gabe indicated that the plans that are being referred to do not reflect the comments from Left Hand Water District. They want to utilize the 12 inch surface to the north and the T will enable them to come to the subdivision. Jerry Adams clarified the comments for the Utility Board. Add 15 foot easement in tract C as it abuts Highland Court right-of-way, add 20 foot perimeter easement around entire Highland Farms PUD parcel (tracts C, D & outlot A)which would include 20 foot perimeter easement adjacent to and south of the 40 foot right-of-way reservation south of Hwy 52 and change the notation for easement in tract D to include utility rather than just water. Robert Fleck moved to approve. Don Posselt seconded. Motion carried. CASE: PF-1000 APPLICANT: Jeff Olson with Stenerson, Olson & Lowrey Development LLC REQUEST: Nesting Crane Ranch, PUD Final Plan for 9 residential lots LEGAL DESCRIPTION: W2W2NE4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Hwy 66 and approximately 1/2 mile west of CR3 Michelle Martin, Department of Planning Services, presented case PF-1000. The services to the proposed PUD will be by Left Hand Water District, individual sewage disposal systems, United Power and Qwest. Don Carroll asked about lots 5 &6 and the gap between the easement and the property line and what is occurring at this location. Ms. Martin stated she was not sure. Mr. Posselt indicated there was a power line in that location but not called out. Mr. Carroll added that if it is an additional easement it will need to be labeled. Mr. Carroll continued with questions on the parameter easement adjacent to State Hwy 66 right-of-way gong across lots A & B, this would be a 20 foot parameter easement. Don Carroll asked the board about lot line easement between lots and requiring them for this development. Mr. Adams indicated the applicant needs to include 10 foot easements on both sides of the lot lines within the subdivision. Ms. Martin asked if this would include the non buildable lots. Mr. Adams indicated it would. Jerry Adams asked about the western access roadway and the easements adjacent to the roadway should be 15 feet. Ms. Martin indicated there is five foot drainage and it could be expanded to include the 15 foot utility easement. Robert Fleck added this property is within the St. Vrain Sanitation District but he does not recall a conversation regarding the extension of the sewer service to the area. There are developments in the works to bring the line to within a mile and a half of this subdivision. Ms. Martin stated St. Vrain was sent a referral and there has been no response received at this time. Ms. Martin stated a packet could be given to Mr. Fleck. Don Carroll asked if the applicant supplies staff with a sign off sheet for this case. Ms. Martin stated that as a part of the application the utilities are listed but there is not a sign off, the sign off is on the plat. Mr. Fleck indicated that St. Vrain usually requires their own signature block. Mr. Fleck indicated there will be sewer in the area. Don Posselt asked if CDOT has signed off on this. Ms. Martin stated it does not appear CDOT has reviewed the final application, it may have been done at the change of zone process. Discussion ensured with regards to the jurisdiction from CDOT and County. Mr. Carroll advised the Utility Board of what the County has the authority to do when dealing with the Colorado Department of Transportation. Michelle Martin added there was a response from St. Vrain in 2004. Mr. Fleck indicated things have changed from that time and sewer will now be developed in the area. Jerry Adams summarized the Utility Boards recommendations which consisted of adding a 20 foot parameter on the north edge of plat across lots A&B adjacent to Hwy 66, add any possible State reserved future right-of-way for Hwy 66, label or note what the strip at south edge of subdivision is whether it is an easement or if it is not an easement then the 20 foot utility to south edge of the parcel needs to be noted, add the 10 foot easements on the side lots and expand the easement adjacent to and on either side of emergency access easement between lots 7 & 8 to 15 feet in width. Respectfully submitted, �.',�..�� !� 7G CK-L Voneen Macklin Secretary Weld County Planning Department GREELEY OFFICE APR 2 1 2005 RECEIVED NITED POWER MEMORANDUM April 19, 2005 TO WELD COUNTY PLANNING AND ZONING c/o Jacqueline Hatch FROM: Al Trujillo RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS 11 1 1 1 1 1 1 1 I 1 1 1 1 1 1 111111111 1 1 1 1 1 1 1 1 1 NAME OF SUBDIVISION RECEIPT OF NOTICE COMMENTS DUE I I l l l I I I I I I I r I I I I I I HIGHLAND FARMS P.U.D. APRIL 18, 2005 APRIL 28, 2005 10 FT WIDE EASEMENTS AROUND PERIMETERS OF OUTLOT A&TRACTS C&D Please let me know if I can be of further assistance on this matter and thanks again for your help. I can be reached @ 303-637-1241. A CONSUMER OWNED UTILITY FROM : TERRI MAGNUSON < FAX NO. : 3032373433 Me, 28 2005 11:42RM P1 left Hand Water District March 28,2005 RE:Highland Farms Gabe Villarreal Peak Civil Consultants 2828 Speer Blvd.,Suite 201 Denver,CO 80211 Dear Gabe: I have reviewed the plans dated 3/11/05 for Highland Farms and find them to be acceptable to the District,subject to the following corrections: Covet Sheet Old version inadvertently included in this set Sheet 9: The existing turnout on the 24" line is 12", not 8" as shown. Additionally, the connection to the turnout should be designed to leave a 12"stub and plug facing north for a possible future extension is that direction. As we discussed,we may want to combine and rotate the horizontal and vertical bends in this area in order to reduce the overall number of fittings required. A proposed design should be submitted to me for preliminary approval prior to construction,and will be also subject to final approval in the field by the Left Hand Water District Inspector Please provide 2 copies of revised plans prior to the start of construction- The contactor should notify our Distribution Manager, Todd Petty; at least one week in advance of the start date so inspections can be