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RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #2959 - IVAR AND DONNA LARSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of
the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat
known as Recorded Exemption #2956, does not come within the purview of the definition of the
terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Recorded Exemption #2959 was submitted by Ivar and
Donna Larson, 925 North County Line Road, Route 1, Berthoud, Colorado 80513, for property
which is located in part of the Lot B of Recorded Exemption #126; being part of the NE1/4 of
Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, being
more particularly described in the plat which shall be provided by the applicant and known as
Exhibit "A," said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 9.3 acres and 6.2 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms, "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2959 by Ivar and
Donna Larson is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption 1061-05-1 RE-2959.
B. All approved accesses shall be clearly shown on the plat. Accesses
shall be placed in such a location as to have adequate sight distance in
both directions, shall not be placed below the crest of a hill or where
physical obstructions are present, and shall be a minimum distance of 75
feet from any intersecting County or State roadway.
C. Lots A and B shall use the existing residential access as no additional
accesses shall be granted.
2001-0285
RE2959
0Q, Pt , �a
RE #2959 - IVAR AND DONNA LARSON
PAGE 2
D. The applicant shall submit to the Department of Planning Services a
recorded copy of documentation showing a commitment to maintain the
designated access signed by all the owners of the property crossed by
the access and binding their successors in interest to such properties to
such commitments maintained. The access shall be for ingress and
egress and such documentation shall be referenced on the plat by the
Weld County Clerk and Recorder's reception number.
E. A 60-foot wide joint easement form State Highway 60, extending across
Lots A and B of Recorded Exemption #2956, and across the flagpole
portion of Lot A of Recorded Exemption #2959, for the benefit of Lots A
and B of Recorded Exemption #2956, and Lots A and B of Recorded
Exemption #2959, shall be clearly shown on the plat. The joint access
easement shall be dedicated for the use as shown using the language set
forth in the Weld County Code, Appendix 24-F.E. The easement shall be
graded and drained to provide all-weather access.
F. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to State Highways. Please contact CDOT to verify the
access permit, or for any additional requirements that may be needed to
obtain or upgrade an access permit to Lots A and B.
G. The applicant shall attempt to address the requirements of the Berthoud
Fire Protection District, as stated in the referral response received
October 27, 2000. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
H. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the original parcel.
The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property
is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line of Highway 60. No building or structure as
defined and limited to those occupancies listed as Groups A, B, E,
H, I, M, and R in Table 3-A of the 1997 Uniform Building Code,
shall be constructed within a 200-foot radius of any tank battery,
or within a 150-foot radius of any wellhead. Any construction
within a 200-foot radius of any tank battery, or 150-foot radius of
any wellhead shall require a variance from the terms of the
Section 23-6-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
2001-0285
RE2959
RE #2959 - IVAR AND DONNA LARSON
PAGE 3
3) Prior to the release of building permits, the applicant shall submit
a recorded deed describing the lot upon which the building permit
is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and
Recorded Exemption number.
4) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lots A
and B have an adequate water supply of sufficient quality,
quantity and dependability.
5) Should noxious weeds exist on the property, or become
established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-10, Weld County Code.
6) Weld County's Right To Farm statement, as it appears in the
Weld County Code, Appendix 22-E, shall be placed on the Plat.
3. The applicant shall submit a mylar plat to the Weld County Department of
Planning Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the requirements of
Section 24-8-70, Weld County Code. The plat shall be submitted within sixty
(60) days from the date of approval by the Weld County Board of
Commissioners. The applicant shall be responsible for paying the recording fee.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
dola. S, WELD COU 'ITY, COLORADO
ATTEST: aterittiah +ti��;' J ��A /�� kJ-. •
��.vv, fri . J. Geile, Chair
Weld County Clerk to the B%r: (( :i•a +
,, 9.6l4.
c� ‘r,
� Vaad, Pro-
BY: ��7 -„ �o�.,�. • eI
Deputy Clerk to the Board %
Willr H. Jerke /
APPR7 AS TO F M: 3 . c k , .y\c y
Davi o g M�,,
C ty At o ney U &_ r� AL-
Robert D. Masden
2001-0285
RE2959
• •
0 DEPARTMENT SERVICES
RECORDED EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Julie A. Chester HEARING DATE: January 29, 2001
CASE NUMBER: RE-2956, Total acreage is 10 acres, proposed Lot A is 5 acres, Lot B is 5 acres
RE-2959, Total acreage is 15.5 acres, proposed Lot a is 6.2 acres, Lot B is 9.3 acres
APPLICANT: Ivar and Donna Larson
ADDRESS: 925 N. County Line Road, RTE 1, Berthoud, CO 80513
REQUEST: Two Recorded Exemptions
LEGAL DESCRIPTION: RE-2956: Lot A of RE-126, part of the NE4 of Section 5, T4N, R68W of the 6'h P.M., Weld
County, Colorado
RE-2959: Lot B of RE-126, part of the NE4 of Section 5, T4N, R68W of the 6'h P.M., Weld
County, Colorado
PARCEL NUMBER: 1061-05-000018
ZONE DISTRICT: (A)Agricultural
WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic system
The Department of Planning Services'staff has reviewed these requests and recommends that these requests be
denied for the following reasons:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with
Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code, as follows:
a. Section 24-8-40.6.1 -Conformance with the urban growth boundary goals and policies contained in Chapter
22 of the Weld County Code as well as any approved intergovernmental agreement when the recorded
exemption application is located within a specified intergovernmental boundary area. It is the opinion of the
Department of Planning Services'staff that the two recorded exemptions on adjacent properties do not meet
the intent of the goals and policies of the Weld County Comprehensive Plan Urban Growth Boundary Goals
and Policies. UGB.Goal 3 states, "The County and municipalities should coordinate land use planning in
urban growth boundary areas, including development policies and standards, zoning, street and highway
construction, open space, public infrastructure and other matters affecting orderly development." The
applicant is proposing to create four lots using the Recorded Exemption process, rather than a more
appropriate subdivision process. UGB Policy 3.5 states, "If public facility or service improvements are
required by a development, and will not be provided by the adjacent municipality, the developer will pay
these costs initially." The Recorded Exemption process does not require the applicant to provide the same
services that a subdivision process would require. The applicant is not required to provide an internal road
system and access issues, public water supply agreement, a Geotechnical Survey to evaluate any
Geological Hazards and soil conditions of the proposed lots, design standards or any of the other
requirements of a subdivision. Normally, a four lot subdivision would require a Change of Zone as part of
the process and these four parcels will remain zoned Agricultural. The subdivision process also requires a
Final Plan application which require public hearings,with public input. The public is not notified of Recorded
Exemptions and does not have the opportunity to comment on four lots being created through this process.
2001-0285
b. Section 24-8-40.8.2- Compatibility with existing surrounding land uses. This parcel is not located within an
urban growth boundary and the four proposed lots are not compatible with existing surrounding land uses
including agricultural farmed fields. A subdivision process would ensure mitigation of uses which are not
compatible.
c. Section 24-8-40.8.3-Consistency with the intent of the zone district the recorded exemption is located within
as expressed in Chapter 23 of the Weld County Code. The intent of the Agricultural Zone District is stated
in the Weld County Code, Chapter 23, as an area"which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land uses. The Agricultural District is
established to maintain and promote agriculture as an essential feature of the County. As stated previously,
the Recorded Exemption process does not go through a Change of Zone and these proposed lots will retain
their Agricultural zoning. It is the opinion of the Department of Planning Services' staff that this is not
consistent with the intent of the Agricultural Zone District.
d. Section 24-8-40.6.4 - Consistency with the purpose of efficient and orderly development as expressed in
Section 24-1-30 of the Weld County Code. It is the opinion of the Department of Planning Services'staff that
this proposal is not consistent with the purpose of efficient and orderly development for reasons stated
previously and as stated below.
1) Section 24-1-30.A - Assisting orderly and integrated development. The Department of Planning
Services'main concern is the creation of two island lots. The configuration of RE-2959 in particular is
a concern due to the creation of an island lot from a flag lot. If the Board of County Commissioners
finds that the Recorded Exemptions meet the criteria, staff recommends that a minimum of thirty(30)
feet access easements shall be provided for the island lots, to mitigate problems with future land
owners.
2) Section 24-1-30.8 -Promoting the health, safety, and general welfare of the residents of the County.
3) Section 24-1-30.C-Ensuring conformance of land subdivision plans with the public improvement plans
of the County and its various municipalities.
4) Section 24-1-30.D-Ensuring coordination with public municipal improvement plans and programs.
5) Section 24-1-30.E - Encouraging well-planned subdivisions by establishing adequate standards for
design and improvement.
6) Section 24-1-30.G -Safeguarding the interests of the public, the homeowner, and the subdivider.
7) Section 24-1-30.11 - Securing equitable handling of all subdivision plans by providing uniform
procedures and standards.
8) Section 24-1-30.J-Preserving agricultural land and promoting its most productive agrarian use.
9) Section 24-1-30.K-Ensuring irrigation water currently associated with a farm or rural unit of land will
be retained for agricultural uses.
10) Section 24-1-30.R-Ensuring the planning for and provisions of an adequate and safe source of water
and means of sewage disposal.
e. Section 24-8-40.8.5 - Compliance with the recorded exemption standards set forth in Section 24-8-80 of the
Weld County Code.
1) Section 24-8-80.A - The water supply for all lots as proposed by the recorded exemption application
is adequate in terms of quality,quantity,and dependability. The applicant is proposing Little Thompson
Water District water taps for the development. This is an adequate water supply for the recorded
exemptions.
• •
2) Section 24-8-80.8 - An adequate sewer service is available to serve the uses permitted on both
proposed lots. The sewer service shall comply with the requirements of the applicable zone district and
the Weld County Department of Public Health and Environment. The applicant is proposing four septic
systems on a total of 25.5 acres. This is acceptable with current Weld County Department of Public
Health and Environment standards. Their recommendation is a minimum of one acre per septic
system, if the lot has a public water supply.
3) Section 24-8-80.C-An adequate legal access exists for all proposed lots to a public road. All accesses
shall be in accordance with Chapter 8,Article 11 of the Weld County Code. The applicant is proposing
two separate accesses for the lots and is creating two island lots with these Recorded Exemptions. The
Department of Planning Services'staff has concerns regarding safe access for the created four parcels
due to the access onto State Highway 60 and for emergency purposes. It may be difficult for
emergency vehicles to provide service to the four lots. In a referral response dated October 25, 2000,
from the Berthoud Fire Protection District, there is a request for the installation of an approved fire
hydrant adjacent to the entrance of both Recorded Exemptions. This has been addressed through
Conditions of Approval.
4) Section 24-8-80.D - The proposed recorded exemption will comply with Chapter 23, Article V of the
Weld County Code. The proposal recorded exemption does not lie within any Overlay Districts, as
described in Chapter 23, Article V of the Weld County Code.
5) Section 24-8-80.E- The minimum size of any lot proposed is not less than one (1)acre, except where
smaller lot sizes are allowed in the zone district or where exempted by the Board of County
Commissioners. The proposed lots sizes are one acre or larger.
6) Section 24-8-80.F- The decision to approve a recorded exemption may be conditioned to mitigate
impacts or address concerns of referral agencies. Existing or future public rights-of-way shall be
dedicated or reserved in conformance with Chapter 22 of the Weld County Code and any adopted
intergovernmental agreements,or master plans of affected municipalities. The Department of Planning
Services' staff is in the opinion that the proposed Recorded Exemption cannot be conditioned to
mitigate the impacts or address the concerns of the referral agencies. It is the opinion of the
Department of Planning Services' staff that the access issues and configuration of the lots are not
issues which can be mitigated through Conditions of Approval.
7) Section 24-8-80.H- The proposed recorded exemption is not part of a recorded exemption approved
within the last ten (10)years. However, both Recorded Exemptions are on lots of previous Recorded
Exemption lots and does not meet the intent and purpose of a Recorded Exemption or the intent of the
Agricultural Zone District as previously stated.
8) Section 24-8-80.J-The proposed recorded exemption does not evade the statement of purpose as set
forth in Section 24-1-30 of the Weld County Code. It is the opinion of the Department of Planning
Services' staff that two side by side Recorded Exemptions do evade the statement of purpose as set
for in Section 24-1-30 of the Weld County Code for all of the reasons stated previously.
f. Section 24-8-40.6.6-Adequate provision for the protection of the health,safety, and welfare of the inhabitants
of the neighborhood and the County. The Department of Planning Services'staff has determined through their
review of these two Recorded Exemptions, that the protection of the welfare of the inhabitants of the
neighborhood and County have not been considered through this process. As stated previously, the public
is not notified of the creation of these four proposed lots. Through a subdivision process the surrounding
property owners would be notified and able to state their concerns regarding the creation of four lots in their
neighborhood.
•
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached for RE-2959:
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according
to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption 1061-05-1 RE-2959.
B. All approved accesses shall be clearly shown on the plat. Accesses shall be placed in such a location as
to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where
physical obstructions are present and shall be a minimum distance of 75 feet from any intersecting County
or State roadway.
C. Lots A and B shall use the existing residential access point as no additional accesses shall be granted.
D. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any
agreement signed by all of the owners of the property crossed by the access.The access shall be for ingress
and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number.
E. A 30 foot wide joint easement extending across Lot B of RE-2956 from State Highway 60,for the benefit of
Lots A and B, shall be shown clearly on the plat. The joint access easement shall be dedicated for the use
as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be
graded and drained to provide all weather access.
F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways.
Please contact CDOT to verify the access permit or for any additional requirements that may be needed to
obtain or upgrade an access permit to Lots A and B.
