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Home My WebLink About871256.tiff RESOLUTION RE: APPROVE FINAL PLAT FOR WILMAR SUBDIVISION - MARTIN AND WILMA OASE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Final Plat for Wilmar Subdivision, located in the Ni NE* of Section 11 , Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado, has been submitted to the Board of County Commissioners for approval in accordance with the Subdivision Regulations of Weld County, Colorado, and WHEREAS, at a public Board meeting conducted on September 23 , 1987 , the Board heard all of the testimony and statements of those present, and WHEREAS, the Board, having considered the recommendation of the Weld County Planning Commission, finds that the Final Plat for Wilmar Subdivision be approved for the following reasons : 1 . The Final Plat conforms in all major respects to the preliminary plat that was received by the Planning Commission and approved by the Board of County Commissioners. 2 . The applicant has complied with the Final Plat submission requirements : Sections 6-1 and 6-2 of the Weld County Subdivision Regulations. 3 . The Weld County Utility Coordinating Committee recommended approval of this proposal. 4 . This approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. Sµ$D. WIC niA 2 cc' L 871256 Page 2 RE: FINAL PLAT - WILMAR SUBDIVISION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Final Plat for Wilmar Subdivision be, and hereby is, approved subject to the following conditions: 1 . The 11 notes identified in the Board of County Commissioner' s Resolution dated November 19 , 1986 , shall be placed on the Final Plat prior to recording. 2 . Stormwater detention shall be designed for each individual lot and reviewed with the Site Plan Review prior to issuing a building permit. 3 . Paving of Wilmar Drive shall extend to the edge of existing County Roads 11 and 12 . This paving shall include paved roundings with radii satisfactory for truck traffic. 4 . Speed limit signs shall be placed on Wilmar Drive 100 feet from the intersection of Weld County Roads 11 and 12 , ten feet off the roadway, and a minimum height of seven feet from ground level. The sign shall identify the speed that meets the design criteria of the horizontal and vertical curves of Wilmar Drive. 5 . The construction and design of Wilmar Drive shall be in accordance with the Weld County Engineering Department' s regulations and approved by the Weld County Engineer. 6 . The acres subject to flooding shall be identified on the Final Plat prior to recording. 7 . The applicant shall submit to the Department of Planning Services a copy of the covenants approved by the County Attorney and a copy of a Road Maintenance Agreement approved by the Weld County Engineering Department. 8 . Prior to recording the Final Plat, a Subdivision Improvements Agreement and a Maintenance Agreement shall be approved by the Board of County Commissioners. 871256 • • Page 3 RE: FINAL PLAT - WILMAR SUBDIVISION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: tiny WELD COU /DO Weld County Jerk and Recorder and Clerk to the Board Go . /any> irman O't y County< v 46A-.--/C-6-) C.W Kerb, Pro-TrD putt' k Oe R. Brantner M AS TO FORM: Gene R. Brantner • C--->c7L. G�7 �c a, Jo n o � County Attorney Frank Yamaguchi 871256 • • BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-274:87:1 NAME: Martin and Wilma Oase - Wilmar Subdivision ADDRESS: 4784 Weld County Road 12, Erie, CO 80516 REQUEST: Subdivision Final Plat LEGAL DESCRIPTION: Ni NE} of Section 11, TIN, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The final plat conforms in all major respects to the preliminary plat that was received by the Planning Commission and approved by the Board of County Commissioners. 2. The applicant has complied with the final plat submission requirements: Section 6-1 and 6-2 of the Weld County Subdivision Regulations. 3. The Weld County Utility Coordinating Committee recommended approval of this proposal in a meeting on February 26, 1987. 4. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The eleven notes identified in the Board of County Commissioner's resolution dated November 19, 1986, shall be placed on the final plat prior to recording. 2. Stormwater detention shall be designed for each individual lot and reviewed with the Site Plan Review prior to issuing a building permit. 87125f 56 S-274:87: 1 Martin and Wilma 0ase Wilmar Subdivision Page 2 3. Paving of Wilmar Drive shall extend to the edge of the existing County Road 11 and 12. This paving shall include paved roundings with radii satisfactory for truck traffic. 4. Speed limit signs shall be placed on Wilmar Drive one hundred (100) feet from the intersections of Weld County Road 11 and 12, ten (10) feet off the roadway, and a minimum height of seven (7) feet from ground level. The sign shall identify the speed that meets the design criteria of the horizontal and vertical curves of Wilmar Drive. 5. The construction and design of Wilmar Drive shall be in accordance with the Weld County Engineering Department's regulations and approved by the Weld County Engineer. 6. The acres subject to flooding shall be identified on the final plat prior to recording. 7. Prior to this request being heard by the Board of County Commissioners, the applicant shall submit to the Department of Planning Services, a copy of the covenants approved by the County Attorney and a copy of a road maintenance agreement approved by the Weld County Engineering Department. 8. Prior to recording the final plat, a subdivision improvements agreement and a maintenance agreement shall be approved by the Board of County Commissioners. Motion seconded by Paulette Weaver. VOTE: For Passage Against Passage Lynn Brown Ivan Gosnell LeAnn Reid Louis Rademacher Paulette Weaver Jack Holman 871256 • • S-274:87:1 Martin and Wilma Oase Wilmer Subdivision Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 17, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 19th of March, 1987. Ze L.b.,->-. Q o o of Bobbie Good Secretary 871256 IN ENTCRT OF ITFY.S SUBMITTED FOR CONSIDERATION Case Number 5a7'7" Submitted or Prepared Prior Prior to Hearing At Hearing 1. Application_3q Pages 2. 4Application plat(s) // page(s) 3. DPS Referral Sun:nary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery (Is,ner `:ailing List v/ 6. DPS Mineral Owners Mailing List ✓ 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field rCheck ,,�p�y�p D 11. t a -08:41/O�4.S� *S4We=f '- 12. -iZ tfrhN Pai140///an/ 13. I/VW 41/4/WA° S 0intad ea I- if I La/ 10.4.1/ftWA car Dirac 15. dgefe a'// t4YS sue,/sCtPe, 16. 17. 18. 19. 20. I hereby certify that the/5- items identified herein were submitted to Department of Planning Services at or prier to the scheduled Planning Commiss: hearing. I further certify that these items were forwarded to the Clerk to r� Board's office on \'�traR/�ie /.S 1907 . urren Plann STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS \5 DAY OF ^t IN.a.yvA j 19 82 SEAL NO ARY PU C �� My Commission txglrts Feb.13, 1989 8�i .... ,-,....,.rrtnK, rvo r,rc • • Date: March 17, 1987 CASE NUMBER: S-274:87: 1 NAME: Martin and Wilma Oase - Wilmar Subdivision ADDRESS: 4784 Weld County Road 12, Erie, CO 80516 REQUEST: Subdivision Final Plat LEGAL DESCRIPTION: Ni NE} of Section 11, TIN, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The final plat conforms in all major respects to the preliminary plat that was received by the Planning Commission and approved by the Board of County Commissioners. 2. The applicant has complied with the final plat submission requirements: Section 6-1 and 6-2 of the Weld County Subdivision Regulations. 3. The Weld County Utility Coordinating Committee recommended approval of this proposal in a meeting on February 26, 1987. 4. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The eleven notes identified in the Board of County Commissioner's resolution dated November 19, 1986, shall be placed on the final plat prior to recording. 2. Stormwater detention shall be designed for each individual lot and reviewed with the Site Plan Review prior to issuing a building permit. 3. Paving of Wilmar Drive shall extend to the edge of the existing County Road 11 and 12. This paving shall include paved roundings with radii satisfactory for truck traffic. 871256 • • S-274:87:1 Martin and Wilma 0ase Wilmar Subdivision Page 2 4. Speed limit signs shall be placed on Wilmar Drive 100 feet from the intersections of Weld County Road 11 and 12, ten (10) feet off the roadway, and a minimum height of seven (7) feet from ground level. The sign shall identify the speed that meets the design criteria of the horizontal and vertical curves of Wilmar Drive. 5. The construction and design of Wilmar Drive shall be in accordance with the Weld County Engineering Department's regulations and approved by the Weld County Engineer. 6. The acres subject to flooding shall be identified on the final plat prior to recording. 7. Prior to recording the final plat, a subdivision improvements agreement and a maintenance agreement shall be approved by the Board of County Commissioners. 871256 i LAND-USE APPLICATION SUMMARY SHEET Date: March 10, 1987 CASE NUMBER: S-274:87:1 NAME: Wilmer Subdivision Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, CO 80516 REQUEST: Subdivision Final Plat LEGAL DESCRIPTION: NEI NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .75 miles west of Dacono, south of Weld County Road 12, and west of Weld County 11. SIZE OF PARCEL: 80.479 Acres t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review is listed in Section 6-3 et seq. , of the Weld County Subdivision Regulations. The Department of Planning Services Staff has received specific recommendations from the following: Longmont Fire Protection District and Central Weld Water District. Copies of these referral responses are included in this Land-Use Summary. The Department of Planning Services Staff has not received referral responses from: - Weld County Engineering Department - Tri-area Planning Commission - Colorado Geological Survey 871256 udo , �. • ••C •14 o ".tn.• . .. fF. ! C l'r..• I c 32 -. — L .. I. II 11? 14 0111• .% • ro• Lifj ' 1. l "v��I •C -'�/,.� !� / 1 °.C.. 7,5.,_`y.,•30 . •o¢.°•n• C °. n . . . - ' .Yi., C„41 I ~—Ia�'� %. ‘ •�• ° r) � , Io•lao9 °° .C '_�Fo -' i•F • • ...a,^ 1, 4'4"• ••'• 4 .. • sy� L'L,q r. L.Ld4mnL �+Axo I . .1 t I x, ..o.. r• `�.q. vv • xr.•--C-'V r• // S 28 •�—• .IL': L,.• • °•• -`'- i •? __ • ��`yM\ • aim ,I _.• 'kt Y•••ii • taagBouA I gONB5- a '` 26 F JJ) c.A re I�qec. J✓` ; °'°'" •`S rdi^ _ \ im • 9r r''-•• , 1 i �• : ems '` �� Ts 1. „.K•s z _ _ 24 . : .•, .-'_ 2,- I. " ° .� •JY � _v O _� :I • • -sicj ,.0 , 1• . }^J. •/4 OE jar 1 • 'r 1 J.'—•I• . •• 'L 'PL• u i.:r„'. ✓ :1.. 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LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 LAND USE: N Weld County Road 12, farmland, oil and gas facilities E Weld County Road 11, industrial uses S Farmground W Salvage yard ZONING: N Agricultural E Industrial-Three S Agricultural W Agricultural COMMENTS: Accesses are to Weld County Roads 12 and 11, gravel-surfaced roads. Existing businesses are as shown on. the plat. Unoccupied land on the site is irrigated pasture. Four residences are within one-fourth mile of the property. By: 11A-4-.A.- !l} 4,wv- Gloria . Dunn Curre Planner 871256 • • REFERRAL LIST APPLICANT: Martin and Wilma J. Case CASE NUMBER: S-274:87:1 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: March 4, 1987 NO SR NR NO SR NR V/ X County Attorney Improvements Agreement V X Weld County Health Dept. X Engineering Department County Extension Agent Office of Emergency Mngmt X Louis J. Rademacher Weld County Planning Commission 13184 Weld County Road 13 Longmont, CO 80501 X Tri Area Planning Commission c/o Rebecca Marker P.O. Box 363 Frederick, CO 80530 X Boulder Valley Soil Conservation District 9595 Nelson Road, Box D Longmont, CO 80501 X Longmont Fire Protection District c/o Captain William Emerson 9119 County Line Road Longmont, CO 80501 X Colorado Geological Survey c/o Lou Ladwig 1313 Sherman Street, Room 715 Demver, CO 80203 X Mr. Dale D. Olhausen, P.E. Central Weld Water District 2235 2nd. Avenue Greeley, CO 80637 NO=No Objection SR=Specific Recommendations NR=No Response 871p q 256 DE T r-orPLANNING SERV • PHONE(303)356-4000 Ex 91510615 t$41 altriA • GREELEY,COLORAD( COLORADO CASE NUMBER S 274:87:1 February 18, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase, Wilmar Subdivision, for the final plat submission. The parcel of land is described as Ni NE} of Section 11, TIN, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 miles west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by March 4, 1987, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: � III I 7O COirt 3. We have reviewed the proposal and find no conflicts with.-,our interests 5' . ,: —FC 7 .—c :!! : 4Na ( , I CO `l / ,'tN" C'2 /VST11LA_C i/(2 // 4/li) F:eN /7Jt'n1' ALe c) g I �J 4. A formal recommendation is under consideration and will be submitted to you prior to: ( 7 5. Please refer to —:::—enclosed letter. • Sighed` ..(�c✓ / ; „4—L-% Agency•vj• r 1: n -,.-w r`\ /Date: j / 871256 • DE liTMENT OF PLANNING SERV Y t ( PHONE(303)356-4000 EX t .'ti's `' J �. 915 10th; '1 39 ) GREELEY, COLORAD( Y Fa Mr y js • CASE NUMBER S-274:87:1 COLORADO February 18, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase, Wilmar Subdivision, for the final plat submission. The parcel of land is described as N} NE} of Section 11, TIN, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 miles west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by March 4, 1987, so that we may give full consideration to your recommendation. Please .call Keith A. Schuett, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. XXX Please refer to the enclosed letter. Signed: $ n� Agency: Longmont Fite Pnv R Y� s� h William R. Emendan Fine Maxdhaf IV FEB w6 1987 Date: 24 Fehauaty 1987 I1 [J Welt; Cu. Plananw .umnn 871256 `oMOMo,yT • • �itCriSq LONGMONT FIRE PROTECTION DISTRICT # lull 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 p9�TEC o David Bierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur NunFire Cmet Director Director Director Director Director 24 Febnuany 1987 Mt. Keith Schuett Weld County Depan.tment ob Planning Senv.ices 915 10th S.trseet Greeley, Colorado 80631 Reb: WILMAR Subdivision Final Plat Case Numbers S-274:87:1 Dean Mt. Schuett: We have nev.iewed all documents and plans submitted by Rocky Mountain Consultants. We bind .the public dmpnovements bon hire protection listed in Exhibit "A" o6 the .improvements agreement, and also indicated on .the Masten Utility Plan submitted by Rocky Mountain Consultants to be £n.cotnect as we did not agree on .the numbers 06 Mite hydrants on .the indicated locations. The 6oun (4) 6-ine hydrants and locations as indicated ate inadequate. Out agreement is .to review each development and detenm.ine .the 6.crse pnoteetcon nequinement6. Out agreement £4 contained .in a letters 6nom John B. Cummings, 3k. 06 Rocky Mountain Consultants addtes6ed to Wm. R. Emersson, Fine Marshal, Longmont Fine Pno.teeti.on D.is.tn.iet and dated Novembers 14, 1986. Copy o6 which .is enclosed. With .the above in mind we approve .the 'Sinai plat bon .the WILMAR Subdivision. 16 you should have any questions please contact .this ob6.ice. S ineene ly, eea William R Emerson Fine Man6hal WRE/wne Copies: Mattin and Wilma J. Oase Rocky Mountain Consultants - Mt. John B. Cummings, Jrs. Board o6 Directors Chie6 Sectetany/Attorney File (3) 871256 IIIRocky Mountain Consultants, Inc. . F i T. ..• l i ti 500 Coffman Street, Suite 107 • Longmont, CO 80501 • (303) 772-5282 I ;,; r Offices also located in Denver and Estes Park, CO • Metro line: 665.6283 L a I Esar� f November 14, 1986 Captain William R. Emerson Fire Marshal Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 RE: Wilmar Subdivision Dear Captain Emerson: This letter is a follow-up to our phone conversation today regarding your August 15, 1986 referral on the subject project. You had requested two modifications (shown below in capital letters) to the course of action as proposed in Sue Ruptash's letters of August 5, 1986, . 1. OBTAIN A LETTER OF AGREEMENT FROM LEFT HAND WATER SUPPLY COMPANY (for the temporary cross-connect) The LHWSC monthly board meeting was held Monday, November 10, 1986. They had not yet received a formal request from CWCWD to consider this request. Mr. Dale Olhausen, Manager for CWCWD has been asked to write this request and LHWSC should take it up at their December meeting. Approval of this cross-connect is tantamount to the developer's request for Phase I water supply and fire protection. Since this project is only at the Preliminary Plat stage, we request that you allow us to proceed into Final Plat stage, knowing that LHWSC will discuss it at their December meeting and that, without an agreement, the developers will not obtain Final Plat approval . You also indicated that for your approval at Final Plat stage, we would have to provide you with the engineering calculations to show sufficient volume of flow could be provided to fight a fire in the Phase I condition. 