HomeMy WebLinkAbout20002686.tiff PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Case Number Application Fce:_.
Zoning District Receipt Number
Date Application Checked 3y: _.
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 applicatiui
or request a hearing before the Board of County Commissioners, if applicable, ;:oncerning the Final Plan of this propose
subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: Southwest Ouart;.r of Section 4.Township 2 North. Range 68 West of 6th P.M., 1/.61J'omit;
Colorado
(If additional space is required. attach an additional sheet of this same size.)
PARCEL NUMBER:___ 3 I 3 t► 4 3 u 0 0 5 0 (12 digit number l'c.ind on Tax I.D. or obtained n A s:essor
Office.)
NAME OF PROPOSED PUD SUBDIVISION
MEADOW VALE FARM P U.I). THIRD FILING
EXISTING ZONING PUDR I CHANGE OF ZONE CASE NUMBER �!
TOTAL AREA (ACRES) 46.352± TOTAL AREA (ACRES)OF COMMON OPEN SPACE-_______
NO. OF PROPOSED LOTS 14 LOT SIZE: AVERAGE 25,000 SO FT MINIMUIvM_I _I 95 jt) FT
UTILITIES: WATER NAME LEFT HAND WATER DISTRICT _�..
SEWER: NAME ST. VRAIN SANITATION DISTRICT
GAS: NAME PUBLIC SERVICE OF COLORADO
PHONE: NAME U. S. WEST
ELECTRIC: NAME UNITED POWER. INC.
DISTRICTS: SCHOOL: NAME ST. VRAIN SCHOOL DISTRICT RE
FIRE: NAME MOUNTAIN VIEW FIRE PROTECTION DISTR.ICT__
ENGINEERS NAME KBN ENGINEERING PHONE 970-3355-9881) .
ADDRESS 820 8 AVENUE.GREELEY. CO 8063 I PHONEY._.__
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PU!) FINAL PLAN;
NAME: KATHARINE H. OLIVER HOME TELEPHONE: 311;_772•-470:
ADDRESS: 2385 HOMESTEAD PLACE. LONGMONT CO 80504 BUS. TELEPHONE:_.._____ --
NAME _ HOME TELEPHONE.--__ _
ADDRESS: BUS. TELEPHONE: _
APPLICANT OR AUTHORIZED AGENT (IF DIFFERENT THAN ABOVI;I_
NAME: FLOYD OLIVER _ _ _HOME TELEPHONE.:)O3-77.'_--47(1.
ADDRESS: 2385 HOMESTEAD PLACE. LONGMONT. CO 80304 BUS. TELEPHONE:_______
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE: SUBJECT PROPERTIES_
NAME: KATHARINE H. OLIVER HOME TELEPHONE .303-772-479..
ADDRESS: 2385 HOMESTEAD PLACE, I..ONGMONT.CO 80504 BUS. TELEPHONE:____
S gnature. Owner or Authorized i
200C-2686
Meadow Vale Farm
Weld County Planning Dept.
27 Sept. 2000 OCT 03 2000
Anne Best Johnson
Long Range Planner R. E C E I V E �1
Department of Planning Services 1•�
1555 N. 17th Ave.
Greeley, Colorado 80631
Dear Anne,
As you know I will be out of state from Sept. 28 until October 23, 2000. In my absences I
have ask Glen Droegemueller, my attorney, to represent me in all matters concerning the
Meadow Vale Phase II ( 3rd Filing of Meadow Vale Farm)
Please accept this letter as my authority for Glen Droegemueller to work with the Weld
County Department of Planning or any other Weld County Department on all matters
necessary to approve and record the 3rd. Filing of Meadow Vale Farm.
I understand that the hearing for S562 is scheduled for Nov. 8, 2000 at 10:00 AM. I agree
to this date. It is 61 days after our request for final plat was submitted which is fine with me
Thank you for all your help.
Sincerely,
Meadow Vale Farm
Floyd fiver
2385 Homestead Place lt6 Longmont,CO 80504
Phone•303-772-4791 4, Cellular• 970-396-5035 lIi Fax• 303-772-5211
Weld County Planting Dept
SEP 08 2000
RECEIVED
TABLE OF CONTENTS •
MEADOW VALE FARM P.U.D. THIRD FILING
FINAL PLAN APPLICATION
Item 1 Plan Unit Development Plan Application
Item 2 Information letter provided by Glen Droegemueller, Attorney
Item 3 Commitment of Title Insurance and copy of Warranty Deed showing ownership of
the property
Item 4 Information from St Vrain School District
Item 5 Weld County Certificate of Taxes Due
Item 6 Certificate from KBN Engineers regarding design of utilities.
Item 7 Declaration of Covenants, Conditions, and Restrictions
Item S Improvement Agreement
Item 9 List of names, addresses and parcel identification numbers of owners within 500
feet of Meadow Vale Farm P.U.D. Third Filing.
Item 10 Affidavit of Interest Owners: Minerals and Surface Estate
Item 11 Utility Providers Letters of Acceptance for Meadow Vale Third Filing
Exhibits Submitted But Not Attached
(1) Final Plan Plat Map
(2) Landscape Map
GLEN DROEGEMUELLER, P.C.
ATTORNEY AT LAW
822 SEVENTH STREET•SUITE 350•GREELEY,COLORADO 80631 •(970)353-9599•FAX(970)353-9597
August 31, 2000
Department of Planning Services
Weld County
1555 N. 17th Avenue
Greeley, CO 80631
RE: PUD Final Plan Approval for Meadow Vale Farm P.U.D. Third Filing
Dear Department of Planning Services
I have been asked by the developer of the Meadow Vale Farr) P U D Third Filing to Frov ide
a letter of information which addresses some of the application requirements necessary for su irnittal
of the Third Filing of a final PUD Plan. As a matter of information, the Third Filing is located n a
part of the Southwest Quarter of Section 4, Township 2 North, Range 68 West of the 6th P.M ,
Weld County, Colorado.
The recorded change of zone plat has recently been recordec and is not being submitted again
because the information is already available in the County's file.
In response to item 3 of the application, included with this letter please find a phonic of
a commitment issued by Weld County Title dated August 28, 2000 which identifies the ov,net of the
property, and lists any Mortgagees, Judgement Lien Holders, Easement Holders, Contract holc.ers
or any beneficiary of any agreement that would be required to join in and approve the appLcation for
the PUD being submitted. The present owner of the property is Katharine H. Oliver Also submitted
is a photocopy of the deed which shows the date upon which Mrs Oliver acquired her i3terest
together with a photocopy of a letter previously provided to the County, in May of this year,
explaining Mrs. Oliver's ownership interest.
In response to item 4 of the application, Saint Vrain Valley Public Schools accepted an
elementary school site in the First Filing of the Elms At Meadow Vale, and no addition.tl lard
dedication will be necessary or the Third Filing of Meadow Vale Farm_ The applicant is aware is
of the date of this letter, the District imposes an impact fee 5427.0+) per unit for each lot which 'VII
be created in the Third Filing The fee will be payable to the District to address the impact :asked
by the development. Also, enclosed is a photocopy of an Agreement date July 17, 2000 between tl e
District and the property owner which addresses the impact fee issue.
In response to item 5, as of this date the applicant cannot pruvide a warranty deed re_,ardniu,
a transfer of Tract 2 and open space B of the proposed plat to the L.brary District The negotiatiin
between the District and the property owner have not been finalized regarding those two properties
Enclosed is a copy of a memorandum dated June 13, 2000 which discusses the transfer of the
property by the property owner. The property owner intends to continue negotiations with the 'Aeld
Library District and to complete a dedication or donation of the property in the future No other
dedications for public purposes will occur in this filing.
In response to item 6, enclosed please find a certificate from the County Treasurer which
shows there are no delinquent taxes or special assessments relating to the property included within
the Third Filing.
In response to item 7, enclosed please find the required certificate from KBN Engineetmg
indicating it was responsible for the design of the utilities within the PUD.
In response to item 8, enclosed is a drafi of the proposed Declaration of Covenants,
Conditions and Restrictions for the Meadow Vale East. The Declaration will be recorded
simultaneous') with the filing plat, and the combination of the fi.ing of those two instrurn nts will
create enforceable covenants against any lots shown on the filing plat.
In response to item 0 of the application, enclosed is a summary of public improvements which
addresses the construction of improvements. All improvements will be installed in accordance 'a.ith
Weld County standards The applicant understands she will have to provide curbs, gutters And
sidewalks upon the eastern edge of Weld County Road 5 adjacent to the development NI sew here
in this submission, the applicant is providing letters of acceptance from all utilities excep' l_ S 'A est
and the television cable provider A general statement of impros cments is included at this poin as
Exhibit A which identifies the applicant's understanding of what the costs would be if ini ro cements
were to be installed as of the date of this submission of the application. The applicant understands
bonding will be necessary and believes it would he more efficient to provide an improvement
agreement to the County two weeks prior to the recording of the plat.
In response to item 10, traffic studies have hee'i submitted ter the Department of Public; Works
in 1908, February of 2000 and May of 2000 It is :he applicants belief that the Nlay '_(1u0 tra,rfic
study included an analysis of the Meadow Vale Farm P_U D. Third Filing The applicant received no
adverse response from the Department of Public Works regarding these submissions It is he
applicant's belief the streets and offsite roads providing access R. the property are adequat.
In response to item II, no offside roads improvement agreement is being provide] If an
offsite roads improvement agreement is necessary for the gutters and sidewalks on the eastern
boundary of Weld County Road 5 ',, the applicant is willing to pros ide such an agreement tw ) w ecks
prior to the recording of the plat The improvements to the surface of Weld County Road a; it
relates to the Third Phase or Meadow Vale Farm P_11 D. have already been completed
In response to item 12, a construction schedule has beer; submitted by the applicant "l he
applicant will complete all construction in one phase It is the applicant's belief the common area
landscaping is'already in place for this project
In response to item 13, the method of financing of the infrastructure will be private financir Lz
provided by the developer. The statement of financing costs for the infrastructure has already been
provided in response to item 12.
In response to item 14, enclosed is a certified list of the names, addresses, parcel identif cation
numbers of owners within 500 feet of the property subject to the application. The applicant certifies
that such list has been assembled within 30 days of the submission date of this application.
In response to item 15, the applicant is the owner of the subsurface mineral rights
In response to item 16, it is the developer's belief the proposed PUD Final Plan is in
compliance and meets all criteria as set forth in the Change of Zone Essentially the PUD Final Plan
is a re-submission of the information contained in the change of/one application. The use of the
property is for the development of a single family housing subdivision In addition to the resident los
there will be open space which is developed and then maintained by a homeowners Association tics
within the subdivision will receive treated domestic water from the Left Hand Water Distric: "I lie
developer also anticipates building an irrigation and sire protection system for each lot wit tin tl;e
subdivision as well as in the common areas. The system will be incorporated with facilities thrt h.ne
been put in place for the Meadow Vale Farm subdivision. The subdivision's public sewer service 'N II
be provided by St Vrain Sanitation District Public Service Company of Colorado will pro‘„ice
natural gas to the subdivision United Power will provide electrical service to the subdivision I HS
West will provide telephone service to the subdivision. Each of the utility providers has ir die fled n
writing that services are available for this project
In response to item 17, a Final Plan plat map is being submitted.
In response to item 18, a Landscape Map is net being submitted because all landscaping flit
the subdivision has been completed. The landscaping has occurred as a part of a reclamation pro eot
following the issuance of a gravel permit Weld County approved the reclamation plan for *ms
particular area as a part of the permitting process, and the applicant believed it would be duplication
to resubmit information which has already been accepted. and appi need by Weld County
In response to item 19, a Utility Map is being submitted
You may contact me or Mr Floyd Oliver who is the Altintt er of the development company
that is submitting Meadow Vale Farm P U.D Third Filing for approval. Mr Oliver is a so the
husband of the applicant. Mr Oliver can be reached at the address and telephone number shown .n
the PUD Final Plan Application.
Sincerely yours
c—
Glen Droegei ller
Attorney At Law
GD/dh
LEGAL DESCRIPTION OF APPROXIMATE AREA
TO BE REMOVED FROM THE EXISTING FLOODPLAIN
THIRD FILING MEADOW VALE FARM P.U.D.
A parcel of land being part of the Southwest Quarter (SW 1/4) of Section Four (4), Township Iv o
North (T. 2 N.), Range Sixty-eight (R. 68 W.) of the Sixth Principal Meridian (6`s P.M.), County
of Weld, State of Colorado and being more particularly described as follows:
Beginning at the Southwest Corner of said Section 4 and assuming the South line of said Section
4 7)ears North 88° 56' 02" East with all other bearings contained herein being relative therein:
Thence North 88° 52' 06" East along said South line a distance of 1,639.05 feet: thence North
01° 03' 58" West a distance of 128.55 feet to a point along the South property line of Third Filing
Meadow Vale Farm P.U.D. and the TRUE POINT OF BEGINNING:
Thence North 88° 52' 06" West, a distance of 165.86 feet;
Thence North 87° 08' 05" West, a distance of 194.06 feet to a point of curvature;
Thence along the Arc of a curve to the right a distance of 46.54 feet, whose radius is 30.00 feet
whose Delta is 88° 52' 34" and whose Long Chord bears North 42° 41' 48" West. a distance of
42.01 feet to a Point of Tangency:
Thence, North 01° 44' 29" East, a distance of 29.80 feet to a Point of Curvature:
Thence along the Arc of a curve to the right a distance of 443.47 feet, whose Radius is 1,000.00
feet, whose Delta is 25° 24' 32", and whose Long Chord bears North 14° 26' 45" East, a distance
of 439.84 feet to a Point of Tangency;
Thence, North 27° 09' 01" Il.ust, a dislancc of 515.01 feet to a Point of Curvature;
"thence along the Arc of a curve to the right a distance of 323.15 feet, whose Radius is 500.00
feet, whose Delta is 37° 01' 49" and whose Long Chord bears North 45° 39' 55" East, a distance
of 317.56 feet to a Point oil Tangency;
Thence North 64° 10' 50" East, a distance of 338.31' to a Point of Curvature:
Thence along the Arc of a curve to the left a distance of 211.67 feet whose Radius is 600.00 feet_
whose Delta is 20° 12' 45", and whose Long Chord bears North 54° 04' 27" East, a distance of
210.57 feet to a Point on a Curve (POC);
Thence along a non-tangent line South 09° 13' 59" East, a distance of 39.59 feet;
Thence South 04° 03' 50" West, a distance of 92.31 feet;
Thence South 35° 57' 37" West, a distance of 48.80 feet;
Thence South 14° 33' 17" East, a distance of 71.12 feet;
Thence South 18°35' 24" West, a distance of 81.23 feet:
Thence South 85° 12' 41" West, a distance of 51.59 feet;
Thence South 16° 03' 41" West, a distance of 4.13 feet;
Thence South 55° 33' 41" East, a distance of 52.24 fleet;
Thence South 30° 55' 36" West, a distance of 73.64 feet;
Thence South 50° 54' 36" West, a distance of 127.44 feet;
Thence South 25° 55' 22" West, a distance of 111 .47 feet;
Thence South 24° 45' 35" West, a distance of 101.05 feet;
Thence South 27° 58' 23" West, a distance of 109.70 feet;
Thence South 31° 17' 36" West, a distance of 140.00 feet;
Thence South 33° 03' 34" West, a distance of 120.65 feet'
Meadow Vale Farm I'Filing P11O 09106/0f' Page I KBN Project#9 Ali I
Thence South 24° 01' 47" West, a distance of 91.65 feet;
Thence North 81° 19' 35" West, a distance of 67.04 feet;
Thence North 67° 25' 02" West, a distance of 107.94 feet;
Thence North 79° 50' 52" West, a distance of 143.39 feet;
Thence South 62° 40' 08" West, a distance of 16.51 feet;
Thence South 23° 05' 13" West, a distance of 59.35 feet:
Thence South 35° 12' 37" West, a distance of 43.48 feet;
Thence South 63°27' 12" West, a distance of 29.12 feet;
Thence North 80° 38' 07" West, a distance of 42.49 feet;
Thence South 37° 04' 05" West, a distance of 86.95 feet'
Thence South 00°20' 43" West, a distance of 25.29 feet;
Thence South 25° 16' 5I" Fast, a distance of 58.42 feet;
Thence South 36° 05' 52" East, a distance of 102.84 feet;
Thence South 75° 01' 47" East, a distance of 278.32 feet to a point on the South property lme i nd
the TRUE POINT OF BEGINNING.
Said described parcel of land contains 11.75 acres more or less that will be removed from the
floodplain.
Meadow Vale Farm 3"'Filing PUD 09/06/00 Page.'. KI3N Projcc 0990 I
EX1IIBIT "A"
Name of Subdivision: Meadow Vale Farm, Phase I11
Location: Part of SW 1/4 Sec. 4, T2N, R68W
$ 25,000.00
Engineering 10,000.00,
Rough Grading 10000.00
Sanitary Sewer 55100,1)00.00
0
Water Mains 3,000 Ft 10 inches 10,!)00.00
Drainage Pipe 10,000.00
Curb, Gutter and Sidewalk 2,000 Ft. 102,000.00
Asphalt Paving 5,000 S.Y. 1 ,00 00
Street Signs
Sprinkling System Completed 5 000.00
Landscaping 16 000.00
E.ectrical United Power 9 000.00
Natural Gas with Public Service Co. 5 000.00
Telephone with U.S. West
TV Cable with Comcast
CHIT-site
Curb, Gutter arid Sidewalk WCR 5 '1/2 3,000 Ft. 60.000.00
Asphalt Paving WCR 5
50 000.00
Estimated Costs of Improvements
$505,000.00
The above improvements shall be constructed in accordance with all County requirements gnu
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 EKhihi'
MEADOW VALE FARM, PHASE III
EXI[IBI"T "B"
Name of Subdivision: Meadow Vale Farm Phase If[
Location: Part of the SW I/4, T2N, R68W
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
Improvements Time of Completion
Water and Sewer Mains Summer 2031
Curb Gutter and Sidewalk Summer 2001
Drainage Pipe Summer 20.)1
Irrigation Sprinkling System Summer 20')1
Landscaping Complete
Asphalt Paving Streets November 2001
Gas Electric and Telephone December 2001
MEADOW VALE FARM, PHASE III
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. Burden No. 3067-0147
PROPERTY INFORMATION Expires May 31, 2001
PUBLIC BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 1.63 hours per response. The burden estimate includes the tune fir review g
instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the torn. St d
comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Mai iagemr [,
Federal Emergency Management Agency,500 C Street, S W., Washington, DC 20472; and to the Office of Management and Budges. Papery() I<
Reduction Project(3067-0148), Washington, DC 20503.
You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in t�e
u er ri ht corner of this form. _
This form may be completed by the property owner, registered land surveyor, or registered professional engineer
1 Community Name of NFIP map panel on whicn the property is located:
Weld County Colorado
fluinenrpnrated Area County: Weld State.
Panel or Map Number J)R(17F,6 085U C
Effective Date: September 28, 1982
2. Street Address of Property: _ _...
3. Description of Property Lot and Block(if a street address cannot be provided):
Zrv-1 naeri with t-hi a appl i rat i nn -is a rinnd fnr the property as wel 1 s the —proposed plat for the Third Filing Meadow Vale Farm_p_tt_n_ eadn&tVal.e_IZ__ __
Sii1- i viol on) -_-- ----
4. Are you requesting that the SFHA designation be removed from (a)all of the land within the bounds of the property. (b)a portion of
land within the bounds of the property(a certified metes and bounds description of the area to be removed is required), or;c i the
structure(s)on the property? (Answer"a,""le,"or"c') —_
5_ Is this request for(a i a single structure, (b)a single lot. (c) multiple structures, (d)multiple lots?
(Answer"a ""b ""c"or"d') d _
r
6. What is the type of construction? (a)crawl space; (b)slab on grade (c) basement; (d) other(explain). (Answer'a "
7 Is this request prior to the transfer of ownership of the property in question from a developer to an individual property owner"
'X', Yes I No
8. Is this request for(al existing conditions, or(b)proposed project? !Answer"a"or"h a
9 Has fill been placed on the property to elevate the ground elevation of the property,to elevate a structure(s), or to elevate
the ground elevations around a structure? yes- If yes, when? Fa]1, 1996
10 For proposed projects, will fill be placed to elevate this land or structure? aridi ti anal grading will be done to
bring site to final grade.
11 If renown. list the case number ano/or the street address of previous requests that have been submitted to FEMA for:his property
or adjacent properties?
12. The of the following documents is required of all cases:
I have enclosed the following documents in support of this request.
X a. Copy of the Subdivision Plat Map (with recordation data and stamp of the Recorder's Office) Not recorded
OR
b. Copy of the property Deed (with recordation data and stamp of the Recorder's Office), accompanied by a tax
assessor's map or other suitable map showing the surveyed location of the property with respect to local streets ants
watercourses.
(For these maps a map scale must be provided and they should not oe reduced or enlarged.)
PLEASE REFER TO THE INSTRUCTIONS FOR THE APPROPRIATE MAILING ADDRESS
FEMA Form 81-37 Property Information Form MT-1 Fong Page ;r
The following documents should be enclosed as applicable:
X c. Copy of the effective FIRM panel on which the property location has been accurately plotted(if the request Li for more
than one 1W/structure, this location must be certified by a licensed land surveyor or registered professional engineer)
d.A map showing the location of any structures existing on or proposed for tie property(certified by a license i lard
surveyor or registered professional engineer)
X e. Metes and bounds description and accompanying map of the portion of the property to be removed from the SFIiG
(certified by a licensed land surveyor or registered professional engineer)(only if the request is for<<portion of and within
the bounds of the property, not the entire lot or the structure(s)only)
X f. Form 2 Elevation Information form or A FEMA NFIP Elevation Certificate may be submitted in lieu of the Elevation
Information form(for structures/property located in Zone AO see instructions for further guidance.)
