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Home My WebLink About20030998.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax# (970) 304-6498 MINOR SUBDIVISION FINAL PLAT APPLICATION SITE SPECIFIC DEVELOPMENT PLAN 0C `h '' PC SO0rr� r{IISlo3 App. Ch'd By: Case Number: App. Fee: Receipt Number: Record. Fee: Receipt Number: Planner Assigned to Case: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County,Colorado: LEGAL DESCRIPTION: Lot A RF A4 13)1- 0?- ?- a 2812 In VIII Su 2, T2NJ i 7k/ (If additional space is required, attach an additional sheet) NAME OF PROPOSED MINOR SUBDIVISION: /IWO PAW EXISTING ZONING Estate TOTAL AREA(ACRES) 3y, '790 NUMBER OF PROPOSED LOTS 6 LOT SIZE: AVERAGE 5, 29C MINIMUM y. 213 OVERLAY DISTRICTS Aloe t ��// y / ¢ UTILITIES: Water: Name: Ceitca *4h Gaol% Water Paid Sewer: Name: IA�? luldlual cS&Wef BIS/'Osal 5ySt8tfS Gas: Name: Kce Electric: Name: unit, Pokiet Phone: Name: q1/West { { { DISTRICTS: School Name: nlP 9 Gaily Schott IS//!C/ tt-/ Fire: Name: Pq evlllf Air Pro c7rin District PROPERTY OWNERS OF MINOR SUBaVISpN FINAL PLAT AREA: Name: Sieve kle and Loci alltn Tc/n Phone: (303) 6/9 -�o1f Address: 6909 Shnrnsn loud I-aaland, Ca 80138 Name: Phone: Address: APPLICANT OR AUTHORIZED AGENT (if different than above). Name: JTtf{0w W- Oucli PE 0o TE9M in ter P one: 0970) 83/ - 9977 Address: 3y 6Q aw an /i,/( Za7/1411 C0 Fa 52F I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. iCIA ignature: Owner or Authorized Agent Revised: 5/21/01 7 28 2003-0998 re-Ni Summary of Concerns Several adjustments were made to the Moorea Manor Subdivision based on comments received during the review process as follows: 1. Weld County School District RE1 The cul de sac at the west end of Harpenden Lane was increased to facilitate bus turning movements. The developer has agreed to pay cash-in-lieu of payments as requested by the School District prior to issuance of building permits. 2. Street Names Street names were approved by the Post Office and Sheriffs Department. 3. Central Weld County Water District A water extension agreement was completed with the Water District to facilitate construction of water main. 4. Irrigation District A crossing agreement was completed with the Lupton Bottom Ditch Company to facilitate the driveway and utility extensions for lot 6. 5. Public Works Harpenden Lane was moved from the south edge of the site to the north edge of the site to facilitate the future modifications to the intersection of Weld County Roads 21.5 and 24.5. 6. Encana—Mineral Owner Meetings were held with Encana to review access, location of gas collection lines, well locations,future well modifications and buffering criteria. 7. United Power,Qwest,Xcel Service Agreements have been provided for each utility provider. A meeting to review access i^ points,easements and service locations was completed on-site. n n 8. Fort Lupton Post Office Mail boxes will be provided for each lot along the east side of Weld County Road 21.5. This conforms to the existing mail delivery pattern currently established by the Fort Lupton Post Office. 9. Platteville Fire Prevention District A fire hydrant will be provided at the end of the cul de sac and at the southwest corner of Harpenden Lane and Weld County Road 21.5. r Description of the Type of Uses Moorea Manor is proposed as six (6) single family residential parcels. Residential structures with garages and ancilliary buildings as allowed by the Weld County Code will be constructed on the property. Number of Lots Proposed Six (6)residential lots are proposed as part of this subdivision. Proposed Circulation System A local street to be known as Harpenden Lane will be constructed as part of this subdivision. Harpenden Lane is designed as a local street with a twenty-six (26) foot wide aggregate surface located within a sixty (60) foot right-of-way. The roadway is intended mainly for vehicular circulation but will also be the primary facility for the limited pedestrian and bicycle traffic anticipated in this area. Sidewalks, pavement, curbs, turnouts, accel lanes, decel lanes and parking areas are not proposed as part of this development. Harpenden Lane is a one thousand five hundred (1,500)foot cul-de-sac connected to Weld County Road 21.5. The cul-de-sac radius has been increased to forty-five (45) feet at the request of the school district to accommodate a school bus turn around area. The proposed development will generate less than sixty(60)vehicle trips per day. Land Ownership,Function and Maintenance All land area within the proposed subdivision will be residential parcels or dedicated right-of-way for Harpenden Lane and Weld County Road 21.5. Individual residential parcels will be maintained by individual homeowners. The Harpenden Lane right-of-way will be maintained by the Moorea Manor Homeowner's Association. There are no public parcels other than road right-of-way dedicated with this development. Water Supply Domestic water service and fire flows are being provided by the Central Weld County Water District. The District determined that adequate service could be provided to this development via extension of a 10°water main in Weld County Road 21.5. All on-site water mains will be 8°. Two fire hydrants are located within the development. A line extension agreement has been completed between the District and Developer. n n r Sewage Disposal System Sanitary sewer facilities will be provided by individual sewage disposal systems provided on each lot. Preliminary percolation tests indicate favorable soil conditions for this type of system. Franchise Utility Suppliers Gas: Excel Telephone: Qwest Electric: United Power Service Agreements have been completed with each of the utility suppliers. Covenants Covenants have been prepared for this development. Irrigation An agreement has been completed with the Fort Lupton Bottom Ditch Company relating to the driveway crossing and utility crossings for lot 6. Private irrigation laterals have been maintained to facilitate the irrigation of individual lots. CDOT Access Permit A Colorado Department of Transportation (CDOT) access permit is not necessary for this development. State Highway facilities are not located in this area. Access to this development is provided via Weld County Road 21.5. Subdivision Improvement Agreement A Subdivision Improvement Agreement is not required for this development. Off-Site Road Improvement Agreement Improvement to off-site roadways is not required. An Off-Site Road Improvements Agreement is not necessary. r^ n r1 Compliance with Weld County Code This development is in compliance with Weld County Code, Chapter 22. The proposed residential use is consistent with the estate zoning approved for the development. Preservation of Prime Agricultural Land This area is not located within areas designated as Prime Agricultural Land. Due to the size of the parcel and type of soils in the area,the parcel has not been farmed in several years. Public Water Supply Water supply of quality, quantity, and proven dependability for both domestic and fire uses will be provided by Central Weld County Water District. The proposed water system will be built by the District in compliance with its approved Standards and Specifications. Sewage Disposal System The proposed sewage system will be comprised of Individual Sewage Disposal Systems (ISDS)on individual lots. Preliminary percolation tests indicate that the soil in this area is adequate for this es* type of systems. All systems will be permitted and built in compliance with Weld County Department of Health Guidelines. Topographic and Soil Conditions Soil and Topographic conditions within this development do not represent hazards or require special precautions based on the Geological Hazard Report prepared by Church &Associates, Inc. Street Classification The proposed development will generate less than sixty (60) vehicular trips per day. This is consistent with the local street standards proposed for Harpenden Lane. Off-Site Street Facility Access for this development will be provided by the connection of Harpenden Lane to Weld County Road 21.5. Weld County Road 21.5 is classified as a collector and is adequate to convey the proposed traffic. r f ea) Interim Road Responsibility The initial construction of Harpenden Lane will be the responsibility of the Moorea Manor developer. The responsibility for surface maintenance, snow removal, mowing, culvert crossings and overall maintenance of Harpenden Lane will be the responsibility of the Moorea Manor Homeowner's Association. Contiguity The Moorea Manor Subdivision is not part of or contiguous to a previously recorded subdivision or unincorporated townsite. Street Access The Harpenden Lane connection to Weld County Road 21.5 will be the only approved access for this development. No other access to a public facility is created as part of this project. Interim Circulation Access to the lots created as a part of this development is provided only from Harpenden Lane. Drainage System A drainage system has been included as part of this development to adequately convey stormwater throughout the subdivision. This system is comprised of roadside swales, irrigation / drainage swales and roadway culverts. Number of Lots Six(6)lots are proposed as part of this subdivision. Ability to Provide Services The development of this subdivision has been reviewed by the appropriate fire, ambulance, postal, law enforcement, school, water and conservation districts governing this area. Also, municipalities within three miles of this development have reviewed the adequacy of this project. All comments and concerns forwarded by the districts have been addressed in the development of the project. All districts have expressed their ability to provide service to this development. Loveland STEWART TITLE Greeley 3850 N. Grant Ave. MAIN OFFICE AND TITLE PLANT 3459 W. 20th Street Loveland, CO 80538 3665 John F. Kennedy Parkway Suite 222 (970) 669-4071 Building 2, Suite 300 Greeley, CO 80634 Fax(970) 669-4078 Fort Collins, CO 80525 (970) 356-5573 (970) 226-4399 Fax (970) 356-7058 Title Fax (970) 282-0822 Escrow Fax (970) 226-4499 January 10, 2003 ORDER NO. 200375765 RE:/KLEN TEAM ENGINEERS 3468 SHALLOW POND DR. FORT COLLINS, CO. 80528 ATTENTION: JEFF COUCH Original In connection with the above Order No. we are transmitting the following: Title Commitment XX Endorsement Policy Tax Certificate _ Copies THANK YOU for your "Title Insurance and Escrow Closing" business! Please specify "STEWART TITLE SERVICES" in the future! If you have any questions regarding this commitment, please call-- EXAMINER: BECKY WATTS SCHEDULE A Order Number: 200375765 Effective date: December 19, 2002 at 7:45 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 10-17-92 $ Proposed Insured: (b) A.L.T.A. Loan 10-17-92 $ Proposed Insured: (c) A.L.T.A. Loan 10-17-92 $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: STEVE KLEN AND LORI GUTTENSTEIN 5. The land referred to in this Commitment is described as follows: LOT A, RECORDED EXEMPTION NO. 1311-02-2-RE-2812, BEING A PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, RECORDED SEPTEMBER 21, 2000, AT RECEPTION NO. 2795358. Examiner: BECKY WATTS Purported Address: STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. SCHEDULE B Section 1 Order Number: 200375765 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE 2. NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S) of the INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED" r+. r� SCHEDULE B Section 2 Order Number: 200375765 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of Way for county roads 30 feet wide 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. 9. Right of way for Lupton Bottom Ditch as the same is established and/or used. 10. Right of way as set forth in instrument recorded April 28, 1887 in Book 48 at Page 71 11. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded August 13, 1968 in Book 598, under Reception Number 1519736. 12. Oil and gas lease recorded May 26, 1970 in Book 626 at Reception No. 1548029, and any and all assignments thereof, or interests therein. 13. Oil and gas lease recorded July 13, 1970 in Book 629 at Reception No. 1551092, and any and all assignments thereof, or interests therein. 14. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded December 6, 1971, in Book 658, under Reception Number 1579766. 15. Right of way as granted to Union Rural Electric Association as set forth in instrument recorded May 27, 1976 in Book 768 at Reception No. 1689621. 16. Right of way as granted to Union Rural Electric Association as set forth in f" instrument recorded April 14, 1989 in Book 1229 at Reception No. 2176451. Continued on next page Continuation of Schedule B - Section 2 Order Number: 200375765 r 17. Right of way as set forth in instrument recorded August 21, 1989 in Book 1241 at Reception No. 2189133. 18. Right of way as set forth in instrument recorded October 30, 1989 in Book 1247 at Reception No. 2195991. 19. Right of way for ditches and roads as set forth on survey by Alpha Engineering , No. 2-2N7-02 dated September 20, 1989. 20. Any loss or damage arising from the fact that the fence lines as shown on Land Survey Plat No. 2-2N7-02 by Alpha Engineering dated September 20, 1989 do not coincide with the exact property lines. 21. Reservation of all of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded MARCH 5, 1998, under Reception Number 2598070. 22. Noets, Restrictions, conditions, stipulations and easements, if any, imposed upon subject property by RECORDED EXEMPTION NO. 1311-02-2-RE-2812 recorded SEPTEMBER 21, 2000 at Reception No. 2796358. 23. Terms, conditions, provisions, and stipulations as contained in RIGHT OF WAY Agreement recorded NVOEMBER 4, 2002 at Reception No. 3002162. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Larimer County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available(typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: /^. A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order No. 200375765 Disclosures(YSDD)Rev. 10/99 `i7 ma !lira STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our files, or from our affiliates or others. -- Information we receive from a consumer reporting agency. -- Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. -- Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Flle No. 200375765 Stewart Title of Lorimer County,Inc. Privacy Policy Notice(Page 1) Rev.07/2001 (YPPNI) re). rink STEWART TITLE OF LARIMER COUNTY, INC. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Larimer County, Inc. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our files, or from our affiliates or others. -- Information we receive from a consumer reporting agency. -- Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. -- Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • File No. 200375765 Stewart Title or Larimer County,Inc. Privacy Policy Notice(Page 2) Rev.07/2001 (YPPN2) DISCLOSURE Order No.: 200375765 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: n r^ File No. 200375765 Stewart Title of Lorimer County,Inc. Disclosure Rev.07/2001 (YDISCLOSE) Loveland STEWART TITLE Greeley 3850 N. Grant Ave. MAIN OFFICE AND TITLE PLAINT 3459 W. 20th Street Loveland, Co 80538 3665 John F. Kennedy Parkway Suite 222 (970) 669.4071 Building 2, Suite 300 Greeley, CO 80631 Fax(970) 669-4078 Fort Collins, CO 80525 (970)356-5573 (970) 226-4399 Fax(970)356-7058 Estes Park Title Fax (970) 282-0822 (970)586-3566 Escrow Fax (970) 226-4499 Fax(970)586-3578 July 20, 2000 ORDER NO. 200062184 RE: VACANT MARVIN C. HEIN FAMILY PARTNERSHIP/KLEN MARVIN C. HEIN PARTNERSHIP 5290 E YALE CIRCLE STE 103 DENVER CO 80222-6927 ATTENTION: MARVIN HEIN Original In connection with the above Order No. we are transmitting the following: r Title Commitment _XX_ Endorsement Policy _ Tax Certificate _XX_ TO FOLLOW Foreclosure Certificate Other THANK YOU for your "Title Insurance and Escrow Closing" business! Please specify "STEWART TITLE SERVICES" in the future! If you have any questions regarding this commitment, please call--CLOSER: KIM STUART - GREELEY OFFICE AT (970) 330-8767. EXAMINER: BECKY WATTS - FORT COLLINS OFFICE (970) 226-4399. 1 cc: STEWART TITLE ESCROW - GREELEY ATTENTION: KIM 1 cc: STEVE KLENEY 6909 SHANNON CT. LOVELAND, CO. 80538 SCHEDULE A Order Number: 200062184 �. Effective date: July 13, 2000 at 7:45 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 10-17-92 $ 165,000.00 Proposed Insured: STEVE KLEN AND LORI GUTTENSTEIN (b) A.L.T.A. Loan 10-17-92 $ 125,000.00 Proposed Insured: MARVIN C. HEIN FAMILY PARTNERSHIP, ITS SUCCESSORS AND OR ASSIGNS (c) A.L.T.A. Loan 10-17-92 $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: r MARVIN C. HEIN FAMILY PARTNERSHIP 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Examiner: BECKY WATTS Purported Address: STATEMENT OF CHARGES These charges are due and payable before a VACANT Policy can be issued. Owner's Premium $ 663.00 Mortgage Premium $ 75.00 Tax Certificate $ 15.00 SCHEDULE A Order Number: 200062184 LEGAL DESCRIPTION FOR REFERENCE ONLY, BEING A PART OF: THE S 1/2 OF THE NW 1/4 OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO; EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED MAY 22, 1968 IN BOOK 595 AT RECEPTION NO. 1516724, TOGETHER WITH A PORTION OF THE SW 1/4 OF SAID SECTION 2. SEE REQUIREMENT NO. 1 Ars%, /� • SCHEDULE B Section 1 Order Number: 200062184 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Recordation of a properly executed plat or recorded exemption of the land described herein with the approval of the proper governing authorities noted thereon. NOTE: When the above requirement is met, the description in Item 5 of Schedule A, will be amended. 2. Trust Affidavit of MARVIN C. HEIN FAMILY PARTNERSHIP setting forth the names and addresses of all those represented by said trust, and the names and addresses of the Trustees who may acquire, convey, encumber, lease, or otherwise deal with real property interest. ALSO provide to Company for retention in its files, a copy of the Trust Agreement and any and all amendments thereto. 3. Warranty deed from Vested Owner, vesting fee simple title in purchaser. /s` 4. Partial Release of Deed of Trust dated MARCH 2, 1998, executed by RICHARD L HEIN, to the Public Trustee of WELD County, to secure an indebtedness of $160,000.00, in favor of FARM CREDIT HANK OF WICHITA, recorded MARCH 5, 1998 at Reception No. 2598071. 5. Statement of termination or release of the Financing Statement filed pursuant to Uniform Commercial Code, on MARCH 5, 1998 at Reception No. 2598072 AND 273965 executed by RICHARD L HEIN, as Debtor, and FARM CREDIT HANK OF WICHITA, as Secured Party. 6. Payment of all taxes and assessments currently due and payable, if any. 7. Execution of the approved lien affidavit and its return to this office. (Lien affidavit sent to lender on new loan, and to closer on an assumption or cash purchase.) NOTE: See attached Exhibit A Notice required by Colorado Statute regarding Special Districts. FOR CLOSING INFORMATION, PLEASE CALL THE GREELEY OFFICE AT 970-330-8767 PLEASE MAKE ALL CHECKS PAYABLE TO STEWART TITLE OF LARIMER COUNTY, INC. SCHEDULE B Section 2 Order Number: 200062184 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of Way for county roads 30 feet wide on either side of section and ,r township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 9 . Right of way for Lupton Bottom Ditch as the same is established and/or used. 10. Right of way as set forth in instrument recorded April 28, 1887 in Book 48 at Page 71 11. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded August 13, 1968 in Book 598, under Reception Number 1519736. 12. Oil and gas lease recorded May 26, 1970 in Book 626 at Reception No. 1548029, and any and all assignments thereof, or interests therein. 13. Oil and gas lease recorded July 13, 1970 in Book 629 at Reception No. 1551092, and any and all assignments thereof, or interests therein. 14. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded December 6, 1971, in Book 658, under Reception Number 1579766. 15. Right of way as granted to Union Rural Electric Association as set forth in instrument recorded May 27, 1976 in Book 768 at Reception No. 1689621. 16. Right of way as granted to Union Rural Electric Association as set forth in instrument recorded April 14, 1989 in Book 1229 at Reception No. 2176451. Continued on next page Continuation of Schedule B - Section 2 /'� Order Number: 200062184 17. Right of way as set forth in instrument recorded August 21, 1989 in Book 1241 at Reception No. 2189133. 18. Right of way as set forth in instrument recorded October 30, 1989 in Book 1247 at Reception No. 2195991. 19 . Right of way for ditches and roads as set forth on survey by Alpha Engineering , No. 2-2N7-02 dated September 20, 1989 . 20. Any loss or damage arising from the fact that the fence lines as shown on Land Survey Plat No. 2-2N7-02 by Alpha Engineering dated September 20, 1989 do not coincide with the exact property lines. 21. Reservation of all of all oil, gas, and minerals underlying subject property, as reserved in instrument recorded MARCH 5, 1998, under Reception Number 2598070. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title ' entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Larimer County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. r Order No. 200062184 Disclosures(YSDD)Rev. 10/99 NO I E Ogg VA uAVON AL PROt RT CORRECTED NOV# 2 his 1s Not a ax Bill to le F. Sessions LEGAL DESCRIPTION: e 'aunty Assessor D2 140 ,tli Avenue 8 'E S15O' TO POE S220 ' N89D28'ECO448 .09 ' Greeley, CO 80631 N220' N89D28 ' E 1990 . 93 ' N00D51'W 1324 . 5 Date: 06/26/2000 9 ' S89D19'W 2579 . 69 ' S00D24 'E 1167 .28 ' DATES: 6/15!00 - 7[5f00 N 1400 tV 17th RAvenue HEIN MARVIN C FAMILY PARTNERSHIP Igl , 1(S; 970 3345 x3�S@ 5290 E YALE CIR STE 103 FAX 1O: 89703 351-0978 DENVER CO 80222 2000 INSO: 0121 131102000003 ppRROp EERRT•�•yy R�pg y�� CURR�N•� YEAR - - FFNN �p E�// CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DEC�'FtEASE AGRICULTURAL LAN 0 1285 1285 AGRICULTURAL RES 0 0 TOTAL n Boa • 131102000003 Parcel# Account# R8443600 To appeal by mail, list your name,address, and phone #below, detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before`t.taxes are Generally,calculated. The assessment percentage for residences is projected to be 9 . 74 all other property, including vacant land, is assessed at 29%of actual value (39-1-104(1) and (1.5), C.R.S.). A change in the projected residential assessment percentage is not grounds for an appeal of value or abatement of taxes. (39-5-121(1), C.R.S.) Appraisal data used to establish value were gathered from the 18 month period ending June 30 1998. If data is insufficient during this time period,assessors may use data going back in six month increments from the five year period ending June 30 1998. Your property was valued as of January 1 of the current year. The"current year actual value" represents the actual or market value of your property. The tax notice you receive next January from the treasurer will be based on that value. Your increase or decrease of value is due to one or more of the following:New construction, addition, split, combine,taxable status, subdivision factor, mobile home moving or purge, land class change, omitted or destroyed property. The following property characteristics were used to estimate your property value: r MOOREA MANOR Response to Weld County Public Works Department's Comments Dated February 5,2003 1. The Plat and Construction Plans have been stamped and resubmitted. 