G. The applicant shall attempt to address the requirements of the Berthoud Fire Protection District, as stated
in the referral response received October 27, 2000. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
H. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld
County Treasurer showing no delinquent taxes exist for the original parcel.
The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M
and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius
of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms
of the Section 23-6-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot
upon which the building permit is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and Recorded Exemption number.
4) Prior to the release of building permits, the applicant shall submit evidence to the Department of
Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and
dependability.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Section 15-1-10 of the Weld County Code.
6) WELD COUNTY'S RIGHT TO FARM
3. The applicant shall submit a Mylar plat to the Weld County Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of
Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of
approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the
recording fee.
• •
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
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NO. TYPE FEES
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4221•SITE PLAN REVIEW
4221 -COZ
4221 -P1111
4221 -SUBDIVISION
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ON-CALL PLANNER 340
SII 1..J CIiECK NO: TOTAL
RECEIPT /? - 7
DEPARTMENT OF PLANNING SERVICES
4 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353.6170 Ext. 3540
Fax (970) 304-6498
IlliC.
COLORADO
•
September 29, 2000
Intermill Land Surveying, Inc.
Attn: Steve Stencil
1301 N. Cleveland
Loveland, CO 80537
Subject: RE-2959 A Recorded Exemption located on a parcel of land described as Lot B of RE-126. Part
of NE4 of Section 5, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Stencil:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria,you will be notified
and asked to appear before the Board of County Commissioners at a public hearing. You will be informed
of the hearing date prior to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
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 Berthoud and Johnstown Planning Commissions for their review and comments. It is recommended
that you and/or a representative be in attendance at the Berthoud and Johnstown Planning Commission
meetings to answer any questions the Commission members may have with respect to your application.
Please call the Town of Berthoud at 970-532-3754 and the Town of Johnstown at 970-587-4664, for further
details regarding the date, time, and place of these meetings.
If you have any questions concerning this matter, please call me.
Sincerely,
Alt` - L"�C� '
ulie Chester
Planner
a
4 DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
' 1555 N. 17th Avenue, Greeley, CO 80631
D CPhone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
January 23, 2001
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions 2956 and 2959
Dear Commissioners:
Ivar and Donna Larson have requested two Recorded Exemptions to occur on Lots A and B of RE-126,
being part of the NE4 of Section 5,Township 4N, Range 68W of the 6th P.M.,Weld County,Colorado.The
two parcels are south of and adjacent to State Highway 60, approximately three miles west of 1-25 and
one and a half miles east of the Weld County/Larimer County line. There are no existing homes located
on the either of the properties in question.
Planning staff has found that the application is not in compliance with Section 24-8-40.B.1 through 24-8-
40.B.6 of the Weld County Code. For this reason we are requesting the case be reviewed by the Board
of County Commissioners.
The Department of Planning Services' staff requests that the Board of County Commissioners consider
the application and determine if the standards of Sections 24-8-20 through 24-8-80 of the Weld County
Code have been met and adhere to the goals and policies of Chapter 22 of the Weld County Code.
Sincerely,
zry
Julie A. Chester
Lead Planner
d DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
ipFax (970) 304-6498 C
COLORADO
January 23, 2001
Intermill Land Surveying, Inc.
Attn: Steve Stencil
1301 N. Cleveland
Loveland, CO 80537
Subject: RE-2956 and RE-2959
Legal Description:Lots A and B of RE-126, part of the NE4 of Section 5, T4N, R68W of the 6th P.M., Weld
County, Colorado
Dear Mr. Stencil:
This letter is to inform you that the above referenced Recorded Exemptions have been reviewed by the
Department of Planning Services and it has been determined that the application does not meet the
standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code. This application is
scheduled before the Board of County Commissioners on January 29, 2001 at 9:00 a.m. The Board of
County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The
staff recommendation will be available 24 hours before the Board of County Commissioners Hearing.
Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will
be asked if you are in agreement with the conditions.
If you need any further information, please feel free to contact me at the above address or telephone
number.
Sincerely,
Julie A. Chester
Lead Planner
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DECLARATION OF PROTECTIVE COVENANTS
FOR RECORDED EXEMPTION 1061-05-1RE-2956 AND
RECORDED EXEMPTION 1061-15-1RE-2959
(also known as MOUNTAIN VIEW ESTATES)
Recorded Exemptions situated in Weld County, Colorado,
This Declaration of Protective Covenants running with the land is made by the Owners of all of the Real
Property to be known as MOUNTAIN VIEW ESTATES , which Property is described in those certain
recorded exemption plats recorded for Recorded Exemptions 1061-05-1RE-2956 and 1O61-05-1RE-
2959, located in:
Section 5, Township 4 North, Range 68 west of the 6th Principal Meridian, Weld County,
Colorado.
RECITALS
1. Declarants are the Owners in fee of all of the above-described land in those recorded exemptions
sometimes referred to hereafter as Mountain View Estates or the "Property".
2. It is the intention and desire of the Declarants to set forth this Declaration of Protective
Covenants in order to promote the harmonious and attractive development of the Property for
the health, comfort, safety, convenience, and general welfare of the present and subsequent
Owners of the Property and each portion thereof.
NOW THEREFORE, Declarants hereby declare that the Property is subject to the following protective
covenants which shall run with the land for the benefit of and be binding upon each present and
subsequent Owner of any portion of the Property and their respective grantees, successors, personal
representatives, and assigns.
ARTICLE I
DEFINITION OF TERMS
1.01 As used in this Declaration, the following terms shall have the meanings indicated:
Architectural Control Committee: The committee described in Article V of this Declaration.
Association: Mountain View Estates Owners Association. The members of which shall be all
of the several owners of the lots within the Property.
Board: The duly elected Board of Directors of the Association.
•
Bylaws. The duly adopted Bylaws of the Association as the same may be amended from time to
time.
Colorado Common Interest Ownership Act (sometimes also referred to herein as
"CCIOA"): The applicable provisions of Colorado statutes known as the "Colorado Common
Interest Ownership Act", which is now codified as Article 33.3 of Title 38, Colorado Revised Statutes,
as may from time to time hereafter be amended.
Common Elements: The Plats of Recorded Exemptions 1061-05-1RE-2956 and 1061-05-
1RE-2959, also known as Mountain View Estates, describe roads, irrigation and utility easements as
shown upon the Plats. Those are called common elements.
Declarant: The Owner of the Property whose signature is affixed to this Declaration.
Owner: The record fee Owner or Owners if more than one of a lot, including Declarant so long
as any lot remains unsold.
Plats: The Plats of Recorded Exemptions 1061-05-1RE-2956 and 1061-05-IRE-2959 also
known as Mountain View Estates, located in Section 5, Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado.
Property: All of the real Property known as Recorded Exemptions 1061-05-1RE-2956 and
1061-05-1RE-2959 also known as Mountain View Estates.
ARTICLE 11
LAND USE CONTROL
2.01 Land Use and Building Type. No lot shall be used except for residential and related purposes. No
building other than outbuildings permitted by paragraph 2.02, shall be erected, altered, placed, or
permitted to remain on any lot other than one (1) detached single family dwelling not to exceed two and
one-half(2 1/2) stories in height above finished grade level, which must include a private garage for no
more than three (3) automobiles. The Architectural Control Committee may authorize a garage for
more than three automobiles if the Architectural Control Committee determines that the same is
compatible with the harmonious and attractive development of the area. Dwellings must be built on-
site, and no pre-fabricated, previously built, or modular homes shall be permitted upon the Property.
Dwelling construction must be completed within one (1) year after the date of construction
commencement. Out buildings are permitted in accordance with Section 2.02.
2.02 Out Buildings. Subject to the prior approval of the Architectural Control Committee, permitted
out buildings are stables, barns, pool houses, or other structures determined by the Architectural
Control Committee to be compatible with the purposes and intent of this Declaration. In no case shall
out buildings exceed the height of one (1) story above finished grade level. Out buildings must be of
similar color, design, and quality with the principal dwelling on the Property.
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2.03 Dwelling Quality and Size. No dwelling shall be erected on any lot having an enclosed floor area
on the main level of less than one thousand four hundred (1,400) square feet, exclusive of porches,
garages, and basements. For purposes of this section, the main level shall be that level of the dwelling at
or closest to finished grade level which is most immediately reached by the front entrance to the
dwelling. If any dispute arises as to what constitutes the main level of a dwelling, the decision of the
Architectural Control Committee shall be conclusive and controlling. No trailer, basement, tent,
shack, garage, barn, or other building shall be used as a residence, temporarily or permanently at any
time, nor shall any structure of a temporary character be used- as a residence. All dwellings shall
possess wood, stucco, brick, or stone exteriors, or a combination thereof unless specifically approved by
the Architectural Control Committee. No building, fence, out building, or other structure shall be
erected, placed, or altered on any lot until the proposed building plans, specifications, exterior color and
finish, plat plan (showing the proposed location of such building or structure, driveways and parking
areas) , and construction materials shall have been approved by the Architectural Control Committee.
The Architectural Control Committee shall have the full discretion to approve and deny such plans so as
to insure the best use and the most appropriate development and improvement of each building site, to
protect the Owners of building sites against inappropriate use of surrounding building sites as will
depreciate the value of the Property; to preserve, so far as is practicable, the natural beauty of the
Property; to guard against the erection of poorly designed structures and structures built of improper or
unsuitable materials: to obtain harmonious color schemes; to insure the highest and best development of
said Property; to encourage and secure the erection of attractive homes and other permitted structures
thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious
improvement of building sites; to secure and maintain proper setbacks from streets and in general to
provide adequately for a high type and quality of improvements on said Property and thereby enhance
the value of improvements on the Property.
2.04 Repairs. Any repairs to or reconstruction of dwellings, out buildings, fences, etc. , whether due to
wear and tear or natural causes (such as wind, hail, fire, flood, etc.), shall be subject to and in
accordance with the covenants herein. Removal of damaged structures, or the repair and reconstruction
of such damaged structures, shall be promptly undertaken and completed no later than one (1) year
from the date of damage.
2.05 Nuisance. No lot shall be used in such a manner as to obstruct or interfere with the enjoyment of
Owners of other lots or annoy them by unreasonable noises, lights, odors, or otherwise, nor shall any
nuisance or illegal activity be committed or permitted to occur on any lot. No exterior horn, whistle,
bell, or other sound devices except security devices used exclusively to protect the security of the
Property and the Owners or occupants thereof shall be placed or used on any part of the Property.
2.06 Animals. Up to one (1) adult large animals per useable pasture acre and their unweaned offspring
may be kept on each lot except as provided in this section. For purposes of this paragraph, large animals
consist of horses, cattle, mules, llamas, vicuna, sheep and such other animals as the Board may from
time to time hereafter approve as permissible large animals to keep upon the Property. Dogs, cats, and
other household pets and small animals may be kept provided that the number thereof do not result in
unsanitary conditions or a nuisance or annoyance to the Owners of other lots. The Board may adopt
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from time to time such rules and regulations as it deems appropriate regarding the type, quantity and
requirements for keeping such household pets and small animals. In addition, the Board shall have the
right, on a selective basis, to permit up to two (2) additional adult large animals to be kept on a lot if, in
the judgment of the Board, suitable Elements have been erected for the maintenance and care of such
animals. The Board shall have the right to develop the standards of care and maintenance which must
be met as a condition to permitting the keeping of additional animals. Notwithstanding the foregoing,
unless hereafter approved by the Board, no swine may be kept on a lot, and no chickens, ducks, geese,
pea hens, or other non-household birds or poultry may be kept on any lot. All animal enclosures shall
be erected and maintained in accordance with the covenants herein and the rules and regulations
regarding the same as may from time to time be adopted by the Board. Any decision by the Board
regarding type and number of animals which may be kept upon any lot, shall not be effective unless and
until it has been reduced to writing. Any such decision may be later rescinded or modified by the
Board, and any lot Owner affected by such recision or modification shall have a reasonable time, not to
exceed forty-five (45) days to comply with such recision or modification.
2.07 Keeping of Animals. Large animals maintained on any lot pursuant to Section 2.06 must be kept
within an enclosed corral, pen, or other enclosure, which enclosure must be kept in a neat, clean, and
orderly condition at all times. Small animals shall be properly housed or penned to confine them on the
lot. Appropriate measures must be maintained to control flies and other pests on the and within such
enclosures and for the disposition of waste and similar matter. The Board shall have the authority to
establish standards for the maintenance of animals, including the minimum and maximum size of
permitted enclosures, the type of materials which may be used in their construction, and other similar
matters which, in the judgment of the Board, shall be deemed appropriate for the health, safety, and
maintenance of the Property and its occupants. It is specifically understood that the Board may require
Owners to take such measures as may be necessary to prevent the overgrazing of each lot and the
destruction of vegetation on each lot.
2.08 Rubbish. No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage,
and other waste shall be kept in sanitary containers, and all such containers shall be maintained in a
good, clean condition_ All liquid and solid wastes shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. Wood shavings, saw dust, and
waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
2.09 Slang. No sign of any kind shall be displayed to the public view on any lot except: (i) one sign of
not more than five (5) square feet advertising the lot for sale or rent; (ii) signs used by a builder to
advertise the Property during the construction and sales period; and (iii) such other signs as the Board
may, from time to time, approve.
2.10 Easements.
A. Utility and Irrigation Easements. Easements for the installation and maintenance of utilities
and irrigation and related Elements are reserved as shown on the recorded plats of the Property.
