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�Wi`Dfn APPLICATION FLOW
� SHEET
COLORADO
APPLICANT: Albert Challenger CASE#: S-605
REQUEST: Planned Unit Development Final Plan
LEGAL: Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 151/2, South of WCR 54
PARCEL ID#: 0957-29-000050
Date By
Application Received 07/23/01 JAC
Application Completed 07/23/01 JAC
Referrals listed 07/26/01 JAC
Utility Board Hearing 08/23/01 JAC
File assembled 1.14 .O1 eLLI
Letter to applicant mailed -) . 2.1 at 'U.0
Referrals mailed 1 . 7A•01
Chaindexed 1 • 11 •01
Vicinity map prepared
Field check by DPS staff — S // / /0 I
Administrative Review decision: ,stet '?, 6-/o/
jJ F Date By
County Commissioners Hearing Date(if
applicable)
Surrounding property owners notified _1
Air photo and maps prepared 7-So {
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts Road Impact Fee Area:
Zoning PUD Yes No_x_
Airport Yes No_x
Geologic Yes No_x_
Flood Hazard Yes_x No
Panel #080266-0615C
am -8o56
pits 73
'447D P.U.D Final Plan
hiDeAdministrative Review
COLORADO
CASE NUMBER: S-605 PLANNER: Julie A. Chester
APPLICANT: Al Challenger/Challenger Ranch Planned Unit Development Final Plan
ADDRESS: P.O. Box 448, Evergreen, CO 80439
REQUEST: Planned Unit Development Final Plan to create five residential lots and Open Space
including a Conservation Easement for a Heron Rookery
LEGAL DESCRIPTION: Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to WCR 15 %, South of WCR 54
ACRES: +/- 54 Acres PARCEL NUMBER: 0957-29-000050
THE DEPARTMENT OF PLANNING SERVICES'STAFF APPROVES THE REQUEST FOR THE
FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-
7-30 of the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as
follows:
a. Section 27-7-40.C.1—That the proposal is consistent with Chapters 19, 22,23 ,24
and 26 of the Weld County Code and any intergovernmental agreement in effect
influencing the PUD. The proposed PUD Final Plan is consistent with all the
applicable chapters of the Weld County Code and is not located within any
intergovernmental agreement areas. A.Goal 1 states"Preserve prime farmland for
agricultural purposes which fosters economic health and continuance of
agriculture."
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD
will conform with the performance standards of the PUD Zone District contained in
Article II, Chapter 27 of the Weld County Code. The proposal does conform with the
performance standards of the PUD Zone District and Change of Zone (Z-553).
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted by the
existing zoning, and with the future development as projected by Chapter 22 of the
Weld County Code or master plans of affected municipalities. The proposed site
does not lie within an urban growth area, nor is the applicant proposing an urban
S-605,Challenger Ranch PUD,Page 1
scale development. The application is for five residential lots and will be compatible
with existing and future development in the surrounding area. Weld County's Right
to Farm shall be recorded on the Final Plan plat, to notify all potential lot owners of
agricultural uses in the area.
d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made
available to the site to serve the uses permitted within the proposed PUD in
compliance with the performance standards in Article II, Chapter 27 of the Weld
County Code. Water will be provided from the Little Thompson Water District and
Individual Sewage Disposal Systems are required,per the Weld County Department
of Public Health and Environment specifications.
e. Section 27-7-40.C.5 -- That street or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone District. Final
roadway plans shall be approved by the Weld County Public Works Department,
prior to recording the Final Plat. The Department of Public Works has submitted
Conditions of Approval which require the internal road to be paved, according to
their standards. All other roadway issues have been addressed at the Change of
Zone portion of this PUD.
f. Section 27-7-40.C.6—In the event the street or highway facilities are not adequate,
the applicant shall supply information which demonstrates the willingness and
financial capacity to upgrade the street or highway facilities in conformance with the
Transportation Sections of Chapters 22, 24 and 26, if applicable.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding overlay
districts, commercial mineral deposits, and soil conditions on the subject site. The
proposed rezoning does not contain the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extraction to any greater extent than under
the present zoning of the property. This site has previously been gravel mined,
however, a majority of the property is located within the 100 year flood plain, as
identified on F.I.R.M. Panel map number 080266-0615C, dated September 28,
1982. All development and construction on the site will be required to adhere to the
Flood Hazard Development Permit (FHDP-396) at all times. The Weld County
Building Inspection Department is requiring engineered foundations for each
structure. A soils report will need to be included with blueprints when building
permits are applied for with the Weld County Building Inspection Department.
These issues are addressed through Conditions of Approval.
h. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria
listed in the development guide, and the final plan exactly conforms to the
development guide. The proposed PUD Final Plan uses are compatible with the
criteria listed in the developmental guide.
S-605,Challenger Ranch PUD,Page 2
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to recording the PUD Final Plat:
a. The plat shall include the following:
A.; 1) Weld County's current Right to Farm from Chapter 22,Comprehensive Plan
of the Weld County Code.
2) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area.
'ivtin b. The applicant shall obtain approval of the Restrictive Covenants for the Challenger
Ranch PUD Final Plan from the Weld County Attorney's Office and be ready for
recording in the Office of the Clerk and Recorder.
O The applicant shall provide evidence to the Department of Planning Services that
the conditions of the Weld County RE-5J School District, as stated in the letter
dated August 13, 2001, have been addressed.
d. Construction drawings for the roadways shall be submitted to the Department of
Public Works for review and acceptance. Evidence of approval shall be submitted
to the Department of Planning Services. ? ' - f t f"' �} �'-
e. A stop sign and street name sign shall be placed at all intersections.
zr Landscaping within the intersection sight distancetriangle shall be less than 3.5 feet
at maturity. , ?r ,
' The applicant shall submit a digital file of all drawings associated with the Final Plat
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable).
2. The Final Plat is conditional upon the following and each shall be placed on the Final Plat
as notes prior to recording:
A. The PUD shall consist of five(5)residential lots,with approximately forty-three(43)
acres of open space, including a Conservation Easement fora Heron Rookery. The
Final Plan allows for Estate type uses which shall comply with the Estate Zone
District requirements as set forth in 23-3-440 of the Weld County Code. Each of the
five lots shall be buildable. The open space shall be owned and maintained in
accordance with Section 27-6-660 of the Weld County Code.
B. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code
and with the Utility Board Hearing on August 23, 2001.
S-605,Challenger Ranch PUD,Page 3
C. The site will be serviced by Little Thompson Water District and Individual Sewage
Disposal Systems. A Weld County Septic Permit is required for each proposed
home septic system and shall be installed according to the Weld County Individual
Sewage Disposal System Regulations.
-D. The applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment,
if required. Silt fences shall be maintained on the down gradient portion of the
construction phase of the project.
f. During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Department of Public Health and Environment,
a fugitive dust control plan must be submitted.
F. In accordance with the Regulations of the Colorado Air Quality ControlCommission,
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions.
1) If land development creates more than a 25 acre contiguous disturbance,
or exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice,and apply
for a permit from the Colorado Department of Public Health and
Environment.
G. All development and construction shall comply with the Flood Hazard Development
Permit (FHDP-396) at all times.
H. The installation of any septic system within the 100-year flood plain shall comply
with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado
I.S.D.S. Regulations, no septic systems shall be installed within the floodway.
The site shall maintain compliance at all times with the requirements of the Weld
County Department of Public Works,Weld County Department of Public Health and
Environment, and the Weld County Department of Planning Services.
Proper building permits shall be obtained prior to any construction or excavation.
K. Building permits are required for dwellings and any accessory buildings being
constructed or moved onto the property.
L. All dwellings and some accessory structures will require an engineered foundation.
Such foundation design shall be based on a site-specific geotechnical report or an
"open hole" inspection made by a Colorado Professional Engineer.
S-605,Challenger Ranch PUD, Page 4
M. All buildings or structures shall maintain distances from property lines and adjacent
buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
N. At the time an application is accepted for a building permit a plan review will
be done. A complete review of the building or structure may reveal other
building issues or areas needing attention.
Q. Any signage located on the property shall require building permits and adhere to
Section 27-6-90 and Section 23-4-70 of the Weld County Code, when applicable.
P. All outdoor storage shall be screened from public rights-of-way, and adjacent
properties.
Q. No permanent disposal of wastes shall be permitted at this site.
R. The maximum permissible noise level shall not exceed the residential limit as
measured according to 25-12-103, Colorado Revised Statutes.
S. Approval of this plan may create a vested property right pursuant to Article VIII,
Chapter 23 of the Weld County Code.
T. No development activity shall commence, nor shall any building permits be issued
on the property until the final plan has been approved and recorded.
U. All development shall be subject to the requirements of the Change of Zone, as
approved December 13, 2000, by the Board of County Commissioners.
3. The Final Plat shall be submitted to the Department of Planning Services for recording
within 60 days of approval by the Department of Planning Staff. (Department of Planning
Services)
Julie A. Chester
Planner III
pc: S-605
•
S-605,Challenger Ranch PUD, Page 5
rto tr4„..)
DEPARTMENT OF PLANNING SERVICES
1555 N. 17'"AVENUE
I GREELEY, COLORADO 80631
WEBSITE:www.co.weld.co.us E- L: kogle@co.weld.co.us
C. PHONE I(9710) 353-6100,
AX O7(970) 304-6498
COLORADO
September 27, 2001
Gerry McRae
McRae & Short, Inc.
1231 8th Avenue
Greeley, CO 80631
Subject: Challenger PUD, Case number S-605, Final plat
Dear Mr. McRae:
The Department of Planning Services has reviewed the submitted mylars and blueline print of said
mylars for completeness of the issues to be resolved prior to submitting the Final Plat. Staff offers the
following comments:
The plat shall include the following (excerpt taken from staff comments prepared by Julie Chester dated
September 5, 2001):
-Weld County's current Right to Farm from Chapter 22, Appendix 22-E of the Comprehensive
Plan of the Weld County Code. Refer to www.colocode.com/weld for exact language.
The name of the street, which shall not conflict with any other street within the particular U.S.
Postal area. This item has been addressed to the satisfaction of the Department of Planning
Services.
The applicant shall obtain approval of the Restrictive Covenants for the Challenger Ranch PUD
Final Plan from the Weld County Attorney's Office and be ready for recording in the Office of the
Clerk and Recorder. This item has been addressed to the satisfaction of the Department of
Planning Services.
The applicant shall provide evidence to the Department of Planning Services that the conditions
of the Weld County RE-5J School District, as stated in the letter dated August 13, 2001, have
been addressed. This item has been addressed to the satisfaction of the Department of
Planning Services.
Construction drawings for the roadways shall be submitted to the Department of Public Works
for review and acceptance. Evidence of approval shall be submitted to the Department of
Planning Services. This item shall be addressed to the satisfaction of the Department of Public
Works. Please contact Drew Scheltinga at 970/356-4000 x 3570.
A stop sign and street name sign shall be placed at all intersections. This item shall be
delineated on the plat. Further a mail box/bus pull off area shall be delineated on the plat
/Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity.
Landscape treatment and trail location shall be delineated on the plat.
The applicant shall submit a digital file of all drawings associated with the Final Plat application.
Acceptable CAD formats are .dws, .dxf, and .dgn (Microstation); acceptable GIS formats are
.shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). f c 'c-
The Final Plat notes placed on the Final Plat are addressed to the satisfaction of the Department
of Planning Services.
v_The applicant shall submit an Improvements Agreement for review by the Weld County Attorney's office,
and the Departments of Public Works and Planning Services prior to recording of the S-605 Final Plat
for Challenger PUD.
The mylars submitted fro review may be picked up at our office. Please contact me in advance and I will
bake them available for you at the front counter.
Should you have any questions or need further information, I may be reached at the above address,
telephone number or e-mail address. Thank you for your submittal and inquiry into this case.
Sincerely,
•
Kim Ogle
Plann:r III
• Filet
cc: Al Challenger ecraPpl Ltd 5
Post Office Box 448
Evergreen,CO 80439 u Ti5
pc:File, S-605
rip DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 26, 2001
Albert Challenger
P.O. Box 448
Evergreeen, CO 80439
Subject: S-605- Request for a Planned Unit Development Final Plan on a parcel of land described as
Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado.
Dear Mr. Challenger:
Your application and related materials for the request described are being processed at the present time.
Our department will be processing the Sketch Plan in accordance with Chapter 27, Article III of the Weld
County Code. You will be notified by this office at the end of the review period regarding the Sketch
Plan.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the Johnstown and Milliken Planning Commission for their review and
comments. Please call Johnstown at 970-587-4664 and Milliken at 970-587-4331, for information
regarding the date, time and place of the meeting and the review process.
If you have any questions concerning this matter, please feel free to call or visit.
Sincerely,
Julie Chester
Planner III
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTfv)ENTSE ONLY:
Case Number G.rJ �(PO rj Application Fee: 4155C-
Zoning Distri O_ Receipt Number:
Date ?7 2 / Application Checked By:
(((((( Planner Assigned to Case: . 1
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the.Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final
Plan of this proposed subdivision of the following described unincorporated area of Weld County.
PART OF THE WEST HALF, SECTION 29, TOWNSHIP 5 NORTH, RANGE 67
LEGAL DESCRIPTION: WEST OF THE 6th P.M. , WELD COUNTY, COLORADO
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER: Q Q J_Z 9_Q-Q Q_Q_5_0_ (12 digit number found on Tax I.D. or obtained in Asessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION CHALLENGER RANCH P.U.D.
EXISTING ZONING P.U.D. CHANGE OF ZONE CASE NUMBER Z 553
TOTAL AREA(ACRES) 54± TOTAL AREA (acres)OF COMMON OPEN SPACE NONE
NO. OF PROPOSED LOTS SFE BELOW * LOT SIZE: AVERAGE 2.5± MINIMUM 2.0±
UTILITIES: WATER: NAME LITTLE THOMPSON VALLEY WATER DISTRICT
SEWER: NAME SEPTIC
GAS: NAME EXCEL
PHONE: NAME QUEST
ELECTRIC: NAME POUDRE VALLEY REA
DISTRICTS: SCHOOL: NAME JOHNSTOWN RE-5J
FIRE: NAME JOHNSTOWN FIRE DISTRICT
ENGINEERS NAME PHONE
ADDRESS PHONE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: (303)674-8422
NAME: Al RFRT mu I FWGFR HOME TELEPHONE:
ADDRESS: P.O. BOX 448. EVFRGREEN. CO 80439 BUS. TELEPHONE:
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME: SIERRA ENERGY ASSOCIATION, INC.
ADDRESS:
Signature: Owner or Au ortzed Agent
*FIVE BUILDING SIJES CONSISTING OF 4 RESIDENTIAL LOTS AND A BUILDING ENVELOPE ON LOT 1 -
AREA A WITHIN THE 42 ACRE AGRICULTURAL CONSERVATION EASEMENT. _
22
Index
1 . Application
2. Change of Zone
3. Certificate of Title
4. Certificate of Title for Public Dedications
5. Deeds for Public Purposes
6. Tax Certificate
7. Utility Companies' Design Certificate
8. Deed Restriction and Covenants
9. Improvements Agreements ( Road and Utility Plans)
10. Weld County Certificate of Offsite Access
11. Offsite Road Improvements Agreement
12. P.U.D. Construction Schedule
13. Statement of Financing
14. Certified List of Owners within 500'
15. Certified List of Mineral Owners on Property
16. Certificate of Compliance with Development Guide & Change of Zone
17. Final Plat
18. Landscape Plan Map
19. Utility Map
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
Signe Date:
Report Date: 06/20/2001 03:19PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8080900
ASSESSED TO:
CHALLENGER ALBERT S
PO BOX 448
EVERGREEN, CO 80439
LEGAL DESCRIPTION:
NW4/N2SW4 29-5-67 EXC BEG SW COR OF N2SW4 N1DE 1136.3' N62D31'E 652.3' N87D12'E 378.6'
S82D25'E 132.1' S22D23'E 580' 521D21'W 264.6' S31D21'E 547.3' S196.3' N89D41'W 1514.4'TO BEG
ALSO EXC 1A SCHOOL ALSO EXC LOTS A& B AMD REC EXEMPT RE-1207 ALSO EXC THAT PT
LYING NELY OF UPRR (.55R)
PARCEL: SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2000 TAX 2,272.92 45.46 0.00 2,318.38 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 06/20/2001 0.00
ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT -
Authority Mill Levy Amount Values Actual Assessed
0.000 2,272.92 - TAXES FOR 2000
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES. PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1.
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext. 3290
Cl
r: Applegate
Group, Inc.
August 22, 2001
Weld County Department of Public Works
1111 H Street
•
Greeley, CO 80632
Attention: Ms. Diane Houghtaling
RE: Challenger Ranch PUD
Access Road and Utilities
Dear Ms. Houghtaling:
Enclosed, for your review and approval, please find one set of revised drawings for this project,
as requested. The revisions incorporated into these drawings reflect the comments we received
during our recent meeting with you.
We have also made application to OmniTRAX for permission to enter into their right-of-way
adjacent to the site, in order to remove gravel placed there as part of the construction of the
temporary haul road associated with the now-completed gravel mining operation on Mr.
Challenger's property. A copy of our application to OmniTRAX is attached for your
information.
We trust that the designs presented on the enclosed drawings adequately address your indicated
questions and concerns regarding this project. If you have any further questions or comments,
please do not hesitate to contact us. Thank you for your assistance in this regard.
Yours truly,
Applegate Group, Inc.
1 .61 •
Larry C. Owen, P.E.
Project Manager
cc: Mr. Albert Challenger
AG Project File#00-250
1499 West 120th Avenue, Suite 200 www.applegategroup.com 5441 Boeing Drive,Suite 200
Denver, Colorado 80234-2728 Loveland,Colorado 80538-8855
rItApplegate
Group, Inc.
August 22, 2001
OmniTRAX, Inc.
Real Estate Department
252 Clayton Street, 4th Floor
Denver, CO 80206
Attention: Ms. Barbara Bums -
RE: Challenger Ranch, Weld County, Colorado
4.Application for Right of Entry
Dear Ms. Burns:
Enclosed, please find a completed Application for Right of Entry. This application is submitted
in connection with the proposal of our client, Mr. Albert Challenger, to remove the remnants of a
temporary, gravel haul road, previously placed within a portion of the Great Western Railroad
right-of-way adjacent to his property, and to restore the encroachment area to a condition
comparable to that existing prior to construction of the haul road. The portion of the right-of-
way from which the gravel is to be removed is located just west of Weld County Road (WCR) 15
'/1 and south of WCR 54, approximately two miles north of Johnstown, Colorado. The location
of the site is shown on the attached Figure 1.
The existing encroachment onto the GWRR right-of-way is the result of the construction,
approximately seven years ago, of a temporary haul road adjacent to the east boundary of Mr.
Challenger's property (west boundary of the GWRR right-of-way), to facilitate removal of sand
and gravel resources from the southern portion of the property. The length of the encroachment
is approximately 300 feet (in the interval from approximately 300 feet to 600 feet northwest of
the intersection of the rail line and WCR 15 'A) and the maximum extent into the right-of-way is
approximately eight feet. The fence line delineating the western boundary of the GWRR right-
of-way, which predates construction of the haul road, bows into the right-of-way throughout the
encroachment length, reflecting the presence of a wetlands area in the same location. When
constructing the haul road, the mining contractor altered the nominal alignment of the road
eastward, following the pre-existing fence line, in order to minimize impacts to the wetlands.
We have now received permission from the Corps of Engineers to construct a permanent road
along a straight alignment through these wetlands, paralleling the property line. As part of the
construction of that permanent road, it is necessary that the gravel previously placed within the
GWRR right-of-way be removed in order to ensure that a proper drainage path is maintained
between the rail line and the road. The proposed construction will also restore the full width of
the right-of-way for railroad use. Excavation of the gravel will not extend below the adjacent
natural ground surface, so there will be no undermining of the railway roadbed. Concurrent with
removal of the encroaching gravel, the disturbed area will be graded to promote efficient
1499 West 120th Avenue, Suite 200 www.applegategroup.com 5441 Boeing Drive,Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
Ms. Barbara Burns
August 22, 2001
Page 2of2
drainage in the area, and the graded surfaces will be revegetated with suitable native grasses to
limit possible future erosion and sediment transport. .
Upon receipt of your approval to proceed, the work will advanced expeditiously, with
completion expected within 90 days. The work will be conducted such that there will be no
further encroachment into the railroad right-of-way than already exists (all personnel, materials
and equipment will remain to the west of the existing fence) and all work within the right-of-way
will be conducted in accordance with applicable railroad rules and regulations.
We trust that you find our request and the supporting information acceptable, such that our
application may be approved without delay. If you have any questions or require further
clarification of any aspect of our proposal,please do not hesitate to contact us immediately.
Yours truly,
Applegate Group, Inc.
Larry C. Owen, P.E.
Project Manager
cc: Mr. Albert Challenger
AG Project File#00-250
08/17/01 FRI 14:50 FAX 3033935636 BR0E/0MNI ®002
.-. Application for Right of Entry
1) Name of Licensee • Albert S. Challenger
(Name to he shown on document)
If a corporation
(Ewer name of corporation and State of Incorporation)
NOTE:The corporate name of a company should be exactly as stated in its Articles of incorporation. Type of
Corporation,if other than a normal business corporation(this MUST be shown):
(Municipal, quasi-municipal,body politic, etc.)
If an individual Albert S, Challeneer
(Name of Individual and their address)
If an individual or corporation doing business under a trade name
(DBA or Trade Name)
If a partnership a partnership consisting of:
(Name of Partnership)
and
all of
(City and State)
2) 'Name and mailing address of individual to whom instrument is to be sent for execution: Albert S.
Challenger, PO Box 448 Evergreen, CO 80439
(Name and Address)
3) Address(billing address)to be shown on document if different than that shown in Item 2.
(Address)
4) Name and phone numbers of individual to contact in event of questions: Larry Owen, Applegate Group, Inc.
Telephone: 303-452-6611 Fax: 303-452-2759
5) Time period of your project and use of the Railroad Company's property? 90 days, remove previously con—
structed haul road.
6) When do you need to receive this agreement from the Railroad Company? ASAP
(Please allow 30-IS days for processing of this request)
7) Will there by any activity,material,vehicles or equipment within 50 feet of a railroad track in connection
with your project?
ES NO (If'YES',Railroad protective liability insurance will be required)
Within 25 feet? O (If'YES',a Railroad Flagman will be required at your sole cost.)
8) Will then be any excavation involved? 9131.1 gf'YES',include shoring plant/ Removal of previously placed
gravel road, but no excava on below original grade.