2. °P.U.D"in the plat title has been changed to"Minor Subdivision". 3. A benchmark has been provided for the topography completed by Absolute Survey ng, Inc. Topography was developed using GPS methods. A vertical equation has been estab shed to equate the site topography to the Harne Control System. This may not match to graphy shown on quadrangle maps. 4. All right-of-way for CR 21.5 is shown as forty foot for the west one-half. 5. The access to Lot 6 has been dimensioned as thirty foot. 6. The edge of roadway at the cul-de-sac has been dimensioned as fifty foot on the Con truction Plans. 7. A'Roadway Maintenance"note has been added to the Final Plat. 8. The Drainage Report has been revised. 9. Additional information has been included in the drainage report relating to off-site h storical flows. 10. Additional information relating to off-site flows has been provided. 11. Additional detailed topography was completed north of the site and additional info ation relating to runoff has been provided. 12. Data relating to the amount of increase in flows from the site has been provided. 13. The FEMA map for this area with the project boundaries platted on the map ha been provided. 14. A lot grading detail has been provided. 15. A°Groundwater"note has been added to the Final Plat. 16. The Lupton Bottom Ditch is an unlined dirt irrigation facility which crosses through oorea Manor. Interviews with Lupton Bottom Ditch Board Members indicates that the ditc leaks consistent with most ditches of this type. Additionally, the soil in this area exhibits the ighest infiltration rates of any soil type found along the length of the ditch. There are istoric es" conditions which are addressed in the geological hazard report prepared by Chu h and Associates, Inc. Short of lining the entire length of the Lupton Bottom Ditch, it does n appear that there is an effective way to address ditch leakage. 17. A "Groundwater" note has been added to the Final Plat. This note requires that a uctural evaluation be completed for each foundation on each lot. This evaluation shall also address existing and historical groundwater depths. 18. We were advised by the Planning Department that an Improvements Agreement woul not be required. This was based on the fact that this is a Minor Subdivision, that the gra el local roadway would be constructed and maintained by the subdivision Homeowners ociation and that there were no publicly dedicated parcels other than street right-of-way that a a part of this project. r r MINOR SUBDIVISION FINAL DRAINAGE REPORT FOR MOOREA MANOR Located in the West One-Half of Section 2, Township 2 North, Range 67 West of the P Principal Meridian Weld County,State of Colorado Prepared for: Steve Klen &Lori Guttenstein 6909 Shannon Court Loveland,CO 80538 (303)619-0018 Project Number: 770.0101 January 2003 Prepared by: Jeffrey W.Couch, P.E. TEAM Engineering 3468 Shallow Pond Drive Fort Collins, CO 80528 (970)231.9937 �� \1 List of Figures Figure 1 Vicinity Map Figure 2 Aerial Photo Figure 3 Historical Drainage Patterns Figure 4 Proposed Layout Appendix A Off-site Flow Calculations Appendix B On-site Runoff Increase ,.. Minor Subdivision Final Drainage Report For Moorea Manor A. Introduction This report was prepared as part of the Minor Subdivision Final submittal package prepared for a six (6) lot subdivision to be known as Moorea Manor. The intent of this report is to identify existing drainage patterns and to determine any impacts to these patterns which may be created by the proposed development. This report was prepared to be in conformance with the criteria outlined in Chapter 24"Subdivisions",Article VII of the Weld County Code. B. Site Description The Moorea Manor Subdivision is proposed to subdivide 34.900 acres of irrigated farm ground into six (6) residential tracts. The five tracts east of the Lupton Bottom Ditchare approximately 4.3 acrest with the remaining westerly tract being 10.1± acres. This westerly tract is separated by the Lupton Bottom Ditch and is created as an isolated home site for the owner/developer of the property. This property is located at the northwest corner of Weld County Roads 21 % and 24 'A approximately two and one-half miles south and one and one-half miles west of Platteville, Colorado. (See Figure 1 — Vicinity Map.) The site is more particularly described as Lot A of Recorded Exemption No. 1311-02-2-RE2812 located in the west one-half of Section 2,Township 2 North, Range 67 West of the 6th Principal Meridian,Weld County, Colorado. The site has not been farmed in several years, but has been historically used to produce hay or alfalfa. There are no structures on the site and the site is traversed from north to south by r Figure 1 Vicinity Map \ � \ 34 35 36 ROAD 26 z 0 cNI o 00 \ N N ROAD 24 /2 3 0 -i 2 1 0 I o 0s o, • Cls ROAD 24 10 111 12 VICINITY VAP SCALE- 1 " - 1000 ' -"Pic 4 S,,,!v t r^':- s 1 YY j•Y - -�i• -.z� � aq l,n +' ,,,.1.-. rz A. _A '? ny w .. . - ro-r�nr, sera ' `sa s re •._ t . e, at11Y" 1 , . '''f,"/ r rd*,re ! ° i ,..-w 4 4Rr ,n } " - d . +, , 3i .�ek: st .., t d 9 S < 'f 'c . �':<milrI-4.. :_� r ST a `2' i y' Y+ M, $ yuy '�' na l.4 ' e 7, ry ' s'± .s r d w"'"s�rs� �§� hy�.. iw ,:- At M yV' S a4✓�„ _'_ r q M �.e, �. g � s t s✓ }. f.'..*Y tS': �'B'�. S�c..1' mot' ir,' A. S ,` �,�'9 s c€.,,a tie ✓ • ` .; : a S K J YF3 . h'r d' 4 4 5 �`'. :1Ce ll 5 I - .f.. •r R»'i�Y ''.1 - '' F oft,tY rs3: 4141 LY . p hl .... IpA1.: •i:,•'- C w,aA .M1'a R x h . ig "kro „ i 4.14rG`} - Y 9�t q '..s F °F'' _ ( Z - trv� Y 'A.r l YZ_ •. M 2 aS' F �" a` . ^sy •q:fr e41!0'..-1.--= 3r - �i *�4� �`--, " .. ie ti's. r a r ,i - d� .#lyg"t '.r •v, ��5aa •e0P`' .., ,j y`a..�» c a „ra. q7"x y}. ..,�a nr f a ;, o-a. z ' '^w •a F S :5 � + •'" T �S `k.'fs f t-, 1:, t , i( • IOW... d""�t' i ^k{4 { rr :,... r , }+ 5 ! ;F. bYs?.. • Yi p+"w SK. ` - .n f s Y`` r q .::• .:ri iPl$�:v r 'r: a Ra .- .•pty 7.2-4111...1 I. , �' r+T5' 'd{ `P, 1, •t '� txq', 1 9Itit , .,��" i'yn i >ty i.'# S'+xx.E. .r.'2 � j '" + 'MG , l ' \# ?�n ...°�.'ka It '44 z4 '.w*m'T »tt•�` T s ,+ ,e r `.i' +i ..714 l L M ys > $4' " ^' ♦ sF' 2" T >' '. w ' . . 1 �,g�� Y p'L' i r �•" «ay " rz'' a <' s a 444:aty ir.. r h 2 S, .._ F , y 4'5,-At' f,{ Y`� .y SbwY, F Y, `" r Y1' °�,.,�yy' b"��,tr'Ill.,: r .— 4'.Q"' 4 y Nt• tpj • 122 {may r r x .3' k 1 ...:,,,or.c, 1 r= ' 4 VV c'' d 4 ' ' *?u a t s( 3- d. a W, 16 = yrq 4•• 3 R ', r Rya i ✓fr _ r< 1 g .1sq'+fi;'�l�.y • r :..' '«" t - .: S • • • _ ,�tbo a^.7 rz� + x ti t r 4 r ^y.: ' ;4 r" - ^" yet ii"'' t � l/I�. i 1 ix R ,,,, '* i t ' A i; f� 7`v'-t e„ �r.�,p. -4',., * { ,. """: • �t ,'e't we 6 r .- .�. s Wit t Is zo�IL.aI:.t w�"' r ' .r.„...,, w�" } r 'h 3 Vi . �� •134 p*,2st R' ` s4}7°t rn.YR Zy "' 4 + .ts '° '+„i' a`�t." v % R, t ( inn t . i�, i G t �Rf £ 4 S •r ",x >u x Y b t f'Y 4 T y$ f Figure 2 Pho#e a .i ^`+"^.-. . R . X i qv S'-. +a&{`'`' r-� the Lupton Bottom Ditch. This ditch provides irrigation water to the majority of the site via a series of smaller private irrigation laterals. Weld County Road 21%forms the east boundary of the site. Irrigated farm parcels are adjacent to the north,south and west sides of the site. The soil survey maps indicate that the property is composed of Vona Sandy barns with slopes between one(1)and three(3) percent. These soils are suitable for residential development and septic systems. C. Project Description It is intended that six (6) residential sites will be developed. The sites will be accessed by a local roadway and cul-de-sac to be constructed along the north boundary of the site. A structure will be constructed across the Lupton Bottom Ditch to provide access to the westerly lot. Because of the size of the lots, no overlot grading will be anticipated and all irrigation and drainage patterns will be maintained. D. Historic Drainage This site is located approximately one mile to the west of the South Platte River. The terrain in this area slopes from west to east towards the South Platte River. Off-site Flows This site is isolated from areas to the north and east of the property. Flows from the west and south flow easterly towards Weld County Road 21% and then north along the west embankment of the roadway. r^ On-site Flows Historically, runoff from the area west of the Lupton Bottom [Mich is intercepted by the ditch. Flows from the area east of the Lupton Bottom Ditch run easterly towards Weld County Road 21%. E. Proposed Drainage It is the intent of the proposed development to maintain all historic drainage and irrigation patterns. Because of the proposed lot sizes,there is minimal increase in flows (see calculations in Appendix). No major grade changes or overlot grading is anticipated. Lot 6 Lot 6 runoff will be intercepted by the Lupton Bottom Ditch along the east side of Lot 6. Lot 5 The runoff for Lot 5 will be intercepted by a concrete lined irrigation ditch along the east side of Lot 5. Lots 1 —4 Lots 1 — 4 drain to the northeast. They will outlet through an 18" culvert located under Harpenden Lane. Off-site Flows An area immediately south of Moorea Manor, north of Weld County Road 24, and below the Lupton Bottom Ditch, is anticipated to flow through Moorea Manor. Minor storm flows will continue northerly along the west embankment of Weld County Road 21% through 18" and 24" culvert under Harpenden Lane. I ) ' ) j 2I3 .---\/ ---NT----raj33°Th Q\,,t,C-.,T.c...k\‘`-.....-...:...._.,‘ t \.../.... 4.9.34,,, Q 4 -J o �] 2 27 �.. OI 26 G` � © 48JJ S I i , / ! .7.-----/c O°----\. • r Figure 3 Historical Drainage Patterns /� ('�i--- 4Vh.. r,�5 Wh.•,. ' \ C� 1/4 • ' lak •s,:�` ` JI i • _-_ _ I •f �- µ r_ :eJz Dore u• 6 2 . { , Pbxl o \' . ' ' Z + ' r ! \ :� x 78 °• ice _, I_ /'. /7 •I ';� �°�� a �:• 36 .(gigr \ y. A �� ., 01.. J , •'o ts . j{1 to 1 4900 • 1 ' 1 i i i 1 r p, (f _ j, 50- l ' j t S �za ' � r + s i N,:I'. ) I ,, F: =-e.sv ,•I 1,6!.P Pi! 1 \PII 10 i • • , ,..4.->.. -(-----A,„,,„..\-- '''\.7 • • • •_ • _ %-..-- ' 4 x 00 At, ii c. , .. . ,.ii'l-'-- Ilk t. - . _ � � � --,,,i w s S• I ) ,_.71 'Ili'__7, --- ( -:7 S L -� tvg °i ... •` II�_._ w TI�.� I If rl u cis Ce It `- �_ 87 _ __ u ' ' 1 a ; �, ! 7 4 - ' 1 I I 6 LOT MANOR SUBDI fISI` N LEI- &� GUTTES�E ` • 1' I1CRJ2Qi .r - - i I .. • - i ..-i, 1 • . 1::, i±' • 1.I �., , I i • _ _ _- - ----- F z 32__ . ' 1 �WCR .24 .5 _• , j • l', •: _ ... ... _ \ '310 , ,,,, ...- WCR 24, - -- -- �-_ __ , • •1.. ... .._ , li i J I • Figure 4 Proposed Layout ; .. 1 i . . , L . . L____ ) PROPERTY PROPERTY LINE LINE 60' ROW 15' _ UTILITY ESMT 26' ROADWAY 17' 13' 13' 8.5' 8.5' TRAVEL TRAVEL LANE is LANE FILL SLOPE y `2 6' 6' 4' it, Z.OR 2 \ R - - - bi• 4311.. t 1 — 2� R• 6" AGGREGATE SURFACE \ /r (CDOT CLASS 6) , yV EXISTING GROUND ELECTRIC TYP.) EXISTING IRRIGATION DITCH GAS l (3' DEPTH TYP.) l TELEPHONE (2.5' DEPTH TYP.) TYPICAL STREET SECTION 8" WATER MAIN 0 N.T.S. (LOCAL STREET) (5' DEPTH TYP.) HARPENDEN LANE e . Minor storm flows will be conveyed by the channel along the east side of lot 1 and overtop Harpenden Lane at the low elevation along the proposed vertical curve at Station 17+75. It appears from several site visits that runoff from areas above and to the west of the Lupton Bottom Ditch will be detained in low areas against the ditch or be conveyed by the ditch through the site. F. ConclusionlRecommendations 1. All existing irrigation patterns will be maintained. 2. All existing drainage patterns will be maintained. 3. The local access road (Harpenden Lane) will be built to match existing ground slope. A swale along the south side of the road will convey runoff from lots 1 —4. 4. This property is not within a major drainageway or within the South Platte Floodplain or Floodway as defined by the Federal Emergency Management Agency. 