Within these easements, unless approved by the Board, no structure, planting, or other materials
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•
shall be placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities, or which may change the direction of flow, or obstruct or retard the
flow of water in and through the easements. The easement area of each lot and all improvements
in it shall be maintained continuously by the Owner of the lot except for those improvements for
which a public authority, or one or more utility companies, or the Association is responsible.
The Association shall have the right to enter upon such easements from time to time as the
Board may determine necessary or appropriate to construct, maintain or repair any ditches or
other elements for irrigation purposes which benefit the Association. The Association shall not
be responsible for any damage to any property or landscaping of any lot owner, including any
damage occurring outside the easement area from equipment or operations, if such damages are
reasonably unavoidable. If any such work is done by the Association as a result of failure of a
lot Owner to comply with these covenants or to properly maintain the easement area, the cost
shall be assessed against such Owner and shall be recoverable by the Association in the same
manner and fashion as general and special assessments with all the remedies and rights for
recovery and collection as provided in Article IV of this Declaration.
B. Private Access Easement and Public Utility Easement. Each lot owner shall have the joint
and mutual use of the private access easement and public utility easement shown upon the plat
of the Property. No lot Owner shall interfere with the usage of such easement area for such
purposes. The maintenance and repair of the easement and any improvements thereon shall be
the responsibility of the Association.
2.11 Fences. All fences, walls, hedges and plantings adjacent to public roads shall be in compliance
with any applicable site line requirements established by the governmental authority having jurisdiction.
All fences, walls, hedges, and shrub plantings shall be maintained in a clean, neat, and orderly condition
at all times. Wire, metal fabric, and chain link fences are not permitted on any portion of a lot in front
of the dwelling.
2.12 Vehicles. No trucks, vans, campers, or vehicles other than passenger cars, or pickup or utility
trucks with a capacity of one (1) ton or less shall be parked overnight on the private access easement.
No work of automobile repair or maintenance shall be performed except within the confines of an
Owner's lot. No abandoned, inoperable, or junk vehicle may be stored on any part of the Property. All
motorized equipment including motor vehicles, motorcycles and motorbikes, tractors, and any other
motorized equipment used on any lot must be properly equipped with mufflers so as to reduce to the
greatest degree practicable the noise of operation. The hours of operation of any motorized equipment
shall be confined to the period of time commencing at 7:00 a.m. and ending at 7:00 p.m., unless the
Board establishes different hours hereafter. No bus, large commercial-type vehicle (including, but not
limited to, any dump truck, cement mixer truck, oil or gas truck, delivery truck, back hoe, bulldozer, or
semi-tractor or trailer) shall be parked, stored or kept outside on the Property. No vehicle or equipment
shall be kept, parked or stored on or within the private access easement area.
2.13 Fires and Firearms. There shall be no exterior fires permitted on the Property except barbecue
fires contained within elements or receptacles specifically designed for such purposes, or those fires for
which a permit has been granted by governmental authority. No Owner shall permit any conditions on
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his lot which create a fire hazard or are in violation of fire prevention regulations. No firearms shall be
discharged within the Property.
2.14 Towers. Masts, Antennas, and Satellite Dishes. No radio or television antennas, masts, or towers
shall be permitted which rise (at the highest point of extension) higher than six feet (6) above the
uppermost point of the roof of the principal building being served. No more than one (1) such antenna,
mast, or tower shall be permitted for any dwelling unit, and no such antenna, mast, or tower shall be
affixed to or serve a stable or other accessory building. The allowance of and the placement of satellite
dishes is restricted to the discretion of the Architectural Control committee.
2.15 Outside Storage.
A. Outside storage of more than five (5)pieces of farm equipment on any lot is prohibited.
No construction machinery shall be stored outside on any lot.
B. No gasoline,paint or any other toxic, hazardous or flammable liquid or gas, other than
propane, shall be stored on any lot in quantities in excess of fifteen (15) gallons, unless
written approval thereof is obtained from the Board, and such storage is in compliance
with all applicable safety standards and regulations.
C. All unsightly conditions and equipment shall be enclosed within a structure approved by
the Architectural Control Committee, including any snow removal equipment or garden
or maintenance equipment except when in actual use.
2.16 Agricultural Use. The agricultural use of each lot shall be limited to gardens, pasture, bay
production and/or orchard and proper conservation measures must be utilized to prevent blowing dust
and soil erosion. Weeds must be kept continuously cut or otherwise continuously controlled on all
grounds including grounds not used for lawns or gardens.
2.17 Building Location. Unless otherwise approved by the Architectural Control Committee, no
building shall be located on any lot nearer than seventy five feet (75) to the front lot line, nor fifty feet
(50) to any side lot line.No building or any portion thereof including eaves and overhangs shall ever
encroach upon any adjacent lot.
2.18 No Subdivision of Lots. No lot shall hereafter be subdivided.
2.19 Irrigation Ditch. The following restrictions apply to Consolidated Home Supply Ditch and
Reservoir Company ditch:
A. No livestock watering, swimming, tubing, canoeing or other use of the ditch or water in
the ditch is allowed;
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B. No dumping of refuse, including but not limited to household garbage, waste materials,
grass clippings, tree and shrub prunings, motor oil, chemicals, pesticides or herbicides is
allowed;
C. No pumps for lawn or other irrigation are allowed in the ditch;
D. No use of the ditch easement for hiking, biking, horseback, motorcycle, off road vehicles
or other motorized or non-motorized vehicle shall be allowed.
ARTICLE III
OWNERS ASSOCIATION
3.01 The Association. Each Owner of each lot within the Property shall be a member of the
Association. Status as an Owner of a lot is the sole qualification for membership, such membership
being deemed an incident of ownership of a lot. For purposes of this Section, a husband and wife, or
other individuals who jointly own a lot, shall be deemed to constitute a single Owner of a lot. An
individual's membership in the Association shall commence as of the date that he receives title to a lot
and shall terminate on the date of termination of his Ownership of a lot.
3.02 Classes of Membership and Voting Rights. The Association shall have two classes of voting
membership. Class A members shall be the Owners of lots except the Declarants, and each Class A
membership shall be entitled to one (1) vote for each lot owned by a Class A member. The Class B
membership shall be the Declarants, and the Class B member shall be entitled to three (3) votes for each
lot owned by the Declarants. In the event a lot is owned by (2) or more persons, whether by joint
tenancy, tenancy in common, or otherwise, the vote for such lot shall be exercised as the Owners
thereof shall determine but the vote attributable to such lot shall be cast by only one (1) of the Owners
of such lot who shall be designated by the several owners of such lot in writing prior to or at the time
the vote is cast. In the absence of such designation by such Owners and until such designation is made,
the Board of Directors of the Association shall make such designation. No vote may be cast or counted
for any lot for which assessments, fees, dues, or other monies are in default of payment at the time votes
are counted.
3.03 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors (the
"Board"). The powers and duties of the Board shall include, but not be limited to the following:
A. To enforce all of the applicable provisions of this Declaration.
B. To maintain the Common Elements as provided in Section 4.01.
C. To contract for and pay for the cost of providing the maintenance functions described in
Article IV out of funds collected by the Board.
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D. To levy and collect the costs of maintenance as provided in Article IV hereof and to
make or authorize the expenditures therefrom as hereinafter described.
E. To receive and process complaints from Owners with respect to any provisions of this
Declaration.
F. To adopt such rules and regulations as the Board from time to time may deem necessary
or appropriate to carry out the provisions of this Declaration.
G. To render such discretionary decisions as are vested in the Board pursuant to this
Declaration.
H. To obtain and exercise usage of water rights to the benefit of the Association and its
members, and to comply with and fully perform any requirements related to the waters
located on or flowing on the Common Elements.
I. To impose charges for late payment of assessments, recover reasonable attorney fees and
other legal costs for collection of assessments and other actions to enforce the power of
the Association, regardless of whether or not suit was initiated, and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws,
and Rules and Regulations of the Association, and to establish the rate of interest to be
assessed for all sums which may be payable to the Association.
J. To obtain and keep in force such insurance as the Board may from time to time deem
appropriate including, but not limited to, casualty and liability, worker's compensation,
errors and omissions coverage for officers, directors, employees and members of the
Association, insurance for indemnification of officers, directors and members of the
Association acting on behalf of and for the benefit of the Association, and such other
insurance that the Board may deem appropriate.
K. To exercise all powers and rights granted to the Association by the provisions of the
Colorado Common Interest Ownership Act, as from time to time amended.
L. To take such other action or to incur such other obligations whether or not herein
expressly specified as shall be reasonably necessary to perform the Association's
obligations hereunder, subject to the approval of the members of the Association.
3.04 Election of Board Members. The initial Board of Directors shall consist of one (1) person
appointed by the Declarant, who shall serve until his or her successors is elected at the first annual
meeting of the members of the Association. The number of directors shall be three (3) and the term of
each director shall be one (1) year. Each Class A member in the Association shall have the right to cast
one vote for each vacancy to be filled on the Board of Directors at each annual meeting. Each Class B
member shall have the right to cast three (3) votes for each vacancy to be filled on the Board of
Directors at each annual meeting. Cumulative voting shall not be allowed. The candidate, or if more
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than one (1) vacancy exists, the candidates, receiving the most votes shall be deemed elected.
3.05 Meetings of the Association and Officers. The number and type of officers, and the provisions for
regular and special meetings of the Association shall be as provided from time to time by the Bylaws of
the Association.
3.06 Coordination with Bylaws. Except as may be otherwise provided herein for action of the Board
regarding interest upon unpaid assessments, the provisions of this Declaration provide the minimum
substantive terms for the enforcement of this Declaration by the Board and the Architectural Control
Committee. Further additional provisions for the operation of the Board and the Architectural Control
Committee may in the future be set forth by the Bylaws of the Association and by appropriate
resolutions or rules and regulations adopted by the Board or the Architectural Control Committee
which supplement and further the intent and purposes of this Declaration. In the event any conflict
occurs between the provisions of this Declaration and such Bylaws or resolutions, then this Declaration
shall control and to the extent possible, the conflicting Bylaws, resolutions or rules and regulations shall
be construed to be effective where it promotes the interest of the provisions of this Declaration and
invalid where in derogation of these Declarations.
3.07 Transfer The membership held by any Owner shall not be transferred, pledged or alienated in any
way, except upon the sale of the Owner's lot, and then only to the purchaser of such lot. A prohibited
transfer is void and will not be reflected upon the books and records of the Association.
3.08 Delegation of Use. The Board may from time to time establish rules and regulations regarding the
delegation by an Owner of rights of use and enjoyment of the Common Elements to such Ow
ner's
tenants or purchasers.
ARTICLE IV
MAINTENANCE, BUDGET, ASSESSMENTS
4.01 Maintenance of Common Elements. The Association shall be responsible for the maintenance of
the private access easement within the Property until and unless such maintenance obligation is assumed
by the County of Weld, Colorado, or by any other governmental body. As long as the Association is
responsible for road maintenance, the Association shall take all steps necessary to insure that the private
access easement is maintained, repaired, and improved to appropriate standards as determined by the
Board. The Association shall be responsible for providing for such snow removal during winter months
as the Board shall deem appropriate and shall have the authority to contract for such work as necessary.
4.02 Failure of Association to Maintain Common Elements. In the event the Association shall fail to
maintain the Common Elements in a reasonable order and condition in accordance with the original plan
submitted to the Board of County Commissioners with the final subdivision Plat for the Property, the
Board of County Commissioners for Weld County may serve written notice upon the Association, or
upon the Owners, setting forth the manner in which the Association has failed to maintain the Common
Elements in a reasonable condition, and said notice shall include a demand that such deficiencies of
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Elements, and for errors and omission or other insurance protection designed to provide defense and
insurance coverage to the officers of the Association in connection with any matters arising from
Association business and the performance of the officers of the Association or related to their status as
officers.
4.05 Special Assessments. In addition to the monthly maintenance charge to be assessed against each
owner pursuant to Section 4.04, the Board may, from time to time, levy and collect special assessments
to cover extraordinary charges or expenses not anticipated by the annual budget approved by the
Association. Unless approved by a majority of the Owners, the aggregate of all special assessments
levied in any calendar year shall-not exceed twenty-five percent (25%) of the budgeted gross expenses
of the Association for such fiscal year. Notwithstanding the foregoing, the costs incurred by the
Association to remedy any default by an owner of the owner's obligation under this Declaration, may be
assessed against such Owner without establishment of any special assessment or other procedure, and
may be collected from such Owner in the same manner as provided in paragraph 4.07 and paragraph
4.08 below. Any charges imposed for late payment, attorney fees and costs, and fines shall be deemed
to be assessments against the Owner's lot and recoverable and subject to the same rights and remedies
available to the Association for all other assessments.
4.06 Accounting. All funds collected by the Association shall be promptly deposited into a commercial
bank account and/or a savings and loan account in an institution to be selected by the Board. No
withdrawal shall be made from said account except to pay the obligations of the Association. No later
than ninety(90) days from the end of each calendar year the Board shall distribute to each Owner an
operating statement reflecting the income and expenditures of the Association for the previous calendar
year. The Board shall maintain complete and accurate books and records of its income and expenses in
accordance with generally accepted accounting principles consistently applied and shall file such tax
returns and other reports as shall be required by any governmental entity. The books and records shall
be kept at the office of the Association and shall be open for inspection by any Owner or by the holder
of any first deed of trust or mortgage of record at any time during normal business hours following
reasonable advance notice of the request for inspection.
