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Home My WebLink About20031674.tiff RESOLUTION NO. 2003-04R A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF THE PROPERTY KNOWN AS THE SADDLER ANNEXATION IS IN SUBSTANTIAL COMPLIANCE WITH C.R.S. 31-12-107(1) AND SETTING A DATE FOR A HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE TO CONSIDER ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED. WHEREAS, the owners of 100% of the property known as the Saddler Annexation have filed a Petition for Annexation of the hereinafter described property to the Town of Severance,and; WHEREAS, the Board of Trustees has determined that the Petition is in substantial compliance with C.R.S. 31-12-1070) and that a hearing on such annexation should be scheduled as provided by Colorado law. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE,COLORADO AS FOLLOWS: Section 1. The Board of Trustees hereby accepts the above described petition for annexation and finds and determines that the petition for annexation of the property described as the Saddler Annexation and as described in Exhibit "A" attached hereto is in substantial compliance with the requirements of C.R.S. 31-12-107O) and Section 30 of Article II of the Colorado Constitution and desires to initiate annexation proceedings in accordance with law. Section 2. The Board of Trustees will conduct a public hearing on the 16th day of July, 2003, at the hour of 7:00 p.m. or as soon after as possible at the Town Hall, Town of Severance, 231 West Fourth Avenue, Severance, Weld County, Colorado for the purpose of determining whether the area proposed to be annexed meets the applicable requirements of C.R. S. 31-12-104 and 105, and to determine whether the area should be annexed to the Town of Severance. Section 3. The Town Clerk is hereby directed to publish notice of this hearing once each week for four consecutive weeks in the Greeley Tribune the designated newspaper for the Town of Severance. PASSED,ADOPTED AND APPROVED THIS 4TH DAY OF June,2003. rR ✓c� TOWN OF SEVERANCE, COLORADO O r o SEAL A ST: OO/ �� Pierre De Milt, Mayor Lem Patricia J Lesh,Town Clerk C r Z 2003-1674 Todd Hodges Design, LLC Saddler Annexation and Zoning To the Town of Severance Prepared for: Saddler Arena Group Prepared by: Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80526 Submitted: May 13, 2003 1269 North Cleveland Avenue • Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775 email: toddhodgesdesign(agwest.net Saddler Annexation to the Town of Severance Annexation and Planned Unit Development Table of Contents 1. Application Form 2. Annexation Petition 3. Narrative a. Property Description i. Legal Descriptions ii. Location b. Statement of Physical Connection to the Town of Severance c. Statement of Benefit to the Town of Severance d. Proposed Land Uses i. Residential Component ii. Arena Component iii. Commercial Component iv. Internal Circulation 1. Motorized Vehicle 2. Recreational v. Open Space e. Existing District List f Compliance with the Town of Severance Comprehensive Plan and Zoning Regulations g. Landscaping h. Environmental Studies i. Public Lands Dedication 4. Water Letter 5. Covenants 6. Reduced Plans 7. Overall Concept Master Plan, 11 x 17 color rendering 8. Fiscal Impact Analysis 9. Plat and Zoning Map, Attached SEVERANCE DEVELOPMENT REVIEW WORKBOOK LAND USE APPLICATION Project Name Saddler Arena PUD and Annexation Applicant's Name Saddler Arena, LLC do Duane lmmel Phone (303) 298-0041 Date Submitted Fee Paid Application Type(check all that apply): X Annexation _ Administrative Site Plan Final Plat Concept Master Plan Major Subdivision X Zoning Site Plan Minor Subdivision Rezoning Special Use X Preliminary Plat Other PUD COMMENTS: PROJECT INFORMATION (AS APPLICABLE) Project Location: North of and adiacent to SH 14, east of and adiacent to WCR 17, west of and adiacent to WCR 19 Existing Use Agricultural Proposed Use Commercial, Residential, Arena Existing Zoning Agricultural Proposed Zoning PUD No. Existing Residential Lots: 0 No. Proposed Residential Lots: 73 No. Existing Commercial Lots: 0 No. Proposed Commercial Lots: Var. See attached plat No. Existing Industrial Lots: 0 No. Proposed Industrial Lots: 0 Average Lot Size: Including Townhomes: 0.9 acres, Minimum Lot Size: Townhome site or 0.5 acres not including Townhomes: 1.79 acres Parkland (Sq. Ft and acreages) 83.63 acres Parkland (Dedicated to Public) Irrigation Water Source (acreage of each): Potable X Non Potable: Total Development Area (Acres): 292.58 acres Total Residential (Acres) 138.35 Total Non-Residential (Acres) 154.23 Total Open Space (Acres) 83.63 Total Number of Proposed Phases Acres per Phase Lots Per Phase 1 SEVERANCE DEVELOPMENT REVIEW WORKBOOK LAND USE APPLICATION Property Ownership Information P�/t Owner of the Property� i<�� I n-,L . �-�Kf�W /i Address 5rt tact-K iV� ( ` �O�T Q Av , G ?0C2C Telephone Number eqD " Jai - 6'i 9S Fax Number 17.40' 01.66-aig Owner of the Property Harvey Thompson Address 900 Belvedere Court Co Fort Collins, CO 80525 Owner of the Property ` cx. Orsc.\ 4'i6 Address 903 So c-ek G f e ewS B14- ?"/n� F• C /) 'r1S CO a)c 5- Owner of the Property>> l-1 1N A / /Address dC ) t� f -'L r e /con'' OT/,/c , /d3%n, Owner of the Property / / /c,ee y /` • 4€////7%Q Address �!5 I'e> At) Cr , lit" LO/L, rri CHIT Consultants Consultant Todd Hodges Design, LLC Engineer Dennis Messner/Messner Engineering, Inc. Address 1269 North Cleveland Ave. Loveland, CO 80537 Address 150 E. 29th St. Suite 270 Loveland, CO 80538 Phone (970)613-8556 Fax (970) 613-8775 Phone (970) 663-2221 Fax 1pMb 2 SEVERANCE DEVELOPMENT REVIEW WORKBOOK LAND USE APPLICATION Referral List(Review with Planner) CERTIFICATION I certify that I am the lawful owner of the parcel(s) of land which this application concems and consent to this action. Owner Date S-/2-D3 �r� .-I Owner ao. '� i u Date 1 a nAa41 O 3 Owner a— Date S-I2 -03 Owner _ Date 3--7) --O3 Owner . __ ' Date F2-4".� I certify that the information and exhibits I have submitted are true and correct to the best of my knowledge. In filing this application I am acting with the knowledge and consent of the property owners. I understand that all material and fees required by the Town of Severance must be submitted prior to having this application processed. Applicant Date C-12—0.? Applicant }\ai. Date I a tb(.gy o Applicant / Date S-/2 -03 Applicant/ Date -5= Applicant ` - Date J/L/1.x3 Town of Severance by Date m. a 3 Annexation Petition TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO: The undersigned, in accordance with Title, 31, Article 12, Chapters 101 et. Seq., Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Severance for annexation into the Town of Severance and the territory described herein and described and shown on the map designated "Saddler Annexation". Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference. Exhibit A must be an original printed property description on 8-1/2 x 11 inch white paper In support of this petition, the petitioner(s) allege(s)that: 1. It is desirable and necessary that the above-described territory be annexed to the Town of Severance. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Severance. b. A community of interest exists between the territory proposed to be annexed and the Town of Severance. c. The territory sought to be annexed is urban or will be urbanized in the near future. d. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Severance. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate compising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same of substantially the same area in which an election for an annexation to the Town of Severance was held within the twelve months preceeding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Severance. 7. The territory proposed to be annexed is not presently a part of any incorporated town, town and county, or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s) of this petition comprises (a) more than fifty (50) percent of the land owners and owning more than fifty (50) percent of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred (100) percent of the property set forth in Exhibit "A" attached hereto and incorporated herein by reference. Accompanying this petition are the original and all required copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map illustrating the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plats or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the Town of Severance. F. Acceptance block describing the acceptance action of Town of Severance and providing for the effective date and Town Clerk and Mayor attest signatures. G. Except as otherwise provided, no part of the territory sought to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one (1) year before this annexation will become effective. H. A concept or master plan and supporting documents as required by the regulations of the Town of Severance. Exhibit A South half of Section 9, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Severance to annex the territory described and referenced to in Exhibit "A" to the Town of Severance in accordance with and pursuant to the statutes of the State of Colorado. Land Owp rs Names -}4a ( Signatures Mailing Address Date I a Mc E3 Harvey D. Tho pson 900 Belvedere Ct. Fort Collins, CO 80525 _lit L , aoL* i ea, 5t0o SeitROWh l.IC ,- -/2-03 \\N c1� Qc�;o�o / �� XO3 �u��o;c�9e Geeev S Pt4 5-R-0? f}, Coll"ng, co goS2.S �4R,Csh�V rss••� 1z 7-0 .I I c v'4 itu Cu4,0L ��/ 7-'nd a./fr..e.,/,:vocXfriAlrfre�� 1„),,icily o3 Pex,vet?, Co 8'o a 3,g- �. C Zika1 a ft/2h The foregoing signatures were subscribed and sworn to me before this /6'r day of 1i11ty , 2003, by Jt(f vy L: Cro tole q , flit' . 8u.hial7) , I4a.rvel D.1Ynrnp'6bn TuAtih rmniol -e 'Terry K. RAJ',£b Witness my hand and official seal My commission expires: --\\111/4 M. Dell . + ARC i 1 1.4.. 