9) Site Location(City,County&State): Weld County. CO. north of .Tohnstown (see attached vicinity
10) Railroad Site Location Information:(Railroad Mile Post,,Subdivision,or any other pertinent location information map)
Attach map/site plan) see attached vicinity map.
I I) Purpose of your request:(This must be detailed mid compIx:e;ouch engurcering plans,shoring plane,if applicable,and
details to support)If you need additional room,please attach paper to this form. Removal of previously constructed
temporary haul road where it encroaches onto railroad right-of-way and
restoration of right-.f-way and appurtenant' drainage, to previous condition.
if application is approved,applicant agrees in reimburse Railroad for any cost intoned by Railroad Incident to installation,
maintenance,and/or supervision necessitated by this installation and further agrees to assume all liability for accidents or
injuries which arise as a result of this installation. A non-refundable document preparation fee in the amount of I'
5500.00(U.S.), payable to OmniTRAX,Inc.,should be attached. Please return application and prints to: OmniTRAX,Inc.
Ann: Real Estate Department.252 Clayton Street,4th Floor,Denver,CO 80206. Telephone Number: (3031393-0033,Fax
Number(303)393-8636.
Date:
"
Signaturc., 01..-‘5_,1.( (1 CQ.t.1gC / ...-x_.....)/
Name Printed: (�e--3E4( �� L K,i'L r�r ;'(`L
Title: C-L-t;:e•--1)Z"2_,_
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14O- . cilikuk,Nr s 12=643/1070 1975
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I. 10 70064 31i: 2 11280086 LEI' 19 7
ea,
DEED OF AGRICULTURAL CONSERVATION EASEMENT
-1S kb
THIS DEED OF AGRIC LTURAL CONSERVATION EASEMENT(the "Deed")is
made by -\r..8gc r �, f►<1-tri1 ()et _, whose address is
$bn 4-48 avea$a,eeA na $o 43.9- O4('f ("Grantor(s)"), to the Board of
County Commissioners of the County of Weld, a political subdivision of the State of Colorado,
whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado 80632 as Grantee,
("County").
WITNESSETH THAT:
WHEREAS, Grantor(s)are the owners in fee simple of certain real property in Weld
County, Colorado, more particularly described in Exhibit "A," which is attached hereto and
incorporated herein by this reference(the "Property"); and
WHEREAS, the Property possesses wildlife viewing and habitat, agricultural, open space
and scenic values of great importance to Grantor(s), the people of Weld County and the people of
the State of Colorado; and
WHEREAS. Grantor(s)intend that the Property be maintained in agricultural production
by the maintenance of the agricultural values thereof and that the wildlife viewing and habitat
open space and scenic values of the Property be preserved by the continuation of the agricultural
and/or ranching uses that have proven historically compatible with such values; and
WHEREAS, Grantor(s)intend, as owners of the Property, to convey to County the right
to preserve and protect the agricultural, open-space, wildlife viewing and habitat, and scenic
values of the property in perpetuity through this Deed of Agricultural Conservation Easement and
Development Rights from Grantor(s); and
•
WHEREAS, the County of Weld (the "County") desires to assist the Grantor(s) in
accomplishing such goals by accepting this Deed of Agricultural Conservation Easement and
Development Rights from Grantor(s), and thereby to honor the intentions of Grantor(s) to
preserve and protect in perpetuity the agricultural, wildlife viewing and habitat, open space and
scenic values of the Property; and
NOW, THEREFORE, for good and valuable consideration, and in consideration of the
mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws
of the State of Colorado including, inter-alia, C.R.S. §§ 38-30.5-101, et. seq., Grantor(s)do
hereby voluntarily grant to County an Agricultural Conservation Easement in gross in perpetuity
over the Property of the nature and character and to the extent hereinafter set forth (the
"Easement"). Grantor(s) also grant to County certain development rights associated with the
Property as hereinafter described.
Page I of 8 Pages
11111111111111111111111 fill LIMIER III IIIII IIII IIII D,
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I Purpose. It is the purpose of this Easement to enable the Property to remain in
agricultural use for the production of food and fiber by preserving and protecting in
perpetuity its agricultural values, character, use and utility, and to prevent any use of the
Property that would significantly impair or interfere with its agricultural values, character,
use or utility. Furthermore, the preservation of the wildlife viewing and habitat, open
space and scenic values of the Property is consistent with such use and it is also within
the purpose of this Easement to protect those values.
2. Affirmative Rights and Interests Conveyed. To accomplish the purpose of this
Easement, the following rights and interests are conveyed to County by this Easement:
a. To identify, to preserve and to protect in perpetuity the wildlife viewing and
habitat, agricultural values, character, use and utility, including the soil and water quality, and the
open space and scenic values of the Property. (The agricultural values, character, use and utility,
wildlife viewing and habitat, and the open space and scenic values of the property are hereinafter
referred to collectively as "the protected values.")
b. To enter upon, inspect, observe, and study the Property for the purposes of(I)
identifying the current uses and practices thereon and the baseline condition thereof, and (2)
monitoring the uses and practices regarding the Property to determine whether they are consistent
with this Easement. Such entry shall be permitted upon prior notice to Grantor(s), and shall be
made in a manner that will not unreasonably interfere with Grantor(s)' use and quiet enjoyment
of the Property.
c. To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use However, it is the intention of this
Easement not to limit Grantor(s)' discretion to employ their choices of farm and ranch uses and
management practices so long as those uses and practices are consistent with the purpose of'this
Easement
d. Subject to Grantor(s)' consent, which shall not be unreasonably withheld, to erect
and maintain a sign or other appropriate marker in a prominent location on the Property, visible
from a public road, bearing information indicating that the Property is protected by County. The
wording of the information shall be determined by County, but shall clearly indicate that the
Property is privately owned and not open to the public. County shall be responsible for the costs
of erecting and maintaining such sign or marker. Also subject to Grantor(:;)' consent, which shall
not be unreasonably withheld, the County may erect a viewing stand and parking lot for wildlife
viewing in an area described in Appendix B in which case a fence, in a design agreeable to both
parties, shall be constructed to limit public access on the remaining portion of the parcel_
e Subject to Grantor(s)' consent, which shall not be unreasonably withheld, to
create wetlands, not inconsistent with this easement, at County's expense County shall he
responsible for engineering, construction and regulatory approvals
•
( Pa.,e 2 of 8 Pages
I RED 11111 11111 11111 11111111 111 11111 V71/•
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f. To hold the development rights to obtain zoning and subdivision or PUD approval
to create a parcel less than 35 acres in size including any portion of this easement provided,
however, grantor shall not be precluded from including in a zone change and subdivision or PUD
provided the applications or approvals do not purport to authorize uses inconsistent with this
easement.
3. Uses and Practices. County and Grantor(s) intend that this Easement shall confine the
uses of the Property to agriculture, ranching, wildlife viewing and habitat„ and/or the
other uses which are described herein. Examples of uses and practices which are
consistent with the purpose of this Easement, and which are hereby expressly permitted,
are set forth in Exhibit "C," attached hereto and incorporated herein by this reference.
Examples of uses and practices which are inconsistent with the purpose of this Easement,
and which are hereby expressly prohibited, are set forth in Exhibit "D" attached hereto
and incorporated herein by this reference. The uses and practices set forth in Exhibits C
and D are not necessarily exhaustive recitals of consistent and inconsistent activities,
respectively. They are set forth both to establish specific permitted and prohibited
activities, and to provide guidance in determining the consistency of other activities with
the purpose of this Easement.
4. Baseline Data. In order to establish the present condition of the Protected Values,
County has examined the Property and prepared a report(the "Baseline Documentation
Report") containing an inventory of the Property's relevant feature: and conditions, its
improvements and its natural resources (the "Baseline Data"). A copy of the Baseline
Documentation Report has been provided to Grantor, and another shall be placed and
remain on file with the Clerk to the Board of County Commissioners of the County. The
Baseline Data, in the alternative, may consist of video or photographic documentation
prepared by one of the parties and accepted as accurate by the non-preparing party The
Baseline Documentation Report, if written, has been signed by Grantor(s) and County,
and thus acknowledged accurately to represent the condition of the Property at the date of
the conveyance of this Easement. The parties intend that the Baseline Data shall be used
by County to monitor Grantor(s)' future uses of the Property and practices thereon. The
parties further agree that, in the event a controversy arises with respect to the condition of
the Property or a particular resource thereof, the parties shall not be foreclosed from
utilizing any other relevant document, survey, or report to assist in the resolution of the
controversy. Grantor(s) and County recognize that changes in economic conditions, in
agricultural technologies, in accepted farm and ranch management practices, and in the
situations of Grantor(s) may result in an evolution of agricultural uses of the Property,
provided such uses are consistent with this Easement.
5. Reserved Rights. Grantor(s) reserve to themselves, and to their personal representatives,
heirs, successors, and assigns, all rights accruing from their ownership of the Property,
including the right to engage in or permit or invite others to engage in all uses of the
Property that are not expressly prohibited herein and are not inconsistent with the purpose
of this Easement. Without limiting the generality of the foregoing, the following rights
are expressly reserved. (1) all right, title, and interest in and to all tributary and non-
•
Page 3 of 8 Pages
11111111111 liiill 1111111111 Minn Fill IIII •
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r.
tributary water, water rights, and related interests in, on, under, or appurtenant to the
Property, provided that such water rights are used on the Property in a manner consistent
with the purpose of this Easement; and (ii) all right, title, and interest in subsurface oil,
gas and minerals; provided, however, that the manner of exploration for, and extraction of
any oil, gas or minerals shall be only by a subsurface method, and shall not damage,
impair or endanger the protected values of the Property and (iii) opportunity to apply for
and obtain a Planned Unit Development or subdivision approval from the County or
municipality with jurisdiction, so long as said applications do not seek uses inconsistent
with the provisions of this easement and County has been provided notice of said
proceedings.
6. Arbitration. If a dispute arises between the parties concerning the consistency of any
proposed use or activity with the purpose of this Easement, and Grantor(s) agree not to
proceed with the use or activity pending resolution of the dispute, either party may refer
the dispute to arbitration by request made in writing upon the other.
7. County's Remedies. If County determines that Grantor(s) are in violation of the terms of
this Easement or that a violation is threatened, County shall give written notice to
Grantor(s) of such violation and demand corrective action sufficient to cure the violation
and, where the violation involves injury to the Property resulting from any use or activity
inconsistent with the purpose of this Easement, to restore the portion of the Property so
injured. If Grantor(s) fail to cure the violation within thirty(30)days after receipt of
notice thereof from County, or under circumstances where the violation cannot
reasonably be cured within a thirty(30) day period, fail to begin curing such violation
within the thirty (30) day period, or fail to continue diligently to cure such violation until
finally cured, County may bring an action at law or in equity in a court of competent
jurisdiction to enforce the terms of this Easement, to enjoin the violation by temporary or
permanent injunction, to recover any damages to which it may be entitled for violation of
the terms of this Easement or injury to any protected values, including damages for any
loss thereof, and to require the restoration of the Property to the condition that existed
prior to any such injury. If County, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the protected values
of the Property, County may pursue its remedies under this paragraph without waiting tirr
the period provided for cure to expire. County's rights under this paragraph apply equally
in the event of either actual or threatened violations of the terms of this Easement, and
Grantor(s) agree that County's remedies at law for any violation of the terms of this
Easement arc inadequate and that County shall be entitled to the injunctive relief
described in this paragraph, both prohibitive and mandatory, in addition to such other
relief to which County may be entitled, including specific performance of the terms of
this Easement, without the necessity of proving either actual damages or the inadequacy
of otherwise available legal remedies. County's remedies describer in this paragraph
shall be cumulative and shall be in addition to all remedies now or hereafter existing at
law or in equity.
7.1 Costs of Enforcement. Any costs incurred by County in enforcing the terms of
Paste 4 of 8 Pages
1111111 11111 11111 III 13111 111 1 1111 IM RE
2737768 12/09/1999 03:30P JA Sukl Tsukamoto .\t•4 of 13 R 0.00 0 0.00 Weld County CO
•
this Easement against Grantors, including, without limitation, costs of suit and attorneys'
fees, and any costs or restoration necessitated by Grantors'violation of the terms of this
Easement shall be borne by Grantors. If Grantors prevail in any action to enforce the
terms of this Easement, Grantors' costs of suit, including, without limitation, attorneys'
fees, shall be borne by County.
7.2 County's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of County, and any forbearance by County to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantors shall not be
deemed or construed to be a waiver by County of such term or of any subsequent breach
of the same or any other term of this Easement or of any of County's rights under this
Easement. No delay or omission by County in the exercise of any right or remedy upon
any breach by Grantors shall impair such right or remedy or be construed as a waiver.
7.3 Acts Beyond Grantors' Control. Nothing contained in this Easement shall be
construed to entitle County to bring any action against Grantors for any injury to or
change in the Property resulting from causes beyond Grantors' control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken by
Grantors under emergency conditions to prevent, abate, or mitigate significant injury to
the Property resulting from such causes.
8. Costs and Taxes. Grantors retain all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep and maintenance of the
Property. Grantors shall pay any and all taxes, assessments, fees and charges levied by
competent authority on the Property or on this Easement. It is intended that this
Easement constitute an enforceable restriction within the meaning of C.R.S. §§ 38-30.5-
101, et. seq.
9 HuId Harmless. Grantors shall hold harmless, indemnify, and defend County and its
directors, officers, employees, agents, and contractors and the heirs, personal
representatives. successors, and assigns of each of them (collectively "Indemnified
Parties") from and against all liabilities, penalties, costs, losses, damages, expenses,
causes of action, claims, demands, or judgments, including, without limitation,
reasonable attorneys' fees, arising from or in any way connected with:(I) injury to or the
death of any person, or physical damage to any property, resulting from any act, omission,
condition, or other matter related to or occurring on or about the Property, regardless of
cause, except to the extent of the adjudicated proportionate fault of any of the
Indemnified Parties; (2) the obligations specified in Paragraph 8.
10. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement unless and until a viewing stand is constructed in accordance
with paragraph 2 d herein, in which case, the right of access shall he limited to the area
described in paragraph 2.d.
I I Extinguishment. Ifcircumstances arise in the future such as render the purpose of this
Page 5 of 8 Pages
1 In 11111111111 nil 111111(111111111 III 11111I1111111
2737758 12/09/1999 03:30P JA Sukl Tcukamoto \
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Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the compensation to which County shall be entitled from
any sale, exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined, unless otherwise
provided by Colorado law at the time, in accordance with Paragraph 12.
12. Compensation. This Easement constitutes a real property interest immediately vested in
County. For the purpose of paragraph 12, the parties stipulate that this Easement has a
fair market value determined by multiplying (i)the fair market value of the Property
unencumbered by the Easement(minus any increase in value attributable to
improvements made after the date of this grant), by (ii) the ratio of the value of the
Easement at the time of this grant to the value of the Property,unencumbered by the
Easement, at the time of this grant.
For the purposes of this Paragraph 12, Grantor and County agree that the ratio of the
value of the Easement to the value of the Property unencumbered by the Easement is 1.2.
This ratio shall remain constant.
13. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power
of eminent domain, County shall be entitled to compensation in accordance with
applicable law.
14. Assignment of County's Interest. County may assign its interest in this Easement
only to a "qualified organization," within the meaning of Section 170(h) of the Internal
Revenue Code of 1954, as amended, or any successor provision, and which is authorized
to acquire and hold conservation easements, under applicable law, upon obtaining the
prior written consent of Grantor(s). Any assignment without such consents shall be void
and of no effect. Such consents shall not be unreasonably withheld by Grantor(s).
15. General Provisions.
a. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary not
withstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose
of this Easement and the policy and purpose of C.R.S. §§ 38-30.5-101, et. seq. If any provision
in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this
Easement that would render the provision valid shall be favored over any interpretation that
would render it invalid.
c. Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement,
or the application of such provision to persons or circumstances other than those as to which it is
Page 6 of 8 Pages
found to be invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged herein.
e. No Forfeiture. Nothing contained herein shall result in a forfeiture or reversion of
Grantor's title in any respect.
Joint Obligation. The obligations imposed by this Easement upon Grantor(s)shall
be joint and several.
g. Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
h. Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
Future Conveyance. Grantor(s) agree that reference to this Deed will be made in
any subsequent deed or other legal instrument by means of which they convey any interest in the
Property(including but not limited to a leasehold interest).
J. Not Governmental Approval. No provision of this Easement nor the approval by
the County of a grant for the acquisition of this Easement shall constitute governmental approval
of any improvements, construction or other activities which may be permitted under this
Easement.
k. No Waiver of Immunity. No portion of this Easement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess, nor
shall any portion of this Easement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Easement .
No Third Party Beneficiary Enforcement It is expressly understood and agreed
that the enforcement of the terms and conditions of this Easement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Easement shall give or allow any claim or right of action whatsoever by any other person not
included in this Easement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Easement shall be an
incidental beneficiary only.
Page 7 of R Pages
I nil 11111 11111 11111 III IIIIIUI HIED 1111 1111 i.
2737758 12/09/1999 03:30P JA Sukl Taukamoto
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I (�
IN WITNESS WHEREOF, Grantor(s) have executed this Deed of Conservation
Easement this / M day of orp,ea%(_ , I9 e”
GRANTOR(S)
(0 0 )
D�r�t/J!n/
The forgoing instrument was acknowledged before me this II0a day of Yer .(Z ,
1999. by Albr&--t 5. (`IP-Oteicio2 .
•
'tness my hand and official seal.
O� Yllfiy ..,:,•ission expires:
•
• =I J�EANrD... 'n / .
{GJ1.LINDH/IM f J
MYCornmission Egan MarM2t%2002 ACCEPTANCE
County, the County of Weld, a political subdivision of the State of Colorado,by and through
the Board of County Commissioners of the County of Weld, hereby accepts this DEED OF
AGRICULTURAL CONSERVATION EASEMENT and agrees to abide by the terms set forth
herein.
COUNTY OF WELD,A POLITICAL
sE���, SUBDIVISION OF THE STATE OF
ATTEST: COLORADO
•
WELD N LE4't "
OTH :OA'
BY: c." < .k ,` jO -J ( ? /
DEPUTY CLERK TO THE B. i 4� Dale
K. Hall, Chair Iii-2;-41)
VW Board of County Commissioners of the
County of Weld
M'will LLMEASI:MIjNT\C1 IALLLNr UER.WPD
Page 8 of 8 Pages
111111111111111111111111111 III 11111111III IIIII IIII IIII
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y-.
IliCPHONE (303) 733-1016 1705 PIERCE STREET
IARU(000. COLORADO 80214
November 2. 1999 uerberl u. tttnn Legal Description
REGISTERED IAND SURVEYOR Certificate No. 99038
Al Challenger
Legal Description of Outlot "A"
That port of the Southwest quarter of Section 29, Township 5 North, Range 67 West of the
Sixth Principal Meridian, County of Weld, State of Colorado, described os follows:
COMMENCING of the Southeast corner of the North half of the Southwest quorter of said
Section 29, whence the center of said Section 29 bears North 00' 02' 14" East o distance
of 1311.54 feet; running thence South 89' 58' 46" West a distance of 30.00 feet to the
TRUE POINT OF BEGINNING on the Westerly right—of—woy line of Weld County Rood 15 1/2;
thence South 89' 58' 46" West o distance of 1107.75 feet; thence North 01' 02' 01" West
a distance of 183.69 feet; thence North 31' 28' 10" West a distance of 540.66 feet; thence
North 15' 06' 20" Eost a distance of 255.51 feet; thence North 65' 42' 24" East o distance
of 175.00 feet: thence South 24' 12' 07" East o distance of 754.72 feet; thence North 89'
58' 46" Eost a distance of 858.00 feet, more or less, to a point on said Westerly right—of—way
line; thence South 00' 02' 14" West, along said right—of—way line, a distance of 275.00 feet,
more or less. to the TRUE POINT OF BEGINNING, containing on area of 509,384.6 square feet
or 11.6939 acres, more or less.
Surveyor's Certificate:
I certify That I prepared the above legal description.
/_Herbert it Ginn' „ L.S. 12840
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2737768 12J09/1999 03:30P JA Sukl Tiukamoto
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An area within the property described in Exhibit "A" lying within 200' of the south right-
of-way line of Weld County Road 15 Y,..
M.mI'I8LES r..ASl?MLNTS1fX I ICHAI.T..WPI)
( 11111111111111111110 IIIII III 11111111 III 111111 III III! .
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„,C”
Consistent Act
Agriculturally related buildings and structures are permitted if (i) they are not used for
residential purposes; (ii) they are constructed and used as accessory structures to a single
principal use of agriculture; and (iii) they are determined to be in accordance with county land
use regulations under presently existing zoning. However, it is the intention of this Easement not
to limit Grantor(s)'discretion to employ their choices of farm and ranch uses and management
practices so long as those uses and practices are consistent with the purpose of this Easement.
Mowing, weed control, grazing, buildings to house agricultural implements or feed, control of
vermin by the grantor are also considered consistent.
M WI'Ii1.1YEASEMFNISW.XIICIIAI.I..WI'U
1111111111111111111111111111 III 11111111111111111 111 IIII ��'
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r. ,••.•
Inconsistent Acts
Construction of a residence or placement of a mobile home or manufactured home for any
purpose or the storage and parking of motor vehicles, whether or not operative, or tractor trailers
is deemed inconsistent. No hunting or fishing shall be allowed on the Property. No commercial
kennels shall be allowed on the Property. No disposal or storage of solid or hazardous waste
shall occur but this shall not preclude the storage or disposal of agricultural waste which is
exempt from the definition of solid waste under the Solid Waste act nor the legal use of
pesticides, herbicides, fungicides or rodenticides or hazardous substances in accordance with
ordinary farm practices. Timber harvesting or systematic removal of trees or shrubs shall be
deemed inconsistent hut this shall not preclude tree trimming which does not jeopardize the
heron rookery.
HRH IIIN1111(11111111111III HMI 01111111 (11IIII
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HOES,
ARTICLES OF INCORPORATION
2GDI JUN 2 ; PI 7: 07
OF
SEC{:,_;„
STt'1 Oi
CHALLENGER RANCH HOMEOWNER'S ASSOCIATION, I:
(A Non-Profit Corporation)
The undersigned person, acting as incorporator of a non-profit corporation under the
Colorado NonProfit Corporation Act, Articles 121-101, et seq. of Title 7 of the Colorado
Revised Statutes, as amended, does hereby sign and acknowledge the following Articles of
Incorporation for such corporation:
ARTICLE I
(a) The name of the Corporation shall be Challenger Ranch Homeowner's
Association, Inc. (referred to as "the Corporation").
(b) The existence of the Corporation will be perpetual.