X g. Form 4 Community Acknowledgment form (only if fill has been or will be elaced)
X h. Form 3 Certification of Fill Compaction form(on/y if fill has been or will be placed and the request is not 'ref an 9x,sting
single residential structure)
IX i.Additiona;information: _Form 5 — Sumary of Elevations (Individual Lot Breakdown)
please specify
13. PAYMENT ENCLOSED
Processing fee(see instructions for processing fees and exemptions)
CLrOMR.-F $ 800
(Type of request) (amount enclosed'
Check or money order only Make check or money order payable to: National Flood insurance Program If pad ina by
Visa or Mastercard,please complete and submit the Credit Card Information Form(Form 1A),which follows this fors
14. All documents sJbmitted in support of this request are correct to the best of my knowledge. I understand that any false statrienr
may be punishable by fine or imprisonment under Title 18 of the United States Code. Section 1001
Applicant's Name: KRTHA R i w? , 6O!_1 If r T Company:
(please print or type)
Mailing Address: Z323 14o ill bsrsaP � — —
(please print or type) CO8�so
9,u ills p.t 9 j ---
r
Daytime Telephone Number: 303 -77 2- 79 I Fax Numoer: 303-7?2-SZ
—SF PT- 000
Date Signature of Applicant(regJired)
L
FEMA Form 81-87 Property Information Form MT-1 Form • Page . if.
FEDERAL EMERGENCY MANAGEMENT AGENCY I O.M 3. Burden No. 3067 0147xpires May 31, 2001
ELEVATION INFORMATION
PUBLIC BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 063 hour per response. The ourden estimate includes the time fcr eviewc,. .
instructions, searching existinc. data sources, gathering and maintaining the needed data, end completing and reviewing the fern' Set I
comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Informatiol Collectors Manageme'
ederal Emergency Management Agency, 500 C Street, S.W.,Washington, DC 20472; and to toe Office of Management and Budget, Faperwc.' .
Reduction Project(3067-0148),Washington, DC 20503.
You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in th.a
up er ri ht corner of this form.
This form must be completed by a registered professional engineer or licensed land surveyor. These forms should not be used ti r
requests involving Channelization, Bridges/Culverts, or Fill in the FEMA-Designated (regulatory) Floodway; instead, forms entitled
Revisions to National Flood Insurance Program Maps(MT-2)should be used. The Elevation Information Form must be included for a-'1
requests, unless the request is for a determination in which the FIRM already shows the property to be CLEARLY outside the SFM...
Cases in which the determination for the property or structure is uncertain will require the submittal of elevation data to provide a
definitive determination. If an Elevation Certificate has been completed for the subject property, it may be submitted in lieu of tl, s
fort n.
(See instructions to, details)
1. Community Name. Weld County, Colorado, Unincoiporated Area _.--_
2. Legal Description of Property: A portion of the Southwest Quarter of Section 4 Townsh_ _2
North, Range 6R Wect, of the 6th P M , We'd Connty, Colorado.
3. Flooding Source. St. Vrain Creek
4. Based on the FIRM,this property is located in Zone(s): A --
No floodway information •
5. Is any portion of this property located in the regulatory floodway? I. Yes ! 1 No available.
Are any structures(existing or proposed)located in the regulatory floodway? i Yes . No
6. Is this area subject to land subsidence or uplift? I_, Yes NI No
If yes,what is the date of the current releveling?
For items 7-11 multiple lotslstructures, complete the appropriate column(s) of the Summary of Elevations - Individual Lol Breakdo,vn
form, identifying the elevation for each lotistructure. To support items 9, 10, and 11, please note a map (certified by a licensed
surveyor or registered professional engineer)may be required to relate the ground elevations and locations of structures or lots. 'I he
map should indicate whether it reflects "as-built" or"proposed" conditions.
7 What is the BFE for this property? (Provide elevation to nearest tenth of a foot anc datum)
4852.0 Elevation NGVD 29 Datum (NGVD, NAVD or other)
B. How was the BFE determined? (attach a copy of the Flood Profile or table from the FIS report, if appropriate, a copy of a
letter from a state agency establishing a BFE, or other necessary supporting information including Forms 3 and 4 from
forms entitled, "Revisions to National Flood Insurance Program Maps"(MT-2)).
No flood profiles were generated in the development of the FIRM map that we have
been able to locate._ The BET, is estimated based on the lowest elevation _
corresponding to the floodplain location. An I-EC-2 run was provided to us by10V '
9. If this request is to remove the SFHA designation from a parcel of land or lot(s),what is the existing or proposed elevation of the
lowest grade;that is,the lowest ground on the property or within the metes and bounds description of the portion neng rernc.ved?
(Provide elevation to nearest tenth of a foot and datum)
,1R5J (Elevation NGVl79 Datum
PLEASE REFER TO THE INSTRUCTIONS FOR THE APPROPRIATE MAILING ADDRESS
FEMA Form 81-87A
Elevation Information Form MT-1 Fern.2 Page: ' of 2
10. If this request is to remove the SFHA designation from a structure(s), what is the elevation of the existing or proposed lowest
adjacent grade; that is, the lowest ground touching the structure, including any attached decks or garage? Provide elevation to
nearest tenth of a foot and datum)4855.0 Elevation NGVD 29 Datum
11 It fill has been/will be placed to elevate the structure(s)on this property,what is the existing or proposed elevation of the lowest
floor, including basement, and/or attached garage? (Provide elevation to nearest tenth of a foot and datum)
Elevation Datum
41356.0 Minimum Finished Floor Elevation
4854.4 Minimum Carage Floor Elevation
12 Pre the measurements in items 9 - 11 based on (a) proposed or(b)existing conditions? Please see noodplain
Revision Map included with this packet, which shows both existing and proposed
contours.
13. If any of the above elevations were computed based on a datum different than the effective FIS,what is the conversion fact
FIS Datum= Local Datum +/- feet N.A.
•
•
14. All information submitted in support of this request is correct to the best of my knowledge. I understand that any fa:se statement
may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001.
1 Name(please print or type): _ctaven k Rnthprnc
Title(peas=prim or type): Principal — Ketterling, Butherus & Norton Engineers
Registration No.: 23539 Expiration Date: _07/31/2001
•
State: _fin
• Telephone Number: 395-95R0
P (270)
Signature
Sept. 6, 2000
IDate Seal(Optional)
FEMA Form i31-87A Elevation Information Form MT-1 Forn ,Page of 2
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M B. Burden No. 3067-0147
COMMUNITY ACKNOWLEDGMENT Expires May 31, 2001
OF REQUESTS INVOLVING FILL
PUBLIC BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average .88 hour per response. The burden estimate includes the time hr review t g
instructions, searching existing data sources. gathering and maintaining the needed data, and completing and reviewing the lorm. Se d
comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Manageme t
Federal Emergency Management Agency, 500 C Street. S.W.,Washington, DC 20472; and to the Office of Management and Budge:, Paperwr k
Reduction Project(3067-0148),Washington, DC 20503.
You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in tt e
upper ri ht corner of this form. simearansaangsso
Community Name Weld County, Colorado, Unincorporated Area __— —_-------- -
Property Name or Address: Meadow Vale II (Third Filing Meadow Vale Farm P.U.D.) _
We hereby acknowledge receipt and review of this Letter of Map Revision (Based on Fill)request and have found that the completes o. propos e(i
project meets or is designed to meet all of the community's applicable floodplain management regulations, including tie requirement that no fill )e
placed in the regulatory fl000way. We understand that this request is being forwarded to FEMA for a possible map revision. For proposed
projects, we understand that FEMA is being asked to provide comments on the potential effects of this project on the flooi hazards of ' ur
community.
Community comments on the proposed protect:
•
Community Official's Name(please print or type): \ +\OR l ra. 1ThCt t 7,it .l‘n t ,,,i
� (C }) --
•
Address(please print or type): ! )) /y `{ (i -"At: --------
Daytime Telephone Number �'7nt 2J.::: if - 4 IOC
1 .:
Community Official's Signature I ate
PLEASE REFER TO THE INSTRUCTIONS FOR THE APPROPRIATE MAILING ADDRESS
FEMA Form 81-87C Community Acknowledgment or Requests Involving Fill Form MT-1 I rim
FEDEtRAL EMERGENCY MANAGEMENT AGENCY O.M.B. Burden No. 30670147
CERTIFICATION OF FILL PLACEMENT Expires May 31, 2001
PUBLIC BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average .35 hour per response. The ourden estimate includes the tire for eviewu' I
instructions, searching existinc data sources, gathering and maintaining the needed data, And completing and reviewing the form. Sea 1
comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Mar ageme.
!=ederal Emergency Management Agency, 500 C Street, S.W.,Washington, DC 20472; and to t'.-ie Office of Management ana Budget F aperwc <
Reduction Project(3067-0148), Washington, DC 20503.
You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in the
upper ri ht corner of this form.
Meadow Vale It.
Weld County, Colorado UnincoLL:orated Area (Third Filing Meadow Fann P.U.D. ) _
Community Name Property Name or Address
The Fill is: ',x; Existing x Proposed
I hereby certify that fill placed on the property to raise the ground surface to or above the base flood elevation in order to gain excfasion iron a
Special Flood Hazard Area meets the criteria of Title 44 of the Code of Federal Regulations, Section 65.5(a)(6), listed below Far Qoposed fil I
hereby certify that it is designed in accordance with these criteria. *Please note* Both Section 1 and Section 2 must be certified howev: r.
different individuals may certify them.
SECTION 1
1. The fill has been compacted to 95 percent of the maximum density obtainable with the Standard Froctor Test metnod
or an acceptable equivalent method for(check one of the following).
x 3. Fill pads prepared for the foundations of residential or commercial structures
h. Entire legally defined parcel (Note: if the location of(ill pads has not been determined, toe hi,.vet
the entire legally defined parcel must be compacted to the above criteria).
•
Name(please print ortype): Fr-O-YC C% La L'aR_ -- --
t ( I
Signature
ca
Date b Community Official's Title or
Engineer's Seal/Registration Number
SECTION 2
2. Fill slopes for granular materials are not steeper than one vertical on one-and-one-half horizontal 'steeper slopes
must be justified); and
3 Adequate erosion protection is provided for fill slopes exposed to moving flood waters (slopes exposed to flows
with velocities of up to 5 feet per second(fps)during the base flood must, at a minimum, be protected by,a
permanent cover of grass, vines, weeds, or similar vegetation;slopes exposed to flows with velocities greater than
5 fps during the base flood must, at a minimum, be protected by appropriately designed stone, rock, concrete, o,
other durable products).
Name(please print or type): -
Signature
Date t Community Official's Title or
Engineer's Seal/Registration Number
PLEASE REFER TO THE INSTRUCTIONS FOR THE APPROPRIATE MAILING ADDRESS
FEMA Form 81-87B
Certification of Fill Placement Form MT-1 : nrm
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. Burden No. 3067 0147
SUMMARY OF ELEVATIONS - INDIVIDUAL Expires May .t l, 2001
LOT BREAKDOWN
...______.
PUBLIC BURDEN DISCLOSURE NOTICE
...........
Public reporting burden for this form is estimated to average 0.67 hour per response. The burden estimate includes the time for review' g
instructions, searching existing data sources. gathering and maintaining the needed data, and completing and reviewing the torn Ser d
comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collectiois Mar'agemei r,
Federal Emergency Management Agency, 500 C Street,S W.,Washington, DC 20472; and to the Office of Management and BLdge', 'aperw' k
Reduction Project(3067-0147),Washin ton, DC 20503.
You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in tie
u per ri ht corner of this form.
Community Name: Weld County, Colorado, Unincorporated Area ___ _ _____-- _—
Property Name or Address: Noe dOW Vale II (Third Filing Nteadow Vale Farm P_U_D_)— �_ —.
LOT BLOCK LOWEST LOWEST LOWEST BASE FOR FE:MA
NUMBER NUMBER LOT FLOOR ADJACENT (100-YEAR) USE:ONLY
ELEVATION' ELEVATION' GRADE TO FLOOD
STRUCTURE' ELEVATION _-_ — --_
_—__—.4 1 48 1-1, R -- � 411.66 7 4a52_0± — --- -
—___2__--.—____i_— 4858.4 _ 4861 7 _ 4860 1 4852_0± -------- ______
_ _- 1 4857.8 - 4861 .0 4859.4 4852.0± - _--_--- - -_-.
1 _ 4859.2 4857.6 4852.0±
---
_1.______+______2____I 1854.5 _ 4857.8 4856.2 4852.0± --- - -- _ -
3 __ 2 , 1853.5 _ 4856.2 4854_6 4852.0± ------------
__t__4 .. 3 4852.0 - -.12_. 4854.4 4852.0± --_- _--- - -
2_- 3 ._4.a52_O.----- 4856_9 4855 3 4857.0+ _. -
3 I 3 4857 0 __ . 4858..9_--.- 4856_8 48`2.0+ --- --- ---- --
4 3 4852 0 i 4859 8 4858,2 4857 0+ -.-----._ - .--
5 _ 3 4852.0 _._ 4860_1_ . 4858.7 4852.0± -- --
6 3 x.852-.M,_ 4861 _0 -- 4859.4 4852.0± --..--__-._ -
- --- 1 4857.0 -- 4861 4 4859.8 4852.0± --- --- -- -
^_ 3 4852.0 �- 4862.0 4850.4 4852.0± ---_ __�-- - --
L _i _ —
'For requests that an entire parcel of land be removed from the SFHA; if the request involves an area described by metes
and bounds, provide the lowest elevation within the metes and bounds description
2For requests that a structure be removed from the SFHA when fill has been or will be placed on the property. the Iowt st
floor, including basement or garage, must be submitted
'For requests that a structure be removed from the SFHA, the lowest adjacent grade to the structure, including an
attached deck or garage,must be submitted
FEMA Form 81-87D
Summary of Elevations-Individual Lot Breakdown Form MT-' orrr 5
AGREEMENT
THIS AGREEMENT is made and entered into as of the I7th day of 1�__ 2000,
between the St. Vnain Valley School District RE-1J ("School District") and Katharine H. Ollder
("Developer").
WHEREAS, Developer has brought forward a 14 single-family unit development proposal to Weld
County within the School District boundaries known as the Meadow Vale Farm Phase II located in a
portion of the SW 1/4 of Section 4, T2N, R68W, Weld County, Colorado depicted on Exhibit A and
desires to develop the property for residential purposes (the property and development are hereinafter
collectively referred to as the "Project');
WHEREAS, the Developer acknowledges that the Project will have an impact upon the School
District due to the predictable increase in the number of school age children who will resice in the Project
and be attending school within the high school feeder attendance boundaries serving the Project and
due to the consequential increase to the School District in the cost of providing and maintaining adequate
educational facilities to serve the future residents of the Project; and
WHEREAS, the Developer desires to mitigate a portion of such costs by paying a cash in lieu of
lanc dedication fee for school purposes ("In-Lieu Fee") which would be reasonably necessary to serve the
Project and the future residents thereof, as provided herein; and
WHEREAS, the School District in reliance upon the Developer's obligations hereunder is willing
to forebear from recommending against approval of the Project on the basis of inadequacy of school sites.
THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this
Agreement, the parties agree as follows:
1 . P tent. It is recognized that the Project will create an additional need for new
schools or the expansion of existing schools in order to adequately provide for the educational needs of
elementary, middle school, and senior high school students who are expected to reside in the Project in
the future. The purpose of this Agreement is to provide for the payment of In-Lieu Fees prior to the
issuance of the building permits.
2. Determination of Land Dedication or In-Lieu Fee Requirements. The parties
acknowledge that it is reasonable to determine the expected demand the Project will have on the need for
school sites and, therefore, the amount of In-Lieu Fees, by the method provided in this Agreement
2.1 School District Planning Standards_ The School District's planning standards, as
of the date of this Agreement, related to: (i) student yields for each school age level for single-family
dwelling units; (ii); facility enrollment capacities, and (iii) school site acreage requirements (collectively
referred to as the "School Planning Standards"), are set forth on Exhibit B, attached to and incorporated
into this Agreement. Exhibit B illustrates how the School Planning Standards would be applied to this
project for 14 new single-family lots to determine the land dedication or In-Lieu Fee requirements, based
upon the fair market value of land. The Developer and the School District agree that these School
Planning Standards, land dedication requirements and the fair market value of the land identified on
Exhibit B are reasonable and shall apply to the Project as currently submitted to the Schoo District. In the
event of future revisions of the Project, including, without limitation, final or future platting within the
Project different from or beyond those currently being submitted for approval, the School District, at its
option, may require that its then current School Planning Standards and land values be applied to such
areas. If such adjustments result in additional land dedication requirements or In-Lieu Fees for the Project,
they shall be modified and conveyed or paid as provided below in section 3.
Page- l of5 -5/18/00
2.2 Land Dedication or In-Lieu Fee. Prior to or at the time the Developer submits any
proposed development plans (including any revisions to previously approved plans) for the Project to the
relevant local governmental entity that has planning jurisdiction over the Project, the Developer will meet
with the Superintendent of the School District or a designee for the purpose of determining whether the
School District desires the dedication of any land for schools within the Project, consistent with the School
Planning Standards. In the event the dedication of sites or land areas is not deemed feasible or in the
best interests of the School District, as determined by the Superintendent or designee, the School
District may require that the developer pay to the School District an In-Lieu Fee per the planning standards
indicated in Section 2.1 and Exhibit B. For the 5 units proposed in the current development plan, the 'n-
Lieu Fee requirement will be applied and not a land dedication requirement.
2.3 Computation of In-Lieu Fees. The In-Lieu Fee shall be computed as indicated in
Section 2.1 and Exhibit B. In the event the governmental entity with jurisdiction over this property has
adopted a land dedication/cash-in-lieu ordinance, the In-Lieu Fee shall be computed using the then-
current land valuation applied by the governmental entity with jurisdiction over this property as of the time
the In-Lieu Fee is paid.
3. Time of Payment. The time for payment of the In-Lieu Fee, as required under tnis
Agreement, shall be determined as follows: In-Lieu Fees shall be paid prior to the issuance of residential
building permits for the Project. The fees shall be made payable to the St. Vrain Valley School District RE-
1J at the District Offices located at 395 South Pratt Parkway, Longmont, Colorado 80501-6499. The
District shall issue a receipt which will document to the County that the Cash-in-lieu requirements have
been met.
4. Application of Funds. The School District agrees that any amounts received under this
Agreement from the Developer will be used for capital facilities planning, site acquisition and deveoprnent
or school facility capital outlay purposes within the senior high school feeder attendance area boundaries
that include the Project. The time for and nature, method, and extent of such planning or construction
shall be within the sole discretion of the School District.
5. Separate Obligations. The Developer acknowledges and agrees that the provisiors of
this Agreement are separate and distinct from and in addition to other requirements set forth or imposed
by any local governmental entity with planning jurisdiction over the Project.
6. Term. This Agreement will be effective as of the date set forth above arid shall remair in
effect through December 31 2020, unless terminated earlier by the written agreement o'the parties.
7. Successors and Assigns Bound. This Agreement and each term, provision, covenant,
restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and
inure to the benefit of, all successors, transferees, trustees, grantees. owners, and assigns of any rights,
title, or interest in any portion, residential lots, or parcels of the Project.
8. Entirety of Agreement. This Agreement is the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous
agreements, understandings, terms, conditions, representations, and discussions, whether oral or
written, which may have been made by the parties, or their representatives, concerning the matters set
forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have
not made any promise, representation, or warranty whatsoever, whether express or implied, written or oral,
not contained herein, concerning the subject matter hereof, to induce the execution of this docurnert.
9. Assignment, The Developer may assign any of its rights or obligations under this
Agreement to any subsequent owner of all or any portion of the Projector any right, title, or interest
therein in accordance with this section. Upon any assignment hereof, the assignee shall become liable for
Page-2of5 - 3/18/00
the payments provided for herein and for the performance of all other agreements, terms, conditions, and
covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with
respect to that portion of the Project. No assignment shall be effective to release the assignor from liability
hereunder unless the assignee of this Agreement assumes and undertakes in writing lo keep, observe,
and perform all of the agreements, terms, conditions, and covenants contained herein and provides a
verified copy of such assumption and assignment to the School District. Under any such assignment in
accordance with this section, the assignor shall be released from liability under this Agreement to the
extent of that portion of or interest in the Project assigned.
10. Attorneys' Fees and Costs. Each party shall bear its own attorneys fees and costs
incurred in the negotiation of this Agreement.
11 . Amendment or Waiver. No charge, amendment, or waiver of any of the terms or
provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in
writing signed by the parties hereto.
12. Partial Invalidity. If any of the terms, provisions, covenants, restrictions, or conditions of
this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid,
unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions,
covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect
13. Venue and Applicable Law. Any action arising out of the provisions cf this Agreement
shall be brought in the Boulder County District Court and the construction and effect of the terms and
agreements contained herein shall be governed by the laws of the State of Colorado.
14. Enforcement.
14.1 Restrictive Covenant to Run with the Land. This payment of any In-Lieu Fee
required under this Agreement shall be a precondition to the issuance of a building permit for any
residential development on any portion of the Project. This obligation shall constitute a restrictive
covenant that runs with the Project, binding the Developer, its successors and assigns, and subsequent
owners of any right, title, or interest in all or any portion of the Project. A plat note shall be added which
identifies the following: "No building permit shall be issued by the County or any other
local government for construction of any new residential dwelling within this plat until
the applicant shall first supply the local government building department with a verified
document signed by a representative of the St. Vrain Valley School District REE-1J
which states that the obligation to pay a cash in-lieu of land dedication fee has been
accomplished' .
14.2 Lien and Foreclosure. Any payments required under this Agreement shall be a
continuing lien upon the Project. If not paid as required hereunder, the School District may bring an action
at law or in equity against the Developer, its successors, and assigns or may foreclose the lien against the
Project subject to the obligation.
