HomeMy WebLinkAbout20002327.tiff J (I/
la., ilig —
LWURC APPLICATION FLOW SHEET
COLORADO
APPLICANT: Jim Bates CASE #: S-541
REQUEST: Planned Unit Development Final Plan-Administrative Review
LEGAL: Lot B of AmRE-2279, Part of the NE4 of Section 33, T7N, R66W of the 6th P.M..
Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, South of WCR 76
PARCEL ID #: 0707-33-000040 ACRES: 12.8 acres
DATE BY --
Application Received 07/21/01) JAC
Application Complete 07/26/00 JAC
PC Hearing Date: Action: Administrative review n/a JAC
Utility Board Date: 08/24/01 JAC
------t
Design Review Date: n/a JAC
PC Sign to be Posted By: n/a JAC
PC Sign Posted n/a JAC
i
Referrals Listed 07/26/00 JAC
File Assembled i/0/ i , ,�
`
Referrals Mailed " 7m C. /� i
Chaindexed 7/).:S /Ut _____
Letter to Applicant Mailed 77//,:;4 ,��5I
Data Public Notice Published in County Newspaper
Surrounding Property & Mineral Owners Notified --_
Planning Technician Maps Prepared :j %'1 :-
Field Check by DPS Staff 04/04/0{0 JAC
Planning Commission Resolution Sent to Applicant n/a JAC
Planning Commission Meeting Minutes Filed in Case n/a JAC
----1
Case Sent to Clerk to the Board n/a JAC
CC Hearing: Action: Administrative review n/a JAC
CC Sign to be Posted By: n/a JAC
CC Sign Posted n/a JAC
Plat and/or Resolution Recorded �— 1
Recorded,on Maps and file , j
fr .L ,--7,4 4. ;:i.:-•i .r �'il-. �� , ' .,-:,,:.'":,/,::;., / _ I 1 �'/ :.�
Overlay i-- �tricts f` c i // : - 4,i'
Zoning PUD� Geologic Yes No_x_
Airport Yes No,_x_ Flood Hazard Yes No—x
Road Impact Fee Area: Yes_ No_x_ Panel #080266-0475C
Southwest Weld -- #1 #2 #3
Windsor
2300-21 7
Ill I ; In::
410t4i:',) P.U.D Final Plan
Administrative Review
COLORADO
CASE NUMBER: S-541
PLANNER: Julie A. Chester
APPLICANT: Jim Bates, Coalbank Crest Planned Unit Development
ADDRESS: 36961 WCR 31, Eaton, CO 80615
REQUEST: Final Plat for a Planned Unit Development for five 15) Residential ots with 1 .916
acres of Open Space
LEGAL DESCRIPTION: Lot B of AmRE-2279, part of the NE4 of Section 33, T7N, RCM' of
the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, south of WCR 76
ACRES: 12.8 acres PARCEL # 0707-33-000040
THE DEPARTMENT OF PLANNING SERVICES'STAFF HAS APPROVED THIS REQUEST FOR
THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 7 4
of the PUD Ordinance.
2. The request is in conformance with Section 7.4.3. of the PUD Ordinance, as
follows:
a. Section 7.4.3.1--That the proposal is consistent with the COMPREHENSIVE
PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if appucable,
and any IGA in effect influencing the PUD.
b. Section 7.4.3.2--That the USES which would be allowed in the proposed PUD
will conform with the Performance Standards of the PUD Zone District contained in
Section 2 of this Ordinance. All of the Performance Standards have been
addressed prior to Administrative Review of the Firal Plan.
c. Section 7.4.3.3--That the USES which would be permitted will be compatible
with the existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected by the
COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities.
The uses which would be allowed on the subject property by granting the fi•ial plat
will be compatible with the surrounding land uses.
Bales,Coalbank Crest PLO,S-z4l Page I Service,Teamwork, Integrity, Quality
d. Section 7.4.3.4--That adequate water and sewer service will be made available !o
the site to serve the USES permitted within the proposed PUD in compliance with
the Performance Standards in Section 2 of this Ordinance. The application does
propose an adequate water supply and sewage disposal. North Weld County Water
District is providing water and sewage disposal will be provided by Individual Sewage
Disposal Systems (I.S.D.S.), as required by the Weld County Department of Puolic
Health and Environment.
e. Section 7.4.3.5-- That STREET or highway facilities providing access to th.9 property
are adequate in functional classification, width, and structural capacity tc meet the
traffic requirements of the USES of the proposed PUD Zone District. The
Improvements Agreement has been completed and has been approved by the
Department of Public Works, Department of Planning Services and Weld County
Attorney's office. This agreement cotters collateral for Public Road Mainteiarce,
Utilities and Landscaping. The Improvements Agreement and Public Improvements
Bond was scheduled before the Board of County Commissioner's fcr final approval
on September 11, 2000.
f. Section 7.4.3.7--That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. The subject site is not located
within the Flood Hazard Overlay District, Airport Overlay District, Geological Hazard
Area or areas of commercial mineral deposits. Soil conditions on site have been
addressed through Conditions of Approval for the Change of Zone and Final Plan
stage of this proposal.
g. Section 7.4.3.8--If compatibility exists between the proposed USES and criteria
listed in the Development Guide, and the Final Plan exactly conforms to the
Development Guide. The proposed PUD Final Plan USES are compatible with the
criteria listed in the Developmental Guide. The PUD Final Plan conform≤ to the
Developmental Guide.
This recommendation is based, in part, upon a review of the application materials submiltec by the
applicant, other relevant information regarding the request, and responses from referral agencies.
The Department of Planning Services' Staff recommendation for approval is conditional upon the
following:
1. Prior to Recording the PUD Final Plat:
a. The plat shall include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
3) The utility map shall include the location of the fire hydrants and the 65'
radius of the cul-de-sac, as indicated in the Utility Board Hearing Held on
Thursday, August 24, 2000.
4) The internal side lot line easements shall show ten (10) feet on each lot, for
a total of twenty (20) feet, as indicated in the Utility Board Hearing field on
Thursday, August 24, 2000.
b. The applicant shall obtain approval of the Restrictive Covenants for the Coalbank
Crest PUD Final Plan from the Weld County Attorney's Office and be ready for
recording in the Office of the Clerk and Recorder.
c. The applicant shall provide evidence to the Department of Planning Services that the
conditions of the North Weld County Water District have been addressed and that
taps are available.
d. The applicant shall provide evidence to the Department of Planning Services that
the conditions of the Eaton School District RE-2, as stated in the letter dated June
19, 2000, have been addressed.
e. Construction drawings for the roadways shall be submitted to the Department of
Public Works for review and acceptance. Evidence of approval shall be submitted
to the Department of Planning Services.
?. The Final Plat is conditional upon the following and that each be placed on the Final Flat
as notes prior to recording:
a. The Final Plat allows for ten (5) Residential lots and Open Space consisting of 1.916
acres. The Change of Zone allows for Estate uses (5 lots) which shall comply with
the Estate Zone District requirements, except minimum lot size, as set forth in
Section 36 of the Weld County Zoning Ordinance. The common open space shall
be owned and maintained in accordance with Section 6.3.5 of the Planned Unit
Development Ordinance (Ordinance 197). (Department of Planning Services)
b. Water service shall be provided by the North Weld County Water District.
(Department of Public Health and Environment)
c. The site shall maintain compliance at all times with the requirements of the Weed
County Public Works Department, We'd County Department of Public Health and
Environment, and The Weld County Department of Planning Services.
d. Installation of utilities shall comply with Section 12 of the Weld County Subdivision
Ordinance. (Department of Planning Services)
e. All outdoor storage shall be screened from public rights-of-way. and adjacent
properties. (Department of Planning Services)
f. Each septic system shall be designed for site-specific conditions, but not limited to
maximum seasonal high groundwater, poor soils and shallow bedrock. (Department
of Public Health and Environment)
g. Sewage disposal service shall be provided by Individual Sewage Disposal Systems
(I.S.D.S.). (Department of Public Health and Environment)
h. In the event that five (5) or more acres are disturbed during the construction of the
site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and the Environment.
Silt fences shall be maintained on the down gradient portion of the site during all
parts of the construction phase of the project. (Department of Public Health and
Environment)
During development of the site, all land disturbance shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Department of Public Health and the Environment,
a fugitive dust control plan must be submitted. (Department of Puclic Health and
Environment)
j. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than five (5) acres of land must incorporate all
available and practical methods which are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
k. If land development creates more than a 25 acre contiguous disturbance,or exceeds
six (6) months in duration, the responsible party shall prepare a fugitive dust control
plan, submit an air pollution emissions notice, and apply for a permit from the
Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
All development shall adhere to all requirements of the Eaton Fire Protection District.
m. Prior to the release of any building permits, foundations shall be engineered at each
separate building site. (Weld County Building Inspection)
n. No permanent disposal of wastes shall be permitted at this site. (Department of
Public Health and Environment)
o. Primary and secondary septic system envelopes shall be approved by the
Department of Public Health and Environment at the time of septic permit application
and record an easement to show the envelopes. Septic system envelopes shall
meet the setback to the Eaton Ditch as well as other required setbacks as described
in the Weld County Individual Sewage Disposal System Regulations. (Department
of Public Health and Environment)
P. The site shall be developed in accordance with the recommendations contained in
the referral letter, dated February 2, 1999. (Colorado Geological Survey)
q. The maximum permissible noise level shall not exceed the residential limit as
measured according to 25-12-103, Colorado Revised Statutes. (Health Dept.;
r. Any signage located on the property shall require building permits and adhere to
Section 42.2 of the Weld County Zoning Ordinance Design Standards. (Dept. of
Planning Services)
s. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan
shall be recognized at all times. (Dept. of Planning Services)
t. Approval of this plan may create a vested property right pursuant to Section
90 of the Weld County Zoning Ordinance.
u. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD
Ordinance.
3. The Final Plat shall be submitted to the Department of Planning Services for recordinc
within 30 days of approval by the Department of Planning Staff. (Planning)
4. Prior to the release of any building permits:
A. The applicant shall supply designated street signs and stop signs, as required by
Weld County Public Works, at the appropriate location adjacent tc Weld County
Road 31. (Weld County Public Works)
B. Building permits are required for dwellings and any accessory buildings Doing
constructed or moved onto the property. (Weld County Department of Building
Inspection)
C. All dwellings and some accessory structures will require an engineered foundation.
Such foundation design shall be based on a site-specific geotechnical report or an
"open hole" inspection made by a Colorado Professional Engineer. (Weld County
Department of Building Inspection)
D. All buildings or structures shall maintain distances from property lines and
adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code.
(Weld County Department of Building Inspection)
E. At the time an application is accepted for a building permit a pan review will
be done. A complete review of the building or structure may reveal other building
issues or areas needing attention. (Weld County Department of Building Inspection)
F. Any signage located on the property shall require building permits and adhere to
Section 6.3.6.3 of the Weld County PUD Ordinance and Section 42.2 of the Wed
County Zoning Ordinance, when applicable. (Dept. of Planning Services;
2 i-
Julie A. Chester
Lead Planner
pc: S-541
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
—_
C-f.>4-E.�.V- act &4 v4Lc. av ,)r-2.-;:.-
FOR PLANNING DEPARTMENT USE ONLY: i -z-
Case Number 5-52/1 Application Fee: _ .2_7 _____
Zoning District Pe-IL — Receipt Number C. (, C-1i _—__
Date___-_;Vg 4,/j.) Application Checked By: —_
Planner Assigned to Case: J
—,
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan
of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: LOT 13 OF /VIP. - 227q 1 I3En1X, PART- QF THE NE"( OF 5E0-704,1 3.J,
T72r) Rbbl; OF TliE 671 P// , WELD 60u4,7--Y.1 CO, . .^--
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER: 0 2_2 1__0 _6)_ 0 (12 digit-iumber fauna on Tax l.D. or obtained in Assessors Office :
NAME OF PROPOSED PUD SUBDIVISION CO/4L1314/UK C.gcsr ----
EXISTING ZONING pup - _,CHANGE OF ZONE CASE
NUMBER L-50
TOTAL AREA (ACRES). I Z.43 TOTAL AREA (acres) OF COMMC N OPENSPACE_ r.c _
NO.NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 1.497 MINIMUM 1,097_
UTILITIES.: WATER: NAME /U1Lk'Zu0 --- -
SEWER: NAME 5 a it- ----- -
GAS: NAME 6Ra1 6./I -- -__
PHONE: NAME US W» 1-_ - ___
"_LECTRIC: NAME P11BLUL SC1/1e-C- ----
DISTRICTS: SCHOOL: NAME CR1VN Saba- DISTRICT _-___—__.
FIRE: NAME _atreJ 0197721er -_—______
ENGINEERS NAME /HOC Kt ZOYWJ'OUL _ PHONE 3 '6C,_
AADDRESSPHONE O zee./
.--qpz:wo
SURF,J- FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: Jim -4 OWN& /3/1 HOME TELEPHONE: ' 5 L O h 1
ADDRESS: 3&? TUR
f 4 az 3i ETU, XS061.5" BUS: TELEPHONE:_ 11 0
NAME: _ HOME TELEPHONE. -
ADDRESS: BUS. TELEPHONE: ____ _
APPLICANT OR AUTHC RIZED AGENT (if different than above):
NAME: HOME TELEPHONE:_
ADDRESS: - BUS. -TELEPHONE:- ^--,
OWNER(S) AND L SSz ES OF MINER_a.L RIGHTS ON OR UNDER--THE S.IBJECT PROPERTIES
NAME: (._ ,E- -- W LlL D LIST) -
ADDRESS ----
$12dilbt:)%1123- e-&------
c,>ignature: Owner or Authorized Agent
22
Weld County Treasurer
Pursuant to the Weld County Subdivision Ordinance. the attached Statement(s) of Taxes
Due. issued by the Weld County Treasurer, are evidence that. as of this date, all property taxes.
special assessments and prior tax liens currently due and payable connected with the parcel's)
identified therein have been paid in full. The lien for the current year has attached for property
taxes and special assessments, but is not currently due and payable.
•
/CL.L J' ) k�. /V�G
Sigt�e ' I ate:
Report Date: 06/21/2000 11:17AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0064788
ASSESSED TO:
BATES JAMES HOWARD &BONNIE LEE
36961 'WCR 31
EATON, CO 80615
LEGAL DESCRIPTION:
18675-C PT E2NE4 33 766 COM AT THE E4 COR OF SEC N546.29' TO TRUE PO13 N50D58'W 303.66'
N43D55'W 102.89' N31D20'W 107.07' N15D26'W 101.47' N06D42'W 984.31' THENCE S70D35'W 18' N19D24'W
28.10' N70D35'E 18' N41D55'W 811.77' N87D05'E 1057.95' S2116.20' TO TRUE POB(2.51R4D)
PARCEL: 070733000040 SITUS ADD: 36961 31 CR WELD
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUI.
TOTAL TAXES 0.04'
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUI.
TOTAL ASMT 0.0o
TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUI
TO1'AL STATEMENT 0.0o
GRAND TOTAL DUE GOOD THROUGH 06/21/2000 0.00
ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 0226-
Authority Mill Levy Amount %alues Actual Assessed
WELD COUNTY 22.038 50L59 Land 7127 2070
SCHOOL DIST RE2 45.878 1,044.18 Exempt 0 0
NCW WATER 1.000 22.76 Improve 212395 20690
NWC WATER 0.000 0.00
EATON FIRE 3.055 69.53 Total 219522 22760
AIMS JUNIOR COL 6.343 144.37
WELD LIBRARY 3.249 73.95
WEST GREELEY SOIL 0.414 9.42
81.977 1,865.80 - TAXES FOR 1999
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BI
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES- AUGUST 2,
REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext..3290
JULIE Chester- ub0824ag.wpd P age 1
•
• AGENDA
• WELD COUNTY UTILITY BOARD MEETING
Thursday, August 24, 2000
Please contact Trisha Swanson at 353-6100 Ext. 3528, if you are unable to attend the
meeting.
•
•
•
•
10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld Count/
Planning Department Conference Room 210, 1555 N. 17th Avenue, Greeley,
Colorado.
1. CASE NUMBER: S-541
PLANNER: Julie Chester
APPLICANT: Jim Bates
LEGAL DESCRIPTION: Lot B of AmRE-2279, Part of the NE4 of Section 3 ,
Township 7 North, Range 66 West of the 6'" P.M.,Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, south of WCR 76. For a more precise.
location, see legal.
REQUEST: Planned Unit Development Final Plan -Administrative Review
2. Nominations and Voting for Vice-Chair
Don Carroll asked that the Utility Board nominate and vote for a Vice Chair for the Utility
Board meetings in case he is unable to make one of the meetings. The following people
are members of the Utility Board and are the possible candidates: Cody Wooldridge, •
•
Central Weld County Water District; Gary Sandau, La Salle Fire Protection District; Jerry
Adams, Greeley Gas; Mark Peterson, St. Vrain Sanitation District; Doug Dalton, Public
Service; and Don Magnuson, Cache la Poudre Irrigating Company.
7
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
�
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was on iy,jJ` 24 , 2000, at 1000 am., in the Conference Room of the Weld County Administrative Offices atThursd 15`.15 \l
17th Avenue, Greeley, Colorado.
Members Present
Doug Dalton Public Service Company
Gary Sandau LaSalle Fire Protection District
Donald Carrolll Weld County Public Works
Al Trujillo United Power
Also Present: Jim Bates, Applicant; Julie Chester, Planner, Wendi Inloes, Planning Technician II; Vicki
Hamilton, Planning Technician.
CASE NUMBER: S-541
PLANNER: Julie Chester
APPLICANT: Jim Bates
LEGAL DESCRIPTION: Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7
North, Range 66 West of the 61h P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 31, south of WCR 76. For a more precise location, see
legal.
REQUEST: Planned Unit Development Final Plan-Administrative Review
Julie Chester, Planner, presented the final plan for Case S-541 and stated that this will be a five (5) lot
PUD.
Discussion followed concerning the Central Weld Water District Easement. Staff will request the
easement document from the Clerk and Recorder to verify if the agreement is exclusive or if other utility
providers can use the easement.
Gar/ Sandau moved to accept the plat with the following conditions:
1. Staff be provided an utility map showing the location of the fire hydrants and the 65 foot
Radius of the cul-de-sac
2. Change the internal lot line easements from five (5) feet to ten (10) feet for a total of twenty
(20) feet
3. That the easement from North Central Weld Water District shall be researched by staff.
Douglas Dalton seconded the motion. Motion passed unanimously.
Nominations and Voting for Vice-Chairman.
Douglas Dalton volunteered to become the Vice-Chairman.
Respectfully submitted,
1.//d t/ r('/%/- --//6"--/
VicKi Hamilton
Planning Technician
08/17/00 THE 16:08 FAX 9704989966 THE DOW LAW FIRM LLC V001
THE Dow LAW FIRM, LLC
ATTORNEYS AND COUNSELORS A7 LAW
TIMOTHY J.DOW,MBA,JD PO.BOX 1578
PATRICIA 1,DOW,CPA,LLM PORT COLLINS,COLORADO&)S.2-1578 97 CLOCK 7 OWLR SQUARE
(970)498-990D 323 SOUTH COLLEGE AVENUE
MAYO SOMMERM EVER,PC. FORT COLLINS,COLORADO Bn:q
OF COUNSEL FAX: (970)498.9966
E-MAIL: dow9pdowlawfirm.com 2,/72 CARET AVENUE
•ni5onoMirrto IN wvoMlNG CFIEYENNE,WYOFIINO 82001
(301)634.0541
August 17, 2000
VIA FACSIMILE NO. (970) 304-6498
Julie Chester, Planner
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
Re: Jim Bates
Case No. S-541
Our Client: Larimer& Weld Irrigation Company
Dear Julie:
On behalf of the ditch company, I reviewed the submission of July 26, 2000 concerning
the referenced matter.
We have looked at this project before and had some comments and concerns which were
addressed satisfactorily by the applicant. The ditch company has no further comment concerning
this project.
Yours very truly,
MAYO SOMMERMEYBR, P.C.