(c) The initial registered office of the Corporation will be located at 2942 Evergreen
Parkway, Suite 208, Evergreen, CO 80439
(d) The initial registered agent of the Corporation is Patrick W. Johnson, Esq.
whose address is 2942 Evergreen Parkway, Suite 208, Evergreen, CO 80439.
(e) The principal office of the Corporation shall be located at 2942 evergreen
Parkway, Suite 208, Evergreen, CO 80439.
ARTICLE II
The Corporation is organized and shall be operated exclusively for the following
purposes and have the following powers and limitations:
(a) To provide for architectural control of all residents' Lots, and for the care,
maintenance, preservation and appurtenant to that certain real property
described on Exhibit A (referred to as the Project), to perform all obligations
and duties and exercise all rights and powers of Challenger Ranch Homeowner's
Association, Inc. (the "Association"), as specified in the Declaration of
Covenants, Conditions and Restrictions for the Challenger Ranch Homeowner's
Association, Inc., referred to in these Articles as the Declaration, as it may be
amended from time to time as provided for therein, relating to the property
described in the Declaration and consisting of five (5) homesites in
unincorporated Weld County, Colorado; to be the Association referred to in the
Declaration; to administer the provisions of the Declaration; and to assess
property owners in accordance with the Declaration.
(b) To exercise all of the powers and privileges and to perform all the duties and
obligations of the Association as set forth in the Declaration, but subject to the
duly adopted By-Laws of the Association.
(c) To fix, levy, collect and enforce payment by any lawful means of charges and
assessments.
(d) To pay all expenses of the business of the Association, including all license and
permit fees, insurance(s), taxes and other governmental charges levied or
imposed against the Association or the property of the Association.
(e) To borrow money, and mortgage, pledge, deed in trust or hypothecate any or all
of its real or personal property as security for money borrowed or debts
incurred.
(t) To compromise, settle, release and otherwise adjust claims, demands, causes of
action and liabilities in favor of the Association and the Owners, or on behalf of
the Association and Owners, as the case may be, provided any such claim,
demand, cause of action or liability arises out of or relates to a condition or
defect common to all or a majority of the lots or improvements constructed
thereon, or to the development design, construction, condition, repair or
maintenance of or damage or injury to or defect in the common area of the
development or part thereof, and to make and receive all payment or other
consideration necessary therefor or in connection therewith.
(g) To dedicate, sell or transfer all or any part of the Common Area and facilities to
any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the Members as is provided for in the
Declaration.
(h) To enter into licenses, maintenance agreements, and other contracts with public
agencies, authorities or utilities for use and maintenance of the property owned
by such entities and/or for other purposes as may be in the interests of the
Association.
(i) To exercise all rights and powers conferred by the laws of the State of Colorado
upon nonprofit corporations and corporations organized under the Colorado
Common Interest Ownership Act, including but not limited to the power to
acquire by bequest, devise, gift, purchase, lease or otherwise any property of
any sort or nature without limitation as to its amount or value, and to hold,
invest, reinvest, manage, use, apply, employ, sell, expend, disburse, lease,
mortgage, convey, option, donate or otherwise dispose of such property and the
income, principal and proceeds of such property for any of the purposes set
forth in these Articles of Incorporation.
0) To do all other things incidental thereto or in connection therewith which are not
forbidden by the nonprofit corporations laws and common interest ownership
laws of the state in which this corporation may operate, or any other laws now
or hereafter in effect, or by these Articles of Incorporation.
(k) The Corporation shall be operated exclusively for nonprofit purposes as set forth
in these Articles, and no part of the income or assets of the Corporation shall
inure to the benefit of, or be distributable to its directors, trustees, officers, or
other private persons, except that the corporation shall be authorized and
empowered to pay reasonable compensation for services rendered and to make
payments and distributions in furtherance of the purposes as set forth in these
Articles and as permissible under law.
ARTICLE III
The Corporation shall have voting members whose eligibility and identification shall be
as provided in the By-Laws and who shall have all the rights and privileges of members of the
Corporation. The voting members shall consist of those persons who are the record fee simple
title holders of lots in Challenger Ranch, as set forth in the Declaration of Covenants,
Conditions and Restrictions for such subdivision and recorded in the public records of Weld
County, Colorado, and as shown on the plat for such subdivision, all as relating to the real
property described in Annexure "A" attached hereto.
The only voting member shall be the developer of the subdivision until such time as
control of the homeowner's association is transferred from the developer to the owners as set
forth in the Declaration. Each Owner (and the developer for such time as it continues to own a
lot or lots) shall thereafter be a voting member as set forth in the Declarations and By-Laws,
and his or her voting privileges cannot thereafter be suspended or removed as long as he or she
remains a record owner. The initial voting member is the developer, and the name and
address of the initial voting member is Albert S. Challenger, of Evergreen, CO.
ARTICLE IV
The business, affairs, activities and property of the Corporation shall be managed,
directed, governed and controlled, and the powers of the Corporation shall be vested in and
exercised by a Board of Directors as follows:
(a) The number of directors constituting the initial Board of Directors of the
Corporation is three (3), and the names and addresses of the persons who are to
serve as the initial directors until their successors shall have assumed office or
been selected, as the case may be, and shall have qualified, are:
1. Albert S. Challenger, 27160 State Hwy. 74, P.O. Box 448, Evergreen, CO
80437-10448
2. Albert P. Challenger, 2106 Routt Street, Lakewood, CO 80215
3. Eunice E. Challenger, 2106 Routt Street, Lakewood, CO 80215
(b) The manner in which the directors are designated shall be as prescribed in the
By-Laws of the Corporation. The voting members shall elect the directors at
the annual meeting of the voting members. The By-Laws may provide for ex
officio and honorary directors, and their rights and privileges.
(c) The directors shall serve without compensation. -
(d) The officers of the Corporation, as provided by the By-Laws of the Corporation,
shall be elected or appointed by the directors, in the manner therein set forth,
and shall serve until their successors are elected or appointed and have qualified.
The directors shall elect or appoint the regular officers of the corporation at the
annual meeting, for terms of one year. The secretary and treasurer may be one
and the same person, and need not be a director of the Corporation.
(e) No contract or other transaction between the Corporation and one or more of its
directors or any other corporation, firm, association or entity in which one or
more of its directors is a director or officer or is financially interested shall be
either void or voidable solely because of such relationship or interest or solely
because such directors are present at the meeting of the Board of Directors or a
committee thereof which authorizes, approves or ratifies such contract or
transaction or solely because their votes are counted for such purpose if:
1. The fact of such relationship or interest is disclosed to or known by the
Board of Directors or committee which authorizes, approves or ratifies
the contract or transaction by a vote or consent sufficient for the purpose
without counting the votes or consents of such interested director or
directors; or
2. The contract or transaction is fair and reasonable to the Corporation.
Common or interested directors may be counted in determining the presence of
a quorum at a meeting of the Board of Directors or a committee thereof which
authorizes, approves or ratifies such contract or transaction.
ARTICLE V
(a) The Corporation shall indemnify any director, officer, or former director
or officer of the Corporation or any person who may have served at its
request as a director or officer against expenses actually and reasonably
incurred by him/her in connection with the defense of any action, suit or
proceeding, civil or criminal, in which he/she is made a party to by
reason of being or having been a director or officer, except in relation to
• matters as to which he/she is adjudged in such action, suit or proceeding
to be liable for negligence or misconduct in the performance of duties to
the Corporation or for unlawful conduct in connection therewith.
(b) The indemnification provided under this article shall not be deemed
exclusive of any other rights to which those indemnified may be entitled
under any law, By-Law, agreement, vote of disinterested directors, or
otherwise, and any procedure provided for by any of the foregoing, both
as to action in an official capacity and as to action in another capacity
while holding such office, and the provisions of this Article shall
continue to apply to a person who has ceased to be a director, officer,
employee, or agent and shall inure to the benefit of heirs, executors, and
administrators of such person.
(c) No director shall be personally liable to the Corporation for monetary
damages for any breach of fiduciary duty as a director, except that no
director's liability to the Corporation for monetary damages shall be
eliminated or limited on account of any of the following:
(1) Any breach of the director's duty of loyalty to the Corporation;
(2) Any acts or omissions of the director not in good faith or that
involve intentional misconduct or a knowing violation of law;
(3) Any acts of the director specified by law as exceptions to
indemnification;
(4) Any transaction from which the director received improper
personal benefit.
ARTICLE VI
The Corporation shall have no capital stock.
ARTICLE VII
By-Laws of the Corporation shall be adopted by the Board of Directors and may be
altered, amended or rescinded by the Board of Directors, so long as they are not inconsistent
with the provisions of these Articles.
ARTICLE VIII
In the event of the liquidation or dissolution of the Corporation, whether voluntary or
involuntary, and only as provided for herein, no director shall be entitled to any distribution or
division of its remaining property or such proceeds, and the balance of all money and other
property received by the Corporation by any source, after the payment of all debts and
obligations of the Corporation, shall be distributed exclusively to its current members or
otherwise as provided by law.
ARTICLE IX
Notwithstanding anything herein to the contrary, neither the homeowners' association,
nor its obligation to maintain any areas as set forth on the Plat, may be dissolved, eliminated or
in any way abrogated without the advance written approval of Weld County, Colorado, which
approval shall not be unreasonably withheld provided adequate assurance and provision is
made for continued maintenance of the specified areas as set forth on the Plat at other than
public expense.
ARTICLE X
The Corporation reserves the right to amend, alter, change or repeal any provision
contained in, or to add any provision to, its Articles of Incorporation from time to time in any
manner now or hereafter prescribed or permitted by the laws of the State of Colorado, except
that no amendment, alteration, change or repeal of any provision hereof shall have the effect of
changing the purposes of this Corporation as set forth herein or the effect of permitting any of
the net earnings of the Corporation to inure to the benefit of any private individual.
Signed by the incorporator this icar day of•_3(2,0e,- , 2001.
CAL '
Name: Albert Challen r
Incorpqrator
4+5
Address: �-
Et <3,4'
e2c42)6)
CONSENT OF REGISTERED AGENT
The undersignedl4 iy-riic c v.) I H oc,tJ, hereby consents to and accepts by such
signature, the appointment as initial registered agent for the within nonprofit corporation,
Challenger Ranch Homeowner's Association, Inc.
Dated this r, day of c ti = , °t 1.
State of Colorado )
)ss.
County of Jefferson )
I, /` la, W-729 ,t) a Notary Public, hereby certify that Albert S.
Challenger known to me to be the person whose name is subscribed to the annexed and
foregoing Articles of Incorporation and over the age of 18 years, appeared before me this day
in person and being by me duly sworn, acknowledged and declared that he signed said Articles
of Incorporation as his free and voluntary act and deed for the uses and purposes therein set
forth and that the statements therein contained are true.
WITNESS MY HAND AND OFFICIAL SEAL THIS /'�may of , 2001.
My Commission expires:D7000--
Notary Public
CONSENT OF REGISTERED AGENT
The undersigned, art;aa, �u �isv, hereby Consents to and accepts by such
signature, the appointment as initial registered agent for the within nonprofit corporation,
Challenger Ranch Homeowner's Association, Inc.
Dated this r c rSday of _ , , t!1.
STATE OF COLORADO )
)ss.
COUNTY OF JeFcz.slt) )
tzSubscribed,and worn to before me this z 'day of , 2001 by
/
My Commission expires: 09/rfr otary Public
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3c5 DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
CHALLENGER RANCH
Albert S. Challenger, (the "Declarant"), is the owner in fee simple of real property
located in Weld County, Colorado, and more particularly described on Exhibit A, attached
hereto and incorporated herein by this reference (the"Property" or"Properties"), which
Property consists of five (5) individual Lots to be sold, as set forth on the Plat designated as a
planned community known as Challenger Ranch Subdivision, recorded or to be recorded.
RECITALS AND DECLARATION
For the purpose of enhancing and protecting the value, attractiveness, and desirability of
the lot or tracts constituting the subdivision, for the maintenance of certain aspects of the
Properties and improvements and for the maintenance of the Common Area and Improvements
and to this end desires to create a planned community under the authority of and in compliance
with the Colorado Common Interest Ownership Act. C.R.S. §§ 33.3 — 101, et seq of Title 38
(the "ACT"), and for the purpose, Declarant desires to subject the Properties, together with
such additions as may hereafter be made thereto, to the covenants, conditions, restrictions,
easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit
of the Properties and each Owner thereof.
Declarant declares that all of the described Properties and each part thereof shall be held,
sold and conveyed only subject to the following easements, covenants, charges, liens, conditions
and restrictions, each and all of which is and are for the benefit of the Properties and each
Owner thereof, and which constitute covenants running with the land and shall be binding on all
parties having any right, title, or interest in the described property or any part of that property,
their heirs, successors, and assigns, and shall inure to the benefit of each owner of the property.
L DEFINITIONS
The following terms shall have the following meanings when used, unless the context
otherwise requires:
1.1 "Association" shall mean and refer to Challenger Ranch Homeowners' Association,
Inc., a Colorado nonprofit corporation, its successors and assigns.
1.2 "Board of Directors" or"Board" shall mean and include the governing body of the
Association as provided in this Declaration, the Articles of Incorporation and the By-
Laws thereof
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1.3 "Common Area" shall mean and refer to the real property described as Common
Area in Exhibit"B" with all Common Area improvements thereon and rights appurtenant
thereto, and all personal property used in connection therewith. The Common Area shall
generally include open space and access easements, and any recreational amenities described in
this Declaration or any Plat or Map. Lot 1 shall not be considered Common Area for any
purpose.
1.4 "Common Area Improvements"shall mean and refer to any and all improvements located in,
under, or upon the Common Area as originally developed and constructed by Declarant or as
later added by the Association, which Common Area Improvements may include open space and
access roadways, all as may be located upon the Common Area described herein.
1.5 "Common Expense"shall mean and refer to:
1.5.1 Expenses of administration, operation or management repair, maintenance or
replacement of the Common Area of the Project;
1.5.2 Expenses declared Common Expenses by the provision of this Declaration,the
Articles of Incorporation and By-Laws of the Association;
1.5.3 All sums lawfully assessed against the Lots by the Board of Directors of the
Association;
1.5.4 Expenses detemiined to be Common Expenses by the Association,
1.5.5 Expenses as are provided in any management agreement applicable to the
Properties; and
1.5.6 Expenses incurred in the maintenance of any property over which the
Association has a license and maintenance agreement with public agencies,
authorities or utilities, including, but not limited to Exel Energy, the Poudre
Valley REA and Weld County, Colorado.
1.6 "Declarant"shall mean Albert S. Challenger, and his successors and assigns, provided such
successors and assigns acquire more than one undeveloped lot from Declarant for the purpose of
development.
1.7 "Declarant Control Period"shall mean the period of time beginning on the date on which the
Declaration is recorded in the records of the Clerk and Recorder of Weld County, Colorado and
ending on the happening of any of the following events,. whichever occurs first:
1.7.1 Upon the date sixty (60)days after the date on which Declarant has conveyed
one hundred percent(100%) of the Lots to purchasers other than Declarant; or
1.7.2 Upon the date ten(JO)years after the effective date of this Declaration; or
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1.7.3 On a date certain set forth in a written notice from Declarant to the Secretary of
the Association of its intent to terminate this reserved right as of such date.
1.8 "Improvement"shall mean and refer to any improvement constructed on a Lot including but
not limited to any dwelling unit, building, garage, outbuilding, structure, fixture, landscaping, site
grading, driveway, sidewalk, drainage channel, culvert, roadway, fence, wall, deck, patio, shed,
barn, located on any part of the Properties and including such Improvements as originally
installed by the Declarant or later approved for installation by the Association and intended for
use in connection with the ownership of such Lot.
1.9 "Lot"shall mean any separately numbered plot of land shown on the recorded plat of the
Properties,together with any appurtenances thereto or Improvements thereon.
1.10 "Maintenance"shall mean the exercise of reasonable care to keep access, landscaping,
lighting, and other related improvements and fixtures in a condition comparable to their original
condition, or their changed condition as approved by the Association, normal wear and tear
excepted. Maintenance of landscaping shall further mean the exercise of generally accepted
garden management practices necessary to promote a healthy, weed free environment for
optimum plant growth and community aesthetics.
1.11"Member"shall mean every person or entity entitled to hold membership in the Association.
"Member"and "Owner" (as hereinafter defined)may be used interchangeably herein, unless the
context provides otherwise.
1.12"Mortgage"shall mean a conventional mortgage or a deed of trust.
1.13 "Owner"shall mean the record owner, whether one or more persons or entities,
and including Declarant, of fee simple title to any lot that is part of the property,
and shall not include those holding title merely as security for performance of
an obligation unless title is acquired thereby.
1.14"Participating Builder"shall mean an Owner other than Declarant which acquires a portion
of the Properties from Declarant for the purpose of reselling or leasing the Residences thereon
and which is designated in writing by Declarant as a Participating Builder.
1.15"Subdivision"shall mean the subdivided real property described above and such additions to
the property as maybe brought within the jurisdiction of the Association as provided in this
Declaration.
H. PROPERTY RIGHTS
2.1 Every Owner shall have a right and easement of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
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2.1.1 The right of the Association to suspend the voting rights and right to use of any
Common Area and Common Area Improvements by a Member for any period
during which any assessment against his Lot remains unpaid, and for a period
not to exceed sixty (60)days for any and each infraction of its published Rules
and Regulations;
2.1.2 The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency authority or utility for such purposes and
subject to such conditions as may be agreed to by the Members as provided in
Article II of the Articles of Incorporation; and
2.1.3 The right of the Association, in accordance with this Declaration and its Articles
of Incorporation and By-Laws,to borrow money for the purpose of improving
the Common Area, or the exisiting Common Area Improvements and in aid
thereof,to mortgage or encumber the Properties and the rights of such
Mortgagee in the Properties shall be subordinate to the rights of the Owners
hereunder.
2.2 Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the
Common Area and Common Area Improvements to the members of his family, his tenants, invitees or
contract purchasers who reside on the properties.
2.3 Declarant hereby covenants for himself, his successors and assigns, that prior to the
conveyance of the first Lot to an Owner other than a successor Declarant or Participating Builder,
Declarant shall convey to the Association for the benefit of all of the Owners, any Common Area and
Common Area improvements, free and clear of all liens and encumbrances, except for taxes for the
current and subsequent years, and subject to easements, including the Conservation Easement which has
been recorded by Declarant, rights-of-way, covenants, conditions, exceptions and restrictions of record,
or Declarant shall reserve a perpetual non-exclusive easement for the use of any Common Area and
Common Area Improvements for the benefit of the Association and all of the Owners, free and clear of all
liens and encumbrances, except taxes for the current and subsequent years and subject to easements,
right-of-way, covenants, conditions, exceptions and reservations of record.
2.4 "Common Area Use" shall mean the Common Area and Common Area Improvements
described in Section 1.3 and 1.4 of this Declaration and any licenses obtained by the Association for use
of publicly-owned properties are reserved for the common use and enjoyment of the Owners for
pedestrian traffic, vehicular traffic and other such uses common to all the Owners as determined by the
Association pursuant to the covenants, provisions and restrictions contained herein or as further defined
in the Association By-laws and any Rules and Regulations promulgated by the Association.
2.5 Easements for the installation and maintenance of utilities and drainage facilities are
shown on the Plat for the Subdivision. Within these easements, no structure, planting, or other material
shall be placed or permitted to remain that may damage or interfere with the installation and maintenance
of utilities, or that may damage, interfere with, or change the flow of drainange for the easement. The
easement area of each lot and all improvements on the lot shall be continuously maintained by the owner
or owners of the lot except for improvements for maintenance for which a public authority or utility
company is responsible.
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2.6 No structure of any kind shall be built, erected, or maintained on any such easement,
reservation or right of way, and such easements, reservations, and rights of way shall at all times be open
and accessible to public and quasi-public utility corporations,their employees and contractors and shall
be open and accessible to Declarant, and Declarant's successors and assigns, all of whom shall have the
right and privilege of doing whatever may be necessary in, on, under, and above such locations to carry
out any of the purposes for which the easements. reservations, and rights of way are reserved, including
but not limited to the right to run irrigation water along property lines.
2.7 It is acknowledged that there are Common Areas set forth on the Plat for the Subdivision.
Such Common Areas are defined in Sections 1.3 and 1.4 in this Declaration.
2.8 To the extent not already granted in this Declaration,the Association and its authorized
agents or contractors, shall have the right, after reasonable notice to the Owner or Owners,to enter any
lot at any reasonable hour on any day to perform such inspection and maintenance as may be authorized
in this Declaration.
III RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
3.1 Common Area. The Association, subject to the rights of Owners with respect to their
individual Lots, shall be responsible for the exclusive management and control of the Common Area and
Common Area Improvements (including furnishing and equipment related thereto), and shall maintain and
keep the same in good, clean, attractive and sanitary condition.
3.2 Assessments. The Association shall collect any assessments levied upon the
Owners and Lots as provided in Section VI of this Declaration.
3.3 Miscellaneous Services. The Association may obtain and pay for the services of any
person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such
other personnel as the Association shall determine to be necessary or desirable for the proper operation of
the Project, whether such personnel are furnished or employed directly by the Association or by any
person or entity with whom or which it contracts. The Association may obtain and pay for legal and
accounting services necessary or desirable in connection with the operation of the Project or the
enforcement of this Declaration. The Association may arrange with others to furnish lighting, heating,
water,trash collection, snow removal, building and grounds maintenance, sewer service, firewood and
other services as appropriate to the Project. During the Declarant Control Period, any contracts or leases
entered into shall contain a right of termination, without cause, which is exercisable without penalty at
any time after transfer of control, upon not more than ninety (90)days prior written notice to the other
party thereto; however, such right of termination need not be present in those contracts and lease wherein
the subject matter is an essential service and where long term contracts are required. The cost of such
services shall be borne as provided in Section VI of this Declaration, the Articles of Incorporation and the
By-Laws of the Association.
3.4 Professional Management. The Association may obtain and pay for services of a
professional "Management Contractor"to manage its affairs, or any part thereof,to the extent it deems
advisable, whether such services are in lieu of, or supplemental to,the services described under Section
3.3 above. During the Declarant Control Period, any management contracts entered into by the
Association with respect to such professional management of the Properties, and any contracts that such
professional management shall enter into on behalf of the Association may not be for a term exceeding
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one (1)year, and must contain a provision allowing either party to cancel the contract with or without
cause, and without a payment of a termination fee or penalty, upon thirty(30)days prior written notice.
3.5 Maintenance of Individual Lots. The ownership of Lots, together with Dwelling Units
and existing Lot Improvements, shall be evidenced by a Deed to such Lot, together with Improvements
thereon. Maintenance, upkeep and repairs of the Lots shall be the sole responsibility of the individual
Owners thereof.