44.)146)-to • Notary Public 1i1 w .c P. 1�1 2F coo)P: My Comndss n Expl!es 61/2005 Saddler Annexation to the Town of Severance Annexation, Planned Unit Development and Preliminary Plat Narrative Property Description Legal Description South half of Section 9, Township 7 North, Range 67 West of the 611'P.M., Weld County, Colorado. Location The site is located north of State Highway 14, east of and adjacent to WCR 17, and west of and adjacent to WCR 19. Statement of Community Need The Saddler Annexation and Planned Unit Development proposes a unique residential and commercial opportunity for the Town of Severance. The general concept of the development is to create a subdivision of single-family residential lots, condominium units, an arena site, and commercial component. These components will enhance the site, compliment surrounding property uses, and maintain a high level of integrity in site design. A variety of single-family uses ranging in size from one-half-acre to more than five-acres are proposed. Each residential lot has immediate access to an open space area. Equestrian/open space corridors are located throughout the large residential lots. Several ponds provide an outdoor learning opportunity and enhance the natural beauty of the property. The ponds are proposed to be designed to provide a non-potable irrigation system for the site. Every attempt will be made to retain the existing mature vegetation on site. The layout and design of the proposed development respects the surrounding agricultural land uses by surrounding the proposed lots by common open space. The Saddler Arena Use by Special Review permit was issued through Weld County on Lot A of Recorded Exemption RE-3101 in 2002. The proposed Saddler Arena is a state- of-the-art arena, attracting international clients. The arena is also capable of serving temporary uses such as antique, recreational vehicle and other animal shows. Other uses that can be included but not limited to are: rodeos, fairs, auctions, flea markets, indoor lacrosse, indoor soccer, dog shows and trials, and archery tournaments. The arena provides the opportunity for children and adults to live in a pleasant environment while raising, showing, and caring care for their animals within a 320-acre development. The intent of the proposed residential and commercial component is to compliment each other by providing an added benefit for horse-owners to live, recreate, and receive goods and services in the same area. An added goal is to maintain the agricultural heritage of the area by retaining this strong equestrian-themed development. These goals are 1 attainable and will benefit the residents of Severance by providing this unique opportunity. While many subdivisions offer a residential component, this proposal offers the opportunity for a community to be formed around the concept of equestrian recreation, living, and commerce. The benefit to the greater community of Severance is an increased population base (maximum of 152 households) to patronize the local businesses and service providers in the Town. An additional 380 (number of households multiplied by 2.5 persons) persons are estimated to live in this development. These individuals will require the services currently offered through residents of Severance. This population increase will also provide the opportunity for others to venture into new business venues. Proposed Land Uses Proposed land uses within the subdivision include single-family residential, agricultural, commercial, and open space uses. The acreage for each component is listed in the table below: Total Component Component Acreage 31 Single Family Estate, Large 107.36 Lot 41 Residential, '/-acre Lot 21.86 70 Residential, Condominiums 9.13 Arena Site 35.74 Commercial Component 27.44 Larimer County Canal 7.42 Open Space 83.63 TOTAL LAND USE ACREAGE 292.58 (Minus Internal Road) The specific architectural styles of all structures will be selected by the individual lot owners. Standard limitations will be outlined in the attached draft covenants. Employees for the non-residential component will be determined by the particular commercial use. This project has been master planned to ensure a cohesive, integrated and aesthetically pleasing design. The relationship between all proposed structures, uses therein, motorized and non motorized circulation, and the open space components were thoughtfully considered in planning the overall site design. The site is designated an "Urban Development Node" through Weld County. This designation was made due to the intersection of two state highways. Through traditional 2 development in Weld County, this site would be deemed conducive for Urban Development. The applicants realize the economic benefit to the Town of Severance and the sense of community achieved through annexation. Therefore, this property is applying for annexation and development through the Town of Severance. A careful site assessment was made in 2001 to determine site design, unique site features, safe access and conservation areas. The topography of the site is varied. The eastern portion of the site is very diverse with hills and valleys. The western portion of the site is relatively flat and nestled in an existing stand of mature trees. The two different residential portions of the property are as diverse now as they will be when developed. The site design accepts, preserves and maximizes on the existing site topography, vegetation and view corridors. Residential Component The 41-half-acre lots are nestled in the northwestern portion of the site. These lots will have the advantage of existing mature plant material, open space, and existing higher topography than the remainder of the site. A large amount of open space, including ponds surround each site to provide privacy and enhance the natural setting. The 31 larger parcels are located in the north central and eastern portions of the property. These lots have the advantage of rolling topography, natural vegetation and existing mature plant material. Animals will be allowed on the larger lots as stipulated in the Covenants. The condominiums will be located to the south of the half-acre parcels. The condominiums are oriented in such a manner to take advantage of on-site open space and the views to the front range mountains. A club house, pool and tennis court are planned for the central area. The specific location of these amenities is available on the attached concept drawing provided by Kenny Associates. Arena Component The arena site proposes up to 80 stalls to be used by residents of the Saddler PUD. Additional stalls (250) are proposed for use during equestrian events on the site. These stalls are to be managed by one of the 30 Saddler Arena personnel. A detailed diagram of the arena site is attached. Additional on-site amenities include a restaurant and bar to seat 100, offices, employee housing (3 apartment units) and a venue for special events. The physical components of this Arena site flow in a practical manner. The entrance to the complex houses office and support staff. This entrance is connected to the barn (north) and the arena(east). An outdoor arena, livestock pen with appropriate loading are located north of the arena. East of the barn is space for future expansion via an additional barn. West of the entry is another arena with seating and a warm-up area. North of this area is an outdoor arena, and space designated for maintenance and feeding activities. Guest parking is located south of the entrance drive off Saddler Boulevard. 3 The arena will seat 1,500 and be host to equestrian events. An added option for the arena is to host antique shows, dog shows, 4-H events, boat shows, rodeos, dressage, fairs, auctions, flea markets, indoor lacrosse, indoor soccer, archery tournaments and other events requiring a large venue for event housing. The arena will house a maximum of 150 permanent horses. Horses for events will be stabled per each event. A manure handling plan was submitted and reviewed by Weld County Department of Public Health and Environment with the Use by Special Review application. The animal pens will be cleaned on a regular basis. Waste will be removed and delivered to a composting facility. The Commercial Component The Commercial Site will include the following items: One 200-unit Motel Two 100- seat Restaurants (one with a bar) A 100-unit recreational vehicle park One gas station with a convenience component and car wash A total of 22,500 square feet dedicated to retail/service space These amenities provide the opportunity for individuals living and visiting this site to recreate, obtain meals and lodging, and live in a well-planned master community within the Town of Severance. Internal Circulation Motorized Vehicles The internal roads will be paved and designed to non-urban Standards. The eastern residential component will be accessed by two points off Weld County Road 19, Horseshoe Bend. These two accesses are joined and form a loop road, Horseshoe Bend. The loop forms the lots for Lots 71-73. There are two cul de sacs located off this internal road, Cul de sac A and B (to be named at a later date). The residential component located in the center of the development will be accessed by two routes. The first access is off Weld County Road 17, Rodeo Drive, through the one- half acre lot development. A large loop road, Rodeo Circle, encircles four lots (Lots 53- 56). The second method of access to these lots is off State Highway 14, Saddler Boulevard onto Saddler Drive and to Rodeo Circle. This route leads people through the commercial component. The cluster of condominiums will be accessed off Weld County Road 17 through the internal road, Saddler Drive. The one-half acre lots located in the northwestern portion of the property will be accessed from two points along Weld County Road 17. The first alternative is the northern most 4 access point, Rodeo Drive. The second alternative is from, Bridle Ridge Road. Both roads are connected forming a loop. Lots 1-6 are located west of Bridle Ridge Road. A larger loop road intersects Bridle Ridge Road at Lots 17/18 and 39. This intersecting road is named Bridle Ridge Circle. Cul de sac C, to be named later, is formed off the southern portion of Bridle Ridge Circle and provides access to Lots 24-28. The arena will be accessed from State Highway 14. A veterinarian checkpoint will be located as a median north of this access in Saddler Boulevard. The RV Park will be accessed from the State Highway 14 point. The various commercial components will have two access points. One is from the State Highway 14 access, the other is from Weld County Road 17. This internal road, Saddler Drive bisects the commercial components in a relatively straight west to east fashion. The entrance points at State Highway 14 and the southernmost access on Weld County Road 17 may be enhanced by a detention entrance treatment. Recreational Circulation Recreational circulation will be readily accessible to all residential lots in various forms. A fifty (50) foot green belt traverses the property from east to west. This green belt will provide the opportunity for linear recreational activities such as a steeplechase. This green belt begins between the eastern lots 71-73 and 66-67 in a southwestern direction. A crossing over the Larimer County Canal then straightens the green belt to run in a western direction along the south side of Lots 48-50. At the southern property boundary of Lot 48, the green belt turns southwestern along the southern property line of Lot 46. It is at this point that the green belt connects with the open space located in the western portion of the property. The eastern lots are surrounded by a green belt with an average width of one hundred (100) feet. A pond and greater open space is available at the southern boundary, just north of State Highway 14 and just west of Weld County Road 19. The north central lots are also surrounded by a green belt. A recreational path bisects this space between Lots 52 and 57, Lots 53/54 and 55/56, as well as Lots 44 and 45. This fifty (50) foot-wide path connects the lots on the eastern portion to those one the western portion and vice versa. A crossing over the Larimer County Canal at this northern location is for pedestrian and equestrian uses. The northern boundary of the clustered condominium component will provide immediate access to the open space components and greenways throughout the entire development. 