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CURVE DELTA RAOIIS ARC CHORD TANGENT CHORD BRG 28 554616- 1500 14.60 1403 794 N 621905E 1 970007 21000 32987 29898 21000 N 4447'470 29 430747 17150 12910 12607 8778 N 8045 07E W N 2 9700 07 240 00 376 99 339 41 240 00 N 44 47470 30 59'47'17 81 98 64.67 61 78 35 63 S 89'04'4018 3 5705 37 270 00 245 18 237 1842 270 N 64 44'5TW 32 30'39'59- 43109 190.21 285 40 101.89 5 8727 271 WILLOW I L L 0 W SPRINGS 4 375437 27000 27843 17539 19272 N 184459W 32 1130'12" 42167 29448 28431 151.23 23 5 6728'13'W 5 375127 27000 178 63 8175390469 9272 N 1844'590 }} 1130'17 420 67 8448 84 JI 42 JJ N 072812"0 (n 6 400000 270 00 18850 18469 9827 S 19.4747E 34 7740'57 13929 188% 17472 11216 N 7526.25E LA 7 4000 00 240 00 187 55 164 17 87 35 5 1947.47E 35 9954 19 59 05 10297 90 41 70 28 5 8557 29'W 8 4000'07 21000 14861 14365 7643 5 1947.47E 38 274924- 38622 18755 185 71 9568 5 5900.09E Q 0. Z " 9 1425'50- 27000 8800 6782 3418 5 OT00'476 ESTATES _10 SO527 27000 2398 2397 1200 5 194617E II f-p = N 11 202850 27000 9651 9600 4878 5 29'3327E F, () al O 12 554610 1500 1160 14 03160 794 N 1151'390 10lIIf,I1Vl1 LLI 13 118'17'05 6500 13419 11160 10879 5 4310'0YE LINE BEARING DISTANCE r I tw 14 291 32'37 65 00 330 74 73 13 44 22 N 5012 13E 1 5 7711 05E 114 16 Z 40"� 15 603004" 6500 31 5 18 701 8 4568 1 1&54'496 2 N 6101'476 8121 20 LOTS ZONED ESTATE = 87.2295 ACRES E.2 4- ;2,0, 're Q F 2N 18 6935'11' 6500 3554 7186 542 68376 14 1951.476 3 S 6101491 6121 17 7711'17 6500 89 83 8285 5376 N 5558'2739 4 N 690840E 6798 18 00000 1500 2356 2121 15005451213"W 6 563 13.170 4307E 14503 3 OUTLOTS = 16.9873 ACRES �w Ow- '^ m,o 20 970000 1500 2356 2121 1500 5 4447'47E 7 N 403559E 10432 - ROAD ROW = 4.7958 ACRES a tj i° �I 1 21 554910 1500 1460 1403 794 N 615630W 8 N 3600'17E 9680 (n 0030 I Z 22 2913237 6500 33074 7312 4422 N 0712.17E 9 5 4405.29E 11839 TOTAL PLATTED AREA = 109.0126 ACRES =��°�°� a o� 23 554616- 6500 6327 6080 3439 5 6154'30E 10 S 715457E 12645 tO0. w 24 6342 07 65 00 72 27 68 00 40 38 N 5821 12.E 3 0x0= 25 4508 11- 65 00 51 21 49 89 27 01 9 03.56'07E 12 S 0012 1 SW 112 73 SET 24.OF/{REBAR WITH PLASTIC -I 0 m 0 W_ 28 7109'47" 6500 8073 7564 4650 N 654 2I93W 13 5 8934'290 5000 T J UT Z 27 5546'19 ES DO 6327 6080 3439 5 05-39 14 5 7318'41-E(NR)5716 it INDICATES IbUND/1 REBAR WITH PLASTICI STAMPED LS 20685 C CAP STAMPED IS 20685 J mpzOm N 6219 0 15 N 3747'470 2445 4C 0.O INDICATES WETLANDS 3 100. a f SCALE 1-100' (R) RACIAL FOUND 4 REBAR -- 100 53-0 - -100 BM - �p (NR) NON RADIAL -- NO ST COR OF _ AND 24-6-67 02103REPLACE WTIH/B REBAR SALE IN FEET STATE HWY 392 'D 3 1/.-ALUM GAP 6520685 ` _ _— _— -- —_ —- ___ __— _ _ _ �E%STIVG ROW UNE _-_ _ _- II - _ 50 DE7CATED ROW - I` /I BY"EPARATE DEED {{((��``1wf -••N 30 DEDICATED ROW -\,6 _, BY SEPARATE GEED 6~ s4 NOT INCLUDED IN 3" THIS SUBDIVISION ,/,......-- - (, N C35 \ \\ I 1` �` \_�� CENTERLINE GREf(Ey (y \ I ��•� I _`__ �C30\ / C32 NO 2 0� V/ Lti [3 _ - \qL r r4 6701, C29 C31 C,T3�L6 oUTLOT A 03 6 9 .^_, OUTLOT 'A' -'1 f - "s,5jf c36 [10� �l n - 178 0089Q'1TE722B00 C. 14.0333 ACRES 67" w ea ` '1=3j�`` S 6.9 5-- p10r} 5 8953 OTW 579 15 a9'\ i — -----� yi'L� \ r\ — 301]0 �-- 237 F N 994)4718 \�C, I I— 4. 31 r 118 00' \ �, / I I I I I \\lee%, 113 I III \ 4 \\ \\ sI IP, LOT 19 m In 4442, ,I� LOT 18 5.4368 ACRES \\ ' LOT 1 \ 1 LOT 20 I I" 4.3742 ACRES 2 Io III III �, 3 n 2.6420 ACRES I I 4 4814 ACRES I " 1" H 1$ o I nl I I 20 UTILfY,IRRIGATION----�( i5�11�R1/i-- I, I 0 L 5 694747E __J' Iry o1� 1 )CE EASEMENT J ......---","-11 ;j122 p0'N 20 UNLITY IRRIGATION--J S &DRAINAGE EASEMENT W F Jae 00 "i- - -- /pM1'Ii LGe -/--11 s mss 45E (11000.) I I —40):0(1— I L -- -- J I T u a 0 m C"O 894/'416 /3666 328 Bfi 46 ' W m P _ _ S 8447 47 E 946 00 _ - G ry„� h 8°,91 I LOT 2 I en �p N 8047479 73858 PONDEROSA TRAIL (60' ROW) c›, " I LOT 17 $ OpB90_—-__ 318 9fi _ 2 6693 ACRES n r——— — r ———--—— U`\ I I 6.4967 ACRES 2)2 I t7:::, I I �G,1 r/ \\�\ I I,, �T1�L 0 I 40 UTILITY IRRIGATION 47 L.\[&DRAINAGE EASEMENT In I2 " I I I I I \\\.. II a Q o LOT 14 20 UTILITY,IRRIGATION—�L \ \ r J \\ In &DPAINACE EASEMENT 2 2 8I T�a\24\\ .4 A e 3.3116 ACRES y' Ia (TYPICAL) TC- r 10 1 r--- &�e7 cl ZS EASENEM 9\ \ ry a40 UTIL(h' IRRIGATION, o II: LOT 15 5 0512N2 III 4-,--Qr',?51,,i,,\ m"1 TO THE SOUTH \ bo I j—&DRs'4AGE EASEMENT 0 I 4 7112 ACRES I I \\\ V 0 I TO THE NO15 ERTH l \ EXISTING DITCH \\\ \ \ I LOT 3 Im IN rr\�7a -48-2 I g I \\\\ N ° \ 2.5374 ACRES In I �J\4'H, \zg` I ,r ^ 111 \\ , I� ;_ 677200 0 0400441124.8_____\\\ 1 W A our 2,, I ^I X74', 6449 Ac pt,_ J \ i0 THE SOUTH 7 JO9\N\0/o. Z ! LOT 16 ! r—��f0`28 \ I I LOT 13 ////\�''sa�/ IIII 11 2961 ACRES o/ s mO_ �`&2\ S \vim 2 9554 ACRES /// \ \� s f■(Ia Z 17 0(Np 1' , I Ab // 15'EASEMENT-_—" \''(/`7a J I\ o 1 1 _ ) t,. w \ >.//i� TO THE NORTH J .8- 3� './ 1:' ,/�o hs 11 Pm In LOT 4 /S \-7 3 2.7587 ACRES \' s /// LOT 12 //// �yJV 1,1 1r S"S / sfe,, /// 2.9954 ACRES /"/ \�� l \\\\T___409144-2,37 34 -+s1—20 UTILITY.IRR'GATION / / \1,C..+�9"/ 6y /// e 4.\J &DRAYAGE EASEMENT '0,:"V'''," C \ 20'UTILITY IRRGATON 6/ \4' S 8934296 I 79480 (TYP,CAL) L/ // \q C f \�&DRANAGE EA^,EMEM 5°/ S \ LI— Z N hq�} \ 'S't.,\,,,,,\ (TYPICAL) // / n C 1 r 3 / /S—'o q �\ // LOT 11 / / \\\ 1 1 O `b o i/ 2.8097TACRES ///^\ Aso:e\\ /// 3.0191 ACRES //// \ \ I, a V / / / ��s ,p' v / / / \' II LOT 10 8 o Si/// \��e�� \ N,/ etc \-\ III 7.5306 ACRES ii ��n(,,'� / \ a -', \ / 4 \ \,,./7 15 THE NORTH H I 1 F \ W 4S/ ' Z \`J�\ ti '-' * 'l, ' ;//e 0 LOT 6 '/\ y.'" e'°� //// 84 ,\ 1\1 r� J a\\J rye:.+ �/ 2.6803 ACRES /// \ eee'R \ /// �_ \_ --14L —I M 2-,5,, W W J.", .V// y \ / / \`'S'P\ \/// i'\ 5 8934 299 I}11{''1' 640 00 g �y0 v W Jr •// v- v- 5%/// \$ '� X995 \ \\I I4.4-__5_01 I� .� W y W ✓- W �y6 /g/ \� rC e j\�/%�%S TS}1�W ART 25.EASEMENT TO THE SOUTHJ\\\ I"5 O2M2YE I Q y \4 \ W 4' J' / /y LOT 7 / 65' \,,,,x d.,TAA 1\1 1 o '' J / 2.6810 ACRES / / N r \y III I 0 mg W W <\ W/ \ / / p, \";\ m n W WETLANOSW J' W f\ /W W \ 5�/// \ �� LOT 9 \ \, 111 (/ 8.9535 ACRES \ \\ I`I J' J' J- .P J. J. X4/,0%. \ /2505 \\,—J��749s—an o 8 \� A V — W W A' W �� W //� LOT \4 f�✓D\ 13 N 843429E 40000 15886 I I O F. (HELOT / o W �k / / 2.8890 ACRES \,,, I "' J• J. J' J. J• / \2 W cl DETENTION AREA "I� g'aW W J' * \/� —_�'P ' \ of o OUTLOi A' o II.' I W \_ J' "L— _ I 871 53 g} r 350 18 1808 oE 113/ n N 8734..E 5 84<V, 2181 45 —_——_——— N 893429E TPOB 110372' /34' 1103]3' FOUND/4 R180 W/CAP WEST 1/4 COR SECTION 24-6-6] S $9`14'28"W LS 20684 FOUND 2 1/7"PIPE WR14 3 1/4-ALUM CAP SOUTH UNE OF THE NORTHWEST 0000110 RESOLUTION RE: APPROVE SUBDIVISION PRELIMINARY PLAN - EUGENE L. AND PAMELA HABROCK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 3rd day of November, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Eugene L. and Pamela Habrock, 8374 Weld County Road 64, Windsor, Colorado 80550, for a Subdivision Preliminary Plan on the following described real estate, to-wit: Part of the WI NWt and part of the E4 NW'y of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Eugene Habrock, said applicant, was present, and WHEREAS, Section 6 of the Weld County Subdivision Ordinance provides standards for review of said Subdivision Preliminary Plan, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 6.1 and 6.2 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 6.3. 1.9 of the Weld County Subdivision Ordinance as follows: a. The proposed Preliminary Plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate Zone District and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. PL0898 931128 )L 0c q SUBDIVISION PRELIMINARY PLAN - HABROCK PAGE 2 b. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. c. The proposed individual sewage disposal systems for the Subdivision shall be installed according to Weld County Health Department regulations. d. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirement of the proposed use. e. Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way adjoining the property to Highway 392 shall provide access to the subdivision. f. Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. g. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. h. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. i. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. j . The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. k. The Utility Coordinating Advisory Committee reviewed and conditionally approved the utility plan map at its September 23, 1993, meeting. 931128 SUBDIVISION PRELIMINARY PLAN - HABROCK PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Eugene L. and Pamela Habrock for a Subdivision Preliminary Plan on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Uses permitted within the subdivision shall consist of E (Estate) uses as listed in Section 36 of the Weld County Zoning Ordinance and described in the application materials. 2. The subdivision shall be served by a single access road which adjoins State Highway 392 to the property. The deed for the 30-foot and 50-foot strips making up this right-of-way shall be executed and referenced at Final Plat stage. 3. The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for use by the public. The access and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. 4. A maximum number of 20 lots, as shown on the Preliminary Plan plat, shall be allowed in the subdivision. 5. North Weld County Water District shall provide domestic water to the subdivision. 6. Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. 7. All lots within the subdivision shall comply with the requirements of the Windsor/Severance Fire Protection District. 8. An access permit issued by the Colorado Department of Transportation is required prior to any change of use on the property. 9. The applicant/owner shall obtain necessary permits from the Department of the Army, Corps of Engineers, if a proposed activity requires the placement of temporary or permanent dredged or fill material into the wetland areas of the property. 10. The Subdivision Final Plat submittal shall include the following: a. Access and drainage information as required by the Colorado Department of Transportation in correspondence dated September 17, 1993. 931128 SUBDIVISION PRELIMINARY PLAN - HABROCK PAGE 4 b. Street and bridge construction and road base information as required by the Weld County Engineering Department in a memorandum dated September 22, 1993. c. Test results indicating soil classifications on the property. d. Details regarding the detention pond located on Lot 9: i) a method for long-term maintenance by the Homeowners Association; ii) access for the maintenance of the pond; and iii) easements for the pond. e. Documentation demonstrating compliance with recommendations of the Storm Lake Drainage District as stated in a letter dated October 4, 1993. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D. , 1993. 1') BOARD OF COUNTY COMMISSIONERS 474,11 /0//ida.44ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. rbert, Chairman / J// J ea) Deputy Clerk to the Board/ W. / Webster, P -TJe�m APPROV S TO FORM: e"jr C . eorge Baxt r ` l ounty Attorney Dale K. Hall i. c /WitJ. Kirk Ifer-/ . �c� Barbara J. Kirk ye 931128 HEARING CERTIFICATION DOCKET NO. 93-85 RE: SUBDIVISION PRELIMINARY PLAN - EUGENE L. AND PAMELA HABROCK A public hearing was conducted on November 3, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated October 13, 1993, and duly published October 21, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Eugene L. and Pamela Habrock for a Subdivision Preliminary Plan. Bruce Barker, County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Ms. Dunn said the 10-acre parcel is to be developed into 20 lots and submitted a letter from the Storm Lake Drainage District. She confirmed, on behalf of Chairman Harbert, that there were drainage concerns at the Change of Zone stage; however, this letter confirms there are no objections and matters are being resolved. Gene Habrock, applicant, was present and answered questions from the Board. He confirmed for Commissioner Baxter that the two wells in the cement structure are on the property and would be upgraded and used for irrigation purposes on the lots. In response to a question from Commissioner Kirkmeyer, Ms. Dunn stated the Planning Commission' s resolution requires details of the detention pond at the Final Plat stage. At the suggestion of Commissioner Hall, Mr. Habrock agreed to include the weed law in the covenants, and he indicated the complete project would be seeded to alfalfa this spring to eliminate weeds. Mr. Barker stated the requirement is not necessary on this plan, but it would need to be included at the next stage. He said he would work with the applicant on the language concerning the statutory reference. In response to a question from Commissioner Baxter concerning the bridge, Mr. Habrock said the drawings are complete and preliminary approval received from Drew Scheltinga, County Engineer. He said they have everything but the steel, and the project should be finalized within a couple weeks. Pat Fabrizius, surrounding property owner, explained she is building a new home in the area and questioned the use and location of the pond. Mr. Habrock explained the pond would be used to catch waste water and would be located in the southeast corner of the property. Ms. Fabrizius also stated concerns about the type and price range of the homes. Chairman Harbert confirmed the homes are to be not less than 1600 or 1800 square-foot, two- story homes, with attractive exteriors. After further comments by Ms. Fabrizius, Commissioner Hall moved to approve the request of Eugene L. and Pamela Habrock for a Subdivision Preliminary Plan, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Baxter, and it carried unanimously. 931128 RE: HEARING CERTIFICATION - HABROCK PAGE 2 This Certification was approved on the 8th day of November, 1993. /!�/� ��/ A APPROVED: ATTEST: I / S�/ //. .G BOARD OF COUNTY COMMISSIONERS WET4 COUNTY, COLORADO Weld County Clerk to t e Board (71/ '' p �L// / By: C<--4-ev� p r eta Constance L..�jHabent, Chairman Deputy Cler to the Board 44 , W' j , W. H. ster, Pr Tem TAPE #93-38 7/ ea, c rge . Baxter DOCKET #93-85 a e K. Hall PL0898 / A ,/-4 ara J. Kirkmey r 931128 `Y A T T E N DANCE RECORD . HEARINGS ARE AS FOLLOWS ON THIS 3rd DAY OF November 1993: DOCKET P 93-85 - Subdivision Preliminary Plan, Eugene and Pamela Habrock DOCKET 0 93-76 - Special Review Permit (USR #1026) - Howard and Jeannine Enos DOCKET 11 93-77 - Special Review Permit (USR #1027) - Howard and Jeannine Enos DOCKET 11 PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING t�11aj/j4 (t !J `} lLG l A ,•—' I✓ D"IL, fIU., alit r/ c. „ ,1 T / c).?-76, —7\ <tc ,nc�� l� �1 � (ALA?, Litt 7,2 �-' lr';'i� S�- �� :��rl �� /lr . -err_ S NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following Subdivision Preliminary Plan are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 93-85 Eugene L. and Pamela Habrock 8374 Weld County Road 64 Windsor, Colorado 80550 DATE: November 3, 1993 TIME: 10:00 A.M. REQUEST: A Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the Ws NW* and part of the Ez NW* of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge, Deputy DATED: October 13, 1993 PUBLISHED: October 21, 1993, in the Windsor Beacon AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, h'BITH HANSEN, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said . weekly for_ _successive weeks, that the notice was published in the regular and entire issue of every HODGE ytw•ar«e.r1u► number of the paper during the period and time of Pmomme rim aims iIOlt ss'taritll1,M•Yllammt. L T publication, and in the newspaper proper and not in a the StOInt aftweemeele +eld OlYllzobntm.be kept during the hear ''o101ilSeai t suwla•rlTtarTwa supplement, and that the first publication of said notice County B th•c to 7M Board's APPLICANT:lupine L and Highway «t;IMO 10 MOM was in said paper bearing the date of the Ml trees h I ONk•shall be•hied In Pamela Heroic 8374 Wild Weld County Road 21 of the Sol gird of Coon WrNlnp of euoh agi•n•t coumy Rand p".Winder, oZ/ da of O f it-e t-- , A.D., 19 and Commis one's M Watd;least/M dame M6r to tad Cobrado 88188 BOARD O F COUNTY y County, Colorado, Weld heating. The cost of - COMMISSIONERS,WELD the lastpublication the date of the comity canters c,,, • engaging•court reporter DATE:November 9,1903 COUNTY,COLORADO bearing 818 mesa FM mem I shelf be borne by the OreS•y.Colorado,at the leilisildne WS TIME:10d1oa. BY:DONALD D.WARDEN, day of , A.D., 19_ and Tim*SW. All persons 'In a BE;IT ALSO KNOWN that REQUEST:ASubdivision TTO THE ELO LOBO CLERK ARD that the said WINDSOR BEACON has been published the follow) S iths text es Pnuminaray P1u�hI ua' orrtn.aby+»11wema°aDwat°, P'•�wN'vlrtr � continuously and uninterruptedly for the period of 5 mty LEGAL DEBocroN:. BY:Unda M.Dodpt Deputy consecutive weeks, in said County and State, prior to the be4nrtad------•at ''Matrra sd IaaIAosor Part of the W 1/2 NW 1/4 DATED: October 13, date of first publication of said notice, and the same is a ba Meat. 'tad Clerk to the Board of and Part 24,ToZNW 1M 1W3 show dt•apAl•IMa1,yW ''� Commissioners, of swoon 2e,Toapnhip sMINWed newspaper within the meaning of an Act to regulate ttw M warty IITSCI�Ip s %WIN & Patted Inwwindag. printing of legal notices an9,/advertisements, approved -- iw1pI:hill rY Cam' is. a OMB"„' May 18, 1931, and all prior a is ar as in force. ../)/ Pr LI HER Subscrt d rd sworn to before me this / day of C/ 19_ 3 X- OZA:Innio _ NOTARY PUBLIC My commission expires j2/ / 9g . 931.'_29 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-85, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this / X, day of Z , 1993. (->11-10--229 Deputy Clerk to the Board Henry Stromberger, Jr. Howard and Associates, Ltd. 11095 Hwy 392 518 17th St. , Suite 640 Windsor, CO 80550 Denver, CO 80202 Freida Stromberger Eugene L. and Pamela A. Habrock 10595 Hwy 392 8374 WCR 64 Windsor, CO 80550 Windsor, CO 80550 Robert and Olga Lorenz 4945 Gray Street Denver, CO 80234 Timothy and Lana Stutzman 2107 50th Avenue Greeley, CO 80634 Lee W. Detterer 31815 WCR 66 Greeley, CO 80631 Joseph and Judy Sandoval 11492 Hwy 392 Windsor, CO 80550 Boyd and Allison Meyer PO Box 96 Johnstown, CO 80534 Art and Pat Fabrizius 13037 WCR 80 Ault, CO 80610 Dennis and DeeAnn Beaman 11092 Hwy 392 Windsor, CO 80550 Charles and Clara Collopy 2118 Country Club Cove Ft. Collins, CO 80524 97 ,_29 .rr......+' h 1,r III Ijl Ns 0' ,:111(773 [' o (N I A I (ci9CD Likti Ill L, -,s. d c O IW — U {y t e (4 6c ‘d+ o w a• z +J 'oo ✓ U a) C4 q U 3 • w • ul v w CO w w r-I H a m C7 R N M W (I) CO ( CO N 88gs o0 i , c, m 9a.DS- 9 Storm Lake Drainage District 32382 WCR 23 Windsor, CO 80550 November 2, 1993 Weld County of Colorado Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Re: Willow Springs Subdivision To Whom It May Concern: Storm Lake Drainage District hereby accepts the drawings dated August, 1993 by The Engineering Company. We have no objections regarding the platting of this property based on these drawings. Sincerely you 26,/ /, y,� ,712-e-C /!-rga- Lee Detterer, President Harold Klaus Storm Lake Drainage District Storm Lake Drainage District 9'1 '129 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING October 5, 1993 Page 6 CASE NUMBER: S-345 APPLICANT: Gene Habrock REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23 . Gene Habrock, applicant, explained this will be Estate zoning of 20 lots south of the #2 ditch. The Sketch Plan and Change of Zone has already been approved. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Lee Cuter, District President, Storm Lake Drainage, was concerned about the impact the subdivision might have on the drainage district. He wants to ensure the subdivision will have only one vote, not fourteen. Discussion followed. Tim Stutzman, surrounding property owner, expressed concerns about water running onto his property. Ric Picard, an Engineer representing the applicant, said there is no reason why they can' t adhere to their request. A detention pond will be built. The Chairperson asked the applicant if he had any concerns regarding the Department of Planning Services' staff recommendation. Gene Habrock said no. Bud Clemons moved Case Number S-345, be forwarded to the Board of County Commissioner' s with the Planning Commission' s recommendation for approval. Motion seconded by Shirley Camenisch. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ron Sommer - yes; Juliette Kroekel - yes; Bill O'Hare - yes; Shirley Camenisch - yes; Marie Koolstra - yes; Bud Clemons - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: S-344 APPLICANT: The Villa at Greeley, Inc. , c/o John T. Coppom REQUEST: A Site Specific Development Plan and a Planned Unit Development Plan (Ft. Junction, First Filing) . LEGAL DESCRIPTION: Part of the SW4 of Section 2, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 24-1/2 and east of and adjacent to the east I-25 Frontage Road. 931.42g BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons 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-345 NAME: Eugene L. and Pamela Habrock ._.fir ADDRESS: 8374 Weld County Road 64, Windsor, CO 80550 I REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section-24, _` T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 3/4 mile east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 6.1 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 6.3.1.9 of the Weld County Subdivision Ordinance as follows: - The proposed preliminary plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate zone district and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. North Weld County Water district has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. The proposed individual sewage disposal systems for the Subdivision shall be installed according to Weld County Health Department regulations. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirement of the proposed use. r hi 4, } 13 RESOLUTION, S-345 Eugene L. and Pamela Habrock Page 2 Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way adjoining the property to Highway 392 shall provide access to the subdivision. Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. - The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. - The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. The Utility Coordinating Advisory Committee reviewed and conditionally approved the utility plan map at its September 23, 1993, meeting. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: Uses permitted within the subdivision shall consist of E (Estate) uses as listed in Section 36 of the Weld County Zoning Ordinance and described in the application materials. - The subdivision shall be served by a single access road which adjoins State Highway 392 to the property. The deed for the 30 foot and 50 foot strips making up this right-of-way shall be executed and referenced at Final Plat stage. The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for use by the public. The access and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. 9:;14.29 RESOLUTION, S-345 Eugene L. and Pamela Habrock Page 3 A maximum number of 20 lots, as shown on the Preliminary Plan plat, shall be allowed in the subdivision. North Weld County Water District shall provide domestic water to the subdivision. Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. All lots within the subdivision shall comply with the requirements of the Windsor/Severance Fire Protection District. An access permit issued by the Colorado Department of Transportation is required prior to any change of use on the property. The applicant/owner shall obtain necessary permits from the Department of the Army, Corps of Engineers if a proposed activity requires the placement of temporary or permanent dredged or fill material into the wetland areas of the property. The Subdivision Final Plat submittal shall include the following: a. Access and drainage information, as required by the Colorado Department of Transportation in correspondence dated September 17 , 1993. b. Street and bridge construction and road base information, as required by the Weld County Engineering Department in a memorandum dated September 22, 1993. c. Test results indicating soil classifications on the property. d. Details regarding the detention pond located on Lot 9: a method for long-term maintenance by the Homeowners Association; access for the maintenance of the pond; and easements for the pond. e. Documentation demonstrating compliance with recommendations of the Storm Lake Drainage District, as stated in a letter dated October 4, 1993. Motion seconded by Shirley Camenisch. :37314,2r1 RESOLUTION, S-345 Eugene L. and Pamela Habrock Page 4 VOTE: For Passage Against Passage Richard Kimmel Ron Sommer Juliette Kroekel Bill O'Hare Shirley Camenisch Marie Koolstra Bud Clemons Judy Yamaguchi The Chairperson 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, Sharyn Ruff, Recording Secretary for 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 October 5, 1993. Dated the 5th of October, 1993. Sharyn F. Ruff Secretary S31.4.29 ADDITIONAL COMMENTS Eugene L. and Pamela Habrock S-345 In correspondence dated September 8, 1993, the Town of Severance responded that the proposal is not compatible with its interests. Traffic flow through the town with no traffic controls and little or no economic impact on the town were cited as reasons for this response. The Colorado Geological Survey, in a letter dated September 16, 1993, recommended that passive radon mitigation be incorporated into the design of all dwellings in the subdivision. C"4 4 2fi INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Eugene L. and Pamela Habrock Case Number: S-345 Submitted or Prepared Prior to Hearing At Hearing 1. Application 91 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. September 22, 1993, referral from Weld County Engineering Department X 12. September 18, 1993, referral from the Department of Transportation X 13. August 25, 1993, referral from the Department of Transportation X 14. September 10, 1993 referral from Weld County Health Department X 15. July 15, 1993, letter from Army Corps of Engineers X 16. September 9, 1993, letter from Windsor School District X 17. September 16, 1993, referral from the Colorado Geological Survey X 18. September 16, 1993, referral from the Town of Windsor X 19. September 8, 1993, referral from the Town of Severance X 20. September 7, 1993, referral from the Weld County Sheriff's Office X INVENTORY OF ITEMS Eugene L. and Pamela Habrock S-345 Page 2 21. September 21, 1993, referral from the Colorado Oil and Gas Commission X 22. October 4, 1993, letter from Storm Lake Drainage District X I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board' s office on September 8, 1993. it: __ . -- - Current Planer STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSC$IBED AND SWORN TO BEFORE ME THIS day of 1>kta V 19"1 3 y :SEAL ; s, y' 4‘ 1 I _44,Q9 eik)u6( U 1. 0 s ♦Y/ NOT Y PUBLIC o : / 496101V1i',ssion Expires NVOn (...i-A ICI IC 9. EXHIBIT INVENTORY CONTROL ,SHHEET Case .5.3VS- (. �1CizG L, V-- /ba /ai 21/4-A s-A Exhibit Submitted By Exhibit Description /1/4/O A. //al�r,my 5 . � A/y177 0Al—ien S 70 B. egnn/ry l Cr2rrrn, SC/67/2 £-sD/ittist 6/1 e/CN7rra'tod 6;1- C. ,�'�annin] 4227121( 55/dn't-- •��Yi.YrCL/� d ef-nri /1/1 D. l, rJG h 1)/ziret /Uziac_42.H., 9/42/--/y uy3 E. mh ghiti G Cep_( t-, F. G. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 831123 213 00 it Itt DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WIWWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8 UE 631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, October 5, 1993, at 9:00 a.m. for the purpose of considering a Preliminary Plan Subdivision for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Eugene L. and Pamela A. Habrock LEGAL DESCRIPTION: Part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Preliminary Plan Subdivision in the E (Estate) zone district. LOCATION: Approximately 2 miles east of the Town of Windsor. SIZE: 110 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 5, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by September 9, 1993. Received by: bi nglivirk_ Date: 931.'.29 t: DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 igimpWELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORA AVENUE GREELEY, COLORADO80631 COLORADO Date: September 3, 1993 CASE NUMBER: S-345 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 93X..4JGuA THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # 53`7/a THE SIGN WAS POSTED BY: cu ene (-• del--b t) NAMEJF PERSON POSTING SIGN SIGN E OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCR &SD TO ME THIS pi DAY OF i4rcfr?tck , 19 /r . SEAL 4coTii4 81A; ea° �wa� ,bait _`� OF Coo NOTARY PUBLIC MY COMMISSION EXPIRES f/n /z3, /9910 GJ LAST DAY TO POST SIGN IS: .Se�/ e4Y/ .. 2/" 07 / , 19 93. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. gT1r' ISEP 1 5 1993 , t' atr.... )'\A DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C 1400 N 17RA AVENUE RECEIVED GREELEY, COLORADO A80631 VENUE COLORADO SEP - 71993 CULU.on.&uMS GUNS.COMM. o E C E I V E Date: September 3, 1993 CASE NUMBER: S-345 SEP 2 4 1993 11 TO WHOM IT MAY CONCERN: Weld Coady Pinola. Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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, X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: �/J (/a ek., Agency: Coco. (9/4Co i4 c GA5 iS. Comm Date: SEP 2 1 1993 PRELIMINARY PLAN SUBDIVISION AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Part of the NW1/4 of Section 24, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of 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 under 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. The foregoing instrument was subscribed and sworn to before me thislst day of September , 1993. WITNESS my hand and official seal. My Commission Expires: October 23, 1993 {- Notary P is . : t � . % :) * PRELIMINARY PLAN SUBDIVISION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the NW1/4 of Section 24, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of 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 feet of the property under consideration. 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 days of the application's submission date. • The foregoing instrument was subscribed and sworn to before me this 1st day of September , 1993. WITNESS my hand and official seal. My Commission Expires: October 23, 1993 ... �, Notary P lic 9314_29 • a cat11414P DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3645, EXT. 3540 WE' D WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA AVENUE COLORADO 80631 COLORADO September 13, 1993 Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, CO 80550 Subject: S-345 - Request for approval of a Subdivision Preliminary Plan on a parcel of land described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Habrock: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, October 5, 1993 , at 9:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, September 23, 1993, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Severance and Windsor Planning Commission's for their review and comments. Please call Gene Rider, in Severance, at 686-1218 and Janet Carpenter, in Windsor, at 686-7476 for information regarding the date, time and place of these meetings and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. sf1.4,29 Eugene L. and Pamela A. Habrock September 13, 1993 S-345 It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to September 21, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than September 23, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, G o is Dunn rent Planner GD/sfr 831.4-21 ILITY SERVICE STATEMENT FOR SU VISIONS PRELIMINARY 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 EUGENE L. AND PAMELA A. HABROCK Name of Subdivision _ WILLOW SPRINGS Agent/Owner EUGENE L. HABROCK Name & Address 8374 WCR 64, Windsor, Colorado 80550 , ELECTRIC UTILITY COMPANY Approved b (Name) (Title at ) Subject to Disapproved by (Name) (Title) (Date) WATER L_ 1/ �. . 461/4 ty7 7pc 444 il/41d. k%tk'o k • a�,,s-J1), IC- Approved b 9 z me) (Title) ( ate H )4UGA/0 ,c1 C�ewG �^ Y YS- PV)34,,-; d 0 4177 6;t71,7 Subject to ,SIT() & Y i jikiKb. Sz°rvc y;02,0_ „5)41,07-,1 e Disapproved by _ (Name) (Title) (Date) SEWER Approved by /V/it / (Name) (Title) (Date) Subject to Disapproved by _ (Name) (Title) (Date) TELEPHONE COMPANY Approved by C/ ,G4iw _, (N e) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY Approved by Name) (Title) ( at ) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT Approved by fide i �S/Jt� ✓� 4O-2-93 Name (Title) (Date, Subject to Disapproved by (Name) (Title) (Date) a PRELIMINARY PLAN SUBDIVISION APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado PHONE: 353-3845, Extension 3540 FOR PLANNING DEPARTMENT USE ONLY: va CASE NO. APPL. FEE ZONING DISTRICT RECEIPT NO. /3(Z 6 DATE RECORDING FEE APPL. CHECKED BY RECEIPT NO. 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 a proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. If additional space is required, attach an addition sheet of this same size. NAME OF PROPOSED SUBDIVISION Willow Springs EXISTING ZONING ESTATE PROPOSED ZONING NA TOTAL AREA (ACRES) 110 ± NO. OF PROPOSED LOTS 20 LOT SIZE: AVERAGE 4.2 Acres MINIMUM 2.5 Acres UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME Private On-Site Septic GAS: NAME Public Service Company of Colorado PHONE: NAME U. S. West Communications ELECTRIC: NAME Public Service Company of Colorado DISTRICTS: SCHOOL: NAME Windsor School District RE-4 FIRE: NAME Windsor-Severence Fire Protection District DESIGNER' S NAME ADDRESS ENGINEER'S NAME ADDRESS FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Eugene L. and Pamela A. Habrock PHONE (303)686-2519 ADDRESS 8374 Weld County Road 64. Windsor, CO 80550 NAME PHONE ADDRESS PHONE NAME ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY Weld ) STATE OF COLORADO) .g.e.e.,-.1 X7 IC'eft-'0.-1e) �� S Si tune: Owner or Authorized Agent 4it �� efore me this 18th day of August 19 94 Subs z * r SEAL'S; p ".74)24-1z/ N 'r, of•••••• ' co'-o� OTARY PUBLIC '"yarn My Commission expires: April 23, 1996 Sketch Plan Comments March 22, 1993 No. 1 Storm Lake Drainage District The exact location of the drain tile has not been determined, but the approximate location is known from the topographical features which have been delineated for the two (2) foot contours which are shown on the preliminary plat. This location of this tile will be positively identified on the final plant. Since the location of the tile is currently planted in beets and digging at this time would ruin a lot of crops. No excavating will be done in this area until the tile has been located and it, together with the proper easement, is placed on the final plat. This tile is owned entirely by the present owners and the Storm Lake Drainage District has no say in the manner in which this tile is either maintained or dealt with. The drain tile in question does not adjoin any other tile nor does it affect the operation of any other drain tile. The tile on the Habrock property daylights approximately thirty (30) feet from the south property line of this property and has never been connected to the Storm Lake Drainage District. The historical voting of the Storm Lake Drainage District has been one vote per farm. We do not want to alter this. We have concluded that the best solution would be to have the Willow Springs Home Owner's Association vote as one. This would be accomplished by having the home owners decide their single vote and have the president of the association cast that one vote representing the association with the Storm Lake Drainage District. No. 2 Public Right of Way The fifty (50) foot right of way will be dedicated according to the delineation shown on the plat. We do not wish to use this right of way for open space. The agreements regarding right of way with option to buy have been exercised. The two strips (one thirty (30) feet to the west and one fifty (50) feet to the east have been purchased and will be dedicated as public right of way. The cross section of the roadway is identified in the drawings submitted. Plans are being prepared to reconstruct the bridge over the No. 2 canal. No. 3 Department of Transportation See letter dated August 25, 1993 from Teresa G. Jones of the Colorado Department of Transportation to Gloria Dunn of the Weld County Department of Planning Services, marked as Exhibit "A". No. 4 Cache La Poudre Irrigating Company On August 26, 1993, Gene Habrock spoke with Jeff Harbert, Superintendent of the ditch company, about how the preliminary plan had changed in context from what was shown on the sketch plan as to the addition of a common area between the No. 2 irrigation ditch and Lot 20. In further discussion it was determined by Mr. Harbert that the fencing would no longer be required due to the fact that there was now a buffer zone between the lots and the No. 2 irrigation ditch. No. 5 Soils Study and Geologic Conditions See Subsurface Exploration report by The Earth Engineering Consultants, Inc. which addresses the soils and geological conditions at the site, and percolation data from separate sites in the subdivision. If we disturb more than five (5) acres we will obtain the proper permits to do so beforehand. No. 6 Wetlands Determination and Delineation See attached Exhibit "B" and notation on the plat. No. 7 Weld County School District No. RE-4 Land Fee The cash in lieu of land fee for student growth impact has been waived the RE-4 school district as it is no longer required. No. 8 Water Service and Fire District An additional six (6) inch line is will be constructed to supply the water needs for the subdivision. This six (61 inch line will come from Weld County Road 70 and Weld County Road 23. The Windsor-Severance Fire Protection District is requiring the placement of three (3) fire hydrants on the subdivision plus a 20,000 gallon storage pond with a dry hydrant for fire protection in the subdivision. No. 9 Architectural Control See covenants, Article V, Section 4, "Architectural Control". See covenants, Article XII, "General Provisions". No. 10 Easements All easements are recorded on the preliminary plat and addressed in the covenants, Article VII, "Common Irrigation System and Related Easement". S r 1..23 Exhibit "A" STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Oz, Region 4 1420 2nd 5lreet P.O.Box 850 Greeley,Golor.do 80632-0850 Weld Co. , SH 392 (103)351-1232 Willow Springs Subd. Access Aligned with WCR 23 , S . Side S . of Severence August 25 , 1993 Ms . Gloria Dunn - Planner Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Ave. Greeley CO 80631 Dear Gloria, In my February 19 , 1993 letter to Lanell Adler of your Department I stated that traffic data must be provided in order that the need for acceleration and deceleration lanes could be evaluated. Data for the 20 unit single-family subdivision has been provided and reviewed. A right deceleration is warranted in accordance with the State Highway Access Code. However, due to the narrow width of right-of-way to the west of the property, construction of that lane is not feasible at this time. At such time in the future as sufficient ROW would become available, that deceleration lane should be constructed. No other auxilary lanes are warranted. • An access permit must be obtained from this Department. The specifics of access design can be covered by the application process. I had a visit from Mr. Gene Habrock, the applicant, today. We discussed the question of access . He stated that the County required something in writing to indicate that the auxiliary lane needs had been evaluated and resolved. I hope that this letter meets your requirements in this regard. Please contact me at 350-2163 if you have further questions. Sincerely, Te a Jones Region Develo nt/Access Coordinator TGJ xc: D. Yost EXHIBIT "A" G. Sisson file G. Habrock - Applicant EXHIBIT "A" gilt 27 Exhibit "B" EN � f DEPARTMENT OF THE ARMY 'b , /4/4",,,N`��11� AA CORPS OF ENGINEERS,OMAHA DISTRICT `;. TRI-LAKES PROJECT OFFICE,9307 STATE HWY 1 21 / LITTLETON,COLORADO BO123.6901 • i F �� /�•�� REPLY TO July 15, 1993 S[�T[s U�^ ATTENTION OF ��ta,�M Ms. Kate Willer ER0 1740 High Street Denver, Colorado 80218 Dear Ms. Willer: Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the wetland delineation for Willow Springs Subdivision/Windsor located in Section 24, Township 6 North, Range 67 West, Weld County, Colorado is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires the placement of temporary or permanent dredged or fill material into these waters, this office should be contacted for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. This letter is to also inform you that the proposed activity, assigned number 199380469, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Rex Fletcher of this office at 303-979-4120. Sincerely, Timo T. Car Project anager Exhibit "B" 921.29 19. We feel we are in compliance with the Weld County Comprehensive Plan. See attached resolution dated February 17, 1993, which states that "the proposal is consistent with the Weld County Comprehensive Plan, Agricultural, Residential, and Urban Boundary Goals and Policies." 20. In the rezoning phase and sketch plan process it was stated in the narrative that North Weld County Water District is willing and able to provide water for the project. As stated in the Preliminary Plan narrative a 6" water line will be extended from the intersection of WCR 70 and WCR 23. The existing 6" water line which we will extend is one (1) mile to the north of the Willow Springs project. 21 . The preliminary soils and percolation tests which were conducted by Earth Engineering Consultants of Fort Collins indicate that the subject property is capable of supporting individual septic systems. See Soils and Percolation Report. 22. The streets in the subdivision are adequate due to the soils report findings stating that they would support the construction of the streets and other highway facilities, including the amount of traffic anticipated. All streets and highway facilities will be built to Weld County standards. 23. The off-site highway facilities (Colorado Highway 392) will support all traffic created by the Willow Springs subdivision. 24. See drainage plan. These facilities will provide the necessary drainage and storm water management facilities as required by Weld County. 25. The subdivision will not cause an unreasonable burden on any local governments or districts as to water drainage, fire protection, hospitals, solid waste disposal or other services. All are available and within a reasonable distance from the proposed Willow Springs subdivision. 26. The Willow Springs subdivision is strictly residential. It will cause no air pollution other than that which is encountered in any residential subdivision. 27. The proposed Willow Springs subdivision conforms to the design standards of Section 10 by evidence of the drawings, narrative and covenants submitted to Weld County Planning Department which are in accordance with Section 10. 28. The Willow Springs subdivision is in harmony with wildlife and it's habitat. Whereas the property was formerly farmed with traditional row crops which provided little wildlife habitat, it will now be planted with trees and shrubs which will create more wildlife habitat. OrAl2fi 19. We feel we are in compliance with the Weld County Comprehensive Plan. See attached resolution dated February 17, 1993, which states that "the proposal is consistent with the Weld County Comprehensive Plan, Agricultural, Residential, and Urban Boundary Goals and Policies." 20. In the rezoning phase and sketch plan process it was stated in the narrative that North Weld County Water District is willing and able to provide water for the project. As stated in the Preliminary Plan narrative a 6" water line will be extended from the intersection of WCR 70 and WCR 23. The existing 6" water line which we will extend is one (1) mile to the north of the Willow Springs project. 21 . The preliminary soils and percolation tests which were conducted by Earth Engineering Consultants of Fort Collins indicate that the subject property is capable of supporting individual septic systems. See Soils and Percolation Report. 22. The streets in the subdivision are adequate due to the soils report findings stating that they would support the construction of the streets and other highway facilities, including the amount of traffic anticipated. All streets and highway facilities will be built to Weld County standards. 23. The off-site highway facilities (Colorado Highway 392) will support all traffic created by the Willow Springs subdivision. 24. See drainage plan. These facilities will provide the necessary drainage and storm water management facilities as required by Weld County. 25. The subdivision will not cause an unreasonable burden on any local governments or 9a14.2n districts as to water drainage, fire protection, hospitals, solid waste disposal or other services. All are available and within a reasonable distance from the proposed Willow Springs subdivision. 26. The Willow Springs subdivision is strictly residential. It will cause no air pollution other than that which is encountered in any residential subdivision. 27. The proposed Willow Springs subdivision conforms to the design standards of Section 10 by evidence of the drawings, narrative and covenants submitted to Weld County Planning Department which are in accordance with Section 10. 28. The Willow Springs subdivision is in harmony with wildlife and it's habitat. Whereas the property was formerly farmed with traditional row crops which provided little wildlife habitat, it will now be planted with trees and shrubs which will create more wildlife habitat. 931129 STATE OF CO'IIRADO CERTIFY' TE OF TAXES DUE \41 -......-- S.S. COUNTY Oi-WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TA NO. ., y.... r. . . ' ;:r.. PARCEL {?1 •I 1 1 2 .2:1 ?, 11 P'T. NW•INW 4 2 4 6 6:= LYING NG N OF NO.. 2 CANAL }0DO6 IJ ` NAME 62080724000044 F�' T:;i:::(:; NW C:(:11�ti ':3E::(:: THENCE �" � ' � :,cJ ' 'T'(:3 1'(:11:; l�If:3(:3);)•�9 ' ::. I:+EAMAN DENNIS 3 s;' T:}I:::c(-`NN ::47 ' N891):1.8 'E 778.42 ' S 340. 14 ' N 73D13'W 145.03 ' VENDOR '1•I-il:::i'ti;1::: AI...O CURVE TO LE.::l::'•T WITH RADIUS O1::• 531 .06 ' NO. ,., , c::<s}F:'SI?�:?��} `l� c��:�..' f THENCE!{:::1�1(';I::: f il...(::� EUGENE I••IfII�F�:OCK �iti::l...'Tf:,�::,yt;,D3 c••r , },,1:3..:?�? M/1203 CURVE TO I:::I:c,i-I'T Wi:'T'I••I RADIUS OF 114.29 ' D::50T)5:1. ' '01 .45 ' Nt}:L DO:I. 'W 81 .21 ' THENCE AL.G CURVE TO LEFT' .T' EXCEPT—.. ,r•, r• 169.02 ' ?:} ,�J}I):I.:1. 'W *1992*1992t TAXES $424.32 V I:'TH RADIUS 1 1 ..98 1t:::::�•�'D4r ' 67.93 ' THENCE ALL' CURVE T(:3 RIGHT WITH RADIUS OF: I. ..•i0 ' D=43.007' 53.82 ' I••1..'.l'1)4:1. 'W :I.3:.:5..t:•?? ' H'::)D:I.2 'i : 295. 19 ' TO (f':I.JI::. POD AKA LOT A RE(.: EXEMPT 1 I'\I::......I.:}£:3.I. •T(:1-T'(I... AMOUNT I)I.JE F:'c:iI: "fl--I:I:f:i PARCEL IS `-I>(?.•f:?f., TAX AUTHORITY 1...1.::VY TAX TAX AUTHORITY LEVY TAX . ••7 :1.:1.1:3.. :+1:3 SCHOOL 1?IST RE4 47..440 250.49WWELD COUNTY �:...��..�;��. NcW WATER 1 .000 5.28 NWC WATER WINDSOR SEVER I:: 1 .627 8.. ."..9 A:1:MS 3UNIOR COI... 6.345 :}.:}.. 5(. WINDSOR LIBRARY 1 .078 5.69 WEST Ol:'tEE1..EY SO .414 2. 19 This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. AUGUST 19, 1993 FRANCIS M.LOUSTALET 931.4.2q 2q :1992 TAXES PAID $424.32* TAE ER OF WELD COUNTY By -I/,11{I Ae rte« 67,v—) UTY STATE OF COI""RADO CERTIFI' TE OF TAXES DUE ` S.S. ttF��J COUNTY OF WELD i, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, as appears of record in the office,on the following described property,to-wit: YR NO. 23,„,.,...,.. 2 6 ... LYING SOUTH OF NO. : c::l'lAL. PARCEL ()1:I.:1.;:i�� :_:.,.�x.., ..(::: 1::•'(- I•Il.�l..d .<:.-d c�! 1... rJ.i�li:3 NAME 620807 24()()()046 R ( :I. ..81.R I IA>:E;(:T(:::l< EUGENE:: I... Prll•II:::I...A VENDOR NO. EUGENE I••lt.):R(:IC::K. EXCEPT--'TAXIES *1.992IAXI:::'::} `I>:t- ,O:I.#:3. :18 NORTHERN(HER1`I (::(:) WATE:R CONSERVANCY 1992. 'TAXES PA ID °I};'€4()..()() (6 X08(:?:74000046 WOO) STORMS LAKE DRAINAGE t(:'!1:': :1.'ir9::3 TAX1:::': f'AII) $274.00 (62 0,::30.:24000046 W60) TOTAL AMOUNT DUE FOR THIS PARCEL IS ;Ise')..00 TAB; AUTHORITY LEVY TAX 'VAX AUTHORITY LEVY TAX WELD COUNTY 22.457 284. 53 S(::I•-IO(71... D:I: .)T I:\E::4 4; 440 601 ..07 NC WATER :1 .000 12..67 i iwc WATER (;l:I l ID::1'F' '.:.1 VI:::R I- 1. .<<,27 20 ' I. A:INS JI.lt�I:I:OR C:OI... 6„34 80,. W:(:NDSOR I...:L' RARY :1. ..0'18 :1.3.66 WEST GREEI...EY SO ,.41.4 5.25 This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. AUGUST 19„ :1.'i''9 S FRANCIS M.LOUSTALET 1992 TAXES PAID $1 ,018. 18* THE U'ER OF WELD COUNTY ( 7 By )4../ DE TY iJ STATE OF COI ADO CERTIFI' ,'E OF TAXES DUE S.S. COUNTY Or WELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TR PARCEL 585686 231--: ti 6 67 (.:iR6D') PARCEL I. s:...>;?.I.f�...1:: 1::: :.1'11::.r� 23 NAME 62080723000025 I...1)1 t:::N/ k0itl:::R T' -' l:)1...GA W VENDOR NO. [1113 ENE 1.. I•IABR0(::1< N/1.h'C):I. T AXE:f:: :.60.. 1.2 1 l 11;1 I('i'AL.. AMOUNT DUE:: FOR •i I••i:1:1: I"'AR I:::I... :I:;:i 'J>t).( ) 'VAX X AL.I'T'I It:)F;::I:'T'Y LEVY 'T"AX TAX At.JTHOR:I:'T'Y LEVY TAX C::0 LINTY 22,,/4 T. ? :I.`6. 5.i S ' S'r R E d. / „:: i1 ..y..., i icw WATER :I. ..C)C)() 6..97 NWC ti.►A'T'E:R SE V E I. ,.62.7 .1.1. ..34 A I MS atLIN1 t:)R COI... 6..345 44 . 2 W:I:I'ax)St:)F;; I._:I:BF<ARR{Y :I. ..()'T}:; 5:1 WEST ORE E:Y SC) .,4:1.4 2,. This does not Include land or improvements assessed separately unless specifically requested.Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. '3 AI.II:atJ::i'T' :I.9:?.1 9:I. FRANCIS M.LOUSTALET 97. 1.429 9 :L992 'l A 1::.::3 PAID •.li560.. :1.2* TR RER OF WELD COUNTY By -e AC9, C-4.÷1 PUTY 13 1328 REC 02337880 06/21/93 16:15 "5.00 1/001 F 115 ARY ANN FEUERSTEIN CLERK & RECOR WELD CO, CO p2337HSD WARRANTY DEED THIS DEED, Made this 16th day of June, 1993 between Dennis J. Beaman and DeeAnn Beaman STATE DOCUMENTARY FEE of the County of Weld and Date �"l --7/-f 3 State of Colorado, grantor, and $ Eugene L. Habrock and Pamela A. Habrock whose legal address is 8374 weld County Road 64, Windsor, Colorad 80550 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of FOUR HUNDRED TWENTY THREE AND 22/100, ($423.22) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The surface only of the following described parcel: The West 50 feet of Lot A of Corrected Recorded Exemption No. 0 807-24-2-RE1381, recorded March 9, 1993 in Book 1373 as Reception No. 02324419, being a part of the NW1/4 of the NW1/4 of SectiOn 24, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as Vacant Land, Weld County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1993 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. i Dennis J. B n DeeAnn Beaman / STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before me County of Weld } this 16th day of June, 1993 by Dennis J. Beaman and DeeAnn Beaman Q 'a ofeiWin hand and official seal. on expires 44 23-9L VA p r • !`f OF coQ NOTARY UBLIC No. 921A. Rev. 3-85 B 1388 REC 02337879 06/21/93 16:15 $5.00 1/001 ANX337&79 F 1 ` MARY ANN FEUERSTEIN CLERK & REC ER WELD CO, CO WARRANTY DEED THIS DEED, Made this 16th day of June, 1993 between Robert Lorenz and Olga W. Lorenz STATE DOCUMENTARY FEE of the County of Weld and Date C9'&/-73 State of Colorado, grantor, and •$ /1 Eugene L. Habrock and Pamela A. Habrock whose legal address is 8374 Weld County Road 64, Windsor, Colorado 80550 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND 00/100, ($1,750.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all real property, together with improvements, if any, situate, lying and being in the County of weld and State of Colorado, described as follows: The surface only of the following described parcel: The East 30 feet of the North 700 feet of the NE1/4 of the NE1/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT that portion conveyed to Weld County for a public highway by right of way deed recorded Deacember 5, 1952 in Book 1345 at Page 163. also known by street and number as Vacant Land, Weld County, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1993 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Robert Lorenz &/1/v / n3 Olga We Lorenz STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me County of- } this 16th day of June, 1993 T64&so by Robert Lorenz an Olga W. Lorenz Witness my hand and official seal. My co ission expires /It pf; 3C NOTA P P BLI C,J No. 921A. Rev. 3-85 5 /29<- 871.4 21 CtateDocumentary Fee j 482280185 '. :_.;a -.. -..� F WARRANTY DEED Grantors, Charles Troutman Collopy and Clara Frances Collopy, whose address 2118 Country Club Cove, Fort Collins , County of Larimer , State of Colorado, 80524 for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to Eugene L. Habrock and Pamela A. Habrock, as joint tenants whose address is 8374 Weld County Rd 64. Windsor County of Weld , State of Colorado 80550 , the following real property in the County of Weld , State of Colorado, to-wit: That part of the West Half {W'} of the Northwest Quarter {NW;} and the West 825 feet of the East Half {Ez} of the Northwest Quarter (NWT} of Section Twenty-four {24}, Township Six {6} North, Range Sixty-Seven {67} West of the 6th P.M. , County of Weld, State of Colorado, Lying South of the Irrigating Canal No. 2, sometimes called the No. 2 Canal or the No. 2 Ditch. And together with access easement as dedicated across the West 30 feet of Lot A of Recorded Exemption No. 0807-24- 2-RE1381, recorded January 17, 1992 in Book 1323 at Reception No. 02275478, two irrigation wells, Well #1 013618-F and Well #2 013619-F, and 100 units of Northern Colorado Water Conservancy District allotment But excepting and reserving unto Grantors, an undivided one-half interest in all oil, gas, and other minerals in, under and to be produced from said property. Grantors specifically reserve all executory rights as to the leasing, exploration, exploitation, and production of all minerals, including existing leases and sand and gravel, in, under and to be produced from said property. This executory right will terminate when Grantors have no further ownership or lien rights as to the entire parcel of land presently owned by them in the NW; of 24-6- 67, Weld County, Colorado with all its appurtenances, and warrant title to the same, subject to all unpaid real property taxes, easements, roads, and rights-of- way in place or of record, patent and mineral reservations. Signed this 4th day of March , 1992 . Charles T man Collopy and Clara F ces Collo By: Gen . Fischer, Their Agent and A torney-In-Fact STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing document was acknowledged before me this 4th day of March , 1992 , by Gene E. Fischer, Agent and Attorney-In-Fact for Charles Troutman Collopy and Clara Frances Collopy. Jy Clz Witness my hand and official seal. 7Yr. \‘C' My commission expires: December 30, 1995 (sUeh\1) re or C\ NoPu ). Return to Fischer, Howard & Francis, Bo 506, Fort Collins CO 80522 53:31.4 2'3 B 1328 REC 02280185 03/05/92 15:53 $5.00 1/001 F 0213 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DATE: October 5, 1993 CASE NUMBER: S-345 NAME: Eugene L. and Pamela Habrock ADDRESS: 8374 Weld County Road 64, Windsor, CO 80550 REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 3/4 mile east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 6.1 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 6.3.1.9 of the Weld County Subdivision Ordinance as follows: The proposed preliminary plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate zone district and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. North Weld County Water district has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. The proposed individual sewage disposal systems for the Subdivision shall be installed according to Weld County Health Department regulations. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirement of the proposed use. Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way adjoining the property to Highway 392 shall provide access to the subdivision. 9311 29 RECOMMENDATION, S-345 Eugene L. and Pamela Habrock Page 2 Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff' s Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. - The Utility Coordinating Advisory Committee reviewed and conditionally approved the utility plan map at its September 23, 1993, meeting. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: Uses permitted within the subdivision shall consist of E (Estate) uses as listed in Section 36 of the Weld County Zoning Ordinance and described in the application materials. The subdivision shall be served by a single access road which adjoins State Highway 392 to the property. The deed for the 30 foot and 50 foot strips making up this right-of-way shall be executed and referenced at Final Plat stage. The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for use by the public. The access and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. A maximum number of 20 lots, as shown on the Preliminary Plan plat, shall be allowed in the subdivision. North Weld County Water District shall provide domestic water to the subdivision. 9C1.4_29 RECOMMENDATION, S-345 Eugene L. and Pamela Habrock Page 3 Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. All lots within the subdivision shall comply with the requirements of the Windsor/Severance Fire Protection District. An access permit issued by the Colorado Department of Transportation is required prior to any change of use on the property. The applicant/owner shall obtain necessary permits from the Department of the Army, Corps of Engineers if a proposed activity requires the placement of temporary or permanent dredged or fill material into the wetland areas of the property. The Subdivision Final Plat submittal shall include the following: a. Access and drainage information, as required by the Colorado Department of Transportation in correspondence dated September 17, 1993. b. Street and bridge construction and road base information, as required by the Weld County Engineering Department in a memorandum dated September 22, 1993. c. Test results indicating soil classifications on the property. d. Details regarding the detention pond located on Lot 9: a method for long-term maintenance by the Homeowners Association; access for the maintenance of the pond; and easements for the pond. e. Documentation demonstrating compliance with recommendations of the Storm Lake Drainage District, as stated in a letter dated October 4, 1993. ADDITIONAL COMMENTS Eugene L. and Pamela Habrock S-345 In correspondence dated September 8, 1993, the Town of Severance responded that the proposal is not compatible with its interests. Traffic flow through the town with no traffic controls and little or no economic impact on the town were cited as reasons for this response. The Colorado Geological Survey, in a letter dated September 16, 1993, recommended that passive radon mitigation be incorporated into the design of all dwellings in the subdivision. 8311.29 • c� DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAO AVENUE GREELEY, COLORADO80631 COLORADO Date: September 3, 1993 CASE NUMBER: S-345 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17 , 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. ,/ We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. Ike_ f<{oe-//////v�is {, �/L/*v f�/h/ai . �5e /,�,_ , h LI s km4 /)�3e E' vt Ci eQ(I°lel/ 4)rAvesc.ro/[ • 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 request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. K Please referto the enclosed letter. A . Signed: � o�lila -2 Agency: 12244 S�or n5 fire? use tusk Date: /f- y- ') 3 `x. 1,.29 October 4, 1993 • Subject: Storm Lake Drainage District pertaining to Habrock Developement To: Whom it may concern From: Storm Lake Drainage District Officers The following is information for your consideration. The Storm Lake Drainage system was installed in the early 1900's for the purpose of draining Storm Lake and draining seep water from the farms in the district. It was not intended to be used to convey tail water-irrigation run off-down stream and ultimately to the river. If there will be irrigation, especially flood irrigation by the acreage owner there will possibly be tail water to deal with along with the storm water and seep water. The seep water system should not be disturbed because the Haybrocks and all other district members do not own the seep water. The Number 3 ditch company along with one member, Tim Stutzman, who has pumping rights, own the seep water. You, therefore, have tail water and storm water to deal with. Because many of the farmers do use the drain line for tail water disposal, we would be agreeable to allow you that privilege also. That use would be limited obviously by the capacity of the existing line. According to your plan, you have made provisions for storm water run off by the use of a detention pond with an 18" discharge pipe. We are in agreement with the detention pond, but because there is no place to discharge, we request that you utilize a pump station to discharge the storm water into the Number 2 ditch. We would also request that the water level in the detention pond be kept as low as possible at all times and that the pond be lined with bentonite. Construction of the deten- tion pond and discharge should include grates and other safety features. 0CT0 r4 1993 Weld County Planning 947'x.'.29 Just as the Department of the Army does not want wet lands dried up, we farmers, too, do not want productive farm land seeped up. The day may not be too far away when farmers and tract owners will not be allowed to let tail water off their property- a matter to consider in this request. We agree that the voting should be as you proposed-one vote for the Habrock sub-division. We believe that these requests and proposals are fair, feasible, and functional. We are open to your constructive comments and discussion. Sincerely, Storm Lake Drainage District Chaim n Lee Detterer Sec/Treas. Tim Stutz n 931129 LAND-USE APPLICATION SUMMARY SHEET Date: September 28, 1993 CASE NUMBER: S-345 NAME: Eugene L. Pamela Habrock ADDRESS: 8374 Weld County Road 64 REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23. SIZE OF PARCEL: 110 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 6.3.1.9 of the Weld County Subdivision Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Health Department. 2. Weld County Engineering Department. 3. Weld County Sheriff' s Office. 4. Colorado Geological Survey. 5. Colorado Department of Transportation. 6. Windsor School District RE-4. 7. Towns of Windsor and Severance. 8. U.S. Army Corps of Engineers. The Department of Planning Services' staff has not received any objections from surrounding property owners. 931128 {r-k.N. t it. troll Roli ARI DATE: October 5, 1993 CA NUMBER: S-345 NAME: Eugene L. and Pamela Habrock ADDRESS: 8374 Weld County Road 64, Windsor, CO 80550 REQUEST: Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 3/4 mile east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 6.1 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 6. 3.1.9 of the Weld County Subdivision Ordinance as follows: The proposed preliminary plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate zone district and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. North Weld County Water district has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. The proposed individual sewage disposal systems for the Subdivision shall be installed according to Weld County Health Department regulations. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirement of the proposed use. Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way adjoining the property to Highway 392 shall provide access to the subdivision. 931128 RECOMMENDATION, S-345 Eugene L. and Pamela Habrock Page 2 Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff' s Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land and historical sites. The Utility Coordinating Advisory Committee reviewed and conditionally approved the utility plan map at its September 23, 1993, meeting. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: Uses permitted within the subdivision shall consist of E (Estate) uses as listed in Section 36 of the Weld County Zoning Ordinance and described in the application materials. The subdivision shall be served by a single access road which adjoins State Highway 392 to the property. The deed for the 30 foot and 50 foot strips making up this right-of-way shall be executed and referenced at Final Plat stage. The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for use by the public. The access and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. A maximum number of 20 lots, as shown on the Preliminary Plan plat, shall be allowed in the subdivision. North Weld County Water District shall provide domestic water to the subdivision. 331129 RECOMMENDATION, S-345 Eugene L. and Pamela Habrock Page 3 Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. All lots within the subdivision shall comply with the requirements of the Windsor/Severance Fire Protection District. An access permit issued by the Colorado Department of Transportation is required prior to any change of use on the property. The applicant/owner shall obtain necessary permits from the Department of the Army, Corps of Engineers if a proposed activity requires the placement of temporary or permanent dredged or fill material into the wetland areas of the property. The Subdivision Final Plat submittal shall include the following: a. Access and drainage information, as required by the Colorado Department of Transportation in correspondence dated September 17, 1993. b. Street and bridge construction and road base information, as required by the Weld County Engineering Department in a memorandum dated September 22, 1993. c. Test results indicating soil classifications on the property. d. Details regarding the detention pond located on Lot 9: a method for long-term maintenance by the Homeowners Association; access for the maintenance of the pond; and easements for the pond. 931128 ADDITIONAL COMMENTS Eugene L. and Pamela Habrock S-345 In correspondence dated September 8, 1993, the Town of Severance responded that the proposal is not compatible with its interests. Traffic flow through the town with no traffic controls and little or no economic impact on the town were cited as reasons for this response. The Colorado Geological Survey, in a letter dated September 16, 1993, recommended that passive radon mitigation be incorporated into the design of all dwellings in the subdivision. 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Habrock CASE NUMBER: S-345 REFERRALS SENT: September 10, 1993 REFERRALS TO BE RECEIVED BY: September 24, 1993 COUNTY TOWNS and CITIES i- Attorney Ault U.,7 X Health Department Brighton Extension Service Broomfield _ Emergency Management Office Dacono X Sheriff's Office Eaton X Engineering _Erie Housing Authority Evans -- --Airport Authority Firestone _Building Inspection _Fort Lupton Frederick STATE Garden City _Division of Water Resources _Gilcrest X Geological Survey Greeley /_Department of Health _Grover V, X Department of Transportation Hudson Historical Society Johnstown -- --Water Conservation Board Keenesburg Oil and Gas Conservation Commission _ _ Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _ _ Longmont Berthoud F-2 Mead t/ CaCle la, PenAsia _ Briggsdale F-24 _Milliken _ =Miryry• cO. _Brighton F-3 _New Raymer J Eaton F-4 _ _ Northglenn 3304-0 �Irtad Away _Fort Lupton F-5 Nunn P c Bo( 109 Galeton F-6 Pierce L.u[ernelCO Y040414 Hudson F-7 Platteville_ Johnstown F-8 CV Severance _ La Salle F-9 / Thornton Mountain View F-10 yeX Windsor -- --Milliken F-11 Nunn F-12 COUNTIES _Pawnee F-22 ____Adams Platteville F-13 ____Boulder _Platte Valley F-14 Larimer _Poudre Valley F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 ✓ X US Army Corps of Engineers X Windsor/Severance F-17 USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission X Greeley ✓ x Windsor School District RE-4 _Longmont X Storm Lake Drainage West Adams c/o Tim Stutzman 2107 50th Avenue COMMISSION/BOARD MEMBER Greeley, CO 80634 X Ron Sommer 931128 FIELD CHECK FILING NUMBER: S-345 DATE OF INSPECTION: September 15, 1993 APPLICANT'S NAME: Eugene and Pamela Habrock REQUEST: Subdivision - Preliminary Plan. LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 3/4 miles east of Windsor, south of Highway 392 and east of Weld County Road 23. LAND USE: N Greeley Canal #2, 2 residences, State Highway 392, agricultural production E Agricultural production, residence, Greeley Canal #2 S Agricultural production W Agricultural production, Greeley Canal #2 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The existing access is from State Highway 392 along a private road which aligns with Weld County Road 23. Greeley #2 Canal runs east-west along the northern boundary of the site. Uses of the property include agricultural production and vacant agricultural ground on the southwest corner (designated on plat as wetlands area) . Glor'a D nn Curre - Planner 931128 mEmoRAnDum I SEP 2 3 1993 ‘-‘1-1# � Weld County Planing Gloria Dunn Whip To Pla nin Date September 22, 1993 COLORADO From Drew Scheltinga Subject: Haybrock Preliminary Plat (Willow Springs Subdivision) S-345 The submittal information for the preliminary plat is complete and well done. My review comments are items that can be addressed at the final plat stage. Therefore, additional information or revised drawings are not necessary at this time. The Colorado Department of Transportation should review and comment on the new county road access onto State Highway 392. I am not reviewing that aspect of the application. Weld County will not maintain the WCR 23 access or the internal streets. However, all rights-of-way must be dedicated to Weld County for use by the public. That verbiage must be contained on the final plat. Also, the 30' and 50' strips for WCR 23 must be dedicated. The preliminary plat indicates they are dedicated by separate deed. That deed has to be executed and referenced on the final plat. The right-of-way radius for the cul-de-sacs is indicated as 65' on the preliminary plat and 60' in the road plans. 65' is the correct dimension and should be indicated on the final plat. The centerline radii for the curves on Stagecoach Road are not shown. The statutory speed limit for residential areas is 30 mph. The centerline radius for 30 mph should be at least 300' . I believe the curve at the northeast corner at Lot 1 is substantially less. The plans indicate a portion of Stagecoach Road is to be paved. I recommend it be paved completely through the curve at Lot 1. On Sheet 10 of 10 of the road plans, the typical access road section should indicate a minimum of 4" of aggregate base course. On the same sheet, the typical county road section should indicate 3" of hot bituminous pavement and 6" of aggregate base course as indicated in the soils report. Also, the 4' shoulder should be carried across at the 2 percent pavement cross-slope. The profile for WCR 23 indicates the bridge to be built at a flat grade and the grades to break on either side. One straight grade should be established and the bridge deck constructed at that grade. Page 3 of the soils report indicates tests have been performed to determine soil classifications. Copies of those tests should be submitted with the final application materials so the recommended designs can be verified. 