3.6 Rights of Action. The Association and any Owner shall have an appropriate right of
action at law or in equity against any person or other Owner to enjoin the violation of any of the
provisions of this Declaration or with decisions of the Association made pursuant to this Declaration
and failure to comply with the provision of this Declaration or with decisions of the Association made
pursuant to this Declaration; and any Owner shall have similar rights of action against the Association.
Any remedies granted to the Association in this Declaration shall be in addition to any remedies
otherwise available to it at law or in equity.
IV. USE RESTRICTIONS
4.1 Each Lot shall be used as a residence for a single family and for no other purpose.
All residences shall be constructed with a minimum of 2500 liveable, finished square feet.
No basements shall be constructed with respect to any residence.
4.2 No business of any kind shall be conducted on any lot except as the Board may
otherwise approve.
4.3 No noxious, noisy, or offensive activity shall be carried on in or on any lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
4.4 No structures of a temporary character, including but not limited to trailers,
basements,tents, shacks,garages, barns or other outbuildings shall be used on any lot at any time as a
residential dwelling, either temporarily or permanently except as the board may otherwise approve.
4.5 No sign of any kind shall be displayed to public view on a lot without the prior
written consent of the Board, except customary name and address signs and lawn signs of not more than
two square feet.
4.6 Nothing shall be done or kept on a lot that would increase or negatively affect
the Association insurance rates without the prior written approval of the Board.
4.7 No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
lot except dogs, cats and other household pets may be kept on lots subject to such rules and regulations as
may be adopted by the Board, so long as they are not kept, bred or maintained for commercial purposes.
No roaming pets shall be allowed. In addition, horses and/or livestock shall not be permitted on lots 2
through 5 absent unanimous consent of the Board.
4.8 No lot shall be used or maintained as a dumping ground for rubbish. Rubbish,trash,
or garbage, or other waste material shall not be kept or permitted on any lot except in sanitary containers
located in appropraite areas concealed from public view.
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4.9 No fence, hedge, wall, or other dividing instrumentality over five (5)feet in height
measured from the ground on which it stands shall be constructed or maintained on any lot. No fence,
hedge, wall, or other dividing instrumentality shall be constructed or maintained within or adjacent to any
wetland area.
4.10 Nothing shall be done or erected that results in the change of the original grading
and drainage, or that shall negatively affect the drainage of any lot owner.
4.11 Landscape and lawns shall be groomed and regularly maintained.
4.12 No motor vehicles, trailer, boats, campers or other equipment not in daily use, shall
be parked, stored or kept on any lot except in garages, on lot drivewayus or on paved or graveled parking
areas. In such events, four motor vehicles, one camper or travel trailer and one boat may be kept in said
locations. Except as provided herein, no lot may be used for the storage of property in the open except
during the original construction period, which shall not exceed six months.
4.13 No inoperable, unlicensed, or junked motor vehicles,trailers, boats or other equipment
shall be kept on any lot or about the premises in any manner.
4.14 No Improvement on any lot shall be permitted to fall into disrepair, and each
such Improvement shall at all times be kept in good condition and repair and adequately painted or
otherwise finished by the Owner before the surface becomes weather beaten or worn off. Each owner, at
such owner's sole cost and expense, shall repair and maintain his respective lot, keeping the same in a
condition comparable to the condition of the lot at the time of its initial construction, excepting only
normal wear and tear.
4.15 No building materials shall be stored on any lot except temporarily during
continuous construction of an Improvement or its approved alteration or improvement.
4.16 No hazardous activities shall be allowed in the Subdivision.
4.17 All exterior painting or staining shall be of colors in harmony with the surrounding
natural environment.
4.18 All exterior windows shall be covered in a manner compatible with the
architectural character of the house.
4.19 Only satelite dishes and antennas approved by the Association shall be permitted.
4.20 If all or any portion of a residence is damaged or destroyed by fire or other casualty, it
shall be the duty of the owner with all due diligence to rebuild, repair, or reconstruct the residence in a
manner that will substantially restore it to its appearance and condition immediately prior to the casualty.
4.21 Any improvements, changes, alterations or additions to any lot must have the prior
written approval of the Board, which may request such reasonable submissions, information,plans and
drawings as it may need to make a determination on each such request. The Board is required to review
and determine requests only at regular meetings unless a special meeting is called for such purpose.
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4.22 The Board may establish such rules and regulations, including procedures, as it
deems necessary and reasonable to carry out the purposes and intentions of this Declaration.
4.23 In the event of any violation of these use restrictions or other covenants relating to use
or maintenance,the Association reserves and is hereby granted all rights to enter upon the lot of the
offending owner, after reasonable notice to such owner unless an emergency situation is determined by the
Association to exist, and take any and all such action as is deemed in the discretion of the Association
necessary to remedy such violation. All costs relating to the actions taken to remedy such violation shall
be charged and assessed to the lot and to the Owner and shall be collected and enforced as assessments
hereunder.
4.24 Notwithstanding the foregoing, the Owner of Lot 1 shall be permitted those
additional uses as set forth in the Conservation Easement recorded by Declarent.
V. THE ASSOCIATION; VOTING RIGHTS
5.1 . The administration of this Declaration is the responsibility of the Association. Every
Owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not
be separated from ownership of a lot. Membership automatically transfers upon conveyance of the Lot.
5.2 The Owners shall comprise the only class of membership in the Association. All Owners
shall be entitled to one (1) vote for each lot owned on any matter on which voting by the Owners is
permitted or required by this Declaration, the Articles of Incorporation or By-Laws of the Association.
When more than one person holds an interest in any lot, all such persons shall be Members. However, the
vote for such lot shall be exercised as they among themselves determine, but in no event shall more than
one (I) vote be cast with respect to any lot.
5.3 Board of Directors. The Association shall be managed by its Board of Directors. The
Board of Directors shall be elected by a vote of the Owners in annual meetings or special meetings of the
Association, at which a quorum is present, called for that purpose according to the Articles of
Incorporation and By-Laws of the Association. The Board of Directors shall have such powers and
duties and shall serve for such terms of office as are set forth in the Articles of Incorporation and By-
Laws of the Association.
5.4 Declarant Control. Notwithstanding the foregoing, Declarant reserves the right to
appoint the Board of Directors of the Association during the Declarant Control Period. Within sixty(60)
days after the expiration of the Declarant Control Period, the Directors of the Association appointed by
Declarant shall resign,the Association shall hold a meeting for the purpose, among other things, of
electing Directors to fill the vacancies on the Board of Directors, and Declarant shall provide documents
and records of the Association in its custody and control to the new Board.
5.5 Transfer. Except as otherwise expressly stated herein, any of the rights, interests and
obligations of the Association set forth or reserved herein may not be transferred or assigned to any other
person or entity.
5.6 Powers. The Association shall be granted all of the powers necessary to administer and
enforce this Declaration.
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5.7 Examination of Books and Records. All Owners, First Mortgagees, insurers or
guarantors of the First Mortgagee shall upon request be entitled to inspect the books and records of the
Association during normal business hours, receive a copy of financial statements of the Association, if
any, receive written notice of all meetings of the Association and be permitted to designate a
representative or attend all of such meeting and to vote by legal proxy, and to receive copies of this
Declaration, By-Laws, Articles of Incorporation and any Rules and Regulations and minutes of meetings
provided that reasonable copying charges are advanced to the Association by the party requesting copies.
VI. ASSESSMENTS
6.1 Lien and Personal Obligation of Assessments. Declarant covenants for each lot within
the subdivision, and each Owner of a lot is deemed to covenant by acceptance of the Owner's deed for the
lot, whether or not it shall be so expressed in the deed, to pay to the Association(1)annual assessments.
and(2) special assessments for capital improvements, as needed. These assessments will be established
and collected as provided below in this instrument. The annual and special assessments,together with
interest, costs, and reasonable attorney fees, shall be a charge on the land and continuing lien on each lot
against which such an assessment is made. Each such assessment, together with interest, costs, and
reasonable attorney fees, shall be the personal obligation of the person or persons who owned the lot at
the time the assessment fell due, but such personal obligation shall not pass to the successors in title of
that person or persons unless expressly assumed.
6.2 Pupose of Annual Assessments. The annual assessments levied by the Association shall be
used exclusively to promote the health, safety, welfare, and recreation of the residents in the subdivision,
and for the improvement and maintenance of the street lighting in the subdivision and of the private areas
in the subdivision not maintained by owners, as described in this Declaration. Annual assessments shall
include, and the Association shall acquire and pay for out of the funds derived from annual assessments,
the following:
6.2.1 Materials, supplies, labor, services, maintenance, repairs, structural alterations
or other costs that the Association secures or pays pursuant to the terms of this
Declaration or By-Laws, or which shall be necessary or proper in the opinion of the
Board of Directors of the Association for the maintenance of the subdivision in
accordance with the provisions of this Declaration and for the benefit of all lot owners,
and particularly such costs necessary to comply with requirements of the Plat for proper
maintenance. In the event the need for such maintenance or repair is attributable to the
willful or negligent act of the Owner or Owners of a lot, or their family,guests, or
invitees, the cost of such maintenance or repairs shall be added to and become part of the
assessment to which the lot and lot owner are subject.
6.2.2 Worker's compensation insurance to the extent necessary to comply with
applicable law, and other insurance deemed necessary by the Board of Directors of the
Association.
6.2.3 If voted by the Board of Directors, a standard fidelity bond covering all members
of the Board of Directors of the Association and all other employees, if any, of the
Association in an amount to be determined by the Board of Directors.
6.2.4 If voted by the Board of Directors or directed by the Declarant, liability
insurance insuring the Association against any and all liability to the public,to any Owner
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or Owners, or to the invitees or tenants of any owner or owners in performing the duties set
forth in this Declaration. The policy limits shall be set by the Association and shall be
reviewed regularly and increased or decreased as agreed by the Association.
6.3 Maximum Annual Assessment.
6.3.1 Until January 1 of the year immediately following the conveyance of the first lot
by Declarant to an Owner or Owners, the maximum annual assessment shall be
$1,200.00, and shall be paid$100.00 per month on the first day of each month.
6.3.2 From and after January 1 of the year immediately following the
conveyance of the first lot by Declarant to an owner or owners, the maximum annual
assessment may be increased each year not more than 25%above the maximum assessment
- for the previous year without a vote of the members.
6.3.3 The Board of Directors of the Association may fix the annual assessment at an
amount not in excess of the maximum.
6.4 Special Assessments. In addition to the assessments authorized above, the Association
may levy in any assessment year a special assessment applicable to that year only for the purpose of
defraying in whole or in part the costs of performing the obligations and enforcing this Declaration.
6.5 Notice and Quorum for Action. Notice and quorum for action as well as procedures
relating to meetings shall be as set forth in the By-Laws.
6.6 Uniform Rate of Assessment. Both annual and special assessments must be fixed
at a uniform rate for all lots.
6.7 Commencement and Collection of Annual Assessments. The annual assessments
provided for in this Declaration shall commence as to all lots on the first day of the month following the
conveyance of the lot to the successor owner from the Declarant. The first annual assessment shall be
adjusted according to the number of months remaining in the applicable calendar year. The Board of
Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in
advance of the due date for the assessment and shall fix the dates such amounts become due.
Assessments shall be due and payable within 15 days after written notice of the amount thereof and shall
have been mailed to the registered mailing address of the lot owner. Interest of 21%per annum shall be
charged for late payment of assessments and a$20 late charge for each assessment that is delinquent.
Failure of the Association to give timely notice of any assessment as provided herein shall not affect the
liability of the Owner of any lot for such assessment, but the date when payment shall become due in such
case shall be deferred to a date fifteen(15)days after the due date indicated in the assessment notice.
The Association may elect to have the assessments payable monthly, and a default in the
payment of any one installment of the annual assessment shall additionally give the Association the right
to accelerate the remaining amount of annual assessment as immediately due and payable. Notice of the
annual assessments shall be sent to every owner subject to the assessment. The Association, on demand
and for a reasonable charge, shall furnish a certificate signed by an officer of the Association, setting
forth whether the assessment against a specific lot has been paid, and on a regular basis as determined by
the Association, shall cause to be recorded in the office of the county clerk and recorder for Weld County,
Colorado a list of delinquent assessments as of that date.
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6.8 Effect of Nonpayment of Assessments; Remedies of the Association Any assessment not
paid within thirty (30)days after the due date shall be deemed in default and shall bear interest from the
due date at the rate of 21 %per annum and shall be assessed a twenty dollar($20.00) delinquency fee.
The Association may bring an action at law against the owner or owners personally obligated to pay such
assessment, or may foreclose the lien against the property. No owner or owners may waive or otherwise
escape liability for the assessments provided for in this Declaration by claiming nonuse or by
abandonment of his or her or their lot.
6.9 Budget Ratification. At least ninety(90)days prior to levying any annual or special
assessment, the Board of Directors shall adopt a proposed budget of the estimated cash requirements for
that assessment or fiscal year. Within thirty (30)days after the proposed budget is adopted,the proposed
budget shall be provided to each owner with a notice of the meeting of the Board to consider such
proposed budget for approval by the Owners.
6.10 Subordination of Assessment Lien to Mortgages. The assessment lien provided for in
this Declaration shall be subordinate to the lien of any first mortgage. A sale or transfer of any lot shall
not affect the assessment lien.
VII. ARCHITECTURAL CONTROL COMMITTEE
7.1 Membership
7.1.1 The Board of Directors may appoint an Architectural Control Committee
(hereinafter referred to as the"Committee")which may be composed of three (3) or more
members. In the event no such appointment is made,then the board of Directors shall
constitute the Architectural Control Committee and shall have all of the duties and
responsibilities of the Committee as set forth herein.
7.1.2 In the event of death, disability or resignation of any member of the committee, the
Board of Directors shall have authority to designate a successor or successors.
7.1.3 An affidavit executed by a majority of the members of the Committee and recorded
in the records of the Office of the Clerk and Recorder of Weld County, Colorado, or
maintained in the Association's records shall be sufficient evidence of the membership
and of the other recitals therein contained.
7.2 Evidence of Action. The Committee's approval or disapproval as required in this Declaration
shall be in writing, as indicated by the signatures of a majority of the Committee or its designated
representatives. The Committee shall not be required to maintain records of plans submitted. Approval
by the Committee shall be conclusive evidence of compliance with this Declaration, provided that
Improvements are constructed in substantial compliance with the plans as approved. The Committee
shall exercise its best efforts to approve or disapprove plans submitted to it within sixty (60) days after
submission. In the event the Committee fails to approve or disapprove a proposal within ninety(90) days
after plans and specifications have been submitted to it by hand delivery against a written receipt or by
mailing, certified mail, first class postage prepaid, return receipt requested to the committee at the address
designated by the Association, or, in any event, if no suit to enjoin the proposed construction has been
commenced within one (1)year after the proposed construction had begun and became apparent, such
approval will not be required, and the related covenants shall be deemed to have been complied with fully.
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7.3 Duties. The Committee shall act upon and approve or disapprove any and all matters to be
submitted to the Committee pursuant to any of the provisions of this Declaration and shall have all duties
and powers as are hereinafter provided and set forth. The Committee may, in its sole discretion, employ a
licensed architect and/or registered professional engineer to review panels and specifications submitted to
the Committee and make recommendations to the Committee with regard to the Committee's decision to
approve or disapprove any submission or to perform any inspections of any work in progress or after
completion as provided in Section 8.6. Neither the members of the committee nor its designated
representative shall be entitled to any compensation for services performed, nor shall the Committee or
any member thereof by liable, in any manner for any action or failure to act done in good faith arising out
of their service on the Committee.
7.4 Approval of Plans.
7.4.1 All plans and specifications in connection with the construction (which is
commenced on or after the effective date of this Declaration) of any Improvements,
including but not limited to any Dwelling Unit, swimming pool, ancillary structure,
exterior lighting, machinery, solar panel or installation, deck, patio, patio enclosure, well,
driveway, out-building, dog run or other structure, and in connection with any grading,
landscaping or gardening of any portion of the Lot, including without limitation, the
removal or planting of any trees, shrubs or other vegetation, exterior maintenance and
remodeling of any Dwelling Unit or other structure, including, but not limited to,
changing the initial color or exterior material of the Dwelling Unit, or any other Lot
Improvements or appurtenances, such as mailboxes, or any alteration of any of the above
described improvements to a Lot shall be submitted to the Committee or its designated
representative for its prior written approval.
7.4.2 Before any construction or alteration begins, plans and specifications showing the
nature, kind, shape, height, materials and location,the exterior design,the exterior
materials to be used,the color scheme, the site plan, a topographic survey,the location of
the driveway and sidewalks and plans for the proper landscaping and drainage of the Lot
with respect to adjacent Lots must be submitted to the Committee for its prior written
approval.
7.4.3 The Committee shall determine in its sole discretion whether to approve any plans
submitted to it for review. In passing upon such plans, specifications and other
requirements,the Committee may take into consideration whether the proposed
Residence or other structure or alteration and the materials of which it is to built are
reasonable and suitable for the Lot upon which the Residence or other structure or
alteration is to be erected, the harmony thereof with the surroundings and the effect of the
Residence or other structure or alteration as planned on the outlook from and/or property
values of adjacent or neighboring property.
7.4.4 No Residence, wall, driveway, landscaping, structure or alteration of any kind,
including but not limited to, those specifically described in this Article VII,which does
not fully comply with such approved plans and specifications, shall be erected,
constructed, placed, or maintained upon any Lot. No changes or deviations in and from
such plans and specifications as so approved shall be made without the prior written
consent of the Committee. The Committee shall not be responsible for any structural
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defects in such plans or specifications or any building or structure erected according to
such plans and specifications.
7.4.5 In passing upon such plans, specifications, and other requirements, the Committee
may, in the exercise of its sole discretion, apply the pertinent requirements and
considerations set forth in the covenants and restrictions set forth in this Declaration or
any supplementary Declaration or any additional Design Guidelines promulgated by the
Architectural Control Committee for the Project as a whole or any particular Plat, or
phase of the Property, and the reasonable discretion of the Architectural Control
Committee.
7.5 Contractor Suitability.
7.5.1 No contractor(including an Owner acting as a contractor)other than Declarant, any
Participating Builder or any subcontractor of Declarant, shall perform any work on any Lot,
including without limitation, any construction, repair or modification of any Improvement, grading,
landscaping or gardening, or the construction, repair or modification of any structure of any kind
on a Lot("Work") without the prior written approval of the Committee. No Owner other than
Declarant or any participating Builder shall commence any Work or permit any contractor to
comence any Work unless and until the Committee has approved the contractor as provided in this
Section. The Committee may require any Owner to submit one or more contractors for approval at
the time the Owner submits the plans and specifications for the Work to the Committee for its prior
approval as provided in Section 7.4.
7.5.2 The Committee shall have the right, in its sole discretion, which may be exercised prior
to or after the commencement of any Work on any Lot,to disapprove the selection of a contractor
by an Owner(including an Owner acting as a contractor) for the construction, repair or
modification of any Improvement,grading, landscaping or gardening of the construction repair or
modification of any other structure of any kind on any Lot, including any contractor previously
approved by the Committee. The Committee may exercise its right to disapprove any contractor
based upon any of the following grounds: (1) a belief that the contractor is not financially
responsible; (2) the contractor's failure to comply with approved plans and specifications in work
previously performed on any Lot or the Properties; or(3) that the contractor cannot complete the
construction or other work requested by the Owner in accordance with the standards imposed by
the Committee. The Committee shall have no duty to investigate any facts supporting its decision
to disapprove any contractor, including without limitation the contractor's financial responsibility,
the contractor's past performance or the contractor's present undertakings. In the event the
Committee disapproves a contractor after it has begun work, the Association shall have the right to
contract for the completion of the work at the Owner's expense. Any costs or expenses incurred by
the Association'shall be borne by the Owner as provided in Section 4.24 of this Declaration.
7.6 Approval of Contractor-inspection of Work.
7.6.1 No Owner or contractor shall commence construction of any improvement,
excavation„ grading, landscaping,gardening or construction of any structure, Building or
Improvement of any kind to be located on any Lot("Work"), until the Committee has
approved the plans and/or specifications therefore and the Owner has provided the
Committee with a valid building or other permit, if required, issued by any governmental
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agency having jurisdiction over the Project. No contractor shall commence any work on any
Lot unless and until the committee has approved the contractor as provided in Section 7.5.
7.6.2 In addition to all restrictions imposed on any Work, all utility connections on any
Lot must be approved by the Committee prior to installation.
7.6.3 The Committee shall have the right to inspect any Work done by an
Owner or contractor at any time during the period the Work is being performed or
after the work has been completed to ensure that the Work complies with the
Plans approved by the Committee. If the committee determines, in its sole
discretion, that the Work is not being performed in accordance with the approved plans
and/or specifications,the Committee shall have the right to require the contractor, or the
Owner as the case may be, to immediately terminate all work being performed upon the Lot.
The Committee may enforce the provisions of this Section by means of an appropriate action
to enjoin the violation of this Declaration as provided in Section 3.6 of this Declaration.
7.6.4 Upon completion of any Work, the Owner shall, to the greatest extent possible,
restore the Lot to the condition which existed prior to the commencement of such Work
(taking into account the Work itself) so that the Lot and any Improvements or other
structures on the Lot shall be, to the greatest extent possible, in harmony with the
surrounding natural environment. If a Certificate of Occupancy is issued with respect to the
Work prior to September 15 of any calendar year, the Owner shall complete the restoration
within forty-five(45)days after the date of issuance of the Certificate of Occupancy or
actual occupancy of the Lot, whichever first occurs. If a Certificate of Occupancy is issued
or actual occupancy of the Lot takes place after September 15 of any calendar year, the
Owner shall complete the restoration of the Lot prior to June 1 of the following year. In the
event the restoration is not complete as and when required, the Association shall have the
right to complete the restoration of the Lot at the Owner's expense. Any costs and expenses
incurred by the Association shall be borne by the Owner as provided in Section 4.23 of this
Declaration.
7.7 Reserved Right of Declarant. Notwithstanding the above provisions, and until Declarant
has conveyed its last Lot to a purchaser, Declarant shall have the right, and the right is hereby specifically
reserved unto Declarant, to appoint the members of such Architectural Control Committee and to fill any
vacancies therein created. (This Section supersedes the authority granted in Section 7.1 above.)
7.8 Binding Ageement to Pay Legal Costs. In the event that an Owner shall dispute the
determination of the Committee and files a lawsuit to overrule, vacate or otherwise mitigate the effect of
any determination of the Committee, or if an Owner fails to submit for approval any action as required by
Section 7.4 and the Committee, any Owner or the Association brings an action to enforce these •
provisions, then the Owner and the Association are hereby bound to the agreement that any and all costs,
including reasonable attorney's fees, associated with the institution and defense of such a suit, shall,to
the extent permitted by a court of competent jurisdiction, be paid to the prevailing party by the losing
party.
