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RESOLUTION
RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (MT. VIEW
ESTATES #1) - IVAR AND DONNA LARSON
en 0
o C) WHEREAS, the Board of County Commissioners of Weld County, Colorado,
\ • pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
'i O with the authority of administering the affairs of Weld County, Colorado, and
v
0 3 WHEREAS, the Board of County Commissioners held a public hearing on the
30th day of March, 1994, at the hour of 10:00 a.m. in the Chambers of the Board
c
tit w for the purpose of hearing the application of Ivar and Donna Larson, 925 North
a County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final
v Plat (Mt. View Estates #1) on the following described real estate, to-wit:
a Part of Section 5, Township 4 North, Range
as 68 West of the 6th P.M. , Weld County,
Colorado
r+ X
a WHEREAS, said applicants were represented by John Chilson, Attorney, and
rn U
Z WHEREAS, Section 4.5.16 of the Weld County Subdivision Ordinance provides
a standards for review of said Minor Subdivision, and
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O 0
WHEREAS, the Board of County Commissioners heard all of the testimony and
o statements of those present, studied the request of the applicants and the
44 w recommendations of the Weld County Planning Commission and all of the exhibits
m and evidence presented in this matter and, having been fully informed, finds that
en z this request shall be denied for the following reasons:
N .Q
O
>' 1. It is the opinion of the Board of County Commissioners that the
w applicant has not shown compliance with Section 4.5.16 of the Weld
County Subdivision Ordinance as follows:
w 03
411 o a. This property is zoned A (Agricultural) . The Agricultural
'i 'i Zone District was established to maintain and preserve the
w w agricultural base of the County. This proposal will take 25
acres of irrigated farm land out of production. The
Comprehensive Plan attempts to minimize the incompatibilities
that occur between agricultural and urban uses, and this
request will not only increase incompatible uses but will make
current farming practices in the area far more difficult.
Additionally, the potential for increased interference is
probable.
940302
PLC ggQ e ; iti eN) 2 ' X15 i;
MINOR SUBDIVISION FINAL PLAT - LARSON (MT. VIEW ESTATES #1)
PAGE 2
b. This proposal is not consistent with the Agricultural Zone
policies in the Weld County Comprehensive Plan. This proposal
is located in the A (Agricultural) Zone District and is
An 0 evaluated under the Agricultural Goals and Policies. A goal
o of the Agricultural Zone District is to encourage residential
development to locate adjacent to existing incorporated
ro o municipalities. The parcel is located approximately 1 1/2
miles from the city limits of Loveland; however, the City of
Loveland does not consider this parcel to be a part of its
o 3 Urban Growth Boundary. It is the opinion of the Department of
o a Planning Services' staff that the approval of this request
w encourages "leapfrog" or noncontiguous development in a rural
alocation.
0
U
c. This request does not represent efficient and orderly
development nor does it demonstrate compatibility with
L existing surrounding land use in terms of general use, scale,
• x density, traffic, dust, and noise. The current general use of
the surrounding area is agricultural. The scale and density
al V of the proposal far exceeds the current nature of the area.
Based on census data, this site will generate 26 additional
-i H people in this area. With an increase of density, noise
V w V' levels, traffic generated, and general overall appearance of
E
o u2 this area will change from rural to urban.
C4
0 d. The soil is mostly Nunn Clay Loam 1-3% slopes. This soil has
w fair-to-poor potential for urban development. It has moderate
m z to high shrink/swell, low strength, and moderately slow
Cr) Z permeability. These features create problems in dwelling and
o road construction (United State Department of Agriculture,
V a P.26) . These same concerns have been addressed by the Health
a Department and CDS Engineering. The Health Department has
received additional information to determine the suitability
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a of septic systems, however CDS Engineering has stipulated the
d o need to provide geotechnical investigation and engineered
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foundations for each lot.
e. While clay soil performs poorly for urban development, this
soil is also classified as prime farm land. As such, this
ground plays a vital role as the County's most important
natural resource (U.S. Agriculture Soil Conservation Survey,
National Soils Handbook) . The Comprehensive Plan calls for
the preservation and expansion of prime agricultural land. In
fact, the Comprehensive Plan stipulates that, if development
is suggested for prime agricultural land, appropriate
alternative areas should be sought.
940302
MINOR SUBDIVISION FINAL PLAT - LARSON (MT. VIEW ESTATES #1)
PAGE 3
f. John Donnely, P.E. , contractor Eor the applicant has suggested
that these two pieces of ground are no longer viable farms due
m o to their size, proximity to other housing, and lack of
O v knowledge of nearby residents. The size of the current
o\ - parcels is similar to other existing surrounding farms. By
m O splitting these parcels into nine lots, the applicants will
invite even more people and children into the existing farm
Q
a area, thereby creating the possibility for even more urban and
0 co
3 rural conflict. More owners will further increase conflict
and confusion regarding the use of irrigation water.
o a
vs w
a g. The proposed Minor Subdivision will create a new access onto
0 Colorado State Highway 60. Therefore, the applicants have not
cal shown compliance with Section 4.5.16. 11 of the Weld County
v a Subdivision Ordinance, which requires: "that no additional
-. 0 access to a County, State, or Federal highway will be
in
,i w created. "
a
w
d' a Staff has received numerous objections both verbally and in writing
v in opposition to this request. The major concerns regard:
CI rz. compatibility with the surrounding area, character of the
w development, potential interference with agricultural uses, safety
oE.
oo issues and general concern for protecting the current agricultural
m lifestyle of the area.
05
e-• 1 w NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
co z County, Colorado, that the application of Ivar and Donna Larson for a Minor
N z Subdivision Final Plat (Mt. View Estates #1) on the hereinabove described parcel
0 of land be, and hereby is, denied.
>4
0 c4
a The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of March, A.D. , 1994.
w 0
it, ' / l BOARD OF COUNTY COMMISSIONERS
ATTEST: '' -�/ tu% WELD COUNTY COLORADO
Weld County Clerlf:'£h'the Board / 1. At
�l , C H. Webster, air
Deputy 6 rk to the Board DalleJC3 Hall, m
APPROVED AS TO FORM: L/c-c---�/ l/ r 4*
/Ge ge E4- Baxter
Co y Attorne onstance L. Harbert
Barbara J. Kirkm/yer
940302
HEARING CERTIFICATION
DOCKET NO. 94-28 AND 94-29
RE: MINOR SUBDIVISION FINAL PLAT (MT. VIEW ESTATES #1 AND #2) - LARSON
A public hearing was conducted on March 30, 1994, at 10:00 a.m. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Jeff Stoll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 2, 1994, and duly
published March 17, 1994, in the Windsor Beacon, a public hearing was
conducted to consider the request of Ivar and Donna Larson for two Minor
Subdivision Final Plats (Mt. View Estates #1 and Mt. View Estates #2) .
Lee Morrison, Assistant County Attorney, made this a matter of record.
Monica Mika, Planning Department representative, presented the Board with
a Second Corrected Resolution and read the unfavorable recommendation of
the Planning Commission into the record. She stated for the record that
cases S #347 and S #348 have the exact same recommendations for denial.
John Chilson, Attorney, represented the applicant. After discussion and
clarification from Mr. Morrison and Ms. Mika, Mr. Chilson stated he would
be referring to Sections 4.5. 16.1 through 4.5. 16. 16 of the Weld County
Subdivision Regulations, dated August 10, 1993. Mr. Chilson then
clarified the status of submittals and referrals which were processed and
monitored by staff and requested a staff report. In response to Mr.
Chilson's request, Ms. Mika indicated the Inventory of Items Submitted
delineates any correspondence and documentation received by staff. After
further discussion, the Board determined a staff report had been
presented. Mr. Morrison clarified the Board has a staff report in the
record and can consider anything in the record. Discussion ensued
concerning Mr. Chilson's right to cross examine and Commissioner Webster
explained the normal procedure for the Board's hearings. Mr. Morrison
clarified there is a distinction between questioning staff and formal
cross examination, with questioning being the proper method. After
further discussion, Mr. Morrison said the questions must be relevant and
non-repetitive; the Board is not bound by formal evidentiary rules and can
exercise control over the scope of evidence; and the questioning should
not go beyond gathering of evidence nor be used to intimidate witnesses.
The Board concurred that questions may be asked so long as they are not
harassing or intimidating to staff and the Board has control. In response
to questions from Mr. Chilson, Ms. Mika referred to the State Department
of Transportation's letter of concerns dated December 20, 1993, and
confirmed its concerns have been addressed. She also read the letter from
the City of Loveland into the record stating there would be no comment.
Ms. Mika confirmed the Health Department's concerns regarding septic
systems had been addressed. Mr. Chilson confirmed for Commissioner
Harbert that the Thompson Valley School District had no objections and
stated the status of the record is that no referral agency opposes the
development. Ms. Mika said there are agencies with concerns, but no
opposition. Responding to further questions from Mr. Chilson, Ms. Mika
referred to Page 27, Section 4.5.16.5, of the Subdivision Ordinance
concerning soil conditions and Section 4.5. 16.17 concerning unreasonable
burden for services. She also referenced correspondence with the Larsons
concerning said Sections. Ms. Mika confirmed there are no other
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/ ) / (- C 9 e ; PL
RE: HEARING CERTIFICATION - LARSON (MT. VIEW ESTATES O1 AND #2)
PAGE 2
governmental entities, other than Weld County, that have jurisdiction over
this request, and all utilities have committed to serve the development.
She also stated rezoning is not required prior to this development since
the applications were submitted before the Subdivision Regulations were
amended. Mr. Morrison clarified Section 31 of the Zoning Ordinance was
amended, and the language that allowed minor subdivisions in Agricultural
Zones was deleted. Donna Larson, applicant, presented an aerial photo of
the area, with an overlay of the proposed development, as Exhibit G for
the record. She explained the lot size will be 2.5 acres and the site is
within an Urban Growth Boundary Area. She explained the history of the
area, which was broken into residential lots in 1970, and indicated they
have farmed the 25 acres for over 20 years. Ms. Larson stated the 25-acre
strip is difficult to farm and very close to residential lots; therefore,
they applied for a recorded exemption in 1974 and are now requesting minor
subdivisions. She addressed each point of the staff's recommendation for
denial and explained compliance with each applicable section of the
Subdivision Ordinance. She said there would be covenants, which Mr.
Morrison has reviewed and found acceptable, and a home owners'
association.
Let the record reflect a recess was taken at this time.
Upon reconvening, Ms. Larson concluded her presentation on compliance with
the Subdivision Ordinance and answered questions from the Board and Mr.
Chilson. Ms. Larson also submitted and explained a road alignment
prepared by CDS Engineering Corporation as Exhibit H for the record.