5. The existing 18°CMP will be extended by 20 feet. 6. A 24"ADS N-12 culvert will be added to the west of the existing 18" pipe. These pipes will accommodate a five year flow. 7. A channel will be constructed along the east side of lot 1. 8. The 100 Year Runoff will overtop Harpenden Lane at the low elevation at Station 17+75±. C AIRY P fane f f 1"/ t eoa 4pq = 2 X 13?0 = 1 1881000 .r/ = ?7. 3 gray Le y4 /320 Dioi Zo l 51 ye r 294m = 1.5 '0 *le: i. /l5sunleS at'iq Adovr i'?f" Q&S OI/CA awe/lei dy Itfd anal hived a d ow c�/tch d,lce 6P��n a�rr/ /nalglrgatice 1d z Offs/Ye aI#a is Ian of a a(/deiaPi y nu/s7. /,ye W( sexed na/U/Ai 0%/lSSfMJ in fit a//Pc( ani ft /5 Ad/Al ii, edd e 27 3 (Weidtschays onto Morn ifrne/ 3. Coady Road flaws JoutA of fit ✓aa/way �^ fv 14( fast c= az o1ro f1// /Glass Dffsiic Air /c _ L, 'Z___0,1 - = 127 ( 9) 0,,0 = atilt _ s,'d.y s j I s'L tiff / Qy = cI (0,?) Gs) (z/.3) = S. Z cfs Jn /90leot T = 3.o dr r-. go = aft 7 (o z) 04) (zz?) = i!. y c15 Op - Sloe fi�noff C fldfdflment a/rrr f1/I = a,za NausP3� 8/420 o kaa/vpy = o,pJ- ;y/icaf /sf Cove/a11 Dili( ?a x sao 191 980 Alford Rah? 3a )1 390 •9,aao dowe Goya = 3,O0 cote /IuIp 3a x3o --- Mal z3 so 2 se y3,SLo = 6,Sy Arrr,; vvdap !of ynis (3,04,& t as-y)(8.0 - 0.71 t 0. 513 = 0. ?? 9.3y y.3y Nett / / ff / y/ / J 806/4 r / I' 1e/ b Dine/'1 Il /A�&c,4U y tt 4up/`04 z Lef S arse if itvc%%B 6r el 111# Con/ilE /i/Iya//os /a/P/4/ llutier 11.74 /T Ws 5-taw J FIaW 191547 10;41 1J I8"rrulU i a! 4/(1 zI/z, q = (o,z9) (As) (17,36) = 7. ch I®o fie Qeveld d T4 - (0z9) (34 (73`) e IL? cfs lit Ca7%Gcr1 'It the lag" ) Credit - see AP/9d 7 cif 6 e 644-tey YPoy of(sih -loy g ? c& On - siie Plow = 71 cf Tv/J id di _ fide (urflifig If' (N1// [ NI VILE zyp n1S -41-12 al Os °o 7u/a� s{9�1GJ(av, Q= ]f2= /7th P` MP year MOW s,'/k qi lac jp1 ' llp eSe hue $ rll el everboit 9771,90 i W-� i i i a la a a •u.( a a a a a a a a J • 0 9 f z Fig. 3.3.1-2 LARIMER COUNTY Jii IA INTENSITY-DURATION CURVE e Z N AREALL II L0VELAND AREA ,n RA NF A T • BASED ON DATA AND PROCEDURES FROM r- C Z N.O.A.A. ATLAS 2, PRECIPITATION - r O .. FREQUENCY ATLAS OF.THE WESTERN • 0 m • UNITED .STATES-VOLUME III-COLORADO. ' Z n g = 6 -"I Z r a Z mm 06 Cl) O vi 1 ,- -I-t m� z o Ft XI W4 • a I- 0. v At Z 2 O 1e.., z term Csonimar T 37 C c m z O 30 , 60 90 120 ISO ISO. In - STORM DURATION (Minutes ) OI 0 I0 Off- S;fe rk01 PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE January 6, 2003 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 2 FHWA Scale Number (Type of Culvert Entrance) 3 Manning's Roughness Coefficient (n-value) 0.024 Entrance Loss Coefficient of Culvert Opening 0.8 Culvert Length (ft) 20.0 Invert Elevation at Downstream end of Culvert (ft) 0.0 Invert Elevation at Upstream end of Culvert (ft) 0.05 Culvert Slope (ft/ft) 0.0025 Starting Flow Rate (cfs) 7.0 Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 7.0 Starting Tailwater Depth (ft) 0.0 Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity r (cfs) (ft) Control Control (ft) (ft) (ft) (fps) 7.0 0.0 1.78 1.92 1.5 1.02 1.02 5.44 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson & Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281) 440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. MINOR SUBDIVISION FINAL DRAINAGE REPORT FOR MOOREA MANOR Located in the West One-Half of Section 2, Township 2 North, Range 67 West of the 6th Principal Meridian Weld County, State of Colorado Prepared for: Steve Kien r-� &Lori Guttenstein 61')9 Shannon Court Loveland, CO 80538 (303)619-0018 Project Number: 770-0101 January 2003 Revised March 15,2003 Prepared by: Jeffrey W.Couch, P.E. TEAM Engineering 3468 Shallow Pond Drive I; `� 3 Fort Collins, CO 80528 A ;� (970)231.9937 `� ,i List of Figures Figure 1 Vicinity Map Figure 2 Aerial Photo Figure 3 Historical Drainage Patterns Figure 4 Proposed Layout Figure 5 Site Topography Minor Subdivision Final Drainage Report For Moorea Manor A. Introduction This report was prepared as part of the Minor Subdivision Final Submittal Package prepared for a six (6) lot subdivision to be known as Moorea Manor. The intent of this report is to identify existing drainage patterns and to determine any impacts to these patterns which may be created by the proposed development. This report was prepared to be in conformance with the criteria outlined in Chapter 24"Subdivisions",Article VII of the Weld County Code. B. Site Description The Moorea Manor Subdivision is proposed to subdivide 34.900 acres of irrigated farm ground into six (6) residential tracts. The five tracts east of the Lupton Bottom Ditch are approximately 4.3 acres±with the remaining westerly tract being 10.1± acres. This westerly tract is separated by the Lupton Bottom Ditch and is created as an isolated home site for the owner/developer of the property. This property is located at the northwest corner of Weld County Roads 21.5 and 24.5 approximately two and one-half miles south and one and one-half miles west of Platteville, Colorado. (See Figure 1 — Vicinity Map.) The site is more particularly described as Lot A of Recorded Exemption No. 1311-02-2-RE2812 located in the west one-half of Section 2, Township 2 North, Range 67 West of the 6th Principal Meridian,Weld County, Colorado. The site has not been farmed in several years, but has been used historically to produce hay or alfalfa. There are no structures on the site and the site is traversed from north to south by r Figure 1 Vicinity Map 34 35cnc, 36 ROAD 26 z O o n N iP N Q iPc1/40 0 I ROAD 24 /2 3 0 • 2 1 Co O I- • ROAD 24 o — • —I r-7 • — — .e 10 11 12 VICINITY MAP ' SCALE 1 " = 1000 ' 4-1'*+3 M• 'Y.ty irK yrx'i 5e1-s t a p 'C Y sK'_i ♦ '3 ' " 4_ "U : i 4 s ,.c i s 'aY so• •`*y• am r _ r ♦, srs • t;*�j.[ .3 e - ./ 1' a -,ice. J1 .e 73 e4 } • 5. irk t }� _ iii F t-'2' i'2.- <i s'9t'�mie.ilP ,'. i h 7 'a x r `-.'c�i5I"e' c..e.'� ',,,,it- Fii; �e' b . .s-sr ', f r .r. i a:- e .- -£T. . /.i" t .• A is t1 r33 54 -a"i. dp.- x 4f 1.1 y 1 . 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The soil survey maps indicate that the property is composed of Vona Sandy loams with slopes between one(1)and three (3) percent. These soils are suitable for residential development and septic systems. C. Project Description It is intended that six (6) residential sites will be developed. The sites will be accessed by a local roadway and cul-de-sac to be constructed along the north boundary of the site. A structure will be constructed across the Lupton Bottom Ditch to provide access to the westerly lot. Because of the size of the lots, no overlot grading will be anticipated and all irrigation and drainage patterns will be maintained. D. Historic Drainage This site is located approximately one mile to the west of the South Platte River. The terrain in this area slopes from west to east towards the South Platte River. 1. Off-site Flows Several areas drain towards Moorea Manor. They are summarized as follows (See Figure 3 Historical Drainage Patterns): Offsite Basins Area Subbasin (Acres) "C" Discharge Point A 40 0.2 Retention Area—No Discharge B 40 0.2 Retention Area—No Discharge C Discharge Remains South of WCR 24 D Discharge Remains South of WCR 24 E 216 0.2 Retention Area—No Discharge F 92 0.2 Detention Area—Discharge into Ditch G 200 0.2 Flow to Low Area on Lot 1 Lot 6 10 0.2 Detention Area—Discharge into Ditch Calculations for Subbasins A, B, E, F &Lot 6 show that the detention and retention areas are adequate to accommodate flows are attached. 2. On-site Flows On-site flows are identified as Subbasin G. Flows from this area travel easterly to a low spot along Weld County Road 21.5(See Figure 5 Site Topography). E. Lupton Bottom Ditch The Lupton Bottom Ditch traverses this area. The Lupton Bottom Ditch diverts water from the South Platte River. Water conveyed in the ditch flows northerly. Several headgates provide controlled water diversion into a system of private irrigation laterals. Information from the Lupton Bottom Ditch Board of Directors indicate the following: Average Ditch Flows 5—10 cfs Maximum Allowable Ditch Capacity 100—110 cfs Maximum Measured Flows 120—130 cfs The Ditch Company has had less demand in recent years due to the conversion of farm land from agricultural to residential use, due to the lessening need for water on parcels that are kept idle, due to sale of water for other uses. In recent years the ditch has experienced large algae growth in the canal system. This growth has resulted in lower water quality due to algae blooms created by additional sunlight penetrating the lower water depths. These conditions create the warmth and nutritional needs for larger algae growth. The Ditch Company has asked that we allow all runoff to enter the ditch directly to"flush"the system. For the purposes of this project analysis, it is assumed that the ditch is full and water from the west flows across the ditch. Subbasins E, F and Lot 6, however, will provide detention areas which will discharge historic 5 year flows into the canal. F. Proposed Drainage It is the intent of the proposed development to maintain all historic drainage and irrigation patterns. Because of the proposed lot sizes,there is minimal increase in flows (see calculations in Appendix). No major grade changes or overlot grading is anticipated. Lot 6 -- A detention pond will be provided for Lot 6. Lot 6 historic runoff will be discharged into the Lupton Bottom Ditch along the east side of Lot 6. Lot 5 The runoff for Lot 5 will be intercepted by a concrete lined irrigation ditch along the east side of Lot 5. r ,•—• Lots 1 —4 Lots 1 — 4 drain to the northeast. They will outlet through 18° and 24° culverts located under Harpenden Lane. An area immediately south of Moorea Manor, north of Weld County Road 24, and below the Lupton Bottom Ditch, is anticipated to flow through Moorea Manor. Minor storm flows will continue northerly along the west embankment of Weld County Road 21.5 through 18" and 24" culverts under Harpenden Lane. An area immediately north of Moorea Manor drains to the low spot along Weld County Road 24.5. Minor storm flows will be conveyed by the channel along the east side of lot 1 and overtop Harpenden Lane at the low elevation along the proposed vertical curve at Station 17+75. Subbasin G has historically had no outfall. Water will pond adjacent to Weld County Road 21.5. A retention pond will insure that the runoff will be collected and not threaten adjacent structures. The overflow for this area is to the north along the west side of Weld County Road 21.5. G. Conclusion/Recommendations 1. All existing irrigation patterns will be maintained. 2. All existing drainage patterns will be maintained. 3. The local access road (Harpenden Lane) will be built to match existing ground slope. A swale along the south side of the road will convey runoff from lots 1 —4. 4. This property is not within a major drainageway or within the South Platte Floodplain or Floodway as defined by the Federal Emergency Management Agency. r^` 5. The existing 18"CMP will be extended by 20 feet. 6. A 24"ADS N-12 culvert will be added to the west of the existing 18" pipe. These pipes will accommodate a five year flow. 7. A channel and retention pond will be constructed along the east side of lot 1. 8. The 100 Year Runoff will overtop Harpenden Lane at the low elevation at Station 17+75±. 9. An overflow for this area exists to the north along the west side of Weld County Road 21.5. 4� O•♦ 2 .=- -.,. --4834_, 048t, \. cT .� y ri '' ! 25. Figure 3 Historical Drainage Patterns i Wh 1-,,I.,,Y � ' __- i, _ -___ �,—_ � o'er tl � �p s• rr 11 i. \ q_ ....7._--- ; cam , r ‘ V.... Ihl '' "lb :11 r. 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R ., it_..• . .' li i 1 '0,1' -- \ , 1 ic 12 -\-\ All 3 __,,,..4.,,a,,, 14, \,le: , \ ,,, iota, (• ----,, t( - 7,'„)".• 41.„411w _V Altalkosir k { ice , OP 4,0001-44k . - , . , I_ •„ P. I //<,a• O r • ' �s.