7.9 Variance. The Committee may, in its sole discretion, grant reasonable variances or
adjustments from any conditions or restrictions imposed by this Declaration. A variance or adjustment
shall only be granted if it is not material, detrimental or injurious to the other property or improvements to
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the neighborhood, and shall not defeat the general intent and purpose of this Declaration. Any variance
granted by the Committee shall not affect or negate the requirements of any other applicable authorities.
7.10 Minor Violations of Setback Requirements. Upon erection of any Dwelling Unit upon
any of the Lots which are subject to the restrictions imposed by this Declaration, if it is disclosed by
survey that a minor violation and infringement of setback lines imposed by any Supplementary
Declaration has occurred, such violation and infringement shall be deemed waived by the Owners of the
Lots immediately adjoining the Lot upon which the violation and infringement occurs, and such waivers
shall be binding upon all other Owners who are subject to this to this Declaration. Nothing herein
contained shall prevent the maintenance of suit for any other violation of the restrictions contained in this
Declaration. A"Minor Violation"for the purpose of this Section is a violation of not more than thirty
(30) inches beyond required setback lines or Lot lines. This provision shall only apply to the original
structures and shall not be applicable to any alterations or repairs to such structures.
7.11 No Review. The following types of changes, additions or alterations do not require the
approval of the Committee. Although exempt from Committee review, all work must proceed in
accordance with all applicable law, codes and regulations and the provisions of this Declaration.
7.11.1 Addition of plants to a Lot in accordance with a previously approved landscape
plan.
7.11.2 Modification to the interior of a Residence when those modifications do not
unduly affect the outside appearance of the structure.
7.11.3 Repainting or restaining of the exterior of the Residence in the original color.
7.11.4 Repairs to a structure in accordance with previously approved plans and
specifications.
7.11.5 Reroofing with roofing materials of the same quality(or better) and color as
original material.
7.11.6 Seasonal decorations if removed promptly(within fifteen (15) days following the
holiday).
VIII. INSURANCE
8.1 Comprehensive General Liability and Property Insurance. Comprehensive general
liability and property damage insurance shall be purchased by the Board of Directors and shall be
maintained in force at all times, the premiums thereon to be paid by the Association as a Common
Expense. If Declarant pays the premium, it shall be entitled to reimbursement from the Association. The
insurance shall be carried with reputable companies authorized to do business in the State of Colorado in
such amounts as the Board may determine.
8.1.1 A policy of comprehensive general liability insurance shall be in force for a
minimum amount of$1,000,000 (one million) per occurrence, covering all claims for
bodily injury and/or property damage arising out of a single occurrence, such coverage to
include protection against liability for non-owned and hired automobiles, liability for
property of others, and, if applicable host liquor liability and other risks which are
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customarily covered with projects similar in construction location and use. The policy or
policies shall name as insured all of the Owners, the Association, each member of the
Board of Directors, the Management Contractor, and their respective agents, and
employees. Declarant shall be named as an additional insured on such policy or policies
until such time as Declarant shall have conveyed all the Lots in the Project. The policy or
policies shall insure against loss arising from perils in the Common Area and in any other
areas which the Association has maintenance responsibility and shall include contractual
liability coverage to protect against such liabilities as may arise under the contractual
exposures of the Association or the Board of Directors.
8.1.2 The policy or policies shall contain a"severability of interest"clause or
endorsement which shall preclude the insurer from denying a claim of an Owner or the
Association because of negligent acts of the Association or other Owners.
8.2 No Individual Fire Insurance on Common Area. The blanket policy or policies to be
carried by the Association and referenced under Section 8.1 above, must provide that it is preliminary
over any policy or policies separately carried by an individual Lot Owner and that the proceeds of the
individual policy or policies carried by such Owner shall not be used to the extent that the proceeds of the
insurance carried by the Association are sufficient to cover any losses to the Common Area.
8.3 Owner's Personal Liability and Property Insurance. An Owner may carry such property,
fire and personal liability insurance as such Owner may desire. It is understood that the Association
policies described herein will provide no insurance coverage for the Lots or the improvements situated
thereon.
8.4 Other Insurance. The Board of Directors may purchase and maintain in force other
insurances as may be deemed necessary by the Board.
8.5 Attorney in Fact. The Association is hereby appointed the attorney in fact for all owners
to negotiate loss adjustment on the policy or policies carried by the Association under this Article VIII.
8.6 Proceeds. The Association shall receive the proceeds of any casualty insurance
payments received on the policies obtained and maintained pursuant to this Article. To the extent that
repairs and reconstruction are required herein and there is a determination that the Properties shall not be
rebuilt, the proceeds shall be distributed in the manner provided in Article VIII regarding casualty,
damage or destruction.
8.7 Notice of Cancellation or Modification. The policy and/or policies required hy Section
8.1 must provide that they cannot be cancelled or substantially modified by any party, without at least ten
(10) days prior written notice to the Association, and to each holder of a First Mortgage which has
requested in writing that it be listed as a scheduled holder of a First Mortgage in the insurance policy.
8.8 Annual Review of Policies. All insurance policies shall be reviewed at least annually by
the Board of Directors to ascertain whether the coverage contained in the policies are sufficient for the
upcoming year, whether any necessary repairs or replacements of property which occurred in the
preceding year were covered by insurance, and that all possible insurance claims have been filed.
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8.9 Directors' and Officers' Liability Insurance. If available at a reasonable cost,the
Association shall obtain and maintain adequate liability coverage to protect against any negligent act
upon the part of the Directors or Officers of the Association.
8.10 Waivers. All such policies of insurance shall contain waivers of subrogation and waivers
of any defense based on an invalidity arising out of the acts of a Member of the Association.
1X. CASUALTY
9.1 Association as Agent and Attorney in Fact. All of the Owners irrevocably constitute and
appoint the Association as their true and lawful agent and attorney in fact in their name,place and stead
for the purposes of dealing with the Common Area upon its damage, destruction, obsolescence and/or
condemnation as hereinafter provided. Acceptance by any grantee of a deed from Declarant or from any
Owner shall constitute appointment of the Association as agent and attorney in fact as herein provided.
9.2 General Authority of Association. As attorney in fact, the Association shall have full
and complete authorization, right and power to make, execute and deliver any contract, deed or other
instrument with respect to the interest of an Owner which may be necessary or appropriate to exercise the
powers herein granted. Repair and reconstruction of the Common Area Improvements as used in this
Article means restoring Project to substantially the same condition in which it existed prior to damage.
Notwithstanding the By-Laws and the Act above, the proceeds of any insurance collected shall be used by
the Association for the purposes of repair or reconstruction unless Owners, to which at least sixty-seven
percent(67%)of the votes in the Association are allocated, including all of the Owners of Lots which will
not be rebuilt, and sixty-seven (67%)of the First Mortgagees agree not to rebuild in accordance with the
provision set forth in this Article.
9.3 Notices and Cost Estimates. As soon as practical after an event causing damage to, or
destruction of any part of the Common Area, the Association shall immediately obtain estimates that it
deems reliable of the cost of repair or reconstruction of that part of the Project damaged or destroyed.
9.4 Insurance Proceeds Sufficient to Repair. In the event that proceeds from insurance
coverage are sufficient to cover the cost of repair or construction after a casualty pursuant to the estimate
of costs obtained by the Association,then such repair or reconstruction shall be promptly performed by
the Association as attorney in fact for the Owners pursuant to this Article.
9.5 Insurance Proceeds Insufficient to Repair. If the insurance proceeds are Insufficient to
repair or reconstruct the damage or destroyed Common Area or Common Area Improvements, such
damage shall be repaired as promptly as possible by the Association and any costs of such repair or
reconstruction in excess of insurance proceeds available shall be assessed against all Owners as a
Common Expense.
X. REVOCATION OR AMENDMENT OF DECLARATION
10.1 Amendments. The covenants and restrictions of this Declaration shall run with and bind
the Properties for a term of forty(40)years from the date the Declaration is recorded, after which time
they shall be automatically extended for successive periods of ten (10)years. Subject to any provision in
the Act or By-Laws,this Declaration shall not be amended, except as otherwise herein provided, without
the consent of owners of Lots to which at least sixty-seven (67%) of the votes in the Association are
allocated and approval of sixty-seven percent(67%)of the First Mortgagees. Such amendment may be
17
1 111111 111111111111 III 1111111111111P III 111111 rill
2858383 06/18/2001 02:41P JA Su... Tsukamoto
18 of 22 R 110.00 D 0.00 Weld County CO
evidenced by either a recorded instrument indicating such consent or by a recorded certificate of the
Secretary of the Association certifying that a meeting of the Owners, duly called at which a quorum was
presented,the Owners of Lots,to which sixty-seven (67%) of the votes in the Association are allocated
consented to the Amendment, and that sixty-seven (67%) of the First Mortgagees have given approval (as
provided in Article VII of the Articles of Incorporation or as set out in this Declaration)to the
Amendment, unless a higher percentage is required for such consent and approval as determined by the
Board of Directors, in which case the certificate shall reflect the higher percentage, and that copies of
such written consent and approval are in the corporate records of the Association.
10.2 Revocation. Except as provided specifically elsewhere herein,this Declaration shall not
be revoked unless the Owners of Lots to which sixty-seven(67%) of the votes in the Association are
allocated and sixty-seven percent(67%)of the registered First Mortgagees consent and agree to such
revocation by instruments)duty recorded.
10.3 Amendments to Conform to VA, FHA. FNMA, FHLMC or CCIOA Requirements. Not
withstanding any provision in this Declaration to the contrary, Declarant reserves the right until
Declarant no longer owns an interest in the Project or twenty(20)years after the effective date of this
Declaration, whichever occurs first, to unilaterally amend this Declaration in order to comply with the
requirements of the Veteran's Administration, Federal Housing Administration, Federal National
Mortgage Association, or Federal Home Loan Mortgage Corporation or the Act. Such amendment shall
not require the vote or consent of Owners in the Project.
10.4 Technical Amendments. Declarant hereby reserves and is granted the right and power to
record technical amendments to this Declaration at any time prior to the termination of the Declarant's
reserved right to appoint the Board of Directors of the Association for the purpose of correcting spelling,
grammar, dates or as is otherwise necessary to clarify the meaning of the provisions of this Declaration.
XL GENERAL PROVISIONS
11.1 Each Owner and First Mortgagee shall register his or its mailing address with the
Association, and all notices, demands and statements shall be sent by regular United States Mail, first-
class postage prepaid, addressed in the name of the Owner or First Mortgagee at such registered mailing
address. All notices to Declarant shall be send by certified mail, first-class postage prepaid, return
receipt requested, the following address:
Declarant: Albert S. Challenger
Address: 27160 State Hwy. 74, P.O. Box 448
Evergreen, CO 80437
11.2 Declarant, the Association, or any owner shall have the right to enforce, by any
proceeding at law, or in equity, all restrictions, conditions, covenants, easements, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration, and the prevailing party in any
such action shall be entitled to reimbursement for attorney fees and costs relating to such action. Failure
by Declarant,the Association, or by any owner to enforce any covenant or restriction contained in this
Declaration shall in no event be deemed a waiver of the right to do so at later date.
11.3 Invalidation of any one of the covenants or restrictions contained in this Declaration by
judgment or court order shall in no way affect any other provisions, which shall remain in full force and
effect.
18
1111111.111111111111 III 11111111111 1111 !11111 III 1111
2858383 06/18/2001 02:41P JA Suki Tsukamoto
19 of 22 R 110.00 D 0.00 Weld County C0
11.4 Whenever used herein, unless the context shall otherwise provide, the singular number
shall include the plural and the singular; and the use of any gender shall include all genders.
11.5 The covenants and restrictions of this Declaration shall run with and bind the land, and
shall inure to the benefit of and be enforceable by the Association or any member.
11.6 Any interest of the Declarant hereunder,established or reserved, may be transferred or
assigned by Declarant either separately, or with one or more of such rights or interest, to any person or
entity without the consent of the Owners, the Association, or any First Mortgagee.
11.7 Whenever this Declaration permits or requires that a First Mortgagee receive notice, such
requirement of notice shall be waived if the First Mortgagee has failed to register its name and proper
address with the Association for the purpose of such notice as provided in Section 11.1. The Association
shall maintain as part of its books and records a list of First Mortgagees who have registered in order to
receive any notices which are permitted or required to be given to First Mortgagees under this
Declaration.
11.8 Whenever this Declaration requires the approval of First Mortgagees, only those First
Mortgagees who have registered as provided under Section 11.1 need be included in the request for
approval and in any determination of whether the applicable percentage of First Mortgagees have
approved any intended action. Any First Mortgagee registered as provided under Section 11.1 and mailed
a request for approval. but who fails to respond within thirty (30)days to a request for approval, will be
deemed to have approved the intended action.
11.9 The provisions of this Declaration shall be interpreted in accordance with the laws of the
State of Colorado.
11.10 Conflict. In the case of any conflict between use restrictions imposed in this Declaration
and any use restriction or regulation imposed by any governmental agency having jurisdiction over the
Properties, the more stringent use restrictions shall control. In the event of conflict between the Articles
of Incorporation and the By-laws, the Articles shall control; in case of any conflict between this
Declaration and the By-Laws,the Declaration shall control; and in the case of any conflict between the
Articles and this Declaration,this Declarations shall control; in the case of any conflict between this
Declaration and the Act, the Act controls.
DATED this (,t,�,.day of J:: , 2001.
DECLARANT:
ALBERT S. CHALLENGER
i
+ I
Albert S. Challenger (((
19
_
I 11111 11111 lilt Mil Ilill iiir iI 1111111 II 1111
2858383 06/18/2001 02:41P JA SoloTsukamoto
20 of 22 R 110.00 0 0.00 Weld County CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The above and foregoing Declaration of Covenants, Conditions, and Restrict ons for
Challe er Ranch Subdivision were acknowledged before me this onay of
i.G.?Lf'..— , 2001, by Albert S. Challenger.
Witness my hand and official seal.
My commission expires:O7///7 � a,,C)
Notary Public
I 6 .54
0,,,,C C4/ ;_% -'
qP4' by cot('
20
1111111111IIIIIIIIIIIIIIIII11111\IIIPIIIII11111111
215 of 22 81110 00 0 0.00P JA Weld County CO oto
EXHIBIT A
TO
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CHALLENGER RANCH
All of Lots 1 through 5 inclusive.
County of Weld, Colorado
21
1111111 11111 1111111 III 111111 IIIII 111111 III 1111111 II IIII
2858383 06/18/2001 02:41P JA Suki Tsukamoto
22 of 22 R 110.00 D 0.00 Weld County CO
EXHIBIT B
CHALLENGER 'RANCH PUA.
LOCATED IN THE NW IA a THE NV2,SWI/4,SEC.29,T5N, R67W, 6th PM.,
WELD COUNTY,CCIARADO
--
FINAL PLAT
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IMPROVEMENTS AGREEMENT/COLLATERAL ARRANGEMENT
THE ENTIRE SUBDIVISION WILL BE ENCUMBERED BY THE COUNTY AS COLLATERAL FOR THE
REQUIRED UTILITY IMPROVEMENTS.
AT SUCH TIME AS THE FINAL PLAT IS RECORDED AND THE FIRST LOT IS UNDER CONTRACT
THIS AGREEMENT WILL BE MODIFIED IN A FORMAT ACCEPTABLE TO THE COUNTY ATTORNEY'S
OFFICE.
14N •
Cp O
STATE' f5.1
. RADO
s7
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
CHALLENGER RANCH HOMEOWNER'S ASSOCIATION, INC.
(COLORADO NONPROFIT CORPORATION)
FILE # 20011127812 WAS FILED IN THIS OFFICE ON June 26, 2001
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
Dated: June 26, 2001
ALLY-11-e,C)
SECRETARY OF STATE
SCHEDULE A
ORDER NUMBER: 91000001 COMMITMENT NUMBER: N/A
1 . EFFECTIVE DATE: January 02, 1991 at 7 : 45 A .M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER ' S POLICY $
PROPOSED INSURED: ALBERT F. CHALLENGER
B. ALTA LOAN POLICY $ 35 , 000 . 00
PROPOSED INSURED: MOUNTAIN VALLEY
NATIONAL BANK
C. ALTA LOAN POLICY
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
Albert S. Challenger
4 . THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS :
SEE ATTACHED LEGAL
MORTGAGEE: $ 195 .00
TAX CERT. $ 10 . 00
•
STEWART TITLE NI: R . RUTT/r)
OF GREELEY, INC. -ite_ 6
916 10th Street AUT RIZED
Greeley, Colorado 80631. COUNTERSIGNATURE
Phone No. ( 303 ) 352-4571
Fax No. ( 303 ) 352-1815 STEWART TITLE
GUARANTY COMPANY
iiC-S
AOMMMUMMINMENIMMUMMI
� - - coA\ AL (90A - 5 ✓,
C►�0.1� 5, 2„ 6-4 q - 7533
STEWART TITLE F REELEY, INC.
916 10th Street
Greeley , Colorado 80631
Phone No. ( 303 ) 352-4571
Fax No. ( 303 ) 352-1815 •
January 08 , 1991 ORDER NO. 91000001
RE: /CHALLENGER
Mountain Valley National Bank
Attn: Larry Ward
p.o. Box 339
Conifer, Co. 80433
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following :
•
Title Commitment _x
Endorsement
Policy
Tax Certificate
Foreclosure Certificate _x_
Other
THANE 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 ANNABELLE at ( 303) 352-4571 .
STEWART TITLE
GUARANTY COMPANY
NC-1
REFERRAL LIST
NAME: Albert Challenger CASE NUMBER:S-605
REFERRALS SENT: July 26,2001 REFERRALS TO BE RECEIVED BY:August 16,2001
COUNTY TOWNS and CITIES
_X_Attomey Ault
_X Health Department Brighton
_Extension Service Broomfield
Emergency Management Office _Dacono
_X Sheriff's Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
_X Building Inspection Fort Lupton
_X Code Enforcement Frederick
STATE Garden City
_X Division of Water Resources Gilcrest
_X Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society _X_Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
_X Greeley-East of I-25 Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS _X_Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
_X_Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 _X_Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-5J Greeley
Ditch Company Longmont
West Adams
X Big Thompson
AUG-02-01 THU 09:37 AM 3 FAX NO. 970 4987711 P. 04
rifta
Weld County Referral
vinC, - July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16,2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of& adjacent to WCR 1514 south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
gWe have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature Date
AgencyA
_ t f
.Weld County Planning Dept. .1555 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax
08/14/2001 08:31 19705870141 JOHNSTOWN TOWN HALL PAGE 01
Weld County Referral
July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan �
•
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of&adjacent to WCR 15%_, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehen lye Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
•
Signature AL/A13 2) Date A / P /O /
Agency /o .✓✓r_n .. ---04-r
+Weld County Pluming Peet +1555 N. 17th Ave.Greeley,CO.80631 0(970)353.6100 ext3540 0(970)304-6498 fax
V t6
Id County planning Dept Weld County Referral
Illik July 2pJ� gL 3 �l�O01
ED
COLORADO K CLtVED
WELD COUNTY
PUBLIC WORKS DEPT
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M.,Weld County,
Colorado.
Location West of&adjacent to WCR 15 %3, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
L We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: i[
L. uQ, r\f4L ..ct\ 1t C\!vv:e PXCcof}- me C(-)lar�l..�c�:.�
T I- I
X 111 a1.LS 1 I1P ,i „ if., \opt 1\t cec_.,v�in, Pll, � .1:E
-1> t.11 P co r',Sr:..(`
•
Signatu�!i „ . G „___,A Date c:---- <',f- tti /
Agency --"t-"Luc F.OD
D
+Weld County Planning,Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Kt:
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
C WEBSITE: www.co.weld.co.us
PHONE (970) 356-4000, EXT. 3750
COLORADO FAX: (970) 304-6497
Weld County Planning Dept.
August 23, 2001
c
Larry Owen fir.J
Applegate Group RECEIVED
1499 W. 120s'Ave., Ste 200
Denver, CO 80234-2728
Dear Mr. Owen:
The Weld County Department of Public Works has reviewed the following;
ARoadway Plans Set ❑ Drainage Study
❑ Traffic Study ❑ Pavement Design
It is ❑ Acceptable as submitted
❑ Acceptable with the following revisions
ANot Acceptable for the following reasons
The wall is within the recovery zone per AASHTO. If it remains, it must meet guard rail
requirements. If it is removed, a letter from the railroad allowing work in their right-of-way is
required.
The grade on the south side of the subdivision is not acceptable. The developer may consider
reversing the crown on WCR 15.5 to allow a less severe entrance. A reversal of crown must follow
AASHTO super-elevation requirements, 50 feet from the right turn curves.
To assist the developer in reducing the wetland disturbance,the internal road may slope across both
lanes.
Sincerel
Drew Scheltinga, P.E.
Engineering Section Supervisor
PC WCR 15.5
S-605
Planner-Julie Chester
Developer-Al Challenger
M:\WPFILES\diane\DEV ELOPMEN[ls-605.wpd
r
CHANGE OF ZONE #553 FROM A (AGRICULTURAL)TO PUD - ALBERT CHALLENGER
PAGE 2
e. Section 6.4.4.6.5 — Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed
Zone District. The Weld County Department of Public Works has
submitted Conditions of Approval in its referral response, dated
2000-3073
PL1449
CHANGE OF ZONE #553 FROM A (AGRICULTURAL) TO PUD - ALBERT CHALLENGER
PAGE 3
November 28, 2000, that will ensure that the street facilities providing
access to this proposal are adequate.
•
NOTE:
IN THE PRESENTATION BY THE PUBLIC WORKS REPRESENATIVE IT WAS STATED THAT
WELD COUNTY ROAD 15-1 /2 WAS ADEQUATE TO SERVE THE SUBDIVISION AS PROPOSED.
Weld County Referral
C. July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of&adjacent to WCR 15 %3, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
ki We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
UctInGt!airy le re/✓Att a ;lb (C"i f'xsmpt tau ci1.C.D k v 1n lD�irllti l
t ki kat. crsurvi wnj33 k , vc cl cw[i 9 -If.
Signature fjnM�� Date I'(-11b1
Agency ?MIA%Lwow Li,
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 0(970)304-6498 fax
tisi"" :,
Weld County Referral
- l
July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of&adjacent to WCR 15'/2, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
y. See attached letter.
Comments:
Signature Date ">1' 0/
Agency
+Weld County Planning pent. 01555 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
^ ^ Weld County Planning Dept.