Discussion ensued concerning the road to the subdivision which was half on
the Larson's property and half on the Kuehl's property and has now been
moved totally onto the Larson's property with a new access. In response
to further questions from the Board, Ms. Larson indicated the recorded
exemption in 1974 was intended for the long-term use of rural residential;
however, smaller parcels would better utilize the property, since all
utilities are existing and it is within 3 miles of Loveland. Ms. Mika
noted Loveland is in the process of changing its limits and boundaries and
staff's lj-mile distance was only an approximation. John Clagett,
surrounding property owner, voiced his opposition and concerns about the
development. (Changed to Tape 094-18 during Mr. Clagett's comments. )
Discussion ensued concerning whether to allow Mr. Chilson to cross-examine
people presenting public testimony. Mr. Morrison reiterated that cross-
examination is not required and the witnesses have not been subpoenaed;
therefore, it was decided that the public would be allowed to decline
answering Mr. Chilson's questions if so desired. Mr. Chilson made an
offer of proof to test the veracity of Mr. Clagett's knowledge since he
declined to answer questions. Don Brehm and Valeria Brehm, surrounding
property owners, also objected to the development and informed the Board
of the high crop yields from the subject property. Mr. Brehm also gave a
brief history of the area, indicating most homes were built in the early
1900's and have been maintained as family farms. He stated further
concerns and answered questions from the Board. Ms. Mika clarified for
the record the Kuehls divided property in 1973, and Mr. Chilson stated he
had no questions for the Brehms. Dennis Kuehl, Steve Olander, and Mike
McEntee, surrounding property owners, all spoke in opposition of said
development and answered questions from the Board. Mr. Chilson had no
questions for them. Mr. Kuehl submitted overheads of the current lots,
Exhibit I, and the future lots, Exhibit J, during his testimony. Jean
Kuehl, also a surrounding property owner, presented slides, Exhibit 46
from the Planning Commission hearing, of the surrounding area and crops
and stated her concerns and opposition to the development. Ms. Kuehl
answered questions from the Board and declined to answer questions from
Mr. Chilson. Cindy DeMott, surrounding property owner, also spoke in
opposition to the development and answered questions from the Board;
940302
940303
RE: HEARING CERTIFICATION - LARSON (MT. VIEW ESTATES #1 AND #2)
PAGE 3
however, she, too, declined to answer Mr. Chilson's questions. Mr.
Chilson again made an offer of proof that Ms. DeMott has no personal
knowledge to justify her testimony and moved to strike the public
testimony of Ms. Kuehl, Mr. Clagett, and Ms. DeMott. Mr. Morrison
clarified there are no powers of subpoena or contempt, and the public
cannot be compelled to testify. He stated Mr. Chilson has not been
deprived of offering proof or rebuttal; therefore, the Board is not
obliged to strike testimony. The Board may, however, disregard any
testimony at its own discretion and adequately weigh the evidence as to
the impact of the testimony on its decision. Commissioner Baxter stated
the Board has enough knowledge to determine the veracity of testimony and
all members have the ability to see the truth on their own. Commissioner
Kirkmeyer agreed with Commissioner Baxter and stated the Board has been
fair and reiterated the public was not compelled to answer and their
testimony should not be stricken. Commissioners Harbert and Hall agreed
with Commissioners Baxter and Kirkmeyer. Chairman Webster agreed also and
indicated he felt the testimony would not greatly impact the decision.
Commissioner Harbert stated there is a direct conflict of interest with
Mr. Larson doing the percolation test on his own property. She also
stated concerns regarding the accuracy of the results since the test was
done in February of 1993. Commissioner Harbert further questioned the
high water level and whether shallow ground water is potable. Ms. Mika
confirmed initial concern about the percolation data; however, it was
tested by CDS Engineering and found to be satisfactory. Jeff Stoll,
Health Department representative, confirmed that accurate percolation
tests can be taken year round because they are normally done 34 to 36
inches below the surface. In response to further questions from the
Board, Mr. Stoll confirmed that CDS Engineering had addressed the Health
Department's concerns; however, some septic systems may require an
engineered design.
Let the record reflect a brief recess was taken at this time.
Upon reconvening, Mr. Chilson reiterated that every regulation under the
1993 Subdivision Ordinance, including Sections 4.5. 16. 1 through 4.5. 16. 16
had been met. He rebutted the public testimony stating all ground water
is high during irrigation and the septic systems will be engineered as
determined by the Health Department. He noted the proposals do not have
to meet the requirements of the Comprehensive Plan since the site is zoned
Agricultural and the lots will be 2.5 acres in size. Mr. Chilson
reiterated that all utilities have agreed to serve the area, and it is in
an Urban Growth Boundary Area as well as in a highly-concentrated
residential development. Mr. Chilson informed the Board it has no
discretion to turn the applications down and reminded the members of their
oath to uphold the law, reiterating they have to approve the subdivisions.
Commissioner Kirkmeyer questioned whether the State Highway Access Permit
had created an additional access. Mr. Larson explained the January 5,
1994, State Highway Access Permit was for nine single-family dwellings and
the State required the new access be moved away from the Kuehl's flagpole
access. Commissioner Kirkmeyer referred to Condition #4 of the Access
Permit and noted that left turn movements may be prohibited in the future.
Mr. Larson explained the school district wanted a separate turnoff;
however, the Colorado Department of Transportation said it would not be
safe. He confirmed that the warming hut would be constructed. Mr.
Morrison confirmed that the January 5, 1994, State Highway Access Permit
was in the record as Exhibit K. Mr. Chilson stated they have an agreement
with the Home Supply Ditch for a chain-link fence as requested by the
Ditch. In response to questions from Commissioner Kirkmeyer, Ms. Mika
indicated section 4.5. 16. 11 states no additional access shall be created,
and she confirmed an additional access had been created by the Access
Permit. Ms. Mika also referred to Section 4.5.16.5 concerning soil types
940302
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RE: HEARING CERTIFICATION - LARSON (MT. VIEW ESTATES #1 AND #2)
PAGE 4
with special criterion and its characterization being highly suitable for
farm production and poor for residential use. She confirmed that the site
does fall within 3 miles of Loveland; however, she read the referral
letter from the City of Loveland which indicated it was not within its
Urban Growth Boundary. After further comments, Ms. Larson clarified the
Access Permit is specifically for nine lots and they already had an
agricultural access, which was simply replaced or altered. Commissioner
Baxter questioned if there was some criteria, since the rezoning
regulations changed, to determine whether to allow subdivisions even
though the regulations were not in effect now. Mr. Morrison referred to
a case law concerning minor subdivisions in the Agricultural Zone and
stated it would be distinguishable since Weld County is under Home Rule
Charter and the subdivision regulations were adopted by Ordinance, which
also requires compliance with the Comprehensive Plan. He reiterated the
applications were submitted within a 3-month window; however, compliance
with the criteria of the Comprehensive Plan should still be considered
pursuant to Section 4.5.16. 1. Commissioner Hall moved to deny the request
of Ivar and Donna Larson for a Minor Subdivision Final Plat (Mt. View
Estates Ill), case S #347, based on the recommendations of the Planning
staff and the Planning Commission and the fact that Section 4.5. 16. 1 of
the Subdivision Ordinance has not been met and the development would not
be compatible. The motion was seconded by Commissioner Kirkmeyer.
Commissioner Harbert stated the site consists of good farmland, and
Commissioner Kirkmeyer stated she is unsure that Section 4.5.16. 11 has
been met, since there was still discussion around its criteria.
Commissioner Baxter stated, looking at issues on both sides, the proposal
does not comply with the Comprehensive Plan. Chairman Webster stated
concern with the number of homes in the area and the fact that they are
all family farms and older homes. He also said, after seeing the pictures
of the ground and fields, it looks like good, productive soil and crops.
On a roll-call vote, the motion carried unanimously. Commissioner Hall
moved to deny the request of Ivar and Donna Larson for a Minor Subdivision
Final Plat (Mt. View Estates #2) , case S 11348, based on the
recommendations of the Planning staff and the Planning Commission and
incorporated his reasons from the previous motion. The motion was
seconded by Commissioner Kirkmeyer, who also incorporated her comments
from the previous action. The motion then carried unanimously.
This Certification was approved on the 4th day of April, 1994.
APPROVED:
ATTEST:14/ Pa/Lin BOARD OF COUNTY COMMISSIONERS
�jQ , tit WELD COUNTY, COLORADO
Weld County Clerk t - the Board le p
By: % .4 . H. Webster, h114,21/472/77
� �
Deputy 1 r to the Board
Dale a ,� 'ro-'em
TAPE #94-17 and 094-18 i�
,_. C-.j(
/George/E`. Baxter
DOCKET #94-28 and #94-29 �) y y /
( .f?jje -r.ev „/5- J/f
Constance L. Harbert
PL0949
244 Ca- . • /C �i1/'/-1
arbara J. Kirkmey
940302
940303
CLERK TO THE BOARD
P.O. BOX 758
W4.11\1IlD
GREELEY,COLORADO 80832
(303)358-4000 EXT.4225
C.
COLORADO
STATE OF COLORADO )
ss
COUNTY OF WELD )
I, Donald D. Warden, Clerk to the Board of County Commissioners, in
and for the County of Weld, State of Colorado, do hereby certify that the
attached Case Numbers S-347 and S-348, Minor Subdivision Final Plats
(Mountain View 81 and 82) - Ivar and Donna Larson, are the original cases,
as received in the office of the Clerk to the Board of County
Commissioners, which include the Planning Commission files.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed tithe seal
of s�a/i�d County at Greeley, Colorado, this J 9 4- day off,
199y . 19 I '.✓ /64.1 U�2CC�i�7
CLERK TO THE BOARD
-17-7,,r�' • ./..
