HomeMy WebLinkAbout20002516.tiff PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTT USE ONLY:
Case Number c S Application Fee: °i cc. t17
Zoning D ri _ . Receipt Number a
Date i(/(�t,
Application Checked B
Planner Assigned to Case:
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: part of sections 28 & 33 T7N R67W of the 6th P.M. County of Weld,
State of Colorado •
- (If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER: 0 7 0 5 3 3 0 0 0 0 0 3 (12 digit number found on Tax I.D.or obtained in Assessor's Office.)
NAME OF PROPOSED PUD SUBDIVISION
Soaring Eagle Ranch PUD
EXISTING ZONING PUD CHANGE OF ZONE CASE
NUMBER 537
TOTAL AREA(ACRES)± 383 TOTAL AREA(acres) OF COMMON OPEN SPACE 64.92
NO. OF PROPOSED LOTS 114 LOT SIZE: AVERAGE 2.51 Acres MINIMUM 1 .5 Acres
UTILITIES: WATER: NAME North Weld Water District
SEWER: NAME peptic
GAS: NAME Public Service
PHONE: NAME Qwest
ELECTRIC: NAME PNIAYP Valley RFA
DISTRICTS: SCHOOL: NAME Windsor RE: 4
FIRE: NAME Windsor / Severance Fire District
ENGINEERS NAME Northern Engineering PHONE (970)221-4158
ADDRESS 420 S. Howes St. #202 Ft. Collins, CO PHONE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: George A. Nelson Farms, Inc. HOME TELEPHONE:
ADDRESS: 8088 WCR 78. Ft. Collins, CO 80524 BUS. TELEPHONE: (970)686-2848
NAME: Cu]lison Family Farms, LLC HOME TELEPHONE:
ADDRESS: 1118 Green Acres Cr . Cheyenne. WY 82009 BUS. TELEPHONE: (307)634-7018
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: p e -i r r(�,n an;e HOME TELEPHONE:) A
ADDRESS: 5036 s.College Ave. , Ft. Collins, CO 8U52�US. TELEPHONE: (970)276-1500
OWNERS) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES:
NAME: See attached list
ADDRESS:
L- L '''':-17."--
George A. Nelson Farms, Inc. Cullison Family Farms, LI.C
Owner�jy Owner
-7/e 4i.e4#1 2000-2516
Everitt Companies 22
Applicant
ikipt
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
WELD COUNTY P.U.D.
August 23, 2000
EVEIITT
COMPANIES
3030 SOUTH COLLEGE
FORT COLLINS, CO 80525
970-226-1500
970-223-4156 FAX
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
TABLE OF CONTENTS
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
SUBJECT PAGE
INTRODUCTION 1
PLAN REVISIONS 1
COMPONENT ONE: ENVIRONMENTAL IMPACTS 3
Noise and Vibration 3
Smoke, Dust and Odors 3
Heat, Light and Glare 3
Visual and Aesthetic Impacts 3
Electrical Interference 3
Water Pollution 4
Waste Water Disposal 4
Wetland Removal 4
Erosion and Sedimentation 4
Excavating, Filling and Grading 4
Drilling, Ditching and Dredging 4
Air Pollution 4
Solid Waste 5
Wildlife Removal 5
Natural Vegetation Removal 5
Radiation/Radioactive Material 5
Figure 1: Wildlife Components 6
COMPONENT TWO: SERVICE PROVISION IMPACTS 7
Schools 7
Law Enforcement 7
Fire Protection 7
Ambulance 7
Transportation 7
Traffic Impact Analysis 7
Storm Drainage 8
Utility Provisions 8
Water Provisions 8
Sewage Disposal Provisions 8
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
COMPONENT THREE: SITE DESIGN 11
Buffers from Adjacent Land Uses 11
Lineal Clustering and Density Shifting 13
Figure 3: Lineal Clustering and Open Space 13
Figure 4: Typical Individual Lot Design Components 14
Individual Lot Design 15
Open Space 15
Trails and Interpretive Station 15
Community Irrigation System 16
Planting and Irrigation Techniques 16
Enhancement and Buffering of Wildlife Habitat 16
Site Design Responses to Requirements 17
Summary Chart of Land Use and Residential Land Use 19
COMPONENT FOUR: COMMON OPEN SPACE 20
Wildlife Corridors 21
Interpretive Station 21
Trail System 21
Figure 4: Typical Individual Lot Landscape 22
COMPONENT FIVE: LANDSCAPE AND IRRIGATION 23
Common Open Space Landscape 23
Entry Landscape 23
Homeowner Landscape 24
Buffering of Adjacent Land Use &Wildlife Habitat 24
Sustainability of Bald Eagle Perches 25
Landscaping Elements Responses to Requirements 25
Irrigation 26
Summary of Peak Season Design & Annual Water Requirements 27
Notes to Summary of Peak Season Design 28
COMPONENT SIX: SIGNAGE 29
COMPONENT SEVEN: M.U.D. IMPACT 29
COMPONENT EIGHT: INTERGOVERNMENTAL AGREEMENT IMPACTS..29
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
WELD COUNTY P.U.D.
INTRODUCTION:
Soaring Eagle Ranch is a development proposal located in Weld County,
approximately 5 miles north of Windsor adjacent to the east side of Colorado State
Highway #257. It is proposed as a P.U.D. of estate type lots. The following is a
response to the Development Guide Requirements of Weld County. We have
selected the "Conceptual Development Guide" option.
PLAN REVISIONS:
The following revisions were made to the Sketch Plan in response to Weld
County Planning comments and other referral comments:
1) The neighborhood open space has been increased to exceed the 15%
minimum requirement. Improved access to this open space has also been
added so every lot is either adjacent to or within 600' of common area open
space.
2) The trail system has been enhanced and revised so it no longer is in close
proximity to the Reservoir or encroaches into the wetland area.
3) Lots around the existing trees have been eliminated and a restricted access
buffer area with landscape screening has been created to address Colorado
Division of Wildlife issues regarding eagles.
4) A school bus stop location has been determined. It is located on Soaring
Eagle Circle between Kingfisher Court and Twin Heron Court.
5) All access to all lots in the development will be directed to the two approved
intersections on Colorado Highway#257.
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SOARING EAGLE RANCH
6) The roadways and greenbelts in the north 1/3 of the proposal have been
slightly changed to increase the amount of greenbelt, better facilitate access
to the greenbelts, accommodate wildlife issues, and improve overall
drainage in this area.
7) Some revised sizing and shaping of lots has been done to address the above
mentioned issues.
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COMPONENT ONE
ENVIRONMENTAL IMPACTS
A. NOISE AND VIBRATION: Ultimately this development proposal will
consist of single family dwellings which will have noises typically associated
with a low density housing subdivision (i.e. household activity, lawn
maintenance, trash and delivery service, etc.) Because of the distances
between homes, as well as the extensive greenbelts and setbacks, the
impacts of these types of uses will be minimal. Generally, this type of use
does not cause excessive or noticeable vibration.
During construction of the development, as well as home construction, there
will be a higher level of noise and vibration. Care will be taken to schedule
work during normal daylight hours to avoid excessive nuisance, and the
Protective Covenants will have criteria for building that will address these
issues.
B. SMOKE, DUST AND ODORS: The ultimate use of single family homes will
generate very little smoke, dust, and odors, particularly since the entire site
will be either paved or landscaped at build-out. To mitigate dust during
construction, watering of exposed areas will be practiced. Furthermore,
once the overlot grading is completed and the utilities and streets have been
cut and installed, the site will be seeded with a drought tolerant native type
grass that will be maintained on all lots and open spaces throughout the
development and building processes.
C. HEAT, LIGHT AND GLARE: These impacts should be minimal during
construction and when the homes are occupied.
D. VISUAL AND AESTHETIC IMPACTS: Many aesthetic elements will
be integrated into the land plan, landscaping, fencing, signage, architectural
control criteria, protective covenants and other components to enhance the
visual and aesthetic impacts of this development. Please refer to "Component
Five: Landscaping and Irrigation" and "Component Three: Site Design" for
further information.
E. ELECTRICAL INTERFERENCE: This is not applicable because the
electrical service to the neighborhood is ordinary electrical service, buried
underground to each lot.
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F. WATER POLLUTION: It is recognized that this site is in close proximity
to Big Windsor Reservoir and the Eaton Ditch, and that water quality is an
issue. Submitted with this application is a preliminary drainage plan that
identifies the drainage basins of the project, and where and how site water
will be conveyed. Many water quality enhancement features will be
incorporated into the design and technical support information to assure
superior water quality treatment where needed. Some of these features
include a centralized retention pond that collects a large portion of
generated storm water to settle and clarify; extensive grassy areas to control
erosion as well as to trap sediment; enhanced wetlands for clarification and
wildlife habitat. These and other water quality features will keep water
pollution to a minimum.
G. WASTE WATER DISPOSAL: Waste water in the form of storm water is
discussed above in Section F. Sewer waste water will be treated using
individual septic systems. Please refer to Component Two, Section J, - Sewage
Disposal Provisions.
H. WETLAND REMOVAL: There is a small area of seepage from the
Eaton Ditch that could be considered a marginal wetland. This area will be
designated an open space common area and these wetlands will be repaired
and enhanced. No wetland is to be removed from the site.
EROSION AND SEDIMENTATION: As discussed earlier, many
precautions will be taken to address short term and long term erosion and
sedimentation issues. State of the art Best Management Practices for water
quality will be employed to meet or exceed Weld County standards.
J. EXCAVATING, FILLING AND GRADING: All development activity
will conform to approved plans and will be done to cause the least
disturbance to the existing environment. Home building will be monitored
and managed using the Architectural Control mechanisms built into the
Protective Covenants.
K. DRILLING, DITCHING AND DREDGING: None of these activities
will occur.
L. AIR POLLUTION: Low density housing in a rural environment
generally results in fewer automobile trips compared to urban type
developments. Furthermore, highway travel at higher speeds generates far
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DEVELOPMENT GUIDE
SOARING EAGLE RANCH
less pollution per mile than more congested travel. These two components
should help to keep air pollution from automobile travel at a minimum. On-
site trails and recreation areas also offer residents areas that are
complimentary to pedestrian travel and/or bicycling, also reducing air
pollution. Also see "B. Smoke, Dust and Odors."
M. SOLID WASTE: Trash removal will be coordinated through the
Homeowners Association to reduce the frequency of trash trucks through the
neighborhood. Solid sewage disposal will be handled with on-site septic
systems. See "G. Waste Water Disposal."
N. WILDLIFE REMOVAL: Wildlife impacts have been a major concern
since the inception of this development proposal. Many suggestions from the
Colorado Division of Wildlife, as well as other wildlife experts, have helped
direct the land planning and other elements that will mitigate the impacts on
wildlife. Design characteristics such as setbacks, wildlife movement
corridors, open spaces, ponds, wetlands, etc., combined with creative
landscaping such as seed mixes of grassy areas, screening plantings around
more sensitive habitat areas, limited fencing to accommodate wildlife
movement, etc., blend together in an exceptional subdivision plan that is
very sensitive to wildlife issues. It is expected that many of the mitigation
techniques incorporated in the Soaring Eagle Ranch development will
become industry standards to assure a sustainable inter-relationship
between wildlife and development. See Next Page:
O. NATURAL VEGETATION REMOVAL: Presently there is little if any
natural vegetation because the property is almost entirely cultivated or
grazed. Please refer to "Component Five -Landscape and Irrigation."
P. RADIATION/RADIOACTIVE MATERIAL: This area is not known
for high radon levels and the more permeable soils of the site are less likely
to have high levels of radiation. Precautions will be taken during the home
building process to meet all applicable regulations regarding radon in Weld
County.
5
• .'
•
_ \ Wetlands
\Open Space / ' I \\ ' \ N.
x/ • Open Space These wetlands,which are heavily
\ \'. �r_ . .` \- grazed presently,will be renovated
' 1 _ \ ,., �� and placed into an open space tract as
N r I I I••,�'/ a part of this project. The trail which
Vetlands \ I 1 ' // // ` runs adjacent to this wetland will be
screened with plantings. This wetland
•
I I• t t 7 open space is interconnected to the
' open space throughout the
. \• I' t , // \ subdivision.
i • i ` i
• ` •
• . Interpretive Station
_VIE_W to . . • This viewpoint will focus human
\ • activity in a location which is
MOU n�alrlS • non-threatening to the wildlife habitat.
This station will allow views of the
•
• wetlands,the mountains to the west.
t • ' . \Open Spac@ the tree grove,and Windsor
Reservoir. Equipped with educational
"----. / r signage,seating,and a spotting scope
•
• this interpretive station will be an
• excellent amenity to the subdivision
I \, / while protecting the wildlife habitat of
I / / the project.
•
I • • . ••
Tree Grov \ Tree Grove
This tree grove which Is utilized by
•
•\ •\ bald eagles as a day perch will be
•
placed in a large tract with a minimum
•N
of 300 feet open space between the
• trees any road.trail,residential lot,or
•i\ • •
J \ the interpretive station. These trees
will have cottonwood seedlings
/
\ • • View to
\ • planted among them to create a
Windsor sustainable tree grove. Access to this
\ • •• •' Reservoir tree grove and open space will be
. •
\ restricted during the months the trees
\ • / are utilized by the eagles.
r // /\ .
• / \
C \ Open Space
•\ \ \ • , ' Open Space As shown in this sketch there are large
\ % tracts of open space surrounding the
\ / • wildlife habitat of this project. This
,/ \( • open space Is Interconnected to the
\• •
% . •
• / . \ open space throughout the site. This
' • open space also separates each lot or
Open S ace • cluster of lots allowing movement of
P P /�� wildlife throughout the site. The
• �/_ \ / plantings in the open space areas will
\ C \ provide valuable new food sources for
T\/ wildlife.
\ \ \ \ \ \ . .,\
\� _ --- \L — _ J Windsor Reservoir
• 1' 1 / An important regional wildlife habitat.
yy — —\ _Open Space — \ Windsor Reservoir will be connected
''.\..---
1 1r I •
y to the open space of this project
1 / through numerous open space
connections. These connections will
I allow unobstructed movement of
wildlife between this project and the
reservoir
Figure 1
Wildlife Components
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COMPONENT TWO
SERVICE PROVISION IMPACTS
A. SCHOOLS: This development is in the Windsor School District RE-4.
Accommodations will be made inside the neighborhood to facilitate school
bus stopping for student pickup and drop-off.
B. LAW ENFORCEMENT: Law enforcement will be under the control
of the Weld County Sheriff.
C. FIRE PROTECTION: The property is inside the Windsor/
Severance Fire District.
D. AMBULANCE: Emergency services will contact Weld County
Ambulance.
E. TRANSPORTATION: Colorado State Highway #257 is the
roadway that will provide access to this property. Several meetings and
discussions with the Colorado Department of Transportation (C-DOT) have
resulted in agreement on the lane configurations, right-of-way dimensions,
and other technicalities that will be used to meet or exceed C-DOT standards
for road improvements on this state highway. Internal roads have been
classified as Local Streets per Weld County Standards, with the two entry
roads that access the property up to the first internal intersection of both
roads, classified as Collectors per Weld County Standards. All internal roads
will be maintained by the Homeowners Association. Please refer to the Site
Plan for lane configurations of the state highway and the entrance roads, as well
as right-of-way widths.
F. TRAFFIC IMPACT ANALYSIS: The discussions with C-DOT have not
required a traffic impact analysis because we have agreed to meet or exceed
their requirements using their baseline traffic count formula. Discussions
with Weld County Public Works have resulted in the above mentioned road
classifications and configurations. They have agreed to waive the
requirement of a traffic impact analysis.