C -
Interoffice Memo RECEIVED
• To: Julie Chester, t Of Planning Services
• � �/ From: Rick Dill
0 cca
coeo -- Date: August 24, 20 1
Subject: S-605 Challenger PUD
It is important the address range and street name for the PUD appear at the access from
CR 54. All individual addresses must be prominently displayed, particularly during hours of
darkness, at each lot access to the internal road. The HOA mentioned in the proposal must insure
the road is maintained following blowing snow conditions inhibit emergency equipment
response.
The Sheriffs Office is significantly impacted by response to intrusion alarms at private
residences. If owners elect to install such property protection, alarms should be audible/visible to
deter perpetrators by noise and initial response to an alarm should be included in a service
contract with a private security company.
The Sheriffs Office is unable to absorb any additional service demand without the
additional resources requested in the multi-year plan provided to the Board of County
Commissioners in 1998. I have no other comments on this proposal.
From the Desk Of...
Rick Dill
Sheriff's Administrator /r
Weld County Sheriff's Office
910 10th Avenue
Greeley,CO 80631
Phone:970.356.4015 Ext 3931
Fax: 970.305.6460
08/23/2001 10: 58 9705872678 MILLIKEN PAGE 01101
ri ct a
Weld County Referral
o )gi ?Cili 1
ID
COLORADO o '
2001
The Weld County Department of Planning Services has received the following item for review:
TOWN OF MILLIKE.
Applicant . Albert Challenger Case Number S-605
Please Reply By August 16,2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M.,Weld County,
• Colorado.
Location West of&adjacent to WCR 15 Yz,south of WCR 54 j
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan fWe have reviewed the request and find no conflicts with our interests.
See attached letter. y 6\
Comments� kk\ J�9 �, \%\ e� �,N\kk
,\ ._.\.. ,.. �.t� Jam.. NJ,
Signature \&\ Date * *
Agency \ -,ma %
+Weld County Plmningpept 41555N.`117th Ave.Greeley,CO.80631 4(970)353.6100 cxt3540 4(970)304-6498 fax
rit-Li... „
'oe l/eld County Referral
11111 ' �e`a�o,,�ty p`
sfo
i.ut r ` I' ) icip July 26, 2001
COLORADO IttC°\
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of&adjacent to WCR 15 '/2, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
A
Signatur P , n� Date
—4)-2--
Agency (rO2� lI_-S
*Weld County P ning,D pt. +1555 N. 17th Ave. eley,CO.80631 3(970)353-6100 ext.3540 4(970)304-6498 fax
•
WELD COUNTY SCHOOL DISTRICT No. Re - 5J
3 NORTH JAY AVENUE JOHNSTOWN, CO 80534 1 ; -
r
DR.JACK PENDAR
SUPERINTENDENT
Phone(970)587-2336 - J
Fax (970)587-2607
August 13, 2001
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Julie chester:
Thank you for referring case number S-605 to the School District. As stated in previous
letters the projected student impact upon the Johnstown-Milliken School district appears
to be minimal as presented at this time. Currently our elementary schools and middle
school are above capacity and our secondary schools is nearing its capacity. Our facilities
plan indicates that we will have the need to build an additional elementary school within
the next two years.
As of this date the Towns of Johnstown, Milliken and Berthoud have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present,the cash in lieu of land dedication fee is $750. This fee is paid
at the time of the issuance of a building permit and is paid directly to the school district.
As this exemption directly effects the school district adversely, I would request, as a
minimum, that the applicant voluntarily contribute the same fee as all other homebuilders
in our communities have done since the inception of the local IGAs.
Sincerely
Jai E. Pendar
Su rintendent
„a\
Memo
Tcc Weld County Planting Department
From Dr.Jadc E. Pelt, Superi
On 09/18/01
Rut S-605
Please be advised that Mr. Albert Challenger did speak with me concerning a cash-in-lieu of land
dedication fee for the school district.
Mr. Challenger stated that he,or the builder, would pay the appropriate fee that is in effect when he is
issued a building permit.
This arrangement is satisfactory to the school district and we have no further objedions at this time.
I would like to thank you for your support in this matter.
•Page 2
Rug 03 01 08: 15a Division of Wildlife 1 -970-339-5208 p. 1
Weld County Referral
C. July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16,2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29,T5N, R67W of the 6th P.M., Weld County,
Colorado.
. Location West of&adjacent to WCR 15'/2, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
a See attached letter.Comments: 7A- 1 6h P Ha Omen iz/ p?004 ov) /la v � ___acipy Ai Y-17 epler)1W.Sa AZ-: • •ce 6 Lier „ot7
v/e CiirPr kvi p r
Signature ` H Date OE- 0 3-O(
44aria
Agency (OOW
+Weld County Planning,Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304.6498 fax
Rug 03 01 08: 15a Division of Wildlife 1 -970-339-5208 p. 2
STATE OF COLORADO
BIB Owens,Governor OV3R4O
DEPARTMENT OF NATURAL RESOURCES Ti
DIVISION OF WILDLIFE
Ni EOM-OPPORTUNITY B,P v LO/ER
John W.Mumma,Director '• OF
M C Broadway
Darner,Colorado 80216 For Wildlife-
Telephone.(300)W-1192 For People
Courtney Crawford, District Widl. Mgr. May 31, 2000
Dept. of Planning Services
Weld County
1555 N. 17th Ave.
Greeley, CO 80631
The Division of Wildlife received the request from you agency for
comments concerning case #S-533, Albert Challenger
development/conservation easement.
According to the information provided, a conservation easement has
been included on about 12 acres (outlot 1-A) of this development
proposal. This is encouraging, since it will prevent further
development of some of the most valuable wildlife habitat type
(lowland riparian, river bottom, and wetland) in Colorado. The Big
Thompson River meanders through this portion of the property. A
mature stand of cottonwood trees along the river provides for a
well established Heron Rookery.
Outlot 1-B (27 acres) consists mainly of lowland riparian - wetland
habitat, including a gravel pit pond, warm water slough and
approximately 200 yards of the Big Thompson River. This portion of
the property is not included in the conservation easement, yet is
also very valuable in terms of quantity and diversity of wildlife
species. Many species including deer, waterfowl, shorebirds,
raptors (including bald eagles) , pheasant, coyote, red fox, raccoon
beaver, fish, and herptiles are directly dependant on wetland-
riparian habitat. This habitat provides for the potential
existence of Preble's Meadow Jamping Mouse which is listed as
Federally Threatened. Since there is no evidence that a Preble' s
survey has been conducted on this property, consultation with the
D. S. Fish and Wildlife Service is highly recommended.
DEPARTMENT OF NATURAL RESOURCES,Greg WNcher,Executive Director
WILDLIFE COMMISSION,Chuck Lewis,Chairman•Mark LeValley,Vice-Chelrmen•Bemerd L.Black Jr.,Secretary
Rick Eratrorn,Member',Philip James Member•Marianna Refopoulos,Member
Arnold Salazar,Member•Bob Shoemaker,Member •Greg Walther,Non-Voting Member •Don Ament,Non-Vateg Member
Aug a3 01 08: 15a Division of Wildlife 1 -K70-339-5208 p. 3
Use of the above two portions of the property (outlot 1-A and
outlot 1-B) should be limited, including carefully managed grazing
by domestic animals, in order to maintain the quality of the
wildlife habitat. The public viewing area at the East end of
outlot 1-A will benefit watchable wildlife enthusiasts. However,
stipulations or covenants for this development should minimize
human disturbance within these two parcels, especially during
nesting season (April-July) . Domestic dogs and cats running at
large in the area would have a definite adverse impact on wildlife.
Residential lots in this development for the most part will
displace agricultural farm ground. However, lots #3, #4, and #5
include some of the wetland-riparian areas within their boundaries.
Unless strict covenants are established and enforced in order to
protect this habitat from overgrazing, infilling, burning, etc. the
riparian-wetland environment could likely be destroyed. Strict
specifications for septic systems within these residential lots
should be established in order to prevent contamination of the
wetlands and the Big Thompson River.
The Division of Wildlife appreciates the opportunity to review and
comment on this project proposal. Consideration for wildlife and
critical wildlife habitat are essential in minimizing negative
impacts on the resource.
Sinc rely.,,
Cour ney C awfo:d
District ' ldlife Manager
CC Dave Clarkson, Area Wildlife Manager
Mike Sherman, Field Habitat Biologist
Oo`
Ode
rat
off. Weld County Referral
Nu,
July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number S-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of& adjacent to WCR 15 'A, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
THE CHALLENGER P,U.D. IS NOT TN THE CFNTRAT. WFS ) COUNTY WATER TTTSTRTCT'S
SERVICE AREA.
Signature /sot aerDateAP/ ,�Agency GL�/� ,
+Weld County Planningpept. +1555 N. 17th Ave.Greeley,CO.80631 9(970)353-6100 ext.3540 +(970)304-6498 fax
6
Kitt
Weld County Referral
C. July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number 5-605
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location West of&adjacent to WCR 15'h, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ fide have reviewed the request and find that if does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature cc? 4/, a , , J) ..ql Date / 7,Oev
Agency % t guwtiwartsrn
+Weld County Planning pept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
AUG-14-2001 01:33PM FROM-Colorado Geological Survey 3038662461 T-112 P.002/003 F-947
a
,7:
Weld County Referral
July 26, 2001
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Albert Challenger Case Number 5-605
•
Please Reply By August 16, 2001 Planner Julie Chester
Project Planned Unit Development Final Plan
Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
• Colorado.
Location West of&adjacent to WCR 15 h, south of WCR 54
Parcel Number 0957 29 000050
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. My response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Je' We have reviewed the request and find no conflicts with our interests_
U See attached letter.
Comments:
Signature • Date g--(c/-d t
Agency 0/O ra old of Ter Sm.(
!Weld County Vanning pent 41555 N.17th Ave.Greeley,CO.80611 +(970)353-6100 ext3540 4(970)304-6498 fax
STATE OF COLORADO
COLORADO GEOLOGICAL RVEY
Division of Minerals and Geology
Department ofSherman
Resources131
o Street,R3 'WMd County Planning Dept.
Denver,Colorado 80203 VV
Phone:(303)866-2611
FAX:(303)866-2461 DEPARTMENT OF
August 14,2001 -' 6 2001 NATURAL
{�
Legal Location :WYE,S29,T5N,R67W RESOURCES
RECEIRECEIVE ® Bill Owens
VED CGS Case No.WE-02-0013 Governor
Greg E.Watcher
Executive Director
Michael B.Long
Division Director
Ms.Julie Chester Vicki Cowart
State Geologist
Weld County Planning Department
and Director
1555 North 17th Avenue
Greeley,CO 80631
Re:Challenger Ranch,Weld County,Colorado
Dear Ms.Chester:
In response to your July 26,2001 request to review the final plat application of the Challenger Ranch
P.U.D., I have compared previous submittals of this P.U.D. by Weld County and the corresponding
CGS responses to the present submittal. At this date, there appear to be no significant changes to the
proposed final plat addressing the CGS recommendations from May 19,2000 and November 3,2001.
The final plat, dated July 23, 2001, illustrates the presence of leach fields in each of the residential lots.
As expressed in our May 19, 2000 correspondence, it is the opinion of CGS that the engineered
sewage disposal systems may be required,due to the presence of shallow groundwater.
In summary, the previous recommendations of CGS regarding the effects of shallow groundwater and
soil on the site's proposed development remain. Please feel free to contact me at(303)866-2611 if you
have any questions or concems.
Sincerely,
Sean P.Gaffn Celia Greenm
Geologist Reviewing Geologist
CHALLENGER RANCH PU.D. •
LOCATED IN THE NW If3 El THE NV2, SW I/4, SEC.29, T5N, R67W, 6th PM.,
WELD COUNTY, COLORADO
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LOCATED IN THE NW Ii4 & THE NI/2, SWIA, SEC.29,T5N, R67W, 6th PM,
WELD COUNTY, COLORADO
FINAL PLAT
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UTILITIES PLAN Dw.w,CO 00234:728 I.n.a.ne,CO 80538
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za58383 08/18/2001 02:41P JA Suki Tsukamoto
22 of 22 R 110.00 D 0.00 Weld County CO
EXHIBIT B
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CHAL �r ' RA H P .D.
LOCATED IN THE NW/3&THE NVZ,SWV4,SEC.29,T5N, R67W, 6th PM.,
WELD COUNTY,COLORADO
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LANDSCAPE MAP:
THE FINAL PLAT SHOWS "LANDSCAPE EASEMENTS" ADJACENT TO CHALLENGER ROAD ON EACH
LOT. THE LOT OWNERS ARE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF
ALL LANDSCAPE MATERIAL IN THIS EASEMENT.
THIS RESPONSIBILITY IS DEFINED ON THE FINAL PLAT AND IN THE APPROVED CHANGE OF
ZONE PLAT.
THERE ARE NO COMMON AREAS OTHER THAN THOSE DESIGNATED AS OUTLOTS A-A & B-B (CHALLENGER
RANCH ROAD, RIGHT-OF-WAY) AND OUTLOT C-C (THE MULTI-PURPOEE AREA ADJACENT TO
THE ACCESS TO WELD COUNTY ROAD 15-1/2). THESE TWO AREAS ARE COVERED IN THE ROAD
MAINTENANCE AGREEMENT AND ARE UNDER THE JUSRISDICTION AND ARE THE RESPONSIBILITY
OF THE HOMEOWNERS ASSOCIATION.
P ER Y OWN : McRAE & SHORT, ENGINEERS:
71�
ALBERT S. CH LLENGER GERALD B. McRAE
R
PUBLIC DEDICATIONS:
AN ADJACENT 30 FOOT (HALF RIGHT-OF-WAY) IS SHOWN ON THE FINAL PLAT AS ROAD DEDI-
CATION. THIS IS SUPPLEMENTARY TO THE EXISTING WELD COUNTY ROAD 15-1/2.
NO OTHER PUBLIC TRACT DEDICATIONS WERE REQUIRED.
AN AGRICULTURAL CONSERVATION EASEMENT HAS BEEN MADE ON LOT 1 , AREA C AND RECORDED
DECEMBER 9, 1999 UNDER RECEPTION NO. 2737758, WELD COUNTY RECORDS.
A COPY OF THIS DOCUMENT IS LOCATED IN SECTION 8 OF THIS APPLICATION.
DEEDS TO PUBLIC - NONE
LEGAL DESCRIPTION
(SOUTH TRACT - FOR REFERENCE ONLY)
THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF-SECTION 29, TOWNSHIP
5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED PARCELS:
I . THAT PORTION CONVEYED TO SCHOOL DISTRICT NO. 7 OF WELD COUNTY, COLORADO BY DEED RE-
CORDED DECEMBER 28, 1908 IN BOOK 287 AT PAGE 566;
2. THAT PORTION CONVEYED TO UNION PACIFIC RAILROAD COMPANY BY DEED RECORDED DECEMBER 2,
1909 IN BOOK 316 AT PAGE 53;
3. THAT PORTION CONVEYED TO THE GREAT WESTERN CONSTRUCTION COMPANY BY DEED RECORDED
APRIL 26, 1917 IN BOOK 474 AT PAGE 558;
4. THAT PORTION CONVEYED TO JACOB BETZ AND KATHERINA BETZ BY DEED RECORDED JANUARY 8,
1951 IN BOOK 1291 AT PAGE 231 ;
5. EXCEPTING LOTS A AND B OF AMENDED RECORDED EXEMPTION NO. 0957-29-2-RE-1207, ACCORD-
ING TO IHE PLAT RECORDED JULY 10, 1992 IN BOOK 1342 AS RECEPTION NO. 2294977;
SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 89° 52' 00" EAST, AND WITH ALL
OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 89° 52' 00" EAST, 1136.37 FEET ALONG SAID NORTH LINE TO THE WESTERLY RIGHT-
OF-WAY LINE OF THE GREAT WESTERN RAILROAD;
THENCE SOUTH 24° 13' 00" EAST, 1251 .57 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 24° 13' 00" EAST, 2423.97 FEET CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY-
LINE TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00° 02' 14" WEST, 585.42 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89° 58' 46" WEST, 1137.75 FEET ALONG THE SOUTH LINE OF SAID NORTH HALF OF
THE SOUTHWEST QUARTER TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND RECORDED JANUARY 8,
1951 , IN BOOK 1291 , PAGE 231 , WELD COUNTY RECORDS AS ESTABLISHED BY AN EXISTING FENCE
LINE FROM WHICH CORNER THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE SOUTHWEST QUARTER
BEARS SOUTH 89° 58' 46" WEST, 1513.46 FEET (RECORDED AS 1514.4 FEET) ;
THENCE ALONG THE OUTER BOUNDARY OF SAID TRACT BY THE FOLLOWING FOUR (4) COURSES:
I ) NORTH 01 ° 02' 01 " WEST, I83.69_EEET;
2) NORTH 31 ° 28' 10" WEST, 540.66 FEET;
3) NORTH 15° 06' 20" EAST, 255.51 FEET;
4) NORTH 20° 06' 06" WEST, 582.53 FEET;
THENCE NORTH 65° 42' 24" EAST, 509.06 FEET;
THENCE NORTH 00° 29' 09" WEST, 242.80 FEET;
THENCE NORTH 12° 19' 20" WEST, 288.24 FEET;
THENCE NORTH 29° 13' 39" EAST, 186.68 FEET;
THENCE NORTH 08° 48' 30" EAST; 466.74 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 54. 1342 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-
OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW
EXISTING ON SAID TRACT OF LAND.
THE CHANGE OF ZONE WAS APPROVED BY THE WELD COUNTY BOARD OF COUNTY
COMMISSIONERS ON DECEMBER 18, 2000 UNDER COZ Z553 AND FILED UNDER
RECEPTION NO. 2830566.
ivTTT� �T t 1-12
L.
3719 COLORADO HIGHWAY 74
EVERGREEN, CO 80439
Phone: (303) 670-8523 Fax: (303) 670-8538
Our Order Number: 1166268
The Property Address: VACANT LAND, JOHNSTOWN, COLORADO 80534
Current Owner: ALBERT S. CHALLENGER
Property Purchaser: CHALLENGER/REFINANCE
THE MAILING LIST
LENDER:
OTHER: 1O
ALBERT S. CHALLENGER
P.O. BOX 448
EVERGREEN, CO 80439
i/
All Chicago Title locations follow. All phone and fax machine area codes are 303 unless otherwise noted.
ARVADA- Phone 940-8358/Fax 940-8361 •AURORA - Phone 696-0301/Fax 696-9434 ' BOULDER - Phone 938-8767/Fax
546-0426' COLORADO SPRINGS NORTH-Phone(719)260-0222/Fax(719)260-0738•COLORADO SPRINGS CENTRAL-Phone
(719)577-4755/Fax(719)577-4767'CONIFER - Phone 674-7293/Fax 674-7318 ' DENVER - Phone 291-9999/Plant Fax
291-9998/Closing Dept. Fax 291-9997' ENGLEWOOD- Phone 770-0012/Fax 770-0089' EVERGREEN - Phone 670-8523/
Fax 670-8538' LAKEWOOD at West Jefferson Avenue - Phone 986-0843/Fax 986-1130 ' LAKEWOOD at Union Boulevard -
Phone 987-9250/Fax 987-9412 ' LONGMONT- Phone 772-6440/Fax 772-0253 ' LOVELAND- Phone 667-8112/Fax 667-3262 '
FORT COLLINS -phone 226-5242/Fax 223-0375.
•
ENDORSEMENT
No. -1-
Attached to and forming a part of
COMMITMENT NO. CS50675
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
Item 4, in Schedule A, is hereby amended to read:
See attached "Exhibit A"
RE: ALBERT S. CHALLENGER
VACANT LAND,
JOHNSTOWN, COLORADO 80534
This endorsement, when signed below by a Validating Signatory, is made a part of
the commitment. It is subject to all the terms of the commitment and prior
endorsements. Except as expressly stated do this endorsement, the terms, dates
and amount of the commitment and prior endorsements are not changed.
CHICAGO TITLE INSURANCE COMPANY
Dated: JUNE 16, 1999 /hr /• )
•
BY
JC
V dating Signator
•
"Exhibit A"
The Northwest Quarter and the North Half of the Southwest Quarter of Section
29, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado,
EXCEPTING therefrom the following described parcels:
1. That portion conveyed to School District No. 7 of Weld County, Colorado by
Deed recorded December 28, 1908 in Book 287 at Page 566;
2 . That portion conveyed to Union Pacific Railroad Company by Deed recorded
December 2, 1909 in Book 316 at Page 53;
3 . That portion conveyed to Great Western Construction Company by Deed
recorded April 26, 1917 in Book 474 at Page 558;
4 . That portion conveyed to Jacob Betz and Katherina Betz by Deed recorded
January 8, 1951 in Book 1291 at Page 231;
5. Excepting Lots A and B of Amended Recorded Exemption No.
0957-29-2-RE-1207, according to the plat recorded July 10, 1992 in Book 1342
as Reception No. 2294977;
Subject Tract being more particularly described as follows :
Commencing at the Northwest Corner of said Section 29 and considering the
North line of the Northwest Quarter of said Section 29 to bear South 89°52' 00"
East, and with °all other bearings contained herein relative thereto;
thence South 8952' 00" East, 1136 .37 feet along said North line to the
Westerly Right-of-Way line of the Great Western Railroad;
thence South 24°13' 00" East, 1251.57 feet along said Westerly Right-of-Way
line to the True Point of Beginning;
thence South 24°13'00" East, 2423 . 97 feet continuing along said Westerly
Right-of-Way line to the East line of the Southwest Quarter of said Section 29;
thence South 00°02' 14" West, 585 .42 feet to the Southeast Corner of the North
Half of the Southwest Quarter of said Section 29;
thence South 89°58' 46" West, 1137.75 feet along the South line of said
NorthHalf of the Southwest Quarter to the Southeast Corner of that tract of
land recorded January 8, 1951, in Book 1291, Page 231, Weld County Records as
established by an existing fence line, from which corner of the Southwest
Corner of said North Half of the Southwest Quarter bears South 89°58' 46" West,
1513.46 feet (recorded as 1514 .4 feet) ; thence along the outer boundary of
said tract b% the following four (4) courses :
1) North 01 02' 01" West, 183 .69 feet;
2) North 31°28' 10" West, 540.66 feet;
3) North 15°06' 20" East, 255.51 feet;
4) North 20°06' 06" West, 582. 53 feet;
thence North 65°42'24" East, 509. 06 feet;
thence North 00°°29'09" West, 242.80 feet;
thence North 1219' 20" West, 288. 24 feet;
thence North 29°13' 39" East, 185 .68 feet;
thence North 08°48' 30" East, 466.74 feet to the True Point of Beginning.
