HomeMy WebLinkAbout20032841.tiff PUD FINAL PLAT
ADMINISTRATIVE REVIEW
COLORADO
CASE
NUMBER: PF-1007
PLANNER: S. Lockman
APPLICANT: Lance and Julee Meiners
ADDRESS: 713 Sitka Street, Fort Collins, CO 80524
REQUEST: The Shire PUD
Planned Unit Development Final Plan for five (5)residential lots with Estate Zone Uses
and 1 Non-residential lot with Agricultural Zone Uses
LEGAL
DESCRIPTION: Lot C of RE-3092; Being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 100 and east of and adjacent to County Road 17
section line
ACRES: 135+/- PARCEL#: 0453 33 000016
THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE
FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the
Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the
Weld County Code.
1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture." Also, Section 22-2-60.D.2,
A.Policy 4 states "Provide a mechanism for the division of land which is agriculturally
zoned. The intent of this goal should be to maintain and enhance the highest level of
agricultural productivity in Weld County."
The proposal includes a 101.57 acre non-residential agricultural lot which cannot be
developed for forty(40 )years.The vast majority of the Agricultural lot is designated"High
potential dry cropland - prime if they become irrigated."
2) The application proposes non-urban scale development as defined by Section 27-2-140
of the Weld County Code. Section 27-2-140 defines non-urban scale development as
"...developments comprising of nine (9) or fewer residential lots, located in a non-urban
area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs,
subdivisions, municipal boundaries or urban growth corridors."
3) Section 22-3-50.3.1, P.Goal 2 "Require adequate facilities and services to assure the
health. safety anc genet ai welfare of the oresent and`uture -esidents of'he Courty " The
acoiicanor was :reposer: as a uster aeve.coment wnich a be serviced by nordeal
lee
.: =s er: —Tait -
2003-2841
Chapter 27 of the Weld County Code in regard to water and sewer.The Division of Water
Resources has indicated that the applicant has resolved all their issues.
4) The proposed site is not influenced by any intergovernmental agreements or the Mixed Use
Development area.
B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform
with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of
the Weld County Code. The applicant has met the twenty performance standards as delineated
in Section 27-2-10 regarding access, buffering and screening, bulk requirements, circulation,
etcetera. The applicants have submitted an Improvements. Agreement According Policy
Regarding Collateral for Improvements (Public Road Maintenance). The Improvements
Agreement will be required to be approved and accepted by the Board of County Commissioners
prior to recording the final plat.
C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing
or future development of the surrounding area as permitted by the existing zoning, and with the
future development as projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities.The proposed site is not influenced by an Inter-Governmental Agreement
nor is the site within the three mile referral area of a municipality.
D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site
to serve the uses permitted within the proposed PUD in compliance with the performance
standards in Article II, Chapter 27 of the Weld County Code. The application was proposed as
a cluster development which is to be serviced by individual wells. The Weld County Department
of Public Health and Environment has indicated that the proposal does meet current Health
Department policy and the application has satisfied Chapter 27 of the Weld County Code in
regard to water and sewer. The Colorado Division of Water Resources has indicated that the
applicant has resolved all their issues.
E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The Weld County Public Works
Department reviewed this request and indicated no conflict with the proposed plan. No
improvements have been required of the associated County Roads.
F. Section 27-7-40.C.6—In the event the street or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capacity to upgrade the
street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24
and 26, if applicable. The applicants have submitted an Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road Maintenance). The Improvements
Agreement will be required to be approved and accepted by the Board of County Commissioners
prior to recording the final plat.
G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts,commercial mineral
deposits, and soil conditions on the subject site. Conditions of Approval and Development
Standards ensure that soil conditions shall be considered when placing structures or Individual
Sewage Disposal Systems. The site is not located within an overlay district. Further, no viable
commercial mineral deposits are located within the site.
H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the
development guide, and the final plan exactly conforms to the development guide. The proposed
PUD Final Plan uses are compatible with the criteria listed in the developmental guide.
DC_'007. -re' .Scire _
The Department of Planning Services'approval is conditional upon the following:
1. Prior to Recording the PUD Final Plat:
A. The applicant shall enter into an Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance). This agreement shall be approved by
the Board of County Commissioners. (Department of Public Works)
B. The applicant shall submit the appropriate fee($84)for recording the Restrictive Covenants and
Conservation Easement for The Shire PUD in the Office of the Clerk and Recorder.(Department
of Planning Services)
C. The applicant shall submit a digital file of all drawings associated with the Final Plan application.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).(Department of Planning
Services)
D. The Plat shall be amended to include the following:
1) All plats, including the utility map, shall be labeled: The Shire PUD, Final Plan, PF-1007
(Department of Planning Services)
2) A utility service statement block as indicated by Section 27-9-40.B of the Weld County
Code with all appropriate signatures. (Department of Planning Services)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior
to recording:
A. The Planned Unit Development shall consist of five(5)residential lots and one(1)non-residential
lot as indicated in the application materials on file in the Department of Planning Services. Lot 1
through 5 will adhere to the uses allowed in the E(Estate)Zone District. Lot 6 will adhere to the
uses allowed in the A (Agricultural) Zone District except that no residential structures shall be
allowed. The PUD will be subject to and governed by the Conditions of Approval stated hereon
and all applicable Weld County Regulations. (Department of Planning Services)
B. Animal units allowed on each individual lot may be further restricted by the individual well permit.
(Division of Water Resources)
C. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the
Association is mandatory for each parcel owner. The Association is responsible for liability
insurance, taxes and maintenance of open space, streets, private utilities and other facilities.
Open space restrictions are permanent. (Department of Planning Services)
D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
E. Lot 6 is prohibited from residential development for a period of forty(40)years from the date the
final plan is approved. (Department of Planning Services)
F. All signs within the PUD shall comply with the approved sign standards. All signs including
entrance signs shall require building permits. Signs shall adhere to Section 23-4-80 of the Weld
County Code.These requirements shall applyto all temporary and permanent signs.(Department
of Planning Services)
__- -n, -he Shire =':D
G. The Nunn Fire Protection District has indicated that, in the case of a fire, water shall be brought
to the site by tankers. (Department of Planning Services)
H. Water service shall be obtained from individual wells. (Department of Public Health and
Environment)
I. A Weld County septic permit is required for each proposed septic system,which shall be installed
in accordance to the Weld County Individual Sewage Disposal System regulations. Each septic
system shall be designed for site-specific conditions, including, but not limited to: maximum
seasonal high groundwater, poor soils, and shallow bedrock. (Department of Public Health and
Environment)
J. If required, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt fences
shall be maintained on the down gradient portion of the site during all parts of the construction
phase of the project. (Department of Public Health and Environment)
K. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of the
Weld County Health Department,a fugitive dust control plan must be submitted. (Department of
Public Health and Environment)
L. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and practical
methods that are technologically feasible and economically reasonable in order to minimize dust
emissions. (Department of Public Health and Environment)
M. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months
in duration,the responsible party shall prepare a fugitive dust control plan,submit an air pollution
emissions notice, and apply for a permit from the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
N. Building permits shall be obtained prior to any construction. A separate permit will be required
for each structure. Permits are required for structures such as bus shelters or entrance gates,
if provided. (Department of Building Inspection)
O. A plan review will be required for each building. Two complete sets of plans are required when
applying for the permit. (Department of Building Inspection)
P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
International Mechanical Code;1997 International Plumbing Code;2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
Q. Each building will require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
R. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Setback and
offset distances shall be determined by Chapter 23 of the Weld County Code. (.Department of
Building Inspection)
S. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.Offset
and setbacks are measured from the farthest projection from the building. (Department of
Building Inspection)
T. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department
of Planning Services)
U. The property owner shall be responsible for compiling with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
V. Weld County personnel shall be granted access onto the property at any reasonable time in order
to ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County Regulations. (Department of Planning Services)
W. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies. (Department of Planning Services)
X. No development activity shall commence on the property,nor shall any building permits be issued
on the property until the Final Plan has been approved and recorded. (Department of Planning
Services)
Y. Section 27-8-70 of the Weld County Code- Failure to Commence a Planned Unit Development
Final Plan - If no construction has begun or no USE established in the PUD within one(1)year
of the date of the approval of the PUD Final Plan, the Board of County Commissioners may
require the landowner to appear before the it and present evidence substantiating that the PUD
Final Plan has not been abandoned and that the applicant possesses the willingness and ability
to continue the PUD. The Board may extend the date for initiation of the PUD construction and
shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions supporting the original approval of the PUD Final Plan have
changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a
public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated.
Z. Section 27-8-80.A of the Weld County Code- Failure to Comply with the PUD Final Plan -The
Board of County Commissioners may serve written notice upon such organization or upon the
owners or residents of the PUD setting forth that the organization has failed to comply with the
PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be
cured within thirty(30)days thereof. A hearing shall be held by the Board within fifteen (15)days
of the issuance of such notice, setting forth the item, date and place of the hearing. The Board
may modify the terms of the original notice as to deficiencies and may give an extension of time
within which they shall be rectified.
AA. Section 27-8-80.B of the Weld County Code -Any PUD Zone District approved in a Final Plan
shall be considered as being in compliance with Chapter 24 of the Weld County Code and
Section 30-28-101, et seq., CRS.
..:L7 The Sh,re
3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper
copies the applicant shall submit a Mylar plat along with all other documentation required as conditions
of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by
Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements
of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
4. No development activity shall commence,nor shall any building permits be issued on the property until
the final plan has been approved and recorded. (Department of Planning Services
5. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan-
If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD
Final Plan, or within a date specified by the Board of County Commissioners, the Board may require
the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not
been abandoned and that the applicant possesses the willingness and ability to record the PUD Final
Plan plat. The Board may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may, after
a public hearing, revoke the PUD Final Plan;
ILA
By _ ) ‘1710(21/6-7 Date August 21, 2003
Sheri Lockman ❖ Planner II
'--1C07, The Shire
•
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
July 10, 2003, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555
N. 17th Avenue, Greeley, Colorado.
Members Present: Doug Dalton, Xcel Energy; Don Carroll, Weld County Public Works; Doug Melby,
Evans Fire Protection District.
Also Present: Peter Schei, Weld County Public Works; Sheri Lockman and Kim Ogle, Planners, Weld
County Department of Planning; Donita May, Secretary.
Doug Dalton, Xcel Energy,.called the meeting to order.
1. APPLICANT: Lance &Julee Meiners
CASE NUMBER: PF-1007
PLANNER: Sheri Lockman
REQUEST: Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses (The Shire)of the 6th P.M., Weld County,
Colorado.
LEGAL: Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6'
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Sheri Lockman, Department of Planning, introduced Case PF-1077. The applicants had provided proof of
well, septic, propane and telephone service, however they did not submit a letter from the Rural Electric
Association saying they could service the sight. The applicant will need to get something more definite
from the Rural Electric Association pertaining to future electric service for their development. The
applicants did have utilities shown on the plat.
Doug Dalton, Xcel Energy, said he had looked over the case and as far as he was concerned, it met all of
the requirements and had no comments or questions.
Don Carroll, Public Works, asked Ms. Lockman about the utility easement for lot six? She said it was of
no major concern unless he wanted it reserved for the future. Mr. Carroll then said he had no major
concerns with the project. Doug Melby, Evans Fire Protection District, expressed no concerns.
Don Carroll made a motion to accept as platted, Case PF-1077. Doug Melby seconded the motion.
Motion carried 3 to 0.
2. APPLICANT: Timothy& Lisa Brough
CASE NUMBER: MF-614
PLANNER: Kim Ogle
REQUEST: Final Plat for a nine lot(9) Minor Subdivision (Pheasant Crest Estates).
LEGAL: Lot B of RE-1911; being part of the SW4 Section 6, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 84 and east of and adjacent to CR 13.
Kim Ogle, Department of Planning, introduced Case MF-614. He said it was his understanding that water
was already in place. Mr. Ogle said there was an easement across the property for North Weld County
Water District and they(North Weld County Water) have put in sub-outs and fire hydrants on location. It
appeared that the applicant has shown the utility setbacks on all sides of the development as well as
located septic envelopes on site.
Don Carroll, Public Works, said he had been on the site many times in the past and attested to the fact
that the water was in place. Mr. Carroll has looked at their improvements agreement and was presently
working on it. Mr. Carroll said it appeared the applicants have also met all of the requirements for utility
easements.
Doug Dalton inquired about Lot 1 and Lot 2 and said he did not see a back lot line. Mr. Ogle directed the
board to sheet two of three, and said there was a twenty foot utility and drainage easement along the
canal, and there was also a twenty foot drainage and utility easement adjacent to CR 13. On page three
of three, there was a no build zone- that is, a corridor approved at Planning Commission, where no
structures of any kind were to be built on the surface, however sub-surface structures were okay. It was
intended to be a view corridor for the property owner to the northeast.
Peter Schei, Public Works, asked the board to look at Lot 7, along CR 13, where the west side of the lot
appeared to be non-conforming. The easement shown there was ten feet and it should have been twenty
feet. Mr. Ogle explained that the reason it had a ten foot easement was that the lot had existing
improvements on it, and the minute it was made a twenty foot easement, all of those buildings were then
located on top of the easement. That was why the easement was shrunk down to ten feet. It had existing
septic, power and water to the facility, and Mr. Ogle requested a variance for Lot 7.
Mr. Carroll asked Mr. Ogle if it was a non-conforming use that was already existing? Mr. Ogle said it was
not a non-conforming use, it had existing structures, and if the easement was increased, the buildings
would then be located over CR 13.
Mr. Ogle then expressed concern over the confusion at the entrance to Pheasant Crest Drive at CR 84.
Mr. Schei agreed with Mr. Ogle and suggested that the utility and drainage easements run through the site distance triangles and a correction to that effect can be made on the plat. The site distance triangles were
only meant to keep the vegetation less than three and a half feet in height at maturity for the cars that
accessed CR 84. Mr. Ogle said if what Mr. Schei suggests was done, then the subdivision sign would
need to be placed someplace outside of the site distance triangles, farther back onto someone else's
property. Mr. Carroll asked if the sign was to be twenty feet from the property line in an agricultural zone
so that it is outside of the utility easement? Mr. Ogle replied that, yes, it was required to be outside of the
utility easement.