2. CONSTRUCTION OF A NEW 8-INCH DIAMETER WATER MAIN TO PROVIDE A LOOPED SERVICE, WHEN 5 LOTS HAVE BEEN DEVELOPED OR WITHIN 2 YEARS, WHICHEVER MAY OCCUR FIRST. In a letter dated July 25, 1986, Dale Olhausen stated that CWCWD will be seeking $96,000 in plant investment fees from Wilmar Subdivision. In a phone conversation with him November 10, 1986, he said that this fee would 871256 Letter to Captain William R. Emerson Page 2 of 2 cover the cost of either a 6" or an 8" main. The way your stipulation reads, the Oase's would be required to construct the water line in two years even if none of the lots have been sold. You agreed that this was not your intent and that, instead, you wanted the ability to evaluate each proposed use within the project as to its fire protection needs. The loop might be needed sooner than two years or not until later from the standpoint of the LFPD. We are in agreement to proceed on the basis of reviewing with you the fire protection need of each proposed use and when you and/or the CWCWD feel the loop is warranted, the fees will be paid by the developers. 3. Provide for the installation of fire hydrants within the subdivision and along WCR #12, number and location to be determined by L.F.P.D. hydrants shall be installed prior to any construction. To clarify "hydrants shall be installed prior to any construction" the intent is to have fire hydrants installed and in service only as each lot is sold and prior to construction on said lot. If you are in agreement with the conditions of this letter, please indicate so by signing below. Thank you for your consideration in this matter. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. tip /3 C '-.t5; ✓. . John B. Cummings, Jr., P.E. cc: Dale Olhausen, CWCWD Jim Dickey, LHWSC Martin and Wilma Oase CONCURRENCE BY: 4-5116 70 • ejeo-A- 42 WillLiam R. Emerson Date Fire Marshal Longmont Fire Protection District 871236 SURROUNDING PROPERTY OWNERS Martin and Wilma Oase S-274:87:1 Richard Cosslett, et, al. c/o Longmont National Bank 5th and Coffman Longmont, CO 80501 Roy H. and Beverly Carlson 11176 Pearl Street Northgleen, CO 80233 Cheryl Marie Leppla c/o Raleigh and Leppla 3045 Carlifornia Avenue Seattle, WA 98116 Edward and Okla Eckert c/o Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 Maybe'_le M., Mary I. , and Annie J. Wright Box 94 Erie, CO 80516 Clifford R. and Vera L. Haller 4651 Road 11 Erie, CO 80516 William N. and Ann M. Stonebraker 5401 North Federal Boulevard Denver, CO 80221 Azalea Farms 1005 Riverside Drive Fort Collins, CO 80521 Dan E. Ryan 8115 West 63rd Avenue Arvada, CO 80004 871256 • • SURROUNDING MINERAL OWNERS Martin and Wilma 0ase S-274:87:1 Champlin Petroleum Company A Delaware Corportion 640 Baseline Road Brighton, CO 80601 871256 WILMAR SUBDIVISION EROSION CONTROL PLAN The development of each lot within the Wilmar Subdivision shall conform to U.S. Soil Conservation Service Standards regarding temporary and permanent ero- sion control . The existing vegetative cover consists of dry land pasture grass. The site will remain essentially undisturbed except for the areas of Wilmar Drive and the detention pond on the northeast corner. A detailed drainage report and drainage plan are attached. Detention ponds are shown on the plan. Permanent erosion control shall consist of the following: 1. In the event that animals other than domestic pets are to be housed on any of the lots platted in the Wilmar Subdivision, they must be confined bsmeans of a fence or other comparable barriers and shall have a plan by which permanent vegetative cover shall be maintained. 2. Increased drainage runoff shall be managed through the use of on- site detention ponds as shown on the drainage plan. The increased runoff shall be diverted by borrow ditches along Wilmar Drive, detained in the ponds as shown and released at its historic rate into the existing off-site system of borrow ditches and culverts. Rip rap shall be provided at culverts as shown on the plan. 3. Grassed drainage ways along Wilmar Drive shall be seeded with Lincoln Smooth Brome at a rate of 13 lbs/acre of pure live seed between October 31 and April 30. Temporary erosion control shall be provided until that time. Side slopes shall be a maximum of 4:1. 871256 4. All other areas disturbed during construction shall be landscaped or graded and seeded to Luna Pubescent Wheatgrass between October 31 and April 30 at a ratio of 9 lbs/acre of pure live seed. Temporary erosion control shall be provided until that time. Temporary erosion control measures shall be required during construction until permanent measures can be established. These shall consist of: 1. The use of windbreaks (i .e. snow fencing) shall be used to miti- gate the erosion of the ground surface until permanent cover can be established. 2. Erosion control of disturbed areas until appropriate time to establish permanent cover shall consist of either seeding with Forage Sorgum at aerate of 10 to 15 lbs/acre pure live seed from June 1 to July 1 or mulching at a rate of 2 tons/acre of clean straw from July 1 to October 31. 3. Straw-bale dams shall be placed along drainage ways until per- manent cover is established. See drainage plan for location and description of dams. 871256 • Emp�1� T L aj Inc. • ire Eiora o iese P.O.Box 503 a (303)484-0359 GEOTECHNICAL ENGINEERING&MATERIALS TESTING 301 No.Howes • Fort Collins,Colorado 80522 II October 7, 1986 Rocky Mtn. Consultants 500 Coffman, Suite #107 Longmont, CO 80501 Attention: Mrs. Jennifer Rodriguez Re: Wilmar Subdivision Weld County, Colorado Gentlemen: Our firm has performed a total of twenty-five (25) percolation tests and twenty-one (21) exploratory borings at the above-referenced subdivision. The percolation tests were performed on June 7, August 28 and October 6, 1986. The exploratory borings were drilled to depths of eight (8) to nine (9) feet and the percolation holes were drilled to depths of two and one- half (23) feet. Percolation tests were performed in the field after a twenty- four (24) hour soak period. The purpose of this investigation was to determine the suitability of this proposed subdivision for individual septic systems. The purpose of the percolation tests on October 6, 1986 was to define areas within the confines of revised lots which are suitable for standard septic systems. Our last investigation concentrated on the west half of the subdivision where some high percolation rates were recorded in previous investigations. The total number of lots in this subdivision has been reduced from sixteen ( 16) to thirteen (13) since our original investigation to help assure meeting the Weld County requirement of no more than twenty-five percent (25%) evapotranspiration systems in new subdivisions. It is our understanding that two (2) lots in this subdivision already have standard septic systems. The soil conditions at this site consists basically of approximately six (6) inches of clayey topsoil overlying sandy silty clay with occasional layers of silty sand. Claystone or sandstone bedrock was encountered in several borings at depths ranging from six and one-half (63) to eight and one-half (83) feet below the ground surface. No subsurface groundwater was encountered at the time of our investigation to a depth of eight (8) feet. However, water levels could fluctuate on this site due to seasonal variations and irrigation demands. Please refer to the enclosed boring logs for a more accurate description of the soil conditions. lie ♦N Branch Offices I' P.O.Box 1135 P.O.Box 1744 P.O.Box 10076 Longmont,Colorado 80502 Greeley,Colorado 80632 Cheyenne,Wyoming 820 .7 (303)776-3921 (303)351-0460 (307)632-9224 Member of Consulting Engineers Council o f 801256 Rocky Mtn. Consultants October 7, 1986 Page 2 Percolation rates ranging from ten (10) to four hundred and eighty (480) minutes per inch were recorded on this site. It is our opinion that an engineered evapotranspiration septic system will be required on Lot 1 Block 1 of this subdivision. We feel that areas large enough for supporting standard septic systems can be located on the remaining lots with proper planning. An additional two (2) lots in this subdivision can use evapotranspiration septic systems and the subdivision will still meet the County regulation of no more than twenty-five percent (25%) evapotranspiration systems for new subdivisions. It is our opinion that the leachate from standard systems on this site will basically flow downward to the bedrock before flowing laterally. Due to the depth of the bedrock stratum on this site, we would not anticipate seepage problems of the leachate from septic systems at the surface, providinc no seepage beds are placed on slopes greater than eight percent (8%) . It is suggested that industry with low water usage be planned for lots where evapotranspiration systems are anticipated. Additional percolation tests will be required on each lot prior to construction for the purpose of designing septic systems. Proper planning of building and parking configurations to allow for locating leach fields in areas of permeable soil will be advantageous from a standpoint of minimizing costs of septic systems, reducing the area required for leach fields and assuring conformance with'tounty regulations. Enclosed please find our test boring location plan, log of borings, key to borings and summary of percolation tests. We are pleased to have been of service to you on this project. Please contact us if you have any questions regarding these results. Very truly yours, EMPIRE LABORATORIES, INC. $ J. pa'ia. in Edward J. Paas, P.E. Q` fo p Longmont Branch Manager c 15776 et Colorado Registration #15776 I fT ORAL* pr /pjk 871256 TEST BORING LOCATION PLAN N 1` SCALE /fr= 300' - - - - I I I I e.24 AL.'! I des • I In/9 No.5 N0.17 NO_9 NO 6 if 21.5? NO.)! ere; 5 5 Ito oS Ash 4,.25 Nab n N0.10 N0.7 5 2 I ND.16 5 5 I i fi I 9 v NO.3 " B . N No.15 No.4 (40 5 EXISTING 1 RESIbENCE poi I OUT 9UILbINGS 5 -DEEP BORING ANC* OERC. TEST NO 12 S N0.14 I • 0 I NO. I NO.Z NO. 13 IS - - -- 871256 CNTY RD. `II EMPIRE IAEORATORIES, INC. • KEY TO BORING LOGS a t.'�i' TOPSOIL IN GRAVEL / ire 1 FILL •`'•'. SAND& GRAVEL are • e i/ SILT •i SILTY SAND &GRAVEL / • CLAYEY SILT COBBLES •!• e • SANDY SILT kraSAND,GRAVEL&COBBLES rrA' CLAY WEATHERED BEDROCK w SILTY CLAY __ SILTSTONE BEDROCK SANDY CLAY CLAYSTONE BEDROCK ElSAND : : • SANDSTONE BEDROCK �•• ! SILTY SANDNEMO milli LIMESTONE •/. 4 ■5.■ PraCLAYEY SAND """ xax GRANITE IRS SANDY SILTY CLAY ■ ' SHELBY TUBESAMPLE 11 STANDARD PENETRATION DRIVE SAMPLER WATER TABLE 24 hours AFTER DRILLING C HOLE CAVED T 5/12 Indicates that 5 blows of a 140 pound hammer felling 30 Inches was required to penetrate 12 inches. 871256 EMPIRE LABORATORIES,INC. • LOG OF BORINGS S DEPTH NO. 1 NO. 2 N0i NO.4- 0 /✓ /✓ /✓/✓ /✓/✓ i✓ /y //1 5 / 7 . / 442 4 / i%a 7'; 10 .. NO. 5 NO. 6 (`I0. 7 O /✓,✓ ? , .✓/.i ,/,/ .. ; S ' / % / ' • / // , / c,1t _ , / 604, 1 � . '44t -1• 10 i- EMPIRE IADORATORIES, INC. 871256 • • LOG OF BORINGS DEPTH No. 8 NO.9 No. 1O NO. II 0 v /r/ . 4%/^ v /r/ /r // J :44 / 5 / / / /• . 17: 7.): 37/12 ' 50/6 $-- 4/12 t. 44/1 d- 10 '' No t2 NO. I3 NO. 14 No. i..5 0 r/..-i /✓ /✓/r fir / 7 // , 7 / 77 5 12 / /• / i • %•i • 10/12 7/12 /l 27/12 4- 50/8 In: 10 871256 EMPIRE LABORATORIES, INC. • LOG OF BORINGS • DEPTH NO. IG NO. 17 0 Sri✓ /✓/♦ 5 i; :///. 12/// : 50/9 t _ 13/12 1 f/ • 10 871256 EMPIRE LABORATORIES, INC. • • LOG OF BORINGS DEPTH do./0 A‘•/9 /420 .✓0.21 0 / / 5 10 50/6 4 DEPTH i✓azt A.25i %z4 ^Ars___ 0 •• / . / 5 / / / • / • • 6/12 I.•.• 50/11 1--, 10 871256 EMPIRE LABORATORIES, INC. • • • SUMMARY OF PERCOLATION TESTS Percolation Rate Boring Number Location Minutes Per Inch 6/7/86 1 Loft 8 Block 2 40 2 Lot 7 Block 1 45 3 Lot 6 Block 2 480 4 Lot 4 Block 1 480 5 Lot 4 Block 2 240 6 Lot 2 Block 2 60 7 Lot 2 Block 1 40 8/28/86 8 Lot 1 Block 1 240 9 Lot 3 Block 2 40 10 Lot 3 Block 1 52 11 .Lot 5 Block 2 90 12 Lot 7 Block 2 45 13 Lot 8 Block 1 45 14 Lot 6 Block 1 45 *15 Lot 4 Block 1 20 *16 Lot 6 Block 2 10 *17 Lot 4 Block 2 40 • • 10/6/86 *18 Lot 3 Block 1 21 *19 Lot 5 Block 2 24 *20 Lot 5 Block 2 24 *21 Lot 5 Block 2 Exploratory. Hole *22 Lot 4 Block 2 ' 20 *23 Lot 4 Block 2 30 *24 Lot 4 Block 2 30 *25 Lot 3 Block 1 20 • • *Retested in Different Area Within Lot. 871256 a' Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A • Longmont, CO 80501 • (303) 772-5282 1 Offices also located in Denver and Estes Park, CO • Metro line: 665-6283 February 2, 1987 Mr. Keith Schuett Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 RE: Wilmar Subdivision Final Plat Dear Keith: Please find enclosed our submission for the Final Plat of the Wilmar Subdivision. We have enclosed the following items: • -$300.00 Final Mat fee -Application -25 prints of the Final Plat; 5 sets of Improvement Plans -Erosion control plan -Title Commitment -Petition for inclusion in the Dacono Sanitation District -Utility service statement with all appropriate signatures -Subdivision Improvement Agreement -Monument record for benchmark and closure tapes -5 copies of Drainage report -Affidavit of interest owners (minerals and/or subsurface) -Affidavit of interest owners (surface estate) -Summary statement We have conformed to the conditions of preliminary plat approval as follows: -The Wilmar Subdivision consists of 13 lots. -Engineering studies have been performed to predetermine the location of leach fields for each lot. The Final Plat and the Master Utility Plan reflect the engineered design location of each of the leach fields. -The engineered predetermined capacity, maximum square footage and the maximum flow of the septic systems for each lot is reflected on the final plat. -The developer has provided evidence of a commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available - a copy of this agreement is attached. s71256 page two Mr. Keith Schuett -The developer has provided a petition for Inclusion to the Dacono Sanitation District - see attached. -Location of fire hydrants is shown on the Master Utility Plan. -An erosion control plan has been submitted to the Boulder Soil Conservation Service for approval - see attached copy. The only outstanding items concern the commitments from Central Weld County Water District and Left Hand Water Supply. Dale Olhausen from Central Weld has met with Left Hand concerning the cross-over valve to pro- vide fire protection. (see attached letter) An agreement is being worked out at this time. Mr. Olhausen has also indicated that he will be able to work out a commitment to serve Wilmar Subdivision with water within the next week or so. We will forward the agreements as soon as we receive them. We would request that you process our application with this information pending. We have contacted Mr. Ladwig at the Colorado Geologic Survey regarding the Final Plat review. He indicated that it was not necessary to resubmit the Final Plat for his review and pay an additional fee. He requested that a copy be sent to him to complete the information in his files. (see attached letter) We are requesting the accelerated public notice procedure for the final plat. Please review the enclosed information and contact me if you need any additional information. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. Barb Brunk dt Enclosure 8'71256 LEFT Post Office Box 210, Niwot, CO 80544-0210 NANO c.rv1• 1 curvPLVNv (303) 652-2188, Metro (303) 443-2036 December 10, 1986 Dale 0. Olhausen 2235 2nd Avenue Greeley, CO 80631 Re: Wilmar Subdivision Dear Dale: Our Board recently considered your request to increase the meter at the Road 12 / I-25 cross-tie to 6", in order to provide additional flow to the Wilmar Sub- division in times of emergency. The Board was agreeable to this proposal, but felt that a written agreement between our two companies should be signed to clarify the details of the arrangement. Our attorney, Jimmie Joe Honaker, will be contacting you on this matter. Please call if I can provide any additional assistance. Sincerely, • James M. Dickey/ General Manager tm/rr CC: Jimmie Joe Honaker ,/John Cummings, Rocky Mountain Consultants 871256 • • Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A • Longmont, CO 80501 • (303) 772-5282 ' Offices also located in Denver and Estes Park, CO • Metro line: 665-6283 February 3, 1987 Mr. L.R. Ladwig Chief Mineral Fuels Section Colorado Geological Survey 715 State Centennial Building 1313 Sherman Street Denver, CO 80203 RE: Wilmar Subdivision Dear Mr. Ladwig: As a follow up to our conversation on January 15, 1987, I am forwarding to you a copy of the Final Plat for the Wilmar Subdivision. The Lot Configuration and Septic System information have not been changed since your last review of the Preliminary Plat. Thank you for your time and consideration. Please contact me if you need any additional information. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Barb Brunk dt Enclosure 871236 • • FINAL PLAT • SUBDIVISION APPLICATION Department of Planning Services, 915 10th Street, Greeley, Colorado PHONE: 356-4000 Ext. 400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE . DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: The N1/2 of the NE1/4 of Sec. 11, TIN, R68W of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Book 283 at Page 140, Weld County records. (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED SUBDIVISION Wilmar Subdivision EXISTING ZONING I-3 PROPOSED ZONING I-3 TOTAL AREA (ACRES) 80.479 NO. OF PROPOSED LOTS 13 LOT SIZE : AVERAGE MINIMUM UTILITIES : WATER: NAME Central Weld County Water SEWER: NAME Septic Systems GAS : NAME Rocky Mountain Natural Gas PHONE: NAME Mountain Bell ELECTRIC: NAME Union REA DISTRICTS : SCHOOL: NAME Not applicable FIRE : NAME DESIGNERS ' NAME Rocky Mountain Consultants, Inc. ADDRESS 1960 Industrial Circle, Suite A Longmont, CO PHONE 772-5282 ENGINEERS' NAME Rocky Mountain Lonsultants, Inc. ADDRESS 1960 Industrial Circle, Suite A, Longmont, CO PHONE 772-5282 FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Martin Oase and Wilma J. Oase ADDRESS 4/84 Weld County Road 12, Erie, CO 80516 PHONE 654-0867 NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statement proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) Si e: Oder or Au prize9gen and Subscribed and sworn to before m is 0 day of -de. 19 SELL \‘'Aii—°011tri NOTARY PU My Commission expires : i (a -a'$l 804-79-026 871256 • COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM r , OWNER $ 61, 593 .84 $ 275 . 