•
COMMITMENT FOR TITLE INSURANCE
. . . .
SCHEDULE A
1. Effective Date: JUNE 3, 1999 ® 7:00 A. M. RE: Our Order No. : CS50675
2 . Policy or Policies to be issued:
A. ALTA Owner' s Policy Amount $
Proposed Insured:
B. ALTA Loan Policy Amount $ 100, 000. 00
Proposed Insured:
POLO PROPERTIES, LTD. , A COLORADO CORPORATION, ITS SUCCESSORS AND/OR ASSIGNS
C. ALTA Loan Policy Amount $
Proposed Insured:
3. The estate or interest in the land described or referred to in this
Commitment and cove-'d herein is a fee simple, and title thereto is
at the effective date hereof vested in:
ALBERT S. CHALLENGER
4 . The land referred to in this Commitment is described as follows:
"SEE SCHEDULE A CONTINUED"
- 1 -
•
•
•
£0.30dd BPE£ SS LS LIST 5561 BT Nf)I
ENDORSEMENT
No. -2-
Attached to and forming a part of
COMMITMENT NO. CSS0675
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
The following is hereby added to Schedule B. Section 2 :
NOTE: A survey has been received and approved. Upon payment of the standard
charge, a Colorado Form 100 will be attached to the Mortgagee's Policy when issued
and general exceptions 2 and 3 will be deleted from said policy.
The following is hereby added to Schedule 8, Section 1 :
NOTE: Should the insured lender hereunder desire the deletion of exceptions I , 2.
3, 4 and 5 of this commitment, the following requirements will have to be metr
1) The proper execution of and return to Weld County Title Company of its
approved affidavit form (copy attached hereto) will be necesaary prior to the
deletion of items 1 and 4;
2) Following payment of the standard charge. a Colorado Form 100 will be attached
Co the Mortgagee' s Policy when issued, and items 2 and 3 will be deleted from the
policies to be issued;
3) Payment of taxes or special assessments which are not shown as existing liens
by the Public Records will be necessary prior to deletion of item 5.
Upon full and satisfactory compliance with the above requirements, the Company
will delete said items 1 . 2. 3. 4 and 5.
RE: ALBERT S. CHALLENGER
VACANT LAND,
JOHNSTOWN, COLORADO 80534
This endorsement, when signed below by a Validating Signatory, is made a part of
the commitment. It is subject to all the terms of the commitment and prior
endorsements . Except as expressly stated on this endorsement. the terms. dates
and amount of the commitment and prior endorsements are not changed.
CHICAGO TITLE INSURANCE COMPANY
Dated: JUNE 17, 1999 d `
BY U 14---14*
��[t
Va tine Signator
JC
£O ' d BPZF 95£ O/-6 uiuC3 - al 1r , Xduno-7 0, an -trio : co cc -or -tint-
•
COMMITMENT FOR TITLE INSURANCE
* * *
SCHEDULE B
Section 1
RE: Our Order No. : CSS067S
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) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises which are due and payable.
Item (c) The following instrument(s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit :
1. Deed of Trust from ALBERT S. CHALLENGER to the Public Trustee for the use of
•
- 2
COMMITMENT F O R TITLE INSURANCE
* * * *
SCHEDULE B
Section 2
RE: Our Order No. : CS50675
EXCEPTIONS:
The policy or policies to be issued will contain exceptions for 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 ; and exceptions to the following matters
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.
S. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6 . Taxes for the year 1999, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule B, Section 1 .
7 . Right of way for county road and incidental purposes 30 feet wide on either side of
section and township lines as established by Order of the Board of County
Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 .
8. Right of way for ROAD purposes over the easterly portion of subject property as
evidenced by Road Viewer's Report recorded JANUARY 10, 1884 in BOOK 48 at PAGE 9.
9. Right of way for ditch purposes as granted to THE FARMERS IRRIGATING DITCH AND
RESERVOIR COMPANY by instrument recorded AYJGUS i' 6 , 3696 in BOOK 111 at [ ;GE 482, said
right of way being the right of way for its said ditch over and across a portion of
Section 29, and described as follows : Commencing near the north line of said section
and about 30 feet east of the west line running thence south to the Big Thompson River
said right of way being 1 rod wide and about 40 rods in length.
10. Reservation as contained in Patent recorded April 22, 1908 in Book 131 at Page 210,
said reservation being as follows :
a. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises .
CONTINUED NEXT PAGE
- 3 -
•
L'-2 CONTINUED
CS50675
b. Right of way for ditches and canals constructed by the authority of the United
States.
11. A strip thirty feet wide off the north end donated for a public road as shown in Deed
recorded February 15, 1897 in Book 140 at Page 437.
12 . Right of way for railway purposes as granted to THE GREAT WESTERN CONSTRUCTION CO. , A
CORPORATION by instrument recorded MARCH 7, 1902 in BOOK 190 at PAGE 183, said right
of way being a strip of land 80 feet in width across the west half of Section 29,
being 40 feet on each side of the Great Western Railway as now located, described as
follows to wit : Beginning at a point on the north side of said Section 29, 1078 feet
east of the N.W. corner of said section, thence running S. 23O 38' E. for a distance
of 3585 feet, to an intersection of the North and South line of said Section 29.
13 . Right of way for the Hill & Brush ditch conveyed to The Hill & Brush Ditch Company, a
corporation by Deed recorded July 14, 1915 in Book 417 at Page 302, described as
follows: Deriving its water supply from the Big Thompson creek or river with its
headgate on or near the northeast bank thereof in Section 24, Township 5 North, Range
68 West of the 6th P.M. , in Larimer County, and thence entending in a general
southeasterly course for a distance of from five to six miles through, across and over
portions of the South Half of said Section 24 and through the following sections and
parts of sections in Township 5 North, Range 67 West in Weld County, Colorado, viz :
through South Half of Section 19, Northeast Quarter of Section 31, Sections 29 and 28,
the North Half of Section 33, the West Half of Section 34 and the Southeast Quarter of
Section 33, also the right of way occupied by said ditch and its banks and necessary
for its care and maintenance throughout its entire course
14 . Right of way for WEGNER SEEPAGE DITCH as evidenced by Statement filed in the Weld
County Clerk & Recorder's Office, insofar as the same may affect subject property.
15. Mineral Deed from CONRAD PFEIF AND ANNA MARIE PFEIF to CHARLES B. GHOLSON conveying
ONE-HALF of the oil, gas, and other minerals in and under subject property, recorded
JULY 18, 1953 in BOOK 1361 at PAGE 108, together with the right of ingress and egress
at all times for the purpose of mining, drilling and exploring said lands for oil,
gas, and other minerals and removing the same therefrom; and any interests therein,
assignments or conveyances thereof.
16 . Mineral Deed from CONRAD PFEIF AND ANNA MARIE PFEIF to LEE MCCORMICK conveying 1/4 of
the oil, gas, and other minerals in and under subject property, recorded AUGUST 7,
• 1953 in BOOK 1364 at PAGE 59, together with the right of ingress and egress at all
times for the purpose of mining, drilling and exploring said lands for oil, gas, and'
other minerals and removing the same therefrom; and any interests therein, assignments
or conveyances thereof.
CONTINUED NEXT PAGE
- 4 _
•
Li-2 CONTINUED
CS50675
17. Valve Site Contract conveyed to Associated Natural Gas, Inc. , a Colorado Corporation,
recorded May 18, 1990 in Book 1264 as Reception No. 2214323, for the right to
construct, install, maintain, inspect, operate, repair, replace, change or remove a
pipeline gate valve or gate valves with any by-passes, cross-overs, scraper traps or
other material , apparatus, and equipment used in connection therewith or incident
thereto.
18 . Right-of-way easement and Agreement for ELECTRIC LINE OR SYSTEM and incidental
purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOICATION, INC. by instrument
recorded May 17, 1994 in Book 1442 as RECEPTION NO. 2388899, said right-of-way
easement being a utility easement 20 feet wide, 10 feet each side of power line center
and appurtenances as constructed.
19. Operation Standards and Notes as shown on Use by Special Review Permit Plan map
recorded September 11, 1985 in Book 1084 as Reception No. 2024458 .
20. The following notices have been recorded with the Clerk and Recorder of Weld County
pursuant to CRS 9-1 . 5-103 (1) . These instruments do not define the exact location of
the underground facilities and may or may not affect the subject property:
NOTICES BOOK RECEPTION NO.
A) MOUNTAIN BELL 949 1870705
B) PANHANDLE EASTERN PIPELINE 949 1870756
C) UNION RURAL ELECTRIC 949 1871004
D) GREELEY GAS COMPANY 951 1872940
E) PUBLIC SERVICE 952 1874084
F) WESTERN SLOPE GAS 990 1919757
G) ASSOCIATED '-"yTURAL GAS 1037 1974810
H) COLORADO IN'IERSTATE GAS 1041 1979784
I) WESTERN GAS SUPPLY COMPANY 1063 2004300
J) ASSOCIATED NATURAL GAS, INC. 1110 2050953
K) PANHANDLE EASTERN PIPELINE 1117 2058722
L) ASSOCIATED NATURAL GAS, INC. 1187 2132709
M) ST. VRAIN SANITATION DISTRICT 1218 2164975
N) ASSOCIATED NATURAL GAS, INC. 1229 2175917
O) UNITED POWER, INC. , FORMERLY
UNION RURAL ELECTRIC ASSOCIATION, INC. 1288 2239296
P) WIGGINS TELEPHONE ASSOCIATION 1354 2306829
Q) EASTERN PIPELINE SOUTHERN WATER SUPPLY
PROJECT - NCWCD 1514 2458358
21. Terms, conditions and provisions of RESTRICTIVE COVENANT AGREEMENT, between FORBES
PARK RANCH, LLC. , A COLORADO LIMITED LIABILITY COMPANY and ALBERT S. CHALLENGER
recorded MAY 20, 1999 in BOOK a's RECEPTION NO. 2694986 .
22 .•. Oil and Gas Lease from ALBERT S. CHALLENGER AND CELIA L. CHALLENGER to MARINE
PETROLEUM COMPANY, recorded FEBRUARY 15, 1983 in BOOK 989 as RECEPTION NO, 1917548,
and any interests therein, assignments, or conveyances thereof .
CONTINUED NEXT PAGE
- 5 -
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pA, p.jP .) t 11 •J 4:�• . '4 •♦ 1'C `r.. It ` j. ) j'r •.o 1."1,... H a:.ilall,
•i. ' i1�3;5i:rS 1P • N' 11 •9,1:1 ln2 ........7.!1•••,••• : •'••v,.11}!1 r •, •'Le..t. •f1{f
tt .r es ^ n 1108 REC 02049454 04/10/86 11108 $6.00. 1/002 I,Y r • AR2041454 F 2152 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO,• CO
81410
{1
I, ..+f' I . . - _ -_ __- -..__ ACCORDED /TAW'
/TAW'
• >1 &'.• 't
,If'jpil• TINS DEED. ,1.1.No. 20th A.r.1 robrunry .ii 06 f:
Oil E:. Ira-••n Cella L. Challenger
bI.fi
• fr•� ••
/:'.I1a .r.h, City a C..•at'ar Denver ..A.la..1 1�
a, af. C•I•••.I•,.f •
the tire,en t,•...1 Albert S. Challenger .
If. 'st's
. ) h•.r bete,..1.1,r••I.r 25671 Weld County Road-1S 1/2,1itfa•:ttt Johnstown •''
lit:L;!:• Weld .nd.1.lr.r f
•f tA. c••••••,,“
41per.)
g1a{,p!,1 C.tide,•(Ih• Iran. •
Sd•J.•• MI7NCSSr.T11,TA.1 the.•11 part y •flMflnlpar l,fv end In e•n.lArnllm•/IM•u.n of '
tr•if ti' DOLLARS. '•
:•♦ ./! ten dollars and other good and sufficient consideration .
a�t p. p•• p• , r•• y r•
Ili Do lyA part myanse.,
Cirri tlnh•n.l LIh Ow meld 1 athe• rend et.lhe nrelortehmd
'!?N(;.• I. Fairly••nb...A end ..Sn•.L.Ig••1, keg •..n,-.J, r,h...A,read. yd end quit CLAIMED.and by IA..• •
$,Ira preen' 4•es wetter.r de we.•''I. •n4 DINT CLA IN unl.the••1,1 p•rty of the dp.r1. his help, II
..
' 1?:'� • •n.l.•den•,t er..•,a111h. 1,r1,AnU.,lnl..r.t,r1•In d n•n1 ..•• A.h•.%1hr u11 part 1, at 1A parte ern part
.1!.....24.4•44; he p In end I.the fJbnIng de..rlbe.let•r p 1.1 land•ltua.,lyIng end being In the County • es
1!x'1:i: •f Weld •n1 S,.b•(C•Iwr.4..1•.IU `:
v 1.e...r•. le
iliVsrel t •.
! :;`"0 Sec attached exhibit A ' y'
•wI .it A .�: :•
CaCice:P.: Or
A 1,
' ' .•
.11:::".:;.el .. 25671•I••low. Weld County Road-15 1/2, Johnstown, CO - e
•Fill; TO II AVE ANU TO MILD,hr • en..l.nt•lha, with•11 end.ingul.r lb. .ppvarn.nr.• end prl•Ibtr•Ihrr•enl• r
1({I•:� b..nging ar In•nye:.e Os.reu.l• r..•r..lnIq,•n.*II the r•..b,rigl•1.title.Ina tint end elel•,.h.l...•.r,•l the 4•
r' Y I•`• •elA ,. y,,,,,.••,.benefit rindbeh.•I•f the.dlptl y •f
• .1.4.4:1 peel y of far rl p••1.r11A•r In l.�•r rgvi. 1•Ihr•nl
"11 (4P Ih.•re.n4 pert, high/h....4•..I,n.I . ' ••,
w,1�%.t• IN WITNESS WIlE!r.er.Th...bl pert y •11k.r1.•t part ha S Arr.•nu••1 herh•n1 0�S
S 011.'8 r end••al 1kr 4.r•..I year❑......•, ..nl.n. (•1
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of; %, Cells L. Chit 11onger • „•
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STATE Or COLORADO. ,..(
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*PTA'4.1 County•l Denver a1
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CO•u•• The i.,in•t.•n..tit_...r3..el.dr•n.r•r..n.this 20th oral February l
�� •oy.% a 861,' Celia L. Chal,leenger/p ,,f
,�/set:0' Hy renwel..b. •Nr•• /e- -4^ .I/ ..y h.nA.nd.fIle Ire•I. •
. , f't �y
vi• e (/�f p�� ! � ^ , . l •I
y) '41. . rk' : ..
,J1 •• A(MINA'S MrANMANOIY-1 \02 J
•'''I .l•r• AT TN( TIN( Of n(ODRDATION. Tilt IN. ,1Vo•..•••••.0 ` •, I.'.
1• .1 'f ST11IJM(NT WAS IWI,D TO e( uUIXI)llnrf /A e. d
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f:±if roe n.( IISI •••Oroc.AainC nuaa+yf_ ) • 01100 ,e.1 ,
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?! , nor+ ittCnvH w 1tuc1•gnv, [/.••o-• as I •• 1 •'
'. 6:.:J 111010 Copy, DISC0tOe(0 'fft RC 1 { / • ;I: ;�
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hit . •'/ Nit iq•1 • . y'!'' '' lE•/.•••4. r4l::•%'y!d y t) •:•; :•'.u; I ' t••:,f ti..;•vit' " '�!f ••• y1 p! ' •j1 /' ! tC 11'• •Y,'�:.
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♦ ,• 1 t •1••t , • f. ♦ f•t 4° tl • ' • f 1, � ,♦ { ; n�p(.• .t 1 . • l ♦• ,,• t}•�• ,,N4 .;•4 .1..•q,'�.) .: i, ji110'4S •r l/ .,/ .���'I;t{ ,•l�t• tlqul �: �d 1t• .'•;1 '{.�. ...•.:%:.,.?....
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D 1108 REC 02049454 04/10/86 11 :08 $6.00 2/002
il l;• F 2153 MARY ANN FEUERSTEIN CLERX i RECORDER WELD CO, CO
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PROPERTY vase ti'rir)u '
eta I '
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s. • The Northwest Quarter (NW I/I) mid the North Ilnlf of the Southwest Quarter •
i
(NI/2 SWl/4) of Section Twenty-nine (29), Township Five (5) North, Range
s •
re. Sixty-seven (67) West of the GUI P.M., County of Weld, State of Colorado,
tt
'kw, EXCEPT One acre in the Nerthcnst Corner (NE Cor) of said Northwest •
t? Quarter(NWI/4) conveyed to School District !lumber 7 by Warranty Deed
j;• recorded December 28, 1908 in Nook 287 at page 566, and EXCEPT that part
'Al' of the Northeast Quarter of said Northwest Quarter (NEI/4 11191/4) conveyed b
to The Union Pacific Railroad Company by Warranty Deed recorded December
t.f 2, 1909 in Book 316 at page 53 and FURTHER EXCEPTING tllerefrbm that
.1r i certain tract of land containing approximately 41.3 acres conveyed to Henry
•:< • Jacob Betz end Katherina Betz by Warranty Deed recorded in Book 1291 at
page 231, which said tract is more particularly described as follows: as
'''
t' Beginning at the Southwest Corner (SW Cor) of the North Half of the
4 Southwest •/; Quarter (141/2 SP/1/4) of sold Section 29; •
(' thence North 01' East along the West lino of sold Section 29, 1136.3 feet; ,
thence North 62'31' East, 652.3 feet; '
1•: ' thence North 87.12' Eost, 378.8 feet; • •
e• thence South 82'25' East, 132.1 feet; ! '
I.I' thence South 22'23' Enst, 580 feet;
.;• ( thence South 21.21' West, 264.6 feet; ' . ?
0. thence South 31'21' East, 547.3 feet; • :'
, thence South 00'01' West, 196.3 feet; • :• ,
,1 thence North 89.411 West, 1514.4 feet to the Point of beginning. •
•
,
4 County of Weld, State of Colorado • '•
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EXHIBIT "A" •• .4 I•
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is
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...tis k'•
�• , ,•,• j d• I. , I : •..Y ...1•, . 1 .• t t • iO/ :;. f t • 44 Is•. . ..a"..:••:0114.1.%e
♦ .• ��•.t• I ♦',S4) ,• • ••• • { •N • • , A.14 a1U •� ,l11�•� f, • t:
to .d, • ,t' .\ ., • •: L se. 1 •, ••'''' . nl.t• ••• a .:1 )io '1 .::•1'°•:"'*tt %•
't... ' R2ZL1235 D 1317 REC 02269235 11/1!/91 14152 510.00 1/002
s' '
•. • • .,. ':.. N,._ F 0723 MARY ANN FEOERSTESN CLERK b RECORDER HELD CO, CO
-
;I y �. _—__ — WARRANTY DEED
' +i, v y... Fee
.-',• THIS DEED,M,dr a: 13th M d Noveabar 'I:dO d--1•1 -11 Et-
19 91 . banes ALBERT CHALLENGERn ALBT B. CHALLENGER
r
''';pl;.•. :;:a' II deb( -Carry of r—Jerre) d
i„I�� •: I Sue of Cons&&r•°6°)-s^d ma A. MERCER and JUUDO.'ITE 1. I
*'!• , i 4'a�l aaa'e 25671 Meld County Road 15 1/2
':i' y^ .: .hug kpl than, Johnstown, Colorado 80574
i.:
t: d th& C�d VELD End Sued Colorado•D> :— _1 II
l., '��,�' WITNESS.timet th pas e m for end In coav W .cb d a Ow w d II
.'••,••� •: One hundred Fifty Nip. Thousand Nine Hundred and 00/l0oths DOIUAS. .
. ..I • .: .. I' the Imciq d wdbdueT al which V hoeby.seLowledsd,hr paced,brpi,rd..ew.d esavgad.td by them wean sold'II
•.,e:a•t` 't.:fr :1 'prL'b.rpis,sal,coney ad canna yea 4famen.- " ' ed-T ek V Awa ,{aammo.brlajs{r taaay. s
r.•
• . ail the nth pastrami,Inaba oldsIrptetrera,If..y,shave.lying sad boles Is the Cory d i
•r'. ,• !•••., ,o`"�(S_�1 MILD and Sat d Colorado.dna+Dod r follows: li
1 l; 5>Z EXHIBIT RA' ATTACHED DEICE-TO II
I .
' I••,• •� 25671 weld County Road 15 1/2, Johnstown, CO. 80574
.b Leas era..a..mbar
.• ..e• , •• ..:�'. l• TOGETHER with a8 and gander law lcndomcvo end app•rvwwa chasm.*belonging.a le anywise•ppm:ga1n and the I;
. ,. • �;:%}.. mc*en{on and romioa,sua4sder and s&*sairadrrt,rears.haws And ptsdk dmmooC ad all the nat.tight.hoe.Inserts.din and
? ;.'•• . demand whwocw of the proe either In law a°poky.of, 's rd to the oboe bargained pea a.with the b'ediaman led r'
P
••.:; :%'I.a1• l�.J. i aQpunamoaJ. .
.:111::
i;.:.; • 70 HAVE AND TO HO[D the said premises abwc brjy.cd and described..id de sppaam ets.sego the grams.,their tin
'. I. •'::"•:.:. " and assigns forma And do manta:for himself.he tin and personal rcer eawhes.Son cerew,peal.bargain sod spa r aed
. .ids the nano.deck her,and assip.s easiest time of Sr toweling and dclircy oldest prong.be is nell oohed tithe pcaMes .
•• r t.•; •.c.:.4 • .host co.ryd,hr good.sure.paged,absolve and indckaulak came of iahcionce is la.,y got simple,and Sr red rides.Ave
':.,1 .4. ;!: parr and lawful auderiry to pw,bargain,sell ad caw)the same in mower and ban afortsa:d.and that the one a hoe and ck+
bars all forms and odia trams.barJa.saki lion.tars.auesuramu.encwvbrsn ees and mtitioa of Rearm l bd or wan
•Ii•'.'"-'' sooa.actp general taxes for 1991 and subsequent years, except easeasents,
r•i•:i�. :':•.Z restrictions, covenants, reservations. conditions and rights of way
I. of record, if any* rl
•.r i The sr dad . WAIUtANr AND ROREVER DEFEND the she sb.rgae w I. p-ed pmni dm wait sad ble .
I I pa bs wad a poaaeabs d ea grata. she Lein sod manna.against as sd every Vasa.a Mss a lawfully chiming dm whole ur soy p•rt I I
:'r j
•„' �? II aced
- t • ,. amWsma,ss I; The si^ aba shall Ochs&the pea, Own: d
the do sat meal dw a d aq be iobk r afl seeders.