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G. STORM DRAINAGE: Included with the Site Plan is a Preliminary
Drainage Plan that depicts the drainage basins proposed on the project and
describes the points of discharge. Final storm drainage plans will be
submitted with other final technical support materials.
H. UTILITY PROVISIONS: Enclosed is a letter from Public Service
Company acknowledging their ability to serve this development with natural
gas. Also enclosed is a letter from Poudre Valley REA regarding electric
service. U.S. West will be the telephone provider. Cable t.v. is not expected
to be provided to this neighborhood.
WATER PROVISIONS: Enclosed is an agreement between the
Developer and the North Weld Water District acknowledging their ability to
serve this development with treated water.
J. SEWAGE DISPOSAL PROVISIONS: Sanitary sewer will be handled
with individual septic systems. Individual septic systems installed in
Soaring Eagle Ranch will be required to meet minimum standards for design
installation, monitoring and management that meet or exceed the minimum
standards proscribed by Weld County. The following information describes
each of these components of septic systems:
Design:
Generally, individual wastewater treatment systems consist of the
plumbing and venting installed in the home; a discharge or drain line from
the home that has a clean-out port installed; a multi-chambered septic tank;
and an outlet pipe from the tank that is tied to a leach field. The size of the
tank and the leach field are calculated using percolation rate data of the soils
and the number of bedrooms in the home.
Soaring Eagle Ranch design criteria include these elements, but
require further refinements:
1) There are typically access ports installed in all septic tanks which
allow each chamber of the tank to be accessible for monitoring and/or
sludge removal. However, in most applications, these ports are buried
during the backfilling of the system. It will be required that all access ports
are fitted with an access riser and lid that is flush with the finished grade of
the property. This will facilitate the monitoring and maintenance that is
required and discussed below.
2) The outlet pipe from the septic tank will be required to have a
septic tank effluent filter that will intercept indigestible solids (cigarette
butts, diapers, etc.) before they have a chance to reach the leach field.
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DEVELOPMENT GUIDE
SOARING EAGLE RANCH
3) Unless otherwise required in response to site specific soils
conditions, the leach fields will be constructed of state-of-the-art interlocking
plastic chambers instead of the conventional pipe and stone systems. These
leach field systems offer many advantages and Weld County Health
Department personnel are familiar with their application and installation. An
important upgrade to the leach fields is the ability to alternate the use of 50%
of the total field each year, allowing the remaining 50% of the field to "rest"
and be ventilated. This alternating leach field process allows one-half of the
leach field to work in the usual anaerobic state, purifying the effluent as it
percolates through the soil. The other half of the field is working in an
aerobic state because ventilation ports are opened allowing oxygen and
other atmospheric gasses to enter the leach field cavity. This aerobic
exposure completes the digestion of any left over biomat that may
accumulate so that when effluent is re-introduced there are no inhibitors to
efficient percolation and the anaerobic purification process.
4) The location of leach fields is predetermined on the Leach Field
Location Site Plan. These predetermined locations are established to place
the leach fields of each home in locations on their lots that put as much
distance as possible between the bottom of the leach fields and the highest
anticipated groundwater level. In every case, these fields will meet or
exceed the separation required by Weld County.
Installation:
Before applying for a Septic Permit from Weld County, each home
builder will be required to do a percolation test on their lot in the designated
leach field area. In addition to percolation tests, a test hole shall be dug with
a backhoe to a depth of at least 6' below the depth of the bottom of the leach
field. This test hole will be examined by a qualified geotechnical engineer
and it will be certified that the groundwater level meets the requirements of
Weld County. Once these requirements have been fulfilled and a Permit has
been issued, the system may be installed. After installation and inspection
by Weld County, as well as completion of backfilling, a final inspection will
be performed under the direction of the Homeowners Association to assure
the maintenance access ports, filters, diversion valves and ventilation ports
have been installed correctly.
Monitoring and Maintenance:
Every year each septic system will be inspected by qualified
personnel. This inspection will include measuring the level of sludge in the
septic tank, cleaning of the effluent filter, alternating the effluent flow from
the in-use leach field to the resting leach field, exchanging the ventilation
caps with the air-tight caps, and filing a report on the condition of each
system, as well as the duties performed. Any out of the ordinary
circumstances associated with any system will immediately be brought to the
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DEVELOPMENT GUIDE
SOARING EAGLE RANCH
attention of the homeowner and the managing entity.
Septic tank pumping will be required every four years, as
recommended by Weld County, or sooner if inspections confirm the need.
Management:
The management of each component described above will be handled
by the Soaring Eagle Ranch Homeowners Association. Each lot owner will be
made fully aware of their obligations and responsibilities which will be
described in the recorded Protective Covenants of the subdivision.
Enforcement provisions including fines, liens on the property, security
deposits, and other legal measures will help insure compliance with these
requirements. Funding for design review and installation inspection will be
handled through a security deposit associated with architectural control
review of the proposed home plans. Annual inspections as well as tank
pumping every four years will be funded by the collection of annual
homeowners dues and placed in a septic management reserve account.
Conclusion:
The standards and practices described above will assure the
installation and management of state-of-the-art individual wastewater
treatment facilities in Soaring Eagle Ranch. This proactive approach offers
homeowners in this neighborhood a set of guidelines and management tools
that helps relieve them of the worries usually associated with septic systems.
By raising the standards of design, assuring installations that facilitate easy
access and maintenance, and most importantly, building in a maintenance
and management system, the septic systems installed in Soaring Eagle Ranch
will be safe, clean and functional, benefiting the environment as well as the
residents of Weld County.
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DEVELOPMENT GUIDE
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COMPONENT THREE
SITE DESIGN
Please cross-reference with "Component Four - Common Open Space" and
"Component Five — Landscape and Irrigation", for further description of the unique
planning principles that have been applied to Soaring Eagle Ranch.
The site design for Soaring Eagle Ranch utilizes many state of the art planning
techniques. Buffers from adjacent land uses, lineal clustering and density shifting,
building and landscape envelopes, extensive open space, trails and interpretive
stations, a community irrigation system, creative planting and irrigation techniques,
and enhancement and buffering of wildlife habitat all contribute to making Soaring
Eagle Ranch a unique and exceptional example of site design.
1. BUFFERS FROM ADJACENT LAND USES:
The impacts of Colorado State Highway 257, which borders the west side of
the site, will be mitigated by several techniques. Large lots that run parallel
to the highway will provide a large setback and will be allowed limited
numbers of livestock. Two of these large lots utilize existing farm homes and
outbuildings, which are located near the highway. These lots will be
separated from the Highway ROW by a rural rail fence. The utilization of the
existing agricultural buildings, large setbacks from the highway, and
allowance of limited livestock will enhance the rural character of the project.
The setback between the highway and new residential building envelopes
varies from 300 to 550 feet with an average of 430 feet. This large setback
will protect homes from road noise as well as create a visual effect from the
highway that will demonstrate the rural
.. , w _ , f characteristics of the site. Ornamental
plantings will be located around the
• � �
Mai proposed neighborhood entries, both to
E, announce the entry locations and to provide
µ ":' a pleasing aesthetic for highway users and
neighborhood residents.
The Larimer and Weld Canal is a very
effective buffer between this project and the
agricultural land use to the north. The
Larimer and Weld Canal is a large regional
irrigation canal, which is 100 feet - 150 feet
wide. The lots adjacent to the irrigation
canal also have large setbacks so that the
distance from the agricultural land use to the
nearest residential building envelope is
over 200 feet.
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DEVELOPMENT GUIDE
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Windsor Reservoir property is adjacent to the east side of this project. The
buffer between building envelopes and Windsor reservoir is 225 feet - 930
feet with an average of 500 feet, providing an ample buffer.
The tree grove along the eastern edge of the site, which is utilized by bald
eagles as a seasonal daytime perch site, has been buffered by a large parcel
of open space. This
I Cr ,w " -
k buffer, which is over 11
E �� ' 7 ry41 acres in size, will have
.i
limited seasonal access.
• •
In the seasons when these
" raptors are active and
r utilizing these trees, no
or access will be allowed
within this portion of the
open space. There will be
signage located along the
road and trail that gives
the dates of restricted
access.
An interpretive station that is part of the trail system will allow viewing of the
raptors from a distance. See Figure #1, Page 6. This interpretive station will
include a fixed spotting scope, a small seating area, and interpretive signage
which will describe the eagles, the wetlands that run through the site, the
reservoir and the abundant waterfowl that utilize the area, and the mountains
that are visible from this vantage point. The road, trail and interpretive
station are a minimum of 300 feet from the tree grove and will be screened
from these trees with shrubs and small trees. The closest residential lot to
these trees is 300 feet away, with the closest building envelope over 350 feet
away.
The agricultural land use to the south will be buffered from this development
in several ways. First, a portion of the lots on the south end of the site, are
separated from the agricultural land use by open space. Second, the lots
adjacent to the south property line are all large lots with large setbacks. The
building envelopes are 100 feet or further from the south property line.
Finally, homeowners of the five lots which are adjacent to the south property
line, will be required to plant screening landscape as shown on the
landscape plan. This screening landscape will help mitigate any potential
conflicts between differing land uses.
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DEVELOPMENT GUIDE
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2. LINEAL CLUSTERING AND DENSITY SHIFTING:
Density Shifting allows a transfer of density from the exterior of the site to the
interior, with larger lots near the perimeter of the project. These larger lots
will provide more open space between building envelopes, increased
opportunities for attractive views between buildings, and large setbacks
from adjacent land uses.
Density shifting also allows density to be shifted across the entire site,
creating smaller residential lots while allowing large open space areas. This
concept of conservation design preserves wildlife habitat, wetlands, view
corridors, areas for homeowner recreation and an interconnected network of
permanent open space. This neighborhood open space is connected to the
regionally significant open space of Windsor Reservoir in several locations,
and is also connected to the Larimer and Weld Canal, which could provide a
connection to a future regional trail system.
Lineal Clustering is interrelated to the Density Shifting component of the site
design. This clustering technique shifts the building envelopes toward the
middle of lots creating lineal pieces of individually owned open space
separating building envelopes or clusters of building envelopes. This open
space separation will create the desired rural aesthetic and will connect with
the Common Open Space expanding the extensive interconnected open
space system.
_ n\ Windsor Reservoir
Windsor Reservoir --11 �'i' \\\
\ \/ rrrrrr1------llI111'I q
^\�\\ IIiJ i \,\, /
V A VAA♦A J /v./�
Trzll and Interpretive f�-I �_, r_,
♦ r-� r-� r---tr--�
��. J�.1/1 ff/ StatenAnC;;) lillF r LI E l 0; ;: .l,u,
\I
.. �`-- � • C/�� �I Ill �` � '� I I 11 li^II //♦�`� V I
Latimer and Weld r3 a ,V �%
'♦ "J I`�I \J O
Canal L-- (' I s ree Grove \ V
•9 •• •. Fin- -1 irk r'1 r %
\
En
..Sn
� c().--
/ � II a Ir�l (.JL� fff Oy\'/�'_I
� �l 111;l l�l '``o _ J n�• I I�I G1 ILJI ILIILI J L_J L_J L_J L_J _, ID U III
Open Space
El
Colorado State Highway 257
Figure 2 rc
Lineal Clustering and Open Space a
13
Right of Way
4'shoulder
• —_• Landscape Envelope:
40•min, The landscape envelope contains all
'from ROW or I 60'min. I Inigated/amamental landscape
wetlands I planting including trees and shrub
25'min.hwn I plantings. See figure 4 for a
open space/ _ _ _ description of the typical lot layout.
——y The amount of irrigated landscape will
' 1r
I
I
be limited to 20,000 square feet unless
a xeriscape landscape which will utilize
10I
less water per square foot is proposed.
l min.
22.5' 1
`max.
I I li I Building Envelope:
The building envelope will contain all of
Ithe vertical permanent Improvements,
}} 60'min.from ROW including buildings,outbuildings,
"� I I fences,decks, gazebos,etc. This
I I I envelope is generously sized to
• accommodate these uses while
restricting the placement of vertical
I — improvements to the center of the lot
— providing a buffer of open space
between each residence.
•
50'min. I I Lot Boundary and Open
I 60'max. — —
Space:
• I V - -- t -_ _ I The open space between the
I landscape envelope and the lot
I boundary will be planted to match the
I I
Common Open Space and will be
maintained by the Homeowners
50'typ. Association. This win create a buffer
--t • 1 between shomesites as well as create a
contiguous open space system
I throughout the subdivision.
Tom'• i
Septic Envelope:
The septic envelopes shown on the plans are 2,500 square
feet(42 x 60)and are located based upon the following
criteria:
-minimum of 10 feet from any property line
-minimum of 20 feet from any structure
-minimum of 100 feet from any water course
ie:Larimer and Weld Canal,Wetlands
-minimum of 200 feet from Windsor Reservoir
Please see she plans for locations of Septic Envelopes
Figure 3
Typical Individual Lot Design Components
14
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
3. INDIVIDUAL LOT DESIGN:
Each lot is composed of three elements. The building envelope, which
contains all permanent vertical improvements, including: buildings, fences,
outbuildings etc. The landscape envelope, which contains the irrigated and
ornamental landscape and surrounds the building envelope. The open
space component is comprised of native grasses, which will be installed to
match the Common Open Space areas. The Homeowners Association will
maintain this individually owned open space in conjunction with the Common
Open Space. The open space component of each lot will provide an open
space buffer between each building envelope or cluster of building
envelopes. Each lot will be allowed a specified amount of irrigated
landscape. This area of irrigated landscape is smaller than the allowed
landscape envelope area, which will encourage creative site and landscape
design and a non-linear division between formal landscaping and the open
space landscaping.
4. OPEN SPACE:
The Common Open Space, in conjunction with the privately owned open
space described above, comprises over 54% of this project. The open space
component of Soaring Eagle Ranch will provide opportunities for views,
unobstructed movement of wildlife, buffering of adjacent land uses, and
excellent recreation opportunities for the residents of this subdivision.
Common Open Space is easily accessible from every lot.
The open space component of this project is further described in Component
Four- Common Open Space
5. TRAILS AND INTERPRETIVE STATION:
Over two miles of trails will wind through the subdivision open space. An
interpretive station along the trail will allow viewing of the raptors that use
the tree grove along Windsor Reservoir.
The trails and interpretation component of this project is further described in
Component Four- Common Open Space
15
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
6. COMMUNITY IRRIGATION SYSTEM:
A raw water irrigation system will be utilized to irrigate the Common Open
Space areas. This system will also distribute irrigation water to each
Homeowner lot to irrigate the ornamental landscape portion of each lot.
This irrigation system is described in detail in "Component Five - Landscape
and Irrigation."
7. PLANTING AND IRRIGATION TECHNIQUES:
Progressive planting and irrigation techniques will provide a beautiful and
open landscape that will be hardy and drought tolerant. Native trees,
shrubs, and grasses will be the predominant planting along with additional
plants that are well suited to the site. Common Open Space will only be
irrigated in areas of ornamental plantings, primarily at the project entries.
Lot buyers will be provided with a suggested plant list and will be
encouraged to utilize xeriscape concepts in their landscape plans. The
allowed area of irrigated landscape may be increased for xeriscape
landscape plans.
The landscape and irrigation component of this project is further described in
Component Three -Landscaping Elements
8. ENHANCEMENT AND BUFFERING OF WILDLIFE HABITAT:
Wildlife, which utilizes Windsor Reservoir and the site, has influenced the
site design in several ways. The Colorado Division of Wildlife has had an
opportunity to comment on this project and several of the site design
components are a response to their recommendations.