4.07 Creation of Lien and Foreclosure. The monthly maintenance charge, together with any special
assessment or other penalty, cost or charges which an Owner is obligated to pay, shall be a debt of such
owner to the Association on the date when each installment thereof becomes due. In the event of the
default of any Owner in the payment of any installment of maintenance charges or special assessments,
such amount, and any subsequently accruing unpaid assessments, together with interest thereon at the
rate of eighteen percent (18%)per annum, or such other rate as may hereafter from time to time be
established by the Board, and together with all costs which may be incurred by the Association in the
collection of such amount, together with reasonable attorneys' fees shall be and become a lien on the
interest of the defaulting owner in his lot. The Association may, but is not required to, execute and
record in the Weld County Recorder's Office of a Notice of Assessment Default setting forth the name
of the defaulting owner as indicated by Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount, and the legal description of his lot.
Such lien shall attach and be effective from the due date of the assessment, and may be enforced by
foreclosure by the Association of the defaulting owner's interest in the Property. The lien provided
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herein shall be in favor of the Association for the benefit of all owners who are Association members.
In any such foreclosure, the defaulting owner shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim of lien, and all reasonable attorneys'
fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be
required to pay to the Association the monthly maintenance charge and any other assessments for the
lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a
receiver to collect the same. The Association, on behalf of the member Owners, shall have the power to
bid on the lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien
provided herein shall have the priority provided by the Colorado Common Interest Ownership Act. The
Association may, but is not required to, send notice of default to an Owner, and a copy of such notice
may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts due, if the Association recorded a
Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the
satisfaction of such lien.
4.08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association
against each lot and any interest, costs, and attorney fees in connection with default in payment and shall
be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at
any time during normal business hours following reasonable advance notice of the request for
inspection.
4.07 Creation of Lien and Foreclosure. The monthly maintenance charge, together with any special
assessment or other penalty, cost or charges which an Owner is obligated to pay, shall be a debt of such
owner to the Association on the date when each installment thereof becomes due. In the event of the
default of any Owner in the payment of any installment of maintenance charges or special assessments,
such amount, and any subsequently accruing unpaid assessments, together with interest thereon at the
rate of eighteen percent (18%) per annum, or such other rate as may hereafter from time to time be
established by the Board, and together with all costs which may be incurred by the Association in the
collection of such amount, together with reasonable attorneys' fees shall be and become a lien on the
interest of the defaulting owner in his lot. The Association may, but is not required to, execute and
record in the Weld County Recorder's Office of a Notice of Assessment Default setting forth the name
of the defaulting owner as indicated by Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount, and the legal description of his lot.
Such lien shall attach and be effective from the due date of the assessment, and may be enforced by
foreclosure by the Association of the defaulting owner's interest in the Property. The lien provided
herein shall be in favor of the Association for the benefit of all owners who are Association members.
In any such foreclosure, the defaulting owner shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim of lien,and all reasonable attorneys'
fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be
required to pay to the Association the monthly maintenance charge and any other assessments for the
lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a
receiver to collect the same. The Association, on behalf of the member Owners, shall have the power to
bid on the lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien
provided herein shall have the priority provided by the Colorado Common Interest Ownership Act. The
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Association may, but is not required to send notice of default to an Owner, and a copy of such notice
may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts due, if the Association recorded a
Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the
satisfaction of such lien.
4.08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association
against each lot and any interest, costs, and attorney fees in connection with default in payment thereof,
shall be the personal and individual debt of the Owner thereof at the time the assessment is made. Each
person, if more than one (1), composing the Owner shall be jointly and severally liable therefore. Suit
to recover a money judgment for unpaid expenses shall be maintainable without foreclosing or waiving
the lien securing same. No Owner may exempt himself from liability for contribution toward the
common expenses by a waiver of the use or enjoyment of the Common Elements or by abandonment of
his lot.
4.09 Statement of Assessment Status. Upon payment to the Association of a reasonable fee, as may
from time to time be established by the Board, accompanied by the written request of the Owner or any
mortgagee or prospective owner of a lot, the Association shall issue a written statement setting forth the
amount of unpaid assessments and any other charges outstanding with respect to the subject lot, and the
date when the same became due. Such statement shall also include credit for any advanced payments of
common assessments, but no credit shall be given for any accumulated amounts for reserves or sinking
funds, if any. The statement issued by the Association shall be binding upon the Association and its
officers and each Owner in favor of persons who rely thereon in good faith. The manner and time for
providing such statements shall be as provided by the terms of the Colorado Common Interest
Ownership Act, as from time to time amended.
4.10 Liability upon Transfer. Any Owner who sells his or her lot in good faith and for value shall be
relieved of the obligation for payment of assessments thereafter attributable to the lot, as of the date of
the recordation of the deed transferring such lot to the subsequent purchaser. Except as may otherwise
be provided by the Colorado Common Interest Ownership Act, as from time to time amended, the
Owner transferring, and the purchaser of the transferred lot, shall be jointly liable for payment of all
assessments and any related interest, costs and attorney fees attributable to the lot accrued through the
date of such recordation, and the lien for recovery of the same shall remain in force against such lot.
ARTICLE V
APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE
5.01 Appointment of Committee. The Declarants have established an Architectural Control
Committee, the initial members of which are Ivar and Donna Larson. Until all lots within the Property
have been sold by the Declarants, the Declarants shall appoint the Architectural Control Committee,
which may consist of one (1) or more persons as determined by the Declarants. At such time as the
Declarants have sold all lots, or on December 31, 2002, whichever date occurs first, the number of
members of the Architectural Control Committee shall be established and appointed by the Board. No
Page 13 of 17
member of the Architectural Control Committee shall be entitled to any compensation for services as a
member of the Committee. The address of the Architectural Control Committee shall be at the principal
office of the Association.
5.02 Architectural Control. No building, fence, out building, or other permanent improvements shall be
erected, placed, or altered on any lot until the construction plans and specifications and a plan showing
the location of the improvements have been approved by the Architectural Control Committee as to
quality of workmanship, quality and type of materials, the esthetics and harmony of exterior design with
the character of the community and the existing structures, and as to location of structures with respect
to topography and finished grade elevation, and compliance with these covenants.
5.03 Rules of Procedure. The Architectural Control Committee may adopt rules and regulations from
time to time establishing design criteria not inconsistent herewith. The Architectural Control
Committee shall meet at the convenience of the members thereof as often as necessary to transact its
business. Request for approval of design shall be made to the Committee in writing, accompanied by
two (2) complete sets of plans and specifications for any and all proposed improvements to be
constructed on any lot. Such plans shall include plot plans showing drainage and grading plans, the
location on the lot of the building, wall, fence, or other structure proposed to be constructed, altered,
placed, or maintained thereon, together with the proposed construction material, color scheme for roofs
and exteriors thereof, architectural renderings, and proposed landscape plantings. The Architectural
Control Committee may require submission of additional plans, specifications, and of samples of
materials and colors prior to approving or disapproving the proposed improvement. Until receipt by the
Architectural Control Committee of all the required materials in connection with the proposed
improvement to the Property, the Committee may postpone review of any material submitted for
approval.
5.04 Approval of Plans. The Architectural Control Committee shall approve or disapprove plans,
specifications, and details within thirty (30) days from the receipt all materials requested by the
Committee and shall notify the Owner submitting them of such approval or disapproval in writing. If all
samples, plans, specifications, and details requested by the Committee have been submitted and are not
approved or disapproved within such thirty(30) day period they shall be deemed approved as
submitted. One set of plans and specifications and details with the approval or disapproval of the
Architectural Control Committee endorsed thereon shall be returned to the owner submitting them and
the other copy thereof shall be retained by the Architectural Control Committee for its permanent file.
Applicants for Architectural Control Committee action may, but need not, be given the opportunity to
be heard in support of their application. Refusal of approval of plans, location, or specifications may be
based by the Architectural Control Committee upon any reasonable grounds, including purely aesthetic
considerations, which in the sole and uncontrolled discretion of the Architectural Control Committee
shall seem sufficient, reasonable, and not capricious. The Committee may condition its approval of any
proposed improvement to property upon the making of such changes therein as the Committee may
deem appropriate.
5.05 Filing Fees. As a means of defraying its expenses, the Architectural Control Committee may
require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the
Page 14 of 17
Board of Directors of the Association from time to time. No additional fees shall be required for
resubmission of plans revised in accordance with Architectural Control Committee recommendations.
5.06 Completion of Improvements. Any improvements approved by the Architectural Control
Committee shall be timely commenced and in no event commenced later than one (1) year from the date
of such approval. If not commenced within such time, the approval of the Committee shall
automatically expire and the applicant must thereafter resubmit all plans to the Committee for
reconsideration. The fact that a proposed improvement has previously been approved by the Committee
shall not require the Committee to again approve such proposed improvement if the approval has
expired pursuant to the terms of this paragraph. once approved improvements have been commenced all
such improvements shall be completed no later than one (1) year from the date of commencement.
5.07 Inspection of Work and Notice of Completion. The members of the Architectural Control
Committee, and any agent or representative thereof, shall have the right to inspect any improvement to
property prior to and after completion, provided that the right of inspection shall terminate three days
after the Committee has received from the applicant a notice of completion.
5.08 Estoppel Certificates. Upon the reasonable request of any interested party, and after confirming
any necessary facts with the Architectural Control Committee, the Board shall furnish a certificate with
respect to the approval or disapproval of any improvement to property or with respect to whether any
improvement to property is made in compliance herewith. Any person without actual notice to the
contrary shall be entitled to rely on said certificate with respect to all matters set forth therein.
5.09 Non-Liability. No member of the Architectural Control Committee, the Board, the Association,
or any other agents, shall be liable for any loss, damage or injury arising out of or in any way connected
with the performance of the Architectural Control Committee. In reviewing any matter, the
Architectural Control Committee is not responsible for reviewing, nor shall its approval of any
improvement to property be deemed to be, an approval of the improvement to property from the
standpoint of safety, whether structural or otherwise, or conformance with any building, zoning or other
codes or governmental laws or regulations.
ARTICLE VI
GENERAL PROVISIONS
6.01 Term. These covenants as set forth in this Declaration are to run with the land and shall be
binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the
date they are recorded after which time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners
of the lots has been recorded agreeing to terminate said covenants or change them in whole or in part.
6.02 Amendments. Except as set forth in Section 6.03 hereof, the Owners of seventy-five percent
(75%) of the lots may at any time modify, amend, augment, or delete any of the provisions of this
Declaration provided however that:
Page 15 of 17
(i) No amendment shall be effective with respect to any person not having actual knowledge
thereof, until such time as notice of such amendment is filed for record in the Office of
the Weld County Clerk and Recorder;
(ii) No amendments may be adopted which would be inconsistent with any condition or
covenants imposed by Weld County as a condition of approval of or any matter as set
forth in the recorded Plat thereof;
(iii) The Association may not be dissolved without the prior permission of the Board of
County Commissioners of Weld County;
(iv) No amendment may be adopted which affects the obligations of the Association to
comply with any mined land reclamation plan or requirements related to water
augmentation plans; and
(v) Any of the following amendments to be effective must be approved in writing by the
record holders of all encumbrances on the lots at the time of such amendment:
a. Any amendment which affects or purports to affect the validity or priority of any
encumbrance; or
b. Any amendment which would necessitate a mortgagee after it has acquired a
residential lot to pay any portion of any unpaid assessment or assessments
accruing prior to foreclosure, to the extent the amounts would exceed the
priority of such assessments over that provided by the Colorado Common
Interest Ownership Act, as amended from time to time.
6.03 Mortgagee Protection Clause. Except as otherwise provided by the terms of the Colorado
Common Interest Ownership Act, as amended from time to time, with respect to the priority of the lien
for assessments, no breach of the covenants or restrictions herein contained, nor the enforcement of any
lien provided for herein shall defeat or render invalid the lien of any mortgage or deed of trust made in
good faith and for value, but all of said covenants and restrictions together with any preexisting liens for
maintenance assessments shall be binding upon and effective against any Owner whose title is derived
through foreclosure or through trustee sale or through deed given in lieu thereof.
6.04 Enforcement, The provisions of these covenants may be enforced by any Owner or by the Board
of Directors of the Association. In addition to lien foreclosure, enforcement may be by proceedings at
law or in equity against any person or persons violating or attempting to violate any of these covenants
either to restrain violation, or to recover damages, or both. All remedies provided are cumulative, and
pursuit of one shall not bar pursuit of any other, independently, or jointly, and in any sequence.
6.05 Severability. Invalidation of any clause, sentence, phrase, or provision of these covenants by
judgment or court order shall not affect the validity of any other provisions of this Declaration which
shall remain in full force and effect.
Page 16 of 17
6.06 Application of Colorado Common Interest Ownership Act - Conflicts and Provisions. The
Property which is subject to this Declaration consists of fewer than ten(10) units, and the Declarant has
not reserved rights to add additional units or real estate, or to subdivide or withdraw units or real estate,
or to convert units to Common Elements. Declarant hereby adopts those portions of the CCIOA which
are required by Section 38-33.3-117, C.R.S., and those other provisions of the CCIOA as are referred
to in these Declarations. Further, the Declarant hereby elects to apply the other provisions of CCIOA,
but only to the extent that they are not in conflict with any other provision of this Declaration.
Notwithstanding the provisions of 38-33.3-203, C.R.S. , if a conflict arises between the terms of this
Declaration, and the provisions of CCIOA, this Declaration shall control unless the CCIOA specifically
provides that such provisions of the CCIOA are mandatory or not subject to the ability of the Declarant
to elect not to apply such provisions. This Declaration and the CCIOA are to be construed and applied
in such a way as to be complementary and supplemental to each other, and the remedies provided by
this Declaration and the CCIOA are cumulative. No conflict between this Declaration and the CCIOA
shall be deemed to exist by virtue of the lack of any specific provision appearing in either, and a conflict
shall only arise if specific provisions of the two cannot be reasonably reconciled. The Board shall have
the power and authority to determine and resolve any such conflicts in accordance with the foregoing
principles.