•
it :,
41i WITNESS WIiEREOF the:rinser hr ma nod this deed a the
�l/�wMforth
aliC I
� ♦
)' Albert S. Celle I
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STATE OF COIDRADO I I.
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The Iotr:ng Memmese was aclaoekdgd beta.e this 13 day of November .19 91
I• _ b. Albert 5. Challerger II
.
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II w.q W mud*Meld d. 1O-17 yin I'
•�' Ms Css.a.sb.lapin* .H
q! 1 JC. _ a t _
•
'14:.
I "•'•�: i B 1317 REC 02269275 11/14/91 14 :52 $10.00 2/002
'''•'}•1•' '•" F 0724 MARY ANN FEUERSTEIN CLERX S. RECORDER WELD CO, Co
: '; .{1 .:,t. •EXHIBIT A•
:f. ; •' •e• . LEGAL DESCRIPTION
f ; •
- -
.j .
:�•4,.. Lot A of Recorded Exemption No. 0957-29-2-RE1207, recorded October 25,
1 ..'..: '• •.il„;•• „{.•, •.. 1989, in Book 1247, as Reception 0219556!, being a part of the N1/2 of
•,_,.:.,r, `�`.1;•; Section 29, Township 5 North, Range 67 West of the 6th P.M. , County of •
%f•;.; ';: . •,�`• Weld, State of Colorado, EXCEPTING THEREFROM a parcel of land conveyed to
. �•.:. : Y
•;,,;:•.• Great Western Construction Co.L_4 deed recorded April 26, 1917 in Book
'!•• 474 at Page 558. —i -- -... - - .--_ _ ._____. •
•
..1••• • •••••,'••
The Grantor hereby excepts and reserves unto Masai!, and unto his heir.,
'�•: '' Masai!,personal-representatives, and ss.i
,':,'C1..•: '. � Pes eD 4p., forever, all oil, qes, gravel, and
: • y.:' ' , • • • 1s-and-mineral-rfghb-loctb•d--kry-snr r tl _01=
:.•:.• the real property being conveyed hereby. '
. . ..
•
,••••:".'s;
•
B-2 CONTINUED
CS50675
23. Oil and Gas Lease from ALBERT S. CHALLENGER AND CELIA L. CHALLENGER to SIERRA ENERGY
ASSOCIATES, INC. , recorded FEBRUARY 16, 1984 in BOOK 1021 as RECEPTION NO. 1956372,
and any interests therein, assignments, or conveyances thereof .
- 6 -
•
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 91000001
The Northwest Quarter (NW1 /4 ) and the North Half of the Southwest
Quarter (N1/2SW1/4 ) of Section Twenty-nine (29) , Township Five ( 5)
North, Range Sixty-seven ( 67 ) West of the 6th P.M. , County of Weld,
State of Colorado.
A Portion of said Northwest Quarter (NW1/4 ) and the North Half of the
Southwest. Quarter (N1/2SW1/4 ) of said Section Twenty-nine ( 29)
Township Five ( 5 ) North , Range Sixty Seven ( 67 ) West of the 6th P.M.
County of Weld , State of Colorado having been subdivided on October
25 , 1989, and said portion being Also Known As : Lots A and B of
Recorded Exemption No. 0957-29-2-1207 located in the Northwest Quarter
(NW1 /4 ) of Section Twenty Nine ( 29) Township Five ( 5 ) North, Range
Sixty-seven ( 67 ) West of the 6th P.m. , County of Weld , State of
Colorado.
EXCEPT One acre in the Northeast Corner (NE Car) of said Northwest
Quarter (NW1/4 ) conveyed to School District Number 7 by Warranty Deed
recorded December 28 , 1908 in Book 287 at page 566, and
EXCEPT that part of the Northeast Quarter of said Northwest. Quarter
(NE1/4NW1/4 ) conveyed to The Union Pacific Railroad Company by
Warranty Deed recorded December 2 , 1909 in Book 316 at Page 53 , and
further EXCEPTING therefrom that certain tract of land conveyed to
Henry Jacob Betz and Katherina Betz by Warranty Deed recorded in Book
1291 at page 231 , which said tract is more particularly described as
follows:
Beginning at the Southwest Corner (SW Cor) of the North Half of the
Southwest Quarter (N1/2SW1/4) of said Section 29; thence North 07
Degree East along the West Line of said Section 29, 1136.3 feet ;
thence North 62 Degrees 31 ' East , 652 . 3 feet ; thence North 87 Degrees
12 ' East 378 .6 feet ; thence South 82 Degrees 25 ' East , 132. 1 feet;
thence South 22 Degrees 23 ' East , 580 feet; thence South 21 Degrees
21 ' West , 264 . 6 feet ; thence South .31 Degrees 21 ' East 547. 3 feet;
thence South 00 Degrees 01 ' West , 196 . 3 feet ; thence North 89 Degrees
41 ' West , 1514.4 feet to the Point of Beginning.
•
STEWART TITLE
GUARANTY COMPANY
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
S-605
Emanuel Betz
6835 WCR 52 1/4
Johnstown, CO 80534
Robert& Phyllis Brown
PO Box 613
Johnstown, CO 80534
Forbes Park Ranch LLC
229 S. Price Road
Longmont, CO 80501
William S. &William N. Forbes
7122 WCR 54
Johnstown, CO 80534
Hein Family Registered LLP
8818 E. Hwy 402
Loveland, CO 80537
Jacob Kammerzell Trust
25090 WCR 15
Johnstown, CO 80534
Gordon & Debra Kemmer
2166 SE 14th Street
Loveland, CO 80537
Kent&Jeanette Mercer
25671 WCR 15'Y2
Johnstown, CO 80534
Loretta &Severo Meza
5 Madden Avenue
Johnstown, CO 80534
Paul &Charlene Nelson
9000 WCR 52
Milliken, CO 80543
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners
and lessees of minerals in accordance with the notification requirements of Weld County in Case Number
in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this
26'" day of July, 2001.
( ,
Donita May
AFFIDAVIT OF INTERESTED LAND OWY 'S http://maps.merrick.com/websit'"1...095729000012,095729000010,&Par2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 095729000050
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property
being considered. This list was compiled utilizing the records of the Weld County Assessor available on
the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the
original.sf The list c su from the eords of the Weld C Assessor was within thirty
days of the application's submission date.
nn Signature
Date
Proverty Owners Within 500 ft. of Parcel# 095729000050
NAME I MAILING ADDRESS I PARCEL IDENTIFICATION ti
6835 WELD CO RD 52 1/4
IBETZ EMANUEL 095729000018
JOHNSTOWN,CO 80534
BROWN ROBERT E & PHYLIS P U BOX 613
A 095729000048
JOHNSTOWN,CO 80534
229 S PRICE RD
FORBES PARK RANCH LLC 095729000055
LONGMONT,CO 80501
FORBES WILLIAM SCOTT & 7122 WELD CO RD 54
WILLIAM N & 095729000056
JOHNSTOWN,CO 80534
HEIN FAMILY REGISTERED 8818 E HWY 402
LLLP 095729000043
LOVELAND,CO 80537
KAMMERZELL JACOB TRUST JAKE
& JACOB JR AKA 25090 WELD CO RD 15 095729000010
JOHNSTOWN,CO 80534
KEMMER GORDON B & 2166 SE 14 S'I
DEBRA S 095729000052
LOVELAND,CO 80537
MERCER KENT A & 256/1 WELD CO RD 15 1/2
JEANNETTE Y 095729000053
JOHNSTOWN,CO 80534
5 MADDEN AVE
MEZA SEVERO & LORETTA 095729000047
JOHNSTOWN,CO 80534
NELSON PAUL L & 9000 WELD CO RD 52
CHARLENE A 095729000012
M I LLI K EN,CO 80543
1 of 1 04/24/2001 2:15 PM
•
8. 2 CONTINUED
CS5067!,
23 . Oil and Gas Lease from ALBERT S. CHALLENGER AND CELIA L. CHALLENGER to SIERRA ENERGY
ASSOCIATES, INC. , recorded FEBRUARY 16, 1984 in BOOK 1021 as RECEPTION NO. 1956372,
and any interests therein, assignments, or conveyances thereof .
•
6 -
/5
MEMORANDUM
wokTO: Utility Board August 23, 2001
COLORADO From: Julie A. Chester, Planner III ,
SUBJECT: S-605 (✓
Al Challenger is applying for a Planned Unit Development, Final Plan for five residential lots, open
space and a conservation easement for a Heron Rookery.
The property is located in part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,
Colorado. It is west of and adjacent to WCR 15 1/4 and south of WCR 54.
The utility providers are as follows:
Water: Little Thompson Water District
Electrical: Poudre Valley REA
Natural Gas: Xcel Energy
Sewer: Individual Sewage Disposal Systems
Telephone: U.S. West/Quest
Fire: Johnstown Fire District
Utility easements are in compliance with the Planned Unit Development, Chapter 29, of the Weld
County Code.
The Department of Planning Services' staff recommends acceptance of the Utility Plan Map with
the following addition:
The Engineer's certificate to identify that the utility plans for construction of the Planned Unit
Development were prepared by the Engineer or under their direct supervision, shall be added to
the plat.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
LITTL:'HOMPSON WATER L _fiTRICT
DIRECTORS: Telephone(970)532-2096
Tom DIRECTORS: 835 E.Highway 56
R.�ya eynolds
Drawer O
Ie0 Saael Berthoud.Colorado 80513
Keith Croalwast
Gem W.Ghana
Dean Anderson
Carey J.Ssanmaon
Jamas W.Stroh
MANAGER:
Richard H.N.Mattel
August 7, 2000
Weld County Planning Department
1400 North 17th Avenue
Greeley, CO 80651
TO WHOM IT MAY CONCERN:
Mr. Albert S. Challenger is currently in the process of extending a water line to serve his
proposed subdivision. He has contracted with Gopher Construction and construction should
begin in approximately one week.
As soon as the extension is complete and Little Thompson Water District requirements
have been met we will serve the five lots in Section 29, Township 5N, Range 67.
Richard H. H. Whittet
District Manager
Tap No. 5 77 3
LITTLE THOMPSON WATER DISTRICT
Domestic Water Agreement
This Agreement made this "9 day of 'ire`"Y.stet f .W' CCO by and between
Land Owner. Hereinafter referred to as User,and
LITTLE THOMPSON WATER DISTRICT, a statutory water district. herinafter referred to as the District. is upon the
following terms and conditions. for the property and water tap shown below:
Legal Owner of Property: A I L o rA S . C cur
—
Street
/�
Street Address of Property: . - 1 Lf2.4.) 5-9:-
Town and Zip Code: --S-nL "+fl t-. .1 N D 053Q LTWD Tap No:_S 77's
Crn= mestic Water Service:
itgle Family: Multi-family; Commercial; or Other (describe)
WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District:and
WHEREAS the user is desirous of obtaining domestic water for his property,
NOW THEREFORE, the parties hereto agree to the following:
I. This agreement shall be the binding contract between the User and the District.
2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the
water rate or charge for such water service. Payments shall start when the District installs the tap and water is available for
delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District, shall be due and
payable regardless of water use.
S. Until paid.all rates.tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien
may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien.
The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and
Regulations.
4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to
include the property served within the District, if this has not been previously accomplished.User further agrees that he will
not permit other persons to use water furnished to him under this agreement.
5. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver
water because of war, riot, insurrection, breaks in the water system or Acts of God.The District shall endeavor to repair all
breaks promptly on District lines.
6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from
time to time by the Board of Directors.
7. The user's name and billing address for all statements and notices is:
—Po k- 4y'
Phone: -1-AC'13 - C 7 y - c^y a yc
IN WITNESS WHEREOF the parties have subscribed their names the day and year firsts •Net n.
LITTLE THOMPSON WATER DISTRI / / / 7//
BY7i---fit
(Signa
LTWD Form 120 '
(Rev. April. 1986)
LITTLE THOMPSON WATER DISTRICT
WATER TAP APPLICATION TAP NO: S-7-73
TO: Board of Directors,Little Thompson Water District
Application is hereby made for domestic water service to the following described property
Legal Owner of Property: Q ( �Q r , t�k ca I( c r is Q (�
Street Address of Property: (2o LU<AS
Town and Zip Code: cR 0 S 3y
Subdivision: CroSsrood wCl?S'l £ IS Lot No: Block No:
Section:a9 Township: r" North, Range: . ,`1 West of the 6th P.M. County: Lj e 1,—)
Applicant understands that if this application is not accepted by the District,or in the event the applicant decides to withdraw
this application for water service prior to installation,the tap fee will be refunded to applicant,with the exception of any actual
expenses which may be incurred by the District in processing this application. -
Meter Size Tap Fee
5/8" 1 3 ppco
3/4"
I"
1.5"
2"
Notes:
Tap sizes larger than 2"will be charged a fee as set by the Board of Directors.
TAP FEE f —x-) oo IMPACT FEE I 0 50 .eic SPRINKLER TAP FEE
Applicant understands that property must be included in the District boundaries for service and agrees to furnish a complete
written legal description of the property served prior to tap installation, if so requested.
If application for service is accepted, applicant understands that the water service is subject to the rules and regulations of
the District, as currently established,or as may be modified in the future by the Board of Directors. A copy of the rules and
regulations for the District is available for the applicant, if desired.
Applicant certifies that final lot grade will be established prior to installation. The District will not be liable for the
e: aateter rel 'catid if required after installation due to a c
kJ, .
ignature of Leg )j ignature of Applicant)
(Street Address)
5t,crcarcorms Co �/-oT -
FOR DISTRICT OFFICE USE ONLY flown and Zip Code) 0 94,
Tap Number: S 7'73 Area: 30-\ - ( 744 " ?LI as
Tap Fee Rec'd: 14 d 50 . o o (Telephone Number)
Land Included in District: District hereby acknowledges receipt of
Meter Book: S j3e, 1 c/o.tcz, '0
Map Number: Node Number:
Date Tap Installed: t2-N .no
Job Order #: I S District Representative Date
UTTLE THOMPSON WATER DISTRICT OFFICE:(970)532.2096
�- 835 E.HIGHWAY 56•BOX G
BERTHOUD,COLORADO 80513 PREVIOUS BALANCE ^00
PRESErrtG I PREVIOUSG I GALS USED
IN PERIOD I DESCRIPTION I AMOUNT ACCOUNT W. I AMOUNT DUE
EE DIN READIN
0 Cu 71 . 39 5773 71 . 39
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PENALTIES WILL SE ADDED ON DELINQUENT ACCOUNTS.
ACCOUNT NO ° - &LUNG DATE
I SERVICE ADDRESS .'E - - .• ` C
" - - - - ) r" - - PLEASE RETURN THIS STUB
TO INSURE PROPER CREDIT
@iE Albert Challenger
PO Box 448
LITTLETHOMPBOXGATERDISTRICT
Evergreen CO
80437-0448 BE RTHOUD.COLORADO 80513
• AFTER HOURS PHONE:24 HOUR ANSWERING SERVICE•(970)532-2096
E a 6 /s/a: .
May- 11 -01 05 : 24A r—.• P _ 01
Proposal Pioposol No. 3 54
FROM Gopher Excavation. Inc. Sheet No- I / I
2301 Blue Mountain Ave.
Berthoud. CO 80513 Dale 5- 1 I -0 I
(303) 651-2894
Proposal Submitted To Work To Be Performed At
Mr . Al Challenger/Challenger Ralspotet Challenger Ranch P . U . D .
Name
Milliken Cororado
Street .. _P. Box 448 City Stp to._
WCR S7.F15 South Caat Corner
City F..zargr.e.an_..___.___ --_ _._.. Dote of Plans.___. _
State Coln.r.ado.__ RO417-04LR Archl ct_elJgt $cob 1. . ----ht
Telephone Number 303-60I -5722 F : 303-.67..4-7533 es / ec 1 . 5N Rb /W-hfh Y .M.
We ) A ('minty
We hereby propose to furnish all the materials and perform oil the labor necessary for the completion of
Tnaral1J ?h0r of 8" DRIL from the existing Fnrhec Fri sane i nn
Tnet all 7 ITWD standard fire h Aranty alnng that run with _-_....._._
5 meter au_s___.6 2" Rlnw-nff assemhlw _sr i_ll ha finer all d._i,L_Ltin___
end of the lino A 8" isoLat inn valve will also ha satirist!
the new I ine for reef into purpneev
rf DPIL • $?4570 (10
2- Cmmnlete Lite hydrants - $ S _s 0(1 00
.. 5- Complete Meter pits s 2 500 n0
I - $ lnw off assembly : $ 1 ? i0 n(1
I - fi" .gato,. valve with box (1 tliseers• ggppyyttppyV ( r $ 1 , 754_(lu_
AhinWarTcM Atli L�ggrtif SP rODO88T AOCiltcg , YC KM11S�rS UR�E�l N�. . SYkKINt:
All material is guaranteed to he as specified, and the above work to be performed in accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Dollars IS 3 5 ,4 70 . 0 0 1.
with payments to be made as follows:
50% Prior to work starting , 50% wham complete . Net 30 days
..._27 ioraragr per monrh tinr itpaid in full
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary Insurance upon above work. Workmen's Compensation and Public
Liability Insurance on above work to be taken out by r p ph a r E'Cu.. r ;;J I.,..
Respectfully submitted "�' 1 v
Per W . Rex Suits
Note—This proposal may be withdrawn by us if not accepted within 60 days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be mode as outlined above.
•
Accepted_._.—. ._ .._.__ Signature—_ _.._._.._ _.
Date.. _ __—._.._... • Signature
CM, LITHO :n V. G.
TOPS roam 345O
•
Pqudr' R
POUDRE VALLEY RURAL Valley EA
ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY• P.O. BOX 272550 FORT COLLINS .(970) 226-1234
FORT COLLINS, COLORADO 80527-2550 FAX NO. • (970) 226-2123
1-800-432-1012
May 3, 2001
Al Challenger
P.O. Box 448
Evergreen, CO 80439-0448
RE: CHALLENGER RANCH P.U.D. PROPERTY LOCATED IN NW X, N y. OF THE SW 'X
OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M. ,
COUNTY OF WELD, STATE OF COLORADO
Al Challenger:
Poudre Valley Rural Electric Association, Inc. is ready, willing and
able to serve all electrical loads within our certificated service
territory subject to the Rules and Regulations of Poudre Valley Rural
Electric Association.
If you have any further questions, please call our office.
Sincerely,
/ferry ding /27
Engi ering Representative
pl
C:\My Documents\TF\CHALLENGER READY TO SERVE LETfER.docp
AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Eincrgy. Partner 4j)(
** 10.39 bC101 ** ^ r10.39W
Xcel Energy-
1901 East Horsetooth Road
Fort Collins,Colorado 80525
May 4, 2001
Broker One, Real Estate Company
Albert Challenger, Broker Associate
29029 Upper Bear Creek Rd, Suite 104
Evergreen, CO 80439
Dear Mr. Albert Challenger:
I am writing this in response to your request for an approximate estimate to install natural
gas distribution system for the Challenger Ranch P.U.D., located in the NW 1/4 & the N1/2,
SW1/4, Section 29, Township 5 North, Range 67 West, 6th Principal Meridian, Lot 1 through Lot
5, Weld County, Colorado.
The approximate cost to install the natural gas distribution system is $6,090.00, which is
considered an advanced contribution.
The normal time frame for engineering the natural gas distribution system is approximately four
to six weeks — once you have notified me to design the system. Construction scheduling takes
place once contracts our signed and the payment is returned to me and can be anywhere from
ten to fourteen weeks.
The cost for the natural gas service lines to the individual lots from the main gas distribution
system is determined and billed after Installation.
If you have any further questions, please contact me at 970-225-7846.
Sincerely,
ann . a e J. .)
lanner, Engineering •
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UTILITY EASEMENT SECTION
MAY 30, 2001
STATEMENT OF COMPLIANCE
AFTER REVIEW OF VARIOUS CORRESPONDANCE FROM THE UTILITY SERVICE COMPANIES AND
DISTRICTS, AND REPORTS AND PREPARATION OF REQUESTED EASEMENTS AND THE UTILITY
COMPANY APPROVAL STATEMENT ON THE FINAL PLAT, TO THE BEST OF MY KNOWLEDGE AND
BELIEF, THIS APPLICATION AND PROPOSED PLATS AND PLANS ARE IN COMPLIANCE AND
MEET ALL THE CRITERIA AS SET FORTH IN THE CHANGE OF ZONE DOCUMENT AS APPROVED
BY WELD COUNTY.
ALL ASPECTS OF THE RESIDENTIAL AREA AND CONSERVATION AREA HAVE BEEN ADDRESSED
AND THE DEVELOPMENT GUIDE HAS BEEN FOLLOWED AND ADHERED TO IN RESPECT TO ACCESS
ROADS, UTILITIES, STORM DRAINAGE AND THE FLOOD PLAIN AND WELD COUNTY REQUIREMENTS.
RESPECTFULLY,
McRAE & SHORT, INC. ,.++ {
o " ''
" "f+g
Enuni
GERALD B. McRAE, PROF SSIO AL ENGINEER A�ib� ��1b iQ
LAND SURVEYOR, COLORADO REG. NO. 6616 'a;, '.ti l
41
e s i„.A+yj1i'+�
COSTS FOR IMPROVEMENTS WILL BE REVIEWED AT THE FINAL UTILLTIES BOARD HEARINGS.
OWNER WILL PROVIDE EITHER AN IRREVOCABLE LETTER OF CREDIT, A DEED OF TRUST,
OR A BOND, OR COMBINATION THEREOF IN AN AMOUNT ACCEPTABLE TO THE WELD COUNTY
ATTORNEY'S OFFICE.
A SERVICABLE ACCESS ROAD HAS BEEN INSTALLED AS A RESULT OF PREVIOUS FARMING
AND GRAVEL MINING OPERATIONS. ALL UTILITIES HAVE BEEN BROUGHT TO THE PROJECT
SITE.
P.U.D. CONSTRUCTION SCHEDULE:
ALL UTILITIES HAVE BEEN PROVIDED OR ARE UNDER CONTRACT TO EXTEND ONTO THE NORTH
END OF THIS P.U.D. THESE UTILITIES WILL PROVIDE SERVICE TO LOT 5.
THE REMAINING LOTS ARE TO BE INSTALLED UPON THE SALE OF THE FIRST OF THESE LOTS OR
WITHIN ONE YEAR, WHICHEVER OCCURS FIRST.
NOTE:
ACCESS ROAD AND UTILITIES ARE DEALT WITH IN SECTION 9 ( IMPROVEMENTS AGREEMENT).
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