Mayo SoJnmermeyer
MS/hb
pc: Donn Engel
FORM NO C-L,tX)0 �,/
1
1 Colorado Region Form 342
AL.TA Owners Pnlir-y—Form B-1970 ir
1 Amnnde' 10-17 70
1
1
1 c
1
/
E
1
POLICY OF TITLE INSURANCE
1 1
ISSUED BY
/
TRANSAMERICA TITLE INSURANCE COMPANY
,
s
r.
, SUBJECT TO 1HE SCHEDULE O1 I.XCI.USIONS FROM COVERAGE. THE EXCEPTION:= CON-
I TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS '
/ +
i HEREOF TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the
l; Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
(4 the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses wh ch the
1, Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
, 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
,
is •
(f 2.Any defect in or lien or encumbrance on such title;
I, '
i 3. Lack of a right of access to and from the land;or
1
, 4 Unmarketability of such title.
`1
1
1 IN WITNESS WHEREOF, Transamerica Title Insurance Company har; caused this policy to be signed
I and sealed by its duly authorized officers as of Date of Policy shown ill Schedule A.
,
r
1 ,
f'
i
1 '
1 r
Transamerica Title Insurance Company
�J CJ K.,- C-Lth-
By am, ',re:Air i[r11
By //"`.4 -,C,A . 6). .,/k/l^..i g..-L ;ecr•ela,y
SCHEI LE OF EXCLUSIONS FROM CO . _RACE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance ) te-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the chat; cl( i,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separate-n in
ownership or a reduction in the dimensions or area of the land, or the effe( t of any violation of an) sot h law n, l
nance or governmental regulation
2. Rights of unainent domain or governmental rights of police power unless notice of the exercise of sun h rights alp tears
in the public records at Date of Policy
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed In I. • the
insured claimant: (b) not known to the Company and not shown by the public records but knov,'n to the ii oo'd
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insur(d by this , O1nv).
and net disclosed in writing by the insured claimant to the Company prior to the (late such insured 'lain-ant h Hi lc
111 whined) lit render (c) resulting in no hoz . or damage to the insured rl mutant: id) attaching ir r e ,rtsi - Ihr , -
igroo '{, !d td del I oils \i, o . (el is s1 liirid it, lied ei Won to, evil it'i1 to OuId I Ire. V I s It' II lillqi I I 'II' i ', ,
Ill' till.] II I., ' -::Toro^ Ian t t •stir" (' .II'.,li .Ile',' by Ill: p r1 d.'..
t ONI n IluON5 A!Ni) SHp1))1 ATR?NS
I. DEFINITION OF TERMS (61 The insured shall wady the Connors Pre.aqua,
The fatiosving terms when used in this polies mean: w lain}; (il in case any action or proceeding r' he gun or
reuse is interposed as set forth In (a) above (ii) in ca-e Nor
d ,I 'ioxlne' the insured named in S,-hcote A. and ecge hall cunt(' In an insured hereunder of any Ice a „f
1 - III. uthls Or 1 Ien'.er. th, Corey.. hale HI hit....st wheel i 'dyer to the fib(' to the esl I 'Nit
.0 un I Ili' ii+nted incur •d those who su,rud I. the interest as m used, and s tit h nu}hl eausa loss or dui rage he w'
or sat I, , .cared by operation of law s &shalt unshed front the (company ni n be liable his virtue of this I. the e r III
IMF(h s tic tutting, but not limited to, hew- dmstr,hut ees, title to the estat, nr interest as insured, Is ale. b d t-
desms,-. .. ,ur;I:ors personal regrew niauves. It, ht of ko.n, or in trketahle- If nil, h prompt nohte shall nut le gns n t„
nmg..]at, ,a fiduciary nieces-ion Company, then :IS to such insured all liabilay c f h ,
on 'imuod claimant' - an insured Hamlin] less or dam, shall cease and It primate in regard to the malt r , mail
ft t %vhmeh such pt guilt nonce is required. pen' idol. I
age hen.Heir it at failure to ne in' shall m nut case prejudlee t lo t
uy 'tip,\+I. dge-: actual knot Is l ,, nut «instructive st et insured unit,! this policy unless the Co nisi , .L.,!.
know Luigi' uI' tortit cchis may be imputed to un insnr,.d by PIeiudwed by vt, h failure and then only to Ili, xi, l'''
reason of ety public records st eh prejudice.
ni) - amt. :. the land described, spooltunny n by reference (c) The Corgi any shall have the right at t ev t eon
iI Scl rdul, A. :Ind tmprm-e'tent aft thereto which by law institute and t t aril undue delay proses it tint triton e
ennst7,toe real properly: provided. how,-ver, the I.nn "land" P"oeerdin or to Co any other act which in its ogle i, a lea ,
dot's not mutate any properly beyond the hots of the area necessary or d 1 able to establish the mile f t 1Pe em at,ate
spoil all' described or referred to in Schedule , nue any interest es i Mt
and the Company may l i i , h :y !
r I t mill Ina le silo estate or easement nil in al log sltth bs. p.-iate action uracur, I the terms of this poll,}'. whe l Lr of I
marl ,ern acs alleys. lanes. ways_ or cc illy cos hut nu(hrng it shall li liable (hereunder and shall not lm nil , nn
her: n- eh:.h modify or limit lb,' exlenl to WI)), h a right of it ihility or wane eons pen':i>ic,n of this pollen.
t 1 nn t tom the land is Unwed h, tilts dl s'- -
, r "Antigun:- mortbage, ,teed of trust. nos!sl deed, or (dl Where s,I the ( (unison shall have br'eu h ep I
(ll IIII s c .it I, tatRlmettl ,t' inti-rpoced ll dl Tense m- required or pernl-1 tea h Ili,
jilt records those records which na 'ay. irnpa rl s stony of tlu it trite. the Company ma. p u.n m:ts. ItIII
to fu Iet tmin r ion by a court :d (mu 'eat It consu uCl noiieo nil matters rlatin¢ to Halt ;n,{ diction and expo .-.is 1, s. ,s the rpht_ in il- l liked'
to appeal from a' s idverne ludement or d (de
2 CONTINUATION OF INSURANCE AFTER CONVEYANCE OF rs I , ,. sch«,n' .his paliep permit- ur r-Hrn
"'d' ( onntane to rem e umc e r I:mv idc foi the d'-fens, cr .es m, '
I , .0 I.III(' of thus polies shall vnlinu tnr as of , pity." ding inch--insut., het fleund r sl.oll set ll to
Date f I a fawn a um uicut d so lone m shah insured ( on1 any the tt I I to so eMe or pro al. 1 I u
I Ian s an ' mate or interest in the land. or his e ind,-bled- a lion or pro Iup. An m .,II .gspoals then-ir. .ma ;tai
gess sarl.r„I he a purchase_ money mat(gage gc en by a pur ( untpany to ❑s , al us opt:on, the name ni to h 'Or, :'.
elms. III('IIi such insured or sa long as su, It Insured shall s lch purpose- Sc h.-never requested by Ihi. ( ,nu .11% f
hne,- !Whin,' by reason of cot',newts of vr,r;,nly made by i-,sured shall giv, du' Contp;mv all reason.,b!.• :oil I :n
such rost :t :I u, ally Iran i (II come yon.l• Ill I-.11(II estate um fa nog nr prod ind intom stank men' ,'I
illcost. aa, sidol. however, this poles staid no ,unlindo in cPl hung scan ,tr I ruling or ,Ii-i'-so ii-•i; f. a
force Io fa-or of any purchaser froth ueh anon d of either t r proceeding ars1 the ( e n homy --bill rein his se r I in
s nil --If, . ' r interest or the indchledr,s:n o-, too' by a pur fur any ,-xpens, -o inclined
, I,,,. nto , t '.Agape ptv'-e ti, such ',IF' (I
4. NOTICE OF 1O55 — LIMITATION OF ACTICi 4
3- DEFENSE AND PROSECUTION OE ACTIONS - NOTICE OF In addll ion I„ On n,-Ir ,.c re.cltl eel ud, I I' I.v,h
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Co vto-' 0- and tit pu!.:I rolls, ❑ "al, lu r.
Ito • I Il mpan';. :11 s ,.ten (0.! ; 1.l v.it ,,ail multi, e f any loss or it enage hire. il is ;h iii,« I ti (
I la h.., la n file or thy looI, us n tie.; 1 II ell hi lg:I is liable under iI i-- poll«. i.-hl ge fwnuloo f u I thin,
non - on' - ring of action, or poet ed roll n-. r -d egalnst within Ou d ms . m t. I sit, I; loss or d nnage ',II Ill h I,
lei ;I, in n defer. -' u.ter;o-- dl ,..-.III t'd Ili :u. t -rtnln,-,I ;un' n .,l ioo h ill ;e II. Ii nu
II i , - tin euni r;,et ''nr e le f thy ., ur ,ntrresl I Ialnlanl WWI , 'L I,' n I ' u.11 dolour n- ,to sto us ,
.I , the ryt tea >u,a III,'.naafi h nd,'I upon' LIMP-bed I r m I , hn I cl; sI I,'In,^..I -i Id
a' ,I I' (I lien. , m:nnl;ian t ',CH.' Lee Insured ;hall letnunll eh ii,di n H the Lump;us en t, he l-
'I : , thin pokey s In w,h lo,c , 'Linn' '
altinw d on trout , f IL, I, t user
Continued from Back of (rout Cover
S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS lit deemed a payment by hunder this policy (osnd urur-dt II
oc
The Company shall have the option to pay Or otherwise
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
:tired against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A c m sK (a 1...v., or ri -e
the amount of insurance under this policy together with any p ((eta which are not used as a single it .u.l a h s is es, r
costs. attorneys' ices and expenses incurred up to the time Iv lied ;affecting one or more of said part Is hut not all. '
al such payment or tender of payment, by the insured claim- loss shall be computed and settled on a p'o ata I ors a- if
nit and authorized by the Company. tb amount of insurance under this policy is as In(ded 'o
r: Ca as to the value on Date of Polk y of each separate pan --I
;( the cchole. exclusive Of anv improvement,: u tide s.(bsem. at
6 DETERMINATION AND PAYMENT OF LOSS Dale of Polam, unless a liability or vita ha; alhcrv. ;e
tai The liability of the Company under this policy shall h , n agreed upon as to each such parcel by r ha Company II (d
in no case exceed the least of. tl e (inured at the tim t of the issuance n: his policy -i Id
(i1 the actual loss of the insured claimant. or shown lay an exp'ess statement herein or by in (n lorsen,' �t
- a'lached hereto.
iii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insured 1 I. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti
gation carried on by the Company for such insured, and all Whenever the Company shall have -e ttl,al a I dm ur, er
costs. attorneys' fees and expenses in litigation carried on by thus policy, all right of .subrogation shall v,sl n the Comp, v
such insured with the written authorization of the Company u s.aalllected by any he .ubrogr tr:da to and ct of hbee insured c
entitled to all tl n
rights andre-.
t-
ie) When liability has been detincely fixed in accordance dies; which such insured claimant would have had against ay
with the conditions of this policy, the loss or damage shall be person or property in respect to such rla m hail th s policy of
payable within 30 days thereafter- been issued. and if requested by the Compary sue h inst.:ea
c aimant shall transfer to the Company all rig' is anti reined es
7. LIMITATION OF LIABILITY against any person or property necessary in arder to pert ct
No claim shall arise or be maintained under this policy s ach right of subrogation and shall permit the Sampan; to
use the name of such insured claimant in an tr it sac tion or
(a) if the Company, after having received notice of an alleged I tigation involving such rights or remedies II th • payment
defect, then or encumbrance insured against hereunder, by does not cover th., loss of such insured claimu it, t'(e Comp: ny
litigation or otherwise, removes such defect, lien or encum- salt he subrogated to such rights and rm(e lies in the ,-o-
1 ranee or est ahlishes the title, as insured, within a reasonable r onion which said payment a ment hears to the (mount o saidk ss.
time after receipt of such notice. (b) in the even[ of litigation 1.2 ,loss should result. from any act of uch inu,r al dame.
until the'f• has been a final determination by it court of coin- such act shall net void this policy, but the C ompary, in rat
potent jurisdiction, and disposition of all appeals therefrom. (vent shall be required to pay only lbw part of any to-.es
rWverse to the title. as insured, as provided in paragraph 3 i avanat against hereunder which shall exceed Ih^ amount if
hereeaf; or (ci for liability voluntarily assumed by an insured ,-nv, lost to the Company by reason of the in:pai-n en( o' hr
in settling any claim or suit without prior written consent of right of subrogal on.
the Company.
12. LIABILITY LIMITED TO THIS POLICY
8. REDUCTION OF LIABILITY
This instrument together with all enclazat menu and GI ler
All payments under this policy except payments made for Iistrumems if any. attached hereto by the C toipans is 'he
costs, attorneys' fees and expenses. shall reduce the amount ni ire poi icy ar d contract between the I asut 'd tind 'tie
of the insurance pro Canto. No payment shall he made V.uthou, rnmpanv
producing this policy for endorsement of such payment unless C loss or dan(age vh,U a ( base ,m.
:11,`; Or'hp :,,,hcv h.. to t or dept(eyed in •.c u' h ca.'. 1e nuf u' ,.uh vin, cla Him II wa.',• cnr t!:ith NH,, inn Of rho I;.-., . ..e Ie
o -suet pen file v: h
f e t nh.al to tle ,-,,r,,, ,,III ed . ,
- t(i' , .T_I ..I Ir 1•I,d 10rs,y or O'.
'h, ( a•rIV".'('. ( I:.tin ; h,. r,:striet"I he fh ln o. (be .:.
and h,I clatiu '. et this noisy.
9. LIABILITY NONCUMULATIVE IVu nlnP ndr/a 'ni of or e'ndorsen(enl t II I, 1 n icy c i n„
nail- except by writing endorsed hereon or attached h-. ctea
:1 la expressly shallbe understood ro that the amount rut of taupe ranee except l
under this policy be reduced by any amount the Com- ,(good by either the President, a Vice Pre-:kb-it, the Secret .ry
pany may pay under policy insuring either (a) a mortgage in Assistant Secretary or validating otfie r cr mina)! fed
shown or referred to in Schedule B hereof which is a lien on :Ignatnry of the Company.
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall he deemed a payment under this All notices required to he given the Company and any
policy The Company shall have the option to apply to the pay- statement in willing required to he furnished the Con I any
ment of any such mortgages any amount that otherwise would shall he addressed to Transamerica Title Insurance Conn (ray
be payable hereunder to the insured owner of the estate or p O. Box 605, Denver, Colorado 80201
ir--- -- -- ---------- --- ---..=' . Ir - - - ---- - -- --
Transamerica Title Transamerica Title
1 Insurance Company r 1 Insurance Company
1
1 , 1 COLORADO DIVISION
1 HOME OFFICE ,1 • 1
1 pfHeadquarters
66]0 Amador Plaza Road 1 1800 Lawrence Street.De^:er
1 Dublin California 94568 i O�, / O
1 (415)829-21T � Jy •
1
1 • /
1 1 1 Arapahoe-Douglas Counties
1 r Title 1 2000 West Littleton Boulevard.bmewr
/ Arizona Division
1 34 West Monroe Street 1 1
Phoenix.Arizona 85003
4 • ` Iassurance
(6021262-0511 r 1 Denver-Atlams Counties
1 • 1 1800 Lawrence Street.Denver
/ 4 1
1
1 Northern California Division 1
6670 Amado;Plaza 568 Issued by , Boulder County
1 Dublin.5182 2794588 11 1 tat'spruce Street.Soutom
1 14151829-2]11 1
4 1
1 •
1 •
1 Transamerica Title ogleee CO./it)
Southern California Division , 1 d53 3c .rontaa=�-BI wee; ,,
801 Civic Center Drive West t� 1
Santa g14, 54l7577921°' I Insurance Company 1 '
1 :],41 54)-5]J] 1, 1
1 1 El Paso County
1 • 1I 1 415 South Weber Street.Coloraa^_Spt^gs
4
4 Colorado Division Ti 1 •
/ 1800 Lawrence Street 1
1 •
Denver.Colorado 802C2 r 1 Jefferson County
1 (303)291-4800 1675 Carr Street.Lakewood
1 'I I
r
•
Eastern Agency Division 1 Lorimer County
1 90 East Halsey Road pi 1 151 West Mountain Avenue.Fon Collins
For
Parsippany.New Jersey 07054
1
1 f201)515-0050 r 1 •
1
1 H
14 Pueblo County
t
Midwest Division +4 1
33762 Schoolcratt Roac 1 •
Livonia.Michigan 48150 r 1
1 1313)425-2500 �� Routt-Jackson Counties
4 11 1 507 Lincoln Street Steambcat Sony-
1 •
4 74
1 Southwest Agency Division
1 12160 Abrams Road I) 4 Weld County
1 Dallas.Texas 75243 I 1 315 It ntri Street ..ee,e.
'.2141234-3866 r1 4
1
• 1
1 1 AGENTS THROUGHOUT COLORADO
Northwest Division
I►' _ I,4I 1
a earte wasnmyto _ 1I 206)628 46E-
(Lj�
Transamerica
- -- -- --- ^ - - - Title Insurance Services \
FORM NO 0-5000-1
FOR LISE WITH COLORADO REGION AMERICAN L AND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 A MENDr ' J 70
tiEli EDIfLE A
R1Inv No 8021352
Amount of Insurance$ :37 , 350 . 00 Irder No
Date of Policy T,I. n 1 = 92.7 sheet I of r)
1- 1 .,:m III' In,urt:d:
HANES HOWARD I'J' I S .tnc '3(ird" il: LEL' PATES
2. I the estate or interest in the land de-eribed herein and which is Coven d by this policy is:
18: FEE SIMPLE
'The e,rate or interest referred to bpi, is at Date of Policy vested in
LAMES HOWARD HATES and BONNIE LEE 3ATES ,
if point tenancy
FORM NC) C 6000.2_
FOR USE WITH COLORADO RF,.ION AMERICAN AND TITLE ASSOCIAl1ON LOAN POI IF. 1970 AMI NDEII
FOR USE WITH COLORADO REGION AMERICAN I AND TITLE ASSOCIATION OWNER'S POLICY rOPM U 1970 AMC II) I:' 'Iii
8024 352
Sheet 2 of 5
S 1: II F D 1' I, 1': A— Continued
1h, land 'Alta-red In in ibis Hit). i din:tied in the Stab of Colorado, County III
f�ICld , and i; dr.eriLrd 1' 10110V.:-.-
1- Parcel ., t e in _
I ...,. I : _ aJI(..)" u6
'.11 iC11': gal I - 1 '),1 . at, t '.> I I .. .
,i iCe1-1 ) .. ! t .,.1Hi hi, =aric. , ,
,
and -,pith all nth; r bearings contained here . rc la , i •, . ,
COMMENCING at the East 1a Corner of said Section 3
thence N 00°0u ' 0C " E , a distance of 546 . 29 feet to thn_
P )1N'1' OS PEC,INN ING
thence N nd050h !ni ' N, a distance of ;03 . 66 feet;
thence N 43°51; ' 40 " N, a distance of 102 . 89 feet;
thence N 31°2o ' 0G " N, a distance of 107 . 07 feet ;
thence N 15020104 " N , a distance of 101 . 47 feet ;
thence N 56042104 " N, a distance of 984 . 31 feet;
thence S 013'114E " N, a distance of 18 . 0 feat ;
thence N 39` 24 ' 14 " N, a distance of 28 . 10 feet ;
thence N 700351460 E , a distance of 18 . 0 feat ;
thence N 41055151 " N, a distance of 811 . 77 feet ;
thence a11.nq the North line of said Northeast '-a , N 85 ' _ ' t , a
d i stance of 3 e57 . 95 feet to the Northeast ,' )rner if 501.6 ;, rti ( n ,
thence along the East Line of said Northeast a , S t0° l0 ' `) N , a
distances 01- 2 . 10 . 70 feet to the TRUE POINT all BEGINNING .