{ _per .I .. ._-. .k. (,;I q- { C� 669 A TO IE 6 LOT MINJR SUBDIVIS 'ON . . , , . : , N �oREA1 .I_._._, i I I • .: • } i I K, LEN 41 GUTTENSTE*1, LWCR ,- ,' ,. , , , . , , ,26 7) - ,, I{ .. E ��t666... _ I 1 { • { I I. !; - IWCR24 .5 ,_ _ . ___:, \ , Sti .E i• ----'44,,/\.:- . V' ' • r • . .. .. .r -k 'oR 24 ,i �- f, , \ O .... . „....... I. i . , ., •s ` I ` ' kk71/4; = VI s � • Figure 4 . Proposed Layout C I :•:..... 9 p Y ;4: I 0 � II )al Meridian i I 1 2588.32' a^ 4. 4 OP C .4851 9t. ��? - - - -- _ >•!� gi. ( ts I Oti % 'III e .12 ./ 2-RE-2812. BEING A PORTION a / NORTH, RANGE 67 WEST OF THEte c / ♦ / 1 1TE OF COLORADO, CONTAINING r Ilij Figure 5 Site Topography ..,\ 1 fork, .V , I South of ,f}f ,A'P \ a sets. 13.35 ', .• '``�1 ailroad '' a I elevation of I w II Is t • "..." i At:7 w c Comata n Ditch ` " 1 N 89'4.5...•., '��Bn •:r -_ :J$, C 100.00' {.• ' 175.58' I I''F e/011 60.00' ' •well 1 ; .141.116 ‘, T2 C \[(4 :\01 't• m V� OM1 �,� ' •d ran rcmh 1' a 7„ B% 'y II11 .M1:6 Y ..;,d N P' ♦ d^r G, it V .\\ Ke � � dry d� � II LOT T 2 LDiY)T 1 4.49 ACR S I 4.41 ACRES n IB RES •.i� 1 e o 4P :If' :V I d dl $ v, co a a do �� d' ',IfQ to \149\ 49 749.75' 309.01 co A 9- \'9 o U 309.01' 09.01' o Be' d d .0' 1Nn.plld dP ,A°so • d• y 6', I PI.�F,• P . -.- _-.• �.- m 1 . it : — : Existing IrrIcallan 0 House 2 PROPERTY PROPERTY LINE LINE 60' ROW 15' UTILITY ESMT 26' ROADWAY 17' 13' 13' 8.5' 8.5' TRAVEL TRAVEL LANE d, LANE FILL SLOPE ° ~2 6' 6'— 4' — 2. 2.0% 2� ��s — — - - _ A, ----- A 6" AGGREGATE SURFACE _ — / (CDOT CLASS 6) Y \V EXISTING EXISTING GROUND ELE' DCTREPT(4IC H TYP.) IRRIGATION DITCH GAS (3' DEPTH TYP.) TELEPHONE (2.5' DEPTH TYP.) TYPICAL STREET SECTION 8" WATER MAIN 0 N.T.S. (LOCAL STREET) (5' DEPTH TYP.) HARPENDEN LANE 41/14( 11w /4/00( faa /4) aak flog X,afh� Afeff 3y,7 not e g,?a as fie) L = 5oaf 1f( Jrc /,77 �/I •1 fin Soo1` 7a-8S) (3-d) = 775 me I I /eo = 2•I /if; Aaww - H. goo ' (1 C f 4 = (/ ?c (Oieo) aO ur. )' /1. 3 or bal9d flaw C= 0,75 fr gaitJP ft % Mvel/ of/ sacs 66fl Zo SAO d • lU doo 30 X 30 6WOp 9600 K 60 /beide 3 600 30/311 bbd q rya z�,syo 5r esASO 15-1/ 580 3 9 i4(/Pj Awl?, C = (_). V dui ( 9,5)t 6 i. [Qa1(7o 9,,S3 - o127 3Y,7 /rips ]t`7 Poi Q1,, = (i-1 s)(o.2/) (Z.i) (iq) - Zy 7 6Is /wear of 47 - l$•3 = 61 cis ill fhill /a ono >�Ol Same! - flaw igteasg MtgeY Stilha51n l�ran llaA 161u Deal acrid Two flaw 5107 /} = Yo lki� c = 0-z Of44 54I/ lh. Tc = Rothe (no) (O)&0) = 12 kquisfe _ le c x leo /lt X 60 Seripor goo (0, rf 1Vee0 ZFH . V fun M1hai6 - twit/0 4kfi x°01 Coif Elty. 71 ztio )(SO = iolav N,boo n 1' = RIO 7? ??o X60 : 13,2O 171,0 x1' PIN 73 60 $ loo = z%otrig 1p1 Sao x ! _ lOtfa2 7y 3®o X 6®a lYo�ono Tafa! r = 133, ?00 cv f>' 3 Ai F+ ± _ . .. 1110 runoff- 041-1-Cfpaki fain lA10 &ft al a Gl ll r /ke7aH?/ V/use Xd en he4' _1 b"u64iaSk lla net/ ficqhm i261co swag c'M 1411 6y/TeX fma b Zd Ilc f of Relefink Vol/ ume -- fu F ,' IVo heal ailjcrRlu/ ((on thd vita fti fr ; . J . i-! r� u III SuiIa, n E zoo - l S - T z JZo nu gwo = of CO2) 05)0 ) = ( 8 cfs Volume = O-f c& X Jto tfq x to selrir _ 914 5'60 41/ = 10. 7 fk, Ff U bolt Avai tall- Teo Hof nvalial(s Aga gsMahI4 Viq 41/4/tb. o hltfiltdi0 vio f 10 Usrf 47,4 7w X 1577 la5at0 fl- 1911 -- 6 ' - = Boioal Cu. t _ 1115 l�o laeof{ alticyaki Iwo tits btu Ma has 12 " o'P/�Iow l✓A dwJl4ia 41 int lAr r &A 1,41 I• Atilt bit gmell to oils rhaie k4 17,107 blegfftki. live 4,4( +n� a_ (0-Z.)(rs)(9Z) z ?Z6 cif Ptdif, elfeC Ri ,�to_ tofimi 1144D,/cf l!?�via de ite4their whit sir hot€/e i (a'?)[i3) 00)1- 3 Cif Disciwp Dti-e 4 rn/c k1 &Its D,/cc t, beet 6 his ' 0 ifs = ?Pa Egos ®.Zs f (rj -TrAti t IS AAA/ Owe - (o es)(i ('eso) - isc& Veluot cis X Mo tit? x 6o sr/pi 6=ff = R. ykff Velus+( Ac11k _ Lnf 1 law., Alec Ty_ hr Pgi€f of 11aarcq r1&w- bit! = ZGyo LF 5Ydroo oaf _ 4'-T ,n. 49rt- bre/ bd ((as stchr4 15° v I 60 7z k Pfftnn � /lieu 301 V1 kX I,5 - q3_ Euf�,n yzzlsoxLs = lees- Va/uptt = zat s-0 0vV f/av4/ 7i,CL al" !✓c, 215- - Wed £4 a a---- --a'--a -ar -a a a r ) S. S _a a a; _a 'a a n 9 1 1 1 1 1 1 m Fig. 3.3.1-2 LARIMER COUNTY P RAINFALL INTENSITY-DURATION CURVE D 8 Z U) AREA II - LOVELAND AREA it mDC 70 T - RASED ON DATA AND PROCEDURES FROM r- 3' N.O.A.A. ATLAS 2, PRECIPITATION - . FREQUENCY ATLAS OF-THE WESTERN r m O R1 UNITED ,STATES-VOLUME la-COLORADO. DJ n`o Z > ,_ 6 --I zr a .LI CZ mm fA n r vt ` S v izt '< m0 N DJ W4 n Z c D J C Z � 3 a 2 `4,p D r K 2 sfr 44. 44. frit ii C a • M m 0 30 60 90 120 150 190. m • STORM DURATION (Minutes ) In 0 N Off- sne Flows i ate-- --arraaaa .raaaaaara 33 n 9 I I I II I I I I • y Fg. 3.3.I-2 LARIMER COUNTY 33 P RAINFALL INTENSITY-DURATION CURVE n MINIMS • AREA II - L0VELAND AREA Z O �� '" BASED ON DATA AND PROCEDURES FROM r- in - T N.O.A.A. ATLAS 2. PRECIPITATION - r Z • FREQUENCY ATLAS OF-THE WESTERN O O '- UNITED ,STATES-VOLUME DI-COLORADO. XI Itl c Z > S 6 m D D Y /\ w Y Z m m a N 0r e I- -< M W 4 ' D • Z h o. g Z ? 3 - , ``^ D K2 �� ',V O r CV /O) �rFq"�� a Z if t ■■ 'FAp . ^ -n XI < C m 0 30 60 90 MO ISO 160. m . STORM DURATION (Minutes ) 01 0 N A off- szfe Flows PIPE CULVERT ANALYSIS re.• COMPUTATION OF CULVERT PERFORMANCE CURVE January 6, 2003 PROGRAM INPUT DATA DESCRIPTION VALUE Culvert Diameter (ft) 1.5 FHWA Chart Number 2 FHWA Scale Number (Type of Culvert Entrance) 3 Manning's Roughness Coefficient (n-value) 0.024 Entrance Loss Coefficient of Culvert Opening 0.8 Culvert Length (ft) 20.0 Invert Elevation at Downstream end of Culvert (ft) 0.0 Invert Elevation at Upstream end of Culvert (ft) 0.05 Culvert Slope (ft/ft) 0.0025 Starting Flow Rate (cfs) 7.0 Incremental Flow Rate (cfs) 0.0 Ending Flow Rate (cfs) 7.0 Starting Tailwater Depth (ft) 0.0 Incremental Tailwater Depth (ft) 1.0 Ending Tailwater Depth (ft) 0.0 COMPUTATION RESULTS Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft). (ft) (ft) (fps) 7.0 0.0 1.78 1.92 1.5 1.02 1.02 5.44 HYDROCALC Hydraulics for Windows, Version 1.2a Copyright (c) 1996 Dodson s Associates, Inc., 5629 FM 1960 West, Suite 314, Houston, TX 77069 Phone: (281)440-3787, Fax: (281)440-4742, Email:software@dodson-hydro.com All Rights Reserved. �� f�1 raN ,^ Minor Subdivision Final Drainage Report For Moorea Manor A. Introduction This report was prepared as part of the Minor Subdivision Final submittal package prepared for a six (6) lot subdivision to be known as Moorea Manor. The intent of this r port is to identify existing drainage patterns and to determine any impacts to these patterns whic may be created by the proposed development. This report was prepared to be in conformanc with the criteria outlined in Chapter 24"Subdivisions",Article VII of the Weld County Code. B. Site Description The Moorea Manor Subdivision is proposed to subdivide 34.900 acres of irrig d farm ground into six (6) residential tracts. The five tracts east of the Lupton Bottom Ditchare approximately 4.3 acrest with the remaining westerly tract being 10.1±acres. This wes y tract is separated by the Lupton Bottom Ditch and is created as an isolated home sit for the owner/developer of the property. This property is located at the northwest corner of Weld County Roads 21 % nd 24 % approximately two and one-half miles south and one and one-half miles west of latteville, Colorado. (See Figure 1 — Vicinity Map.) The site is more particularly described as Lot A of Recorded Exemption No. 1311-02-2-RE2812 located in the west one-half of Section 2,T nship 2 North,Range 67 West of the 6th Principal Meridian,Weld County, Colorado. The site has not been farmed in several years, but has been historically used produce hay or alfalfa. There are no structures on the site and the site is traversed from north to south by Figure 1 Vicinity Map a3 34 35 36 ROAD 26 S\ 0 OO \______zz. 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'ir '"t�'. ,-,_ •: c 7• _ }t t ; t u ..,,et y.-,-,4,VYt \ ( r f +C '.::. .. „1 r.. ,, r ' "P s^ ,N, +14 ... , •"r i (�( r . r a.'K,-'nt .,`-4 ,yS� ' ,., �f ) .C y i ggp{� `w 4, .rtr 71-a. •1' a^•, 4 F. .f tC N -,^',�„ ;-.4.., ,,-.::;,1,.),%:$,.,;'T ♦y((} '' } + " - ..; a r r fY d^' -:° ' �� Figure 2 Photo xa • t 4 fi i[ . tP t"' /��y�� e Y •'y, rC .^ " `�t�. ar'ix.. r4 i"'- .c » s'$.: >: ay �. �i 'a ,a s� r r ♦'. � •4 , � -.� a t' �4a r'+ 1. a..sT "ri. ';i. A c !t t ,y A E 4''c"J �. x `yY n" eV; }o =`.2 ... «....� .',.“.1"....'17;:,3ar ,: �-ra, IU at+'YA't ,Y r>{ ;7t ' ye �p a. !}s + .e -:.13/4:-„: �'-. �'}�"S es, On-site Flows Historically, runoff from the area west of the Lupton Bottom Dtich is intercepte by the ditch. Flows from the area east of the Lupton Bottom Ditch run easterly towards Wel County Road 21%. E. Proposed Drainage It is the intent of the proposed development to maintain all historic drainage and rrigation patterns. Because of the proposed lot sizes,there is minimal increase in flows (see calcul 'ons in Appendix). No major grade changes or overlot grading is anticipated. Lot 6 Lot 6 runoff will be intercepted by the Lupton Bottom Ditch along the east side of L t 6. The runoff for Lot 5 will be intercepted by a concrete lined irrigation ditch along e east side of Lot 5. Lots 1 —4 Lots 1 — 4 drain to the northeast. They will outiet through an 18° culvert I d under Harpenden Lane. Off-site Flows An area immediately south of Moorea Manor, north of Weld County Road 24, a below the Lupton Bottom Ditch, is anticipated to flow through Moorea Manor. Minor storm fl ws will continue northerly along the west embankment of Weld County Road 21% through 18" nd 24" culverts under Harpenden Lane. the Lupton Bottom Ditch. This ditch provides irrigation water to the majority of the site via a series of smaller private irrigation laterals. Weld County Road 21% forms the east boundary of the site. Irrigated farm pa cels are adjacent to the north,south and west sides of the site. The soil survey maps indicate that the property is composed of Vona Sandy lo ms with slopes between one(1) and three (3) percent. These soils are suitable for residential dev lopment and septic systems. C. Protect Description It is intended that six (6) residential sites will be developed. The sites will be a ssed by a local roadway and cul-de-sac to be constructed along the north boundary of the site. A tructure will be constructed across the Lupton Bottom Ditch to provide access to the westerly lot. ecause of the size of the lots, no overlot grading will be anticipated and all irrigation and drainage patterns will be maintained. D. Historic Drainage This site is located approximately one mile to the west of the South Platte Riv r. The terrain in this area slopes from west to east towards the South Platte River. Off-site Flows This site is isolated from areas to the north and east of the property. Flows from e west and south flow easterly towards Weld County Road 21% and then north along e west embankment of the roadway. t ' 48,34, ii a, 27 _ 4�i w811 I �' .: 27 26 r , 25 \ ! "-71( ¢ I 'o s Figure 3 Historical Draina Patte s Lakl � /lc) '� ` • ) *eta li . , 1 G=` / / l °�. --"M\ mow/ ! O o ics, .\.:\S so ,.9!a,.., .sue- 6.O --,,-7. • 111 ; �' ... \ ll 1 o• �: , /7 � J 482 , d 36 ik- • 5 ��1 4�.3 / I: I }¢4822 .... ,r,......... . /1 (1 i I I ) I' 1sa V , c rI °r, ,. i {£p1 !cat I , fir,,. r ' wp! l i ' t u °14 i O I • 1: Itt ,. 4 -.,,„,.........„ --\\....,,,, ,..._ _ 1 • • ir , _ ‘ N y , ;(� L�� -� f• 4 '. S t�7 9 In -_ , N •" li •• -- .. .. n , ', • F cis Ce ery 4 ti ,,i .. .. •.� �� _ 487:� ' � I i C •� j \,,,......si\ ��. • ^'4 , \ n 1 5 .r , •:. .� 1 x:11 M I CZ-609 A TO' EL \ .. .s 6 LJT MC� NR SUBDIVIS ' N', 1 MCJQREA MAN{ • LEN 9 . 8GUTTENSTE 'Ns,, ,� -VV------7 CRS 26 � - t .N i "' i i _ r 4 `a, .. ;^' .ii • II 1' ✓4 hi.: TT Iill • CI ' -.3 \ ido , \ 9,4 WCR24 — 1 ,'cy a r `i 4.IA . [ • --: _ Fig ure 4 Proposed Layout p Y �: E. Minor storm flows will be conveyed by the channel along the east side of lot 1 an overtop Harpenden Lane at the low elevation along the proposed vertical curve at Station 17+75. It appears from several site visits that runoff from areas above and to the we t of the Lupton Bottom Ditch will be detained in low areas against the ditch or be conveyed by e ditch through the site. F. Concluslon►Recommendations 1. All existing irrigation patterns will be maintained. 