HomeMy WebLinkAbout20002662.tiff Weld County Planning Dept.
August 10, 2000
AUG 31 2000
Department of Planning Services, Weld County R.ESC E I V E D
1555 North 17th Avenue
Greeley, CO 80631
Attn: Chris Gathman, Planner
Dear Mr. Gathman:
The undersigned are all residents and property owners of property located in Gilbaugh's Appaloosa
Acres PUD and have received word of the proposed replat of the PUD. The proposed replat has
raised serious concerns among all the undersigned, and since not all of us can be in attendance at the
planning commission hearing on September 5,2000,we chose to sign this letter, formally expressing
our concerns.
The proposed replat fails to contain the language which is very important to us and which was
contained in the original plat of Appaloosa Acres. Attached is a copy of the portion of the original
plat in 1973 reflecting that all roads other than the existing county roads shall remain drives to be
maintained by the owner of Lot 17.
We purchased our properties based upon the understanding that the owners of Lot 17 would continue
to bear the cost of maintaining the drives. We are fearful that if the county allows the proposed
replat to go through and to be recorded without the maintenance language, we may be seriously
harmed. It may be possible that the present owners of Lot 17, or subsequent owners of Lot 17,will
contend that they are not obligated to maintain the drives, contrary to our understanding. Therefore,
before the planning commission considers the proposed replat,we must object and urge the planning
commission to make certain that our rights are protected by requiring the addition of the maintenance
language on any proposed replat.
Some of us plan on attending the September 5 hearing, and will be able to speak to this issue further
and answer any questions which you may have. Thank you for your consideration.
Sincerely,
d`*' ' �.7t-� r 6ic` ; , 6. pJGt, Et1)
(signature) printed name, Lot 1
('gna e printed name, Lot 2
finch CP. CICA, �
(signature) printed name, 3 —
2000-2662
Department of Planning Services, Weld County
August 10, 2000
Page 2
(signature) printed name, Lot 4
(signature) printed name, Lot 5
(signature) printed name, Lot 6
44//4 /o"/(r"
signature) printed name, Lot 7
(signature) printed name, Lot 8
(signature) printed name, Lot 9
r )4(Dinclitafg 3-€d4\c_\ O-6
(signature) printed name, Lot 10
s ►de %• ,r\CQu.P, Vc \;h
(s Vin. e) printed name, Lot 11
/
(signagj2e) printed name, Lot 12
3WiE . Pre 5(et_
(signa e) printed name, Lot 13n
�1ti1, /Gw Bri (i y� k - ///
✓ Aks—c,
signature) printed n e, H Lot 14
(signature) printed name, Lot 15A g.(signature printed name, Lot 15f:Levy
„00Y, ?29 Re er.Ay m •3 p-/ (J
_ o'clock _._..__.MDEC 30 1971
Rec. No. 16511°:1 S Lee SI shoe, lr., Recorder
7,l
KNOW ALL:MEN BY THESE PRESENTS, Ivan Cilbaugh and
Joanne L. Gilbaugh being the owners of all of the following described
premises situated within the County of Weld, State of Colorado TO WIT:
All of Lots 1 through 14, inclusive in replat of Cilbaugh's
Appaloosa Acres, located in the West half of the Southwest Quarter
of Section 33, Township 7, North Range 65, West of the 6th PM,
Weld County, Colorado, have established a general plan for the
improvement and development of such premises and do hereby
establish-the covenants, conditions, reservations and restrictions-
upon which and subject to which all lots and portions of such lots
shall bo improved or sold and conveyed by them as owners thereof.
Each and every one of these covenants, conditions, reservations,
and restrictions is and all are for the benefit of each owner of land
in such subdivision or any interest therein and shall inure to and
pass with each and every parcel of such subdivision and shall bind
the respective successors in interest of the present owner thereof.
Those covenants, conditions, reservations and restrictions to be
construed as restrictive covenants running with the title to such
lots and with each and every parcel thereof to wit:
1. Residential use - Such lots and each and every one
thereof ire for single family residential purposes only except
Lot 1 which is for a duplex. -No building or structure intended for
or adapted to business purposes and not apartment house, lodging
house, rooming house, hospital, sanitorium, or Doctor's Office shall
be erected, placed, permitted or maintained on such premises or on
any part thereof. No residences shall be constructed with a floor
area of less them 1,400 sq. ft. exclusive of any garage or open
porch.
2. Construction Requirements - Each private dwelling
house erected upon any such lot shall have at least 75% of exterior
wall finish of brick, stone or masonry and no building shall have
a roof with a pitch of lees than 3 to 12. All roofs shall be of
9� a4
ra"3
bO,,.. 29 1651101
shake shingle or tile. No basement house, tent, shack, garage or
trailer, pre-fabricated structure, or any other out-buildings shall
be occupied or used as a residence either temporarily or permanently
and no corrals, out-buildings or facilities to house animals on any
lot shall be erected, except each lot owner may constrict a horse
barn not to exceed 12 x 24 feet and a corral not to exceed 20 x 20
feet. The construction of which must be of new materials compatiable
with the design of the residence.