Doug Melby, motioned to approve Case MF-614, to include the exception of the ten foot variance for lot
seven, and to include additional language Peter Schei entered into the record regarding the site distance
triangles. Don Carroll seconded the motion. Motion carried 3 to 0.
Meeting adjourned at 10:20 a.m.
Respectfully submitted,
afLAIAD
Donita May
Secretary
Weld County Referral
C. June 18, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lance &Julee Meiners Case Number PF-1007
Please Reply By July 18, 2003 Planner Sheri Lockman
Project Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses (The Shire).
Legal Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Parcel Number 0453 33 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature Date
Agency
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
THE SHIRE PLANNED UNIT DEVELOPMENT
FINAL PLAN
TABLE OF CONTENTS
Final Plan PUD Application
Recorded Change of Zone Plat
Certificate of Title
County Tax Certificate
Conservation Easement
Improvement Agreement and Letter
Letters from Affected Services (RE-9, Sheriff, Fire, Ambulance, USPO)
Certified List of Names within 500' of Property
Certified List of Names of Mineral Owners and Lessees
Compliance Statement
Letter of Intent for Cash in Lieu for RE-9
Final Plan Map
Stamped Engineered Road Design/Drainage ✓
Landscape Map
Vegetation/Weed Management Plan
Utility Maps (Nunn Telephone and REA)V
The Shire's Homeowners' Association Proposed Bylaws and Covenants
• PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number:
Date Application Checked By:
Planner Assigned to Case:
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final
Plan of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: I-1 $W ttLi 33-1 _ L"1 LA C 'cc -.30q2-
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER:sl A 5 3 3 3 _on C) a 1 ( (12 digit number found on Tax I.D.or obtained in Assessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION 'tee Shsre
EXISTING ZONING ISIfk. �kurb-\ CHANGE OF ZONE CASE NUMBER 1)1_ - 100-1
TOTAL AREA (ACRES) 3 + TOTAL AREA(acres) OF COMMON OPEN SPACE O3
NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE b.1v MINIMUM 4 accts
UTILITIES: WATER: NAME 114\4114 u)t\0S
SEWER: NAME Se_pkiL
GAS: NAME wimp-) ,
PHONE: NAME NUxvn --celept one,
ELECTRIC: NAME lat.N
DISTRICTS: SCHOOL: NAME W68. kE-9 Scjioo1 sk n&
FIRE: NAME ►JV.M Via, Disirick.,
ENGINEERS NAME Mt;,SSfe.1r Er-kq‘r1G<-Ycn9 I TnG• PHONE q10- LAD 3-221
ADDRESS ISO 6. Z4 " 5k Sire Z'1O I-Ultrasd . CO gOS33 PHONE
SURFACE FEE (PROPERTY OWNERS),OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: Lance, o,c4 SuafC 1n�1nex5 HOME TELEPHONE: ' l0-Z21-333Lk
ADDRESS: —113 $A\Ce, Sk (p\GnS CO 80SZy BUS. TELEPHONE:
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT(if different than above):
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME: 1ZME Lo.nc1 Corp
ADDRESS: 'f. D. BOIL c1149 t 'MC tioodlaMls f -11381 - clI rt
r. -- ate (/i s
Signature: Owner or thorized Agent
28
Identify Results Page 1 of 1
Parcel Summary
Parcel#: 045333000016
Owner: MEINERS LANCE E 8&JULEE K
Address: 713 SITKA ST
City: FORT COLLINS
State: CO
Zip Code:80524
Detail Information:
LAND BUILDING
PROPERTY PROFILE
Tax Summary
Account# R1023602
Total Taxes: $161.12
Amount Due: $0.00
Mill Levy: 68.57
Tax Year: 2002
Current taxes and miD levy are year 2002 which are payable in 2003.Tax deadline for the full payment is April 30. Payment alter this date will incur interest.Adjustments to Total Taxes Due,such as
Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TO 1000 Penalty or prior years'delinquent taxes are not included.
Treasurer's.Office
http://maps.merrick.com/Website/Weld/setSQL.asp?cmd=search&LUI=NAME&part=Meiners&QUER 6/2/03
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is granted by
("Grantor")on this day of
,to BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
a body corporate and politic operating pursuant to the laws of the State of Colorado and the Weld
County Home Rule Charter, doing business at 915 Tenth Street, City of Greeley, County of Weld,
State of Colorado, ("Grantee").
WHEREAS,the Grantor is the owner of the lands comprising the Property("Property")as more
particularly described on Exhibit A, attached hereto and made a part hereof, and
WHEREAS, Grantor desires to preserve the Property as an agricultural conservation easement
pursuant to the provisions of 27-2-55 of the Weld County Code for Cluster Planned Unit
Developments.
WHEREAS, Grantor desires to preserve the land water and air space of the Property in a natural,
scenic and open condition,for agricultural,horticulture, recreation,forest and wildlife habitat;
and
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
are hereby confessed and acknowledged,the Grantor hereby grants and conveys to the Grantee a
conservation easement as described in Exhibit A. The terms of this conservation easement are
binding for a period of(40)forty years from the date of final plat recording and are as follows:
1. The Grantor shall not erect residential structures which are not accessory to an
agricultural use.
2. The Grantor shall not divide the Property.
3. Agriculturally related buildings and structures are permitted if(I)they are not used
for residential purposes; (II)they are constructed and used as accessory structures to
a single principal use of agriculture; and(III)they are determined to be in accordance
with county land use regulations under presently existing zoning. However,it is the
intention of this Easement not to limit Grantors' discretion to employ their choices of
farm and ranch uses and management practices so long as those uses and practices
are consistent with the purpose of this Easement.
4. No hunting or fishing shall be allowed on the Property except strictly in accordance
with Colorado game and fishing laws by licensed hunters and fishermen. No
commercial kennels shall be allowed on the Property.
5. The Grantee shall have the right to enter upon the Property to inspect for violations of
the terms and covenants of this easement and to remove or eliminate any conditions
or operations which violate the same, by injunction,if necessary. No further right of
access, entry or possession is conveyed hereby. Such entry shall be made in a
manner that will not unreasonably interfere with Grantors'use and quiet enjoyment
of the Property. No right of entry is created for any member of the public or any
third party to this easement.
6. This easement shall run with the land and shall remain an easement on the land for a
period of(40)forty years from the date of the final plat recording regardless of
transfer of ownership.
7. The provisions hereof are binding upon the Grantors,their successors, assigns,heirs
and personal representatives, and all other persons who may hereafter acquire an
interest in the Property or any part thereof.
8. Nothing contained in this Easement shall be construed to entitle Grantee to bring an
action against Grantors for any injury to or rbange in the Property resulting from
causes beyond Grantors' control,including,without limitation, fire,flood, storm, and
earth movement, or from any prudent action taken by Grantors under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes.
IN WITNESS WHEREOF,the said Grantor and Grantee have executed this Conservation
Easement the day and year above written.
GRANTORS
The foregoing instrument was acknowledged before me this day of
20 by
Witness my hand and official seal
My commission expires:
ACCEPTANCE
GRANTEE,the County of Weld, a political subdivision of the State of Colorado, by and through
the Board of County Commissioners of the County of Weld,hereby accept this
CONSERVATION EASEMENT and agrees to abide by the terms set forth herein.
COUNTY OF WELD, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO
Signature
Title
Print Name
EXHIBIT A
TO
DECLARATION OF CONSERVATION EASEMENT
(Description of Planned Unit Development, The Shire)
Lot 6 of the following PUD description consisting of 103.4 acres more or less.
A tract of land situate in the Northwest '/a of Section 33, Township 9 North, Range 67
West of the 6th P.M., Weld County, Colorado which bears North 87'13'13"and with all
bearings contained herein relative thereto is contained within the boundary lines which
begin at the Northwest corner of said Section 33 and run thence along the west line of the
said Northwest '/ S00* 02' 45"E 1367.64 feet;thence S00*01'28" 1367.08 feet;thence
S88*00'29"E 2681.70 feet;thence N00*47'48"W 2699.80 feet;thence N87*13'13"W
992.83 feet;thenceS00*30'12"E 1356.86 feet;thence N87*37'23"W 999.38 feet;thence
N00*12'45"W 1363.52 feet;thence N87*13'13"W 661.67 feet to the point of beginning,
containing 134.94 acres more or less and being subject to all easements and rights-of-way
in place or are now of record or are shown on this plat.
w
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION OF PROTECTIVE COVENANTS is made this day of
, 2003, by Lance and Julee Meiners, declarants.
RECITALS
Declarants own real property in Weld County, Colorado, described on Exhibit A(the "Property";
and
Declarants desire to establish standards covering the use and occupancy of the individual Parcels
on the Property. These Protective Covenants are established to insure the lasting beauty,value,
and enjoyment of such Parcels and the Residual Land.
DECLARATION
NOW, THEREFORE, Declarants publish and declare that in addition to the ordinances of Weld
County, Colorado,the following terms, covenants, conditions, restrictions, reservations,
limitations, uses and obligations are established as Protective Covenants for the benefit of
Declarants, the Owners of the Parcels, and the owners of the Agricultural Lot. These Protective
Covenants shall be both a burden and benefit to the Parcels for the benefit of Declarants,the
Owners of the Parcels, the owners of the Agricultural Lot,their respective heirs, personal
representatives, grantees, successors, or assigns.
Membership in the Association shall be an appurtenant to ownership of a Parcel described in
Exhibit A and may not be separated from such ownership. Membership shall pass by operation
of law upon the sale or other transfer of any Parcel subject to these Declarations. Voting rights
in the Association shall be exercised in accordance with these Protective Covenants and the
Articles of Incorporation and Bylaws of the Association. Voting rights shall be based upon
Ownership Units. Each Ownership Unit shall have one vote on matters brought before the
members of the Association. When more than one person or entity is a record title Owner of a
parcel, each Owner shall be a member of the Association;however, even if there are multiple
Owners, there shall be only one vote with respect to each Ownership Unit. Fractional voting will
not be allowed.
The Association shall be responsible for collecting and disbursing Assessments and
administering and enforcing the Protective Covenants established by this Declaration.
DEFINITIONS
"Access Street"means Shire Road as set forth on the Final Plat recorded in the real property
records of Weld County, Colorado on , 2003 at reception number
(the "Plat").
"Parcel"means each of parcels 1 through 5 of the Property that constitutes the
Development described on the Plat. The term "Parcel"does not include the Agricultural Lot.
"Agricultural Lot"means the parcel of approximately 103.42 acres that is dedicated to satisfying
the requirement for this type of development. It will remain agricultural and is prohibited from
residential development for a period of 40 years from the approval of the Final Plat.
"Association"means The Shire's Association, Inc.,the non-profit corporation formed by
Declarants to maintain any improvements within or related to the provisions of these Protective
Covenants.
"Owner"means the record Owner or Owners, whether one or more persons or entities, of any
Parcel. The term "Owner"shall not include the owner of the Agricultural Lot unless specifically
so stated.
"Ownership Unit"means the single voting rights per parcel regardless of the number of record
Owner(s).
PROTECTIVE COVENANTS
Land Use and Building Type. No Parcel shall be used for any purpose other than as a location
for one single family residence or accessory buildings and structures. All buildings and
structures will be contained within the building envelopes as shown on the final plat. All one-
story residences shall have a minimum of 1,600 square feet. All two-story residences shall have
a minimum of 2,200 square feet. Square footage shall include enclosed floor area and exclude
carport, garage or open porches. Any basement area that is more than 70%below ground level
shall be excluded from the calculation of square footage and from the determination of the
number of stories in a residence. No buildings other than the single-family residence and
accessory buildings or structures described above shall be erected, placed, or permitted to remain
on any Parcel.
Temporary Residence. No temporary residence structures shall be permitted. No trailer, motor
home,tent, camper,basement or accessory building may be used on a Parcel as a temporary or
permanent residence.
Refuse and Rubbish. Refuse, rubbish, garbage,trash, and other wastes shall be kept within
sealed containers and shall not be allowed to accumulate on any Parcel. All refuse or waste
containers shall be kept in a neat, clean, and sanitary condition. All refuse, rubbish, garbage, and
trash shall be disposed of in a canitary manner, off of the Parcel No Parcel nor any driveway,
access, or easement area shall be used as a dumping ground for any waste or rubbish.
Nuisance. No activity which may constitute a nuisance shall be permitted on any Parcel. Pets
not restricted to the confines of an Owner's Parcel shall be considered a nuisance. There shall be
no persistent loud or excessive noises which interfere with the right of the Owners of adjoining
parcels to the quiet enjoyment of their Parcels. No firearms may be discharged on the Parcels.
Machines, farm implements,tractors,trailers, campers or other equipment and inoperative
automobiles which are on a Parcel for 90 days or more and are readily visible from the outside of
the Parcel shall be deemed a nuisance. Each Owner shall provide storage buildings, with
approved building permits, or Association approved fencing for such equipment.
Fences. Each Owner shall erect and maintain a three-rail fence along the perimeter of each
Parcel that adjoins the Access street. This fence shall be identical on each Parcel and, except for
driveway access, shall be a continuous structure along the perimeter of the Access Street. Other
fences may be installed and maintained by Owners, at their own expense, on individual Parcels
with the approval of the Association. No fence around or along the perimeter of any Parcel shall
be erected using barbed wire, chain link or metal panels. No privacy fence or hedge shall extend
the entire length of any side of any Parcel, but an Owner may erect a segment of privacy fencing
or hedge to obstruct the view of the residence from the residences on other Parcels. All posts on
any perimeter fence shall be treated, wood posts. Smooth wire, electric wire and woven or sheep
wire may be used for perimeter fences except for the perimeter adjoining the Access Street.
Lights. Small exterior lights near the entrances to the residence and at ground level along the
driveways and sidewalks shall be permitted. Exterior lighting that is designed or allowed to
remain on from sundown to sunrise shall be permitted at the approval of the Association.
Animals. Large animals such as, but not limited to,horses, cattle, sheep, goats, llamas, and
alpacas which are kept for recreational or hobby purposes, but not commercial purposes, shall be
permitted. Small domestic pets such as,but not limited to, dogs, cats, fowl kept for recreational
or hobby purposes shall be permitted on all Parcels. Stocking rates must be in compliance with
current Weld County and State regulations. Animals shall be under control so as to not be a
nuisance to other Owners or the owners of the Agricultural Lot and shall be provided adequate
maintenance, food and shelter. Pets not restricted to an Owner's Parcel shall be deemed a
nuisance. Any dog that regularly barks continuously for more than fifteen minutes outside of an
enclosed building shall be deemed a nuisance.