14.3 Enforcement Fees and Costs. Time is of the essence of this Agreement. If any
payment is not made as required herein, the School District may commence an action for legal and
equitable remedies without further notice or demand. In the event it becomes necessary for either party
to retain the services of an attorney to enforce any provision or breacn of this Agreement or to foreclose
any lien created hereunder, the substantially prevailing party in any such enforcement proceeding shall be
entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys' fees
and costs.
15. Recording of Agreement. A copy of this Agreement may be recorded in the offices of the
Page-3 of 5-5/18/00
County Clerk and Recorder of the County where the property is situated.
16. Notices. Any notice required or permitted by this Agreement shall be in writing. If such
notice is hand delivered or personally served, it shall be effective immediately upon such delivery or
service. If given by mail, notice shall be effective three days after it has been deposited in the United
States mail depository, certified with return receipt requested, with sufficient postage for delivery, and,
unless a new address is designated in writing hereafter, addressed as follows:
St. Vrain Valley School District RE-1J
Attention: Assistant Superintendent for Auxiliary Services
395 South Pratt Parkway
Longmont, Colorado 80501-6499
[Developer:
Katharine H. Oliver
2385 Homestead Place
Longmont, CO 80504
17. Authority. The person signing on behalf of the Developer represents that he or she is
authorized to act on behalf of the Developer for purposes of executing this Agreement, and that
Developer is in good standing, and is authorized to do business, in Colorado.
18. Severability. Each provision of this Agreement shall be severable. If any provision is held
invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction,
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SCHOOL DISTRICT:
ST. VIN VALLEY SCHOOL DISTRICT RE-1J
c�_� r
By. ---Assistant ' p:rin endent •
STATE OF COLORADO )
SS
COUNTY OF BOULDER )
The foregoing was subscribed and sworn to before me this /7-1A day of Ul
2000, byn,4i7 .7. /irk_lcznd as Assistant Superintendent for the St. Vrain Valley School
District RE-1J. Witness my hand and official seal.
My Commission Expires: 5-5:0200
¢licf
Notary Pu,
l,n,
Page-4 of 5- 5/18/00
DEVELOPER:
•
By.
STATE OF COLORADO )
) SS
COUNTY OF WELD
The foregcing was su cribed-and sworn to before me this day of =:ILA 6 ___,
2000, by Kct�no.¢ t tit a— as - -- of the
. Witness my hand and official seal.
My Commission Expires: �-- ° ' 7—°`-).-2-
4
Notary Public
Page-5 of 5-5/18/00
Exhibit A
I. LEGAL DESCRIPTION •
PROPERTY DESCRIPTION
A parcel of land being pan of the Southwest Quaver(SWIM)of Section
Four(4),Township Two North(TIN.),Range Sixty-eight W esz(R68 W.)of
the Sixth Principe.Meridian(6th P.M.),County of Weld,State of
Colorado and being more particularly described u follows: -
BEGINNING at the Southwest Corner of said Section 4 and assuming the
West line of said SW I/4 as bearing North 01°05'42"East a distance of t-u,
2671.46 feet with ill other bearings contained herein relative thereto:
THENCE North 01.05'42'East along said West line a distance of 238.40 _
feet to a Point On a Curve(FCC)and being the NortherlyRight-0&Way 07r:,, it' - - - - - —- - ae9-+r°e'i
(ROW)line of State Highway#119;SH#119). Aforesaid line being ra.e.,oa "`-
3i'
non-tangent to said curve;
Thence along said Northerly ROW lac by the following Four(4)courses •
and distances:
THENCE along the Arc of a curve which isto th concave e Nona a distance %'°-^ cos —
of 572.20 feet,whose Radius is 11,110.00 feet,whose Delta is u -��
02.53'55•,and whose Long Chord bean South 86°35'1 I-East a distance of y —_
572.14(cu to the end of said curve; :\I l '^ R
THENCE North 6}126'34'East along a line non-tangw g to the aforesaid '^ 16
curve a distance a distance of 11120 feet; _ "
THENCE Suety 68.30'54'East a distance of 210.69 free; - sV Oa
THENCE North 89'7920-East a distance of 163.42 net to the Southeast / •
Corner of Fin,Filing Meadow Vale Farm I'UD. Said point being We TRUE - t-xto sn'
POINT OF BEGINNING: _ o-a.sec' "\ -! --'°•"°
o--Jn'xs' •
ce 512.55 m': \
Thence along the Easterly lines of First Filing Meadow Vale Palm PUD ma Os7nnl a .�.ra sae, c•x22.8.3 >(4/
rend Filing Meadow Vale Farm PUD by the following Seven(7)courses "' °"" /�
and distances -
THENCE North 00'20'40'West a distance of 151.17 fat to a POC. Said �/%s
line being non-tangent to the following curer; �yp
THENCE along t1 Arc ofa curve which is concave Co the Southeast a o-;:m re' /mod'
distance of 418.41 feet,whose Radius is 627.74 feet,whose Delta a c9-,eso9'ss6 e• r o
38'1 122°,and whose Long Chord bean North 46°14'42_•East a disuoce to
""212
��
410.70 feet to the F'oint of Tangency(PT); _
THENCE North 2]•09'01"East a distance o(60J.021cn m aPC, / '.�
THENCE along the:Art of a curve which in concave in fetheS PC, a sewn
distance of 257.17 let,whose Radius is 797.91 fm,whose Delta Ls S
37"01'49',and whose Long Chord bean North 45°39'55'East a distance of ///////� ZF
2_5:2.72 feet to the PT: /! eo aU
THENCE North 64.10'50•Eau a distance of 61500 fret to a PC, /� rh
aw •
THENCE along the Arc of a curve which is concave to the Northwest a-szt sr--
eu' ;IV,/ e: sg.
THENCE
ofwhosea Radius is 217.58 e e u case CV:-
63"4925-.and whcsa Long Chord bean North 32°1607'East a distance of CO-m.614'4n \
�+� /'� +ti
22:t.63 feet to the PT; a-aPro `V /'
THENCE North 002125"East a distance of 924.40 leer to the North line .m " /
of said SW lt4;
THENCE North 8921'48'East along the North line of said SW I/4 am /
distance of 238.74 feet to the Center Quarter Corner of said Section 4;
THENCE South 00.3778'West along the East line of said SW I/4 a distance t soli ': '
of2ssl.00 feumthe Northerly ROW line of said SH#119'' �nevva'as-w �."E�S°. 'eL°S"°' e
Thence along said Northerly ROW line by the followm Three t Y g (3)wanes / 2e2.zT fl
ant distances: a _ y___ 11---
SB9'.39xn'w - 599]xC6w ]0919' \�y I
THENCE South 88"52.06'West a distance of 120929lea; tso.sa' ^_
THENCE North West a distance of 282-27 feet; STATEE HIGHWAY 119 _ _North 87'0
THENCE South 89"3920'West a distance of 150.06 feet to the TRUE PONT �' ` >..aw L
OF BEGINNING.
•
Said describes parcel of land contains 44.416 Acres,more or las(4) -"-----------
and is subject to any rightso(.way or other easements as grand or
reserved by instruments of record or as now existing on said des abed
parcel of land. r
Exhibit b School Pl ....•ing MEADOW 'VALE FARM Prf,,.,€ II
Standards And
Calculation of
In Lieu Fees •
I I I
Single Family
- ---School Planning Standards
Number 1 Projected Student 1 Site Size I Acres of Developped 1
Of Student I Facility f Standard Land Land I Cash-in-lieu
Units ; Yield _j Standard Acres Contribution ; Value Contribution
I_-
Elementary 14 0.35 525 } 10 0.09 $25,100
4.9
Middle Level 14 F U.14 750 25 u.07 $25, 100
1 .96 —
Huh School 1 4 0.17 1200 40 0 08 $25,100 '
2.38 I I
Total 9.24 —_ 0.24 $25,100 $5,974
r 1
_ 1 L
9Family JII
Yield is .66 $427
Single Student Yielli _ _ _- . i _ -
7/18/00
Report Date: 08/25/2000 01:59PM WELD COUNTY TREASURER Page. 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7017298
ASSESSED TO:
OLIVER KATHARINE H
238.5 HOMESTEAD PL
LONGMONT, CO 80504-6260
LEGAL DESCRIPTION:
SW4 4-2-68 EXC THAT PART PLATTED AS MEADOW VALE FARM PUD #1 &2 (3.19R)
PARCEL: 131304300050 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INT AMOUN
T ADV,PEN,MISC TOTAL DUE
TOTAL TAXES J .00
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL ASMT J.00
TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMP7'FEE "COTAL DUE
TOTAL STATEMENT I .00
GRAND TOTAL DUE GOOD THROUGH 08/25/2000 0.00
ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 1368-
Authority Mill Levy Amount Values Actual. Assess d
WELD COUNTY 22.038 29.30 Land 4590 13. 0
SCHOOL DIST RE II
44.096 58.66 Exempt 0 0
NC'W WATER 1.000 1.33 Improve 0 0
SVW WATER 0.328 0.44 -- ----_ ._
LEFT HAND WATER 0.000 0.00 Total 4590 13 0
MTN VIEW FIRE(BOND 0.634 0.84
ST VRAIN SAN 16.546 22.01
WELD LIBRARY 3.249 4.32
MOUNTAIN VIEW FIRE 7.817 10.40
95.708 127.30 - TAXES FOR 1999
ALI.TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE ENDORSEMENT OF CURRENT TAXES BY IT EC
L.IENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGESTO MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AF1ER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HCIMES-AUGUST
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECF.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
c c:,, a ( ] Lrl N) (�11-Ji (�R.".l!i11,4i''1j'44.1 1 0 l�I! ilIt• t TI0' ti .1 ✓' • t,
el(s)
At $� ?¢q�' �*4 �' �Xjllll�' Si -WY.i/l°( r �,7+�i.'fff' 3 (" ii '„J V llj . . 'sw�!
' , • xSSSCSS e 18, . . f' ell ru ICI .0 . i, , 04 sex r 7y. ltl , ffi(es;
''�'1, ` 1 0d therein,4*'4ff ,1]3Ve beelL't1. 111 fun. . " y Atilt'�;,-"t,(" ' fl ,I', 11 `"-
�' ',OA V�'k _ 12� RSs. R '•a { � '"`�+ t- '�`?$ 5� '`�a`, i $.�t3r� y�,��' ,
1321,
,fr 'Signed ��tt CY-L/
y, 4 u / 4 tti dot rr J) r Dale "F" i i , _
a
I,* , le �' ` '" +S r "k I r f tk t E,ta
SI 4''°x' '1b ' >Y x ,{� -
. . f5PE7�4S3'� .
MEADOW VALE II
PRELIMINARY DRAINAGE REPORT
Prepared For
Meadow Vale II
Floyd Ohs er
April, 2000
KETTERLING, BUTHERUS AND NORTON, LLC.
�J
820 8TH STREET PLAZA
ENGINEERS GREELEY, CO80631
TABLE OF CONTENTS
I. GENERAL LOCATION & DESCRIPTION - 2
IL DRAINAGE BASINS -- 2
III. DRAINAGE DESIGN CRITERIA - 3
IV. DRAINAGE FACILITY DESIGN - 3
V. CONCLUSIONS- - 3
VII. REFERENCES - 4
APPENDIX A
Vicinity Map
Calculations
APPENDIX B
Graphs & Charts
DRAINAGE EXHIBIT (Pocket at end of Report)
1
I. General Location and Description
A. Location.
Meadow Vale II is located in the East half(E'/z) of the Southwest quarter (SW!/a) of
Section 4, Township 2 North, Range 68 West of the 6th Principal Meridian in Weld County.
Colorado. A undeveloped land bounds the site to the North, a private lake bounds the proper. to
the East, while Weld County Road 51/2 bounds the she to the West and undeveloped land and
State Highway 1119 bounds the property to the south.
The site will be served by United Power,Public Service Company, US West
Communications, Saint Vrain Sanitation District, and Left Hand Water District.
B., Project Description.
Meadow Vale II subdivision development encompasses approximately 9.6 acres. There
will be 14 lots in this subdivision. The site is a portion of a past gravel mining operation The
site slopes generally from southwest to northeast at one and one-half(1'/z) percent. Of the lots
that back up to the private lake, approximately 60 feet of the back of the lot slopes at six feet
horizontal to one foot vertical (6H:1V).
II. Drainage Basins
For analysis purposes, this project has one major drainage basin, which is delineated on
the Drainage Exhibit in the back of this report. The natural drainage pattern of this area was not
changed.
A portion of the site drains undetained to the lake. Another portion of the site will drain
undetained to the borrow ditch along Weld County Road 5%, which then drains either south and
2
east or north and east to the lake.
We have assumed that stormwater generated in the developed basin will be transported
via curb and gutter to an inlet in the northeast corner of the project where it will tilen be piped
between lots to the private lake.
III. Drainage Design Criteria
The Urban Storm Drainage Criteria Manual was used for recommended runoff
coefficients, overland time of flow and estimates of average flow velocity.
The rainfall intensity-duration-frequency data and allowable street and inlet capacities
used in the analysis of this site are provided in the appendices of this report. The 100-year values
were used to analyze the major storm event and the 5-year values were used for the initial or
minor storm event to determine street flows.
The rational method was used to route the minor and major storms through the
subdivision and to check street flows.
V. Drainage Facility Design
The final drainage plan for the Meadow Vale II makes use of streets, a double inlet, a
storm sewer and a grass-lined swale to control stormwater runoff. The general pattern of flo'A is
from the southwest corner to the northeast corner.
VI. Conclusions
We believe the proposed drainage improvements for the Meadow Vale II meet normal
criteria for development.
3
VII. References
- Design Criteria and Construction Specifications (City of Greeley)
Volumes I & II of V- Urban Storm Drainage Criteria Manual
Dustin Spomer, EI
Ketterling, Butherus & Norton Engineers
RLitea, C (7_7444-4;' ,5
evi wed by:
Mike Ketterling, PE
Ketterling, Butherus & Norton Engineers
tt/f'/2'-C't'rC;
Date
' . ..K . r
•
0 16299
F. o� ?4
vi.Q/A••iOONAL b••
•aw• •sir .
cOp CG'-
(affix seal)
4
APPENDIX A
rn
r V...., Ef
ca a
_ iglu,
T b. u
m
XI PP:a
CA
CO
N
T WCR 26 \J
^ I Barbour Ponds
vm O \ State Recreation
-° Area
ham/ �_.
W N N \........
ui
c, GPRCHY_ J THE ELMS 3 R
ID m - �� SUBDIVISION 51 vRAW 3
o4' a' I n I�
4 -
z5 MEADOW VALE ® c
o SUBDIVISION PROJECT
i / LOCATION
7--
119
I Del Cami2
a:594C'- (/—1 L. 4-. et.I/ 1 REEKttJ /riC] O b NF 4v i
c� o W.fz Z0 GQ�� 9 F. io
o
Ad
VICINITY MAP
b
O SCALE 1" = 2,000'±
[4.
b
I I I
0
O
O
Ketterling B, 8 Norton Engineers.LLC.
TIME OF CONCENTRATION ----
Project Name: Meadow Vale-Phase 2 Project No 99011
Location r Weld County,CO. Computat,on By DDS
Item: Initial 8 Travel Time Check By MCK
SUB-BASIN INITIAUOVERLAND TRAVEL TIME 1 COMP tc CHECK FINAL
DATA TIME(ti) (tt) tr. (URBANIZED BASINS) tc
TOTAL ` Min.of
DESIGN ' ARIA C5 LENGTH SLOPE ti LENGTH I SLOPE VEL tt ti +tt LENGTH to=(U180)+10 (11)&(13) REMARKS
(Ac) (Ft) (%) (MIN) (Ft) (%) (FPS) (MIN) (MIN) (Ft) (MIN) (MIN)
(1) (2) (3) (4) i (5) (6) (7) i (8) (9) (10) (11) (12) (13) (74)....
A 4.50 0-45 112.00 i 2.14 9.61 754.00 I 0.77 1 1.75 7.18 16.79 866.00 14.81 • 14:81
1 I I I
I I
•
•
-- ----.._. .- -�- --- �-- ---__ --r_--
4-- - - -� •
---I- -j--___
_ --
r 4
i i
rt--
-F- : .. . __ .. . •••- - -- . :.:. .... .. .. ...
--------- .._ _.._....._...__._.__ __._.�._ _._... . ....
.
•
i
I i I I t t I i
Ii
It III
Time_con.xls_4/5/D0_4:57 PM 1
weged,rg n,,t Norton Engineers LLC
STORM DRAINAGE SYSTEM DESIGN DATA
Project Name Meadow Vale Phase 2 PrOject No. • 99011
Location .. .d nty,CO. Computation By : DDS
Item initial Storm 5 Yr.Event Check By . MCK
•
i Location atOssian ° S F ! H'
ii1
¢ ¢ II1fl
F. t—
Point a
.,�.L 1—
I 1. A 866.00 9131 7.18 15 0.45 3.40 I 450 8-89 1 (1 1 1.10 13.60 _.... .... {... f.................... U180+10——
II fI f..t. _ i
r...._. .._ _ I I
---
I
L I-__ 1 . 1 I 1--_._-- __ 1-- -- a_— . _
.
•
I . .
1
L�:- _-. __ .� .._ .�_ __ : k� _: 1 _:.. ___. _ _ -:I _ — -- — __ . 1
______ _
I _.. ;
i
_•_
T
___ _
j... . . I . . I { 1 I I ..I_......_{..... -I -1-'- ._...._..4 .._ .._..{. ...._......
1 1 . ._.. 1_ I ! ... . ..._. . .}.. . ...;.... . I L. I I I I ` I I I
•
1 i i I i ; i ; r I ; i i • 1 i
I 1 i i " .. i i i i ; .•
4 . / 1 t .
'r i 1 I ( I t i I I 1 i 1
i ! I : i t i i (
•
I - .....1. I i I•
I r i
Cr dra.nage%I E 4/6100_8 31 AM 1
,=nPr.nq 1-, ;N,,'nn E nn nee, LLC
STORM DRAINAGE SYSTEM DESIGN DATA
Project Name Meadow Vale Phase 2 Protect No 99011
I oca!'or, word ce,mty. CO Computation By DDS
Item Initial Storm 100 Yr.Event Check By BECK
....- ..
Flow Time I Street 1 Pi Street
IWeston of S " E; Point III _ $ g g '�
I I-g- 1 1 111 i li i 1- 1- .
1.10_ .......:.:. 6
A..--1- *= -- 1.-.:.-::,-:i.-1 !1fJ11!. ILi!L1_----_-�-:---�_-•: l_._...._.- ._.._.L.......,...._.,._. .._L.__..._._ -.,.,__F.__-.-,.aj-__....._..,L._..:: .:-'_'--=----------._._.._. _.._
� __:
6.34 f 4.50 I.17.12
:: : 1 11a6088.00 91718 1560 180+10•
1
F 1 I
I..._
I t
771
I I ----i t -I- 1- [ i
I _. .._
I 4 1- t -I- t -1 -1 1
. . _
, ___ 1
. -+ i i 1 • _,
1
_
_ .
,_ r----
__t i I 1 1 i
. .,.
i
f
I ._,
i i
,_ _ _____........._________._._•_ • .....
._
I-- .,..._
1 _ _ i _,
.. _ ,
1
i, . . . ..... .._ .. .... . . _....... ..
____
.I._.
I i .. _ ___
............. . . . .
.
_ _ _ i — -1 • •,- -i 1 _____ . ... .______...__.. .
i I 1 ' f I I I I_. ... I t • S ! f "t I 1 i I I I I 1 i
I I f ,
I I 1 1
f i I i I , i f I i I I I ... .. . 1 .... ..1. I.
I 1 1 1 I i 1 I I 1 I 1 I I 1 1 f
i i i I i r
s._. { {{ .. I ... ....._.�..__.._ t I ! i . .. !�.. . . e ` i C i i 1 i E I 1 i .
i i ii i if •�....__._..
' , 4 i i I I f
St drainage XLS_4./e100_8 31 AM
Kettering Butnerus 8 Norton Engineers,LLC
STREET CAPACITY CALCULATION ___
Project Name Meadow Vale East Project Name 99011
Location Weld County,Colorado Computation Ely :ADS
Item Initial Storm Chec.Ely MK
Street Local Residential-40'FL to FL
Curb 8 Gutter Standard Mountable type 2 Section MS Modified Curb,Gutter and Sidewalk Detai No S 15
(half street)
O=0.56'(Z/n)'S^(1/2)'Y^(E/3)
t - - O=Theoncal gutter capacity(CFS)
1 Z=Reciprocal of cross slope Ift/ft)
i n=Roughness coeff.
S=Channel slope(ft/ft)
t - t Y =Depth of flow at face of gutter(ft)
— -- — F=Reduction factor for allowable gutter capacil r
L=Water Surface in Pavement
Qall=(Qa-Qb+oc)•F
a b c
12 12 50 2:
750 750 3125 Ztn
0.416 - - )
- 0.29 0.29 Si.