80 Moore Si Company MORTGAGE $ 51, 593 .84 $ 40 .00 752 17th Avenue Longmont, Colorado 80501 ADDITIONAL CHARGES $ 5 .00 Attn: Dick Bergland COST OF TAX CERTIFICATE $ L J SURVEY COSTS $ TOTALS $ Your Reference CC's To: Wallace H . Grant No. 8019695 C M. Kirk Ludwick _ Other County No. 2409230 TA Longmont Sheet 1 of _5_ TA Greeley Escrow Dept/Becky COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, fqr a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Becky/cw By Margaret A. Stephenson _ Phone: 352-2283 (Greeley) AUTHORIZED SIGNATURE 572-1488 (Metro) August 29 , 1985 at7 :00A. M. The effective date of this commitment is At which time fee title was vested in: MARTIN OASE and WILMA J. OASE, in joint tenancy SCHEDULE A 1. Policies to be issued: (A) Owners': COLORADO MEMORIAL PARKS, INC. , a Colorado Corporation (B) Mortgagee's: MARTIN OASE and WILMA J. OASE -8'71256 ilA, 8019695 Sheet 2 of 5 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: The Nt of the NE: of Section 11, Township 1 North, Range 68 West of the 6th P. M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29 , 1908 in Book 283 at Page 140, Weld County Records . 871256 8019695 Sheet 3 of 5 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Release by the mortgagee of: Mortgage from MARTIN OASE and WILMA OASE to the mortgagee GRANT BROTHERS, a Partnership to secure The NI NE: Section 11, Township 1 North, Range 68 West of the 6th P. M. dated June 6 , 1978 recorded July 27 , 1978 in Book 840 as Reception No. 1761511 • which mortgagee has been subordinated to the lien of the •mort9agee recorded November 16 , 1978 in Book 851 as Reception No. 1773084 , by Subordination Agreement recorded December 18, 1978 in Book 854 as Reception No. 1776072. B. Release by the mortgagee of: Mortgage from MARTIN OASE and WILMA J. OASE to the mortgagee THE FEDERAL LAND BANK OF WICHITA to secure $78,000 .00 dated November 3, 1978 recorded November 16, 1978 in Book 851 as Reception No. 1773084 C. Deed from MARTIN OASE and WILMA J. OASE to COLORADO MEMORIAL PARKS, INC. , a Colorado Corporation D. Deed of Trust from COLORADO MEMORIAL PARKS, INC. , a Colorado Corporation to the Public Trustee of the County of Weld for the use of MARTIN OASE and WILMA J. OASE to secure S51, 593 . 84 • • 8019695 Sheet 4 of 5 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax,special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Rights of way for county roads 30 feet wide on either side of section and township lines, established by Order of the Board of County Commissioners, of Weld County, Colorado, recorded October 14 , 1889 •in Book 86 at Page 273 . 7 . Reservation of all coal and other minerals within or underlying said lands, the exclusive right to prospect in and upon said land for coal and other minerals therein, or which may be supposed to be therein, and to mine for and remove from said land, all coal and other minerals which may be found thereon by anyone, the right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals, and the right to use so much of said land as may be convenient or necessary for the right of way to and from prospect places or mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of coal , mineral machinery or other material , and the right to said Union Pacific Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad , as reserved by Union Pacific Railroad Company, in Deed recorded June 4 , 1902 in Book 201 at Page 6, and any and all assign- ments thereof or interests therein. 8 . Easement and right of way for pipeline purposes, as granted to Vessels Gas Processing, Ltd. , by Grant Brothers, in the instrument recorded February 13, 1976 in Book 759 as Reception No. 1681192, affecting the following described property: Township 1 North, Range 68 West, Section 11: The East 1010 feet of the South 40 feet of the N1 NE;. 9 . Easement and right of way for pipeline purposes, as granted to Vessels Gas Processing, Ltd . , by Grant Brothers, in the instrument recorded June 3 , 1976 in Book 768 as Reception No . 1690109 , the location of which is shown in the map attached to said instrument. 8'71256 8019695 Sheet 5 of 5 SCHEDULE B—Continued 10 . Easement and right of way for pipeline purposes, as granted to Amoco Production Company by Grant Brothers, in the instrument recorded June 22, 1976 in Book 770 as Reception No. 1691829 , affecting the following described property: The East 50 feet immediately joining County road of the N1 NE; , 11. Easement and right of way for pipeline purposes, as granted to Continental Pipe Line Company by Grant Brothers, in the instrument recorded May 25, 1977 in Book 798 as Reception No. 1720037, the location of which is shown in the map attached to said instrument. NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Panhandle Eastern Pipe Line Company, recorded October 1, 1981 in Book 949 as Reception No. 1870756 . (b) Union Rural Electric Association, Inc. , recorded October 5, 1981 in Book 949 as Reception No. 1871004 . (c) Western Slope Gas Company, recorded March 9 , 1983 in Book 990 as Reception No. 1919757 . (d) Associated Natural Gas, Inc. , recorded July 20, 1984 in Book 1037 as Reception No. 1974810 . (Affects all of county) (e) Colorado Interstate Gas Company recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (Affects all of County) (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300 . 871256 STATE OF•ORADO CERT•CATE OF TAXES DUE •• S. S.. COUNTYOFWELD �J ,} 1, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unreCeemed ta. sppean of record in the office, on the following described property, to-wit: TR NO. . .,.., .146 ' 2 N NE4 1 1 1 no c_AL 61 :,;‘ i.c_:i PARCEL .11 . . . %4704 WCR 12Z NAME 6 • lin. 71.N & UILMA J VENDOR NO. ,• :a:;-:i" kICA TITLE 1799 EXCEIT— ...• 7 -. . 343 . ' c. TOTAL AMOUNT DUE FOR THIS PARCEL — $0.0 • • This does not include land or improvements assessed separately or special District assessments unless specifically requested In Witness Whereof, 1 have hereunto set my hand and seal, this _ ‘,164* FRANCIS M.LOUSTALET TR[ASUR[R Of COUNTY q 7 •. . • Transamerica Title Insurance Company Arapaho-Douglas Latimer 2000 West Linton°Outward 151 West Mountain Avenue lidllon.Colorado 80120 Fort Collins.Colorado 00521 130.3)795-4000 (303)493.0464 Denver-Adams Mesa 1000 Lana Street 531 Rood Avenue Denver.Colorado 00202 Grand Junction.Colorado 01501 1303)291-4000 (303)234-0234 Boulder PBldn 1317 Spruce Steal 001 East Melons Street °ouWee Colorado 00302 Aspen.Colorado St011 (303)443-7160 (303)92S-1700 • • Eagle Pueblo 0020 Eagle Road 027 North Maln Street Eagle-VW Colorado 01050 Pueblo.Colorado 91000 (303)649-5013 (303)543-0401 El Pro Noun-Jocksoe ale South Weber Street 507 L9lcoln Street 00k 773500 Colorado Spxqa Colorado 00000 Steamboat Sores.Colorado 80477 (303)034-3731 (303)079-1011 • • J.nenon Weld 1075 Can Street Ole Tomb Sweet Lakewood.Colorado 60215 • Geste).Colorado 00031 (303)231-2000 (303)302.2203 Transamerica Title Services CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. STATE OF COLORADO ) BEFORE THE BOARD ss. OF DIRECTORS OF THE COUNTY OF WELD ) DACONO SANITATION DISTRICT PETITION FOR INCLUSION 1. Martin Oase and Wilma J. Oase are fee owners of one hundred percent of the following described real property which is, or will be in a rea- sonable time, capable of being served by the Dacono Sanitation District. 2. The legal description of the property sought to be included under this Petition is attached hereto as Exhibit A. 3. Martin Oase and Wilma J. Oase assent to the inclusion of the above- described property into the Dacono Sanitation District and pray that the Board of Directors of said District grant this Petition after public notice and hearing as provided by law. Martin Oase Wilma J. Oase Address: 4784 Weld County Road 12 Erie, Colorado 80516 Telephone: 654-0867 The foregoing Petition for Inclusion was acknowledged before me this day of , 198 by Witness my hand and official seal . My commission expires: . Notary Public SDF:bs SOFD 111886 871256 AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County") . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Oases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: WILMAR SUBDIVISION, N-1/2 of NE-1/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4. 1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition , the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1)(a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet. Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. 871256 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense; therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmer Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ- ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse— quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 871256 2 Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: Notary Public 3 871256 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of Weld, Department of Health. Witness my hand and official seal . My commission expires: Notary Public SDF:bs AGMT3 111486 111886(a) 4 871256 UTILITY SERVICE STATEMENT FOR SUBDIVISIONS FINAL PLAT The following record of utilities shall be processed by the subdivider or his representative as required in Section 5-2D. of the Weld County Subdivision Regulations. NAME OF SUBDIVIDER OR DEVELOPER Martin Oase and Wilma Oase Name of Subdivision WILMAR SUBDIVISION Agent/Owner kocky Iiountaiii Consultants, Inc. Name & Address 1960 Industrial Circle Suite A ELECTRIC UTILITY COMPANY: l/n,d,_ , (52, t_rce, v �eZe<ti �'�'!«re ^.t'• Approved by1--`d c..{'i , :. 1, (Nameh/ (Title) / (Date) Subject to //4 ',s<_ „<._ / /' c?. . <ae '-• // / A /J!. Disapproved by (Name) (Title) (Date) WATER: Centr d Co p✓ cW istric Approved by `' e — . / 2/c9c Name) `� ( itle (Dat (NW/ a Subject to � /Tea MS d3 tires ,t' /oy�L ittail 4'1 ,/fr/f7al Disapproved by (Name) (Title) (Date) SEWER: /111/4 oR `,?/-e. se1AJC, 9 /` DMu Approved by (Name) (Title) (Date) Subject to • • Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY: Mou a n B /� Approved by ee2--.029 (Name ( tle) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY: Rocky(MQuntain Natural Gas Approved by e < ( tl �i -� ..., u.��<.c.7 a�-4 / ;?i2017 (Name) / ((Title) _ (Date) Subject to . 1 ; rk : . , , x [� , � .•< ?� C'<, Disapproved by (Name) (Title) (Date) FIRE DISTRICT: Longmont Fire Protection District Approved by /h,r i 2(zrai,.> /mina! 4 -0- 61 (Name) (Title) (Date) Subject to ['n4/O11/dn,>' i,C, 4 77 4(4 F0 X 71FP• Disapproved by (Name) (Title) (Date) R'71256 . • • - Rocky Mountain Consultants, Inc. ;"` ,fir. . r .,.31!. S F r 4 yljr 476.�,, 500 Coffman Street, Suite 107 • Longmont, CO 80501 • (303) 772.5282 � lmy � , � ;i Offices also located in Denver and Estes Park, CO • Metro line: 665.6283 November 14, 1986 Captain William R. Emerson Fire Marshal Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 RE: Wilmar Subdivision Dear Captain Emerson: This letter is a follow-up to our phone conversation today regarding your August 15, 1986 referral on the subject project. You had requested two modifications (shown below in capital letters) to the course of action as proposed in Sue Ruptash's letters of August 5, 1986. 1. OBTAIN A LETTER OF AGREEMENT FROM LEFT HAND WATER SUPPLY COMPANY (for the temporary cross-connect) The LHWSC monthly board meeting was held Monday, November 10, 1986. They had not yet received a formal request from CWCWD to consider this request. Mr. Dale Olhausen, Manager for CWCWD has been asked to write this request and LHWSC should take it up at their December meeting. Approval of this cross-connect is tantamount to the developer's request for Phase I water supply and fire protection. Since this project is only at the Preliminary Plat stage, we request that you allow us to proceed into Final Plat stage, knowing that LHWSC will discuss it at their December meeting and that, without an agreement, the developers will not obtain Final Plat approval . You also indicated that for your approval at Final . Plat stage, we would have to provide you with the engineering calculations to show sufficient volume of flow could be provided to fight a fire in the Phase I condition. 2. CONSTRUCTION OF A NEW 8-INCH DIAMETER WATER MAIN TO PROVIDE A LOOPED SERVICE, WHEN 5 LOTS HAVE BEEN DEVELOPED OR WITHIN 2 YEARS, WHICHEVER MAY OCCUR FIRST. In a letter dated July 25, 1986, Dale Olhausen stated that CWCWD will be seeking $96,000 in plant investment fees from Wilmar Subdivision. In a phone conversation with him November 10, 1986, he said that this fee would • • 871256 • ilk IIP Letter to Captain William R. Emerson Page 2 of 2 cover the cost of either a 6" or an 8" main. The way your stipulation reads, the Oase's would be required to construct the water line in two years even if none of the lots have been sold. You agreed that this was not your intent and that , instead, you wanted the ability to evaluate each proposed use within the project as to its fire protection needs. The loop might be needed sooner than two years or not until later from the standpoint of the LFPD. We are in agreement to proceed on the basis of reviewing with you the fire protection need of each proposed use and when you and/or the CWCWD feel the loop is warranted, the fees will be paid by the developers. 3. Provide for the installation of fire hydrants within the subdivision and along WCR 1112, number and location to be determined by L.F.P.D. hydrants shall be installed prior to any construction. To clarify "hydrants shall be installed prior to any construction" the intent is to have fire hydrants installed and in service only as each lot is sold and prior to construction on said lot. If you are in agreement with the conditions of this letter, please indicate so by signing below. Thank you for your consideration in this matter. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. John B. Cummings, Jr., P.E. cc: Dale Olhausen, CWCWD Jim Dickey, LHWSC • Martin and Wilma Oase CONCURRENCE BY: 4-5116 i alli m R. Emerson Date Fire Marshal Longmont Fire Protection District f371256 • • IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Martin Oase and Wilma J. Oase , hereinafter called "Applicant". WITNESSETII: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: The N1/2 of the NE1/4 of Section 11, TIN, R68W of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Book 283 at Page 140, Weld County, records. • WHEREAS, a final subdivision plat of said property, to be known as Wilmar Subdivision has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the • subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 871256 S 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would ' exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the -2- 871256 incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the •negligence of county of its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and —3- 871256 • • public liability insurance coverage, and shall operate. in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 5.1 If desired by the County, portions of street improvements may be • placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an acceptance of said portions. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is • satisfactory ,to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall re—inspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within' the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. Qry y _4_ e l 1256 • • • • • • • 6.0 General Requirements for. Collateral: • 6.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six months of the Final Plat approval. If acceptable collateral has not been submitted within six months then the Final • Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one year after the Final Plat approval (not one year after . acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 The applicant may choose to provide for a phased development by means of designating portions of a Planned Unit Development, Subdivision, or Change of Zone, that the applicant wishes to develop. The applicant would need only to provide collateral for the improvements in each portion of said Planned Unit Development, Subdivision, or Change of Zone as he proposes to develop them; the County will place restrictions on those portions of the Planned Unit Development, Subdivision, or Change of Zone, which are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits on said portions until collateral is provided for those portions or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 871256 —5— 6.9 Applicant intends to develop in phase(s) in accordance with Exhibits "A" and "B". 7.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: - The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". • — The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The applicant may draw from the Letter of Credit in accordance •• with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) —6- 871256 days written. notice from the issuer of the letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an •• appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. -7- 871256 - . If the Ccunty of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8.0 ' Request for Release of Collateral: Prior to release of collateral for • the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an • Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8:•1 The Engineer or his representative has made regular on—site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8.2 Test results must be submitted for all phases of this project as per Colorado Department of highway Schedule for minimum materials sampling, testing and inspections found in CDOU Materials Manual. 