Drainage Pattern. Declarants and all Owners shall be prohibited from constructing or storing
anything in any drainage easement depicted on the Plat or in any way disrupting or changing the
drainage pattern as initially designed and installed on the Property per the County approved
storm water drainage plan.
Driveways. All driveways providing access from the Access Street to the interior of a Parcel
will be installed in a location approved by the Association. The area of the driveway within the
Access easement shall be properly compacted and shall have a driving surface containing
adequate road base consistent with the Access Street. The Association will not maintain
individual Parcel driveways.
ASSESSMENT AND ENFORCEMENT
Obligation for Assessment. Declarants establish as a covenant governing each Parcel within
Exhibit A, responsibility on the part of each Owner to pay all Assessments imposed by the
Association to meet the Association's Improvement or Maintenance Expenses. Each Owner,by
acceptance of Parcel ownership shall be bound by this covenant and agrees to pay all
Assessments imposed by the Association. There shall be one Assessment per ParceL
Assessments shall be established by the Association at its annual meeting, to be held in the
month of January of each year, commencing with the year 2004. Assessments are payable
within sixty days following mailing of a Notice of Assessment or at such other intervals as may
be set by the Association from time to time. The Association shall prepare and mail a statement
for each Assessment to the record title Owner of each Parcel. Assessments shall be a personal
obligation of each person or entity in record title to a Parcel as well as a lien upon the Parcel
assessed. Assessments may be collected by an action of law against the Owner(s) or through
foreclosure.
Assessments shall be based upon the Association's cash requirements to provide for payment of
Maintenance or Improvement Expenses. The amount of the Assessment to be paid by each
Parcel owner shall be determined by dividing the total amount of the Assessment by the number
of Parcels. The resultant amount shall constitute the Assessment per Parcel.
Notice of Lien/Foreclosure. All payments are to be made to the Association. Unpaid
Assessments shall bear interest at the rate of 12%per annum, compounded annually, until paid.
If any person or entity liable for an Assessment shall fail or refuse to pay an Assessment when
due,the Assessment will constitute a lien on the real property titled to such Parcel. The
Association may record a Notice of Lien and enforce collection of such lien by foreclosure. The
lien shall attach from the date of recording. The lien of the Association shall be prior to all other
liens and encumbrances, recorded or unrecorded, affecting the Parcel, except: (a)taxes, special
assessments, and special taxes levied by any political subdivision or municipal corporation of the
state;(b) other state or federal taxes which are a lien on the Parcel and which have a priority by
law over all other recorded encumbrances; and(c)the lien of a mortgage or deed of trust of
record.
To evidence such lien for unpaid Assessments, the Association shall prepare a written Notice of
Lien setting forth the amount,the name and mailing address of the record Owner(s)of the Parcel,
and the legal description of the Parcel. The Notice of Lien may be signed by the president of the
Association or the Association,s attorney and shall be recorded in the office of the Weld County,
Colorado Clerk and Recorder. The Association shall send a copy of the Notice of Lien to each
mortgagee of record. The lien may be enforced by an action in foreclosure commenced within
two(2)years following recording of the Notice of Lien. A mortgagee may, but shall not be
required to,pay any unpaid Assessments. Whether or not foreclosure proceedings are
commenced,the record Owner(s)of the Parcel shall be required to pay the amount of any
delinquent Assessment, interest, fees incurred by the Association for preparing and filing the
Notice of Lien, and all costs and expenses of the foreclosure proceedings, including attorney fees
and Court costs. The delinquent record Owner(s) of a Parcel shall continue to be obligated to
pay any Assessments which become due and owing during the period of the foreclosure. In
connection with any foreclosure proceedings, the Association shall be entitled to the appointment
of a receiver,without notice and without the posting of a bond. The Association may bid on the
property at the foreclosure sale and may acquire,hold, lease, mortgage, or convey any Parcel
acquired through foreclosure.
BYLAWS
OF
THE SHIRE'S HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I: OFFICES
The initial principal office of the corporation shall be at a location designated in the Articles of
Incorporation. Thereafter,the principal office shall be designated by the current president. The
principal office shall be located within Weld County, Colorado.
ARTICLE 2: MEMBERS
2.1 Annual Meeting. The annual meeting of the members shall be held during the month of
January at a time and location,within Weld County, Colorado,to be determined by the
President of the Association,beginning with the year 2004. Failure to hold the annual
meeting as designated shall not affect the validity of any corporate action taken nor effect
a dissolution of forfeiture of the corporation.
2.2 Special Meetings. Special meetings of the members may be called by the President for
any purpose. Special meetings shall be called by the President at the request of not less
than twenty-five percent(25%)of the members of the corporation entitled to vote at the
meeting.
2.3 Place of Meetings. The President may designate a location within Weld County,
Colorado, as the place for any annual meeting or special meeting called by the President.
2.4 Meetings by Telecommunication. Any or all members may participate in an annual or
special meeting by any means of communication by which all persons participating in the
meeting may hear each other. A member participating in a meeting through
telecommunication is deemed to be personally present.
2.5 Notice of Meetings. Notice stating the date,time and place of the meeting, and, in the
case of a special meeting,the purpose for which the meeting is called, shall be delivered
to each member of record entitled to vote at such meeting not less than ten nor more than
60 days before the date of the meeting. Notice shall be in writing and shall be provided
by(a) United States mail addressed to the member's current address as shown on the
corporation's records, (b)by private carrier or express delivery company, (c)by personal
delivery, or(d)by telegraph, teletype, or electronically transmitted facsimile. Notice
shall be deemed given three(3)days following the date mailed or sent pursuant to(a),
(b), and(d)or when received pursuant to(c). Notice shall be given at corporate expense.
A written waiver of notice may be signed by the member entitled to such notice whether
signed before, at, or after the date or time stated in the waiver. All such written waivers
of notice shall be filed with the corporate records. Failure to comply with the bylaw shall
not invalidate any action taken at an annual or special meeting at which a quorum is
present and voting.
2.6 Closing of Transfer Books or Fixing of Record Date. For the purpose of determining
members entitled to notice or to vote at any meeting of the members or in order to make a
determination of members for any other proper purpose,the President may provide that
the membership record books shall be closed for any stated period not exceeding 50 days.
Alternatively,the President may fix in advance a date as the record date for determination
of eligible members, which date is not more than 50 nor less than 10 days prior to the
date on which the particular action requiring the determination of members is to be taken.
When a determination of members entitled to vote at any meeting of members has been
made as provided in this section, the determination shall apply to any adjournment of the
meeting.
2.7 Voting Record. At least ten days before each meeting of members, the officer or agent
having charge of the membership record books shall make a list of the members entitled
to vote at the meeting, arranged in alphabetical order. The list shall reflect the address of
each member. The list shall be kept on file at the principal office of the corporation and
shall be open to inspection by any member during usual business hours. The list shall
also be produced and kept open at the time and place of the meeting and shall be subject
to inspection by any member, member's agent, or attorney for any purpose germane to
the meeting during the whole time of the meeting or any adjournment. The original share
membership record books shall be prima facie evidence as to the identity of the members
entitled to examine the membership record books or to vote at any meeting of members.
Failure to comply with this section shall not invalidate any action taken at any meeting.
2.8 Membership. Membership in the Association shall be appurtenant to and may not be
separated from ownership of a parcel of real property described in Exhibit A to the
Declaration of Protective Covenants for The Shire's Owners' Association, Inc. recorded
in the Office of Weld County, Colorado Clerk and Recorder. There shall be one
Ownership Unit for each parcel described in Exhibit A to the Declaration of Protective
Covenants. Voting rights shall be based upon Ownership Units. Each Ownership Unit
shall have one vote on matters brought before the membership of the Association. When
more than one person or entity is a record title Owner of a Parcel, each Owner shall be a
member of the Association;however, even if there are multiple Owners,there shall be
only one vote with respect to each Ownership Unit. Fractional voting will not be
allowed.
Upon transfer of ownership of a parcel subject to such Declaration of Protective
Covenants,the member effecting such transfer shall advise the President of the
Association of such fact. The Association may charge a fee, not to exceed$50 for such
transfer. At the time of transfer,the President shall provide the transferring member
with a statement of the current assessment amount and may collect from the transferring
member or the transferee any current assessments outstanding.
2.9 Quorum/Majority Vote. A majority of the outstanding Parcel owners entitled to vote,
represented in person or by proxy, shall constitute a quorum at a meeting of members. If
a quorum is present,the affirmative vote of a majority of the Parcels represented at the
meeting and entitled to vote on the subject matter shall be the act of the members. Once
a quorum has been established so that the meeting is duly organized,the members present
may continue to transact business until adjournment,notwithstanding the withdrawal of
enough members to leave less than a quorum.
In the election of a President,the candidate for President receiving the highest number of
votes cast in favor of his/her election is elected, even if a candidate did not receive a
majority vote for the position.
2.10 Adjournment. If less than a quorum of the outstanding of the outstanding Parcel owners
entitled to vote are represented at the commencement of a meeting of the members, a
majority of the Parcel owners so represented may adjourn the meeting for a period not to
exceed 60 days for any one adjournment, without further notice being required. At an
adjourned meeting at which a quorum is represented, any business may be transacted
which might have been transacted at the meeting as originally noticed.
2.11 Proxies. A member may vote by written proxy executed by the member or by the
member's duly authorized attorney in fact. All proxies must be filed with the President
of the corporation before or at the time of the meeting. No proxy shall be valid more than
11 months from the date of its execution ,unless specifically provided in the proxy.
2.12 Voting of Parcel Owners. All Parcels must be owned by members in their own right. No
Parcel held by the corporation in treasury or in a fiduciary capacity shall be voted at any
meeting or counted in determining the total number of outstanding Parcels at any given
time.
Parcels standing in the name of another corporation may be voted by such officer, agent,
or proxy as the Bylaws of such corporation may prescribe, or in the absence of such
provision, as the Association of this corporation may determine.
Parcels held by an administrator, executor, guardian, or conservator may be voted by
such fiduciary, either in person or by proxy,without a transfer of the ownership units into
the name of the fiduciary. Parcels held by a trustee may be voted in person or by proxy,
but no trustee shall be entitled to vote prior to transfer of the Parcel into the name of the
trustee or the trust itself.
Parcels standing in the name of a receiver may be voted by the receiver, and Parcels held
by or under the control of a receiver may be voted by the receiver without transfer into
the receiver's name if authority to do so is contained in an appropriate order of the court
by which such receiver was appointed.
A member whose Parcel is pledged shall be entitled to vote until the Parcel has been
transferred into the name of the pledgee, after which time the pledgee shall be entitled to
vote.
Parcels standing in the name of two or more persons(i.e. registered in the names of joint
tenants or tenants in common or in the name of a partnership or multiple persons in a
fiduciary capacity) shall be voted as follows:
(a) If only one person votes, such vote shall be binding;
(b) If two or more persons vote,the act of the majority shall be binding;
2.13 Informal Action by Members. Any action required or permitted to be taken at a meeting
of the members may be taken without a meeting if consent in writing setting forth the
action taken shall be signed by all of the members entitled to vote with respect to the
subject matter. Written consents may be signed in counterparts. The effective date of the
action taken may be any date specified in all the written consents. Written consents shall
be filed with the corporate records. The consent shall have the same force and effect as a
unanimous vote of the members and may be stated as such in any document filed with the
Secretary of State.
ARTICLE 3: OFFICERS&AGENTS
3.1 General. The officers of the corporation shall be President and Treasurer. The
Association may appoint such other officers, including assistant officers and agents as it
may consider necessary. All such persons shall be chosen in the manner and hold their
offices under the terms and conditions and with such authority and duties as may be
determined by the Association. No salaries shall be paid any officer. Any one person
may hold any two or more offices.
All officers must be natural persons of the age of eighteen years or older.
3.2 Election and Term of Office. The officers shall be elected by the Association at the
annual meeting. If the election of officers is not held at such meeting,the election shall
be held as soon as practicable. Failure to effect annual election in accordance with this
Bylaw shall not invalidate the authority of any officer.
3.3 Resignation. Any officer may resign at any time by giving written notice to the President
or the corporation. Such resignation shall take effect at the time specified in the notice.
The Associations acceptance of such resignation shall not be necessary to make it
effective. Notice of resignation may also be provided by the officer to the Secretary of
State.
3.4 RemovaL Any officer may be removed by the Association at any time,with or without
cause.
3.5 Vacancies. A vacancy in any office, however occurring, may be filled by the Association
for the remaining portion of the term.
3.6 President. The President shall be a director of the corporation. The President shall have
general and active control of the corporate business and general supervision of its
officers, agents, and employees, and shall preside at all meetings of the members.
Treasurer. The Treasurer shall be the principal financial officer of the corporation and
shall have the care and custody of all funds and other intangible property of the
corporation and shall invest, manage or deposit the same in accordance with the
instructions of the Association. The Treasurer shall:
• Receive and give receipts for moneys paid to or for the account of the corporation
and pay out of finds on hand all bills, payrolls, and other debts of the corporation.
• Have other powers and perform other duties as may be prescribed by the
Association or President
• Perform all other duties incident to the office of the Treasurer.
• Upon request, make such reports to the Association as may be required.
ARTICLE 4: MISCELLANEOUS
4.1 Fiscal Year. The fiscal year of the corporation shall be a calendar year.
4.2 Amendments. The Association shall have power to make, amend and repeal the
corporation's Bylaws at any regular meeting or at any special meeting called for that
purpose.
The undersigned officer of the corporation certifies that these Bylaws were adopted by the
corporation on the day of , 2003.
Lance Meiners, President
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ,20_,by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and Lana and SU.IIC Mu n crs hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
NEf1y N W T
'14 , 33 , Rn1 ,� S'1W , tI 'M , vki 3W
WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property, to be known as
�1G Shtr. has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along
with a time schedule for completion, are listed in Exhibits "A" and"B" of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado,and shall conform to the standards and criteria established by the
County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-Wayand Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
1
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto and
incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County
and the specifications adopted by the County for such public improvements. Whenever a Subdivision
or Planned Unit Development is proposed within three miles of an incorporated community located
in Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards,those requirements and
standards that are more restrictive shall apply. .
