The URL can be used to link to this page

Browse Search

Home My WebLink About20042503.tiff 4t PUD FINAL PLAT ♦ ti ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-552 PLANNER: Kim Ogle APPLICANT: William & Delores Roberts ADDRESS: do Todd Hodges Todd Hodges Design LLC; 1269 North Cleveland Avenue; Loveland CO 80537 REQUEST: A Planned Unit Development for ten (10) residential lots with Estate zone uses - (Bracewell PUD) LEGAL: Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the 6th DESCRIPTION: P.M., Weld County, Colorado. LOCATION: South of and adjacent to County Road 64.5; west of and adjacent to County Road 27 ACRES: 74.8 +/- PARCEL#: 0805 30 000074 & 0805 30 000075 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are met. 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 11, Chapter 27 of the Weld County Code. An approved on site improvements agreement will be required prior to recording the plat. All other Performance PF-552,Bracewell PUD,page 1 2004-2503 Standards have been addressed prior to the Final Plan. The applicant has met the twenty performance standards as delineated in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation, etcetera. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. 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 does not lie within an Urban Growth Area, nor is the applicant proposing an Urban Scale Development. 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. This proposal is located within the referral boundary of the City of Greeley and the Town of Windsor which both returned a favorable referral with comments that are addressed in the Conditions of Approval. 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. Bracewell PUD will be serviced by North Weld County Water District for their potable water supply. A non-potable water supply for the irrigation of the open space and individual lots is in process through Division 1 Water Court, Case number 2002CW331 which would change the existing eight (8) shares of the Whitney Ditch to provide augmentation, recharge and storage to the created Lake Shiloh. Individual Sewage Disposal Systems(I.S.D.S.),septic systems will handle the effluent flow. 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 an Improvements Agreement According Policy Regarding Collateral for Improvements (Public Road Maintenance). 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 facilties 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 Weld County Public Works Department has made provision for appropriate means of access to the lots contained within this PUD. 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 property is not within the designated floodplain as delineated on FIRM Community Panel Map 080266 0608 D dated September 27, 1991. The commercial mineral deposit is presently being mined and reclaimed via 2n° and 3`d PF-552,Bracewell PUD,page 2 Amended Use by Special Review number 1125 for the Hall-Irwin Company. Mining is to be completed in Autumn 2005. The Colorado Division of Wildlife has assisted the development in the creation of a habitat area between the River and the southern edge of the proposed Lake. The reclaimed land will consist of open space with drought tolerant grasses,shrubs and trees with a high wildlife value. The utilization of the Junipers, Locust and Cherry plant species will provide good wildlife habitat, and will withstand the arid site conditions. Further, the Division requested that human activity, including a trail network be located away from the south side of the pond to encourage wildlife nesting and habitat. The Town of Windsor Planning Commission stated that based on the recommendations from the Colorado Division of Wildlife,they do not wish to require a trail connection that may conflict with potential wildlife habitat. H. Section 27-7-40.C.8--If 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 (Public Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works, Planning Services.) The applicant has submitted on-site Improvements Agreement, which has been reviewed by Public Works. The Hall-Irwin Construction Division estimate, dated August 20'", 2002,was used to verify the on-site improvements listed on Exhibit"A" in the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance).The estimated construction costs appear to be adequate to complete the project,which totals $560,480. Public Works is not aware of any significant increase in construction costs, but the applicant at their own discretion may consider procuring an updated final estimate. The Public Works Department recommends acceptance of the transportation portion of "Exhibit A" for the Improvements Agreement According to Policy Regarding Collateral for Improvements. (Public Road Maintenance) The Department of Planning Services requests an itemized accounting of the Landscape Improvements for review and approval. (Department of Public Works, PF-552,Bracewell PUD,page 3 Planning Services) B. The Restrictive Covenants for Bracewell PUD shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder.The document shall be submitted to the Department of Planning Services accompanied with the appropriate recording fee (Six dollars for the first page and five dollars for each subsequent pages). (Department of Planning Services) C. The Final Drainage Report for the Bracewell PUD, dated April 2004, by Cathy A Leslie, P.E. with Tetra Tech RMC (Job No. 80-4205.002.00) is in its initial form acceptable. The final drainage report must be revised and resubmitted to Public Works with the following: A topographical map showing the 'big-picture' drainage of the surrounding area of the proposed development. (Department of Public Works) D. The Declaration of Covenants, Conditions and Restrictions for Bracewell PUD Homeowners Association discuss Shiloh Road maintenance, but do not discuss proposed Shiloh Lane as shown on the final plans. The applicant must address the homeowner's association responsibility for maintenance and snow removal of the internal subdivision roadway, Shiloh Lane. Weld County does not maintain unpaved subdivision roadways. (Department of Public Works) E. Public Works has reviewed the stamped, signed and dated (April 27, 2004) final roadway, drainage, utility/construction plan drawings, by Catherine A. Leslie, P.E., of Tetra Tech RMC. Certified drawings will remain in the department's file for use during construction. (Department of Public Works) F. 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. (Department of Public Works) G. The applicant shall submit an 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) H. The Plat shall be amended to include the following: 1. The Plat shall be prepared in accordance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 2. The Plat shall be identified as the Bracewell PUD as requested by the applicant and approved by the Board of County Commissioners,January 15, 2003. (Department of Planning Services) 3. The most recent version of Weld County's Right to Farm as listed in Section 22, Appendix 22-E of the Weld County Code. (Department of Planning Services) PF-552,Bracewell PUD,page 4 4. The location of the multiple box mail delivery unit. (Department of Planning Services, US Postal Service, Greeley Office) 5. The subdivision monument sign (as indicated by the design provided by Shawn Sign and Awning, Inc.)shall be located outside of the sight-distance- triangles. (Department of Public Works) The applicant shall address the concerns and recommendations of the Utility Board as stated at the July 8, 2004 hearing, specific to providing spot elevations of the High Water Line for Lots 1, 2, 5, 6, 7, 8, 9 and 10. (Department of Planning Services, Utility Board) 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 allows for Estate uses (10 Lots)which shall comply with the PUD-Estate Zone District requirements as set forth in Section 23-3-400 of the Weld County Code. The common open space shall be owned and maintained by the homeowners association, in accordance with Section 23-3-500 and 27-2-60 of the Weld County Code. (Department of Planning Services) B. An active gravel mining operation, including a concrete batch plant is located 1/4 mile directly south of this PUD. It is legally permitted through Use by Special Review Permit number1125 and associated amendments and is eligible to apply for expansion. There is a second gravel mining operation, including a concrete batch plant located 1/2 mile directly southeast of this PUD. It is legally permitted through Use by Special Review Permit#897 and associated amendments and is eligible to apply for expansion. There is also a 3000 head dairy 1/2 mile north of this PUD. It is legally permitted through Use by Special Review Permit number 1144 and associated amendments and is eligible to apply for expansion. Also, there is an airstrip located 1/2 mile north of this PUD. It is legally permitted through Use by Special Review Permit number 1212 and is eligible to apply for expansion. (Department of Planning Services) C. The site shall be developed in accordance with the recommendations contained in the geotechnical report. (Colorado Geological Survey) D. Water service shall be provided by the North Weld County Water District. (Department of Public Health and Environment) E. A Weld County septic permit is required for each proposed septic system, which shall be installed in according to the Weld County individual sewage disposal system regulations. Each septic system shall be designed for site-specific conditions, including, but not limited to: maximum seasonal high groundwater, poor soils, and shallow bedrock. (Department of Public Health and Environment) F. Primary and secondary septic system envelopes shall be designated on each lot. Each envelope must meet minimum current setbacks as specified in Chapter 30 of the Weld County Code. (Department of Public Health and Environment) G. Language for the preservation and/or protection of the second absorption field envelope shall be placed on all recorded plats and in the development covenants. PF-552, Bracewell PUD,page 5 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) H. 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) J. 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) K. 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) L. Weld County's Right to Farm, as indicated on this plat, shall be recognized at all times. (Department of Planning Services, Department of Public Health and Environment) M. The picnic shelter area shall provide, at a minimum permanent, vaulted restroom facilities. A vault facility similar to a rest area or a park service facility is recommended. Department of Public Health and Environment) N. All spigots utilizing non-potable water shall be posted at all times. Because this will be near the school bus stop, the language should be simple to read and easily understood. The language should read:"This water has not been treated and is not safe for drinking or cooking purposes." O. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) P. Any signs, including entrance signs, located on the property shall require building permits and shall adhere to Section 26-6-90 and Section 23-4-80 of the Weld County Code. (Department of Planning Services) Q. Outdoor storage shall be screened from public rights-of-way, and adjacent properties. (Department of Planning Services) R. The site shall maintain compliance with the Windsor-Severance Fire Protection District at all times. (Department of Planning Services) PF-552,Bracewell PUD,page 6 S. The internal roadway shall be paved. The cul-de-sac edge of pavement radius shall be fifty(50)feet. The minimum paved roadway section is two 12-foot lanes with two four-foot shoulders. The shoulders shall maintain the 2%cross slope. (Department of Public Works) T. A Home Owner's Association (HOA)shall be established prior to the sale of any lot. Membership in the HOA is mandatory for each parcel owner. The HOA is responsible for liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) U. The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works,Weld County Department of Public Health and Environment,and the Weld County Department of Planning Services. (Department of Planning Services) V. Building Permits shall be obtained prior to any construction. A separate permit will be required for each structure. (Department of Building Inspection) W. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two (2) complete sets of plans are required when applying for a permit. (Department of Building Inspection) X. 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 Residential Code;2003 International Building Code;2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Y. 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) Z. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) AA. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter23 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. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) PF-552,Bracewell PUD,page 7 AB. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. As necessary, all construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0608 D dated September 27, 1992, shall comply with the Flood Hazard Overlay District requirements of Section 23-5, Division 3 of the Weld County Code. (Department of Planning Services) AC. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) AD. No development activity shall commence on the property, nor shall any building permits be issued on the property until the Final Plan has been approved and recorded. (Department of Planning Services) AE. The property owner shall be responsible for complying with all regulations and requirements of Section 27 of the Weld County Code including the Performance Standards listed in Article II and Article VIII. (Department of Planning Services) AF. The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within two (2) years of the date of the approval of the PUD Zone District,the Board of County Commissioners shall require the landowner to appear and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD FinaiPlan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD Final Plan, the Board of County Commissioners may,at a public hearing revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. (Department of Planning Services) AG. 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. (Department of Planning Services) AH. 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. (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 PF-552,Bracewell PUD,page 8 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 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 the designated street signs and stop signs 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 Windsor-Severance Fire Protection District have been met. (Department of Planning Services, Building Inspections&Windsor-Severance Fire Protection District) C. 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) (Department of Planning Services) D. A geologic study, drainage study and soils report shall be supplied to Weld County Building Inspections with blueprints when applying for building permits. (Department of Building Inspection) E. The applicant shall provide evidence from the Colorado Division of Minerals and Geology of completion of all reclamation activities associated with the existing Use by Special Review permit number 1124 are competed and that the Colorado Division of Minerals and Geology has released the lands. (Department of Planning Services) F. The applicant shall request a Vacation of Use by Special Review permit number 1124 for all lands associated with this development from the Board of County Commissioners. (Department of Planning Services) G. The applicant or their agents may be required to obtain permits from Weld County's Public Works Right-Of-Way Agent, Ted Eyl, for each utility. (Department of Public Works) H. The applicant shall supply and post the required signs addressing the non-potable water source. All spigots utilizing non-potable water shall be posted at all times. The language for each sign shall state: "This water has not been treated and is not safe for drinking or cooking purposes." PF-552, Bracewell PUD, page 9 a DEPARTMENT OF PLANNING SERVICES rs PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO May 14, 2004 William & Delores Roberts do Todd Hodges Design LLC 1269 North Cleveland Avenue Loveland CO 80537 Subject: PF-552- Request for approval of a Final Plat for a 10-Lot Planned Unit Development with 51+ acres Common Open Space on a parcel of land described as Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, July 8, 2004, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley and Windsor Planning Commission for their review and comments. Please call Greeley at (970) 350-9780 and Windsor at (970) 686-7476, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Utilities Advisory Committee. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Kim Planner �. r. Page 1 of 3 Kim Ogle From: Lee Morrison Sent: Monday, April 19, 2004 2:51 PM To: kim@llolaw.com Cc: Sheri Lockman; Kim Ogle Subject: FW: Bracewell PUD Covenants I have reviewed the attached covenants and find no conflicts with the County's interests. This document should be delivered to the planning dept at time of filing the plat with the appropriate recording fee so that the recording of the plat may be followed immediately thereafter by recording of covenants. Lee Lee D. Morrison,Assistant Weld County Attorney 915 10th St.,PO Box 758,Greeley,CO 80632 (970)356-4000 x 4395: FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and delete your copy of this message." From: Kim Lawrence [mailto:kim@llolaw.com] Sent: Monday, April 19, 2004 2:26 PM To: Lee Morrison Subject: RE: Bracewell PUD Covenants Lee: Sorry about that. I guess I copied over an older version. Here is the final version I have given today's date that has all the changes included in it that we discussed. Let me know if it is now ok. Kim R. Lawrence, Esq. Lind, Lawrence & Ottenhoff, LLP 1011 11th Avenue Greeley, Colorado 80631 970-356-9160 970-356-1111 fax kim@llolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE- NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY 04/19/2004 Page 2 of 3 PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN E-MAIL MESSAGE TO US. THANK YOU From: Lee Morrison [mailto:Imorrison@co.weld.co.us] Sent: Monday, April 19, 2004 11:47 AM To: kim@llolaw.com Subject: FW: Bracewell PUD Covenants Importance: High Kim, It looks as if this is an earlier version since the redline changes you sent last week are not reflected here. Lee Lee D. Morrison,Assistant Weld County Attorney 915 10th St.,PO Box 758,Greeley,CO 80632 (970)356-4000 x 4395: FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and delete your copy of this message." From: Kim Lawrence [mailto:kim@llolaw.com] Sent: Friday, April 16, 2004 3:49 PM To: Lee Morrison Cc: annejohnson@qwest.net Subject: Bracewell PUD Covenants Lee: I was advised by Billy Roberts I needed to make one more change for final approval. I have added the requirement of the in house fire suppression systems to Art VII Sec 2. Todd Hodges needs the Covenants, approved by you, for submittal. Please let me know if they are ok with you ASAP. Kim R. Lawrence, Esq. Lind, Lawrence & Ottenhoff, LLP 1011 11th Avenue Greeley, Colorado 80631 970-356-9160 970-356-1111 fax kim@llolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY 04/19/2004 Page 3 of 3 ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE- NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN E-MAIL MESSAGE TO US. THANK YOU 04/19/2004 • Weld County Planning Department GREELE'Y OFFICE TETRATECH RMC JUN 2 F 2004 1900 S.Sunset Stre O 80501 ♦ • TE�� .6959 TRANSMITTAL IT TO: e1�� to FROM: V2JL- Zc, t45P- Ail OA't.U2 DATE: 6 - ( 7-m 7 CO -t9t ) Go got?SO ATTN: PROJECT: �. 9c-S' _PHONE: JOB JOB NO: 90 ybc Oo Y 99 Fax Number: Number of pages sent(including this cover): pages. If you do not receive all pages or if transmission is not clear, please call Tetra Tech RMC at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ X Standard Mail FedEx Overnight WE ARE SENDING YOU: Copies Description OMNI mtCfd—yo L .t-tiU_ rt;04- 6/44:1-crz_04.2,t , des rat A r 2 c�t�lC l&4-t t_ QA A-D C.t S S f v C-7 , If enclosures are not as noted,please notify us promptly. THESE ARE TRANSMITTED: For Approval As Requested A For Your Use For Review and Comment REMARKS: n/. .&,4- y kieL4. ) Co. PoFw'fvV4 — k2't4 O4C — Go So 631 COPY TO: W ,.p € P se f G w+c-s — P� 7 2, �c+(�/ - bi L 4UL4a t N. WCc.,O Co . wA-s+4/L QtST— ,4tA oil /l3 - Po tyox slot�6�-� 7 TD O 9 J-0094K.S — 12&57 Al. Ct.1LU£.tA..✓O CCAse• La U -v'9 49 8oS 3 Document2 OmniTRAX, INC. 252 Clayton Street, 4th Floor Denver, Colorado 80206 Telephone 303-393-0033 Fax 303-393-0041 • .A Omni www.omnitrax.com CONSENT LETTER June 9,2004 Mr.Curt Fanner Tetra Tech,Inc. 1900 S. Sunset Street, Suite 1-F Longmont,Colorado 80501 Dear Mr.Fanner: Please refer to your letter of June 4th notifying the Great Western Railway of Colorado(hereinafter "the Railroad")of Tetra Tech's,on behalf of William and Dolores Roberts,(hereinafter"the Utility")desire to construct an 8"water line crossing within the public right of way of WCR 27, near Windsor. This letter will serve as notification that the engineering information submitted by the Utility has been reviewed, and the Railroad approves the proposed crossing and its installation as shown on the attached Exhibit A print, dated June 3, 2004. It is understood that the Utility shall reimburse the Railroad for all expenses incurred by the Railroad for employment of flagmen, inspectors, and other employees required to protect the right of way and property of the Railroad from damage arising out of and/or from the construction, maintenance, repair, renewal, modification, reconstruction, relocation,or removal of the utility line. The Utility shall reimburse the Railroad for such expenses within thirty(30) days after presentation of a bill for such expenses. In order to protect the Railroad's property as well as for safety reasons, it is imperative that the Utility notify our railroad office: Great Western Railway of Colorado, 950 Taylor Avenue, Loveland, CO 80538, Telephone No. (970)667-6883, a minimum of 72 hours in advance of any construction on, along, or across the Railroad's right of way and/or tracks. When you or your representatives enter the Railroad's property, a copy of this letter must be available at the site to be shown on request to any Railroad employee or official. Sincerely, beth A.Brown Director—Real Estate Attachment ; i »iTcHuNtSTA24+OO.® / ; \ ` \ \« , ; %` ; d \ Z~ ! ' i I%` / \ , % �/ / »A , - % Al < § §l\-\ / ; \ , f x \ \ g . . / / I 4 Ili . \ \ K ' k . , ; \ \ \ !|; �, . - �,( \�1 « .« i . . . . . . . v t l§ . P § { iai &i \ | t \ / i . » # ! > ` I ! 61 ! . : kf pH ,i1 ( NO °, _ _ . ._\ o s ANDWATERUNE SILE - © 4m. f _, - , ; ; WILLIAM_om_ES ROBERTSmm m -�- - - „ e � I . .-- APPLICATION PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE nte County Vim D2partmelt DATE RECEIVED: GREELEY OFFICE RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: �uI.75 0805 30 000048 `aRECEibeE Complete Parcel Number (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) Legal Description Lots A and B. RE-2342 , Section 30 ,Township 06 North, Range 66 West Property Address (If Applicable) Existing Zone District : PUD Proposed Zone District: PUD Total Acreage: 79,61 Proposed#/Lots 10 Average Lot Size: 2.52 t acresMinimum Lot Size: 2.415,acres Proposed Subdivision Name: Bracewell PUD Proposed Area (Acres) Open Space: 46.92 acres Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNERS) OF THE PROPERTY(If additional space is required,attach an additional sheet) SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR PUD FINAL PLAN: NAME William and Dolores Roberts PHONE (970) 686-5972 ADDRESS P.O. Box 756 Eaton, Colorado 80615 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) NAME Todd Hodges Design. LLC c/o Todd A. Hodges,ASLA ADDRESS 1269 North Cleveland Ave Loveland CO 80537 HOME TELEPHONE N/A BUSINESS TELEPHONE (970)613-8556 UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME Individual Sewage Disposal Systems GAS: NAME XceVGreelev Gas PHONE: NAME Qwest ELECTRIC:NAME Xcel Enemy DISTRICTS: SCHOOL: NAME RE-4 Windsor FIRE: NAME Windsor/Severance POST OFFICE: NAME Greeley I (VVe)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we),the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado: /- d% PaJ / '01 Signature: Owner r uthorized Agent Date ignature: Owner or Authorized Agent Date I111III111111VIII111111111111111!III1111!NII�Il� 266014$ 01/20/1669 03:33P Wald County CO 2 of 2 R 11.00 0 25.00 JR Suitt Tsukasoto "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0805-30-4-RE2342, recorded January 8, 1999 as Reception No. 2665704, being a part of the SE1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County by deed recorded July 23, 1887 in Book 43 at Page 472. TOGETHER WITH Seven (7) shares of the capital stock of the Whitney Irrigation Co. Bracewell PUD PUD Final Plan —Application Requirements 27-7-30.A. A recorded change of zone plat which delineates the proposed uses is attached. 27-7-30.B. A Certificate of Title is included in submitted application materials. 27-7-30.C. A Certificate of Title covering all public dedications is included in applications is not applicable to this application. 27-7-30.D. A Deed is included in application materials. 27-7-30.E. A tax statement from the Weld County Treasurer's office in included in submitted application materials. 27-7-30.F. A Certificate from a qualified engineer in the State responsible for the design of the utilities is included on the plat. 27-7-30.G. Copies of deed restrictions are not applicable to this application. 27-7-30.H. An improvements agreement according policy regarding collateral is included with this application. 27-7-30.I. Review of this proposal by Weld County Public Works has insured the street system serving this PUD is adequate. 27-7-30.J. A separate off-site road improvements agreement proposal is not applicable to this application. 27-7-30.K. An improvements agreement according policy regarding collateral, including the construction schedule is included with this application. 27-7-30.L. The applicant will be presenting Escrow from the sale of lots to pay for improvements and has been in contact with Lee Morrison, County Attorney's Office for approval. 27-7-30.M. This proposal has been granted staff-review through the PUD Final Plan, therefore a certified list of surrounding property owners is not applicable to this submittal. Such list was provided with the Change of Zone application materials. 