The native grasses planted in the open space are a part of the aesthetic
concept desired. They also act as a deterrent to wildlife, geese primarily,
from utilizing the ornamental landscape of the residences as a food source.
These native grasses as well as the native trees and shrubs planted in the
Common Open Spaces will provide new food sources and habitat for a wide
variety of wildlife. See landscape plant list for a wildlife value description of
the plantings utilized.
The existing wetlands have been set aside as part of the open space areas. A
trail, which parallels a portion of the wetland, will be screened with
plantings. This wetland traverses the site from the Larimer and Weld Canal
to Windsor Reservoir and will provide a migration route for wildlife. Building
16
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
and landscape envelopes are set back from this wetland as requested by the
Colorado Division of Wildlife. These setbacks in addition to the elimination
of livestock grazing, will allow these wetlands to become enhanced wildlife
habitat. In addition to the wetlands open spaces between residential lots will
provide opportunities for unobstructed movement of wildlife.
Buffering of the tree grove utilized by bald eagles described earlier is an
important component of the wildlife buffering plan. The interpretive station
will focus the activity of viewing the important wildlife habitat into a
controlled and screened location, and will create an excellent interactive,
educational, and non-obtrusive wildlife experience.
The following information is provided in direct response to the Development
Guide Requirements for Site Design:
A. There are a number of unique features on site. The site is bordered on the
west by Colorado State Highway 257, on the north by the Larimer and Weld
Canal, on the east by Windsor Reservoir, and on the south by agricultural
land uses.
The wetland described earlier is an existing wetland that runs diagonally
from the northwest to the southeast in the northern portion of the property.
This wetland is created by ground water seeping from the Larimer and Weld
Canal. The water feeding the wetland flows downhill to the southeast
eventually reaching Windsor Reservoir.
The tree grove described earlier is located along the shoreline of Windsor
Reservoir near the middle of this site, and provides daytime perch sites for
bald eagles and other raptors during certain times of the year. These raptors
use these perch sites for spotting dead or dying geese, along the shoreline
or on the ice of Windsor Reservoir, providing food for the raptors.
The topography of the site slopes generally from northwest to southeast
toward Windsor Reservoir and the southern portion of the project. Please
see the drainage report attached to this packet for a more detailed
description of the existing and proposed drainage pattern. There are no
areas of this property that have steep slopes that would impact the potential
for residential lots.
B. See 'Statements of Consistency with the Weld County Comprehensive Plan'for a
detailed description of the consistency of this proposed PUD with the Weld
County Comprehensive Plan.
C. See 'Statements of Consistency with the Weld County Comprehensive Plan'for a
detailed description of how the uses allowed by the proposed PUD will be
17
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
compatible within the PUD zone district. No conflicts between land uses are
anticipated within the PUD zone district, as all of the land uses within the PUD
zone district will be restricted to residential only.
D. This proposal has many innovative planning concepts in place to avoid or
mitigate potential conflicts between land uses, which surround this
development. Please see above description of the buffering techniques
utilized.
E. This Change of Zone is not located within a flood hazard, geologic hazard, or
airport overlay District.
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DEVELOPMENT GUIDE
SOARING EAGLE RANCH
Summary of Land Use:
Gross Land Area: 401.126 Acres
Dedicated ROW 8.584 Acres
2 Outlots 9.920 Acres
ROW Area: 31.790 Acres
Common Open Space Area: 64.92 Acres
Net Residential Land Area: 285.911 Acres
Summary of Residential Land Use:
Net Residential Land Area 285.911 Acres
Number of Proposed Lots 114
Net Density 2.51 Acres per Lot
.399 units per Acre
Smallest Lot 1.5 Acres
Largest Lot 11.76 Acres
Typical Building Envelope .5 Acres
Typical Landscape Envelope 1.25 Acres
(Including Building Envelope)
Average Area of Individually 1.28 Acres
Owned Open Space per lot
Total Area of Individually 145.42 Acres
Owned Open Space
NOTES:
1. All lots less than 2 acres are adjacent to Common Open Space.
2. 37% of the lots are between 1.5 and 2 acres.
3. 30% of the lots are between 2 and 2.5 acres.
4. 33% of the lots are larger than 2.5 acres.
19
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
COMPONENT FOUR
COMMON OPEN SPACE
Please cross-reference with "Component Three - Site Design"and "Component Five —
Landscape and Irrigation" for further description of the unique planning principles
that have been applied to Soaring Eagle Ranch.
1) The Common Open Space of Soaring Eagle Ranch is an essential component
of the subdivision design. The open space helps preserve views, provides
opportunities for recreation, protects natural habitat, and allows
unobstructed movement of wildlife.
The Common Open Space area is 58.17 Acres or 15.2% of the gross land area
and is designed to be accessible to the entire development. Located
primarily in the interior of the site with a series of connections to the lots on
the exterior of the site, the furthest distance from any lot to Common Open
Space is less than 600 feet. 65 of the 114 lots (57%) are located adjacent to
Common Open Space.
An irrigation storage and stormwater retention pond is an important
component of the Common Open Space, and is located in the largest parcel
of Common Open Space near the center of the project. A large portion of the
site drains to this pond (see attached drainage report) and it will also hold
the landscape irrigation water that will be distributed to individual lots. This
four plus acre pond will be an important visual amenity to the neighborhood,
as well as being an attraction for wildlife.
2) In addition to the Common Open Space that is owned by the Homeowners
Association there is also a large portion of the site dedicated to privately
owned open space. This portion of each residential lot will be planted with
the same seed mix as the Common Open Space, and will be maintained by
the Homeowners Association. No fencing, ornamental planting or permanent
structure will be allowed within this open space. These open space areas
will provide a buffer between each building envelope or cluster of building
envelopes. This series of open spaces will provide ample opportunities for
unobstructed movement of wildlife, opportunities for recreation, and
preservation of views. This privately owned open space is approximately
150 acres. In addition to the Common Open Space this sets aside over 54%
of the site as open space.
The large lots located adjacent to State Highway 257 will provide a large
privately owned open space. This large setback will protect the homes from
the road noise as well as create a visual effect that will demonstrate the rural
characteristics of the site.
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DEVELOPMENT GUIDE
SOARING EAGLE RANCH
The Common Open Space will be owned, preserved, and maintained by the
Homeowners Association. The Common Open Space will be constructed at
the same rate as the residential lots. See "Component Five - Landscape and
Irrigation" for more detailed information relating to the maintenance of the
Common Open Space. See the attached on-site improvements agreement,
which sets forth a plan providing for the installation, permanent care, and
maintenance of the Common Open Space, recreational areas, and commonly
owned facilities.
WILDLIFE CORRIDORS:
Connections of open space to the Windsor Reservoir property will allow
unobstructed wildlife movement corridors, and will maintain the visual
connection between the open space of Soaring Eagle Ranch and Windsor
Reservoir.
INTERPRETIVE STATION:
The interpretive station that was described earlier is an integral component
in the open space system. See "Component Three - Site Design" for a
complete description.
TRAIL SYSTEM:
The trail system is 2.2 miles in length, encompassing much of the site. The
trail is supplemental to the road system, which due to the low traffic levels
within the development, will be utilized for pedestrian traffic, also. The trail
will be constructed utilizing a soil cement product, which will solidify the
existing soil creating an all-weather surface with the same color as the native
soil. A portion of the trail system is adjacent to the Larimer and Weld Canal,
with potential to connect to future regional trails systems that may utilize the
canal. The entire trail is located outside of the wetlands and the portion of the
trail that is adjacent to the wetlands will be screened with shrubs.
21
Right of Way
c.
1 4'shoulder
TT. Native
. .
Open space • •. •
Driveway and Entry
Grasses . •
I Landscape:
�� • Where the driveway meets the street
• I I ornamental inigated landscape could
• -. r • — — — — — • be concentrated as an accent.
•
_
Landscape Transition:
• The transition between irrigated
Garage II landscape end the native grasses will
I I • I • : I be encouraged to be a non-linear
transition. This will encourage creative
I •O• i ��// and unique landscape design for each
�...NIi
Individual lot.
7
I = Residential Landscape:
i ,�� x 71 en-�1U QIW,Sm1i Intensive ornamental plantings will be
• I • encouraged near the high-use areas of
. •
the residence,le:patios,decks.
`15• /��;�i =tlq llh�1t, I entrances.etc. These ornamental
yF ;i�d I plantings should then transition to more
I r Iii I �I6 / native species further from the high
�...._..-/ I
• I / use areas,and then transition to the
i • iV'?$10 • native open space grasses.
'I •
I _ +
� . mod
• bc• e ` o Fences:
• / •.�°. ' Fences shag be contained within the
'I. ... .
•
I building envelope and shall be
primarily low open farces for pet
•
_ — containment. Landscape will be
• I encouraged around fencing to minimize
Native the visual Impacts of the fencing.
i . 1• •• open Space
Grasses • f .
•
Boundary Plantings:
. . •. Native plantings,et the boundaries of
lots In proximity to Windsor Reservoir,
\
will be encouraged to act as a deterrent
Septic Envelope: te
oornameenntaalll la dscaappeuneer ng the
Trees and shrubs will be kept clear of residences as a food source.
the septic leach fields.
Figure 4
Typical Individual Lot Landscape
22
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
COMPONENT FIVE
LANDSCAPE AND IRRIGATION
Please cross-reference with " Component Three — Site Design" and "Component
Four- Common Open Space"for further description of the unique planning principles
that have been applied to Soaring Eagle Ranch.
The landscape components of Soaring Eagle Ranch are designed to be compatible
with adjacent land uses while enhancing the unique landscape of the site. The
proposed development is bordered by: Colorado State Highway 257 to the west,
Windsor Reservoir to the east, the Larimer and Weld Canal to the north and
agricultural land use to the south. The following components of the landscape
design have been determined to be the most significant:
COMMON OPEN SPACE LANDSCAPE:
The open space component of Soaring Eagle Ranch is a very large portion of
the project. When the Common Open Space component is combined with
the individually owned open space the resultant area is over 54% of the
gross land area. This large area will provide excellent opportunities for
homeowner recreation, unobstructed movement of wildlife, attractive views,
and will create a very unique and exceptional subdivision landscape.
The desired character of the open space is to be an open and rural
landscape. The landscape will be predominately non-irrigated native
grasses. Both Common Open Space and individually owned open space will
be installed using identical methods and both will be maintained by the
Homeowners Association.
Where shade or screening is desired within Common Open Space, there will
be some trees and shrubs planted. Tree and shrub species will be primarily
native species or species that are suitable to this climate and are attractive
for wildlife as a food source or shelter. See landscape plant list for wildlife
value descriptions of proposed plantings.
ENTRY LANDSCAPE:
The entry landscape will consist of sequential low walls ending into bermed
earth. These walls will contain plantings and will have the neighborhood
signage mounted upon them. The planting behind these walls will be
ornamental with flowering shrubs and trees in front of an evergreen tree
backdrop. The groundcover will be irrigated lawn. The edges of the entry
23
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
feature landscape will transition into the more native landscape that will be
created on the interior of the project. The ornamental landscape is intended
to both announce the entry locations and to provide a pleasing aesthetic for
highway users and neighborhood residents.
HOMEOWNER LANDSCAPE:
Homeowner's will be encouraged to utilize similar principles in their
landscape design. Ornamental landscape and irrigated lawn near the most
visible and high intensity use areas of homes, for example: patios, decks,
windows, entries etc. Native and low maintenance plantings should be
placed further from the residence as the ornamental landscape blends into
the native open space. Homeowner's will be encouraged to create a
meandering edge between irrigated and non-irrigated landscape rather than
a hard linear division. Xeriscape principles will also be encouraged, with an
increase in the allowed irrigated portion of a lot if approved by the
Architectural Review Committee. Each lot buyer will be given an
informational packet, which will include landscape and irrigation techniques
recommended by the Homeowners Association.
BUFFERING OF ADJACENT LAND USES, AND ON-SITE
WILDLIFE HABITAT:
Buffering of SH 257:
See "Component Three - Site Design"
Buffering of Windsor Reservoir:
See "Component Three - Site Design"
Buffering of Agricultural Land Uses:
The residential lots adjacent to the agricultural land uses to the south
of Soaring Eagle Ranch will be screened utilizing shrub and tree
plantings. See landscape plan for planting locations and plant species.
This vegetative screen will help mitigate potential conflicts between
these residential lots and the agricultural land uses.
Buffering of On-Site Wildlife Habitat:
The trail, which winds through the site, parallels the wetlands for a
short distance and will be screened with shrubs. The tree grove,
which is used for perching by bald eagles, will also be screened from
the road, trail, and interpretive station utilizing trees and shrubs.
These plantings will be installed at the same time the open space is
installed.
24
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
SUSTAINABILITY OF BALD EAGLE PERCHES:
* The tree grove that is utilized by
bald eagles as a perching site is
an important component to the
• wildlife habitat portion of this
project. The majority of the
grove at this time is nearing
maturity and has few juvenile
trees to replace the mature trees
as they begin to die. A part of
the Common Open Space
` 'c41:1,';planting plan will include
planting and maintaining
seedlings amongst these mature trees to help create a sustainable tree grove
for the raptors to utilize.
The following information is in direct response to the Development Guide
Requirements for Landscaping Elements:
A. Please See attached Landscape Plan.
B. Please See Buffering description above.
C. The Homeowners Association will be responsible for the maintenance of the
Common Open Space landscape as well as the open space portion of
Homeowner lots. Please see Environmental Management Handbook. This
maintenance will include: periodic mowing, weed control, fertilizing,
aeration, tree and shrub pruning, and trash pick-up.
Individual lot owners will be responsible for maintaining the irrigated
landscape portion of their lots. The Homeowner Association will monitor
maintenance of these irrigated landscape areas. If any lot is not being
maintained to accepted neighborhood standards the Homeowners
Association will have the responsibility to correct the situation.
D. Please see attached "On-site Improvements Agreement."
25
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
IRRIGATION:
The irrigation system for Soaring Eagle Ranch will be a centralized raw water
irrigation system. Please see "Environmental Management Handbook." This
system will divert water from the Larimer and Weld Canal through an
underground pipe into the centralized Irrigation and Stormwater Retention
Pond. A pump will then pressurize the system for distribution to areas of
irrigated Common Open Space and to individually owned lots. This system
will allow individual property owners to irrigate their landscape with the raw
water system, thus significantly reducing potable water usage.
The irrigation system will include a weather sensor, which will shut the
system down during a storm event. Each homeowner will be provided with
an information packet which includes: detailed historic data, including
estimated evapotranspiration rates during the irrigation season, along with
recommended irrigation rates. Recommended landscape and irrigation
techniques to reduce the water requirement for each lot will also be
provided. These components of the irrigation system will help ensure that
the irrigated portions of individually owned lots will not be over-irrigated
which will eliminate run-off and/or percolation of irrigation water.
Each lot will be limited to a maximum of 20,000 s.f. of irrigated landscape.
The Architectural Review Committee of the Homeowners Association will
evaluate landscape plans prior to landscape installation. Landscape plans,
which propose xeriscape planting principles, may be granted more irrigated
area. Irrigation will be limited to nighttime hours to reduce the rate of
evapotranspiration.
Please See Pages 27 and 28 for "Peak Season Design and Annual Water
Requirements"information.