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect,or to require
testing and inspection of material and work at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems, water, gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the
terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of
County Commissioners, at its option, may grant an extension of the time of completion shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result of all suits,actions or claims of every nature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered against the County on account of any such suit,action or claim,together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability,loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
- regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the
Subdivision or Planned Unit Development.
6.1 If desired by the County,portions of street improvements may be placed in service when completed
according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an
2
approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County; and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development
and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that
the County Engineer inspect its streets and recommend that the Board of County Commissioners
partially approve them. Not sooner than nine months after partial approval, the County Engineer
shall,upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any
deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)
that any deficiencies have been corrected. If the County Engineer fords that the streets'are
constructed according to County standards,he or she shall recommend full approval. Upon a receipt
of a positive unqualified recommendation from the County Engineer for approval of streets within
the development,the Board of County Commissioners shall fully approve said streets as public but
with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent
(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months
of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies and regulations.
The improvements shall be completed within one(1)year after the Final Plat approval(not one year
after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)of the value of the improvements remaining to be completed. If improvements are
not completed and the agreement not renewed within these time frames,the County,at its discretion,
may make demand on all or a portion of the collateral and take steps to see that the improvements are
made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
- of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
3
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of
the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvements Agreement and
the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%) of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets,
sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final fifteen percent(15%),or one
year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate
that, in any event,the Letter of Credit shall remain in full force and effect until after the
Board has received sixty(60)days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral,an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County,then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent(100%)of the
- cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified
4
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow
agent, upon request by the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project "as-built"is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company,special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the County, the applicant(s)may request release of the collateral for the project or
portion of the project by the Board. This action will be taken at a regularly scheduled public meeting
of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity,special district
or utility company.
5
9.9 The warranty collateral shall be released to the applicant upon fmal approval by the Board of County
Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location
suitable for public use for parks,greenbelts or schools, said actions shall be secured in accordance with one
of the following alternatives, or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area, the maintenance of which shall be a specific
obligation in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined according to Chapter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant
running with the land herein described,and shall be binding upon the successors in ownership of said land.
6
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of ,20 .
My Commission expires:
Notary Public
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
,Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
7
•
EXHIBIT "A"
Name of Subdivision {�
or Planned Unit Development:�/ -T EC[\P. Shire.
T •
Filing: -koof ,1 p ..
Location: W11 t&' J I'41 33 -Carl I L,11W (0*T M , v1/41c, t to
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements • Quantity Units Unit Estimated Construction
Costs Cost
st
Site grading 2 Da. �7 1 any
Street grading I Zj�}S
Street base SOD '1 If (1
0
Street paving 2112 12 5
Curbs,gutters, and culverts
Sidewalk
Storm sewer facilities ) A7G7 271'1
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities •
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants •
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping 2. lop µ00
Park improvements
Road culvert
Grass lined swale it; . a Li U1
Telephone
Gas 313O
Electric
Watei transfer
SUB-TOTAL: '70 6113
*see Anthed
Engineering and Supervision Costs$ .220D
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 71513
8
The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By: LnneP. MOnu5
Applicant
Jna Heinen
Applicant
Ci)q(rS Date: ,20
Title •
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
9
EXHIBIT "B"
Name of Subdivision Shi�
or Planned Unit Development: f U
Filing: Pt too 1
Location: ti ti 4 ',milli 33 TAN lkto'l %J Low 4PM WIG , (o
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within I years from the date of approval of the final plat. Construction
of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading Sec embo- I ) Zoo
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road-culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
* Comp at, read o,naukilikit5 InJ Stp I Loo3 no-1- wtins'randing
wncoiresu.n or unesbid lei aU1oa35
10
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By: L d(1«, MUI\u5
Applicant
Stall c . Mu►,exs
Applicant
Date: ,20 .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
•
•
•
11
• / assimiammi
IRCTRABCOLOx.
• You do We.Well do the banlcnj"
June 4, 2003
The Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
RE: Shire PUD— PK 1007
To Whom It May Concern,
Julie and Lance Meiner have made application to Vectra Bank Colorado for their
development known as the Shire.
Application is currently in process and the appraisal has been ordered. The final
application will be made when the final plat has been recorded.
If you have any questions, please contact (970) 420-0296.
Sincerely,
Da Byers
Commercial Loan Banker
titbl 4100 Harrison•P.O.Box 460•wellington,cnbrado 80549
870.566.9355 Mcn*a FDIC
Estimate
DATE ESTIMATE#
A- GOLTZ- ----'
� PRALr COMP ` 5/5f2003 ...._..1168
•
•
8468 E. Ct7 Rd. 20 C. #815 • Loveland,CO 80537 • (97O)119.341343_• gyyc{pxp}868-g3gp
•
NAME/ADDRESS
I iw Mwintis
•
1
•
•PROJECT
�
*Meiners Shire PUG
DESCRIPTION QTY Unit Price TOTAL
Project Helpers Shire PUB
EARTHWORK includes step-tapsoif-&-nockpilen-m4vetc,fill&wmpatt,wash,ditches; - 1 14,488.00 14,488.00
final averlot-grade;-impartfill from writ,. Cempktedfe r he lump sum price of S14>488-
EROSION CONTROL-Completed for the lump sum price of$696 ( I 696.00 696.00
STORM SEWER-Includes:75 LF of 18"CMP Storm Sewer 4-Fees-Completed for the lump 1 2,767.00 2,767.00
nun price of$276?
PREP-lneludea5rarfire snA II-rampart'subgrade greets+/-1401 2812 ay.Q-S2.471s y, 2,812 2.47 6,945.64
PAVING Includes:Final shape subgrade;Haul,place and compact 6"mad base;Haul,place 2,812 12.78 35,937.36
and compact 3'hot plant mixed asphalt.One Mobilization.
Apprax.287Ts.y.®¶12-.71"- -
mini IF nFR-4'thn„btrr Inrlu4rs' Final shape subg.adr J4 tl,plaaea ul-compact-9"road- - 800 7.15 5,720.00
base.
Approx.800 s.y.@S7.15/s.y.
*ExcluderPennita testing,traffic control,striping
a . . at5uated writ-Prices pru.'k.d,.,vt,s of.vo,L is not
dramatically ebamed to deereacad
"Drainage less than l%designed or obtainable'fall will noLbe-guaranteed_
*Soft or unsuitable subgrade will be repaired on a time and material at the direction of the
Owners representative. - .
• lw,k you-for-letting its-bid un,Lia projwtl
•
•
Submitted by:David).Gotta • 1 -----_—.-_—_......_..........i .
TOTAL $66,554.00
The following quotation,subject to terms and conditions, Acceptance/Date
ate
as nured,and on the muse side,if accepted,shalt
•
constitute a contract between the parties to this quotation.
NUNN TELEPHONE CO.
285 LOGAN AVENUE•PO BOX 249• NUNN,CO 80648
(970)897-2200
June 3, 2003
Julee Meiners
713 Sitka Street
Fort Collins, CO
80524-5303
Fax Number. 221-3334
Re;Line Extension
Dear Julee,
The line extension tariff for Nunn Telephone Company excludes all construction under
$3300 and also provides for a $3300 deduct off all projects in excess of$3300.
Your project falls under the$3300 extension cost level, Nunn Telephone Company will
not be proposing a line extension agreement.
The$3300 is computed by the Colorado Public Utilities Commission and is incorporated
into our filed tariff.
Thanks for contacting us in regards to your project. Since we already have cable plant of
sufficient size at the northern edge of your proposed addition, we are prepared to serve
the prospectiv ew customers. Hope all goes well for you.
Sinc y
ab ander
Manager
June 4, 2003
Weld County Planning Services
1555 N. 17th Avenue
Greeley, CO
RE: Electrical Costs for Improvements Agreement
A letter from REA is unavailable at this time,however, the following estimates are from
Terry Fielding, REA Representative, 282-6434.
To supply overhead electric to this property would be $3,730.
To supply underground electric to this property would be $23,520.
It is our intention to supply overhead electric to this development. Ifyou have any
questions regarding these figures,please contact Terry Fielding at the above number.
Sincerely,
ee Meiners
June 2, 2003
Weld County Department of Planning
1555 N. 17th Avenue
Greeley, CO 80631
RE: Attached letters from Weld County Services
Attached are the responses received from local services in regard to the proposed
development. Following is a summary of those responses:
RE-9: The proposed bus pull out was removed at the request ofthe school district.
Buses will instead use the cul de sac as a turn around point.
Post Office: The Post Office is in agreement to remove the bus pull out and has
approved the proposed mailbox distribution and address proposal
Sheriff's Office: The proposed sign(see letter)has been approved and will be
reviewed again by Public Works on the road design. Proposed addresses have been
approved.
Weld County Ambulance: Request for approval was faxed May 16, 2003 and have
left several messages requesting response to no avail.
Nunn Fire Department: Alvin Ships of the Nunn Fire Department is in the process of
addressing concerns with the current address system used in Weld County. He does not
object to our development but is interested in improving the county's approach to
assigning addresses.
FROM :Transportation FAX NO. :9700341366 May. 02 2003 0B:43AM P2
Apr 30 03 05:24p Merrs 970-221A'4334 p. 2
April 30,2003
Judy Gonzales
Weld RE-9 School District
Transportation Dept.
Ault, Colorado 20610
RE: The Shire PUD,P7.-10Q7—Bus pullout and bus shelter requirements
Dear Judy,
Per our phone conversation on April 30, 2003, and my phone conversation with Denni6
Scheer the day before,T am sending this loner to confirm our agreement for the above
referenced PUD. Please rett r to attached map for location and specific information.
ft is our understanding,the RE-9 School District prefers the bus be able to turn into the
ail de sac known as Shire Road and have the ability to turn around. We also understand
that RE-9 School District does not wish to load and unload children directly off ofWCR
10O and wouldnet Sc in favor of a bus pullout located on WCR 7.00. Since Shire Road
will be paved and have a tinning radius of 65 feet,it is more desirable for*e bus to be
able to-turn into the-development.
Additionally,it is our understanding that RE-9 does not require a shelter to be provided
for children waiting on the bus and does not deem it necessary for this development.
If these statements confirm our phone conversations,please indicate yaw-agreement by
signing below and returning a letter to Sheri Lockman, Weld County Planning and
myself. If you have any questions, please call meat 221-3334. Thank you for your tine
and effort on our behalf
Sincerely,
�cA�c, /i 1I�C�,,;�,,J
lee Meiners
--)A ^�
Judy ralcs)'fransponati6d
Dennis Scheer. Superintendent
April 30, 2003
Postmaster
Pierce, CO 80650
Attn: Lee
Re: Post Office services for Shire PUD— PZ-1007
Dear Lee.
Per our phone conversation on Tuesday, April 29, 2003, 1 am sending this letter for your
approval. Please refer to attached map for locations and specific information.
It is my understanding that the postal service for this development would not require any
special services and would be able to deliver mail to mailboxes placed on each property.
As a courtesy to our postal carrier, we would like to suggest that she approve of each
mailbox location before it is placed on the property. All boxes would be required to be
on Shire Road.
Additionally, I am submitting the preliminary addresses for the postal service's approval.
If this arrangement meets your expectations, please indicate by signing below and
returning one copy in each of the enclosed envelopes.
If you have any questions or comments, please call me at 970-221-3334. Thank you for
your help and input on our behalf.
Since ely,
ee Meiners
713 Sitka Street
Fort Collins, O 80524
0
ostmaster, Pierc= olorado a HAY `ro
,5
2003.
usP9
THE SHIRE PUD Developer: Lance & Julee Meiners
Case # PZ-1007 (Change of Zone from Ag to PUD) Planner: Sheri Lockman
PT NW4 33-9-67
ZONED PUD/ESTATE W/1 NON-RESIDENTIAL LOT ZONED AGRICULTURAL
IS NOT IN FLOOD PLAIN (0325C)
INDIVIDUAL WELLS
INDIVIDUAL SEPTIC SYSTEMS
POUDRE VALLEY REA
NUNN FIRE PROTECTION DISTRICT
HIGHLAND RE-9 SCHOOL DISTRICT
NUNN TELEPHONE COMPANY
PRELIMINARY ADDRESSING
Lot 1 8420 Shire Road
Lot 2 8400 Shire Road
Lot 3 8404 Shire Road
Lot 4 8416 Shire Road
Lot S/6 8412 Shire Road
6 4 8"S�I ire-t�gaeL
Lot 7 (not addressed - no development
allowed for 40 years)
COLORADO
Un Dodge,Building Technician
Building Department
1555 North 1701 Avenue
Greeley CO 80631
Phone:(970)353-6100,extension 3574
Fax: (970)304-6398
4/3/03
Mao 22 03 10: 36a Me1nerls 970-221-3334 p. 3
MAY-21 -03 WED 11 :39 AM Wel.:. .JUNT PUBLIC WKS7 FAX 9703046497 PAGE 1
May CO 03 O2: r4p . Meiner 970-221-3334 p. l
FAX LEAD
TO. Peter Shea
Weld Coteay Public Works
FROM: luiee Mtlnas
DATA • May 20,2003
RE' Attached Road Sign Proposal
Peter,
1 stn meting you this fa;as an eitplanaaon of a voicemail I left you earlier today. Attached you
will find an example of air proposal for the sign required by the Shahs Office. Following is an
capitulation of why this has Gaffe to your attendee.
HSecttan 27,&90 indicates"the following sigoage controls areintended to protect and present the
vi east con,dwo of tto rwdweys within the County while preventing the obstruction of ma k
nobility and confusion from impropely placed and designed signs... The Weld Grimly Sheriff's
Office. indicated their primary caicem is to he ableto muddy identify an address within a
given roadway. .
With the above criteria in mind,we are proposing rho attached sign. The sign ccample.weld be
affixed to Sc post dimly wider and poratld to We street nni,but above the stop ago It would
be visible from either direction on WCR 100.
Dave Rattle with the Sheriff•.Office has verbally indicated this sign would meet his needs,but is
looking to your dganmtee to confirm this sign will meet sign standards for the irtkmai roadway.
k•the concept meets your approval,we will have tau engineer add the detail to the sign standard
cantered on the roadway d.s g.. Plates call me with comments er ocxttaans or indicate your
approval by signing below end find:4 back to me al 970.221.3334.