IN WITNESS WHEREOF, this Declaration has been executed by the Declarants who are the owners of
all lands in the Property, and mortgagees holding any lien against the Property, whose signatures and
identification of Ownership interest are set f belo
Iv Larson, Co-owner 2
l•�l
onna Larson, o-o er
STATE OF COLORADO )
COUNTY OF LARIIVIER )
Sworn and subscribed to before me personally by Ivar and Donna Larson this -O day of
Lin 2001. _It. A. cp.
WITNESS my hand and official seal. e/O 9L'.92
My commission expires: 2 - gee 5. U�
/ o
Notary Public 4t1'\F`•.. .oogY
OF GV
Page 17 of 17
f.
Prs
� ri APPLICATION FLOW SHEET
COLORADO
�WL
APPLICANT: Ivar and Donna Larson CASE #: RE-2959
REQUEST: Recorded Exemption
LEGAL: Lot B of RE-126, Part of NE4 of Section 5, T4N, R68W of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to WCR 50, West of WCR 5
PARCEL ID#: 1061-05-000018
Date By
Application Received 09/12/00 JAC
Application Completed 09/12/00 JAC
Referrals listed 09/27/00 JAC
Design Review Meeting (PUD) n/a JAC
File assembled /072 /01 i S
Letter to applicant mailed /( /2
Referrals mailed / /7�V�6
�
Chaindexed ID/3/L? Nil
Vicinity map prepared
Field check by DPS staff Administrative Review decision: , may' //9#/c &Date B
County Commisioners Hearing Date (if applicable) //jleh) /
Surrounding property owners notified
Air photo and maps prepared 42 it-)/( �C
CC action: t1-1p - --- / / 9-Dil ti
CC resolution received
Recorded on maps and filed 610771067/
Overlay Districts Road Impact Fee Area:
Zoning Agricultural Yes No_x_
Airport Yes No x SW Weld #1 #2 #3_
Geologic Yes No_x_ Windsor
Flood Hazard Yes No_x_
Panel #080266-0725C
EPARTMENT OF PLANNING SERVICE
5 N. 17th Avenue, Greeley, Colorado 80
Phone (970) 353-6100, Ext. 3540- Fax#(970) 304-6498
APPLICATION FOR RECORDED EXEMPTION " y//-
nZ5
I( L i t t f
Application Fee (Igo OG) Receipt Number 0 c 5 7 7O Case Number f -
Recording Fee Receipt Number Zoning District
Application Checked By c �— Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Legal Description: Lot B of RE 1061-5-1-RE126 Total Acreage: ±15.5 Zoning AG
Port. of NE 1/4 Sec. 5-4-68
Parcel Number: 1 0 6 1 0 5 0 0 0 0 1 8 (12 digit number-found on Tax I.D. Information or obtained at
the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes x No
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No x
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No x ;Airport: Yes No x ; Geological Hazard: Yes_ No x
FEE OWNERS OF PROPERTY
Name: Ivar and Donna Larson Home Phone# 970-532-3361 Work Phone#970-532-3361
Address: 925 N. County Line Road, RTE 1 City/State/Zip Code Berthoud, Co 80513
Applicant or Authorized Agent: Phone#
Address: City/State/Zip Code
Name: Intermill Land Surveying, Inc. Home Phone# Work Phone#970-669-0516
Address: 1301 N. Cleveland Ave. city/state/Zip Code Loveland , Co 80537
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3,lot
Recorded Exemption
Water Source Little Thompson Little Thompson N/A
Type of Sewer Septic Septic N/A
Proposed Use Residential/Agricultural Residential/Agricultural N/A
Acreage 9.3± 6.2± N/A
Existing Dwellings No No N/A
Yes or No
Existing Dwellings Address(if applicable):
Larger Parcel N/A Smaller Parcel N/A
Smaller Parcel (applicable only for 3-lot Recorded Exemption) N/A
I hereby state that all statements, proposals, or plans submitted with this a lication are tr and correct to the
best of my knowledge.
Rev: 1-27-97 lgnature: wn or Authorized Agent
C:My Documents\P-4028LARSOMRE-APP15AC.doc -5-
• •
INTERMILL LAND SURVEYING, INC.
1301 North Cleveland Avenue
Loveland, CO 80537
(970)669-0516
Larson Recorded O Exemption S
n
1. Water Supply Statements
Domestic water will be supplied by Little Thompson Water District to both Lots A and B(see attached
service letter). Irrigation ditches exist,but are not utilized to irrigate the property.
2. Sewage Disposal Statement
Lots A and B will utilize Individual Sewage Disposal Systems. The septic systems will be installed in
compliance with requirements and regulations of the A(Agricultural)Zone District and the Weld County Health
Department at the time construction is approved.
3. Description of Property Use
At the present time the land is being farmed for hay. Due to the size of the property it is not considered
a prime agricultural farm,the land has no existing outbuildings or improvements.
4. Reason for R.E./Lot Use Explanation
The reason for this proposal is to create two separate buildable lots. The smaller lot,Lot A,will be
approximately 6.2 acres in size and Lot B,the larger lot,will be approximately 9.3 acres. Each lot will be used
for the residential and/or agricultural needs of the future owners. Due to the size of the parcel, we feel it would
lend itself better to a small lot configuration for ease of maintenance and and an ideal situation for a small horse
operation and/or 4-H type project.
5. Location,Size,&Present Use of Area
The property is located in Weld County approximately 6 miles northeast of the town of Berthoud on
State Highway No. 60. Located within the Northeast Quarter of Section 5, Township 4 North, Range 68 West of
the 6th P.M. the land is approximately 15.5 acres in size and is presently being farmed for hay with no existing
outbuildings or improvements.
6. Unique Physical Characteristics
The property has no unique physical characteristics.
7. Setback and Offset Statement
All proposed structures are to meet the minimum setback and offset requirements as regulated within
the Agricultural Zone District. There are no existing improvements on the property.
8. Conservation Easement Statement
The applicants do not wish to place a conservation easement on the property at this time.
9. Building Envelope En 1Statement
If required by the county the applicant will designate a building envelope on each lot when final
approval of the Recorded Exemption is confirmed. However, due to the size of the proposed parcels, we would
like to request that no building envelopes be required with this proposal.
4P 0
10. Weld County Comprehensive Plan Consistency
Our proposal is consistent with the comprehensive plan in many ways. It is conserving prime farmland
for the agricultural purposes of the county. It is surrounded by similar developments of single family residences,
and the project is not large enough to be considered urban in scale.
11. Compatibility w/Surrounding Land Uses
The proposed residential/agricultural uses of this property will coincide with surrounding small
residential acreages that lie to the east and west.
12. Consistency w/Intent of District
This proposal will not interfere with agricultural work,production or activities which will make it
consistent with the Agricultural Districts intent. Uses by Right with the A District allows residential units and
farming activities.
13. Consistency w/Efficient and Orderly Development
While safeguarding the interests of the public with a new development that does not take away from the
natural beauty of the county. With the safety of fire and rescue, and the conveniences of utilities, such as public
water supply,electricity and telephone. Without hindering any of the surrounding farming operations by keeping
existing irrigation for the needs of the existing farms and ranches and preserving all of the surrounding farm
producers,the proposal will be content with efficient and orderly development as defined in the Weld County
Subdivision Ordinance, Section 13.
REFERRAL LIST
NAM•ar and Donna Larson CASE NUMBER: RE-09
REFERRALS SENT: September 29. 2000 REFERRALS TO BE RECEIVED BY: November 7, 2000
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department _X_Berthoud
Extension Service Broomfield
_Emergency Management Office Dacono
Sheriffs Office Eaton
X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
XCode Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
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
Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
XBerthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
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
_X Big Thompson
OTHER Fort Collins
X_School District RE-2J Greeley
Ditch Company Longmont
West Adams
M M
1119€.
Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Ivar and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. Fora more precise location,
see legal.
Parcel Number 1061 05 000018 (a
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.
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature ) /7:1/4
Ol7
Agency �, ��
Dat
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 O(970)353.6100 ext.3540 9(970)304-5498 fax
?0 'd L809 819 0L6 'ON Xdd ONINNdld 0S,L WV ??:80 NOW 000?-60-100
a N M
C.p Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Ivar and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Lega/ Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. For a more precise location,
see legal.
Parcel Number 1061 05 000018
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.
❑ 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.
U See attached letter.
Comments: f�
�C C(' "1�'L.� v.'1Cl[ icn \aj tt c 1t `CI w 1c 1
tOrt- &floe( r'e rciC l Y pAAre rr L r
Signature cpcy (cr,
Agency 11(1/(,�� -CoThro ate Date
:-Weld County Planning Dept. C-1555 N. 17th Ave. Greeley,CO.80631 ••(970)353-6100 ext.3540 +(970)304-6498 fax
Oct-27-00 10 : 11 a OD P _ 02
(fto(r ‘ar•
WtID.t
Weld County Referral
COLORADO• September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant hear and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Pad of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. For a more precise location,
see legal.
Parcel Number 1061 05 000018
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.
J 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.
g.
See attached letter.
Comments: q /4-
�//
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Signature _____ d /079-1/24490,
Agency /Zie4 ttel lc-<4. Date
e•Weld County Planning Dept. -1555 N. 17th Ave. Greeley,CO. 80631 c-(9701353-6100 ext.3540 ''(97i])304-6498 tax
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Igoe Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Ivar and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. For a more precise location,
see legal.
Parcel Number 1061 05 000018
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.
DI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature /oZ �
Agency Date
:•Weld County Planning Dept. :•1555 N. 17th Ave.Greeley,CO. 80631 •'x(970)353-6100 ext.3540 4(970)304-6498 fax
a N
Countyning Dept.
(16
ctC? 05 2000
SE CE IV C. D Weld County Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Ivar and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. For a more precise location,
see legal.
Parcel Number 1061 05 000018
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.
❑ 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.
U See attached letter.
Comments:
k yynnpo /O/(A.
�r
Signature {' / --- o
o
Agency ow, .( f dni Date
•?Weld County Planning Dept. •'x1555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 :•(970)304-6498 fax
Jan-24-01 11 . 48A Town of Berthoud 970 532 0640 P _ 02
A
• •
TOWN OF BERTHOUD MEMORANDUM
•
TO: MONICA DANIELS-MIKA, WELD COUNTY PLANNING DIRECTOR
FROM: MIKE PELLETIER, DIRECTOR OF PLANNING
SUBJECT: WELD COUNTY DEVELOPMENT REFERRALS
DATE 1014100
CC: FILE
This memo is in response to the recent large number of development referrals
received by the Town of Berthoud from Weld County. The Town is in the latter
stages of putting together an updated land use plan, a draft of which was
supplied to you several weeks ago.
The draft plan identifies the area between WCR 7 and WCR 3 from Hwy 60
on the north to Mead on the south as a Cropland Support Area. Efforts to
support cropland include purchasing conservation easements in the area. The
Town and County recently jointly applied for a GOCO grant for two properties in
the area. The Town is working toward more conservation easements in the area
and has instituted a fee on new homes to help pay for it.
It is understood that agriculture in the area has not financially performed well,
especially in the recent past. The Town supports methods of revenue generation
in agricultural areas that leave the character and viability of farming reasonably
intact. With this in mind, the Town has no concerns with recorded exemptions
that are done wisely and in accordance with intent of the rules because they can
generally be done in a manner consistent with intent for the area.
Subdivision proposals for 5 or more lots should be clustered so that the vast
majority of the land is set-aside with permanent conservation easements for
agriculture or environmentally significant areas, such as riparian areas. This
should provide the needed revenue, while generally maintaining the agricultural
intent of the existing zoning and Berthoud's draft land use plan. It will also help
keep the need for services, including improvements of roads, to reasonable
levels.
The Town also has a goal to have a bike path along the Little Thompson
River from Berthoud to the interstate. The best chance for easements to be
acquired is in conjunction with development approvals and the purchase of
conservation easements. Therefore, the Town requests that the County require
pedestrian easements along the Little Thompson for all development requests
Jan-24-01 11 : 48A Town of Berthoud 970 532 0640 P . 03
A
! •
that border the river. The easements could be structured in such a way that
access is not allowed until the path is improved and connected between sections.
These comments deal only with the broader zoning issues associated with
the County referrals. Due to time and staffing constraints, the Town relies on the
County to make detailed comments and changes needed for quality projects.
The Town does appreciate the opportunity to comment on specific projects
and generally being informed on what developments are occurring in our area.
We hope the above comments are helpful and please let me know if further
clarification would be beneficial.
11/10/2000 09: 26 19705870141 J0HNSTGI4N TOWN HALL PAGE 04
SD
f to ipui‘wr
•
illWeld County Referral
COLO ADO September 29, 2000
The Wed County Department of Planning Services has received the following item for review:
Applicant Ivar and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
-
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 Vest of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 50, west of WCR 5. For a more precise Ijcation,
see legal. yl
Parse Number 1061 05 000018
The ap'lication is submitted to you for review and recommendation. Any comments or recomme'ntdation you
consid r relevant to this request would be appreciated. Please reply by the above listed date so at we may
give fui consideration to your recommendation. Any response not received before or on this to may be
deems to be a positive response to the Department of Planning Services. if you have any furth^r questions
re ardi g the application, please call the Planner associated with the request.