26
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
PEAK SEASON DESIGN
AND ANNUAL WATER REQUIREMENTS:
Irrigated Area 54 acres
Peak Season Design
Irrigation Requirement 0.25 inches/day
Operating Loss 0.06 inches
Total Daily Application Requirement .31 inches
Total Daily Application Requirement 1.39 acre feet
Total Daily Application Requirement 453,742 gallons
Seasonal Irrigation Requirements 36.0 inches
Seasonal Effective Precipitation 7.0 inches
Total Seasonal Irrigation Application 29.0 inches
Total Seasonal Irrigation Application 130.5 acre feet
Total Seasonal Irrigation Application 42,537,598 gallons
SEE "NOTES" ON FOLLOWING PAGE:
27
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
NOTES TO PEAK SEASON DESIGN
AND ANNUAL WATER REOUIREMENTS:
a) Proposed irrigation system operational efficiency is assumed to be
80%.
b) Proposed irrigation system tap utilization efficiency is assumed to
be 85%. Tap utilization efficiency is defined as the average design flow/
average available flow.
c) Peak season irrigation requirement of 0.25 inches per day is as-
sumed for the irrigated landscape areas and is based upon National
Weather Service data and a crop coefficient of 0.80.
d) A seasonal precipitation of 14 inches is used and is based upon Na-
tional Weather Service Information. Precipitation is assumed to be 50% ef-
fective.
e) The irrigated acreage is an estimate based upon the conceptual site
and landscape plans. Some changes may be made as these plans are fi-
- nalized. The irrigated area includes 20,000 s.f. of irrigated landscape per
homeowner lot and two acres of irrigated Common Open Space for orna-
mental landscape located near project entries.
f) The irrigation water requirement, based upon the conceptual plan,
is 130.5 acre feet. 163 acre feet of water will be dedicated to the Home-
owners Association. This will account for normal season irrigation require-
ments with an additional 25% dedicated to account for abnormally dry
years, and for supplemental watering of trees and shrubs located in Com-
mon Open Space areas during plant establishment. The irrigation water
will be dedicated from Windsor water and/or Larimer and Weld Canal wa-
ter.
28
DEVELOPMENT GUIDE
SOARING EAGLE RANCH
COMPONENT SIX
SIGNAGE
Signage in this development will consist of street signs, traffic control signs and
entry feature signs. No other signs of a permanent nature will be allowed in the
subdivision. All signs discussed above will meet all Weld County standards and
will acquire a building permit where applicable.
COMPONENT SEVEN
M.U.D. IMPACT
This section is not applicable because the proposal does not lie within a Mixed
Use Development (M.U.D.) area.
COMPONENT EIGHT
INTERGOVERNMENTAL AGREEMENTS IMPACTS
Currently, Weld County does not have an Intergovernmental Agreement with the
Town of Severance or the Town of Windsor (excluding law enforcement I.G.A.'s).
29
aipt
ENVIRONMENTAL
MANAGEMENT HANDBOOK
} FOR
SOARING EAGLE RANCH
WELD COUNTY P.U.D.
August 23, 2000
EVWT
COMPANIES
3030 SOUTH COLLEGE
FORT COLLINS, CO 80525
970-226-1500
970-223-4156 FAX
ENVIRONMENTAL MANAGEMENT
HANDBOOK
FOR
SOARING EAGLE RANCH
WELD COUNTY P.U.D.
TABLE OF CONTENTS:
Introduction 2
Irrigation System 3
Storm Water Facilities 4
Roads 4
Trails 4
Common Areas 5
Privately Owned Open Space 5
Landscape Maintenance Fund 5
Septic Systems 6
Peak Season Design & Annual Water Requirements 8
Notes to Peak Season Design & Annual Water Regs.... 9
Homeowners Association Projected Budget 10
Notes Regarding HOA Budget Reserves 11
Septic Design Diagram Exhibit A
ENVIRONMENTAL MANAGEMENT HANDEL:WA re
SOARING EAGLE RANCH 4t,r-
INTRODUCTION :
The Environmental Management Handbook is an appendix to the
Protective Covenants of Soaring Eagle Ranch. It is a document that describes
several components of the development that will be the responsibility of the
Homeowners Association or individual, lot owners. The following outline
describes the various elements of the Handbook; how they will be managed; who
is responsible for taking care of them; and, how the funding of each item will be
collected. As a part of the Covenants, this document has the enforcement and
collection authority of the Homeowners Association and it is an encumbrance on
each property.
2
ENVIRONMENTAL MANAGEMENT HANDBOOK
SOARING EAGLE RANCH
IRRIGATION SYSTEM :
The neighborhood is served by a separate water system that allows each
lot to tap into a pressurized water line for irrigation water. The Homeowners
Association owns and operates this system, which includes the ditch easement
that delivers water to a reservoir on the property and the water rights as
described below. The reservoir is a lined pond that has a large pump or series of
pumps which draw water from the reservoir and deliver it under pressure via
underground pipes to each individual lot, as well as to the two landscaped entry-
ways. Each lot is allotted a specific amount of water and a specific watering time
schedule. See Pages 8-9, Table A: "Peak Season Design and Annual Water
Requirements." The amount of water and time will be directly related to the
landscape plans that are submitted and approved by the Homeowners
Association (HOA).
Each year the HOA budget will include annual expenses to operate the
irrigation system, which will include the cost of water, electricity, maintenance
and operational costs. In addition to these annual expenses, the budget shall
include a reserve amount which will be used for future repair or replacement of
components of the system.
Each lot is allowed a maximum of 20,000 square feet of irrigated turf area,
plus areas for shrubs and trees, all of which must be contained within the
designated landscape envelopes. The remaining portions of each lot that lies
outside the Landscape Envelope area must be non-irrigated native grasses.
Upon approval of the landscape and irrigation plans for each lot, the owner will
be allowed to tap into the irrigation system. The HOA will manage and maintain
the system up to this tap facility and the individual homeowners will manage and
maintain their systems, including the tap facility that is on or accessory to their
lot.
3
ENVIRONMENTAL MANAGEMENT HANDBith
SOARING EAGLE RA
STORM WATER:
Storm water facilities consist of:
❖ Swales ❖ Pipes
❖ Detention (Retention Areas) 9 Water Quality Features
❖ Culverts ❖ Rip Rap
Each of the storm water facilities is identified and detailed on the Final
Design Engineering Drawings as prepared by Northern Engineering and
approved by Weld County. The ownership and maintenance of these facilities is
the responsibility of the HOA, funded through the collection of annual dues. Any
facilities or drainage that is over or adjacent to any lot will be described and the
responsibilities of each homeowner, as they relate to drainage, grading and
maintenance are identified on these plans. Since the primary storm water
facilities are also part of the common area landscaping or the roads, the
maintenance and reserve accounts for these categories will include storm water.
ROADS:
The roads throughout the neighborhood will be dedicated to the County,
but maintained by the HOA. Road reserves shall be collected from each lot
owner each year and held in reserve to fund a crack, fill and seal coating
application every 5 years. After 10 years or 2 seal coat applications this reserve
may require adjustment to fund a patching and replacement maintenance
program. All assessments and budget reserves shall be determined by the HOA.
Snow removal to be provided as determined by the HOA and at the expense of
the HOA.
TRAILS :
The trails will be owned, managed and maintained by the HOA. The Annual
Budget of the HOA shall include an amount adequate to fund the maintenance of
the neighborhood trails.
4
ENVIRONMENTAL MANAGEMENT HANDBO
SOARING EAGLE RAN
COMMON AREAS:
The common areas will be owned, managed and maintained by the HOA.
Other than the two entryways, all common areas will be landscaped with a
drought-tolerant native grass seed mix. Once established, these areas will
require periodic mowing (one per month, typical), periodic fertilizer, and broadleaf
weed control (one per season), and infrequent maintenance and/or replacement.
The entryway features will be maintained at a high quality, manicured
level. Weekly mowing, daily irrigation, annual flowers, ornamental trees and
shrubs, and all of the care usually given to high quality features, will be applied to
both entrances.
PRIVATELY OWNED OPEN SPACE:
Outside of the landscape envelope of each lot is an extensive area that is
planted by the Owner with the same grass mix as described above in "Common
Areas." The maintenance of this open space will be done by the HOA in
conjunction with Common Areas.
LANDSCAPE MAINTENANCE FUNDING :
The Annual Budget of the HOA shall include an amount adequate to fund
the maintenance of the common areas and private areas as described above. In
addition to annual maintenance costs, a Landscape Replacement Reserve
should be included to cover future expenses to replace or repair landscaping.
Determination of expenditures and reserves shall be made by the HOA.
5
ENVIRONMENTAL MANAGEMENT HANDBOOK
SOARING EAGLE RANCH
SEPTIC SYSTEMS:
Individual septic systems can be designed to function perpetually if they
are managed and maintained properly. This portion of the Environmental
Management Handbook will detail the design criteria required of each septic
system installed in Soaring Eagle Ranch. The HOA will hire qualified technicians
to inspect the plans for each system, inspect the installation of each system,
perform annual maintenance and monitoring of each system, and keep a running
record of each systems performance. The annual dues collected from each lot
owner will include an amount held in reserve by the HOA which will go to annual
inspections and reports on each system, as well as pumping of every septic tank
every four (4) years. These management practices will be a pro-active approach
to assure properly designed and functioning systems in Soaring Eagle Ranch.
1) DESIGN:
Prior to submitting for a septic system permit with the Weld County
Department of Health, each Owner shall submit their design plans to the
Soaring Eagle Ranch Architectural Review Committee (ARC) for review
and approval. Each system must be designed to meet the minimum
requirements of Soaring Eagle Ranch Septic System Design as described
on Exhibit A of the Environmental Management Handbook. Once the
septic system has been approved by the Soaring Eagle Ranch ARC the
permit application may be submitted to Weld County. Activities such as
landscaping, i.e., the planting of shrubs and trees; and construction, i.e.,
auxiliary structures, dirt mounds, etc., are expressly prohibited in the
designated leach field sites. These areas should be maintained in grass.
2) INSPECTION:
A) Prior to backfilling the installed septic system and after final
inspection and approval by Weld County, each Owner shall notify
the Soaring Eagle Ranch ACC in writing requesting an inspection.
Said inspection shall occur within 48 hours of receiving the request
for inspection and shall be made to insure the approved design has
been properly installed.
B) A written approval or denial of approval shall be deliver to the
Owner within 24 hours of the inspection and the Owner shall
remedy any deficiencies prior to backfilling.
6
ENVIRONMENTAL MANAGEMENT HANDBOOK 4"``i,o
SOARING EAGLE RANCH J
D) Any additional re-inspections shall follow the above described
procedure and shall include a $100 re-inspection fee per
occurrence.
E) Once the septic system installation has been approved and
subsequently backfilled, a final inspection shall be requested using
the same procedure as outlined above. Final re-inspection to
remedy deficiencies shall include the re-inspection fees described
above. Final approval shall be in written form and delivered to the
Owner within 24 hours of final approval Inspection.
3) ANNUAL MAINTENANCE:
Each year the HOA shall hire qualified technicians to perform the following
maintenance procedures on each septic system:
A) Inspect the overall system.
B) Monitor the sludge level of the tank.
C) Clean the effluent filter.
D) Alternate the leach field.
E) Close the ventilation ports on the "active" leach field.
F) Open the ventilation ports on the "resting" leach field.
G) File a report with the Owner and the HOA on the tasks performed
and the condition of each system.
4) SLUDGE PUMPING:
Every four (4) years each septic tank shall have the sludge pumped by a
qualified firm and the removed sludge disposed of in a proper and
acceptable manner. The HOA shall coordinate this task with a sludge
disposal firm and the Owner and the HOA shall pay the expenses of this
pumping and sludge removal out of the Septic Reserve account
established by the HOA. Any other pumping or sludge removal that may
be deemed necessary by the annual inspections shall be coordinated and
paid for by the Owner.
7
ENVIRONMENTAL MANAGEMENT HANDB1K L .
SOARING EAGLE RANCH El
yw .F
ta'End e,Est z,Ncgn�
aL � .��i sa P t
��3;.N t�...�f��?..�S 'city aid.f.pmtMs. , ... � ,� . -rS �
PEAK SEASON DESIGN
AND ANNUAL WATER REQUIREMENTS:
Irrigated Area 54 acres
Peak Season Design
Irrigation Requirement 0.25 inches/day
Operating Loss 0.06 inches
Total Daily Application Requirement .31 inches
Total Daily Application Requirement 1.39 acre feet
Total Daily Application Requirement 453,742 gallons
Seasonal Irrigation Requirements 36.0 inches
Seasonal Effective Precipitation 7.0 inches
Total Seasonal Irrigation Application 29.0 inches
Total Seasonal Irrigation Application 130.5 acre feet
Total Seasonal Irrigation Application 42,537,598 gallons
SEE "NOTES" ON FOLLOWING PAGE:
8
ENVIRONMENTAL MANAGEMENT HANDB 4 w
SOARING EAGLE RANCH i•
NOTES TO PEAK SEASON DESIGN &ANNUAL WATER REQUIREMENTS:
a) Proposed irrigation system operational efficiency is assumed to be
80%.
b) Proposed irrigation system tap utilization efficiency is assumed to be
85%. Tap utilization efficiency is defined as the average design flow/average
available flow.
c) Peak season irrigation requirement of 0.25 inches per day is assumed
for the irrigated landscape areas and is based upon National Weather Service
data and a crop coefficient of 0.80.
d) A seasonal precipitation of 14 inches is used and is based upon National
Weather Service Information. Precipitation is assumed to be 50% effective.
e) The irrigated acreage is an estimate based upon the conceptual site
and landscape plans. Some changes may be made as these plans are
- finalized. The irrigated area includes 20,000 s.f. of irrigated landscape per
homeowner lot and two acres of irrigated Common Open Space for
ornamental landscape located near project entries.
f) The irrigation water requirement, based upon the conceptual plan, is
130.5 acre feet. 163 acre feet of water will be dedicated to the Homeowners
Association. This will account for normal season irrigation requirements with
an additional 25% dedicated to account for abnormally dry years, and for
supplemental watering of trees and shrubs located in Common Open Space
areas during plant establishment. The irrigation water will be dedicated from
Windsor water and/or Larimer and Weld Canal water.
9
ENVIRONMENTAL MANAGEMENT HANDB
SOARING EAGLE RA941,4 Pt
SOARING EAGLE RANCH
HOMEOWNERS ASSOCIATION BUDGET
(PROJECTED)
REVENUE:
114 LOTS @ $400 each per year $45,600
Interest from Reserve Accounts $ 1,000 $46,600
TOTAL REVENUE: $46,600
ANNUAL MAINTENANCE:
Landscape $ 7,500
Snow Removal $ 2,500
Irrigation Water $ 5,500
Pump Electric $ 1,500
Street Light Electric $ 400
Insurance $ 1,460
Administration $ 500
TOTAL MAINTENANCE: $19,360 $19,360
ANNUAL RESERVES:
Road (3.75 Miles) * $ 7,000
Landscape Replacement ** $ 1,000
Septic Management *** $18,240
Irrigation System **** $ 1,000
TOTAL ANNUAL RESERVES: $27,240 I $27,240
TOTAL EXPENSES: $46,600
See Notes Regarding Reserves
10
ENVIRONMENTAL MANAGEMENT HANDBOOK
SOARING EAGLE RANvG14
APT
NOTES REGARDING RESERVES
SOARING EAGLE RANCH
PROJECTED BUDGET
* Road Reserves: Road Reserves will be collected from each lot owner
each year and held in reserve to fund a crack-fill and seal-coat application
every 5 years. After 10 years or 2 seal-coat applications, this reserve
amount will be adjusted to fund a patching and replacement maintenance
program. Assessments shall be determined by the HOA.