27-7-30.N. A record of ownership through documents prepared by Weld County Title has been included in application materials. William R. & Dolores A. Roberts P.O. Box 756 Eaton, Colorado 80615 To Whom It May Concern: Please be advised that We, William and Dolores Roberts, hereby authorize Todd Hodges Design, LLC, to represent us in our endeavor to subdivide our land, located in part of the SE '/ of Section 30, T6N, R66W of the 6th P.M., Id County, Colorado. v✓r CL `e'er -/-c r William R. Roberts date Dolores A. Roberts date 27-7-30.O The Bracewell PUD is in compliance and meets criteria as set forth in the Change of Zone application materials and Board of County Commissioner's Change of Zone Resolution. This proposal has been reviewed under the specific guide. a. The applicant contacted the Weld County Sheriff's office and addressed the Weld County Sheriff's concerns. The Weld County Sheriff sent communication to the Director of Planning Services in early August, 2003 indicating concerns have been addressed. b. Items have been submitted herein for review to address all concerns of the Windsor/Severance Fire Protection District. c. The applicant has included materials indicating the School District concerns have been addressed. d. The applicant has submitted evidence regarding the Augmentation Plan. e. The applicant shall vacate that portion of USR-1125 within the Bracewell PUD upon completion of activities therein. f. Covenants have been reviewed and approved by the Weld County Attorney's office. Evidence is submitted herein. 27-7-30.P. The Final Plan map is included in application materials. 27-7-30.Q. A landscape plan is included in application materials. 27-7-30.R. A utility map is included in application materials. DISTRICT COURT, WATER DIVISION NO. 1, COLORADO 9th Street & 9th Avenue P. O. 2038 Greeley, CO 80632 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM R. ROBERTS AND DOLORES A. ROBERTS IN WELD COUNTY. ACOURT USE ONLY A Kim R. Lawrence, #8366 Lind, Lawrence & Ottenhoff LLP Case N° 02-CW-331 1011 11th Avenue Greeley, CO 80631 Phone: (970) 356-9160 Fax: (970) 356-1111 E-Mail: kim@llolaw.com • STIPULATION Applicants,William R. Roberts and Dolores A. Roberts, by and through their attorneys Lind, Lawrence & Ottenhoff, LLP, and Objector, Greeley Irrigation Company, by and through its attorneys, William H. Southard, hereby stipulate as follows: 1. Objector hereby consents to the entry of a decree in the form of the proposed decree attached hereto as Exhibit 1 and will notobjectto the entry of any modified form of decreed ultimately entered by the Water Court so long as its terms and conditions are no less restrictive than those in Exhibit 1. 2. Objector shall be notified by Applicants of any proposed changes in the decree whether by the Applicants, other objectors or the Court. 3. This Stipulation shall be binding on the parties. F:\KIM\Roberts.Billy\Water Application\Stipulation-Greeley Irrigation:wp0 4. Objector agrees to limit their participation herein to ensuring that the Ruling/Decree which is ultimately entered herein is in conformity with the provisions of this Stipulation. Dated this alay of __ , 2003. LIND,LAWRENCE&OTTENHOFF,LLP Kim R. Lawrence, #8366 Attorney for Applicants / ` }- 4 William H. Southard, #1223 Attorney for Greeley Irrigation Co. F:\XIM\Roberts,Billy\Water ApplicationStipulation-Greeley Irrigation.wp2 DISTRICT COURT, WATER DIVISION NO. 1, COLORADO DRAFT 9/17/03 9th Street& 9th Ave. P. O. Box 2038 Greeley, CO 80631 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: WILLIAM R. ROBERTS AND DOLORES A. ROBERTS IN WELD COUNTY. ACOURT USE ONLY A Kim R. Lawrence Lind, Lawrence & Ottenhoff LLP Case N2 02-CW-331 1011 11th Avenue Greeley, CO 80631 Phone: (970) 356-9160 Fax: (970) 356-1111 • E-Mail: kim@llolaw.com Atty.Reg.#8366 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE AND DECREE OF THE WATER COURT DECREE This Claim having been filed with the Water Clerk, Water Division N9 1, on December 23, 2002, and all matters contained in the Application having been reviewed,and testimony and evidence having been taken as necessary,the Referee hereby enters the following Findings of Fact, Conclusions of Law and Ruling: FINDINGS OF FACT 1. The name and address of Applicant: William R. Roberts and Dolores A. Roberts, 12691 WCR64'/2,Greeley,Colorado 80631, hereinafter"Applicant." 2. All notices of this matter required by law have been fulfilled and the Court has jurisdiction over the subject matter of this application and over all persons and property affected by it, irrespective of whether they or its owners have appeared. Exhibit 1 F:\KIM\Roberts.Billy\Water Application\Decree 9 17 03.wpd 02-C W-331 Roberts Page 2 3. Statements of opposition were filed by the Cache La Poudre Water Users Association, City of Greeley and City of Greeley Water and Sewer Board, Greeley Irrigation Company and Whitney Irrigation Company. No other statements of opposition have been filed and the time for filing statements of opposition has expired. APPLICATION FOR WATER RIGHT 4. Name of Structure: Lake Shiloh. 4.1 Legal Description of Structure: In the SEA of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.2 Source of Water:Groundwater tributary to the Cache La Poudre River. 4.3 Date of Initiation of Appropriation: June 27, 2000. • 4.4 Amount Claimed: 825 acre feet, conditional. 4.5 Use: Irrigation of 3 acres, recreation, water skiing, boating, hunting, fish and wildlife. 4.6 Description of Project: Lake Shiloh is being excavated. The lake uses will be for irrigation of the Bracewell PUD, fish and wildlife habitat, water skiing, boating, hunting and related recreational activities. Augmentation of out of priority depletions caused by evaporation of the lake surface will be made as described below. CHANGE OF WATER RIGHTS 5. Water Rights: Applicant owns a total of 8 shares of the 320 shares outstanding in the Whitney Ditch Company.The 8 shares of the Whitney Ditch Company, changed herein, are referred to as the "8 shares." 6. Decree: The Whitney Ditch was decreed in Case N2 320 in the District Court in and for Larimer County on April 11, 1882 with an appropriation date of September 1, 1862 for 48.23 c.f.s. and September 10, 1871 for 12.95 c.f.s. from the Cache La Poudre River. The Whitney Ditch headgate is located in Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado on the north side of the Cache La Poudre River. F:\KIM\Roberts,Billy\Water Application\Decree 9 17 03.wpd 02-C W-331 Roberts Page 3 7. Historical Use: 7.1 Acreage and Water Deliveries: The 8 shares of the Whitney were historically used for irrigation of 74 acres on the Roberts farm in the SE1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County,Colorado,see Figure 1. Annual farm headgate deliveries on the 8 shares averaged 227.23 acre-feet over the period between 1950 and 1996. The historical cropping pattern was alfalfa, 40 acres; corn 20 acres; sugar beets 14 acres during the study period, 1950- 1996. Beginning in 2000 the land was converted into an aggregate mine and 5 of the shares have been used for augmentation of the mine. 7.2 Historical Consumptive Use: The historical consumptive use of the 8 shares on the property was estimated using the modified Blaney-Criddle method over the period between 1950 and 1996. Based on 15% ditch loss and 60% on-farm irrigation efficiency the following consumptive use, in acre-feet, was found for the historical use of the 8 shares: March April May June July Aug Sept Oct Total 0.05 3.16 14.00 21.78 37.41 33.88 19.05 1.19 130.53 7.3 Historical Return Flows: Historic return flows from the parcel were assumed to be 67%subsurface and 33%surface returns and average 96.71 acre feetperyear.The subsurface returns were lagged based on a 174 day SDF given the parcel's distance from the Cache La Poudre River. 8. Change of Use:Applicant seeks to change the use of the 8 shares from direct flow for irrigation to direct flow, recharge and storage in Lake Shiloh for irrigation of 3 acres, fish and wildlife habitat, water skiing, boating and related recreational activities, augmentation, replacement, and exchange. Applicant also seeks the right to totally consume the consumable portion of the water, either by first use,successive use, or disposition. F:\KIM\Roberts,Billy\Water Application Decree 9 17 03.wpd 02-C W-331 Roberts Page 4 CONCLUSIONS OF LAW 9. The Court has jurisdiction of the subject matter of this application and all persons affected hereby, whether they have appeared or not, pursuant to §37-92-203(1), §37-92-302 and §37-92-304, C.R.S. 10. Statements of opposition were filed by the Cache La Poudre Water Users Association, City of Greeley and City of Greeley Water and Sewer Board, Greeley Irrigation Company and Whitney Irrigation Company. No other statements of opposition have been filed and the time for filing statements of opposition has expired. 11. Full and adequate notice of the claim adjudicated herein has been given in the manner required by law. 12. No injury:The Court determines that the change of water rights and plan for augmentation herein is authorized by law,and if operated in accordance with the terms and conditions of this Decree, will not result in injury to vested water rights and decreed conditional water rights of others. Therefore, applicant is entitled to a Decree approving the change of water rightand plan for augmentation herein. §37-92-305(3) C.R.S. RULING AND DECREE 13. ¶1 through¶12, inclusive, are incorporated herein by reference and made a part of this Ruling and Decree as if fully set forth. 14. Change of Use: The eight (8) shares of the stock of the Whitney Ditch Company are changed from directflow for irrigation to directflow, recharge and storage in Lake Shiloh for fish and wildlife habitat, water skiing, boating and related recreational activities, augmentation, replacement, and exchange with the right to totally consume the consumable portion of the water,either by first use,successive use,or disposition,subjectto the Terms and Conditions set forth in ¶15. 15. Terms and conditions: 8 shares. 15.1 Diversion Limitations: 15.1.1. All diversions shall be made through the River Headgate of the Whitney Ditch. F:\KIM\Roberts.Billy\Water Application\Decree 9 17 03.wpd 02-CW-331 Roberts Page 5 15.1.2. Seasonal Limitation. Applicant's diversions of the 8 shares will be limited to the period of March 22nd through October 31a` 15.1.3. Monthly Volumetric Limitations. Farm headgate diversions on the 8 shares shall be limited to the following monthly acre-foot maximums: March April May June July August Sept Oct 4.05 40.42 57.67 60.10 80.80 77.39 50.41 23.01 15.1.4. Annual Volumetric Limitation: Annual river headgate diversions of the 8 shares shall not exceed 261.97 acre feet in any year. 15.1.5. Five Year Average•Volumetric Limitation: Farm Headgate diversions on the 8 shares shall not exceed 1136.15 acre- feet in any consecutive 5 year period. 15.2 Return Flows: Diversions of the 8 shares will incur a return flow obligation to the stream system. The return flows resulting from the historical agricultural use included summer(April through September) and winter (October through March) components. The Return Flow Obligations will be determined as follows: 15.2.1. The Return Flow Obligation for the months of April through September shall be determined by applying the monthly return flow factors in the table below to the measured farm headgate delivery on the 8 shares. April May June July August Sept 0.556 0.241 0.217 0.195 0.233 0.345 15.2.2. The Winter Return Flow Obligation shall be determined by applying the applicable return flow factor in the table below to the measured annual farm headgate deliveries on the 8 shares for the preceding March through October. F:\KIM\Roberts,Billy\Water Application Decree 9 17 03.wpd 02-C W-331 Roberts Page 6 October November December January February March 0.033 0.025 0.020 0.016 0.013 0.012 15.2.3. Return flow obligations need not be released if the applicable river call is junior to December 23, 2002. 15.2.4. Return flow obligations may be satisfied by releases from the 8 shares, or other available sources, as long as the sources are decreed for augmentation purposes by the Water Court or approved for replacement use under a Substitute Water Supply Plan approved by the State Engineer. 15.2.5. All return flows shall be released into the stream at a point at or above the points at which historical return flows from irrigation use of the 8 shares entered the stream. If return flows are released at points upstream of the point of historical returns, then the Division Engineer and his agents shall ensure that such return flows are not diverted upstream of the point of historical return. 15.3 Dry-up. The only irrigation use by the 8 shares shall be the irrigation of 3 acres on the Roberts farm in the SE1A of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 15.4 Future Consumptive Use:The quantity of the 8 shares remaining after Applicant has satisfied its return flow obligations as set forth in¶15.2 above is equivalent to the historical consumptive use attributable to Applicant's shares.This water may be totally consumed without injury to other water users. The average historical consumptive use per year for Applicant's 8 shares is 130.53 acre-feet. 16. Plan of Augmentation: Applicant proposes to use the consumptive use from the 8 shares to augment Lake Shiloh evaporation in addition to the uses in ¶14. All 8 shares may be delivered directly in to the Lake, but to satisfy the timing of return flow obligations Applicant will diverta portion of the 8 shares to alined pond adjacent to the Lake. Historic ditch losses will be maintained as the shares will be delivered through the ditch. The maximum annual net F:\KIM\Roberts,Billy\Water Application\Decree 9 17 03.wpd 02-C W-331 Roberts Page 7 water surface attributable to evaporation of 33 acres of lake surface is 78.99 acre feet and the monthly amounts in acre feet are shown below. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 2.35 3.07 3.72 6.56 7.78 11.44 13.05 12.02 8.05 5.74 2.89 2.31 78.99 The monthly evaporation will be lagged to the Cache La Poudre River based. on the lagging factors set out below in row 1 resulting in the lagged evaporation depletions, in acre feet,to be replaced as shown in row 2. In the alternative applicant may use actual monthly evaporation data and lag the monthly data by row 1 and replace the resulting evaporation depletions. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Row1 6.7 5.7 5.4 5.9 7.0 8.4 9.9 11.0 11.3 10.7 9.7 8.3 100 Row2 5.29 4.50 4.27 4.66 5.53 6.64 7.82 8.69 8.93 8.45 7.66 6.56 78.99 17. Accounting: Applicant will install measuring devices as are reasonably determined by the Division Engineer to be necessary for the proper administration and operation of this decree. Diversions and releases of water pursuant to this decree will be measured and recorded on a monthly accounting form acceptable to the Water Commissioner and Division Engineer. The accounting sheet, Exhibit 1 is not decreed herein, and if otherwise consistent with the provisions of this paragraph, may be modified as agreed between Applicant and the Division Engineer. Accounting sheet for this decree shall be submitted to the Water Commissioner on a monthly basis and made available to any objector in this case upon reasonable request. 18. Stipulations and Settlements. The Stipulations entered into between Applicant and Objectors are approved by the Court. 19. If operated in accordance with the terms and conditions contained herein, the change of water rights will not injure the objectors or any other persons who rely upon vested water rights or decreed conditional water rights. 20. This change of water rights and plan for augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five years from the date of this decree pursuant to §37-92-304(6), C.R.S. F:\KIM\Roberts,Billy\Water Application\Decree 9 17 03.wpd 02-CW-331 Roberts Page 8 DATED this day of , 2003. Raymond S. Liesman Water Referee Water Division No. 1 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED,AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. BY THE COURT: Roger Klein Water Judge Water Division No. 1 F:\KIM\Roberts,Billy\Water Application\Decree 9 17 03.wpd Example Accounting (all values in acre-feet) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total [I] Pit Depletions -5.69 -4.82 -5.06 -4.90 -5.53 -6.00 -7.35 -8.37 -8.53 -8.53' -7.58 -6.64 -78.99 [2]Whitney Recharge Deliveries _ _ _. a) Past Year 0.00 b) Present Year 0.00 c) Recharge accretions _ [3]Whitney Storage Deliveries _ a) Past Year b) Present Year 0.00 0.00 (4] Whitney Returns _ — _ a) Summer RFF 0.552 0.241 0.217 0.195 0.233 0.345 _ b) Winter RFF 0.016 0.013 0.012 0.033 0.025 0.020 c) Total Returns _ _ [5] Metered irrigation pumping 0.00 [6] On-site consumptive use depletions [7]Lagged subdivision depletions _ _ [8] Monthly evaporation from lined pond 0.07 0.09 0.11 0.20 0.24 0.35 0.40 0.36 0.24 0.17 0.09 0.07 2.39 [9]EOM on-site storage 0.00 [10] Release from on-site storage - 0.01 4.47 4.58 6.58 2.48 [II]Net River Impact I 0.00 [I]Total of pit depletions from column[8]in Table 9-dry year [2] Deliveris to unlined pond-recharge of 7 shares • a)Pau year deliveries b) Present year deliveries c)Cutrunulative recharge accretions-from SDF model [3] Deliveries to lined storage pond-1 share a)Past year deliveries b)Present year deliveries c)Total return flow obligation-Summer April-Sept:(row[2b1+row[3b)x monthy factor in row[4a],Winter-(total row[2a]+total row[3a])x montly factor row 4b] [4] Return flow factors [5]Metered pumping for inigation of 3 acres from unlined lake [6]On-site depletions-row[5]x 0.85 [7] Lagged on-site consumptive use depletions from row[6]-from SDF model.includes cumulative depletions front past years operations. [8] Evaporation from lined gravel pond [9] End of month storage in lined pond-storage front previous month-row[t]+row[3b] [101 Net liver impact-row(2c]-row[4c]+row[1]+row[7]+row[101 Leaf Engineering,Inc. Roberts Accounting 9/17/2003 02-CW-331 E:U-eat\Hall\Gravel Pits'Poudre3Robens\Roberts HUA Exhibit I .4444,Il Y / � �� ti °' tli0 It� Y_--__ _: WQ, • oll q t ' II ' II II 1 II II BM I u' II 474 i ,\‘ D / + I owe► o Bra ewell : A 4740 / _ Whitney Ditch "-ti C� •' 1/4 • • M _ `I• Oa4� 30 .- �' �_ Reclaimed Pit 33 Acres I It F II Roberts Parcel _ I I74 Irrigated Acres Lined pond 1 • ° tp 4P 3- • N.\ ) \ /I... ` Y41 I1 Cache la Poudre Riv ------,_ \\ �� \ . �� , . ' Ii 1 ( i 7 j31 47/0-- Q + Roberts Parcel Leaf Engineering, Inc. 800 0 800 Feet W i Figure 1 S Historic Acres July 2003 4 EDUCATION FOR LIFE W NDSOR OR Brian L.Lessman Superintendent of Schools April 8, 2004 Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 Case Reference PZ-552 —Bracewell PUD The Windsor School District will accept the proposal outlined in the attached letter of April 7, 2004 and signed by Mr. Roberts for the collection of cash in lieu of land dedication fees. Accordingly, we find no conflicts with our interests. Sincerely, Brian L. Lessman Superintendent of Schools WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street• P.O. Box 609 •Windsor,CO 80550• (970) 686-8000 • Fax (970) 686-5280 IV ILLIAM DOLORES ROBERTS 204 Aspen Drive Walden,0080480 (970)723-4313 Cell(970)302-7328 sGMeamBaol.cam April 7,2004 Windsor School District Brian Lessman Windsor,CO 80550 Dear Mr.Lessman, We are doing a 10 lot PUD at WCR 64 1 and WCR 27,known as the"Bracewell PUD". You have reviewed this,and we are in the final stage of completion.In reference to the"cash in lieu of land",we requestthe approval of the following proposal.We have set up an escrow account through Weld County Title,Mountain Msta Division,that will escrow proceeds from the sale of lots to pay for expenses of constmctlon.We ask that the Windsor School District would join with us in this process and the cash be withheld from the sale of the first lot and paid to the School District at dosing by the Title Company.We have buyers ready to dose on three lots as soon as allowed by Weld County.In the event of uncontrollable circumstances,we would pay the fee within ninety days of the recording of the final plat. Thank you for your consideration in this matter. Sincerely, /�J/ DOWNTOWN aUNITED STATES POSTAL SERVICE August 8, 2003 To Whom It May Concern, Upon going over the Bracewell P.U.D. Change of Zone Plat, I do not see any problems with addresses for the ten proposed lots on Shiloh Road. There is no other "Shiloh Road" or"Shiloh Lane" on the delivery schematic for Greeley's zip codes. Delivery to these homes would be done by a Rural Route Carrier and the Postal Service would probably strongly recommend a multiple-box single point of delivery for all ten homes. Preliminary viewing of the plat suggests this multiple-box unit would be best located somewhere in the parking/school bus turnaround area. These details would need to be finalized and approved by the Postmaster before delivery would begin. If you have any questions or concerns don't hesitate to contact me. Rob Foster Growth Development Coordinator 925 11TH AVENUE GREELEY,CO 80631-9998 970-392-2782 FAX 353-7368 cPR-6-2004 12:58 FROM: TO 87061.58 :15 P.2 • t el / 0 ng On.. MS$edgy SO 3W VAIRANTY DEED THIS DEED, Made this 26th day of July, 2001 between Elisabeth A. Pirestien of the ate _County of Weld and Snd William R. Roberts grantor, d Dolores A. Roberts whose legal address is 12691 Weld County Rood 64 1/2. Greeley. Colorado $0631 of the County of Weld and State of Colorado. greatest: WITNESS that the for and in casidention of the ma of ONE IDWRC SeVOaT. $231 =eon AID 00 100, ($376,000.00) Dollars, the receipt and euttisteney of which is hereby sekaarled*sd, has granted, bargained, sold and conveyed, sad by these presents doss grant, bargain, sell, convey end eanfirm lento the gsanises, their heirs sad *soigne forever, not to tenancy in canon but in JOINT TOPWCY, all reel property, w M ether with ispeevnts, it say, situate, lying and being in C Cooney of Wild '1� end /tato of Celaeede, described as follows. Lot A of Recorded Rrseptioa Mo. 0007-30-4-Ra2362. recorded January a, 3599 ea �. Reception No. 2665704, being a part of the SE1/4 of Section 30. Township 6 North. Range 66 Neat of the 6th P.N.. County of Wald. State of Colorado. INCEPTING THEREFROM a parcel of land conveyed to Weld County by deed recorded July 23. 1467 in gook 43 at Page 472. also known by street and number as 11750 Weld County Reed 64 1/2, Greeley. Colorado 40631 TOna sea with all and singular the hereditament* sad sppurteeweer than evato helcugiag, or la anywise e�apnsettreeifalitne sad Om reversion and ranrsisns, reminder and remains,*lain s, use.,i�tatasfits thereof, and e11 the estate. rigle. title. Interest, to the thieve d r et the granter. either in lw or equity, of, in bargained praises, with the hereditament.. Sad appuetananena. TO SAYS AND TO NOW the said premises *hove bargained and described, with the sgpureenaaaes, note the goatees, A their heirs and assign. forever. d the grantor, for himself, his heirs and personal representatives. does covenant, grant, bargain, end agree to and with the grantees, their heirs and assigns, that et the ties of the easoalleiaag and delivery of these presents, he is well seised of the premises above law, 3n , h s good, sore,�faet, absolute and indefeasible estate of ioheritaaw, in law. In, sell and and geed eight, tall power and lawful authority to great, convey the same in mammy end foss aforesaid end that the sans ars w tree aloes tram all toner and other grants, bargains, sales, lien, taxes. assessments, encumbrance* sad restriction of whatever kind or nature stover, except general taxes for 2001 and subsequent ears; except sasemsncg, restrictions, covenants, conditions, reservations and rights of way of record, it any, The grantor 'ball end will WASRAST AND FORMES MOD the above•heeraDdaiaed promises la tha!psfae all andlead �Parana perinea lev uliy etaSNng tthhehewhhoolle or foy part The singular pouter shall implode the plural. the plural the singular, end the use et any gegdse shall a applicable to all genders. IR lR[I WSOS0P the grantor has exseutad this deed en the data,set forth above. • Sliallkth A. Pirestien STATE OP COLORADO ) ) as. The foregoing instrument was acknowledged before County of Weld ) we this 26th day of July, 2001 by Ilisabeth A. Pirestien Witness ay hand and official seal. L42A4c, lon expiWovenber 15, 2001 > , NOTARY PUBLIC 1295 Mein St. Po. 921A. Rs ; it L S Windsor. COLORADO 00550 i iiim in 11111111111111 IIIIB IIHI III IIIN 1111 If11 /Y A 26!!14! 01/20/1666 03:33P Maly County CO 1 of 2 R 11.00 0 25.00 JA Suk1 Taukasoto WARRANTY DEED THIS DEED, Made this 15th day of January, 1999 between David L. Firestien and Elizabeth A. Firestien of the County of Weld and State of Colorado, grantor, and William R. Roberts and Dolores A. Roberts whose legal address is 12691 Weld County Road #64 1/2, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED FIFTY THOUSAND AND 00/100, (;4250,000-.00)- Dollars; the- receipt- and- eufiicleacy-of-whtcir ks hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT, TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State- of Colorado, described- as follows:- SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF . also known by street and number as , Greeley, Colorado 80631 TOGETHER with all and singular the hereditament' and appurtenances thereunto c' belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, ✓Lv interest, claim and demand whatsoever of the grantor, either in law or equity, of, in y� and to the above bargained premises, with the bereditaments and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the'premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. David L. Firestien Eliz eth A. Firestien STATE OF COLORADO } ss. The foregoing instrument was acknowledged before County of Weld } me this 15th day of January, 1999 by David L. Firestien and Elizabeth A. Firestien Witnqg$ my hand and offi99ial seal. My 4Sw4i-ssion. expiregeM emklay 1$„ 2001. Planned Unit Development Specific Development Guide Introduction The Bracewell Planned Unit Development provides a rural residential opportunity in unincorporated Weld County. The outcome of this Planned Unit Development is to create ten lots averaging 2.5 acres each, coupled with a 46.92-acre common open space site. This common open space site will contain a 31.5-acre lake. The proposed open space incorporates 59% of the entire site, far exceeding the 15% required by the Planned Unit Development common open space requirements. Each lot will be connected to the common open space. An added benefit of the large amount of common open space is the buffering achieved between residential sites and adjacent county road rights-of-way. Proposed land uses within the subdivision include single-family residential, estate zoning uses, as well as passive and active recreational uses. The specific architectural styles of the principal and accessory residential structures will be selected by the individual lot owners with standard limitations outlined in the Bracewell PUD Covenants and Home Owners Association. This low-density development will be compatible with surrounding land-uses, architectural style, and general character of the area. Agricultural activities have been occurring on the site. The Right to Farm statement, as it appears in Chapter 22 of the Weld County Code will be placed on all recorded plats. By doing so, future residents of the subdivision will be aware of long-standing agricultural practices in the area. A mining plan has been reviewed and approved for this site. Mining of the gravel resource is currently occurring on this property. The entire project is 85% completed at date of application submittal and is anticipated to be completed by Autumn, 2005. Ten lots are proposed and were approved through PUD Change of Zone case#552. Lot A of Recorded Exemption #2342 has been incorporated into the subdivision. Rather than removing this Lot A from the subdivision, it will be incorporated to ensure entry access safety, uniformity in design and cohesive character for the area. The barn existing will remain as part of Lot 9. 