Wde(in.) Deep(in) SG a b c Cl F Gall
Gutter-- 18 1.5 0.40% 2.56 0.99 4.12 5.69 0.50 2.84
Gutter Slope: (51) 8.33% 0.45% 2.72 1.05 4.37 6.03 0.58 3.50
0.50% 2.86 1.10 4.60 6.36 0.65 4.13
"n"pavement: 0.016 0.60% 3.14 1.21 5.04 6.97 0.80 5.57
Cross Slope: (52) 2.0% 0.65% 3.27 1.26 5.25 7.25 0.80 5.80
L= 14.55 0.80% 3.62 1.40 5.82 8.05 0.80 6 44
0.85% 3.73 1.44 6.00 8.29 0.80 6.64
x/Za= 0 125 ft. 1.15% 4.34 1.67 6.98 9.65 0.80 7.72
1.65% 5.20 2.01 8.36 11.56 a80 9.24
1 70% 5.28 2.04 8.48 11.73 a80 9.38
2.40% 6.27 2.42 10.08 13.94 0.76 10.59
Max.Flow Depth for Initial Storm: 2.50% 6.40 2.47 10.29 14.22 0.75 10.67
y max = 0.42 ft. 2.80% 6.78 2.61 10.89 15.05 0.72 10.84
2.88% 6.87 2.65 11.04 15.27 0 72 10.99
y max. > y 3.40% 7.47 2.88 12.00 16.59 0 67 11.11
0.417 > 0.416 OK 3.60% 7.69 2.96 12.35 17.07 065 11.09
4.50% 8.59 3.31 13.80 19.08 0 56 10.69
4.60% 8.69 3.35 13.96 19.29 0 55 10.61
4.75% 8.83 3.40 14.18 19.61 0 54 10.59
4.80% 8.87 3.42 14.26 19.71 0 53 10.45
4.95% 9.01 3.47 14.48 20.02 0.52 10.41
STR Capacity.XL5 4/6100_10:11 AM
Ketterling I3utherus 8 Norton Engineers,LLC.
INLET SIZING IN SUMP
Project Name: Meadow Vale East Project Name 990'1
Location Weld County,CO. Computation By DD:
Item Initial Storm(5-YR. Event) Check By MCA._
Design Point: 1
Curb&Gutter : Standard Mountable type 2 Section MS Modified Curb, Gutter and Sidewak Detail No S - 15
Ponding Depth = 0.42 ft. Starting Flow Depth at FL
For a Type 3 Double Combination Inlet in Sump Condition(Figure 7-8)the allowable Inlet Capacity is :
Qs = 6.9 CFS From Final Drainage Report Q2 c QI
C; = 12.3 CFS Inlet Capacity OK
I
Inl_sump.xls_4/6/00 10:52 AM
Kellerling.Butherus 8 Norton Engineers,LLC.
CULVERT CALCULATION
Project Name: MEADOW VALE PHASE 2 Project Name 99011
Location : WELD COUNTY, CO Computation By: DDS
Item Major Storm-100-Yr.Event Check By MCK
ELh4 _— ln) ROADWAY ELEVATION —. .. . _ (I it
Conditions: Tom-- --u-LtU _-
Roadway El= 52.91 FT 0.01 -- `- -_ - -_-_- -"_- -
ELi = 49.90 FT NW- /EL a: In) So: _ .1H
_-
EL o = 41.27 FT _ _ ______________ _
D= 18 IN RCP 1.5 FT - -____LOFIGIWK- srR _FAO BED --- - - --- TM
Q= 14.00 CFS -- ALL — -. _ I
L= 124.25 FT ELI — (fI)i _� —
n= 0.012 5=iS0- FALL ! L0
EL
S= 6.95% S . D.---_Ih)
Tw= 072 FT 2 E 3
Calculation:
(full)A= 1.77 S.F. q/Qf= iiiii1 47 FIGURE 6-1 From Chart, page 181 (HW VD)= 2
(full)V= 17.02 FPS d/Df- 0.478 d=git FT From Chart, page 184(dc)= 1.4
(full)Q= 30.07 CFS vNf= 0.979 v=14B416
' FPS Pipe exceeds allowable velocity From Chart.page 185(H)= 3.2
Total low per HEADWATER CALCULATIONS
Flow Barrel INLET CONTROL OUTLET CONTROL c g p
CULVERT DESCRIPTION : 0 0/N HWi/D HWi FALL EL h; Tw dc dc+D ho ke H EL ha g po > m o Comments
o ix Material-Shape-Size-Entrace (CFS) (1) (2) (3) (4) (5) 2 (6) (7) (8) 0 I w 0 >
OK
18 IN RCP 14.00 2 3.00 52.90 0.72 1.40 1.45 1.45 0.5 3.20 45.92 52.90 16.66
Inlet Control
SUBSCRIPT DEFINITION COMMENTS/DISCUSSION : CULVERT BARREL SELECTED:
a APPROXIMATE
I. CULVERT FACE Use Flared end Section at Inlet&Outlet, include Rip Rap Erosion Protection at Outlet Size 18 IN
hd DESIGN HEADWATER YES INLETS LEFT RIGHT Shape CIRCULAR
hi. HEADWATER IN INLET CONTROL FL Elevation = 4920.45 FL Elevation = 4920.45 Material RCP
ho HEADWATER IN OUTLET CONTROL Grate Elevation= 4920.28 Grate Elevation= 4920.28 Entrance -
i. INLET CONTROL SECTION Length= 43.8 ft. Length = 25.07 ft.
,ri rn m FT Wall Thickness= 1 50 in Wall Thickness= 2 50 in
st. STREAMBED AT CULVERT FACE Invert at that point= 46.86 Invert at that point- 43.01
te TAILWATER
' I Cover= 4871.7;2 3. Cover- 4875.55 ft.
1
TECHNICAL FOOTNOTES: H1 ELh,• NW,. EL,IINWRT OF 16) n 0 • T`N or Idc•0/211 WHICHEVER IS GREATER)
u:LEF CONTROL SECTION;
III USE O/NB FOR BOX CULVERTS 1/i M• I. \p 129 n2 L1 /RIJJ V`/2y
12) HWi /D• HW •D OR KW,ID FROM DESIGN CHARTS 151 TW BASED ON DOWN STREAM Ia1FI ho• El 0• H.hA
CONTROL OR FLOW DEPTH IN
e w F' y �Al 11� rr Rr� -HANNFI
ION UILVEHIS IN URAOt
culvert als_415/00_4 59 PM l
Kettering.Butherus&Norton Engineers,LLC
OPEN CHANNEL&SWALE DESIGN
Project Name East Meadow Vale Project Name 9!x011
Location Weld County, CO Computation Bi ['DS
Item Weir(100-Yr.Storm Event @ low pt.In cul de sac) Checked By h'CK
Depth,(Y) 0.7 ft
Conditions:
Manning 0.03
Channel Slope, (So) 1.50%
Left Side Slope,(Ss) 4.00 H:1V
Right Side Slope, (Ss) 4.00 H:1V
Channel Base Width,(b) 4.00 ft
Discharge,(Q) 17.1 cfs < Q= 17.92 cfs OK
Gravity. (g) 32.20 ft/sect
Calculation:
Top Width, (B) 9.60 ft
Flow Area,(A) 4.76 ft`
Wetted Perimeter,(P) 9.77 ft
Velocity.(V) 3.77 ftisec
Hydraulic Depth,(y) 0.50 ft (y=A/B)
CALCULATE FROUDE NUMBER
F=V/(gy)t" _ 0.94 ] Flow is Subcritical
wier.xls_4/5/00_5:02 PM
Ketlerling,Butherus&Norton Engineers,LLC
OPEN CHANNEL&SWALE DESIGN
Project Name: East Meadow Vale Project Name 99011
Location Weld County, CO Computation Ey 10S
Item SWALE(100-Yr.Storm Event) Checked By MCA
Depth, (Y) 0.39 ft
Conditions:
Manning 0.033
Channel Slope, (So) 2.00%
Left Side Slope, (Ss) 4.00 H:1V
Right Side Slope, (Ss) 4.00 H:1 V
Channel Base Width, (b) 4.00 ft
Discharge,(Q) 6 cfs < Q= 6.21 ofs OK
Gravity, (g) 32.20 ftisec2
Calculation :
Top Width,1B) 7.12 ft
Flow Area, (A) 2.17 ft2
Wetted Perimeter, (P) 7.22 ft
Velocity, (V 2.86 ft/sec
Hydraulic Depth, (y) 0.30 ft (y=A/B)
CALCULATE FROUDE NUMBER
F=VI(gy)1" _ 0.91 = I Flow is Subcritical
•
channel.xls_4/5/00_4:59 PM
APPENDIX B
DRAINAGE CRITERIA MANUAL UNJ- F
TABLE 3-1 (42)
RECOMMENDED RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS
LAND USE OR PERCENT FREQUENCY
SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100
Business :
Commercial Areas 95 .87 .87 .88 .89
Neighborhood Areas 70 . 60 .65 .70 .80
Residential :
Single-Family * .40 .45 . 50 . 60
Multi-Unit (detached) 50 . 45 .50 . 60 .70
Multi-Unit (attached) 70 .60 .65 . 70 .80
1/2 Acre Lot or Larger * .30 .35 .40 .60
Apartments 70 .65 . 70 . 70 .80
Industrial :
Light Areas 80 . 71 . 72 . 76 .82
Heavy Acres 90 . 80 .80 .85 .90
Parks , Cemetaries: 7 . 10 . 18 .25 .45
Playgrounds: 13 . 15 .20 .30 .50
Schools: 50 .45 .50 .60 .70
Ra: lroad Yard Areas 20 .20 .25 . 35 .45
Undeveloped Areas :
Historic Flow Analysis- 2 (See "Lawns")
Greenbelts, Agricultural
Offsite Flow Analysis 45 .43 .47 .55 .65
(when land use not defined)
Streets:
Paved 100 .87 .88 .90 .93
Gravel (Packed) - 40 .40 .45 .50 .60
Drive and Walks : 96 .87 .87 .88 .89
Roofs : 90 .80 .85 .90 .90
Lawns , Sanay Soil 0 .00 .01 .05 .20
Lawns , Clayey Soil 0 .05 . 15 .25 .50
N0- E : These Rational Formula coefficients may not be valid for large basins.
*See Figure 2-1 for percent impervious.
11-1-90
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT
DRAINAGE CRITERIA MANUAL RUNOFF
500 I — 70
0
_ -i o
I
400 -. --h '." 0 �S��, / -, 60
ry
h
I, 0 ,
I
300 - - {— - SO
I--
W ; / FI w
D
? I I G' ;'o • A
200 - Ct o - 40
Lu
n• Or I -,••• >
o ioo ,/I 6C ^ so
0 _ A .� t _ ' y
Celt '/-. 20
60 ./-, 'lir ,— � a
- go
•
c_
_ lc,
C=.95.------:
./ /� .--
Si C
k I
FIGURE 3-1 OVERLAND TIME OF FLOW CURVES 171
5-1 ' 84
URBAN DRAINAGE 8 FLOOD CONTROL DISTRICT
DRAINAGE CRITERIA MANUAL RUNOFF
50 -
I1
30 — I r
1_i —3 a
Z o
w 4.
4,
U o %
CC W •• v it v
Z _ v e --10 a , —
O 5 — _ /CjT
v - -_Y ,a h 4�e c+'cc
2 — . o
o �t �,
4-
cli 4?
Q 4 O_
II
.5 •
•
1 .2 .3 .5 1 2 3 5 10 20
VELOCITY IN FEET PER SECOND
FIGURE 3 - 2. ESTIMATE OF AVERAGE FLOW VELOCITY FOR /K.yk
USE WITH THE RATIONAL FORMULA.
t MOST FREQUENTLY OCCURRING "UNDEVELOPED"
LAND SURFACES IN THE DENVER REGION.
REFERENCE: "Urban Hydrology For Small Watersheds" Terhnica
Release No, 55, USDA, SCS Jan. 1975.
5 -1 -84
URBAN DRAINAGE & FLOOD CONTROL DISTRICT
Table 3.3. Extended Duration-Intensity-Frequency Tabulation, Greeley, Colorado
---1
•
StormFrequency
Storm
2-year 5-year 10-year 25-year 50-year 7 100-year
Duration .
(iii/hr) (in/br) (in/hr) (in/hr) (in/hr) ''
5 min _ 3.62 5.19 1 6.12 I 7.31 8.73 ! 9 67 _
10 2.81 4.02 4.75 1 5.67 ! 6.78 7 5!
__ 15 2.37 3.4 4.01 I 4.79 5.72 C .+4• _
20 2 2 86 3.38 4.03 4.81 c_t4
_ 25 1.77 2.54 3 I 3.58 4.28 I_4 74 _
-
'_ 30 1.64 2.3 5 I 2.78 I 3.22 3.97 4 9
40 1.34 1.92 2.27 2.7 3.23 3.f.49 j
L 50 1.16 1.66 1.96 2.34 j 2.8 I 3. 1
60 (1 hr) 1.04 1.49 1.76 2.1 ( 2.51 1.78
i 80 0.8 1.14 1.47 1.61 1.91 2.16
100 0.67 0.94 1.2 1.3 1 .58 ; 1.79
-,120 (2 hr) 0.58 I 0.8 0.96 - 1.14 1.3 T 1 5
I _ 150 ^ 0.49 0.66 0.78 0.93 1.1 I 1 23 _
180 (3 hr) - 0.42 0.56 0.67 0.8 0.92 1 O5 ,
L r-- 4 hr 0.33 0.44 0.53 0.62 '• 0.72 I 0 81 I
• 5 0.27 I 0.36 0.43 0.5 0.57 0 66
!
1. 6 0.23 0.3 r 0.37 t 0.43 0.49 _I 0 57 _
8 0.2 0.24 _ 0.29 0.34 0.39 0 44
10 0.15 0.2 7 0.24 I 0.29 0.32 036
12 , 0.13 0.17 0.2 0.25 0.28 031
14 _; 0. 11 _ 0.15 0.18 0.23 0.24 0.27
L __ 16 { 0.1 0.13 0.16 0.2 0.22 0.24
18 0.09 0.12 0.14 0.18 0.19 0.21 1
20 0.08 0.11 0.13 I 0.17 r 0. 18 0.1')
22 0.07 0.1 0.12 0.16 0.16 0.17
24 0.07 0.09 0.11 0.14 0 15 - 0.16
I.
1
I
w 2 i •
I I I ��-
LO
Z 73
L.1.-1 B
a TYKE C I�JLfT
O EL 4 — i I i -- - _
_.1 a f
D s G
02 04 0.6 08
DEPTH OF FLCW (FT) -
I
50 —1
•
TYRE-3 COMBINATION - - - - - - I-
CURB INLET TYPE-R ft
TYPE-I3 GRATED c
7 40 1
s
u Q'
« / / iIJJ
�� I V -
r-
/ I
w / w
_I
2_ / .D
J 20 •vQ F /
a) t� '<[ \5 6'°:73\:::-.:13\
'
3
V� RIPE —_� L = - - --- 1-!-E-.1<-1.
C.
...... ir/ „J.'-
�—"r L 6' DOUBLE _
/ / - __.I-----:C% SWAG\-
_ -
j -7----s----- __- -
0 0.2 0.4 0-6 0.8 1.0
DEPTH OF FLOW (FT)
ALLOWABLE INLET CAPACITY
SUMP CONDITIONS - ALL INLET.S
City of
G"r1ey FIGURE 7-8
Public Works
Department DATE: JANUARY, 1997 SCALE N 7 -
I
1
1.0
0.9 / —}_-
0.8 I w�� �.!
07 }e / _1I
/
-J 0 6 / -/-__.—
a.
CI 0 5
a. / -1-Al 'VT -
0.3 /0.2
0 0.1 0.2 0.3 0 4 0.5 0.6 0.7 0.8 0.9 i.0 LI i' 1 3
PROPORTION OF VALUE FOR FULL FLOW
HYDRAULIC PROPERTIES
CIRCULAR PIPE
City of
Greeley FIGURE 6-I
Public Works --Department DATE:DATE'. AUGUST, 1996 SCALE: N.T S.
M
CHART 1C_
— 100 - 10,000
-• 168 - 8,000 EXAMPLE ( I )) (2) (3)
.-• 166 :- 8000 0..tInn. (3.6g«n - 6 6.
- 14 - 6,000 0.110 els =1s. r
— 132 :L—
RB' r' 6. 5.
- — 4,000 �y
32 3 gut
r 4. .
- 3,000 I I) 1.6 5.5 r '5. l- 4.
— 120
2,000 R) t.l 7.. I- 1'
- I08 13) 1.5 7.1 .— 4.—t_=i. C
e0 in lest - F. r 3.
-
- I-
H
96 — 1,000 — '.7, r- _
800 r
r.
— 84 — 600 - ' i —#—4 ---=2
- -- 500 f
/ e -
— 72 -- 400 /- Y., ;.
N C ;
A
2 N - rc�
— 60 — 200 �v 1...E_________4_______,____
_ ---^
/ ar _
S — 54A[
.-r....--
w — 48 /0 _ Ioo Z
> z - e0 _
a
v cID r60 a 0 O
—=-----42 w
u. InO 0 - 50 MW SCALE ENTRANCE c 0
-- 40 D TYPE Q
Q yJ
• — 36 d1 f 9
4i - 30 II) Snare saga with h-
_ headwall 0 3 _____+____• - 33 - a
3 _ 20 It) Orion and with W
-- 30 headwall S " .0 i-- .8
- (3) 0 end •6
— 27 - projecting
- 10
24 - 6 ' -. '_•.- ---r-
-
- 6 To use scale (2) or (3) project
— 21 — 5 horizontally to male 11),Irian
- 4 um straight Incunad tine through
D and 0 scales, m-
3 III
2
— 15 -
.5 -- .5
- 1.0 .5
— 12 HEADWATER DEPTH FOR
HEADWATER SCALES 263 CONCRETE PIPE CULVERTS
REVISED MAY1964 WITH INLET CONTROL
BUREAU OF PUBLIC ROADS JAM. 19n
181
3 CHART 4
it
___ - 3.5'
3.0' 1
do CANNOT EXCEED TOP 0? PIPE'
1 2.0)
+.5' _ 1
1.0' IA.
of 1 , 1 I ,
0 10 20 30 40 50 60 70 SO 90 +00
DISCHARGE-Q-CFS
s 1 1 - s
!
5 , -a-6,--. 7
w 9 ----16. u,
L.`� 4 Q ! -\6 k
'O 9' 7'
0
3 is-5.1
7' _ do CANNOT EXCEED TOP OF PiPE5 no ! I• c.
QDIA i 1 I ; I I Q
a20 100 200 300 400 500 600 700 800 900 1000
- DISCHARGE-0 -CFS
Et L.
! 1 1
12 - . ' ' 1 1 _T__-..Y-.
8 + -'
6 I do CANNOT ExCEED TOP OF PIPE _�
3' I
11' !
9'0i,14 1
40 - 1000 2000 3000 4000
DISCHARGE -0 -CFS
BUREAU OF PUBLIC ROADS
JAN. 1964 CRITICAL DE PTH
CIRCULAR PIPE
184
C
CHART 5
r 2000
11
NW Ill
—_----:=_
- o �]!�D Ror 4
S W SIOp. So—� "�rnc�i""" R�
—1000 c 5 SUBMERGED OUTLET CULVERT FLOWING FULL - 5
0 -I
r
-800 -120 For oulnl crow na1 Luang. a, compute 410 by - 6
— mar hods a••croe.a all Ina a.u9n orac•au..