scheduled. Sincerely, Terri Magnuson, .E. District Engineer cc Kathy Peterson,Todd Petty;Chris Smith Left Hand Water District P.O. Box 210 N Niwot, CO 80544-0210 Phone 303-530-4200 ti Fax 303-530-5252„wwwlefthandwater.dst,co.us SENeE': Cent•LETS TNIS SECTI•N C•M•LETE THIS SECT/W •N •ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ( ❑Agent • Print your name and address on the reverse X" -/� \a---A---"C-"-- ❑Addressee so that we can return the card to you. :,/leceiv:• by(,'tinted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, I or on the front if space permits. Iu r`' . ' D. Is deliv: address different from Item 1? O Yes 1 e»��`a»�....._-�•-. If YES,enter delivery address below: O No TOWN OF FREDERICK PO BOX 435 FREDERICK CO 80530 3. Service Type ❑Certified Mall O Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. it . IO1.6 µ 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7003 1010 0002 8989 2976 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 SENeE': Ce M•LETS TNIS SECTI eN C•M•LETE THIS SECTUN •N bELI VE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 1 � D ` S J 0 Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. Received by(Printed Name) Q. Date of Delivery — - ■ Attach this card to the back of the mailpiece,or on the front if space permits. — O D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No TOWN OF ERIE PO BOX 100 ERIE CO 80516 3. Service Type Certified Mall O Express Mall O Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. (2\" ' 11C,45 - 314- 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7003 1010 0002 8989 2983 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery Is desired. Y �, /J/ O Agent • Print your name and address on the reverse - C/ sc / —/ZG `-C—' O Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, - or on the front if space permits. L.1 t75-4/C-) /k'n;,."/ V-J- D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No CITY OF DACONO PO BOX 186 DACONO CO 80514 3. Service Type Certified Mail O Express Mall /�.' (%;'N t Registered O Retum Receipt for Merchandise ed> 10 ❑ Insured Mail O C.O.D. lam. it11I Delivery?4. Restricted (Extra Fee) El yes 2. Aracle Number �tinsle rm s) k IcelabeD 7003 1010 0002 8989 2990 PS Form 3bruary 2004 Domestic Return Receipt 102585-02-W1540, REFERRAL LIST Name: Highland Acquisition Case#PF-1045 County Towns & Cities Fire Districts 'z Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring z Dacono _Brighton F-3 - z Sheriffs Office _Eaton _Eaton F-4 z Public Works z Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 Building Inspection _Fort Lupton _Johnstown F-8 `z Code Compliance_S.-Ann_N-Beth z Frederick LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City z Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services _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 z Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _WaterConservationBoard _Longmont _Wiggins F-18 _Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer z South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton '_z_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 \zSchool District RE-1j _USDA-APHIS Vet Service Central Colo. Water _Federal Aviation Admin (Structures \z Left Hand Water over 200 ft or w/in 20000 ft of Pub `—z Lower Boulder Ditch Airport _Art Elmquist(MUD Area) _Federal Communications Comm Referral List -^ Name: ��cw.vg 14c :sr J (.1/4)u 2 L na u_5rn,r L— —)/Gt Le-Ls Case# Cr Y3 wi A.-ii-p- et w c CLAJI v'-rn+-X-. County Towns&Cities Fire Districts ,ttorney _Ault _Ault F-1 • s Health Department _Berthoud _Berthoud F-2 \ PtAv • _Extension Office _Brighton _Briggsdale F-24 a R' S'a _Emergency Management Office-Ed Herring LDacono _Brighton F-3 Jr- p ,. `ySheriffs Office _Eaton _Eaton F-4 O' N ,O'',,.�`7 )(Public Works tErie _FFort Lipton F-5 F r t Housing Authority Evans _Galeton F-6 q14/'r _Airport Authority _Firestone _Hudson F-7 &. ts.9 r _Building Inspection _Fort Lupton _Johnstown F-B r' 'Code Compliance h N•'J - (SC 17-1 Frederick _LaSalle F-9 I" '.6•t pt), 3&inn z+I-11 ,,t• ay 4-`'` ) _Garden City -Mountain View F-10 ) C�-(�.., r in _Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 b 1 _Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 co'` Ambulance Services _Grover • _Pawnee F-22 dt")/ t State J o State Hudson _Platteville F-13 _Div.of Water Resources _Johnstown _Platte Valley F-14 ,-r• `' , ,d p...-..IC _Geological Survey _Keenesburg _Poudre Valley F-15 °r',e _Department of Health _Kersey _Raymer F-2 Department of Transportation LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-26 Water Conservation Board _Longmont _Western Hills F-20 _Oil&Gas Conservation Commission _Mead _Wiggins F-18 • Division of Wildlife _Milliken _Windsor/Severance F-17 South Hwy 66(Loveland) _New Raymer N/ 77 ` i ..../L..)C✓' ..../L..)y _North Hwy 66(Greeley) _Northglenn Legal -J (— 3 id} r_r - d '-' _Division of Minerals/Geology Nunn Parcel ID# %`i 6 7 0 5-6 cCc 3O Soil Conservation Districts _Pierce Zone `4-3 Acres? �� I _Big Thompson _Platteville USDA Boulder Valley _Severance Airport N,: _Brighton _Thornton Geo Haz JiLa _Centennial _Windsor FP? AA' Panel Oct C 9 _FFort Collins Counties Road Impact Fee Area? C4 J cC) _Greeley Adams - - —, L _,ASAlad _j _Longmont _�Boulder IGA? N' ORD # _Morgan _Broomfield MUD? &/J _Platte Valley _Larimer _ _Southeast Weld Other' it. _West Adams _Central Colo.Water Conservancy Dist Federal Government Agencies Zeft Hand Water US Army Corps of Engrs (eSchocl District RE- ( S c.' e - _USDA-APHIS Vet Service _Art Eimquist(MUD Area) rfp� 1 _Federal Aviation Admin (Structures over Ditch Company, (o wen- v):)ch_ot over 200 ft orwiin 20000 ft of Pub Airport Commissioner 8.11-6, c‘,..)