931128 A detention pond is indicated for the eastern portion of Lot 9. Some method for long-term maintenance of the detention pond by the homeowners' association should be established. Also, easements for the pond and an access should be established to make maintenance possible. The drainage report indicates the detention pond will discharge into the existing underground drain system owned by the Storm Lake Drainage District. At previous hearings, the district voiced concern regarding this issue. I find no fault with the concept of the design. However, this is a change in the configuration of the historic drainage system and should be carefully reviewed by the Storm Lake Drainage District. The submittal information indicates the bridge over the No. 2 canal will be brought up to Weld County standards. Weld County follows the national standard established by the American Association of State Highway and Transportation Officials publication entitled "Standard Specifications for Highway Bridges" . It is my opinion the existing superstructure can be modified and widened for the new structure. However, the substructure is very old and needs to be replaced in order to accommodate the wider superstructure. This work will take substantial engineering and plan preparation which is not appropriate at this time. I recommend the design and drawings for the new structure be required as a condition of approval at the final plat stage. cc: Commissioner Baxter File S-345 mgloria.pds 9;31128 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ,� 'OT Region 4 1420 2nd Street P.O.Box 850 Greeley,Colorado 80632-0850 Weld Co. , SH 392 (303)353-1232 Willow Springs Subd. Access (Habrock property - Access to be new Stagecoach Rd. ) Aligned with WCR 23 , S. Side S. of Severence Road REVISION OF SEPTEMBER 17, 1993 LETTER (Destroy that prior correspondence, and replace with this letter. ) September 18 , 1993 --H>. Ms. Gloria Dunn - Planner Q t C I V S Dept. of Planning Services Weld County Administrative Offices SEP 2 11993 11 1400 N. 17th Ave. Greeley CO 80631 Weld County Dear Gloria, I have reviewed the Preliminary Plan for the Willow Springs Subdivision as received September 8 , 1993 . I offer the following comments in regard to this development: ROW It appears that the right-of-way along SH 392 has been appropriately covered. ACCESS As no auxiliary lanes can be constructed along the highway, the access will be a "simple" access. The applicant and the County should be aware that additional development in the area should not be planned to access 392 at this point without the addition of the necessary auxiliary lanes. My review of the plans for the access indicate that the grade has been properly planned (at approximately 2 % away from the highway) . The traffic counts anticipated for the subdivision require that the access width be between 25-35 feet in width. (The Plan indicates a 24 foot width. ) The 30 foot radius is appropriate. The surfacing design also appears to be adequate. An access permit must be obtained from this office. DRAINAGE Sheets 2 and 6 of the Plan show some mention of the drainage conditions to be changed within the state highway right-of-way. The details of these changes have not been adequately provided. All changes of drainage and structures in and near the ROW must be thoroughly described in future 931128 MS. GLORIA DUNN September 17, 1993 Page 2 of 2 Willow Springs Subdivision submittals for our further review prior to the application for access. Additional submittals of landscaping and utility plans should be provided for our review as applicable. Thank you for the opportunity to review the Preliminary Site Plan. I can be contacted at 350-2163 if you have questions. Sincerely, T asa G. Jones Region Devel tent/Access Coordinator TGJ xc: D. Yost G. Sisson file - For information only: The access is to be a public street, but will not be identified as WCR 23 . Street name to be Stagecoach Road. Street will be maintained by Weld Co. 931128 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION I OT Region 4 1420 2nd Street P.O.Box 850 Greeley,Colorado 80632-0850 Weld Co. , SH 392 (303)353-1232 Willow Springs Subd. Access Aligned with WCR 23 , S. Side S. of Severence August 25, 1993 Ms. Gloria Dunn - Planner Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Ave. Greeley CO 80631 Dear Gloria, In my February 19, 1993 letter to Lanell Adler of your Department I stated that traffic data must be provided in order that the need for acceleration and deceleration lanes could be evaluated. Data for the 20 unit single-family subdivision has been provided and reviewed. A right deceleration is warranted in accordance with the State Highway Access Code. However, due to the narrow width of right-of-way to the west of the property, construction of that lane is not feasible at this time. At such time in the future as sufficient ROW would become available, that deceleration lane should be constructed. No other auxilary lanes are warranted. An access permit must be obtained from this Department. The specifics of access design can be covered by the application process. I had a visit from Mr. Gene Habrock, the applicant, today. We discussed the question of access. He stated that the County required something in writing to indicate that the auxiliary lane needs had been evaluated and resolved. I hope that this letter meets your requirements in this regard. Please contact me at 350-2163 if you have further questions. Sincerely, Te s aG. Jones Region Develo ent/Access Coordinator TGJ xc: D. Yost G. Sisson of (�� 5C.7 — file `� l G. Habrock - Applicant AUG 2 7 1993 m lar;:1e1g 9,31128 mEmoRAnDum SEP , 5 c.1\ VIIDClvejal5nsflty lancing Q To Weld Gloria Dunn Dale Weld County Planning September ,a, 19.43 COLORADO From 7 U` Jeffrey L. Stoll, Supervisor, Environmental Foal W U Subject: Case Number: 5-345 Name: Habrock, Eugene L. & Pamula A. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An Individual Sewage Disposal System must be located at least 100 feet from any well. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JLS/jg-1776 931128 - ) 3 f,HT O➢ DEPARTMENT OF THE ARMY c�'""°"� �a'`"<k\IIfi��,�`�^� CORPS OF ENGINEERS.OMAHA DISTRICT ,^�� d a : ') 2 TRI-LAKES PROJECT OFFICE,93O7 STATE HWY 1 21 'ell lP LITTLETON,COLORADO 80123-6901 3 H ' . F a" eeF�rto July 15, 1993 •� l�ir•ri%u,^ MENTION OF V'Yr a^•n Ms. Kate Willer ERO 4 . 1740 High Street , Denver, Colorado 80218 ,y. Dear Ms. Willer: } Your project has been reviewed in accordance with Section 404 of the Clean Water Act under 5 which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the wetland delineation for Willow Springs Subdivision/Windsor located in Section 24, Township 6 North, Range 67 West, Weld County, Colorado is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires the placement of temporary or �i permanent dredged or fill material into these waters, this office should be contacted for proper Department of the Army permits. i This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. This letter is to also inform you that the proposed activity, assigned number 199380469, will not require a Department of the Army (DA) Permit. a I Although atilA Pita will not be requited for t e project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. 1 If there are any questions concerning this matter, please feel free to contact Mr. Rex Fletcher of this office at 303-979-4120. Sincerely, /- I T. Car Project anager 1 filf,M 7r.. T l_ Ai SEP 9 1993 Weld routtty Planning 931128 EDUCATION FOR LIFE W NDSOR Brian L.Lessman f Superintendent of Schools D SEP 1 U 1993 September 9, 1993 [i J Weld County Planning Weld Department Of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 TO WHOM IT MAY CONCERN: We have no objections to proposed application, Case S-345 as presented, but do wish developers to know that pick up for students to the Windsor School District will be along road WCR 23 . Current policy does not permit entry into subdivision cul-de-sacs. Students in this subdivision will walk or be transported by parents to an entry point on WCR 23 . This point of reference should be noted upon sale of lots to interested parties. Sincerely, Brian . Lessman Superintendent of Schools lb WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (303)686-7411 • Fax(303)686-5280 931128 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY wa. co� Division of Minerals and Geology Department of Natural Resources �.� r 1313 Sherman Street, Rm. 715 "reye" Denver,Colorado 80203 Phone(303)866-2611 FAX(303)866-2461 Roy Romer Governor vernor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowan State Geologist and Director September 16, 1993 WE-94-0007 Ms. Gloria Dunn Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Willow Springs Subdivision Dear Ms. Dunn: We have reviewed the materials submitted in support of the above subdivision as well as the general and engineering geology of the site. The report by Earth Engineering Consultants does a good job of characterizing the site and making appropriate recommendations to assure the success of this development. If their advice is followed, there should be no geology-related problems with this proposal. Additionally, as always, we recommend that passive radon mitigation be incorporated into the design of all dwellings in the event that it is determined to be a necessity after the homes are built and tested. Yours very truly, Jeffrey L yn Senior Engineering Geologist JH:B:\hd gRvCr \ • SEP2U1993 ! I • .. rn£t Planning nr�.lr� my 931128 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-345 for Eugene L. and Pamela A. Habrock in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 10th day of September, 1993. 931128 fileitt. ‘1 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140NUE 0 GREELEY, NORAO8631 COLORADO 80631 COLORADO DATE: September 10, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-345 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, October 5, 1993, at 9:00 a.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Eugene L. and Pamela A. Habrock FOR: A Subdivision Preliminary Plan LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Gloria Dunn, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 931128 Surrounding Property owners to Willow Springs Parcel Number Henry Stromberger, Jr. 080713000010 11095 Highway 392 Windsor, Co. 80550 Freida Stromberger 080714000009 10595 Highway 392 Windsor, Co. 80550 Robert and Olga Lorenz 080723000025 4945 Gray Street Denver, Co. 80634 Timothy and Lana Stutzman 080723000016 2107 50th Avenue Greeley, Co. 80634 Lee W. Detterer 080724000042 31815 Weld County Road 66 Greeley, Co. 80631 Joseph and Judy Sandoval 080724000041 11492 Highway 392 Windsor, Co. 80550 Boyd and Allison Meyer 080724000040 P.O. Box 96 Johnston, Co. 80534 Art and Pat Fabrizius 080724000045 13037 WCR 80 Ault, Co. 80610 Dennis and DeeAnn Beaman 080724000044 11092 Co. HWY 392 Windsor, Co. 80550 931128 Exibit "A" Mineral Ownership Willow Springs Subdivision Lessees of Minerals Charles and Clara Collopy 2118 Country Club Cove Fort Collins, Co. 80524 Howard and Associates, Ltd. 518 17th Street, Suite 640 Denver, Co. 80202 Eugene L. and Pamela A. Habrock 8374 WCR 64 Windsor, Co. 80550 931128 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO Date: September 3, 1993 CASE NUMBER: S-345 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. - Signed: Agency: a GEig Cr` Date: -5 SEP 2 0 1993 wpm pni=:ry Planning 931128 DEPARTMENT OF PLANNING SERVICES NID0 r �1 'gWA PHONE(303) 353- 45, EXT. 3540 400 N. 17TH L y WELD COUNTY ADMINISTRATIVE OFFICES C. SEP 1 b 1993 I GREELEY, COLORADO 80631E COLORADO Weld County Planning Date: September 3, 1993 CASE NUMBER: S-345 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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 ./6- 442- (is/is not) compat ble w th the interests of our town for the following re sons[: // ,, % �1 �. a, +a{( u (2&, J _.. iti- e2 LL�zZy..CC;ILI�I tld tU'''7/�L'L7'11f_Y1`]te-M.cL L1'� F'W d . 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: )V l/ctel' > el/t4' Agency: TOWN SEVERANtf P.O, 8O* +1 Date: 9-1- 9,./ SEMANGEM COLORADO 80546 931128 • cc tilt DEPARTMENT OF PLANNING SERVICES ID PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI Ce 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: September 3, 1993 CASE NUMBER: S-345 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Preliminary Plan Subdivision. The parcel of land is described as part of the N2 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles east of the Town of Windsor. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 17 , 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it 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. V"We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. -PJ6 se refer to the enclosed letter. C Signed: (-1 Agency: Date: gy'/CJ7l3 aL�{/7iJf��V�� ✓/ SEP 81993 \\ Weld County Pinning 931128 PRELIMINARY PLAN . NARRATIVE -for- WILLOW SPRINGS SUBDIVISION Intersection Weld County Road 23 and Colorado Route 392 Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, Colorado 80550 931128 PROPOSED DEVELOPMENT & USES Presently the site is an irrigated agricultural parcel with crops being alfalfa, beets and corn. Approximately seven acres are in pasture in the southwest corner of the property. The project will combine the land uses of twenty residential lots, recreational open space, and an agriculture use. The developer wishes to create and maintain high property values by creating a residential subdivision with a distinctive horse oriented identity and improvements in the common open space. The property is adequately served by public services and facilities. Gas, telephone, and electric lines are located in the roadway of Colorado Route 392 and are available to this project. In addition, North Weld County Water District (NWCWD) has water lines in this road right-of-way. The proposed uses in the Willow Springs subdivision will be compatible with surrounding land uses. A portion of the property will be continuously in use as agriculture (crop growing) through the life of the project. On adjacent sides, the predominate land use is agricultural. Generally it is row crop or forage crops. There are two residential units on the north and western side of the project. These existing homes lie upon seven to eight acre parcels. WATER Water lines of North Weld County Water District (NWCWD) exist in the right-of-way of Colorado Route 392, adjacent to the property and are available for use. System improvements on-site will be required to provide the necessary pressure and capacity in the lines. Sewer will be provided by individual septic system as allowed by the Estate Zone. The source of domestic water use will be from NWCWD. The District presently has a six inch water main north of the subject property, in the Weld County road 23 right-of-way approximately one mile away. It is anticipated that a six inch main shall be extended from off-site to the property to supply domestic and fire flows to the subdivision. As requested by NWCWD, we will provide all appropriate easements for their water lines. These utility easements are shown on the Preliminary Plan. Fire hydrants will be included in the development and the location will be as shown on the Preliminary Plan. We estimate domestic water consumption of 14,000 gallons per day for the development. North Weld County water district is capable of providing a minimum of 250 gallons per minute for fire protection providing the off site line is constructed. A dry hydrant will be constructed on site to provide additional water. 931128 SEWER Each lot will be served by its own individual septic system. the lots are all at least 2-1/2 acres in size and allow adequate room for the installation of septic absorption fields acceptable to the Weld County Department of Health. Please refer to the Soils Report for more information. INFRASTRUCTURE COST AND FINANCING 4r 3/5; 000 The construction costs for the project total $ 80. A portion of these costs will require financing which will be provided by First Choice Bank of Greeley. STORM WATER The storm water detention facility proposed for this subdivision will be located in the lower elevations at the southeast corner of the property. The Storm Water Detention Facility shall have a controlled outlet structure. The proposed roadways will be designed with side ditches and culverts which will direct storm water runoff to be detained to the detention facility. (See Preliminary Plan for location and drainage flows) ACCESS AND ROADS Colorado State Route 392 is designated by the County as an arterial roadway (150 foot right-of-way) . This project proposes one residential street connection with this state road. The interior street plan allows for a workable circulation plan to provide access to the lots. The access point is located so it will align directly opposite Weld County Road 23 . The amount of stopping sight distance from the east and west is acceptable and within guidelines. Existing traffic flow on State Route 392 will not be interrupted by this residential local street. With this street addition, a safer intersection will be obtained with Weld County Road 23 . To the east of the property, Colorado State Route 392 goes over a gentle rise which does not limit sight distance. Considering a 55 mph speed limit and the downhill grade of the County road the desirable stopping sight distance is 750 feet. The access point into this property is over 2, 000 feet from the crest of this rise and, therefore presents no unsafe conditions. The sight distance to the west toward Windsor is open and presents no sight distance problems. Our circulation plan will propose a roadway with pavement for the first 300-400 feet (three inch asphalt and eight inch gravel base) . All interior streets will have borrow ditches for drainage control. In addition, a secondary access via the adjoining property to the west is available for emergency access 931129 only. In this way only one specific access point will be required onto Colorado Route 392. The street which will serve this proposed residential use will have a pavement width of 24 feet and gravel shoulders of three to four feet wide for the initial 350-400 feet. the remainder of the roadway will be gravel. This street will cross the Greeley No. 2 Canal with an approved bridge structure which meets Weld County Standards for public roadways. The existing structure will be replaced to meet these standards. Necessary additional land has been acquired to grant additional right-of-way to accommodate future dedication of this roadway to Weld County. 931128 ENVIRONMENTAL CONSIDERATIONS FLOODPLAIN, GEOLOGIC HAZARDS AND AIRPORT OVERLAY DISTRICTS Based upon *available information and maps, this proposed subdivision does not include any area encumbered by floodplain, geologic hazards, and is not in close proximity to any airport. * (Source: Weld County Planning Services Data) SOILS AND GEOLOGICAL CHARACTERISTICS A preliminary study of soils and geologic conditions is included in the submittal. A full subsurface geotechnical investigation along with percolation tests has been completed so that both the septic systems absorption fields and the roads can be appropriately designed. The general soils map provided by Weld County with the Comprehensive Plan shows the subject property labeled as irrigated farmland with the soil grouping of the Kim-Otero Association. This soil group is given the number 175. Table 5 of the Weld County Comprehensive Plan classifies this soil group as Class III overall with Class IV for the individual soils of Kim-Otero. The Soil Survey of Weld County (southern part) prepared by the USDA and Soil Conservation Service explain the soil characteristics in more detail. The enclosed Soils Report explains the soil capabilities and limitations. The soils for this site (4) Aquolls/Aquepts; (32) Kim loam 1% to 3% slope and (52) Otero sandy loam 3% to 5% slope are suitable for specific uses intended under the Estate Zone. The Aquolls/Aquepts soil will not be disturbed. These areas will remain as pasture or open space and will not be used for construction materials, sanitary facilities, or building sites. The Kim soil area will be used for home sites and absorption fields and material for road construction. Although Kim soils have moderate limitations because of low strength for basements and/or foundations and for street construction that does not, however, preclude construction in this area. These soil limitations can be overcome by engineering design or soil additives which will allow this soil to be usable. The Kim soil has no deficiency for a septic absorption field. With slight limitations, the Otero soils capabilities are very good for building sites, septic absorption and material for road construction. These soils are further reviewed and shown in the Soils Report. No potential radiation hazard has been determined for this site, after review of applicable information. 931128 r • Air= amemmet=onortamk, ==mo mm=7 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA 1TILE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE. COMPANY '- Jr-70U INSQ /, B): 4/Y1Q) 'QPcHCO0.POR1![D�yy��j BY Authorized Countersignature }@ 3 President / 6 'NI Y 13, t14 -S Attest: (5:9tWra Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy(10-21-87) As a1328 Face Page Valid Only If Schedule A, B and Cover A Form 1141-41 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (c) Whenever the Com"ny shall have brought an action or interposed a defense as required or mitted by the provisions of this policy. the The following terms when used in this policy wean: Company may pursue a.., litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. (a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order. rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding. the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the (b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's (c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land, other lawful act which in the opinion of the Company may be necessary or (d) "land the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend. prosecute. or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy, 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Com•pany within 90 days after the insured claimant shall to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or respect to Section 1(a) (iv) of the Exclusions From Coverage, "public other matter insured against by this policy which constitutes the basis of records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss (g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks. favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records. shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either (i) an estate or interest in the land, or(ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not he disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notify the Company promptly in writing (i) in case of administration of the claim. Failure of the insured claimant to submit for P y P P Y examination under oath, produce other reasonably requested information any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall or grant permission to secure reasonably necessary information from third come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim. cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not he given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy, the Company shall have the the matter or matters for which prompt notice is required; provided, following options: however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of payment or tender of payment and which the Company is obliga- ted to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option. all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys. (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pay. interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or(ii), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other than the payments concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover pal+S�p B 1141-41 O IRr8 , rnir ani bin r CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations. the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a)The Company's Right of Subrogation. (a) The liability of the Company under this policy shall not exceed the least of. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (it the Amount of Insurance slated in Schedule A; or, any act of the insured claimant. (ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect. remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. properly in respect to the claim had this policy not been issued. If (hl In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land. whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the w hieh increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following. If a payment on account of a claim does not fully cover the loss of the Ii) where no subsequent improvement has been made. as to any partial insured claimant, the Company shall be subrogated to these rights and loss. the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant. as stated (ii) where a subsequent improvement has been made. as to any partial above, that act shall not void this policy, but the Company, in that event. loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance slated in Schedule A bears to the policy which shall exceed the amount, if any. lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation. the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds. Ic) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations, which provide for subrogation rights by reason of this policy 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include. pro rota basis as if the amount of insurance under this policy was divided hut are not limited to, any controversy or claim between the Company and pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the whole. exclusive of any improvements made subsequent to Date of Policy, Company m connection with its issuance or the breach of a policy unless a liability or value has otherwise.been agreed upon as to each parcel M the Company and the insured at the time of the issuance of this policy provision or other obligation. All arbitrable matters when the Amount of eInsurance is 51,000,000 or less shall be arbitrated at the option of either the and shown by an express statement or by an endorsement attached to this Company or the insured. All arbitrable matters when the Amount of pulley Insurance is in excess of 51.000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is (al If the Company establishes the title. or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim of unmarketabiloy of title, all as insured, in a shall he binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a coup to reasonably diligent manner by any method. including litigation and the completion of any appeals therefrom. it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having obligations with respect to that matter and shall not he liable for any loss jurisdiction thereof. or damage caused thereby. Ib) In the event of any litigation, including litigation by the Company ,The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may he obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE the title as insured. CONTRACT. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be n construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses. shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to Canto. this policy. (c) No amendment of or endorsement to this policy can be made 11. LIABILITY NONCUMULATIVE. except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule B or to which 16. SEVERABILITY. the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or In the event any provision of the policy is held invalid or unenforceable interest described or referred to in Schedule A, and the amount so paid shall under applicable law, the policy shall he deemed not to include that provi- he deemed a payment under this policy to the insured owner. sion and all other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT. (a) No payment shall be made without producing this policy for All notices required to be given the Company and any statement endorsement of the payment unless the policy has been lost or destroyed, in in writing required to be furnished the Company shall be addressed to which case proof of loss or destruction shall be furnished to the satisfaction Transamerica Title Insurance Company, 4683 Chabot Drive, Suite 101, of the Company. Pleasanton, CA 94588. NM 1 931128 American Land Title Association Owner's Policy(10-21-87) Cover Page Valid Only If Face PaJc- Schedules A and 8 Are Attached TRANSAMERICA TITLE INSURANCE COMPANY POLICY OP TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 128, 500. 00 Policy No. : 8030595 Date of Policy: March 6, 1992 at 7 : 00 A.M. 1 . Name of Insured: Eugene L. Habrock and Pamela A. Habrock, as joint tenants 2 . The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: Eugene L. Habrock and Pamela A. Habrock, as joint tenants 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 931128 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030595 LEGAL DESCRIPTION That part of the W1/2 of the NW1/4 and the West 825 feet of the E1/2 of the NW1/4 of Section 24, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying South of the Irrigating Canal No. 2 , sometimes called the No. 2 Canal or the No. 2 Ditch. TOGETHER with access easement as dedicated across the West 30 feet of Lot A of Recorded Exemption No. 0807-24-2-RE1381, recorded January 17 , 1992 in Book 1323 as Reception No. 02275478 . Page 2 931128 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030595 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments. 6. Rights of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded August 30, 1888 in book 34 at Page 322 . (Affects W1/2NW1/4) 8 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S. Patent recorded November 27, 1889 in Book 51 at Page 111. (Affects E1/2NW1/4) 9 . Right of way for Ditch No. 2 , also called Canal No. 2 across subject property. 10. Easement and right of way through that certain lateral ditch which enters the W1/2 of the NW1/4 of Section 24, Township 6 North, Range 67 West on the West side thereof, running thence in a Southeasterly direction to the South line of said W1/2 of said quarter section for conveying water to the SW1/4 of said Section 24 , as granted to James M. Cazer in Quit Claim Deed recorded May 12 , 1908 in Book 250 at gage 407, in which the specific location of said easement is not defined. Page 3 931128 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030595 SCHEDULE H - continued 11. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between The New Cache La Poudre Irrigating Company and The Windsor Mercantile Company recorded February 21, 1953 in Book 1350 at Page 602 . 12 . Oil and gas lease between Alice Swanson and Brooks Exploration Incorporates dated May 1, 1980, recorded June 30, 1980 in Book 907 as Reception No. 1828696, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Catamount Exploration, Inc. , recorded May 3 , 1984 in Book 1029 as Reception No. 1965389. 13 . Oil and gas lease between Alice Swanson and Howard and Associates, Ltd. dated September 10, 1990, recorded October 5, 1990 in Book 1278 as Reception No. 02229446, and any interests therein or rights thereunder. 14 . Undivided 1/2 interest in all oil, gas and other minerals. Grantors specifically reserve all executory rights as to the leasing, exploration, exploitation, and production of all minerals, including existing leases and sand and gravel, in, under and to be produced from said property. This executory right will terminate when Grantors have no further ownership or lien rights as to the entire parcel of land presently owned by them in the NW1/4 of 24-6-67 , as reserved by Charles Troutman Collopy and Clara Frances Collopy in a deed recorded March 5, 1992 in Book 1328 as Reception No. 02280185, and any interest therein or rights thereunder. 15. Deed of Trust from Eugene L. Habrock and Pamela A. Habrock to the Public Trustee of the County of Weld for the use of Charles Troutman Collopy and Clara Frances Collopy to secure $102 , 800. 00 dated March 4, 1992, recorded March 5, 1992 in Book 1328 as Reception No. 02280187 . 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 property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . Page 4 931128 Earth Engineering Consultants, Inc. 2600 Canton Court, Suite A Fort Collins, Colorado 80525 (303)224-1522 Fax: 224-4564 July 12 , 1993 Mr. Gene Habrock 8374 Weld County Road 64 Windsor, CO 80550 Re: Subsurface Exploration Report Proposed Willow Springs Development Weld County, Colorado EEC Project 1932013 Mr. Habrock: Enclosed, herewith, are the results of the preliminary subsurface exploration you requested for the referenced project. In summary, the soils encountered in the test borings at this site consisted of low plasticity cohesive and essentially granular soils . Based on our preliminary evaluation, it is our opinion these materials could be used for support of the proposed improvements . Shallow groundwater was encountered at some locations. The shallow water could create difficulties for basement construction and the use of individual septic systems . Geotechnical recommendations concerning the site infrastructure improvements and preliminary geotechnical recommendations concerning building construction are provided in the attached report. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not; hesistate to contact us. Very truly • t Earth Engineering Consultants, Inc. Lester L. Litton, P. E. =s;� Colorado No. 23957 %fp� . Ott, , �11ALC• , l ,,,,,,,,,,,,,,,,, Curtiss L. Palin, P. E. Colorado No. 27315 U , `'M1 ' `. • `9;31128 SUBSURFACE EXPLORATION REPORT PROPOSED WILLOW SPRINGS DEVELOPMENT WELD COUNTY, COLORADO EEC PROJECT 1932013 July 12 , 1993 INTRODUCTION The subsurface exploration for the proposed Willow Springs Development in Weld County, Colorado, has been completed. Six (6) soil borings extending to depths of approximately 10 to 15 feet below present grades were advanced to develop subsurface information for general site development. Two (2) other borings were advanced to depths of approximately 50 feet to develop information concerning bridge support. Percolation tests were completed at three site locations. Individual boring logs and a diagram indicating the boring locations are included with this report. We understand this project will involve the development of 20 single family housing lots located south of Colorado Highway 392 and east of Weld County Road 23 and near Windsor. The proposed site structures will be one and two story single family residences which may or may not contain basements . Foundation loads for the wood frame buildings will be light with continuous wall loads less than 3 kips per lineal foot and column loads less than 30 kips. Floor loads will be light, less than 100 psf . Minor grade changes with cuts and fills less than two feet will be required to develop the site grades. As a part of this project, roadway improvements will be completed. It is expected the traffic for the new roadway will involve low volumes of light vehicles including automobiles and light trucks. A new bridge will also be constructed over the Greeley No. 2 Canal near the project entrance. The new residences are expected to be on septic systems for sewage disposal. 931128 Earth Enginccring Consultants,Inc. Willow Springs July 12 , 1993 Page 2 The purpose of this report is to describe the subsurface conditions encountered in the borings, analyze and evaluate the test results and provide recommendations concerning design and construction of the roadway improvements (including the new bridge) and septic systems. Preliminary recommendations concerning design and construction of building foundations are also provided. EXPLORATION AND TESTING PROCEDURES The boring locations were determined by Earth Engineering Consultants, Inc. ' (EEC) personnel and established in the field by pacing and estimating angles from the references shown on the attached boring location diagram. Surface elevations at the boring locations were estimated by plotting the approximate boring locations on the topographic site plan for the project and interpolating between the plan contours. The locations and elevations of the test borings should be considered accurate only to the degree implied by the methods used to make those determinations. The borings were performed with a truck mounted, rotary type drill rig equipped with a hydraulic head employed at drilling and sampling operations. The bore holes were advanced using continuous flight augers and samples of the subsurface materials encountered in the borings were obtained using thin walled tube and split barrel sampling procedures in general accordance with ASTM Specifications D-1587 and D-1586 , respectively. In the thin walled tube sampling procedure, a seamless steel tube with a sharpened cutting edge is pushed into the soil with hydraulic pressure to obtain a relatively undisturbed sample of cohesive or moderately cohesive material. In the split barrel sampling procedure, a standard 2-inch O.D. split barrel sampling spoon is driven into the ground by means of a 140 pound hammer falling a distance of 30 inches . The number of blows required to advance the split barrel 931128 Earth Engineering Consonants,Inc. Willow Springs July 12 , 1993 Page 3 sampler is recorded and is used to estimate the in-situ relative density of cohesionless soils and, to a lesser degree of accuracy, the consistency of cohesive soils. All samples obtained in the field were sealed and returned to the laboratory for further examination, classification, and testing. Moisture content tests were performed on each of the recovered samples . In addition, dry density and unconfined compressive strength tests were performed on all appropriate samples. Grain size distribution, Atterberg limits, and Swell tests were performed on selected samples . Results of the outlined tests are shown on the attached boring logs and summary sheets . As a part of the testing program, all samples were examined in the laboratory by an engineer classified in accordance with the attached General Notes and the Unified Soil Classification System, based on the soil' s texture and plasticity. The estimated group symbol for the Unified Soil Classification System is shown in the appropriate column on the boring logs and a brief description of that classification system is included with this report. SITE AND SUBSURFACE CONDITIONS The Willow Springs Development will be constructed south of Colorado Highway 392 and east of Weld County Road 23 in Weld County, Colorado. The site is presently undeveloped farm land which is covered in sparse vegetation. Surface drainage is generally towards the south with a maximum difference in ground elevations across the site on the order of thirty feet. A water supply canal runs east-west across the north side of the property. An oil well is located in the northeast section of the site. No evidence of prior building construction was observed at the site by EEC field personnel . 931128 Earth Engineering Consullnnls, Inc. Willow Springs July 12 , 1993 Page 4 An EEC field engineer was present during the drilling operations and prepared logs of the materials encountered based on the observation of the recovered samples and auger cuttings . The boring logs included with this report contain modifications to those field logs based on results of laboratory testing and engineering evaluation. Based on the results of the field borings , subsurface conditions can be generalized as follows . Approximately 4 to 6 inches of vegetation and/or topsoil was encountered at the surface in borings B-1 through B-6 . At boring locations B-7 and B-8 , approximately 12-inches of gravel road surfacing was encountered at the surface. The surface materials were underlain by light-brown silty sandy clay and silty clayey sand. The cohesive materials were medium stiff to stiff and the more granular soils were loose to medium dense. Both soils contain occasional zones of cleaner granular materials and periodic zones with gravel. The clayey sand/sandy clay soils extended to the bottom of borings B-1 through B-6 at depths of approximately 10 to 15 feet and to depths of approximately 52 to 55 feet in borings B-7 and B-8 . At boring locations B-7 and B-8 , cobbles were encountered with depth. At those locations the overburden soils were underlain by brown, highly weathered shale bedrock. The highly weathered bedrock was soft to moderately hard and extended to the bottom of those borings at depths of approximately 55 to 60 feet. The stratification boundaries shown on the boring logs represent the approximate location of changes in soil and rock types; in- situ, the transition of materials may be gradual and indistinct. Classification of the bedrock was based on observation of disturbed samples and auger cuttings. Coring and/or petrographic analysis may reveal other rock types. 931129 Earth lingurcering Crm,ullenLU, Inc. Willow Springs July 12 , 1993 Page 5 WATER LEVEL OBSERVATIONS Observations made while drilling and after completion of the borings to detect the presence and level of groundwater. Free water was observed at depths ranging approximately from 4 to 9 feet as the borings were being advanced. Immediately after completion of the borings, groundwater levels were also observed at depths of approximately 4 to 9 feet. The fine grained materials would have relatively low permeability so that longer term observations would be required to more accurately evaluate groundwater conditions. In addition, fluctuations in water levels can occur throughout the year depending on variations in hydrologic conditions, water levels in the on-site irrigation ditch, and other conditions not apparent at the time of this report. We expect the higher water levels near the northside of the site are the result of water in the on-site canal . Zones of perched and/or trapped water may also be encountered in more permeable materials interbedded in the subsurface soils. The location and amount of perched water may also vary over time. ANALYSIS AND RECOMMENDATIONS Building Foundations and Floor Slabs (preliminary) Based on the materials observed in the test borings, we anticipate the lightly loaded single family houses could be supported on footing foundations. We expect the footing foundations would bear in the loose to medium dense silty clay sand or medium stiff to stiff cohesive soil . We anticipate net allowable bearing pressures of 1500 to 2500 psf could be used for sizing those foundations . Overexcavation and backfill procedures may be necessary in some areas to develop the recommended allowable bearing pressures . In lower areas of the site and in areas near the irrigation canal, shallow groundwater should be expected at times throughout the 931128 limit)Engineering Qmsullmils. Inc. Willow Springs July 12 , 1993 Page 6 year. In these areas construction of nonbasement residences should be considered. Use of under slab drain systems could also be considered to lower the groundwater table or a general site dewatering system could be designed and constructed to lower the groundwater table on an aerial basis. Lining of the irrigation canal could also be considered to potentially reduce the groundwater level . Regarding support of the floor slabs, we expect the near surface soils could be used for direct floor slab support. Those soils have low to moderate plasticity so that large volume changes with normal seasonal moisture level fluctuations would not be expected. Scarification and recompaction of the site materials will be required to develop the subgrades. Care will be necessary in developing below grade areas, as part of the site exhibits relatively shallow groundwater. In these areas, use of garden level type construction or nonbasement construction could be considered. Other systems that could be considered would include various drain systems for lowering of the site groundwater. Additional explorations should be completed to develop more specific recommendations for each of the housing lots. The above recommendations should only be used for a general guide on the subdivision development. PROPOSED BRIDGE FOUNDATIONS Based on materials observed at the boring locations B-7 and B-8 , it is our opinion the proposed replacement bridge could be supported on conventional footing foundations. We recommend those foundations extend through all existing vegetation and/or fill materials when bearing the natural, medium to stiff lean clay with varying amounts of sand or clayey silty sand. For design of those 93112E Earth Enghsccring Crmsuhants, Inc. Willow Springs July 12 , 1993 Page 7 foundations, we recommend using a net allowable total load soil bearing pressure not to exceed 1500 psf. The net bearing pressure refers to the pressure at foundation bearing level in excess of the minimum surrounding overburden pressure. Total load pressure refers to dead load plus full live load. The recommended bearing pressures could be increased by 1/3 for short term impact or seismic loading. Higher bearing pressures could be developed through the overexcavation and backfill procedures. In general , the soils should be overexcavated below foundation level to a depth equal to 1/2 of the design footing width. The overexcavations should extend laterally in all directions a minimum of eight inches for each twelve inches of overexcavation. Materials replaced in the overexcavated zones should consist of approved, low volume change materials, free from organic matter and debris. Normally, soils with a Liquid Limit of 40 or less and Plasticity Index of 18 or less could be used as low volume change fill. To help develop stable bearing levels, we recommend the backfill materials be essentially granular. The fill materials should be placed in loose lifts not to exceed nine inches thick, adjusted in moisture content and compacted to at least 99 percent of standard Proctor maximum dry density, (ASTM Specification D-698) . For design of footing foundations bearing on the newly placed fill materials, we recommend using a net allowable total load soil bearing pressure not to exceed 3000 psf . We recommend the bridge foundations extend a minimum of 30 inches below adjacent exterior grade to provide frost protection. Formed continuous footings should have a minimum width of 16 inches and isolated column foundations a minimum width of 30 inches . Trenched foundations should not be used for the bridge or wing walls . 931128 lank Engincsring Consultants, Inc. Willow Springs July 12 , 1993 Page 8 No unusual problems are anticipated in completing excavations required for the construction of the footing foundations. If the footing construction is completed at the time the canal is flowing, it should be expected that control of groundwater will be necessary during construction. The amount of groundwater to control and methods used to control those conditions might vary with final design of the structure. We'd be pleased to provide additional recommendations at that time. Care should be taken during construction to develop stable side slopes on all excavations. OSHA and any local requirements should be followed when developing safe side slopes in the excavations. If inadequate room is available for developing those side slopes, shoring and/or bracing of the sides could be considered to develop stable excavations . Concerning lateral earth pressures on the wing walls, we recommend the wing walls be designed for active soil conditions. Under an active condition, the wall is assumed to rotate slightly around its base, resulting in somewhat lower lateral pressure. For active soil conditions, we recommend using a lateral earth pressure of 40 pounds per cubic foot. The recommended lateral pressure assumes no surcharge loading and assumes that hydrostatic loading of the wing walls will not occur. We suggest weep holes or other appropriate measures be taken to see that hydrostatic loads do not develop on the bridge wing walls . ROADWAYS The Willow Springs Subdivision will be constructed as dead-end cul- de-sac roadway so that through traffic would not be possible. For this condition, we anticipate the traffic loadings on the subdivision roadways would be limited to low volumes of light vehicles including automobiles and light trucks. Occasional heavier trucks may use the roadways; however, use by heavier trucks would be limited. 931128 Balm Iingmcwrmg Consultants, Inc. Willow Springs July 12 , 1993 Page 9 Based on previous experience with similar materials and site conditions, we recommend the subdivision roadways consist of three inches of hot bituminous pavement overlying six inches of Class 5 or Class 6 aggregate base. That pavement section is a minimum, and as such, periodic maintenance should be expected. Concerning preparation of the pavement subgrades, all existing vegetation and/or topsoil should be removed from the pavement areas. After striping and completing all cuts and prior to placement of any fill or pavements, we recommend the exposed subgrades be scarified to a minimum depth of nine inches, adjusted in moisture content and compacted to at least 95 percent of the materials maximum dry density as determined in accordance with ASTM Specification D-698 , the standard Proctor procedure. The moisture content of the scarified subgrade should be projected within the range of minus 3 to plus 1 percent of standard Proctor optimum moisture. Fill materials required to develop the pavement subgrade should consist of approved, low volume change materials free from organic matter and debris. Sandy lean clays similar to the near surface soils at this site could be used as low volume change fill . Those fill materials should be placed in loose lifts not to exceed nine inches thick, adjusted moisture content as recommended for the scarified soils and compacted to at least 95 percent of the materials maximum dry density as determined in accordance with ASTM Specification D-698 , the standard Proctor procedure. The moisture content of the fill soils should be adjusted as recommended for the scarified site soils . Positive drainage should be developed across the pavements and away from the pavement edges to reduce the potential for wetting of the pavement subgrades and premature failure of the pavements . 93112E Ea h Fnginecring Consuhnnls, Inc. Willow Springs July 12 , 1993 Page 10 After preparation of the pavement subgrades, care should be taken to avoid disturbing the prepared materials. Materials which are loosened or disturbed by the construction activities or materials which are allowed to become dry or desiccated or wet and softened should be removed and replaced or, if possible, reworked in place prior to construction of the overlying pavement section. SEWAGE SEPTIC SYSTEM Percolation rates for the on-site septic systems are shown on the attached summary. The test results indicate the materials are within the Weld County requirements for use of a sewage septic system. In the lower portions of the site, groundwater was encountered at a relatively shallow depth. Use of standard septic systems would result in the being relatively close to the groundwater table. In these area, fill materials should be placed to develop at least four feet of clear distance between the groundwater table and the leach field bottom. GENERAL COMMENTS The analysis and recommendations presented in this report are based upon the data obtained from the soil borings performed at the indicated locations and from any other information discussed in this report . This report does not reflect any variations which may occur between borings or across the site. The nature and extent of such variations may not become evident until construction. If variations appear evident, it will be necessary to re-evaluate the recommendations of this report. 