--
-600 --108
-- 8
-500 -- 96
` 4.(C- 1E-- I.0
-400 --84
-300 /
- 72
66
--200 - 60 E*P%E/S 0 cc w :_
N _ O Cry LL
14 — 54 /
0 0 r c Z
Z _ h p.aB �•uo -
b ry00 iy
-ICIO Z OO �t",
oTo /_ �-42 y00 b w -n
ix 80
2 _ o _ 36 t00 AO
— N.,
et
u —60
C41 —33 .400 6p0 -
50 1-
w•- 30 _
-40 a 4000 N _ g
p - 27
0
O N I- 10
30
-24 v
-20 -21 _
-18
- -- 20
-10 --I5
-8
6 --12
-5
-4
HEAD FOR
CONCRETE PIPE CULVERTS
FLOWING FULL
OF PUBLIC ROADS JAN. 1963 n = 0.0 12
185
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
MEADOW VALE EAST
A PLANNED COMMUNITY
AND
MEADOW VALE EAST COMMUNITY ASSOCIATION
TABLE OF CONTENTS
PREAMBLE I
ARTICLE I DEFINITIONS 2
Section 1 - Architectural Review Committee 2
Section 2 - Articles of Incorporation 2
Section 3 - Association _
Section 4 - Assessment _ 2
Section 5 - Assessable Unit 2
Section 6 - Board _ 2
Section 7 - Bylaws
Section 8 - Common Area 2
Section 9 - Common Water Line -
Section 10 - Declaration
Section I I - Developer 3
Section 12 - Federal Mortgage Agencies 3
Section 13 - First Mortgage 3
Section 14 - First Mortgagee 3
Section 15 - Improvements
Section 16 - Institutional Mortgagee or Institutional Lender 3
Section 17 - Living Unit 3
Section 18 - Lot 4
Section 19 - Member _ 4
Section 20 - Mortgage 4
Section 21 - Mortgagee 4
Section 22 - Notice 4
Section 23 - Owner 4
Section 24 - Person 4
Section 25 - Project or Properties 4
Section 26 - Quorum of Owners 4
Section 27 - Registered Notice 4
Section 28 - Related User 5
Section 29 - Single Family 5
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 5
Section I - Existing Property 5
Section 2 - Merger 5
ARTICLE ill ASSOCIATION STRUCTURE AND FORMAT 5
Section 1 - Organization. 5
Section 2 - Membership 6
Section 3 - Executive Board. 6
ARTICLE IV DUTIES AND POWERS OF MEADOW VALE
EAST COMMUNITY ASSOCIATION 7
Section I - General Duties and Powers of Association 7
Section 2 - Duty to Accept and Maintain Property and Facilities Transferred
by Declarant. 7
Section 3 - Duty to Manage and Care for Lot Irrigation System
and Common Water Lines. 7
Section 4 - Duty to Pay Taxes and Assessments. 7
Section 5 - Duty to Prepare Budgets. 8
Section 6 - Duty to Levy and Collect Assessments. . 8
Section 7 - Duty to Provide Audit 8
Section 8 - Power to Adopt Rules and Regulations. 8
Section 9 - Power to Enforce Declaration and Rules and Regulations. 8
Section 10 - Power to Provide Special Services for Members 9
Section II - Power to Employ Managers. 9
Section 12 - Power to Engage Employees, Agents and Consultants. . 9
Section 13 - General Corporate Powers. 9
ARTICLE V COVENANTS FOR ASSESSMENTS 10
Section 1 - General 10
Section 2 - Method of Assessment. I0
Section 3 - Relationship of the Association Lien to Mortgages 10
Section 4 - General Assessments. I I
Section 5 - Budget Process 11
Section 6 - Special Assessments 2
Section 7 - Reimbursement Assessments. 3
Section 8 - Time for Payments. 2
Section 9 - Lien for Assessments and Other Amounts. 1 3
Section 10 - Reserve Capital 3
Section 11 - Estoppel Certificate. 13
Section 12 - No Aoatement 13
Section 13 - Rights of First Mortgagees. 13
Section 14 - Exempt Property. 14
ARTICLE Vi USE AND OTHER RESTRICTIONS 14
Section I - Nuisances . . . . . . . . . . . . . . . . .. . . . . . 14
Section 2 - Restriction on Further Subdivision 14
Section 3 - Single-Family Residences. 14
Section 4 - Common Area Restriction 14
Section 5 - No Imperiling of Insurance 14
Section 6 - No Violation of Law 14
Section 7 - Appearance 15
Section 8 - Restrictions on Signs. 15
Section 9 - Conditions for Architectural Control 15
Section 10 - Rules and Regulations 15
Section 11 - Restrictions on Parking and Storage. 15
Section 12 - Animals Within Project. 16
Section 13 - Control of Antennas and Receiving Equipment. 16
Section 14 - Underground Electric Lines. 16
Section 15 - No Hazardous Activities. . . . 16
Section 1 6 - No Annoying Light, Sound or Odors. 17
Section 17 - Garbage and Refuse Disposal. 17
Section 18 - Repair. 17
Section 19 - Storage 17
Section 20 - Trash Burning 17
Section 21 - Owner's Obligation Upon Resale of Lot. 17
Section 22 - Weed Control 17
Section 23 - Possible Mandatory Interior Fire Sprinkling Systems Requirec.. 1 7
Section 24 - Covenants Run with Land. 18
ARTICLE VII INSURANCE 18
Section 1 - Insurance. 18
Section 2 - Insurance Requirements Generally 18
Section 3 - Insurance for Common Area 18
Section 4 - Insurance on Dwellings. . 19
Section 5 - Association Insurance as Primary Coverage. 20
Section 6 - Workmen's Compensation and Employer's Liability Insurance. 20
Section 7 - Notice of Loss to First Mortgagees. '-0
Section 8 - Annual Review of Insurance Policies. 20
Section 9 - Distribution of Insurance Proceeds by the Association. 20
Section 10 - Other Insurance 20
ARTICLE VIII VARIOUS RIGHTS AND EASEMENTS 20
Section 1 - Association Easements. 20
Section 2 - Easements Deemed Appurtenant. !I
Section 3 - Emergency Access Easement. . !I
Section 4 - Title to Common Area. . _ . . _ . . . . !I
ARTICLE IX ARCHITECTURAL. REVIEW
Section I - Membership and Activation of the Association Architectural
Review Committee 21
Section 2 - Improvement to Property Defined 21
Section 3 - Approval of Improvements Required 22
Section 4 - Committee Guidelines or Rules. ?2
iii
Section 5 - Submission of Plans. . . . . . . . .
Section 6 - Criteria for Approval. -3
Section 7 - Architectural Review Fee. '3
Section 8 - Decision of Committee. '3
Section 9 - Failure of Committee to Act on Plans. '3
Section 10 - Obtaining Governmental Approvals. '.3
Section I 1 - Prosecution of Work After Approval '4
Section 12 - Notice of Completion. '4
Section 13 - Inspection of Work. '4
Section 14 - Notice of Noncompliance 14
Section 15 - Failure of Committee to Act After Completion '5
Section 16 - Correction of Noncompliance. '5
Section 17 - No Implied Waiver or Estoppel. . . '5
Section 18 - Committee Power to Grant Variances. '5
Section 19 - Compensation of Members. '6
Section 20 - Meetings of Committee '6
Section 21 - Records of Actions. 6
Section 22 - Estoppel Certificates 6
Section 23 - Nonliability for Committee Action. '6
Section 24 - Construction Period Exception.
ARTICLE X TERMINATION AND AMENDMENT OF DECLARATION '7
Section I - Termination_ ?
Section 2 - Amendment '7
ARTICLE XI CONDEMNATION, DAMAGE OR DESTRUCTION TO COMMON AREA 7
Section 1 - Damage or Destruction to Common Area. . .7
Section 2 - Owner-Caused Damage. '7
Section 3 - Condemnation Procedure. '8
ARTICLE XII MORTGAGEE'S RIGHTS
Section I - Notice to Mortgagee. '8
Section 2 - Actions Requiring Member Approval. 9
ARTICLE XIII RIGHTS RESERVED BY DECLARANT ;
Section I - Special Declarant Rights. I
Section 2 - Additional Reserved Rights ; I
Section 3 - Rights Transferrable
Section 4 - Development and Withdrawal Rights ;2
Section 5 - Amendment of the Declaration. �2
Section 6 - Amendment of the Map ;3
Section 7 - Interpretation. 3
iv
Section 8 - Maximum Number of Lots. ;3
Section 9 - Construction. �3
Section 10 - Construction Easement. 3
Section 11 - Reciprocal Easements. '4
Section 12- Termination of Development Rights.
Section 13 - Transfer of Development Rights
ARTICLE XIV REQUIRED ALLOCATION OF INTERESTS
Section I - Allocated Interests 5
ARTICLE XV GENERAL PROVISIONS '5
Section I - Enforcement 5
Section 2 - Severability. iS
Section 3 - Claims. ;5
Section 4 - Waiver i5
Section 5 - Conflicts of Provisions .5
Section 5 - Owners Right to Examine. ;5
Section 7 - Registration by Owner of Mailing Address. 5
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
MEADOW VALE EAST
A PLANNED COMMUNITY
AND
MEADOW VALE EAST COMMUNITY ASSOCIATION
PREAMBLE
THIS DECLARATION, made on the date hereinafter set forth, by KATHARINE H.
OLIVER, hereinafter referred to as "Declarant."
WITNESSETH:
WHEREAS, Declarant is the owner of the following described property located in Weld
County, State of Colorado, more particularly described as follows:
Lots 1- 3, Block 1, Lots I - 3, Block 2. and Lots I - 8, Block 3, of Meadow Vale Farm P U D. Thrrd
Filing Subdivision, Weld County, Colorado.
WHEREAS, this Declaration is executed pursuant to and in furtherance o"a common and
general plan (a) to protect and enhance the quality, value, desirability and attractiveness of all
property which may be subject to this Declaration; (b) to provide for an association as a vehicle to
perform certain functions for the benefit of owners of property which may become subject to t`tis
Declaration; (c) to define duties, powers and rights of the association; (d) to define certain dub.:s,
powers and rights of owners of property which may become subject to this Declaration with res;)ect
to the association and with respect to the functions undertaken by the association; and (e) to create
a planned common interest community as defined in this Declaration; and
WHEREAS, Declarant, for itself, its successors and assigns hereby declares that all property
herein or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part
thereof shall, from the date the same becomes subject to this Declaration, be owned, held, transferred,
conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and
improved subject to the covenants, conditions, rest"ictions, limitations, reservations, exceptions,
equitable servitudes and other provisions set forth in this Declaration for the duration thereof all of
which shall run with the title to such property and be binding upon all parties having any right, title
or interest in said property or any part thereof and upon their heirs, personal representatives,
successors and assigns and shall inure to the benefit of each party having any such right, title or
interest in said property or any part thereof.
NOW, THEREFORE, the Declarant with this Declaration states that :he real property
described in the Preamble is and shall be held, transferred, sold, conveyed and occupied subject to
the covenants, restrictions, easements,, charges, and liens hereinafter set forth. Additionally, Declar ant
hereby submits the real estate identified above to the provisions of the Colorado Common Interest
Ownership Act Sections 38-33.3-I0I (the Act), el. se_., Colorado Revised Statutes, as it ma% be
amended from time to time In the event the Act is repealed, the Act, on the effective dale of this
Declaration, shall remain applicable.
ARTICLE I
DEFINITIONS
Section I "Architectural Review Committee" shall meat the committee that is formes by
Article IX of these covenants.
Section 2. "Articles of Incorporation" shall mean the Articles of Incorporation of the
Association, as the same may from time to time be amended.
Section 3_ "Association" shall mean and refer to Meadow yrale East Community Association,
a Colorado corporation, not-for-profit, its successors and assigns
Section 4. "Assessment" shall mean and refer to any assessment levied, charged, or issessed
against an Owner in accordance with the provisions of this Declaration.
Section S. "Assessable Unit" shall mean and refer to any real property within the properties
which is subject to assessments.
Section 6 "Board' shall mean the Executive Board of the Association.
Section 7. "Bylaws" shall mean and refer to the duly adopted Bylaws of the Association as
the same may from time to time he amended_
Section 8_ "Common Area" shall mean and refer to all real property and improvements owned
or leased by the Association other than Lots, as that term is defined herein, which shall include. by
way of example but not limitation, all common sprinkler systems, landscaping of any open space area
adjacent to Lot lines, any exterior signs identifying the subdivision, any pathways built adjacem to
Lots, any lakes or ponds transferred to the Association, all irrigation equipment, pumps and pipelines
necessary to operate a nonpotable water system to furnish irrigation water for Lots within the
subdivision and the raw water provided to the Association to be used for irrigation purposes I his
definition shall expressly exclude any public streets as shown on the Subdivision Plat required by
Weld County, Colorado. The Common Areas shall be owned by the Association at the time of the
conveyance of the first Lot of any phase of development, it being understood that the Common Areas
will be developed and transferred to the Association in phases as the development is completed
Section 9. "Common Water Line" shall mean a Water Line which services the commie areas
or provides nonpotable water for irrigation of Lots within the Subdivision.
Section 10. "Declaration" shall mean the covenants, conditions, and restrictions, and all other
provisions herein set forth in this entire document, as the same may from time to time be amended
Section I I. "Developer" or Declarant shall mean and refer to Katharire H Oliver her
successors and assigns; provided, however, that no successor or assignee of the Developer shall hive
any rights or obligations of the Developer hereunder unless such rights and obligations are specifically
set forth in the instrument of succession or assignment or which pass by operatior of law.
Section 12. "Federal Mortgage Agencies" shall mean and refer to those Federal Age n ies
who have an interest in the properties, such as the Federal Housing Administration, the Veteran's
Administration, the Federal National Mortgage Association, and the Federal Home. Loan Mortgage
Corporation, or successors to their interest
Section 13. "First Mortgage" shall mean and refer to any unpaid mortgage, deed of trust or
other security instrument recorded in the records o'the office ol'the Clerk and Recorder of Weld
County, Colorado, having priority of record over all ether recorded liens except these governmental
liens made superior by statute (such as general ad valorem tax liens and special assessments)
Section 14. "First Mortgagee" shall mean and refer to an institutional lender who holds either
a first deed of trust or a first mortgage on a Lot or Living Unit
Sectior 15. "Improvements" shall mean at refer to all improvements now or hereafter
constructed including, without limitation, all Association-owned exterior boundary fencing_ extcr for
lighting, walks, landscaping, sprinkling systems and irrigation equipment within the projec- owned
by the Association.
Section 16 "Institutional Mortgagee" or "Institutional Lender" shall mean and refer to a First
Mortgagee which is a federally or state chartered bank a federal or state savings bank, or savings and
loan institution, a real estate investment trust, or any corporation whose primary business is �'he
making, purchasing, or placing of mortgage loans, who shall perfect a first priority security position
as to any Lot or Living Unit constructed within the Project.
Section 17 "Living Unit" shall mean and refer to any structure situated upon the properties
designed and intended for use and occupancy as a residence by a single family
Section 18. "Lot" shall mean and refer to any numbered area of land shown as such upon any
recorded final filing plat required by Weld County, Colorado, with the exception of Common A:ea
as heretofore defined. "Lot" shall also mean a "Unit" as defined in C.R.S. §33.33-103(301 as
originally enacted or subsequently amended.
Section 19_ "Member" shall mean and refer to the Person designated as such pursuant to
Article III.
Section 20. "Mortgage" shall mean and refer to a mortgage, deed of trust, or other similar
security instrument held or owned by a Mortgagee which encumbers any Lot and/or Living Unit
Section 21 . "Mortgagee" shall mean and refer only to a Mortgagee under a Mortgage oi a
beneficiary under a deed of trust or similar security instrument. For the purpose of this Declaration
and the Bylaws, no Person shall be deemed a Mortgagee until written notice of such interest has been
given to the Association together with the name and address of the Mortgagee
Section 22 "Notice' shall mean and refer to (i i written notice delivered personally or mailed
to the last known address of the intended recipient, or (ii) notice through a Association publication
which is delivered to the Living Units "Notice to Mortgagee" shall mean and refe- to only written
notice delivered personally or mailed to the last known address of the intended recipient and not
notice through a Association publication.
Section in "Owner" means any person, corporation, partnership, association, contraci sellers
or other legal entity or any combination thereof; including Declarant, who owns the record fee simple
interest in one or more Lots. The term "Owner" shall include any grantee, transferee, heir, sue cessi r,
personal representative, executor, administrator, devisee and assign of any Owner but shall not refer
to any Mortgagee as herein defined or other person or entity having an ownership interest in any I of
merely as security for the performance of an obligation, unless such Mortgagee has acquired title
pursuant to foreclosure or any proceeding in lieu of foreclosure.
Section 24 "Person" shall mean an individual, corporation, partnership, association, uu;t,
or other legal entity, or any combination thereof.
Section 25. "Project" or "Properties" shall mean and refer to all real property which is subject
to the Declaration.
Section 26_ "Quorum of Owners" shall mean the representation by presence or proxy of
Members who hold twenty percent (20%) of the outstanding votes entitled to be cast on any issue.
Section 27. "Registered Notice" shall mean and refer to any notice which has been signer I or
by a recipient or has been certified by the U.S. Postal Service or other entity as having been delivered
to the address of the intended recipient. Failure by refusal of an intended recipient to acknowledge
such Notice shall nevertheless constitute receipt when such refusal is witnessed by one other per n_
4
Section 28 "Related User" shall mean any member of the Family of an Owner who resiues
with such Owner, guests and invitees of an Owner; employees and agents of an Owner: and
occupants, tenants and contract purchasers residing in a Living L nit of an Owner who claim 5':, or
through an Owner
Section 29. "Single Family" shall have the same meaning as that term is defined in the zoning
ordinance of Weld County, Colorado, as of the date of the recording of this Declaration cr as
amended in the future by the governing body of Weld County, Colorado
ARTICLE 11
PROPERTY SUBJECT TO THIS DECLARATION
Section 1 - Existing Property. The real proper)/ which is and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is located in Weld County, Colorado, and is more
particularly described in the Preamble and represerts the first area which will be subject to t-ris
Declaration.
Section 2 - Merger. In accordance with its Articles of Incorporation, the properties, rights
and obligations of the Association may, by operation of law, be transferred to another surviving or
consolidated association similar in corporate nature and purposes or, alternatively. the prcperties,
rights and obligations of an association similar in corporate nature and purposes may by open tion
of law be added to the properties, rights and obligations of the Association as a surviving corpou Lion
pursuant to a merger The surviving or consolidated association inay administer tie covenants and
restrictions established upon any other basis as one scheme. No such merger or consolidation,
however, shall effect anv revocation, change, or addition to Inc covenants established by this
Declaration within the Existing Property except as hereinatier provided Such merger or
consolidation shall have the assent of fifty-one percent (51%) of the Owners of Lots within he
Project at the time of the proposed merger.
ARTICLE 11I
ASSOCIATION STRUCTURE AND FORMAT
Section I - Organization. "fhe Association is a nonprofit, nonstock corporation organized and
existing under the laws of Colorado, charged with the duties and rested with the powers prescribed
by law and set forth in the Articles of Incorporation and Bylaws, as such may be amended from time
to time, provided that the Articles of Incorporation and Bylaws shall not for any reason, be amended
or otherwise changed or interpreted so as to be inconsistent with this Declaration.
5
Section 2 - Membership
(a) Basis. Membership shall be appurtenant to each Lot giving rise to such
membership, and shall not be assigned, transferred, pledged, hypothecated, convevee or
alienated in any way except as provided in the Declaration, Articles of Incorporation or
Bylaws.
(b) Member's Rights and Duties. Each Member shall have the rights, duties and
obligations set forth in this Declaration, the Articles of Incorporation or Bylaws
(c) Voting Rights The Association shall have one (I) class of voting menibeisnip
Class A: Class A members shall be all Owners of Lots as defined in Article I,
Section 17. Class A Members shall he entitled to one (1) vote for each Lot owned
(d) Exercise of Vote. Class A Membership shall be appurtenant to and may not
be separated from record ownership of a Lot, and suet' membership stall automatic illy
transfer to the new Owner upon any sale, transfer or other disposition of a Lot subiect to the
provisions of this Declaration and any Supplements thereto There shall not be more :flan use
(1) Class A Member for any Lot within the Project. Upon transfer, sale or other disposii ion
of all or some of the fee interest in a Lot, the then Owner shall automatically become the
Class A Member with respect to such Lot. The vote for any Membership, which is helc by
more taan one ( I) person may only be exe-cised by one (I) person, or if the Ovine s a
corporation, by an officer of such corporation. A written notice subscribed to by al of s ich
persons or by such corporation, as the case may be, designating one (I) of such person:, or
an officer of such corporation as the person entitled to case the vote with respect to such .,ot
shall be delivered to the Secretary of the Association prior to the start of any annual or special
meeting of the Association. Without this written notice the vote for the Membership shall
not be counted
Section ≥ - Executive Board
(a) Composition The number of Directors shall be as provided in the Articles of
Incorporation and Bylaws
(b) Extent of Power.
(1) The Executive Board shall have all powers for the conduct of the
affairs of the Association which are enabled by law or the Declaration of Covenants
or the Articles of Incorporation and its Bylaws which are not specifically reserved to
Members, the Declarant or the Architectural Review Committee by said Documents
(21 The Executive Board shall exercise its powers in accardance wife 'his
Declaration of Covenants, Articles of Incorporation and its Bylaws
6
ARTICLE N
DUTIES AND POWERS OF MEADOW VALE EAST
COMMUNITY ASSOCIATION
Section 1 - General Duties and Powers of Association. The Association ha; been formed to
further the common interests of the Members of the Association The Association, acting through
its Executive Board or Persons to whom the Board has delegated such powers, shall have the duties
and powers hereinafter set forth and, in general, the power to do anything that may be necessa} or
desirable to further the common interests of the Members of the Association, to maintain, improve
and enhance the Common Area and to improve and enhance the attractiveness and desirability of'he
Project.
Section 2 - Duty to Accept and Maintain Property and Facilities Transferred by Declarant
The Association shall accept title to and maintain the Common Areas, including any Improvements
thereon, Association Fences and personal property or equipment transferred to the Associaticn by
the Declarant, together with the responsibility to perform any and all of the function; set forth it this
Declaration in connection therewith, provided that such property and functions are not incensist.tnt
with the terms of this Declaration. Real property interests transferred by Declarant tc the Association
shall consist of fee simple title to the Common Area, Association fences and the easements therefor
as contained herein. Except as otherwise specifically approved by resolution of the ExecuLve Board
of the Association, no real property transferred to the Association by Declarant and no personal
property transferred to the Association by Declarant shall impose upon the Association any obligat on
to make monetary payments to Declarant nor any affiliate of Declarant, including, but not limite.l to,
any purchase price, rent, charge or fee. The interest in property transferred to the Association by
Declarant shall not impose any unreasonable or special burden un the Association other than he
duties set forth hereinafter.
Section 3 - Duty to Manage and Care for Lot Irrigation System and Common Water Lines.
Upon the commencement of Common Assessments and following the installation of irrigation
equipment and water lines for irrigation of individual Lots, the Association shall manage_ care for,
maintain, repair and replace all equipment associated with providing irrigation water to Lots front the
Association. The Association shall not be responsible for the maintenance, repair and replacement
of any irrigation system that is constructed on the internal Lot in order to irrigate a Lot 1 he
responsibility of the interior Lot irrigation system shall be that of the Lot Owners and not ;he
Association
Section 4 - Duty to Pay Taxes and Assessments. The Association shall be obligated to pay
all taxes and assessments levied on any property or facilities transferred to or acquired and owned by
the Association except taxes and assessments applicable to the period prior to transfer of such
property or facilities by Declarant which shall be prorated as of the time of such transfer and paid by
Declarant. The Association may contest the validity or applicability of any such tares, assessments
7
or impositions so long as such contest does not jeopardize the title of the Association to gay such
property or facilities.
Section 5 - Duty to Prepare Budgets. The Association shall prepare budgets as elsew iere
provided in this Declaration
Section 6 - Duty to Levy and Collect Assessments. The Association shall levy and collect
Assessments as elsewhere provided in this Declaration.
Section 7 - Duty to Provide Audit The Association may provide for an annual audit of the
accounts of the Association If required by a Government Mortgage Agency such audit may be an
independent audit Copies of the report of the audit will be made available to any Member who
requests a copy of the same upon payment of such Member of the reasonable cost of copyin_2 the
same.