FORM NO. C-6000-3B
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970 (AMENDED I0 7 701
8024352
sheet 3 of
HCHF, DI LF 13
Phis I'eliey does not In>1111' 1 ;IIl -1 he- or II:image be reason of the follow inc:
I. Ili 'III, or claim, or p rlrIo--- m p,l- n n„I -1111,.11 In III' Auld , n d,.
claim. , Ica" uv „I< II-P, -1„>,,r1 to
1. Ill-. n 1:11II I' S_ conflict- In I III&i nI ;r.( la,II,lge in ;tn a, , net11 ha,. and :un fa(t, wh ,II t I( I
reel -LOA l v and inspection „f the pr, rude, "geld dbellH:and ,which an. 11111 shown be the publi- Il...ura-
1. Any lien,Or right to a lien,for',VIA ire -, labor, or material heretofore or hereafter furnished, inipo, •d L,
law and not shorn be the public re; ord..
i. .._axes due and payable: :unl ate lac_ spel ial assessment:, e1111 ge- 11r -aril imposed for water a I
service, or for any other lid( i nl tninlg district. The 1926 General taxes pal d ,
cnrding to tax receipt dated April 2 , 1987 .
'3lghts of way for county roads 30 feet wide on each side of se_ ion
and township lines , as established by order of the Board of Costty
Commissioners for Weld County , recorded October 14 , 1889 in BOOK he
at Page 273 .
7 . Right of way 100 feet wide , being 75 feet blow and 25 feet abode center
line of the Larimer and Weld Irrigation Ccrpany ' s Canal , as reserve.
by The Colorado Mortgage and Investment Company of London , Ltd. in no
Deed to Edwin S. Nettleton , recorded January 22 , 1895 in Po_k 121 a
Page 22 , in which the specific location of said right of wa‘, is not
defined.
8 • P.ight of way for the construction a: ;:laintonance of the fort
Drain and Irrigation Intch , and all of the creepage water L, reaftier
percolate from the lard, traversed by said 3itch and to argue•^- 1ate
1 row therein , as Lrra:; F. to Albert E . Mont O2mery by Fred I1. Vr
Deed and Agreemen!- r(- n1-de, Frbrua:ry 1. 5 , ? i 0 in Book 314 at ,
n which the spec; fir location of said ril: -1s of way is net du
; tsCsment and rig-11. W(,y 1111 t_he 1-UI 'S,- hay] ne , nsonsn : I .
maintaining , oper =.ti . _r<: repairing , reciacina and removing 1:- ; cb r.es for
the transportation of oil , gas , or any other liquids or s ,tstar._es
as granted to Colorado Interstate Gas Company by Edith BrI1) t , Rir:
of Way Agreement re-COldr,d July 11 , 1955 in Book 1423 at P 'Ice
which the spec-ifi . location of said easement is not defin :c
,1asement and right of way to construct pi Ind lines , and 'n 1) c,, c ,
operate , renai r , nnaii: ain , relocate and nl ice t-hereon , a wntc �
transmission Or ci :;t .Lotion line r-r _ stcm , as -is anted
bold County Nat c ! ct by Edith Browr, _ Right of Wv !'ns ,
1 c .
ecorded :ramp]. l . :-i , - 3r,4 rn Book 50n ar 'cent 'i,-nn po. 1 r ,
.Il (Pct 1101 the- ! - „ descriheel pr CHoit -, .
1, 10 toot c'ancru , ter- cc1)1O11111.:, ct ( whi - r is metre 1,31t .
,describer' as f:(1 ln„r. :
FORM NO C-6OOO 3C
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10 17 •O,
FOR IJSE WITH COLORADO REC ION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0 1970 I AMENOEJ IC 11701
8024352
Sheet 4 of 5
SCiIED1 L1? B- Continued
Exception No . 10 Continued . . .
Commencing at the East Quarter Corner of Section 33 , Townsh ; tr 7
North , Range 66 West of the 6th P .M. , thence North alone the RaFt
Section line c f seid Se ct i rm 33 a distance of 430 f e' ,
en.- , thence „, _ n -e of 40 f t to Pont of i
' tpuuo 5-)r . }, - . . I , . T:a.. a I . . to c',, Ea: Sec' ior. 1 . ( - ttid
Section 33 , (i�: _-n ,50 feet , .oreor loss , except ti,. ru ; -
tion within the Right--or -Way of the ,arimer and Weld Carat .
An undivided 1 /3 interest in and to the oil , gas , minerals - nd
mineral rights as reserved by Sandra Brown Lustig in the Pee (' tr
Zolman E . Brown , Individually , and toe Zolman E. Brown , as - esta-
mentary Trustee under that certain Testamentary Trust e_t_ab : ishec:
under the terms and provisions of the Last Will and Testamen t of
Edith Brown , Deceased , for the benefit of Herschel Browr , •. _ e bene-
ficiary thereof , recorded September 11 , 1978 En Book 844 hs 1-('cc1 --
tion No . 1766155 , and any intrests therein or rights thereuder .
1-2 • Undivided 1/6 giantcrs interest in all oil , gas and other minera -
rights , as reserved by Melvin Dinner as Successor Testaroddints
Trustee under the terms and provisions of the Testament ar& ' rust
established under the Last Will and Testament of Edith Prow. , De-
ceased , for the benefit of Herschel 3-own as beneficiary th( rent ,
in the Deed to Moody Land & Auction 7o . , a Colorado Corrora ion ,
recorded May 27 , 1983 in Book 997 as Reception No. 1922423 , and amv
and all rights and interest thereunder.
L3 . Undivided 1/6 grantors interest in all oil , gas and other re nerai
rights , . as reserved by Susy Grazi , ffrmerly Susy Brown , a:* 'a Suzy
Grazi , formerly Suzy Brown , as Persocal Representative of Le 1',state
of Zolman E . Brown , Deceased , in the Deed to Moody Land & 71: rio
Co. , a Colorado Corporation , recorded May 27 , 1983 in Pent' 'Iri-1 c..
Reception No . 1928424 , and any and all rights and interest - hereunde _
14 . Easement and rioht of way for pipeline purposes , as oranteId to
Associated Natural Gas Inc . , a Colorado Corporation by Mood '
Land and Auction Co . , Melvin Dinner-Successor Testamentary Trustee ,
Suzy Gras i -7 . P . of estate Zolman Brown , deceased, in tte its- ru-
nent recorded June 3 , 1923 in Book 998 as Reception Nc . , 42 .
affecting the feIic-wing described property :
The Right--of-Ya•, herein granted shall be 35 feet in ei (li l: :r:;
_7 . 5 loot on either side of the centerline , said centerEric- 1 'ir-
47 . 5 feet South of the center of Weld County Road 75 , aid I s-
lan(-e of 2(140 feet .:(1730: !:, the al-ore icsclibed tract .
FORM NO. C.6OOO-3C
FCIR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POE ICY 1970 'AMENDED ICI I , 7C
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-I G7O 'AMENDED '0 17.7C
8024352
Sheet 5 of 5
SCHEDULE B--Continued
15 . An undivided 4 . 1667 percent ( 1/24th) of all oil , gas and other
minerals , as conveyed by J . Gale Moody to Craig D. Harrison and
Christina S . Harrison , by Mineral Deed dated July 24 , 1984 , and
recorded July 26 , ] 984 in Book 1038 as Pecer,-ion No . 19753( 1 - cad
an; interests there n id i lebtn therearlrie> .
16 . An utialvidtd I (' i3 ' ten - ( . / 1ll. I ) uf 311 Ro . , itac . :<' Otl1_ . f ..
as conveyed to Dar , Caldwell , DV J . Gal - Moody , br Mi :.t -_,
Deed dated August s3 , _ 984 , and recorded Auoust 21 , 1984 is BOO
1040 as Reception No . 1978481 , and any interests therein or -iclts
thereunder.
17 . Eaton Ditch, and any ant: all rights of way therefore , as evicerced
an Geological Survey ui the subject property .
NOTE : The following notices pursuant to CRS 9-1 . 5-103 concerni rl
underground focillties have been filed with the C1e arc
Recorder . rnese statements are general and do not ne( E ari
give notice of ucdoruround facilities within the sul - oct
property :
(A) Mountain PI 7 - lephone Compare•. -ecorded nctob' I °t
in Book 949 as 0I- cention No . 1870705
(B) Associated Natural flan , Inc . , reiorded 1us 20 ,
Book 1037 as Reception No . 1974210
((7) Colo;adu I I ; lst ,Ite Cas L( JO III ' C'ceid °3 ;aIIUs ' ,, ' , tic
in Book 104 i at icoebt ice No . ht797t14
7)
PUBLIC SERVICE
COMPANY OF COLORADO
A NEW CENTURY ENERGIES COMPANY
Greeley Operations
1500 6th Avenue
Greeley, Colorado 80631
Telephone 970.395.1240
Facsimile 970.395 224
April 24, 2000
Mr. Jim Bates
36961 WCR-31
Eaton, CO 80615
Dear Mr. Bates;
This is to confirm the Public Service Company is the electrical provider for the area of
your proposed subdivision 'Coalbank Crest' and does have sufficient capacity to serve
that development.
Sincerely,
//
Larry E. Homan
Planner
PSCo
970-395-1238
LI IESI"
kite's better here O
USWEST
124 W. Magnolia
Fort Collins, CO. 80524
March 21,2000
Subject: Telephone facilities to planned /proposed development
Coalbank Crest Subdivision
Attn: Jim Bates _
US WEST will provide service to your planned / proposed development, Coalbank ('re-rt.
Suhivision. Provisioning the service will be in accordance with tariffs on file at the
Colorado Public Iitilities Commission. I will need a final plat with measurements,
easements. addresses,your phasing plan, and a trench plan before I can have this
engineered. If there are any further questions. or if l can provide any assistance plc .-
contact me on 97t L377-6406.
Sincerely,
(a4,
Carole A. Veysey
Lan," Development Fnuinettr
To: Julie Chester June 26, 2000
Department of Planning Services
1555 North 17TH Avenue
Greeley, CO 80631
From: Jim Bates
36961 WCR 31
Eaton, Co 80615
Subject: Coalbank Crest Subdivision Final Plan Statements
The estimated cost to complete the project is $104,000.00. This entire amount is
identified in the improvements agreement. There should be no costs outside o'
the improvements agreement.
The USES within the Coalbank Crest Subdivision will be residential.
All of the applicable ordinances and requirements have been followed. The
Change of Zone was approved with conditions and all of those conditions have
been met. A specific development guide was submitted and will be followed. An
engineer will be hired to assure the construction will be done according to the
plan. In addition, the Weld County Planning Department will be able to inspect
the construction and confirm it has been done according to the plan.
May 19, 2000
To: Julie Chester
Weld County Planning Department
1400 17TH Av
Greeley, CO 80631
From: Jim Bates
36961 WCR 31
Eaton, CO 80615
Subject: Internal Road Name
Our proposed subdivision, Coalbank Crest, will have an internal road named
Coalbank Road. The postmaster at the Eaton Post Office will not write a letter
confirming there are no other streets or roads in the Eaton Post Office District
with the same name. We have talked to mail delivery personnel, we have
checked area maps and we have driven throughout the district and we are
certain that the name Coalbank Road is unique and does not already exist in the
district.
943/Ask
REFERRAL LIST
NAME: Jim Bates CASE NUMBER: S-541
REFERRALS SENT: July 26, 2000 REFERRALS TO BE RECEIVED BY: August 16, 200C
COUNTY TOWNS and CITIES
_X Attorney Ault
_X Health Department __Brighton
_ [:xtension Service _ Broomfield
[Emergency Management Office __Dacono
Sheriffs Office _X_Eaton
_X Public Works Erie
_Housing Authority __Evans
_X Assessor Office __Firestone
_X Building Inspection _ Fort Lupton
Code Enforcement __Frederick
STATE Garden City
_ Division of Water Resources Gilcrest
_ Geological Survey _ Greeley
Department of Health _ Grover
Department of Transportation _ Hudson
Historical Society _ Johnstown
_ Water Conservation Board _ Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
_ Loveland Lochbuie
X_Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 _ New Raymer
_ Berthoud F-2 _ Northglenn
__E3riggsdale F-24 _ Nunn
_ Brighton F-3 _ Pierce
_XEaton F-4 Platteville
__Fort Lupton F-5 _X_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 _ 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 Commissioi
_ Wiggins F-18
IJnion Colony F-20 SOIL CONSERVATION DISTRICTS
_ Brighton
OTHER Fort Collins
X_School District RE-2 _X Greeley
_X_Eaton Ditch Company _ Longmont
West Adams
COMMISSION/BOARD MEMBER
LiiTh
Weld County Referral iites C. July 26, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan -Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Ccmments:
Signature Date
Agency
4V✓eld County Planning Dept. 4.1555 N. 17th Ave.Greeley,CO.80631 +(970)353-61011 ext.3540 :•(970)304-6498 fax
DEPARTMENT OF PLANNING SERVICES
4 PHONE (970) 353-6100, EXT.350
97T
FAX 304-64q8
E
1555 1 1TH AVENI E
GREELEY, COLORADO 806111
C.
COLORADO
July 26, 2000
Jim Bates
36961 WCR 31
Eaton, CO 80615
Subject: S-541- Request for approval of a Planned Unit Development Final Plan - AdminiE.trative
Review on a parcel of land described as Lot B of AmRE-2279, Part of the NE4 of Section 33,
Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Bates:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Comrnitlee for
Thursday, August 24, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning
Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lyinc. 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 Eaton and Severance Planning Commissions for their review and comments.
Please call the Town of Eaton at 454-3338 and the Town of Severance at 970-686-1218, for information
regarding the date, time and place of these meetings and the review process. It is recommended that you
and/or a representative be in attendance at each of the meetings described above in order to answer any
questions that might arise with respect to your application.
If you have any questions concerning this matter, please feel.free to call me.
Sincerel , , . ,
// /
Juliethester
Planner
ii4nekt County Planning p
D ,
.f tik
'1,c,11 n Referral
Weld County
O July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541 —_
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan -Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31, south of WCR 76 _
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommends ion you
consider relevant to this request would be appreciated. Please reply by the above listed date so that ,ve 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 qi_est ons
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
lea( We have reviewed the request and find no conflicts with our interests.
G See attached letter.
Comments:
Signatufe r �� Date 257/7�n ---
Agency TOWN OF EATON
Qsfirst Street
{•Meld County Planning Dept. 41 . i7Wan1e1e9; .80631 +(970)353-6100 ext.3540 4i(970)304-6498 fa<
OWi'07/20110 16: 44 37/13510392 USDA SERVICE CENTER F4iE •
LO13 cr('ta ld County Referral We
July 26, 2000
• • •
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan -Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Rarge 36
West of the 6th P.M., Weld County. Colorado.
Location West of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
Zi We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
1;11/We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
•
Signature Date
Agency - 'Ll.`s c-,--e-,,re-c)
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.meat 4(970)353-6100 ext.3540 4(970)304-6495 f x
Weld C:ot:', 4
4 it
viRMEMORANDUM
(}
TO: Julie Chester, Lead Planner DILL 8, 2600
FROM: Diane Houghtaling P.E., Traffic Engineer )f 1 3-
C SUBJECT: S-541; Coalbank Crest Subdivision
COLORADO
The Weld County Public Works Department has reviewed this PUD Final plan request.
COMMENTS:
Internal Roadways: The radius for the cul-de-sac right-of-way is 65 fee:. The final roadway coast-uct.cn
plans were not in my package. Per section 7.2.9.2, subdivision roadway plans are to accompany die fiq_:l
plat submittal.
RECOMMENDATION: Approval
DEVELOPMENT CONDITIONS (If Approved):
• Construction drawing for the roadways shall be submitted to the Department of Public `/Vcrks for
review and acceptance.
• The cul-de-sac right-of-way radius be increase to 65 feet
If you have any questions, please call.
P.C. S-541
m:\wpFILES\diane\DElVELOPMENT\S-541.wpd
RECEIVED
ft 0
.1U1. 3 2001:iir PUHLIC�U�`i NTY
WQRh6 D�u7
Weld County Referral
O July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim BainCase Number �rl `"
Please Reply By Aug E4 Planner Julio Caster je
ProjectPlanned Unit Development Final Plan -Administrative ReviewLegalLot B of AmRE-2279, Part of the NE4. of Section 33, Township 7 No th. RanWest of the 6th P.M., Weld County. Colorado.LocationWest of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommendatior 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 he
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicab,e) --_
❑ 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 Date
Agency
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 806:.1 +(970)353-6100 ext.3540 +(970)304-64fl8 fax
O Weid County H . nning,n Ceps.
1.-
If
allIPIR n i r a Weld County Referral
O July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541 �
Please Reply By August 16, 2000 Planner Julie Chester I
i
Project Planned Unit Development Final Ran -Administrative Review I
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
CI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
S We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments: ---
-1
7r
Signature La- A ,Li_ caltu.L utL.. Date Sil (-1--i-Z,r (-C.
Agency t (:-w-).1 c j 5et,.i ile
•:•Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 •?(970)304-6498 fax
Aug- 14-00 02 :07P Lyn' Fagerrberg 97 `-834- 1434 P 03
fe(1\ 44.46 Weld County Referral
lO July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan - Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31,south of WCR 76 _
Parcel Number 0707 33 000040 I
The application is submitted to you for review and recommendation, Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) __
❑ We have reviewed the request and find that it does i does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature Y444ZJ A, tj 6 fri en. Date %by/ 2_env
Agency g-Gt) ;„ Fire pi-Ot• &4 1
+weld County Planning Debt. +1555N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fnr
wilatilai.'
Weld County Referral
—
C. July 26, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester i
ProjectPlanned UnitDevelopment Final Plan -Administrative Review LegalLot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, RanWest of the 6th P.M., Weld County. Colorado.LocationWest of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
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 ques:ions
regarding the application, please call the Planner associated with the request.
VVeld County Planning Commission Hearing (if applicable)
❑ ,We have reviewed the request and find that it does/does not comply with our Comprehensive Pan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. ' t / �/
Comments: 101/26 Nv 042 P6 �/ free r3'v/frsIvc
7
Signature iterk' Date J1ae lAgency �
4Weld County Planning Dept. ••x1555 N. 17th Ave. Greeley, CO. 80651 •:•(970)353-6100 ext.3540 +(970)304-6495 tax
REELEY
G 4GAS
COMPANY
Chris McDermot
1201) 11°3 Av_nw:
PO lox 1200
(kooks,.CO 811132-1200
July L.I, 2000
Jim Bates
36961 WCR 31
Eaton, CO 80615
RE: Greeley Gas Company plans to install a Natural Gas Main Extension to Coalbank Crest Subdivision
Jim Bates:
Greeley Gas Company will be able to serve natural gas to the proposed/planned Coalbank Crest Subdivision
by extending a natural gas main extension. The main extension design has been completed to provide the
natural gas utility infrastructure to 5 lots. Greeley Gas Company expects to install a main extension to make
adequate natural gas services available. A main extension contract will have to be signed and the deposit
will have to be paid prior to the main extension installation.
At the time of installation, the utility easements for this main extension should be to final grade and allow
• clear access to the easements. Property pins should be visible and clearly marked. All sleeves for crossing
should be installed prior to the main extension installation as per drawings and specifications provided by
Greeley Gas Company.
• This main extension installation will need to follow the installation policy and procedures, and other
applicable terms and conditions of service subject to the regulatory and pipeline safety oversight of the
CPUC -Public Utilities Commission of the State of Colorado.
If you have any questions, please telephone Chris McDermott at 970-304-2080.
Sincerely,
Chris McDermott
Sales Representative
Greeley Gas Company
Aug- 15-OO 1O : O9A Town of' Severance 97O-686-625() P . J2
Weld County Referral
O July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan - Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
0 We have reviewed the request and find no conflicts with our interests.
J See attached letter.
Comments:
Signature Date j CT 17 0( 0
Agency T7,-t(1Ni
4Weld County Planning Dept. 41555 N. 171h Ave. Greeley. CO. 80631 4(970)353-6100 ext.3540 4(970)304-64913 faK
2-00: 7:5DAM:F.cc :'454 .1 a..