V�have reviewed the request and find that it does oes not co ply with our Comprehe sive Plan
IJ W`e have reviewed the request and find no conflicts with our interests.
CI See attached letter. I
Comm!nts:
ha 9O1O6 c -to az oetoczow„..4.7,0,,y
QA-tt LMa/ W/ (_0 4ce.c- __47 .....-
0 ,. .+� .2___- GA f n a-) ja_ee
e3Sigde..- � Q e_A-D // y_
nature d
AgenF y Date
i
+Weld County Planning Dept. +155 N. 17th Ave.Greeley,CO.80631 d(970)353.6100 ext.3540 4(970)30 -6496 fax
f
M
•
RECEIVED
OCT 5 2000
WELD COUNTY
111 I C Weld Count/ Referral
COLORADO September 29, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Ivor and Donna Larson Case Number RE-2959
Please Reply By November 7, 2000 Planner Julie Chester
Project Two-Lot Recorded Exemption
Legal Lot B of RE-126. Part of NE4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR-50, west of WCR 5. For a more precise location,
see legal.
�u r_2(2)
Parcel Number 1061 05 000018
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.
❑ 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.
4 See attached letter.
Comments:
Signature 1014416/ ��i''i 7 Ill O1 - cc)
Agency ,A �AIi( tc Yi(�. Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 :•(970)304-6498 fax
it; MEMORANDUM
154-11:1ITO: Julie Chester, Lead Planner D,�A�TE: 10/24/2000
ik
FROM: Donald Carroll, Engineering Administrator 'V�he'd County planning
Cep .
SUBJECT: RE-2959, Ivar and Donna Larson
COLORADO OCT 26 2000
i_
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld
County Recorded Exemption Standards. Our comments and requirements are as follows:
COMMENTS:
WCR 5 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application with concerns avoiding the
flag lot access where possible.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways.
Please contact Gloria Nice-Idler or Tess Jones at the Greeley office to verify the access permit or for any
additional requirements that may be needed to obtain or upgrade the permit. (State Highway 60)
In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173, as amended),the
flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet.
The right-of-way or easement shall be a graded and drained road to provide all weather access.
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
pc: RE-2959
plans 5re wpd
a a
Road File = 54 Coo
RE: a 7S-9
Other Case No.
,APP END IY B
WELD C_QLN ROAD ACCESS LrFORsL4TION SHEET
Weld County Public Works Department Date: to - I S -o0
933 North 11th Avenue.P.O. Box 758. Greeley, CO 80632
Phone: (970 )36-1000- Ext. 3750 Fax: (970) 352-?863
1. Applicant Name iutiz i 1:),""I0 LAe-soLj Phone ('i<1 531-- 356 i
Address Its M. COUISrY L11..E eo. tic I Ciry Sezrue o State sa_Zip gost3-gzsI
'_. Address or location of access
Section S Township 4u Ranee t,bw
Subdivision — Block — Lot —
Weld County Road * so Side of Road Sony Distance from nearest intersection 9,s'± wet of so r s
3. Is there an existing access to the property? Yes x No_ T of accesses I
4. Proposed Use:
® permanent El ResidentiaJAericulttaal 0 Industrial
Q Temporary 0 Subdivision 0 Commercial 0 Other
♦aa:aa*aaaaa-aaaaaaaa♦tsax*aaaaaaaaaaaartaaaaaaaaa.aaaaaaaaaaaa.aaaa------------aaaaaa a a a*a as***************
5. Site Sketch pree-ot-. Lccanau of t,�
Legend for Access Description:
C " F Sr Nc, nu ass �y aurt (y �..1'
ARG= Ar . t1.
gricultural cucC et,atS ens +b(
RES = Residential --- - —(s•ti.ES vtc-.e-.so C
0&G= Oil& Gas WIELD
D.R. = Ditch Road UM" 6
cou.a.rt
9.;Y ACLeS
Lot A
0 ts.ts ACta
W.o.as
4
3
OFFICE USE ONLY:
Road S-4- (ro ADT 370 Date I9 c; Accidents Date
Road C ADT 15,•:: Date ; WM,; °i3 Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions-
❑ Installation authorized ❑ Information insufficient
Reviewed By. Tide.
440 MEMORANDUM
TO: Julie Chester DATE: October 10, 2000
FROM: Sheble McConnell)gue, Environmental Health
•
COLORADO SUBJECT: Ivar & Donna Larson
CASE: RE-2959
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
SM/ske/RE-2959
/old County planning Deb-
OCT 11 2000
RECEIVED
us,c RECORDED EXEMPTION NO. 1061-05-1RE-2959 ""'""""""" """"""""""""""""
081010 01927.121.61 111.4.0 JA Side i bm.b
I ml 1 R10 00 0 000 Wad 31.010 SO
DM.0 C. 1/4 Cor.. Sec. 5-4-68
m e e Rpm(lerym uuu.a.e)00th
'-1/' Y..Yuen_w LOT B OF RECORDED EXEMPTION 126, A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, N. 1/4 car., Sec. 5-4-68
w.tsa w vn.n Ntl..
lid Na.6 Rear(Y+9m antla..n)1..b
RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO 7-1
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/ Xt 502'25.088E 1227.90•(m) _ _ sozmmis2_ _ - O / / \\
521.80'
/ ]C6.19� - - - - - - - - T 20' 1 / /
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4.\\\\ v� f, g m I CE 1/18 Corner
Ir - \Section 5-4-66
��\ { LOT A Lot B of RE-2956 Found Cq,3/6 eo Mpg eith x-1/x.OW
LOT Bi, mum. Nuke Sven at
].15± 8003 Y P Lot A of RE-2956 (NOT A PAR)) - left /
��� 8.39} Acres u 6 V (NOT A PART)
Ib`—RBn Stole
Wor Highway /
�\\4 r+ m (as per RE 126). \ /
s 1.0 \\\I 3 N80' r00^N x.02(r^ �o' 1 e��' \ / /
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\\N I ` L ,4116 sat pin _
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k �` 698.05' _________ �� ___ --2507.76'(m)-__ 6� m'u old Ilea. NCz1 nea'W a0 oz'(w)
_N0718.34Y1_ 55'- -5 In Re x11511 wz,R'mv 50 ox(.) p
roe=
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.l6 L1Mtte1y w lame oe= a roe Canoe•n RE 1x8. SE Coo.. S.C 33-5-88 ya a I S
/f.oet Mle+Mb a me Emma*as T lit Im. —'.0 .I'E 2480. r S N.E. Car.. Sec. 5-4-68
11¢ WPM amn. (Lee n&a e) 2-I��e�.uu Poe.000 phNw^`^n,)�h g round 3/41 Ira.
l5 N.3/4'IRON IR.NO CAP W n g ea/n
cap lobe:w „1 Plea Cap.Ion, 100.. x'oa
11.1 .Can Mae le Shea Bela.:
12 _ y- )- to C;;
E. 1/4 Car.. Sec. 5-4-68 ``Tel Vv
I 4114
M.No.u.Reber(Ir9m,known)1001
8 N /
I$ I..Iada ws.den Be`pbe_. — — �rta$�n.eawwr auntie pied bong n^
JB,VVHH/// Till I ROM
E (W) w naon'Snee. t.thecae e. In w a macro.nwlm]property
s+z4 I/ po ne:s8:t ems.the n m .•en..a w es euwwe mop. (v.)un n. ,
Pa r el ecodldrE. vp•�cnyW��wal^d Mw wnc4 rent accessory M1b special a In pdetla am
LS •
Id B a Recorded 00 140 Na. 126.emote n the sody o4 l evin of Saha 5, m
Township 4 North,Rome AJ eat a w 6th PY..Why a Stott d cab Wok
ten 00 0 p ip 4e Nn mien 4am Lwpn
RtM1 to raw COMM! SCALE: 1w 100 1N mete,aw fw,'m6.p tln+edaed bead.it. — of
data Corey I.m a w race waJ.m agriarcral m w,o.s•ww,p slaw.ax�firthwvote 1.r m yn.4el C16I[Ip+IE M^�^y o. mfx1. .P4.....:.�40 '� x
m el a9Mul1 l products. 'n uY FN .<i.'20iAAY'.,Y !
hut •a nt 11115;00 r suture,Perm.nee
pile a need arm mast recognize d accept 4 M'RW[r16l.toa I e)p hereby 4 doll for the benefit of the ice)p 0 r Notary e 4I. - 4 • - S r 1
wnhm•tr nd, confer In Ivry amdne�'nallered pot no.e eta e n el of the own pa.•e.hewn eo deer m1./IoM an4 •
O 0400 that In noon Me COthe dotebeke come wKK Aw ere attract urban aN balers Slewn John Shine a Rearbnd PraleWenl Lena Low or e W 5tale a Colorado --
a real Pee Meet pwxera k a h ere ecareer. red . p under poet 8%p hereby a t 6 an Exertion µr1 m � 4i
_ described
.IWw pro
a W 0011 wpmld q• t bR ndpIMna Imo. 1.011 M ere n t anM w.wn to supermenWe.. W bamlyy et further mrvh sI/�V/^ .J': -{ • "�S n 66
Casty Meet w le•w. Col b'� , gletra1"111 'aonfar neracaM fN+�emend Nth Leeson Derma ben / ' e •
.B O- J> •
a be Stela Colorado 1.80.01 f`
Agricultural
buam el lhe lee erould not be accemmmel the 00 rudene b Mon expected to claa real ngs tlorW pkeabhea agriculture er X e e I B.-0.' 4 ;
w l generic d1 0 0 Maas.Including n from tr�aclm into
equipment 0 eee^,m duet LAND 51,16091/4$6;0%538 I
rural roods duel form met eta.wk.'ta and
geed,sod odor from ere •rand mere.reel simpe be mowed �y 'f' 7,1 nar
e lev.
Roe Met r w Meg I1n ^vldlpt era he me a \{.� TGIF a PNl Ie-Ee(M 0 WY County conelon•d pot P I IHM.•e` I
wad Nb,gnaa a•reYprrnat Mlwl Ilwle^k9 um of ore SIMON 0.e dltlnR 40.en al yal:m 1 1.000 41. Remit,S C.I�i a 30462 00.147 YM — Y nm^e!enequiternenb �e.MIM_W w0 d ae awl w mcY ad MIM , Y4 . a __ y 7 r.nM v production ode- S.l.,-o f:�..-.r Jer I. mate WON The North Fn Non Peet ntre n dorm w mu p et mom n m
Section 35-3-5-0x n.s. ax 111 m nuke appRm.N land,e a"o dWAI Ileo�+$ d Spben I.�•'Nort Reny 1111 We,team Spar ao0o DO' t of
cm a mom,eounty q. lM n Matedpm my 1.p
pivots nWonn a kuXUM operation A�pdu to es.Mena makee rah..m pelue that r 1a
eemmen&.r remmy pm ^Rn apaculwl pmaucln 1. Raddled, a d ea"now RM h cne0 by nmrrIM • a1. Iron rce nc.ee Fe I
n a aba a1. ...Er may
W M,d Bak 6 I.0 dM.l^M.M e-Ael w 9 O
more the 3.700 m ee el Ladd to mpp' ( - w Steer Nene nu iewaind.} n m N p eYon rie tµ�e�w mee,easements M aa,�wnerd e° .,11411 a saner 200-1 m e 1 R M eewpeanebmlME R w] anNorwm Sams LeY W e t
a tautly mode outer a mdwp.lw l. moet is hosed on reponse.to e1.a w d.. ,
.•Ma.my a alone a termlmnr the
'.to
o me n pan.rm u c and i nnnm w deep a emergency 3. 0 e rmwa77Lce. Sectionpleiets or 23-6 MI.
of shale Meaty Oar w methane Me repairs loon b. r t R.. a l
more(hen
-ndu014 ww entire t emendate, e - Pb 00.1 ram usually peeked m •
• .no must mom tbe6 Imo I 9 to 0001 w m County graver F. • - 3/ ear Marie a 65 49451. z.11 lISt . a1.up.an ono mum .p wY...jog end / I It/
Snow
rmora pr s men uw re horn,. dd.6nend of e Mime � .pent ll.Mal . am a th 1 do structures � :.
real 0e More lot
5. 0 -S / ,l 5 w1.n we a.pc cow us 5W5x)- l Y
▪ 00e rare .,Snow remove la m a 3 Ira b re Mem d herding permits re applicant ben a recorded
ewp .A „sow,Ma.la Mee wore a my le
le Berne pram eeNum s,...,deeYn mp1. honesty.be more C*I the lemeramee Sena.it mei arm. . e. ® -*post KKNen no octanes u,tl,/wrnnat IS.cEee m,1.e.e ne 1•W aeeiglte an deod thee w L.tdeignalion n 1 1
.nl wll[ml ben omen,worm *11405. IN +. (ml-Measured bearing one/w sees. Recorded Exemption
mine to a'rrn leo mb county Mn 01.uW0Mn sky, Wen 0 IY CNoo . (r) a Rotas bwrbq and/w distance 6ekm Porn RE 135). a tiro the recent rM wbnii ntl b The •
p 4 adequate water supply of �! c._
equipment red d m14 - electrical w mow a 4.080081 1 M Planner.,
and dole I•xh5 W e have an _ NCINNT MAP :.r
Met reran. .C wimp .b eenep important,.x70 ry:power newasted.w 91.: _ e.clan: her d 9•25 and
mop Lateen
threY the 1.Coeme•re `. 4. 'rpwlef ndr aanY m am b wDeputy p°'k la When Co 1111 00751 9251 Lee Road.Route 1 Shied mum keep property w become e°I to a read a MJ>'
protection a the Meets we r[..an.B. m mid: G-2S-f) 5.the p'pwad bed mt the,to Seale e d the W ea County fora,airy
n - e Weld Cwmh Cede.
y1.eteine s moss
be u Sun menace5.!sse,µPad y 55555 bed the
may 4.000 5.55 t / 'l.