Section 8 - Power to Adopt Rules and Regulations. The Association may adopt, amend,
repeal and enforce rules and regulations as inay be deemed necessary or desirable wi-:h respect tc the
interpretation and implementation of this Declaration. the operation of the Association, and the ase
of any property within the project. Any such rules and regulations shall be reasonab e and uniformly
applied. Such roles and regulations shall be effective only upon adoption by resolur.on of the
Executive Board of the Association. Notice of the adoption, amendment or repeal of any rule or
regulation shall be given in writing to each Member of the Association at the address for notices to
Members as elsewhere provided in this Declaration or the Bylaws of the Association, and copies of
the currently effective rules and regulations will be made available to each Member upon request a id
payment of the reasonable expense of copying the same. Each Member shall comply with such runes
and regulations and shall see that Related Users comp)/ with such rules and regulations. Such ru es
and regulations shall have the same force and effect as if they were set forth in and were pail of this
Declaration In the event of conflict between the rules and regulations and the provisions of this
Declaration, the provisions of this Declaration shall prevail.
Section 9 - Power to Enforce Declaration and Rules and Regulations The Association shall
have the power to enforce the provisions of this Association Declaration and of its rules and
regulations and shall take such action as the Executive Board of the Association deems necessary or
desirable to cause such compliance by each Member of the Association and each Related (.s.r_
Without limiting the generality of the foregoing, the Association shall have the power to enforce the
provisions of this Declaration and of rules and regulations of the Association by any one or more of
the following means: (a) by entry upon any property within the Association Area (when a bona tide
emergency exists), without liability to the Owner thereof, for the purpose of enforcement or eausiag
compliance with this Declaration or rules and regulations of the Association; (b) by commencing and
maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions
of this Declaration or the rules and regulations of the Association, by mandatory injunctio r or
otherwise; (c) by commencing and maintaining actions and suits to recover damages far breach of any
of the provisions of this Declaration or the rules and regulations of the Association; (d) by suspension,
8
after notice and hearing of the voting rights of a Member of the Association during and for up to sixty
(60) days following any breach by such Member or a Related User of such member of this Declaration
or such rules and regulations, unless the breach is a continuing breach, in which case such suspension
shall continue for so long as such breach continues. (e) by levying and collecting. after notice and
hearing a Reimbursement Assessment against any member of the Association for breach of this
Declaration or such rules and regulations by such Member or a Related User of such member, and
(f) by levying and collecting, after notice and hearing as defined in this Declaration, reasonable and
uniformly applied fines and penalties, established in advance in the rules and regulations of the
Association, from any Member of the Association for breach of or failure to comply with this
Declaration or such rules and regulations by such Member or a Related User of st.ch member.
Section 10 - Power to Provide Special Services for Members_ The Association shall have the
power to provide services to a Member or group of members. Any service or services to a Member
or group of Members shall be provided pursuant to an agreement in writing, or through one or inare
special service contract(s , which shall provide for payment to the Association by such Member or
group of Members of the reasonably estimated cost: and expenses of the Association of providing
such services, including a Fair share of the overhead expenses of the Association, and shall can tin
reasonable provisions assuring that the obligation to pay for such services shall be binding upon an
heirs, personal representatives, successors and assigns of the Member or group of Members and that
the payment for such services shall be secured by a lien on the property of the Member ,r c roeF of
Members.
Section 11 - Power to Employ Managers. The Association shall have the power to retair and
pay for the services of a Manager or Managers to undertake any of the management or functions for
which the Association has responsibility under this Declaration to the extent deemed advisable by the
Association, and may delegate any of its duties, powers or functions to any such Manager Any
contract or agreement with any such Manager shall be terminable by the Association for cause on no
more than thirty (30) days' prior written notice, and shall be terminable by the Association without
cause and without payment of a termination fee on no more than ninety (90) days' prior written
notice Any such contract or agreement shall be for a term of no niore than one (1) year but mry be
subject to renewal for succeeding terms of no more than one (I t year each. Notwithstanding any
delegation to a Manager of any duties, powers or functions of the Association, the Association and
its Executive Board shall remain ultimately responsible for the performance and exercise of t ch
duties, powers and functions Any agreement or contract with a Manager may contain any or ter
provisions which are required to be contained therein by any Government Mortgage Agency
Section 12 - Power to Engage Employees Agents and Consultants The Association ;hall
have the power to hire and discharge employees and agents and to retain and pay for legal and
accounting services as may be necessary or desirable in connection tAith the performance of any &it ies
or the exercise of any powers of the Association uncer this Declaration.
Section 13 - General Corporate Powers The Association shall have all of the ordinary
powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act,
9
including, without limitation, entering into partnership and other agreements, subject only to such
limitations upon such powers as may be set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association. The Association shall also have the power to do am and
all lawful things which may be authorized, required or permitted to be done under this Declaration
or the Articles of Incorporation and Bylaws of the Association and to do and perform any and all acts
which may be necessary or desirable for, or incidental to, the exercise of any of the express powers
or rights of the Association under this Declaration and the Articles of Incorporation and Bvlawr, of
the Association.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1 - General The Association shall have the power to levy Assessments against the
Lots and the Owners thereof, and each Owner, and, if more than one (1) Person, all such Persons,
jointly and severally, by acceptance of the deed to a Lot, whether or not it shall be expressed in any
such deed, shall be deemed to covenant and agree expressly in any such deed to pay all such
Assessments in the manner and for the purposes pro "ided herein. Subject to the provisions hereof
the Board shall have the power and authority to determine all matters in connection 'A it h
Assessments, including the power and authority to determine where, when, and how Assessments
shall be paid to the Association_ and each Owner shall comply with such determination.
Section 2 - Methoe of Assessment. All Assessments shall be levied by the Association against
Lots and collected and disbursed by the Association The Executive Board shall fix the amount of
the Assessments as provided hereinafter and set the date or dates such Assessments shall become die
Section 3 - Relationship of the Association Lien to Mortgages Except as provided in C R S.
§38-33.3-316 as originally enacted or as subsequently amended by the Colorado Legislature. the I en
of the assessments provided for herein shall be subordinate to the lien of any First Mortc,a.. e,
including any executory land sales contract wherein the Administrator of Veterans Affairs (Veterans
Administration) is the seller, whether such contract is owned by the Veterans Administration or its
assigns, and whether such contract is recorded or not The lien of such assessments shall be super for
to any homestead exemption or other exemption as is row or may hereafter be provided by Colorado
or Federal law. The acceptance of a deed to land subject to this Declaration shall constitute wai .er
of the homestead and any other exemption as against said assessment lien. Sale or transfer of any I of
shall not affect the liens for said charges except that sale or transfer of any Lot pursuant to mort,;».,e
foreclosure or any proceeding in lieu thereof, including a deed in lieu of foreclosure or cancellat on
or forfeiture of an executory land sales contract snail extingui)h the lien of such charges is to
payments which became due prior to such sale, transfer, cancellation or forfeiture c executory land
sales contract. No sale, transfer, cancellation or forfeiture of executory land sales contract <I all
relieve such Lot from liability for any such charges thereafter becoming due or from the lien the-e if
provided, however, that in the event of foreclosure oft First Mortgage or the taking of a deed in I eu
thereof such First Mortgagee shall not be liable for unpaid assessments or other charges which acc ue
10
prior to the acquisition of title to the Lot in question by such First Mortgagee except to the extent
C.R.S. §38-33.3-316 grams a superior priority to liens of the Association in relationship to a first
mortgage.
Section 4 - General Assessments.
(a) Purpose. The General Assessment shall be used exclusively to promote the
welfare of the Members and in particular to improve, maintain and operate the Common
Areas and facilities and to maintain any Lot, including funding of an adequate reserve fund
for maintenance, repair and/or replacement of those elements of the Common Areas that :mist
be replaced on a periodic basis, and to pay annual insurance costs necessary tc :he
Association, all tax liabilities assessed by any federal, state or local tax authority relating, to
the common areas, as well as any professional lees incurred by the Association. Each Owner_
including the Declarant, shall have the obligation to pay the General Assessment for cad- I of
owned within the Association
(b) Basis for Assessment. For General Assessment purposes al Lots which are
or have been occupied shall be assessed at One Hundred Percent (100%) of the General
Assessment rate
(c) Estimate of Monthly Assessments. It is anticipated by the Declarant that he
initial monthly assessment shall be estimated to be between Fifty and no/I00 Dollars (550 00)
and Ninety-Five and no/100 Dollars ($95.00) per month based upon budget projections of he
Declarant. After the initial year of operation of the Association, assessments may be modified
in accordance with the provisions of this Article V. regarding covenants for assessments
(d) Method of Assessment. By vote of a matority of the Executive Board. the
Board shall fix the General Assessment at an amount not in excess of the current maximal]
assessment, provided, however, that the General Assessment shall he sufficient to meet the
obligations imposed by the Declaration. In the event the Board fails to fix an Assessment for
any fiscal year, then each Assessment established for the prior year shall automatically he
continued until such time as the Board acts.
(e) Date of Commencement of General Assessments. All General Assessments
shall be either an unimproved lot assessment or an improved lot assessment The unintpnn ed
lot assessment shall commence on the first day of the month following the recording of':he
subdivision plat by the Developer/Declarant The improved lot assessment shall commerce
on the first day of the month following the issuance of a Certificate of Occupancy •vo_ a
residential dwelling on the Lot by Weld County
Section 5 - Budget Process To determine the amount required to be raised by General
Assessments for any fiscal year, the Executive Board shall prepare an Annual Budget for such fiscal
year showing, in reasonable detail, the various matters proposed to he covered by the Budget. !he
II
estimated costs and expenses which will be payable, and the estimated income and the fonds which
will be available in that fiscal year, and the estimated total amount of money required to he raisee by
the General Assessment to cover such costs and expenses and to provide a reasonable reserve. The
total amount of money required to be raised by the General Assessment for such fiscal year shal be
the amount as determined by the Board necessary to satisfy the costs and expenses of fulfilling such
functions and obligations of the Association in the coming fiscal year, including the payment of debts
from prior fiscal years, providing reasonable reserves. and providing a reasonable carry-over reserve
for the following fiscal year Within thirty (30) days after adoption of any proposed budget for the
common interest community, the Executive Board shall mail, by ordinary first-class mail, or otherwise
deliver a summary of the budget to all the Lot Owners and shall set a date for a meeting of the Lot
Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty 00)
days after mailing or other delivery of the summar✓. Unless at that meeting a majority of all !got
Owners present at the meeting, in person or by proxy, rejects the budget, the budget is ratified,
whether or not a quorum is present_ In the event the proposed budget is rejected, the periodic budget
last ratified by the Lot Owners must be continued until such time as the Lot Owners raid v a
subsequent budget proposed by the Executive Board
Section 6 - Special Assessments Special Assessments may be made for the purposes of
raising funds for capital improvements and for any other Association purpose for which General
Assessments may not or have not been made Whether to make a Special Assessment and the amount
thereof per Lot shall he determined by the Board; inn vided that no Special Assessment shall be v,did
unless approved by a majority vote of the Members present and eoting in person or by proxy at any
Annual Meeting of the Members of the Association or at any Special._Meeting thereof called] Cc r the
purpose of considering such Special Assessment
Section 7 - Reimbursement Assessments. The Executive Board of the Association may,
subject to the provisions hereof, levy an Assessment against any Member if(a) the willful or negligent
failure of the Member or Related User of the Member to comply with this Declaration, the Articles
of Incorporation, the Bylaws of the Association, rules and regulations adopted by the Association or
guidelines or rules adoptee by the Association Architectural Review Committee have resulted in the
expenditure of funds to cause such compliance, or (b) if a Member or a Related User of the Member
shall fail to pay any fines or penalties established in the rules and regulations of the Association for
breach of or failure to comply with this Declaration or such rules and regulations. Such Assessments
shall be known as Reimbursement Assessments The amount of the Reimbursement Assessments
shall he due and payable to the Association thirty (30) days after notice to the Member of the decision
of the Executive Board of the Association that the Assessment i< owing
Section 8 - Time for Payments. The General Assessment for each Lot shall be payable,
subject to Section 12 of this Article V, in twelve equal monthly installments due on the first day. of
each month and shall become delinquent if not paid by the tenth i 10th) day of each month. Special
and Supplementary Assessments shall be payable as provided in the resolutions authorizing the same
All installments of General, Supplementary. and Special Assessments shall be due anc, payable wi Hut
notice or demand, and all Assessments shall be paid without any setoff or diminution of any k nd
Any Assessment or installment thereof or other amount payable pursuant to this Section or under the
Articles of Incorporation or its Bylaws which is not paid when due shall bear interest from the
delinquency date until paid at the maximum rate permitted by law for interest as provided in Colorado
Revised Statutes §38-33.3-315(?) or any subsequent amendment thereto or such lesser rate a.s the
Board shall determine and/or may he subject to a late charge as may be set and uniformly applies by
the Board. All payments on account shall be first applied to interest and late charges and then to the
Assessment payment due
Section 9 - Lien for Assessments and Other Amounts. The Association shall have a lien
against each Lot to secure payment of any Assessment and other amounts due and owing to the
Association with respect to that Lot which shall be created and enforced as provided in Colorado
Revised Statutes §38-33.3-3I6 or any subsequent amendment thereto.
Section 10 - Reserve Capital_ The Associaton or Declarant may require the Owner of any
Lot who purchases that Lot from Declarant to make a contribution to reserve capital equal to two
monthly general assessments currentl} being collected by the Association from its members with the
Association, which sum shall be held, by the Association as and fur reserve capital Reserve capital
shall not be used for recurring expenses in the Association but rather shall be used for extraordinary
expenses that were not anticipated by the Board Any use of reserve capital shall require the prime
approval of a majority vote of the Members present at voting in person or in proxy at ttn Annual
Meeting of the Members of the Association or at any Special Meetin&thereof called for the put nse
of considering= the use of reserve capcapital. Such deposit shall not relieve an Owner from making the
regular payment of assessments as the same become due Any amount collected, shall not he
refunded to the owner upon the sale or transfer of a Lot No Darer shall he entitled to interest on
any amount provided as working capital to the Association The provisions of this Section 10 stall
not apply to the Declarant or any successor in interest to the Declarant.
Sectionl I - Estoppel Certificate. Upon payment of a reasonable fee and upon written request
of any Owner, or First Mortgagee, or any person with any right, title or interest in a Lot or intending
to acquire any right, title or interest in a Lot, the Association shall furnish a written statement stating
forth the amount of any Assessments, if any, due or accrued and then unpaid with respect to such l.ot
and the amount of the Assessments for the current fiscal period of the Association payable with
respect to the Lot, which statement shall, with respect to the party to whom it is issued, be conchis've
against the Association, for all purposes, that no greater or other t mounts were then due or accrued
and unpaid.
Section t? - No Abatement No diminution or abatement of Assessments shall he allowed
er claimed for any reason including, without limitation, from the making of repairs or improvements
to the Common Area or from any action taken to comply with any law, ordinance or order of a
governmental authority.
Section 13 - Rights of First Mortgagees. Any First Mortgagee of a Lot within the Project
may jointly or severally pav any tax or other charge which is in default and which may have become
13
a charge or a lien against any common area of the Association, and any First Mortgagee may jointly
or severally pay any overdue premium on hazard insurance policies or secure new hazard insurance
coverage on the lapse of any such policy, upon common area of the Association, and any First
Mortgagee(s) making such payments shall be entitled to immediate reimbursement therefor ftom
Meadow Vale East Community Association.
Section 14 - Exempt Property. The following property ,ubject to this Dcclaratior shah be
exempted from the Assessments, a charge and lien created herein: (a) All properties to the extent of
any easement or other interest therein dedicated arc accepted by a public authority and devoted to
public use; (b) all Common Areas; and (c) all properties exempted from taxation by the Stan or
County Government on the terms and to the extent of such legal exemption.
ARTICLE VI
USE AND OTHER RESTRICTIONS
Section 1 - Nuisances. No nuisance shall be permitted to exist or operate upon any nroderty
so as to jeopardize property values or to be detrimental to the well being of any other Member of the
Association.
Section 2 - Restriction on Further Subdivision No Lot upon which a residential dwellina has
been constructed shall be further subdivided or separated into smaller lots by any Owner, and no
portion less than all of any such Lot, nor any easement or other interest herein shall be conveyed or
transferred by an Owner, provided that this shall no: prohibit deeds of correction, deeds to reaolve
boundary line disputes, and similar corrective instru nents.
Section 3 - Single-Family Residences. No Lot shall be used for any other purpose other than
as a single-family residence, and no business or commercial activity shall be carried on or within the
Project other than those home occupations defined as such in the Weld County Zoning Code
Section 4 - Common Area Restriction. All use and occupancy of the Common Areas Nit,it hin
the subdivision shall be subject to and governed by the Rules and Regulations adopted by the
Association. No damage or waste shall be committed to the Common Areas or Improvements
located thereon
Section 5 - No Imperiling of Insurance. Nothing shall be done or kept in or on any portion
of the Project which might result in an increase in the premiums with respect to insurance obtained
for all or any portion of the Project or which might cause cancellation of such insurance except oith
the prior written consent of the Association.
Section 6 - No Violation of Law. Nothing shall be done or kept in or on any portion of the
Project which would be in violation of any Statute, Rule, Ordinance, Regulations, Permit or validly
imposed requirement of any governmental body.
14
Section 7 - Appearance. All Lots shall be kept in a clean, safe and attractive condition, and
no rubbish, refuse or garbage shall be allowed to accumulate.
Section 8 - Restrictions on Signs. No signs or advertising devices of any nature shall be
erected or maintained on any part of the Project (including, without limitation, any Lot) without the
prior written approval of the Architectural Review Board of the Association
Section 9 - Conditions for Architectural Control. No improvements, alterations, repairs,
change of paint colors, excavations, changes in grade or other work which in any way alters the
exterior of any Lot, Living Unit, Common Area or the improvements located thereon from their
natural or improved state existing on the date such property was first subject to this Declaration shall
be made or done without compliance with the procedures set forth in Article IX of this Declarati,m
regarding Architectural control.
Section 10 - Rules and Regulations. Every Owner or guests or members of the Tamil}_ or
Related User, and employees shall strictly adhere to the Rules and Regulations adopted from time to
time by the Association The Board may adopt general rules, including but not limited to. rules to
regulate potential problems relating to the use of the property and the well-being of the membe s,
such as keeping of animals storage items and the use of all vehicles, storage and use of machincr y,
use of outdoor drying lines. antennas, signs, trash, trash containers, maintenance and removcI )f
vegetation on the properties
Section I. 1 - Restrictions on Parking and Storage. Except as expressly heretofore provided,
no Lot, including the private drives, or parking areas, unless specifically designated by the Association
therefor, shall be used as a parking, storage, display or accommodation area for arty type of house
trailer, camping trailer, boa- trailer, hauling trailer, running gear, boat or accessories thereto, trucks
with greater than a one (I) ton cargo capacity, self-contained motorized recreational vehicle except
as a temporary expedience for loading, delivery or emergency. No more than three (31 vehicles of
any type shall parked on any driveway at any time for a period which shall not exceed seventy-0.0
(72) hours Any vehicle parked on a private drive or parking area shall only allow parking of vehicles
which are in good repair and in operable condition. No abandoned or inoperable vehicle (which sh dl
be defined to mean any vehicle which has not been driven under its own propulsion for a perio tl of
two (2) weeks or longer) shall he stored any where on a Lot, a private drive, or parking area
specifically designated as such by the Association. This restriction, however, shall not restrict snrt.11,
single axel utility trailers or commercial vehicles which are necessary for the construction of
residential dwellings, or landscaping at Lots upon which a residential dwelling has been built This
restriction, however, shall not prevent Owners of Lots from allowing guest's vehicles to pail m
private drives or approved parking areas of a Lot fix periods which do not exceed seventy-two r 7 2)
hours Owners may also allow guests with self contained motorized recreational vehicles to park in
a private drive for a period of fourteen i 14) consecutive days without prior approval of the Executive
Board of the Association. Any self contained motorized recreational vehicle shall not continre to he
parked on a private drive or designated parking area for a period of longer than fourteen t 14) days
without having received written approval of the Executive Board prior to the parking of the ',eh cle_
15
The Executive Board shall also have the ability to grant waivers of these restrictions set forth in
Section 11 upon application to the Executive Board if circumstances warrant a waiver fom he
restrictions set forth herein.
Section 12 - Animals Within Project. No animals other than domestic dogs and cats shall be
kept or harbored within the Project. No more than two (2) dogs or two (2) cats shall be kept or
harbored on any Lot within the Project. It shall be the responsibility of each Owner to maintain any
Lot or common area used in any manner by the owner's dog or cat to void, any noise, odor, or
nuisance to any other Owner within the Association. The Executive Board of the Association in.iy,
at any time, create rules and regulations regarding the keeping of animals within the subdivision, and
all Owners shall be subject to this covenant which requires that the Owners comply with the terns
and conditions of those Hiles and regulations regarding animals within the Project. Any rules and
regulations regarding animals shall be established in accordance with the Bylaws of the Association.
Any exterior fencing or other device to control the movement ofany dog or cat on a Lot shall be
subject to the provisions of this Declaration regarding Architectural Control and approval prior to
the installation of fencing or other device. No animal shall be kept within the Project for any
commercial purpose.
Section 13 - Control of Antennas and Receiving Equipment As of the date of recording the
Declarant can not represent that cable television service will be provided to the subdivision. Exterior
television receiving or transmitting devices of any type including receiving or transmission equipment
for microwave transmissions and any radio receiving or transmitting devices of any type arc expressly
prohibited unless approved in writing by the Architectural Review Committee of the Associaiir'n.
The provisions of this Section shall not apply to any microwave equipment for the receiving of
microwave transmissions, in the event such equipment is subject to rules and regu',ations issued by
the Federal Communication Commission which preempts the ability of the Executive Board to cons i of
the placement of such equipment. To the fullest extent possible the Executive Board shall have the
ability to designate the location of any antenna or receiving equipment which is approved for use
within the Project.
Section 14 - Underground Electric Lines. All electric, television, radio, telephone line
installations and connections from any property line of a Lot to a Living Unit or other structures shall
be placed underground, except that during the construction of a Living Unit, the contractor or builder
may install a temporary overhead utility line which shall be promptly removed upon completion of
construction.