AUG 7-1 20141
i ; lr"�
Weld County Referral
O July 26, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-541
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan -Administrative Review
Legal Lot B of AmRE-2279, Pad of the NE4 of Section 33, Township 7 North, Range 66
West of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 31, south of WCR 76
Parcel Number 0707 33 000040
1
The application is submitted to you for review and recommendation. Any comments or recommends ion you
consider relevant to this request would be appreciated. Please reply by the above listed date so that me may
give full consideration to your recommendation. Any response not received before or on this date may ue
deemed to be a positive response to the Department of Planning Services If you have any further qt estons
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
X See attached letter.
Comments:
Signature "R lAk. __ l(,t]t,JE1S stnv,cts p,/j Date ®'a\cc
Agency E h-ro j S vroo‘. tit T'eA<--r , c--a-
•:-weld County Planning Dept. :-1555 N. 17th Ave. Greeley, CO.80631 ''(970)353-6100 ext.3540 4(970)304-6498 fa>
ld County Reorganized School District RE-2
Eater, Colorado
Cash Amount in Lieu of Land Dedication
Applicant „r',- Jitn&Bgnnie Bates ��,, a
School District Planning Standards
(1) (2) (3) (4)
Student Yields School Enrollment Capacities Site Acreage Reggi iremeruts Acre Yield Per Student
Elementary School 0.29 Per Dwelling Unit 500 Students 10 Acres 0.020
Middle School 0.15 Per Dwelling Unit 700 Students 25 Acres 0.036
High School 0.23 Per Dwelling Unit 900 Students 45 Acres 0.050
(3/2)
Developed Land ValUa {;_: :23 (6)
Per Acre
Calculation
(5)
Land Per Unit Cash Per Unit
Elementary School 0.0058 S 136
Middle School 0.0054 S 126
High School 0.0115 S 270
'�•?• 0 0227 S 531
(1x4) (5x6)
r of Units in Development 5
6.19/00 cash in lieu calculation bates.xls
+. -00: 7:SCAM;ESD -
JUN 21 2000
EATON SCHOOL DISTRICT RE-2
John J. Nuspl 200 Park Avenue
Superintendent
Eaton, Colorado 80t 15
(970) 454-3402
(970)454-5193 Fax
June 19, 2000
Mr. Jim Bates
36961 WCR 31
Eaton, CO 80615
Dear Mr. Bates:
This letter is to confirm our understanding as to how your planned unit
development will affect the Eaton School District Re-2. As per our response to
the Weld County Planning Department, the District has established a formula to
calculate a land or cash amount in lieu of land dedication to be paid to the
District.
The amount due for this development is $2,655.00 or $531.00 per lot as shown in
the attached calculation. The amount will need to be remitted to the District
within one week of the date each lot is sold.
If you are in agreement please sign in the space provided below and return a
copy to me. Thank you for your cooperation in this and please let me know if you
have any questions.
Sincerely,
Timothy Unrein
Business Services Director
Enc.
Acknowledgement:
I agree to the terms and amounts referred to above.
ari
Name Date
D:\My Documents\Weld cnty bates letterdoc
GREELEY
GAS
COMPANY
Chris McDemo1.
1200 11th Avenue
PO Box 1200
GB ely.CI) 80632-1200
July 21, 2000
Jim 13ates
36961 WCR 31
Eaton, CO 80615
RE: Greeley Gas Company plans to install a Natural Gas Main Extension to Coalbank Crest Subdivision
Jim Bates:
Greeley Gas Company will be able to serve natural gas to the proposed/planned Coalbank Crest Subdivision
by extending a natural gas main extension. The main extension design has been completed to provide the
natural gas utility infrastructure to 5 lots. Greeley Gas Company expects to install a main extension to make
adequate natural gas services available. A main extension contract will have to be signed and the deposit
will have to be paid prior to the main extension installation.
ci At the time of installation,the utility easements for this main extension should be to final grade and allow
g clear access to the easements. Property pins should be visible and clearly marked. All sleeves for crossing
n should be installed prior to the main extension installation as per drawings and specifications provided by
r Greeley Gas Company.
HThis main extension installation will need to follow the installation policy and procedures, and other
°o applicable terms and conditions of service subject to the regulatory and pipeline safety oversight of the
ii: CPU(' -Public Utilities Commission of the State of Colorado.
L7 If you have any questions, please telephone Chris McDermott at 970-304-2080.
0
Sincerely ,
7_, v
Lr. Chris McDermott
_= Sales Representative
Greeley Gas Company
.,
a.
.i
a
IRRIGATION WATER OPTION AGREEMENT
THIS IRRIGATION WATER OPTION AGREEMENT is made and entered into this __
day of , 2000 by and between Jim Bates (hereinafter referred to as the "Grantor"), and
the Coalbank Crest Homeowners Association (hereinafter referred to as the "Grantee")
BACKGROUND OF AGREEMENT
The following background statements are made to aid in the understanding and interpretation
of this Agreement.
A. Grantor is the owner of one share in the Larimer& Weld Irrigation Company.
13. By virtue of the ownership of one share of Larimer&Weld Irrigation Company, Grantor is
entitled to the delivery of certain water to a point that is mutually accessible to both Grantor
and Grantee.
C. During the early Spring, Grantor is entitled to the use of river water. This water is available
for the cost of a daily processing fee and the cost of electricity for pumping the water from
the irrigation company's ditch.
D. After river water is no longer available, Grantor is entitled to rent reservoir water. The
irrigation company charges a per day charge for the rented water plus a daily processing fee.
E. Grantor has subdivided a portion of Grantor's property,which is now known as the Coalbank
Crest PUD.
F. Grantor and Grantee wish to set forth an agreement whereby Grantee, as the homeowners
association for the Coalbank Crest PUD, a common interest community, will be entitled to
receive and use certain water under the Grantor's rights identified above.
AGREEMENT
NOW, THEREFORE, in consideration of the premises, respective covenants, and
commitments of Grantor and Grantee set forth herein„ and other good and valuable consideration,
receipt and adequacy of which are hereby acknowledged, Grantor and Grantee agree as follows
1. Purchase/Sell. Grantor agrees to sell, and Grantee can choose to purchase, certain water
identified by Grantee each year and which Grantor is entitled to receive under the above
described ditch right identified as one share of Larimer& Weld Irrigation Company.
2. Delivery. The water identified by Grantee each year shall be in addition to water G antor is
otherwise entitled to receive during the early Spring, which is described as river water and
which is provided to Grantor free of cost except for the electricity and pumping costs. All
water provided under this Agreement shall be provided to the existing electric: irrigation
pump, located within the ditch for the Larimer& Weld Irrigation Company.
3. Price. During the time Grantor is entitled to receive river water, Grantee shall only he
obligated to pay the actual electric and pump maintenance cost associated with the water
requested by Grantee. Electricity will be billed to Grantee within 30 days after Grantor
receives said bill for electricity use. Any pump maintenance costs will be shared equally
between Grantor and Grantee. After the river water is no longer available, Grantee shall pay
to Grantor a per day water cost in the same amount as Grantor is charged by the Larimer&
Weld Irrigation Company. This per day water cost shall be in addition to the electric utility
consumption costs as well as pump maintenance costs.
4. Exercise of Option. Each year on or before the 1' day of April, Grantee shall identify in
writing for Grantor the number of days during the following irrigation season that Grantee
would like to receive water. Grantor shall then add that amount of water usage to the amount
the Grantor intends to use and place an order with the Larimer& Weld Irrigation Company
for the following irrigation season. If Grantor does not receive a written statement from
Grantee identifying the amount of water Grantee wishes to receive during the following
irrigation season, Grantor shall be entitled to place Grantor's order with Larimer &: Weld
Irrigation Company without considering any water usage by Grantee and Grantee shall not
be entitled to any water delivery during the following irrigation season.
5. Weekly Schedule. Grantor shall be entitled to irrigate on Sunday, Monday, Tuesday and
Wednesday of each week. Grantee shall be entitled to irrigate on Thursday, Friday and
Saturday of each week
6. Covenant running with the land. This Agreement shall constitute a covenant running with the
land and shall be binding upon the party's successors and assigns. This Agreement is for the
benefit of the land described as the Coalbank Crest PUD as reflected on the plat or map
thereof recorded in the real property records for Weld County, Colorado. This Agreement
shall constitute a burden to and shall be appurtenant to that land described on Exhibit A
attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year
first written above.
GRANTOR GRANTEE
Coalbank Crest Homeowners Associa::ion
Jim Bates By: Jim Bates, President
S:W p90U\Bales\Documents\0ngalon.ag0.wpd
July 10,2000(10'14AM) G
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
Z-531 -Jim & Bonnie Bates/Coalbank Crest
Catherine Telarico
P.O. Box 249
Eaton, CO 80615-0249
Wesley & Donna Hollister
36501 WCR 31
Eaton, CO 80615
City of Thornton
9500 Civic Center Dr.
Thornton, CO 80229
Gayle Rossman
36624 WCR 31
Eaton, CO 80615
ADK Inc A Nevada Corp
2533 N Carson, Suite 301
Carson City, NV 89706
Barry Don anerson
16124 WCR 74
Ea:on, CO 80615
TAMCO Inc.
1632 36th Ave Ct.
Greeley, CO 80634
Frizzell Oil Company
10 Edgehill
Joshua, TX 76058
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners
and lessees of minerals in accordance with the notification requirements of Weld County in Case Number
in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached Hs':this
6th day of August, 1999.
Oftian
Jennifer hring
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Subject Property I GALAAlt'K CI 2-C9 Si)$i) /CIL
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of tt e
names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of tt e
owners cf property (the surface estate)within 500 feet of the property being considered. This list was compiled from tt e
records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The li≥t
compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submissic n
date.
(1llrf- r)
Signs e
i/' 9
Date
11
Account N Owner Name/Add - Mine? lI''"rw°7 I Blk/L°ti Condo? I_ ,ile�Sales?
R0064688 TELARICO CATHERINE G L: {� ^' ��Z�� Legal Description
fear District ICI EATON CO 80615-0249 II 9 p PT E2NE4 33.7-66 LOT A REC EXEMPT
1999 0226 .RE-1011(.33R)
Apr Dist St
A j
Parcel Number — MH%pace Sequence _ _
070733000041
Lot ;,p,;a 1 0 O} „ Acct Type Lagt I,ICk' tt.1i. t a ' -;
: h- ,'r.(w� a ' ys,°- Agricultural ir �[:, �;�..et„I ^� ST [aF�l. --a
BACode Owner Id Owner Location Map No __ t¢L.
2022 I. I�,. L^ e'rv. [„11.7°.,.er 1`-.-.:•'1
Business Name
Exempt Actuaua l, Exe, • ftgees ...; N ew4Ve[s on,,,t:_ :ir:
sw ,o ' , e'" "v' '-U`i. 19990719000 ' S
Name Tax Items Total Actual Total Assess
Protest (T) 164,595 17,510
Sdus Pre/Suc Mobile Aut Personal(P
Mobile I I Remarks Value Oil and Gas $
a- ""
Tract I Tax Sale Current Year Prior Version I Go To Imaging
Condo Spec As Railroads -_. _ _— _—_ X4''
Prior Year Ne(x)t Version Abatement c
Block Mines Control - -- -- " _—
I Next Year Clerk's Doc s Il Property Card
Sales , Sibling History fr --- -- — a4=
Misc(M) Flags Update Clear Exit
lccount Ng Mine? I Twn? I BIkILct I Condo? r• 'bile?I. Sales
N Owner Name/A
20164286 TELARICO CATHERINE G
rear District P o BOX 24s -�r Legal Description __EATON CO 80615-0249 '.PT NE4 3J•7-66 LOT B AMD REC
1999 0226 EXEMPT RE-1011 (.78R)
1pr Dist St
A
'arcel Number — MH Space Sequence
)70733000046
Street No pit;v NO S 6 'AlT e
4,17,2i.:.-01: k, "t 1� ,.',"r ,`t, ( Tr!kU,t' ,... fr ,("-ri�9'"I Irl.°""'"
YP 9 si ,L'l kn2 r.Il - pr`' TIC 4t ocabon City � ? Loca,t,I- i Acct T e La t 177:11::
�.
3ACode Owner Id Owner Location Map No
2022
y'-
3usiness Name
Exempt Actual 'At Exempt Assess4
` NewVers0n°tr•
s:''Z'n'.;) '"' `""t"' 19990Y- 00 '`'I
Name Tax Items Total Actual Total Assess
Protest(T) 22,828 6,620
Situs Pre/Suc Personal (P
Mobile Aut
Mobile Remarks G Oil and Gas
Value
Tract Tax Sale Current Year Prior Version Go To Imaging
Spec Railroads - 5
Condo S P c As -- Prior Year Ne(x)t Version Abatement ,
Block Mines Control --- ----
Next Year Clerk's Doc's Property Card
Sales Sibling I History I-
Misc(M) Flags Update Clear Exit
Account Mine? Twn? Blk/Lot Condo?I Mobile? Sales?
R0189 N Owner Namer -Id -. . - -_-_ I -.-. - . �_
HOLLISTER WESLEY S DONNA G r-r:' i
Yeah r District - 36501 36501 WCR 31 Legal Description
EATON CO 80615 i 18675•D PT NE4 33 7 66BEG AT NE
1999 0226 COR SEC S87D05'W 2659.45'SOD02'W
Apr Dist St „1887.76'TO TRUE POB THENCE
'N86D47'E 2057.62'THENCE N58D19'E
A I .281.93'S31D20'E 107.07'S43O55'E
Parcel Number - MH Space Se 102.89'S50D58'E 303.66'S546.29'
Sequence
P 4TO SE C0R OF SEC_S86D47'W
070733000047
S n r;, 0 „ ,- S9,. h._y ry ..
'if < r- , t ,. 1t v i ...� -„�,'„ trT... e -i_i"rq~" �f""5 "'".
LO i el.::1o'1c3 ? LOC O t' ACct Type '' Lagt y Hik.A+!? @ 'JtRA I{F'�t ot.I V A IrLri,1 { l I
%'
.ry�.`a^y�< ' ".'� t'M ' Agricultural � € ' G1�T'C'P"rs�.t'C�t �rj?F]
LO' }err, , faf
BACode Owner Id Owner Location Map No _., ,,.._.
2022 },' P""1
Business Name Px
Exempt Actua is Exempt ssess 1t New Vers on
— C i °"'a A 4.4‘ tt'"i 19990719000
Name Tax Items Total Actual Total Assess
Protest(T) 104,622 15,040
Situs Pre/Suc Personal
Mobile Aut (P
Mobile Remarks Oil and Gas
Value
Tract Tax Sale --- - -- - _ --- - ---- vT
Current Year Prior Version 1 Go To Imaging A`7
Condo Spec As Railroads _ ___
Xi
Prior Year Ne(x)t Versionl Abatement
Block Mines Control I~
Next Year Clerk's Doc's Property Card
Sales Sibling History -- ----- -r—
Misc (M) Flags Update Clear Exit i "
Account Mine? Twn7 BIWLot Condo? oile? Sales? ',
N Owner Name/Aud , --- -
1__. �
R0841586 THORNTON CITY OF I 44.k,a' r:11111
Le al Description lal
Year District 9500 CIVIC CENTER DR g
THORNTON CO 80229 8644 SE4&PT 1N228 766 BEG
1999 0226 895'N OF S4 COR SEC N53D10'W 679'
Apr Dist St '� N13D43'W 1044'N19D30'E 1205'
'N18D13'W 563'N36D36'W 600'TO
A I ILARIMER&WELD CANAL NELY&SELY
- -
1,ALG CANAL TO N-S C/L SEC S3331'
Parcel Number — MH Space Sequence TO BEG&PT SW4NE4 BELOW LAMER
070728000020
Street ttor4 DI . No - men T ' •
No t ,. :n- 4;5;44 4,145 kSw
14793.tee e 7,., }'i .e.,'A ,° CRv � , z r r
Loca600 Cl t « �". d, 1 F.'1. S ikT_h51 Jl,.t 'T��t S °
ty 1 i ? Loe o ZiQ Acct Lagt �i .- .
4.
WELD '` , 00000,, -y Agricultural ,. , .d k,; ,.."Ir -{.''�0
Owner
O Map i.'; '. LX.
BACode Owner Id Owner Location No
2022 iii 74-141,„447.—L.7" `
Business Name - ' 5 et`xa' ,
Exempt Actual;;;8, Exempt Assess,v- New Vers orl, ,"'
`" '136,824 - '39,680 19990719000 '
Name Tax Items Protest (T) Total Actual Total Assess
136,824; 39,680
Situs Pre/Suc Personal
Mobile Aut (P
Mobile Remarks Oil and Gas � '
Value
Tract Tax Sale .. .. r.T
Current Year Prior Version Go To Imaging Ar
Railroads
J__
Condo Spec As
Prior Year Ne(x)t Version Abatement
Block Mines Control
Next Year I Clerk's Doc's Property Card -n'
Sales ' Sibling , History ------ � _
Misc M Flags Update Clear Exit ,
Account
Owner Name/AdditSS Mine? Twn? l BlkLot Condo?[l. —Mm di le?' Sales?
N _
R0329694 ROSSMAN C GAYLE I '` " '"° '�i Legal Description
fear District '36624 WELD CO RD 31 ! '-`"""
EATON CO 80615 I'PT NW4 34-7-66 PT LOT A REC EXEMPT
1999 0226 'IRE-1518(5R2.660 SITUS: 36628 31
Apr Dist St ICR 001 WELD 00OO0 SITUS:36628 31
CR 002 WELD 00000 SITUS:36628 31
A !CR 003 WELD 00000
Parcel Number — MR Space Sequence
070734000021
Store a, mw D(r. Noff str6et erne 4�-a t Type,J,
366 ,,, '$ `' 'k 3 .'k��tAt k .F1�'� 1, CRS . at01ffiI ' ,[^g �it:
LOCatie ity * I ? Location Zrp�s Acct Type Lagt
WELD' a �„r 000004 ifi Agricultural s ! _y�
'18 = y s ef,g,' A+)!$ n 3ACode Owner Id Owner Location Map No -
2022 Im rV' "p'y"t
8usiness Name
Exempt Actual New Version,
0 'it �r 199907190110 t'1'
Total Actual Total Assess -'
Nrune Tax Items Protest(T) 228.333 22,910
Situs Pre/Suc Mobile Aut Personal(P
Mobile ' Remarks Value Oil and Gas T ,Tract Condo Saec As Railroads _ ( ) Go To Imaging A .;Current Year Prior Version
p Prior Year Next Versio —)! Abatement J x I
Block Mines Control -- Ye '. :
Next Year iI Clerk's Doc's Property Card ft ,
Sales I Sibling History - ---- ---- — -- - -
Update Clear Exit ,01
Misc (M) Flags 1
°"onnr 1 N Owner Name/Add Mine? Twn? BIk Loc Condo? n. ,de?' sales9
I 1 ; L __
X0840686 AbR INC A NEVADA CORP 1 [•, "" �.
rear District 12533 N CARSON S8970UITE 301 w regal Description
CARSONCITY NV 6 18637 W2SW4 27 7 66 EXC UPRR RES
1999 0923 (3R)
>pr Dist st
A
'arcel Number — MH Space Sequence
]70727000021
3treet;Ho��� Di '' N r ems' !'�. j e �
' V ., dk . 'A'r k�S 'a I• gg .. rr y TJA174 Fir " Fin
L ih t�+U' !''t*‘L.”:1--
Y N l ' ''
Location City f ? LoeaUo p ,,Acct Type Lagt ^ C 446.��
p N' a € Ta(=1 m
u t + > M- ii'a ` • .Agricultural � l O G
3A ode Owner Id Owner Location Map No
t II,414,
w:.