„,""'L _Federal Communications Comm 6 Weld County Referral April 5, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) ❑ 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 Date Agency ❖Weld County Planning Dept. 4918 10'"Street, Greeley,CO.80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax 0:/13/44 44:27 FREDERICK TOWN GOVT + 9703046498 N0.020 R02 .'ic3W-(AS 0. ofIIIl0 i% Weld County Referral Wilo o[_ April 5, 2005 C iillT .3.. NA.PR 7 2005 COLORADO . By0I -6 \_6Ydel _ The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 • Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1)agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, T1N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 The application is submifted 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. Weld County Planning Commission Hearing (if applicable) 1 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. O See attached letter. Comments: • Signature Date 1401/05 Agency +Weld County Planning Dept. +916 10"Street, Greeley, CO.60631 %(970)353-6100 ext,3540 +(970)304-6498 fax .1 0 f III Weld County Referral It Weld County Planning Department 're GREELEY OFFICE April 5, 2005 APR 2 7 2005 iiiiC• RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) ❑ 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 fir.. — Date f Agency t V J� —_ ------ t +Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 •(970)353-6100 ext.3540 +(970)304-6498 fax 4 (ice ceN) Weld County Referral 111 I April 5, 2005 D C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) ❑ 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: 1. t'fAliel.0 (6'f\\Pi oc0C.C1VAa=i CD(‘vp ik 1 Vitintifmn tkrOcc nekci. Signature 76(11[") Date Li-g-O� Agency 7.r�nA,AJJ iv1zatptiatert ❖Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax Apr 07 05 01 : 23p Left Hand Water District 3035305252 p- 1 Weld County Referral • itittfita April 5, 2005 inipC. ,R '7 20k15 • COLORADO yyyy The Weld County Department of PlanningiAt Ilvr 'IHag-�recel edsthRe'following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, If Colorado. [ Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) K❑ 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. J See attached letter Comments: Signature C(' Date - 7- 0 S! Agency c.� tsr cj v v- 4Weld County Planning Dept. e918 10'h Street,Greeley, CO. 80631 •:(970)353-6100 ext.3540 4(970)304-6498 fax HIGHLAND FARMS PUD Developer: Highland Acquisition Case #PZ-1045 (Change of Zone from Ag to PUD) Lauren Light/LandPro PT N2NW4 5-1-68 Planner: Jacqueline Hatch ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0850C) IS NOT IN STORM WATER PROJECT AREA RIF AREA #3 LEFT HAND WATER DISTRICT ENGINEERED INDIVIDUAL SEPTIC SYSTEMS NATURAL GAS - KINDER-MORGAN UNITED POWER QWEST COMMUNICATIONS RE-1J, ST VRAIN SCHOOL DISTRICT MOUNTAIN VIEW FPD ERIE PO STANDARD ESTATE ZONE BULK REQUIREMENTS 9 RESIDENTIAL LOTS W/1 AG LOT (Residential Lots have building envelopes) REVISED 8/11/05 LIN DODGE Lot 1 1243 Highland Way Lot 2 1241 Highland Way Lot 3 1246 Highland Place Lot 4 1242 Highland Way Lot 5 1240 Highland Way Lot 6 1249 Highland Place Lot 7 1245 Highland Place Lot 8 1248 Highland Place Lot 9 1244 Highland Place LIN DODGE 7/9/04 July 9, 2004 TO: JACQUELINE HATCH, PLANNR FROM: LIN DODGE, BUILDING TECH RE: REFERRAL NOTES FOR PZ-1045 - HIGHLAND FARMS PUD 1. Highland Estates Subdivision (S-24) is existing - cannot duplicate name. 2. Please reference Weld County Ordinance 2003-6, The Weld County Addressing Code, Section 2-13-70, H-1-a-7, which requires cul-de-sacs running east and west to be called "Place" and cul-de-sacs running north and south to be called "Way". REVISED 8/11/05 PER JACQUELINE vwcir /Department Referral Weld County P anning Department GREELEY OFFICE April 5, 2005 ' APR 2 1 2005 �eb ON O RECEIVED �rAPR" _ 7 405 �4r Q COLORAD The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2)non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 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. Weld County Planning Commission Hearing (if applicable) ❑ 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: D Corn✓ uAn+ • Signature fttA.14ccs- Date 41 ≤ i/o Agency OD(51-I A•c coss +Weld County Planning Dept. +918 10"Street,Greeley,CO. 80631 ❖(970)353-6100 ext.3540 •'x(970)304-6498 fax COLORADO DEPARTMENT OF TRANSPORTATION COO Permit No. 404069 STATE HIGHWAY ACCESS CODE SH/S/MP52A/008.420/R 52A/008.420/R NOTICE TO PROCEED Local Jurisdiction Weld County Permittee(s): Applicant; Rob Bulthaup Rob Bulthaup Highland Acquisition Group,LLC Highland Acquisition Group,LLC 6297 S. Potomac Way 6297 S.Potomac Way Centennial,CO 80111 Centennial,CO 80111 303-792-0885 303-792-0885 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. None Weld County Planning Departniej - J EY OFFICE APR 1 8 .2005 RECEWED Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title Date (X) 14CU-L A - 4/147°5— Copy Dis ibrtion:Required 1.Region Permit files 2.Staff Access Section. As needed: L. =I -uthority, MTCE Patrol, Inspector Form 1265 8/98 COLORADO DEPARTMENT OF TRANSPORTATI( CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 404069 State Highway No/Mp/Side 52A/008.420/R Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 03/23/2005 04/01/09 Weld County The Permittee(s); Applicant; Ref No.2005 Rob Bulthaup Rob Bulthaup Highland Acquisition Group,LLC Highland Acquisition Group, LLC 6297 S. Potomac Way 6297 S.Potomac Way Centennial,CO 80111 Centennial,CO 80111 303-792-0885 303-792-0885 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted acrvcs and Its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is to be located on State Highway 52,a distance of 2,212 feet east of Mile Post 8 on the south/right side. Access to Provide Service to: Single-Family Detached Housing 9 Each 100.00 % Other terms and conditions: *See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (X) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley at 970-350- 2147 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee �j�agnrQJ Date` �( '/ oos This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date(of Issue) Title (x)( (t.1 td_ + i/P r4/0 S Access Manager Cop Die budon: Required: Make copies as necessary for. Previous editions are obsolete and may not be used 1.Region Local Authority Inspector CDOT Form#101 9/99 2.Applicant MICE Patrol Traffic Engineer 3.Staff Access Section APR - 72005 Count Weld y Referral e ral wilWeld County Planning Department April 5, 2005 GREELEY OFFICE C. APR 1 5 