-- BY: �✓ 7_///r�G.N�„
T' > 4 Deputy Clerk to -the Board
9S02r2
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Ivar and Donna Larson Case Number: S-347 and S-348
Mountain View #1 and Mountain View //2
Submitted or Prepared
Prior
to Hearine At Hearing
1. Application 101 pages X
2. 1 Application plat 2 pages 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. 3 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. Weld County Utilities Advisory Committee Minutes
December 1993 X
12. Resolution to the Board of County Commissioners
for continuance from December 21, 1993 X
13. Resolution to the Board of County Commissioners
for continuance from January 4, 1994 X
14. CDS Engineering for preliminary percolation tests
December 16, 1993 X
15. Letter from Bacon Lake Farms December 20, 1993 X
16. Letter from Bacon Lake Farms December 29, 1993 X
17. Letter from State of Colorado Department of
Transportation December 20, 1993 X
EXfi/b/A/9- 9403". 2
INVENTORY OF ITEMS, S-347
Ivar and Donna Larson
Mountain View #1
Page 2
18. Letter from Veeman Dairy (Mike Veeman) December
15, 1993 X
19. Letter from Community Development of Loveland
Edwin Moore December 13, 1993 X
20. Letter from Richard and Nancye Snider December
16, 1993 , articles Threaten farmland in Weld
County: Gary Gerhardt X
21. Memorandum from Weld County Health Department
Jeff Stoll December 2, 1993 X
22. Memorandum from Lee Morrison, Assistant County
Attorney December 13, 1993 X
23. Referral from the Berhtoud Planning Commission
December 17, 1993 X
24. Minutes from the Berthoud Planning Commission
December 9, 1993 X
25. Colorado Geological Survey, Jeffrey Hynes
December 20, 1993 X
26. Planning Commission sign posting certificate
December 1, 1993 X
27. Letter from Mike and Valerie McEntee December
10, 1993 X
28. Referral Don Carrol Weld County Engineering
December 1, 1993 X
29. Field check Judith Yamaguchi November 30, 1993 X
30. Letter from Consolidated Home Supply November
24, 1993 X
31. Letter from Drew Scheltinga Weld County
Engineering March 16, 1993 X
32. Referral from the Colorado Oil and Gas Commission
December 6, 1993 X
33. Letter from the Colorado Oil and Gas Commission
December 1, 1993 X
34. Letter from CDS Engineering July 12, 1993 X
9403(.12
INVENTORY OF ITEMS, S-347
Ivar and Donna Larson
Mountain View #1
Page 3
35. Referral from Berthoud Fire Protection District
December 2, 1993 X
36. Letter from Mountain View Belgians Dennis and
Jean Kuehl December 9, 1993 X
37. Continuance request December 14, 1993 by the
Planning Department staff X
38. Letter Bacon Lake Farms December 15, 1993 X
39. Letter from Weld County Health Department Jeff
Stoll January 6 , 1994 X
40. Map distributed by applicant X
41. Easement record for RE-1061-5-1-RE-126 April
8, 1974 X
42. Plat for RE-1061-5-1-RE-126 April 8, 1974 X
43. Intersection diagram January 17, 1994 X
44. Map of area January 18, 1994 X
45. Map of proposed area January 18, 1994 X
46. 32 slides January 18, 1994 X
47. Letter from Hazel Carlson December 1993
Attachment photos 2 pages X
48. Letter from Cindy DeMatt December 1993 X
49. Letter from Donald and Valerie Brehm
December 8, 1994 X
50. Letter from Steve Olander December 10, 1993 X
51. Letter from Lawrence and Mary Starck December
8, 1993 X
940a" 2
INVENTORY OF ITEMS, S-347
Ivar and Donna Larson
Mountain View #1
Page 4
I hereby certify that the 51 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 January 21, 1994.
Moni a Daniels-Mika, Current Planner
STATE OF COLORADO )
)
COUNTY OF WELD ) 11__
$4154 RIBED AND SWORN TO BEFORE ME THIS (Q �Tday of IA (ill;19
7
+ :
4)21 Art
TA•. 8 L 1 Cro ,' NOTARY PUBLIC
",Ay-Commission Expiresj\t(1I taL (9(1:574
9403`."2
tC IVE
11
NOV 1 1 1993
MINOR SUBDIVISION FINAL PLAT APPLICATION pp�� pp
Department of Planning Services, 1400 N. 17th Avenue, Greeley, l dira9OW P1iOG3aapppp'1g /J
Phone: 353-3845, Ext. 3540D II ''
FOR PLANNING DEPARTMENT USE ONLY:
�(C�CASE NO. APPLICATION FEE u(�j
ZONING DISTRICT RECEIPT NO. fi '1
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request the Department of Planning Services to
review a minor subdivision final plat on the following described unincorporated
area of Weld County. LEGAL DESCRIPTION:
NE 1/4 OF SECTION 5, T. 4N., R. 68W. OF THE 6TH P.M.
- SEE ATTACHED -
(If additional space is required, attach an additional sheet) .
MOUNTAIN VIEW ESTATES 1
NAME OF PROPOSED MINOR SUBDIVISION
EXISTING ZONING
TOTAL AREA (ACRES) 10.658 O4, NO. OF PROPOSED LOTS 4 •
LOT SIZE: AVERAGE 2.66 w MINIMUM 2.66
UTILITIES: WATER: NAME LITTLE THOMPSON WATER DISTRICT'
SEWER: NAME PRIVATE INDIVIDUAL SEPTIC SYSTEMS
GAS: NAME PUBLIC SERVICE COMPANY OF COLORADO
ELECTRIC: NAME POUDRE VALLEY REA
PHONE: NAME US WEST TELEPHONE SERVICE
DISTRICTS: SCHOOL: NAME T'HOMPSON SCHOOL DISTRICT
FIRE: NAME BERTHOUD FIRE PROTECTION DISTRICT
NAME OF APPLICANT IVAR W. LARSON PHONE 532-3361
ADDRESS 925 N. COUNTY LINE RD., RTE 1
NAME OF APPLICANT DONNA M i,AR$ON
PHONE 517-3361
ADDRESS 925 N. COUNTY LINE RD., RTE I
NAME OF APPLICANT PHONE
ADDRESS
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
Signatu ' : Owner or Authorized Agent
Subscribed and sworn to before me this 'L day of "7126itinitet . 199. 3.
(SEAL)
:6‘ledaA,ou Stzi.44_._
-
Notary Publcet
My Commission Expires //' �
EXMIIIT
94 " 2
LEGAL DESCRIPTION
for
MOUNTIAN VIEW ESTATES 1
Beginning at the Northeast corner of said Section 5;
Thence N90°00'00"W along the North line of said Section 5 a
distance of 1172 . 21 feet;
Thence S02°24' 30"E a distance of 30. 03 feet to the TRUE
POINT OF BEGINNING;
Thence, continuing S02°24 ' 30"E a distance of 1291. 14 feet;
Thence S90°00' 00"E a distance of 358 . 86 feet;
Thence N02°19'00"W a distance of 1291. 05 feet;
Thence N90°00'00"W a distance of 360.92 feet to the POINT OF
BEGINNING.
Containing 10. 658 acres, more or less.
9403"2
1
Application Requirements
For
Mountain View Estates 1
The following statements and attachments are in response to
the items listed as Application Requirements in the Minor
Subdivision Final Plat Procedural Guide. The statements are
listed by number as they appear in the Procedural Guide.
Item 1.
Please see the attached application form.
Item 2 .
This minor subdivision is in compliance with the Weld
County Cohprehensive Plan. Please refer -to the attached
letter from CDS Engineering dated July 6, 1993 .
Item 3 .
This minor subdivision is located within a 3 mile
radius of the existing city limits of -Loveland, Colorado.
Please see the attached letter from the City of Loveland
dated February 8, 1993 .
Item 4. •
The Little Thompson Water District has made a
commitment to provide domestic water service to Mountain
View Estates 1 and Mountain View Estates 2. Please refer to
the attached commitment letter of February 6, 1993 and
extension of commitment dated November 9, 1993 .
Item 5.
The proposed sewage disposal system is that of
individual septic tanks for each lot of the proposed minor
subdivisions. Percolation tests were performed and the
soils were determined to be adequate. These septic systems
will follow the guidelines and criteria set forth in the
Individual Sewage Disposal System Regulations as prepared by
Weld County Health Department. Please refer to the attached
engineer's statement dated 2/9/93 regarding percolation
tests.
Item 6.
No hazardous soil or topographical conditions exist
with&n the proposed minor subdivisions. For more
information, please refer to the attached geology report and
the attached 4/5/93 letter from the Colorado Geological
Survey. .
2
Item 7 .
All roads within the proposed minor subdivisions are to
be 24 ' wide with a road section consisting of 4" of gravel
with 6" of pit run. This road design will provide adequate
width and structural capacity.
Item 8 .
All offsite streets or highways are adequate in
functional classification, width and structural capacity to
meet the traffic requirements of the proposed minor
subdivision.
Item 9 .
The .construction, maintenance, snow removal and other
matters pertaining td or affecting the road and rights-of-
way for Mountain View Estates 1 and Mountain View Estates 2
are the sole responsibility of the land owners in the
aforementioned minor subdivisions as enforced by the
covenents.
Item 10.
Mountain View Estates 1 and Mountain View Estates 2 are
not part of a minor subdivision previously approved by Weld
County.
Item. 11.
There will be no. on-street parking in the minor
subdivision and "No Parking - .Fire Lane". signs approved by
the Berthoud Fire District will be posted every 250 '
beginning at entrance to the subdivision.
• Item 12 .
The access to Colorado State Highway 60 from Mountain
View Estates 1 and Mountain View Estates 2 will be
accomplished by an existing access point to Colorado State
Highway 60.
Item 13. •
Ingress and egress to all lots within Mountain View
Estates 1 and Mountain View Estates 2 will be to an internal
road circulation system.
Item 14 .
As indicated in the attached Drainage Report,
stormwater detention will not be required. The proposed
borrow ditch will be designed and constructed to function
adequately.
Item 15.
All lots within the minor subdivision will be at least
2 . 5 acres.
•
nnnem)9
3
Item 16.
The maximum number of lots within the minor subdivision
will not exceed six.
Item 17.
The proposed minor subdivision will not cause an
unreasonable burden on the ability of local governments or
districts to provide fire and police protection, and other
services. Please refer to the responses from the Town of
Loveland, Berthoud Fire District and Weld County Sheriff' s
Department.
Item 18 .
Please. see the attached title commitment dated October
7, 1993 and the November 12, 1993 endorsement reaffirming
their commitment.
Item 19.
The proposed use for the minor subdivision will be that
of single family residential housing with minor agricultural
use.
•
Item 20.
The items of concern expressed during the minor
subdivision sketch and our responses are as follows:
.March 8, 1993 Letter from Thompson School District.
The District requests a pull-off from the highway, but
the Colorado State Highway Department will not allow it.
They did not want the maintenance of a highway pull-off and
feel it is less dangerous to have the bus stop in the lane
of traffic so that it is noticed by the oncoming traffic.
Therefore, the bus would either have to stop across the
entrance to the subdivision or enter the subdivision and
turn around at the cul-de-sac. A bus waiting area with a
shelter will be provided on the west side of Mountain View
Lane at a safe distance -from the access to Colorado Highway
60.
March 5, 1993 Letter from the Berthoud Fire Protection
District.
•
1. "No Parking-Fire lane" signs approved by the Berthoud
Fire Protection District will be posted every 250 ' beginning
at the entrance to the subdivision.
2. The road design is compatible with the Fire District
requirements. •
9402"2
4
•
3 . All residential structures will be within 500 feet of a
fire hydrant. An additional fire hydrant has been added
since the time of the Sketch Plan submittal . The fire
hydrant locations are shown on the Road Plan and Profile
drawing. A building envelope is required for Lot 1
+of Mountain View Estates 2 and is shown on the Final Plat.
March 3, 1993 Letter from the Consolidated Home Supply Ditoh
and Reservoir Company.
The signed agreement and easement for the right-of-way
are included in the final plat submittal . The agreement and
our covenants cover all concerns in their letter.
March 14, 1993 letters from Dennis Kuehl, Tom Frink and
Julie Frink, (Identical letters signed) .
1. The 2 1/2 acre proposed lots are compatible with the
surrounding area and are designed for agricultural use of
irrigation.. Mountain View 1 and 2 constitute a 25 acre
narrow strip in the middle of an 80 acre parcel that was
divided in the 1970 's into 7 varying sized lots including
this 25 acre strip. The 2 1/2 acre lot size was chosen at
the recommendation of the Weld County. Planning Department.