5 Open Space The intent of the open space component is for the Town of Severance to accept a Conservation Easement on the open space components. The Open Space will eventually be conveyed to the Service/Metro District or Home Owners Associations. Details regarding this transaction will be solidified through the land use process. Five ponds will provide irrigation water, aquatic education, habitat and natural beauty to the open space component of this development. The applicant is interested in researching the viability of creating a riparian habitat within the pond system. The irrigation ditch located in the eastern portion of the property will be crossed at two locations. The southern crossing will allow for pedestrian and equestrian uses only. The northern crossing will allow pedestrian, equestrian and equipment crossing. These crossings are proposed to heighten the sense of connection to all portions of the greater community. The ditch located in the western portion of the property will be relocated underground. The applicant has been in contact with the ditch company and will continue to work with them throughout this process. Oil & Gas Interests A concept plan has been sent to the mineral interests legal council for their review. The applicant will continue discussions concerning the minerals interests on this parcel. Existing District List The following district list was obtained through the Weld County Treasurer's Office and lists districts impacted by this proposal. District Provider District Name School District Weld RE-4 Water North Weld County Water District Fire Protection Poudre Valley Fire Authority Sanitation Box Elder Sanitation District Junior College Aims Junior College Library Windsor Library District The impact to the Windsor/Severance School District will be mitigated by providing the established cash-in-lieu of land dedication fee at the time a building permit is issued. Further narrative regarding the impact to the School District is discussed in attached documents. Because of the demographics of the population interested in residing within this community, it is estimated that there will be an addition of 45-50 school aged children in the school district. At the same time, the district will enjoy a substantial increase in it's tax base with full build out. 6 Compliance with Town Comprehensive Plan and Zoning This proposal is consistent with many sections of the Zoning Regulations and the Comprehensive Plan for the Town of Severance. Without detailing each section of compliance, the following overriding themes of compliance will be detailed. Town Zoning The master planned community will have a PUD zoning classification, with uses as proposed on the plans which include: single-family residential, condominiums, recreational, and commercial. Within the residential component, three classifications will be made. The first will be approximately 70 condominiums. The second will be a cluster of 41 half-acre residential lots. The third will be 31 estate lots of approximately 3 to 5 acres each. The commercial component will be used for but not limited to a Motel Pad, R.V. Parking, Restaurant, Retail Pads, Veterinarian Clinic, Car Wash and Gas Station. These varied uses will be consistent with the Statement of Intent of the Planned Unit Development District as outlined in Section 6-10 of the Town of Severance Zoning Ordinance. More specifically, the Saddler PUD will provide a unique community of interconnected buildings and ancillary uses. The integrated open space will serve as visual/aesthetic buffer, environmental purposes, and recreational opportunities (Section 6-10.A.4.a and b). Unity and diversity of this development highlights the equestrian use and theme of the development (Section 6-10.A.4.c). An added bonus of this development is the desire and commitment to retain all healthy mature plant material on site. This act not only enhances the financial reward of providing a well-planted and healthy landscape, but this act also enforces a strong tie to ecological responsibility. The open space will be used for recreational and environmental educational opportunities. (Section 6-10.A.4.d). Town Comprehensive Plan and Guiding Principles This project is located within the Town of Severance's Growth Management Area, as recognized on the most current Town maps available. Section 2.8 details goals and policies pertaining to efficient development, respect for the agricultural heritage of the area, and high quality development. The Saddler PUD will accomplish these three goals. A community will be created around an equestrian theme. The size of the '/-acre and 3+- acre lots encourage an agricultural feeling. This proposal will offer children and adults the opportunity to recreate, conduct business and live within the Town of Severance in a compact neighborhood. This goal elevates a sense of security, a sense of place, and a feeling of home. The approval of this proposal will ensure consistency with the goal of ensuring the logical extension of the Town boundaries so that Severance grows in a fiscally sound manner. The domestic and irrigation water, sewer disposal, storm drainage, internal circulation, impact to external road networks, and impact to local service providers have been taken into consideration. This application has incorporated many responses from referral 7 entities prior to submitting the application. Further, evidence has been provided that all referral entities have been provided with this application packet. Element 5 discusses the importance of parks, recreation, open space and the environment. As stated previously in this narrative, the goal is to provide and opportunity for children and adults the opportunity to recreate, conduct business and live within the Town of Severance in a compact neighborhood. The open space will provide an outdoor ecological and environmental teaching opportunity. The trails provide for recreational opportunities. There is a strong commitment to retain all healthy mature plant material on site. This act not only enhances the financial reward of providing a well-planted and healthy landscape, but this act also enforces a strong tie to ecological responsibility. An added benefit is the preservation of these undeveloped portions of the property in a perpetual conservation easement held by the Town of Severance. Discussion regarding this transfer is discussed previously. Further study conducted by the Environmental consultant, Edith Savage, provided information regarding impact to species and ecosystems. This report offers benefits to the property owner. Such issues shall be addressed prior to or at the time of final plat. Element 7 addresses goals and policies for housing within the Town of Severance. There are three opportunities for residential development — townhouse, V2 acre lots, and the larger estate lots. These three opportunities will provide a home to a wide range of socio- economic groups. Element 8 discusses the need for Economic Development and the interrelatedness of Economic health and a community's health. The Saddler PUD will provide a variety of compatible economic activities. From the veterinarian clinic, hotel, and commercial opportunities, the residents of the neighborhood, as well as the greater northern front range, will frequent this unique equestrian commercial venue. Landscaping The attached preliminary landscape plan illustrates a generalized concept proposed planting locations. By utilizing native and drought tolerant species, the dependence upon water, pesticides and other chemicals is reduced. Chosen species will acclimate easily to this site and thrive. The natural beauty provided by these species will provide a good example to individual home owners to utilize these species for natural success. The open space areas will be planted in native and drought tolerant species. Existing mature plant material will be preserved when possible to heighten the aesthetic value of the property. A more detailed landscape plan will be part of final plat submittals. 8 Environmental Studies Savage and Savage are completing environmental studies. As specific species have prime seasons to conduct sensitive studies within, the appropriate environmental studies will be completed at the appropriate time to receive accurate results. Preliminary results indicate the property is not likely to be habitat to the Preble's meadow jumping mouse. A disqualification concurrence may be obtained through the U.S. Fish and Wildlife Service at a later date. A pedestrian survey may be conducted along the wetland margins within the northwest and southeast site corners for the Ute ladies-tresses orchid. This survey should be conducted during the flowering time, July 20 to August 31. Lastly, the study indicated there may be jurisdictional wetlands and jurisdictional water of the United States within the project site. If development affects either wetland or water, the U.S. Army Corps of Engineers will need to be involved. Public Lands Dedication The intent of the open space component is for the Town of Severance to accept a Conservation Easement on the open space components. The Open Space will be eventually be conveyed to the Service/Metro District or Home Owners Associations. Details regarding this transaction will be solidified through the land use process. 9 FROM : MESSNER ENG FAX ND. : 970 663 0368 Mar. 21 2003 12:13PM P2 BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE,CO 80646 ROBERT ARNBRECHT r="' CHARLES ACHZIGER r ,,,.! III , DON POSSELT, DISTRICT MANAGER RALPH PRIOR ., 1 JOHN JOHNSON P.O. BOX 56 • PHONE(970)356-3020 - FAX(970)395-0997 ss: e-mail- water@nwcwd.oro March 19,2003 Messner Engineering,Inc. Dennis R.Messner 150 E.29°'Street,Suite 270 Loveland,CO 80538 Re: Saddler Arena PUD North Weld County Water District is able and intends to serve the proposed 84 Lots,located in the S %1 of Section 9,Township 7 North,Range 67 West,of the 6'^Prime Meridian. To provide water service and 1,500 gpm fire flows with a residual pressure greater than 20 psi,North Weld County Water District will have to construct additional pump facilities and waterlines to the subdivision. The costs associated with water service shall be the current Plant Investment Fee per Lot prior to water being supplied to the subdivision or phase of subdivision. If the subdivision is completed in phases,the District's Board of Directors must approve the staging of Plant Investments. The Water Mains serving the subdivision shall be paid for and constructed by the Developer,according to the District's Standards and Specifications. Raw Water shall be purchased through North Weld County Water District before an individual tap will be set. The Raw Water Cost may be paid by the developer,or by the individual lot owner. Refer to the following Table for the costs of the associated Fees at the present time. All Fees and Requirements are subject to change without notice,therefore;it is recommended to keep in contact with the District periodically for updated costs and requirements. Fees and Cost Time of Payment Requirements (as of April 1,2003) Off-Site Infrastructure $0 After County Approval,Before Construction Begins Fire Flow Fee $192,900 Date To Be Determined Plant Investment Fee $7,500 per Lot($630,000) Date To Be Determtned Distance Fee $300 per Lot($25,200) Date To Be Determined Raw Water Requirement $13,000 per Lot($1,092.000) Before Individual Meters will he Set _Meter Set Fees Approx.