** Landscape Replacement: Landscape Replacement will top out at
$5,000 in the reserve account. This will be used to replace plants, repair
amenities such as walls or fences, etc.
*** Septic Management: Septic Management assessments will be
collected from each owner commencing at the time of septic permit
approval from the HOA and Weld County. Each annual assessment will
equal the sum of the annual inspection and maintenance amount plus 1/5
of the amount to pump the septic tank. Each tank will be at a minimum of
4 year intervals. Any additional pumping, as determined by the annual
inspection, will be an expense directly to the homeowner.
**** Irrigation System: The Irrigation System reserve will top out at
$10,000 in the reserve account. This will be used to repair or replace
irrigation system components (individual homeowner systems excluded).
Future assessments will be determined by the HOA.
11
o,?
alt,
rMONITORING/VENTILATION DIVERSION VALVE
PORTS ACCESS TO 'ZABEL'
'INFILTRATOR' CHAMBER SEPTIC TANK EFFLUENT
SYSTEM FILTER
SEPTIC TANK
SEPTIC TANK ACCESS
SIZE OF LEACH FIELD PORTS, TYPICAL
MAY VARY DUE TO THE SIZE
OF PROPOSED RESIDENCE
I_ AND SOILS CONDITIONS
SEPTIC LINE FROM
RESIDENCE
APPROXIMATE SEPTIC SYSTEM
L / ENVELOPE (40' X 60' = 2400 S.F.)
f/ J
Septic System - Plan
EXHIBIT A
Typical Septic System
Layout - Plan View o 10' 15' 20'
DRAFT
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , 20 , by
and between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,"and hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
(See Exhibit C—Legal Description)
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as Soaring Eagle Ranch has been submitted to the County for approval, and
WHEREAS, relevant Weld County Ordinances provide that no Subdivision Final Plat, Planned
Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public
improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned
Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for
completion, are listed in Exhibits "A" and"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering
services in connection with the design and construction of the Subdivision or Planned
Unit Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
1
1.3 Applicant shall furnish drawings and cost estimates for roads within the
Subdivision or Planned Unit Development to the County for approval prior to the
letting of any construction contract. Applicant shall furnish one set of
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and facilities traversed by the
proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit "A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B"which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County for such
public improvements
3.2 Applicant shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or
construction that is required by the County; and shall furnish copies of test results
to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be
completed, according to the terms of this Agreement, within the construction
schedule appearing in Exhibit "B." The Board of County Commissioners, at its
option, may grant an extension of the time of completion shown on Exhibit "B"
upon application by the Applicant subject to the terms of Section 6 herein.
2
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage County may suffer as a result of all suits, actions or
claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered
against the County on account of any such suit, action or claim, together with all
reasonable expenses and attorney fees incurred by County in defending such suit, action
or claim whether the liability, loss or damage is caused by, or arises out of the negligence
of the County or its officers, agents, employees, or otherwise except for the liability, loss,
or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational
safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by
the Applicant, streets within a Subdivision or Planned Unit Development may be
approved by the County as public roads and will be maintained and repaired by a
Homeowners Association or, in its absence, the owners of lots within the Subdivision or
Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in
service when completed according to the schedule shown on Exhibit "B," but
such use and operation shall not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for
which street improvements detailed herein have been started but not completed
as shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the Subdivision or Planned Unit Development
improvements in that phase of the development is satisfactory to the County; and
all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned
Unit Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect its streets
and recommend that the Board of County Commissioners partially approve them.
Not sooner than nine months after partial approval, the County Engineer shall,
upon request by the applicant, inspect the subject streets, and notify the
applicant(s) of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s) that any deficiencies have been corrected.
If the County Engineer finds that the streets are constructed according to County
standards, he or she shall recommend full approval. Upon a receipt of a positive
unqualified recommendation from the County Engineer for approval of streets
within the development, the Board of County Commissioners shall fully approve
said streets as public but with private pay.
3
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded
within six (6) months of the Final Plat approval. If acceptable collateral has not
been submitted within six (6) months then the Final Plat approval and all
preliminary approvals shall automatically expire. Applicant may request that the
County extend the Final Plat approval provided the cost estimates are updated
and the development plans are revised to comply with all current County
standards, policies and regulations. The improvements shall be completed within
one (1) year after the Final Plat approval (not one year after acceptable
collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and further provides that
cost estimates for the remaining improvements are updated and collateral is
provided in the amount of One-Hundred percent (100%) of the value of the
improvements remaining to be completed. If improvements are not completed
and the agreement not renewed within these time frames, the County, at its
discretion, may make demand on all or a portion of the collateral and take steps
to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision
Final Plat. The applicant would need only to provide collateral for the
improvements in each filing as approved. The County will place restrictions on
those portions of the property that are not covered by collateral which will
prohibit the conveyance of the property or the issuance of building permits until
collateral is provided or until improvements are in place and approved pursuant
to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to
Weld County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial
institution on a form approved by Weld County. The Letter of Credit shall state
at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in
4
•
the Improvements Agreement and the issuer has been notified of such
default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on
inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost estimate in
the Improvements Agreement (i.e., streets, sewers, water mains and
landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost
estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available
to Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of
the Letter of Credit shall be either the date of release by Weld County of
the final fifteen percent (15%), or one year from the date of Final Plat
approval, whichever occurs first. Said letter shall stipulate that, in any
event, the Letter of Credit shall remain in full force and effect until after
the Board has received sixty (60) days written notice from the issuer of
the Letter of Credit of the pending expiration. Said notice shall be sent
by certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following
are submitted:
8.2.1 In the event property within the proposed development is used as
collateral, an appraisal is required of the property in the proposed
development by a disinterested Member of the American Institute of
Real Estate Appraisers (M.A.I.) indicating that the value of the property
encumbered in its current degree of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set
forth in the Improvements Agreement plus all costs of sale of the
property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of
the property by a Member of the Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its
current state of development is sufficient to cover One-Hundred percent
5
(100%) of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of
the amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release
any remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State
of Colorado in an amount equivalent to One-Hundred percent (100%) of the
value of the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent (100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or
for a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during
the course of construction and the construction plans utilized are the same as
those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (CDOT)
Materials Manual.
9.3 The Engineer shall certify that the project is in substantial compliance with the
6
plans and specifications as approved, or that any material deviations have
received prior approval from the County Engineer prior to the release of
collateral. "As-Built"plans shall be submitted to the Weld County Engineer prior
to issuance of any Certificate of Occupancy on any new home in the
development.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,
by a letter of acceptance of maintenance and responsibility by the appropriate
utility company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 through 9.5 shall be noted on the final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by "Warranty
Collateral" in the amount of fifteen percent (15%) of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity, special district
or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by
the Board of County Commissioners.
10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by
the County, shall be deemed a covenant running with the land herein described, and shall
be binding upon the successors in ownership of said land.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of , 20 .
My Commission expires:
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara J. Kirkmeyer, Chair
M. J. Geile, Chair Pro-Tem
ATTEST:
George E. Baxter
Weld County Clerk to the Board
Dale K. Hall
BY:
Deputy Clerk to the Board Glenn Vaad
APPROVED AS TO FORM:
County Attorney
8
EXHIBIT "A"
Improvements Agreement
Name of Subdivision or Planned Unit Development: SOARING EAGLE RANCH. PUD
Filing: n/a
Location: Part of Sections 28 and 33, T7N, R67W of 6th P.M., Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout
this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank
where they do not apply.)
p i
CATEGORY a 111 PHASE III
Site Grading: 816,700 140,006 210,009 Y.a•
Potable Water:
A) Lines 234,280 103,338 126,270 ELL:1_::::=2:
"^-}-:' ?]
B) Hydrants 44,875 39,000 32,800 ,„..:7, r ig1 r" "
C) Fittings&Service 38,045 29,895 35,665 En: 'I.
Irrigation System: ----
A) Pump Station 180,000
B) Lines 63,500 67,212 82,161 - ,,. :. •
C) Services&Fittings 48,128 54,144 66,176 = �
: ` r s , +••
Storm Drainage ---- ""Y" "r^` - R
A) Culverts 55,041 11,795 11,795 7:L ET
a- . ..:r
B) Wiers 3,850 4,950
C) Erosion Control 34,491 5,913 8,860 Err:
Streets*
A) Grading 52,179 4,560 6,840 =
B) Base 241,389 153,079 178591� �T � e a
vS �.v' .a> x°
C) Paving 185,073 109,132 127,320
D) Striping&Control 20,100 2,000 2,000 ET"T ""l a a
Amenities' ---- - a r-'.
A) Landscaping 186,500 0 0x$1a' 7 ,aaa
B) Trail 56,914 0 30646
C) Open Space 197,200 42,650 25,350 r- ,-17-7-7-77-..77,4
_ a
L'
D) Fencing 61,875 0 0ELL,: s e +_.
E) Street Signs 2,475 550 825 7 7l :, ,
Utilities- ---- " '�' -,:•^•.T"..
A) Electric 98,500 69,372 88,628 ' "`1`rx'1r''•'" „"°^n`A3�sv7:.»$1
B) Telephone 32,000 36,000 44,000 ELI '� � , ," t '-1., NI
C) Gas 32,000 36,000 44,000 C2.17-7,77 4
TOTAL ESTIMATED COSTS: 2,685,115 909,596 1,121,945 . _*?*h ` w
The above improvements shall be constructed in accordance with all County requirements and specifications,and
conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said
improvements shall be completed according to the construction schedule set out in Exhibit"B."
APPLICANT:
EVERITT ENTERPRISES, INC.,A Colorado Corporatio DATE:
By: Stanley K. Everitt,Vice President c:soaring eagle/cost estimates/impr agt Ex A
EXHIBIT "B"
IMPROVEMENTS AGREEMENT
Name of Subdivision or Planned Unit Development: SOARING EAGLE RANCH, PUD
Filing: n/a
Location: Part of Sections 28 and 33, T7N, R67W of 6th P.M. Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements:
All improvements shall be completed within 10 years from the date of approval of the
Final Plat. Construction of the improvements listed in Exhibit"A" shall be completed as
follows: (Leave spaces blank where they do not apply.)
CATEGORY PHASE I PHASE II PHASE III
Site Grading 11/2000- 5/2001 Winter/Spring 2002 Fall 2003
Potable Water 11, 12/2000- 1/2001 Spring 2002 Winter 2003-2004
Irrigation Water 2/2001 -5/2001 Spring/Summer 2002 Winger/Spring 2004
Storm Drainage 11/2000- 5/2001 Summer 2002 Spring 2004
Streets 4/2001 -6/2001 Summer/Fall 2002 Spring/Summer 2004
Amenities 5/2001 -7/2001 Summer/Fall 2002 Summer 2004
Utilities 3/2001 -5/2001 Summer/Fall 2002 Spring/Summer 2004
NOTE: Improvements shall be completed within one year of starting
construction of each Phase, and, Phase I shall be completed within one year from
the date of approval of the Final Plat. Phase II and Phase III may not be
sequential. Projected start dates will depend on market conditions and other
factors.
The County, at its option, and upon the request of the Applicant, may grant an extension
of time for completion for any particular improvements shown above, upon a showing by
the Applicant that the above schedule cannot be met.
APPLICANT: DATE:
EVERITT ENTERPRISES, INC., A Colorado Corporation
By:
Stanley K. Everitt, Vice President
1)RApr
THIS DECLARATION CONTAINS NO RESTRICTION BASED
ON RACE, COLOR, GENDER, RELIGION, OR NATIONAL ORIGIN.
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS
AND RESTRICTIONS FOR SOARING EAGLE RANCH WELD COUNTY P.U.D.
(A COMMON INTEREST LIMITED EXPENSE PLANNED COMMUNITY)
THIS DECLARATION of Protective Covenants, Conditions and
Restrictions (this "Declaration") is made by Everitt Enterprises,
Inc. , a Colorado corporation ("Declarant") ;
RECITALS :
Section A. Declarant is the owner of all property
depicted on the SOARING EAGLE RANCH, PUD (the "Subdivision Plat")
reco'• ded in the records of the Clerk and Recorder, Weld County,
Colorado, a subdivision in the County of Weld, State of Colorado
(the "Property") .
Section B. The Property is subject to this Declaration.
Section C. Declarant desires to create a common interest
limited expense planned community, pursuant to the Colorado Common
Interest Ownership Act, C.R. S. §38-33 . 3-101, et seq. , as it may be
amended from time to time (the "Act" ) , in which portions of the
Property will be designated for separate ownership and the
remainder of which will be owned by the Association, as defined
herein, provided; however, that such planned community shall
constitute a limited expense planned community, as provided in
C. R. S . §38-33 . 3-116, as amended from time to time, and, as
provided by the Act, shall be subject only to §38-33 . 3-105, 38-
33 . 3-106, and 38-33 . 3-107 of the Act . Other provisions of the Act
shall be inapplicable to the Property and this Declaration.
SUBMISSION OF REAL ESTATE
Declarant hereby declares that, in addition to all applicable
governmental laws and ordinances, the following terms, covenants,
conditions, easements, liens, reservations, restrictions, uses,
locations, and obligations are adopted and shall be deemed to run
with the land, and shall be a burden and benefit to any person or
persons acquiring or owning an interest in the Property and any
improvements thereon, their grantees, successors, heirs, personal
representatives, administrators, devisees, transferees, or
assigns .
1
ARTICLE I
1 . DEFINITIONS.
Section A. "Association" shall mean and refer to the SOARING
EAGLE RANCH HOMEOWNERS ASSOCIATION, INC. , a Colorado Non-Profit
Corporation, its successors, and assigns . Members of the
Association shall be the Owners of Lots in the Soaring Eagle Ranch
Subdivision.
Section B. "Owner" shall mean and refer to the record owner,
including the Declarant, whether one or more persons or entities,
of the fee simple title of any Lot which is part of the Property,
including contract purchasers, but excluding those having such
interest merely as security for the performance of an obligation.
While nothing herein shall limit the ability of an owner to rent
an owner' s residence, multi-family dwelling, apartment or other
dwelling to residential tenants, such tenants shall not be
considered "owners" under the terms of this Declaration.
Section C. "Property" or "Soaring Eagle Ranch Subdivision"
shall mean and refer to that certain real property hereinbefore
described and such additions thereto as may hereafter be brought
within this Declaration and/or the jurisdiction of the Association
by annexation, or otherwise.
Section D. "Common Area" shall mean and refer to all real
property owned or controlled by the Association for the common use
and enjoyment of the Owners, including those areas to be
maintained by the Association in accordance with the Environmental
Management Handbook, and shall include all parking and median
landscaping, and Outlots A and B, and Open Space Tracts 1 - 13, as
depicted on the Soaring Eagle Ranch Subdivision Plat . "Common
Area" shall also include the Roads and Easements, as defined
herein, except to the extent such Roads and Easements are
dedicated to and accepted for maintenance by Weld County,
Colorado.
Section E. "Roads and Easements" shall mean and refer to all
roads, streets and easements shown on the recorded plat of the
Soaring Eagle Ranch Subdivision.
Section F. "Environmental Management Handbook" shall mean
and refer to the Environmental Management Handbook for the Soaring
Eagle Ranch Subdivision as approved by the County of Weld,
Colorado, and which describes various components of the
development of the Soaring Eagle Ranch Subdivision which will be
the responsibility of the Association or Lot Owners . A copy of
the Environmental Management Handbook is attached hereto as
Exhibit A and incorporated herein by reference .
Section G. "Lot" shall mean and refer to any plot of land
shown on any recorded subdivision plat of the Property, together
2
with any improvements thereon, with the exception of the Common
Area.