•Sincerely,
11t i)7ic its_)
ee nfenlefr • •
APPROVED:
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•
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O3t8 - OOi78
peon aai4S
nay ee ua tu: aba neiners 970-221 -3334 p. 2
FAX LEAD
TO: Nunn Fire Protection District
Weld County Sheriff's Office
Weld County Ambulance Services Department
FROM: Juice Meiners
DATE: May 16, 2003
RE: Approval of addresses assigned to PUD PZ1007
To Whom It May Content:
Following is a list of addresses assigned to the lots of the above referenced PUD. The
Post Office has already approved these addresses, but we would like to ask you to review
and approve them as well.
If the following addresses are acceptable to you,please indicate your approval by signing
below and faxing to 970-221-3334. If you have additional comments,you may also fax
them to the same number or call me at 970-221-3334_
For your convenience I have attached a map of the PUD so you may visualize the lots
and location. Thank you for taking the time to address this concern.
PROPOSED ADDRESSES BY THE WELD COUNTY BUILDING DEPARTMENT:
LOT 1 8420 Shire Road
LOT 2 8400 Shire Road
LOT 3 8404 Shire Road
LOT 4 84I6 Shire Road
LOT 5 8412 Shire Road
Thank you again,
Juice Meiners
APPROVED �Nf/l��it► 6 " E/•
Signature T ate ar-n2.. u 3
• MAY-21-03 WED 11 :39 AM WELD Cm" PUBLIC WKS7 FAX:9703046497 � ' PAGE 1
Has 20 03 .02: 14p Meiners 970-221 e34 p• 1
FAX LEAD
TO: Peter Shea
Weld County Public Works
FROM: Mee Meiners
DATE: May 20,2003
RE Attached Road Sign Proposal
Peter,
1 am sending you this fax as an explanation of a voicemal 11et1 you earlier today. Malted you
will find an example of ow proposal for the sign rewired by the Sheriff's Office. Following is an
r:wpianation of why this has come to your aua iron.
Sectten 27,0:90 indicates"tat following sigoage controls are intended to pretext and preserve the
visual connives of the roadways within the Caney while preventing the obstruction of traffic
visibility and confusion from improperly placed and designed signs... The Weld Comity Sheriffs
Office has indicated their minim concern is to be able to quickly identify an address within a
given roadway.
With the above.criteria in mind we are ptomains the attached sign. The sign a ample would be
atiixedto the post ditac ly.tmder and parallel to the meet sign,but above the stop sign. It would
be visible from either direction on WCR 100.
Dave mule with the Sheriffs Office has verbally indicated this sign would mea his needs,but is
looking to your depilate to confirm this sign will met sign standards for the internal roadway.
RIM concept meets your approval,we will have ow testator add the detail to the sign standard
captured on the roadway design Please call me with commons or concerns or indicate yea
approval by signing below and faxing back to me at 970-221-3334,
Sincerely,
leek
e /271-(4,14/1-11
Meiners
•
APPROVED: —"
-arty orb Sheriff's Office
�% Aft -30 3 .
1 @ j On (vex!0 70I en
etr:I'�.�Mt �tS CkSSI
nslms sibk ~ sea. OK !O� •A rest
will Nuke. Prot Murat t ?t°' PA Si'.
Shire Road
8400 - 8420
THE SHIRE PUD Developer: Lance &Julee Meiners
Case # PZ-1007 (Change of Zone from Ag to PUD) Planner: Sheri Lockman
PT NW4 33-9-67
ZONED PUD/ESTATE W/1 NON-RESIDENTIAL LOT ZONED AGRICULTURAL
IS NOT IN FLOOD PLAIN (0325C)
INDIVIDUAL WELLS
INDIVIDUAL SEPTIC SYSTEMS
POUDRE VALLEY REA
NUNN FIRE PROTECTION DISTRICT
HIGHLAND RE-9 SCHOOL DISTRICT
NUNN TELEPHONE COMPANY
"CLUSTER DEVELOPMENT"
PRELIMINARY ADDRESSING
Lot 1 8420 Shire Road
Lot 2 8400 Shire Road
Lot 3 8404 Shire Road
Lot 4 8416 Shire Road
Lot 5/A 8412 Shire Road
Lot X / (not addressed - no development
�o allowed for 40 years)
PROPOSED NEW ADDRESSING CODE:
Lot 100420 Shire Road
Lot 2 100400 Shire Road
Lot 3 10 4 Shir oad
Lot 4 1004 ' e Road
Lot 5/6 0412 Shire R
Lot 7 (not addressed - no deve ment
allowed for 40 years)
UPDATED 6/5/03 - LIN DODGE
LETTER OF INTENT
CASH IN LIEU FOR RE-9
June 4, 2003
Weld County Department of Planning
1555 N. 17th Avenue
Greeley, CO 80631
RE: Cash in lieu payment to RE-9 School District
The purpose of this letter is to state our intentions of paying RE-9 $759.00 per property in
order to meet the districts interest. This amount was determined by RE-9 in a letter to us
dated October 22, 2002. This letter should be on file with the planning department.
We will supply a receipt of payment with the recording for Final Plat. The total amount
of payment will equal $3795.00 for five properties. If you have any questions regarding
this matter,please call me at 970-221-3334.
Sinc ely, iar p-A l
Julee Meiners
es-
June 4, 2003
Weld County Planning Services
1555 N. 17th Avenue
Greeley, CO
RE: Compliance Statement for The Shire, PZ-1007
Please accept this letter as our statement of compliance in regard to the referenced
development.
Please refer to the Specific Development Guide for details of the intended use for this
development. We have taken steps to implement the Development Guide as well as
create covenants and bylaws through an Association to maintain the land use in an
organized and efficient manner.
To the best of our knowledge, the final plan submittal is in compliance with the
requirements set forth at the Change of Zone. We are committed to addressing any
further issues that may arise and to work with the Planning Department to record the final
plat.Sin�ce�relly, ,
Wit
ance Meiners
Julee Meiners
VEGETATION/WEED MANAGEMENT PLAN
The following plan is based on the recommendation of Ron Broth,
Vegetation Weed Management Specialist of Weld County Public Works.
At this time, given the current use of the land, no noxious weeds are
prevalent on the property.
In the event that Canada thistle should appear on the property, the weed will
be sprayed toward the bud stage in the early spring and again in the fall, if
necessary.
If bindweed should appear, it will be sprayed in the early flower stage and
again in the fall.
If the Dalmatian Toadflax should appear on the property, it will be spayed in
cooperation with Weld County Public Works.
If any other weeds appear, they will be sprayed according to Weld County
Public Works guidelines and recommendations.
Landscape Mara
DETAIL OF LOTS 1-5
I
Mold County Road 100
3
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99...1.•
DRAFT
Cornerstone Land Surveying, LLC
521 South 9th Street
Berthoud, CO 80613
(970) 632-1370 / FAX (970) 532-1472
Me: The Shire P.U.D.
Finial Plat
Located in the northwest 1/4 of Section 33, 1 9 N, R 67 W 6th P.11.
Weld County. Colorado.
.p.nd M. 11001.1.
sldboes: FB 10, PG7sicVoris. g".t2 of 2"r1 6-3-OJ wtc 11-2J-02 p''°�°1�' 02-0031
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4 �,
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�AMT'+yam R ACCOUNT ; ;
AMT.PAID CHECK a:17 ) ��
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-O .I�`Y ,J
Weld County Planning Department
GREELEY OFFICE
AUG 6 2003
RECEIVED
Aug 06 03 11 : 24a Meiners 970-221 -3334 p.
1
FAX LEAD
TO: Sherri Lockman
FROM: Julee Meiners
DATE: August 6, 2003
RE: Pavement Section Recommendation for Shire PU1)
Sherri,
Here is the engineered pavement recommendation required by Public Works for
recording the Final Plat. 1 will also copy this to Peter and Don over at Public Works.
Thanks,
Juice
Cc e_kr 56\6
for Co.rro\\
Aug 06 03 11 : 24a Meiners 970-221 -3334
•
•
4,0-Th
EEC i.
July 18, 2003 EARTH ENGINEERING
CONSULTANTS, INc.
Ms. Mee Meiners
713 Sitka Street
Fort Collins, Colorado 80524
Re: Pavement Section Recommendation
Meiners Shire PUD
Weld County, Colorado
EEC Project No. 1012224
Ms. Meiners:
Our preliminary subsurface exploration report for the Meiners PUD in Weld County,
Colorado was submitted to your attention on December 10, 2001. In that report
recommendations concerning development of a gravel surfaced access roadway were
provided. At this time we have been asked to prnvide recommendations concerning
construction of an asphalt surfaced roadway for the development A pavement section
recommendation is also included.
Pavement Sub rades
The near surface soils encountered at this site generally consist of low plasticity clayey sand
soils with generally low swell potential. Highly weathered sandstone bedrock was
encountered near surface in boring 8-3. It is our opinion the near surface site soils could be
used for direct support of the proposed roadway pavements.
All existing vegetation and/or topsoil should be removed from pavement areas. After
stripping and completing all cuts and prior to the placement of any fill or pavements, we
recommend the exposed subgrades be scarified to a minimum depth of 9-inches,adjusted in
moisture content and compacted to be at least 95% of standard Proctor maximum dry
density. The moisture content of the scarified materials should be adjusted to be within the
range of±2% standard Proctor optimum moisture content at the time of compaction.
CENTRE FOR ADVANCED,TECHNOLOGY
2301 RESEARCH BOULEVARD, SUITE 104
FOR,' COLLINS. COLOR4fn 9052G
(970) 224-1522 (FAX) 224-4564
Aug 0G 03 11 : 24a Meiners 970-221 -3334 p, 3
EEC. Project No. 1012224Fnnh Prm{nferiu,f(:nn6UIIani, Inc.
July 18,2003
Page 2
Fill materials required to develop the pavement subgrades should consist of approved,low
volume change materials, free from organic matter and debris. The near surface clayey sand
soils could be used for till in these areas. Fill soils should he placed in loose lifts not to
exceed 9 inches thick, adjusted in moisture content and compacted as recommended fbr the
scarified materials above.
After completion of the pavement subgrades,care should be taken to prevent disturbance of
those materials prior to placement ofthc overlying pavements. Soils which are disturbed by
construction activities or soils which become dry and desiccated or wet and softened should
be reworked in-place or removed and replaced prior to paving.
Pavements
The in-situ subgrade soils have low to moderate remolded strength. We estimate an R.-value
of 1 1 could he used for the subgrade soils. The pavement section for the site roadway was
designed based on the R-value of 1 I. We anticipate the site roadway will be used by low
volumes of automobiles and light trucks.
A recommended pavement section based on the Anrcricatt Association of State Highway and
Transportation. Officials (AASHTO) design guidelines is provided below in Table 1. An
equivalent daily loud axle(EDLA) value of 5 for the two-lane residential roadway was used
in the pavement design.
Table 1: Recommended Pavement Section
EDLA 5
Reliability 75%
K-Value 11
f)WSN (1.82)
Composite Pavement Section:
HBP (Grading S or SX) 3"
Aggregate Base (Class 5 or 6) 6"
DWSN (2.2)
Aug 06 03 11 : 25a Meiners 970-221 -3334 p. 4
•
EardiFrionceothigcmIstrnmasAnc.
EEC. f roieci No. 1012224
July 18, 2003
Page 3
The asphalt surfacing for the pavement should consist of grading S or SX materials
consistent with Colorado Department of Transportation (CDOT) requirements. Those
materials should be designed,placed and compacted in accordance with CDOT criteria. The
aggregate base should be Class S or Class 6 base.
We appreciate the opportunity to be of service to you on this project. If you have any
questions concerning this report, or if we can be of further service to you in any other way,
please do not hesitate to contact us.
Very truly yours,
Earth Engineering Consultants, Inc.
rr,n/rn1Jrr
Pr�U KEGJ iZevi . .
frilitte
p 4 . Pit.‘=
y nPJAI.FN .r Nit
Wolf von Carlowitz, P Lester L. Litton, Y.E.
Senior Project Engineer Principal Engineer
Poudre l
POUDRE VALLEY RURAL Valley EA]
ELECTRIC ASSOCIATION, INC.
P.O. BOX 272550 7649 REA PARKWAY
FORT COLLINS, CO 80527-2550 FORT COLLINS, CO 80528
Bus. Phone 970-226-1234 FAX 970-226-2123
800-432-1012 www.pvrea.com
Weld Cou , ;•,,,.,�
GRFFI Fv ft.c r
JUL ' b
July 17, 2003 RECEIV ' ►
Weld County
Department of Planning Service
Attention: Sheri Lockman
1555 North 17th Avenue
Greeley, Colorado 80631
RE: PROPERTY LOCATED IN NORTHWEST SECTION 33, TOWNSHIP 9 NORTH,
RANGE 67 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO
Sheri Lockman:
Poudre Valley Rural Electric Association, Inc. is ready, willing and
able to serve all electrical loads within our certificated service
territory subject to the Rules and Regulations of Poudre Valley Rural
Electric Association.
If you have any further questions, please call our office.
Sincerely,
erry Fielding
Engineering Representative
hhp
W:\My Documents\2003\TF\MEINERS READY ABLE LTR.doc
AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy*Partner . A
111111! 11111111111111111111111ui111111 Inn 1111 lilt
2906937 12/07/2001 01:47P JA SukiTsukamoto
1 of 2 R 10.00 D 14.80 Weld County CO
937
WARRANTY DEED
THIS DEED, Made on 11/30/01
between Richard O. Barnes and Shirley L. Barnes
0
of the County of Larimer and
State of Colorado , grantor, and
Lance E. B. Meiners and Julee K. Meiners
,/hose legal address is
13 Si 7 tka Street
Fort Collins, CO 80524
of the County of Latimer and State of Colorado , grantees:
WITNESS, That the grantor, for and in consideration of the sum of
One hundred forty eight thousand dollars and no cents
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real property, together with improvements, if any, situate, lying and being in the
County of Weld and State of Colorado, described as
follows: Lot C
Recorded Exemption No. 0453-33-2 Re3092
County of Weld
State of Colorado
as known by street and numbers: TBD WCoR 100 & 17
Nunn, CO 80648
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances .
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for
himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree
to and with the grantees, their heirs and assigns, that at the time of the ensealing and
delivery of the presents, he is well seized of the premises above conveyed, had good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same
in manner and form aforesaid, and that the same are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions
of whatever kind or nature soever, except for general taxes and assessments for
the year 2001 and subsequent years; and subject to easements, covenants,
reservations, restrictions and rights of way of record. Together with Exhibit
"A" Exceptions Continued which is incorporated herewith by mention;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns, against
all and every person or persons lawfully claiming the whole of any part thereof.
The singular number shall include the plural, the plural the singular, and the use
of any der shall be applicable to all genders.
IN OF, the rantor has executed thiiis/; eed on the date set forth above.
R chard O. Barnes Shirleyhi ��LiaU
L. rnes
STATE OF Colorado
} S.S.
County of Larimer
The foregoing instrument was acknowledged before me this
2001 by Richard O. Barnes and Shirley L. Barnes 30th day of November
Witn s my handl and official seal.
it it re 0 / m1,//�/r�/
Notary u lic / ,
153944 FSR /V)
No.921A.Rev.10-97 Warranty Deed(To Joint Tenants)
NORTH AMERICAN TITLE COMPANY
111111111111 111111111111111112 la111111111111111111
29oi937 2 R 10.00 O01 D 14.8047P JA Suki amoto
Weld County CO
EXHIBIT "A" EXCEPTIONS CONTINUED
Water Rights, or claims or title to water, whether or not shown by the
public records.
Any existing leases or tenancies.
Rights of Way for county roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1889, in Book 86 at Page 273 .
Reservation(s) as contained in Patent recorded February 2, 1903, in Book
201 at Page 401 . Said reservation(s) being as follows: "All 'Mineral
Lands' should be found to exist in the tracts described in the
foregoing, but this exclusion and exception according to the terms of
the stature shall not be construed to include coal and iron land. "
Reserving to said Union Pacific Railroad Company, its successors and assigns, (1)
all oil, coal and other minerals, within or underlying said lands; (2) the
exclusive right to prospect in and upon said land, for oil, coal and other minerals
therein or which may be supposed to be therein and to mine for and remove from said
land, all oil, coal, and other minerals therein or which may be supposed to be
therein and to mine for and remove from said land, all oil, coal, and other minerals
which may be found thereon by anyone; (3) the right of ingress and regress upon
said land to prospect for mine and remove any and all such oil, coal and other
minerals, and the right to use so much of said land as may be convenient or necessary
for the right of way to and from such prospect places or mines, and for the
convenient and proper operation of such prospect places, mines, and for roads, and
approaches thereto or for removal therefrom of oil and coal, mineral, machinery or
other material; (4) the right of said Union Pacific Railroad Company to maintain
and operate its railroad in its present form of construction, and to make any change
in the form of construction, or method of operation of said railroad all as reserved
in Deed recorded June 5, 1913, in Book 383 at Page 136.
1/2 of all oil, gas and/or other minerals as reserved by Deed recorded April 26,
1965 a Reception No. 1462073, and any and all assignments thereof or interests
therein.
An easement for communication facilities and incidental purposes granted to Nunn
Telephone Company by the instrument recorded September 23, 1980 at Reception No.
1836939.
An easement for electric lines and incidental purposes granted to Poudre Valley
Rural Electric Association by the instrument recorded May 22, 2000 at reception No.
2796646 .
An easement for electric lines and incidental purposes granted to Poudre Valley •
rural Electric Association by the instrument recorded July 16, 2001 at reception No.
2866030.
All easements and notes on the recorded map of Recoorded Exemption No. 0453-33-2 RE
3092.
File No. 153944
Barnes/Meiners
TBD WCORd 100/17
Nunn,CO 80648
Initials
ncr iun vii Vl' u`I 1 L1\LU 11.1/ Lfl .✓ v .. .J/1.v - -0- - -- -
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 045333000016
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list
of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County
Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered.
This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet
Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from
the records of the Weld County Assessor was assembled within thirty days of the applicati 's submission date:
Signature
June, 1, 1003
Date
Property_Owners Within 500 ft. of Parcel# 0453.3300001.6
NAME I MAILING ADDRESS I PARCEL IDENTIFICATION #
P O BOX 147
BOND CAROL 045332000005
KERSEY,CO 80644
8130 COUNTY RD 100
GORE BRIAN K & 045333000015
NUNN,CO 80648-9755
107-25 1/2 ST CHURCH ROAD
HAGEN DENIS D 045328000003
NEW AUBURN,WI 54757
8747 COUNTY RD 98
JUSTIN DIANA 045333000011
NUNN,CO 80648
1010 CASTLEROCK DR
KEUPER PHILIP C 045333100025
FORT COLLINS,CO 80521
7876 COUNTY ROAD 100
KUHNE COREY G & MICHELLE L 045332100009
WELLINGTON,CO 80549
49285 WELD CO RD 17
LOVETT SAMANTHA DEE & 045329000014
WELLINGTON,CO 80549
8271 COUNTY RD 98
NAUTA HENRY LEE & 045333300021
NUNN,CO 80648
8251 COUNTY RD 98
NAUTA RONALD LEE & 045333300019
NUNN,CO 80648
8308 CR 100
ROE HOWARD W& 045333000014
NUNN,CO 80648
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=045333000016&Part=045328001.. 6/2/03
1'11 l 11-/t1 vii vi UN 11L1\L.J I Lu 1_,1-11`11-/ v vv IN flak) rage z OI L
49184 COUNTY RD 17
SCHNEIDER ADRIENNE & 045328000004
NUNN,CO 80648
805 E SWALLOW RD
SHENEMAN DANIAL M & 045333300018
FORT COLLINS,CO 80525
P O BOX 273298
SORRENTI JOHN J & 045328000005
FORT COLLINS,CO 80527
7295 W 28TH AVE
TICEN JACK R 1/4 INT& 045332000006
DENVER,CO 80215
PO BOX 271112
YEAGER GREGORY ALLEN & 045333100023
FORT COLLINS,CO 80527-1112
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=045333000016&Part=045328001... 6/2/03
mews sae
Ott mad 944 ?a&Sodas
P.O. Vn 336337 (9701 352-0733
Omelet, e0 70633-0606 7ss (9701 351-0:67
LIST OF MINERAL OWNERS AND MINERAL LESSEES
(Meiners Property)
Subject Property: Township 9 North, Range 67 West. 6th P.M.. Weld County, CO
Section 33: Lot C of Recorded Exemption No. 0453-33-2 RE3092,
being a part of the NW%
Minco LLC, an oil and gas title research company, states that to the best of its
knowledge the following is a true and accurate list of the names and addresses of the
mineral owners and mineral leasehold owners having an interest in the Subject Property,
based upon the real property records of Weld County, Colorado, as verified through the
indices of Transnation Title Insurance Company of Greeley posted through January 30,
2003:
Mineral Owners Mineral Leasehold Owners:
RME Land Corp. None
Go Anadarko Petroleum Corporation
P.O. box 9149
The Woodlands, TX 77387-9147
ATTN: Manager Property and ROW
Dated this 11th day of February, 2003.
MIN LLC
By: ynthia A. . en, CPL
C ified Professional Landman#4044
n �\
REFERRAL LIST
NAME: Lance&Julee Meiners CASE NUMBER: PF-1007
REFERRALS SENT: June 18, 2003 REFERRALS TO BE RECEIVED BY: July 18, 2003
COUNTY TOWNS and CITIES
_X Ambulance Services
_X_Attomey Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
_X Sheriff's Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
_X Building Inspection Fort Lupton
Code Enforcement _Frederick
STATE Garden City
_X Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
_X Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
_Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 _Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
_X Nunn F-12 Boulder
Pawnee F-22 _X_Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-9 Greeley
Ditch Company Longmont
_X Assessor's Office-Chris Woodruff West Adams
COMMISSION/BOARD MEMBER
JUN-25-2003 11 :15 FROM- ,--.. T-922 P.002/002 F-205
'iI1s
3 e
*it 4
ti ri�� � #
igua ,;;���,°
^ eld County Referral
C. 11 0>. June 18, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review: -
Applicant Lance &Julee Meiners Case Number PF-1007
Please Reply By July 18, 2003 Planner Sheri Lockman ' -
Project Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses(The Shire).
Legal Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M.,Weld County, Colorado.
Location South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Parcel Number 0453 33 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
p We have reviewed the request and find no conflicts with our interests.
d See attached letter.
Comments:
Signature 9,i 0 6 /6-e--7 .1 n Date p 2 —C--", p -5
71,f....�e-,Agency `� .w1 6, /'tear-.0-set/+
5,\N OM County Planning Dept. 91 Pa N. inn Ave.Greeley,Go.e051t(STO)353-0100 ext.a540 TWO)304.5450 fax
Weld County Planning Department
GREELEY OFFICE
JUN 3 0 2003
RECEIVED
Weld County Referral
C. June 18, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lance &Julee Meiners Case Number PF-1007
Please Reply By July 18, 2003 Planner Sheri Lockman _
Project Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses (The Shire).
Legal Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Parcel Number 0453 33 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
— See attached letter.
Comments:Signature NL 10k" CDate -3 -CB
Agency Likki RC— 9 It(Xl UJ�
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax
August 29, 2000
Weld RE-9 School District with district offices located in Ault Colorado
has adopted a methodology to determine the in-lieu payment for
residential dwelling units sufficient to provide adequate educational
opportunities to new residential developments. The School District
Methodology has been developed in a manner so as to fairly
apportion the cost of acquiring school sites made necessary by
residential development.
The total in-lieu payment per dwelling unit is $759. Payment should
be hand delivered or mailed to Weld RE-9 School District, Box 68,
Ault, Colorado 80610. A receipt will be mailed to the party
requesting the exemption and a copy to Weld County Officials.
Please direct any questions to Dennis Scheer, Superintendent of
Schools, 209 West First Street, Ault, CO 80610.
vveld County Planning Department
GREELEY OFFICE
(itioa JUN 272003
RECEIVED
Weld County Referral
WI I PC. June 18, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lance &Julee Meiners Case Number PF-1007
Please Reply By July 18, 2003 Planner Sheri Lockman
Project Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses (The Shire).
Legal Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Parcel Number 0453 33 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature Wal40.461 Date 645/0.3
Agency WEST. GREELEY. CONSERVAtIQN PIStflb7
:Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 8O631 +(970)353-61O0 ext.354O +(970)304-6498 fax
•
Applicant: Lance a Julee Meiners
Planner: Sheri Lockman Case#: PF-1007
VJCR 700
4 \ 54
�WCR 77 C__- - - N
N
�, 3 \ \
N \
N \ \
\ _
\ \ \
\ K
\ N
\7 ) 47
/
0.4 0 0.4 0.8 Miles
/ v ' Highways
Major Roads
Local Roads N
Railroads
Plsspoly1.shp \I /
Soils - North Weld CO 1
Lakes W --447'\ E
Streams & Ditches
Floodplains S
West Greeley Conservation District
(970) 356-8097
Case Number: 'PF-1007
Applicant: Lance & Julee Meiners
Planner: Sheri Lockman
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Dwellings Small Septic Tank!Prime Farm
Map Soil Name Soil Texture Shallow without Dwellings with Commercial Absorption Land (if Additional Comments
Symbol Excavations basements
basements Buildings Fields ! irrigated)
4!Ascalon Fine Sandy Loam Severe Slight Slight Slight :Yes i
54iPlatner Loam Slight Slight (Slight Slight Severe 'Yes i
•
I I '
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
Produced by the West Greeley Conservation District
Weld County Planning Department
GREEl-Q/ OFFICE
JUL `L 1 2003
RECEIVED
Weld County Referral
mimC. June 18, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Lance &Julee Meiners Case Number PF-1007
Please Reply By July 18, 2003 Planner Sheri Lockman
Project Planned Unit Development for 6 lots with Estate Zone Uses and 1 Non-residential
lot with Agricultural Zone Uses (The Shire).
Legal Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 100 and east of and adjacent to CR 17 section line.
Parcel Number 0453 33 000016
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
5-1:eit We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date 2//�/oi)
Agency Ai/2/ yr% C�
:•Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
r
Weld County Planning Department
GREELEY OFFICE
JUL 1 4 2003
MEMORANDUM RECEIVED
To: Sheri Lockman
From: Dave Tuttle
Date: July 10, 2003
Subject: PF-1007
Please see recommendations on change of zone.
The Sheriff's Office lacks the ability to absorb any additional service demand
without the resources recommended in the multi-year plan provided to the Board of
County Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
THE SII R*, PLANNED UNIT DEVELOPMENT /2(7/1>
,
FINAL PLAN
TABLE OF CONTENTS
Final Plan PUD Application yLvit > is
l e J C
Recorded Change of Zone Plat
01
Certificate of Titlex V
County Tax Certificate
•
Conservation Easement
Improvement Agreement and Letter
Letters from Affected Services (RE-9, Sheriff, Fire, Ambulance, USPO)
Certified List of Names within 500' of Property
Certified List of Names of Mineral Owners and Lessees
Compliance Statement
Letter of Intent for Cash in Lieu for RE-9
Final Plan Map
Stamped Engineered Road Design/Drainage O
Landscape Map
Vegetation/Weed Management Plan
Utility Maps (Nunn Telephone and REA) ✓
The Shire's Homeowners' Association Proposed Bylaws and Covenants
r
From: LEE Morrison
To: I:Kes@dhr-law.com
Date: 7/29/03 4:03PM
Subject: Meiners
Kent Sutherland
Dear Kent
The documents ( reattached as transmitted by you)are satisfactory in form as far as the County Attorneys
Office is concerned.
Your client left me a phone message regarding deleting the reference to dog kennels in the Conservation
Easement. I believe that language surfaced because the conservation easement form being used as a
template involved a case where the neighbors had a specific concern regarding dog kennels. I have no
objection to allowing that language to be deleted. That does not mean, of course , that such a use is
allowed by right and further consideration by the County would be required under the terms of bullet#3.
Please contact me with any further questions
Lee
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: SHERI Lockman
��, �•,
f 04 U
Weld County Planning Department
GREELEY OFFICE
o JUL 1 6 2003
MEMORANDUM RECEIVED
TO: Sheri Lockman, Planne DATE: 14-July-2003
W O FROM: Peter Schei, P.E. i , Public Works Department
COLORADO SUBJECT: PF-1007 The i P Final Plat)
Weld County Public Works Department has reviewed final plan materials and has the following development referral
comments.