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two I(2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 u 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. Weld County Planning Commission Hearing (if applicable) ❑ 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 "41. C tt CI Date `>; A3 k dS Agency. ( f\- ,�e � -Sr�.re V,t +Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ')(970)304-6498 fax M°u"rvh MOUNTAIN VIEW FIRE PROTECTION DISTRICT �+ a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW April 13, 2005 Ms. Jacqueline Hatch Weld County Planning Department 918 West 10`h Street Greeley, CO 80631 Dear Ms. Hatch: I have reviewed the submitted material pertaining to the final development plan for the Highland Acquisition Group located south and adjacent to Highway 52 approximately Y mile east of Weld County Road 3. The Fire District does not object to the proposed development, provided the development is able to meet the requirements of the Fire District. Based on my review, I have the following comments: • Construction of the residences shall be in accordance with the provisions of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances as enforced by Weld County. • Fire hydrant locations and access appears to be satisfactory as indicated on the plans. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and must have a surface that provides all-weather driving capabilities. All access roads will need to be constructed and approved before building permits are issued. • A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 pounds per square inch, is required for one- and two-family dwellings not exceeding 3,600 gross square feet. All other buildings (including larger one- and two-family dwellings) require a minimum fire flow of 1,750 gallons per minute and may require more depending on the building size and type of construction as per Appendix III-A of the Uniform Fire Code. • Construction plans for the utilities showing the location of fire hydrants, the size of water mains and available fire flows must be submitted to the Fire District for review and approval prior to beginning construction of the utilities. Fire hydrants and roads must be in place and hydrants flow tested before any building construction begins. • Street intersections must be marked with signs showing the street name at the time building construction begins. If standard street signs are used, then the signs do not need to be submitted to the Fire District for approval. If non-standard street signs are used, the signs do need to be submitted to the Fire District for approval. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St, 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Ms. Jacqueline Hatch April 13, 2005 Page Two • All single-family residences shall have a legible address that is clearly visible from the street fronting the property. • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half-inch by eleven-inch map of the subdivision showing the street configuration, street names, hydrant locations and addresses of the lots if available. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process, should you have any questions,please contact me at (303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: project file Weld County Sheriff's Office M e mo To: Jacqueline Hatch K' 7�� From: Ken Poncelow / CC: Date: May 6,2005 Re: PF-1045 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division,they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. 1 Weld County Planning Department GREELEY OFFICE JUL 2 8 2005 MEMORANDUM RECEIVED TO: Jacqueline Hatch, Planning D ent DATE: 27-July-2005 ipt FROM: Peter Schei,P.E., Publ. partment COLORADO SUBJECT: PF-1045 Highland Farms PUD sign-off2 (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant has submitted a signed Colorado Department of Transportation (CDOT) Access Permit to Public Works,which is acceptable to our office. Recommendation ❑ The Public Works Department effectively `signs-off on this development with no recognized issues. The Planning Duent may proceed with this cue,with no restrictions by Public Works.' •PC:PF-1045 Highland Farms PUD sign-off2(Final Plat) Email&Original:Planner:Jacqueline Hatch PC by Post: Applicant:Robert Kelsey w/Peak Civil Consultants,Inc. PC by Post: Engineer:Peak Civil Consultants.Inc. - ---—— Page 1 of 1 Weld County Planning Department GREELEY OFFICE 06 JUL 2 7 2005 ,\C ,ril MEMORANDUM RECEIVED I� ' TO: Jacqueline Hatch, Planning p.j ent DATE: 26-July-2005 `p�. FROM: Peter Schei, P.E., PubE i separtment COLORADO SUBJECT: PF-1045 Highland Farms D sign-off(Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant shall provide proof of an approved Colorado Department of Transportation (CDOT) access permit and coordination with CDOT requirements. The submitted State Highway Access Permit has not been signed by a CDOT agent. ❑ The Final Drainage Report for Highland Farms, revised July 2005, by Peak Civil Consultants, Inc. (Project Number 04.33)sealed by Robert F. Kelsey,P.E. (Colorado P.E. #31697) is acceptable to Public Works. ❑ Public Works finds the Highland Farms —Construction Plans, sealed July 06, 2005, by Robert F. Kelsey, P.E. (Colorado P.E. #31697) with Peak Civil Consultants, Inc. acceptable. ❑ The applicant has indicated that a pavement design will be submitted to Public Works, after overlot grading has been completed for the development. The pavement design will be submitted after final plan approval. ❑ The applicant has submitted an on-site Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance), which has been reviewed and accepted by Public Works. o This agreement must be approved by the Board of County Commissioners (BOCC) prior to recording the final plat. ❑ The applicant has submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated) to Public Works for Weld County Field Inspectors' use during construction of the subdivision. The department appreciates this submittal. ❑ The applicant or their agents may be required to obtain permits from Weld County Public Works - Utility Agent, Ted Eyl, for each utility. Recommendation ❑ The applicant