Section H. "Architectural Review Committee" shall mean and
refer to the Architectural Review Committee, hereinafter further
defined and organized.
Section I. "Common Expenses" shall mean and refer to
maintenance, insurance, taxes, repair, operations, management and
administration expenses, legal and accounting expenses, and other
expenses declared by the provisions of this Declaration and by the
Bylaws and Articles of Incorporation of the Association to be
Common Expenses, and all sums lawfully assessed against the Common
Area by the Association. Common Expenses shall include, without
limitation, the cost to irrigate and maintain all landscaping to
the Common Area, maintaining all fencing erected by Declarants on
or adjacent to the Common Area, and maintenance of all signage and
lighting for the entryways to the Soaring Eagle Ranch Subdivision.
"Common Expenses" shall also include, without limitation,
maintenance, repairs, operations, management and other
administrative expenses, legal and accounting expenses, and other
expenses associated with the systems, facilities, and privately
owned open space described in and required to be maintained by the
Association in accordance with the Environment Management Handbook
or determination made by the Association
Section J. "Declarant" shall mean and refer to Everitt
Enterprises, Inc. , a Colorado corporation, and/or its successors
and assigns, who, by written instrument executed by the then-
current Declarant, and recorded in the Weld County, Colorado real
estate records, agrees to an assignment of all or a portion of the
duties and/or rights of Declarant, as described herein.
ARTICLE II
1 . LIMITED EXPENSE PLANNED COMMUNITY ASSESSMENT LIMITATION.
The annual average Common Expense liability of each Lot
restricted to residential purposes, exclusive of optional user
fees and any insurance premiums paid by the Association, may in no
event exceed Four Hundred Dollars ($400 . 00) (or such greater
amounts as may in the future be allowed under the Act with respect
to the existence of limited expense planned communities) , as
adjusted pursuant to Section 2 of this Article, and the Property
in this Declaration is subject only to C. R. S . §38-33 . 3-105, 38-
33. 3-106 and 38-33 . 3-107, of the Act, as amended from time to
time, which provisions are hereby incorporated into this
Declaration.
2 . CONSUMER PRICE INDEX INCREASES TO ASSESSMENT LIMITATION. The
Four Hundred Dollar ($400 . 00) limitation set forth in Section 1 of
this Article shall be increased annually on , 2001,
3
and on of each succeeding year, in accordance with
any increase in the United States Department of Labor, Bureau of
Labor Statistics, Final Consumer Price Index for the
Denver/Boulder Consolidated Metropolitan Statistical Area for the
preceding calendar year. The limitation shall not be increased if
the final Consumer Price Index for the preceding calendar year did
not increase, and shall not be decreased if the final Consumer
Price Index for the preceding calendar year decreased.
ARTICLE III
1 . OWNER' S RIGHTS.
Section A. Owners' Easements o£ Enjoyment. Every Owner
shall have a nonexclusive right and easement of enjoyment in and
to the Common Area, except closed areas such as wildlife habitat,
which shall be appurtenant to and shall pass with the title to
every Lot, subject to the following provisions.
(i) The right of the Association, through its Board of
Directors, to charge reasonable fees, fines and assessments
(including attorney' s fees relating to the collection of the same)
with respect to the maintenance, use or misuse of the Common Area
or any other portion of the Property, or the non-compliance of any
Owner with this Declaration.
(ii) The right of the Association, through its Board of
Directors, to suspend the voting rights and right to use of the
Common Area or portions thereof by an Owner for any period during
which any assessment, fee, fine or lien imposed by the Association
against an Owner ' s Lot remains unpaid.
(iii) The right of the Association, through its Board of
Directors, to suspend the right to use of the Common Area or
portions thereof by an Owner for any period during which the Owner
fails to comply with the terms of this Declaration.
(iv) The right of the Association, through its Board of
Directors, to dedicate or transfer all or any part of the Common
Area to any public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed to by the
Association.
(v) The right of the Association to limit access to and/or
use of portions of the Common Area as part of the management of
said areas . Such limitations may be imposed by the Association
only to protect environmentally sensitive areas such as wetlands,
riparian habitat or other areas that may be sensitive to or
damaged by Owners' activities on or in these areas .
In the event a regional trail system is created which
would include Tract A of Soaring Eagle Ranch, and said trail
system is structured in such a way that all liability,
4
maintenance, management and control of the trail is transferred to
a public entity, and, the Larimer and Weld Irrigation Company
agrees to the location of said trail, in their sole discretion, on
Tract A, the Association shall dedicate and convey Tract A to said
public entity. Such dedication shall not include compensation to
the Association; however, the Association may require a fence to
be installed along the trail that is designed and constructed to
meet Soaring Eagle Ranch fence criteria. Said fence would be
funded and installed by the trail system organization prior to
dedication of Tract A, and would be maintained by the trail system
organization in perpetuity.
An Easement has been granted to Larimer and Weld Irrigation
Company, Inc. for ingress, egress, and any and all access
necessary for the operation and maintenance of the Larimer and
Weld irrigation ditch. Said Easement is a minimum of 75' wide
from the centerline of the ditch or wide enough to accommodate the
operation and maintenance of the ditch. No construction of
improvements shall occur on said Easement without prior written
consent of Larimer and Weld Irrigation Company, and Declarant .
Section B. Association Rules and Regulations. The
Association shall have the right and power, through its Board of
Directors, to adopt such rules and regulations as it, in its
discretion, shall determine from time to time to regulate and
govern the use of, and construction of improvements on, the Common
Area and the Soaring Eagle Ranch Subdivision. Such rules and
regulations may include the imposition of reasonable fines, fees,
assessments (including attorney' s fees incurred in collection of
the same) .
Section C. Delegation of Use. Any Owner may delegate, in
accordance with the By-Laws, his right of enjoyment to the Common
Area to the members of his family, his tenants, or contract
purchasers who reside on the Property.
Section D. Right to Farm. Weld County is one of the most
productive agricultural counties in the United States . The rural
areas of Weld County may be open and spacious, but they are
intensively used for agriculture . Persons moving into a rural
area must recognize there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services
than in town.
Agricultural users of the land should not be expected to
change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area . Well
run agricultural activities will generate off-site impacts,
including noise from tractors and equipment; dust from animal
pens, field work, harvest, and gravel roads; odor from animal
confinement, silage, and manure; smoke from ditch burning; flies
and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved "out of the way" of residential
5
development without threatening the efficient delivery of
irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4, 000 square miles in
size (twice the State of Delaware) with more than 3, 700 miles of
state and county roads outside of municipalities . The sheer
magnitude of the area to be served stretches available resources .
Law enforcement is based on responses to complaints more than on
patrols of the county and the distances which must be traveled may
delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to
emergencies . County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days
after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be
the private responsibility of the homeowners . Services in rural
areas, in many cases, will not be equivalent to municipal
services .
Children are exposed to different hazards in the 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. Parents are responsible for their
children.
ARTICLE IV.
1 . ADMINISTRATION.
Section A. The administration of the Property by the
Association shall be governed by this Declaration, the Articles of
Incorporation and the Bylaws of the Association.
2 . ASSOCIATION MEMBERSHIP AND VOTING RIGHTS.
Section A. Membership in the Association will be comprised
of Owners of Lots in the Soaring Eagle Ranch Subdivision.
Membership shall be appurtenant to and may not be separated from
ownership of any Lot . Membership shall pass by operation of law
upon the sale of any Lot, which sale may be by deed or by
installment land contract .
Section B. The Association shall have two (2) classes of
voting members, as follows :
(i) Each Lot owned by an Owner, other than Declarant, shall
be allocated one (1) vote in the Association, as more fully
provided in the Bylaws of the Association. When more than one
6
person or entity owns an interest in a Lot, all such persons
and/or entities shall aggregately be considered one Member of the
Association. The vote for such Lot shall be exercised as the
Owners thereof among themselves determine, but in no event shall
more than one vote be cast with respect to any one Lot (in the
event that the multiple Owners of a Lot cannot determine among
themselves which Owner may cast the vote for the applicable Lot,
the Association shall be entitled to rely on the vote of the first
Owner listed on the current deed relating to the applicable Lot,
or in the event of current multiple deeds, the Association may
rely on the vote of the first Owner listed on the first of such
multiple deeds) .
(ii) Each Lot owned by Declarant shall be allocated ten (10)
votes in the Association, as provided in the Bylaws of the
Association.
ARTICLE V
1 . COVENANT FOR COMMON AREA MAINTENANCE RESPONSIBILITIES.
Section A. Covenant for Maintenance of Common Area. The
Association, through its Board of Directors, will provide for the
maintenance of the Common Area . Declarant shall have, in its sole
discretion, control of when initial installation of landscaping on
the Common Area is to be commenced and completed.
Section B. Insurance. The Association, through its Board of
Directors, shall maintain such insurance coverage, as a Common
Expense, as it in its sole discretion shall determine from time to
time .
Section C. Enforcement of the Environmental Management
Handbook Requirements . The Association, through its Board of
Directors, shall enforce all requirements as described in the
Environmental Management Handbook
Section D . Delegation. The Board of Directors of the
Association may from time to time enter into such management
agreements or arrangements with such persons, firms, or
corporations as it shall so elect to perform the duties of the
Association and shall pay such compensation for such services as
it, in its sole discretion, shall so determine . Subject to the
right of the Declarant to appoint the members of the Architectural
Review Committee, the Board of Directors of the Association shall
appoint on an annual basis, an Architectural Review Committee
which will perform the functions hereinafter described. The Board
of Directors may appoint other committees to assist the
Association in the performance of the Association ' s duties .
ARTICLE VI
1 . ASSESSMENT FOR COMMON EXPENSES.
7
Section A. Personal Obligation of Owners for Assessments.
Each Owner for any Lot by acceptance of a deed therefor, whether
or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay the estimated assessments imposed by the
Association to meet the Common Expenses attributable to the
Property. Assessments for the estimated Common Expenses shall be
due monthly or at such other intervals as may be set by the
Association from time to time. The Association shall prepare and
deliver by mail to each member at such intervals as may be set by
the Association from time to time, a statement for the estimated
Common Expenses .
Section B. Amount of Assessments. Assessments made for the
Common Expenses shall be based on the cash requirements deemed to
be the aggregate sum the Association shall, from time to time,
determine is to be paid by the Owners, to provide for payment of
all estimated expenses growing out of or connected with the
maintenance or operation of the Common Area, which sum may
include, among other things, Common Expenses, expenses for
management, taxes and special assessments, casualty and public
liability and other insurance premiums, landscaping and care of
grounds, common lighting, repairs, and renovations, wages, water
charges, legal and accounting fees, management fees, expenses and
liabilities incurred by the Association under or by reason of this
Declaration, the payment of any deficit remaining from a previous
period, and the creation of a reasonable contingency or other
reserve, sinking, or surplus fund, as well as other costs and
expenses related to the Common Area. In no event shall the annual
average Common Expense liability of each Lot be restricted to
residential purposes, exclusive of optional user fees and any
insurance premiums paid by the Association, exceed the amounts
described in Article II above .
Section C. Notice of Assessments. The Board of Directors of
the Association shall fix the amount of the assessment to be made
against each Owner at least thirty (30) days in advance of the
assessment period. The due date shall be established by the Board
of Directors and set forth in the notice of the assessment .
Section D. Exempt Property. All property dedicated to and
accepted by a local public authority, and all properties owned by
a charitable or non-profit organization exempt from taxation by
the laws of the State of Colorado shall be exempt from the
assessments created herein. However, no lands or improvements
devoted to dwelling use shall be exempt from said assessments .
2 . DESTRUCTION OF COMMON AREAS. If the Common Area or a portion
thereof is destroyed by fire or other casualty, the Board of
Directors may replace or repair the Common Area if the Board of
Directors determines that such replacement or repair is in the
best interest of the Owners of the Property.
8
ARTICLE VII
1 . LIEN FOR NONPAYMENT OF ASSESSMENTS.
Section A. Effect of Nonpayment of Assessments; Remedies of
the Association. Each Owner shall be allocated a fraction of the
total Common Expenses, which fraction shall have as its numerator
the number of Lots owned by each Owner, and the denominator of
which shall be the total number of Lots in the Property. Each
Owner shall pay the Owner ' s proportionate share of the Common
Expenses and expenses of administration, maintenance, and repair
of the Common Area and any other expenses set forth in this
Declaration, or lawfully assessed by the Association. Payment
thereof shall be in such amounts and at such times as may be
determined by the Association. If any Owner shall fail or refuse
to make any such payments of the Common Expenses when due, the
amount thereof, including late charges and interest, shall
constitute a lien against the Lot of the Owner, together with the
Owner ' s interest in the Common Area, and upon the recording of
notice thereof by the Association, such liens shall be constituted
upon such Owner' s interest in said Lot prior to all other liens
and encumbrances, recorded or unrecorded, except only (a) taxes,
special assessments, and special taxes theretofore or thereafter
levied by any political subdivision or municipal corporation of
this state, and other state or federal taxes which by law a lien
on the interest of such Owner prior to pre-existing recorded
encumbrances thereon, and (b) all sums unpaid on a first mortgage
or first trust deed of record, including ail unpaid obligatory
sums as may be provided by such encumbrance, and including
additional advances made thereon prior to the arising of such
lien.
Section B. Evidence of Lien. To evidence such lien for
unpaid assessments, the Association shall prepare a written notice
setting forth the amount, the name of the Owner of the Lot, and a
description of the Lot. Such notice shall be signed on behalf of
the Association by an officer of the Association and shall be
recorded in the office of the Clerk and Recorder of the County of
Weld. Such lien may be enforced by the foreclosure of the
Association of the defaulting Owner ' s Lot in like manner as
mortgages on real property. The lien provided herein shall be in
favor of the Association and for the benefit of all of the members
of the Association. In any such foreclosure, the Owner shall be
required to pay all the costs and expenses of such proceedings;
the costs, expenses, and attorney' s fees which preceded the filing
of such proceeding; and the costs, expenses and attorney' s fees
for filing the notice of claim of lien; and all reasonable
attorney' s fees in connection with such foreclosure and all such
unpaid amounts, including late charges and interest, shall
constitute a lien on the Lot of the Owner, together with the
Owner' s interest in the Common Area, and shall have the same
priority, and shall be documented, evidenced, attached, enforced
9
and accompanied by the same benefits as the lien for non-payment
of assessments herein described. The Owner shall also be required
to pay to the Association all assessments during the period of a
foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same. The Association,
on behalf of the members, shall have the power to bid on the Lot
at foreclosure sale and to acquire, hold, lease, mortgage, and
convey the same. The Association shall send to each first
mortgagee a copy of the notice of lien provided for herein. Any
encumbrancer holding a lien on a Lot may, but shall not be
required to, pay any unpaid Common Expenses payable with respect
thereto; and upon such payment, such encumbrancer shall have a
lien on such Lot for the amounts paid of the same rank as the lien
of his or its encumbrance.
ARTICLE VIII
1 . OWNER' S OBLIGATION FOR PAYMENT OF ASSESSMENTS.
Section A. Personal Obligation to Pay Assessments. The
amount of expenses assessed by the Association against each Owner
shall be the personal and individual debt of the Owner at the time
the assessment is made. Suit to recover a money judgment for
unpaid Common Expenses shall be maintainable without foreclosing
or waiving the lien securing the same . No Owner may exempt
himself or itself from liability for his or its contribution
toward the Common Expenses by waiver of the use or enjoyment of
any of the Common Area, or by abandonment of the Lot of the Owner.