Mountain View 1 and 2 will actually 'bring this ground into
compatibility with the surrounding rural residential
neighborhood.
2. The Little Thompson Water District has affirmed that
there is adequate water for both domestic use and fire
protection. They have a 10" water line to serve this
•roperty which is one of their main lines.
3 The percolation tests were adequate for septic systems
hat will comply with the Individual Sewage Disposal System
Regulations as prepared by Weld County Health Department.
. As described in. CDS Engineering's letter dated July 6,
• -3 , this parcel is no longer economically or logistically
asible to farm.
5. All of the above parties stated they choose not to live
close to a high growth' area, and yet they chose to live on
subdivided rural ground. This subdivision will simply
finalize this rural subdivision and the covenants state that
the lots may not be further divided.
Summary - We do not find valid concerns that we can correct
or address.
340392
5
May 14, 1993 letter from Lawrence and Mary Starck.
Please see the responses above. The points made were
identical with the exception of the following:
2 . Transportation and traffic problems - The Colorado
Department of Transportation has granted an access permit
and has not expressed concern.
3 . Leapfrog development - This subdivision is in the
middle of and within 1 mile of similar developments and
within three miles of existing Loveland City Limits. The
author of this letter is living on part of the subdivision
of the original 80 acre farm that occurred in the 1970 's.
5. Zoning - This subdivision will comply with all
requirements of the minor subdivision in agricultural
zoning.
6. Telephone - Telephone service is available from U.S.
West Communications.
•
7. Environmental Issues - This subdivision.meets all of
the recommendations of the Weld County Environmental Health
Department. Environmental concerns are enforceable through
the covenants.
9. Drainage - Please refer to the Drainage Study performed
by CDSEngineering.
10. Noise - The covenants address the prevention of noise
problems.
May 17, 1993 • Letter from Don and Valeria Brehm
1. The Brehms live almost a quarter mile away and
shouldn't have a problem with children from these
properties. However, trespassing by anyone would be an
enforceable violation.
2 . There have always been children living near the Home
Supply Ditch and caution is always necessary. We will post
"No Trespassing" and warning signs along the ditch easement
to warn homeowners. We will also be installing a chain link
fence along the easement on the one narrow end of Mountain
View 2 that the ditch crosses.
3 . The problems with aerial spraying are already present.
There are 14 homes within 1/4 mile of this proposed
subdivision and one of the reasons we can no longer farm
this property is due to problems with spraying in the midst
of the existing homesites. '
QQO:2(12
6
4 . As explained in the July 6, 1993 , letter from CDS
Engineering, it is no longer economically or logistically
feasible to farm this 25 acre strip located in the midst of
rural residential properties.
5. This subdivision will not change the character of the
surrounding community and should not change the tax base of
anything except for the property it is located on.
Summary - Other than fencing and posting the warding signs
along the ditch, we do not find valid concerns that we can
correct.
May 13, 1993 Letter from Mike and Valerie McEntee
1. Mountain View 1 and 2 cover a 25 acre narrow strip in
the middle of a subdivision on 80 acres that occurred in the
1970 ' s. It is no longer feasible to farm it due to the
residential development around. it. This already is a rural
subdivision with a narrow 25 acre strip of cropland in the
middle. Please refer to CDS Engineering's letter dated July
6, 1993 .
2 . "Inadequate domestic water supply" Please refer to
the commitment letter from Little Thompson Water District.
3. "Poor perculatiori of septics" - Please refer to
engineering statement dated 2/9/93 regarding adequate
percolation to meet the Individual Sewage Disposal System
Regulations as prepared by the Weld County Health
Department.
4 . "The existing irrigation system will surely not survive
such a change" - The lots are all planned to be compatible
with existing irrigation patterns. The irrigation demands
have been difficult to organize to this point because of the
conflict between crop requirements on the 25 acres and rural
/\ residential pastures on. the . rest of the 80 acres coming out
` ' of the same outlet from the Home Supply Ditch. Once this 25
acres is turned into pasture along with the surrounding
rural residential properties, irrigation cooperation will be
much easier.
March 16, 1993 Memorandum from Weld County Engineering, Drew
Schelfinga .
The submittal of Mountain View Estates land Mountain
7\ View Estates 2 as two separate minor subdivisions was a
result of the 1974 recorded exemption that 'divides the site
into two separate parcels and was also recommended by the
eld County Department of Planning Services.
940302
7
A traffic study was performed for the development of
this site and the Colorado Department of Transportation
issued an access permit without requiring the construction
of turning lanes.
The Road Plan and Profile drawing and the Final Plat
both indicate a 24 foot wide roadway to be constructed
inside two existing access easements having a total easement
width of 60 feet. This design will supply enough room for
road maintenance. The geometry and easements are also shown
on the Final Plat and Road Plan and Profile drawing.
An 18" diameter culvert will be installed at each
driveway. This is shown on the Road Plan and Profile
drawing.
The comments regarding stormwater runoff are addressed
in the Final Drainage Report included in this submittal.
•
March 8, 1993 Memorandum from John S. Pickle, Weld County
Environmental Health Department.
Condition numbers 1 and 2 from the above letter are
addressed in the covenants for the Minor Subdivision.
Individual septic systems will be designed according to the
Weld County Individual Sewage Disposal Regulations for each
residence. Water supply for this development will be
provided by the Little Thompson Water District.
•
April 5, 1993 Letter from Jeffrey L. Hynes, Colorado
Geological Survey
As noted in the Geology Report, no hazardous soils or
topographical conditions exist within the site and
engineered foundation plans will be required for all
construction on this site. -
Item 21.
The total number of lots proposed for Mountain View
Estate 1 is 4 .
Item 22 .
The minor subdivision road circulation system consists
of a single road with access to Colorado State Highway 60
and a cul-de-sac at end. The road is 24 feet wide with a 4"
gravel surface and 6" of pit run. The borrow ditch will
have 4 (H) : 1(V) side slopes with a depth of 1.5 feet and a
longitudinal slope of 0.6%. There will be no on-street
parking within the minor subdivision.
n n n nn.l
8
Item 23 .
There will not be a school site, open space or park
within the minor subdivision.
Item 24 .
The applicant of this minor subdivision is not
dedicating land for schools, parks or other.
Item 25.
The Little Thompson Water District has committed to
serving the minor subdivision's water supply needs. Please
refer to the attached commitment letter dated February 6,
1993 and extension dated November 9, 1993 .
Item 26.
For each lot in the proposed minor subdivision a septic
system will be designed to handle an average flow of 265 gpd
with a maximum flow being 150% of the average flow. The
design of the septic systems will follow the criteria and
guidelines set forth in the Individual Sewage Disposal
Regulations, as prepared by Weld County Health Department.
Please refer to the attached engineer's statement dated
2/9/93 . - •
Item 27.
Please refer to the attached letters from Poudre Valley
REA, Public Service Company 'of Colorado and the Little
Thompson Water District.
Item 28 .
The list of covenants for the minor subdivision is
attached. All easements within the minor subdivision are
shown on the Final Plat. The easements are as follows: 25
foot postal, utilities, tailwater and drainage easement; 20
foot tailwater and drainage easement; 60 foot subdivision
shared access easement; 100 foot access easement being 50
feet each side of the centerline of the Lake Ditch; 100 foot
access easement being 50 feet each side of the centerline of
the Consolidated Home Supply Ditch. A building envelope is
required for Lot 1 Mountain View Estates 2 so that all
residential structures will be within 500 feet of a fire
hydrant. No buildings or trees shall be located within the
future reserved right-of-way in Lot 1 Mountain View Estates
1. The building envelope and easements are shown on the
Final Plat.
Item 29.
The proposed minor subdivision requires an access
permit because the existing access point to State Highway 60
will change in classification with this development. Please
see the attached CDOT access permit.
9403'92
9
Item 30.
Please see the attached ditch company agreement.
Item 31.
Please see the attached access easement letter from
Scott' s dated March 24, 1974 .
Item 32 .
No subdivision improvement agreements were proposed by
the Planning Department. If required, such improvement
agreements will be addressed.
Item 33 .
No offsite road improvement agreements have been made
for this minor subdivision.
Item 34 .
Please see the attached Final Drainage Report for
Mountain View Estates 1 and Mountain View Estates 2 .
Item 35. -
The certified list of names, addresses and parcel
identification number is attached dated 10/26/93 .
Item 36.
Ivar and Donna Larson own the mineral rights within the
boundary of the minor subdivision and these rights are not
leased. Please refer to the attached Affidavit of Interest
Owners - Minerals and/or Subsurface Estate.
Item 37.
An erosion control plan was not required as a result of
the minor subdivision sketch plan.
Item 38.
Please see the attached road plan and profile drawing
and estimation of construction costs.
Item 39.
The paid tax receipt from the County Treasurer is
attached.
Item 40.
No public dedications are a result of this minor
subdivision.
Item 41.
Please see the attached warranty deed.
•
44031'2
•
10
Attachments
94031•.2
Revised 1997 Cr. ''ADO LAND SURVEY MONUMENT P" FORD
,IEPOItr ONI: MONUMENT ONLY ON THIS FOII.
REPROOUC I ION OF THIS FORM IS AUTHORIZED.
All items to be tilled in by the Land Surveyor using perinanenl black lettering and lines which call be reproduced. (Except)'
1. TYPE OF MONUMENT po. 9 Section Corner O Bench mi`lk/
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4. SI:FLCIl SIIO\VINU RI(I.AT'IVE, LOCATION OF MONUMENT ACCESSORIES AND REFERENCE
POINTS STATING \VI WILIER FOUNT)OR SET. SIIO\V SUITOR ZING AND/OR C'ONTRADIC'TORY
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All items Ti' be Idled in by the I rind Surveyor using permanent black lettering and lines which can be reproduced. (Except)*
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July 6. 1993
Mr. Chuck Cunliffe, Director
Department of Planning Services
1400 N. 17th Avenue
Greeley. Colorado S0631
RE: Mountain View Estates I and II Minor Subdivisions
CASE #: S330 and S331
Dear Mr. Cunliffe:
This letter is drafted to present information to the \Veld County Planning Department
relative to establishing the compliance of the Mountain View Estates Projects with the Weld
County Comprehensive Plan. The projects, as proposed, represent the minor subdivision
of two contiguous tracts in the \E 1/4, 5.5, T.4N., R.68W. The projects have frontage on
Colorado Highway 60 and an existing public assess easement.
The two parcels of land are located in the Loveland Urban Growth Area. The properties
in the immediate vicinity are largely residential rural estate homesites, existing farm houses,
and mobile homes. At present, there are 14 homes located within one-quarter mile of the
property and the minor subdivision of the Lebsack farm is located less than one mile to the
east. The proposed subdivisions are compatible with the existing homesites in that the
proposed lots are similar to those in the area and the proposed homes will be of equal or
better quality than the homes which currently exist in the area. All services currently exist
in the vicinity of the site.