must submit an approved CDOT access permit. Comments are prerequisites and shall be fulfilled prior to recording the final plat as noted,except for the pavement design. ❑ The Public Works will sign-off on this development case once the CDOT access permit is presented to our office. Any issues shall be resolved with Public Works prior to recording of the final plat: •PC:PF-1045 Highland Farms PUD(Final Plat) Email&Original:Planner Hatch PC by Post: Applicant:Robert Kelsey w/Peak Civil Consultants,Inc. PC by Post: Engineer:Peak Civil Consultants,Inc. __________ Page 1 of 1 _. Weld County Planning Department GREELEY OFFICE st MAY 102005 , MEMORANDUM RECEIVED TO: Jacqueline Hatch, Planning e ent DATE: 10-May-2005 W� FROM: Peter Schei, P.E., Publi Department • Ci COLORADO SUBJECT: PF-1045 Highland Farms PUD(Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ The applicant shall provide proof of an approved Colorado Department of Transportation (CDOT) access permit and coordination with CDOT requirements. The submitted State Highway Access Permit has not been signed by a CDOT agent. ❑ The Final Drainage Report for Highland Farms, dated December 2004, by Peak Civil Consultants, Inc. (Project Number 04.33) satisfies technical requirements for Public Works,but must be sealed by the engineer of record. o The final drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted to Public Works. The department will keep the sealed report & drawings in the case file for use during the construction phase. o Final drainage construction and erosion control plans(conforming to the drainage report)stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted to Public Works. ❑ Public Works finds the Highland Farms—Construction Plans, dated March 28, 2005, by Peak Civil Consultants, Inc. generally acceptable. o The typical roadway cross-section shall include the term"Paved" 12-foot Travel Lanes. o The final roadway, drainage, utility/construction plan drawings have not been sealed by the engineer. o The engineer shall submit to Public Works stamped, signed and dated final plat drawings, and roadway/ construction & grading plan drawings. The department will keep the sealed drawings in the case file for use during the construction phase. Sealed drawings eliminate any confusion with respect to construction and are required by Colorado statute. ❑ The applicant shall provide a pavement design prepared by a professional engineer. This is required especially to estimate the bid quantities required for Exhibit"A"of the improvements agreement. o Public Works does not recognize a full-depth pavement option for roadways. �. ., .,_..Fw......,.... ._n,.�. w Page 1 of u The applicant has submitted on-site `private' and `public' improvements agreements. The `private' improvements agreement is not applicable for this development, because the internal subdivision roadway is proposed to be publicly maintained by the County. The `public' improvements agreement will be utilized for this development. o Public Works has reviewed the submitted Exhibit "A" for a total estimated cost of$327,555 and finds it generally acceptable. The costs associated with Street Paving need to be verified with the pavement design prepared by a professional engineer. o Exhibit"B" must also be filled out. o The applicant shall resubmit to Public Works the on-site Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance), which has been filled out and signed by the applicant. o This agreement must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording the final plat. ❑ The applicant must submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated) to Public Works for Weld County Field Inspectors' use during construction of the subdivision. ❑ The applicant or their agents may be required to obtain permits from Weld County Public Works Utility Agent, Ted Eyl, for each utility. Recommendation u The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat: •PC:PFI 045 I lighland Farms POD(Final Plat) Email&Original:Planner Hatch PC by Post: Applicant:Robert Kelsey w/Peak Civil Consultants,Inc. PC by Post: Engineer:Peak Civil Consultants,Inc. Page 2 of 2 Weld County Planning Department GREELEY OFFICE APR 2 7 2005 Memoranc vED TO: Jacqueline Hatch, W.C. Planning IllikDATE: April 22, 2005 FROM: Pam Smith, W.C. Department of Publi l COLORADO Health and Environment J, CASE NO.: PF-1045 NAME: Highland Acquisition roup The Weld County Health Department has reviewed this Final Plat application. The Department did not find any language in the covenants regarding the protection of the septic field envelopes. There are also no plat notes or primary and secondary septic envelopes placed on the Final Plat documents submitted with this application. These have been removed since the Change of Zone review by this Department. The Department requests that these be placed on the Final Plat exactly as approved in the Change of Zone review. The Change of Zone application was approved with the following conditions: 1. Water service shall be obtained from Left Hand Water District 2. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Primary and secondary septic envelopes shall be placed on each lot. Each envelope must meet all setback requirements. 4. Language for the preservation and/or protection of the absorption field envelopes shall be placed in the development covenants. The covenants shall state that activities such as permanent landscaping,structures, dirt mounds or other items are expressly prohibited in the absorption field site. 5. The existing septic system (G19939128)must be properly abandoned in accordance with Section 30-4-20 (D) as a part of this development. 6. If required, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 7. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 8. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and 1 practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 9. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration,the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 10. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\Planning\Final Plat\pf-1045.RTF 2 05/11/2005 09: 43 3039262706 TOWN OF ERIE PAGE 01 resa Weld County Referral WIlD April 5, 2005 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1)agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. �See attached letter. /2 / Comments: a,#*lam (art,'a.:/e.[ 71DT. Nair /5 / 041 ) Pad—SignaturePE-r6- wp-rr---PLNF-9 Date M0�J 24 p5 Agency J>≤ GOM Det. +Weld County Planning Dept +918 10t Street, Greeley, CO.80631 +(970)353-8100 ext.3540 4(970)304-6498 fax 05/11/2005 09:43 3039262706 TOWN OF ERIE PAGE 02 •y,:4 * Department of Community Development Planning and Building Jacqueline Hatch,Planner " Weld County Planning Department E I 1555 17th Ave. TOWN OF i- 7, Greeley, CO 80631 RE: Highland Farms PUD and Final Plat Referral May 5th, 2005 Dear Jacqueline: Erie Staff has reviewed the referral listed above. The Town of Erie does not object to the proposed subdivision; however the Town respectfully requests that Weld County respond to the following comments. The land in question is within the Erie Planning Area and is designated as Rural Preservation on the Erie Development Plan Map. COMPREHENSIVE PLAN UPDATE The Town of Erie recommends that all applicants for development approvals within the Town of Erie planning area boundary familiarize themselves with the Town of Erie Comprehensive Plan update process. Information regarding the update to the Comprehensive Plan and Land Use Regulations (Unified Development Code) are available on the Town of Erie website at www.ci.erie.co.us. Preferred land use designations along Highway 52 have not been finalized. DENSITY The current Erie Comprehensive Plan supports a very-low residential density of 1 dwelling unit per 5 acres in Weld County. The density proposed for the development is 0.16 dwelling units/acre —0.8 dwelling units / 5 acres. Therefore the density proposed for the application is in conformance with the current Erie Comprehensive Plan. WELD COUNTY ROAD 3 %s Plat and PUD should indicate ROW centerline location and width for WCR 3 '4 adjacent to the entrance to the subdivision, to assure that the road entrances align. STATE HIGHWAY 52 RIGHT-OF-WAY The Town of Erie requests clarification of the "40 ROW reservation" indicated on the plat. Highway 52 adjacent to the proposed development is annexed to the Town of Erie. The Town of Erie respectfiiIly requests that Weld County consider requiring the dedication of additional Right-of-Way along Highway 52 to the Town of Erie as a condition of approval. 1 645 Holbrook•P.O.Box 750•Eric,Colorado 80516•Phone(303)926.2770-•Fax(303)926.2706 C'\Documents and Settings\pwniter\Local Settings\Temporary Internet Files\OLK3\HighlandsFarmPUDandPlat May2005.doc 05/11/2005 09:43 3039262706 TOWN OF ERIE PAGE 03 The Town of Erie may require additional ROW or easements for installation of water, sewer and utility lines to serve the Erie Corporate Center Planned Development at the time of development of that property. CDOT specifications may require that corners be rounded off at intersections with State Highways. Rounded-off corners should be in Tract C and Tract D. Please forward any copies of CDOT Access Permit to Public Works Department for review. The Town of Erie respectfully requests to be included in any access negotiations with CDOT adjacent to ROW over which the Town of Erie may have jurisdiction. HYDRANTS Water line on Highland Court appears to dead end. MVFPD may require looping to hydrants. DRAINAGE The subdivision appears to drain into Lower Boulder Ditch. Erie assumes that the Lower Boulder Ditch Company policy allows this. Please contact the Community Development Department at(303) 926-2770 or contact me by email at pwalter(ci.erie.co.us if you have questions. Since ely, Pete Walter, AICP, Planner Erie Community Development Department 645 Holbrook•P.O.Box 750•Erie,Colorado 80516•Phone(303)926-2770-•Fax(303)926-2706 STATE OF COLORADO O Bill Owens,Governor �� DEPARTMENT OF NATURAL RESOURCES b to DIVISION OF WILDLIFE �L~3 AN EQUAL OPPORTUNITY EMPLOYER ter-*OF '� Bruce McCloskey,Director 6060 Broadway For Wildlife- Denver,Colorado 80216 For People Telephone.(303)297-1192 Ms. Jacqueline Hatch May 5, 2005 Weld County Planning Department 918 10th St. Greeley,CO 80631 RE: Case# PF1045,Highland Farms Subdivision Dear Ms. Hatch, Thank you for the opportunity to comment on the Highland Farms Planned Unit Development Final Plan. This project is located on the south side of Highway 52, immediately south of Weld County Road 3 'A in Weld County, Colorado. The project area includes 57.97 acres. This property currently consists of open prairie land, surrounded by existing development and agricultural land. The Highland Farms Planned Unit Development Final Plan includes plans for nine residential lots,two non- residential out lots, and one agricultural out lot. Average lot size is 2.10 acres. There will also be 11.04 acres of open space included in the subdivision. Wildlife This land is currently used by a variety of urban wildlife, including but not limited to red foxes(Vulpes vulpes), raccoons(Procyon lotor), striped skunks(Mephitis mephitis), coyotes(Canis latrans), mule deer(Odocoileus hemionus),white-tailed deer(Odocoileus virginianus),and great horned owls(Bubo virginianus). Conflicts Residents moving into the Highland Farms Subdivision should be aware that wildlife will exist in and around their community. Sometimes conflicts can occur when people and pets share the same living space as wildlife. For example, foxes and coyotes may prey on loose pets,deer may eat ornamental shrubs and flowers, raccoons may get into trash containers and open garages, and skunks may burrow under decks. While uncontrolled pets are at risk from animals such as coyotes,foxes and raccoons, pets can also have large negative impacts on wildlife. Cats kill many birds and rodents,while dogs often chase and harass wildlife such as deer. We recommend that for the safety of both pets and wildlife, pets should be controlled at all times in Highland Farms Subdivision. Minimizing Conflicts Residents should be provided with information about how to avoid and minimize wildlife