Comments
❑ The applicant shall provide a pavement design prepared by a professional engineer along with the final plat submittal.
u The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral For
Improvements (Private Road Maintenance). This agreement is currently being reviewed by Public Works and shall be
approved by the BOCC prior to recording the final plat.
Recommendation
❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat.
Any issues shall be resolved with Public Works prior to recording of the final plat:
• PC: PF-1007 The Shire PUD(Final Plat)
Email&Original: Planner
PC by Post: Applicant 4tiuit
PC by Post: Engineer fosses V
Page 1 of 1 . .
Weld County Planning Do.
GREELEY OFFICE
MEMORANDUM JUL 2 2 2003
TO: Chris Gathman, Planner II DATE: RIK � L
Public Works Department
C FROM: Donald Carroll, Engineering Administrator i�•
COLORADO SUBJECT: PZ-1007, Meiners
I have reviewed the Improvements Agreement According to Policies Regarding Collateral
(private road maintenance). All quantities associated with the transportation portion appear to
be adequate for units and unit costs.
I have contacted Dennis Messner, the applicant's engineer. Since this proposed PUD is going
to be paved, the applicant has requested that the County take it for maintenance, as it will be
built to County standards. I sent an Improvements Agreement to Dennis Messner reflecting
public road maintenance.
Once this is completed and returned, please resubmit for verification prior to scheduling for any
collateral approval by the Board.
pc: Peter Schei, Public Works
PZ-1007
M:\PLANNING\PF-5
Memorandum
TO: Sheri Lockman, W.C. Planning
WlipeDATE: July 21, 2003
FROM: Pam Smith, W.C. Department of Public f
COLORADO Health and Environment \ hi
)j
CASE NO.: PF-1007 NAME: Lance & Julee Meiners/The Shire
The Weld County Health Department has reviewed this final plat application. The application was
previously reviewed under PZ-1007. The final application is for a 6 PUD with 1 non-buildable (40 year)
agricultural lot. The six residential lots will range in size from 4 to 6.4 acres and each will be served by an
individual well and septic system. The minimum lot size is 4.0 acres with an overall density of one septic
system per 22.5 acres does meet current Department policy.
It is noted that the submitted final plat does not include any notes and the preliminary construction plans
have general notes only.
The application was approved with the following Department recommended conditions being placed as
notes on the plat:
1. Water service shall be obtained from individual wells.
2. A Weld County septic permit is required for each proposed septic system, which shall be
installed in according to the Weld County individual sewage disposal system regulations.
Each septic system shall be designed for site-specific conditions, including,but not limited to:
maximum seasonal high groundwater, poor soils, and shallow bedrock.
3. If required, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment. Silt
fences shall be maintained on the down gradient portion of the site during all parts of the
construction phase of the project.
4. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request of the
Weld County Health Department, a fugitive dust control plan must be submitted.
5. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions.
6. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration,the responsible party shall prepare a fugitive dust control plan,submit an
air pollution emissions notice, and apply for a permit from the Colorado Department of Public
Health and Environment.
7. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall
be placed on any recorded plat.
O:\PAM\PLANNI NG\FinalPlan\pf-1007.rtf
a DEPARTMENT OF PLANNING SERVICES
- KitPHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17T7T H AVENUE
GREELEY, COLORADO 80631
lURe
COLORADO
June 18, 2003
Lance &Julee Meiners
713 Sitka Street
Ft. Collins, CO 80524
Subject: PF-1007- Request for approval of a Planned Unit Development for 6 lots with Estate Zone
Uses and 1 Non-residential lot with Agricultural Zone Uses (The Shire) on a parcel of land
described as Lot C of RE-3042; being part of the NE4NW4 Section 33, T9N, R67W of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for
Thursday, July 10, 2003, at 10:00 a.m. This meeting will take place in the Weld.County Planning
Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado.
•
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one sign will be posted in the most prominent place on the property and post a second sign
at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Utilities Advisory Committee. It is the responsibility of the applicant to contact the
Department of Planning Services office a few days before the date of the hearing to obtain that
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Sincerely, thi
Sheri Loc<man
Planner
SHERI Lockman Re The Shire
Page 1 .
From: Peter Schei
To: SHERI Lockman
Date: 8/15/03 9:53AM
Subject: Re: The Shire
The pavement design is approved.
>>> SHERI Lockman 08/12/2003 11:59:24 AM >>>
I have the new"Public" improvements agreement. I will send a copy in the mail for your approval. They
have submitted a pavement design per your request. Have you okd it?
CC: Peter Schei
SHERI Lockman FW: Good 'iffernoonl reviewing a final plan fora cluster PUD.Lance and Julee Meiners are the aJge 1
From: "Williams, Joanna" <Joanna.Williams@dwr.state.co.us>
To: <slockman@co.weld.co.us>
Date: 8/20/03 12:53PM
Subject: FW: Good afternoon. I am reviewing a final plan for a cluster PUD.Lance and Julee
Meiners are the appli
Good afternoon Sheri,
I spoke with loana Comanciu in our office, and she has worked with the applicant to resolve the issues.
Thanks
Joanna
Original Message
From: SHERI Lockman [mailto:slockman@co.weld.co.us]
Sent: Thursday, August 14, 2003 11:13 AM
To: Rein, Kevin
Subject: Good afternoon. I am reviewing a final plan for a cluster
PUD.Lance and Julee Meiners are the appli
Good afternoon. I am reviewing a final plan for a cluster PUD. Lance and Julee Meiners are the
applicants. It is located in NE4 NW4 33-9-67. You were mailed the case labeled PF-1007. Your change of
zone comments ( PZ-1007) indicated some concerns. I am fairly certain that the concerns have been
addressed, but would really appreciate it if you could also check. Thank you.
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION OF PROTECTIVE COVENANTS is made this t 1 day of
p•�I�US , 2003, by Lance and Julee Meiners, declarants. _
RECITALS
Declarants own real property in Weld County, Colorado, described on Exhibit A (the
"Property"); and
Declarants desire to establish standards covering the use and occupancy of the individual Parcels
on the Property. These Protective Covenants are established to insure the lasting beauty, value,
and enjoyment of such Parcels and the Agricultural Lot.
DECLARATION
NOW, THEREFORE, Declarants publish and declare that in addition to the ordinances of Weld
County, Colorado, the following terms, covenants, conditions, restrictions, reservations,
limitations, uses and obligations are established as Protective Covenants for the benefit of
Declarants, the Owners of the Parcels, and the owners of the Agricultural Lot. These Protective
Covenants shall be both a burden and benefit to the Parcels for the benefit of Declarants, the
Owners of the Parcels, the owners of the Agricultural Lot, their respective heirs, personal
representatives, grantees, successors, or assigns.
Membership in the Association shall be an appurtenant to ownership of a Parcel and may not be
separated from such ownership. Membership shall pass by operation of law upon the sale or
other transfer of any Parcel subject to these Declarations. Voting rights in the Association shall
be exercised in accordance with these Protective Covenants and the Articles of Incorporation and
Bylaws of the Association. Voting rights shall be based upon Ownership Units. Each
Ownership Unit shall have one vote on matters brought before the members of the Association.
When more than one person or entity is a record title Owner of a parcel, each Owner shall be a
member of the Association; however, even if there are multiple Owners, there shall be only one
vote with respect to each Ownership Unit. Fractional voting will not be allowed.
The Association shall be responsible for collecting and disbursing assessments and administering
and enforcing the Protective Covenants established by this Declaration.
DEFINITIONS
"Access Street" means Shire Road as set forth on the Final Plat recorded in the real property
records of Weld County, Colorado on , 2003 at reception number
(the"Plat").
"Parcel"means each of parcels I through 5 of the .- nerty that constitutes the
Development described on the Plat. The rermn _ arcei" does not include the Agric': _-al Lot.
"Agricultural Lot" means the parcel of approximately 103.42 acres that is dedicated to satisfying
the requirement for this type of development. It will remain agricultural and is prohibited from
residential development for a period of 40 years from the approval of the Final Plat.
"Association"means The Shire's Association, Inc., the non-profit corporation formed by
Declarants to maintain any improvements within or related to the provisions of these Protective
Covenants.
"Owner"means the record Owner or Owners, whether one or more persons or entities, of any
Parcel. The term "Owner" shall not include the owner of the Agricultural Lot unless specifically
so stated.
"Ownership Unit"means the single voting rights per parcel regardless of the number of record
Owner(s).
PROTECTIVE COVENANTS
Land Use and Building Type. No Parcel shall be used for any purpose other than as a location
for one single family residence or accessory buildings and structures. All buildings and
structures will be contained within the building envelopes as shown on the Plat. All one-story
residences shall have a minimum of 1,600 square feet. All two-story residences shall have a
minimum of 2,200 square feet. Square footage shall include enclosed floor area and exclude
carport, garage or open porches. Any basement area that is more than 70%below ground level
shall be excluded from the calculation of square footage and from the determination of the
number of stories in a residence. No buildings other than the single-family residence and
accessory buildings or structures described above shall be erected, placed, or permitted to remain
on any Parcel.
Temporary Residence. No temporary residence structures shall be permitted. No trailer, motor
home, tent, camper, basement or accessory building may be used on a Parcel as a temporary or
permanent residence.
Refuse and Rubbish. Refuse, rubbish, garbage, trash, and other wastes shall be kept within
sealed containers and shall not be allowed to accumulate on any Parcel. All refuse or waste
containers shall be kept in a neat, clean, and sanitary condition. All refuse, rubbish, garbage, and
trash shall be disposed of in a sanitary manner, off of the Parcel. No Parcel nor any driveway,
access, or easement area shall be used as a dumping ground for any waste or rubbish.
Nuisance. No activity which may constitute a nuisance shall be permitted on any Parcel. Pets
not restricted to the confines of an Owner's Parcel shall be considered a nuisance. There shall be
no persistent loud or excessive noises which interfere with the right of the Owners of adjoining
parcels to the quiet enjoyment of their Parcels. No firearms may be discharged on the Parcels.
Machines, farm implements, tractors, trailers, campers or other equipment and inoperative
automobiles which are on a Parcel for 90 days or more and are readily visible from the outside of
the Parcel shall be deemed a nuisance. Each Owner shall provide storage buildings, with
approved building permits, or Association approved fencing for such equipment.
Fences. Each Owner ,;hall erect in(' maintain a three- .il enca al n2 the Perimeter id each
Parcel That adjoins the _ c ss Street. .his rc ce .aail nu.ct _r; .nkh Parcel and. anc nr ..
ir: _ to hail ''e 1 _ _rnac _.
fences maybe installed and maintained by Owners, at their own expense, on individual Parcels
with the approval of the Association. No fence around or along the perimeter of any Parcel shall
be erected using barbed wire, chain link or metal panels. No privacy fence or hedge shall extend
the entire length of any side of any Parcel, but an Owner may erect a segment of privacy fencing
or hedge to obstruct the view of the residence from the residences on other Parcels. All posts on
any perimeter fence shall be treated, wood posts. Smooth wire, electric wire and woven or sheep
wire may be used for perimeter fences except for the perimeter adjoining the Access Street.
Lights. Small exterior lights near the entrances to the residence and at ground level along the
driveways and sidewalks shall be permitted. Exterior lighting that is designed or allowed to
remain on from sundown to sunrise shall be permitted at the approval of the Association.
Animals. Large animals such as, but not limited to, horses, cattle, sheep, goats, llamas, and
alpacas which are kept for recreational or hobby purposes, but not commercial purposes, shall be
permitted. Small domestic pets such as, but not limited to, dogs, cats, fowl kept for recreational
or hobby purposes shall be permitted on all Parcels. Stocking rates must be in compliance with
current Weld County and State regulations. Animals shall be under control so as to not be a
nuisance to other Owners or the owners of the Agricultural Lot and shall be provided adequate
maintenance, food and shelter. Pets not restricted to an Owner's Parcel shall be deemed a
nuisance. Any dog that regularly barks continuously for more than fifteen minutes outside of an
enclosed building shall be deemed a nuisance.
Drainage Pattern. Declarants and all Owners shall be prohibited from constructing or storing
anything in any drainage easement depicted on the Plat or in any way disrupting or changing the
drainage pattern as initially designed and installed on the Property per the County approved
storm water drainage plan.
Driveways. All driveways providing access from the Access Street to the interior of a Parcel
will be installed in a location approved by the Association. The area of the driveway within the
Access easement shall be properly compacted and shall have a driving surface containing
adequate road base consistent with the Access Street. The Association will not maintain
individual Parcel driveways.
ASSESSMENT AND ENFORCEMENT
Obligation for Assessment. Declarants establish as a covenant governing each Parcel,
responsibility on the part of each Owner to pay all assessments imposed by the Association to
meet the Association's improvement or maintenance expenses. Each Owner,by acceptance of
Parcel ownership shall be bound by this covenant and agrees to pay all assessments imposed by
the Association. There shall be one assessment per Parcel. Assessments shall be established by
the Association at its annual meeting, to be held in the month of January of each year,
commencing with the year 2004. Assessments are payable within sixty days following mailing
of a Notice of Assessment or at such other intervals as may be set by the Association from time
to time. The Association shall prepare and mail a statement for each assessment to the record
title Owner of each Parcel. Assessments shall be a personal obligation of each person or entity in
record title to a Parcel as well as a lien upon the Parcel assessed. Assessments may be collected
by an action of law against the Owner(s) or through orectosu,e.
Assessments shall 7e ,ased upon :he s I1 `cuLirLnlents -C' prevme tor +
:131_-_ rance i F _. lent _._ 1s. —le your.: lc' " 'l,
owner shall be determined by dividing the total amount of the assessment by the number of
Parcels. The resultant amount shall constitute the assessment per Parcel.
Notice of Lien/Foreclosure. All payments are to be made to the Association. Unpaid
Assessments shall bear interest at the rate of 12% per annum, compounded annually, until paid.