Section 15 - No Hazardous Activities. No activities shall be conducted on the project and >n
improvements constructed on the project which are or might be unsafe or hazardous to any pe-son
or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon
any of the Project and no open tires shall be lighted or permitted on the Project except in a contained
barbecue unit while attended and in use for cooking purposes of within a safe and wel',-dcsigned
interior fireplace
16
Section 16 - No Annoying Light, Sound or Odors. No light shall be emitted from any Lot
which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on an Lot
which is unreasonably loud or annoying; and no odor shall be emitted on any Lot which is noxious
or offensive to others.
Section 17 - Garbace and Refuse Disposal. No garbage, refuse, rubbish or cuttings shall be
deposited on any street or Lot unless placed in a container suitably located solely for the purpose of
garbage pickup All equipment for the storage or disposal of such materials shall be kept in clear and
sanitary condition.
Section 18 - Repair_ No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting or servicing of any kind of vehicles, trailers or boats may be performed on any
Lot unless it is done within completely enclosed structures located in the Living Unit which semen
the sight and sound of the activity from the street and from adjoining property nor shall any such
activity be performed on the Common Area. The foregoing restriction shall not be deemed to prevant
washing and polishing of any motor vehicle, boat, trailer or motor-driven cycle, together with th rse
activities normally incident and necessary to such washing and polishing
Section 19 - Storage No tanks for the storage ofgas, fief, oil or other materials sh2.II be
erected, placed or permitted above or below the sur'ace of the Lot.
Section 20 - Trash Burnirng_ Trash, leaves and other similar materials shall not he burned
within the Project.
Section 21 - Owner's Obligation Upon Resale of Lot. The deed or instrument transferring t:tle
to any Lot shall contain a provision incorporating by reference the covenants and restrictions set -orth
in this Declaration, as well as any applicable Supplementary Declarations
Section 22 - Weed Control Each Lot Owne shall be responsible for weec control on each
Lot owned by that Owner. The Association shall enfo ce a weed height standard which requires that
weeds shall not exceed twelve inches in height Should a Lot Owner allow weeds to exceed t \erve
inches in height, the Association may, out shall not be 'equired, to give the Lot Owner written ft)tice
of its intent to mow the weeds and should the Lot Owner not mow the weeds within seven days of°er
receiving said notice, or should the Association deem it necessary for immediate maintenance to
occur, the Association may employ agents to perform the weed maintenance, pay for the cost of that
maintenance, and then recover it from the Lot Owner in the bran of a reimbursement assessme•it as
described in Article V. Section 8 of these covenants
Section 23 - Possible Mandatory Interior Fire Sprinkling Systems Requirec The Declar.rnt
has been informed by the Mountain View Fire Protection District that if the floor area of a residential
home exceeds 6200 square feet, that the fire protection district will require a mandatory interio: lire
protection sprinkling system to be installed in that residence. The district definition of"door crca'
includes the total area of al: floors of the residence within the exterior walls, and under the horiaoaal
17
over hang of the roof of each residence, whether finished or not, and expressly includes any garage
attached to the residence. Each lot owner who constructs a residence in excess of 6200 square feet
shall be required to comply with the fire protection standards of the Mountain View Fire Protection
District as those standards exist on the date of the recording of this Declaration, or as those standards
are subsequently amended after the recording of this Declaration
Section 24 - Covenants Run with Land. It is expressly understood and agreed that all
covenants, conditions and restrictions contained herein are intended to and shall run with the land,
and Declarant hereby agrees, for itself and its successors and assigns, that such covenants, ind'vidu.rlly
and collectively, touch and concern the land and shall be binding, fully and in all respects, al]on
Declarant's successors in title to the land, regardless o'how succession of title may be accomplished
ARTICLE VII
INSURANCE
Section I - Insurance All insurance, other than title insurance, carried in connection with the
Common Area, Lots, Living Units, Improvements and Project shall be governed by the provisions
of this Article VII.
Section 2 - Insurance Requirements Generally, The Association shall obtain and maintain in
fall force and effect at all times certain casualty, liability and other insurance as hereinafter provided
All such insurance shall be obtained, to the extent possible, from responsible companies duly
authorized and licensed to do insurance business in he State of Colorado.
To the extent possible, the casualty, property and liability insurance shall: (I) provide for a
waiver of subrogation by the insurer as to claims against the Association, its directors, officers,
employees, agents and members, (ii) provide that the insurance cannot be canceled, invalidated or
suspended on account of the conduct of the Association, its officers directors, employees and age'its,
(iii) provide that the policy of insurance shall not be terminated, canceled or substantially modified
without at least thirty (30) days' prior written nonce to the Association, and (iv) provide to a
standard Mortgagee's Clause in favor of all First Mortgagees who have an interest within the Project
Any insurance policy may contain such deductible provisions as the Association deems
consistent with good business practice and which shall be consistent with the requirements of any
First Mortgagees. Any loss falling within the deductible portion of a policy shall he paid be the
Association, but may be recovered from the Lot Owner(s) when' the Association determines 'c be
responsible for the loss The cost and expense of all insurance obtained by the Association shal be
paid out of Association funds collected by Assessments and other wise as elsewhere provided in his
Declaration.
Section 3 - Insurance for Common Area. The Association shall maintain insurance cover ing
all insurable improvements located or constructed upon the Common Areas. The Association snail
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maintain the following types of insurance, to the extent that such insurance is reasonably avaiaule
from a carrier with a Best's Insurance Rating of Class X-B or better
(a) A policy of property insurance covering all insurable improvements located
on the Common Area, with coverage sufficient to obtain a replacement cost endor-sement
providing that any claim will be settled on a full replacement cost basis without deduction for
depreciation, and including an "Inflation Guard Endorsement" and an "Agreed Amount
Endorsement_" The Association may also purchase a "Demolition Endorsement, ' an
"Increased Cost of Construction Endorsement," a "Contingent Liability from Operation of
Building Laws Endorsement" or the equivalent and/or coverage on personal property owl ed
by the Association Such insurance as maintained by he Association pursuant to Lis
subsection shall afford protection against at least the following:
(I) loss or damage by fire and other hazards covered by the standard all
risk form, and
(2) such other risks as shall customarily be covered with respect to
projects similar in construction, locat!on and use.
(b) A comprehensive policy of public liability insurance covering all of the
Common Areas insuring the Association in an amount not less than $1,000,000 covering
bodily irjury, personal injury and property damage liability arising out of a single occurren,.e,
such coverage to include protection against liability for non-owned and hired automobile and,
if applicable, garagekeeper's liability, water damage liability, contractual liability, wo-kmen's
compensation insurance for employees of tie Association and such other risks as shall
customarily be covered with respect to projects similar in construction, location and use
All policies of insurance in this Section 3 shall contain waivers of subrogation and waivers of
any defense based on invalidity arising from any acts of a Member of the Association and shall
provide that the policies may not be canceled or substantially moclifled without at least fin (_0)
days' prior written notice to the insured, as well as to the Firs: Mortgagees of Lots who have
requested notice of cancellation or modification from the Association. Duplicate onginas ct. all
policies and renewals thereof together with proof of payment of pi emiums, shall be delivered to any
First Mortgagee of any Lot upon written request. The insurance shall be carried in blanket tans
naming the Association, as the insured, as trustee and attorney in fact for all Owners. and
respective First Mortgagees and each Owner shall be an insured person under such policies yEth
respect to liabil'.ty arising out of any such Owner's membership in the Association.
Section 4 - Insurance on Dwellings. Each Owner of a Lot shall be responsible for obtaining
general liability and property insurance for all dwellings built on each Lot owned without parucipeti m
by the Association_ Insurance coverage on the furnishings and other items of personal prope ty
belonging to an Owner shall be the Owner's responsibility as well
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Section 5 - Association Insurance as Primary Coverage. If at the time of any loss under any
policy which is in the name of the Association, there is other insurance in the name of any Owner and
such Owner's policy covers the same property or loss, or any portion thereof, which is covered by
such Association policy, such Association policy shall be primary insurance not contributing with any
other insurance.
Section 6 - Workmen's Compensation and Employer's Liability Insurance. The Association
may obtain and maintain workman's compensation and employer's liability ins ranee as ma} be
necessary to comply with applicable laws.
Section 7 - Notice of Loss to First Mortgauees. Provided that a First Mortgagee his in
writing, requested the following information and has furnished the Association with the addres. to
which said First Mortgagee wants the information sent, then in the event there shall be any damage
to or destruction of the Common Area which thall be in excess of Ten Thousand Dofars
(510,000.00), timely wraten notice of any such damage or destruction shall be given b; the
Association to such First Mortgagee
Section 3 - Annual Review of Insurance Policies. All insurance policies canned b.- the
Association shall be reviewed at least annually by the Executive Board of the Association to ascertain
that the coverage provided by such policies adequately covers those risks insured by the Association
Section 9 - Distribution of Insurance Proceeds by the Association. In the event the
Association is required to distribute any insurance proceeds directly to an Owner for losses to
property, any such distribution shall be made jointly payable to the Owner and any First Mortgagee
of record, as defined in this Declaration.
Section 10 - Other Insurance The Association may obtain insurance coverage against such
additional risks as it shall determine to be appropriate.
ARTICLE VIII
VARIOUS RIGHTS AND EASEMENTS
Section I - Association Easements. Declarant hereby expressly creates and reserves fcr the
benefit of the Association, its designees, successors and assigns, the following easements:
(a) Easements Over Lots for Maintenance ofCommon Area. Easements over and
across Lots as may be necessary or appropriate for the Association to perform duties and
functions which it is obligated or permitted to perform under this Declaration. includinghe
use. enjoyment, maintenance, repair, and replacement of any portion of Common Area or
Improvements thereon, and for access, ingress and egress necessary for such use, enjoys arnt.
maintenance, repair and replacement
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(b) Easements for Maintenance of Private irrigation Systems Easements over and
across those Lots and Common Areas upon which the Declarant installs or constructs
irrigation lines for the delivery of nonpotable water for irrigation to each Lot shall exist with
a width which is ten feet ( 10') from the centerline of any such water line installed by the
Declarant for the original installation, construction, operation, maintenance, repair and
replacement of those water lines and for access, ingress and egress necessary for ary of the
acts named in this subparagraph (c).
Section 2 - Easements Deemed Appurtenant. The easements and rights hereinabove created
shall be binding, upon and inure to the benefit of the Association or each Lot in the Project and the
Owner of each such Lot, as the case may be, and all conveyances of and other instruments affecting
title to any such Lot or Common Area shall be deemed to grant and reserve the easements and r ghts
as are provided for herein, even though no specific reference to such easements appears in any such
conveyance.
Section 3 - Emergency Access Easement. An easement and right-of-way for ingress, egress
and access for service and emergency vehicles is hereby granted to all police, fire prctectirin,
ambulance and all other similar emergency agencies or persons eve-, across, on and through am and
all Common Areas hereafter established in the Project.
Section 4 - Title to Common Area. Title to the Common Area shall be conveyed to the
Association by the Developer_ free and clear of financial encumbrances, prior to conveyance of the
first Lot to an Owner who is not the Developer.
ARTICLE IX
ARCHITECTURAL REVIEW
Section I - Membership and Activation of the Association Architectural Review Committee.
The initial Architectural Review Committee and the membership of thereto shall be the Executive
Board of the Association. The Committee shall begin to function at such time as the construction
period exception defined in Section 24 of this Article IX has been concluded by the construction of
all Living Units which can be built within the Project.
Section 2 - Improvement to Property Defined. "Improvement to Property," requiring
approval of the Association Architectural Review Committee, shall mean and include, without
limitation_ (a) the construction, installation, erection or expansion of any building, structure or other
Improvements, including utility facilities; (b) the demolition or destruction, by volmitary action, of
any building, structure or other Improvements, (c) the grading, excavation, tilling or similar
disturbance to the surface of the land including, without limitation, change of grade, change of ground
level, change of drainage pattern or change of stream bed; (d) landscaping, planting, clearing or
removing of trees, shrubs, grass or plants; and (e) any change or alteration of any previously appro\ed
Improvement to Property including any change of exterior appearance, color or texture
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Section 3 - Approval of Improvements Required. After the activation of the Association
Architectural Review Committee, the approval of the Association Architectural Review Committee
shall be required for any Improvement to Property on any lot within the project, except for any
Improvement to Property made by Declarant and except as prior approval may be waived or certain
Improvements to Properly may be exempted in writing or under written guidelines or rules
promulgated by the Association Architectural Review Committee because approval in such case or
cases is not reasonably required to carry out the purposes of this Declaration.
Section 4 - Committee Guidelines or Rules. The Association Architectural Review
Committee may issue guidelines or rules relating to the procedures, materials to be submitted and
additional factors which will be taken into consideration in connection with the approval of any
proposed Improvement to Property Such guidelines or rules may specify circumstances under which
the strict application of limitations or restrictions under this Declaration will be waived or deemed
waived in whole or in part because strict application of such limitations or restrictions would he
unreasonable or unduly harsh under the circumstances. Such guidelines or rules may waive the
requirement for approval of certain Improvements to property or exempt certain Improvements 0
Property from the requirement for approval, if such approval is not reasonably required to carry out
the purposes of this Declaration Such guidelines or rules may elaborate or expand upon the
provisions herein relating to procedures and criteria for approval_ Such guidelines or rules nay
specify rules and restrictions pertaining to the construction of Improvements to property, includir g,
for example, the storage of construction materials and hours of construction operations Su:h
guidelines or rules shall have the same force and etTect as if they were set forth in and were a part of
this Declaration
Section 5 - Submission of Plans Prior to commencement of work to accompl,sh any
proposed Improvement to property, the Owner or its duly authorized representative proposing to
make such Improvement to propert} ("Applicant") shall submit to the Association Architectural
Review Committee at its offices such descriptions, surveys, plot plans, drainage plans. elevati ui
drawings, construction plans, landscape plans, specifications and samples of materials and colors as
the Association Architectural Review Committee shall reasonably request showing the nature, kind,
shape, height, width, color, materials, and locatior of the proposed Improvement to Property
("Plans") The Association Architectural Review Committee may require submission of additional
Plans or other information prior to approving or disapproving the proposed Improvement to
Property. Until receipt by the Association Architectural Review Committee of all required mate-ials
in connection with the proposed Improvement to Property, the Association Architectural Review
Committee may postpone review of any materials submitted for approval In addition to submissi rn
of the improvements the Owner, Builder, and Architectural Review Committee shall meet on the L t
upon which any proposed improvement is to be made and shall review staking placed on that Lot •wy
the Owner or Builder which outlines the improvement, whether it is a residence or ancillary
improvement so that a determination can be made by the Architectural Review Committee regarding
preservation of site views for adjoining Lots to the one being improved.
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Section 6 - Criteria for Approval. The Association Architectural Review Committee shall
approve any proposed Improvement to Property only if it deems in its reasonable discretion that the
Improvement to Property in the location indicated will not be detrimental to the appearance of the
project in the vicinity of the proposed Improvement to Property; that the appearance of the proposed
Improvement to Property will be in harmony with the surrounding areas of the project that the
Improvement to Property will not interfere or alter the site views established by the Declarant with
respect to building envelopes for any Lot within the Project; and that the upkeep and ma.inten€nce
of the proposed Improvement to Property will not become a burden on the Association. Pie
Association Architectural Review Committee may condition its approval of any proposed
Improvement to Property upon the making of such changes therein as the Association Archnectur al
Review Committee may deem appropriate.
Section 7 - Architectural Review Fee. The Association Architectural Review Committee may,
in its guidelines or rules, provide for the payment of a fee to accompany each request for approval
of any proposed Improvement to Property The Association Architectural Review Committee may
provide that the amount of such fee shall be uniform for similar types of any proposed Improvement
to Property or that the fee shall be determine in any other reasonable manner, such as based upon the
estimated cost of the proposed Improvement to Property.
Section S - Decision of Committee The decision of the Association Architectural Review
Committee shall be made within thirty (30) days after receipt by the Association Architectural Review
Committee of all materials required by the Association Architectural Review Committee unless such
time period is extended by mutual agreement_ The decision shall be in writing and, if the decision is
not to approve a proposed Improvement to Property, the reasons therefor shall be stated_ fie
decision of the Association Architectural Review Committee shall be promptly transmitted to the
Applicant at the address furnished by the Applicant to the Association Architectural Review
Committee
Section 9 - Failure of Committee to Act on Plans. Any request for approval of a proposed
Improvement to Property shall be deemed approved, unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the Association Architectural Review
Committee within thirty (30) days after the date of receipt by the ,Association Architectural Review
Committee of all required materials including, in the case of Initial Improvements, final working
drawings
Section 10 - Obtaining Governmental Approvals. Applicant shall chtain, prior to
commencement of construction of any Improvements to Property all permits, licenses, certificates,
consents and any other approvals necessary or required pursuant to any law, ordinance, resolution,
order, rule or regulation of any governmental authority having jurisdiction ("Governmental
Approvals") in order for Applicant to construct, operate and maintain the Improvements to Properry.
The Governmental Approvals shall be deemed to include, but not he limited to, building approv ils
by Weld County, Colorado
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Section 11 - Prosecution of Work After Approval. After approval of any proposed
Improvement to Property, the proposed Improvement to Property shall be accomplished as promptly
and diligently as possible in complete conformity with the description of the proposed Improvement
of Property, any materials submitted to the Association Architectural Review Committee in
connection with the proposed Improvement to Property, any conditions imposed by the Associat ion
Architectural Review Committee and in compliance with the .onditions and restrictions o his
Declaration.
Section 12 - Notice of Completion. Upon completion of any Improvement of Propert}, the
Applicant may give written Notice of Completion to the Association Architectural Review
Committee. Until the date of receipt of such a Notice of Completion, the Association Architectural
Review Committee shall not be deemed to have notice of completion of such Initial Improvements
or Improvement to Property
Section 13 - Inspection of Work. The Committee or its duly authorized representative shall
have the right to inspect any Improvement to Property or the Property itself prior to, during or after
completion of any improvement to the Property. The Committee's right of inspection of
improvements shall terminate thirty (30) days after the work or improvement shall have been
completed and the respective Owners shall have given written notice to the Committee of sr.tch
completion. The Committee's right to inspection shall not be terminated pursuant to this Section in
the event plans for the construction of improvements or modification of improvements have not been
previously submitted to it by the Applicant/Owner. If, as a result of any inspection, the Commie tee
finds that such improvement has been initiated without obtaining approval of the plans therefore or
is not being constructed in substantial compliance with the plans approved by the Committee, the
Committee shall have the right to initiate a civil action seeking injunctive relief against the Owrer of
the Property and any contractor or subcontractor who is completing the improvements win h )ut
compliance with the Architectural Control provisions of this Declaration. Should the Committee be
successful in obtaining injunctive relief against the Owner, 'any contractor or subcontractor nvol.'ed
in construction of improvements, the Committee shall be entitled to receive from the Owner all _ fists
of the action, including reasonable attorney's fees. It is the intent of this Section to giv: the
Committee the ability to prevent any construction within the subdivision of any type of improvement
that has not been previously approved by the Architectural Review Committee
Section 14 - Notice of Noncompliance. lf, as a result of inspections or otherwise, the
Association Architectural Review Committee finds that any Improvement to property has been dine
without obtaining the approval of the Association Architectural Review Committee, or was not done
in substantial compliance with the approved Plans or other materials furnished to, and any conditi,ms
imposed by, the Association Architectural Review Committee, or has not been accomplished as
promptly and diligently as possible, then the Association Architectural Review Committee shall notify
the Applicant in writing of the noncompliance, which notice shall be given, in any event, within r h!rty
(30) days after the Association Architectural Review Committee receives a Notice of Completion
from the Applicant. The notice shall specify the particulars of the noncompliance and shall require
the Applicant to take such action as may he necessary to remedy the noncompliance
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Section 15 - Failure of Committee to Act After Completion If, for any reason other than the
Applicant's act or neglect., the Association Architectural Review Committee fails to notify the
Applicant of any noncompliance within thirty (30) days after receipt by the Association Architectural
Review Committee of written Notice of Completion from the Applicant, the Improvement to
Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as
of the date of the Notice of Completion.
Section 16 - Correction of Noncompliance. If the Executive Board of the Association
determines that a noncompliance exists, the Applicant shall remedy or remove the same within a
period of not more than forty-five (45) days from the date of receipt by the Applicant of the nihng
of the Executive Board of the Association. If the Applicant does not comply with the Executive
Board of the Association ruling within such period the Executive Board, may, at its option, record
a Notice of Noncompliance against the real property on which the noncompliance exists, may reru've
the noncomplying Initial Improvements or other Improvement to Property or may otherwise remedy
the noncompliance, and the Applicant shall reimburse the Association, upon demand for all expenses
incurred in connection therewith If such expenses are not promptly repaid by the Applicant he
Executive Board of the Association may levy a Reimbursement Assessment against the Owner of the
Lot for such costs and expenses. The right of the Association to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the Association may hate
at law, in equity, or under this Declaration.