conflicts in this area, and should take responsibility for peacefully co-existing with local wildlife. Information, brochures, and tips for DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Ken Tones, Secretary Members,Robert Bray•Rick Enstrom•Philip James•Claire O'Neal•Richard Ray•Robert Shoemaker Ex Officio Members,Russell George and Don Ament co-existing with wildlife can be provided by the Colorado Division of Wildlife, and are available on our website at www.wildlife.state.co.us. Hunting Residents should also be aware that hunting has historically occurred where permitted by law in Weld County. There may be activities such as small game, upland bird,waterfowl,and deer hunting that occur in areas adjacent to Highland Farms. Landscaping and Fencing Landscaping and plantings in the Subdivision and open space should utilize native vegetation to provide habitat for urban wildlife. If trails on open space are desired,they should be designed to keep people away from sensitive wildlife habitats(wetlands,riparian areas,etc.). Fencing should be wildlife-friendly to prevent deer and other wildlife from getting caught. One example would be a wooden post and rail fence with generous spacing between rails. These fences are more visible to wildlife than many wire fences, and as long as the top rail does not exceed 40 inches in height and the bottom rail is at least 22 inches from the ground,most wildlife can navigate over or through them. If the fence must be wire,the top and bottom wires should be barbless and flagged, and all wires should be kept taught. Deer crossing areas may also be incorporated into fences that exceed 40 inches in height or otherwise do not allow for easy wildlife movement. Prairie Dog,Burrowing Owl,and Black-Footed Ferret Concerns Black-tailed prairie dogs have the potential to utilize this area We recommend that if prairie dogs are found to be on a site that requires development,they either be moved to another location alive, or be humanely euthanized before any earth moving occurs. If poisoning/gassing in the burrows is the method chosen to euthanize prairie dogs,the U.S. Fish and Wildlife Service should be contacted at(303)275-2370 to see if black-footed ferret surveys are needed fig this specific location. Burrowing owl surveys are recommended if destruction or poisoning of prairie dog burrows will occur between March 1 and October 31 of any year. Trees and Weeds Mature trees and their roots should left intact if at all possible. If mature trees must be cut down, we recommend replacing them in a 1:1 ratio. Trees should be scanned for active nests if destruction will occur between the months of March and August. If an active nest is present,destruction of the tree should be delayed until the nest is no longer active. To prevent the spread of weeds during construction,we recommend that all construction equipment be thoroughly cleaned prior to each use at Highland Farms, and again before the equipment leaves the development site. A weed management program should be created and implemented at Highland Farms for the ongoing control of noxious and invasive weeds. For comments or questions, please contact the District Wildlife Manager Claire Solohub at(303)291-7142. Sincerely, Scott Hoover Northeast Regional Manager, Colorado Division of Wildlife 4(ivi Weld County Referral Weld County Planning Department April 5, 2005 GREELEY OFFICE WI I DC MAY 12 2005 Dr'• COLORADO RECEIVED V'F 7P) The Weld County Department of Planning Services has received the following item for review: Applicant Highland Acquisition Group Case Number PF-1045 Please Reply By May 3, 2005 Planner Jacqueline Hatch Project Highland Farms Planned Unit Development Final Plan for 9 residential lots and two (2) non-residential outlots and one (1) agricultural outlot Legal Lot B of RE-3105, N2NW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Hwy 52 and approximately 1/4 mile east of CR 3. Parcel Number 1467 05 000030 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. Weld County Planning Commission Hearing (if applicable) ❑ 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 letterII 1 Comments:d(Z.-a bOLLAA,ptt r ‘,*rr eim CiCT. 3 L.6 ((1G r11-a...-,5 /1. ra,t .f2, ,x mr..n1-rnt &. Q, > c.Jr..1 r. rvl toot.4. .S Cal 9U: n.S h. .ti &co Alt t4bi turn t Signature eussti., ' , n �u 1Date S/y4s Agency j3ozdc�y Occlt.9 Cntztur x Di. cJ *Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax St. Va.11ey WeikkgitlyPPOWAtg Department GREELEY OFFICE April 28, 2005 MAY 0 2 2005 Jacqueline Hatch Weld County Planning Department RECEIVED 918 10`h Street Greeley, CO 80631 RE: Highland Farms Planned Unit Development Final Plan {Situate in the N 1/2of the NW% of Section 5, TIN, R68W) Dear Jacqueline: Thank you for referring Highland Farms Planned Unit Development Final Plan to the School District. The District has reviewed the development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash-in-lieu fees and (3) transportation considerations. After reviewing the above proposal, the School District has no objections to its approval and finds that there is adequate available school capacity for this area. The reasons for this position are as follows: • None of the schools in this feeder exceed the 125%capacity benchmark. Under current analysis, there appears to be sufficient capacity to support this development over the next 5-year period. • Capacity calculations in this referral include Erie High School which will relieve Erie Middle/Senior High School in the Fall of 2005 and a new elementary which will relieve Erie Elementary within the next 5 year. Although both of these facilities were included in the 2002 bond, the elementary facility has not yet been scheduled for construction, which may result in short-term crowding at Erie Elementary. Should this development be approved, the options for managing the short term overcrowding while the new schools are under construction may include adding modular classrooms and implementing split or staggered schedules as needed. Other options may include but not be limited to implementing year-round schools or