93112E halt Enginccrusg Consultants, Inc. Willow Springs July 12 , 1993 Page 11 It is recommended that the geotechnical engineer be retained to review the plans and specifications so that comments can be made regarding the interpretation and implementation of our geotechnical recommendations in the design and specifications. It is further recommended that the geotechnical engineer be retained for testing and observations during earthwork and foundation construction phases to help determine that the design requirements are fulfilled. This report has been prepared for the exclusive use of Mr. Gene Habrock for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices . No warranty, express or implied, is made. In the event that any changes in the nature, design or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions of this report modified or verified in writing by the geotechnical engineer. 9311129 I,.°.W. Ill I. 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TEST BORING LOCATION DIAGRAM WILLOW SPRINGS SUBDIVISION WELD COUNTY, COLORADO 931?129 PROJECT #1932013 DATE: JUNE 1993 Earth Engineering Consultants WILLOW SPRINGS WELD, COLORADO PROJECT NO: 1932013 DATE: JULY 1993 LOG OF BORING B-1 SLEET I OF I 1 IG TY' ) ''IRICII SO WATER DEPTH ELEV. FOREMAN: CLl' START DATE 6/11/93 WHILE DRILlING 4 fl. 4965 AUGER TYPE: 4"CFA FINISH DATE 6/11/93 AFTER DRILLING N/A NIA SI'I•HAMMER: MANUAL, SURFACE ELEV 4969 124)IOUR N/A N/A SOIL DESCRIPTION D N QU MC DD A•LIMITS •200 SWELL CLC•vATION 1 1177. ourn mLowvrn owl (to IJ. __ PI (I) WWI 6 INCHES TOPSOIL _ _ SANDY LEAN CLAY Brown SS _ _ 3 13.6 4988 1 3 n. CLAYEY SAND SS S 12 16.4 AND GRAVEL Brown _ _ - - 4980 19 ft SANDY CLAY W/GRAVEL _ Brown SS 10 6 19.9 4958.5 1,0.5 u. BOTTOM OF BORING _ _ 20 25 30 9a_+1 1 2S Earth Engineering Consultants WILLOW SPRINGS WELD, COLORADO PROJECT NO: 1932013 DATE: JULY 1993 LOG OF BORING B-2 SHEET I OF 1 IC I 50 WAT DEPTH ELEV. FO1j,j;;hIAN; CI.P STA1RT.)ATE 6/11/93 WHILE DRILLING 4 ft. 490 AUGER TYPE: 4"CFA FINISH DATE 6/11/93 AI:IER DRILLING N/A N/A SPT HAMMER: MANUAL SURFACE ELEV 4969 24 HOUR N/A N/A SOIL DESCRIPTION D N QU MC DO A-LIMIT$ •2OO SWELL E I,F.VAT1ON 1 'CYPP itlWre mwwvrn IPA (%) inn U. I i+ O.) (111.) 1 6 INCHES TOPSOIL _ SANDY LEAN CLAY _ _ Dark Brown SS 6 17.7 4965 l4 ft. SS 4 20.2 CLAYEY SAND _ _ AND GRAVEL SS 10 7 21,4 Light Brown _ _ SS IS 7 22.5 4953.5 1 15.5 ft. l BOTTOM OF BORING _ 25 30 1 3Tatt7l :12 7 Earth Engineering WILLOW SPRINGS WELD, COLORADO PROJECT NO:19321113 PATE: JULY 1993 LOG OF BORING B-3 SHEET I OF I RIG TYPE:DIL-IlUCH 50 -`• WATER I DEPTH I ELEV. FOREMAN: CLL' ART DATE 6/11193 WHILE DRILLING 9 rt. 4960 AUGER TYPE: 4"CFA FINISH DATE 6/11/93 AFTER DRILLING N/A N/A svr HAMMER: MAN Y1, SURFACE LEV 4969 24 HOUR NIA N/A SOIL DESCRIPTION D N GU MC DD A-LIMITS -200 SWELL EI.I:VATION I 'IYPti, ,rsrn ai.owsrn a+11 (%I a'n u. n + I ,rlr, 6 INCHES TOPSOIL — _ SS 3 7.2 CLAYEY SAND 5 4 N.7 WITH GRAVEL ss _ _ Light Brown - - SS -10 6 25.4 - 4958.5 110.5 ti. BOTTOM OF BORING _ - 5 25 30 ��1 Earth Engineering Cons Y:/M1*i1 29 WILLOW SPRINGS WELD, COLORADO PROJECT NO: 1932013 DATE: .?UI,Y 1993 LOG OF BORING B-4 SHEET 1 OF 1 RIG TYPE:1)11 1'RICil 511 WATER I DEPTH I ELEV. FOREMAN: CLP START DATE , 6/11/93 41'111Llil)RILLING 9 R. 4953 AUGER TYPE: 4"CFA FINIS]]DATE 6/11/93 AFTER DRILLING N/A NIA MI'HAMMER: MANUAL, SURFACE ELEV 4962 24 HOUR N/A N/A SOIL DESCRIPTION D N QU MC DO A.LIM ITS -200 SWELL F,LEVATION (YPC (nun (m.mwv T n•.sM (s) rtrn y. 6 INCHES TOPSOIL _ SANDY LEAN CLAY (CL) � Brown _ _ 30 15 58.4 SS _ _ 3 20.3 4958 1 4 ft. y SS 5 14 16.3 CLAYEY SAND WITH GRAVEL _ - Brown _ _ More Gravel with Depth - SS 10 12 22.2 4951.5 1 10.5 rt. , BOTTOM OF BORING _ 15 20 25 —3I 9131129 Earth Engineering Consuhants WILLOW SPRINGS WELD COUNTY, COLORADO , PROTECT NO:1932013 DATE: JULY 1993 LOG OF BORING B-5 SHEET 1 OF 1 RIG TYPE:DIETRICH 50 sii:i :i: ice':•••_• - - --- --•-•-_•-•-_i WATER DEPTH ELEV. FOREMAN: CLP START DATE 6(11/93 ,WILIER DRILLING 9 ft. 4951 AUGER TYPE: 4"CFA FINISII DATE 6/11/93 AFTER DRILLING N/A NIA SPTIIAMMER: MANUAL SURFACE ELEV 4960 _24 HOUR N/A N/A SOIL DESCRIPTION D N QU MC DO A-LPMJTS •200 SWELL ELEVATION I l IYPC wren MI.ows n try') m . m4) U- 1 n stt 4 Irv) 6 INCHES TOPSOIL _ _ 1-;:: 5 11.3 S'1' CLAYEY FINE SAND S Light Brown SS 5 25.2 - - Moist Clay - - SS -10 2 28.7 , 4949,5 I 10.5 ft. BOTTOM OF BORING _ _ -25 -30 t 93132S Earth Engineering Consultants WILLOW SPRINGS WELD COUNTY, COLORADO PROJECT NO:1932013 DATE: JULY 1993 LOG OF BORING 8-6 sirEET 1 or RIG TYPE:DIETRICH 50 WATER I DEPTH 1 ELEV. FOREMAN: CLP START DATE 6/11193 WHILE DRILLING 5 fL 4950 AUGER TYPE: 4"CFA FINISH DATE , 6/11/93 ALTER DRILLING N/A N/A SPT HAMMER: MANUAL, SURFACE ELEV 4955 24 HOUR N/A N/A SOIL DESCRIPTION D N QV MC OD , A.UM,j1s •200 SWELL ELEVATION I 1 TYPG (rut) nu,awrrn trwt I IS] trcr, u I n _ ,s, mss 6 INCHES TOPSOIL _ SS 4 243 SANDY CLAY SS 5 2 Light Brown SS 10 3 25.2 r y 4949,5 I 10.5 1t. BOTTOM OF BORING _ c 25 93112E 30 • Earth Engineering Consultants WILLOW SPRINGS - WELD COUNTY, COLORADO PROJECT NO; 1932913 DATE: JULY 1993 LOG OF BORING 8-7 strEr;r i or i IL1G TYPE:DIETRICH 50 iiiiiiiIiiiiililiiiiiI0IiiiiiiiiiiiiiiiiiiiiIiiiiViYilliiiiiiiiii WAT R I DEPTH I ELEV. FOREMAN: CLl' START[WM 6/21/93 N'IHII.E DRILLING 20 ft. 49611 AUGER 11'111:.: 4"CEA FINISH DATE 6/21/93 AVI.ER DRILLING N/A N/A sr'T HAMMER: MANUAL SURFACE ELEV 4980 • 24 HOUR N/A N/A j SOIL DESCRIPTION D N QU MC DO A-LIMITS -200 SWELL FI.I VATION, lYI'I° {nj'TI IW.OW91T1 inVI (}I {1T Y, _ IA. _ II I,1 11',11 6 INCHES GRAVEL _ __ _ - -SS lA 13.6 SS 5 6 16.8 , t CLAYEY SAND _ _ WITH GRAVEL _ _ Brown _ _ 4972 1 8 ft. . SS 10 9 14.9 S l5 rS- 8 18.0 SANDY CLAY _ _ WITH GRAVEL _ _ Tan to Brown _ _ Less Gravel with Depth _ _ SS 20 10 21A1. , .. 25 Continued on Page 2 _ _ 93112 ,l { 30 ! Earth Engineering Consultants WILLOW SPRINGS WELD COUNTY, COLORADO PROJECT NO:1932013 DATE: JULY 1993 LOG OF BORING B-7 SHEET 2OF2 RIG TYPE:I)IEsfRICHI 50 ....:.. ... .......... .... >': WATER DEPTH ELEV. FOREMAN: CLP START DATE 6/21/93 WHILE DRll.l ENG 20 ft. 4960 AUGER TYPE: 4"CFA FINISH DATE 6/21/93 AID ER UIt11.1.ING N/A N/A $19'IIANIMER: MANUAL SURFACE ELEV 4980 24 HOUR N/A NIA SOIL DESCRIPTION D N QU MC DO A-LIMITS •200 SWELL fiL1,VA'IION FY , lnfinl lI,I IWWI) U'SrI lxl Continued from Page 1 _ -3s —- — SANDY CLAY _ _ WITH GRAVEL _ Tan to Brown 40 Less Gravel with Depth _ _ 54 4924.5 155.5 ft. AS, 23.7 Bottom of Boring _ Continued on Next Page - - 60 9829 Earth Engineering Consu nts WILLOW SPRINGS WELD COUNTY, COLORADO PROIECT NO;1932013 DATE: JULY 1993 LOG OF BORING 8-8 SHEET 1 of 1 ItIG TYPE:DIE'ITLICII 50 , .. .....:. ..3E^WATER DEPTH FOREMAN: CI.P START DATE 6/21/93 WII11 F.DRILLING 20 R. 4960 AUGER TYPE; 4"CFA FINISH DATE 6/21/93 AFTER DRILLING N/A N/A SIT HAMMER: MANUAL SURFACE ELEV 4980 24 HOUR N/A N/A SOIL DESCRIPTION D N QU MC OD A•LIMITS •200 SWELL ELCVA'11ON ";YPle mss) Os(sworn Uu) 1%' 0,71 U. I m 1.1 6 INCHES GRAVEL _ _ S CLAYEY SAND _ _ WITH GRAVEL _ _ Brown _ - 4972 t 8 h. 10 SANDY CLAY _ _ WITH GRAVEL _ _ Tan to Brown _ _ Less Gravel with Depth _ _ • 25 Continued on Page 2 - - 30 Earth Engineering nt' '- WILLOW SPRINGS WELD COUNTY, COLORADO FCT O:19320 3 ATF: UI Y 1943 LOG OF BORING B-8 SHEET 2 OF 2 RIG 11\II DIETRICII 50 WATER I DEPTH I ELEV. FOREMAN: Cu, START DATE 6/21/93 %'LULL DRILI.LNS: 20 ft. 4%0 AUGER TYPE: 4"CFA FINISH DATE; 6/21/93 AFTER DRILLING N/A N/A srr HAMMER: MANUAL SURFACE ELEV 4980 2411OUR N/A N/A SOIL DESCRIPTION 0 N QU MC DO A-LIMITS -200 SWELL 1'•.1.I:VA'CION �7Y!'I,Jnxn {ntOWLFI) CM _ { I 1U' IL n (St u•SI) Continued from Page 1 _ 35 SANDY CLAY _ WITH GRAVEL _ _ Tan to Brown 40 Leas Gravel with Depth - S 4928 152 ft. I AS 23.7 Bottom of Boring _ _ 55 60 Earth Engineering C I PERCOLATION TESTS Date J.....,: 2:1 A-1‘7 ,y Sheet / of / Addition b</..,.c JH/ s,v,<,.^,,7S depth 3Z Location uir-, ,J �,.. ..._ �, - e 4 # Holes .11.-.7s ,Diameter .: �� P ' Test by . -''A'/'-'/'.;Presoak time —,/,`/ hours. Acres Test for !. :,r.- =" Weather './,,.•/l .4?%- ' /4- Health Dept. observer (Please, sketch test holes on back or attach) Increment Increment Increment - Hole Time Fall Time 1 Fall Time Fall , # Time Depth Min. In. Time Depth Min. In. Time 1 Depth Min. In. .: , ;.gin 1 i 2'JJ ..*' / • 14-/ .../ _,, -. / '; „ ,/ -75f, ,., } ;i lit,'d/ ":l 1 / 2 , :/ �'r 1 1. ) '.-'/ 1./ -' - , IA ,„`� I L . .. 1 , 1 / 1 i I y :. I., /7'% 5 _ ., I ''.4. •1 . ,-i • --- -__' . .. Lf' I--- - �� --- - - - - •.. e...l...-..-e- Earth Engineering Consultants 931128 DRILLING AND EXPLORATION - DRILLING & SAMPLING SYMBOLS: SS : Split Spoon - 13L" I.D., 2" 0.D., unless otherwise noted PS : Piston Sample ST : Thin-Walled Tube - 2" O.D., unless otherwise noted WS : Wash Sample R : Ring Barrel Sampler - 2.42" I.D., 3' O.D. unless otherwise noted. PA : Power Auger FT : Fish Tail Bit HA : Hand Auger RB : Rock Bit DB : Diamond Bit = 4", N, B BS : Bulk Sample AS : Auger Sample PM : Pressure Meter HS : Hollow Stem Auger DC : Dutch Cone WB : Wash Bore Standard "N" Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2-inch 0.0. split spoon, except where noted. WATER LEVEL MEASUREMENT SYMBOLS: WL : Water Level WS : While Sampling WCI : Wet Cave in WD : While Drilling DCI : Dry Cave in BCR : Before Casing Removal AB : After Boring ACR : After Casting Removal Water levels indicated on the boring logs are the levels measured in the borings at the time indicated. In pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of groundwater levels is not possible with only short term observations. DESCRIPTIVE SOIL CLASSIFICATION PHYSICAL PROPERTIES OF BEDROCK Soil Classification is based on the Unified Soil Classification DEGREE OF WEATHERING: system and the ASTM Designations D-2487 and D-2488. Coarse Grained Soils have more than 50% of their dry Slight Slight decomposition of parent material on weight retained on a #200 sieve; they are described as: joints. May be color change. boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50%of their dry weight retained on a #200 sieve; Moderate Some decomposition and color change they are described as: clays, if they are plastic, and silts if throughout. they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be High Rock highly decomposed, may be extremely added according to the relative proportions based on grain broken. size. In addition to gradation, coarse grained soils are defined on the basis of their relative in-place density and HARDNESS AND DEGREE OF CEMENTATION: fine grained soils on the basis of their consistency. Limestone and Dolomite: Example: Lean clay with sand, trace gravel, stiff (CL); silty Hard Difficult to scratch with knife. sand, trace gravel, medium dense (SMI. Moderately Can be scratched easily with knife, CONSISTENCY OF FINE-GRAINED SOILS Hard Cannot be scratched with fingernail. Unconfined Compressive Soft Can be scratched with fingernail. Strength, Qu, psf Consistency Shale, Siltstone and Claystone: < 500 Very Soft Hard Can be scratched easily with knife, cannot 500 - 1,000 Soft be scratched with fingernail. 1,001 - 2,000 Medium 2,001 - 4,000 Stiff Moderately Can be scratched with fingernail. 4,001 - 8,000 Very Stiff Hard 8,001 - 16,000 Very Hard Soft Can be easily dented but not molded with RELATIVE DENSITY OF COARSE-GRAINED SOILS: fingers. N-Blows/ft Relative Density 0-3 Very Loose Sandstone and Conglomerate: 4-9 Loose Well Capable of scratching a knife blade. 10-29 Medium Dense Cemented 30-49 Dense 50-80 Very Dense Cemented Can be scratched with knife. 80 + Extremely Dense Poorly Can be broken apart easily with fingers. y�W Cemented v yy��99��pp�y yy EARTH G T11I+S,-J1C 931129 • NIFIED SOIL CLASSIFICATION ;a STEM Soli Classification Criteria for Assigning Group Symbol. and Group Names Using Laboratory Testa' Group a Symbol Group Name Coarse-Grained Gravels more than Clean Gravels Lass Sods more than 50% of coarse than 5% fines° Cu≥4 and 1 < Cc≤3` GW Well-graded gravel' 50% retained on traction retained on No. 200 sieve No. 4 sieve Cu < 4 and/or 1 > Cc > 36 GP Poorly graded gravel' Gravels with Fines more than 12% lines° Fines classify as ML or MH GM Silty gravel,G,H Fines classify as CL or CH GC Clayey gravel'" Sands 50% or more Clean Sands Less Cu>e and 1 < Cc < 36 SW Weil-graded sand' of coarse traction than 5% finest passes No. 4 sieve Cu < 6 and/or 1 > Cc > 3s SP Poorly graded sand' Sands with Fines Fines classify as.ML or MU SM Silty sane-HA more than 12% fines° Fines Classify as CL or CH SC Clayey sand"' Fine-Grained Soils Silts and Clays Inorganic PI > 7 and plots on or above "A lines CL Lean clay" 50% or more Liquid limit less passes the than 50 PI < 4 or plots below "A" line' ML Silty'" No. 200 sieve organic Liquid limit -oven dried Organic clay'LLn' < 0.75 OL Liquid limit -not dried Organic site" Silts and Clays Inorganic P1 plots on or above "A" line CH Fat clay'-' Liquid limit 50 or more PI lots below "A" line MH Elastic SiIt'-' ' organic Liquid limit -oven dried Organic clay"' < 0.75 OH Liquid limit -not dried Organic silt"' Highly organic soils Primarily organic matter, dark in color, and organic odor PT Peat ABased on the material passing the 3-in. 'If soil contains 15 to 29% plus No. 200, add 175-mm) sieve ,rp2"D6°/D Cc " (D'°)° "with sand" or "with gravel", whichever is °If field sample contained cobbles or y° DLs X Dos predominant. boulders, or both, add "with cobbles or `If soil contains > 30% plus No. 200 boulders, or both" to group name. predominantly sand, add "sandy" to group CGravels with 5 to 12% fines require dual Plf soil contains≥ 15% sand, add "with name. symbols: sand" to group name. "If soil contains > 30%plus No. 200, GW-GM well-graded gravel with silt °If fines classify as CL-ML, use dual symbol predominantly gravel, add "gravelly" to group GW-GC well-graded gravel with clay GC-GM, or SC-SM. name. GP-GM poorly graded gravel with silt "If fines are organic, add "with organic fines" "PI > 4 and plots on or above "A" line. GP-GC poorly graded gravel with clay to group name. °PI < 4 or plots below "A" line. °Sands with 5 to 12% fines require dual Ilf soil contains > 15% gravel, add "with rPI plots on or above "A" line. • symbols: gravel" to group name. °Pl plots below "A" line. SW-SM woll-graded sand with silt 'If Atterberg limits plot in shaded area, soil ie SW-SC well-graded sand with clay a CL-ML, silty clay. SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay so Foe clualllctlbn ol tion eialnea o- ne udsoils 'amen or ce.,ee- / ya grained.ew / Equation ul"A'•lino V\ // Q. d Horizontal /ton at PI - 4 to LL • 25.5. /II" $lhen PI -0.73 ILL-201 o` ,P 10 a° "Equation 0'-U-�tine — -a-- oP - . Le --' in Vertical al LL • I9 to PI • 7, Z than PI •0.9(LL•a) .1/ G 7- 30 r- U // Cf __ _ OP a. // G�' MH on OH ---- / o _r CL • MI a I , I M L OR OL a 0 10 16 20 30 40 50 0 70 90 90 1W 110 LIQUID LIMIT(LL) • E'K'ING CONSULTANTS,RC 9311.28 DECLARATION OF COVENANTS, CONDITIONS AND ESTRICTIONS FOR WILLOW fl SPR AI 1 ON IN VRE UP Te A DO IOC PREAMBLE THIS DECLARATION, made on the date hereinafter set forth by Eugene L. and Pamela A. Habrock, Declarant. WITNESSETH: WHEREAS, the Declarant is the owner of certain property in the County of Weld, State of Colorado, which Declarant wishes to subject to this Declaration; and WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan (a) to protect and enhance the quality, value, desirabi- lity and attractiveness of all property which may be subject to this Declaration; and (b) to define certain duties, powers and rights of owners of property sub- ject to this Declaration with respect to use of such property and the architec- tural control of the dwellings and improvements thereon; and (c) to reserve, grant and convey certain easements and rights-of-way on, over, across, and through certain portions of such property; NOW, THEREFORE, Declarant, for itself, its successors and assigns hereby declares that all the Properties (hereafter defined) be made subject to this Declaration, in the manner hereinafter provided, and each part thereof shall , from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, easements, rights-of-way, restrictions, limitations, reservations, exceptions, 931129 equitable servitudes and other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to said Properties or any part thereof and shall be binding upon all persons or entities possessing any interest in said Properties and upon their heirs, personal representatives, successors and assigns and shall inure to the benefit of each person or entity having any such right, title or interest in said Properties or any part thereof. ARTICLE I DEFINITIONS Architectural Committee shall mean and refer to the Architectural Committee established by the Board of Directors pursuant to Article V hereinafter. Articles of Incorporation and By-Laws shall mean the duly recorded Articles of Incorporation for the Willow Springs Homeowners' Association and the duly adopted By-Laws of the Association. Association shall mean and refer to Willow Springs Homeowners' Association, its successors and assigns. Board of Directors shall mean and refer to the duly elected Board of Directors of the Association. Common Area shall mean and refer to all real property and the improvements presently located or subsequently constructed thereon, located within the Properties but not within any Lot. Common Expenses shall mean and refer to the following: the cost of installation, operation, maintenance, repair and replacement of the common irri- gation system described in Article VII hereinafter; maintenance and mowing of the easement area described in Article VII hereinafter to the extent and in the -2- 931128 event the Association shall be responsible therefor; installation, maintenance, repair, and replacement of the Perimeter Fence or any portion thereof and the removal of trash, rubbish and debris therefrom; snow removal , maintenance, repair and replacement of streets, street lighting and any related facilities; maintenance, repair, replacement, renovation, landscaping, and care of the Common Area; maintenance, repair, and replacement of any personal property owned by the Association; acquisition and maintenance of any casualty, public liabi- lity and other insurance; taxes and special assessments imposed upon the Common Areas or other property of the Association; legal and accounting fees of the Association; operational fees, expenses and liabilities incurred by the Association pursuant to or by reason of this Declaration or the Articles of Incorporation and By-Laws of the Association; payment of any deficit remaining from a previous assessment period; the creation and maintenance of any reaso- nable contingency, reserve, sinking or surplus fund; other sums declared Common Expenses by the provisions of this Declaration; and all other expenses lawfully incurred by the Association pursuant to this Declaration, the Articles of Incorporation and By-Laws of the Association. Declarant shall mean and refer to Eugene L. and Pamela A. Habrock and their successors and assigns if such successors or assigns acquire more than one undeveloped Lot from the Declarant for the purpose of development. His as used herein shall be gender neutral and shall mean his, hers, theirs, and its. Lot shall mean and refer to the twenty (20) individually numbered, iden- tified, and described plots of land shown upon the recorded subdivision map of the Properties and used for an individual single family residence and shall not include any Common Area. -3- 94311128 Member shall refer to a member of the Association as provided within Article III herein. Mortgage shall mean and refer to any mortgage deed, deed of trust or other security instrument creating a lien against any Lot; Mortgagee shall mean and refer to any grantee, beneficiary, or assignee of a Mortgage; First Mortgage shall mean and refer to the Mortgage having first and paramount priority under applicable Colorado law; First Mortgagee shall mean and refer to any grantee, beneficiary or assignee of a First Mortgage. Owner shall mean and refer to the owner of record within the real estate records maintained at the office of the Weld County Clerk and Recorder, whether one or more persons or entities, of fee simple title to any Lot, but excluding mortgagees. Perimeter Fence shall mean and refer to any fence erected by the Declarant or the Association on the outside perimeter of the Properties or which separates any Lot(s) from Common Area, a street, public right-of-way, or from property outside of the Properties. Plat shall mean the final recorded plat of the Properties as approved by Weld County and recorded in the records in the office of the Weld County Clerk and Recorder. Properties shall mean and refer to that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE II PROPERTY RIGHTS Section 1. Conveyance of Common Areas. The Common Area shall be conveyed by Declarant to the Association free and clear of any Mortgage prior to the conveyance of the first Lot by the Declarant. -4- 931t23 Section 2. Owners' Easements and Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the Articles of Incorporation and By-Laws and this Declaration, including not by way of limitation the following provisions: (1) The right of the Board of Directors to control the use and occupancy of the Common Area and to establish, modify, or terminate rules and regulations for same; (2) The right of the Association to borrow money, and upon assent of the required number of Owners and First Mortgagees as provided in Article XII, Section 5. below, to mortgage, pledge, deed in trust or otherwise hypothecate the Common Area as security for any such loan; (3) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility, or other- wise abandon, partition, subdivide, encumber, sell , or transfer any interest to all or any portion of the Common Area upon the assent of the required number of Owners and First Mortgagees as provided in Article VII, Section 5. below. Section 3. Delegation of Use. Any Owner may delegate, subject to this Declaration, the Articles of Incorporation and By-Laws, his right of enjoyment in and to the Common Area to the members of his family, their guests and invitees, and his tenants who reside on his Lot. Section 4. Mineral , Oil , and Gas Development. (to be inserted) -5- 9x1129 ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Voting Rights. The Association shall have two (2) classes of voting membership: (1) Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When the Owner is comprised of more than one person or entity, the vote for such Lot shall be exercised as between themselves they determine, but in no event shall more than one vote be case with respect to each Lot. Fractional votes cannot be cast and the Association may rely on the vote of less than all persons or entities comprising an Owner event though all are not present, in person or by proxy, at the time of the vote. (2) Class B. The only Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. Class B shall ter- minate when the total number of votes entitled to be cast by Class A equals the total number of votes entitled to be cast by Class B. Thereafter, there shall be a single class for voting with each Owner, including Declarant, entitled to one (1) vote for each Lot that Owner owns. -6- 9. 14 29 Section 3. Suspension of Voting. The Association shall suspend the voting rights (both as an Owner and Director) of any Owner, as well as suspend all authority that Owner may have by virtue of his holding any office of the Association or his being a Director of the Association, for any period during which any assessment against one or more of his Lots remains unpaid and for any period that Owner is either causing or permitting any infraction of this Declaration, the Articles of Incorporation and By-Laws, or its published rules and regulations. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) annual assessments, and (2) special assessments, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which such assessment is made. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment falls due. The personal obligation for the delinquent assessments shall not pass to successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties, for payment of Common Expenses, and for the improvement and maintenance of the Common Area, and for any other purpose reasonably incidental to such purposes. -7- 931129 Section 3. Maximum Annual Assessment. Until January 1 of the year imme- diately following the conveyance of the first Lot by Declarant to an Owner, the maximum annual assessment shall be Two Hundred Forty Dollars ($240) per Lot for all Lots. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment may be increased by the Board of Directors effective January 1 of each year without a vote of the membership, in correlation with the rise in the broadest Consumer Price Index ("CPI" ) for the Denver metropolitan area, if available (as published by the Department of Labor, Washington, D.C. ), for the preceding twelve-month period running from July to July. By way of example, if the CPI rose by 3% from July of year 1 to July of year 2, the annual assessment could be raised by 3% effective January 1 of year 3. The annual assessment may be increased above that established by the CPI formula by a vote of the Members. Any such change shall require the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose. The Board of Directors shall fix the amount of the annual assessment and provide written notice thereof to all Owners at least thirty (30) days in advance of the due date for each annual assessment. The initial annual assessment period shall be the calendar year running January through December. The Board of Directors may change the annual assessment period if necessary, as in the event the Association's fiscal year is other than the calendar year. Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment period, one or -8- 931l2q more special assessments applicable to that period only for the purpose of defraying, in whole or in part, unbudgeted costs and liabilities, payment of any deficit remaining from the previous period, and the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, and including a common irrigation system as provided in Article VII below, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting of the Members called for the purpose of taking any action authorized under Sections 3 or 4 within the Article shall be provided to all Members personally or by mail not less than thirty (30) nor more than sixty (60) days in advance of the meeting. If mailed, said notice shall be deemed delivered when deposited in the United States mail , addressed to the last known address of the Member, postage prepaid. At the first of any, such meeting called, the presence of Members or their proxies entitled to cast sixty percent (60%) of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, a second meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the first meeting. No such subsequent meeting shall be held more than sixty (60) days following the first meeting. Section 6. Rate of Assessment. Annual and special assessments shall be fixed at a uniform rate for all Lots. -9- 9'31 1 2R_ Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots and the first such annual assessment shall be due on the first day of the next month following the date of conveyance of the Common Area to the Association. The first annual assessment shall be prorated according to the number of months remaining in that calendar year. Thereafter, the due date for each assessment shall be established by the Board of Directors and included in the notice pro- vided each Owner. The Association shall , upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid to the date of issuance. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association. Section 8. Effect of Nonpayment of Assessment; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner (or previous Owner) personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Voting rights may also be suspended as provided in Article III above. Section 9. Subordination of Lien to Mortgagees. The lien of the assessments provided for herein shall be subordinate to the lien of any purchase money loan evidenced by a recorded First Mortgage, and to any executory land sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether recorded or not. However, to the -10- 931 +29 extent permitted by law, the assessment lien shall be superior to any homestead exemption as now or hereafter may be provided by Colorado law and the acceptance of a deed to any Lot shall constitute a waiver of the homestead exemption as against said assessment lien. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclo- sure of a First Mortgage, or any proceeding in lieu thereof, or the cancellation or foreclosure of any executory land sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether recorded or not, shall extinguish the assessment lien as to assessments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from any resulting lien. ARTICLE V ARCHITECTURAL CONTROL Section 1. Approval of Plans and Specifications. No building, fence, wall , driveway or other structure shall be constructed, erected or maintained upon the Properties, nor shall any exterior addition, change, or alteration thereto be made until two (2) complete sets of all plans and specifications showing the nature, kind, shape, height, materials, colors, finishes, and location of the same shall have been submitted to and approved in writing by the Board of Directors or by an Architectural Committee composed of three (3) or more repre- sentatives appointed by the Board, in which case the Architectural Committee shall have the powers and duties set forth herein. Any standards or guidelines utilized by the Board of Directors or Architectural Committee shall be uniformly applied to all plans and specifications submitted for review; however, such standards and guidelines may be modified or evolve over time as deemed necessary or appropriate by the Board of Directors or Architectural Committee. -11- 931.1.28 Any time access between a Lot and adjoining street is established, altered, or required, and any time an Owner submits original building designs to the Board of Directors or the Architectural Committee, plans and specifications for a culvert under any driveway providing such access between the Lot and the street adjoining the Lot shall be included, which design for a driveway culvert shall meet the following minimum specifications: the minimum size of the culvert pipe shall be fifteen (15) inches in diameter or such larger size as may be specified in the street plan for the subdivision approved by Weld County, with a flared end section; culverts shall be aluminum or steel corrugated metal pipe of at least 16-guage; all culverts shall extend at least four (4) feet beyond the edge of the driveway on each side or there shall be a headwall at any end which does not extend as far. All headwalls shall be specifically subject to approval by the Board of Directors or Architectural Committee. There shall be a minimum one (1) foot of soil or other acceptable cover over the top of all culverts. All culverts shall be installed prior to commencing construction of building improvements or Lot grading. In the event said Board, or its designated Committee, fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications or any additions, changes, or supplements thereto have been submitted, approval will not be required and this provision will be deemed to have been fully satisfied. Thereafter, any improvements made by the Declarant in strict conformance with the plans and specifications as submitted shall be deemed acceptable within the provisions and requirements relating to architectural control and approval . Section 2. Radio and Television Antennae or Electrical Devices. No exterior television antenna, radio antenna or satellite transmitting or -12- 93112S receiving devices shall be placed, allowed, or maintained upon any portion of the Properties without the express written consent of the Association or the Architectural Committee. In addition, no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located anywhere within the Properties shall be placed or maintained on any Lot. Section 3. Building Location. No building shall be located within fifty (50) feet of any Lot line/edge. For purposes of this section, garages (attached or detached), non-dwelling structures, dwellings, building corners, eaves, steps, porches and patios (roofed or not roofed) or other components of any structure shall be considered as part of the building. The Architectural Committee or Board may further limit the location of any improvements as provided within Section 1. of this Article. The Architectural Committee or the Board of Directors may grant relief from the provisions of this section for good cause shown. Section 4. Building Size and Finish. Other than as provided within Section 5. below, the only building permitted on any Lot shall be a single-family resi- dence. Any such residence shall be limited to both minimum square footage and required exterior finish. No such residence of a "ranch" or single-story design shall be less than 1,600 square feet, nor less than 1,800 square feet for any two-story residence, not including any porches, patios, decks, or any other similar improvement which is not fully contained within, and a part of, the year-round living area of such residence, nor any basement area or garage. With respect to the exterior finish of all such residences, not less than forty per- cent (40%) of the total exterior surface area, not including roof area, shall be of a non-siding or non-wood finish, but shall be of some contrasting material such as brick, stone, stucco, or similar material . No vertical siding or wood finish materials shall be permitted. The Architectural Committee or the Board may grant relief from the provisions of this Section for good cause shown. -13- 93112s Section 5. Non Dwelling Structure. In addition to the right of the Owner to construct a single-family residential dwelling upon each Lot, the Owner shall also have the right to construct a separate building or structure not to exceed eight hundred (800) square feet in size and fifteen (15) feet in height from ground level on Lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 14, 15, 19, 20 and two thousand (2,000) square feet in size and twenty-three (23) feet in height from ground level on Lot numbers 9, 10, 11, 16, 17, and 18. Such structures may not be occupied for human habitation and must be constructed in such a manner that it is comparable in nature, materials and style with the single-family residential dwelling located upon such Lot and shall otherwise be subject to approval as provided herein. Section 6. Building Height and Roof Pitch. No residential dwelling or other structure shall exceed twenty-eight (28) feet in height from ground level to the highest point on the dwelling or structure. The pitch of the roof on any dwelling shall not be less than six (6) feet of rise for each twelve (12) feet of span. Section 7. Temporary Structures Prohibited. No structure of a temporary character, including by way of example and not limitation, trailers, mobile homes (unless inside garage), tents, campers, shacks, out buildings or accessory buildings, for human habitation or otherwise, shall be permitted on any Lot at any time. Section 8. Owners' Fence. All fencing on the portion of any Lot adjacent to any street shall be 2 or 3 rail , treated wood fencing, post and rails, no higher than five (5) feet. All other fencing shall either be the same, or shall be constructed of wooden treated posts spaced no more than eight (8) feet apart with at least three (3) runs of double-strand wire. No barbed-wire or chain -14- 931128 link fence shall be permitted on any of the Properties except that each Lot shall be permitted one (1) chain link pen for keeping dogs or other household pets from running loose. Any such pen shall be no larger than three hundred (300) square feet in total size and its construction and location shall be sub- ject to Architectural Committee or Board approval as provided herein. The Architectural Committee or the Board of Directors may grant relief from the provisions of this section for good cause shown. Section 9. Garages. Each dwelling located on a Lot shall have a car garage for at least two (2) cars but not more than four (4) cars plus storage space. Such garage must be either attached to the dwelling unit or connected to the dwelling unit by a breezeway or similar architectural structure, shall be com- parable in nature, materials, and style with the dwelling unit, and shall other- wise be subject to approval as provided herein. In addition, each garage shall have a continuous driveway access from a public street. Carports are not allowed. The Board of Directors or Architectural Committee may grant relief from this section for good cause shown. Section 10. Landscaping of Lot. At the same time as submission of any plans and specifications, and subject to the same approval requirements, every Owner shall submit to the Architectural Committee or the Board of Directors a landscaping plan for his Lot. Such landscaping plan shall include information regarding the type and location of all sodding, seeding, trees, hedges and shrubs, and other customary landscape information as well as the location and type of any irrigation system. Section 11. Intersection Obstructions. No Owner shall construct any fen- ces, berm or other improvements or plant any shrubs, hedges or trees within twenty-five (25) feet of the corner of any Lot which corner is adjacent to -15- 931.44.29 intersecting streets which, when fully constructed or matured, will be greater than two (2) feet in height above the center line of the adjacent streets. ARTICLE VI USE AND OCCUPANCY Section 1. Use Restriction. All Lots shall be used and improved exclusi- vely for occupancy and residence by a single family. For purposes of this sec- tion, the term "single family" shall mean and refer to an individual or two (2) or more persons related by blood or marriage or an unrelated group of not more than three (3) persons living together in a residential dwelling unit. Section 2. Restrictions on Leasing. No Owner shall lease his residential dwelling to any group of people other than a "single family" as defined in Section 1 within this Article, nor shall any lease be for a period of less than thirty (30) days. All such leases shall be in writing and shall contain a covenant by the tenant or tenants that their use and occupancy of the dwelling are subject to the terms and conditions set forth in this Declaration, the Articles of Incorporation and By-Laws, and that such tenant will abide by the terms contained therein as well as any rules and regulations promulgated by the Association. Section 3. Home Occupations. In addition to any restrictions imposed upon Lots by Weld County with regard to home occupations or businesses, no Owner shall conduct nor permit any activity or occupation upon his Lot which shall involve the sale or storage of any inventory or merchandise or the delivery of inventory or merchandise or similar materials to the Lot. No more than fifteen percent (15%) of the space within a residential dwelling may be used for any business or home occupation. Notwithstanding the foregoing, the Board of Directors shall have the right to authorize prohibited business activities or -16- 9a1 29 home occupations upon any Lot provided that it shall first determine that such home occupation or business shall not unreasonably interfere with the use and enjoyment of any of the Properties and provided further that the Owner con- ducting such business activities or home occupation agrees to such reasonable rules and conditions as shall be imposed upon him by the Board of Directors. Section 4. Signs and Advertising. No signs (except one sign of not more than five (5) square feet per Lot advertising that Lot for sale or for rent), advertising, billboards, unsightly objects or nuisances shall be placed, erected or permitted to remain on any Lot, nor shall any Lot be used in any way or for any purpose which may endanger the health, safety or life of any person or which may unreasonably disturb other Owners. The foregoing provision of this section shall not apply to any signs, advertising or billboards of Declarant in connection with its sale of Lots or its development of the Properties. Section 5. Vehicles, Boats and Campers. No trailers, motor homes, camper units, boats or similar recreational vehicles shall be stored or permitted to remain for more than three (3) continuous days on any Lot (or the street adjoining any Lot) except within an enclosed garage or otherwise so not to be visible from neighboring Lots, the Common Area, or any street. In addition, no trucks, mobile homes, commercial vehicles or unused vehicles shall be kept, placed, stored or maintained upon any Lot or on the Common Area so to be visible from neighboring Lots, the Common Area or any street. Commercial vehicles engaged in the delivery or pick up of goods or services shall be exempt from the provisions of this section provided that they do not remain within the Properties in excess of the reasonable period of time required to perform such commercial function. For purposes of this section, a three-quarter (3/4) ton or smaller vehicle, commonly known as a "pick-up truck," shall not be deemed to be -17- 9311 29 a "truck" or "commercial vehicle." The term "unused vehicle" shall mean and refer to any vehicle which has not been driven under its own propulsion for a period of four (4) days or longer. Section 6. Household Pets and Livestock. No reptiles or bees of any kind shall be raised, bred, kept or boarded upon any Lot. Dogs, cats, or other household pets as the same may be defined and determined by the Board of Directors may be kept on any Lot provided the same are not kept, bred or main- tained for any commercial purposes. The Board of Directors may, in its sole discretion, limit the number of household pets which may be kept upon any Lot. However, each Owner shall have the right to keep a minimum of two (2) household pets on any Lot. Household pets shall be subject to any rules or regulations adopted by the Board of Directors and all governmental ordinances or laws appli- cable to the Properties. Each Owner shall be responsible for clean up and removal of his pet's excrement from the Common Area and any Lot. No pets may run loose, either on any Lot, the Common Area, or any street, at any time. All livestock shall be restricted based upon the following: Maximum Number Type per acre Cow 1 Horse 1 Llama 1 Mule 1 Burro 1 Sheep 1 Poultry 2 Rabbit 2 -18- 931428 Those included in the preceding list of livestock are the only animals (other than household pets) which are allowed within the Properties. Section 7. Garbage and Refuse. All rubbish, trash, garbage and other waste materials shall be disposed of in a neat and sanitary manner and shall be removed from each Lot on a regular basis and shall not be allowed to accumulate on any Lot, Common Area or other portion of the Properties. All containers or other equipment for the storage or disposal of garbage and trash shall be kept in a clean and sanitary condition. Trash containers for each Lot shall be kept within garages, other enclosures, or areas designated by the Board of Directors except during days designated for pickup and disposal . All containers shall have lids in place at all times. Section 8. Storage. No tanks for the storage of gas, fuel , oil , chemicals or similar liquids or gases shall be erected, placed or permitted above the surface of any Lot. The constructing, installing, or placing of any such tanks underground shall require submission of all plans and specifications and Board of Directors or Architectural Committee approval as provided within Article V herein. No clothesline, trash containers, equipment, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the Board of Directors which may require enclosure or screening, such as privacy fences, landscaping, or berm to conceal such areas from the view of neighboring Lots, the Common Area, and streets. Section 9. Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Area, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance. _19_ 931?29 Section 10. Recreational Vehicles. No automobile, pick-up truck, motor- cycle, minibike, moped, snowmobile or other motor-driven vehicle may be operated on any portion of the Common Area for recreational purposes. Section 11. Maintenance of Lots. Each Owner shall cut and control all grass, weeds, and other vegetation growing on his Lot, whether vacant, occupied, under construction or fully improved, and shall otherwise maintain and care for all landscaping on his Lot. Section 12. Use of Common Areas. All use and occupancy of the Common Area shall be subject to and governed by the rules and regulations adopted by the Board of Directors. No damage or waste shall be committed to the Common Area. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the approval of the Board of Directors. Nothing shall be altered on, constructed on or removed from the Common Area by any Owner without the approval of the Board of Directors. Section 13. Re-Subdivision. No Lot shall be re-subdivided into smaller lots nor conveyed or encumbered by any description or amount less than the full original dimensions as conveyed by the Declarant. Nothing herein contained shall prevent the dedication or conveyance of portions of Lots for additional easements for public utilities, nor prevent the Declarant from replatting all or a portion of the Properties. Section 14. Easements. All easements for the installation and maintenance of utilities and drainage areas and any related facilities as any such easements are shown on the Plat are hereby reserved for such purposes. All utilities shall be underground. No building or other structure shall be constructed, erected or placed upon any easement hereby reserved except fences and -20- 931,129 landscaping, and then only if such fences and landscaping do not unreasonably interfere with any proper use of any easement. The easement area within any Lot and all improvements within it shall be maintained continuously by the Owner of the Lot except improvements made by and for which a public authority, utility company or the Association is expressly responsible. Section 15. Drainage and Irrigation. No Owner shall modify or change the topography or contour of any drainage easement areas on the Lots and other por- tions of the Properties from the shape and outline established by the Declarant or persons or entities acting on behalf of Declarant; provided, however, that an Owner shall be permitted to modify the drainage easement areas on his Lot upon receiving written approval therefor from the Architectural Committee or the Board of Directors. Any Owner who in any way materially modifies the drainage pattern of a Lot, if modified without proper consent, shall be liable for any and all damages stemming therefrom and may be required to return such drainage patterns to their original topography or contour. Section 16. Declarant' s Use. Notwithstanding any provisions contained in this Declaration to the contrary, it shall be expressly permissible and proper for Declarant and Declarant' s employees, agents, independent contractors, and successors and assigns involved in the construction of dwellings upon the Lots or development of the Properties to perform such activities and to maintain upon such portions of the Properties as is necessary such facilities as may be reasonably required, necessary or incidental to the development of the Properties and the construction and sale of Lots, specifically including without limiting the generality of the foregoing, maintaining business offices, storage areas, construction yards, construction trailers and equipment, signs, model units and sales offices; provided, however, that neither Declarant nor -21- 9314,254 Declarant' s employees, agents, independent contractors, successors or assigns shall perform any activity or maintain any facility on any portion of the Properties in such a way as to unreasonably interfere with or disturb any Owner in the use, enjoyment or access of any Owner, his family members, guests or invitees, of and to his Lot, and to public ways. ARTICLE VII COMMON IRRIGATION SYSTEM AND RELATED EASEMENT Section 1. Purpose. Declarant is hereby reserving the right, but not the obligation, on behalf of itself and the Association, to install , construct, operate, maintain, repair, and replace a common irrigation system on, over, across, and through portions of the Properties as hereafter described in order to deliver water for the benefit of and use on the Common Area, or the Lots, or both. Two existing adjudicated irrigation wells and some related improvements consisting of pipeline, ditches, and diversion structures, are located within and are a part of the Common Area. These existing irrigation system components may be utilized as is, may be expanded and supplemented with additional similar improvements, or may be replaced or modified by Declarant or the Association, now or hereafter, as deemed advisable in its sole discretion. Section 2. Easement. Declarant hereby reserves unto itself, and grants and conveys to the Association, for their mutual benefit, an easement and right-of- way on, over, across, and through: (1) the Common Area; (2) a forty- (40) feet wide strip of the Properties including the existing ditch, ditch road, and land on both sides thereof, running northwest to southeast and crossing portions of Lots 2, 3, 9, 10, 11, 12, 13, 14, 15, and 16, as more particularly described by legal description attached hereto as Exhibit "B" and incorporated herein by reference; (3) the western most ten (10) feet of Lots 1, 2, 3, 4, and 5 as -22- 9311.29 reflect on the Plat; (4) a twenty- (20) feet wide strip