1 Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 274-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One- environmental impacts 1. Noise and vibration 2. Smoke, dust and odors 3. Heat, light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. As the use of the site will remain residential and open space, adverse impacts from noise and vibration, smoke, odors, heat, glare, visual impacts, electrical interference and water pollution will not occur on the site. Visual and aesthetic impacts will be enhanced by entrance landscape treatments and landscaping within the subdivision. 7. Wastewater disposal All wastewater disposal within this development will be through the use of individual septic systems. Replacement envelopes have been delineated on the plat. The proposed lot sizes within the subdivision have been designed to meet the density requirements of the Weld County Code and the Weld County Health Department, therefore no negative impacts are foreseen on this site. All septic systems and foundations shall be designed according to individual lot characteristics. The applicant has been in discussions with the Department of Public Health and Environment to locate a vault for a sewage disposal system to locate a changing and toilet facility at the boat ramp/parking area. An outside hand-washing area will be served by non-potable water and located in the picnic area. No water is proposed to be located in the changing and toilet facility. A final drainage report is included with application materials. 8. Wetland removal This proposal does not remove wetlands. 9. Erosion and sedimentation 10. Excavating, filling and grading 11. Drilling, ditching and dredging Any on-site grading, drilling, ditching or dredging will be done sympathetically. Erosion will be kept to a minimum. A berm has been placed between the internal roadway and the off-site County Right-of-way for Weld County Roads 64.5 and 27. The berm has been seeded in drought-tollerant species. An on-site drainage plan has been submitted with this application. This site is currently under provision of USR-1124 for a sand and gravel mining operation. 2 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. The residential uses should not create negative impacts to air pollution or contribute to solid waste concerns. There will also be minimal removal of natural vegetation on the site. This proposal greatly increases the amount of wildlife habitat on the site. The property owner has been in contact with the Division of Wildlife concerning this project. A letter from the Division of Wildlife concerning this particular project was included in the Change of Zone application materials. 16. Radiation/radioactive material To the applicant's knowledge, there are no radioactive materials located on this site. 17. Drinking water source The drinking water source is through North Weld Water District. An executed water service agreement from North Weld Water District was included in the Change of Zone documentation and indicated assurance of the adequate quantity and quality of water taps. 18. Traffic impacts All residential lots will be served by an internal roadway which will limit the number of access points onto Weld County Roads 64.5 and 27, further allowing a continuous flow of traffic on these roadways. Concerns raised in Sketch Plan comments have been addressed. Please refer to the attached plat. Any unforeseen traffic impacts resulting from the review of this proposal by the Weld County Public Works Department will be addressed. Section 27-6-50 Component Two- service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this PUD include the Windsor School District Weld County RE-4, Weld County law enforcement, and the Windsor-Severance Fire Protection District. In a referral response from the Weld County Sheriff (dated September 20, 2000), several concerns were raised. The first is the nature of the proposed recreational lake. The lake is for use by the residents only. A school bus drop off and mail delivery station has been incorporated into this site design. In a referral response from the Windsor/Severance Fire Protection District (dated September 13, 2000), ten items were noted for improvement. These items have been addressed in this application. In lieu of two accesses, one additional turn-around has been placed in front of Lot 7. This turn-around is the same size as a cul-de-sac. This turn-around will not be paved but will meet weight requirements specified by the Fire Protection District. Hydrants will be located on site in front of Lots 2, 4, 7 and 9. Homes will be required to have an in-house fire suppressant system. Individual mail boxes will be provided as specified in Article 6, Section 35 of the attached Covenants. Mr. Foster and the applicant have been working together with the carrier. 3 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties and therefore provides a large buffer between residential uses, adjacent properties and the existing irrigation practices of the area. All recorded plats will include the Weld County Right to Farm, found in Appendix 22-E of the County Code. The bulk requirements of the Estate Zone District will be followed. 5. Overlay districts The Road Impact Fee shall be paid at the specified timing. Section 27-6-80 Component Five— common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions Z Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15% common open space allocation In accordance with Section 27-6-80.B.7, 15% of the site is required to be devoted to common open space. This development far exceeds the 15% requirement of the Weld County Code. This application proposes a 46.92-acre common open space site to include a 31.5-acre lake. The proposed open space incorporates 59% of the entire site. The common open space will be owned and maintained by the homeowners association. The construction of the open space amenities is minimal and is mainly vegetation. Section 27-6-90 Component Six—signage All signage within this PUD will comply with the sign standards set forth in Section 27-6-90 and Division 6, Article II, Chapter 19 of the Weld County Code. Details regarding the monument sign, mailboxes and landscaping treatment have been designed. Plans are submitted herein Section 27-6-100 Component Seven— MUD impact Not-applicable: This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight— intergovernmental agreement impacts Not applicable: This proposal is not located within a standard Urban Growth Boundary or an Intergovernmental Agreement Urban Growth Boundary area. 6 areas. A dual water system has been designed. This preliminary dual water system report was included in Change of Zone application materials. This system shall be utilized for the maintenance of the common areas and individual lot irrigation. The Homeowners Association will own and maintain the dual water system for these purposes. Section 27-6-70 Component Four—site design 1. Unique features As previously stated, the topography of the site is relatively flat with a slight slope to the south. There are no unique natural features existing within the proposed PUD. 2. PUD rezoning consistent with Chapter 22 of Weld County Code The outcome of this Planned Unit Development is to create ten estate lots averaging 2.5 acres in size. These lots are coupled with a 46.92-acre common open space site. This common open space site will contain a 31.5-acre lake. The proposed open space incorporates 59% of the entire site, far exceeding the 15% required by the Planned Unit Development common open space requirements. Each lot will be connected to the common open space. Section 22-2-190.B.1 PUD.Goal 2 states, "Encourage creative approaches to land development which will result in environment of distinct identity and character." By preserving and enhancing such a large proportion of the site, the applicant will indeed create a residential environment of distinct identity and character. Section 22-2-190.D.2.a PUD.Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development." The applicant has carefully considered the uses on-site, adjacent properties and the county road network. An added benefit of the large amount of common open space in this particular application is the buffering achieved between residential sites, adjacent land use, and adjacent county road rights-of-way. This property is located on land classified as "Prime" and "Non-Irrigated" by the USDA Soils map recognized by Weld County. Section 22-2-60.D.1, A.Goal 4 states, "Provide a mechanism for the division of land which is agriculturally zoned." This development proposes to divide the property into ten residential lots, with a 46.92-acre common open space site. Mining on-site resources is an agricultural activity. A gravel mining use by special review permit is required in the Agricultural Zone of unincorporated Weld County. Once this activity has been completed, the reclamation plans are for a 31.5-acre recreational lake. The Bracewell PUD is compatible with the Comprehensive Plans of the County, City of Greeley, and Town of Windsor. Section 22-2-90.C.1 UGB Goal 3 indicates, "The County and municipalities should coordinate land use planning in urban growth boundary areas. " This proposal is located on property outside of an Intergovernmental Agreement Urban Growth Boundary. This proposal is located on property outside a standard Urban Growth Boundary. This proposal is located on property outside either form of Urban Growth Boundary. Although this proposal is not within either a standard or Intergovernmental Agreement Urban Growth Boundary recognized by Weld County Government, the applicant has addressed the concerns of the Town of Windsor (referral response to Change of Zone comments dated October 4, 2002). In addition, the applicant has addressed all concerns of the Windsor-Severance Fire Protection District to their satisfaction. 5 5. Transportation (including circulation and roadways) 6. Traffic impact analysis by registered professional engineer The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. A cross section of the proposed roadway is included with this application. The internal road is labeled, "Shiloh Road" on submitted plats. The internal road will be maintained for one year by the Home Owners Association. After one year, the internal road will become a public road and transferred to the County. Shiloh Lane shall remain a private gravel road and maintained by the Homeowner's Association. Signs communicating Shiloh Road is not a through street will be provided. Additional stop signs and street name signs will be provided. 7. Storm drainage Storm drainage will be handled on-site. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions The drinking water source is through North Weld Water District. All wastewater disposal within this development will be through the use of individual septic systems. Utility providers will have the standard easement dimensions of 20 feet on the sides and rear lot lines and 15 feet across the front lot lines. Section 27-6-60 Component Three— landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment Any landscaping improvements on the site within the common open space areas. Individual landscaping on each lot will be determined and maintained by the lot owner. A buffer treatment has been placed between the internal roadways and the County road system. A landscape plan has been submitted with this application. The Division of Wildlife has been instrumental in providing guidance with the selection of drought-tolerant and wildlife-friendly plant material. The enclosed plat specifies location of plant groupings. A final landscape plan is included within the application submittal. An existing reclamation plan (2nd and 3r°Amended USR-1125) is in place for the mining activities on site. The existing berms have been seeded to drought-tolerant grass species. Drip irrigation will be provided on the berms to shrubs and trees. Watering will be on a rotating basis on lots and all Homeowners Association-owned parcels. This rotation is outlined in the attached Covenants. 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water The maintenance for all landscape improvements in the common open space areas will be conducted by the homeowners association. All plant material will be maintained in a healthy state and any dead or dying plant material will be replaced at the earliest planting time possible. All plant species selected will be drought tolerant and should require minimal water usage. Landscape species will also be selected to adapt to the soil conditions of the site. A non-potable system is being proposed to supply the necessary irrigation to the open space 4 Page 1 of 3 Anne From: "IUm Lawrence"<Idrn®ilolaw.corn> To: cannejohnsonGgweet.net> Sent: Monday,Aptll 19,2004 3:08 PM Attach: Covenants 04 04 19.pdt Subject: FW:Bracewell PUD Covenants Anne: See Lee Morrison approval and instructions attached. Kim R.Lawrence,Esq. Lind,Lawrence& OttenhofC LLP 1011 11th Avenue Greeley, Colorado 80631 970-356-9160 970-356-1111 fax kim@llolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE- NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN E-MAIL MESSAGE TO US. THANK YOU From: Lee Morrison[mailto:lmorrison@co.weld.co.us] Sent: Monday,April 19, 2004 2:51 PM To: kkn@Nolaw.com Cc: Shed Lockman; Kim Ogle Subject FW: Bracewell PUD Covenants I have reviewed the attached covenants and find no conflicts with the County's interests. This document should be delivered to the planning dept at time of filing the plat with the appropriate recording fee so that the recording of the plat may be followed immediately thereafter by recording of covenants. Lee Lee D.Morrison,Assistant Weld County Attorney 915 10th St.,PO Box 758,Greeley,CO 80632 (970)356-4000 x 4395:FAX 352 0242 This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and delete your copy of this message." 4/27/2OO4 NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION. CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRACEWELL PUD HOMEOWNERS ASSOCIATION (a Common Interest Community) THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRACEWELL PUD HOMEOWNERS ASSOCIATION is made and entered into this day of , 2004 by William R. Roberts and Dolores A. Roberts, hereinafter referred to as"the Declarant." ARTICLE I RECITALS A. The Declarant is the owner of that certain real property located in the County of Weld, State of Colorado legally described on Exhibit"A"and platted as Bracewell PUD (a recorded plat) pursuant to the Weld County Rural Land Use Process. Exhibit "A" is attached hereto and incorporated herein by reference. B. The Declarant desires to create a Common Interest Community on the Property, pursuant to the Colorado Common Ownership Act, §38-33.3-101, Colorado Revised Statutes, et seq., as it may be amended from time to time ("the Act"), in which portions of the Property will be designated for private ownership and portions for association use ("Open Space") or"("Common Facilities"). An association of Lot owners will own part of the Property and will regulate the Open Space and other facilities C. The Declarant has caused to be incorporated under the laws of the State of Colorado, Bracewell PUD Homeowners Association ("Association"), a nonprofit corporation, for the purpose of exercising the functions herein set forth. D. The number and type of animals allowed on each Lot within the Property shall be limited in accordance with Article VI, Section 12 of this declaration. E. Declarant shall install an irrigation system such that all Lots within the Property will have irrigation water available to them at a delivery point on the Lot. The installation and maintenance of the irrigation system from the delivery point to irrigate each Lot shall be the responsibility and cost of the Lot owner. Declarant shall transfer and assign Eight (8) shares of the common stock of Whitney Irrigation Company to the Association. F:IKIMUtoberls,Billy\BraceweH PUD\Covenants 04 04 23.wpd 1 The Eight shares shall first be used to make replacement for evaporation loss from Shiloh Lake in accordance with a Decree of the Water Court, Water Division N2 1 in Case N2 02CW331, or any subsequent case, and all remaining water from the shares shall be available for irrigation use on the Lots and Open Space. Each Lot shall be entitled to 1/10th of the irrigation water available after that amount used on the Open Space and for evaporation replacement. A Lot owner may use more than 1/10th if other Lot owners do not use their full 1/10th. The allocation of such unused water shall be by the Board of Directors. All Lots within the Property shall share in the costs incurred by the Association to pay the assessments on the Eight shares of the Whitney Irrigation Company, and provide distribution of irrigation water to all Lots and Open Space, including but not limited to all costs and expenses for maintenance, utilities and pumping. The operational costs incurred by the Association relative to the irrigation system shall be based on metered usage.The capital costs shall be allocated per Lot.The Board shall determine which costs incurred are capital costs and which are operational costs. F. Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants,conditions,and restrictions set forth in this Declaration in order to preserve the values of the individual Lots and to enhance the quality of life for all owners of such Lots. G. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, encumbered, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, and easements which are set forth in this Declaration, all of which shall run with the Property and shall inure to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. ARTICLE II DEFINITIONS The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. Section 1: "Allocated Interests" shall mean and refer to the Common Expense Liability and votes in the Association. Section 2: "Approval"or"Consent"shall mean securing the prior written approval or consent as required herein before doing, making, or suffering that for which such approval or consent is required. Section 3: "Architectural Review Committee" shall mean and refer to the committee established to review and approve plans for the construction of improvements on Lots as set forth in Article VIII of this Declaration. F:IKIMU2oberte,BIlMBracewell PUD\Covenenh 04 04 23.wpd 2 Section 4: "Association" or"Homeowners Association" shall mean and refer to Bracewell PUD Homeowners Association, a Colorado non-profit corporation established pursuant to Article IX of this Declaration. Section 5: "Bylaws" shall mean and refer to any instruments, however denominated, which are adopted by the Association for the regulation and management of the Association, including amendments to those instruments. Section 6: "Common Facilities" or "Open Space" shall mean and refer to the pumping plant and irrigation pipeline system, all rights-of-way, easements, ditches, ditch rights and water rights, Outlot"A" (a/k/a Open Space), the entrance area, landscaping in the Open Space and along Shiloh Road, Shiloh Lake, easements and facilities within or benefitting the Common Interest Community owned or leased by the Association or constructed and maintained for the benefit of Lot Owner(s) . Section 7: "Common Expense Liability" shall mean and refer to this liability for Common Expenses allocated to each Lot pursuant to this Declaration. Section 8: "Common Expenses" shall mean and refer to expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. Section 9: "Common Interest Community" shall mean and refer to the Property, including any land which may subsequently be added to and become a part of the Common Interest Community, and as added pursuant to §38-33.3-222 of the Act. Section 10: "Declarant" shall mean William R. Roberts and Dolores A. Roberts. Section 11: "Declaration" shall mean and refer to this Declaration, including any amendments hereto and also including, but not limited to, plats of the Property recorded in the Clerk and Recorder's office of Weld County, Colorado. Section 12: "Dispose"or"Disposition"shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot, but the term does not include the transfer or release of a security interest. Section 13: "Identifying Number"shall mean and refer to a symbol or address that identifies only one (1) Lot in the Common Interest Community. Section 14: "Insurer"shall mean and refer to any governmental agency or authority that insures or guarantees a mortgage and who has provided written notice of such interest to the Association. F:VUM\Roberls,BilyABracewell PUD\Covenants 04 04 23.wpd 3 Section 15: 'tot" shall mean Lots One (1) through Ten (10) as platted and designated on the plat.Additionally, Outlot"A"may be described as a Lot for purposes of these Covenants as the context requires. Section 16: "Outlot A" shall mean the Open Space as described in Section 7. Section 17: "Mortgagee" shall mean and refer to any person who has a security interest in a Lot and who has provided written notice of such interest to the Association. "First Mortgagee"shall mean and refer to a Mortgagee who has a security interest in a Lot prior to all other security interests except the security interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over the Common Interest Community. Section 20: "Person" shall mean and refer to a natural person, a corporation, a partnership, an association, a trust, or any other entity or combination thereof. Section 21: "Plat"shall mean and refer to the Plat of the Property and/or any part of the Common Interest Community as enlarged by added land recorded in the office of the Clerk and Recorder of Weld County, Colorado, and all recorded amendments thereto. Section 22: "Purchaser"shall mean and refer to a Person,other than a Declarant, who, by means of a transfer, acquires a legal or equitable interest in a Lot, other than: (a) A leasehold interest in a Lot of less than forty(40)years, including renewal options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or (b) A Security Interest. Section 22: The"Property"shall mean and refer to Lots One(1)through Ten (10) and Outlot "A"as shown and described on Exhibit"A" attached hereto and incorporated herein by reference. Section 23: "Residence"shall mean and refer to a single family residential dwelling constructed on a Lot. Section 24: "Residential Use" shall mean and refer to use for dwelling or residential purposes. Section 25: "Rules and Regulations" shall mean and refer to any instruments, however denominated, which are adopted by the Architectural Review Committee after approval by the Declarant or the Association for the regulation and management of the Common Interest Community, including any amendment to those instruments. FAKIM\Roberb,BilykBlacewell PUOMovenenb 0404 23.wpd 4 Section 26: "Security Interest" shall mean and refer to an interest in real estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security,assignment of lease or rents intended as security,pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. "First Security Interest" shall mean and refer to a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over the Common Interest Community. Section 27: "Single-family" shall mean and refer to any individual or group of persons related by blood or marriage living together in a Residence. Section 28: "Unit Owner" and/or "Lot Owner" shall mean any person that owns Lot(s)One (1)through Ten (10). ARTICLE III COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Bracewell PUD. Section 2: Association. The name of the Association is Bracewell PUD Homeowners Association. Section 3: Planned Community. The Common Interest Community is a planned community. Section 4: County. The name of the county in which the Common Interest Community is situated is Weld County, Colorado. Section 5: Legal Description. A legal description of the Property(Lots 1 through 10 and Outlot"A")included in the Common Interest Community is described on Exhibit"A" attached hereto and incorporated herein by reference. Section 6: Maximum Number of Lots. The maximum number of Lots that the Declarant reserves the right to create within the Common Interest Community for residential purposes is Ten (10). Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat. The Plat sets forth the Lot's Identifying Number. F:KIM1Robe,b,BillyMBracewell PUD\Covenenb 04 04 23.wpd 5 Section 8: Allocated Interests. The Common Expense Liability and votes in the Association shall be allocated among the owners as follows: (a) Each Owner's share of the Common Expenses 1/10th, except as described in Section E. (b) Owner(s) shall be entitled to one (1)vote for each Lot owned. Section 9: Notice. Notice of matters affecting the Common Interest Community may be given to Lot owners by the Association or by other Lot Owners in the following manner: notice shall be hand delivered or sent prepaid by United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Such notice shall be deemed given when hand delivered or when deposited in the United States mail. ARTICLE IV ASSOCIATION Section 1: Authority. The business and affairs of the Common Interest Community shall be managed by the Association. The Association shall be governed by its Bylaws as amended from time to time. Section 2: Powers. The Association shall have all of the powers, authority, and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Common Interest Community. The Association may assign its future income, including its rights to receive the Common Expense Assessments, only by the affirmative vote of the Lot Owners of Lots to which at least sixty-seven percent(67%) of the votes in the Association are allocated at a meeting called for that purpose. Section 3: Declarant Control. The Declarant, or persons designated by it, may appoint and remove the officers and members of the Board of Directors of the Association until 7 Lots have been sold or January 1, 2005, whichever is earlier. The period of Declarant control as herein set forth is subject to the limitations of Section 38-33.3-303(5) and (7) of the Act. ARTICLE V SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 1: Special Declarant Rights. Declarant hereby reserves the right for a period of five (5) years after this Declaration is recorded in the office of the Clerk and Recorder of Weld County,Colorado,to perform the acts and exercise the rights hereinafter specified ("the Special Declarant Rights") . Dedarant's Special Declarant Rights include the following: F:1KIM\Roberts,Bi11y1Bracawell PUD\Covenanb 04 04 23.wpd 6 (a) Completion of Improvements. The right to complete improvements indicated on the Plat. (b) Exercise of Developmental Rights. The right to exercise any Special Declarant Rights reserved in Article V of this Declaration. (c) Sales and Marketing. The right to maintain signs advertising the Common Interest Community. (d) Construction Easements. The right to use easements through the Common Elements for the purpose of making improvements within the Common Interest Community orwithin the Property which may be added to the Common Interest Community or appurtenant thereto. (e) Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any Executive Board member, except that this Special Declarant Right shall be limited to the time period and condition set forth in ARTICLE IV, Section 3 above. (f) Amendment of Declaration. The right to amend the Declaration in connection with the exercise of any Special Declarant Rights. (g) Amendment of Plat. The right to amend the Plat in connection with the exercise of any Special Declarant Rights. Section 2: Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 1 above, Declarant also reserves the following additional rights ("the Additional Reserved Rights"): (a) Dedications. The right to establish, from time to time, by dedication or otherwise, utility and other easements over, across, and upon the Common Elements for purposes including, but not limited to, streets, paths, walkways, drainage, open space, water and irrigation structures,and to create other reservations,exceptions,and exclusions over, across, and upon the Common Elements for the benefit of and to serve the Lot Owners within the Common Interest community. (b) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance, or regulation of Common Elements,which may or may not be a part of the Common Interest Community for the benefit of the Lot Owners and/or the Association. (c) Other Rights. The right to exercise any Additional Reserved Right created by an other provision of this Declaration. FAKIM\Roberts,BiIly\Bracewell PUD\Covenants 04 04 23.wpd 7 Section 3: Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of the Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE VI USE AND OTHER RESTRICTIONS Section 1: Land Use and Building Types. No Lot shall be used except as the site of a detached single family dwelling along with guest facilities, private garage, storage shed or private shop and work area building, none of which need be attached to the single family dwelling. All improvements on each Lot shall meet the requirements of Article VII, "Architectural Standards" of this Declaration. Section 2: Use. No person that does not reside on the Lot shall work on the Lots as regular work duties,except domestic household help,lawn and garden caretaker,in the engagement of construction and maintenance of facilities on the Lots, and the Declarant in the development and sale of the Common Interest Community. Home occupation shall be allowed subject to reasonable regulations adopted by the Association. The Association may adopt such other rules for the Common Interest Community as may be reasonably required to ensure that there are no apparent visits by customers, clients, and service vehicles to the Residence. Section 3: Buildings. No building, fence, barn, corral, paddock, or other permanent structure shall be located on any Lot without first obtaining the written consent of the Architectural Review Committee,approving the proposed location.Location approval shall be based upon the same not obstructing any view corridors or be considered an obstruction to any other Lot within the common Interest Community. All such buildings shall be pursuant to the style,design and other requirements as provided in guidelines and rules established at Section 2, Article VII and shall match the materials and style of the main residence. Section 4: Easements. Easements for the installation and maintenance of utilities, irrigation, landscaping, and drainage facilities are reserved as shown on the Plat, or those that may be recorded at a later date. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities,which may change the direction of flow of drainage channels in the easements which hinders or obstructs the use of the irrigation system,or which adversely affects landscaping installed by the Declarant. If any landscaping or structure is installed which violates such requirements,the Association may give the property owner written notice to remove such landscaping or structure within no less than fifteen (15) days after such notice is given, and if the owner fails to move the landscaping or structure within that time,the Association may have such work done at the F:\KIM\Roberts,Bi11y1Bracewell PUU\Covenants 04 04 23.wpa 8 expense of the owner of the Lot. If the work is done by the Association at the owners expense, the owner shall pay for such work within ten (10) days after notice is given in writing to the owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. The easement area of each Lot and all improvements on it shall be maintained continuously by the owner of the Lot, except for those improvements or landscaping for which the Association, a public authority or utility company is responsible. Section 5: Maintenance of Vacant Lots. The owner of each Lot shall plant and maintain grass on it periodically mow such grass and other vegetation; and remove any trash or other debris. If an owner fails to maintain a vacant Lot in accordance with such requirements, the Association shall have the right to plant and maintain grass on it; periodically mow such grass and other vegetation; and remove any trash or other debris. The Association shall establish and charge reasonable fees to the owners of such vacant Lots, for such services. Such services shall be deemed a service charge from the Association made solely to the owners of each of such vacant Lots. The owner shall be liable for reasonable attorneys, fees and costs incurred by the Association in collecting such service charge. Section 6: Maintenance of Landscaping. Within six(6)months after issuance of a Certificate of Occupancy for a residence on each Lot,the owner of such Lot shall plant at least ten (10) trees. Five (5) of the ten trees must have trunks that are at least three inches(3")in diameter when planted, and at least three(3)of the remaining five (5)trees shall be evergreens, which shall be 6 to 8 feet in height when planted. No trees may be planted over the leach field.The location of the trees,which impact the west or south views of another Lot shall be subject to approval of the Architectural Review Committee. The landscaping on each Lot shall be maintained by the owner, subject however, to the right of the Association to perform any maintenance deemed necessary or desirable to maintain the high standards established for the Property, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owners Lot in accordance with such requirements, the Association may give the property owner written notice to perform necessary maintenance within no less than fifteen (15)days after such notice is given, and if the owner fails to perform such maintenance work within that time, the Association may have such work done at the expense of the owner of the Lot. If the work is done by the Association at the owners expense,the owner shall pay for such work within ten (10)days after notice is given in wilting to the owner as to the cost of such work. If the owner fails to pay within said time and the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner,all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 7: Maintenance of Exteriors of Residences and other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Property shall be F:1KIM\Roberb,BilMBracewell PUD\Covenanb 04 04 23.wpd 9 maintained in good, attractive condition by the owners thereof. All residences shall be repainted or re-stained periodically as needed. The Association may require an owner to paint or stain his or her residence and other buildings, and upon such owner's failure to do so, the Association may cause such residence or other buildings to be painted or stained and to assess such owner for the costs incurred thereby. If any owner fails to maintain the exterior of a building on such owner's Lot in accordance with the foregoing requirements, the Association may give the owner written notice to perform such work within no less than fifteen (15) days after such notice is given, and if the owner fails to perform such work within that time, the Association may have such work done at the expense of the owner. If the work is done by the Association at the owner's expense,the owner shall pay for such work within three(3)days after notice is given in writing to the owner as to the cost of such work. If the owner fails to pay within that time and if the Association thereafter incurs reasonable attorney's fees and costs in collecting such amount from the owner, all such attorney's fees and costs incurred shall likewise be a debt owing by the owner to the Association. Section 8: Title to Common Facilities, Shiloh Road and Open Space. The Declarant may retain legal title to all or part of the Common Facilities, and Open Space until such time as, in the opinion of the Declarant, the Association is able to maintain the same. However,the Declarant shall convey the Open Space and Common Facilities to the Association not later than thirty(30)days after the date when the Declarant is fee simple owner of only 4 Lots, exclusive of the Common Facilities street and easements. Certain Common Facilities may be located within Open Space or easement areas shown on the Plat, and the Association shall be deemed the beneficiary of such facilities. Shiloh Road shall be constructed according to Weld County standards and when accepted shall become a Weld County maintained public road. Section 9: Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities and Open Space shall be subject to the following: A. The rights of the Association, as provided by its Articles or Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid;and for any period not to exceed thirty(30) days for any infraction of its published rules and regulations; and B. The right of the Association to limit the number of guests of members and the circumstances under which guests may use the Common Facilities and/or Open Space. Section 10: Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. A majority of the Lot owners voting shall determine which activities are noxious or offensive. F:4UMWoberts,Billy%Bracewell PUD\Covenants 04 04 23.wpd 10 Section 11: Temporary Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shelter, garage, barn or other outbuilding shall be permitted on any Lot at any time, either temporarily or permanently, except by the Declarant during the process of construction, or as approved by the Architectural Review Section 12: Animals. Except as set forth in this Section 12,no animals, livestock, birds, or poultry of any kind shall be raised, bred or kept on any Lot, except that three (3) dogs and three(3)cats and other indoor, household pets may be kept if they are not kept, bred, or maintained for any commercial purpose. The Association may promulgate rules and regulations concerning animals. No animals shall be allowed to remain tied or chained upon the Common Facilities, and any animal so tied or chained may be removed by the Association or its agents. All dog runs shall be screened from view and are subject to approval like any other structures. Pets may be walked on the Common Facilities only when accompanied by a Lot owner, member of the household or person caring for the pet and Lot owners shall clean up after their pets. Any pet constituting a nuisance may be ordered by the Association to be kept within the enclosed portion of its owner's Lot, or ordered expelled from the Property. Any animal making a continuous noise, such as barking,which carries to other Lots, shall be considered a nuisance. Each owner shall be responsible for any damage caused by his or her animals. Section 13: Recreational Vehicles. No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on Shiloh Road,driveways, Lots,or be allowed to remain anywhere within the Property,except when sheltered within a garage, approved outbuilding or behind an approved screen. The location and screening method for each recreational must be approved in advance by the Architectural Review Committee. Section 14: Aerials-Antennas. No television antenna, radio antenna, aerial or similar equipment of any design shall be mounted on the exterior of any building or erected on any other portion of any Lot. No activity shall be conducted on any Lot which interferes with television or radio reception on any other Lot. Section 15: Satellite Dishes. Satellite dishes may be installed and maintained if screened from the view of other owners and occupiers of Lots. The location and screening method for each satellite dish must be approved in advance by the Architectural Review Committee. Section 16: Fencing. No fence shall be erected on any Lot within the Property except as approved in advance by the Architectural Review Committee. A. Perimeter fences that border on a street or road,the fence shall be provided by the Declarant and shall be three (3) rails of vinyl material. F:\KIM\Raberts,BiIIyAB,acewetl PUD\Covenants 040423.wpd 1 1 B. Internal fences must be approved by the Architectural Review Committee and in accordance with the guidelines and rules promulgated pursuant to Section 2, Article VII. C. No barbed wire or electric fence shall be allowed anywhere within the Property. D. No privacy fence (higher than six feet in height) shall be allowed within an area defined as being thirty feet from any outside wall of a residence. All fencing material must match the material and color of the house and aesthetically fit the fencing in the common area as determined by the Architectural Control Committee. Section 17: Wind or Solar-Powered Generators. No wind-powered or solar- powered generator or pump may be installed on any Lot, unless its location and design is approved in advance by the Architectural Review Committee. Section 18: Unsightly Uses. All Lots shall at all times be maintained in a dean and sanitary condition, and no litter or debris shall be deposited or allowed to accumulate on any Lot. All landscaping, including grass, shall be irrigated, trimmed and maintained in good condition at all times. Refuse piles and other unsightly objects or materials shall not be allowed to be placed or to remain upon any Lot. Trash containers shall be placed in inconspicious locations. Nothing unsightly shall be hung from windows, railings, or fences. Clotheslines or other devices for hanging clothes in the open air shall be allowed if screened from the view of other Lots. Section 19: Trash Removal. All residents within the Property shall have their trash picked up by the same trash-hauling company, on the same day of the week. At each annual meeting of the Association, the Association shall pick the trash-hauling company and the day of the week for the upcoming year. Nothing in this Section 18 shall prohibit a resident within the Property from hauling trash or debris for himself or herself. Each resident within the Property shall be separately liable for the trash-hauling charges attributable to his or her Lot. Section 20: Mineral Exploration. No Lot within Bracewell PUD shall be used to explore for or to remove any oil, gas, gravel, or minerals of any sort. Section 21: Hunting. A primary feature of the Open Space and Shiloh Lake, and the purpose for the construction of the Lake and Lots is to allow hunting on the Lake and in the Open Space. For this reason hunting on Shiloh Lake, and in the Open Space south and west of the Lake, by the Lot owners, and their accompanied guests, shall never be denied or regulated by any person,law,regulation or amendment of this Declaration,other than permitted in this Section. No hunting of any type shall be permitted on the Lots, but hunting shall be allowed in the Open Space, south and west of Shiloh Lake and on the F:\KIM\Robe,ts,BiIIy'Braoewell PUI3\Covenants 04 04 23.wpd 12 Lake at times,hours and seasons to be determined by the Board.All Lot owners are aware that hunting is permitted pursuant to County, State and Federal laws and regulations on adjoining properties and Declarant cannot control hunting activities on the surrounding properties. Section 22: Right to Farm. Rural land surrounding the Property is used for agriculture. Persons moving to the Property must recognize that there are agricultural practices ongoing and which may continue in the agricultural land surrounding this property. A. Agricultural users of rural land should not be expected to change their long- established agricultural practices in order to accommodate the intrusions of urban users into their area. Well run agricultural activities will generate off- site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest, and dirt roads; odor from animal confinement, silage and manure;smoke from ditch burning;flies and mosquitoes;wildlife; the use of pesticides, herbicides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved without threatening the efficient delivery of irrigation to fields which is essential to farm production. B. The rural nature of this Property is such that law enforcement response time will be slower than in an urbanized area. Snow removal will be slow, if it is done at all. Children are exposed to different hazards in rural areas than in urban settings. Farm equipment,ponds,irrigation ditches,electrical pumps, sprinkler systems,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 surrounding agricultural interests. Section 23: Home Occupations. The conduct of a home occupation within a Residence on a Lot shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: 1. Such home occupation shall be conducted only within the interior of the dwelling and shall not occupy more than twenty-five percent (25%) of the floor area within the dwelling. 2. The home occupation shall be conducted only by the residents of the dwelling, and no nonresidents shall be employed in conjunction with the home occupation carried on in the dwelling. 3. No retail sales shall be conducted on the Lot. F:1KIM\Robe,h,Bily\Bracewell PUD\Covenants 04 04 23.wpd 13 4. The conduct of such home occupation must be of a type permitted under the zoning ordinance of the County of Weld. 5. No evidence of a home occupation shall be visible from outside the dwelling unit. Section 24: Disabled Vehicles. Disabled automobiles shall not be stored on Shiloh Road, driveways, or lots within the Property. No person shall repair or rebuild any vehicle within the Property, except within a garage. Cars allowed on the streets and driveways in the Property must at all times be operable, currently licensed, and maintain a current inspection sticker(if such inspection is required by a governmental entity). Section 25: Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. No Lot owner may lease less than the entire residence. B. Any lease agreement shall be required to provide that the terms of this lease shall be subject in all respects to the provisions of this Declaration, and the Bylaws of the Association, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. C. All leases shall be in writing and for a term not less than thirty(30)days. Section 26: Trees and Ground Cover. No grading or other soil or earthwork shall be performed on a Lot until plans for placing improvements on such Lot have been properly approved by the Architectural Review Committee, and then only to the extent contemplated by such approved plan. After completion of each set of improvements on a Lot, the ground shall be restored, as nearly as possible, to its original contours and appearance. Contour changes of more than one foot from existing grades shall require the approval of the Architectural Review Committee. All excavations must be in accordance with the drainage plans for the PUD and each Lot shall drain water to Shiloh Lake rather than onto another Lot. Section 27: Hazardous Materials. Storage, use or disposal of hazardous or radioactive materials within the Property is prohibited, unless specifically approved in advance by the Architectural Review Committee. Section 28: Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically integrated into the structure they serve or be screened from the view of the street and adjacent Lots and streets. All solar devices, and their placement, must be approved by the Architectural Review Committee. F:0(IMUtoberts,Bllly%Bracewell PUD\Covenants 04 04 23.wpd 14 Section 29: Commencing and Finishing Construction. Once construction of any structure is commenced on any Lot,with the prior approval of the Architectural Review Committee,such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Committee,within nine months of commencement,or such longer time as the Architectural Review Committee has reasonably consented to, in light of the nature of the project or other factors. Commencement of construction shall be deemed to commence with the first substantial construction activity(including earthwork). Section 30: Rebuilding. Any structure which is destroyed in whole or in part by fire,windstorm or from any other cause or act of God must be rebuilt,or all debris must be removed and the Lot restored to a sightly condition, within six months of the time the damage occurs. Section 31: No Trucks or the Like. No trucks; trail bikes; recreational vehicles; snowmobiles; campers; trailers; personal watercraft, boats; boat trailers; vehicles other than passenger vehicles or pickup or utility trucks with a capacity of one ton or less; shall be parked, stored or otherwise kept on any Lot or street within the Property, unless kept in a closed garage, approved outbuilding or behind an approved screen. The foregoing restrictions shall not be deemed to prohibit commercial and construction vehicles from making deliveries or otherwise providing services to the Lots,in the ordinary course of their business. Section 32: Outside Lighting. No exterior lighting shall be installed or maintained on any Lot except as approved by the Architectural Review Committee. All such exterior lighting shall be located only in locations or upon structures as approved. All such lighting must be in enclosed recessed fixtures and designed or styled to shine"down"rather than up or horizontal. Exposed light sources will not be permitted. Section 33: No Subdivision. No Lot shall be subdivided or utilized for more than one detached single family dwelling (with associated outbuildings and structures)without the prior approval of the Architectural Review Committee and the approval of the governmental entity having jurisdiction over the Property. Section 34: Advertising. Declarant may maintain advertising signs on the Common Facilities within the Property, subject to state laws and local ordinances. Section 35: Entrance Ways. The owner of each Lot shall install entranceway columns (one on each side of the entryway) shall be required with such columns to be masonry, which shall match the main entrance, incorporate the mail box and display the Lot address and be constructed not less than four feet(4')high nor more than six feet(6') high and shall be not less than twenty four inches (24") in width on each side. F:\KIM1Roberls,BillyABracewell PUD\Covenanb 04 04 23.wpe 15 Section 36: Irrigation System. Declarant shall install a system of underground pipelines including pumping system,valves,meters and other appurtenances such that all Lots within the Property will have irrigation water available to them. All Lots within the Property shall share in all costs incurred by the Association to pay the Whitney Ditch assessments,and provide distribution of irrigation water to all Lots including pumping plant, utility costs and maintenance expenses. Lots 1-5 shall be entitled to receive and use irrigation water through the underground system on Monday,Thursday and Saturday.Lots 6-10 shall be entitled to receive and use irrigation water through the underground system on Sunday, Tuesday and Friday; The Open Space may be irrigated and it shall use and receive water on Wednesdays. A. The Association's Board of Directors or any agents appointed by it may adjust the above schedule for the Association's water supply and for the availability of irrigation water in the best interest of the Association. Irrigation water through the irrigation system will be available only during April through October and will depend on the deliveries of the Whitney shares. The irrigation season of the Whitney Ditch varies every year due to water conditions and snow-pack but the irrigation season normally starts on or about April 15"' and ends on or about October 15"' of every year. B. The costs incurred by the Association relative to irrigation water and all associated expenses and costs thereof shall be borne by the owners of all Lots as described in Section E. The Association shall be solely responsible for the repair, maintenance, alteration, replacement or improvement of the irrigation system which delivers water to a delivery point on each Lot. However, the cost of purchasing, installing, operating, repairing and maintaining any pump, power source, hose, box, pipeline or related equipment to provide the distribution of irrigation water from the main system onto each Lot shall be the responsibility of the Owner of each such Lot. C. The Declarant installed irrigation system receives direct irrigation water and water from Shiloh Lake which may contain dirt and other foreign materials that could clog or plug irrigation systems so Lot owners should take appropriate measures to avoid problems with their irrigation systems. D. The Association shall indemnify the Declarant against, and hold it harmless from,any liability whatever for any personal injury or property damage claim relating to the condition of said irrigation system arising from any circumstance or incident occurring after the system is installed and ownership transferred to the Association. The Association's Board of Directors shall have the right to make reasonable rules and regulations from time to time regarding the use of water and of the irrigation system, which rules and regulation shall be binding upon the owners forthwith after