The applicants, Ivar and Donna Larson, have owned this property since 1972 and have
continuously farmed it. As you may or may not know, they operate several farms in
Colorado and Kansas. The Larson are well aware of the agricultural characteristics of this
property and have first hand experience with how the development and building in this area
have made these parcels extremely difficult to farm. These parcels are long and narrow and
are bounded on all sides, except one narrow end, by residential property. Specific
difficulties which are obvious problems are indicated below:
1. Any spraying to control weeds or insects is virtually impossible due to the
proximity of houses and horses. Aerial spraying is impossible.
2. Loose horses from the neighboring estates have been a problem on crop land
from time to time.
4 i_..a_ cr E r.? - =a'.tl CC aC537• 303)==- ..7
310312
Mr. Chuck Cunliffe, Director
Page 2
July 6, 1993
3. The local irrigation lateral system is used to irrigate these parcels as well as
the adjoining estates. Residents of the nearby estate properties are generally
not knowledgeable concerning irrigation and are not raising cash crops, hence
make the general effort required to irrigate these two parcels much more
difficult. Children from the adjoining estate properties have caused minor
vandalism to irrigation facilities.
•
The Weld ounry Comprehensive Plan addresses the various concerns which the Larsons
have in the section entitled "Concerns of Farming as an Industry". The two tracts of land
proposed for subdivision are no longer economically viable farms due to their size, proximity
to other housing, and the additional production expense required to manage them due to
the reasons previously stated.
It should be emphasized that the proposed minor subdivision properties will be of similar
size and quality to the residential rural estate properties already existing in this area and
that these parcels are no longer economical or accessible for farming for profit. The
proposed subdivision will allow more compatible field irrigation of all the homesites as the
distribution basis will become less critical without cash crops involved. The area is currently
served by public water, natural gas, State Highway 60 access and is within the Urban
Growth area to the City of Loveland.
The above facts illustrate that the development of the subject properties will be in
compliance with the spirit of the Weld County Comprehensive Plan.
Respectfully,
CDS ENGINEERING CORPORATION
hn F. Donnelly, P.E.
JFD/dmi
9403"2
CITY OF LOVELAND
COMMUNITY DEVELOPMENT SERVICES
Civic Center.500 East Third•Loveland,Colorado 80537.(303)962-2900 FAX
Planning Engineenng Building Streets Solid aste Admininstration
962-2523 962-2501 962-2505 962-2529 962-2529W 962-2524
February 8, 1993
Ivar W. Larson •
925 North County Line Road
Route 1
Berthoud, CO 8051'-.
RE: Weld County Exemption No.1061-5-1-RE 126
Dear Mr. Larson:
•
Per your request, I have checked our existing city limits in reference to your property
(Weld County Exemption No. 1061-5-1-RE 126). This property is located within a three mile
radius of the existing city limits of the City of Loveland, Colorado.
You may present this letter to the Weld County Planning Commission. If I can be of further
assistance, please contact me at 962-2510.
Sincerely, � %>-No
Vc)OP410:16jAC , .
siovsi
o
Dave DeBaere
L-o5-i3
attachment: exemption copy .1/ a' Lz
A Printed on n
Recycled Paper 94r33 '2
LITTLE i HOMPSON WATER LtSTRICT
DIRECTORS. Telephone 532-2096
Glenn W.Gibson February 6, 1993 307 Welch Avenue
President Drawer G
Leo Sake' Berthoud,Colorado 8O513
Keen Crooneuist
Tom Reynolds
Dean Anderson
Grey J.Salomonson
James W.Stroh
MANAGER:
Richard H.H.Whittet
Mr. Ivar Larson
925 North County Line Road
Berthoud, Colorado 80513
Re: Service Commitment
Dear Mr. Larson;
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water service to
property described as follows:
Property located in the NE 1/4 of Section 5,
Township 4N, Range 68 West of the 6th
Principal Meridian in Weld County, Colorado.
It is proposed that the existing parcel be
divided into 10 lots of approximately 2 . 3
acres each, for residential use.
The request is for ten (10) standard 5/8" X 3/4" residential
water taps (one per lot) .
We currently have a 10" diameter water line located along the
south side of State Highway 60 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot /with the following conditions: -
%/ 1. A line extension will be necessary to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2 . All other improvements to District facilities required
to provide service will be the financial responsibility
of the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications.
3 . There is a $2 , 000. 00 fee for each fire hydrant placed
on the District's system. This fee is due prior to the
beginning of any construction.
on rno?
February 6, 1993
page two
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date.
The current fee for the above described water tap(s) is
$4 , 000. 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office.
_ Best Re ar11dl's,at Barry es
Operations Manager
�� (12 9
•
LITTLE " IOMPSON WATER L ,TRICT
DIRECTORS: Telephone 532-2096
Ci..nw.G'"on February 6, 1993 337 Weicn Avenue
Pr.MO.nI Drawer G
L80 Baer
6e.^.nouo.Coloratlo&;513
Kom C•conamyl
Tom Reynoics
De.n Ano.nOn
Carey J.S.iomonson •
James w.Stroh
•
MAniAG:A:
FK'ure M.M.WmfeI
Mr. Ivar Larson
925 North County Line Road
Berthoud, Colorado "80513
Re: Service Co-nit-ent
Dear Mr. Larson;
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water service to
property described as follows :
Property located in the NE 1/4 of Section 5 ,
Township 4N, Range 68 West of the 6th
Principal Meridian in Weld County, Colorado.
It is proposed that the existing parcel be
•
divided into 10 lots of approximately 2 . 3
acres each, for residential use.
The request is for ten (10) standard 5/8" X 3/4" residential
water taps (one per lot) .
We currently have a 10" diameter water line located along the
south side of State Hichwav 60 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions:
1. A line extension will be necessary to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2 . All other improvements to District facilities required
to provide service will be the financial responsibility_
of the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications .
3 . There is a $2 , 000 . 00 fee for each fire hydrant placed
on the District's system. This fee is due prior to the
beginning of any construction.
940a?12
•
February 6 , 1993
page two
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed- by that
date.
The current fee for the above described water tap (s) is
$4 , 000 . 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office .
�t Regards,
6c
3arrJye
� � uC s _
Operations Manager
•
94(33:22
February 9 , 1993 -
Weld County Planning Dept.
1400 N. 17th Ave
Greeley, CO 80631
RE: NE 1/4 , SECTION 5, TOWNSHIP 4 NORTH, RANGE 68 WEST,
COUNTY OF WELD
Dear Sir/ Madam
As requested, percolation tests were performed on the soil
of said property. The results from this test were found to
be within acceptable limits set fo- rth by Weld County.
cerely,
•
--sval7. 7 ' Larson, PE
`C •.,�
940392
ENGINEERING GEOLOGY REPORT
FOR
MOUNTAIN VIEW ESTATES I,
WELD COUNTY, COLORADO
CDS ENGINEERING CORPORATION
LOVELAND, COLORADO
PROJECT NUMBER
93-7489
FEBRUARY 17, 1993
in A Ft 7A?7
1
SCOPE
This report presents geologic data, interpretation, and
evaluation which pertains to the development of the proposed
Mountain View Estates I in Weld County, Colorado. Mountain View
Estates I is a proposed approximately ten (10±) acre development
on a parcel of land located east of the Town of Campion, Larimer
County, Colorado. More particularly, the site is located in the
northeast 1/4 of Section 5, Township 4 North, Range 68 West of
the 6th P.M. , Weld County, Colorado.
The intent of this subdivision is to provide lots for
residential development with limited agricultural use.
SITE INVESTIGATION
This investigation was carried out by means of site
inspection by the author of this report and information obtained
from the Soil Survey of Weld County, Colorado; Southern Part by
the U.S. D.A. Soil Conservation Service, the Potentially Swelling
Soil land Rock in the Front Range Corridor, Colorado by the
Cooado Geological Survey and Guidelines and Criteria for
Identification and Land-Use Controls of Geologic Hazard and
Mineral Resource Areas by the Colorado Geological Survey.
GEOLOGY
Regional and Local Setting
The site lies in the Colorado Piedmont Section of the
Great Plains Physiographic Province. The Colorado Piedmont
is an elongated trough in the Great Plains, adjacent to the
910392
2
Front Range of the southern Rockies. The Colorado Piedmont
was formed when uplift of the area in Miocene-Eocene times
(20-50 million years ago) produced an increase of stream
erosion resulting in scouring next to the foothills and
outlying areas. The Piedmont is bordered by the southern
Rockies to the west, Great Plains escarpment to the
northeast, and Palmer Divide to the south.
Structurally, the site lies on the western edge of the
Denver Basin, a thick accumulation of sediments involved
with downwarping in the basin area and uplift of the
adjacent highland areas in late Cretaceous and early
Cenozoic. Small anticlinal folds occur adjacent to the
Front Range in the sedimentary rocks and are conducive to
the accumulation of oil and gas deposits. The closest known
faults to the site are the Thompson Canyon Fault and Milner
Mountain Fault, which are approximately 10 miles to the
northwest. Both faults are believed to be inactive since no
recent records of fault movement or earthquakes exist.
Slopes at the site are gentle with drainage generally
flowing to the northeast with a maximum slope of
approximately two percent (2%) . The existing soils show a
moderate swell potential with no existing radiation hazards.
Potential Geologic Hazards
Geologic hazards caused by gravity, such as landslides,
rockfall, mud and debris flows, and snow avalanches, are not
anticipated in the present state of the site. Utility
94wrr2
3
trenches may require shoring or bracing in order to create
safe working conditions during construction.
The SCS described the soils at the site as 1) Nunn Clay
Loam, and 2) Wiley-Colby Complex. These soils are described
by the SCS as having 0 to 2 percent slopes suited for
irrigated farm land or dryland pasture.
The soils, which are to support foundations, are strong
enough to support the foundation loads. r Each building site
should have a complete geotechnical investigation and
engineered foundation so as to minimize the effects of
structures on the clay soils
GROUNDWATER RESOURCES
Potable water is to be supplied by the Little Thompson
Valley Water District. Shallow groundwater at the site should
not be used as potable water, but may be used for irrigation
water pending acceptable water tests and well permits.
SUMMARY, CONCLUSIONS , AND RECOMMENDATIONS
Potential hazards can be minimized or eliminated by 1) a
geotechnical investigation being performed for each lot to
determine the recommended bearing capacities, and following the
recommendations in the report, 2) an engineered foundation for
each structure, and 3) construction performed as per the existing
codes and regulations.
940302
4
Based on the data mentioned in this report, we feel that the
site is suitable for the proposed Mountain View Estates I
provided the recommendations in this report are met.
940R `2
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Department or,`atural Resource; /.5.j _e.
1 31 3 Snerr,a, Street. R: .. 715
��,..
Dern er. Coio:aco 80203
Prone:303: 860-2611
FA\ .303,800-2115
Roy Rome-
Co.emor
Ken Sauna•
Eyecunve Drec;or
Wm.-Pa Rage's
Acting 0prctor s
Sure Ceomgis,
April 5, 1993
Ms. Nancy L Kirkley
Department of Planning Services
1400 North 17th Avenue
Greeley, Colorado 80631
WE-93-0006
Re: Mountain View Estates #1
Dear Ms. Kirkley
•
We have completed your review of the materials submitted in support of the above
subdivision request.