2022 • ,... '.- V? a+ 17
3usiness Name Exem_ptectual ExnemptAssess 1. &4rBio l
+ I � 0 0 19990719000`^
Name lax Items Total Actual Total Assess
Protest(1) 89,656 17,040
Situs Pre/Suc Personal(P
Mobile Aut
Mobile Remarks Value Oil and Gas T
Tract Tax Sale I Current Year I Prior Version I Go To Imaging Aa
Condo Spec As Railroads — -J-
Condo Year Ne(x)t Version Abatement
Block Mines Control — ----
Next Year Clerk's Doc's Property Card _
Sales Sibling I History -- --II-- -- ---
Update Clear I Exit k
Misc (M) Flags r)c
>ccountpiliiMine? 1.Twn? Blk/Lot Condo?I Ile?1 Sales?
N Owner Name/A4.,
80329794 ANDERSON BARRY DONS'
rr r
(ear District 16124 WCR 74 I .. ..W.;,._ Legal Description
EATON CO 80615 18686 NW4 34 7 66 EXC BEG AT PT
1999 0226 751'E OF NW COR S3OD E 100'
apr Dist St S34D57'E 150'$61'S34D57'E 126'
N55D2'E 84'N34D57'W 126'
A N68D36'W 61'N34057'W 143'N97'
MH Space W16'TO BEG ALSO EXC BEG W4 COR
'arcel Number
ISEC TH N0D2VE 716.28'S76D07'E
370734000022 1
Stree •i 0 1.4.,•,. Dir No# 8 et same;4 , i 0*
4:(*.;„:.,,,,-;',;
'1 4';'♦ ✓�. S� .fW 5 fi � 1/^rrc i 41(' f t{. r ^.J++'
Locasputgt i ? Location Zlp t Acct Type Lagt ,jtrr rw T
^'' `tr s, t 7 `ce.."3r,,; v �" "' gT�°E'�1°T9T"TTl"3I8'TRi 'PvT.TF:i """"
p� � t I¢¢ Si
3ACode Owner Id Owner Location Map No .�"°' , fi � �( ;-`- ' t'
2022 + < 4
Business Name
Exempt Actuat Ettemp pees: New rers on 4,N
0 " :i .t1i,.,.,":0 19990719000 ' '
Total Actual Total Assess
Name (ax Items Protest IT)
S.tus Pre/Suc
7526M1 21,830
Mobile Ant Personal(P
Mobile Remarks Value Oil and Gas T
Tract Tax Sale 'I -Current Year I_Prior Version I Go To Imaging i A-
Condo Spec As Railroads F
Prior Year Ne(x)t Version Abatement
Block Mines Control
- ----- — -_- �
Next Year Clerk's Doc's I Property Card MR
Sales Sibling History --- J --- -- - X
Flags j Update Exit
Mmo M g Clearh
O II
>ccount Mine? 1 Twn7 I BIk/Lot [Condo? I ;Ie7LSales7J
N Owner Name/Adoripp
30306695 TAMCO INC - - I ',�,iI4�)°(rZrIo
— 1632 36 AV CT
Legal Description
fear District -- --
GREELEY CO 80634 118686-A LEASEHOLD INT NW4NW4 34 7
1999 0226 '.66 ANDERSON 34855501
%pr Dist St II
A
'erect' Number — MH Space Sequence
070734000022 01
Street No Dig. No r� $. et, ape. * s;. Type,
`(rr`p'" 9{Zak "—'i�J+.,(It , rll [9 (Irr` 7J1r I
& ,
LocationRClty ' 7 Locca 00/ p . Acct Type Lagt 1*. � �� • r, Pte e• T • !! r. c. _ �I i
.‘,.i4:
� # ' x 17.
'W , r4tc � ��:111 W� 3�� �`J „,7,,, TWS�.�rv^'
�gi,9.i° r -'`rr s . -Sat-",:;. tf `. }I k4 Y aX� 0,0011
-
BACode Owner Id Owner Location Map No ............ .> y....._.,. -__i- -1 irtirirc Business Name rs o
Exempt Actua Exempt Assags New rs on
t� x99907
a -0 �� ` � y,, 0 19990719000
Name Tar. Items Total Actual Total Assess
Protest(T) 3,933 3,440
Sites Pre/Suc Mobile Aut Personal (P
Mobile Remarks
Value Oil and Gas
Tract Tax Sale I Current Year Prior Version I Go To Imaging 7
Condo Spec As Railroads -- --
Prior Year Ne(x)t Version ] Abatement
, Block Mines Control r — 1 - - - — �
Next Year Clerk's Doc's II Property Card
Sales Sibling History r- -- -- - --
Update Clear Exit "s
Misc(M) Flags - I.
t
Accoun ® Mine? Twn? Bllu Lot o% obile?l leccounO021248e N Owner Name/i-,�dfeS!'-- —.-L Cond
Sas?
�
44
FRIZZELL OIL COMPANY- ---- ya _
Year District 10 EDGEHILL Legal Description
JOSHUA TX 76058 ! 186758-1 LEASEHOLD INT E2NE4 33 7
1999 0226
166
Apr Diet ISt
JIA
-
Parcel Number _ ---
MN pace Sequence I
070733000041 01 - I
Stre t-, ql
7.7,1717 ii,P% Q Prorniiir C"^7
Lobel ••n ly r :-I ? L . .4 ,Acct Type Lagt kSII}tj ' '' ''- °Nr _ r.I tit tl•x
cyl L.,,.•- i T3 r"-,r�:,n —..7 ,.�,rr,;-0.197ii-�[?f�j-'"
BACode Owner Id Owner Location Map No .. ._.. i . � ' i„,,, �
1.
Business Name ,. 3! « »` r �, �,- ., i
Exem t ctuai a ExelnptAssess,„`„? New Vetsion .
i ''''"'i ' -,"` 900 .t
"D19990719000
Name Tax Items Protest(T) Total Actual Total Assess
S tus Pre/SuC . 0 0
Mobile Aut Personal(P
Mobile Remarks
Value Oil and Gas ��°i .,
Tract Tax Sale — -- - - _
Railroads Current Year Prior Version Go To Imaging t
Condo Spec As ---. __
I
Prior Year Ne(x)t Version Abatement Block Mines __: Control
ISales - Sibling History Next Year Clerk's Doc's1 Property Card
Misc(M) Flags Update Clear
Exit
Account N Mm _Me? I Twn? I Blk/Lot .Condo? I den Sales?J
Owner Name/Aau _
R0064788 - -- ES JAMES HOWARD&BONNIE m,fit r� Legal Description
Year District BEE
1999 0226 'EATON CO 80615 I'
36961 WCR 31 18675-C PT E2NE4 33 7 66 COM AT
THE E4 COR OF SEC N546.29'TO
Apr Dist St j,TRUE POB N50D58W 303.66'
N43D55'W 102.89'N31D20'W 107.07'
A I,N15D26'W 101.47'THENCE S70D35'W 18NO6DN1 42'W D24'W 984.31'
Parcel Number _ MH Space Sequence 28.10'N70D35E 18'-N41D55'W
070733000040
Street 4 j. Dire NCI* Street Name, Type
36961:X,. 44 <44: 4' 31+ .744kx -,.t ...„ CR r :. ^lr rT3; t t 4!, :' r U//+"t s.
wrt,aPti} p
Location rty I ? Location Zip Acct Type Lagt
WELD �x' 80516 ,a ":. Residential Lan ➢ ,CtU - 7�,,,,BTYi
BACode Owner Id Owner Location Map No
2022
Business Name — M++'. ^... „,r i ,.,; t x`,.$: 4..:44 :
Exempt Actual IF E empxtAssess ;x New ersron '',:4,11,=
0 � �' `'`0 19990719000
Name Tax Items Total Actual - Total Assess
Protest(T) 219,522 22,760
Situs Pre/Suc Mobile Aut Personal(P
Mobile , Remarks x� rt
Value Oil and Gas _
Tract Tax Sale Current Year Prior Version Go To Imaging '
Condo Spec As Railroads --- -- — -. r°
Prior Year Ne(x)t Version Abatement
Block Mines Control - ---- — ------- rd
Next Year , Clerk's Doc's Property Card
Sales Sibling History �i,---- -----
If
Update Clear j Exit
Misc (NI) Flags
/
-7 cj -- O 7 0
` J
� ) � _O - -,/ Q Z _ a 3�G c i c.
c, 2. ( 2
•
• Weld County Referral
Q • July 26, 200)
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Jim Bates Case Number S-54'
Please Reply By August 16, 2000 Planner Julie Chester
Project Planned Unit Development Final Plan -Administrative Review
Legal Lot B of AmRE-2279, Part of the NE4 of Section 3., Township 7 North. Rance 66
West of the 6th P.M., Weld County, Colorado.
Lo:ation West of and adjacent to WCR 31, south of WCR 7ti
Parcel Number 0707 33 000040
The application is submitted to you for review and recommendation. Any comments or recommer dat on you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we mi,,y
give full consideration to your recommendation. Any response not received before or on this date !nay be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
recording the application. please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: j i. .;.".' r•y i t 7?� o�c't,I :'.. 1/-. . -
, Vti.S t_��l i'+1:1i�:. i�f`::�fl�. •1;. ih. j• ' i,l• y ‘11'1‘: iek t i :/, rod 1 , ' t '.. I.. `f
Date t '
Signature `• ' j , ;t 1,' t' .7(.7.1.1
. ., Weld County Planning Dept
•:-Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley, CO.80631 •*(970)353-610C ext.3540 • ) 31}4-464N{
RECEIVED
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COALBANK CREST PUD
(A COMMON INTEREST COMMUNITY)
AND
COALBANK CREST
HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
DEFINITIONS 2
Section 1. Act 2
Section 2. Agency 2
Section 3. Architectural Design Standards 2
Section 4. Articles 2
Section 5. Annual Assessment 2
Section 6. Assessments 2
Section 7. Association 2
Section 8. Association Documents 2
Section 9. Bylaws 2
Section 10. Clerk and Recorder 3
Section 11. Common Area or Common Elements 3
Section 12. Common Expenses 3
Section 13. Declaration 3
Section 14. Executive Board 3
Section 15. First Mortgage 3
Section 16. First Mortgagee 3
Section 17. Living Unit, Dwelling Unit, Residential Unit, or Residential Home
3
Section 18. Lot 4
Section 19. Manager 4
Section 20. Map 4
Section 21. Member 4
Section 22. Mortgage 4
Section 23. Mortgagee 4
Section 24. Notice 4
Section 25. Owner 4
Section 26. Parcel 4
Section 27. Project 5
Section 28. Property 5
Section 29. Related User 5
Section 30. Single Family 5
Section 3 I. Successor Declarant 5
Section 32. Supplemental Declaration 5
Section 33. Supplemental Map S
ARTICLE II 5
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION 5
Section 1. Name 5
Section 2. Existing Property 5
Section 3. Expansion Property 6
Section 4. Number of Residential Units 6
Section 5. Identification of Residential Units 6
Section 6. Description of Residential Units 6
Section 7. Allocation of Interests 6
ARTICLE III 6
MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS . . . 6
Section 1. The Association 6
Section 2. Transfer of Membership 6
Section 3. Membership 7
Section 4. Voting 7
Section 5. Declarant Control 7
Section 6. Books and Records . . 7
Section 7. Manager 7
Section 8. Rights of Action . . 8
Section 9. Implied Rights and Obligations . . 8
Section 10. Notice 8
ARTICLE IV 8
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS . . . . . . . 8
Section 1. Association Power 8
Section 2. Review 8
Section 3. Procedure 9
Section 4. Authority to Hire, Assess Costs, and Raise Funds . . . . . . . . . 9
Section 5. Records 9
Section 6. Restrictions on Use 9
a. Land Use . . 9
b. No Further Subdivision 10
c. Nuisances 10
d. Temporary Structures 10
e. Accessory Buildings 10
f Move and Set Structures 10
R. Signs 10
h. Oil, Gas, and Mining 10
i. Animals Within Subdivision. 10
j. Garbage and Refuse Disposal I 1
k. Storage of Materials I 1
1. Hazardous Activities I 1
ii
m. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair . 12
o. Clothes Lines. 12
P. Maintenance and Repair of Landscaping and Improvements 12
q. Non-Owner Occupants 13
r. Water and Sewer 13
s. No Violation of Law 14
t. Fencing 14
u. No Imperiling of Insurance 14
v. Architectural Design Standards 14
w. Owner's Obligation Upon Resale of Lot 14
x. Right to Farm Covenant 14
y. No basements shall be allowed in the project i5
ARTICLE V 15
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION . . . . . . . 15
Section 1. Powers I5
ARTICLE VI 17
MECHANICS' LIENS 17
Section 1. No Liability 17
Section 2. Indemnification 17
Section 3. Association Action 17
ARTICLE VII 18
EASEMENTS 18
Section 1. Recorded Easements 18
Section 2. Utility Easements 18
Section 3. Reservation of Easements, Exceptions and Exclusions . . . . . . 18
Section 4. Use of Easement Area 18
Section 5. Emergency Access Easement 19
ARTICLE VIII I9
MAINTENANCE 19
Section 1. Maintenance by Owners 19
Section 2. Maintenance by Association. 19
Section 3. Association Maintenance as Common Expense 19
ARTICLE IX 19
INSURANCE 19
Section 1. General Insurance Provisions 19
Section 2. Property and Commercial General Liability Insurance . . . . . . 20
a. Insurance on Common Elements 20
iii
b. Commercial General Liability Insurance 20
Section 3. Notice 21
Section 4. Common Expenses 21
Section 5. Fidelity Insurance 21
Section 6. Workers'Compensation Insurance 21
ARTICLE X 21
ASSESSMENTS 21
Section 1. Obligation 21
Section 2. Budget 21
Section 3. Annual Assessments 22
Section 4. Apportionment of Annual Assessments 22
Section 5. Special Assessments 22
Section 6. Default and Restoration Assessments 23
Section 7. Effect of Nonpayment;Assessment Lien 23
Section 8. Personal Obligation 24
Section 9. Payment by Mortgagee 24
Section 10. Statement of Status Assessment Payment 24
Section 11. Maintenance Accounts; Accounting 24
ARTICLE XI 24
CONDEMNATION 24
Section 1. Rights of Owners 25
Section 2. Partial Condemnation . 25
Section 3. Complete Condemnation 25
ARTICLE XII • 25
ASSOCIATION AS ATTORNEY-IN-FACT 25
Section 1. Association as Attorney-in-Fact 25
ARTICLE XIII 26
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS . . . . . 26
Section 1. Reservation of Withdrawal Rights . 26
Section 2. Other Reserved Rights 26
Section 3. Termination of Rights 26
Section 4. Transfer of Records . . 26
ARTICLE XIV 27
MORTGAGEE'S RIGHTS . . 27
Section 1. Distribution of Insurance or Condemnation Proceeds 27
Section 2. Right to Pay Taxes and Charges . . 28
Section 4. Audited Financial Statement . 28
Section 5. Notice of Action 28
iv
Section 6. Action by Mortgagee 28
ARTICLE XV 29
DURATION OF COVENANTS AND AMENDMENT 29
Section 1. Term 29
Section 2. Amendment 29
Section 3. Revocation 30
ARTICLE XVI 30
ANNEXATION OF ADDITIONAL PROPERTY 10
Section 1. Annexation with Approval of Executive Board or Owners . . . . . . 30
Section 2. Acquisition of Common Elements 11
Section 3. Amendment. 31
Section 4. Effect :11
ARTICLE XVII 31
GENERAL PROVISIONS 31
Section 1. Restriction on Declarant Powers 31
Section 2. Covenants Run with the Land 31
Section 3. Enforcement 32
Section 4. Severability 32
Section S. Conflicts Between Documents 12
EXHIBIT A 33
MINIMUM ARCHITECTURAL DESIGN STANDARDS FOR
RESIDENTIAL CONSTRUCTION
COALBANK CREST PUD 33
Section I. Diversity of Architectural Styles . . . . . . . . . . . . . . . . . . . . . . 33
Section 2. Minimum Square Footage and Building Height 33
Section 3. Roof Pitches 13
Section 4. Exterior Elevations of Residences . . . . . . . . . . . . . . . . . 33
Section 5. Residence Window and Door Placement . . . . 33
Section 6. Standards Regarding Use of Exterior Materials 33
Section 7. Color of Exterior Materials 34
Section 8. Setbacks 34
Section 9. Site Grading 34
v
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COALBANK CREST PUD (a COMMON INTEREST COMMUNITY)
AND COALBANK CREST HOMEOWNERS ASSOCIATION
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration"), made on the date hereinafter set forth by Jim Bates, hereinafter referred to as
"Declarant."
WITNESSETH :
WHEREAS, Declarant is the owner of the following described property located in the County of
Weld, State of Colorado, said property now being duly platted as the Coalbank Crest PUD,a planned
unit development of the County of Weld, State of Colorado, as such plat is now recorded in Book
, at page of the records of the Weld County Clerk and Recorder. Such property is more
particularly described as follows:
Insert legal description
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general
plan(a)to protect and enhance the quality, value, desirability, and attractiveness of all property that
may be subject to this Declaration; and (b)to define certain duties, powers, and rights of owners of
property that may become subject to this Declaration; and
WHEREAS,Declarant for himself,his successors and assigns,hereby declares that all property herein
or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part.
thereof shall,from the date the same becomes subject to this Declaration,be owned,held,transferred,
conveyed, sold, leased, rented, hypothecated, encumbered,used, occupied, maintained, altered, and
improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions,
equitable servitudes, and other provisions set forth in this Declaration for the duration thereof, all of
which shall run with the title to such property and be binding upon all parties having any right, title,
or interest in said property or any part thereof and upon their heirs, personal representatives,
successors and assigns and shall inure to the benefit of each party having any such right, title, or
interest in said property or any part thereof.
NOW, THEREFORE, the Declarant with this Declaration states that the real property described in
the Preamble is and shall be held,transferred,sold,conveyed,and occupied subject to the covenants,
restrictions, and easements hereinafter set forth.
I
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration, the
Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto,
shall have the following meanings:
Section 1. Act shall mean and refer to the Colorado Common Interest Ownership Act found
in Title 38 of the Colorado Revised Statutes.
Section 2. Agency shall mean any agency or corporation that purchases or insures residential
mortgages.
Section 3. Architectural Design Standards shall mean design standards adopted by the
Executive Board from time to time that govern the quality of workmanship, color of materials,
harmony of external design with existing structures, and location with respect to topography and
finish grade elevation and the master drainage plan and all other appearances of buildings and
structures in the Project. The Minimum Architectural Design Standards are set forth in Exhibit A
attached hereto. It is anticipated that the Executive Board will add to these minimum standards, and
such additions will be available from the Executive Board.
Section 4. Articles shall mean the Articles oflncorporation for Coalbank Crest Homeowners
Association,a Colorado nonprofit corporation,currently on file with the Colorado Secretary of State,
and any amendments that may be made to those Articles from time to time.
Section 5. Annual Assessment shall mean the assessment levied pursuant to an annual
budget.
Section 6. Assessments shall mean the Annual, Special and Default Assessments levied
pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense
Liability as defined under the Act.
Section 7. Association shall mean Coalbank Crest Homeowners Association, a Colorado
nonprofit corporation, and its successors and assigns.
Section 8. Association Documents shall mean this Declaration and any Supplemental
Declaration, the Articles of Incorporation, the Bylaws, the Map and any procedures, rules,
regulations, Architectural Design Standards or policies adopted under such documents by the
Association.
Section 9. Bylaws shall mean the Bylaws adopted by the Association,as amended from time
to time.
2
Section 10. Clerk and Recorder shall mean the office of the Clerk and Recorder in the
County of Weld, State of Colorado.
Section 11. Common Area or Common Elements shall mean and refer to the following real
property:
insert legal description of common area
Common Area or Common Elements shall also mean and refer to any and all personal
property and improvements owned or leased by the Association and shall include,by way of example
but without limitation, any exterior signage which identifies the subdivision, exterior lighting,
sprinkler systems, recreation equipment, and any other personal property owned by the Association.
The Common Area is to be devoted to the common use and enjoyment of the Owners(subject to the
provisions hereof) and are not dedicated for use by the general public except as indicated on the
subdivision plat and the real estate records of the Clerk and Recorder of Weld County, Colorado.
