HomeMy WebLinkAbout800884.tiff RESOLUTION
RE: APPROVAL OF REPLAT OF TRACT A, DOS RIOS ESTATES.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on the 25th day of June, 1980 , a public meeting
was held before the Board of County Commissioners of Weld County,
Colorado upon the application of Dos Rios , Inc. for a replat of
Tract A, Dos Rios Estates, a subdivision of Weld County, Colo-
rado, being more particularly described as follows :
Tract A of Dos Rios Estates, a subdivision
located in Section 34, Township 5 North,
Range 66 West of the Sixth Principal
Meridian.
The above described parcel contains 28 . 54
acres , more or less.
WHEREAS, the Board of County Commissioners heard the testi-
mony and statements of those present, and
WHEREAS, the Board of County Commissioners has studied the
request and recommendations of the Weld County Planning Commis-
sion, and having been fully informed, is satisfied that the
proposed replat of Tract A, Dos Rios Estates, conforms in
all respects with the requirements of the Weld County Subdi-
vision Regulations and finds that said replat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the replat of Tract A,
Dos Rios Estates, be, and hereby is, approved with the recom-
mendations and conditions as recommended by the Weld County
Planning Commission on May 6 , 1980 .
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the reasons for approval contained
800884
r.,
in the Weld County Planning Commission recommendations dated
May 16, 1980 be, and hereby are, adopted as the findings of
fact of the Board of County Commissioners in this matter.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
June, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(.j, /c L ZT/ (Aye)
C. W. Kirby, CAairman
(ABSENT)
eonard L. Roe, Pro-Tem
al.e�......_(Aye)
Norman Carlson
_ ABSENT DATE PRESENTED (Aye)
Lydia Dunbar
(ABSENT)
June K. Steinmark
ATTEST: n„L %1
Weld County C erk and Recorder
and Clerk to the Bo
_ Lt rk
`" eputy County lerk
A(dr(/
ii: -..ar-c-a--)
RO AS TO FORM:
c 'g _isc.„. OC---- __. K
County Attorney
DATE PRESENTED: JUNE 30 , 1980
BEFOR (HE WELD COUNTY, COLORADO PLANN d COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date May 6, 1980 Case No. S# 184:80:5
APPLICATION OF Dos Rios, Inc.
ADDRESS c/o D. G. Allely, 2520 16th St. , Greeley, CO 80631
Moved by Bette Kountz that the following resolution be introduced for
passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the Subdivisiop
Plat Replat of Tract A located on the following,ndasciltb d pro-
perty in Weld County, Colorado, to-wit: _
Tract A Dos Rios Estates, Pt. Sec. 34, T5N, R66W ` : �VN 2 1980
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be recommended (favorably) i4unieaaneotxbgx)' to the Board of County Commissioners
for the following reasons:
1. It is the opinion of the Planning Commission that this request is in compliance
with Section 6-4A.(1) of the Weld County Subdivision Regulations.
This determination is based on the following:
A. The parcels being replatted are in compliance with all applicable regulations .
B. Drainage easements or right-of-ways reserved for drainage have not been changed.
C. Street locations and street right-of-ways have not been changed.
D. The plat has not been altered in any way which would adversely affect the
character of the original subdivision plat.
2 . On April 24, 1980, the Weld County Utilities Coordinating Advisory Board recommended
approval of the utility easements for this replat.
3. The City of Evans Planning Commission and Town of LaSalle Planning Commission have
no objections to this request for a replat.
4. The City of Greeley Planning Commission has no objections to this request which
is located in the City of Greeley's Comprehensive Plan area provided Weld County
invesotigate andinsures the existance of an entity responsible for maintenance
by Bob Fhrlirh
Vote: For Passage Bette Kountz Against Passage
Bob Ehrlich
Fred Otis _
Bob Halleran
Don Billings
The Chairman declared the motion passed and ordered that a certified copy of this
Resolution be forwarded with the file of this case to the Board of County Commis-
sioners for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of the Weld County Planning Com-
mission, do hereby certify that the above and foregoing Resolution is a true copy
of the Resolution of the Planning Commission of Weld County, Colorado, adopted on
Mail 6, 1980 and recorded in Book No. VII of the proceedings of
the said Planning Commission.