The only geology-related problems associated with this proposal are potentially swelling
soils, localized high ground water and radon accumulation.
The swelling soils and high water table problems can be adequately addressed by proper
design and construction techniques as recommended by Mr. John Donnelly.
The potential for radcn accumulation can be mitigated by the installation of the passive
portions of a subgrade ventilation system which can then be 'hooked-up" if needed.
Yours very truly,
Jeffrey L Hynes (
Senior Engineering Geologist
JH:B:\gs
l d APR 0 y 1993
Q/"Anne)
FINAL DRAINAGE REPORT
FOR
MOUNTAIN VIEW ESTATES 1
AND
MOUNTAIN VIEW ESTATES 2
A. Location
The site is located in the Northeast One-quarter of Section
5, T. 4N. , R. 68W. of the 6th Principal Meridian. In more
general terms, the site is located approximately 3 miles east of
Campion on Colorado State Highway 60. This information can be
seen on "Exhibit 1", entitled Vicinity Map.
B. Existing Conditions
The site is approximately 25 acres with average ground
slopes of of 1%. The land generally slopes in a northeasterly
direction and the site is presently used for agricultural
purposes. The Home Supply Ditch and the Lake Ditch cross the
southern most portion of the site, (see Exhibit 2 , entitled
"Drainage Plan") . An existing 15 foot gravel road abuts the site
to the east.
C. Proposed Development
The proposed development of this site consists of creating
two minor subdivisions, Mountain View Estates 1 and Mountain View
Estates 2 , with a combined total of 9 lots.
A private 24 foot wide gravel access road will be
constructed along the east boundary of the site. A borrow ditch
is proposed to be located along the west side of the access road
carrying stormwater runoff from the south to the north and
outletting to the existing Colorado State Highway 60 roadside
ditch. This borrow ditch will intercept overland stormwater flow
which presently is conveyed to Highway 60 by the adjacent 15 foot
gravel road to the east.
The proposed development will be that of single family
residences with light agricultural use.
D. Design Methodology
The Rational Method was used to determine the pre-
development and post-developed runoff peaks for the 10 year and
100 year events. A weighted average relationship was used to
determine the post-developed runoff coefficient. No off-site
flows crossing the proposed two subdivisions were considered in
this report as these will be intercepted and conveyed to Highway
60 by an irrigation ditch along the west property line of the
subdivisions. This report follows the criteria set forth in the
Larimer County Stormwater Management Manual.
9403'12
E. Results
For the existing conditions, the runoff coefficient was
determined to be 0. 30 . For the proposed conditions a composite
runoff coefficient was determined to be 0. 33 . This slight
increase in the runoff coefficient will result in a slight
increase in the peak runoff rates. This information is
summarized below in Table 1.
Table 1
C Q(10) Q(100)
Existing Conditions 0. 30 17. 5cfs 36. lcfs
Proposed Conditions 0. 33 20. lcfs 40. 7cfs
F. Conclusions and Recommendations
Based on the above it is proposed that, due to the small
increase in peak runoff, stormwater detention is not required. A
borrow ditch is to be constructed along the west side of the
minor subdivision roadway. This borrow ditch is to be 1. 5 feet
deep, 4 : 1 side slopes and at a slope greater than or equal to
1. 0%. It is proposed that the borrow ditch will carry stormwater
in a northernly direction to the existing roadside ditch along
State Highway 60.
940.2"2
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•
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2.66 acres
wDa•TMI 7.716Y MUTES 1)
II
1
PROPTS:D
IRRIGATOR DITCH II 5060
LOT 1
atm
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265 caws SCALE: 1'=300
II mitts'nor6nAlO
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LOT LOCATOR OF BORROW MICA
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DRAINAGE EASOIOIT
•I i 20 ROADWAY
•
ii LOGE, ! EXHIBIT 2
cuwati4l wcw MUM 24
DRAINAGE PLAN
5070
11
for
LOT 5 MOUNTAIN `VIEW ESTATES 1
4.06 .aCra
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PROPOSED
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IRWOON DITCH II 3060
1 j
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20'EASEMENT 1
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1
11
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II
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II
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25' POSTAL UIiLiTIE5. TARWATIR
•_ II AND DRAWAGE EASEMENT
I 24' ROADWAY
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VELOCITY 1N--FEET/SECOND
Figure 4.4.1.4-1 AVERAGE VELOCITIES FOR ESTIMATING TRAVEL
TIME FOR OVERLAND FLOW.
(From : USDA , Soil Conservation Service, 1977)
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t)r) March 5 , 19.. 3
• --e i
fl Deoa_ ten` of Planning �e_ . Ice
Weld County Administrative Offices
1403 .. . 17th Avenue
Gr» ' Colorado 00031
CRe : Mountain View Estates #1 and #2 , Case ;5-330
® Dear County Planner :
•
,� The Berthoud Fire Protection District has completed its review of
the plans submitted for the above minor subdivisions .
Cr) r-,.
With a 24 ' access roadway the minimum access width of 20 ' is met ,
( however the District will require the posting of "No Parking Fire
��J Lane" signs to assure apparatus access . Signs shall be approved by
4.- _ the District prior to installation and shall be posted every 250 '
beginning at the entrance of the subdivision .
The District requires that the access road be an all weather
1-.. driving surface capable of supporting fire apparatus and meet the
design criteria of Weld County.
Regarding fire protection a minimum of 500 gallons per minute is
required for single family subdivisions . The water supply line
must be a minimum of 6" in diameter and oversized to a minimum of
8" opldead end lines over 300 ' in length .
SS
• ® -The policy of this jurisdiction requires that all residential
structures be within 500 feet of a fire hydrant . This may require
building envelopes because of lot sizes . Also fire hydrants must
be within 1 , 000 feet of each other.
i
I It appears that Lot 3 of Mountain View Estates #1 will require a
building envelope as does Lot 2 of Mountain View Estates #2 .
DI have enclosed a copy of the District ' s access and fire protection
® specification policies . The type of hydrants and other related
requirements are outlined .
Sincerely,
S. Stephen Charles , Berthoud Fire Protection District Cfh ' g.fl tfig\v/) .
( 111 IIII
v cc : Ivar W. Larson II( MAR 0 9 199
(:f:)
925 N. County Line Road , Route 1
J Berthoud , CO 80513 3 U
Box 570, 275 Mountain Ave., Berthoud, Colorado 80513
,QttO:1 2
_, . ,
(,,,,,,,„ ,,,cH,)
ti„, , , •I
DEPARTMENT OF PLANNING SERVICES
_ PHONE(303) 353 45, EXT. 3540
�!D COUNTY ADMINISTRATNE Cr=iCES
wiipeEY, N. liRA OENCE
G^.°¢!EY, COLORADO c3o31
C0 ,`/ '�
W l� CASE nER: S-3:0
��1.1.l7• �' 41J�. 1 W('z7 t..4. •i. - \
p �'
III -- 1 L .�
��ti Cz C ar Larson/Mountain View Estates -i1 for a Minor
`C ( 'l€ 60.-41(‘-2 -- . : described as Lot A of RE-126 , part of the NE_
4i . 1;`1`�vkeuD: P.M. Weld County, Colorado. The location of
�Y�
Cern/N./Y,' .s}.1 application has been submitted is the south
y„L_ .�yo -�-�J , cit'ti \I 800 feet west of Weld County Road 5 .
•
���Y-• `�^'�'C`�' &u for review and recommendation. Any comments
\1O con-C\Lc* `- ,, do
.o cw�A ilO.Ue LY�+L levant to this request would be appreciated.
ilitate the processing of the application and
f your recommendation. Please reply by March
10, 1993, so that we may give full consideration to -your recommendation. Please
call Nancy L. Kirkley, 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:
940302
i i f 11•
Vdt IC'
tO k. DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3345, EXT. 3540
COUNTY ADMINISTRATIVE OFFICES
1119 1400 N. 17TH AVENUE
CWELD
GREELEY, COLORADO 80331
COLORADO
February 24, 1993 CASE NL-w3ER: S-331
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ivar Larson/Mountain View Estates #2 for a Minor
Subdivision. The parcel of land is described as Lot B of RE-126 , part of the NE4
of Section 5, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of
the parcel of land for which this application has been submitted is the south
side of Highway 60, approximately 800 feet west of Weld County Road 5.
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 March
10, 1993, so that we may give full consideration to your recommendation. Please
call Nancy L. Kirkley, 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. P eas _efer to the enclosed letter.
Signed: 1 4.7Agency:
Dace : Aw Off, I +I-'1_a1 C)! _
jiII MAR 0 9 1993 j
" 1Jn •-..•elannir-
940 "2
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
November 12, 1993 ORDER NO. 93002447
RE:
LARSON/TBD
IVAR AND DONNA LARSON
925 N COUNTY LINE ROAD, RTE 1
BERTHOUD, CO 80513
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment
Endorsement XX_
Policy
Tax Certificate
Foreclosure Certificate
Other
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES^ in the future!
If you have any questions regarding this commitment, please
call WAYNE CRAVEN at (303) 352-4571.
940Z!02
ENDORSEMENT TO TITLE COMMITMENT
ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CALLED THE COMPANY.
DATE: November 12, 1993
ORDER NUMBER: 93002447
SELLER: LARSON
BUYER: TBD
ADDRESS:
ENDORSEMENT NO. 1:
SCHEDULE A is hereby amended as follows:
ITEM 1: NOVEMBER 9, 1993 AT 7:45 A.M.
This endorsement is made a part of said commitment and is subject to the
schedules, conditions and stipulations therein, except as modified by
the provisions hereof.
Nothing herein contained shall be construed as extending or changing the
effective date of said commitment unless otherwise expressly stated.
Signed under seal for the Company, but this endorsement is to be valid
only when it bears an authorized countersignature.
Carloss Morris Stewart Morris
Chairman President
Countersigned:
BY: WAY E. C170701:7.
AUTHORI COUNTERS IGNATUREN----
9403 l2
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
October 07, 1993 ORDER NO. 93002447
RE:
LARSON/TBD
IVAR AND DONNA LARSON
925 N COUNTY LINE ROAD, RTE 1
BERTHOUD, CO 80513'
Original + 1 Copy
In connection with the above Order No. we are transmitting the
following:
Title Commitment _fl_
Endorsement
Policy
Tax Certificate
Foreclosure Certificate
Other
THANK YOU for your "Title insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this commitment, please
call DAN at (303) 352-4571.
9403'22
Amer can Lam. Title Association Commitment-Moor(led 10/73
.j ^,."_ _ •_ - - _ - - . .