$800 per Lot($67,200) After Individual Meters have been Set• _ _ Total Fees Developer Portion Total Cost for 84 Lots with 1,500 gpm Fire Flow $2,007,300 $848,100 It is the Developers'responsibility to have the internal water mains designed by an engineer,and such designed plans shall be approved by the District. When the Developer is ready to proceed,the District and the Developer will enter into a legal Water Service Agreement. If you have any questions,you can contact me at the office(970)356-3020. Alan Overton North Weld County Water District Preliminary Draft BYLAWS OF BRIDLE HILL ESTATES P.U.D. ASSOCIATION ARTICLE I Name and Location The name of this nonprofit Corporation is Bridle Hill Estates P.U.D. Association, hereinafter referred to as the"Association." The principal office of the Corporation shall be located at 3615 Mitchell Drive, Fort Collins, Colorado 80525, but meetings of members and Directors may be held at such places within the State of Colorado, County of Weld, as may be designated by the Board of Directors. ARTICLE II Definitions Section 1. "Association" shall mean and refer to Bridle Hill Estates P.U.D. Association, its successors and assigns. Section 2. "Property" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions for Bridle Hill Estates P.U.D. in Weld County, Colorado. Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. Section 4. "Act" shall refer to the Colorado Common Interest Ownership Act (Colorado Revised Statute 38-33.3-101 et seq.), as amended from time to time. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot within the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Bridle Hill Estates, its successors and assigns. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property recorded in the office of the Weld County Clerk and Recorder, Colorado. 1 Preliminary Draft Section 8. "Members" shall mean and refer to lot owners, who shall be entitled to membership as provided in the Declaration. ARTICLE III Membership Every person or entity who is a record owner of a fee, or undivided fee, interest in any lot within the Property including contract sellers, but not including contract purchasers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to, and may not be separated from, ownership of any lot. ARTICLE IV Voting Rights Subject to the requirements set forth below, Declarant reserves the right to appoint and remove the officers and members of the Board of Directors of the Association until the earlier to occur of the following: (a) sixty days after conveyance of seventy-five percent (75%)of the lots within the Property to owners other than Declarant; or(b)two years after the last conveyance of a lot by Declarant in the ordinary course of business. Not later than sixty days after conveyance of one-fourth (1/4th) of the lots within the Property to owners other than Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Board of Directors must be elected by owners other than Declarant. Not later than sixty days after conveyance of fifty percent (50%)of the lots to owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%)of the member of the Board of Directors must be elected by owners other than Declarant. Upon termination of the period of Declarant's control, the owners shall elect a Board of Directors of at least three members, at least a majority of whom must be owners other than Declarant or designated representatives of owners other than Declarant. The Board of Directors shall elect the officers. The Board of Directors and officers shall take office upon termination of the period of Declarant control. Declarant reserves the right to voluntarily surrender Declarant's right to appoint and remove officers and members of the Board of Directors before termination of the period of Declarant control set forth above, in which event Declarant may require, for the duration of the period of Declarant control set forth above, that specified actions of the Association or Board of Directors, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. 2 Preliminary Draft ARTICLE V Meeting of the Members Section 1. Annual Meetings. The first annual meeting of the members shall be held in May, and each subsequent regular annual meeting of the members shall be held on the second Tuesday in May of each year thereafter, at the hour of 7 o'clock p.m. If the day for the annual meeting of the members if a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by a majority of the Board, or upon written request of members who are entitled to cast at least fifth-one percent (51%)of the votes. Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary of person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, not less than ten(10) nor more than fifty (50) days before such meeting to each member entitled to vote thereat, addressed to the mailing address of each lot or to any other mailing address designated in writing by each lot's owner. Notices may also be hand-delivered. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, and any proposal to remove an officer of a member of the Board. Section 4. Quorum. A quorum shall be deemed present throughout any meeting of the Association if persons entitled to cast at least fifty percent plus one (51+%) of the votes are present, in person or by proxy at the beginning of the meeting. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement to those members present or represented. A majority of the votes entitled to be case by the members present, or represented by proxy at a meeting at which a quorum is present, shall be necessary to transact business and to adopt decisions binding on all members. Section 5. Voting/Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. Voting at meetings shall comply with Section 38.33.3-310 of the Act. ARTICLE VI Board of Directors: Selection: Term of Office Section 1. Number. The affairs of this Association shall initially be managed by a Board of three (3)Directors. The number of Directors may be enlarged from time to 3 Preliminary Draft time. The number and selection of Directors elected by persons other than the Declarant shall comply with the provisions of Section 38-33.3-303(6)of the Act. Section 2. Term of Office. The initial members of the Board shall serve for terms of one (1) year. Section 3. Removal. My director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a Director, his or her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No Director small receive compensation for any service he or she may render to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of his or her duties. ARTICLE VII Nomination and Election of Directors Section 1. Nomination. Until otherwise required by the Act, the Directors shall be appointed by the Declarant. Thereafter, and to the extent that Directors are to be elected by persons other than the Declarant, nomination for election to the Board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting. The nominating committee shall consist of a Chairman who shall be a member of the Board, and two (2)or more members who are not serving on the Board. The nominating committee shall be named prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or nonmembers. Section 2. Election. Election to the Board shall be by secret written ballot. At such election, the members or their proxies may case, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII Meeting of Directors Section 1. Regular Meetings. Regular meetings of the Board may be held monthly or at some other regular interval established by the Board, without notice, at such place and hour as may be fixed from time to time by resolution of the Board. 4 Preliminary Draft Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board shall be held when called by the president of the Association, or by any two Directors, after not less than three (3) days' notice to each Director. Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE IX Powers and Duties of the Board of Directors Section I. Powers. The Board shall have power to: (a) Adopt and publish rules and regulations governing the use of the Common Areas and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; (b) Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended prior to notice and hearing, for a period not to exceed sixty(60) days for infraction of published rules and regulations; (c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration; (d) Declare the office of a member of the Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board; (e) Employ a manager as they deem necessary, and to prescribe his or her duties and delegate to such manager any and all powers and duties of the Association except as such are specifically required by the Declaration to have approval of the Board or the membership of the Association; (0 Designate and remove independent contractors and such other employees necessary for the operation, maintenance and replacement of the Common Area; and (g) Exercise all powers granted associations by the Act. 5 Preliminary Draft Section 2. Duties. It shall be the duty of the Board to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by fifty percent plus one of the Class A members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) As more fully provided in the Declaration, to: (1) Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period; (2) Send written notice of each assessment to every owner subject thereto at least thirty(30) days in advance of each annual assessment period; and (3) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of such certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Area facilities to be maintained, repaired, and replaced; (h) Cause the protective covenants of the Declaration to be enforced; (i) Perform all other duties imposed upon it by the Act. ARTICLE X Officers and Their Duties 6 Preliminary Draft Section 1. Enumeration of Offices. The offices of this Association shall be a president and vice-president, who shall at all times be members of the Board, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1)year unless he or she shall sooner resign, or shall be removed or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office, with or without cause, by the Board. Any officer may resign at any time by giving written notice to the Board,the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any late time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments and may co-sign all checks and promissory notes. Vice-President (b) The vice-president shall act in the place and stead of the president, in the event of his or her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him or her by the Board. 