2. All existing drainage patterns will be maintained. 3. The local access road (Harpenden Lane) will be built to match existin ground slope. A swale along the south side of the road will convey runoff from lo 1 —4. 4. This property is not within a major drainageway or within the Sou Platte r` Floodplain or Floodway as defined by the Federal Emergency Man gement Agency. 5. The existing 18"CMP will be extended by 20 feet. 6. A 24"ADS N-12 culvert will be added to the west of the existing 18° pipe These pipes will accommodate a five year flow. 7. A channel will be constructed along the east side of lot 1. 8. The 100 Year Runoff will overtop Harpenden Lane at the low elevation Station 17+75±. ) ) ) • PROPERTY PROPERTY LINE LINE 60' ROW _ 15' UTILITY ESMT 26' ROADWAY 17' 13' 13' 8.5' 8.5' TRAVEL TRAVEL LANE 6, LANE FILL SLOPE % ~2 6' 6'— 4' a 2.074 2�� e — — — 36 — — 6" AGGREGATE SURFACE _ \ r/ (CDOT CLASS 6) V EXISTING EXISTING GROUND ELE' DCTEPTHRIC (4 TYP.) ) IRRIGATION DITCH GAS (3' DEPTH TYP.) TELEPHONE ( TYPICAL STREET SECTION 8"5 TYP.) WATER MAIN 0 N.T.S. (LOCAL STREET) (5' DEPTH TYP.) HARPENDEN LANE • off sl/c 4na1 /000 t 804 Z x 13?0 = Ill a0p 1.r = 213 ')firs 1,74 /120 / Dfy 29/ f 541 _ % 1 Assures a(14 ally( lt fon an kid �ve/fed d/ I/f I ad de /a/ael aim) ditch b It/c 6v/m sin Mei 14!moat react- 2. Offs/Yr zed is f a/1 of a oft/(//9f/ na/sI7. )+/e Wf sewed nala/a/ dy/1'sfffe 0 /15/ a//ea an/ it Ii d0'd/ %/ /Li, eyf//e 273 GC/{3 dr5(Iays Nibrlva/Pa Mee( 3. Cn4 teal 29 dw,/l� flows 3Du') of fi (aat'&v9' fol�f -Past / c= 0.2 Om /6iGss Dfsik flaw 7c , pi _S)./ z = 1.87 ( 9) 0,,310'1V = dl.l9l = 539 S S�i3 Firer _I= I.3" "A/N9 / O = C I H = !0.2) (ls) (27.3) _ Z CIS IOU fed/ T = 3.0-7411r go = aft - (o Z) 0.e) (zzi) _ ll. y c£s Oq - si/c /agog (1 �djvfl ment a/'4 Ad = a 20 NkccJ, 88/wU , /daJway = O 9f Typal ie I Pave/a/C 88;ie ZO X 300 /oi w7 Alfred Ro/7 30 X3110 9,a00 lfogit bona = 3,180 6'eive /BIlp j# x 3 = 700 rota( z3 Sa0 21, Seo 93,S1d = o,s9ArieJ Soy )ot 113y/}b s 071/4 h 40(04 r (o.Sy)( 3) - 0.7i +- 0. 513 = 0. 77 Y.3y l•39 I, lot I An'// is in/vc7/rd I t Zybo dof,M Pi// 2 lef s (tfhoIf is ih ha e Ir/ 6 eV�f row al/( ii/ryatoe /a1io% tat 1'� runoff /)lea 17.,76 fives Spew Qeveld,Q/ F/aw Drsrtia-f /0oiol is lf'' 6ilvd of 4111 d q : (o.ei) Os) (O,J6) = J• 6 cfs loo )' / Devote/el flail q (0.19) (3A) ((I%) = 1E? cfs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MOOREA MANOR SUBDIVISION ARTICLE I-PREAMBLE Declarant is the owner of that certain real property situate in Weld County, Colorado, described on Exhibit "A" hereof(The Property). The Property has been pi atted as Moorea Manor Subdivision simultaneously with this declaration. Declarant desires to develop The Property for residential purposes. Declarant deems it desirable to subject the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve the values of the individual lots and to enhance the quality of life for all owners of such lots. Declarant therefore declares that all of The Property is and shall be held, transferred, sold, conveyed and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways, and easements which are set forth in the Declaration, all of which shall run with The Property and shall inure to the benefit of, and be binding upon, all parties having a right, title, or interest in The Property or a portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns. Any restrictions or regulations not addressed specifically shall be in accordance with Weld County Zoning and subdivision regulations. ARTICLE II -DEFINITIONS General: The words and terms defined in this Article shall have the meanings herein set forth unless the context clearly indicates otherwise. Association: Shall mean and refer to the Moorea Manor Subdivision Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be Lot Owners as defined herein. Common Areas: Shall refer to all real Property or interest therein owned by the Association and easements and rights of way for the common use and enjoyment of the Owners, together with and including, but not by way of limitation, the road,Harpenden Lane,utilities, and utility easements. Developer: Shall mean Steve Klen and Lori Guttenstein, owners of The Property,their successors and assigns. Developer Responsibilities: Shall refer to the road constructed pursuant to specifications 1 required by Weld County known as Harpenden Lane. 1 Developer shall install a gravel road according to the specifications of Weld County. The Association shall maintain, repair, and replace the road after the Developer has installed such facility. Developer shall plant non-weed vegetation on the right of way adjacent to Harpenden Lane. The Association shall maintain and replace non-weed vegetation after the Developer has planted such vegetation. Lot: Shall mean and refer to any parcel or plot of land located within the exterior boundaries of The Property described on Exhibit"A" and owned by the "Owner," with the exception of any Common Area. Road and Utility Easements: Shall mean and refer to the road Harpenden Lane and all utility easements presently existing on The Property or subsequently constructed by the Declarant on the tracts or parcels of the property. "Roads" and "Utility Easements" shall not include private driveways or utility extensions constructed by individual Owners to provide access and utilities to dwellings or other structures located upon such Owner's lot. Single Family Dwellings: Shall mean an independent structure designed and occupied as a residence for a single family. Subdivision: Shall mean and refer to Moorea Manor Subdivision. Other terms may be defined in specific provisions in the Declaration and shall have the meaning assigned by each such definition. ARTICLE III-USE AND OTHER RESTRICTIONS 3.1 Land Use and Building Types: A lot may be used only for one single-family dwelling. The primary residential building must include as a part thereof, a garage, or if a garage is not included as a part of the residence,then a separate garage structure shall have identical architectural design and exterior design and appearance consistent with that of the residence. a. Size: The dwelling space of the residence, exclusive of the garage and open porches, shall contain a minimum of 2000 square feet of finished non-basement living space. The maximum height of the residence and any accessory building is not to exceed thirty (30) feet. b. Pre-constructed Homes: No homes of a pre-constructed nature shall be permitted without prior written approval of the Developer. No mobile homes or modular homes shall be allowed. r 2 c. Exterior Materials: The exteriors of all residences must be wood, masonry, stone, stucco or material with a stucco-like appearance. Any vinyl or aluminum-sided houses must be approved by the Developer. All construction shall be new. No building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot. d. Limitation on Dwelling: No more than one dwelling shall be erected or maintained within any Lot. No Lot may be subdivided to create any additional Lots in the Subdivision. e. Rebuilding or Restoration: Any dwelling or building which may be destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt or all debris must be removed and the Lot restored to a sightly condition, such rebuilding or restoration to be completed with reasonable promptness and in any event within six months from time the damage occurred. 3.2 Accessory Buildings: No more than two (2) accessory buildings in addition to the garage with a maximum square footage of 3,000 sq. ft. total, which are well constructed and neat of appearance, shall be permitted. No buildings with a Quonset type appearance are permitted. The style of the garage or other accessory building shall match the same architectural style as the residence. 3.3 Fencing: Fencing is to be in keeping with the appearance of the surrounding rural setting, i.e., barb or barbless wire fencing,wire fencing,natural wood(unpainted) and vinyl are allowed. n Chain link fencing is allowed only for a dog run area. 3.4 Outdoor Storage: Some outdoor storage will be allowed for motorhomes, boats, trailers and other recreational vehicles belonging to the Owner of each Lot. Storage must remain neat and in good repair. No junked vehicles or broken machinery, etc. shall be stored on any property. 3.5 Right of Way and Easements: The area known as Harpenden Lane is a road right of way and is to remain open space; free of buildings, fences, trees or shrubs. The Developer will seed non-weed vegetation in the right of way; and thereafter, the Association will assume responsibility of the maintenance of said right of way. Easements and non-buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Within these easements, no structure,planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates such requirements in the right of way or easements and drainage areas, the Association may give the Owner written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or structure within thirty (30) days of receipt of notice, the Association may have such work done at the expense of the Owner of the lot. If the work is done by the Association at the Owner's expense, the Owner shall pay for such work within ten (10) days after notice is given in writing to the Owner as to the cost of such work. In the event of failure to pay within that time and if the Association thereafter incurs any attorney's fees and costs in collecting such amount from the Owner, all such attorney's fees and costs 3 r-, incurred shall likewise be a debt owed by the Owner to the Association. The easement area of each lot and all improvements on it shall be maintained continuously by the Owner of the lot. 3.6 Maintenance of Lots: The Owner of each Lot shall plant and maintain non-weed vegetation and remove any trash or other debris. Vegetation shall be maintained at a height of no more than twelve inches (12")unless being harvested for feed purposes. All ground cover must be maintained at a minimum vegetation height of approximately two inches (2") to minimize dusty conditions. Any corral areas shall be maintained so as not to create a dust nuisance. If an Owner fails to maintain their lot in accordance with this requirement,the Association shall have the right to plant and maintain non-weed vegetation and remove any trash or other debris solely at the lot Owner's expense. The Owner shall be liable for reasonable attorney's fees and costs incurred by the Association in collecting such charges. 3.7 Large Animals: Two large animals shall be permitted per Lot. Large animals are defined as a non-domesticated animal such as a horse, cow, sheep, goat, llama, pig, etc. Pens shall be neatly maintained so as not to create a nuisance to neighbors. 3.8 Owner Maintenance: Each Owner shall maintain the exterior of the dwelling, any Accessory Building and all other Structures, lawns and Landscaping, walks and driveways, in good condition and shall cause them to be repaired as the effects of damage or deterioration become apparent. Exterior building surfaces and trim shall be repainted periodically and before the surfacing becomes weather-beaten or worn off. All yards and open spaces and the entire area of every Lot on which no building has been constructed shall be kept free from plants or weeds infected with noxious insects or plant diseases and from weeks which in the reasonable opinion of the Architectural Control Committee are likely to cause the spread of infection or weeds to neighboring property and free from brush or other growth or trash which in the reasonable opinion of the Architectural Control Committee causes undue danger of fire. 3.9 Nuisances: No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the entire neighborhood. 