Dated the an day of pay 19�p
Secretary ��
Planning Commission Reco,:,,endation
Dos Rios, Inc.
S-184:80:5
Page 2
of Tracts A and B .
5. School District 6, the West Greeley Soil Conservation District, the Milliken
Fire District, the Weld County Health Department and Weld County Engineering
Department have no objections to this request.
The Planning Commission's recommendation for approval is conditional upon the
following:
1 . The plat being amended to include the following notes :
a . "Tracts A and B shall be reserved in accordance with the maintenance
agreement and shall not be considered residential building sites ."
b. A soils investigation and, if required, an individual foundation design
shall be submitted to the Building Inspection Division for approval
to issuance of a permit for any residence.
2 . The applicant submitting the following documents to the Department of Planning
Services prior to scheduling a hearing before the Board of County Commissioners .
a. A document describing the maintenance of Tracts A and B in accordance
with Section 5-1B.(21) of the Weld County Subdivision Regulations . This
agreement shall describe the location, function, ownership and manner of
maintenance of common open space reserved for the use and benefit of the
owners and future owners of the proposed subdivision.
b. A drainage study and plan for the site identifying on site drainage courses
and ponds and any effects they would have on other drainage courses or
other properties should flooding occur as requested by the Colorado Water
Conservation Board in a letter dated April 2, 1980. This document shall
be reviewed by the Weld County Engineering Department prior to scheduling
before the Weld County Board of County Commissioners .
Ibs Rios, Inc.
CCUME"IS:
To date our office has not received any letter of objection to
this request from surrounding property owners.
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DECLARATION OF PROTECTIVE COVENANTS
OF
REPLAT OF TRACT "A," DOS RIOS ESTATES
COUNTY OF WELD, STATE OF COLORADO
The undersigned, being the owners of: Replat of Tract "A," Dos
Rios Estates, County of Weld, State of Colorado, a part of Section Thirty-
four (34) , Township Five (5) North, Range Sixty-six (66) West of the
Sixth Principal Meridian; do hereby make this Declaration of Protective
Covenants with reference to the use of land and construction of improve-
ments on said Lots. These Covenants shall be Covenants running with the
land as hereinabove described.
PART A. RESIDENTIAL AREA COVENANTS
A-l . LAND USE AND BUILDING TYPE. Lots One through Eight (1 - 8) within
the subdivision shall be used for single-family residential purposes.
No building shall be erected, altered, placed, or permitted to remain on
any lot other than one detached single-family dwelling unit and a private
attached garage. Appurtenant outbuildings for the housing of animals
permitted to be kept on the premises and structures related to non-
commercial hobby activities shall be allowed. Tracts "A" and "B" shall
be used for non-residential purposes as outlined in Part B. of these
Covenants.
A-2. BUILDING QUALITY AND SIZE. All residential structures shall have
a minimum of twelve hundred (1200) square feet on the main floor,
excluding basement, garage, porches , or patios .
A-3. ARCHITECTURAL CONTROL. No building shall be erected, placed, or
altered on any lot that does not conform to quality of workmanship and
:terials , harmony of external design with existing structures in the
. avert subdivision , Dos Rios Estates .
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A-4. TIME FOR CO' STRUCTION. The construction of a residence, together
with other permissible buildines set forth in these protective Cove-
nants, shall be fully completed within twelve (12) months after the.
date of commencement of the construction.
A-5. TEMPORARY STRUCTURES. No structures of a temporary character,
trailer, basement, tent , shack, garage, barn, mobile home, or other
out-buildings shall be used on any lot at any time as a residence,
either temporarily or permanently. Contractors in the process of con-
structing a residence shall be allowed to place temporary structures
upon the lot for a period not to exceed twelve (12) months from the
beginning of construction.