of Lot 3 being the southernmost twenty (20) feet of said Lot 3, the southern edge of said strip being the Lot line between Lot 3 and Lot 4 and running northwest to southeast from Outlot "D" to the eastern Lot line of Lot 3; and (5) a twenty- (20) feet wide strip within every Lot, said strip being the first twenty (20) feet within any Lot located adjacent to any Lot line adjacent to any street/road right-of- way. The nature and extent of said easements and rights-of-way shall be as reasonably necessary in connection with the location, installation, construc- tion, operation, maintenance, repair, and replacement of any common irrigation system now existing or as may be expanded, modified, or replaced as provided herein. Section 3. Construction/Replacement Costs. The two irrigation wells and related existing improvements shall be contributed to the Association as Common Area. If and to the extent Declarant chooses, at its sole discretion, to replace, modify, or expand the existing system as a part of its development of the Properties, all costs associated therewith shall be born solely by Declarant. If and to the extent the Association at any time chooses, at its sole discre- tion, to replace, modify, or expand the existing system, all associated costs shall be a Common Expense. Section 4. Operation and Maintenance. All operation, maintenance, repair, and necessary replacement of any common irrigation system, and all costs asso- ciated therewith, shall be the sole responsibility of the Association and accounted as a Common Expense. Notwithstanding anything to the contrary herein, the costs of any repair or replacement necessitated by any intentional or negli- gent act or omission by any Owner or his agent, guest, invitee, or permitee, as reasonably determined by the Board of Directors, shall be payable by that Owner -23- 921 29 as a personal obligation and also a lien charged against and running with his Lot and shall trigger the same rights and remedies as provided by Article IV, Section 8. above. Section 5. User Fees. Every Owner who uses any common irrigation system to irrigate on his Lot shall be charged a fee based upon the amount of water so used. Such fees shall be determined and set by the Board of Directors as will be any required time and method of payment. To the extent reasonably possible, the Board of Directors shall set such fees so that in the relevant year, the amount collected in such fees from any Owner approximates the proportionate costs of that Owner in connection with the operation, maintenance, repairs, and necessary replacements of the irrigation system; "proportionate costs" means, based on relative amounts, the water used on that Lot as compared with the water used on all other Lots and the Common Area. In addition, the Board of Directors may increase the fee so calculated to provide for some recapture over a reaso- nable period of the cost of installing and constructing a new or replacement system or expanding the existing system--but only to the extent the Association paid such costs as a Common Expense as provided herein. No fee shall be assessed against the Association for use of the irrigation system to irrigate any Common Area. Any fees owed by any Owner shall be a personal obligation of that Owner and also a lien charged against and running with his Lot and shall trigger the same rights and remedies as provided by Article IV, Section 8. above. Section 6. Owner Connection. If a common irrigation system is made available to any Lot, it must be available to any other Lots whose Owners have requested it after allowing a reasonable time thereafter to permit the Association to make any changes or additions to the system to permit access. -24- 931.429 Any request to access the irrigation system must be made to the Board of Directors in writing and must include any plans and specifications deemed necessary by the Board of Directors, which may include engineered drawings and specifications, and pertaining to the following: (a) The location on the system where the Lot's access will be made; (b) The method of tying into the system and diverting and transporting water to the Lot; (c) The method and location of all irrigation to take place on the Lot; and (d) A plan for assuring that no excess or tail water migrates or otherwise passes onto any neighboring Lots or Common Area except via a designed route returning any such water to the irrigation or other acceptable drainage system. Only upon the Board of Directors' review and approval of all such plans, drawings, and specifications shall any Owner be permitted to access and use the irrigation system. All costs associated with the preparation of such plans, drawings, and specifications, as well as the cost of actual connection, on-Lot irrigation system, and tail water return system shall be borne solely by the Owner. Once connected to the system, it shall be the sole responsibility of the Owner to properly operate, maintain, and repair his system, beginning at the point of connection to the common system, and to properly carry and control all water until its return to the common irrigation or other acceptable drainage system and to pay all costs associated therewith. By accessing and using the common irrigation system, the Owner promises to indemnify the Declarant, the Association, and all other Owners against any loss, damage, claim, or liability stemming from any intentional or negligent act or omission by that Owner in connection with his taking and using any water from the system. -25- 931129 Section 7. Maintenance of Easement Area on Lots. Any improvements related to any common irrigation system and located within an easement and right-of-way on any Lot shall be maintained by the Association as a Common Expense. Other than such improvements, the Owner is responsible for all maintenance within any easement and right-of-way on his Lot. No Owner shall cause or permit any improvements or landscaping to be located, or place any trash, rubbish, waste, clippings, or any other material within such easement and right-of-way which would interfere with the ability of the Association to access, operate, and maintain any existing or future irrigation system. ARTICLE VIII PERIMETER FENCES Section 1. Perimeter Fences - Repair and Maintenance. If the Declarant or the Association chooses, at its sole option, to construct any Perimeter Fences, the Association shall be responsible for repairing, maintaining, and replacing such Perimeter Fences and also the periodic collection and removal of all trash accumulating on either side of any Perimeter Fence and the cost thereof shall be a Common Expense. Section 2. Negligent or Willful Acts. Notwithstanding any other provisions of this Article VIII, any Owner who, by his negligence or willful acts or omissions, as determined by the Board of Directors, causes any portion of any Perimeter Fence to be damaged or destroyed, shall bear the whole cost of repair or replacement of such portion of the Perimeter Fence. Such cost shall consti- tute both a personal obligation of such Owner as well as a charge against and running with the Lot and nonpayment shall trigger all rights and remedies as provided within Article IV, Section 8. above. -26- 931429 ARTICLE IX STREETS Section 1. Streets. The Association shall be responsible for maintaining all streets and related improvements within the Properties. The Declarant will improve the streets to meet the standards of Weld County. The streets and related improvements shall thereafter be maintained in good condition by the Association at all times for the benefit of all Owners and all costs related thereto shall be a Common Expense. If at any time in the future Weld County assumes responsibility for maintenance of streets and related improvements, the responsibility of the Association to provide such maintenance shall thereupon end to the extent assumed by Weld County. Section 2. Weld County Requirements. Pursuant to the requirements of the Subdivision Resolution of Weld County, Colorado, the Declarant hereby states that in the event the Association should for any reason fail to perform its duties to maintain Common Areas, streets and similar facilities on. the Properties, Weld County may, in accordance with the provisions of the Weld County Subdivision Resolution, after notice as provided therein, undertake to maintain such facilities and the cost of such maintenance is required to be paid by the Owners within the Properties that have right to enjoyment or use of such common facilities, collectible by assessment through the Weld County Treasurer in the manner provided by law for collection, enforcement and remittance of general property taxes. Reference to the Weld County Subdivision Resolution is hereby made and the same incorporated herein by reference as if set forth in full herein. -27- 931429 ARTICLE X INSURANCE Section 1. Casualty Insurance on Insurable Common Area. The Association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other prop- erty, whether real or personal , owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable. The Association shall be the owner and beneficiary of any such insurance and any proceeds thereof shall be payable to the Association. Section 2. Replacement or Repair of Property. In the event of damage to or destruction of any of the improvements or property owned and insured by the Association, the Association shall , to the extent possible and deemed advisable by the Board of Directors, repair or replace the same from insurance proceeds available. If such insurance proceeds are insufficient to cover the cost or repair or replacement of the improvements or property damaged or destroyed, the Association may make a special assessment, subject to Article IV, Section 4. above, to cover the additional cost of repair or replacement. Section 3. Liability Insurance. The Association shall obtain a comprehen- sive policy of public liability insurance covering all of the Common Area in an amount not less than One Million Dollars ($1,000,000) per injury, per person, per occurrence, covering all claims for bodily injury or property damage. Such coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association and activities in connec- tion with the ownership, operation, maintenance and other use of the Common Area or other Association property. -28- 9314.28 Section 4. Fidelity Insurance. The Association may, but is not required to, obtain fidelity bonds to protect against dishonest acts on the part of its officers, directors, trustees and employees and all others who handle or are responsible for handling funds of the Association. Section 5. Workmen' s Compensation Insurance. The Association shall obtain Workmen's Compensation or similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 6. Officers' and Directors' Personal Liability Insurance. The Association may obtain officers' and directors ' personal liability insurance to protect the Association' s officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and direc- tors on behalf of the Association. Section 7. Other Insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the Association' s responsibilities and duties. Section 8. Insurance Premiums. Except as otherwise set forth herein, insurance premiums for any of the above-described insurance shall be a Common Expense. A separate account of the Association shall be maintained and used solely for the payment of the premiums for such insurance as such premiums become due. First Mortgagees shall have the right, jointly or severally, to pay all overdue premiums on hazard insurance policies, or secure comparable new hazard insurance coverage in the event of a lapse of such a policy, for the Common Area; any such First Mortgagee making such payment shall be owed immediate reimbursement therefor from the Association. -29- 9314.29 Section 9. Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make necessary repair or replacement of the Common Area or other property of the Association which may be damaged or destroyed. ARTICLE XI RIGHT OF REPURCHASE If any Owner or his successor fails to commence construction of a dwelling unit on his Lot which meets the requirements of this Declaration within a period of twelve (12) months after the original sale of said Lot by Declarant, Declarant shall have the right, but not the obligation, to repurchase the Lot at any time within one hundred eighty (180) days after the expiration of such 12-month period upon giving the Owner fifteen (15) days' written notice of Declarant' s intent to repurchase. The repurchase price shall be the price received by Declarant for the Lot when originally sold by Declarant, plus interest at ten percent (10%) per annum thereon, plus reimbursement for any real property taxes paid by Owner relating to the Lot, plus any annual or special assessments by the Association actually paid by such Owner. Any outstanding Mortgage or other lien against the Lot shall be paid or assumed by Declarant and Declarant shall receive a credit against the repurchase price equal to the amount paid or assumed. Liens to be paid off or assumed with a credit to Declarant on the repurchase price shall not include unpaid assessments by the Association which shall be assumed without credit on the repurchase price. The provisions of this Article shall be specifically enforceable by Declarant through appropriate court proceedings. If Declarant fails to give written notice of Declarant's intent to exercise its right of repurchase within the 180-day period as aforesaid, such right of repurchase shall be deemed waived. -30- 93112S Declarant reserves the right at its sole discretion to extend the time to com- mence construction by any given Owner and on any given Lot but any such exten- sion must be in writing and Declarant' s right of repurchase shall automatically be deferred to the end of any such extension of time. Commencement of construc- tion as used herein means that the Owner of the Lot has satisfied all of the following requirements: (a) Obtained approval of all building plans and specifications from the Board of Directors or the Architectural Committee as required by this Declaration; (b) Obtained building permits from the appropriate governmental authorities authorizing construction of the improvements as approved by the Board of Directors or Architectural Committee; (c) Entered into a construction contract with a contractor for construction of said improvements; and (d) Actually commenced construction work and diligently continued such work on the Lot in accordance with the approved plans and specifications and the building permit. This right of repurchase shall apply to any party purchasing a Lot from Declarant and to every subsequent Owner succeeding such party. This right of repurchase shall in no way impair the lien of any First Mortgage and if a First Mortgage is outstanding on any Lot so repurchased, the Declarant shall first pay off and discharge or assume said Mortgage and receive a credit on the purchase price equal to the amount so paid, with any remaining balance of the purchase price to be paid to the Owner. Notwithstanding anything to the contrary herein, this provision shall be enforceable and of full force and effect only during the -31- 931429 original twenty (20) year term of this Declaration. This provision shall not be extended, automatically or otherwise, beyond said original term. ARTICLE XII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, con- ditions, covenants, easements, reservations, liens, and charges now or hereafter imposed or created by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein con- tained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any provision contained herein by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The provisions, covenants, and restrictions of this Declaration shall run with and bind the land for an original term of twenty (20) years from the date this Declaration is first recorded, after which time they shall be automatically extended for successive terms of ten (10) years. This Declaration may be amended during the original twenty- (20) year term by an instrument signed by the Owners of not less than ninety-one percent (91%) of the Lots and sixty percent (60%) of the First Mortgagees, and thereafter by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots and fifty percent (50%) of the First Mortgagees. Mortgagees shall be entitled to one (1) vote for each Lot on which they hold a First Mortgage. Any amendment must be recorded in the records of the office of the Weld County Clerk and Recorder. -32- 921'.29 Section 4. Limitations on the Association. Unless the Owners of ninety-one percent (91%) of the Lots and sixty percent (60%) of the First Mortgagees have given their written approval , the Association shall not: (1) Use insurance proceeds for losses to any Common Area improvements for other than the repair, replacement, or reconstruction of those improve- ments or the addition of other Common Area improvements as deemed appropriate or advisable by the Association; (2) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer all or any portion of the Common Area (the granting of easements for public utilities and for other public purposes consistent with the intended use of the Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or (3) Change the method as described herein of determining the obligations, assessments, dues or other charges which may be levied against an Owner. Section 5. Management of the Common Areas. The Board of Directors of the Association may obtain and pay for the services of a managing agent to manage the Association's affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation and maintenance of the Common Areas; provided, however, that any contract in regard to the hiring or employing of such a managing agent, or other personnel , shall not be for a term in excess of three (3) years and shall provide that the same shall ter- minate at any time on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. -33- 9311.29 Section 6. Condemnation of the Common Areas. If, at any time or times, during the continuation of this Declaration, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu thereof, or in advance thereof, all compensation, damages or other proceeds therefrom shall be payable to the Association. The Association shall use such proceeds for restoration of the remaining Common Area, if possible, or if not possible, to pay any deficiencies in Common Expenses or to establish new or increased reserves as may be deemed necessary by the Board of Directors, or may distribute such proceeds to the Owners. Any distribution would be made equally to the Owner of each Lot. Distributions of any such proceeds to the Owners shall be made by checks payable jointly to the Owners and their respective First Mortgagees. Section 7. Payment of Taxes by First Mortgagees. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 8. Evidence of Lien. Upon request of a First Mortgagee, the Association shall provide that First Mortgagee with written notice of any then existing default in the performance of any obligations under this Declaration, the Articles of Incorporation, and By-Laws by its mortgagor of which the Association is aware. Any Mortgagee may, but shall not be required to, pay any unpaid assessments due and owing by its mortgagor; upon such payment, such Mortgagee shall have an additional lien on such Lot for the amount paid but only of the same rank as the lien of his or its original lien and not of the rank of an assessment lien. -34- 9314.29 Section 9. County Rights. Notwithstanding any other provisions contained herein, no change, either by amendment or lapse of time, may be made to the provisions of this Declaration insofar as the provisions require that the Association maintain streets and Common Area within the Properties, unless such change is specifically approved by Weld County (so long as the county has juris- diction over the Properties) or any municipality which may acquire jurisdiction over the Properties by annexation. Section 10. Indemnification. The Association shall indemnify and hold harmless the Declarant from and against any and all claims, lawsuits, damages, costs, or other liabilities of any kind in any way related to the Properties, including the Common Area, or any act or omission of the Association or any of its directors, officers, agents, employees, or independent contractors, unless caused by or related to Declarant's negligent or intentional acts or omissions. The Association shall indemnify and hold harmless its directors, officers, agents, employees, and independent contractors from and against any and all claims, lawsuits, damages, costs, or other liabilities of any kind in any way related to the Properties, including the Common Area, or any act or omission of the Association, unless caused by or related to said directors, officers, agents, employees, or independent contractors' negligent or intentional acts or omissions. IN WITNESS WHEREOF, the undersigned, being the Declarant hereilt$01NO hereunto set its hand this day of �� . ' 3� ,,>>o`' . * 000 VD'un Eugene L. Habrock Pamela A. Habrock -35- 9314 29 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The above and foregoing instrument was acknowledged before me by Eugene L. Habrock and Pamela A. Habrock this day of , 1993. Notary Public My commission expires -36- 9 c1429 0n4 a M "THE PROPERTIES" WSCRIPTIQN A PARCEL OF LAND LOCATED IN SECTION 24. TOWNSHIP 6 NORTH. RANGE 67 WEST OF THE 6TH P.1L, WELD COUNTY. COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24 AND CONSIDERING THE WEST LINE OF' THE NORTHWEST QUARTER TO BEAR NORTH 0012'13• EAST WITH AU. BEARINGS CONTAINED HERON RSATTVE THERETO; SAID POINT BEING THE 'TRUE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24. NORTH 001217 BAST, 2196.46 FEET TO A POINT FIFTY FEET SOUTH AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF THE GREELEY /2 CANAL: THENCE PARALLEL AND 50' SOUTH OF SAP) CENTERLINE THE FOLLOWING 19 COURSES 1. THENCE SOUTH 7741'05 EAST. 114.16 FEET: 2. THENCE 129.10 FEET ALONG THE MC OF A CURVE HAVING A RADIUS OF 171.50 FEET AND A CENTRAL ANGLE OF 43'074?. WHOSE RADIUS POINT BEARS NORTH 1218'55 EAST; 3. THENCE NORTH 89'11'06' EAST, 17.93 FEET; 4. THENCE 64.67 FEET ALONG THE MC OF A CURVE HAVING A RADIUS OF 61.98 FEET AND A CENTRAL ANGLE OF 57471['. WHOSE RADIUS POINT SCARS SOUTH 3048's? EAST: S THENCE SOUTH 81'0742 EAST. 81.21 FEET: 6. THENCE 19021 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 214.29 FEET AND A CENTRAL ANGLE OF 50'51'27, WHOSE RADIUS POINT BEARS NORTH 2558'16' EAST: 7. THENCE NORTH 68'06'47 EAST. 67.98 FEET; 8. THENCE 29029 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 431.05 FEET AND A CENTRAL ANGLE OF 38'39'52". WHOSE RADIUS POINT BEARS SOUTH 2163'11' EAST; 9. THENCE SOUTH 73'13'19' EAST 141.03 FEET: 10. THENCE 84A8 FEET ALONG DK ARO OF A CURVE HAVING A RADIUS OF 420.67 FEET ANC A MORN. ANGLE OF 11'30'12'. WHOSE RADIUS _ POINT BEARS NORTH 18'48'41' EAST; 11. THENCE SOUTH 81'43'0? EAST. 23.17 FEET: 12. THENCE 188.88 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 139.29 FEET AND A CENTRAL. ANGLE OF 77'40'57. WHOSE RADIUS POINT BEARS NORTH 28'18'53' EAST: 13. THENCE NORTH 4035'55 EAST. 104.32 FEET; 14. THENCE NORTH 36'00'15' EAST. 96.80 FEET: 15. THENCE 102.96 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 59.05 FEET AND A CENTRAL ANGLE OF 9954'19', WHOSE RADIOS POINT BEARS SOUTH 53'59'45' EAST; 16. THENCE SOUTH 44'05'26' EAST, 118.39 FEET: 17. THENCE 187.55 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 388.22 FEET AND A CENTRAL ANGLE OF 2749'24', WHOSE RADIUS POINT BEARS NORTH 45'54'34' EAST; 18. THENCE SOUTH 71'54'5[' MT. 128.45 FEET; 19. THENCE SOUTH 69'49'54• EAST. 231.51 FEET TO AN EXISTING FENCE UNE: THENCE ALONG SAW FENCE LINE. SOUTH 01'14'1? EAST. 2005.78 FEET TO THE SOUTH UNE OF THE NORTHWEST QUARTER OF SAID SECTION 24; THENCE ALONG SAID UNE. SOUTH 59'34'28' WEST. 2211.45 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 109.01 ACRES EXHIBIT "A" 91.1 29 PORTION OF COMMON IRRIGATION SYSTEM EASEMENT An easement and right-of-way on, over, across, and through a portion of the Properties, including a part of Lots 2, 3, 9, 10, 11, 12, 13, 14, 15, and 16 as those Lots are described on the Plat\for the purpose of and to the extent s reasonably necessary for and in connection with the location, installation, construction, expansion, modification, operation, maintenance, repair, and replacement of a common irrigation system for the benefit of the Common Area and the Lots, said easement and right-of-way being forty (40) feet in width lying fifteen (15) feet north and east and thirty-five (35) feet south and west of a line described as follows: located within Weld County, Colorado. EXHIBIT "B" 4w: ^u' 931429 Hello