asking voters to approve new bonds for additional school facilities or a mill levy for additional operating funds. It should be noted that a lack of operating funds may be a factor in delaying construction and occupancy of new school facilities in this area. Detailed information on the specific capacity issues, the cash-in-lieu/land dedication requirements and transportation impacts for this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. These attendance boundaries may change in the future as the new facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please feel free to contact me via e-mail at searue glen@stvrain.k12.co.us or at the number below. Sincerely, Glen Segrue, AICP Planning Specialist Enc: Exhibit A - Specific Project Analysis Cash-in-lieu Chart ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501. SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229. FAX 303-682-7344. ATTACHMENT A-Specific Protect Analysis PROJECT: Highland Farms Planned Unit Development Final Plan (1) SCHOOL CAPACITY The Board of Education has established a District-wide policy of reviewing new development projects in terms of the impact on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This determination includes both existing facilities and planned facilities from a voter-approved bond. The building capacity, including existing and new facilities, along with the impact of this proposal and all other approved development projects for this feeder is noted in the chart below. CAPACITY INFORMATION CAPACITY BENCHMARK (Includes projected students,plus developments student Impact) School Building Stdts. Stdt. 2005-2006 2006-2007 2007-2008 2008-2009 2008-2009 Level Capacity Oct-04 Impact Stilts Cap. Stilts Cap. Stdts Cap. Stdts Cap. stdts cap. Elementary" 1077 626 3 655 61% 712 66% 767 71% 811 75% 852 79% Middle" 704 287 1 317 45% 329 47% 360 51% 391 56% 422 60% High' 750 327 2 390 52% 432 58% 485 65% 534 71% 581 77% Total 2531 1240 6 1362 1473 1612 1736 1855 'Capacity is tentative pending the opening of the high school facility in 2005. "Combines capacity of current Erie Elementary and future Elementary 23 until boundaries are established Specific comments concerning this proposal regarding School Capacity are as follows: • Specific Impact - This application will add 9 new single-family dwelling unit with the potential of 6 new student to the Erie Elementary, Erie Middle and Erie Senior High school feeder. • Benchmark Determination - The School District anticipates that the necessary capacity is available to serve this development proposal without triggering the 125% benchmark capacity within the next 5 years. • Additional Capacity Impacts — Erie High School is scheduled to open in the Fall of the 2005 -and will relieve Erie Middle/Senior High. A new elementary school has also been approved in the 2002 Bond and is expected to be open within the next 5 years. However, the exact date of completion for this latter facility remains to be determined and will depend on the rate of residential growth in this feeder and the availability of operating funds. (2) LAND DEDICATIONS AND CASH IN-LIEU FEES The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School Sites by the Weld County requires that the applicant either dedicate land directly to the School District along with provision of the adjacent infrastructure and/or pay cash-in-lieu (CIL) fees based on the student yield of the development. CIL fees only provide funds for land acquisition, which is only a small component of providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for this referral are as follows: • Dedication and/or Cash-in-lieu Requirements-The District does not anticipate the need for another school site in this area. Since no land dedication is required; CIL fees will be assessed per the attached chart. • Number of Units covered by dedication/cash-in-lieu—All residential units will be subject to CIL fees. • Dedication/Cash-in-lieu Procedures - Cash-in-lieu payments are to be made to the St. Vrain Valley School District Business Office—395 S. Pratt Parkway, Longmont, CO. 3) TRANSPORTATION/ACCESS Transportation considerations for a project deal with busing and pedestrian access to and from the subdivision. Pedestrian access, in particular, is an important goal of the School District in order to facilitate community connection to schools and to minimize transportation costs. Specific comments for this application are as follows: • Provision of Transportation - Busing, under current boundaries, would likely be provided. The 'T' intersection and busing turn-around shown on the plans with a turning radius of 50' has been approved by the District Transportation Department. • Pedestrian and Access Issues—Due to this project's rural location, pedestrian access to existing or future school sites is not an issue. ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT,CO 80501. SCOTT TOILLION,DIRECTOR.PHONE 303-682-7229.FAX 303-682-7344. School Planning Highland Farms Standards And Final Plat Calculation of Weld County Land Dedication Requirements Single Family School Planning Standards Number Projected Student Site Size Acres of Developed Of Student Facility Standard_ Land Land Cash-in-lieu Units Yield Standard Acres Contribution Value Contribution Elementary 9 0.35 525 10 0.06 $35,000 3.15 Number of Students = No. of Units *Student Yield Equation: (Number of Students/Elem. Student Facility Size) *Elem. Site Size Standard= Acres of Land Contribution Middle Level 9 0.14 750 25 0.04 $35,000 1.26 Number of Students= No. of Units *Student Yield Equation: (Number of Students/Middle Student Facility Size) *Middle Site Size Standard= Acres of Land Contribution High School 9 0.17 1200 50 0.06 $35,000 1.53 Number of Students = No. of Units *Student Yield Equadon: (Number of Students/High School Student Facility Size) *High School Site Size Standard= Acres of Land Contribution Total 9 5.94 0.17 $35,000 $5,801 Equation: Elem.Acreage+Middle Acreage+High School Acreage=Total Acres of Land Contribution Single Family Student Yield is .66 $645 Per Unit 2/25/03 Planning Department Hello