7 Preliminary Draft Secretary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all documents requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) (e) (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; may sign all checks and promissory notes of the Association; keep proper books of account, may cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE XI Committees The Board may appoint such committees as deemed appropriate in carrying out its purposes. ARTICLE XII Books and Records The books, records and documents of the Association shall at all times, during reasonable business hours, be subject to inspection by any member, or any mortgagee. Any lot owner shall be furnished with a statement of his account upon payment of a reasonable fee of twenty-five dollars ($25) or as determined by the Board from time to time, and upon ten (10) days notice to the Board or managing agent. Such statement shall set forth the amount of any unpaid assessments or other charges due and owing from such owner. The Declaration, Articles of Incorporation, an Bylaws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at a reasonable cost. ARTICLE XIII Assessments As more fully provided in the Declaration, each member is obligated to pay to the Association annual and specific assessments which are secured by a continuing lien upon 8 Preliminary Draft the property against which the assessment is made. The Association shall have all rights and authorities granted it by the Declaration and the Act, to levy and collect such assessments. ARTICLE XIV Corporate Seal The Association shall have a seal in circular form having within its circumference the words, Bridle Hill Estates P.U.D. Association, a Colorado Nonprofit Corporation," or may use a facsimile of such seal. ARTICLE XV Amendments Section 1. These Bylaws may be amended, at any regular or special meeting of the members at which a quorum is present, by a vote of fifty plus one percent (51%+) of the members or by proxy. Members must be given notice of such proposed amendment, as required by the Act. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XVI Miscellaneous The fiscal year of the Association shall begin on the first day of January and end on the thirty-first day of December of every year, except that the first fiscal year shall begin on the date of incorporation. CER I IFICATION I,the undersigned, do hereby certify that: I am the duly elected and acting secretary of the Bridle Hill Estates P.U.D. Association, a Colorado Nonprofit Corporation, and, The foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Board thereof, held on the 9 Preliminary Draft DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR BRIDLE DILL ESTATES P.U.D. ARTICLE I—PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit A hereof("the Property"). The Property has been platted as Bridle Hill Estates P.U.D. by a Plat ("the Plat") recorded simultaneously with this Declaration. Declarant desire 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. The Property shall be a"planned community" under the Colorado Common Interest Ownership Act ("the Act"). The maximum number of lots within the Property shall be seventy-two (72). The number and type of animals allowed on each lot within the Property shall be limited in accordance with the schedule set forth on Exhibit B hereof, as more fully set forth in Section 3.11 of this Declaration. Developer shall install a non-potable water system such that all lots within the Property will have irrigation water available to them. Developer shall provide water through a yet-to-be established entity to the Association. Adequate water will be provided to properly grow grasses necessary for landscaping and/or ? of permitted ?. The water provided shall not be used for commercial growth of crops. The Association shall cooperate with one another and shall reasonable coordinate their calls for irrigation water. The costs incurred by the Association relative to irrigation water shall be borne by the owners of all lots, the ration of their respective site square footages. Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, 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 2.1 General. The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. 10 Preliminary Draft 2.2 Association shall mean and refer to Bridle Hill Estates P.U.D., a Colorado Nonprofit Corporation, established pursuant to Article VI of this Declaration. 2.3 Architectural Review Board shall mean and refer to the Architectural Review Board created pursuant to Article V of this Declaration. 2.4 Common Facilities shall refer to the trails, the non-potable irrigation system, the entrance areas (including a lighted sign and landscaping), the landscaping and fencing along the riding trails and designated common areas, designated outdoor lighting, the pools, and bridges across the Larimer County Canal, for which legal descriptions are set forth on the Plat. Developer shall install a permanent sign for the Property, outdoor lighting, and landscaping within the entrance area. Developer shall initially grade and install the system of trails. Developer shall install landscaping and fences within the designated areas. Developer shall install a system of pumps and piping and all lots within the Property will have irrigation water available to them. The Association shall maintain, repair, and replace the Common Facilities, after each such facility has been installed by the Developer. 2.5 Developer shall mean Saddler Development LLC, a Colorado Corporation, its successors and assigns. 2.6 Detached Single Family Dwelling shall mean an independent structure designed and occupied as a residence for a single family. 2.7 Lot shall mean a lot as platted and designed on the Plat, as the same may be amended from time to time; provided that, if any lot has been divided so that a portion of the lot is owned by a person in conjunction with all or a portion of an adjoining lot and the other portion of the lot is owned by another person separately or in conjunction with all or a part of the other adjoining lot, then the entire property so held under one ownership shall be the lot for the purpose of this Declaration. 2.8 Single Family shall mean a group of persons related by blood or marriage living together as a family unit. 2.9 Subdivision shall mean Bridle Hill Estates P.U.D., a Planned Unit Development in Weld County, Colorado. 2.10 Other Terms. Other terms may be defined in specific provisions contained in this Declaration and shall have the meaning assigned by each such definition. 11 Preliminary Draft ARTICLE III—USE AND 0 I'IILE R RESTRICTIONS 3.1 Land Use and Building Types. No lot shall be used except as the site of a detached single family dwelling. Said dwelling may include a private garage having doors accommodating not more than four cars or other vehicles, abreast of one another. All improvements on each lot shall meet the requirement of Article IV, "Architectural Standards" of this Declaration, including, but not limited to, the Guidelines and Rules set forth in Section 4.2 hereof. 3.2 Building Locations. 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 Board, approving the proposed location. 3.3 Easements. Easements for the installation and maintenance of utilities, trails, 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 trails system on which adversely affects landscaping installed by the Developer. 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 expense of the owner of the lot. If the work is done by the Association at the owner's expense, the owner shall pay for such work within seven (7) 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 attorneys' fees and costs in collecting such amount from the owner, all such attorneys' 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. 3.4 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 Associations 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 not be deemed included within those contemplated by Section 6.8 of this Declaration, but shall instead be deemed a service charge from the Association made solely to the owners of each of such vacant lots. The 12 Preliminary Draft owner shall be liable for reasonable attorneys' fees and costs incurred by the Association in collecting such service charge. 3.5 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 such trees must have trunks that are at least three inches (3") in diameter, when planted, and at least five (5) of such trees shall be evergreens. Commencing as to each lot when a certificate of occupancy has been issued for a residence on such lot, 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 Subdivision, and to assess such owner for such required maintenance. If any owner fails to maintain landscaping on such owner's 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 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 said time and the Association thereafter incurs reasonable attorneys' fees and costs in collecting such amount from the owner, all such attorneys' fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3.6 Maintenance of Exteriors of Residences and Other Buildings. The exteriors of all residences, barns, sheds, and other buildings within the Subdivision shall be maintained in good, attractive condition by the owners thereof. All residences shall be repainted or restained 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 seven (7) 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 attorneys' fees and costs in collecting such amount from the owner, all such attorneys' fees and costs incurred shall likewise be a debt owing by the owner to the Association. 3.7 Title to Common Facilities. The Developer may retain legal title to all or part of the Common Facilities until such time as, in the opinion of the Developer, the Association is able to maintain the same. However, the Developer shall convey the Common Facilities to the Association not later than thirty (30) days after the date when the Developer is fee simple owner of less than 25% of the land area within the 13 Preliminary Draft Subdivision, exclusive of the Common Facilities and dedicated streets and easements. In this regard, the Developer shall deed the private street and the horse arena parcel to the Association. The other Common Facilities shall be located within the easement areas shown on the Plat, and the Association shall be deemed the grantee/beneficiary of such easement rights. 3.8 Extent of Members' Easements. The rights and easements of enjoyment of the Common Facilities shall be subject to the following: A. The right 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 dedicate or transfer all or any part of the Common Facilities to any public agency, authority, or utility for such purposes, and subject to such conditions, as it may agree to. 3.9 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. 3.10 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 Developer during the process of construction, or as approved by the Architectural Review Board. 