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. • 8.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. —8- 871256 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 102 of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 9.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 9. 1 The required acreage as may be determined according to Section 8-15—B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 9.2 The required acreage as determined according to Section 8-15—B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 9.9 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of. final plat submission of the required acreage as determined according to Section 8-15—B. Such value shall be determined by a competent land -9- 871256 • appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended fur parks at a later date. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Cleric and Recorder • and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney APPLICANT: • BY: (title) Subscribed and sworn to before me this _ day of , 19_ My commission expires: Notary Public • —LO- 871 56 • . EXHIBIT "A" PHASE I Name of Subdivision: Wilmar Subdivision • Filing: • Location: The N1/2 of the NE1/4 of Sec. 11, T1N, R68W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , • in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading 8,280 C.Y. $2.50/C.Y. $20,700 Street base 8.830 S.Y. of 1?" base 6.00/S.Y. 39.,7S0 Street paving 8.830 S.Y. of 21/2" asphalt 4.50/S.Y. u Curbs, gutters, and culverts 160 L.F. 18" culvert -$20.00/L.F. 3,200 Sidewalks Storm Sewer facilities Retention ponds Ditch improvements 5,000 Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) • On—site Sewage facilities • On—site Water supply and storage Water mains 3250 ft. of 6" main & appurtenances • 35,690 Tire hydrants 4 each 1800/Ea. 7,200 Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements • SUB-TOTAL $164,500 Engineering and Supervision Costs 16,500 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $181,000 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said .improvements shall be completed according to the construction schedule set out in Exhibit "B". • . Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • Date: , 19 —11- 871256 EXHIBIT "B" PHASE I Name of Subdivision: Filing: 'Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated , 19, Recorded on , 19 , in Book , Page No. , Reception No. , the following schedule. " All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Street `grading Street base Street paving Curbs, gutters, and culverts 'Sidewalks Storm Sewer facilities Retention ponds Ditch improvements Sub-surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On-site Sewage facilities On-site Water supply and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting • Street name signs Fencing requirements Landscaping Park improvements SUR-TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension oft time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 —12— 871256 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AGREEMENT THIS AGREEMENT, made by and entered into this day of , 1987, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County", and WILMA J. OASE AND MARTIN OASE, hereinafter called "Subdividers" and WHEREAS, Subdividers have applied to the County for the Subdivision of 80.479 acres of I3 zoned land (Wilmar Subdivision) into thirteen lots in the North Half (Ni) of the Northeast Quarter (NE+) of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the proposed Wilmar Subdivision will generate an increase in traffic, and WHEREAS, the existing county roads that serve the plant may require increased maintenance due to the increase in traffic, and WHEREAS, the County and Subdividers have reviewed maintenance proposals put forth by Subdivider, and both parties agree that such maintenance will enhance the accessibility and safety of the roads that serve said subdivision. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, County and Subdividers mutually agree as follows: 1. The primary access route to the subdivision will be Weld County Road 12 to the West from the Frontage Road of I25, with secondary access from Weld County Road 11 to the North and South. 2. The road improvements specified herein will be achieved when six of the total thirteen lots have been sold and building permits have been applied for. 3. The improvements to existing roads will consist of two-inch depth of Class 6 Aggregate Base Course on Road 12 from Frontage Road to Road 11. 4. That the County will supply a motorgrader to prepare the road prior to gra- velling. The Subdividers will provide the necessary material , equipment and labor to install the gravel . 5. Subdividers agree to repair any damage on Roads 11 and 12 that has been caused by traffic to and from the subdivision, as jointly agreed by the Subdividers and the Weld County Engineer. In the event of a dispute bet- ween the Subdividers and the Weld County Engineer, the Subdividers may appeal the decision of the Engineer to the Board of County Commissioners. Should the dispute not be resolved by decision of the Board, either party may bring legal action to determine if the damage was created by the Subdivision Users and for recovery of costs of repair. 871256 6. At any time in the future, if road damage due to the Subdivision users and others has increased beyond the point that repairing cannot reasonably restore the road, the Subdividers will cooperate with the County and other users in the reconstruction of those parts of said road. 7. When repair or reconstruction is required, the details of such reconstruc- tion will be as specified by County. The Subdividers' responsibility for repair and/or reconstruction will be limited to maintenance of the road in a condition similar to adjacent roads as determined by sampling and testing of the existing roads by the Weld County Engineering Department. 8. All construction and materials will be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, 1981. 9. The term of this Agreement is from the date of entering as aforementioned, and shall run continuously until the Subdividers have sold 4 of the 13 lots, at which time the responsibilities outlined herein will be trans- ferred to the Lot Owners as specified in the Wilmar Subdivision Covenants. 10. County shall be responsible for the payment of costs due in future fiscal years only if funds are appropriated and are otherwise available for the services and functions which are described herein. 11. In the event of default by the Subdividers, the County's remedies hereunder shall include, but not be limited to the right to conduct administrative proceedings and to consider revocation of amended USR:85:62. 12. Venue for any cause of action arising hereunder shall be Weld District Court. 871256 • IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Jacqueline Johnson, Chairman ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk WILMA J. OASE AND MARTIN OASE BY: BY: 871256 • • WILMAR SUBDIVISION N}, NE#, Section 11 , Township 1 North, R68W, 6th P.M. , Weld County, Colorado SUMMARY STATEMENT (1 ) Total Development Area = 80.479 acres (2) Total Number of Proposed Dwelling Units = 1 (3) Total Non-residential Floor Space Floor Area Ratio = 1 to 1 (4) Total Number of Off Street Parking Spaces = 1 per 500 S.F. (5) Water Requirements = 20,000 GPD (6) Sewage Treatment: Individual Septic Systems (7) Estimated Construction Costs: Streets: $113,410 Water Distribution: 42,890 Storm Drainage Facilities: 8,200 Engineering Costs: 16,500 Financing Method: Owner Financing (8) Special Districts: Central Weld County Water District Longmont Fire Protection District Northern Colorado Water Conservancy District St. Vrain and Left Hand Water Conservancy District 871256 Ill • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property N; of the NE 4 Section 11, Township 1 N, Range 68 W of the 6th principal meridian, Weld County, Colorado STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Security Abstract Company • .O- The foregoing instrument was subscribed and sworn to before me this 1 (C .- day of I , , A, , 19 ;L• WITNESS my hand and official seal. i My Commission expires: y„(4 i P,/,‘ Notary Public '` c' t�+o:!!., t .i 7.. ... P . 871256 • (Please Print nr lyl)e) • ' SUBJECT PROPERTY : Martin and Wilma Oase (N2Ne4 11-1-63) NAME ADDRESS, TOWN/CITY , ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION NO Richard_Cosletta_etal ,_c/o Longmont_Nat'1 pank_,_.5th and Coffman ,_. Longmont, CO 80501 146701000009 RoyH. and Beverly_Carlson,_ 1.1176 Pearl St.,_ Northglenn, CO 30233 146702000005 Cheryl Marie Leppla ,- c/o_Raleigh. & Leppl-aa_3045California Av._Sw_ . _ Seattle, WA 98116 146702000007 Edward and Okla Eckert, c/o Roland K. and Mary E. Cochran, 4394 WCR 12, Erie, CO 80516 146711000002 Roland K. and Mary E. Cochran, 4394 WCR 12, Erie, CO 30516 146711000003 Maybelle M. , Mary Irene, and Annie Jane Wright, Box 94 , Erie, CO 80516 146711000004 Clifford R. and Vera L. Haller, 4651 Rd. 11 , Erie, CO 80516 146711000026 Roland K. and Mary E. Cochran, 4394 WOR 12, Erie, CO 30516 146711000033 William N. and Ann M. Stonebraker, b401 N. Federal Blvd. , Denver, CO 80221 146712200029 William N. and Ann M. Stonebraker, 5401 N. Federal Blvd. , Denver,• C0 '80221 146712200049 Azalea Farms, 1005 Riverside Dr. , Fort Collins , CO 80521 146712200053 _ Dan E. Ryan, 8115 W. 63rd Av. , Arvada , CO 80004 146712200054 871256 • 1► AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property N2 OF THE NE4 SECTION 11 . TOWNSHIP 1 NORTH. RANGF 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or Under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. SECURITY ABSTRACT COMPANY m . -�- DENVER M. WIGGINS The foregoing instrument was subscribed and sworn to before me this 6 day of JUNE , 1986 By DENVER M. WIGGINS WITNESS my hand and official seal . My Conmiission expires : MyCommiswenExptres Dec. 19, 1986 (/ ar774' Notary Public C 871256 • CHAMPLIN PETROLEUM COMPANY, a DELAWARE CORPORATION (MINERAL OWNER) 640 Baseline Road Brighton, Colroado 871256 I engineers • planners • surveyors Weld County Planning Commission Members of the Board: Attached you will find the following additional information pertaining to the Wilmar Subdivision Final Plat application. -Agreement to abandon existing septic systems and connect to a municipal system as soon as it becomes available to the sub- division; -Copy of Petition for Inclusion into the Dacono Sanitation District as submitted; -Letter from Captain Emerson of the Longmont Fire Protection District stating approval of plans as submitted; -Letter of agreement between Central Weld County Water, Martin Oase and Left Hand Water Supply Co. regarding water service; -Soil erosion control plan as approved by Boulder Soil Conservation Service; -Revised Subdivision Agreement - including phasing plan; -Draft of Wilmar Subdivision covenants; -Letter from John B. Cummings, P.E. to Drew Sheltinga addressing his concerns - including a draft Road Maintenance Agreement; -Set of revised maps. • • Rocky Mountain Consultants, Inc. 1960 Industrial Circle,Suite A Longmont, Colorado 80501 303-772-5282 Offices also in Denver • Boulder • and Estes Park.CO Metro line: 665-6283 ry 8 1256 AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County") . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Oases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: WILMAR SUBDIVISION, N-1/2 of NE-1/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4. 1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition , the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1 )(a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet. Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. 871256 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense: therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmar Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ— ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse— quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 071256 2 Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: Notary Public 871256 3 STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of Weld, Department of Health. Witness my hand and official seal . My commission expires: Notary Public SDF:bs AGMT3 111486 111886(a) 871256 4 STATE OF COLORADO ) BEFORE THE BOARD ss. OF DIRECTORS OF THE COUNTY OF WELD ) DACONO SANITATION DISTRICT PETITION FOR INCLUSION 1. Martin Oase and Wilma J. Oase are fee owners of one hundred percent of the following described real property which is, or will be in a reasonable time, capable of being served by the Dacono Sanitation District. 2. The legal description of the property sought to be included under this Petition is attached hereto as Exhibit A. 3. Martin Oase and Wilma J. Oase assent to the inclusion of the above-described property into the Dacono Sanitation District and pray that the Board of Directors of said District grant this Petition after public notice and hearing as provided by law. (19—r—e- Martin Oase I .7 ^! Wilma J. Oase Address: 4784 Weld County Road 12 Erie, Colorado 80516 Telephone: 654-0867 The foregoing Petition for Inclusion was acknowledged before me this 9'1"4` day of ')/1 , 198_1 by 7>>tea,, p,,.,,, w iu. Fiti.,z Witness my hand and official seal . My commission expires: 3/S/i9 • N tary Public 871256 EXHIBIT "A" The North 1/2 of the Northeast 1/4 of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Book 283 at Page 140, Weld County records. 071256 `�MGMOy\ • • (7.7:1 LONGMONT FIRE PROTECTION DISTRICT 10,44-to 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 �qo•% ;tel. °recno?' David Bierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Huss Fire Chief Director Director Director Director Director 9 Muted 1987 Mh. Keith Sehuett (need Cotdtty Depvctwnt 06 Planning Seitvieee 915 10th Sbteet G'w. hy, Cotnnada 80631 Re6: WILl41R %bdiuis.ian Final Ng Case Nuribett S-274:87:1 Dean. Ma. Schuttt: Commis expressed.in atut letters o6 24 February 1981 have been addressed with Mr. John B. Cunnings, Jn. o6 Rocky Mountain Consultants. Mot. Cunnings presented a 'revised copy o6 the Masten Utility Ran, which indicates .the location o6 eiiht (8) 61ne hydrants, Khirh we approved. Vas also &eceiued a. copy o6 .the. agreement boturen Centnat (Deed County LUaten D.istitiet, Leht Hand (thta 4, ,Py CartZmy and Marrtin Oast. The concerts expressed are now settled to oar satis6actian. Siw-aS� ey, Witt n R. 5town Fuze Mwwhal WRL-/wte Copies: Martin and Wilnn J. flue Reeky Mountain Consultants - Mr. Jahn B. Cunnings, Jr. &iand o6 D-inectnns Chie6 Seeneta y/Attowy File (3) 871256 • CENTRAL WELD COUNTY WATER DISTRICT February 24 . 1987 Mr . Martin Oase 4784 Weld Co . Rd. 12 Erie , CO 80516 RE : Wilmar Subdivision - Water Service Dear Mr . Oase : As a follow-up to our meeting on February 12, 1987, I have prepared this letter to establish a basis for water service to your development . This letter has been reviewed and approved by the Directors of Central Weld County Water District at the Regular Board Meeting on Thursday. February 19. 1987. Left Hand Water Association has previously agreed to the revised metering station between Central Weld and Left Hand to supply the emergency demands as requested by the Fire Marshall . Some of the major items which will be required by the District in order to provide water service to the development are hereinafter discussed. You will need to construct the water system within the development and transfer the system to the District . We will need to review and approve the final plans and specifications prior to construction and approve the Contractor doing the installation . The District should be contacted in advance of any construction . Coordination needs to occur throughout the construction in order to allow the District to properly review and approve the materials , installation , and testing . It is the developer ' s responsibility to complete the installation in accordance with the District ' s requirements . No connection shall be made to existing District mains without advance contact and coordination with the District . Each lot in the subdivision will require an independent service . The owner of the individual lots will be required to purchase a tap and execute agreements to receive service from the District . In addition to the regular fees charged, there will be an additional Plant Improvement Fee that each user will have to pay . This will be assessed at the time that the user requests service and purchases a tap. In order to provide water for fire flow as requested by the Fire Marshal , the metering station between Central Weld County Water District and Left Hand Water Supply Company needs to be improved in order to install pressure regulator , 4" meter , and related valving and appurtenances . The metering and pressure regulating station will be set so that when pressure is low on the Central Weld side , the pressure regulating valve will open and allow water to flow through the 4" meter and the 6" main to the Wilmar Subdivision . In order to install a new metering station to 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352.1284 • Dale D.Manage,Secretary-aa' tire. • • February 24 , 1987 Page 2 provide this service , it will be necessary for you to pay, in advance to the District , the amount of $16,500. 