Section B. Liability o£ Grantee. The grantee of a Lot shall
be jointly and severally liable with the grantor for all unpaid
assessments against the latter for his or its proportionate share
of expenses up to the time of the grant or conveyance without
prejudice to the grantee' s right to recover from the grantor the
amounts paid to the grantee therefore; provided, however, that
upon payment of a reasonable fee not to exceed twenty dollars
($20) and upon written request, any such prospective grantee shall
be entitled to a statement from the Association setting forth the
amount of the unpaid assessments, if any, with respect to the
subject Lot, the amount of the current assessment and the period
that it covers, and the date the assessment comes due, credit for
advance payments or for prepaid items which shall be conclusive
upon the Association. Unless such request for a statement of
indebtedness shall be sent by the Association to the prospective
grantee within twenty (20) days of such request, then such grantee
shall not be liable for, nor shall the Lot, if conveyed to the
grantee, be subject to a lien for any unpaid assessments against
the subject Lot .
ARTICLE IX
1 . LAND USE AND BUILDING TYPE. Unless permitted by the
10
Architectural Review Committee, in its sole discretion, no Lot
shall be used except for residential purposes . Notwithstanding
the foregoing, Owners may use their residences for in-home
businesses if (i) consistent with applicable governmental zoning
ordinances, (ii) traffic is not unreasonably increased in the
Soaring Eagle Ranch Subdivision, and (iii) such use is approved in
advance by the Architectural Review Committee, in its sole
discretion; provided, further, that the Architectural Review
Committee can revoke such use in its discretion at any time.
Except as provided herein, or except as may otherwise be allowed
by the Architectural Review Committee, in its sole discretion, no
building shall be erected, altered, placed, or permitted to remain
on any Lot other than single-family dwellings of a height, size
and location as approved in the sole discretion of the
Architectural Review Committee. Except as provided herein, no
building, structure, fence, trellis, or other improvement shall be
erected, altered, placed or permitted to remain on any Lot except
as approved in the sole discretion of the Architectural Review
Committee.
2 . MINIMUM SQUARE FOOTAGE. Except as otherwise permitted by the
Architectural Review Committee in its sole discretion, no dwelling
shall be erected, altered, or permitted to remain on any Lot
unless the finished floor space area thereof, exclusive of
basement, open porches, garages, and attached out-buildings, and
based on exterior measurements, is not less than:
a . 1800 square feet for a one-story dwelling;
b. 2200 square feet for more than a one-story dwelling.
3 . BUILDING LOCATION AND SET-BACK REQUIREMENTS. Each lot
contains building, landscaping, and designated septic system leach
field envelopes which are identified on the recorded Plat and
which will be enforced according to the provisions of the Plat and
these Covenants . The location and set-back of each building on any
Lot shall be determined, in the sole discretion of the
Architectural Review Committee, which setback and location
restrictions and limitations shall be at least consistent with all
applicable governmental zoning ordinances, subdivision regulations
and building codes . The Architectural Review Committee may, in its
sole discretion, require and enforce varied and more restrictive
set-back and location requirements with respect to the various
Lots located in the Soaring Eagle Ranch Subdivision. No portion of
any improvement or building on a Lot may encroach upon another
Lot . Unless otherwise approved by the Architectural Review
Committee, in its sole discretion, all improvements on a Lot,
including, without limitation, the Owners' residence, all garages,
storage sheds, other buildings, and all fencing, shall be located
within the designated Building Envelope Area . Additionally, all
landscaping on each Lot shall be located within the Landscaping
Envelope Area, unless otherwise approved by the Architectural
11
Review Committee, in its sole discretion; provided, however, that
the portions of the Lot outside of the Landscaping Envelope Area
will be planted by the Owner with a drought-tolerant native grass
seed mix which will be the same seed mix used in the Common Areas .
Any shrub, tree, bush, or other landscaping outside of the
building envelope area will also be subject to the approval of the
Architectural Review Committee .
4 . SPECIAL PROVISIONS RELATING TO EQUESTRIAN LOTS 1, 8, 53, 50 ,
70 and 76 OF SOARING EAGLE RANCH: The Equestrian Lots are located
adjacent to Highway 257 and are designed to serve as a buffer
between Highway 257 and the residential lots . These lots are
subject to specific provisions, as follow, and as further
addressed in the Environmental Management Handbook and the
Architectural Review Handbook:
a) Building envelopes for houses and barns are
specifically depicted on the recorded Plat of the
Property.
b) The Architectural Review Committee, in its sole
discretion, must approve the mix of livestock allowed
on these lots .
c) No more than one head of livestock per two acres will
be allowed.
d) Each owner must submit a management plan to the
Architectural Review Committee for review and approval
addressing types and quantity of livestock. Also
included must be a plan for the care and management of
the livestock and the outbuildings, fencing, trailer
and equipment parking, etc. , that will be proposed on
these lots .
5 . OTHER PROVISIONS RELATING TO THE CONSTRUCTION OF
IMPROVEMENTS.
a . Garages and Storage Sheds. Unless otherwise consented
to in writing by the Architectural Review Committee in its sole
discretion, no detached garages, storage sheds, garden houses, or
other buildings shall be constructed on any Lot .
b. Exterior Dwelling Roofs. All roofs must be approved by
the Architectural Review Committee and, unless otherwise approved
by the Architectural Review Committee, in its sole discretion, all
exterior dwelling roofs shall be, at a minimum, at least a 30-year
warranty composition shingled roof.
c. Sanitation and Appearance of Lots During Construction.
During the construction of a dwelling on a Lot, the Owner of such
Lot is responsible for ensuring that the Owner or Owner ' s builders
(i) provide a portable toilet at the construction site; (ii)
provide suitable receptacles for construction waste; (iii) do not
deposit excess concrete, building materials and waste on the
Common Area, adjacent Lots, ditches, or on the Roads and
12
Easements, and that all such materials are appropriately removed
from the Property by at least the time the construction of the
dwelling is complete; (iv) pay for and repair any damage to Common
Area, Roads and Easements, drainage ways, or any other portion of
the Property occurring during the construction of the dwelling;
and (v) provide perimeter fencing (other than frontage fencing) on
the Lot prior to and during the course of construction on the Lot.
d. Architectural Design. The overall building design and
the overall design of any improvements constructed on a Lot,
including, but not limited to, size, exterior materials and colors
and solar energy systems, shall be subject to the approval of the
Architectural Review Committee, in its sole discretion. The
Architectural Review Committee may adopt from time to time an
Architectural Control Handbook (the "Architectural Control
Handbook") , setting forth such matters which may include the size,
exterior materials, colors, and systems which may be permitted on
the Property. The Architectural Control Handbook may be changed
at any time without notice, in the sole discretion of the
Architectural Review Committee.
e. Site Planning. Overall site planning and grading of
each Lot shall be subject to the approval of the Architectural
Review Committee, in its sole discretion.
6. PERMITTED USES. No noxious or offensive activity shall be
carried on upon any Lot, or the Common Area, nor may anything be
done which may be or may become an unreasonable nuisance or
annoyance to the Property or other Owners . No Lot shall be used
as a parking or storage area for vehicles or materials of any
kind, other than personally owned automobiles of the Owner, and
except for a reasonable term while a structure on said Lot is
under construction. No Lot or other portion of the Property shall
be used by an Owner as a parking or storage area for personally
owned automobiles intended for commercial purposes to the extent
that such automobiles constitute an unreasonable nuisance or
annoyance to the Property or other Owners as to the size or
quantity thereof. The Architectural Review Committee may from time
to time formulate and adopt guidelines indicating the number and
size of personally owned automobiles intended for commercial
purposes which may be parked or stored on the Property by an
Owner.
No campers, trailers, motorhomes, buses, tractors/trailers,
"RV' s" (recreational vehicles) or boats shall be stored or parked
on the Property in excess of forty-eight (48) consecutive hours
during any week and/or in excess of 96 hours during any month,
except if stored in an enclosed garage. The Architectural Review
Committee may approve short term RV parking of visitors on Owners'
Lots upon the request of the Owner. Said RV parking shall not
exceed 14 days in any calendar year. No motor vehicles of any
kind, including cars, trucks, trailers, motorcycles, or the like,
13
may be stored, junked, or otherwise maintained anywhere on any Lot
or any other portion of the Soaring Eagle Ranch Subdivision in any
idle or unworkable condition, unless inside a garage or part of an
approved management plan on an Equestrian Lot . No motor vehicle
or machine will be overhauled or rebuilt on any portion of the
Property, unless entirely enclosed in a garage or other
improvement approved by the Architectural Review Committee in its
sole discretion. Except as otherwise provided herein, only those
vehicles and machines in good running condition which are
currently licensed and registered are permitted on any portion of
the Property.
7 . MINERAL EXTRACTION. No mining or extraction of minerals
shall be permitted on any Lot, including seismic or other mineral
or extraction testing.
8 . WATER AND SANITATION. Any residence constructed on any Lot
shall be connected with any public or community water or sewage
disposal system which may be formed or created to serve the
Soaring Eagle Ranch Subdivision. Notwithstanding the foregoing,
and subject to the Environmental Management Handbook, septic
systems may be allowed, if approved by the Architectural Review
Committee, in its sole discretion, and Weld County, or such other
governmental entity having jurisdiction over the Property.
Privies, outhouses, chemical toilets, etc. , are expressly
prohibited except for a reasonable period of time during the
construction of a residence on a particular Lot .
9. DRAINAGE. Each Owner is responsible for providing adequate
water drainage from the Owner' s Lot into existing storm drains or
street facilities so that such water does not drain onto adjacent
Lots, unless provided for on approved drainage plan. No chemicals
or petroleum products shall be allowed to drain into storm drains
or street gutters but this Paragraph will not prevent the
application in normal quantities of customary insect, animal, or
plant control substances, fertilizers, and plant foods on Lots
even if run-off from the Lots could carry these substances into
the storm drain system.
10 . REFUSE AND RUBBISH. All property and premises shall be kept
in a clean and sanitary condition at all times . No Lot shall be
used or maintained as a dumping ground for rubbish, trash, or
garbage, or any other form of solid, semisolid, or liquid waste.
Rubbish, garbage, or other waste shall be kept and disposed of in
a sanitary container. All containers or other equipment for the
storage or disposal of garbage, trash, rubbish, or other refuse
shall be kept in a clean, sanitary condition and shall be kept
inside the residence or individually housed or screened from view.
No trash, litter, or junk shall be permitted to remain exposed
upon the premises and visible from public roads or adjoining or
nearby premises . Burning of trash will not be permitted at any
time in the Soaring Eagle Ranch Subdivision, during construction
or otherwise.
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11 . YARD MAINTENANCE AND LAWN SEEDING. Each Lot owned by an
Owner other than Declarant will be completely landscaped with
grass or other landscaping accepted in writing by the
Architectural Review Committee. Each Owner, other than Declarant,
will prepare a landscape plan, complete with a timetable for
starting and completion, which plan will be submitted for written
approval to the Architectural Review Committee contemporaneously
with the submission of the dwelling plans and specifications
described below or within thirty (30) days after the dwelling is
occupied. Unless otherwise approved by the Architectural Review
Committee, in its sole discretion, any Lot on which a dwelling is
occupied between May 1 and September 1 of any year shall complete
grass, seeding or sodding erosion and weed control landscaping
within thirty (30) days after the occupation of the dwelling and
the remainder of all landscaping will be completed in accordance
with the timetable described in the landscape plan, but not later
than six (6) months after the dwelling is inhabited, unless
otherwise extended in the sole discretion by the Architectural
Review Committee. All dwellings occupied in other months shall
complete grass, seeding, or sodding erosion and weed control
landscaping by the next July 1st and the remainder of all
landscaping will be completed in accordance with the timetable
described in the landscape plan but not later than six (6) months
after the dwelling is inhabited. All Owners of Lots other than
Declarant shall cut and control all weeds and vegetation growing
on all Lots, whether vacant, occupied, or those with improvements
under construction.
12 . APPEARANCE OF LOTS. Each Lot at all times shall be kept in a
clean, sightly, and wholesome condition. No trash, litter, junk,
boxes containers, bottles, cans, implements, machinery, lumber, or
other building materials shall be permitted to remain exposed upon
any Lot so they are visible from any neighboring Lot or streets,
except as necessary during the period of construction.
In the event any structure is destroyed, either wholly or
partially, by fire or any other casualty, said structure shall be
promptly rebuilt or remodeled to conform with this Declaration; or
if the structure is not to be rebuilt, all remaining portions of
the structure, including the foundation and all debris, shall be
promptly removed from the Lot.
13 . SIGNS. No signs shall be located on any Lots except
reasonably-sized signs offering the Lot for sale and except
builders ' or suppliers ' signage during the period of construction,
or unless approval for such other sign or signs is obtained in
writing by the Architectural Review Committee, said Committee
reserving the right to disapprove all such requests for signs
except those described above .
14 . ANIMALS. No animals, livestock, cattle, swine, fowl,
poultry, or insects of any kind shall be housed, raised, or left
15
on any Lot either temporarily or permanently except commonly
accepted domestic household pets may be kept, provided they are
not kept or maintained for any commercial purpose. However,
Equestrian Lots #1, 8, 50, 53, 70 and 76 may be approved for
housing of specific livestock at the sole discretion of the
Architectural Review Committee. Animal pens shall be maintained on
a regular basis to assure a neat and orderly appearance and a
clean and healthy atmosphere.
15 . CLOTHES LINES. No clothes lines are to be installed on any
Lot .
16. EXTERIOR ANTENNAE. No outside radio or television antennae
or satellite dishes shall be permitted on any Lot or any part of
the Common Area unless approved by the Architectural Review
Committee in its sole discretion, or except as otherwise allowed
by State or Federal law.
17 . RESUBDIVISION. The erection of more than one dwelling per
Lot or the resubdivision of Lots is prohibited unless consent of
the Architectural Review Committee is first obtained in writing.
Additionally, no Lot may be resubdivided or have two principal
buildings located thereon without approval of the Architectural
Review Committee and the County of Weld, or such other
governmental entity having jurisdiction over the Property.
18 . FENCES. The construction of all fencing, screening, awnings,
trellises and the like, shall be constructed by professional
companies , and such companies shall be subject to the approval of
the Architectural Review Committee . All fencing, screening,
awnings, trellises and the like shall be maintained in good repair
and shall be of the size, color, and material as approved by the
Architectural Review Committee, in its sole discretion, and as may
be further described in the Architectural Control Handbook adopted
by the Architectural Review Committee .
19 . COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT HANDBOOK. Each
Owner covenants to comply with those requirements of the
Environmental Management Handbook which are specific to ownership
of a Lot . Each Owner covenants not to violate any provision of
the Environmental Management Handbook.
ARTICLE X
1 . ARCHITECTURAL REVIEW.
There shall be created a committee called the Soaring Eagle
Ranch Architectural Review Committee. No building shall be
erected, placed, or altered on any Lot, nor shall any wall, fence,
or other enclosure, deck, patio, porch, solar collector, or other
improvement, be located thereon, until construction plans and
specifications, including, without limitation, exterior colors for
painted and stained surfaces, plot plan and configuration, size
and square footage of improvements, have been submitted to and
16
have been approved by the Architectural Review Committee, in its
sole discretion, as to quality of workmanship and materials,
harmony of design with surrounding structures, exterior colors,
location with respect to topography and grade .