3.11 Animals. Except as set forth below in this Section 3.11, 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 shall 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. Pets may be walked on the Common Facilities only when attached by a leash to an owner's hand and when the owner carries a device for the immediate removal of its pet's feces. 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 Subdivision. Each owner shall be responsible for any damage caused by his or her animals. Aside from dogs, cats, and indoor, household pets, the number of animals allowed on each lot shall be subject to the schedule set forth on Exhibit B hereof Owners shall not allow overgrazing of any pasture area on any lot. A pasture area shall not be deemed overgrazed if the vegetation on it averages two inches (2") in height. If a pasture is overgrazed, the Association may require the owner of such pasture to 14 Preliminary Draft replant it and thereafter control the access to the pasture by such owner's livestock to prevent overgrazing. If an owner fails or neglects to cure an overgrazing problem, the Association shall have the authority to terminate such owner's right to keep livestock on the lot. Each owner who keeps livestock on a lot shall provide a dual-fence pasture system allowing the owner to rotate animals to avoid overgrazing. 3.12 Trails. Individuals may walk, jog, or run on the trails and may be accompanied by no more than two dogs per individual, so long as each dog is restrained by a leash attached to the owner's hand and the owner carries a device for the immediate removal of the pet's feces. Dogs causing unnecessary disruption to horses on the trails or livestock pastured on owners' properties may be deemed nuisances as stipulated in Section 3.11. No other vehicle of any kind, whether or not powered by an engine of any nature, shall be allowed on any trail at any time; this prohibition shall include, but shall not be limited to, motorcycles, automobiles, and so on. Such prohibition shall not apply to motorized vehicles used in the maintenance of the trails, ditches, and other Common Facilities. No lot owner shall obstruct any such trail. 3.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs site lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained as a sufficient height to prevent obstruction of such sight line. 3.14 Recreational Vehicles. No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on streets, driveways, lots, or be allowed to remain anywhere within the Subdivision, except when sheltered within a garage, except for a forty-eight (48)hour period during loading and unloading. 3.15 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. 3.16 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 Board. 3.17 Fencing. No fence shall be erected on any lot within the Subdivision except as approved in advance by the Architectural Review Board. For perimeter fences that border on a street, the fence shall be "Fantaboard" three (3)rails, white vinyl. 15 Preliminary Draft No barbed wire fence shall be allowed anywhere within the Subdivision. No privacy fence shall be allowed except as approved in advance by the Architectural Review Board. Perimeter fences shall be of a type approved in advance by the Architectural Review Board and shall be painted a color approved in advance by the Architectural Review Board. Privacy and other fences shall not exceed six (6) feet in height and shall be of a solid fence design (different from that of perimeter fences) approved in advance by the Architectural Review Board. 3.18 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 Board. 3.19 Unsightly Uses. All lots shall at all times be maintained in a clean 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 stored out of site and shall be placed on the curb and returned from the curb only on pick-up days. Nothing unsightly shall be hung from windows, railings, or fences. No clothesline or other device for hanging clothes in the open air shall be allowed on any lot. 3.20 Trash Removal. All residents within the Subdivision 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 3.20 shall prohibit a resident within the Subdivision from hauling trash or debris for himself or herself. Each resident within the Subdivision shall be separately liable for the trash- hauling charges attributable to his or her lot. 3.21. Home Occupations. The conduct of a home occupation within a residence in Bridle Hills Estates P.U.D. shall be considered accessory to the residential use and not a violation of these Covenants provided that the following requirements are met: 3.21.1 Such home occupation shall be conducted only within the interior of the dwelling. 3.21.2 No retail sales shall be conducted on the lot. 3.21.3 The conduct of such home occupation must be of a type permitted under the zoning ordinances or regulations of Weld County, Town of Severance. 16 Preliminary Draft 3.21.4 No evidence of a home occupation shall be visible from outside the dwelling unit. 3.21.5 The use by Developer of Developer's home within the Subdivision as a show home, whether in connection with Developer's development activities within the Subdivision, or elsewhere, shall not be deemed a home occupation hereunder and shall be allowed. 3.22 Disabled Vehicles. Disabled automobiles shall not be stored on streets, driveways, or lots within the Subdivision. No person shall repair or rebuild any vehicle within the Subdivision, except within a garage. Cars allowed on the streets and driveways in the Subdivision must at all times be operable, currently licensed, and maintain a current inspection sticker (if such inspection is required by a governmental entity). 3.23 Restrictions on Leasing of Residences. An owner may lease his residence subject only to the following restrictions: A. Any leases must comply with local zoning and community regulations. B. Any lease agreement shall be required to provide that the terms of this lease small be subject in all respects to the provisions of this Declaration, and the Bylaws of the Association, and that 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. 3.24 Trees and Ground Cover. No living tree, shrub, or bush may be removed except pursuant to a landscaping plan approved by the Architectural Review Board or otherwise with the approval of said Architectural Review Board. Said prohibition extends to naturally existing trees, shrubs and bushes and to trees, shrubs and bushes planted by owners. 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 Board, 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 change of more than one foot from existing grades shall require the approval of the Architectural Review Board. The natural groundcover of a lot shall not be disturbed unless approved by the Architectural Review Board. 3.25 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 Board. 3.26 Solar Devices. The utilization of passive or active solar energy devices is encouraged. However, all solar devices must either be architecturally and aesthetically 17 Preliminary Draft 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 Board. 3.27 Commencing and Finishing Construction. Construction of a residence must commence on each lot within two (2) years after the closing of the purchase of such lot from Developer. Once construction of any structure is commenced on any lot, with the prior approval of the Architectural Review Board, such structure must be diligently continued and completed in accordance with the plans and specifications approved by the Architectural Review Board, within six (6) months of commencement, or such longer time as the Architectural Review Board 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 earth work). 3.28 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 (6) months of the time the damage occurs. 3.29 No Trucks or the Like. No trucks, trail bikes, recreational vehicles, snowmobiles, campers, trailers, 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 or parking facility approved by the Architectural Review Board. No skimobile, snowmobile or other recreational vehicle powered by an internal combustion engine may be operated within the Property except for purposes of ingress and egress. 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. 3.30 Outside Lighting. No exterior lighting shall be installed or maintained on any lot except as approved by the Architectural Review Board. 3.31 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 Board. Boundary adjustments between neighboring lots shall be allowed, subject to the reasonable approval of the Architectural Review Board so long as the total number of lots within the Subdivision is not thereby increased. 3.32 Sales Offices, Management Offices, and Models. Developer reserves the right to maintain sales offices, management offices, and models in the Subdivision. Developer shall promptly remove every such sales or management office from the Subdivision, at such time as Developer ceases to own any lots in the Subdivision. Developer and residential builders to whom Developer has sold lots may construct and maintain model residences within the Subdivision. Such sales offices, management offices, and model 18 Preliminary Draft residences may be located on any lot or lots within the Subdivision, and their location may be changed from time to time to other lots within the Subdivision. Developer may maintain advertising signs on the Common Facilities within the Subdivision, subject to state laws and local ordinances. 3.33 Entranceways. The owner of each lot shall install a concrete or asphalt driveway at the entrance to such owner's lot. Such entranceways, where deemed necessary for adequate drainage by the Architectural Review Board, shall include a culvert at least eighteen inches(18") in diameter. ARTICLE IV—ARCHITECTURAL STANDARDS 4.1 Restrictions. No building, barn, corral, shed, storage structure, awning, fence or any other structure shall be erected, placed or altered on any lot, nor shall there be any external modifications to any such structure, until the plans and landscaping specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to and approved in advance by the Architectural Review Board in writing. No landscaping shall 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 Board, in writing. Without limiting the generality of the foregoing, prior approval of the Architectural Review Board 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 Board shall extend to the quality workmanship and materials for any structure proposed; conformity and harmony of exterior design and finish with existing structures within the Subdivision; location of all structures with respect to the existing building, topography and finished ground elevation; and all other matters required to assure that such structures enhance the quality of the Subdivision and are erected in accordance with the plan for the Subdivision. No metal buildings shall be permitted unless the Architectural Review Board approves. 