00 to complete this installation . This installation is also subject to review and approval by the Left Hand Water Supply Company. If Left Hand adds requirements which add to the cost for this installation , than these costs may be passed to you at the option of Central Weld County Water District . Once you have paid for this installation , no additional charges are required by the District except those as required by the individual property owners to purchase service from the District . You are , however , required to complete the installation of the water system through the subdivision and make connections to the existing District ' s mains . We require as—built drawings on mylar sheets once the project is complete for our permanent records . Your engineer will be required to submit adequate drawings and submittals for our review, approval and records . The system needs to be deeded to the District once it is complete and following a one year warranty period. These major requirements and other details will need to be worked out and coordinated though the District office and staff. If you have any questions regarding this letter please so advise . If you are in agreement , please sign the enclosed copy of this letter and return it in the self-addressed envelope. The District will not proceed further until we have received the $16,500 payment . Please advise if you have any questions . Respectfully . CENTRAL WELD COUNTY WATER DISTRICT Dale D. Olhausen Secretary-Manager DDO/wmg Enclosure : Copy of letter Self-addressed envelope ACCEPTANCE BY OW,F1 Ti "1/-27 U.Jarvin. c)/17 60y, Martin Oase APPROVED BY . 70c4,----- tn. /1 -'/ Jim Dickey . Manager Lif t Hand Water Sup y Company 871256 • • WILMAR SUBDIVISION EROSION CONTROL PLAN The development of each lot within the Wilmar Subdivision shall conform to U.S. Soil Conservation Service Standards regarding temporary and permanent ero- sion control . The existing vegetative cover consists of dry land pasture grass. The site will remain essentially undisturbed except for the areas of Wilmar Drive and the detention pond on the northeast corner. A detailed drainage report and drainage plan are attached. Detention ponds are shown on the plan. Permanent erosion control shall consist of the following: 1. In the event that animals other than domestic pets are to be housed on any of the lots platted in the Wilmar Subdivision, they must be confined by means of a fence or other comparable barriers and shall have a plan by which permanent vegetative cover shall be maintained. 2. Increased drainage runoff shall be managed through the use of on- site detention ponds as shown on the drainage plan. The increased runoff shall be diverted by borrow ditches along Wilmar Drive, detained in the ponds as shown and released at its historic rate into the existing off-site system of borrow ditches and culverts. Rip rap shall be provided at culverts as shown on the plan. 3. Grassed drainage ways along Wilmar Drive shall be seeded with Lincoln Smooth Brome at a rate of 13 lbs/acre of pure live seed between October 31 and April 30. Temporary erosion control shall be provided until that time. Side slopes shall be a maximum of 4:1. 871256 4. All other areas disturbed during construction shall be landscaped or graded and seeded to Luna Pubescent Wheatgrass between October 31 and April 30 at a ratio of 9 lbs/acre of pure live seed. Temporary erosion control shall be provided until that time. Temporary erosion control measures shall be required during construction until permanent measures can be established. These shall consist of: 1. The use of windbreaks (i .e. snow fencing) shall be used to miti- gate the erosion of the ground surface until permanent cover can be established. 2. Erosion control of disturbed areas until appropriate time to establish permanent cover shall consist of either seeding with Forage Sorgum at a rate of 10 to 15 lbs/acre pure live seed from June 1 to July 1 or mulching at a rate of 2 tons/acre of clean straw from July 1 to October 31. 3. Straw-bale dams shall be placed along drainage ways until per- manent cover is established. See drainage plan for location and description of dams. 871256 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Martin Oase and Wilma J. Oase , hereinafter called "Applicant". WITNESSETII: • WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: The !11/2 of the NE1/4 of Section 11, TIN, R68W of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Book 283 at Page 140, Weld County, records. • WHEREAS, a final subdivision plat of said property, to be known as Wilmar Subdivision has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the • subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 871256 • 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the :Mate of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, • construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would ' exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the —2— pry y 0 7 .1256 incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss,-or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and —3- 871256 public liability insurance coverage, and shall operate. in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 5. 1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an acceptance of said portions. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory ,to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall re—inspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within' the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 871256 —4— • 6.0 General Requirements for. Collateral: 6. 1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the • Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six months of the Final Plat approval. If acceptable collateral has not been submitted within six months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one year after the Final Plat approval (not one year after . acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 The applicant may choose to provide for a phased development by means of designating portions of a Planned Unit Development, Subdivision, or Change of Zone, that the applicant wishes to develop. The applicant would need only to provide collateral for • the improvements in each portion of said Planned Unit Development, Subdivision, or Change of Zone as he proposes to develop them; the County will place restrictions on those portions of the Planned Unit Development, Subdivision, or Change of Zone, which are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits on said portions until collateral is provided for those portions or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 671256 —5— 6.3 Applicant intends to develop in phase(s) in accordance with Exhibits "A" and "B". 7.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 1007, of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". • — The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) —6— . • 8 0 ppryy 1256 days written. notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an •• appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. —7- 871256 • • - • If the Ccunty of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8.0 - Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an • Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8:.1 The Engineer. or his representative has made regular on—site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. • 8.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. —8— 871256 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 9.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 9.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 9.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 9.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-8. Such value shall be determined by a competent land -'9- 87156 • • • appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney _ APPLICANT: • BY: (title) Subscribed and sworn to before me this _ day of , 19 My commission expires: Notary Public • —10- 871256 • • • . EXHIBIT "A" PHASE I Name of Subdivision: Wilmar Subdivision Filing: Location: The N1/2 of the NE1/4 of Sec. 11, T1N, R68W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading 8,280 C.Y. $2.50/C.Y. $20,700 Street base 8.830 S.Y. of 1?" base 6.00/S.Y. 39 730 Street paving 8.830 S.Y. of 2Z" asphalt 4.50/S Y sy U Curbs, gutters, and culverts 160 L.F. 18" culvert -$20.00/L.F. 200 Sidewalks Storm Sewer facilities Retention ponds Ditch improvements 5,000 Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house coon) • On—site Sewage facilities • On—site Water supply and storage Water mains 3250 ft. of 6" main & appurtenances 35,690 'Fire hydrants 4 each 1800/Ea. 7,200 Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements SUB-TOTAL $164,500 Engineering and Supervision Costs 16,500 (testing, inspection, as—built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $181,000 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said .improvements shall be completed according to the construction schedule set out in Exhibit "B". • Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • Date: , 19 '-11— 871256 • • EXHIBIT "B" PHASE I Name of Subdivision: Filing: "Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated , 19 , Recorded on , 19_, in Book , Page No. , Reception No. , the following schedule. " All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Street 'grading Street base Street paving Curbs, gutters, and culverts • 'Sidewalks • Storm Sewer facilities Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On—site Sewage facilities On—site Water supply and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting • Street name signs Fencing requirements Landscaping Park improvements SUB—TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension oft time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 —12— yq� 8 ! 1236 • • WILMAR SUBDIVISION COST ESTIMATES PER PHASE - SEE ATTACHED PHASING MAP Phase I - Block 1 Lots 1,2,4 and 5 Block 2 Lots 1 ,2 and 3 (7 lots) Phase II - Block 1 Lot 6 Block 2 Lot 7 (2 lots) Phase III - Block 1 Lot 3 Block 2 Lots 4,5 and 6 (4 lots) PHASE I Water Cut in new 6" Tee 2@ $450/Ea. = $900 640' new 6" main 640' @ 10.00/L.F. = 6400 New 6" Gate valves 2 @ $375 = 750 New fire hydrant & assembly 3 @ $1800 = 5400 Culverts 80 L.F. of 18" CSP with riprap 80' @ $20.00/L.F. = 1600 Street Grading (600' )(60' )(1.5' )/27 = 2000 C.Y. @ $2.50/C.Y. = 5000 Street Base - 12" base (600' )(32 ' )/9 = 2133 S.Y. @ $6.00/S.Y. = $12,800 Subtotal $32,850 Engineering and Surveying 3,300 TOTAL PHASE I $36,150 PHASE II Water Cut in 2 new 6" tees @ $450/Ea. _ $ 900. 720' new 6" main @ $10.00/L.F. = 7200 New 6" Gate valve 2 @ $375/Ea. = 750 New fire hydrant and assembly 3 @ $1800/Ea. = 5400 871236 Culverts 80 L .F. of 18" CSP with riprap @ $20.00/L.F. = 1600 Street Grading (700' )(60' )(1.5' )/27 = 2333 C.Y. @ $2.50/C.Y. = 5850 Street Base - 12" base (700' )(32' )/9 = 2500 S.Y. @ $6.00/S.Y. = 15,000 Subtotal $36,700 Engineering and Surveying 3,700 TOTAL PHASE II $40,400 PHASE III Water 1120' new 6" main @ $10.00/L.F. _ $11,200 New 6" Gate valve 2 @ $375/Ea. = 750 New fire hydrant & assembly 2 Ea. @ $1,800/Ea. = 3600 Culverts None Street Grading I II 2500'-(600) - (700) = (1200' )(60' )(1.5' )/27 = 4000 C.Y. @ $2.50/C.Y. = $10,000 Rework existing Phase I & II surfaces (600' + 700' )(32' )/9 = 4622 S.Y. @ $1.00/S.Y. = 4600 Street Base (1200' )(32' )/9 = 4,267 S.Y. @ $6.00/S.Y. _ $25,600 Paving - (Entire Project) 2-1/2" asphalt (2500' ) (32' )/9 = 8,890 S.Y. @ $4.50/S.Y. $40,000 Subtotal $95,750 Engineering and Surveying 9,550 TOTAL PHASE III $105,300 -2- 871236 • • DECLARATION OF RESTRICTIVE COVENANTS OF THE WILMAR SUBDIVISION 1. DECLARANT. Martin Oase and Wilma J. Oase (hereinafter "Declarant") as the owners of the real property subdivided and platted as the Wilmar Subdivision, Weld County, Colorado, make this Declaration of Restrictive Covenants for the Wilmar Subdivision (hereinafter "Subdivision) in order to create a planned business community. 2. DEFINITIONS. 2.1 "Lot" means any plot of land shown as a lot on any recorded Plat of the Property. 2.2 "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any Lot, but shall not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a mortgagee or beneficiary under a deed of trust, unless and until such person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.3 "Property" means that certain real property subject to this Declaration described as the Wilmar Subdivision, Weld County, Colorado, consisting of Lots 1-6, Block 1 and Lots 1-7, Block 2. 3. BINDING EFFECT. Declarant hereby declares that all of the Lots in the Subdivision shall be held, sold, and conveyed subject to the easements, restrictions, covenants, and conditions contained in this Declaration and in the Plat, Plans and Specifications approved by Weld County, which are for the purpose of protecting the value and desirabil- ity of the Property, and any additional property which is submitted to this Declaration from time to time. These easements, covenants, conditions and restrictions shall run with the land and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and their tenants, employees, guests, and invitees, and shall inure to the benefit of each Owner thereof. 4. ASSUMPTION OF OBLIGATIONS. The Declarant has entered into certain agreements with Weld County concerning the Subdivision. These agreements consist of a Road Maintenance Agreement (Exhibit A attached), Sewer System Agreement (Exhibit B attached), Erosion Control Plan (Exhibit C attached) . Declarant has also obtained Geologic Hazard Permits for Lots 4 and 5, Block 1 (Permit Guide attached as Exhibit D). The covenants and agreements contained in Exhibits A through D are hereby declared to be covenants running with the land and shall be binding on the owners of the Lots. As lots are sold, the Declarant shall be relieved of the obligations with respect to that Lot. 871256 • • 5. USE RESTRICTIONS. 5.1 General Use, Compliance with Zoning. All Lots shall be used and/or occupied in compliance with the ordinances, resolutions and policies of the County of Weld, or the laws of Colorado or of the United States. 5.2 Prohibited Uses. No site or lot shall be used for any purpose or business which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes, or noise. 5.3 Abandoned or Inoperable Vehicles. Abandoned or inoperable vehicles shall not be stored or parked on any portion of the Property. "Abandoned or inoperable vehicle" shall be defined as any vehicle which has not been driven under its own propulsion for a period of one week or longer. 5.4 Condition of Property. The owner of any site or lot shall at all times keep the premises, buildings, improvements, and appurte- nances in a safe, clean condition and comply in all respects with all government, health, fire, and police requirements and regula- tions; and the owner will remove at his or her own expense any rubbish of any character whatsoever which may accumulate on such site or lot. 5.5 Construction Period. If, after one year from the date of issuance of building permit(s) to an Owner of a Lot, the construction of a permanent building has not been completed upon such lot, the Declarant hereby retains the option to rescind such contract, refund the purchase price, and enter into possession of such land. However, the Declarant may extend in writing the time at which such construction may be begun. 5.6 Compliance with Longmont Fire Protection District. All property in the Subdivision shall be used, built upon or otherwise occupied in compliance with the Longmont Fire Protection District Rules and Regulations. 5.7 Drainage. Property Owners shall be bound by the drainage plan contained in the Subdivision Plans and Specifications as approved by Weld County, Colorado. 6. PARTIAL INVALIDITY. The invalidation of any one of the restrictions herein set forth or the failure to enforce any of such restrictions at the time of its violation shall in no event affect any of the other restrictions nor be deemed a waiver of the right to enforce the same thereafter. 7. AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the Subdivision for a term until January 1, 2007, after which time they shall be automatically extended for successive periods of time of ten years each. This Declaration may be amended during the first 2 871256 period by an instrument signed by the 65 percent of the Owners. Any amendment must be recorded. Amendment of the Declaration to correct technical errors or for clarification may be made unilaterally by Declarant without obtaining the consent of the Owners. 9. ENFORCEMENT. The Declarant or any Owner shall have the right to enforce these covenants against any Owner, and any Owner shall have the right to enforce against the Declarant, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Weld County shall have the right to enforce against the Declarant or any Owner the covenants, agreements or obligations contained in the documents attached as Exhibits A through D and/or set forth on the Plat, Plans and Specifications approved by Weld County. Failure by the Declarant 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. Reasonable attorneys' fees and costs incurred in enforcing these Covenants shall be recovered from the party breaching same. DATED: , 1987. Martha Oase Wilma J. Oase SDF:bs SDFD 030687 030987(a) 871256 3 • • c_ _ • p:oncers • Surveitirs March 12, 1987 Mr. Drew Scheltinga, P.E. Weld County Engineer 933 N. 11th Greeley, CO 80632 RE: Wilmar Subdivision Dear Drew: Per your March 10, 1987 continents on the referenced project, we offer the following responses: 1. I concur with your recommendation for storm detention on each indivi- dual lot. The Master Drainage Plan (sheet 4) has been revised accor- dingly. A copy is enclosed herewith. 2. Complete dimensioning of all utility easements on the plat will be accomplished during our in-house quality control check before the plat goes for recording. 