If any person or entity liable for an Assessment shall fail or refuse to pay an Assessment when
due, the Assessment will constitute a lien on the real property titled to such Parcel. The
Association may record a Notice of Lien and enforce collection of such lien by foreclosure. The
lien shall attach from the date of recording. The lien of the Association shall be prior to all other
liens and encumbrances, recorded or unrecorded, affecting the Parcel, except: (a) taxes, special
assessments, and special taxes levied by any political subdivision or municipal corporation of the
state; (b) other state or federal taxes which are a lien on the Parcel and which have a priority by
law over all other recorded encumbrances; and (c) the lien of a mortgage or deed of trust of
record prior to the recording of the lien of the Association.
To evidence such lien for unpaid assessments, the Association shall prepare a written Notice of
Lien setting forth the amount, the name and mailing address of the record Owner(s) of the Parcel,
and the legal description of the Parcel. The Notice of Lien may be signed by the president of the
Association or the Association's attorney and shall be recorded in the office of the Weld County,
Colorado Clerk and Recorder. The Association shall send a copy of the Notice of Lien to each
mortgagee of record. The lien may be enforced by an action in foreclosure commenced within
two (2) years following recording of the Notice of Lien. A mortgagee may, but shall not be
required to, pay any unpaid Assessments. Whether or not foreclosure proceedings are
commenced, the record Owner(s) of the Parcel shall be required to pay the amount of any
delinquent assessment, interest, fees incurred by the Association for preparing and filing the
Notice of Lien, and all costs and expenses of the foreclosure proceedings, including attorney fees
and court costs. The delinquent record Owner(s) of a Parcel shall continue to be obligated to pay
any Assessments which become due and owing during the period of the foreclosure. In
connection with any foreclosure proceedings, the Association shall be entitled to the appointment
of a receiver, without notice and without the posting of a bond. The Association may bid on the
property at the foreclosure sale and may acquire, hold, lease, mortgage, or convey any Parcel
acquired through foreclosure.
RENEWAL AND TERMINATION
These Protective Covenants shall be in effect for a period of 40 years from the date these
Protective Covenants are recorded. After 40 years, these Protective Covenants shall
automatically renew for additional terms of ten (10) years each unless 70% or more of a group
consisting of the Owners and the owner of the Agricultural Lot shall elect, in a written document,
recorded in the office of the Clerk and Recorder of Weld County, Colorado, to terminate all or
any part of the Protective Covenants as of the end of any such period. In no event shall these
Protective Covenants terminate before the date that is 40 years from the date these Protective
Covenants are recorded without the written consent of the Board of County Commissioners for
Weld County, Colorado.
AMENDMENT
With the written consent the owner of the .\Q-ricultural Lot. 'hese Protective Covenants may
HHe -..tE d. iG 'w Hol 'or m ..art. Lt LU:r, ❑rite D` die 'vote the O_Iw hers ^_ six:v nereent (6('o) of
l:e 'ar . _. iniendrr_•t 'rication .ell I-e . _ -tirttten document. ' led in the
office of the Clerk and Recorder for Weld County, Colorado. Notwithstanding anything in this
section to the contrary, no amendment shall relieve the Owners or the Association of the
responsibility to maintain the common elements of the development on the Property without the
written consent of the Board of County Commissioners for Weld County, Colorado.
IN WITNESS WHEREOF, the said Declarants have executed this Declaration of Protective
Covenants the day and year above written. _
lithe, r i I cr A tan n )
DE RANTS
The foregoing instrument was acknowledged before me this I I day of
2003,by Lance E.B. Meiners and Julee K. Meiners.
Witness my h d official seal
ic)j30 Yin , ASniCtilL -
My commission expires: )d )q
ao p
EXHIBIT A
TO
DECLARATION OF PROTECTIVE COVENANTS
(Description of Planned Unit Development, The Shire)
A tract of land situate in the Northwest Y of Section 33, Township 9 North, Range 67 West of
the 6tb P.M., Weld County, Colorado which bears North 87'13'13" and with all bearings
contained herein relative thereto is contained within the boundary lines which begin at the
Northwest corner of said Section 33 and run thence along the west line of the said Northwest Y
S00* 02' 45"E 1367.64 feet; thence S00*01'28" 1367.08 feet; thence S88*00'29"E 2681.70
feet; thence N00*47'48"W 2699.80 feet; thence N87*13'13"W 992.83 feet; thenceS00*30'12"E
1356.86 feet; thence N87*37'23"W 999.38 feet; thence N00*12'45"W 1363.52 feet; thence
N87*13'13"W 661.67 feet to the point of beginning, containing 134.94 acres more or less and
being subject to all easements and rights-of-way in place or are now of record or are shown on
this plat.
BYLAWS
OF
THE SHIRE'S HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I: OFFICES
The initial principal office of the corporation shall be at a location designated in the Articles of
Incorporation. Thereafter, the principal office shall be designated by the current president. The
principal office shall be located within Weld County, Colorado.
ARTICLE 2: MEMBERS
2.1 Annual Meeting. The annual meeting of the members shall be held during the month of
January at a time and location, within Weld County, Colorado, to be determined by the
President of the Association, beginning with the year 2004. Failure to hold the annual
meeting as designated shall not affect the validity of any corporate action taken nor effect
a dissolution of forfeiture of the corporation.
2.2 Special Meetings. Special meetings of the members may be called by the President for
any purpose. Special meetings shall be called by the President at the request of not less
than twenty-five percent (25%) of the members of the corporation entitled to vote at the
meeting.
2.3 Place of Meetings. The President may designate a location within Weld County,
Colorado, as the place for any annual meeting or special meeting called by the President.
2.4 Meetings by Telecommunication. Any or all members may participate in an annual or
special meeting by any means of communication by which all persons participating in the
meeting may hear each other. A member participating in a meeting through
telecommunication is deemed to be personally present.
2.5 Notice of Meetings. Notice stating the date, time and place of the meeting, and, in the
case of a special meeting, the purpose for which the meeting is called, shall be delivered
to each member of record entitled to vote at such meeting not less than ten nor more than
60 days before the date of the meeting. Notice shall be in writing and shall be provided
by (a) United States mail addressed to the member's current address as shown on the
corporation's records, (b)by private carrier or express delivery company, (c) by personal
delivery, or (d)by telegraph, teletype, or electronically transmitted facsimile. Notice
shall be deemed given three (3) days following the date mailed or sent pursuant to (a),
(b), and (d) or when received pursuant to (c). Notice shall be given at corporate expense.
A written waiver of notice may be signed by the member entitled to such notice whether
signed before, at, or after the date or time stated in the waiver. All such written waivers
of notice shall be filed with the corporate records. Failure to comply with the bylaw shall
not invalidate any action taken at an annual or special meeting at which a quorum is
present and voting.
C Using Jt :ransier 30oKs ''i Record Date. for the purpose deterrnininlz
member entitle a o aoi'cc or to . ore tt ir.; a the members or "a or. er•o " ,h
the membership record books shall be closed for any stated period not exceeding 50 days.
Alternatively, the President may fix in advance a date as the record date for determination
of eligible members, which date is not more than 50 nor less than 10 days prior to the
date on which the particular action requiring the determination of members is to be taken.
When a determination of members entitled to vote at any meeting of members has been
made as provided in this section, the determination shall apply to any adjournment of the
meeting.
2.7 Voting Record. At least ten days before each meeting of members, the officer or agent
having charge of the membership record books shall make a list of the members entitled
to vote at the meeting, arranged in alphabetical order. The list shall reflect the address of
each member. The list shall be kept on file at the principal office of the corporation and
shall be open to inspection by any member during usual business hours. The list shall
also be produced and kept open at the time and place of the meeting and shall be subject
to inspection by any member, member's agent, or attorney for any purpose germane to
the meeting during the whole time of the meeting or any adjournment. The original share
membership record books shall be prima facie evidence as to the identity of the members
entitled to examine the membership record books or to vote at any meeting of members.
Failure to comply with this section shall not invalidate any action taken at any meeting.
2.8 Membership. Membership in the Association shall be appurtenant to and may not be
separated from ownership of a parcel of real property described on the Plat, as that term
is defined in the Declaration of Protective Covenants for The Shire's Owners'
Association, Inc. recorded in the Office of Weld County, Colorado Clerk and Recorder(a
"Parcel"). The Agricultural Lot, as that term is defined in the Declaration of Protective
Covenants for The Shire's Owners' Association, Inc. recorded in the Office of Weld
County, Colorado Clerk and Recorder, shall not be considered a Parcel for purposes of
these bylaws. There shall be one Ownership Unit for each Parcel. Voting rights shall be
based upon Ownership Units. Each Ownership Unit shall have one vote on matters
brought before the membership of the Association. When more than one person or entity
is a record title Owner of a Parcel, each Owner shall be a member of the Association;
however, even if there are multiple Owners, there shall be only one vote with respect to
each Ownership Unit. Fractional voting will not be allowed.
Upon transfer of ownership of a Parcel, the member effecting such transfer shall advise
the President of the Association of such fact. The Association may charge a fee, not to
exceed $50, for such transfer. At the time of transfer, the President shall provide the
transferring member with a statement of the current assessment amount and may collect
from the transferring member or the transferee any current assessments outstanding.
2.9 Quorum/Majority Vote. A majority of the outstanding Parcel owners entitled to vote,
represented in person or by proxy, shall constitute a quorum at a meeting of members. If
a quorum is present, the affirmative vote of a majority of the Parcels represented at the
meeting and entitled to vote on the subject matter shall be the act of the members. Once
a quorum has been established so that the meeting is duly organized. the members present
may continue to transact business until adjournment, notwithstanding 'he withdrawal of
enough members to leave less than a quorum.
In the election of a President, the candidate for President receiving the highest number of
votes cast in favor of his/her election is elected, even if a candidate did not receive a
majority vote for the position.
2.10 Adjournment. If less than a quorum of the outstanding of the outstanding Parcel owners
entitled to vote are represented at the commencement of a meeting of the members, a
majority of the Parcel owners so represented may adjourn the meeting for a period not to
exceed 60 days for any one adjournment, without further notice being required. At an
adjourned meeting at which a quorum is represented, any business may be transacted
which might have been transacted at the meeting as originally noticed.
2.11 Proxies. A member may vote by written proxy executed by the member or by the
member's duly authorized attorney in fact. All proxies must be filed with the President
of the corporation before or at the time of the meeting. No proxy shall be valid more than
11 months from the date of its execution , unless specifically provided in the proxy.
2.12 Voting of Parcel Owners. All Parcels must be owned by members in their own right. No
Parcel held by the corporation in treasury or in a fiduciary capacity shall be voted at any
meeting or counted in determining the total number of outstanding Parcels at any given
time.
Parcels standing in the name of another corporation may be voted by such officer, agent,
or proxy as the Bylaws of such corporation may prescribe, or in the absence of such
provision, as the Association of this corporation may determine.
Parcels held by an administrator, executor, guardian, or conservator may be voted by
such fiduciary, either in person or by proxy, without a transfer of the ownership units into
the name of the fiduciary. Parcels held by a trustee may be voted in person or by proxy,
but no trustee shall be entitled to vote prior to transfer of the Parcel into the name of the
trustee or the trust itself.
Parcels standing in the name of a receiver may be voted by the receiver, and Parcels held
by or under the control of a receiver may be voted by the receiver without transfer into
the receiver's name if authority to do so is contained in an appropriate order of the court
by which such receiver was appointed.
A member whose Parcel is pledged shall be entitled to vote until the Parcel has been
transferred into the name of the pledgee, after which time the pledgee shall be entitled to
vote.
Parcels standing in the name of two or more persons (i.e. registered in the names of joint
tenants or tenants in common or in the name of a partnership or multiple persons in a
fiduciary capacity) shall be voted as follows:
(a) If only one person votes, such vote shall be binding;
(b) If two or more persons vote, the act of the majority shall be binding;
2.13 Informal Action by Members. Any action required or permitted to be taken at a meeting
fthe members may he taken •.vithout a maetin I 2n" ettin= 'nrth 'he
subject matter. Written consents may be signed in counterparts. The effective date of the
action taken may be any date specified in all the written consents. Written consents shall
be filed with the corporate records. The consent shall have the same force and effect as a
unanimous vote of the members and may be stated as such in any document filed with the
Secretary of State.
ARTICLE 3: OFFICERS &AGENTS _
3.1 General. The officers of the corporation shall be President and Treasurer. The
Association may appoint such other officers, including assistant officers and agents as it
may consider necessary. All such persons shall be chosen in the manner and hold their
offices under the terms and conditions and with such authority and duties as may be
determined by the Association. No salaries shall be paid any officer. Any one person
may hold any two or more offices.
All officers must be natural persons of the age of eighteen years or older.
3.2 Election and Term of Office. The officers shall be elected by the Association at the
annual meeting. If the election of officers is not held at such meeting, the election shall
be held as soon as practicable. Failure to effect annual election in accordance with this
Bylaw shall not invalidate the authority of any officer.
3.3 Resignation. Any officer may resign at any time by giving written notice to the President
or the corporation. Such resignation shall take effect at the time specified in the notice.
The Associations acceptance of such resignation shall not be necessary to make it
effective. Notice of resignation may also be provided by the officer to the Secretary of
State.
3.4 Removal. Any officer may be removed by the Association at any time, with or without
cause.
3.5 Vacancies. A vacancy in any office,however occurring, may be filled by the Association
for the remaining portion of the term.
3.6 President. The President shall be a director of the corporation. The President shall have
general and active control of the corporate business and general supervision of its
officers, agents, and employees, and shall preside at all meetings of the members.
Treasurer. The Treasurer shall be the principal financial officer of the corporation and
shall have the care and custody of all funds and other intangible property of the
corporation and shall invest, manage or deposit the same in accordance with the
instructions of the Association. The Treasurer shall:
• Receive and give receipts for moneys paid to or for the account of the corporation
and pay out of funds on hand all bills, payrolls, and other debts of the corporation.
• Have other powers and perform other duties as may be prescribed by the
Association or President
• Perform all other duties incident to the office of the Treasurer.
• Upon request, make such reports to the Association as may be required.
ARTICLE 4: MISCELLANEOUS
4.1 Fiscal Year. The fiscal year of the corporation shall be a calendar year.
4.2 Amendments. The Association shall have power to make, amend and repeal the
corporation's Bylaws at any regular meeting or at any special meeting called for that
purpose. _
The undersigned officer of the corporation p�� certifies that these Bylaws were adopted by the
corporation on the \ 1 day of k9iS 2003.
Mct ///. t-44
Lance einers, President
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