Section 17 - No Implied Waiver or Estoppel. No action or failure to act by the Ass'aciat,on
Architectural Review Committee or the Association shall constitute a waiver or estoppel with respect
to future action by the Association Architectural Review Committee with respect to any Improvement
to Property Specifically, the approval by the Association Architectural Review Committee of any
Improvement to Property shall not he deemed a waiver of any right or an estoppel to withhold
approval or consent for any similar Improvement to property or any similar proposals, plans,
specifications or other materials submitted with respect to any other Improvement to Property
Section 18 - Committee Power to Grant Variances. The Association Architectural Review
Committee may authorize variances from compliance with any of the provisions of this Declaration
for property in the project when circumstances such as, but not limited to, topography, natural
obstructions, hardship, aesthetic or environmental considerations may require Suc 1 variances m.rst
be evidenced in writing and shall become effective when signed by at least a majority of the nieirbm-s
of the Executive Board or a majority of the members of the Association Arch tectural Re.iow
Committee. If any' such variance is granted, no violation of the provisions of this Declaration for
property in the project shall be deemed to have occurred with respect to the matter for waich the
variance was granted; provided, however, that the granting of a variance shall not operate to wave
any of the provisions of this Declaration for property in the project for any purpose except as to the
particular property and particular provisions covered by the vat Lance, nor shall the grant ng of a
variance affect in any way the Owner's obligation to comply with Restrictions in any deed or le.rse
from Declarant or to comply with all governmental laws and regulations affect ng the property
concerned, including, but not limited to, development guides and zoning ordinances and setback lines
or requirements imposed by any' governmental authority having jurisdiction
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Section 19 - Compensation of Members. Members of the Association Architectural Review
Committee may receive reimbursement of out-of-pocket expenses incurred by them in the
performance of their duties hereunder as compensation for the performance of such duties if
approved by the Executive Board of the Association.
Section 20 - Meetings of Committee. The Association Architectural Review Committee shall
meet from time to time as necessary to perform its duties hereunder. The Association Architectural
Review Committee may, from time to time, by resolution in writing adopted by a majority of the
members, designate a Committee Representative (who may, but need not, be one of its members) to
take any action or perform any duties for or on behalf of the Association Architectural Review
Committee, except the granting of approval to any Improvement to Property and granting of
variances. The action of such Committee Representative within the authority of such Committee
Representative or the written consent or the vote of a majority of the members of the Association
Architectural Review Committee shall constitute action of the Association Architectural Review
Committee
Section 2 - Records of Actions. The Association Architectural Review Committee shall
report in writing to the Executive Board of the Association all final action of the Association
Architectural Review Committee and the Executive Board shall keep a permanent record of such
reported action
Section 22 - Est000el Certificates. The Association shall, upon the reasonable request of any
interested party and after confirming any necessary facts with the Association Architectural Review
Committee, furnish a certificate with respect to the approval or disapproval of any Improveinem to
Property or with respect to whether any Improvement to Property was made in compliance herewith
Any Person, without actual notice to the contrary, shall be entit,ed to rely on said certificate vith
respect to all matters set forth therein.
Section 23 - Nonliability for Committee Action. There shall be no liability imposed on the
Association Architectural Review Committee, any member of the Committee, any Committee
Representative, the Association, any member of the Executive Board of either, or Declarant for Any
loss, damage or injury arising out of or in any way connected with the performance of the duties of
the Association Architectural Review Committee unless due to tie willful misconduct or bad faith
of the party to be held liable. In reviewing any matter, the Association Architectural Review
Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to
Property be deemed approval of the Improvement to Property from the standpoint of safety, whether
structural or otherwise, or conformance with building codes or other governmental laves or
regulations.
Section 24 - Construction Period Exception. Until such time as all Living Un is are built upon
Lots within the project, all actions regarding architectural control shall be decided by the. Decl.irant
without participation by the Executive Board of the Association. The Declarant may incorporate and
utilize any or a.l of the provisions of this Article IX to arrive at its decision
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ARTICLE X
TERMINATION AND AMENDMENT OF DECLARATION
Section I - Termination. This Declaration shah continue in effect until and unless terminated
as provided in accordance with the provisions of C.R.S. §38-33 3-217 as originally enacted cr as
subsequently amended by Colorado 1 eeislature.
Section 2 - Amendment. Unless terminated as provided in Section I, each and eery
provision of this Declaration shall run with and bind the land for a term of twenty (20) years from the
date recording of this Declaration, after which time this Declaration shall be automatically exter ded
for successive periods often (10) years each except for provisions stated in Article Xii, Section 2,
which identify specific voting requirements for those actions to be authorized This Declaration ,nay
be amended during the first twenty (20) year period in accordance with the provisions of C_R S.
§38-33 3-217 as originally enacted or subsequently amended by the Colorado Legislature
ARTICLE XI
CONDEMNATION, DAMAGE OR DESTRUCTION
TO COMMON AREA
Section t - Damage or Destruction to Common Area. In the event of damage or destruction
to all or a portion of the Common Area due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct or repair the damage, shall be applied by the Association to such
reconstruction and repair If the insurance proceeds with respect to such Common Area damage or
destruction are insufficient to repair and reconstruct The damaged or destroyed Common .A-ea, the
Association shall present to the Members a notice of a special assessment for approval by the
membership as provided for in Article V, Section 7 of this Declaration. If such assessment is
approved, the Association shall le\y such assessment and proceed to make such repairs or
reconstruction. If such assessment is not approved, the insurance proceeds may be applied in
accordance with the wishes of the membership as expressed by the written consent of seventy-li ce
percent (75%) ofthe Owners other than Declarant, except that the proceeds shall not be distributed
to the Owners, unless made jointly payable to Owners and the First Mortgagees of their respective
Lots, if any. Such assessment shall be due and payable as provided by resolution of the Esecutie
Board, but not sooner than sixty (60) days after writter notice thereof The assessment prosidec 1 >r
herein shall be a debt of eaci Owner and a lien on the Lot, and ma% be enforced and collected in tie
same manner as any assessment lien provided for in this Declaration.
Section 2 - Owner-Caused Damage. It; due to the act or neglect of an Owner or a Related
User of an Owner, whether by virtue of the exercise by such Owner or Related User of any easement
or right granted to him herein or otherwise, loss or damage shall be caused to any property. including
the Common Area, and, in the case of damage to property, if such Owner does not promptly repair
and restore any such damaged property to the condition it was in prior to such damage at such
owner's sole cost and expense_ such Owner shall be thole and responsible for the same except to tyre
27
extent that such damage or loss is covered by insurance obtained by the Association and the carrier
of the insurance has waived its rights of subrogation against such Owner. The amount of such toss
or damage may be collected by the Association from such Owner as a Reimbursement Assessment
against such Owner, by legal proceedings or otherwise, and such amount shall be secured by a lien
on the Residential Lot of such Owner as provided elsewhere in this Declaration for assessment., or
other charges.
Section 3 - Condemnation Procedure. In the event proceedings are initiated by any
government or agency thereof, seeking to take by eminent domain the Common Area, any part
thereof or any interest therein, any improvement thereon, or any interest therein, with a value
(including loss of value to the balance of the Common Area and improvements thereof), as reasonably
determined by the Association in excess of$10,000, the Association shall give prompt notice thereof.
including a description of the part of or interest in the Common Area or improvement thereon sought
to be so condemned, to all First Mortgagees, Members, and to the Declarant The Association snail
have till power and authority to defend in said proceedings, but the Association stall not cote' into
proceedings, pursuant to which the Common Area or any part the'color any interest therein, or ury
improvement thereon or any part thereof or interest therein is relinquished without giving all First
Mortgagees, Members, and Declarant at least fifteen (15) days prior written notice thereof
In the event, following such proceedings, there is such a taking in condemnation or by eminent
domain of a part or all of the Common Area, the award made for such taking shall be payable to the
Association, subject to the provisions ofC.R.S. §38-33.3-107 regarding the distribution of eminent
domain awards as that section was originally enacted or is subsequently amended by the Colorado
Legislature
ARTICLE; XII
MORTGAGEE'S RIGHTS
Section t - Notice to Mortgagee. Each holder of a first deed of trust on any Lot shall, upon
written request by such holder to the Board, receive any of the following_
(a) Copies of budgets, notices of assessments, insurance certificates, or any other
notices or statements provided under this Declaration by the Association to the Owner of[he
Lot covered by the deed of trust;
(b) Any audited or unaudited financial statements or the Association within ninety
(90) days following the end of any fiscal year, which are prepared for the Associatior and
distributed to the Owners subject to the limitation that the Association shall not be required
to provide an audited financial statement to any owner or mortgagee unless the holder of the
first mortgage requests either an audited or unaudited financial statement from he
Association;
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(c) Copies of notices of meetings of the Owners and the right to be represented
at any such meetings by designated representative;
(d) Notice of the decision of the Owners or the Association to make any material
amendment to this Declaration (as defined in Federal National Mortgage Association Lending
Guide), the Bylaws, or the Articles of Incorporation of the Association;
(e) Notice of substantial damage to or destruction of any Building or Living Unit,
or any part of the Common Area;
(t) Notice of commencement of any condemnation or eminent domain
proceedings with respect to any part of the Common Area or any Lot within the Project,
(g) Notice of any default of the holder's Owner which is not cured by the Owner
within thirty (30) days after the giving of notice by the Association to the Owner of the
existence of the default;
(h) The right to examine the books and records of the Association at any
reasonable time;
(i) Notice of any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association.
Section 2 - Actions Requiring Member Approval. Notwithstanding anything to the contrary
set forth in this Declaration, the Association shall not.
(a) unless it has obtained the prior written consent of at least fifty-one percent
(51%) of all Members:
(I) by act or omission, change, waive, or abandon any scheme of
architectural control, or enforcement thereof, as set forth in this Declaration,
regarding the design or maintenance of the Lots, improvements thereon or the
Common Area;
(2) fail to maintain full current replacement cost fire and extended
insurance coverage on the Common Area, or
(3) use hazard insurance proceeds for Common Area property losses for
purposes other than to repair, replace, or reconstruct such property; or
(4) by act or omission, seek to abandon, partition, subdivide, encumber,
sell, or transfer any common property owned, directly or indirectly, by the Associati:m
for the benefit of the Owners (excluding the granting of easements for public utilit es
29
or other purposes consistent with the intended use of such commoi property); or
(5) effectuate any decision to terminate professional management and
assume self-management of the Properties;
(6) any change in the voting method;
(7) change the method of determining the obligations, assessments, dues,
or other charges which may be levied against an Owner;
(8) change the method of determining or the amount of reserves for
maintenance, repair and replacement of the common areas;
(9) change or alter in any respect the required insurance coverages;
(10) change the Association or owner responsibility for ,maintenance and
repair of the common area, lots, lot improvements or Living Units;
(II) Seek to expand or contract the project subject however to the Special
Declarant's right of expansion and development rights set forth within this
Declaration;
(I 2) change the boundaries of any lot;
(13) change the interests in the general common areas;
(14) alter this Declaration with respect to leasing of Living Units oP the
composition of any right of first refusal or similar restructure or the right of any I of
owner to sell, transfer, or convey a lot;
(15) alter any provision within the Declaration, Articles of incorporation,
or Bylaws which is for the express benefit of a first mortgage holder or eligible insurer
or guarantor of first mortgage of a Lot within the project.
(16) make a decision by the owner Association to establish self
management when professional management had been required previously by an
eligible mortgage holder;
(17) attempt restoration or repair of the project (after a hazard damage or
partial condemnation) in a manner other than that specified in the cocumenis;
(IS) take any action to terminate the legal status of .he project a;ter
substantial destruction or condemnation occurs;
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(19) attempt a termination for reasons other than substantial destruction or
condemnation.
ARTICLE XIII
RIGHTS RESERVED BY DECLARANT
Section I - Special Declarant Rights. Declarant hereby reserves the right from time to Hine
until the Turnover Date, to perform the acts and exercise the rights hereinafter specified (the "Special
Declarant Rights"). Declarant's Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements indicated
on Plats and Maps filed with the Declarant.
(b) Exercise of Development Rir%hts. The right to exercise any Development
Right reserved in Article XIII of this Declaration.
(c) Sales Management and Marketing The right to manna n sales offices,
management offices. signs advertising the project and models
(d) Construction Easements. The right to use easements through the Common
Elements for the purpose of making improvements within the project or within real estate
which may be added to the project
(e) Merger The right to merge or consolidate the project with another project
of the same form of ownership.
(0 Control of Association and Executive Board The right to appoint or -etrove
any officer of the Association or any Executive Board member.
(g) Amendment of Declaration. The right to amend this Declaration in connection
with the exercise of any Development Rights
(h) Amendment of M_tu The right to amend the Map in connection with the
exercise of any Development Rights.
Section 2 - Additional Reserved Rights. In addition to the Special Declarant Rights sat firth
in Section 1 above, Declarant also reserves the following additional rights (the "Add tional Reserved
Rights"):
(a) Dedications. The right to establish from time to time, by dedication or
otherwise, utility and other easements for purposes, including but not limited to. streets,
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paths, walkways, drainage, recreation areas, parking areas and conduit installation areas and
to create other reservations, exceptions and exclusions for the benefit of and to serve the Lot
Owners within the project.
(b) Use Agreements. The right to enter into, establish, execute, amend and
otherwise deal with contracts and agreements for the use, lease, repair, maintenance or
regulation of parking, which may or may not be a part of the project for the benefit of the Lot
Owners and/or the Association.
(c) QfiLer Rights. The right to exercise any Additional Reserved Right creates by
any other provision of this Declaration.
Section 3 - Rights Transferrable. Any Special Declarant Right or Additional Reserved Runt
created or reserved under this Article for the benefit of Declarant may be transferred to any Pet si to
by an instrument describing the rights transferred and recorded in Weld County Such instrument
shall be executed by the transferor Declarant and the transferee.
Section 4 - Development and Withdrawal Rig hts. Declarant expressly reserves the right to
construct additional Units, Common Elements and Limited Common Elements :The "Additional
Improvements") to subdivide Units and to convert Units into Common Element on all or any portion
of the Property reserved for future development in the Declaration or on the Map. Declarant may
exercise its Development Rights oil all or any portion of the reserved Property in whatever order of
development Declarant, in its sole discretion, determines. If all or any part of the Development
Property is submitted to this Declaration, this right to reserve property for future development shall
apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion
of the Property that is reserved for future development in the Declaration or on the Map from the
project by recording a document evidencing such withdrawal in the office of the Clerk and Recorder
of Weld County; provided, however, that no portion of the Properly may be withdrawn after a Lot
in that portion of the Property has been conveyed to a Purchaser The property withdrawn from the
project shall be subject to whatever easements, if any, are reasonably necessary for access a or
operation of the project. Declarant shall prepare and record in the office of the Clerk and Rec,n der
of Weld County whatever documents are necessary to evidence such easements
Section 5 - Amendment of the Declaration. If Declarant elects to submit the Development
Property, or any part thereof, or Additional Improvements, to this Declaration, or Lo subdivide or to
convert Units at such time as construction of the improvements on the Development Property ar the
Additional Improvements are substantially complete, Declarant shall record an amendment to this
Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each
Unit will be apportioned according to the total number of Units submitted to the Declaration The
Allocated Interests appurtenant to each Unit in the project, as expanded, shall be based on the total
number of Lots within the project, as expanded, and/or on such other information as De.clarart shall
reasonably determine is relevant to the reallocation.
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The amendment to this Declaration shall contain, at a minimum, the legal description o: the
Development Property, or a part thereof, or a description of the property on which the Additional
Improvements being submitted to this Declaration are located and a schedule of the Allocated
Interests appurtenant to the Units in the project as expanded.
Section 6 - Amendment of the Map. Declarant shall, contemporaneously with the amendment
of this Declaration, file an amendment of the Map showing the location of the Additional
Improvements constructed on the Development Property. The amendment to the Map shall
substantially conform to the requirements contained in this Declaration.
Section 7 - Interpretation Recording of amendments to this Declaration and Map in the
office of the Clerk and Recorder of Weld County shall automatically:
(a) Vest in each existing Lot Owner the reallocated Allocated Interests
appurtenant to the Lot, and
(b) Vest in each existing Mortgagee a perfected security interest in the reallocated
Allocated Interests appurtenant to the encumbered Lot.
Upon the recording of an amendment to this Declaration, the defniticns used in this
Declaration shall automatically he extended to encompass and to refer to the Propery, as expanded.
The Development Property, or any part thereof, or the Additional Improvements, shall be added to
and become a part of the Property for all purposes All conveyances of Lots after such expansion
shall be effective to transfer rights in all Common Elements as expanded, whether or not reference
is made to any amendment 10 this Declaration or the Map. Reference to this Declaration and the Map
in any instrument shall be deemed to include all amendments to this Declaration and the Map without
specific reference thereto.
Section S - Maximum Number of Lots The maximum number of Lots in the Project stall not
exceed the maximum number of Lots allowed by any governmental entity having jurisdiction ever the
Property, pursuant to any development plan for the Property. Declarant shall not be obligated to
expand the project beyond the number of Lots initially submitted to this Declaration.
Section O - Construction. The buildings, structures and types of improvements to be placed
on the Property or the Development Property or any part thereof shall be of a quality equal to the
improvements previously constructed on the property, but need not be of the same size. style or
configuration. The improvements may be located anywhere on the Property reserved for future
development or on the Development Property
Section 10 - Construction Easement. Declarant expressly reserves the right to perfxm
warranty work, repairs and construction work and to store materials in secure areas in Lots and in
Comment Elements, and the future right to control such work and repairs, and the right of access
thereto, until its completion. All work may be performed by Declarant without the consent ,)r-
3 3
approval of any Lot Owner or Mortgagee. Declarant has such an easement through the Common
Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations and
exercising Declarant's reserved rights in this Declaration. Such easement includes the light to
construct underground utility lines, pipes, wires, conduits and other facilities across the land not
designated as reserved for future development in this Declaration or on the Map fog the purpose of
furnishing utility and other services to buildings and improvements to be constructed on the p-opcity
so reserved For future development. Declarant's reserved construction easement includes the right
to grant easements to public utility companies and to convey improvements within those easements
anywhere in the Common Elements not occupied by an improvement containing Living Units.
Section 1 I - Reciprocal Easements. If all or part of the Development Property is not
submitted to this Declaration, or if property is withdrawn from the Project ("Withdrawn Property' )-
(a) The Owner(s) of the Development Property and/or Withdrawn Property shall
have whatever easements are necessary or desirable, if any, for access, utility service, repair,
maintenance and emergencies over and across the Project and
(b) The Owner(s) in the Project shall have whatever easements are necessay nr
desirable, if any, for access_ utility service, repair, maintenance and emergencies over and
across the Development Property and Withdrawn Property
Declarant shall prepare and record in the office of the Clerk and Recorder of Weld County
whatever documents are necessary to evidence such easements. Such recorded easement(s) shall
specify that the Owners of the Development Property and the Withdrawn Property and the Owners
in the Project shall be obligated to pay a proportionate share of the cost of the operation and
maintenance of any easements utilized by either one of them on the other's property open such
reasonable basis as the Declarant shall establish in the easement(s) Preparation and recordation by
Declarant of an easement pursuant to this Section shall conclusively determine the existence, locali'ui
and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section
Section 12 - Termination of Development Ries The development rights reserved by
Declarant, for itself, its successors and assigns, shall expire ten (10) years from the date of recording
this Declaration unless the development rights are (i) extended as allowed by law or (ii) reinstated
or extended by the Association, subject to whatever terms, conditions and limitations the Ex:.cuti.e
Board may M.-pose on the subsequent exercise of the development rights by Declarant Upon the
expiration or other termination of the development rights, any Lot then subject to Development
Rights shall become Common Elements.
Section 13 - Transfer of Development Rights. Any Special Declarant Right or =sdilittoi,al
Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred
to any Person by an instrument describing the rights transferred and recorded in Weld County Su-.:h
instrument shall be executed by the transferor Declarant and the t'ansferee
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ARTICLE XIV
REQUIRED ALLOCATION OF INTERESTS
Section I - Allocated Interests. The undivided interest in the common expense liability and
voting in the Association allocated to each Lot are as follows:
(a) The percentage of liability for common expenses shall be determined by using
a formula in which the numerator is I and the denominator is the total number of Lots subject
to this original Declaration or any subsequent amendment of this Declaration which are shown
on a recorded subdivision plat(s) required by Weld County and recorded with the Weld
County Clerk and Recorder; and
(b) The number of votes in the Association, on the basis of one (I) vote being
allocated to each Lot Owner, as determined by the total number of Lots that have Oeen
submitted to this original Declaration or any subsequent amendment of this Declaration which
are shown on a recorded subdivision plat required by Weld County and recorded with he
Weld County Clerk and Recorder
ARTICLE XV
GENERAL PROVISIONS
Section I - Enforcement The Association of any Owner shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association
or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed
a waiver of the right to do so thereafter
Section 2 - Severability. Invalidation of any of these covenants or restrictions by judgment
or court order shall in no way affect or limit any other provisions which shall remain in full force and
effect.
Section 3 - Claims. No claim or cause of action shall accrue in favor of any person in the
event of the invalidity of any provision of this Declaration or for failure of the Association or
Declarant to enforce any provision hereof This Section may be pleaded as a full bat to he
maintenance of any suit, action, or arbitration brought in violation of this provision.
Section 4 -Waiver. No provision contained in this Declaration shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches which may occur.
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Section 5 - Conflicts of Provisions. In case of any conflict between this Declaration, the
Articles of Incorporation or Bylaws of the Association, this Declaration shall control In case of any
conflict between the Articles of Incorporation and Bylaws of the Association, the Articles of
Incorporation shall control.
Section6 - Owners Right to Examine. Each Lot owner shall have a right to examine the
books and records of the Association at any reasonable time.
Section 7 - Registration by Owner of Mailing Address. Each Owner shall register a mailing
address with the Association, and except for monthly statements and other routine notices, all other
notices or demands intended to he served upon an Owner shall be sent by either registered or certited
mail, postage prepaid, addressed in the name of the Owner at such registered mailing adds ess til
notices, demands, or other notices intended to be served upon the Executive Board of the Associat ion
shall be sent by certified mail, postage prepaid, to the office of the Association at such address as is
identified by the Association in writing to each owner.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the d.ry of
, 2000
Declat ant
By
KATHARINE H. OLIVER
STATE OF COLORADO )
) ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this - day of
2000, by KATHARINE II. OLIVER
WITNESS my hand and official seal
Notary Public
Address: 822 7th St., 4350
Greeley, CO 80631
My Commission Ecpires: 02/02/02
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