4.2 Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and Rules governing the type of structures to be permitted in the Subdivision, permitted construction materials and the like. These Guidelines and Rules are made for the purpose of creating and keeping the Subdivision, so far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials, and appearance; limiting the use of lots to single family residential buildings; guarding against unnecessary interference with the natural beauty of the Subdivision; and prohibiting improper uses of adjoining properties in the Subdivision, all for the mutual benefits and protection of all owners. 4.3 Size. The dwelling space of the home, exclusive of the garage, shall contain a minimum of 2,200 square feet of finished living space. No building shall 19 Preliminary Draft exceed forty (40) feet in height, and no building shall exceed two (2) stories and loft as viewed from the street side. One lower level is allowed and may be exposed to daylight provided it does not face the street. Earth sheltered homes shall not be permitted. 4.4 Garages and Parking. Each residence shall include an attached garage having space for not less than two (2) automobiles. An additional garage may be constructed if approved by the Architectural Review Board. Each lot must have provision for off-street parking for at least two (2) automobiles, exclusive of garage space, and said off-street parking shall be provided in such a manner as to not block or impair garage access to and from the street. 4.5 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. All dwellings shall include composition shingle, tile, copper or other decorative roof, which shall be subject to the approval of the Architectural Review Board. 4.6 Accessory Buildings. Barns, 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, and location of said structure shall be subject to prior approval by the Architectural Control Committee. 4.7 Setbacks. Each single family detached dwelling shall be located no closer than sixty (60) feet to the front of the lot, sixty (60) feet to the back of the lot, and thirty (30) feet to the boundary of the nearest adjacent lot. ARTICLE V—ARCHITECTURAL REVIEW BOARD 5.1 Establishment and Membership of Architectural Review Board. An Architectural Review Board is to be established by Developer. The Architectural Review Board shall continue until such time as the Association may be dissolved. The Architectural Review Board shall initially consist of three (3) members. Until all lots within the Subdivision have been sold by the Developer, or December 31, 2005, whichever date occurs first, the Developer shall appoint the Architectural Review Board, 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 Board. The Association shall name the members of the Architectural Review Board, once the Developer's exclusive right to do so ceases. Members of the Architectural Review Board appointed by Developer may be removed at any time by Developer and shall serve until they resign or are removed by Developer. Members of the Architectural Review Board 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. 20 Preliminary Draft 5.2 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. 5.3 Address of Architectural Review Board. The address of the Architectural Review Board shall be at the principal office of the Association. 5.4 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 Board at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, landscaping plans, construction plans, specifications and samples of materials and colors as the Architectural Review Board 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 Board or its authorized agent. The Architectural Review Board 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 Board of all required materials in connection with the proposed improvement to property, the Architectural Review Board may postpone review of any materials submitted for approval. 5.5 Criteria for Approval. The Architectural Review Board 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 Board may condition its approval of any proposed improvement to property upon the making of such changes therein as the Architectural Review Board may deem appropriate. 5.6 Architectural Review Board Guidelines or Rules. The Architectural Review Board shall issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will be taken into consideration in connection with the approval of any proposed improvement to property. 5.7 Architectural Review Fees. The Architectural Review Board may, in its guidelines or rules, provide for payment of fees to accompany each request for approval of any proposed improvement to property. The Architectural Review Board 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. 21 Preliminary Draft 5.8 Decision of Architectural Review Board. The decision of the Architectural Review Board shall be made within thirty (30) days after receipt by the Architectural Review Board of all materials required by the Architectural Review Board. The decision shall be in writing and, if the decision is not to approve a proposed improvement to property, the reason therefore shall be stated. The decision of the Architectural Review Board shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Architectural Review Board. 5.9 Failure of Architectural Review Board 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 Board within thirty (30) days after the date of receipt by the Architectural Review Board of all required materials. 5.10 Notice of Completion. Promptly upon completion of the improvement to property, the applicant shall give written notice of completion to the Architectural Review Board and, for all purposes hereunder, the date of receipt of such notice of completion by the Architectural Review Board shall be deemed to be the date of completion of such improvement to property. 5.11 Inspection of Work. The Architectural Review Board 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 thirty (30) days after the Architectural Review Board shall have received a notice of completion from the applicant. 5.12 Notice of Noncompliance. If, as a result of inspections or otherwise, the Architectural Review Board finds that any improvement to property has been done without obtaining the approval of the Architectural Review Board or was not done in substantial compliance with the description and materials furnished by the Applicant to the Architectural Review Board or was not completed within one year after the date of approval by the Architectural Review Board, the Architectural Review Board 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 Board 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. 5.13 Failure of Architectural Review Board to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Architectural Review Board fails to notify the Applicant of any noncompliance within thirty (30) days after receipt by the Architectural Review Board 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. 22 Preliminary Draft 5.14 Correction of Noncompliance. If the Architectural Review Board 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 Board. If the Applicant does not comply with the Architectural Review Board'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. 5.15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural Review Board or by the Association shall constitute a waiver or estoppel with respect to future action by the Architectural Review Board or the Association with respect to any improvement to property. Specifically, the approval by the Architectural Review Board of any improvement to property shall not constitute approval of, or obligate the Architectural Review Board to approve, any similar proposals, plans, specifications or other materials submitted with respect to any other proposed improvement. 5.16 Architectural Review Board Power to Grant Variances. The Architectural Review Board 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 Board. 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 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. 5.17 Compensation of Members. Members of the Architectural Review Board shall receive no compensation for services rendered, except for its professional members, who shall be reasonably compensated for their services. All members shall 23 Preliminary Draft receive reimbursement of out of pocket expenses incurred by them in the performance of their duties hereunder. 5.18 Meetings of Architectural Review Board. The Architectural Review Board shall meet from time to time as necessary to perform its duties hereunder. The Architectural Review Board may, from time to time, by resolution in writing adopted by a majority of the members, designate an Architectural Review Board 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 Board, except the granting of approval to any improvement to property and granting of variances. The action of such Architectural Review Board Representative within the authority of such Architectural Review Board Representative or the written consent or the vote of a majority of the members of the Architectural Review Board shall constitute action of the Architectural Review Board. 5.19 Records of Actions. The Architectural Review Board shall report in writing to the Association's Board of Directors all final actions of the Architectural Review Board, and the Architectural Review Board shall keep a permanent record of such reported actions. 5.20 Estoppel Certificates. The Association shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Architectural Review Board, 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 matter set forth therein. 5.21 Nonliability for Architectural Review Board Action. None of the Architectural Review Board, any member of the Architectural Review Board, any Architectural Review Board Representative, the Association, any member of the Association's Board of Directors or Developer shall be liable for any loss, damage or injury arising out of or in any connected with the performance of the duties of the Architectural Review Board unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Architectural Review Board 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 VI—THE ASSOCIATION 6.1 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 Bridle Hill Estates P.U.D. Community Association and by this Declaration. In the event of a 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. 24 Preliminary Draft 6.2 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. 6.3 Examination of Books by First Mortgage. The holder of any recorded first mortgage of deed of trust on a lot in the Subdivision will, upon request, be entitled to: (a) inspect the books and records of the Association during normal business hours; and (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. 