Y(
COMMITMENT FOR TITLE INSURANCE
4. ISSUED BY -
.r STEWART TITLE
GUARANTY COMPANY 7:
'r
jfy STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
i.: valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate -••;
`- -: * or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions
• and Stipulations hereof. �t
1 `_
;:
w
t .;{' This Commitment shall be effective only when the identity of the proposed Insured and the amount i
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
4) either at the time of the issuance of this Commitment or by subsequent endorsement. ;^,
.41
`' This Commitment is preliminary to the issuance of such policy or policies of title insurance and all t
liability and obligations hereunder shall cease and terminate six months after the effective date hereof j'
;. ,a or when the policy or policies committed for shall issue, whichever first occurs, provided that the 1" '
I failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent. ^•
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to rr" '
become valid when countersigned by an authorized officer or agent of the Company, all in accordance s4
with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date." r
STENVAIZT TITLE GUARANTY COMPANY
�oj���// /�/I/0 ///,���f/�jl�� 1 •.•
•
""AEC
l�4t onorr a;13
' #' Chair an o 'h� Boar. a3t?c +rF.tz
Coun rsigned b President
j �",li` 1 9 0 8 �o\
.+
A
A t.•rized Sig atory t-`i•.
y.'.
. 1 '..,•,
Company -K'
.yj - - .
1 _y„ .
.t1gi City,State i
4 'f. �.irimSena Np. C-1601 - 2 . � _�.
165
Qd e:?Ft?
SCHEDULE A
ORDER NUMBER: 93002447 COMMITMENT NUMBER: N/A
1. EFFECTIVE DATE: September 08, 1993 at 7:45 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TBD
PROPOSED INSURED: TBD
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
IVAN W. LARSON AND DONNA M. LARSON
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
LOTS A AND B OF RECORDED EXEMPTION NO. RE 126 RECORDED APRIL 8,
1974 IN BOOK 712 AT RECEPTION NO. 1633663, LOCATED IN THE NE 1/4
OF SEC. 5, T4N, R68W OF THE 6TH P.M. , WELD CO. , COLO.
OWNERS: $ 122.00
"If Closing Services have been requested, there will be an
additional charge."
Policy or Policies committed to be issued hereunder are ALTA
Owner and/or Loan Policy - (4-6-90) .
//
j
STEWART TITLE I E GREEN IELD
OF GREELEY, INC. /
916 10th Street ZED /
Greeley, Colorado 80631 COUNTERSIGNATURE
Phone No. (303) 352-4571
Fax No. (303) 352-1815
940x"2
SCHEDULE B - SECTION 1
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXELUi bD AND DULY FILED FOR RECORD, TO WIT:
1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A
LATER DATE
2. NOTE: "The COMPANY reserves the right to make any additional
REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any
subsequent ENDORSEMENTS thereto, once the NAME(S) of the
INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED"
940?",2
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2 . EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3 . DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
NOTE: "MECHANIC'S LIEN" AND/OR "GAP" PROTECTION (EXCEPTIONS 4
AND 5 ABOVE) MAY BE AVAILABLE WITH AN OWNER'S POLICY OF TITLE
INSURANCE ON RESIDENTIAL PROPERTY UPON COMPLIANCE WITH STEWART
TITLE OF WELD COUNTY'S REQUIREMENTS. P7,£n4E CALL FOR FURTHER
INFORMATION AS TO THOSE SPECIFIC REQUIREMENT(S) NECESSARY TO
OBTAIN THIS COVERAGE.
7. Any and all unpaid taxes, assessments and unredeemed tax
sales.
8. DITCH EASEMENT FOR CONSOLIDATED HOME SUPPLY DITCH AND
RESERVIOR COMPANY AND THE HANDY DITCH COMPANY.
9. DITCH EASEMENT SAS SET FORTH IN DEED RECORDED OCTOBER 9, 1970
IN BOOK 634 AT RECEPTION NO. 1555902.
10. EASEMENT FOR ROADS AND UTILITIES AS GRANTED BY INSTRUMENT
RECORDED MAY 19, 1982 IN BOOK 968 AT RECEPTION NO. 1892123.
11. EASEMENTS AS SET FORTH ON EXEMPTION PLAT RECORDED APRIL 4,
1974 IN BOOK 712 AT RECEPTION NO. 1633663.
Continued on next page
9403``'2
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 93002447 COMMITMENT NUMBER:
12. TERMS, CONDITIONS AND PROVISIONS OF COURT ORDER RECORDED
DECEMBER 20, 1982 IN BOOK 984 AT RECEPTION NO. 1911971.
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
Page 5
940;1,122
0
R2-J
HOMPSON SCHOOL DISTRICT
535 N DougLas Avenue
/ Loveianc. Coioraco 8053
oveland , Colorado (303) 889-39-o
March 8, 1993 PLANNING DEPARTMENT
Florence Brown, Planning Spec.
ATTN: Case # S330 & 331
Weld County Dept. of Planning Services
1400 N 17th Ave.
Greeley, Colo. 80631
RESPONSE TO: Hountain View Estates 1 & 2 Development
According to the information received, this development lies in the following
current school attendance areas:
Winona Elementary - Capacity: 382 Fall '92 Enrollment: 257
Bill Reed Middle School - Capacity: Fall '92 Enrollment: 941
Thompson Valley High School - Capacity: Fall '92 Enrollment: 1395
The development of 9 single family homes, 0 units of 2-5, and 0 multi-family
units, can be estimated to generate 2 elementary students, 1 middle school
student and 2 high school students. Elementary space should be adequate; middle
and high schools can be expected to be crowded. The district currently has no
plans for additional construction of facilities at these levels.
Due to the high level of development activity throughout the district, attendance
areas cannot be guaranteed beyond the current year.
This development will require bussing for elementary, middle and high school
students (grades 9 & 10 only) . Buses will not enter the subdivision and a safe
pull-off from the highway should-be provided adjacent to the entryway. The
District requests that adequate walkways be provided within the subdivision and
that a safe bus waiting_ area with shelter for at least 2 students be provided.
The District requests fees in lieu of land dedication for this development.
c. Ivar W. Larson
925 N County Line Rd
RTE 1
Berthoud CO 80513
a
._ti.of•*'Irirr
:44( nr,o
'94,4 ^ia
/S0kr
RANDOLPH W. STARR. P. C. FT�0,0 ' St
ATTORNEY AT LAw �D dSy. 9 y a/�7 9 O O
d'70 eD °91 a40
Cp�r*g ' `SOiia
P. 0. DCX 642 aC -
LcvELAND. COLORADO 90539 BCfp
March 6.5o s99-EFAX 303-66?X841
03
R CSERT C. CHRISTENSEN
RANDOLPH W. STARR
OP CO 'L
Ms. Nancy L. Kirkley t III
Weld County Planning Services LIAR 0 4 1993 UU
Weld County Administrative Offices
1400 N. 17th Avenue rI,,,.,;H-
Greeley, Colorado 80631
Re: Mountain View Estates #1 (S-330) and Mountain View
Estates #2 (S-331)
Comments of Consolidated Home Supply Ditch and
Reservoir Company
Dear Ms. Kirkley:
The following are comments of the Consolidated Home Supply
Ditch and Reservoir Company (the Company) with respect to the above
subdivision proposal.
1. The Company requires that an agreement be entered into
between the Company and all of the property owners (and all
lienholders) setting forth the provisions that are discussed in
this letter. The execution and recording of this agreement must be
a condition of approval of this development by the County. A blank
form of the agreement is enclosed with this letter.
2 . The Company has an easement for its ditch system across
the property which is included within the development. Although
the Company has not had its ditch system surveyed in this area, the
Company has identified an easement width as 100 feet, being 50 feet
on each side of the center line. The plat of the subdivision does
not show an easement width, and the plat should be amended to show
the Company's easement width correctly. Additional__easement area
is necessary for structures such as lateral itches used to
irrigate the subdivision property and other prop,((geity in the area, J
checks, headgates and access easements. The plat ' rroneously shows-v
the location of certain lateral ditches. The plat should be
corrected to show the actual location of the lateral ditches, and
an easement width should be shown for each lateral. The Company's
ditch road is not shown on the plat. Apparently the road may exist
on adjoining property. The plat should be amended to show the
actual location of the ditch right of way south of the subject
property and show the actual location of the ditch and ditch
company road on the adjoining property so the Company can assess
the impact of this development on its facilities.
3 . The subdivision apparently shows no crossing over the
940x'"2
Ms. Nancy L. Kirkley -2- March 3 , 1993
ditch of the Company. If a crossing would be necessary, the
Company would require that no crossing of its ditches will be
allowed without the prior written approval of the Company.
oIn that
r othat
event the design and construction of any bridges , pipes,
structures within the ditch company's easement must be approved by
the Company before installation. Generally the criteria of the
Company for a ditch crossing for a road would be that he crossing
r sswing
be of concrete, not metal or other pipe,
walls and bridge deck height be designed and that all plans be
submitted by the Company to its engineer and that the developer pay
all costs of the Company incurred with respect to the proposal .
The cost may also include board of director meeting fees and costs,
attorney fees, costs of additional easements, and surveying expense
with regard to the proposal. A written agreement would be required
to be entered into between the owners of the property and the
Company with respect to maintenance and upkeep of the easement and
the crossing facilities.
4 . The Company has the authority to cut and remove trees
within its right of way and the Company wants the applicant to
acknowledge that the Company will, at an appropriate time, remove
any and all such trees on the applicant' s property. The Company
wants the applicant to acknowledge that the applicant may not plant
or otherwise landscape the ditch right of way. The Company also
has the authority to install and maintain a road along each ditch
bank for its purposes.
5. The applicant must not place any fence within the right
of way, and particularly across the rigor t of
way;fenc ands thear the applicant
should agree not to install any gates
company right of way without the prior written approval of the
Company. Any fences approved by the Compre along
b olg the vestockitch
tch
easement must be stock-proof to prevent damage bny
other sources to the ditch. There will not fepnre permitted
shou any
livestock watering in the ditch. A chain link type
constructed along the boundary of the Company's easement.
6. The Company would identify to the applicant and the
county that there may be subsurface waters that arise in the area
of this development and that there are periods of time when, due to
water flowing within the ditch system and otherwise, that portions
of the property receive significant amounts of subsurface water
that is very near to the surface, or resides on the surface. Due
to this problem, the utility of certain portions of the property
for construction of fans to alter its operations astructures could otentiall eitnwouldacure
The Company has no p
this surface and subsurface water issue.
7 . The Company wants the applicant to agree that all earth
moving and landscaping shall be accomplished so that all return
flow and waste water from irrigation will return to the ditch. The
applicant should acknowledge that historic irrigation patterns
Ms. Nancy L. Kirkley
_.3_ March 3 , 1993
should be maintained on the property so that there are no changes
in the operation of the Company' s facilities .
8 . The applicant should be required to maintain the existing
irrigation patterns so that the quality of water entering the ditch
from irrigation and from precipitation and other sources be
maintained, and so that there is no change in point or type of
drainage into the ditches that will occur. The applicant should be
required to monitor and identify any pollutants or other hazardous
materials that enter the ditch and should agree to stop any such
deposit in the ditch system.
9 . The applicant should be required to agree to join a
drainage district for this area in the event of formation of such
a district.