A-6. VEHICLES , TRAILERS, ET CETERA. All boats, campers, trailers,
motor homes, semi-trailer trucks or truck tractors, or buses cannot
be parked upon the street or within the driveway or front yard of any
subdivision lot. Such vehicles may be stored upon other parts of a lot
if they are enclosed within the garage or are partially hidden from view
from the street by an enclosure or fence; provided that such vehicles
may be temporarily parked upon the street within said subdivision for
a period of time not exceeding twenty-four (24) hours . This prohibition
shall also include inoperable motor vehicles which are not licensed by
the State of Colorado Department of Motor Vehicles with appropriate
valid inspection stickers thereon.
A-7. REPAIR OF VEHICLES. No repairs to any vehicles shall be allowed
except for emergency repairs and repairs which are completed within
twenty-four (24) hours unless the same are being performed solely within
an enclosed garage.
A-S. HEATING FUEL TANKS. Any propane fuel tanks used on a temporary
basis for heating purposes must be screened from view with a fence. In
no event shall any propane fuel tank be allowed for a period exceedina
one (1 ) year from . the date of installation.
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A-9. SIGNS. No sign of 'any character shall be displayed upon a lot,
except that the owner may display on the premises a "For Sale" or "For
?.ent" or "Sold" sign referring only to the premises on which displayed ,
provided that the size of such sign does not exceed twenty-four (24)
inches by twenty-four (24) inches. This restriction shall not prevent
• the Declarant from display of tasteful "For Sale" or real estate signs
associated with the sale of lots contained within this subdivision
• during the ordinary course of real estate sales of such property.
A-10. NUISANCES . No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
A-11 . GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage or .other waste shall
not be kept upon a lot except in sanitary containers. All incinerators
or other equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition.
A-12. WEED CONTROL. No weeds , underbrush or other unsightly growth
shall be permitted to remain upon the premises hereby conveyed and no
refuse pile or unsightly objects shall be allowed to be placed or
suffered to remain anywhere thereon. In the event that the owner,
within ten (10) days after receiving notice , from another owner or the
Declarant, shall fail or refuse to keep his lot free of weeds , under-
brush or refuse piles or other unsightly growths or objects , then the
Declarant or other lot owner may obtain through legal means specific
enforcement of these provisions as hereinafter provided.
A-'.3. LIVESTOCK AND PETS. The owners of lots within the subdivision
may use ary portion of their lot as a pasture with barn or stable for
r- .r.9 •; and such other anirals s or pets, i ncl di'ic seep or cattle
a_ • a 5by acti vi t• or be considered : is cr children's '
projects. Dogs, cats or other household pets may be kept. No animal ,
livestock or poultry of any kind shall be raised, bred , kept or main-
alined on any lot for commercial purposes . Dogs and cats shall be kept
within the limits of the individual lots and shall not . be allowed to
roam freely within the subdivision. Dogs and cats shall be controlled
in accordance with Weld County pet and animal control regulations .
A-14. EASEMENTS. Easements for installation and maintenance of utili-
ties and drainage facilities are reserved as shown on the recorded plat.
l:'ithin these easements , no structure , planting or other material shall
be placed or permitted to remain which will prohibit or restrict the use
of the easement for its intended purposes. Any such structure or '
planting or improvement placed within the easement shall be placed at
the risk of the lot owner with respect to re;noval of the same if requested
by the appropriate user of the utility easement. The easement area of
each lot and all improvements in it shall be maintained continuously by
the owner of the lot, except for those improvements for which a public
authority or utility company is responsible.
A-l5. USE OF RECREATIONAL VEHICLES. Recreational vehicles , such as ,
four wheel drive vehicles, motorcycles , etc. , shall be used in a legal
and orderly manner, and shall not be used in any manner which would be
considered a nuisance activity. The use of recreational vehicles shall
not be allowed on Tracts "A" and "B. " All roadways within and adjacent
to the subdivision are public rights-of-way and as such are subject to
the Colorado Motor Vehicle statutes.
PART B. SUBDIVISION MAINTENANCE
Tracts "A" and "B" shall be used for non-residential purposes.