notice to them of their adoption. The Association shall have the right to recover damages and/or reasonable penalties from Lot owners who waste the supply F:\KIMVtoberts,Billy\Bracewell PUD\Covenanb 04 04 23.wpd 16 of water or otherwise exceed their water allotment, to the detriment of the Association and other owners within the Property. The Association may refuse to allow water to be supplied to any Lot owner who is two (2) months or more delinquent in the payment of assessments to the Association, or who repeatedly and flagrantly wastes water. Each Lot within the Property shall be subject to the rights of the Declarant and the Association to enter upon such Lot, with such agents and equipment as may be necessary or desirable for the purposes of installing, maintaining, repairing, altering, enlarging, replacing, inspecting, or improving such irrigation system. Any owner who installs any pump, power source, hose, holding box, pipeline, or related equipment shall have no right whatever to affect adversely the flow of water and convenient use of the irrigation system for any other Lot within the Property. The provisions of this Section 36 may be enforced by any affected Lot owner(s) and/or the Association. E. Declarant has conveyed to the Association Eight(8) shares of the common stock of Whitney Irrigation Company and, in accordance with the rules of Whitney Irrigation Company, and the Association is bound by all rules and regulations of the Whitney Irrigation Company. F. All water and water rights, ditch and ditch rights and appurtenant facilities, including but not limited to pipelines, irrigation ditches, division boxes, pumping plants and other structures owned by Declarant are transferred to the Association. Section 37: Boating, Swimming and Fishing. The primary feature of the Open Space and Shiloh Lake, and the purpose for the construction of the Lake and Lots is to allow the exercise of boating, swimming and fishing on the Lake. For this reason boating, swimming and fishing on Shiloh Lake by the Lot owners, and their accompanied guests, shall never be denied or regulated by any person, law, regulation or amendment of this Declaration, other than permitted in this Section. Fishing shall include fishing from the shore or by boat, but the number of fish taken in a given time period may be reasonably regulated by the Board of Directors, nevertheless the reasonable right of Lot owners or their accompanied guests to fish shall not be denied. Boating shall include all forms of recreational boating,water skiing and various forms of boat towed devices and activities, personal watercraft, canoes, kayaks, sailboats and other types of non-motorized craft. Recreational boating and swimming shall be limited to the period between dawn and dusk each day for safety and quality of life purposes. Boating for fishing purposes may occur at all times, but motor noise shall be limited such that it does not unreasonably disturb other residents as determined by the Board.All boat motors shall be muffled so as to minimize noise. Nevertheless, the reasonable right of Lot owners or their accompanied guests to boat and swim shall not be denied or regulated other than permitted in this Section. The Lot owners or members of their family must be present during the operation of the boats. Fishing and boat docks and garages shall be allowed but their construction shall be approved by the Architectural Control Committee. F:\KIM\Roberts,BiII)ABracewell PUD\Covenants 04 04 23.wpo 17 ARTICLE VII ARCHITECTURAL STANDARDS Section 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,color and location of the same have been submitted to and approved in advance by the Architectural Review Committee in writing. No landscaping shall be installed on any Lot, or altered thereafter, unless a landscaping plan showing the nature,type, height, and location of the proposed landscaping improvements has been submitted to and approved in advance by the Architectural Review Committee,in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Committee must be obtained for any of the following: (I)attachments to the exterior of a structure, (ii)installation of greenhouses, (iii) installation of patio covers, landscaping, screening, trellises and the like, (iv) change in exterior paint colors, (v)installation of any barn, corral, shed, or storage building and (vi) any other exterior change, including cosmetic changes such as garage doors,shutters and the like. The authority of the Architectural Review Committee shall extend to the quality, workmanship and materials for any structure proposed;conformity and harmony of exterior design,color and finish with existing structures within the Property;location of all structures with respect to the existing buildings, topography and finished ground elevation; the total number of structures and all other matters required to assure that such structures enhance the quality of the Property and are erected in accordance with the plan for the Property. The exterior walls of all main dwellings which face Shiloh Road shall have at least 20% of such exterior surface covered with stone or stone type material as approved by the Architectural Review Committee. Section 2: Guidelines and Rules. The Architectural Review Committee may adopt Guidelines and Rules governing the type of structures to be permitted in the Property, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Property, so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of Lots to single family residential buildings; guarding against unnecessary interference with the natural beauty of the Property;and prohibiting improper uses of adjoining properties in the Property, all for the mutual benefits and protection of all owners. All residences shall have an in house fire suppression system. Section 3: Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 2000 square feet of finished living space. No building shall exceed 40 feet in height,and no building shall exceed two stories and loft as viewed from the street side. One lower level is allowed and may be exposed to daylight. Earth sheltered homes shall not be permitted. All dwellings must be constructed on site. F:\KIM\Robe,ts,BiII)ABracewell PUo\Covenants 04 04 23.wpd 18 Section 4: Garages and Parking. Garages and Parking. Each residence shall include an attached garage having space for not less than two automobiles. An additional garage may be constructed Section 5: Materials and Workmanship. All improvements shall be constructed of good and suitable materials, and all workmanship shall result in first class construction and shall be accomplished in a good and workmanlike manner. Section 6: Accessory Buildings. Barns, garages, as well as small sheds for storage of lawn furniture, yard equipment, gardening equipment, and similar type items, which are well constructed and neat of appearance,shall be permitted, providing the size, design, material, color and location of said structure shall be subject to prior approval by the Architectural Review Committee.The material and color shall fit with the main dwelling as determined by the Architectural Review Committee. ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE Section 1: Establishment and Membership of Architectural Review Committee. An Architectural Review Committee has been established by Declarant. The Architectural Review Committee shall continue until such time as the Association may be dissolved. The Architectural Review Committee shall initially consist of three(3)members appointed by Declarant. Until seven (7) Lots within the Property have been sold by the Declarant, or January 1,2005,whichever date occurs first,the Declarant shall appoint the Architectural Review Committee, including replacement members for any person who retires, resigns, or otherwise becomes unavailable for service as a member or alternate member of the Architectural Review Committee. The Association shall name the members of the Architectural Review Committee, once the Declarants exclusive right to do so ceases. Members of the Architectural Review Committee appointed by Declarant may be removed at any time by Declarant and shall serve until they resign or are removed by Declarant. Members of the Architectural Review Committee appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until they resign or are removed by the Association. Section 2: Professional Builder. The owner of each Lot shall retain a qualified, professional contractor to construct the residence and all significant improvements on such owner's Lot. Section 3: Address of Architectural Review Committee. The address of the Architectural Review Committee shall be at the principal office of the Association. Section 4: Submission of Plans. Prior to commencement of work to accomplish any proposed improvement to property,the person proposing to make such improvement to property ("Applicant") shall submit to the Architectural Review Committee at its offices F:\KIM Roberts,BillyMBracewell PUD\Covenants 04 04 23.wpd 19 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. Section 5: Criteria for Approval. The Architectural Review Committee shall approve any proposed improvement to property only if it deems in its reasonable discretion that the improvement to property in the location indicated will not be detrimental to the appearance of the surrounding areas of the development as a whole;that the appearance of the proposed improvement to property will be in harmony with the surrounding areas of the development area; that the improvement to property will not detract from the beauty, wholesomeness and attractiveness of the development area or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed improvement to property will not become a burden on the Community Association. The Architectural Review Committee may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Committee may deem appropriate. Section 6: Architectural Review Committee Guidelines or Rules. The Architectural Review Committee shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. Section 7: Architectural Review Fees. The Architectural Review Committee may, in its Guidelines and Rules, provide for payment of fees to accompany each request for approval of any proposed improvement to property. The Architectural Review Committee may provide that the amount of such fees shall be uniform for similar types of any proposed improvement to property, or the fees may be determined in any other reasonable manner, such as based upon the reasonable cost of the proposed improvement to property. Section 8: Decision of Architectural Review Committee. The decision of the Architectural Review Committee shall be made within fifteen (15)days after receipt by the Architectural Review Committee of all materials required by the Architectural Review Committee. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property,the reason therefor shall be stated.The decision of the F:IKIMVtobeNs,Billy‘Bracewell PUDICovenants 04 04 23.wpd 20 Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Committee. Section 9: Failure of Architectural Review Committee to Act on Plans. Any request for approval of a proposed improvement to property shall be deemed approved as proposed, unless disapproval or a request for additional information or materials is transmitted to the applicant by the Architectural Review Committee within fifteen(15) days after the date of receipt by the Architectural Review Committee of all required materials. Section 10: Notice of Completion. Promptly upon completion of the improvement to property,the applicant shall give written notice of completion to the Architectural Review Committee and,for all purposes hereunder,the date of receipt of such notice of completion by the Architectural Review Committee shall be deemed to be the date of completion of such improvement to property. Section 11: Inspection of Work. The Architectural Review Committee or its duly authorized representative shall have the right to inspect any improvement to property prior to or after completion,provided that the right of inspection shall terminate fifteen(15) days after the Architectural Review Committee shall have received a notice of completion from the applicant. Section 12: Notice of Noncompliance. If,as a result of inspections or otherwise, the Architectural Review Committee finds that any improvement to property has been done without obtaining the approval of the Architectural Review Committee or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Committee or was not completed within one year after the date of approval by the Architectural Review Committee,the Architectural Review Committee shall notify the applicant in writing of the noncompliance which notice shall be given, in any event, within thirty (30) days after the Architectural Review Committee receives a notice of completion from the applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. Section 13: Failure of Architectural Review Committee to Act After Completion. If,for any reason other than the applicant's act or neglect, the Architectural Review Committee fails to notify the applicant of any noncompliance within thirty(30)days after receipt by the Architectural Review Committee of written notice of completion from the applicant, the improvement to property shall be deemed in compliance if the improvement to property was, in fact, completed as of the date of notice of completion. Section 14: Correction of Noncompliance. If the Architectural Review Committee determines that a noncompliance exists,the applicant shall remedy or remove the same within a period of not more than forty-five (45)days from the date of receipt by the applicant of the ruling of the Architectural Review Committee. If the applicant does not F;KIM\Roberts,Bily\Bracewell PUD\Covenants 04 04 23.wpd 21 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 noncomplying improvement, or may otherwise remedy the noncompliance, and the applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the applicant or owner to the Association, the Association may levy a reimbursement assessment against the owner for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. Section 15: No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Committee or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Committee or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Committee of any improvement to property shall not constitute approval of, or obligate the Architectural Review Committee to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. Section 16: Architectural Review Committee Power to Grant Variances. The Architectural Review Committee may authorize variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Committee. If any such variance is granted, no violation of the provisions of this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted;provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration or any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the Property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. Section 17: Compensation of Members. Members of the Architectural Review Committee shall receive no compensation for services rendered,exceptfor its professional members, who shall be reasonably compensated for their services. All members shall receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. F:UUM\Roberb,BIIMBracewell PUD\Covenenb 04 04 23.wpo 22 Section 18: Meetings of Architectural Review Committee. The Architectural Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Committee may, from time to time, by resolution in writing adopted by a majority of the members,designate a Architectural Review Committee Representative (who may, but need not, be one of its members) to take any action or perform any duties for or on behalf of the Architectural Review Committee, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Committee Representative within the authority of such Architectural Review Committee Representative or the written consent or the vote of a majority of the members of the Architectural Review Committee shall constitute action of the Architectural Review Committee. Section 19: Records of Actions. The Architectural Review Committee shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Committee and the Architectural Review Committee shall keep a permanent record of such reported actions. Section 20: Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Committee, furnish a certificate with respect to the approval or disapproval of any improvement to property or with 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. Section 21: Nonliability for Architectural Review Committee Action. None of the Architectural Review Committee,any member of the Architectural Review Committee, any Architectural Review Committee Representative, the Association, any member of the Association's Board of Directors or Declarant shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Architectural Review Committee unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter,the Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of, an improvement to property be deemed approval of the improvement to property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. ARTICLE IX THE ASSOCIATION Section 1: Articles of Incorporation and Bylaws. The interests of all Lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Bracewell PUD Homeowners Association and by this Declaration. In the event of a F:UUM\Roberts,Billy\Brecewell PUDtCovenants 04 04 23.wpd 23 conflict between the provisions of this Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling. Section 2: Membership. Each owner of a Lot, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. Section 3: Examination of Books by First Mortgagee. The holder of any recorded first mortgage or deed of trust on a Lot in the Property will, upon request, be entitled to: (a) Inspect the books and records of the Association during normal business hours; (b) Receive an annual financial statement of the Association within ninety(90) days following the end of each fiscal year of the Association; and (c) Written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings. Section 4: Powers.The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Open Space and Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least100 percent of the first mortgagees of Lots(based upon one vote for each first mortgage owned or held)have given their prior,written approval, and except or otherwise provided herein, the Association shall not be empowered or entitled to: (a) By act or omission, seek to abandon or terminate the Declaration; (b) By act or omission,seek to abandon,partition,subdivide, encumber, sell or transfer the Open Space; and (c) Use hazard insurance proceeds for loss to the Open Space and Common Facilities improvements for other than repair,replacement or reconstruction of such improvements. Section 5: Open Space, Shiloh Lake and Shiloh Road Maintenance and Operation. The maintenance and operation of the Open Space, Common Facilities, and Shiloh Lake shall be the responsibility and the expense of the Association, and the costs therefor shall be an Association expense of all the Lot owners in equal proportion, 1/10th to each Lot. Shiloh Road is a Weld County maintained public road. The Association reserves the right to provide for snow removal or road maintenance, including paving of Shiloh Road, which expense shall be allocated as set forth above. Declarant shall initially F:\RIMVtoberts,BIIlyABracewell PUD\Covenents 04 04 23.wpd 24 install the irrigation system; thereafter, the costs of maintaining, operating, repairing, and replacing such system shall be borne by the Association. Section 6: Open Space Additions, Alterations, or Improvements - Limitations. There shall be no additions, alterations, or improvements of or to the Open Space or Common Facilities by the Association requiring an assessment in excess of Five Hundred Dollars ($500.00) per Lot in any one calendar year without the prior, written approval of a majority of the members of the Association voting in accordance with the quorum and voting provisions of the Bylaws of the Association, at a special or regular meeting of the Association members. Section 7: Fire Protection. The Declarant has provided fire hydrants and the Homeowners Association shall be responsible for maintenance of these fire hydrants. Section 8: Formula for Determining Assessments. Declarant shall pay all common expenses through 2004. Commencing for calendar year 2005 and subsequent years, assessments shall be made no less frequently than annually and shall be based upon a budget adopted no less frequently than annually by the Association. All assessments shall be apportioned among all Lots within the Property, 1/10th to each Lot. The owners of each Lot on which a Certificate of Occupancy has been issued for a residence by June 1 of such preceding year shall pay assessments that are double the assessments for Lots on which no such completed residence exists as of said date. If an annual assessment is not made as required, an assessment shall be presumed to have been made in the amount of the last prior assessment. Section 9: Based Upon Budget. Assessments shall be based upon the budget which shall be established by the Board of Directors at least annually, which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the Lot owners to provide for the payment of all expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the Common Facilities and Open Space, which sum may include, but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance,landscaping and care of grounds;repairs and renovations;wages; common water charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the Lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit remaining from a previous period; for the creation of reasonable contingency reserve, working capital and sinking funds as well as other costs and expenses relating to the Common Facilities; and for maintaining a reserve fund for replacement of Common Facilities, which shall be funded by regular monthly payments rather than special assessments.The contingency reserve should also provide adequate funds for maintenance and snow removal on Shiloh Road as well as accumulating funds over a period of ten years to provide resurfacing for Shiloh Road, should it not be F:\KIM\Roberts,Bill\ABnacewell PUD\Covenants 04 04 23.wpd 25 completed by Weld County in a timely manner. The Association shall comply with the requirements of Section 38-33.3-303(4)of the Colorado Common Interest Ownership Act, relative to the proposal and adoption of such budget. Section 10: Assessments For Other Charges. The Association shall have the right to charge Lot owners for special services provided by the Association to such owner including, but not limited to, those matters set forth in Articles VI and VIII of this Declaration. That is, such services shall be deemed to have been provided for the exclusive benefit of such Lot owners under Section 38-33.3-315(3)(b) of the Act. The Association shall also have the right to charge a Lot owner for any expense caused by the misconduct of such Lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charges or charges due to misconduct that are not paid when due;said lien shall include court costs and reasonable attorneys' fees incurred by the Association in collecting said charges. Section 11: No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common Facilities, and no other assessments, debts or other obligations are assumed by Lot owners, other than as set forth herein. Section 12: Assessments. The total amount of expenses and special service and misconduct charges assessed against each Lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment of any of the Common Facilities or by abandonment of his Lot. An owners loss of a Lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owners liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take prompt action to coiled any unpaid assessment or special service charge which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default in the payment of a special service charge or assessment, the Lot owner shall be obligated to pay interest at the rate of eighteen percent(18%) per annum on the amount of the assessment from due date thereof, together with all expenses, including attorneys'fees, incurred together with such late charges as are provided by the Bylaws or Rules of the Association. Suit to recover a money judgment for unpaid special service charges or assessments shall be maintainable without foreclosing the lien described in Section 13 below and such suit shall not be or construed to be a waiver of lien. Section 13: Notice of Lien. All sums assessed but unpaid for the share of common expenses chargeable to any Lot and all sums for special services provided by the Association and charges due to misconduct that are not paid when due shall constitute the basis for a lien on such Lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the Lot in favor of any governmental assessing entity, F:UUM1Robe,ta,BiIly.Bracewell PUD1Covenants 0404 23.wpd 26 and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the Lot and a description of the Lot. Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with interest and other charges thereon, shall have been paid in full. Section 14: Enforcement of Lien. Such lien may be enforced by the foreclosure of the defaulting owner's Lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses and attorneys'fees incurred for filing the lien,and in the event of foreclosure proceedings,all additional costs, all expenses and reasonable attorneys' fees incurred. The owner of the Lot being foreclosed shall be required to pay to the Association any assessment or special service charge whose payment becomes due for the Lot during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid on the Lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such Lot. Section 15: Report of Default. The Association, upon request, shall report in writing to a first mortgagee of a Lot any default in the performance by any Lot mortgagor of any obligation under the Declaration which is not cured within sixty (60) days. Section 16: Release of Lien. The recorded lien may be released by recording a Release of Lien signed by an officer of the Association on behalf of the Association. Section 17: Lien Subordinate to First Mortgage - Limitations. The lien for special service charges and assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust now hereafter placed upon the Lot subject to assessment; PROVIDED, HOWEVER, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall cause such Lot and grantee thereunder to be relieved of liability for such prior assessments but shall not relieve such Lot or grantee from liability from any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Section 18: First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this Declaration,in the event of any default on the part of an owner under any first mortgage or first deed of trust which entitles the holder thereof to foreclose the same, F:\KIMUtobens,Billy,Bracewell PUU\Covenants 040423.wpd 27 any sale under such foreclosure, including the delivery of a deed in lieu to such first mortgagee, shall be made free and clear of all then due and owing assessments. No first mortgagee shall be liable for any unpaid common expense assessments accruing prior to the time such mortgagee receives a deed to a Lot. Section 19: Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed Twenty-Five Dollars($25.00),and upon the written request of any owner or any mortgagee or prospective owner of a Lot, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject Lot,the amount of the current monthly assessment and the date that such assessments becomes due, credit for any advanced payments of common assessments,for prepaid items, such as prepaid items,such as insurance premiums, but not including accumulated amounts for reserves or sinking funds, if any,which statements shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within twenty (20) days, all unpaid common expenses which become due prior to the date of making such requests shall be subordinate to the rights of the person requesting such statement and in the case of a grantee of such Lot,the grantee shall not be liable for, nor shall the Lot conveyed be subject to a lien for any unpaid assessments against said Lot. The provisions set forth in this Section 18 shall not apply to the initial sales and conveyances of the Lots made by Declarant,and such sales shall be free from all common expenses to the date of conveyance. Section 20: Mortgages - Priority. Each owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a Lot may create junior mortgages, liens or encumbrances on the following conditions:(1)that any such junior mortgages shall always be subordinate to all of the terms,conditions,covenants, restrictions,uses, limitations,obligations,lien for unpaid assessments, and other obligations created by this Declaration, the Articles of Incorporation and the Bylaws of the Association; (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgages premises, all of his right, title and interest in and to the proceeds under all insurable policies upon said premises held by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, and if such request is not granted, such release may be executed by the Association as an attorney-in-fact for such junior mortgage.Additionally,any mortgage or lien is subordinate to these Covenants and the approved Development Agreement. ARTICLE X GENERAL PROVISIONS Section 1: Duration. Subject to the provisions of Section 1 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding F:\KIM\Roberts,Billy'Bracewell PUD\Covenants 04 04 23.wpd 28 on all persons having any interest in any Lot in the Property for a period of thirty(30)years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10)years unless an instrument signed by 80% of the then- owners of Lots in the Property has been recorded agreeing to change or terminate the Declaration in whole or in part. Section 2: Amendments. Subject to Article X, Section 9 and Article VI, Section 37,this Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the owners of at least eighty percent (80%) of the Lots in the Property and one hundred percent(100%)of the holders of recorded first mortgages or deeds of trust. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of Lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado,or ordinances of the County of Weld. No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. Section 3: Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. Section 4: Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or for the failure of the Architectural Review Committee or Declarant to enforce any covenant or provision hereof. This Section 4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of this Article. Section 5: Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same, regardless of the number of violations or breaches which may occur. Section 6: Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof. Section 7: Construction. The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vice versa, when the context so requires. Section 8: Notices. Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid,to the latest address given by such member to the F:lKOA\Roeerb,BiI19ABracewell PUD\Covenanta 04 04 23.wpd 29 Secretary of the Association. In such event, notice shall be deemed effective three (3) days after such deposit into the United States mail. Notices may also be given by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three(3)days after deposit into the United States mail,sufficient postage prepaid. Section 9: Dissolution. The Homeowners Association cannot be dissolved without the written approval of the governmental entity having jurisdiction overthe Property. Section 10: Enforcement.These Covenants may be enforced by any Lot Owner, the Declarant,or the governmental entity having jurisdiction overthe Property. In the event of an enforcement action, the prevailing party shall be entitled to an award of all reasonable and appropriate costs, expenses and attorney fees. IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed as of the day and year first above written. William R. Roberts Dolores A. Roberts STATE OF COLORADO ) ) ss. COUNTY OF WELD. ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2004 by William R. Roberts and Dolores A. Roberts. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public F:1KIM Robe,ts,Bill0Braceviell PUD\Covenants 040423.wpo 30 ARTICLES OF INCORPORATION OF BRACEWELL PUD HOMEOWNERS ASSOCIATION In compliance with the requirements of the Colorado Nonprofit Corporation Act (C.R.S. 7-20-101, et seq.), the undersigned, a natural person of the age of twenty-one(21) years or more and a resident of the State of Colorado, acting as an Incorporator of a nonprofit corporation, hereby adopts the following Articles of Incorporation. ARTICLE I NAME The name of the Corporation is Bracewell PUD Homeowners Association, hereinafter called "the Association". ARTICLE II REGISTERED OFFICE The principal office and initial registered office of the Association is located at 12691 WCR 64%, Greeley, Colorado, County of Weld, State of Colorado, 80631. ARTICLE III REGISTERED AGENT William R. Roberts is hereby appointed the initial registered agent of the Association, whose address shall be the initial registered office of the Association as set forth hereinabove. ARTICLE IV INCORPORATOR The name and address of the Incorporator is: William R. Roberts 12691 WCR 64% Greeley, Colorado 80631 ARTICLE V MEMBERSHIP The Association shall have members. Any person who holds title to a lot in the Common Interest Community shall be a member of the Association. There shall be one (1) F:\KIM\Roberts,Billy\Bracewell PUDWrticles 8 1 03.wpd membership for each lot owned with the Common Interest Community. The membership shall be automatically transferred upon the conveyance of that lot. ARTICLE VI DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than eighty percent (80%) of the members and all first mortgagees of lots within the Common Interest Community. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such similar purposes. ARTICLE VII PURPOSES AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to operate the Common Interest Community known as Bracewell PUD, a development located in the County of Weld, State of Colorado ("the Common Interest Community"), in accordance with the Colorado Common Interest Ownership Act, as amended, and the Colorado Nonprofit Corporation Act, as amended, and to promote the health, safety and welfare of the residents within the Common Interest Community. 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 common interest community association under the Colorado Common Interest Ownership Act. ARTICLE VIII VOTING RIGHTS Each Owner shall be entitled to vote. When more than one person holds a beneficial interest in a lot as joint tenant, tenant in common, or otherwise, all such persons shall be members of the Association. If only one of the multiple Owners of a lot is present at a meeting of the Association, such Owner is entitled to cast the votes allocated to that lot more than one of the multiple owners are present, the votes allocated to that lot. If more than one of the multiple owners are present, the votes allocated to that lot may be cast only in accordance with the agreement of a majority in interest of the owners. There is a majority agreement if any one of the multiple owners casts the votes allocated to that lot without protest being made promptly to the person presiding over the meeting by any of the other owners of the lot. The votes allocated to a lot may not be split or divided among the owners of the lot. F:\KIM\Roberts,Belly\Bracewell PUo\P.rticles 8 1 03.wpd Notwithstanding the foregoing, the Declarant of the Common Interest Community shall have additional rights and qualifications as provided under the Colorado Common Interest Ownership Act and the Declaration of Covenants, Conditions and Restrictions, including the right to appoint members of the Executive Board. ARTICLE IX BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of Directors. The initial Board of Directors shall consist of three (3) persons. The number of members of the Board of Directors may be changed by the Bylaws and any amendments thereto. The name and address of the persons who shall serve as the members of the Board of Directors until their successors shall be elected and qualified are as follows: William R. Roberts 12691 WCR 64% Greeley, Colorado 80631 Dolores A. Roberts 12691 WCR 64% Greeley, Colorado 80631 (Need a third director) ARTICLE X DURATION The Association shall exist perpetually. ARTICLE XI NAME Amendments to these Articles of Incorporation shall be made by vote of seventy percent (70%) of all members of the Association. ARTICLE XII INDEMNIFICATION This corporation shall indemnify its directors, officers, employees and agents to the fullest extent allowed by Colorado law. The directors, officers, and voting members of this corporation shall have the benefit of the limitations on personal liability for any injury to person or property arising out of a tort as set forth in Colorado Revised Statutes. F:\KIM\Roberts, Billy\Bracewell PUDWrticles 8 1 03.wpd IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of the State of Colorado, I the undersigned, constituting the Incorporator of this Association, have executed these Articles of Incorporation this day of 2003. William R. Roberts STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing Articles of Incorporation were subscribed, sworn to, and acknowledged before me this day of , 2003 by William R. Roberts . Witness my hand and official seal. My commission expires: Notary Public F:\KIM\Roberts,Billy\Bracewell PUDWrticles 8 1 03.wpd APR-28-2004 RED 10:20 AM MELD CPI TITLE MIN VISTA FAX N0. 19703305477 P. 02 TRIS BBCROM ADuNT SMALL supEBCEDE ANY PROVISIONS, OBLIGATIONS OR A®BbeR's TO TEE CONTRARY CORrAIE® IN CLOSING INSTRDCTIOWS DATED . ESCROW FILE NO.: ROBERTS DATE: AVRIL 33, 2004 Weld County Title Company (hereinafter sometimes referred to as •The Cospany,•I es Escrow Asedt, hereby agrees to act as the Escrow Agent depositary for instruments or funds, as specified below, deposited with it by the parties to this agreement other than the Company under terms and Conditions set forth herein. PARTIES: MANE ADDRESS WELD COUNTY TITLE COMPANY WTLLIAW R. ROSEETS DELORES A. ROBERTS TLR warn OF MELD. STATE OF COLORADO All written correspondence of notices required by this agreement will be sent by United States mail to the above specified addresses unless the company is provided with changes of address in writing. GENEEAL CONDITIONS OP SECNOpf This escrow is subject to the General provisions, which are attached hereto and incorporated herein by reference. DEPOSITS 1) SOO of sales price for lots to be closed by Weld County Title Company in Bracewell P.D.0. up to an amount of 4644,553.00 for improvements and warranty collateral and an additional $13,000 to be paid to the Windsor School District. This amount shall vary depending upon the sales price of closed lot sales and may fluouate with disbursements wade hereunder. - 1 - APR-28-2004 WI 10:20 AN ILLD 07Y TITLE EDI VISTA FAX NO. 18703305477 P. 03 Escrow Pile No.:ROBERTS Vats:Aptil 23,2004 Escrow Agent shall hold deposited fluids in escrow in at to satisfy Weld County's reapitemem that a title company hold and disburse funds for the payment of development improvements as they may apply to the proposed Bracewell P.UD.,in the smounKs) shown on attached Exhibit"A." 8014 of the Sea pith for Iota closed in the subject P.U.A.,up to an aggregate I tthdmt®of$636,552.00 will be withheld from Robins and deposited herewith. Dabuaement instructions areas Ibilows: • 1) 512,000 to be paid upon the closing of the fleet lot to the Windsor School District 2) 5560,480,00 will be disbursed to contractor(s)shown an invoices received from Roberts. This disbursement is subject to receipt by Escrow Agent of a Weld County Cosumiasioneu Resolution r oeptbg all or a portion of the project improvements as represented on the respective invoice. 3) 584,072.00 will be paid to"The County of Weld,State of Colorado"upon acceptance oldie final improvements. This amount comtitutes the warranty collateral. It is anticipated that there will be only three disbursements as described above,and if additional diabas®mts am required,Escrow must approve any new disbursing intimation'. If Escrow Agent does not receive the lbw by August 31,2004 in order to complete the anticipated diabunem ts,Escrow Agent will have the option of 1) complying with the terms of Exhibit"I"attached hereto; 2) forwarding any remaining avow grads to The County of Wald,State of Colorado; or 3) disbursing payment®to unpaid contractors in order to mitigate any lien rights that may affect the subject subdivision. If there are any fiends remaining in escrow after the disbursements are filly complete,Escrow Agent will forward same to Roberts. All parties undastend that Bsexow Agent bas no emotes in determining completion, quality,or coat of dem:lopmat improvements;end,then e,me a condition of this Escrow Agreement,it agreed that Escrow Agent shall make no such determined= herewith. Escrow Agent is indemnified and held herntleas should the contemplated improvements he inadequate and/or the=ow flmde be insufficient. EXECUTED BY THE FOLLOWING: ESCROW AGENT:WELD COUNTY TITLE COMPANY BY: William R.Roberts Delores A.Roberts The County of Weld County,State of Colorado (2) APR-20-2004 WED 10:20 NI HELD O1Y TITLE MN VISTA FAX Na 19703305477 P. 04 EXHIBIT I GENERAL PROVISIONS 3.The mramealoor nay be apples a d,ahad,ai riled,modified or aovoYd by writing nay,=geed by d i padSs bats.end escrowed by the Escrow Agent t ups prate*r.S to,eons ad copses root tat. 2. No assignment irk aaveysee ar►ypdrr a ofa y right,tide a.Sets in eed b tie rot muter otta&:ow Audi be biodieg upon We Eaaow Agee ores writs mode disrupt shill be red upon the Escrow Agrt end all fees,or and=per incident beet shall haw beat pod ad Son ally upon the Escrow Agar's Gnat Serb in rums, 3. Aim Wake raided or deelad b be given by log Escrow Agent to cry parry to to acre nay be give by modes Ss sae addressed b such part'at the address gives below the tress of seek pay ate mot post address of seek pay shown a the meads of Escrow Agent sad once so moiled abet Alt all pompons hereof be a effectual se dosgfe saved upon sod pmt in pass et the toe of dopatuag sob nor it the tend. 4. The Escrow Ago ssey receive ay peymu t celled for haauda alter dm due der thereof Sem subsequent to the do.tin of such payroll and primal the receipt theemof the Escrow Agentahed be'..bean Send b wrrbg to seta any sect pimwss 5. The scow Agent Oar be pmadb tide far any as it say de or ask to de Isomers sod agent tear stay it gad has end b the=acid et b owe beet judgment ad my ace done or united by it purser in the advice Min own aaueys OA be aatenive adder of such good bit. d. The Sinew Agar is Maly roar..S..4 to diatpd say od all notices or wry given by my lithe pain hates or by ay alba pens,firm or caporal*excepting only orders or emcee of cant and is hardyapassly asdrbrd to ceapy with and obey ay and ail rasa.adas,jedpsas ordere sissy Oak and in as the&crow Aga obeys or ca be.with say act por ado,jdgmeet adease dryer t shall not be liable to any drr pestles hereto or b sr other pepat The or totaadas by reasen of ad earners. •tmbvida aadiy say erg papas,odes.parent or decree be auboarumtty inset madded.aided.*aside or vaned,or Mad as have lass bed or abed wtbor jurisdiction. 7. hi consider otiS amepaen of this meow by the Err Agent,the odasigod age)sally and envaafy.for*reef es,deb hems,legal repaaenktn;rater and litres.to pe'lbs Escrow Aged add h under ad to indemnify tad bold it harder a to any labiuy by It incurred to any Mtn pa ion. Gm or cooperation by mess offs kvi.g soaped the re,or alt,comics out ay of the n Snast and b trine it rang is apeaa,ldadag,rag Ida dingo,tart fano and sat rod hoard is coaectoe heewith;ad that the Escrow Agent shell have efo end pia lie epos ell deposit,mode raider to sane the pabrmsce of said erg uaest of hd®isy and the paynst of its cbagcs sad expenses,batty expressly rats*the Escrow Aged in dm event payepet is not rmWd promptly from the undersigned,to deduct such dsgee ad a r' without pintoes much,Item any fads depooad insider Escrow fees or dosss.a distg*bbed for or amonses bersmdt,shall be as walla above the Escrow Agad's Snare s the tea of the amerce besot 8. Ear Art tall be ender no nay or dram to err the Watley.ear*or rights oft rim meaning or deivedng or pnpeetng to aaum to deliver these Oersted or may dorm or papers or payments deposited orated for ban seder,ad assumes r impossibility or ha llty br the oddity a sufficiency or lire iertugioms or sy daumasb or paper or perast deported or mild for hereunder. 9, The Escrow Agar shall sot be gale for the enthusing of any rigs under my Soma of Limiadas or by reason of lathes I.rump*to the arhutiss or ay dosasa es prpa a depoelat ICI. in be Meer of day crepes between the pities bomb grebe Am of default,the validity Of amies of that iaemdes or say eta to or net tohhg m the reaction belwem the pinta,the Escrow Agent is iosmcld a follows: (a) That deg be.a.der so obligate.boa,except ada process or Order Mean;or mad it in boo adeg £4 imdartAd b in fag atlibdan,and shag salts so hsbtty Arta fade to yet pording ado psese er oat order or bidasnMSeanm; (b) That it may in at sole and absolute daaaios,deposit the prepay railed Junta or se or roof as manta in it bads with the Item Clak or sting eta,of the plait Court,Sae of Colorado in wboe.jaiegsoe the sabre Nona and imaged the pair hub,ad ape so*kyr g muchmartyr frhagis templed le ilapida.it shag be relieved add batty under the lame bard a to en papaay so deport, ad Ashore,the pubs hereto err thcrmtrs,their hairs,legal,praenrd.se,sumerad wipe do bratty read te aatvsto the Pulsars Maid amt and do handy appoint the the Or or acting Oak,of aid amt a their Age t tort .service of all proms in camecta with nag proceeding The*cation deny each ini mpi•ader action tali not irk tie Ore of Ewa*Ages wader payed aaahord 7, above II. If the sebjra mater of this stow dodrs it whole or in pat of beds, the same shut sot be ousmgkd by the Escrow Agent with its own rrsdr,provided,however,that aySbg esabd S the Escrow Agreerase of which these Ord Provisions we reeds&pan,a the canny notwithstanding,the Escrow Ages shall not be regard to deposit the sins in any Sent barbs a Oar producing amount,and shag not b eoy way be Nabl to any oft other pate to the Eaeaw Apart to the paymst of ta of open aid fire for the period doming which bey ao be d by oar Eaaow Aga4 Is is blended that the provisions hereof shall mpasede ay other oar,meditate,roar orprovides combed in the Eaww Aparot width expert or by implication one in cerftin bar it WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed ir Date �O/// Report Date: 02/27/2004 04:03PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7922499 ASSESSED TO: ROBERTS WILLIAM R& DOLORES A 204 ASPEN DR WALDEN, CO 80480 LEGAL DESCRIPTION: PT SE4 30-6-66 LOT A REC EXEMPT RE-2342 SITUS: 12750 64.5 CR WELD PARCEL: 080530000074 SITUS ADD: 12750 64.5 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,161.80 0.00 0.00 1,161.80 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 03/01/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 268.00 RESIDENTIAL 156,776 12,480 SCHOOL DIST RE4 55.118 687.87 ------------- NCW WATER 1.000 12.48 TOTAL 156,776 12,480 NWC WATER 0.000 0.00 WINDSOR SEVER FIRE 5.219 65.13 AIMS JUNIOR COL 6.322 78.90 WINDSOR LIBRARY 3.546 44.25 WEST GREELEY CONSERVATION 0.414 5.17 ------------ ---------------- TAXES FOR 2003 93.093 1,161.80 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext. 3290 r, re-. - Report Date: 02/27/2004 04:03PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7922599 ASSESSED TO: ROBERTS WILLIAM R& 204 ASPEN DR WALDEN, CO 80480 LEGAL DESCRIPTION: PT SE4 30-6-66 LOT B REC EXEMPT RE-2342 12570 64.5 CR WELD 000000000 PARCEL: 080530000075 SITUS ADD: 12570 64.5 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 737.28 0.00 0.00 737.28 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 03/01/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 170.07 AGRICULTUR 423 120 SCHOOL DIST RE4 55.118 436.53 AGRICULTUR 26,902 7,800 NCW WATER 1.000 7.92 -------------- ----------- NWC WATER 0.000 0.00 TOTAL 27,325 7,920 WINDSOR SEVER FIRE 5.219 41.33 AIMS JUNIOR COL 6.322 50.07 WINDSOR LIBRARY 3.546 28.08 WEST GREELEY CONSERVATION 0.414 3.28 ---------- --------------- TAXES FOR 2003 93.093 737.28 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 COMMI.7MENT FOR T E INSURANCE • Issued by Lawyers Title Insurance Corporation INLandAmerica La ers Title Insurance Corporation ters. Lawyers Title LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation, herein called the Company,for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) 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.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION -;E\MSuRAN0f 11j1 41-/:.•...._ CD 1I may: _._Z.•9,Og c/,(]X��G-�/� Attest di L✓�b� 1 S€A L•:'% By: a (/ Secretary Ilir?' 1925 47 President Conditions and Stipulations 1. The term "mortgage,"when used herein, shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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 liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure 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, lien,encumbrance,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. Liability of the Company under this Commitment 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 under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate 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 insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are 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. ALTA Commitment- 1966 Cover Page Form 1004-268 ORIGINAL 4 %q COMMITMENT FOR TITLE INSURANCE American Land Title Association(1966) Issued by Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters. LandAmerica Lawyers Title LandAmerica Financial Group,Inc. 101 Gateway Centre Parkway Richmond,Virginia 23235-5153 Form B 1004-268 telephone,toll free: 800 446-7086 www.landam.com i *co b 2••.a l L COMMITMENT FOR CLE INSURANCE • .. Issued by Lawyers Title Insurance Corporation ' LandAmerica Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters. Lawyers Title LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) 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.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION ,tSUR4,yCe%% 1 / /',J/ ie: y� • e tit . aipt2-tt A / Attest: (N�/� i3`�Ta �•�e By' Secretary /41••• I925 a President 11• .• Y:: Conditions and Stipulations 1. The term"mortgage,"when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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 liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure 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, lien,encumbrance, 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. Liability of the Company under this Commitment 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 under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate 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 insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are 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. ALTA Commitment-1966 Cover Page ORIGINAL Form 1004-268 • NOTICE Affirmative mechanic's lien protection for the Owner maybe 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 single family residence which includes a condominium or townhouse unit; B. No labor or materials have been furnished by mechanics or matieralmen for purposes of construction on the land described in Schedule A of the Commitment within the past 6 months; C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen'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 6 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. • • NOTICE Colorado Division of Insurance Regulations 3-5-1,Paragraph C of Articles 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 Weld County Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, Item (a),under Schedule B, Section 2 will not appear on the Owner's Title Policy and the Lender's Policy when issued. • Owner's Extended Coverage The Plain Language Owner's Policy(O.E.C.)is available on one-to-four family residence properties only,which includes residential condominium units. The policy provides owner's policy extended coverage, as well as other coverages,which include: -- Survey Coverage: Including loss from forced removal of existing structure, other than boundary wall or fence. NOTE: Adverse matters shown on survey will be excepted from coverage. -- Mechanic's Lien Protection: (Property must qualify) -- Insurance against actual loss because the insured cannot use the land for single-family residence on the basis that such a use violates a restriction or an existing zoning law. Upon receipt of the applicable premium, "Extended Coverage" will be afforded the Proposed Owner in the form of: Deletion of exceptions 1-4 under Schedule B, Section 2; and Issuance of ALTA 1987 Plain Language Policy,upon receipt of the following items satisfactory to the Company: 1) Final Affidavit and Agreement indemnifying the Company against unfiled Mechanic's and Materialmen's Liens; • 2) Receipt and approval of an Improvement Location Certificate. Notice of Potential Mineral Severance If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interests or leases,pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use property with out the surface owner's permission. LandAmerLa • PRIVACY POLICY NOTICE Dear LandAmerica Customer The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act, requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. 