N rcw,dot an W.In Yeen hem ^mipbenel the veraem shown \1MM..nV-bad-tame /
06•103145. 111 are !DATE YY/er DRAM 6Y:6613
Y: L\IMr moms rlRf: 8400 N]. C
CF 9RR K06r IA.
Ib1CINTERMILL LAND SURVEYING. INC. 154 : in-le CHECKEDB: 6 Ivor Donna Larson Recorded Exemption 0.,I-009
watts CLeRlYo AIME nrI.JO. 00.0000 60037 es.(9701-w-osle/1.0 070)-68-9775 l AMMO Err J Ie4 r 6111.1 q 1.w.Pea 1..Y County worse
• •
• Road File
RE:
Other Case No.
APPEND LX B
WELD COUNTY ROAD ACCESS u FORNLATION SHEET
Weld County Public Works Department Date:
933 North 11th Avenue.P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000. Ext. 3750 Fax: (970) 3:2-2368
I. Applicant Name 1utie• 4 PosJi & LSR-40d Phone (9„153L- 3sui
Address 9 L M. ceoury t-ttaE eo. tre I City $e Er'11ou0 State so—Zip 8ost4- cur l
_. Address or location of access
Section S Township Loa Range l.aw
Subdivision — Block — Lot —
Weld County Road 4 So Side of Road 40 -r-Li Distance from nearest intersection Sic'`t Wart of So r C
3. Is there an existing access to the property? Yes X No 4 of accesses
4. Proposed Use:
0 Permanent ( Residential/Agricultural ❑ Industrial
O Temporary O Subdivision Cl Commercial 0 Other
iaaaryaiaaaaaaaaaaaaaaa*aaa##w4ofofaslaaaaaaaaaaaaaaaaaaaaaaaaaaaaaalafaaaaLsax a a as x ayaaaaaaaaaaaaaaaaaaaaa
5. Site Sketch
Affect.. Lcc.Ano..J of LW
Legend for Access Description: (-w"'ire- r.corrioc. ^cr-Es5
[.o.,u,-r (VA-u%44. nt4
ARG= Arzricultural et,t.ey N...+ 4 4brt.4°„\,
RES = Residential — - —(s.u.� IA.C.• .Si,
Mat
O&G= Oil& Gas YJsw
D.R. = Ditch Road l-or el
ro 4ri
ti.33 Acc.es
LoT A
a (,.LS Ace-55
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OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized —) Information Insufficient
•
Reviewed BY: Title.
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I VAR LARSON PROPERTY
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.C. OLORADO DEPARTMENT OF TRANSPORT ION Local Jurisdiction: Larimer County
DT Sectlon/Patrol:4/1/5
STATE HIGHWAY ACCESS PERMIT O
I
DOT Permit No.: • 494001
HIV II: Al Warnock @ 667-4650 between 8-8:30 a.m./, 1:30 p.m- Permit Fee: $100
Date of Transmittal:01/05/94
THE PERMITTEE;
Ivar W. Larson and Donna M. Larson
925 County Line Road / Route 1
Berthoud, Colorado 80513
Contact Person: Richard Thornton
Phone: 667-8010
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accord. • -e with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachm' Th(s permit may be revoked by the issuing
authority if at any time the permitted access and its use violate; ii hie terms and conditions of this permit.The use
of advance warning and construction signs, flashers, barricades flaggers are required at all times during access
construction within State right-of-way in conformance with I: i ANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI.The issuing authority,the Department and then /appointed agents and employees shall be held
harmless against any action for personal injury or property damn •'stained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 60, d distance of 4232 feet east
from Mile Post 2 on the east/right side.
ACCESS TO PROVIDE SERVICE TO:
9 single-family dwellings of Mountain View Estates Subdivision by way of
Mountain View Lane, a private drive.
OTHER TERMS AND CONDITIONS: •
1. THIS PERMIT SHALL REPLACE PERMIT #493088, PRIOR PERMIT HAS BEEN VOIDED.
2. This permit is only .for the use and purpose stated in the Application and Permit.
A change in use of the property which results in a change in the type of driveway
operation may require reconstruction , relocatirn , or conformance of the driveway
to the State Highway Access Code.
3. This access shall continue to exist until such time that other reasonable access to
an alternate street or other access is available.
•
4. Left turn movements in and out of the access(es) may be prohibited at some future
date.
5. Reconstruction or improvements to the access may be required when the permittee
has failed to meet required specifications of cosign or materials. If any con-
struction element fails within two years due to improper construction or material
specifications, the permittee is responsible for all repairs.
6. The existing access shall be removed. Removal shall include return of SH 60 side
slopes and borrow to match adjacent conditions , and remove all indications of prior
access.
SEE DESIGN ATTACHMENT "EXHIBIT A" .
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority. •
•
By (X) Date Title •
Upon the signing of this permit the permittee agrees to the terms and .nditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe . Tanner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify John Springer
with the Colorado Department of Transportation In Loveland i at 667-4650 ,
at least 48 hours prior to comme Ing construction within the Stain Highway right-of-way.
The person signi g :s the per itt'e must be the owner . eg.l reprer'lntative of t e property served by the permitted
access and have author' o . cept the permit and • I its t: rms area onditi
Permlttee ( �i�f�� J✓ J,.� ) Date
•
This permit is not valid until signed by a duly authorized represer tive of the Department.
DEPARTM NT OF TRA ORTATION, STATE OF COLORADO
By ( Date 1----_ —Title Development/Access Coordinator
Region IV ( ate of issue)
COPY DISTRIBUTION: Requi 1 Make copies as necessary for; Previous Editions ere Obsolete and will not be usr
1.District(Original) Local Authority Inspector CDOT Form.le
2.Applicant MTCE Patrol Traffic Engineer 7/9
CERTIFICATE OF CONVEYANCES
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD ) Order No . WT55455
The WELD COUNTY TITLE COMPANY hereby certifies that it has made a
careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30 , 1972 , and
the most recent deed recorded prior to August 30 , 1972 :
LEGAL DESCRIPTION:
Lots A and B of Recorded Exemption No . 1061-5-1-RE126 being a part of
the NE1/4 of Section 5, Township 4 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado as per map recorded APRIL 8 , 1974 in Book 712 as
Reception No. 1633633 .
CONVEYANCES (If none appear, so state) :
Book 644 Reception No. 1566446
Book 1295 Reception No . 2247016
Book Reception No.
Book Reception No .
Book Reception No .
Book Reception No.
Book Reception No .
Book Reception No.
Book Reception No.
Book Reception No .
Book Reception No.
Book Reception No.
Book Reception No .
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
Opinion of Title, nor a Guarantee Title, and the liability of WELD
for this fee
COUNTY TITLE COMPANY is hereby limited to the paid
Certificate .
In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this
Certificate to be signed by its proper officer this 31st day of August ,
2000 at 7 : 00 A.M.
WELD COUNTY TITLE COMPANY
By: 9fiC kii0�y
gnatory
H
. d J..
b 1295 HEC 02 016 04/12/91 16:01. >5.00 1/001
A P,2247ULL F 2134 MARYANN 1?F.CERSTEZN CLERK & RECORDER WELD CO, CO
11';1RR \NI'Y 1WEI) •
IRIS iwP:n, Almle'IA. 12th ,1.'t.'I April 11 91 `
"""" 1. g L. . Inc. , A Colorado Corporation
by ivar W. Larson. President
11 tnrpi,r.irh ii iLII% ore unrcd and etrtun':wider and tt %Wilt :itt!Witt,„i Ilse SLlle
nl Colorado .r,nl,,r.a:!n
Ivar W. Larson and Donna 11. Larson, Tenants in Common •
ttlm.c
925 N. County Line Road, Route 1 - - "--- -------
Berthoud. CO 80513
rl the "•, 'n, "! Larimrr Sa •'I(.dnLu'.., !.,.
cto II\FSSE'l II. F h.a the t.Ilm a.bn And in,.'n..la.e!nn II':.IIIu •I
(ten) 810.09 bin.l.SHs.
tl•cn .ntaid hutlitmt I 1 h .I etch A Ia1.hr nmal •,NI and LI_'na.,t l L..prettv.Jn,
girl hargaut ..IL . and ,:"pt runh. !he gr.n,hr. h, hoe hthi m u u, . .L th d pr lxrn m tther t,;al
•
eq.r',u.c' ..a.' •iunll:.huq'.awt Seine in OW rn M,. WELD
St.at."I('„Nned...dc.enhenl.it fa no,.
A TRACT CF LAO LOCATCi IN THE )CRTHEAST OUARTFir C?SECTION 5,
CCWYSHIP L NORTH, RANTS 68 WEST OF T6 SETH PRINCIPAL 1T4IDIAN,
WELD COUNTY, dDWM00, MO MORE PARTICULAtLY DESCRIEL, L FOLLC. t
RES:ENING AT THE HORT)I EAST CORNEA Cr SAID SECTION 5, THENCE ALO!:T THE
NORTH LItr! OF SAID SECTICH 5 WES. 811.25 EST TO IIIE TRUE POINT CF rOI!iNTNC;
THENCE CON:TIMING eat= SAID NORTH LINT REST 160.ST FEET; THENCE SOLI]!
AV2L')0" EAST 1)21.17 FEET; THENCE WEST 155.00 FST MORE CR LESS TO THE
WEST Lt5' Or THE UST 12.50 FEET CF THE REST HALF OF THE NCRTHLAST CUAP]TER
OF SAID SECTION 5;'TIIENCE ALONT SAID WEST LINE SCCT3 2'CL'j0" EAST 1227.92 FED M'5 CR L�
IC'THE SOUTH LINE C?THE NORTHEAST QUARTER OF SAID•SECTICN 5; THENCE ALONG SAIL SCLTH LINE
e
?.Ain ES1L5'L)° EAST 521.55 FEET MORE CH LESS TO A LIW7, WHICal DEAW N=itTi1 2°19'CC" T A!: •
PASSES :CIRCLER EIS TRUE FOIST CT CAIRNI!O; THENCE ALONG SAID L NORTH 2°19'0'
.d.0 Anil'n ht ,Tree Ana nl EE
nulwr.it 25)7.6L FT KCPS CS LESS TC THE•TRUE POINT OP C-CI:,'. :0.
SAID OESCHIEED PL'SCEL CONTAINS 15 ACRES ROPE CR LESS.
I(X;ETIIER ttllh.ii!and.lneular the hcretilt.nmmit,anti,pptmen.':•'., hin_,I.n. n .'Jr" ',I n',I,. . ,ppt' '.nn,:..nt' the
re,gninn and rtir '.' ..remainder and rem.nr!dtr..rent.n.oh..111d pnrot tea rill.am!all Iht e' 'Ic.rind,'lilt'.eI '''.dean. .:
k,,,Intl nhnin.[t,r uI the g.mbw.tither In Loa 44r'tonH.al, in an„In:he.'hnte bargained p!nnne.. :i nh ILe Ln hlic.on. 6. and
I!ppurte11.ntc•
1(111\\I':.55117(111111.1)iiic.."d Ivenn,c,.11"t e h.ue.,,rc l.n"d det.r'hed tt Nth the appnnemult e..u11in the grantee.h"he!r,and
hntacr and l lie CL!nl''r.!''1 l Pell Aid II,,'etC.."n,r6,..tuten.m!.grant.h.lrc.!!n mid agree lu;utd tttlh the[t.Iltltc.tilt hen,
anti n, tl'.e at the the e%theu'•e.ILne mud d.leery''I 1he,tpc.cnn.,tn%tell.:vot"I the pianoe'aNne tnntocd,ha.e',,nd.
cure.I'eriet L.It„rlulc nel u,,deg d•Inca:uv'n'nhenran,e.in',n it,tee.'mple.and h.tg,.nd riplll.1'111 p'nt r andurlthuri)to Erna.
h.rn."n.,dl and%whet lie'aunt'III nl.nmer and Innn.l..'b're,,,a1.and that the•dole etc Fete iii!tier From.dl Inrnier.u'd ether grant.
Litt .e.•ttmean.eneuwihr.u'te,and rr.tr'cln.ri•" 01.litter Old nauwe.nacre ettept
None
I he r.t.'nn'' Ji.d1 arid thdi AA ARR VN I ACIi In1<LA I H I,I!! 'it tht .d'nte t.'r:'int.l p.tl"' ur Ilk to el and pcuceMc
.,...nn,oilk,l•r.Intt e,hI.hnn and e,•itn... .un,1,l11.'nd nett I"'nrvn n'r ptnrrL,,,I n NM t L'I' 'nt the tt Inge nn nt pall the•:C'll I
I tI I'e ales ular nllluly't.hall ntt!u Jc the p LIT.tle p:'tei the II MIL!.he get nt aim F•andtr•h,Ill be.'ppht.Ible of illrender.
I'I
I\AWI 151.55\\IIEHI101. I N.nranhn atn,dn,,iTrinate 11.110C t,nthintt „I hllt 'I, Corporate
I'n,l lenl. .n1 nt q"'.It le ht'leilrtl. .0 htt,l - r I H, H. Corporate A n1'n. i.t ' I yen Nltl
.Il.ae un`.n
d ? /1� ..