3. Paving of Wilmar Drive to the existing edges of County Roads 11 and 12 will be provided. Sheets 5 and 6 have been revised accordingly and copies are included herewith. The thirty-five foot radius as proposed is satisfactory for truck traffic. 4. The design speed for Wilmar Drive is 30 mph and the horizontal and ver- tical curves meet the design criteria. 5. The pavement thickness will be increased to three inches. Empire Laboratories, Inc. will prepare a structural design for the roadway and the applicant will abide by their recommendation. The design of the subdivision maximized access as much as possible to Wilmar Drive. Lots 4 and 5 currently take access from C.R. 12 at two different locations. This has always been the applicant's intent. 6. There is no FEMA Flood Information Report for this drainage way. Therefore, any 100-year flood plain identification would be purely spec- ulation and unsubstantiated by any legal identity. There is a pro- nounced depression through Lot 1, Block 2, however, and an easement line along the bluff at the east side of the depression could be added to the plat. This area could then be identified as a drainage easement so that no encroachment would be allowed within this area. Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A Longmont. Colorado 80501 303.772-5282 Offices also in Denver • Boulder • and Estes Park.CO Metro line: 665-6283 871256 • • page two Mr. Drew Scheltinga, P.E. March 12, 1987 7. Per Jennifer Rodriguez's phone conversation with you on March 11, the road maintenance agreement has been revised. The applicant is willing to commit to providing the road base material for your crews to install a two inch depth over the existing surface of C.R. 12 from C.R. 11 to the Frontage Road. Respectfully submitted, ROCKY MOUNTAIN CONSULTANTS, INC. / John B. Cummings, Jr. P.E. dt cc: Martin and Wilma Oase Enclosure 4-5116 871256 • • Vir MEMORAnDUA Keith Schuett VIPlanninga Department March 10, 1987 To Date Drew L. Scheltinga, County Engineer ' "r / 14( COLORADO From J Wilmar Subdivision Subject: _.. I have reviewed the application materials and have the following comments: 1) The typography of this site does not lend itself to detention ponds that would manage the entire site. Also, it is not known exactly what development will occur on each individual lot. Therefore, I recommend storm detention be designed for each individual lot and reviewed at the time when individual site plans are required due to the industrial zoning. 2) The dimensioning of the utility and pipeline easements on the record plat is inadequate. 3) Where Wilmar Drive connects to county roads 12 and 11, the paving should be extended to the edge of the existing roadways and include paved roundings with radius' satisfactory for truck traffic. 4) The designed speed should be indicated for the roadway and it should be verified that the horizontal and vertical curves meet the design criteria. 5) Information regarding the structural design of the roadway is not supplied in the soils investigation. The proposed cross section appears to be adequate; however, this must be verified. I recommend the minimum thickness of asphalt pavement for an industrial subdivision be three inches (3") and an appropriate reduction in base course be made. However, all thicknesses must be verified by an appropriate design. Access to all lots with frontage of Wilmar Drive should be restricted to Wilmar Drive. Access to lots 4 and 5 should be restricted to a common access along the lot line. 6) The area that drains through the northwest corner of the site is several square miles. This area would be subjected to major flooding inundation. The 100-year flood plain should be indicated on the record plat in accordance with the subdivision regulations. 871256 • • Page 2 Wilmar Subdivision 7) I feel the proposed maintenance agreement as proposed will not address the impacts created by the site. Also, I feel that unspecific future agreements between the subdivider and the County Engineer does not adequately protect the County against the certain impacts. No traffic projection or information has been supplied in the application. Because uses are not known in an industrial subdivision it is difficult to predict traffic generation. However, I believe some some type of traffic prediction needs to be made. DLS/bf xc: Subdivision Referral File: Wilmar Subdivision 871256 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of • by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Martin Oase and Wilma J. Oase , hereinafter called "Applicant". WITNESSETIT: WHEREAS, Applicant is the owner of or has a controlling interest in the folrowing described property in the County of Weld, Colorado: The H1/2 of the NE1/I of Section 11, T1N, RG8W of. the Gth P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Hook 283 at Page 140, Weld County, records. . WHEREAS, a final subdivision plat of said property, to be known as Wilmar Subdivision has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the . subdivision, which improvements, along with a time schedule for completion, arc listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is aattached hereto and made a part hereof by this reference. 871256 • • 1. 1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of : Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, • construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as—built" drawings and a final statement of construction cost to the County. 2.0 Rights—of—Wav and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights—of—way and casements on all lands and facilities traversed by the proposed improvements. All such rights—of—way and casements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in - Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would ' exist if the plat,. were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the 2— 871256 • incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the. County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County. at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the •negligence of county ot its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of thetcounty or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and —3- 871256 public liability insurance coverage, and shall operate in strict accordance ''with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within the subdivision may be accepted by the County as a part of the County system. 5.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule attached as Exhibit "B", but such use and operation shall not constitute acceptance of said portions. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer make an initial inspection of its streets and certify their construction in accordance with the approved plans. Not sooner than nine months after the initial inspection, the County Engineer shall , upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County. Engineer shall re-inspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend Release of Warranty Collateral . The Release of Collateral shall not constitute acceptance of the streets for repair and maintenance by the County or relieve the applicant(s) , their successors or assigns, from any obligations which they have for repair and maintenance. Upon receipt of a positive unqualified recommendation from the 'tCounty Engineer for acceptance of maintenance and repair responsibility for streets within the development, the Board of County Commissioners may, but shall not be obligated to, accept and assume responsibility for the full maintenance of said streets including repair. -4- 871256 • • 6.0 General Requirements for. Collateral: • 6. 1 The value of all collateral submitted to Weld County must be equivalent to 1002. of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the • Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six months of the Final Plat approval. If acceptable collateral has not been submitted within six months then the Final • Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one year after the Final Flat approval (not one year after : acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements arc updated and collateral is provided in the amount of 100''/. of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 The applicant may choose to provide for a phased development by means of designating portions of a Planned Unit Development, Subdivision, or Change of Zone, that the applicant wishes to develop. The applicant would need only to provide collateral for the improvements in each portion of said Planned Unit Development, Subdivision, or Change of Zone as he proposes to develop them; the County will place restrictions on those portions of the Planned Unit Development, Subdivision, or Change of Zone, which are not c?vexed by collateral which will prohibit the conveyance of the property or the issuance of building permits on said portions until collateral is provided for those portions or until improvements arc in place and approved pursuant to the requirements for a Request for Release of Collateral. 811256 6.3 Applicant intends to develop in 3 phase(s) in accordance with Exhibits "A" and "8". • 7.0 Tmprnvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7. 1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter • of credit shall state at least the following: — The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". • — The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been • notified of such default. - The appli,:ant may draw from the Letter of Credit in accordance • . with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all •times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter • of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. —• The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either thn date of ' release by Weld County of the final 15%, or one year fiom the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event: , the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) 871256 days written. notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: • In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that • the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. The escrow agent guarantees that the escrowed funds will lie used for improvements as specified in the agreement and for no other purpose and will not release any portion of suck: funds without prior approval of the Board. The escrow agent will be a Federal or State licensed bank or financial institution. —7 871256 • • - . If the Ccunty of Weld County determines there is a default of •the Improvements Agreement, the escrow agent, upon request by ' the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8.0 • Renuest for Release of Collateral: Prior to release of collateral for • the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an • Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8:.1 The Engineer. or his representative has made regular on—site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. . • 8.5 A letter must be submitted from the appropriate Fire 'Authority indicating the fire hydrants are in place: in accordance w%th the approved plans. The letter shall indicate if the fire hydrants arc operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. —8— et 71256 • • 8.7 Following the suomittal of the Statement of Substantial Compliance and a positive recommendation by the County Engineer, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the applicant upon approval by the Board of County Commissioners under Section 5.3 herein. 9.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 9.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 9.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 9.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land -9- 13'1256 • • appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. • • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ATTEST: Weld County Cleric and Recorder ' and Cleric to the Board • BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney APPLICANT: • • BY: (title) Subscribed and sworn to before me this day of , 19 My commission expires: • Notary Public • i' —10•- 871256 EXHIBIT "A" PHASE I Name of Subdivision: Wilmar Subdivision per, 4/ Phase I - Block 1, Lots 1,2_,4815, Block 2, Lots 1 ,2 R 3 Location: I'11/2 of the NE1/4 of Sec. 11, TIN, R6RW of the 6th P.M. Intending to be legally bound, • the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated 19 , recorded on , 19 , • in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading 2000 c.y. 2.50 c.y. $5000.00 Street base 2133 s.y. 6.00 s.y. $12,800.00 Street paving Curbs, gutters, and culverts Sidewalks Storm Sewer facilities 80 LF (111" CSP) 20.00 LF 1600 Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house cnnn) On—site Sewage facilities On—site Water sunplv and storage Water mains 640' 10.00 LF 6400 Fire hydrants 3 WOO each ! 400 Survey & street monuments L boxes Street lighting Street name signs Fencing requirements Landscaping 1'ark improvements • 6" Gate Valves 2 375 750 6" Tee 2 450 900 SUB-TOTAL Engineering and Supervision Costs 3,300 (testing, inspection, as—built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 36,150 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said .improvements shall be completed according to the construction schedule set out in Exhibit "B".• - Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) . Date: , 19 • •-11- 871256 1:xuInIT "n" PHASE I Name of Subdivision: Wilmar Subdivision ,FA/Vint/ Phase I - Block 1, Lots 1,2,4 & 5 - Block 2, Lots 1,2 &3 Location: N1/2 of the NE1/4 of Sec. 11, TIN, R68W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Wilmar Subdivision, dated , 19 , Recorded on , 19 , in Book , Page No. , Reception No. , the following schedule. • ' All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed *as follows: As required by Weld County as part of site plan review approval process for the lots in Phase I . (Leave spaces blank where they do not apply.) Improvements Time for Completion Street trading Street base Street paving Curbs, gutters, and culverts ' 'Sidewalks Storm Sewer facilities Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On—site Sewage facilities On—site Water supply and storage Water mains • Fire hydrants Survey & street monuments L boxes Street lighting • Street name signs Fencing requirements Landscaping Park improvements • SUB—TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension oft time. for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot bq. met. • Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 • —12— 3 7 .2 6 • EXHIBIT "A" PHASE II Name of Subdivision: Wilmar Subdivision • TA}tpop Phase II - Block 1, Lot 6, Block 2, Lot 7 Location: N1/2 of the NE1/4 of Sec. 11, T1N, R68W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19_, recorded on , 19 , • in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unir Cost Construction Cost Street grading 2333 c.y. 2.50 c.y. 5850 Street base 12" Base - 2500 s.y. 6.00 s.y. 15,000 Street paving Curbs, gutters, and culverts Sidewalks Storm Sewer facilities 18" CSP culvert 20.00 LF 1600 Retention ponds Ditch imorovements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house cnnn) On—site Sewage facilities On—site Water supply and storage Water mains /20' 10.00 LF /200 Fire hydrants 3 1800 each 5400 Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaning Park improvements '750 6" bate Valve Z 3/5 6" Tee 2 450 900 SUB—TOTAL Engineering and Supervision Costs 3,700 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 40,400 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said •improvements shall be completed according to the construction schedule set out in Exhibit "B". . Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 • • .-11- 8 ,1"56 • • EXHIBIT "B" PHASE II Name of Subdivision: Wilmar Subdivision • Ag,V Phase II - Block 1, Lot 6, Block 2, Lot 7 N1/2 of the NEI/4 of Sec. 11 , T1N, RUN of the 6th P.M. Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Wilmar Subdivision, dated , 19 , Recorded on , , 19 in Book , Page No. , Reception No. , the following schedule. • ' All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed *as follows: As required by Weld County as part of the Site Plan Review Approval process for the Lots in Phase II (Leave spaces blank where they do not apply.) Improvements Time for Completion Street Trading Street base Street paving Curbs, gutters, and culverts • 'Sidewalks Storm Sewer facilities Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On—site Sewage facilities On—site Water supply and storage Water mains • Fire hydrants Survey & street monuments & boxes Street lighting ' Street name signs Fencing requirements Landscaping Park improvements ' SUB—TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension oft time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot beF.met. • Signature of Applicant: (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 • —12- O 1'1266 • Aft • • EXHIBIT "A" PHASE III Name of Subdivision: Wilmar Subdivision • pt}}pt/ Phase ITT - Block 1. Lot 3. Block 2. lots 4 .5 and 6 Location: Nil? of the NF1/4 of Sec. 11. TIN. R68W of the 6th P.M. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , • in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading 4000 c.y. 2.50 c.y. $10,000.00 Street base 4,267 s.y. 6.00 s.y. 25,600.00 Street paving 8,890 s.y. (3") 5.25 s.y. 46,700.00 Curbs, gutters, and culverts Sidewalks Storm Sewer facilities Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house conn) On—site Sewage facilities On—site Water supply and storage Water mains 1120' 6" main :+ 10.00 LE 11,200.00 Fire hydrants 2 1800 each 3,600.00 Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Lnndscaning Park improvements 6" Gate Valve 2 375 750.00 Rework existing grading 4622 S.y. 1.00 s.y. 4600.00 SUB-TOTAL Engineering and Supervision Costs 10,200 (testing, inspection, as—built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 112,650 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said •improvements shall be completed according to the construction schedule set out in Exhibit "B". • • Signature of Applicant (, (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: • , 19 •-11— n EXHIBIT "8" PHASE III Name of Subdivision: Wilmar Subdivision • Btyyje(1( . Phase III - Block 1, Lot 3, Block 2, Lots 4,5 and 6 N1/2 of the NE1/4 of Sec. 11, TIN, 1268W of the 6th P.M. Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Wilmar Subdivision, • dated , 19 , Recorded on . 19_—, in Book , Page No. , Reception No. , the following schedule. ' All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed •as follows: As required by Weld County as part of the Site Plan Review Approval prqcess for the lots in Phase III . (Leave spaces blank where they do not apply.) Improvements Time for Completion Street 'grading Street base Street paving Curbs, gutters, and culverts • 'Sidewalks Storm Sewer facilities Retention ponds Ditch improvements Sub—surface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house cone) On—site Sewage facilities On—site Water supoly and storage Water mains • Fire hydrants Survey & street monuments t. boxes Street lighting • Street name signs Fencing requirements Landscaping Park improvements SUB—TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension oft time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot bit met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • Date: , 19 —12- 871256 •• • 110.23.3$4/ I33I.Az• • • d .l a:yet;:as�•,9�s :# a I I 'Ii8'at !!!Ei`j4 Hrn :c.:i 0 I JO. ',it'll?!c 0. Pear I • J1 O 63� i t EYY Mg` a I ' ' am I �Ai��ill'll 1"yb I E ==o .iii' Jy : II • —i Le, P41.AW IlfXR:,�lovil veil I O I i,t ; e,p� . I I _,.i�t • i li 11 I 1 t V. t II 5eo 8 yi t, 1 =t`; til Rio I.-./_—' — •2w 2 •2N 3 a z U u i I __— I I m p m 1Y —v. L. c.:.3 -----A r— co t �\\ y • 1 -- ill [ — II BUJ -a :[„ .r �c E =r I .. t1 i I ; I � .N X. I g■`� 4{ ' ��11 • I ' I I D II I ti. IV� I I. 4 YI ` • I ___,..„.A._ • "i4I • g; 8±;g _ pe l t. I I ;;- I t H II �ytY �F r� O • 1 +r` tw i` I : I Ifi N tlryl \ 4 \ Vol iF ,I C� •I tia u se � � a- lt O .]r V. O =A =ir + ' < 1 I al 689 r CIiI 1 kr! ;?! el i 1 0 ,- z "7-1I-) ll ar ar t s i5 I4 � I iyiUlic -IT li ,U I • " ci I J 1'2 1. 4 li I. I I 1 weer l 47 :.I I I I t t_ = t SOOT l'IS•H 1331.331 Pi ;a:S:4)sii p 1 x 1 • ,� �•.. . f I ri KYYYYY YYtYIii F• r , • n •r • ; t C -t, ;ri-sr 9 g, I Et $g , Q .i -__ �()� ' htr •cJ.:.:i=ii�y QQQQI5,Q;Qt�V S t .y �ti1 7 g I. � I YY•YY,YYI,Y9 HE F i• :,14,-- I`V . �} 9i;:1i5t ¢ QSQIQ;111Msir Q S r • 3 4see422GY25 •,f = ; 9 3 p e •tis44Z L_ WILMAR SUBDIVISION COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT 1. PARTIES. The parties to this Road Maintenance Agreement are the COUNTY OF WELD, STATE OF COLORADO (County) and WILMA J. OASE and MARTIN OASE (Subdividers). 2. RECITALS AND PURPOSE. Subdividers have applied to the County for the subdivision of 80.479 acres of I-3 zoned land, to be called the Wilmar Subdivision. The parties agree that the proposed subdivision shall at some point in time cause an increase in traffic and such that the existing county roads may require additional maintenance and/or upgrading. The purpose of this Agreement is to set forth the terms and conditions of the Subdividers ' agreements entered into that will be binding on the lots and their subsequent owners concerning the mainte- nance and/or upgrading of Weld County Roads 11 and 12. 3. THE PROPERTY. The property affected by this Agreement sought to be platted as the Wilmar Subdivision, consists of 13 lots in the North Half (N-1/2) of the Northeast Quarter (NE-1/4) of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colo- rado. 4. ROADS AFFECTED. The roads affected by the terms of this Agreement are Weld County Road 12, from the east edge of I-25 frontage road east to the center of Road 11, and Weld County Road 11 from the intersection of Road 11 and Road 12 south to the southern boundary of the Oases' property as described in paragraph 3 above. 5. PRIMARY ACCESS. The primary access route to the subdivision will be Weld County Road 12 to the west from I-25 Frontage Road, with secondary access from Weld County Road 11 to the north and south. 6. AGREEMENT BINDING ON SUBDIVIDERS AND SUBSEQUENT LOT OWNERS. The following agreements shall apply to all of the Wilmar Subdivision, are covenants running with the land, and shall be binding on the Subdividers -+4 and on all persons who subsequently become owners of lots, or portions of lots, within the Wilmar Subdivision. It is the intention of the Sub- dividers that the obligations set forth in this Agreement shall be bind- ing on all owners of lots, or portions of lots, within the Wilmar Subdi- vision and that the cost of complying with or performing the obligations set forth herein shall be allocated to the owners of lots, and burden lots in the subdivision, based upon the ratio of the square footage owned to the total square footage of lots within the Wilmar Subdivision. As lots are sold in the Wilmar Subdivision, the Subdividers shall be re- lieved of their personal liability and responsibility with respect to any lots sold, provided that no default then exists, and their successors in interest as owners of such lots shall be personally responsible for performance in accordance with this Agreement during the period of their ownership. 871256 It shall be the duty of the subdividers and of each owner of any lot, or portion of any lot, in the Wilmar Subdivision as to his pro rata share of the total cost: 6.1 To contribute to the repair of damage to the affected roads caused by their use or attributable to the Wilmar Subdivision, as provided by the laws of the State of Colorado. 6.2 To pay a reasonable portion of the cost of ordinary repair and maintenance of the existing affected roads based on the percentage . of the trips generated by the Wilmar Subdivision over the total trips p r day on such roads, pursuant to an a tablished county policy permitting the charging of property owner§ for mai,ntelnance costs. - Maintenance shall not include snow removal . This obligation shall terminate with respect to any portion of the affected roads for which the County has accepted maintenance responsibilities, 6.3 To establish a Wilmar Subdivision Owners' Association in the form of a non-profit Colorado corporation which shall have the authority and responsibility for carrying out the terms and condi- tions of this Agreement on behalf of the lot owners as well as the authority and responsibility for assessing the individual lot owners for their prorata share of the cost of compliance. Each owner of a lot, or portion thereof, in Wilmar Subdivision shall , by acceptance of his deed for such lot, be deemed to have accepted this provision requiring membership in the Wilmar Subdivision Owners' Association. 7. IMPROVEMENTS. The parties agree that the use of Roads 11 and 12 may increase due to the subdivision development such that improvements must be made to protect the health, safety and welfare of the residents. The parties further agree that any improvements shall be made in response to the actual impact as determined in the manner and according to the sched- ule described below. 7. 1 Impact Determination. The County shall place traffic counting devices on the subject roads to determine the number of trips per day. 7.2 Schedule of Improvements. The following is a schedule of improvements to be performed by the County upon the level of traffic generated. (a) Present traffic to 500 trips per day. No improvement is necessary, however, Subdividers agree to provide dust control on the affected roads through the use of any commercially acceptable material upon notification by the County that such steps are necessary. (b) 501+ trips per day. The County may, at any time after this threshold is reached, pave the affected roads. Subdividers agree to contribute $2,000.00 per lot to the County's construc- tion fund. The contribution per lot shall be due and be paya- ble upon the sale of each lot. These payments shall constitute Subdividers' complete obligation for the costs of improvements on the affected roads. 2 871256 8. BINDING EFFECT--COVENANT RUNNING WITH THE LAND. All of the Property affected hereby shall be subdivided, held, sold, and conveyed subject to the terms and conditions contained in this Agreement. These terms and conditions shall run with the land and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of any and each owner thereof. 9. EXPIRATION. This Agreement shall expire upon the annexation of the Subdivision into any town, city or municipality. 10. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees pre- paid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agree- ments or understandings. This Agreement may be amended only by an in- strument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. DEFAULT. Time is of the essence, and if any payment or any other condition, obligation or duty is not timely made, tendered or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the nondefaulting party, in which case, the nondefaulting party may recover such damages as may be proper. If the nondefaulting party elects to treat this Agreement as being in full force and effect, the nondefaulting party shall have the right to an action for specific performance or damages or both. 14. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 15. ATTORNEYS' FEES. If any party breaches this Agreement, the breach- ing party shall pay all of the nonbreaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceed- ings are instituted. 3 0 71256 • • 16. DATED. , 1987. COUNTY OF WELD, STATE OF COLORADO By Address: Telephone: ATTEST: Secretary Martin Oase Wilma J. Oase Address: Telephone: SDF:mj AGMTS4 050487 050587 050787 052087 070887 070987 071087 071687 071787 083187 090287 4 • • DECLARATION OF RESTRICTIVE COVENANTS OF THE WILMAR SUBDIVISION 1. DECLARANT. Martin Oase and Wilma J. Oase (hereinafter "Declarant") as the owners of the real property subdivided and platted as the Wilmar Subdivision, Weld County, Colorado, make this Declaration of Restrictive Covenants for the Wilmar Subdivision (hereinafter "Subdivision) in order to create a planned business community. 2. DEFINITIONS. 2.1 "Lot" means any plot of land shown as a lot on any recorded Plat of the Property. 2.2 "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any Lot, but shall not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a mortgagee or beneficiary under a deed of trust, unless and until such person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.3 "Property" means that certain real property subject to this Declaration described as the Wilmar Subdivision, Weld County, Colorado, consisting of Lots 1-6, Block 1 and Lots 1-7, Block 2. 3. BINDING EFFECT. Declarant hereby declares that all of the Lots in the Subdivision shall be held, sold, and conveyed subject to the easements, restrictions, covenants, and conditions contained in this Declaration and in the Plat, Plans and Specifications approved by Weld County, which are for the purpose of protecting the value and desirabil- ity of the Property, and any additional property which is submitted to this Declaration from time to time. These easements, covenants, conditions and restrictions shall run with the land and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and their tenants, employees, guests, and invitees, and shall inure to the benefit of each Owner thereof. 4. ASSUMPTION OF OBLIGATIONS. The Declarant has entered into certain agreements with Weld County concerning the Subdivision. These agreements consist of a Road Improvement and Maintenance Agreement (Exhibit A attached), Sewer System Agreement (Exhibit B attached), Erosion Control Plan (Exhibit C attached) . Declarant has also obtained Geologic Hazard Permits for Lots 4 and 5, Block 1 (Permit Guide attached as Exhibit D) . The covenants and agreements contained in Exhibits A through D are hereby declared to be covenants running with the land and shall be binding on the owners of the Lots. As lots are sold, the Declarant shall be relieved of the obligations contained in Exhibits B through D with respect to that Lot, provided the Declarant is not then in default. If a 871256 default does then exist, Declarant shall not be relieved of obligation until default is cured. The Declarant's obligations under Exhibit A shall expire as provided in Exhibit A. 5. USE RESTRICTIONS. 5.1 General Use, Compliance with Zoning. All Lots shall be used and/or occupied in compliance with the ordinances, resolutions and policies of the County of Weld, or the laws of Colorado or of the United States. 5.2 Prohibited Uses. No site or lot shall be used for any purpose or business which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes, or noise. 5.3 Abandoned or Inoperable Vehicles. Abandoned or inoperable vehicles shall not be stored or parked on any portion of the Property. "Abandoned or inoperable vehicle" shall be defined as any vehicle which has not been driven under its own propulsion for a period of one week or longer. 5.4 Condition of Property. The owner of any site or lot shall at all times keep the premises, buildings, improvements, and appurte- nances in a safe, clean condition and comply in all respects with all government, health, fire, and police requirements and regula- tions; and the owner will remove at his or her own expense any rubbish of any character whatsoever which may accumulate on such site or lot. 5.5 Construction Period. If, after one year from the date of issuance of building permit(s) to an Owner of a Lot the construction of a permanent building has not been completed upon such lot, the Declarant hereby retains the option to rescind such contract, refund the purchase price, and enter into possession of such land. However, the Declarant may extend in writing the time at which such construction may be begun. 5.6 Compliance with Longmont Fire Protection District. All property in the Subdivision shall be used, built upon or otherwise occupied in compliance with the Longmont Fire Protection District Rules and Regulations. 5.7 Drainage. Property Owners shall be bound by the drainage plan contained in the Subdivision Plans and Specifications as approved by Weld County, Colorado. 6. PARTIAL INVALIDITY. The invalidation of any one of the restrictions herein set forth or the failure to enforce any of such restrictions at the time of its violation shall in no event affect any of the other restrictions nor be deemed a waiver of the right to enforce the same thereafter. 7. AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the Subdivision for a term until January 1, 2007, after which time they shall be automatically extended for successive periods of time of ten years each. This Declaration may be amended during the first 871256 2 • • period by an instrument signed by the 65 percent of the Owners. Any amendment must be recorded. Amendment of the Declaration to correct technical errors or for clarification may be made unilaterally by Declarant without obtaining the consent of the Owners. 9. ENFORCEMENT. The Declarant or any Owner shall have the right to enforce these covenants against any Owner, and any Owner shall have the right to enforce against the Declarant, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Weld County shall have the right to enforce against the Declarant or any Owner the covenants, agreements or obligations contained in the documents attached as Exhibits A through D and/or set forth on the Plat, Plans and Specifications approved by Weld County. Failure by the Declarant 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. Reasonable attorneys' fees and costs incurred in enforcing these Covenants shall be recovered from the party breaching same. DATED: , 1987. Martha Oase Wilma J. Oase SDF:bs SDFD 030687 030987(a) 070287 072487 871256 3 • EXHIBIT A S WILMAR SUBDIVISION COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT 1. PARTIES. The parties to this Road Maintenance Agreement are the COUNTY OF WELD, STATE OF COLORADO (County) and WILMA J. OASE and MARTIN OASE (Subdividers). 2. RECITALS AND PURPOSE. Subdividers have applied to the County for the subdivision of 80.479 acres of I-3 zoned land, to be called the Wilmar Subdivision. The parties agree that the proposed subdivision shall at some point in time cause an increase in traffic and such that the existing county roads may require additional maintenance and/or upgrading. The purpose of this Agreement is to set forth the terms and conditions of the Subdividers' agreements entered into that will be binding on the lots and their subsequent owners concerning the mainte— nance and/or upgrading of Weld County Roads 11 and 12. 3. THE PROPERTY. The property affected by this Agreement sought to be platted as the Wilmar Subdivision, consists of 13 lots in the North Half (N-1/2) of the Northeast Quarter (NE-1/4) of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colo- rado. 4. ROADS AFFECTED. The roads affected by the terms of this Agreement are Weld County Road 12, from the east edge of I-25 frontage road east to the center of Road 11, and Weld County Road 11 from the intersection of Road 11 and Road 12 south to the southern boundary of the Oases' property as described in paragraph 3 above. 