3.10 Recreational Vehicles: No trailer, motor home, camper unit, boat or similar recreational vehicle shall be parked on Harpenden Lane. No Owner shall be allowed to park a vehicle on Harpenden Lane except for temporary guest parking. 3.11 Compliance: Each lot owner shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department,Division of Wildlife, Fire Protection District, the Weld County Planning Department and all governmental entities with jurisdiction over this subdivision. 3.12 Oilfield Production: Oil/gas production vehicles have the right to access their production facilities within the subdivision without interference by lot owners. 3.13 Business Uses: There shall never at any time be erected,permitted or maintained upon any part of the Lots any business profession or other activity except as allowed below. This 4 • r-, provision is not intended to prohibit one time, isolated or occasional uses nor is it intended to exclude the use of a home office, such as an architect,which may be permitted so long as the operation of the activity is not apparent or detectable by sight, sound or smell; conforms to zoning codes; does not employ more than one person at a lime who does not reside on the Lot; does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees, or door-to-door solicitation of the residents of the Subdivision; does not involve business activity which is inconsistent with the residential character of the Subdivision; does not constitute a nuisance, or hazardous or offensive use, or threaten the security or safety of the other residents of the Subdivision, as may be determined at the sole discretion of the Board. Nothing in this provision shall prohibit the rental of a lot to a single family for the sole purpose of a single family residence (as said terms are defined), provided that all leases shall be for six months or more, in order to ensure a long-term commitment to the safety, stability and upkeep of the neighborhood. All leases shall contain a provision requiring that tenants shall conform to the covenants. The owner of any lot shall be personally responsible for any breach of these covenants by their tenants. Except for the uses permitted above,the prohibited uses include, but are not limited to, day care centers, churches, schools, foster homes,nursing homes,halfway houses,health care centers,multifamily dwellings, or any uses of kindred character,because it is crucial to prohibit any activity which results in customer traffic, warehousing, chemical odors, vehicular activity, advertising displays, communication antennae,production equipment, employees, or any other evidence of organized business use of a dwelling. Personal computers, or wireless and residential telephones do not, in and of themselves, imply commercial use of a dwelling. 3.14 Right to Farm Covenant: Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment, dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure, smoke from ditch burning, flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation water to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the size of the state of Delaware)with more 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, 5 and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for the public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches, electrical power for pumps and center pivot operations,high speed traffic, sand burs,puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ARTICLE IV-THE ASSOCIATION 4.1 Articles of Incorporation and Bylaws: The interests of all lot owners shall be governed and administered by the Articles of Incorporation and Bylaws of the Moorea Manor Subdivision Homeowner's Association and by this Declaration. In the event of a conflict between the provisions of the Declaration and the Articles of Incorporation or the Bylaws of the Association, the terms of the Declaration shall be controlling. 4.2 Membership: Each owner of a lot,upon becoming an owner, shall be a member of the Association and shall remain a member for the period of ownership. If more than one person has an ownership interest in a lot, each person will vote that portion of a lot equal to the portion of ownership. 4.3 Examination of Book by Mortgagee: The holder of any recorded first mortgage or deed of trust on a lot in the subdivision will,upon request,be entitled to: (a) Inspect the books and records of the Association. (b) Receive an annual financial statement of the Association after the end of each calendar year. (c) Receive any written notice of all meetings to the Association and shall be permitted to designate a representative to attend all such meetings. 4.4 Powers: The Association shall be granted all of the powers necessary to enforce all of the applicable provisions of this Declaration, and to govern, manage, maintain, repair, administer, and regulate Moorea Manor Subdivision and to perform all of the duties required of it. 4.5 Association Responsibilities: The maintenance and operation of Moorea Manor Subdivision shall be the responsibility and the expense of the Association, and the costs therefor shall be a common expense of all the lot owners. The Developer shall initially install the gravel road, Harpenden Lane, and shall initially seed the areas disturbed by construction of said 6 Harpenden Lane; thereafter, the costs of maintaining, repairing, and replacing Harpenden Lane within the right of way shall be borne by the Association. 4.6 Lot Irrigation: Irrigation of each individual lot shall be the sole responsibility of the individual lot owner and is not to be a part of the Homeowner's Association maintenance responsibilities. Each Lot Owner shall receive one share of the New Coal Ridge Ditch Company upon the purchase of their property. The water rights are subject to all common law and statutory water law restrictions within the State of Colorado. The developer does not warrant nor represent that said water shares will guarantee the Lot Owner any specific quantity of water. If, through any later water decree or restrictions placed upon the water shares by the New Coal Ridge Ditch Company, irrigation and use of the water is restricted for whatever reason, the Owner holds developer harmless with respect to the same. The shares are conveyed without any warranty whatsoever with respect to the delivery of water or the fact that the same can be used for lot irrigation purposes. The Association may undertake to regulate the distribution at any headgate and to regulate the Owners' use of such shares in order that all Owners may realize the full beneficial use, if any, of such shares. The Association therefore shall set forth rules and regulations with respect to the use of such shares. All water assessment charges by the ditch company for such shares shall be paid by the Lot Owner. 4.7 Formula for Determining Assessments: Assessments shall be made no less frequently than annually and shall be based upon a budget adopted not less frequently than annually by the Association. The assessments shall be apportioned equally among all lots within the Subdivision. Each owner, by the acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses whether or not his lot is improved. If a new annual assessment is not adopted, an assessment shall be presumed to have been adopted in the amount of the last prior assessment. 4.8 Bases Upon Budget: Assessments shall be based upon the budget, which shall be established by the Board of Directors at least annually,which budget shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with the maintenance,repair, operation, additions, alterations and improvements of and to Harpenden Lane and the common areas, which sum may include,but not be limited to, expenses of management; taxes and special assessments unless separately assessed; premiums for insurance; repairs and renovations; wages; water charges; legal and accounting fees; expenses and liabilities incurred by the Association or any of its agents or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of Incorporation and Bylaws of the Association; for any deficit relating to Harpenden Lane and the common areas, which shall be funded by the regular annual or monthly payments rather than special assessments. 4.9 Assessments for Other Charges: The Association shall have the right to charge a lot owner for any common expense caused by the misconduct of such lot owner, in which event such expense may be assessed exclusively against such owner. The Association shall have the right to impose a lien for any such special service charge or charges due to misconduct that are not paid when due; said lien shall include court costs and reasonable attorney's fees incurred by the Association in collecting said charges. 7 4.10 Assessments: The amount of the common expenses and misconduct charges assessed against each lot shall be the personal and individual debt of the owner thereof No owner may exempt himself from liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment of his lot. An owner's loss of lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate such owner's liability for assessments and charges acquired prior to the date hereof The Association shall have the authority to take prompt action to collect any unpaid assessment which remains unpaid for more than sixty(60) days from the due date for payment thereof. In the event of default in the payment of an assessment, the lot owners shall be obligated to pay interest at the rate of eighteen percent (18%)per annum on the amount of the assessment from due date thereof, together with all expenses, including attorney's fees, incurred together with such late charges as are provided by the Bylaws or rules of the Association. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing the lien described below and such suit shall not be, or construed to be, a waiver of lien. 4.11 Creation of Lien and Foreclosures: All assessments together with any special assessment or other fee, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment, such amount, and any subsequently acquiring unpaid assessments, together with interest thereon and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorney's fees shall constitute the basis of a lien on such lot superior to all other liens and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental assessing entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory sums as may be provided by assessment setting forth the amount of such unpaid indebtedness, the amount of the acquired interest lien shall be signed by one of the officers of the Association on behalf of the Association and may, but is not required to,be recorded in the office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with interest and other charges thereon, shall have been paid in full. Such lien may be enforced by the foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay the costs, expenses, and attorney's fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorney's fees incurred. The owner of the lot being foreclosed shall be required to pay the Association any assessment or special service charge whose payment becomes due for the lot during the period of foreclosure, and the Association shall be entitled to receive during foreclosure, and the Association on behalf of the member owners, shall have the power to bid on the lot at foreclosure or other legal sale and acquire and hold, lease,mortgage, vote the votes appurtenant to, conveyor otherwise deal with the same upon acquiring title to such lot. 4.12 Liability Upon Transfer: Any owner who sells a lot in good faith and for value shall be relieved of the obligation for payment of assessments arising thereafter attributable to the lot, as /" of the date of the recordation of the deed transferring such lot to the subsequent purchaser. The 8 Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney's fees attributable to the lot acquired through the date of such recordation, and the lien for recovery of the same shall remain in force against such lot. 4.13 Mortgage Foreclosure: Notwithstanding any of the terms of provisions of this declaration, in the event of any default on the part of an owner under any mortgage or deed of trust which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including the delivery of a deed in the lieu to such mortgagee, shall be made free and clear of all then due and owing assessments. No mortgagee shall be liable for any unpaid assessments accruing prior to the time such mortgagee receives a deed to a lot. 4.14 Board and Officers of Association: Until all lots have been sold by Declarant, the Declarant may appoint and remove the officers and members of the Board of the Association. ARTICLE V—ARCHITECTURAL CONTROL COMMITTEE 5.1 Composition, Appointment and Removal: The initial Architectural Control Committee ("ACC") shall be Declarants, Steve Klen and Lori Guttenstein. They shall serve as the Architectural Control Committee until at least four of the six lots in the subdivision have been approved with residential structures. Thereafter the Board of the Homeowners Association shall have the right to appoint three of its members as the ACC. In the event of the death, incapacity or resignation of any one of such members, the HOA Board shall have the absolute authority to appoint a successor. 