Two (2) complete sets of plans and specifications (including
landscaping plans) with complete detail shall be furnished to the
Architectural Review Committee. All plans and specifications must
be complete, legible, and understandable but need not be
professionally drawn or prepared. The Architectural Review
Committee reserves the right to reject plans and specifications if
they, in their sole discretion, deem them to be incomplete or
insufficient . Additionally, the Architectural Review Committee
reserves the right to waive or vary from any of the requirements
described in this Declaration. The Architectural Review Committee
may retain one (1) set as part of its permanent files . The
following items must be included in such plans and specifications
in addition to other items which the Architectural Review
Committee may require, in its sole discretion from time to time,
and shall, without limitation, be subject to approval of the
Architectural Review Committee in its sole discretion:
a . Size and square footage of finished space including
floor plans;
b. Exterior elevations.
c. Exterior colors and samples of exterior materials . All
colors must conform to the requirements of the Architectural
Review Committee, as may be described in the Architectural Control
Handbook.
d. Such plans must demonstrate that the improvements are
in harmony with the design of surrounding structures and show
variations in the exterior design to avoid monotony of repetition
with other surrounding structures;
e. Plot layout with respect to topography, grade and
drainage in relation to existing dwellings and drainage.
2 . COMPLIANCE DEPOSIT. Accompanying the submittal
requirements as described above, each Owner shall deposit with the
Architectural Review Committee the sum designated in the
Architectural Control Guidelines document. The Architectural
Review Committee reserves the right to add to or modify these
guidelines at its discretion.
3 . MEMBERSHIP TO THE COMMITTEE. The Architectural Review
Committee shall consist of not less than one (1) nor more than
three (3) persons . The initial number of and members to the
Architectural Review Committee shall be determined by the
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Declarant . As of the date of this Declaration, the Architectural
Review Committee shall consist of Stan Everitt, David Everitt and
Dianne Rule, whose collective address is c/o The Everitt
Companies, 3030 S. College Avenue, Fort Collins, CO 80525. If
the Architectural Review Committee consists of more than one
member, a majority of the Architectural Review Committee may
designate a representative to act for it. Neither the members of
the Architectural Review Committee nor its designated
representatives shall be entitled to any compensation for services
performed pursuant to this Declaration. The Architectural Review
Committee shall, however, have the authority to use the services
of an architect as consultant and charge a sum not exceeding Three
Hundred Dollars ($300 .00) for each set of plans and specifications
submitted to it for approval to defray the fees of the consultant .
The consultant shall not have the right to vote in passing on the
plans and specifications . Until Declarant sells or conveys all
Lots owned by Declarant, Declarant shall have the right to appoint
the members (or their successors) of the Architectural Review
Committee . Upon the sale of all Lots owned by Declarant, the
Architectural Review Committee shall be appointed on an annual
basis by the Board of Directors of the Association from among the
Lot Owners . In the event of the death or resignation of any
member of the Architectural Review Committee, the remaining
members shall have the authority to designate a successor.
4 . PROCEDURE. The Architectural Review Committee ' s approval or
disapproval as required in this Declaration shall be in writing or
indicated on the builder' s or Owner' s set of plans and specifica-
tions . In the event the Architectural Review Committee or its
designated representative fails to approve or disapprove within
thirty (30) days after plans and specifications have been
submitted to it, the plans and specifications will be deemed to be
approved; and the related covenants described in this Declaration
shall be deemed to have been fully complied with; provided,
however, that such approval will only be deemed to have occurred
with regard to matters sufficiently and specifically described in
plans and specifications which are actually received by the
Architectural Review Committee.
All buildings and improvements shall be constructed in
accordance with the plans and specifications approved by the
Architectural Review Committee . Any changes to approved plans and
specifications shall require resubmission to, and approval by, the
Architectural Review Committee.
5 . ADOPTION OF GUIDELINES. The Architectural Review Committee
may from time to time formulate and adopt guidelines and
procedures consistent with this Declaration for the purpose of
clarifying or assisting in the exercise of its duties contemplated
by this Declaration. Additionally, the Architectural Review
Committee may formulate guidelines and rules regarding the
adoption of architectural and construction standards and the
regulation of use of Lots on the Property, the contents of which
18
guidelines may not necessarily be reflected by this Declaration;
provided, however, that to the extent the contents of any
guideline is not contemplated in this Declaration, such guideline
must be approved by the Board of Directors of the Association in
accordance with the Bylaws of the Association. Copies of the
adopted guidelines and procedures may be obtained from the
Architectural Review Committee upon request and payment of an
amount equal to the cost of copying such guidelines and
procedures .
6. NON-WAIVER. The approval or disapproval by the Architectural
Review Committee of any plans, drawings, or specifications for any
work or construction done or proposed, or in connection with any
other matter requiring the approval of the Architectural Review
Committee under this Declaration, shall not be deemed to
constitute a waiver of any right to approve or disapprove any
similar plan, drawing or specification or matter whenever
subsequently or additionally submitted for approval by any Owner.
7 . ESTOPPEL CERTIFICATE. Within thirty (30) days after written
demand therefor is delivered to the Architectural Review Committee
by any Owner, and upon payment to the Association of a reasonable
fee from time to time to be fixed by the Architectural Review
Committee, the Architectural Review Committee shall provide an
Owner with an estoppel certificate executed by any one of its
members, certifying with respect to any Lot of said Owner, that as
of the date thereof either (a) all improvements and other work
made or done upon or within said Lot by the Owner, or otherwise,
comply with this Declaration, or (b) such improvements and work do
not so comply, in which event the certificate shall also (i)
identify the non-complying improvements and work and (ii) set
forth with particularity the cause or causes for such
non-compliance.
ARTICLE XI
1 . RESERVED DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS.
Declarant reserves the right for the maximum time limit allowed by
law (or, to the extent no such time limit is fixed by law, for a
period of twenty (20) years after the recording of this
Declaration) to perform the acts and exercise the rights specified
below (the "Reserved Declarant Rights") . Declarant ' s Reserved
Declarant Rights include the following:
a. Completion of Improvements. The right to complete
improvements indicated on the Subdivision Plat of the Soaring
Eagle Ranch Subdivision.
b. Sales Management and Marketing. The right to maintain
sales offices, management offices, signs advertising the Property
or portions thereof for sale, and models on the Property. The
Declarant shall have the right to determine the number of models
and the size and location of any sales offices, management
19
offices, and models . The Declarant shall also have the right to
relocate any sales offices, management offices, and models from
time to time at its discretion. After the Declarant ceases to be
the owner of a Lot, the Declarant shall have the right to remove
any sales offices, management offices, and models from the
Property.
c. Master Association. The right to make the Property
subject to another non-profit Association formed to govern the
Property and one or more common interest communities .
d. Merger. The right to merge, consolidate or annex the
Property with another common interest community.
e. Control o£ Association and Executive Board. The right
to appoint or remove any officer or director of the Association or
any member of the Architectural Review Committee, so long as
Declarant is the Owner of any Lot in the Soaring Eagle Ranch
Subdivision.
f. Amendment to Declaration. The right to amend this
Declaration in connection with the exercise of the following
rights (collectively, the "Development Rights") .
(i) Add real estate to the Property;
(ii) Create Lots and additional Common Area;
(iii) Subdivide Lots or convert Lots into Common Area;
(iv) Withdraw all or any portion of the Property from
the provisions of this Declaration.
(v) Declarant shall have the absolute unilateral
right, power and authority to modify, revise, amend or change any
of the terms or provisions of this Declaration, all as amended of
supplemented, if the Veteran' s Administration ("VA") , the Federal
Housing Administration ("FHA") , the Federal Home Loan Mortgage
Corporation ("Freddie Mac") , the Federal National Mortgage
Association ("Fannie Mae") , the Governmental National Mortgage
Association ("Ginnie Mae") , or any successor agencies or entities
thereto, or any agencies or entities provisions similar programs,
shall require such action as a condition precedent to the approval
by such agency entity of the Property, or any part thereof, or any
Lots thereon, for approved mortgage financing purposes under
applicable VA, FHA, Freddie Mac, Fannie Mae, Ginnie Mae, or
similar programs .
(vi) Notwithstanding any provision to the contrary in
this Declaration, Declarant shall have the absolute unilateral
right, power and authority to modify, amend, revise or change any
of the terms and/or provisions of this Declaration, all as amended
or supplemented, to reflect the different residential character of
20
the tracts of land or lots within the overall Soaring Eagle Ranch
Subdivision. Declarant may be allowed to develop patio homes
and/or multi-family and apartment dwellings on the Property. It
is not presently possible to determine the exact mix or location
of such units, and so Declarant reserves the unilateral right to
amend this Declaration and all of its terms to provide for the
location and mix of said units, and among other things, to provide
that the owners of patio homes and/or multi-family and apartment
dwellings have membership rights and voting rights in the
Association, and that such properties have obligations and design
and use standards appropriate to their individual ownership and
usage characteristics .
g. Amendment to Environmental Management Handbook. The
right to amend the Environmental Management Handbook, subject to
the consent of the County of Weld, Colorado, for such reasons as
Declarant, and the County of Weld deem appropriate, in their sole
discretion.
h. Amendment of Plat. The right to amend the Soaring
Eagle Ranch Subdivision plat in connection with the exercise of
any Development Rights .
i. Transferability of Rights. Any of the Declarant ' s
rights may be transferred to any person or entity by an instrument
describing the rights transferred and recorded in the Weld County,
Colorado records . Such instrument shall be executed by the
transferor or Declarant and the transferee.
ARTICLE XII
1 . COVENANTS TO RUN WITH THE LAND. This Declaration and these
provisions are to run with the land and shall be binding upon all
parties and all persons claiming under them until January 1, 2018,
at which time this Declaration and said covenants shall be
automatically extended for successive periods of ten (10) years,
unless by vote of a majority of the then record Owners of the Lots
it is agreed to amend this Declaration and said covenants in whole
or in part . Provisions for maintenance of Common Area and open
space located in the Property shall not be permitted to lapse with
the other covenants unless other provisions are made for the
continuation of maintenance. This Declaration may be amended in
whole or in part at any time by a duly written and recorded
instrument executed by the then record Owners of a majority of the
Lots . Notwithstanding any provision to the contrary in this
Declaration, until Declarant has sold all Lots owned by Declarant,
amendment to this Declaration shall require the consent of
Declarant .
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS DECLARATION,
THE ASSOCIATION CANNOT BE DISSOLVED WITHOUT THE WRITTEN CONSENT OF
WELD COUNTY, OR SUCH OTHER GOVERNMENTAL ENTITY HAVING JURISDICTION
OVER THE PROPERTY.
21
2 . DELINQUENCY. Any assessment or other amount due from an
Owner as provided for in this Declaration, which is not paid when
due, shall be delinquent . With respect to each amount not paid
within thirty (30) days after its due date, the Association may,
at its election, require the Owner to pay a "late charge" in a sum
to be determined by the Association, but not to exceed $10 or 10
percent of the amount due, whichever is greater, regardless of the
number of individual amounts due. If any such amount or
assessment is not paid within thirty (30) days after the
delinquency date, the assessment or amount shall bear interest
from the date of delinquency at the rate of Eighteen Percent
(18%) .
3 . ASSOCIATION' S PERFORMANCE OF AN OWNER' S DUTIES. In the event
any Owner fails to comply with the provisions of this Declaration,
the Association shall be entitled to take whatever lawful actions
are necessary to enforce the provisions hereof including
performing such duties on behalf of the Owner including as an
example, but not limited to, unapproved storage of recreation
vehicles, unapproved fencing, or other construction. If the
performance of an Owner' s duties by the Association requires the
Association or its delegates to enter onto the Lot of an Owner for
such purposes which shall include but not be limited to cutting of
weeds, erosion control, and trash clean up, such entry shall be
deemed to have occurred with the consent of the Owner and shall
not constitute a trespass . The Association shall be entitled to
recover all costs, expenses and attorneys ' fees incurred by the
Association in performing the duties of an Owner. If the Owner
fails or refuses to pay the Association for such amounts within 30
days from the date invoiced by the Association, the amounts,
including late charges and interest, shall constitute a lien
against the Owner ' s Lot together with the Owner ' s interest in the
Common Area, and shall have the same priority, and shall be
documented, evidenced, attached, enforced and accompanied by the
same benefits as the lien for non-payment of assessments described
in this Declaration.
4 . COUNTY' S PERFORMANCE OF THE ASSOCIATION' S DUTIES. If the
Association fails to reasonably maintain the Common Area, Weld
County, or such other governmental entity having jurisdiction over
the Property, shall have the right to maintain said Common Area .
5 . LEGAL PROCEEDINGS. If any Owner violates or attempts to
violate any of the covenants or provisions described in this
Declaration, it shall be lawful for the Association or any other
Owner to prosecute any proceedings at law or in equity against the
person or persons violating any such covenant, and either to
prevent him or them from so doing or to recover damages or other
dues for such violation.
If any Owner, or an Owner' s family, invitees, licensees,
tenants, or subtenants, violates the terms of this Declaration,
22
such Owner shall be liable to the Association for all costs,
expenses and reasonable attorneys ' fees incurred by the
Association in enforcing the terms of this Declaration, regardless
of whether suit is filed by the Association. If the Owner fails
or refuses to pay the Association for such amounts within 30 days
from the date invoiced by the Association, the amounts, including
late charges and interest, shall constitute a lien against the
Owner ' s Lot together with the Owner' s interest in the Common Area,
and shall have the same priority, and shall be documented,
evidenced, attached, enforced and accompanied by the same benefits
as the lien for non-payment of assessments described in this
Declaration.
6. IMPOSITION OF CHARGES AND FINES. The Association, through
its Board of Directors, may recover reasonable attorney' s 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 is initiated, and after notice and opportunity to be
heard, levy reasonable fines for violations of this Declaration,
the Bylaws of the Association, and the rules and regulations of
the Association.
7 . CUMULATIVE REMEDIES. The liens for unpaid assessments and
unpaid amounts due from Owners and the rights to foreclosure and
sale described in this Declaration shall be in addition to and not
in substitution for any other rights and remedies which the
Association and its assigns may have by law, including a suit to
recover a money judgment for such unpaid amounts and assessments .
8 . CONDEMNATION OF COMMON AREA. If at any time, or from time to
time, all or any portion of Common Area, or any interest therein,
is taken for any public or quasi-public use, under any statute, by
right of eminent domain or by private purchase in lieu of eminent
domain, any award in condemnation shall be paid to the Association
and deposited into its operating fund. No Owner shall be entitled
to participate as a party, or otherwise, in any proceedings
relating to such condemnation, such right of participation being
herein reserved exclusively to the Association which shall, in its
name alone, represent the interests of all Owners .
9 . INVALIDATION. Invalidation of any one of the covenants or
provisions in this Declaration by judgment or court order shall in
no wise affect any of the other provisions which shall remain in
full force and effect.
10 . LIABILITY OF ARCHITECTURAL REVIEW COMMITTEE AND BOARD OF
DIRECTORS. No member, director or officer of the Board of
Directors of the Association, the Architectural Review Committee,
or any other committee or office established hereunder shall be
personally liable to any Owner or any other person for any error
or omission of the Board of Directors, the Association, the
Architectural Review Committee, any committee established
hereunder, their employees or representatives; provided that such
23
member, director or officer has not acted with intentional bad
faith or malice toward any Lot Owner.
•
24
11 . EXECUTION. This Declaration may be executed in counterparts
by the undersigned.
Dated this day of , 2000 .
EVERITT ENTERPRISES, INC. ,
a Colorado corporation
By:
Its
STATE OF COLORADO )
ss .
COUNTY OF
Subscribed and sworn to before me this day of
2000, by , as of Everitt
Enterprises, Inc. , a Colorado corporation.
My commission expires :
Notary Public
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EXHIBIT A
(Attach Final Environmental Management Handbook)
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Hello