5. PRIMARY ACCESS. The primary access route to the subdivision will be Weld County Road 12 to the west from I-25 Frontage Road, with secondary access from Weld County Road 11 to the north and south. 6. AGREEMENT BINDING ON SUBDIVIDERS AND SUBSEQUENT LOT OWNERS. The following Igreements shall apply to all of the Wilmar Subdivision, are covenants running with the land, and shall be binding on the Subdividers and on all persons who subsequently become owners of lots, or portions of lots, within the Wilmar Subdivision. It is the intention of the Sub- dividers that the obligations set forth in this Agreement shall be bind- ing on all owners of lots, or portions of lots, within the Wilmar Subdi- vision and that the cost of complying with or performing the obligations set forth herein shall be allocated to the owners of lots, and burden lots in the subdivision, based upon the ratio of the square footage owned to the total square footage of lots within the Wilmar Subdivision. As lots are sold in the Wilmar Subdivision, the Subdividers shall be re- lieved of their personal liability and responsibility with respect to any lots sold, provided that no default then exists, and their successors in interest as owners of such lots shall be personally responsible for performance in accordance with this Agreement during the period of their ownership. 871256 It shall be the duty of the subdividers and of each owner of any lot, or portion of any lot, in the Wilmar Subdivision as to his pro rata share of the total cost: 6.1 To contribute to the repair of damage to the affected roads caused by their use or attributable to the Wilmar Subdivision, as provided by the laws of the State of Colorado. 6.2 To pay a reasonable portion of the cost of ordinary repair and maintenance of the existing affected roads based on the percentage of the trips generated by the Wilmar Subdivision over the total trips per day on such roads, pursuant to an established county policy permitting the charging of property owners for maintenance costs. Maintenance shall not include snow removal . This obligation shall terminate with respect to any portion of the affected roads for which the County has accepted maintenance responsibilities. 6.3 To establish a Wilmar Subdivision Owners' Association in the form of a non-profit Colorado corporation which shall have the authority and responsibility for carrying out the terms and condi- tions of this Agreement on behalf of the lot owners as well as the authority and responsibility for assessing the individual lot owners for their prorata share of the cost of compliance. Each owner of a lot, or portion thereof, in Wilmar Subdivision shall , by acceptance of his deed for such lot, be deemed to have accepted this provision requiring membership in the Wilmar Subdivision Owners' Association. 7. IMPROVEMENTS. The parties agree that the use of Roads 11 and 12 may increase due to the subdivision development such that improvements must be made to protect the health, safety and welfare of the residents. The parties further agree that any improvements shall be made in response to the actual impact as determined in the manner and according to the sched— ule described below. 7. 1 Impact Determination. The County shall place traffic counting devices on the subject roads to determine the number of trips per day. 7.2 Schedule of Improvements. The following is a schedule of improvements to be performed by the County upon the level of traffic generated. (a) Present traffic to 500 trips per day. No improvement is necessary, however, Subdividers agree to provide dust control on the affected roads through the use of any commercially acceptable material upon notification by the County that such steps are necessary. (b) 501+ trips per day. The County may, at any time after this threshold is reached, pave the affected roads. Subdividers agree to contribute $2,000.00 per lot to the County's construc- tion fund. The contribution per lot shall be due and be paya- ble upon the sale of each lot. These payments shall constitute Subdividers' complete obligation for the costs of improvements on the affected roads. 2 871256 • • 8. BINDING EFFECT--COVENANT RUNNING WITH THE LAND. All of the Property affected hereby shall be subdivided, held, sold, and conveyed subject to the terms and conditions contained in this Agreement. These terms and conditions shall run with the land and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of any and each owner thereof. 9. EXPIRATION. This Agreement shall expire upon the annexation of the Subdivision into any town, city or municipality. 10. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees pre- paid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agree- ments or understandings. This Agreement may be amended only_ by an in- strument in writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. DEFAULT. Time is of the essence, and if any payment or any other condition, obligation or duty is not timely made, tendered or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the nondefaulting party, in which case, the nondefaulting party may recover such damages as may be proper. If the nondefaulting party elects to treat this Agreement as being in full force and effect, the nondefaulting party shall have the right to an action for specific performance or damages or both. 14. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. IS. ATTORNEYS' FEES. If any party breaches this Agreement, the breach- ing party shall pay all of the nonbreaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceed- ings are instituted. y 3 871256 • i 16. DATED. , 1987. COUNTY OF WELD, STATE OF COLORADO By Address: Telephone: ATTEST: Secretary Martin Oase Wilma J. Oase Address: Telephone: SDF:mj AGMTS4 050487 050587 050787 052087 070887 070987 071087 071687 071787 083187 090287 4 871253• • • EXHIBIT B AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County") . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Oases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: HILMAR SUBDIVISION, N-1/2 of NE-1/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4. 1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition, the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1)(a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet, Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. 8'71.256 • 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense; therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmar Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ- ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse— quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 2 87125 Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: . Notary Public 3 871`:56 • • STATE OF COLORADO 1 ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of Weld, Department of Health. Witness my hand and official seal . My commission expires: Notary Public SDF:bs AGMT3 111486 111886(a) aT- 871256 4 • EXHIBIT C • WILMAR SUBDIVISION EROSION CONTROL PLAN The development of each lot within the Wilmar Subdivision shall conform to U.S. Soil Conservation Service Standards regarding temporary and permanent ero- sion control . The existing vegetative cover consists of dry land pasture grass. The site will remain essentially undisturbed except for the areas of Wilmar Drive and the detention pond on the northeast corner. A detailed drainage report and drainage plan are attached. Detention ponds are shown on the plan. Permanent erosion control shall consist of the following: 1. In the event that animals other than domestic pets are to be housed on any of the lots platted in the Wilmar Subdivision, they must be confined by means of a fence or other comparable barriers and shall have a plan by which permanent vegetative cover shall be maintained. 2. Increased drainage runoff shall be managed through the use of on- site detention ponds as shown on the drainage plan. The increased runoff shall be diverted by borrow ditches along Wilmar Drive, detained in the ponds as shown and released at its historic rate into the existing off-site system of borrow ditches and culverts. Rip rap shall be provided at culverts as shown on the plan. 3. Grassed drainage ways along Wilmar Drive shall be seeded with Lincoln Smooth Brome at a rate of 13 lbs/acre of pure live seed between October 31 and April 30. Temporary erosion control shall be provided until that time. Side slopes shall be a maximum of 4:1. 871256 4. All other areas disturbed during construction shall be landscaped or graded and seeded to Luna Pubescent Wheatgrass between October 31 and April 30 at a ratio of 9 lbs/acre of pure live seed. Temporary erosion control shall be provided until that time. Temporary erosion control measures shall be required during construction until permanent measures can be established. These shall consist of: 1. The use of windbreaks (i.e. snow fencing) shall be used to miti- gate the erosion of the ground surface until permanent cover can be established. 2. Erosion control of disturbed areas until appropriate time to establish permanent cover shall consist of either seeding with Forage Sorgum at a rate of 10 to 15 lbs/acre pure live seed from June 1 to July 1 or mulching at a rate of 2 tons/acre of clean straw from July 1 to October 31. 3. Straw-bale dams shall be placed along drainage ways until per- manent cover is established. See drainage plan for location and description of dams. 0111256 EXHIBIT D GEOLOGIC HAZARD DEVELOPMENT PERMIT PROCEDURAL GUIDE The purpose of this packet is to provide an applicant for a Geologic Hazard Development Permit information on the review process, the application submittal requirements, and the responsibilities of the parties involved. This packet is organized as follows: I. A brief explanation of the process for reviewing a Geologic Hazard Development Permit Application. II. An outline of the determinations to be made by the Department of Planning Services in reviewing an application for a Geologic Hazard Development Permit. III. Application requirements for a Geologic Hazard Development Permit. The applicant is encouraged to contact the Department of Planning Services staff to resolve any question which might arise at any time in the process. In particular the applicant is encouraged to keep in close contact with the Depart- ment of-Planning Services staff once an application has been submitted to keep abreast of any developments pertaining to the case. I. Review Process for a Development Permit Request Sections 27 and 52 of the Weld County Zoning Ordinance detail the procedure to be followed in processing a Geologic Hazard Development Permit Application and the responsibilities of the applicant and the Department of Planning Services staff. The following brief description is a synopsis of those sections of the Zoning Ordinance (available at the office of the Weld County Department of Planning Services) . as- Once a complete application for a Geologic Hazard Development Permit is submitted, the Department of Planning Services staff does the following: A. Refers the case to applicable agencies for their review and comment. B. Review the proposal for conformance with the standards set forth in Sections 27.4 and 52.2 of the Weld County Zoning Ordinance. C. Notify the applicant in writing of the decision reached regarding the Geologic Hazard Development Permit. D. If approved, attach a copy of the certification of approval of the Geologic Hazard Development Permit to the appropriate building permit. 871256 • • Geologic Hazard Development Permit Procedural Guide Page 2 II. Standards. The Department of Planning Services shall not issue a Geologic Hazard Overlay District Permit until it has determined that all applicable standards specified in this Section have been met by the applicant. A. Applicants seeking a permit to develop in a regulated geologic hazard area must demonstrate to the Department of Planning Services through required maps and reports that all significant geologic hazards to public health and safety and to property shall be minimized by using mitigating techniques. These maps and reports shall be certified by a registered professional engineer who shall certify that the design of the proposal ensures the protection of human life and property from the adverse impacts of geologic hazards to the greatest extent possible. B. Any construction approved by the Department of Planning Services within a regulated geologic hazard area shall be supervised by a qualified professional engineer. Engineering techniques to mitigate geologic hazard conditions at the site shall be employed. C. Qualifications of Investigators. All geologic maps and reports required by these regulations shall be prepared by or under the directions of, and shall be signed by a professional geologist as defined by Sections 34-1-201, et. seq. , Colorado Revised Statutes 1973. All engineering work required by these regulations shall be prepared by or under the direction of a registered professional engineer as defined in Section 12-25-101, et. seq. , Colorado Re- vised Statutes, 1973. III. Application Requirements. Geologic Hazard Overlay District Development Permit applications submitted for review shall include the following in- formation. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and`had approved by the Department of Planning Services written justificati as to why a particular requirement does not pertain to the proposed development. A. A map portraying the geologic conditions of the area with particular attention given to the specific regulated geologic hazards. The map shall be delineated in "drawing ink on mylar or other drafting medium approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty- six (36) inches. The map shall be prepared at a 1" = 100' scale and shall include the parcel in question, as well as features within 500 feet of the parcel boundaries. The scale of the map may be reduced or enlarged upon approval of the Department of Planning Services. Such map shall also include: Geologic Hazard Development Permit Procedural Guide Page 3 1. A certified boundary survey of the property for which application is made. Bearings and distances of all perimeter boundary lines shall be indicated outside the boundary lines. 2. The topography of the area at ten (10) foot contour intervals or at intervals as determined by the Board of County Commissioners or its authorized representative. 3. Existing structures and landscape features, including the name and location of all watercourses, ponds, and other bodies of water. 4. Proposed building locations and arrangements. 5. The legend shall include a complete and accurate legal description as prescribed by the development permit application form. The description shall include the total acreage of the surveyed parcel. 6. Certificates. (1) Engineer's Certificate; (2) Surveyor's Certificate. 7. Title, scale and north arrow. 8. Date, including revision dates if applicable. 9. Such additional information as may be required by the Board of County Commissioners. B. A geologic report explaining the above maps with particular emphasis on evaluating and predicting the impact of such geologic conditions on the proposed land use changes and developments. The report shall also include recommended mitigating procedures to be employed in meetin the intent and purposes of this regulation. Specific requirements of said report are listed below. 1. Ground Subsidence Areas. Applications for development in ground subsidence areas shall include, but not be limited to, the following information or data, where applicable. a. Amount of material removed or materials subject to volume decrease. b. Interval between the ground surface and the location of void space or materials subject to volume decrease. 8? ^,5 C • • Geologic Hazard Development Permit Procedural Guide Page 4 c. In poorly consolidated aquifers, the effect of pore fluid withdrawal. d. In wind deposited silt (loess) areas, and areas of predominantly fine-grained colluvial soils, the amount of wetting the area is subject to and its effect. e. In areas of soluble materials, the effect of wetting. f. In areas of underground mining, data regarding air shafts, haulage ways, adits, faults, rooms and pillars, and final mine maps. g. Building type and proportion. h. Pertinent geologic and hydrologic factors of the area. i. Test hole and well log data. j. Mitigation techniques that will be employed, including effectiveness and estimated cost of such techniques. k. Pertinent historic factors including, but not limited to, past occurences of ground subsidence in the area proposed for development. rt v r .A.ti0{) AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County") . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Oases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: WILMAR SUBDIVISION, N-1/2 of NE-1/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4.1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition , the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1)(a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet. Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. U �tii�J0 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense; therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmar Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ- ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse— quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 871256 2 • • Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: Notary Public 87123 3 STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of Weld, Department of Health. Witness my hand and official seal . My commission expires: Notary Public SDF:bs • AGMT3 111486 111886(a) 871256 4 Hello