5.2 Review by ACC: No construction of any structure, or remodeling of an existing structure, or any work on any Lot which requires a building permit shall be commenced, erected,placed or moved onto a Lot, or altered in any way without the prior satisfactory approval of the plans, having been previously submitted in writing to the ACC. Review and approval by the ACC of all such construction will be based on the architecture, based upon these Declaration as heretofore provided, in order to have such structure blend in with the natural surroundings. Specific attention will be given to requirements set forth in Article III under use and other restrictions of these Declarations. All plans, samples and other materials shall be personally submitted to the ACC and shall be submitted according to any rules and regulations promulgated by the ACC for the submittal of such plans. The plans submitted to the ACC shall include the exterior design,height, building material and color scheme thereof; the location of the structure plotted horizontally relative to property and easement lines and setbacks, and vertically, the location and size of driveways, fencing,walls and windbreaks, and the grading plan. Submission does not have to include a landscaping plan. 5.3 Procedures: The ACC's approval or disapproval, as required by any provision of this Declaration, shall be in writing and any approval shall expire in one year if construction has not been commenced. The ACC may impose any conditions it considers advisable on any approval or on the use or maintenance of any improvement. The ACC shall maintain written records of all applications submitted to it, all actions it may have taken, and a copy of such plans, specifications, and lot plans as finally approved. The ACC will attempt to act promptly upon the 9 submission, but the Lot Owner, or its representative,must take into account that a certain period of time will be required to review any such plans, to meet with the Lot Owner or builder to discuss the same, and to arrive at a satisfactory approval or denial of all document submitted. The Lot Owner must anticipate a reasonable time period for this process, and submit the same in a timely manner based upon the Lot Owner's expectation for approval and construction time frame. 5.4 ACC's Discretion and Non-Liability: The ACC shall exercise its best judgment to see that all improvements and construction within the Lots conform to and harmonize with existing surroundings and structures. In granting or withholding approval, the ACC shall consider, among other things, the adequacy of the materials for their intended use and whether the structure or covering will cause intrusions of sound, light or other effect on neighboring sites beyond those reasonable to be expected in a quality urban residential area from considerate neighbors. The ACC or its duly authorized representatives shall not be liable in any manner for any action taken or failure of action in these premises. 5.5 Waiver: The ACC may, at its discretion, waive any provision of Article III of this Declaration in the event it finds a practical difficulty or unnecessary hardship. 5.6 Fences: Lot Owners upon prior written approval of the ACC may construct fences. Said fences must comply with all rules and specifications adopted by the Association, which shall have the final decision on what is deemed permissible. 5.7 Enforcement: The Architectural Control Committee and its agents shall have the right to enter upon any lot in the Subdivision when necessary and shall not be deemed a trespass for the purposes of: (a) inspection of property to determine compliance with the Declarations; (b)to deliver notification of breach of Declarations; or, (c) upon the failure by any Owner to cure a breach,within thirty days of written notification,the ACC may at its option make repairs or perform maintenance or otherwise undertake action to cure the breach to restore the appearance of the property involved to a reasonable attractive condition or otherwise bring such property into compliance with the Declarations. In the event Declarant elects to make repairs, perform maintenance or take other action pursuant to this section, Declarant will submit to the Owner or persons responsible for the property upon which or for whose benefit such notice. If Declarant's costs have not been paid after expiration of this thirty-day period, Declarant may thereafter record a lien against the Lot(including improvements thereon) for all costs (including reasonable attorneys' fees) incurred by the Declarant in performing the maintenance and in collecting such cots and foreclosing upon the line. This lien shall be junior to all other liens or encumbrances of record with respect to the Lot on the date this lien is recorded. This lien may thereafter be foreclosed upon in the manner provided by Colorado Law for foreclosing upon real estate mortgages. This lien e shall provide all sums expended by Declarant(including reasonable attorneys' fees) shall 10 be additional indebtedness secured by the lien. This Declaration is for the Benefit of the Owners,jointly and severally, the Association and of the ACC and may also be enforced by action for damages, suite for injunction, mandatory and prohibitive, and other relief, and by any other appropriate legal remedy, instituted by one or more Owners, the Association, the ACC, or any combination of the two. All costs, including reasonable attorney's fees, incurred by the Association or the ACC in connection with any successful enforcement proceeding initiated by the Association or the ACC (alone or in combination with Owners) shall be paid by the party determined to have violated the Declaration. Any party exercising its right to enforce this Declaration shall not be required to post any bond as a condition to the granting of any restraining order, temporary or permanent injunction or other order. Their rights and remedies for enforcement of this Declaration shall be cumulative, and the exercise of anyone or more of such rights and remedies shall not preclude the exercise of any of the others. 5.8 ACC Resolution of Ouestions of Construction: If any doubt or questions shall arise concerning the true intent or meaning of any of these Declarations,the ACC shall determine the proper construction of the provision in question and shall set forth in a written instrument duly acknowledged by the ACC and filed for record with the Clerk and Recorder of Weld County,the meaning, effect and application of the provision. These determinations will thereafter be binding on all parties so long as it is not arbitrary or capricious. ARTICLE VI - GENERAL PROVISIONS 6.1 Durations: Subject to the provisions of Section 6.2 of this Article, this Declaration shall remain in full force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in the Subdivision for a period of twenty (20) years from the date this Declaration is recorded and thereafter shall be automatically extended for successive periods of ten (10)years unless an instrument signed by the majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the Declaration in whole or part. 6.2 Amendments: This Declaration, or any portion thereof, may be amended or revoked at any time by an instrument in writing signed by the Owners of at least four of the Lots in the Subdivision. Any amendment shall be effective only upon the recordation of the written amendment or ratification thereof containing the necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be made which conflicts with any of the laws of the State of Colorado, or ordinances of Weld County. No amendment shall effect any rights of Declarants unless approved in advance by and consented to by Declarants in writing. 6.3 Severability: Any provision of this Declaration invalidated in any manner whatsoever shall not be deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 6.4 Disclaimer: No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any covenant or provision of this Declaration or Declaration to enforce any 11 Oct-22-02• o 11225A Hopka 303-9e -8230 P .01 covenant or provision hereof.This Section 6.4 may be pleaded as a full bar to the maintenance of any such action or arbitration brought in violation of the provisions of the Article 6,5 Waiver, No provision contained in this Declaration shall be deemed to have abrogated or waived by reason of any failure to enforce the same,regardless of the number of violations or breaches which may occur. y.6 Cgoligns: The captions herein are insetted only as a matter of convenience and for reference and in no way define,limit or describe the scope of this Declaration nor the intent of any provision hereof. 6.7 Construction: The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter,and the use of the singular shall be deemed to refer to the plural, and vise versa,when the context so requires. 61 Notices: Notices required or permitted by this Declaration shall be made in writing. Notice to a member of the Association shall be sufficient if sent by U.S.Mail,sufficient postage prepaid,to the last address given by such member to the Secretary of the Association. In such event,notice shall be deemed effective three(3)days after such deposit into the U.S.mail. Notices may also be given by certified or registered mail,or by band delivery. If band delivered. notice shall be effective on the date that delivery is accomplished. If sent by registered or certified mail,notice shall be deemed effective three(3)days after deposit into the U.S.mail, sufficient postage prepaid IN WITNESS WHEREOF,the undersigned being Owners of lots in Moores Manor Subdivision executed this Declaration the year and date indicated below. BY: fe° /` 1. .. Sty len �L Guttenstein STATE OF COLORADO ) COUNTY OF LARIMER ) The foregoing Declarations of Covenants,Conditions and Restrictions were su ribed,sworn to,and before me by Steve Kkn and Lori Outtenstein,on the day of �(t t zyn ,2002. Witness my hand and official seal. My commission expires: '3-7(7( • Np Z.: 0 ' 'to I too 3 r 1 Hello