'The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. Some companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our web site (http://www.landam.com). You may also visit our web site for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services, Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc., Transnation Title&Escrow,Wilson Title Company LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth- Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title & Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, MA Title Agency, M and M Title Services, National Land Transfer(NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency, Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater, Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency, TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services, Inspections, Appraisals, Mortgage Servicing, and Ancillary Services: Inspectech, Inc., LandAmerica OneStop, Inc., LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics,TransAccount Services, Inc. Form 3391-6 (September 2002) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. 2 • LandAmeriE.a PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act, requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. 'The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. Some companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our web site (http://www.landam.com). You may also visit our web site for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services, Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc., Transnation Title& Escrow,Wilson Title Company LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth- Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title & Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, M/I Title Agency, M and M Title Services, National Land Transfer (NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency, Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater, Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency, TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services, Inspections. Appraisals. Mortgage Servicing, and Ancillary Services: Inspectech, Inc., LandAmerica OneStop, Inc., LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics,TransAccount Services, Inc. Form 3391-6 (September 2002) WELD COUNTY TITLE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 71572 1 . Effective Date : March 31, 2004 @ 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ $750 . 00 Proposed Insured: Informational Commitment B. ALTA Loan Policy $ $ . Proposed Insured: 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: William R. Roberts and Dolores A. Roberts, as joint tenants 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) WELD COUNTY TITLE COMPANY By Lois Freemyer Authorized Signature Issued: April 05 , 2004 LGF/LGF WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE A - Continued LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0805-30-4-RE2342 , recorded January 8, 1999 as Reception No . 2665704 , being a part of the SE1/4 of Section 30, Township 6 North, Range 66 West of the 6th P .M. , County of Weld, State of Colorado . EXCEPTING THEREFROM a parcel of land conveyed to Weld County by deed recorded July 23 , 1887 in Book 43 at Page 472 . Page 2 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. NONE Page 3 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material 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 . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder . Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S . Patent recorded December 2 , 1886 in Book 34 at Page 307 . 8 . Helps Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed March 11 , 1922 as Reception No. 376100 , in which the specific location is not defined. 9 . Right of way, whether in fee or easement only, to construct, maintain and operate transmission line and appurtenances, granted to United States of America by John George Weinmeister and Marie K. Weinmeister by instrument recorded August 15 , 1938 in Book 1029 at Page 434, in which the specific location of the easement is not defined. 10 . Undivided one-half of all oil , gas, and other minerals, as reserved by Marie K. Weinmeister in the deed recorded January 12 1971 in Book 636 as Reception No . 1560335 , and any interests therein or rights thereunder. 11 . Right of way, whether in fee or easement only, to construct, operate and maintain one electric transmission line and appurtenances, as granted to The United States of America by Eugene W. Freeman, Robert J. Rotthaus and Henry F. Markus, recorded January 27, 1971 in Book 639 as Reception No . 1561194 , affecting the following described property: As more particularly described in said instrument . 12 . Undivided one-fourth interest in and to all oil , gas, and other minerals as reserved to Robert J. Rothaus , Eugene W. Freeman, and Henry F . Markus in the deed recorded April 11, 1975 in Book 736 as Reception Nos . 1657915, and 1657916 , and any interests therein or rights thereunder. 13 . County Roads 27 and 64 1/2 and fence line not located on property line as shown on Recorded Exemption No. 0805-30-4-RE175 recorded May 8, 1975 in Book 738 as Reception No . 1659948 . 14 . Oil and gas lease between David L. Firestien and Elizabeth A. Firestien and Amoco Production Company dated August 31, 1978 , recorded October 3 , 1978 in Book 846 as Reception No . 1768489, and any interests therein or rights thereunder. Page 5 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106 , by Bill J. Brooks, President of Brooks Exploration Incorporated, recorded October 23 , 1981 in Book 951 as Reception No . 1872560 . 15 . Right of way, whether in fee or easement only, to construct, reconstruct, operate, maintain and remove such telecommunications facilities and appurtenances, as granted to U S West Communications, Inc . by David L. Firestien and Elizabeth Firestien, recorded July 28 , 1992 in Book 1345 as Reception No. 2297468 , affecting the following described property: As more particularly described in said instrument . 16 . Right of way, whether in fee or easement only, to lay, maintain, inspect, replace, erect, operate, and remove one pipeline and appurtenances, granted to Snyder Oil Corporation by David L . Firestien and Elizabeth A. Firestien by instrument recorded July 13 , 1995 in Book 1501 as Reception No . 2446280 , in which the specific location of the easement is not defined. 17 . Notes, building envelope and future rights of way as shown on Recorded Exemption No . 0805-30-4-RE2342 recorded January 8 , 1999 as Reception No. 2665704 . 18 . Terms, agreements, provisions, conditions and obligations as contained in General Warranty Mineral Deed and Surface Access/Use and Water Agreement by and between William R. Roberts and Dolores A. Roberts and George Hall and Betty Jane Hall recorded January 3 , 2001 as Reception No. 2817012 . 19 . Notes as shown on Existing Conditions Plan recorded March 21, 2001 as Reception No. 2833846 and Second Amended Existing Conditions Plan recorded August 27 , 2002 as Reception No . 2981972 . 20 . Water rights, claims or title to water, whether or not shown by the public records . NOTE : The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Page 6 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book 1229 as Reception No. 2175917 . (d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . Page 7 COMMITMENT•FOR TALE INSURANCE ' - . - Issued by Lawyers Title Insurance Corporation r LandAmerica LawyersCorporationTitleInsurance is a member of the LandAmedca family of the insurance underwriters. Lawyers Title LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation, herein called the Company,for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) 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. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION .,�E,ssua4pic y1 rl /gel :94 rr1 Attest: // / 'r /// Secretary rIrs 1 92 5 es U rr �+� President rr11%%%%%%%%%%%%%% Conditions and Stipulations 1. The term "mortgage,"when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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 liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure 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, lien,encumbrance,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. Liability of the Company under this Commitment 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 under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate 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 insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are 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. ALTA Commitment-1966 Cover Page Form 1004-268 ORIGINAL COMMITMENT FOR TITLE INSURANCE American Land TiitleAssociation(1966) Issued by Lawyers Title Insurance Corporation Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters. LandAmerica • Lawyers Title LandAmerica Financial Group,Inc. 101 Gateway Centre Parkway Richmond,Virginia 23235-5153 Form B 1004-268 telephone,toll free: 800 446-7086 www.landam.com 41' COMMITMENT. FOR CIE INSURANCE .. Issued by Lawyers Title Insurance Corporation LandAmerica ca Lawyers Title Lawyers Title Insurance Corporation is a member of the LandAmedca family of title insurance underwriters. LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation, herein called the Company,for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) 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. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION ,N..... y,E rr�� Attest c f L✓ i s a .. By: �,1 L(A+-1 U 244- =7` Secretary 14 .. 1925 hip /UT � President I1,.sNq�Mo.' Conditions and Stipulations 1. The term "mortgage,"when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment 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 liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure 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, lien,encumbrance, 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. Liability of the Company under this Commitment 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 under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate 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 insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are 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. ALTA Commitment- 1966 Cover Page Form 1004-268 ORIGINAL • NOTICE 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 single family residence which includes a condominium or townhouse unit; B. No labor or materials have been furnished by mechanics or matieralmen for purposes of construction on the land described in Schedule A of the Commitment within the past 6 months; the Company C. The Company must receive an appropriate affidavit indemnifying against unified mechanic's and materialmen'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 6 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. NOTICE Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Articles 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 Weld County Title Company conducts the closing of the insured transaction and is - responsible for recording the legal documents from the transaction, Item (a),under Schedule B, Section 2 will not appear on the Owner's Title Policy and the Lender's Policy when issued. Owner's Extended Coverage The Plain Language Owner's Policy(O.E.C.)is available on one-to-four family residence properties only, which includes residential condominium units. The policy provides owner's policy extended coverage, as well as other coverages,which include: -- Survey Coverage: Including loss from forced removal of existing structure, other than boundary wall or fence. NOTE: Adverse matters shown on survey will be excepted from coverage. -- Mechanic's Lien Protection: (Property must qualify) -- Insurance against actual loss because the insured cannot use the land for single-family residence on the basis that such a use violates a restriction or an existing zoning law. Upon receipt of the applicable premium, "Extended Coverage" will be afforded the Proposed Owner in the form of: Deletion of exceptions 1-4 under Schedule B, Section 2; and Issuance of ALTA 1987 Plain Language Policy,upon receipt of the following items satisfactory to the Company: 1) Final Affidavit and Agreement indemnifying the Company against unfiled Mechanic's and Materialmen's Liens; 2) Receipt and approval of an Improvement Location Certificate. Notice of Potential Mineral Severance If Schedule B of your commitment for an owner's title policy reflects an exception-for mineral interests or leases,pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use property with out the surface owner's permission. LandAmerica PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act, requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. Some companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our web site (http://www.landam.com). You may also visit our web site for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services, Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc., Transnation Title&Escrow,Wilson Title Company LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth- Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title & Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, M/I Title Agency, M and M Title Services, National Land Transfer(NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency, Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater, Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency, TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services, Inspections. Appraisals, Mortgage Servicing, and Ancillary Services: Inspectech, Inc., LandAmerica OneStop, Inc., LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics,TransAccount Services, Inc. Form 3391-6 (September 2002) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction: If you are concerned about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. 2 LandAmeri‘a PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act, requires us to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. .The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. Some companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our web site (http://www.landam.com). You may also visit our web site for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services, Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc., Transnation Title& Escrow,Wilson Title Company LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth- Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title & Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, M/I Title Agency, M and M Title Services, National Land Transfer (NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency, Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater, Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency, TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services, Inspections, Appraisals, Mortgage Servicing, and Ancillary Services: Inspectech, Inc., LandAmerica OneStop, Inc., LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics,TransAccount Services, Inc. Form 3391-6 (September 2002) WELD COUNTY TITLE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 71572 1 . Effective Date : March 31, 2004 @ 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ $750 . 00 Proposed Insured: Informational Commitment B. ALTA Loan Policy $ $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: William R. Roberts and Dolores A. Roberts, as joint tenants 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) WELD COUNTY TITLE COMPANY By Lois Freemyer Authorized Signature Issued: April 05, 2004 LGF/LGF WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE A - Continued LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0805-30-4-RE2342 , recorded January 8 , 1999 as Reception No. 2665704 , being a part of the SE1/4 of Section 30, Township 6 North, Range 66 West of the 6th P .M. , County of Weld, State of Colorado . EXCEPTING THEREFROM a parcel of land conveyed to Weld County by deed recorded July 23 , 1887 in Book 43 at Page 472 . Page 2 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. NONE Page 3 • WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material 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 . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 • WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S . Patent recorded December 2 , 1886 in Book 34 at Page 307 . 8 . Helps Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed March 11 , 1922 as Reception No. 376100 , in which the specific location is not defined. 9 . Right of way, whether in fee or easement only, to construct, maintain and operate transmission line and appurtenances, granted to United States of America by John George Weinmeister and Marie K. Weinmeister by instrument recorded August 15, 1938 in Book 1029 at Page 434 , in which the specific location of the easement is not defined. 10 . Undivided one-half of all oil , gas, and other minerals, as reserved by Marie K. Weinmeister in the deed recorded January 12 1971 in Book 638 as Reception No. 1560335 , and any interests therein or rights thereunder. 11 . Right of way, whether in fee or easement only, to construct, operate and maintain one electric transmission line and appurtenances, as granted to The United States of America by Eugene W. Freeman, Robert J. Rotthaus and Henry F. Markus, recorded January 27, 1971 in Book 639 as Reception No . 1561194 , affecting the following described property: As more particularly described in said instrument . 12 . Undivided one-fourth interest in and to all oil , gas, and other minerals as reserved to Robert J. Rothaus , Eugene W. Freeman, and Henry F. Markus in the deed recorded April 11, 1975 in Book 736 as Reception Nos . 1657915 , and 1657916 , and any interests therein or rights thereunder. 13 . County Roads 27 and 64 1/2 and fence line not located on property line as shown on Recorded Exemption No. 0805-30-4-RE175 recorded May 8 , 1975 in Book 738 as Reception No. 1659948 . 14 . Oil and gas lease between David L. Firestien and Elizabeth A. Firestien and Amoco Production Company dated August 31, 1978 , recorded October 3 , 1978 in Book 846 as Reception No . 1768489, and any interests therein or rights thereunder. Page 5 • WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Bill J. Brooks, President of Brooks Exploration Incorporated, recorded October 23 , 1981 in Book 951 as Reception No . 1872560 . 15 . Right of way, whether in fee or easement only, to construct , reconstruct, operate, maintain and remove such telecommunications facilities and appurtenances, as granted to U S West Communications, Inc . by David L. Firestien and Elizabeth Firestien, recorded July 28 , 1992 in Book 1345 as Reception No. 2297468 , affecting the following described property: As more particularly described in said instrument . 16 . Right of way, whether in fee or easement only, to lay, maintain, inspect, replace, erect, operate, and remove one pipeline and appurtenances, granted to Snyder Oil Corporation by David L . Firestien and Elizabeth A. Firestien by instrument recorded July 13 , 1995 in Book 1501 as Reception No. 2446280 , in which the specific location of the easement is not defined. 17 . Notes, building envelope and future rights of way as shown on Recorded Exemption No. 0805-30-4-RE2342 recorded January 8 , 1999 as Reception No . 2665704 . 18 . Terms, agreements, provisions, conditions and obligations as contained in General Warranty Mineral Deed and Surface Access/Use and Water Agreement by and between William R. Roberts and Dolores A. Roberts and George Hall and Betty Jane Hall recorded January 3 , 2001 as Reception No . 2817012 . 19 . Notes as shown on Existing Conditions Plan recorded March 21, 2001 as Reception No. 2833846 and Second Amended Existing Conditions Plan recorded August 27 , 2002 as Reception No. 2981972 . 20 . Water rights, claims or title to water, whether or not shown by the public records . NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Page 6 WELD COUNTY TITLE COMPANY Commitment No. : 71572 SCHEDULE B - Continued EXCEPTIONS Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book 1229 as Reception No. 2175917 . (d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757 . Page 7 PLANT TOP OF ROOTBALL \` 3" DEPTH APPROVED FLUSH WITH TOP OF \\-) \ \ WOOD MULCH SURROUNDING GRADE ��111 KEEP PLANTS MOIST AND S SHADED UNTIL PLANTING I I LE'11-11 � III-III-III' -i I I-I I I- HRH H II' '-=III-iii _ :ACKFILL MIXTURE: I I 111-111=I1 II - I I I E 50% NATIVE DTOPSOIL, TOPS 1, � � II I�1-1-1 I 1 25% IMPORTED TOPSOIL, UNDISTURBED SOIL I IJ I I-1 25% COMPOST 6' 6' FOR BALLED AND BURLAPPED IN. MIN. SHRUBS: CUT AND REMOVE BURLAP FROM THE TOP 1/2 OF ROOTBALL. REMOVE ALL WIRE. 1Shrub Planting Detail SCALE: NOT TO SCALE NOTES: 1. DO NOT REMOVE OR CUT LEADER. 2. PRUNE ONLY DEAD OR BROKEN BRANCHES AND WEAK OR NARROW CROTCHES. 3. DO NOT REMOVE LOWER LIMBS AND SPROUTS FOR AT LEAST TWO GROWING SEASONS. 4. KEEP PLANTS MOIST AND SHADED UNTIL PLANTED. 5. DO NOT FERTIUZE FOR AT LEAST ONE GROWING SEASON. 6. WRAP TRUNK ON EXPOSED SITES OR SPECIES WITH THIN BARK. USE ELECTRICAL TAPE NOT TWINE. WRAP OCTOBER 15 AND REMOVE BY MARCH 31. SET TREE PLUMB, STAKE UP TO 3" CAUPER TREES WITH 2 POSTS ON THE LEEWARD AND WINDWARD SIDES; STAKE TREES OVER 3" CALIPER WITH 3 EVENLY SPACED POSTS. USE NYLON STRAP WITH GROMMETS BELOW MIDPOINT OF TREE. TIGHTEN #10 GUY WIRE BY TWISTING. PROTECT BRANCHES FROM TOUCHING WIRE. ALLOW A SUGHT SAG FOR SWAY. PROVIDE FLAGGING TAPE WITH MINIMUM 6" HANG. SET STAKES IN MINIMUM 18" ARM SOIL. -PLANT ROOTBALL 2" ABOVE FINISH GRADE IN CLAY SOIL, AND AT GRADE IN SANDY SOIL. 4" DEPTH SPECIFIED MULCH. PROVIDE 3" HT. PLANTING RIM FOR TREES IN PLANTING BEDS. PROVIDE SAUCER ON DOWNHILL SIDE ON SLOPES. NO PLANTING RIM FOR TREES IN IRRIGATED TURF GRASS. DEEP WATER AT PLANTING. SCARIFY SIDES OF PLANTING PIT. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL. BACKFILL MIXTURE SHALL CONSIST OF THE FOLLOWING: 50% NATIVE TOPSOIL, 25% IMPORTED TOPSOIL, 25% COMPOST. II � Ir-II ',_. � � ' II CUT AND REMOVE ALL BURLAP AND WIRE BASKETS FROM I I III BURLAP.TOP 1/ OF RO TREE IS POSITIONED, TREATED, AGREEN TWINE, i II =II-I�iI�I - - I-'I�I II 7 LE I HE I ROPE, PLASTIC, AND RUBBER. I III-'ENT= III 1L--� �� ii-- 1.5' 1.5' MIN. MIN. Deciduous Tree Planting Detail SCALE: NOT TO SCALE NOTES: 1. DO NOT REMOVE OR CUT LEADER. 2. PRUNE ONLY DEAD OR BROKEN BRANCHES AND WEAK OR NARROW CROTCHES. 3. REMOVE ANY DOUBLE LEADER, UNLESS OTHERWISE DIRECTED BY OWNERS REPRESENTATIVE. 4. KEEP PLANTS MOIST AND SHADED UNTIL PLANTED. 5. AVOID FALL PLANTING IF POSSIBLE \I� �'�-- SET TREE PLUMB, STAKE 6' HT. TREES AND SMALLER WITH 2 POSTS ON THE LEEWARD AND WINDWARD SIDES; STAKE TREES OVER 6' HEIGHT WITH 3 METAL ANGLE IRONS, PLACED 120 DEGREES APART. USE NYLON STRAP WITH GROMMETS BELOW MIDPOINT OF TREE. TIGHTEN 010 GUY WIRE BY TWISTING. PROTECT BRANCHES FROM TOUCHING WIRE. ALLOW A SLIGHT SAG FOR SWAY. PROVIDE FLAGGING TAPE WITH MINIMUM 6" HANG. SET STAKES IN MINIMUM 18" FIRM SOIL. PLANT ROOTBALL 2" ABOVE FINISH GRADE IN CLAY SOIL. AND AT GRADE IN SANDY SOIL - I 4" DEPTH SPECIFIED MULCH. PROVIDE 3" HT. PLANTING RIM FOR TREES IN PLANNING BEDS. PROVIDE SAUCER ONDOWNHILL SIDE ON SLOPES. NO PLANTING RIM FOR TREES IN IRRIGATED GR ASS.GRASS. DEEP WATER AT PLANTING. yr �I► ►�i3?1:5?:�>-. ��-� SCARIFY SIDES OF PLANTING PIT. ROOTBALL SHALL REST ON FIRM, UNDISTURBED SOIL BACKFILL MIXTURE SHALL II CONSIST OF THE FOLLOWING: 50% NATIVE TOPSOIL 25% - I I'jII= IMPORTED TOPSOIL 25% COMPOST. I I - I 'C CUT AND REMOVE ALL BURLAP AND WIRE BASKETS FROM TOP 1/2 OF ROOTBALL. REMOVE ALL TREATED, GREEN L5' 1.5' BURLAP. AFTER TREE IS POSITIONED, REMOVE ALL TWINE, MIN. MIN. ROPE, PLASTIC. AND RUBBER. 3 Coniferous Tree Planting Detail SCALE: NOT TO SCALE 1 ,l • DESIGN FOR ( 2) NON- ILLUMINATED MONUMENT SIGNS r • SPECIFICATIONS "? I PAM: l',II JR ,+'/)STUNT CUP/SO WALLA Mil'',-'WINGWAILS n 1,.,-CA W,'G 'On OF mote.FJ A,,s WA!' F`t'L I/PE I d IL::JNI,t RU ,rJ IO i t W ,,RAJ 'Si. Pirf L 1 =uIF — FANF LAN‘O HOH,BEIGE FIN ILA SA,IN TEXTURED a t BIN W I A PHICA Viii _ _ < r NS& ALL LENGTH) _ _ - OI1tR 40 'EL/_E PPAPNC 9 6E il4 ALUANUI' .0. - - - — "°. - IL UMINALGN -ETERNAL ILLUMINATION 88 OTU PS T" At - -- �LFOOUWG SIZE..THU CAISSON SIZE N/A n Y/� - -� _ AY OTHERS'.F TE NAL GROUND ILA/NATION. . . .< ' INSTALL NOTES': __— • - mlealtazier.veasirac SidrarrlC milaicalir•taall a. * -- ryr- Aesz 'k2 . -ate '741.4v Shiloh Lake of 1► r, *'T4 v.. Lae. xP �f..,rte}: w. .+* xN • _at .;. .:ta...._ . ,a..., _ r -- 'ail*.t, W.. _ `_, (-,-...O7.: •+au;: ♦tea ., SIGN LOCATIONS —N ._ �C/ Nom... Al„.® MAIN \ N ENTRY PLAN VIEW ,• SCALE❑/4'=r-D• PLACEMENT SKETCH ----_. - n.r, ,e-fl.eao„ry�......,e.e.s,.. ,800 -493 -6244/ FAX97 0 - 4 93 -6 28 8 /W W W S HA W S G N . COMpOOMPg. "' Ow in mg dinKully In mato,mg'arm cOlOIS.0.0ennry OL taII.1111g 0100110.All sicid.g.is,...ar to alma 120 seat CLIENT: BILLY ROBERTS SCALE: 1/2"=1c0" OR AS NOTED codas ma OF za't tipeni `-- :: n}G LOCATION: GREELEY, CO SALESPERSON: CU a, nn.• . a.a may saw'Ogg gaging„„.,,, ..,a...M..r i'si. a...rams'.union Win.natio gnaw salines in sail..at n ogn•an amuse.and aggannuant C..a„,gaging 'a „a,al gar Sigma.,wince ism Ogigisi Of s anal.ix gas ado rag...lily s the,a, DATE: 5.23.03 DESIGNER', DALLAS n oa &Innen•manufacture•In510N DRAWING NO.300 03B FILE NAME: BRACEWELL 2. CUSTOMER APPROVAL DATE. LIST OF MINERAL OWNERS AND MINERAL LESSEES (Roberts) Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, CO Section 30: Lot A of Recorded Exemption No. 0805-30-4-RE2342, recorded under Rec. No. 2665704, being a part of the SEA Minco LLC, an oil and gas 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 verified through July 15, 2002. Dated this 14th day of August, 2002. MINCO LLC y. illiam G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Eugene W. Freeman 10506 Green Acres Drive Richard Weinmeister Silver Springs, MD 20903 2125 Bluebell Avenue Greeley, CO 80631 Henry F. Markus 2229 12th Street Road Dorothy Cagle Greeley, CO 80631 318 E. 2nd Avenue Cheyenne, WY 82001 William R. & Dolores A. Roberts 12691 WCR 64% Marie B. Wagner Greeley, CO 80631 125 Loma Vista Torrington, WY 82240 George & Betty Hall 3026 4th Avenue Esther E. Rotthaus Greeley, CO 80631 1978 46th Avenue Greeley, CO 80634 Minco LGC Oil-and gas Titk Services P.O. Box336337 (970)352-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 Mineral Leasehold Owners: Hall-Irwin Corporation 3026 4t Avenue Greeley, CO 80631 Minco LLC Oil ant I Gas TtkServices P.O. Bao336337 (970)352-0733 Greeley, CO 80633-0606 Page 2 cf 2 Fat(970)351-0867 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER PF-552 MINERAL OWNERS & LESSEES WEINMEISTER 2125 BLUEBELL AVE GREELEY CO 80631 CAGLE 318 E 2ND AVE CHEYENNE WY 82001 WAGNER 125 LOMA VISTA TORRINGTON WY 82240 ROTTHAUS 1978 46TH AVE GREELEY CO 80634 FREEMEN 10506 GREEN ACRES DRIVE SILVER SPRINGS MD 20903 • MARKUS 2229 12Th ST RD GREELEY CO 80631 ROBERTS 12691 CR 64-1/2 GREELEY CO 80631 HALL 3026 4TH AVE GREELEY CO 80631 HALL-IRWIN CORP 3026 4TH AVE GREELEY CO 80631 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number PF-552 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 10'" day of May, 2004. Voneen Macklin .0 - 1 - aii LiPi IrprAip X II reu. . o r re9� �� l g Qy� I~�v sw c r a Q E�. i W f d W RIii �S °� 9F€°Fed GFR. �1 Li l; a of !!i1Jj ;PI I .