Tract "A" presently has an irrigation water detention pond situated
tract. The disretained the site. Tract "B" is
on this n._ on to be on
be used t the future cn tr^ t o. d iticnal irri-
_ �_- .=.ed to _� d for �h.. ..., s �_ _ �,,r� of ;:r; �:
;later detention pond and recreational ar::_nities.
- L -
E-2. Tracts "A" and "B" shall be owned and maintained by Dos Rios ,
Inc . , the developer of the subdivision. In the event that Dos Rios,
Inc. should cease to exist , the homeowners Association shall auto-
matically' become the owner of Tract "B. " Ownership and maintenance of
Tract "A" shall pass to the heir, successor or assign of Dos Rios , Inc.
Each lot, Lots one through eight (1 - 8) inclusive, of the Replat of
Tract "A, " Dos Rios Estates shall have a one-eighth (1 /8) undivided
interest in Tract "B" at such time as the homeowners Association
becomes owner and assumes maintenance responsibility of Tract "B. "
B-3. The owners of properties located within the Replat of Tract "A, "
Dos Rios Estates shall meet annually on the first Tuesday in September
each year. The owners shall have the right to act as either an unin-
corporated Association or as an incorporated. Association and shall elect
annually at their meeting a President, Vice-President, and Secretary-
Treasurer who shall serve for one year without compensation. It shall
be deemed a quorum for any such meeting in the event three (3) or more
lot owners representing separate entities or persons shall be in atten-
dance at any annual meeting. In the event of a Special Meeting a quorum
of fifty percent (50%) of the owners shall be required. Each owner of a -
lot shall be entitled to one vote for each lot or living unit in which
he holds the record interest. Action shall be taken by a majority vote.
PART C. GENERAL PROVISIONS
C-1 . TERM. These covenants are to run with the land and shall be
binding on all owners of lots and all parties and all persons claiming
under them for a period of twenty (20) years from the date these Cove-
nants are recorded, after which time said Covenants shall be automatically
extended for 'successive periods of ten (10) years . These Covenants may
be ar'.snded at any time by an instrument in writing signed by a majority
the then owners of the lots , including the Declarant if it owns lots
at _Jcn ., e , aid it n!: duly recorded and providin0 for the
,fie in said Covenants , in ';.hole or in part.
5 -
C-2. ENFORCEMENT. Enforcement shall -be by proceeding at law or in
------------
against any person or persons violating or attempting to violate
Covenant either to restrain violation or to recover damages as the
Court may deem appropriate.
C-3. ATTORNEYS FEES. In the event a person or persons retain an
attorney in order to enforce these Covenants, then in that event, in tie
event enforcement is accomplished whether by a Court proceeding or
otherwise, said person or persons shall be entitled to recover from the
other adverse person or persons an amount sufficient to cover their
reasonable attorney' s fees with respect to said enforcement.
C-4. SEVERABILITY. • Invalidation of any one of these Covenants by
judgment or Court Order shall in no wise effect any of the other pro-
visions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have affixed their sicnatures.
DECLARANTS:
Dos Rios , Inc.
By: D.C. Allely as Secretary
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day
of , 1930, by D.G. Allel.y as Secretary of Dos Rios ,
Inc. , a corporation , owners of Replat of Tract "A," Dos Rios Estates.
WITNESS my hand and official seal .
!.! commission expires:
-- —. �— -- Notary . .:51 is
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RECORDING DATA - MAPS & PYelim'S
NAME OF SUBDIVISION Dos Rinc F
S.f,S- Roplat of Trart npn
NAME OF SUBDIVIDER Dos Rios Inco porated
Replat of Tract "A" Dos Rios Estates - A Subdivision located in
Section ,To nship 5 North, Range 66 West of the_6 P.M. ,
LOCATION OF SUBDIVISION _
DATE OF RECORDING, JUL 10 1980 BOOK N 1829"y'74
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY:tyv trt A... , c,
a
DEPUTY COUNTY CLE K & RECORDER
800884
Large Map Located in Original File
Replat of Tract "A"
Dos Rios Estates
Not Scanned
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