3. Nuisances - No lot will be used for storage of lumber,
automobiles, trucks, or any other materials except during the
construction of a dwelling. No noxious or offensive trade or
activity shall be conducted upon any lot. No fowl, sheep, or
swine may be kept on any lot, except six (6) chickens may be kept
on any one of the lots if used for a 4-II project. No livestock
or fowl may be raised commercially on any of the lots. No signs
or other advertising shall be displayed on any lot. No wends,
underbrush, or other unsightly growth shall be permitted to grow
or remain upon the premises and no refuse pile or unsightly objects
shall be allowed to be placed or suffered to remain anywhere thereon.
4. Subdivision of Lots - None of the lots shall at any
time be divided into two or more building sites.
5. There are hereby reserved for the purpose of installing and maintaining public utility facilities and for such purposes
incidential to the development of the property, the easements for
the utilities and the maintenance of utilities and bridle paths shown
on the replat of Gilbaugh's Appaloosa Acres as recorded in Weld County
Records. No building or fence shall be erected over a utility
or bridle path easement. All claims for damages, if any, arising
out of the construction, maintenance, and repair of utilities or on
a000unt of temporary or other inconvenience caused thereby against
the subdivider or any utility company, or any of its agents or
(wi\ servants are hereby waived by the owners.
G7 ��
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PnpK
1651101
6. Setback Lines - No portion of any building shall be
located on any lot nearer than 40 feet to the front lot line or
nearer than 30 feet to any side street line in the case of corner
lots. No portion of any dwelling or attached garage orcarport
shall be located nearer than 15 feet to any interior side lot line
or rear lot line.
7. No more than two horses may be maintained by the
owner of any lot except upon obtaining permission of the committee
hereinafter provided for or as provided in Paragraph 8.
8. 4-H projects are encouraged limited to horses with
one per child, but not to-exceed four per lot or permission of the
owner of the pasture.
9. Fences - If lots are fenced, said fences to be pole-
tongue-and-groove, four feet high and kept in good repair.
10. Approval of Plan - For the purpose of further insuring
the development of the land so platted as an area of high standards,
f subdivider reserves the power to.control the building structures and
other improvements placed on each lot as well to make such exceptions
to these reservations and restrictions as the subdivider or committee
hereinafter designated shall deem necessary and proper.
Whether or not provision therefore is specifically stated
in any conveyance of a lot made by the subdivider, the owner or
occupant of each and every lot by acceptance of title thereto or by
taking possession thereof covenants and agrees that no building, wall,
or other structure shall be placed upon ouch lot unleaa and until the
plans and specifications therefore and the plot plan have been approved
in writing by the committee hereinafter provided.
Each such building, wall or structure shall be placed on the
premises only in accordance with the plan and specifications.
11. Plot Plan So Approved - Refusal of approval of plans
and specifications by such committee may be based on any ground
including purely aesthetic grounds which in the sole and uncontrolled
/"\ discretion of the committee seems sufficient. No alteration in the
n n.
?°° 729
1651101
5.4
exterior appearance of the buildings or structures shall be made
without like approval. If no committee exists or if the committee
shall fail to approve or disapprove the plans and specifications
• within thirty days after written request therefore then such approval
shall not be required provided that no building or other structures
shall be erected which violates any of the covenants herein contained.
12. Committee - The subdividers shall appoint one or more
persons to the committee herein referred to and. a successor
committee or committees shall also be appointed by the subdivider.
After January 1, 1985, all privileges, powers, rights and authorities
shall be exercised by and vested in a committee to be selected by
the owners of a majority of the lots in the subdivision.
13. Remedies for Violations - For a violation or a
breach of any of these reservations and restrictions by any person
claiming by, through or under the subdivider or by virtue of any
judicial proceedings, the subdivider and the lot owners or any of
them severally shall have the right to proceed at law or in equity
to compel the compliance with the terms hereof or to prevent the
violation or breach of any of them.
All of the foregoing covenants, conditions, and reservations
and restrictions shall continue and remain ip full force and effect
at all times as against the owner of any lot in such premises
regardless of how he acquired title until the commencement of the
calendar year 1985 at which time said covenants shall be automatically
extended for successive ten-year periods unless on or before the end
of one of such extension periods or the base -period the owners of
the majority of the lots in the subdivision shall by written
instrument duly record declare a termination or modification of the same.