6.4 Powers. The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Common Facilities and to perform all of the duties required of it. Notwithstanding the above, unless at least seventy-five percent (75%) of the first mortgages of lots (based upon one vote for each first mortgage or held) have given their prior, written approval, 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 Common Facilities. (c) use hazard insurance proceeds for loss to the Common Facilities improvements for other than repair, replacement or reconstruction of such improvements. 6.5 Common Facilities Maintenance and Operation. The maintenance and operation of the Common Facilities shall be the responsibility and the expense of the Association, and the costs therefore shall be a common expense of all the lot owners, as described in Exhibit C to be determined by final approved and recorded plat. 6.6 Common Facilities Additions, Alterations, or Improvements — Limitations. There shall be no additions, alterations, or improvements of or to the Common Facilities by the Association requiring an assessment in excess of one hundred dollars ($100) 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. Such expenditure(s) shall be a common expense. PROVIDED, HOWEVER, that expenditures relative to the irrigation system shall not be included in determining such limitation on assessments. 25 Preliminary Draft 6.7 Formula for Determining Assessments. Declarant shall pay all common expenses through December 31, 2005. Commencing for calendar year 2006 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. Except for expenses relating to the irrigation system, which shall be allocated as set forth in Section 6.5, above, the assessments shall be apportioned equally among all lots within the Subdivision. The owners of each lot on which a Certificate of Occupancy has been issued for a residence by October 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. 6.8 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, 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; common lighting and heating; repairs and renovations; wages; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association of 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, which shall be funded by regular monthly payments rather than special assessments. 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. 6.9 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 no limited to, those matters set forth in Sections 3.4, 3.5, and 3.6 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 common expenses 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. 6.10 No Other Common Facility Liens. No additional liens, other than mechanics liens, assessment liens or tax liens, may be obtained against the Common 26 Preliminary Draft Facilities, and no other assessments, debts or other obligations are assumed by lot owners, other than as set forth herein. 6.11 Assessments. The amount of the common 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 owner's loss of a lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and changes accrued prior to the date hereof. The Association shall have the authority to take prompt action to collect 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 6.13, below, and such suit shall not be or construed to be a waiver of lien. 6.12 Notice of Lien. All sums assessed by 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, 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 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. 6.13 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, 27 Preliminary Draft vote the votes appurtenant to, convey or otherwise deal with the same upon acquiring title to such lot. 6.14 Report of Default. The Association, upon request, shall report in writing to a first mortgage 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. 6.15 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. 6.16 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. 6.17 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, 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. 6.18 Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee not to exceed twenty-five dollars ($25), 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 become 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 6.18 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. 28 Preliminary Draft 6.19 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; and (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged 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 or 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. 6.20 Professional Management. Professional management is anticipated for the project, and any agreement which may be entered into with regard to professional management or any other contract for providing of services by Declarant or Developer shall be for a term of not more than one (1) year and shall be terminable on thirty (30) days' written notice, without cause and without payment of a termination fee. 6.21 Maintenance Per Statute. If the Association fails at any time to maintain the common open space in reasonable order and condition, the Town of Severance may serve written notice upon the Association or upon the residents of the Subdivision setting forth the manner in which the Association has failed to maintain the common open space in reasonable condition. If the Association or the residents fail to cure the specified deficiencies of maintenance, the Town of Severance shall have the right to enter upon, and maintain, such common open space in accordance with the provisions of Colorado Revised Statute 24-67-105(6)(c), as such statute may be amended from time to time hereafter, or under any other then applicable statute. ARTICLE VII- GENERAL PROVISIONS 7.1 Duration. Subject to the provisions of Section 7.3 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivision for a period of twenty (20) 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 a majority of the then-owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or in part. 7.2 Amendments. 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 seventy-five percent (75%) of the lots in the Subdivision and one hundred percent (100%) of the holders of recorded first mortgages or deeds of trust. Any amendment 29 Preliminary Draft 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 or regulations of Weld County. No amendment shall affect any rights of Declarant unless approved in advance by and consented to by Declarant in writing. 7.3 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. 7.4 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 Board or Declarant to enforce any covenant or provision hereof. This Section 7.4 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. 7.5 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. 7.6 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. 7.7 Construction. The use of the masculine gender in this Declaration shall be deemed in 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. 7.8 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 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. 30 Preliminary Draft IN WINESS WHEREOF, the undersigned being Owners (or Mortgagees) of lots in Bridle Hills Estates P.U.D. have executed this Declaration the date and year indicated below. 31 Preliminary Draft EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDLE HILL ESTATES P.U.D. This Exhibit relates to Section 3.11 of the Declaration. The indicated animal types shall have the equivalent "Animal Units" set forth below. Each lot may have no more than the allowed number of"Animal Units," as also set forth below. Lots 1 through 41 zero (0)units Lots 42 through 60 four (4) units Lots 61 through 72 six (6)units 32 Preliminary Draft EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDLE HILL ESTATES P.U.D. MI lots except 7 and 8 shall share in the Association's costs for irrigation water and the irrigation ditch system, in the following percentage ratio: Lot 1 = 7.9 Lot 2 = 93 Lot 3 = 6.5 Lot 4= 6.1 Lot 5 = 5.4 Lot 6= 5.8 Lot 9= 12.1 Lot 10= 9.1 Lot 11 = 10.1 Lot 12= 8.9 Lot 13 = 9.1 Lot 14= 9.7 33 OalDPaN'a aaR0Mfa'aoa #.0-#0 8000 A PORTION OFSECTIO6 I.l0.IT.Id.I440 Id Au LOCATW 70046MPI NORM,RANGE 0TVG1 OF DEE ATH Au,WELD COMM COLORADO Slea las PdO,ENrv1t_LnernN.0N II, 3 wnffRrvaecrmlS. u It naNw �'I` k a '+' ..nld�aA:M .e°u. �ww'4.2.,.n.'.`"..d�w, _ +w'5 d �� 4 g 1.gm is. -,-.:,-1 ,--40. .. 1 t,2. .,---*-4,` & k'a� wx W S5+' G P pfm .Ww uM ad.aweer mue we.w rare tibau•i ab. b ' ��Ese'.....".". '',Z),.... 'so lw n[ d ».need Seen°,} ves? B....:ne...� +. ^. 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P INC. xis ` `w, ' m "" .n " enC\w.a �.ann.6 .au mm.. o.v a�� m./I. �m..m — - — 5r�x C µ ) -_) REZONING RA I- 70LIDDLCWG3 L^QG3C GIL31 POVODD O anlRrE INiME SOUTH Ma Of5ECTOWA,T0W?GNP?AORTIC RANCE e7 WEST OF MEer07".MELD COWRY.COLORADO PLAT PflORRIYOESLNPROV 67.7 O no i..N..Coos,a rat Si.✓*7 II 0.a tww.ccton 071 7 .0o-.Plea SHEET I Tz .q• w.. ..7 m 5.n.e>.N.wm v 7.7...7....7 e.d a ......w n \ •\' F:: ~ U� p wawa 7449. ro oo 'wn we "• ome ofPOs. fi097 3 S00547. or*a w • r,w. 7a mn. 9 wW ter.°.`C.WW°".. °' 'i WELQ COUNT' RQPQ 64 7.1 POI ac ..W m N. 370 nM r .N 373 731.1: 4:147-:o 7.7 97 S.,w.a 077 7w'n.N1 P.'soon e.. .wA.°."4,..m✓ H,... -••.r.an.een l.W n.7.144..0 /5 l AG-Qwa OWNERS APPROVAL AND IlFMrARON A°o ZaING / // ///e n��(d}INC- w.m w .:.:d a"" {FaReyDIG) v j%X �f/?//!),///, C © ' EFArioNe) _ L _M.,.e.,pun .w am, , .ra w».�e,^ i 51if SITE/2,/ ) : /x /////7 Y// // c 9, STA1t FHGH%M >A Sc'F' AG ZN11NC m.x n cumrol _ {FARYSNG) • Rs01 .._�.✓ .m.m.17..o..r...... - moa+m...A,wY Wrc*rnrr VICINITY MAP wlnrw.m r- 1000' GENERAL AO1ES .vps •N.rra®..wl... 77.69 6 n 4fl 1'17711710 bt 9 vv{ MAYOR LFAPflCA/E xn rn. n"we.°F _47 2 oar Pc-777-:::9,510 Town&pineal Renew PLAM'IAO COMA6S'ON APPROVAL. 94+..77'na wr„, ao_. SURVEYORS CERTIFICATE TOWN FLAMERS RENEW n..rew s.w«r.a.me..n�mn.ni evu5 .-...N.N_mrw A_ osets wmm...aim.iv.�w....m s.rra in'�lu."'mr.n...mmwrwiu �•� AIf TERMILL LAND SURVEYING INCanon. 07r" W.. /n." ♦ 17"44"" , rm ^(j �y ` eIOLVPAREW LLC SA OMEN ARENA I LID R, ElgM PLAT `^/ 7nue w. .Hue e¢[rn av n rry , n•n x nn un ..r CT" t I I I z 113 j I j E; I Im 'P Ili s _x _ I 19"; I I 1 1is [ it�'i!i 1‘24!,4 S I SR11 j }:�( j i }I 3z-ti `l I ;q1- i#5 .(j E L q S 194 I/j `I $Z L 1 WELD COUNTY ROAD17 --j_ L 1/ 'j 1 __ . a si s - !u{ l i 1 1'1/ tj A !i. a- o- • s f m a eZ 11 Pad° :J ✓.° S` , 1117 ii 3 11 !4 .. 'at +.4: , II i° ,,... A. I ..;47 ii IPA „:„? . ,,, il[i w8 91i .c-,,,- �� !Ili, I L- $s r'1i 1 i � � '� � c xi ti A,€ i; i 0 , ; I*1 Pii Ig hil [ 1 5� g Id'J =1E ! a o III RTJ A "IS 9l igA _ 'e cm Ag bKe 8 4a g A UM ni^ 2 :. 8� a di_,' .: „,„,„'-''''''' 'Ili::: 7 ''-''''''''''' : ;.:41 ':;:l: 3 x . al .i ill f _ _ _ J it „,..: i/ f r •�a- "O i-ia f" i--I +�i. F2 pl.,, a 4�titY .: 0) 1 __L_ !-1-_I. __ - TxWvrMT WELD COUNTY ROAD* —- . _. _ 4 _—___ I itui Sr Y In 5 ��111 ii 1ail ex x GI I iJ s 'sy ; I='i §'I { _ H 9 �7 Ilx ri I '° 4 e Fiscal Impact Analysis The Fiscal Impact Analysis will be inserted here. The Municipal Bond Company is completing this item on May 13, 2003. Appropriate copies will be provided to the Town of Severance immediately. anj IBU ! 6 !J0 009 aseald dew p0Z ! SJOAO suiewoo and Hello