The definition of Common Area shall expressly exclude any public streets or alleys as shown on the
subdivision plat identified above. Common Area shall be owned by the Association. In no event shall
the Common Area fail to be transferred to the Association on a date which is not later than sixty(60)
days after the completion of the transfer of all lots from the Declarant or the Declarant's successors
and assigns to third party purchasers.
Section 12. Common Expenses shall mean(i)all expenses expressly declared to be common
expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of
administering, servicing, conserving, managing, maintaining, repairing or replacing the Common
Elements;(iii)insurance premiums for the insurance required or permitted under this Declaration;and
(iv) all expenses lawfully determined to be Common Expenses by the Executive Board.
Section 13. Declaration shall mean this Declaration and the Map and amendments and
supplements to the foregoing.
Section 14. Executive Board shall mean the governing body of the Association
Section 15. First Mortgage shall mean any Mortgage that is not subject to any monetary lien
or encumbrance except liens for taxes or other liens that are given priority by statute.
Section 16. First Mortgagee shall mean any person named as a mortgagee or beneficiary in
any First Mortgage, or any successor to the interest of any such person under such First Mortgage.
Section 17. Living Unit,Dwelling Unit,Residential Unit, or Residential Home shall mean
and refer to any structures situated upon the properties designed and intended for use and occupancy
as a residence by a single family.
3
Section 18. Lot shall mean and refer to any numbered area of land shown as such upon any
recorded final filing plat required by the County of Weld, Colorado, with the exception of Common
Area as heretofore defined. Lot shall also mean a "Unit" as defined in C.R.S. 38-33.3-103 as
originally enacted or subsequently amended.
Section 19. Manager shall mean a person or entity engaged by the Association to perform
certain duties, powers or functions of the Association, as the Executive Board may authorize from
time to time.
Section 20. Map shall mean all final Plats of the subdivided Parcels recorded with the Clerk
and Recorder depicting a plan and elevation schedule of the Property subject to this Declaration and
any supplements and amendments thereto.
Section 21. Member shall mean and refer to the person designated as such pursuant to the
terms of this Declaration.
Section 22. Mortgage shall mean any Mortgage, deed of trust or other document pledging
any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 23. Mortgagee shall mean any person named as a Mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mortgage,
Section 24. Notice shall mean and refer to (i)written notice delivered personally of mailed
to the last known address of the intended recipient, or(ii)notice through an Association publication
which is delivered to the residential homes, or(iii) notice delivered by electronic mail or facsimile to
any Owner. "Notice to Mortgagee" shall mean and refer to only written notice delivered personally
or mailed to the last know address of the intended recipient and not notice through an Association
publication.
Section 25. Owner shall mean any person, corporation, partnership, association, contract
seller or other legal entity or any combination thereof, including Declarant, who owns the record fee
simple interest in a portion of one or more lots and shall include the purchaser under any executory
land sales contract wherein the Administrator of Veteran's Affairs is seller, whether or not recorded,
and whether owned by said Administrator or his assigns. The term Owner shall include any grantee,
transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of
any Owner but shall not refer to any mortgagee as herein defined or other person or entity having an
ownership interest in any portion of a lot merely as security for the performance of an obligation,
unless such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
Section 26. Parcel shall mean each platted, numbered and recorded division of vacant land
as depicted on the Map.
4
Section 27. Project shall mean the common interest community created by this Declaration
and as shown on the Map, consisting of the Property and the Common Area.
Section 28. Property shall mean the real property described in the Preamble, together with
such additional property as is subsequently subjected to this Declaration in accordance with the
provisions set forth herein below.
Section 29. Related User shall mean any member of the family of an Owner who resides with
such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants,
tenants and contract purchasers residing in a residential home of an Owner who claimed by or
through an Owner.
Section 30. Single Family shall have the same meaning as that term is defined in the Zoning
Ordinance of the City of Greeley, County of Weld, Colorado, as of the date of the recording of this
Declaration or as amended in the future by the governing body of the City of Greeley, County of
Weld, Colorado.
Section 31. Successor Declarant shall mean any person or entity to whom Declarant assigns
any or all of his rights, obligations or interest as Declarant, as evidenced by an assignment or deed
of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and
Recorder.
Section 32. Supplemental Declaration shall mean an instrument which annexes property to
this Declaration.
Section 33. Supplemental Map shall mean a Supplemental Map of the Project which depicts
any change in the Project through a Supplemental Declaration. The initial phase recordings are not
supplemental and do not require amendment to this document.
ARTICLE II
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION
Section 1. Name. The name of the Project is Coalbank Crest PUD. The Project is a
common interest community pursuant to the Act.
Section 2. Existing Property. The real property which is and shall be held,transferred, sold,
conveyed and occupied subject to this Declaration is located in the County of Weld, Colorado, and
is more particularly described in the Preamble of this Declaration for the Coalbank Crest PUD in the
County of Weld, Colorado.
5
Section 3. Expansion Property. The real property which is and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration may be expanded only as specifically
provided in this Declaration.
Section 4.Number of Residential Units. The maximum number of Residential Units in the
Project is five (5), exclusive of the additional Residential Units that may be created pursuant to the
terms of this Declaration.
Section 5.Identification of Residential Units. The identification number of each Residential
Unit is shown on the Map.
Section 6. Description of Residential Units. Each Residential Unit presently consists of
surveyed and platted undeveloped vacant land.
Section 7. Allocation of Interests. The common expense liability and voting in the
Association are allocated to each Lot as follows:
a. The percentage of liability for Common Expenses shall be determined by using a
formula in which the numerator is one(1)and the denominator is the total number of
Lots subject to this original Declaration, or subject to this Declaration by
supplemental expansion, or any additional number of Lots approved by the County
of Weld; and
b. The number of votes in the Association is determined on the basis of one (I) vote
being allocated to each Lot Owner as determined by the total number of Lots that
have been submitted to this original Declaration or a subsequent amendment of this
Declaration and which are shown on a subdivision plat required by the County of
Weld and recorded with the Clerk and Recorder.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. The Association. Every Owner of a Residential Unit shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Residential Unit.
Section 2. Transfer of Membership. An Owner shall not transfer, pledge or alienate his
membership in the Association in any way, except upon the sale or encumbrance of his Residential
Unit and then only to the purchaser or Mortgagee of his Residential Unit. The Association shall not
create a right of first refusal on any Residential Unit and Owners may transfer ownership of their
Residential Units free from any such right.
6
Section 3. Membership. The Association shall have one class of membership consisting of
all Owners,including the Declarant so long as Declarant continues to own an interest in a Residential
Unit. Except as otherwise provided for in the Association Documents, each Member shall be entitled
to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including
Declarant while Declarant owns any Residential Unit, is subject to all the rights and duties assigned
to Owners under the Association Documents.
Section 4. Voting. There shall be one vote per Residential Unit, except as otherwise
provided in the Association Documents during the period of Declarant Control.
a. The Owner(s) of each Residential Unit shall have one vote per Parcel owned.
b. If only one of several Owners of a Residential Unit is present at a meeting of the
Association, the Owner present is entitled to cast all the votes allocated to the
Residential Unit. If more than one of the Owners are present, the votes allocated to
the Residential Unit may be cast only in accordance with the agreement of a majority
in interest of the Owners. There is majority agreement if any one of the Owners casts
the votes allocated to the Residential Unit without protest being made promptly to the
person presiding over the meeting by another Owner of the Residential Unit
Section 5. Declarant Control. Declarant shall be entitled to appoint and remove the
members of the Association' s Executive Board and officers of the Association to the fullest extent
permitted under the Act and as set forth in the Association Documents. The specific restrictions and
procedures governing the exercise of Declarant's right to so appoint and remove Directors and
officers are set out in the Articles and Bylaws of the Association. Declarant may voluntarily
relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but,
in such event, Declarant may at his option require that specified actions of the Association] or the
Executive Board as described in the recorded notice, during the period Declarant would otherwise
be entitled to appoint and remove directors and officers, be approved by Declarant before they
become effective.
Section 6. Books and Records. The Association shall make available for inspection, upon
request, during normal business hours or under other reasonable circumstances, to Owners and to
Mortgagees,,current copies of the Association Documents and the books, records and financial
statements of the Association prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
Section 7. Manager. The Association may employ or contract for the services of a Manager
to whom the Executive Board may delegate certain powers, functions or duties of the Association,
as provided in the Bylaws of the Association. The Manager shall not have the authority to make
expenditures except upon prior approval and direction by the Executive Board.
7
Section 8. Rights of Action. The Association on behalf of itself and any aggrieved Owner,
shall be granted a right of action against any and all Owners for failure to comply with the provisions
of the Association Documents, or with decisions of the Executive Board made pursuant to authority
granted to the Association in the Association Documents. The Owners shall have a right of action
against the Association for failure to comply with the provisions of the Association Documents, or
with decisions of the Executive Board made pursuant to authority granted to the Association in the
Association Documents. In any action covered by this section, the Association or any Owner shall
have the right but not the obligation to enforce the Association Documents by any proceeding at law
or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if
the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to
reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses,
including attorney fees in connection with such arbitration or judicial relief. Failure by the
Association or by any Owner to enforce compliance with any provision of the Association Documents
shall not be deemed a waiver of the right to enforce any provision thereafter.
Section 9. Implied Rights and Obligations. The Association may exercise any right or
privilege expressly granted to the Association in the Association Documents, by the Act, and by the
Colorado Nonprofit Corporation Act.
Section 10. Notice. Any notice to an Owner of matters affecting the Project by the
Association or by another Owner shall be sufficiently given if in writing and delivered personally, by
courier or private service delivery,or on the third business day after deposit in the mails for registered
or certified mail, return receipt requested, at the address of record for real property tax assessment
notices with respect to that Owner's Residential Unit
ARTICLE IV
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS
Section 1.Association Power. The Association shall have the right and power to prohibit
any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Residential Unit or the Common Area, if any by promulgating Rules and
Regulations which restrict or prohibit such activities. The Association through its Executive Board
has the power to regulate the improvement of any Lot or Residential Unit in the Project
Section 2. Review. No buildings, structures, modifications, alterations or additions to the
Residential Units, including, but not limited to fences and/or landscaping, shall be made unless first
approved in writing by the Executive Board. The Executive Board shall exercise reasonable judgment
to the end that all buildings, structures, modifications, alterations or additions to the Residential Units
conform to and harmonize with existing surroundings and structures. The Executive Board has the
absolute right to deny any requested buildings, structures, modifications, alterations, or additions
which the Executive Board reasonably determines do not conform to and harmonize with existing
surroundings and structures. The Executive Board may delegate its responsibilities as stated herein
8
to an Architectural Review Committee which should consist of at least one (1) Executive Board
Member. Decisions by this Committee may be appealed to the full Executive Board within thirty(30)
days of said decision.
Section 3. Procedure. The Executive Board's approval or disapproval as required in these
covenants shall be in writing. In the event the Executive Board fails to approve or disapprove within
thirty (30)calendar days after complete plans and specifications have been submitted to it, approval
will not be required and the related covenants shall be deemed to have been complied with. The
following minimum items shall be required to be submitted before the Executive Board is required
to act (in addition to other items which the Executive Board deems necessary or advisable for it to
act under the circumstances):
a. Site plan.
b. Complete construction plans.
c. Specifications, including color schemes and material samples for the building,
addition or alteration.
d. Soils report prepared by an engineer.
e. Payment in full of all anticipated costs under the following Section.
Section 4. Authority to Hire,Assess Costs,and Raise Funds. The Executive Board has the
authority to hire or retain such professional or other persons as it deems necessary for the purposes
described herein. The Executive Board shall also have the power to require the Owner submitting
matters to it for approval to pay reasonably necessary costs of the submission prior to their review
and as a necessary condition thereof. Any excess funds shall be returned, but the submitting Owner
shall remain liable to pay any additional expense(s)if prepayment is insufficient. The Executive Board
may raise and manage such funds under the authority and procedures prescribed in the Association
Documents.
Section 5. Records. The Executive Board shall maintain written records of all applications
submitted to it and all actions taken thereon.
Section 6.Restrictions on Use. Use and enjoyment of each Residential Unit shall be subject
to the following restrictions and such additional restrictions as the Executive Board may propose and
are accepted by the Owners by a vote of four-fifths (4/5) of the majority of all Owners:
a. Land Use. No Residential Unit or portion thereof shall be used for any purpose other
than Single Family residences as prescribed by the County of Weld under Estate
zoning ordinances.
9
b. No Further Subdivision. No Residential Unit or Residence shall be further
subdivided or separated into smaller Residential Units or Dwelling Units by any
Owner and no portion less than all of any such Residential Unit or Dwelling Unit, nor
any easement or other interest therein, shall be conveyed or transferred by an Owner,
provided that this shall not prohibit deeds of correction, deeds to resolve boundary
line disputes, and similar corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any Residential
Unit, nor shall any thing be done thereon which may become an annoyance to the
neighborhood. No annoying light, sound, or odor shall be emitted from any
Residential Unit onto any adjacent Residential Unit(s) which can be considered
offensive or intrusive to adjacent Residential Unit Owners or occupants.
d. Temporary Structures. No structures of a temporary character such as trailers,
mobile homes, tents, shacks, garages, barns or other out buildings shall be used on
any Residential Unit at any time as a residence either temporarily or permanently,
e. Accessory Buildings. Only one accessory building, storage barn, shed or other
accessory structure shall be constructed or moved onto any Residential Unit.. The
design, location and appearance of said structure must be approved by the Executive
Board.
f. Move and Set Structures. All structures within the Project shall be new
construction and no previously erected building, structure, or improvement shall be
moved and set upon any Residential Unit from any other location. Exceptions maybe
made for prefabricated storage buildings with written approval of the Executive
Board.
g. Signs. No sign of any kind shall be displayed to the public view on any Residential
Unit except one professional sign of not more than one square foot,or one sign of not
more than five square feet advertising the property for sale or for rent, or signs used
by a builder to advertise the property during the construction or sales period
h. . Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining,
quarrying or mining operations of any kind shall be permitted upon, in or under any
Residential Unit.Nor shall any oil wells, tanks,tunnels, mineral excavations or shafts
be permitted upon any Residential Unit. No derrick or other structures designed for
use in boring for oil or natural gas shall be erected, maintained or permitted on any
Residential Unit.
Animals Within Subdivision. No dangerous animals shall be kept or harbored
within the Subdivision. Each Owner may keep on his or her Lot a reasonable number
of household pets subject to existing ordinances for the County of Weld, Colorado.
Any such household pet shall be kept in the interior of any residential home or the
10
interior of any fenced Lot within the Subdivision. It shall be the obligation of each
Owner owning a pet to control it in accordance with the existing ordinances of the
County of Weld, State of Colorado. It shall be the responsibility of each Lot Owner
to maintain any Lot used in any manner by any pet in such a way as to avoid any noise
or odor or nuisance to any other Owner within the Subdivision. Livestock may be
kept and harbored on any Lot within the Subdivision subject to the existing
ordinances of the County of Weld, State of Colorado. For purposes of this
paragraph,livestock shall be defined as: cattle,bison,mules,burros,llamas,ostriches,
elk, horses, swine, sheep, goats, poultry, and rabbits. The number of livestock
allowed on any Lot within the Subdivision shall be limited by the bulk requirements
within the Estate zoning as the same is defined in the Weld County zoning ordinance.
j. Garbage and Refuse Disposal. No Residential Unit shall be used or maintained as
a dumping ground for rubbish, trash, or garbage. Trash, garbage, or other waste shall
not be kept except in sanitary and secure containers. All containers shall be kept in a
clean and sanitary condition and shall not be kept in public view except during the
scheduled day of pick up.
k. Storage of Materials:
(i.) No occupant or Owner of any Residential Unit shall store or permit to be
stored or to accumulate, upon any Residential Unit, any debris, any piles of
manure, piles of dirt, machinery or equipment or any part thereof, old or
rusted pieces of metal, rubber or any type of junk, or other miscellaneous
items unless concealed from public and neighbor views within an enclosed
structure.
(ii.) Storage of building materials is permitted only to facilitate continuous building
projects in progress. Residential Unit Owners shall supervise and assure
secure storage of all building materials during construction to prevent damage
to other structures or littering throughout neighborhood as a result of heavy
winds.
(iii.) No tanks for the storage of gas,fuel, oil or other flammable materials shall be
erected, placed, or permitted above or below the surface of any Residential
Unit in violation of the uniform fire code as adopted by the Eaton Fire
Protection District. Any firewood pile shall be screened and located within the
confines of a privacy fence.
Hazardous Activities. No activities shall be conducted on any Residential Unit
which are or might be unsafe or hazardous to any person or any property.No firearms
shall be discharged upon any Residential Unit and no open fires shall be lighted or
permitted on any Residential Unit except in a contained barbecue unit while attended
11
and in use for cooking purposes or within an interior approved fireplace. Burning of
leaves and weeds shall be allowed consistent with Weld County Burning Regulations.
The storage of any type of explosive devices, compounds, chemicals, or materials is
prohibited.
m. Motor Vehicles,Recreational Vehicles, Disabled Vehicles, Vehicle Storage and
Repair. No boat,trailer, house trailer, camper,tractor-trailer or semi-truck,motor
home, or recreational vehicle shall be stored on any street within the Project. No
disabled vehicles shall be allowed to remain on the street, driveway or other parking
area which may be seen from the view of adjacent properties. No grease or oil or
other unsightly fluids shall be permitted to accumulate in any driveway, sidewalk or
street area.
n. Home Occupations/Businesses. The conduct of a home occupation or business
within a residence shall be permitted provided that the following requirements are
met:
Home occupations or businesses must be conducted inside the residence or
outbuilding and shall not occupy more than fifteen percent (15%) of the total floor
area of the residence. Home occupations or businesses must be conducted only by
the residents of said dwelling with no nonresidents employed. Signage shall not
exceed that permitted in this Declaration. No retail sales shall be conducted on the
Residential Unit or in public view. Home occupations or businesses must be
conducted within the scope of the zoning ordinances of the County of Weld.
Customer visits must be limited to an occasional frequency. Customer parking must
be in the driveway or immediately in front of residence. There shall be no evidence
of a home occupation or business from the outside of the residence.
o. Clothes Lines. Clothes lines shall be prohibited in any front or side yard
p. .. Maintenance and Repair of Landscaping and Improvements:
(i.) Each Owner shall provide prudent and regular exterior maintenance upon
each Residential Unit including painting, repairs and or replacement of roofs,
gutters, downspouts,exterior building surfaces,trees,shrubs,grass and other
landscaping, walks, driveways, and other surfaces, and all other exterior
improvements to maintain the value of said property. Owners shall comply
with mandatory landscaping requirements as called out in the Architectural
Design Standards adopted by and available from the Executive Board. Owners
benefiting from fencing and other improvements immediately adjacent to their
12
property, but installed by Declarant, are solely responsible for any and all
maintenance and repairs with the exception of utility improvements in ease-
ments owned and maintained by public utilities. Residential Unit Owners shall
not allow weeds or other unsightly vegetation on unimproved areas of their
lot.
(ii.) Exterior landscaping of any Lot shall be designed to be compatible with other
Lots within the Subdivision. No landscaping shall be initiated until a
landscaping plan has been submitted to and approved by the Executive Board.
Any landscaping for Lots on which a residence has been occupied between
January 1 and August 30 of any year shall be completed by December 31 of
that same year. If the residence is occupied after August 30 in any year, the
Lot shall be landscaped by May 31 of the next year. The Owners of any Lot
upon which no Single-Family residence has been constructed shall have an
affirmative obligation to manage and control any weed growth upon said Lot.
MI weeds on any Lot within the Subdivision shall be cut on a regular basis in
order to keep the height of said weeds below twelve (12) inches.