Provided further than in the event any one or more of
the foregoing covenants, conditions, reservation-, or restrictions
shall be declared for any reason by a Court of competent jurisdiction
to be null and void, such judgment or decree shall not in any
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600,
729 16S1.t01
manner whatsoever affect, modify, change, abrogate or nullify any
of the covenants, conditions, reservations and restrictions not so
declared to be void. But all of the remaining covenants, conditions,
reservations and restrictions not so expressly held to be void
shall continue unimpaired and in full force and effect.
IN WITNESS WHEREOF Ivan Gilbaugh and Joanne L. Gilbaugh
have herein to set their hand and seals this 30th day of
December , A.D., 1974.
`.. .1.C/ rt.2_�;c-n . /
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I N GILBAUCII
(L--,,,`/Y(. I( ��..:,,1442
JOK NE L. GILBAUGII
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F
Subscribed to before me this 30th day of _December ,
tiL L 118'74 by Ivan Gilbaugh and Joanne L. Gilbaugh.
`
r ,.tares
!" Witness my hand and official seal.
• ;,t10TgA ; _ .
-;:,0,;„ . 0, in My commission expires: 7-9-77
t' .9 BLIC ...oe :
Notar Public
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. C7/OL
JUN.. .D Nib
Recorded o'clock .. M
Re< N„. 11..2490 S. Lee Shelve• Jr., Record.' Page 1 of
.
AMENDMENT TO THE PROTECTIVE COVENANTS OF GILBAUCH'S APPALOOSA ACRES
As executed the 30th'day of December, 1974, and recorded the 30th day of
December, 1974; Book 729, Rec. No. 1651101, with the Clerk and Recorder
of Weld County, Colorado.
Paragraph 3 NUISANCES shall be amended to read as follows;
3. NUISANCES - No lot will be used for storage of lumber, auto-
' mobilies, trucks, or any other materials except during the construction
of a dwelling. No noxious or offensive trade or activity shall be conducted
upon any lot. No fowl, sheep, or swine may be kept on any lot, except as .
px•ovided in paragraph 8. No livestock or fowl may be raised commercially
r.i
on any- of the lots. No signs or other advertising shall be displayed on
any lot. No weeds, underbrush, or other unsightly growth shall be per-
mitted to grow or remain upon the premises and no refuse pile or unsightly
objects shall be allowed to be placed or suffered to remain anywhere thereon.
Paragraph 8 shall be amended to read as follows:
8. 4-H projects are encouraged and limited to one horse, six
chickens, one lamb, or one calf per child per lot.
Paragraph 9 FENCES shall be amended to read as follows:
9. FENCES - All fences and fencing must be approved by the sub-
divider before being installed and must be kept in good repair at all times.
GTISAUGt APPALOOSA C. S
Iv Gilbaugh Jl
BY: 01,--x.-aa, X'
Joanne L. Gilbaugh
STATE OF COLORADO
COUNTY OF WELD ss.
Ii
' Subscribed and sworn before me this ,j'/ day of (.1 r1 r „,i.".•,�_,
1976, by Ivan Gilbaugh and Joanne L. Gilbaugh.
Witness my hand and official seal.
My commission expires:$y Commission exvkos h1� 11, 1960
�( Ae A (1, '/,Y,ik.fsr61 .�. :7
Notary Public
77(ac-
n(x,r, Em 1692490
770 V -J Page 2 2
Ralph 0. Foste
Sandra K. Foster
//
N i5 H. Leber
4.{`2r /.)i f/r? ,l ir'., CT-) /F62i
Rode Marie Saber
STATE OF COLORADO
COUNTY OF WELD ss.
Subscribed and sworn before me this -,27 day of ,Q r-;/
1976, by E _parmaroany .SU$7FxXyy Crfail EE; Norman II. Leber and Rose
Marie Laber.
Witness
my hand and seal +
MY commission expires: My Commissbn expires May ]I, 1980 n0, +
Notary Public
STATE OF COLORADO ss.
COUNTY OF WELD
Subscribed and sworn before me this 24th day of June
1976, by Ralph B. Foster and Sandra K. Foster.
Witness my hand and seal
It- commission expires s My Commission •1 pirci May II, 1980
Notary Public _CII /I c`\
tewN
r7/, L
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
toss
THE LAST DAY TO POST THE SIGN IS: �/ , �OOO . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM UBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
"I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
E8512.-3-631. THE SIGN WAS POSTED BY:
•a h_bf-(11 Lock mon
NAME OF PERSON POSTING SIGN rmN fil
SIGNATU E FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
nd
-SUBSCRIBED AND SWORN TO ME THIS 49DAY OF021-7,02-.÷-
01.00d
Li)?c,(
NOTARY PUBLIC LV
MY COMMISSION EXPIRES: a -°3 a4:74:3- I •
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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