� it t rT, j LL �x EG F i w i l rCf ! bl t s L - a `ill 1 I I 1 # 1) x; liwe F a 2 I Pi tgb, lim l N, l R RY ° Al;1 a I . -sR YA I ° 9 ifi b IA _A ALLA _§ l _ idyll ! I! k • II d i p i c a d ili r ? T ! Tt Y < $ Vsa i ( 1 fl! I 1s 1 Fr. q ;: 01 !LA Z ;"I r hn ' i + • • Pil 11 il d e T IP • a- il eg sett r; l i\:11 IF i I 13 \._ - - iiia,t I / • _ 1 1 I t$ I 1 I -- I \ ii 1 iit 1 1 I 9w 1 I i It ___ti lid I if I I lSh 1 �rrw. Ve 3tlr__\ _ r_ _ i N ! E tlp r ,I L-_ - a ri \ 1 i 1.1 1 I / 1 i II i - I i I -E� Lr -`r I 1 / I ��Nii R 1 I ,,y/ Ma IC.•61j(Mml /� MK I\ ;;11 LiSgrellt ° L d'tea € lcit----witocesel TYxactrlCEzs7xu• --- 4SBC� E ,�,E 2u " --- N68.1TI E 1562.91' 5744.2.... ' ' , 4J•E • I .lei .. : Sr k '16L.24L2Z.-R---�_ fib' • p1110r•r r•sR OU60E•V , i .` R slit__ f ]D.Oy • b. rr •` p ____-141e5"11-, _ •.��- xl. t 1 _ s R—'` —• >n" r_ "—I I—a—�ess —t Ij I j .,IRlip� i Iy\` ,... '� ; iR4iO I wad- I/i 10TH Ezns.INDE.ialt' II & Y Y jO1 1 LOT•1• E%Eu. NO. T I I I 1 MC.to-2685704 2 I�: ! 1 // • re SDC. NOATED 9/20/55 48 n I/� WOW I `, I S WPM \Y ,, \ 1� . C, `� I i 1 1 '� I v. a , I eta —141. P T N ""� 1 .a YI I.;it I t1 uwn - I —LW it— ________________I _.— \ 11 g4 . IS i I ,bK Ic I LTD G' I fD1 a[ ~ I I ---.----- •1►/. \ 'G 1. .(" 1 I I — I I 1t rI I I / I _ ' I ' I +�,� 1I II di: ,,. IA�� \ ` RCM-OF-WY TED BY S2826'19E I .------4 .._--- ___——1,._LI——— ._ i I tmi —_ 1 I—-�3R7lrT j ..i� iplif \ MS r'" .. . 26.49' / i ----- - SOr357PEJ ——— M61TdE 1118.221 I 5116-36031++ /WINS 52.2v • \b. / j I \ t Iw =1151 w//i I \ ii ltatir ;el:7( !agent:, CISSS14'4SE DELTA 52111.40" X _ _� N8802'OrE 1 1+422.61' +\ r "- _ ; Iist 37.00' �I WY Om..ND.M/M.53' \ ,,/ - �• -,xoeotar N�- y • aim o2°6-„ - "IKW { a 'n \ n i / n I 0805304-RE • A/IIMILIS tot T2342 I / �' ii N REC.x0. 2665701 / �i DATED 01-08-99 / / sit wOURM bat v. DELTA SS 3J5�� / L.-- :,:i�•_: / amt. 4�.i.t6' -- t. y 60. t 2625226 I g Y 1100137426 —""et I ,¢s _ 126.321 -' • Inert came%Pan " ----- . .,. �. r-------7 58s21'z1W 16I6.5S r t s+e} _ T�Ee FINAL PLAT FOR .111 .s Al ' � --- - .- WM' .cuRvt:: " t.::.. . t �' == ° N°�' BRACEWELL P.U.D. .• : .N 'ti win, • tram ME:�P.Y. r1ElA COUNTY._ .. _ 1•■106 IXFN.340.OBOS- • ' 4 w to !r, 00]1-1 RE 2802 i ',� . NEC. • NO 2618949 A �sAReP DATED 1-12-2001 i • . I y �6xE • i T Wrolum if d NOIFD 6 1e� } �1'2j'•` `' O FOUND YOIIINIEIR AS NOTED • nn iVw • "'�Z�r� Da ND.D�5 • " Na 2oE,MIND �! �==a -� TETRATECH RMC y 00.01-4 RE 2602 • •• tllAtaNwNEp.61E1NMMrgY01R.ODNR1 F . b REC. NO 2618919 ebs R .lNa 2_ CS nl "r DATED t-t2-2001 0-4m860tm 7PIMLNATION MNN06MlLW i Se M OF 2 I PLOTTED:: Thu Jun 03 Hn5N0 2004 R:\4205_00gCrpinrIn9\BnorSl M.,. SEE SHEETS 4 w E & 'ya MATCHUNE STA 24+00.00 1 ]CP 14.4;110 ` I MOJ/r,S2CL GSWO PIPE h 0;—RR CROSSING 1�it yS�T�� .r Cry. n.yun puc �-i 1_ a RA .3c.��y] ]T tf \ '11]5 Pp T°C "A-�(b tocounom I ,y P� - I ' I ��.----GS'°131 �t SOP 2b�10.E] II 4 V 6p TOP EV0.90 • Ipr�5� FoN � 9� ' I� II / III i - i I 1 Ii ��P 20N. 10P-Q21 b ? i J:r/ I' ` \10 « i _4 et to Iill i — 6 � e °"' i��- 1 .p,\ >1 «.-- u u u s s V all 0 e IS : F5 l vi I \ iv I I ' i fj . � A g T a W &-i. 8 i ° :- E NO. DESCRIPTION REVISIONS DATE BY WATERLINE PLAN AND PROFILE y e I ETRA TECH RMC a s ;1 tli 1 BRACEWELL OFFSITE WATERLINE T m4] ®w� w s k U's Ali WILLIAM AND DOLORES ROBERTS `°"�"°"'`°°°°°' - • Cole' *eel D it ' Weld County Referral WII'Dc. May 10, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William & Delores Roberts Case Number PF-552 Please Reply By June 7, 2004 Planner Kim Ogle Project Final Plat for a 10-Lot Planned Unit Development with 51+ acres Common Open j Space Legal Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the I 6th P.M., Weld County, Colorado. I Location South of and adjacent to CR 64-1/2; west of CR 27 Parcel Number 0805 30 000074 & 0805 30 000075 I 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. Weld County Planning Commission Hearing (if applicable) U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Iii We have reviewed the request and find no conflicts with our interests. U See attached letter. • Comments: U (1 ( �1t >�itt(\il1 tf CAk1) f: l tamp wt(r z re \l'.k ') Cct:j k&J c c . Signature —*ICI- (then Date co- (I.-�itC Agency 2fAr\-tr\c\ L it iljrr' . +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax kuad File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name William and Dolores Roberts Phone 1970)686-5972 Address P.O.Box 756 City Eaton State CO zip 80615 2. Address or location of access Lots A and B,RE-2342 Section 30 Township 06 Range 66 Subdivision Bracewell PUD,COZ-552 Block Lot Weld County Road # 64.5&27 Side of Road W&S Distance from nearest intersection At Curve 3. Is there an existing access to the property? Yes X No #of accesses 4, Proposed Use: ® Permanent O Residential/Agricultural 3 Industrial Temporary 111 Subdivision 3 Commercial O Other 5. Site Sketch Approximate location of proposed subdivision entrance, cy Legend for Access Description: • AG = Agricultural RES = Residential WCR 64.5 V O&G= Oil&Gas D.R. — Ditch Road For more detail,please see attached plats. Approximate Site Location J 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: 8 REFERRAL LIST NAME:William& Delores Roberts CASE NUMBER: PF-552 REFERRALS SENT: May 10, 2004 REFERRALS TO BE RECEIVED BY: June 7, 2004 COUNTY TOWNS and CITIES _X Ambulance Services _X Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono _X Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE _Garden City Division of Water Resources Gilcrest Geological Survey _X_Greeley Department of Health Grover Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X_Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 _Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 _X Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration _X_Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-4 Greeley Ditch Company Longmont _X Assessor West Adams COMMISSION/BOARD MEMBER OFFICE OF COMMUNITY DEVELOPMENT OOP Planning Division 1100 10th Street, Suite 202, Greeley, Colorado 80631 • (970)350-9780 • Fax(970) 350-9800 City of • www.greeleygov.com Greeley Weld Co:, A . May 26, 2004 G. i r, DePart -"/ CrF10E meet JUN ` 4p ,2004 Kim Ogle EC Vtl E® Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Subject: PF-552 William& Dolores Roberts Final Plat Mr. Ogle, Thank you for the opportunity to comment on this Final Plat review. The City of Greeley Planning staff has reviewed the application and has the following comments: 1. An internal stub street should be platted at both ends of Shilo Road to assure connectivity with future subdivisions in the area and to minimize multiple access points on higher volume roads. 2. The private access road should be paved with concrete or asphalt to reduce the development's impact on air quality. 3. The parking area/school bus turn around should be paved with concrete or asphalt to reduce the development's impact on air quality. 4. Sidewalks and curbs should be provided to protect pedestrian movements. 5. Landscaping should be provided in and around the parking area/school bus turn around to help provide shade for vehicles. If any questions arise, please do not hesitate to contact me at 350-9822. Sincerely, 4la Darrell Gesick Planner I SERVING OUR COMMUNITY • I T ' S A TRADITION 7de/of-urn/se to preserve and improve lice wally of li/e for 9ireeley 1Arouy4limely, courleous and cost e/feclive service. a rit DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631w I IWEBSITE: ww .co.weld.co.us C. Phone (970) 353-6100, Ext. 3540 WI Fax(970) 304-6498 COLORADO May 27, 2004 William & Delores Roberts Final plat for a 10-lot planned Unit Development with 51+ acres common open space. PF-552 1. A separate building permit shall be obtained prior to the construction of any building. 2. A plan review is required for each building. Two complete sets of plans are required when applying for each permit. 3. 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 Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Please contact me for any further information regarding this project. Si eerrJely„ O 6togerr Vigil / Chief Inspector STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe cot Division of Water Resources F, op Weld Count Planning Department �� Department of Natural Resources June 1, 2004 Y FQ o GREELEY OFFICE �- ° 1313 Sherman Street, Room 818 Denver,Colorado 80203 - Phone(303)866-3581 JUN 4 2004 1876 -.-__- FAX(303) 866-3589 RECEfVED Bill Owe www.watecstate.co.us Governor Russell George Mr. Kim Ogle Executive Director Weld County Planning Department Hal D.Simpson,RE. 1555 N. 17th Avenue State Engineer Greeley Co 80631 Re: Bracewell PUD Case no. PF-552 SE1/4 of Sec. 30, T6N, R66W,6th P. Water Division 1,Water District 3 Dear Mr. Ogle: We have previously reviewed the above referenced proposal to subdivide a 79.61-acre parcel into 10 single-family residential lots of approximately 2.5 to 3 acres in size, together with a 46.92-acre common open space by our letter dated October 7, 2002. The submitted material indicates that this is the final plat for this subdivision. The proposed water source for the residential lots is still listed as the North Weld County Water District (District). Since a concern was raised regarding the District's commitment to the subdivision, a signed copy of a Water Service Agreement dated November 14, 2002 was provided to the State Engineer's Office on June 11, 2003. The agreement indicates that, the District will provide water to the subdivision per terms and conditions of the District. The District is currently serving one tap on this property. The developer will be responsible for installing any additional water mains for the proposed development. Based on current records on file in this office the District currently has an adequate uncommitted water supply to provide the water associated with this project. In addition, the referral material indicates that a non-potable water system is being proposed to supply the necessary irrigation water to the open space and individual lots for a total of 3 acres within the subdivision. The common open space site will contain a 33-acre reclamation lake, which was identified in the material as Shiloh Lake. The lake uses will be for irrigation of the Bracewell PUD, fish and wildlife habitat, water skiing, boating and related recreational activities. Mining of gravel resources is still occurring on this property pursuant to Division of Mineral and Geology permit no. M96-060. Mining is anticipated to be completed in the fall of 2005. An application for a water right in Lake Shiloh, a change of water right and a plan for augmentation was filed with the Division 1 Water Court in case no. 2002CW331. The existing 8 shares of the Whitney Ditch water rights owned by the applicant are proposed to be changed in addition to irrigation, to recharge, storage in Lake Shiloh for irrigation of 3 acres, fish and wildlife habitat, water skiing, boating and related recreational activities, augmentation, replacement and exchange. The out-of-priority depletions associated with the 33 acres of evaporation from the free water surface of the gravel pit pond will be replace in accordance with the terms and conditions of the proposed augmentation plan in case no. 2002CW331. Although a copy of a draft finding of the decree in case no. 2003CW331 was provided in the referral material, this letter is not offering an opinion on the irrigation water for the subdivision until the water court approves the decree in case no. 2002CW331. Weld County Planning Dbr .rtment Page 2 Bracewell PUD Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion, that contingent upon water service being provided by the District, the proposed water supply will not cause material injury to existing water rights and the supply is expected to be adequate. However, as indicated above the State Engineer's opinion is only in regard to the domestic water supply by the District. The irrigation water adequacy and injury assessment was not reviewed. If you have any question in this matter please contact loana Comaniciu of this office. S. cer William H. Froncza , Es . q Chief of Water Sup ly cc: Jim Hall, Division Engineer Water Supply Branch Subdivision File WHF/IC/Bracewell PUD Jun 02 04 09: 05a Windsor School District 9706885280 p• 1 (1°4 1:4° MAY 1 2 2004 i Weld County Referral 111 D C. May 10, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William & Delores Roberts Case Number PF-552 Please Reply By June 7, 2004 Planner Kim Ogle Project Final Plat for a 10-Lot Planned Unit Development with 51+ acres Common Open E Space Legal Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the 6th P.M.. Weld County, Colorado. Location South of and adjacent to CR 64-1/2: west of CR 27 Parcel Number 0805 30 000074 & 0805 30 000075 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. Weld County Planning Commission Hearing (if applicable) r❑ We have reviewed the.request and find that it does/does not comply with our Comprehensive Plan --Er have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: a' 1. ni-vne xA tnt &s /, -2-6.02— .1-.�.�rX� 4-frtave` A 4-4 a ita -tea (-4(,t-i & V e r Signature ` 0- V o /�.�/� /� fyra�_ Date Agency <-Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 4(970)353-0100 ext.3540 +(970)30d-6498 tax Weld County Planning 07,—.N;nzni cREFlry a-FIct N►INDSpR Town of Windsor JUN 0 : 2004 301 Walnut Street • Windsor, Colorado 80550•970-686-7476 • Fax. 970-686- I i ikel-sarco.as COLO June 4,2004 Kim Ogle,Weld County Planner Weld County Dept. of Planning Services 1555 N. 17'h Avenue Greeley, Colorado 80631 Subject: Planned Unit Development Final Plat(PF-552)—Bracewell PUD Dear Mr. Ogle: The Town of Windsor Planning Commission reviewed this referral at its regular meeting of June 3, 2004. The property is located outside the Town's Growth Management Area (GMA), but within the Town's Community Influence Area. The subject property is delineated as Community Separator on the Town's Land Use Plan map. Although the application proposes development within a depicted Community Separator, the depictions on the Land Use Plan map are general in nature and the Comprehensive Plan indicates that such areas of open space shall be "...established through due process and negotiations and discussions with the respective property owners." The application proposes to preserve 50.78 acres of open space, or 64% of the entire site, which appears to be consistent with the intent of the Community Separator land use depiction. The Planning Commission has twice previously reviewed referrals for a sketch plan application and a change of zone application regarding the subject proposal and, although the proposed local streets do not meet the Town's minimum standards for right-of-way, pavement width, or maximum length for a closed-end street, the Planning Commission determined during those previous reviews that the proposal should not be required to conform to the Town's street standards due to its location outside the Town's GMA. A letter from the Division of Wildlife dated August 26, 2002 recommends that, "In order to create open space with a high wildlife value on the south side of the parcel, human use should be restricted, especially during critical spring nesting/fawning season. For this reason the Division would recommend situating trails or other amenities attracting large numbers of humans and their pets away from the open space proposed on the south side of the pond." Therefore, the Planning Commission does not wish to require a trail connection that may conflict with the wildlife habitat. Therefore, based upon the aforementioned information and the Planning Commission's previous recommendations, the Town of Windsor Planning Commission recommends approval of the PUD Final Plat to the Weld County Department of Planning Services, subject to the requirements of the Windsor-Severance Fire Protection District being addressed to the District's satisfaction. Thank you for the opportunity to review this proposal. Sincerely, Scott Ballstadt,AICP Senior Planner pc: Gale Schick, Chairman Town of Windsor Planning Commission William and Dolores Roberts, applicants Todd Hodges, Todd Hodges Design, LLC applicant's representative Jerry Ward, Fire Marshall Windsor-Severance Fire Protection District Windsor-Severance Fire Protection District June 1, 2004 Weld County Planning Department 1555 N. 17th Ave Greeley, Co 80631 Attn: Kim Ogle Re: PF-552, William & Delores Roberts The following is an update to the Bracewell Development project. Please be advised that I have reviewed the latest submittal for final plat approval. I currently do not have any issues with the approval of the Final Plat however I will still need to review and approve any and all drawings of the utility plans and the developer shall provide to us a copy of the Geo Technical report showing the construction of the roads and the weight capabilities of them also. It has also been agreed upon by both the applicant and the Windsor-Severance Fire Protection District that each individual residence shall be provided with a fire suppression system. Please keep in mind that the Windsor-Severance Fire Protection District shall inspect every system that is installed prior to the issuance of any Certificates of Occupancy. If you have any questions, please feel free to call me at 686-9596. Cordially, Mike L Davis Fire Prevention Division ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org Memorandum TO: Kim Ogle, W.C. Planning DATE: June 7, 2004 C FROM: Pam Smith, W.C. Department of Public L J) • COLORADO Health and Environment CASE NO.: PZ-552 NAME: William Roberts/Bracewell Est. The Weld County Department of Public Health and Environment has reviewed this final plan application. Primary and secondary septic envelopes have been placed on the Change of Zone Plat (plat is recorded with the Clerk and Recorders office). A review of the Board of County Commissioner Change of Zone resolution finds that all the required plat notes were placed on the plat at that time. Language restricting building on the septic system envelopes has not been included in the covenants. The Departments'recommendations for approval (from the change of zone)are included as follows: 1. Water service shall be obtained from the North Weld County Water District 2. A Weld County septic permit is required for each proposed septic system,which shall be installed in according to the Weld County individual sewage disposal system regulations. Each septic system shall be designed for site-specific conditions,including,but not limited to: maximum seasonal high groundwater, poor soils, and shallow bedrock. 3. Primary and secondary septic system envelopes shall bed designated on each lot Each envelope must meet minimum current setbacks as specified in Chapter 30 of the Weld County Code. 4. Language for the preservation and/or protection of the second absorption field envelope shall be placed on all recorded plats and 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. 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 6. 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. 7. 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. 8. 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. 9. "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 PLATIPF552.RTF 02,x` 0--it jari -",6 140 C)% ' V, _ Willi �tCt Weld County Referral C. May 10, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William & Delores Roberts Case Number PF-552 )y Please Reply By June 7, 2004 Planner Kim Ogle I Project Final Plat for a 10-Lot Planned Unit Development with 51+ acres Common Open Space Legal Lots A and B of RE-2342; being part of the SE4 of Section 30, T6N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 64-1/2; west of CR 27 Parcel Number 0805 30 000074 & 0805 30 000075 I 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. Weld County Planning Commission Hearing (if applicable) `❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan laWe have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: 1 ' I 0: Vici 0--,1 c r c' It e Ce"- Pn,k1-�1e)dta rl Aix -Ist-q///�� C.,Lc, e i 5v es I/O— s '\G,iA L-9-0-.., ;./v col 1001- .�F) ,'ti 4 pig,/%—‘ ts- t'a Signature Date G hpy Agency g Di1i3 , t^ oc IN) 1 t :•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax ,VC!d Cauni P; - I e.nl nF Otetitk, JUN ) A 2004 MEMORANDUM RECncd' `z. FA) ikTO: Kim Ogle, Planner DATE: 10-June-2004 FROM: Peter Schei, P.E., v eer, Public Works Department COLORADO SUBJECT: PF-552 Bracewe 1 U Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ Public Works has reviewed stamped, signed and dated (April 27, 2004) final roadway, drainage, utility / construction plan drawings, by Catherine A. Leslie, P.E., of Tetra Tech RMC. Certified drawings will remain in the department's file for use during construction. ❑ 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 Final Drainage Report for the Bracewell PUD, dated April 2004,by Cathy A Leslie, P.E. with Tetra Tech RMC(Job No. 80- 4205.002.00) is in its initial form acceptable. The final drainage report must be revised and resubmitted to Public Works with the following: o A topographical map showing the `big-picture' drainage of the surrounding area of the proposed development. ❑ The Declaration of Covenants, Conditions and Restrictions for Bracewell PUD Homeowners Association discuss Shiloh Road maintenance,but do not discuss proposed Shiloh Lane as shown on the final plans. o The applicant must address the homeowner's association responsibility for maintenance and snow removal of the internal subdivision roadway, Shiloh Lane. Weld County does not maintain unpaved subdivision roadways. ❑ The applicant or their agents may be required to obtain permits from Weld County's Public Works Right-Of-Way Agent,Ted Eyl, for each utility. Li The applicant has submitted on-site Improvements Agreement,which has been reviewed by Public Works. o A Hall-Irwin Construction Division estimate, dated August 20`s, 2002, was used to verify the on-site improvements listed on Exhibit "A" in the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). The estimated construction costs appear to be adequate to complete the project, which totals $560,480. Public Works is not aware of any significant increase in construction costs, but the applicant at their own discretion may consider procuring an updated final estimate. o Non-transportation items must be verified by the Planning Department prior to scheduling the agreements for acceptance by the Board of County Commissioners. o The Public Works Department recommends acceptance of the transportation portion of "Exhibit A" for the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance). o The Board Of County Commissioners prior to recording the final plat shall approve the agreement. ❑ The subdivision monument sign(as indicated by the design provided by Shawn Sign and Awning, Inc.)shall be located outside of the sight-distance-triangles. Recommendation ❑ 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:PF-55213racewell PUD(Final Plat) Email&Original:Planner PC by Post Applicant J2d 11t' PC by Post: Engineer -72 f Yti Te ck /Chit. Page 1 of 1 vm MEMORANDUM To: Kim Ogle , /) From: David Tuttl �`/p✓(/ Date: June 15, 2004 Subject: PF-552 Please see recommendations on change of zone. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the 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. Memorandum TO: Kim Ogle, W.C. Planning DATE: June 28, 2004 Will Pam Smith, W.C. Department of Public FROM: Pa Health and Environment COLORADO• CASE NO.: PF-552 (Revised) NAME: William Roberts/Bracewell Est. The Weld County Department of Public Health and Environment has reviewed this final plan application. Primary and secondary septic envelopes have been placed on the Change of Zone Plat (plat is recorded with the Clerk and Recorders office). A review of the Board of County Commissioner Change of Zone resolution finds that all the required plat notes were placed on the plat at that time. Since the initial comments were written, language restricting building on the septic system envelopes has been included in the covenants. Since the Change of Zone,the applicant has chosen to install restroom and handwashing facilities (non-potable water) at the School Bus Stop/Picnic Area and has had conversations with this Department about the facilities required. The following conditions are recommended to address the restroom/handwashing facilities: 1. The picnic shelter area shall provide, at a minimum permanent, vaulted restroom facilities. A vault facility similar to a rest area or park service facility is recommended. 2. All spigots utilizing non-potable water shall be posted as such at all times. Because this will be near the school bus stop, the language should be simple to read and easily understood. The Department suggests something like: This water has not been treated and is not safe for drinking or cooking uses. The Departments'recommendations for approval(from the change of zone application)are included as follows: 1. Water service shall be obtained from the North Weld County Water District. 2. A Weld County septic permit is required for each proposed septic system,which shall be installed in according to the Weld County individual sewage disposal system regulations. Each septic system shall be designed for site-specific conditions,including,but not limited to: maximum seasonal high groundwater, poor soils, and shallow bedrock. 3. Primary and secondary septic system envelopes shall bed designated on each lot. Each envelope must meet minimum current setbacks as specified in Chapter 30 of the Weld County Code. 4. Language for the preservation and/or protection of the second absorption field envelope shall be placed on all recorded plats and 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. 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. 6. 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 1 of the Weld County Health Department, a fugitive dust control plan must be submitted. 7. 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. 8. 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. 9. "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 PLATPF552.RTF 2 PL1640 2004-2503 Large Maps Located in Original File Not Scanned Hello