(iii.) Failure to maintain: In the event an Owner of any Residential Unit in the
Project shall fail to complete or maintain the premises and the improvements
thereon as provided herein, The Association shall have the right to enter upon
said Residential Unit to correct drainage, and to repair, maintain, and restore
deficiencies that have not been corrected within thirty (30) days of duly
written notice. All costs related to such correction,repair,or restorations shall
become a Restoration Assessment upon such Residential Unit and shall be
paid by the Owner to the Association. Any amounts unpaid within thirty(30)
days of final billing may be attached to the said Residential Unit as a lien
recorded with Clerk and Recorder of Weld County. Nothing herein shall
relieve the delinquent Owner of said Residential Unit from any additional
remedies at law as prescribed in other provisions within these covenants.
q. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of these covenants shall be binding to non-owner occupants without
exception. Property Owners who lease their property shall be required to furnish
copies of these covenants along with a written lease referencing these same covenants;
leasing or being absent from the property shall not release property Owner from
liabilities and responsibilities described herein.
r. Water and Sewer. No individual water supply system or sewage disposal system
shall be permitted on any Residential Unit unless it is in compliance with all state and
county health regulations and approved by the Weld County Department of Public
Health and Environment. All dwellings must attach to a public water source Leach
fields must be designed by a licensed engineer. Space for two septic systems must be
13
reserved and maintained by each lot owner. All activities such as landscaping and
construction are expressly prohibited in any designated absorption field site.
s. No Violation of Law. Nothing shall be done or kept in or on any portion of the
Project by a Residential Unit Owner or Occupant which would be in violation of any
statute, rule, ordinance, regulation, permit or validly imposed requirement of any
governmental body having jurisdiction over the Project.
t. Fencing. No fencing of any type shall be constructed by any Lot Owner on any Lot
within the Project without prior approval in writing by the Executive Board. No
chain-link fencing shall be allowed unless it is accompanied by some screening
material which has been specifically approved by the Executive Board in writing.
u. No Imperiling of Insurance. Nothing shall be done or kept in or on any portion of
the Project which might result in an increase in the premiums with respect to
insurance obtained for all or any portion of the Project or which might cause
cancellation of such insurance, except with the prior written consent of the Executive
Board.
v. Architectural Design Standards. The minimum architectural design standards for
the Project are set forth in Exhibit A attached hereto and made a part hereof. The
Executive Board has the power and authority to make additional requirements for any
residential construction or reconstruction within the Project. The minimum standards
set forth in Exhibit A cannot be altered except by amendment of this Declaration
pursuant to the requirements set forth herein. But, the Executive Board may
supplement and interpret the standards in Exhibit A so long as the supplement or
interpretation does not make the standards less restrictive.
w. Owner's Obligation Upon Resale of Lot. The deed or instrument transferring title
to any Residential Unit shall contain a provision incorporating by reference the
Covenants, Conditions and Restrictions set forth in this Declaration, as well as any
Supplemental Declarations.
z. Right to Farm Covenant.
(i.) Weld County is one of the most productive agricultural counties in the United
States. The rural areas of Weld County may be open and spacious, hut they
are intensively used for agriculture. Persons moving into a rural area must
recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
(ii.) Agricultural users of the land should not be expected to change their
long-established agricultural practices to accommodate the intrusions of
urban users into a rural area. Well run agricultural activities will
14
generate off-site impacts, including noise from tractors and equipment; dust
from animal pens, field work, harvest, and gravel roads; odor from animal
confinement, silage, and manure; smoke from ditch burning; flies and
mosquitos; the use of pesticides and fertilizers in the fields, including the use
of aerial spraying. Ditches and reservoirs cannot simply be moved"out of the
way" of residential development without threatening the efficient delivery of
irrigation to fields that is essential to farm production.
(iii.) Weld County covers a land area of over Four Thousand(4,000) square miles
in size (twice the State of Delaware) with more than Three Thousand Seven
Hundred (3,700) miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources.
Law enforcement is based on responses to complaints more than on patrols
of the county,and the distances that must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection
is usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road.
Snow removal priorities mean that roads from subdivisions to an eiials may
not be cleared for several days after a major snowstorm. Snow removal for
roads within subdivisions are of the lowest priority for public works or may
be the private responsibility of the homeowners. Services in rural areas, in
many cases, will not be equivalent to municipal services.
(iv.) Children are exposed to different hazards in the county than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and
irrigation ditches,electrical power for pumps and center pivot operations,high
speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children Controlling children's activities is important,
not only for their safety,but also for the protection of the farmer's livelihood.
(v.) Parents must be responsible for their children.
y. . No basements shall be allowed in the project. Foundations must be designed by
a licenced engineer and must include a perimeter drain designed to remove water from
around the foundation.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Section 1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may
act in all instances on behalf of the Association, to:
15
a. Adopt and amend bylaws and rules and regulations and Architectural. Design
Standards;
b. Adopt and amend budgets or revenues, expenditures and reserves and collect
Assessments;
c. Hire and terminate managing agents and other employees, agents and independent
contractors;
d. Institute, defend or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more Owners on matters affecting the Project;
e. Make contracts and incur liabilities;
f. Regulate the use, maintenance, repair, replacement and modification of Common
Elements, if any;
g. Cause additional improvements to be made as a part of the Common Elements, if any;
h. Acquire, hold, encumber and convey in the name of the Association any right,title or
interest to real or personal property, except that Common Elements, if any, may be
conveyed or subjected to a security interest only if Members entitled to cast at least
eighty percent(80%)of the votes agree to that action and if all Owners of Residential
Units to which any Limited Common Element is allocated agree in order to convey
that Limited Common Element or subject it to a security interest;
i. Grant easements, leases, licenses and concessions through or over the Common
Elements, if any;
j. Annex additional property, pursuant to the terms of this Declaration, which does not
result in an increase in Annual Assessments of more than ten percent (10%) per
Owner;
k. Impose and receive any payments, fees or charges for the use, rental or operation of
the General Common Elements, if any;
1. 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
opportunity to be heard, levy reasonable fines for violations of the Association
Documents;
m. Impose reasonable charges for the preparation and recordation of amendments to the
Declaration or statements of unpaid Assessments;
16
n. Provide for the indemnification of its officers and Executive Board and maintain
directors' and officers' liability insurance;
o. Assign its right to future income, including the right to receive Assessments;
P. Exercise any other powers conferred by the Declaration or Association Bylaws;
q. Exercise all other powers that may be exercised in this state by legal entities of the
same type as the Association; and
r. Exercise any other powers necessary and proper for the governance and operation of
the Association.
ARTICLE VI
MECHANICS' LIENS
Section 1. No Liability. If any Owner shall cause any material to be furnished to his
Residential Unit or any labor to be performed therein or thereon, no Owner of any other Residential
Unit shall under any circumstances be liable for the payment of any expense incurred or for the value
of any work done or material furnished. All such work shall be at the expense of the Owner causing
it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and
other persons furnishing labor or materials to his Residential Unit.
Section 2. Indemnification. If, because of any act or omission of any Owner, any
mechanic's or other lien or order for the payment of money shall be filed against the Common
Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as
such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost
and expense cause the same to be canceled and discharged of record or bonded by a surety company
reasonably acceptable to the Association,or to such other Owner or Owners,within twenty(20)days
after the date of filing thereof, and further shall indemnify and hold all the other Owners and the
Association harmless from and against any and all costs, expenses, claims, losses or damages
including, without limitation, reasonable attorney fees resulting therefrom.
Section 3. Association Action. Labor performed or materials furnished for the Common
Elements, if any, if duly authorized by the Association in accordance with this Declaration or its
Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any.
Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against
an individual Residential Unit or Units.
17
ARTICLE VII
EASEMENTS
Section 1. Recorded Easements. The Property shall be subject to all easements as shown
on any Map or plat, those of record, those provided in the Act (including easements for en-
croachment set forth in Section 214 of the Act and an easement for maintenance of any such
encroachment), and otherwise as set forth in this Article .
Section 2. Utility Easements. There is hereby created an easement as denoted on the Map
for ingress and egress,installation, replacing,repairing and maintaining all utilities,including,but not
limited to, water, sewer, gas, telephone, cable TV, electricity, drainage and fences. Said easement
includes future utility services not presently available to the Residential Units which may reasonably
be required in the fixture. By virtue of this easement, it shall be expressly permissible for the
companies providing utilities to erect and maintain the necessary equipment on any of the Residential
Units and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above,
across and under the roofs and exterior walls of the improvements, all in a manner customary for such
companies in the area surrounding the Property, subject to approval by the Association as to
locations.
Section 3. Reservation of Easements, Exceptions and Exclusions. The Association is
hereby granted the right to establish from time to time, by declaration or otherwise, utility and other
easements, permits or licenses over the Common Elements, if any, for the best interest of all the
Owners and the Association.Each Owner is hereby granted a perpetual non-exclusive right of ingress
to and egress from the Owner's Residential Unit over and across the Common Elements appurtenant
to that Owner's Residential Unit, which right shall be appurtenant to the Owner's Residential Unit,
and which right shall be subject to limited and reasonable restriction on the use of Common Elements,
if any, set forth in writing by the Association.
Section 4. Use of Easement Area. Within reserved easements, as shown on recorded plats,
or herein reserved,there shall be no structure,tree or shrub planting, or any other material installation
which may damage or interfere with the installation or maintenance of utilities such as plumbed gas
or water lines,wired electrical,cable television,or telephone utility lines.Residential Unit Owner shall
not alter, inhibit, or change the direction of water flow in drainage channels established in said
easements or in any way that discharges drainage onto adjacent Residential Units. The easement area
of each Residential Unit and all improvements in it,including fences,shall be maintained continuously
in good repair by the Owner of said Residential Unit, except for those improvements for which a
public utility shall be responsible for. It shall be the responsibility of the Residential Unit Owner to
notify with due speed the appropriate public utility of any known flaws, defects, or damage to any
utility improvements on said Owners Residential Unit. Fencing shall be allowed in easement areas
only as approved by the Executive Board.
I8
Section 5. Emergency Access Easement. A general easement is hereby granted to all police,
sheriff,fire protection, ambulance and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
ARTICLE VIII
MAINTENANCE
Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his
Residential Unit, landscaping, and any structures or buildings thereon,including the fixtures thereof
to the extent current repair shall be necessary in order to avoid damaging other Owners and to
maintain a good appearance for the Project.
Section 2. Maintenance by Association. The Association shall be responsible for the
maintenance and repair of the Common Elements, (unless necessitated by damage caused by the
negligence,misuse or tortuous act of an Owner or Owner's Agent,in which case the person or Owner
causing the damage shall be responsible)including any drainage structure or facilities and any fences
constructed by Declarant within the utility easement reserved herein for Residential Units with
perimeter Residential Unit lines, and such maintenance and repair shall be the Common Expense of
all Owners. This maintenance of the Common Elements shall include, but shall not be limited to,
upkeep, repair and replacement, subject to any insurance then in effect, of all landscaping, walls,
fences, gates, signage, irrigation systems, and improvements located in the Common Elements if
any. In the event the Association does not maintain or repair the Common Elements, if any,Declarant
shall have the right, but not the obligation, to do so at the expense of the Association. The common
elements shall include the drainage ditch adjacent to the street right-of-way whether or not the
Association or Weld County has responsibility for maintaining said street.
Section 3. Association Maintenance as Common Expense. The cost of maintenance and
repair by the Association shall be a Common Expense of all of the Owners, to be shared by each
Owner equally.
ARTICLE IX
INSURANCE
Section 1. General Insurance Provisions. The Association shall acquire and pay for, out
of the Assessments levied in accordance with this Declaration, any insurance policies required by the
Colorado Common Interest Owners Act and such other Insurance as the Executive Board may,within
its discretion,determine desirable for the protection of the Common Elements,if any. Such insurance
19
required by this Article or the Colorado Common Interest Owners Act shall conform to the
requirements set forth in C.R.S. 38-33.3-313(4)(a)-(d) which are as follows:
a. Each Residential Unit Owner is an insured person under the policy with respect to
liability arising out of such Residential Unit Owner's interest in the Common Elements
or membership in the Association.
b. The insurer waives its rights to subrogation under the policy against any Residential
Unit Owner or member of his household.
c. No act or omission by any Residential Unit Owner,unless acting within the scope of
such Residential Unit Owner's authority on behalf of the Association, will void the
policy or be a condition to recovery under the policy.
d. 1f, at the time of a loss under the policy, there is other insurance in the name of a
Residential Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
An insurance policy issued to the Association does not obviate the need for Owners to obtain
insurance for their own benefit.
Section 2. Property and Commercial General Liability Insurance. Commencing not later
than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall
maintain, to the extent reasonably available:
a. Insurance on Common Elements. Property insurance on the Common Elements and
also on property that must become Common Elements for broad form covered causes
of loss, except that the total amount of insurance must be not less than the full
insurable replacement cost of the insured property less applicable deductibles at the
time the insurance is purchased and at each renewal date, exclusive of land,
excavations, foundations, and other items normally excluded from property policies.
b. Commercial General Liability Insurance. Commercial general liability insurance in
a minimum amount of$1,000,000.00 or otherwise larger amount deemed sufficient
in the judgment of the Executive Board against claims and liabilities arising in
connection with the ownership, existence, use or management of the Common
Elements, insuring the Executive Board,the Association,the management agent, and
their respective employees, agents, and all persons acting as agents. The Declarant
shall be included as an additional insured in such Declarant's capacity as the
Residential Unit Owner and board member. The Residential Unit Owners shall be
included as additional insureds but only for claims and liabilities arising in connection
with the ownership, existence, use, or management of the Common Elements and, in
20
cooperatives, also of all units. The insurance shall cover claims of one or more
insured parties against other insured parties.
Section 3. Notice. If any insurance required by this Article is not reasonably available, or
if any policy of such insurance is canceled or not renewed without a replacement policy therefore
having been obtained, the Association promptly shall cause notice of that fact to be hand delivered
or sent prepaid by United States mail to all Residential Unit Owners.
Section 4. Common Expenses. Premiums fihr insurance that the Association acquires and
other expenses connected with acquiring such insurance are Common Expenses.
Section 5. Fidelity Insurance. Fidelity insurance or fidelity bonds must be maintained by
the Association to protect against dishonest acts on the part of its officers, directors, trustees,
independent contractors and employees and on the part of all others including any manager hired by
the Association, who handle or are responsible for handling the funds belonging to or administered
by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such
insurance must be obtained by or for the Manager and its officers, employees and agents, as
applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain
waivers of all defenses based upon the exclusion of persons serving without compensation from the
definition of"employees"or similar terms or expressions. Such fidelity bonds shall be a minimum of
art amount equal to three (3) months' Assessments plus replacement reserves.
Section 6. Workers'Compensation Insurance. The Executive Board shall obtain workers'
compensation or similar insurance with respect to its employees, if applicable, in the amounts and
forms as may now or hereafter be required by law.
ARTICLE X
ASSESSMENTS
Section 1. Obligation. Each Owner,including Declarant while an Owner of any Residential
Unit,is obligated to pay to the Association(i)the Annual Assessments;(ii) Special Assessments; (iii)
Default Assessments; and (iv) Restoration Assessments.
Section 2. Budget. Within thirty (30) days after the adoption of any proposed budget for
the Association by the Executive Board pursuant to the terms of the Bylaws, the Executive Board
shall mail,by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners
and shall set a date for a meeting of the Owners to consider ratification of the budget not less than
fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless
at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed
by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote
21
of the Owners pursuant to the provisions in the Bylaws. The Executive Board shall levy and assess
the Annual Assessments in accordance with the annual budget.
Section 3. Annual Assessments. Annual Assessments made for Common Expenses shall
be based upon the estimated cash requirements as the Executive Board shall from time to time
determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not
be limited to, the cost of routine maintenance and operation of the Common Elements, if any,
expenses of management and insurance premiums for insurance coverage as deemed desirable or
necessary by the Association, landscaping of the Property, care of grounds within the Common
Elements, if any,routine repairs, replacements and renovations within and of the Common Elements,
if any, wages, common water and utility charges for the Common Elements, if any, legal and
accounting fees, management fees, expenses and liabilities incurred by the Association under or by
reason of this Declaration, payment of any default remaining from a previous assessment period, and
the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance
deductibles and general, routine maintenance, repairs and replacement of improvements within the
Common Elements, if any, on a periodic basis, as needed.
Annual Assessments shall be payable within thirty (30) day of the Executive Board 'nailing
Notice of said assessment to the Owners. The omission or failure of the Association to fix the 4nnual
Assessments for any assessment period shall not be deemed a waiver, modification or release of the
Owners from their obligation to pay the same. The Association shall have the right, but not the
obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses
incurred in any fiscal year.
Section 4. Apportionment of Annual Assessments. The Common Expenses shall he
allocated among the Residential Units equally for Common Expenses in effect on the date of
assessment.
Section 5. Special Assessments. In addition to the Annual Assessments, the Association
may levy in any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of improvements within the
Common Elements, if any, or for any other expense incurred or to be incurred as provided in this
Declaration. This Section shall not be construed as an independent source of authority for the
Association to incur expense, but shall be construed to prescribe the manner of assessing expenses
authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall
be assessed to Owners according to their Allocated Interests for Common Expenses, subject to the
right of the Association to assess only against the Owners of affected Residential Units any
extraordinary maintenance, repair or restoration work on fewer than all of the Residential Units shall
be borne by the Owners of those affected Residential Units only, and any extraordinary insurance
costs incurred as a result of the value of a particular Owner's Residential Unit or the actions of a
particular Owner (or his agents, servants, guests, tenants or invitees) shall be borne by that Owner.
Notice in writing of the amount of such Special Assessments and the time for payment of tt he Special
22
Assessments shall be given promptly to the Owners, and no payment shall be due less than ten (10)
days after such notice shall have been given.
Section 6. Default and Restoration Assessments. All monetary fines assessed against an
Owner pursuant to the Association Documents, or any expense of the Association which is the
obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to
the Association Documents, shall be a Default or Restoration Assessment and shall become a lien
against such Owner's Residential Unit which may be foreclosed or otherwise collected as provided
in this Declaration. Notice of the amount and due date of such Default or Restoration Assessment
shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date.
Section 7. Effect of Nonpayment;Assessment Lien. Any Assessment installment, whether
pertaining to any Annual, Special,Default or Restoration Assessment,which is not paid on or before
its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association,
in its sole discretion, may take any or all of the following actions:
a Assess a late charge for each delinquency in such amount as the Association deems
appropriate;
b. Assess an interest charge from the due date at the yearly rate of eighteen percent
(18%), or such other lawful rate as the Executive Board may establish;
c. Suspend the voting rights of the Owner during any period of delinquency,
d. Suspend the rights of the Owner, and the Owner's family, guests, lessees and invitees,
to use Common Element facilities during any period of delinquency;
e. Accelerate all remaining Assessment installments so that unpaid Assessments for the
remainder of the fiscal year shall be due and payable at once;
f. Bring an action at law against any Owner personally obligated to pay the delinquent
Assessments; and
g. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Residential Unit. shall constitute a lien on such Residential
Unit. The Association may institute foreclosure proceedings against the defaulting Owner's
Residential Unit in the manner for foreclosing a mortgage on real property under the laws of the State
of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid
Assessments, any penalties and interest thereon, the cost and expenses of such proceedings,the cost
and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in
connection with the enforcement of the lien. The Association shall have the power to bid on a
23
Residential Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Liens for Assessments shall be as provided in C.R.S. 38-33.3-316.
Section 8. Personal Obligation. Except for the Assessment lien, each Assessment against
a Residential Unit is the personal obligation of the person who owned the Residential Unit at the time
the Assessment became due and shall not pass to successors in title unless they agree to assume the
obligation. No Owner may exempt himself from liability for the Assessment by abandonment of his
Residential Unit or by waiver of the use or enjoyment of all or any part of the Common Elements, if
any. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon,
the cost and expenses of such proceedings, and all reasonable attorney's fees in connection therewith
shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9. Payment by Mortgagee. Any Mortgagee holding a lien on a Residential Unit
may pay any unpaid Assessment payable with respect to such Residential Unit,together with any and
all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall
have a lien on the Residential Unit for the amounts paid with the same priority as the lien of the
Mortgage.