L L. Inc.❑c _
I
3c Iva- W. Larson
2 n"'P'.1.". aI S1I Iii I%h ill 511{1 1
4
... ..loot•! Lorimer
'.I It ,. 12th �.tt April !'.`• '
n, 'L'2a'r W. WFyit on PrPoildont and
9513yF�'I son Sc 'Lm
."���° :�� I_olornco Corporation •
augustiu
I�t
e r 'r0
'll ni I'Cr.',, niter.
\n.jli5.Nrt.].Y4. It'Nxttlt ullll a,„ten.'...'. I v. .'.t.. i.,...1 ",n' i '.•• "'
3 . . ... "°., a ?,
t� a aoa •assess.=.a, �—• , _ 2 7.fit di
Its DEHp pad.is. scconirs new any at January
. 15 71.lobos Seen a
•
a T. R. TEL= and DWIGHT F. EATON eteM Date $7
o sad4t W fleet vat sad
caw of Lariser w seas d Col► $ S.DO i ,
'' L t L, INC. e
v0 aeaeponuaatgedw .
e0 mdse as by.t .of W Yea et W sat.of Coloradq
e�i of the semi part:
at e
r.r1FITHISSETH,That the said part les of the fart ter and Y
-e **Ten Dollars and other valuable consideration coaddemeta
°f kiss at
npaealeeof W rent part in trod paid by the old �f ref Ii e
to W said
,. hereby panned sad aetaewldg.d,ba land et e .stay part the Men whereat Y
o snag banal.,sell,ea 'id pa W,fay w eea.ged,w by as pe.rb lg a•
o all at the following. ..s and p unto the said party of the.need part its successors sad a.mins teener,
Yr dsseribie lot or paMl et lad,ante,lylap and being in the
o
G Comity of Weld Stets at C
That portion of the NEjof Section 5~Township 4 North, Rangecl
68 West of the 8th P.M. Weld County, Colorado more particularly •
described as follows: Beginning at the NE corner of said Section 5;
g~ th along the N line of said Section 5 11,553,32 ft to the TPOB; th A
ck continuing along said N. line W 618.89 ft; th S 2°24'30" E 1321.17 eir
M ft; th W 165.00 feet more or less to the W line of the E 12.50 ef`
ft. of the W half of the NEI of said Section 5; th along said W
N. line South 2°24'30" East 1228.28 feet more or less to the S line of
the NE} of said Section 5; th along said S line N. 88°47'00" East
h' 779.31 feet sore or less to a line which bears N. 2°19'00" West
and passes through the true point of beginning; th along said
o line N. 2°19'00" W 2532.73 feet more or less to the true point of
o beginning.
tip Above described parcel contains 40.571 acres.
TOGETHER with all and singular the bendieaenr and apeoraancee then.,,,, tit.,,
appertaining.and the reversion and reversions,remainder and nmal n ads , rents, issues and profits thereof: sad w
W sate,right,title,earn,claim and demand whatsoever of the said pan ies el the tint (tart, either a law
or equity,of,in and to the above bargained premises,with the heeedltan°na end appurtenancn.
TO HAVE AND TO HOLD the aid premises shove bargained and described with the sandman. unto the
aid party of the second pan,its sueeeseon w amigos fonnr. And the said pan ies of the tint part, far
then yes heirs,electors,and edalalatraan,do
the aid party of the second f° the timegra oft.bargain to ad g and to w f
part, its ofcthe.ore is assigns, at the the eneNag ute of
than prance, they 8Cee11 reed of the premises above conveyed, 4 of ■ood, save, perfect, absolute and
btdeha@Ie estate of inheritance, in law, in fee empty,and ha ye
free
bargain,all and eones right, full power and lawful car to •
convey the same in manner and form are aforesaid,and that the ague mgfed and fro
m
fs
all former and other treats.bargains,ales.Ilea.taxes,assessments and encumbrances of whatever kind or roan
except taxes for 1970 payable in 1971, agreements, restrictio
and reservations of record, and existing easements.
and the above bargained premises in the quiet and peaceful possession of the said party of the second succason and.taiga,against all and every pence orpart, la
thereof.the said will WARRANT claiming R or to claim the whole or any part
part leaf the first part shall and AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said partiesf the tint port have hereunto set their hands
and seal H the day and year lint above written.
Signed,Sealed and Delivered in the Pnte of /
rne (SEAL]
• :/
...._et_.�'! _" 'r
(REAL]
STATE OF COLORADO,
GE, county of Larimer }es'
feeeromg instrument was acknowledged before me this 28th day of
it, y January
'AO I i°l R. Yelek and Dwight F. Eaton
y
t�l1i
i afy rftmnialon •exptnt• !, - / `J ' '7
kITNDSS my la and official seal.
___ '.71<_-,.� ty0—cwt—c..Q
; •
i
. . . _ c coto s171rE
a..w.a c.% _ o'clock _1a APR 8 1974 uwr ego• i 12 s.c t1a 1633663 s um sn.n... �r. R.m,d.. i s- AS LMIME 1
I—y I/4-
, s 4 WELD I
RECORDED EXEMPTION NO. 1061-5-1—� 126 I "aa..r N.Wu•
T.4 N•R' N.KG4
• . i MARCH 25, 1974 I u W .4K
ti,
OWNER: L. & L., INC., IVAR W. LARSON, PRESIDENT I "-,•
925 NO. COUNTY LINE ROAD, BE2THOUD, COLORADO, 80513 I '-1 6
•
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 5,• orimN \
TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SE U-er sacs a:Wva ,,,
WELD COUNTY, COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: T4 N.RGmW ac aF.t
BEGINNING AT THE NORTH EAST CORNER OF SAID SECTION 5, THENCE ALONG THE 4 T4N.
NORTH LINE OF SAID SECTION 5 WEST 811.24 FEET TO THE TRUE POINT OF BEGINNING; Na.AW
THENCE CONTINUING ALONG SAID NORTH LINE WEST 360.97 FEET; THENCE SOUTH YWNT' MAP
2024'30' EAST 1321.17 FEET; THENCE WEST 165.00 FEET MORE OR LESS TO THE SCALE I'".
•
WEST.LINE OF THE EAST 12.50 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER
• OF skim SECTION 5; THENCE
TO THE SOUTH LINE OFALONG E 3 1227.92
THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE ALONG OR LESS
SAID SOUTH LINE
NORTH 88°L5'L3" EAST 521.55 FEET MORE OR LESS TO A LINE WHICH BEARS NORTH 2019'00" WEST AND •
•
40 '. PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 2019'00" WEST
2537.61, FEET MORE OR LESS TO THE TRUE. POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS
-, 1 25 ACRES MORE OR LESS.
- ,` •
.
. CI, L. & L., Inc., being the sole
owner in fee of the above des- ,
NO STM.CmAnt oe A •TONANote cribed property d�lbdel7 divide
\/�' •enarta•lulaa aetacMLO W'reW the ass as ahomri-,oGtNe ittached
(,b' O/TMa A es rMa .. a' r ,
`D 1.'. AT ' D, On. -o TWO AC.D.-FlON NL a' ia/.mop. '
I) SEC.5, T-4N' R-0-W iioeRrev FOR iVTURE
PE*LS'41(2. I4PU6ACEc COUNTY ROAD 5ale-
.
FD. LP. AT N.E. core.
Inc.
15J. WEST JEC.S,T-4-N R-y� W •
/;.-..`..•-
'� F 111
P.E.3 L•5. 4111 KRU6AC2C 7 r
n5pg7v/ trd II,Z.V ,,��FF I The foregoing certification uam
'T
J—Pr, acknowledged before me this "'
day of ..dog....dog.. , A.D. 197¢ ,
• W ADDrTroNAL se' ROM. My_Cotaisaion expires //
• pWN tRED ET AR OFMT • 4.�
is PARCEL EASEMENT MNt A SO'TOTAL
EASEMENT PON ACCESS Notary Public •
I!
% A" a1 EY NEnceErr ERpeeRTr ...
' 1 M 99,7• OWNERS Witness my Ham Etib.._
ii 4 Li
.N ACRES' a .1 .,7�
• n
F
r 8
_ r W
n_
•
' .s2SeSSA O SCALE Is-400'
C O
O
WEST
• y W , c I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY
N W 1 N SUPERVISION; AND THAT . SAME IS • THE BEST or
u
M7 KNOWLEDGE H811.IEF •
t 0 ..
L
o 1 S
o -
F N z arw.>w.mem RONNIE E. ROGANI '• Sign • .
rn SURVEYOR
1" < O j NCO IN Mt- COLORADO BEG. N01,4..
00 E a ♦e •Q •
r O'-% Rd h W 3 w c n s 7; cat:erne, y ••i o �pai.W,II,
0 ADAnCLNT w a
q•Ora.RY nsar!J
LA = N J oww t...4 a .
C, b- e. W —M Mr-ad
I-• k^' h N THE aCCUBANTILV PLAT L.. ACCEFTED AND
'60 . -o 3 521,6-S' �� APPHOVPD/R9! Pl7.IMG. 1
•
r I N 86'46'48'E�S.LINE NE I/4 JECS /tL•!.'• � .AL-C._I-{' (c ,
I -rs-N .R_c8_W :WARD OP'COUMIT hIISSIOE S
• CL.EIKr.2 , G
I
I
,.dL, Neap
0
STATE0FWL0MD0 1 �t
a •
. - COUNTY OF WELD
' I HEREIY CERTIFY THAT THIS INSTRUMENT
C1?-:111E-20r0 10:55~1 FR0:1 I -._T_E F.'' -'fa2h1_IJH r R I?
LITTLIMOMPSON WATER DISIPICT
aPhnr:e(97h•:53?-205"6
mm TN
rpsy O6s: CS E.Kchws'y Se
i o pos°s prewm G
Leo esd September0 r r7 gar y Benrroua,[0iCr7C080513
K.rcrooncoGann W.Gs Gibson L. M
itiir
0er,Maroon
Carey Shipment°,
Jett°Wan
MANAGER.
Fwnat H.H Wise '.
Ivar W. Larson P.E.
925 North County Line 'toad
Berthoud, CO 8.0:13
Dear Mr . Larson .
This letter is in response to your reawest for an updated
water se:'Vica_ commitment to up to 2 residential lots, in zhe
proposed subdivision, described as follows :
A portion of the NE 1/4 , SEC 5, T4N, R68W -- Weld County
located � !- 1/4 mile South of Hwy 60
The District provides water service within its service area as
defined by the District . The ?r;visicn of water service by
extension of existina water lines of. the District to the above
property and the installation of taps for lots .s done under the
terns of f
the Rules and Regulations _ the District established by
tha Board of the District from time to time . You may obtain a copy
cf the Rules and Regulations from. the District . This letter
outlines the provisions of the Rules and Regulations, however this
letter does not chancre any provisions of the Rules and Regulations .
The Board of the District may alter and amend the Rules and
Regulations at any time, and the provisions of this letter are
subject 'cc alteration and amendment based on changes in the Rules
and Regulations of the District .
We cv.rrently hae a lc" :la . water line located along Hwy 60
with additional capacity available Therefore, we can commit to
provide service to the above property, subject to cite limitations
in this letter, for one standard residential 5/6 ° /4" water tap
per lot; and the following additional limitations on the crov sion
of water service ace :
1 . In August of 1993 the Little Thompson Board implemented
a "system impact" fee of $1350 per lot for all lots to be
added to the system. This :.5 due upon completion V. the main
line extension agreement .
'1-J_ LGTvJEI 1L:57H1 'L79i T _� _!1._ L'. 't"rl FEh_ _ EL'F-97-vc - '0�3
2 All Improvements tc .,_s:r_._; °a" - , c _
ortvtde service will be _ - 1
rL ai _a _ t; of
e per accordance rdance w•it_. :he t -Rules the
Rea a=ioo , Ai_ _mp Cvemen` - -t
pemificatidns , s t conform to District
3 . _ = t re hydra
nt L.._ _ r alt is required by ,pa Cc.
.o extend he E ' line Ea _ " " C need
5can the ( na along 78� .
or oversize the line to pr^..L aP tne fire flow
With theinstallationas :eeac^
of a hydrant �. .. will 'e:_
, '.l' - .._ fee is: each hydrant - F,a! ..,
r3:C i..bCd_ �9Q.
e . _r order to L.:rcv:de tde require: flows : :he S5„ i'isl
n
you w;.__ be rea'o . _ _ a ac ._e
� �._ install minimum I3 . - "
tc the Dosedlots . - �"InC�.
`- Tde ae.^_.r , installation total cos:
of the -,
will Pe .e ,
:he rules and r �i
water - FC _._ P_"- 7.' JP'.'. spa_ _ transfer
- -
- rights and ;urc se of ats is .a p_' , .
requires e develocer transfer . a- w te_ and e= _he:: to czyr he rest
W of toe tap as tne water nes ar put in service
The s
Eve tae. has the laps to cell wifh the ictea:. the price
r t a he sets . le rebate
' '.eba e c v ate __ h
e
transition o;;� tae - i c .
e new pcicy allfws the
d'aceoper rc the c1C policy up to
date t`._ hew c will c � After th:.s
occm.:triert letter will exclre the _rot :he
dare of
-chs letter -- tne taps have r h e
installed that - il. a_ a o .,.
domes -Lc " " 3 /4 ' tap is SlE , C00 . C0 . YOU ARE HEREBY ALVISED THAT
THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT T^
CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND
TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE,
TO YOU OR ANT? PZRSON.
Ii .o_ 7:c . - duestichs, __ea__ contact me .
?ega:d_ .
Mi_hae. T. Cock
District
c-ne _
Hello