Section 10. Statement of Status Assessment Payment. Upon payment of a reasonable fee
set from time to time by the Executive Board and upon fourteen (14) days' written request to the
Association's registered agent by personal delivery or certified mail,first class postage prepaid,return
receipt,any Owner,designee of Owner,Mortgagee,prospective Mortgagee or prospective purchaser
of'a Residential Unit shall be furnished with a written statement setting forth the amount of the unpaid
Assessments, if any, with respect to such Residential Unit. Unless such statement shall be issued by
personal delivery or by certified mail, first class postage prepaid, return receipt requested., to the
inquiring party (in which event the date of posting shall be deemed the date of delivery) within
fourteen(14)days after receipt of the request,the Association shall have no right to assert a lien upon
the Residential Unit over the inquiring party's interest for unpaid Assessments which were due as of
the date of the request.
Section 11. Maintenance Accounts; Accounting. If the Association delegates powers of
the Executive Board or its officers relating to collection, deposit, transfer or disbursement of
Association funds to other persons or to a Manager, then such other persons or Manager must 6)
maintain all funds and accounts of the Association separate from the funds and accounts of other
associations managed by the other person or Manager(ii) maintain all reserve and working capital
accounts of the Association separate from the operational accounts of the Association, and provide
to the (iii) Association an annual accounting and financial statement of Association funds prepared
by the Manager, a public accountant or a certified public accountant.
ARTICLE X:1
CONDEMNATION
24
Section 1. Rights of Owners. Whenever all or any part of the Common Elements shall be
taken by any authority having power of condemnation or eminent domain or whenever all or any part
of the Common Elements is conveyed in lieu of a taking under threat of condemnation by the
Executive Board acting as attorney-in-fact for all Owners under instructions from any authority
having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the
taking or conveying.
The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the
condemnation proceeding, unless otherwise prohibited by law.
Section 2. Partial Condemnation. The award made for such taking shall be payable to the
Association for the benefit of the Owners and Mortgagees and, unless otherwise required under the
Act, the award shall be disbursed as follows:
If the taking involves a portion of the Common Elements on which improvements have been
constructed,then,unless within sixty(60)days after such taking,Declarant and Owners who
represent at least eighty percent(80%)of the votes of all of the Owners shall otherwise agree,
the Association shall restore or replace such Common Elements so taken on the remaining
land included in the Common Elements to the extent lands are available for such restoration
or replacement in accordance with plans approved by the Executive Board. If such Common
Elements are to be repaired or restored, the provisions above regarding the disbursement of
funds in respect to casualty damage or destruction which is to be repaired shall apply If the
taking does not involve any Common Elements, or if there is a decision made not to repair
or restore, or if there are net funds remaining after any such restoration or replacement is
completed, then such award or net funds shall be distributed equally among the Residential
Units, first to the Mortgagees and then to the Owners, as their interests appear.
Section 3. Complete Condemnation. If all of the Property is taken, condemned, sold or
otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this
Declaration shall terminate, provided that the approval is first obtained of sixty percent(60%)of First
Mortgagees of Residential Units subject to First Mortgages(which percentage is measured by votes
allocated to such Residential Units), and the portion of the condemnation award attributable to the
Common Elements shall be distributed as provided above regarding disbursement of funds for partial
condemnation.
ARTICLE XII
ASSOCIATION AS ATTORNEY-IN-FACT
Section 1. Association as Attorney-in-Fact. Each Owner hereby irrevocably appoints the
Association as the Owner's true and lawful attorney-in-fact for the purposes of purchasing and
maintaining insurance pursuant to this Declaration, including the collection and appropriate
disposition of the proceeds thereof,the negotiation and settlement oflosses and execution of releases
25
of liability, the execution of all documents, and the performance of all other acts necessary to
purchase and maintain insurance as well as dealing with any improvements covered by insurance
written in the name of the Association upon their damage or destruction, or a complete or partial
taking as provided above. Acceptance by a grantee of a deed or other instrument of conveyance or
any other instrument conveying any portion of the Property shall constitute appointment of the
Association as the grantee's attorney-in-fact, and the Association shall have full authorization, right
and power to make, execute and deliver any contract, assignment, deed, waiver or other instrument
with respect to the interest of any Owner which may be necessary to exercise the powers granted to
the Association as attorney-in-fact.
ARTICLE XIII
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS
Section 1. Reservation of Withdrawal Rights. Declarant reserves the right for himself and
any Successor Declarant at any time and from time to time to withdraw from the provisions of this
Declaration, Residential Units and/or Common Elements provided, however, that a Residential Unit
may not be withdrawn after that Residential Unit has been conveyed by Declarant to a purchaser.
Additionally, none of the Common Elements may be withdrawn after any Lot is conveyed by
Declarant to a purchaser.
Section 2. Other Reserved Rights. Declarant reserves the right for himself and any
Successor Declarant at any time and from time to time to maintain and relocate sales offices,
management offices, signs advertising the Project of any size on one or more Residential Units and
within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner
of a Residential Unit or the period of Declarant control has not terminated pursuant to the terms of
the Association Documents.
Section 3. Termination of Rights. The rights reserved to the Declarant for himself, his
successors and assigns in this Article shall expire, unless sooner terminated as required by the Act
upon the earlier of: (i)sixty(60)days after conveyance of eighty percent(80%)of initially designated
Residential Units to Owners other than Declarant; (ii) two (2) years after Declarant has ceased to
offer Residential Units for sale in the ordinary course of business; or(iii)two(2)years after any right
to add new Residential Units was last exercised. My management contracts, contracts or leases
between the Association and the Declarant or an affiliate of the Declarant, or any contracts or leases
which are not bona fide or were unconscionable to the Owners may be terminated by the Executive
Board after the end of the Declarant control upon not less than ninety (90) days' notice to the other
party.
Section 4. Transfer of Records. Within sixty (60) days after the Owners other than the
Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the
Association all property of the Owners and of the Association held by or controlled by the Declarant,
including the following:
26
a. The original or a certified copy of this recorded Declaration;
b. An accounting for Association funds and financial statements from the date the
Association received funds and ending on the date the period of Declarant control
ended;
c. The Association funds or control thereof;
d. A copy of any plans and specifications used in the construction of the Common
Elements, if any;
e. All insurance policies in force;
f. All certificates of occupancy, if any;
g. Any other permits issued by governmental bodies applicable to the common interest
community and which are currently in force or which were issued within one year
prior to the date on which Owners other than the Declarant took control of the
Association;
h. Written warranties of any contractors, subcontractors, suppliers, and manufacturers
that are still effective;
i. A roster of Owners and mortgagees and their addresses and telephone numbers, if
known, as shown in the Declarant's records;
j. Employment contracts in which the Association is a contracting party; and
k. Any service contract in which the Association is a contracting party or in which the
Association or the Owners have any obligation to pay a fee to the person(s)
performing the service.
ARTICLE XIV
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers or guarantors of First
Mortgages on Residential Units. To the extent permitted under Colorado law and applicable,
necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles,
Bylaws and Rules and Regulations of the Association.
Section 1. Distribution of Insurance or Condemnation Proceeds. In the event of a
distribution of insurance proceeds or condemnation awards allocable among the Residential Units for
losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person
27
shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary
of a First Mortgage against the Residential Unit.
Section 2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against
Residential Units may,jointly or singularly,pay taxes or other charges which are in default and which
may or have become a charge against any Common Elements, and may pay overdue premiums on
hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such
Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement
therefor from the Association.
Section 4. Audited Financial Statement. Upon written request from any Agency or
Mortgagee which has an interest or prospective interest in any Residential Unit or the Project, the
Association shall prepare and furnish within ninety (90) days an audited financial statement of the
Association for the immediately preceding fiscal year, at the expense of such Mortgagee.
Section 5. Notice of Action. Any First Mortgagee and any Agency which holds, insures or
guarantees a First Mortgage, upon written request to the Association (which shall include the
Agency's name and address and the Residential Unit number),will be entitled to timely written notice
of:
a. Any proposed amendment of the Association Documents effecting a change in(i)the
boundaries of any Residential Unit or the exclusive easement rights appertaining
thereto, (ii)the interest in the Common Elements appurtenant to the Residential Unit
or the liability of Assessments relating thereto, (iii) the number of votes in the
Association relating to any Residential Unit, or (iv) the purposes to which any
Residential Unit or the Common Elements are restricted or any amendment or
expansion as set forth below;
b. Any proposed termination of the common interest community;
c. Any condemnation loss or any casualty loss which affects a material portion of the
Project or which affects any Residential Unit on which there is a First Mortgage held,
insured or guaranteed by such Agency;
d. Any delinquency in the payment of Assessments owed by an Owner subject to the
Mortgage where such delinquency has continued for a period of sixty (60) days;
e. Any lapse, cancellation or material modification of any insurance policy maintained
by the Association pursuant to this Declaration.
Section 6. Action by Mortgagee. If this Declaration or any Association Documents require
the approval of Mortgagees then, if any Mortgagee fails to respond to any written proposal for such
approval within thirty(30)days after such Mortgagee is given proper notice of the proposal 1 or such
longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such
28
proposal provided that the notice was delivered to the Mortgagee by certified or registered mail,
return receipt requested.
ARTICLE XV
DURATION OF COVENANTS AND AMENDMENT
Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind
the land for twenty(20)years and shall be automatically extended for successive twenty-year periods,
unless an instrument is signed revoking or terminating the Project pursuant to the provisions of this
Declaration or the Act.
Section 2. Amendment. This Declaration, or any provision of it, may be amended at any
time by Owners holding not less than eighty percent(80%) of the votes possible to be cast under this
Declaration at a meeting of the Owners called for that purpose. Annexation of property which will
result in an increase of Annual Assessments to each Owner of less than ten percent (10°/u) of the
Annual Assessments assessed in the previous year shall not require an affirmative vote of the First
Mortgagees or the Owners. If approval of the First Mortgagees is required, such approval shall first
be obtained from sixty percent (60%) of First Mortgagees of Residential Units subject to a First
Mortgage (which percentage is measured by votes allocated to such Residential Units) A First
Mortgagee shall be entitled to notice and the right to approve amendments, in accordance with the
provisions of this Declaration, if the amendment to the Association Documents add any material
provisions which establish, provide for, govern or regulate any of the following:
a. Voting;
b. Increases in Annual Assessments greater than ten percent (10%) of the Annual
Assessments assessed in the previous year, Assessment liens or subordination of such
liens;
c. Reserves for maintenance or repair and replacement of the Common Elements;
d. Insurance or fidelity bonds;
e. Reallocation of interests in the Common Elements, or rights to use of the Common
Elements;
f. Responsibility for maintenance and repair of the Project;
g. Expansion or contraction of the common interest community, the addition or
withdrawal of property to or from the common interest community, or annexation
except as provided in this Declaration;
29
h. Boundaries of any Residential Unit;
i. The interests in the Common Elements;
j. Convertibility of Residential Units into Common Elements or of Common Elements
into Residential Units;
k. Hazard or fidelity insurance requirements; and
1. Restoration or repair of the Association(after damage or partial condemnation)other
than as specified herein.
Any amendment must be executed by the President of the Association and recorded, and
approval of such amendment may be shown by attaching a certificate of the Secretary of the
Association to the recorded instrument certifying the approval of a sufficient number of Owners of
the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right
and power to modify and amend this Declaration and the Map to the fullest extent permitted under
the Act and this Declaration.
Section 3. Revocation. This Declaration shall not be revoked nor shall the regime created
hereby be terminated (except as provided above regarding total destruction and/or total
condemnation), without (i) the consent of all of the Owners evidenced by a written instrument duly
recorded with the Clerk and Recorder and (ii) the consent of eighty percent (80%) of First
Mortgagees of Residential Units subject to First Mortgages(which percentage is measured by votes
allocated to such Residential Units)
ARTICLE XVI
ANNEXATION OF ADDITIONAL PROPERTY
Section 1. Annexation with Approval of Executive Board or Owners. The Executive
Board of the Association may annex additional residential real property whose use is harmonious with
the uses of the Property within the Association to the provisions of this Declaration upon request by
and with the consent of the Owner of such property during and after the period of Declarant Control.
Any such proposed annexation shall be approved by the Executive Board by a vote of a simple
majority of a quorum of Directors entitled to vote, as such quorum is defined in the Bylaws, and
without notice to or first obtaining the affirmative approval of the majority of the Owners unless the
proposed annexation will result in an increase in Annual Assessments to all Owners of more than ten
percent(10%) of the Annual Assessments assessed in the previous year. In such a case, the Owners
shall receive notice of the proposed annexation as provided in the Association Documents and shall
be entitled to vote on the proposed annexation. Mortgagees requesting notice under the provisions
of this Declaration shall be notified accordingly and shall be entitled to vote on any proposed
annexation which requires a vote of the Owners. After approval of by the First Mortgagees of
30
Residential Units subject to First Mortgages as set forth above has been obtained, a sixty percent
(60%) majority of all of the Owners entitled to cast a vote shall constitute approval of the proposed
annexation and corresponding increase in Assessments.
After approval by the Executive Board or the Owners, as the case may be, annexation shall
be accomplished by filing a Supplemental Declaration and a Supplemental Map, describing the
property being annexed, with the Clerk and Recorder. Any such Supplemental Declaration shall be
signed by the President and the Secretary of the Association and by the Owner of the annexed
property. The Owner proposing the annexation shall bear the cost of having a Supplemental Map of
the annexed property prepared by a licensed surveyor If an affirmative vote of the First Mortgagees
and the Owners was required, the Supplemental Declaration and Supplemental Map shall be
accompanied by a certificate of the Secretary of the Association certifying the approval of a sufficient
number of First Mortgagees and Owners of the proposed annexation. Any annexation shall be
effective upon filing unless otherwise provided in the Supplemental Declaration.
Section 2. Acquisition of Common Elements. Declarant may convey additional real estate,
improved or unimproved, located within the Project or adjacent thereto, which upon conveyance or
dedication to the Association shall be accepted by the Executive Board on behalf of the Association
and thereafter shall be maintained by the Association at its expense for the benefit of all its members.
Section 3. Amendment. This Article shall not be amended without the written consent of
Declarant, so long as the Declarant owns twenty percent (20%) or more of the Residential Units
Section 4. Effect. The filing of a Supplemental Declaration and Supplemental Map,annexing
property to the Association shall not be construed as an amendment to this Declaration requiring a
vote of eighty percent (80%) of the Owners under the provisions of this Declaration.
ARTICLE XVII
GENERAL PROVISIONS
Section 1. Restriction on Declarant Powers. Notwithstanding anything to the contrary
herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or
permissible extent of such rights or powers as restricted under the Act. Any provision in this Declara-
tion in conflict with the requirements of the Act shall not be deemed to invalidate such provision as
a whole but shall be adjusted as is necessary to comply with the Act.
Section 2. Covenants Run with the Land. It is expressly understood and agreed
that all covenants, conditions, and restrictions contained herein are intended to and shall run
with the land, and Declarant hereby agrees, for himself and his successors and assigns, that
such covenants, individually and collectively, touch and concern the land and shall be binding,
fully in all respects upon Declarant's successors in title to the land, regardless of how succession of
title may be accomplished.
31
Section 3. Enforcement. Except as otherwise provided in this Declaration, the Executive
Board, Declarant or any Owner shall have the right to enforce, by a proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant or
by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event
be deemed a waiver of the right to do so thereafter.
Section 4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
Section 5. Conflicts Between Documents. In case of conflict between this Declaration and
the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict
between the Articles and the Bylaws, the Articles shall control.
DECLARANT:
Jim Bates
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2000, by Jim Bates.
WITNESS my hand and official seal.
My commission expires: _
Notary Public
32
EXHIBIT A
MINIMUM ARCHITECTURAL DESIGN STANDARDS FOR
RESIDENTIAL CONSTRUCTION
COALBANK CREST PUD
Section 1. Diversity of Architectural Styles. It is the intent of these guidelines to insure that
each home remains compatible with the neighborhood as a whole. Domes, hyperbolic parabolas,
modular homes, mansard roofs, and flat roofs will not be permitted in Coalbank Crest PUD unless
specifically approved by the Executive Board.
Section 2. Minimum Square Footage and Building Height. The ground floor finished area
of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than two
thousand (2,000) square feet for a one-story residence; not less than one thousand five hundred
(1,500) square feet for the first floor of a two-story residence; and, not less than two thousand
(2,000) square feet above grade for the floors of a bi-level, tri-level or raised ranch residence. The
total square footage minimum for the main floor and upper floors of a two-story,multi-level,hi-level,
tri-level, or raised ranch residence shall not be less than two thousand (2,000) square feet. The
maximum building height of any residence constructed shall be thirty(30) feet measured from the
top of the foundation to the crest of the highest roof line (excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be between 5/12 and 12/12.
Section 4. Exterior Elevations of Residences. Any residential plan should be designed to
look attractive from all four sides. Decorative elements(masonry veneer, shutters,dormer windows,
etc.)should not be limited to the front side of the residence. Fireplaces and full height of any chimney
must be fully enclosed with compatible material or masonry to the exterior siding of the residence.
Section 5. Residence Window and Door Placement. The placement of windows and doors
within the residence on flat walls should align vertically and horizontally and should not be randomly
located.
Section 6. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Wood siding shall be restricted to natural wood boards or shingles, stained or painted,
with a minimum recommended twenty percent (20%) pigment.
b. Hardboard siding shall be restricted to pre-finished or painted with natural colors as
defined in Section 7.
33
c. Masonry siding shall be required for a minimum of seventy five percent(75%)net of
window and door openings of the entire residence. The Executive Board may alter
this requirement to accommodate specific styles of construction where,in the opinion
of the Executive Board, the masonry requirements would be detrimental to the style,
look and appeal of the home.
d. Garage fronts that are recessed or side load are encouraged.
e. The roofing material to be utilized upon homes in the subdivision shall be a minimum
twenty five(25)year heritage or equivalent. Roofing colors must be limited to natural
material colors or earth tone.
f. Window frames shall be painted wood, natural wood, painted steel, anodized painted
aluminum, or vinyl cladding.
g. Foundation walls shall not be exposed, except six inches above grade.
h. MI fascia shall be a minimum of twelve (12) inches and all soffits shall be a minimum
of eighteen (18) inches.
Section 7. Color of Exterior Materials. ALL EXTERIOR COLORS MUST BE
APPROVED BY THE EXECUTIVE BOARD PRIOR TO CONSTRUCTION.The color of exterior
materials used on the residence must be subdued and blend with the colors of the natural landscape.
Earth tones, generally muted, are recommended. Accent colors on exterior doors, window frames,
fascias, soffits and trim,used with restraint and in a manner which does not exceed ten percent(10%)
of the surface of the residence, may be approved by the Executive Board.
Section 8. Setbacks. The setbacks which will be enforced by the Executive Board are the
same building setbacks that are required by the County of Weld, Colorado.
Section 9. Site Grading. Exterior grading shall be adequate for drainage away from the
house and adjacent houses; however, the grading shall not be forced to allow basement garden level
or walkout windows and doors,except through the use of area walls. The type of grading and design
of each lot is shown on the recorded plat and must be adhered to. Houses shall be sited to
complement existing or planned houses on adjacent sites. Large elevated decks or patios are
discouraged..
SIWOOMBatos\Documents1Asso Cownanm.wpd 34
July 10,2000
NOTICE
The Department of Planning Services of Weld County, Colorado, on August 31, 2000, conditionally
approved S-541, a Planned Unit Development Final Plan-Administrative Review for a 5-Lot PUD for the
property and purpose described below. Conditional approval of this plan creates a vested property right
pursuant to Article 68 of Title 24, C.R.S., for a period of three years.
APPLICANT: Jim I3ates
36961 WCR 31, Eaton, CO 80615
LEGAL DESCRIPTION: LotB of AmRE-2279, Part of Section 33, Township 7 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
TYPE AND INTENSITY OF APPROVED USE: Planned Unit Development Final Plan-Administra ire
Review for a 5-Lot PUD
SIZE OF PARCEL: 12.8 acres, more or less
Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested
property right.
Department of Planning Services
Weld County, Colorado
To be published in the South Weld Sun.
To be published one (1) time by September 28, 2000.
, . •.,: .. .
•
c� ? (t) -rryS
Hello