10 . The applicant may own stock in the Consolidated Home
Supply Ditch and Reservoir Company, and may also own water through
the Northern Colorado Water Conservancy District, or otherwise.
Since the ownership of the property. will be divided by the
subdivision, and since the Company's bylaws prohibit division of
its stock ownership, the Company wants the applicant to form a
property owner's association to administer the irrigation water and
stock. In this fashion, the Company would have one representative
from the owners to deal with, one person who would be responsible
for giving orders for irrigation water, and the association would
be a single entity to deal with the Company concerning stock
assessments .
11. The Applicant should acknowledge that: 1) No livestock
watering, swimming, tubing, canoeing or other use of the ditch or
water in the ditch is allowed; 2) No dumping of refuse, including
but not limited to household garbage, waste materials, grass
clippings, tree and shrub prunings, motor oil, chemicals,
pesticides or herbicides is allowed; 3) No pumps for lawn or other
irrigation are allowed in the ditch; 4) No use of the ditch
easement for hiking, biking, horseback, motorcycle, off road
vehicles or other motorized or non-motorized vehicle shall be
allowed.
If further information is needed concerning these comments
then you should contact: Mr. Delbert Helzer, Superintendent,
Consolidated Home supply Ditch and Reservoir Company, 1650 West 8th
Street, Loveland, Colorado 80537 , Telephone: 667-1934 .
Si
• Randolph W. E„Starr
RWS/srw
cc: Mr. Delbert Helzer - Home Supply
CDS Engineering - Richard Thornton
Ivar Larson chsdmtnv.let
di 41ON WQ'
MAY 2 0 1993
• • - •..O�q BN�I1^
May 14 , 1993
Mr. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5, township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request. is S330 which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld County that includes
concentric growth around existing municipalities. These two
and one half acre lots are simply incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know of the importance of this
land to agriculture. It is a high producing plot and in its
present condition could continue to be so.
Finally, I purchased land in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision.
Sincerely,QuiA)175sflcGc�
\,. ' r°537
940.7:"2
May 14 , 1993
Mr. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5, township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request is' 33o which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld County that includes
concentric growth around existing municipalities. These two
and one half acre lots are simply incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know of the importance of this
land to agriculture. It is a high producing plot and in its
•
present condition could continue,to be so.
1.
Finally, I purchased land in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision.
Sincerely,
O /
2-X-5/
1O� AL/11-
2 7_.(6 ie..44---4i° eas3t7
206, �/�- 4 61,
MAY271993 . 0
940.29'2
May 14 , 1993
Mr. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave.
Greeley, Co. 80631
Dear Mr. Cunnliffe:
It is my understanding Ivar Larsen has made a request
for subdivision on a plot of land located in the northeast
quarter of Section 5 , township 4 north, range 68 west of the
south principal meridian, Weld County. The case number for
this request iss3?v O which is attempting to subdivide this
land into a number of two and one half acre lots.
I oppose this subdivision because of my awareness of a
comprehensive growth plan in Weld County that includes
concentric growth around existing municipalities. These two
and one half acre lots are simply (incompatible with the
surrounding area which include agriculture use of a
irrigation system, inadequate domestic water, poor
perculation for septics and the agriculture zoning for this
area. As a land owner, we know ofjthe importance of this
land to agriculture. It is a high producing plot and in its
•
present condition could continue/to be so.
t
Finally, I purchased land in this area because of
zoning assurances from Weld County. We chose not to live
close to a high growth area and this proposed subdivision
violates that opportunity. The Planning Board should
maintain that trust with the landowners and disapprove this
subdivision.
Sincerely,
(7111
. t1sISf-et ��
LwA- ^a Co
—Dial)
Oil in
May 14, 1993
Mr. Chuck Cunliffe
Weld County Planning Department
1400 North 17th Avenue
Greeley, Colorado 80631
Dear Mr. Cunliffe:
Recently I received some very disturbing news. It was brought to my attention that Mr. Ivar
Larsen is requesting his twenty-five acre property be subdivided into a number of two and one
half acre lots. This plot of land is located in the northeast quarter of Section 5, township 4
north, range 68 west of the south principal meridian, Weld County. The case number for this
request if#S330.
As nearby land owners, my wife and I heartily oppose this request for a subdivision and have
listed some strong reasons for it to be denied.
1. Incompatibility with surroundings
2. Transportation and traffic problems
3. Leapfrog development
4. Inadequate sewer or water
5. Zoning
6. Telephone service
7. Environmental issues
8. Irrigation water
9. Drainage
10. Noise
When we purchased our property twenty-two years ago and started building our home, it was
our belief that Weld County's zoning and growth plan included concentrating growth around
existing municipalities. We sincerely hope that Weld County perceives agriculture and farmland
as an absolute necessity and upholds these beliefs. Please, do not let Weld County farmland be
whittled away like Larimer County. Our trust and future are in the hands of Weld County
Planning Commissioners, please do not let this request be approved.
Sincerely,
fewc} AIdMY-
Laawrence Ii. Starck
97.
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Mary F. Starck
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mEmORAnDUm
Chuck Cunliffe To °1anri. Oat, `"arch 15 . 1993
\•.,)
COLORADO
COLORADO F.o.., Drew Scheltinga. Enzineerinz �\
Subject: Ivar ?arson\:fountain. View Estates =1 & =2
S-330 & S-331
I am reviewing Mountain View Estates T1 & 2 at the same time and including my comments in
the same memo.
The purpose of the minor subdivision as outlined under Sec. 4. 1 of the Weld County
Subdivision Ordinance is Co make the review process simpler when considering small
subdivision with a maximum of 6 lots. The submittal of Mountain View Estates #1 & =2,
having 4 and 5 lots respectively, is an obvious effort to create 9 lots and avoid the normal
subdivision process. These two placings should not be viewed separately and should be
required to be submitted as one application.
Access onto State Highway 60 will have to be reviewed by the Colorado Department of
Transportation. Considering the traffic on State Highway 60, and the traffic that would be
generated from a 9 lot subdivision, I suspect the State Highway Access Code will require the
construction of turn lanes.
The sketch plan indicates a 24' wide roadway inside a 30' dedicated right-of-way. This
leaves 3' on either side of the road which is not enough for any. kind of maintenance. The
sketch plan also indicates a 25' easement on the west side and a 30' easement on the east
side. This leaves a total corridor 90' in width. I recommend a 60' right-of-way be
provided along with the appropriate utility easements on all perimeter and lot lines as
required by the subdivision regulations. The geometry and right-of-way of the cul-de-sac
is unclear. The easements for the lake ditch and the home supply ditch should be included
in the final plat.
The road cross section supplied is adequate with the exception of the 12" culvert size. I
recommend a minimum of 18" because of maintenance problems with smaller diameter pipes . The
sizing of the ditches should be included in the final drainage report.
There is no technical or support data provided with any of the drainage information. Brief
statements are made in an effort to address the requirements of Sec. 10.11. In general, the
conclusion is there will be no change in run-off or change in existing patterns. Those
conclusions may well be correct, but prior to proceeding to final plating all maps,
computations and technical support must be provided. For example, a ditch and culverts are
planned on the west side of the road that will drain a substantial area and direct it to a
crossing under State Highway 60. The adequacy of chat system and the improvements will have
to be addressed. Also, there are existing irrigation ditches that will effect the site.
The information provided in this submittal is minimal. Therefore, at the time of final
plating there may be comments on items not apparent at this time.
DS\pds:mchuck
cc: Commissioner Baxter
S - 330 & S - 331
940;r2'Z
FYI
May 13 , 1993
MR. Chuck Cunliffe
Weld County Planning
1400 N 17th Ave .
Greely, Co. 80631
Dear Mr . Cunliffe :
This letter is a request for denial , for a subdivision
of a plot of land which is located in the north east quarter
of Section 5 , township 4 north, range 68 west of the south
principal meridian, Weld County. The case number is #S330
applied by a Mr . Ivar Larson .
I have recently purchased the land that borders this
plot to the East , We decided to purchase property in Weld
County because of the obvious intentions of the county, to
keep subdivisions close to highly populated areas .
This area is very important to agriculture , and the
proposal for a subdivision not only puts the above mentioned
plot in jeopardy, but the surrounding properties as well , as
there is inadequate domestic water supply, poor perculation
of septics , and the existing irrigation system will surely
not survive such a change .
I can only hope that the Planning Board will continue to
preserve our agriculture lands , and disapprove this proposed
subdivision .
Sincerely,
Mike and Valerie McEntee
�°F� &-'
MAY 1 4 1993 \_\
• IA- Pyiey,i7F,
Poudre Rr.
POUDRE VALLI_ RURAL Valley CA
ELECTRIC ASSOCIATION , INC .
4809 SOUTH COLLEGE AVE • P.O. BOX 1727 FORT COLLINS • 226-1234
FORT COLLINS. COLORADO 80522-1727 FAX NO. • (303) 226-2123
February 2 , 1993
Bacon Lake Farms
Mr . Larson
925 N County Line Road, Rte. 1
Berthoud, CO 80513
RE: NE 1/4 , SECTION 5 , TOWNSHIP 4 NORTH, RANGE 68 WEST, COUNTY OF
WELD
Dear Mr. Larson:
Poudre Valley Rural Electric Association, Inc. is ready, willing
and able to serve all electrical loads within our certificated
service territory subject to the Rules and Regulations of Poudre
Valley Rural Electric Association, Inc.
If you have any questions , please contact, our office .
Sincerely,
Terry Willis
Senior Engineering Representative
pl
A: \TW\BACONL.AKE
GREELEY • 686-7431 LONGMONT • 776-1084 DENVER • 623-8606 1-800-432-1012
AN EQUAL OPPORTUNITY EMPLOYER 9103`92
AIM
tit if� MAR 1 u93
fiiEMORAnDUM 19 //�
1Tl,l \
Tr
WI`D o Nancy L. Kirkley
To Weld County Planning Date March 8, 1993
COLORADO
From John S. Pickle, M.S.E.H. , Director, Environmental Health/ Z
Subject: Case Number: S-330 Name: Larson, Ivar/Mountian View
c
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. Wood shavings, saw dust, and waste materials shall be handled, stored, and
disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
3. Individual sewage disposal systems are required for the proposed
facilities and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
4. The Division requires that this facility utilize existing public water
supply.
.1SP/jg-437
940:v19
O Public Public Service° CCompaney of Colorado
P.0. Box Tao
Loveland, CO 80539
February 8, 1993
Bacon Lake Farm
Ivir Larson
925 N. County Line Rd.
Rte 1
Berthoud, CO 80513
Dear Mr. Larson:
This letter is to confirm our conversation of February 4, 1993. Natural gas
is available and located in the area of Highway 60 and Weld County Rd 5.
It is my understanding that the proposed subdivision site is located on
Highway 60 between Weld County Roads 3 and 5. Our present gas main is located
on the north side of Highway 60 - SEC 5 TWS 4N RANGE 68W.
Any extension of these natural gas facilities would have to be in accordance
with Public Service Company's rate, rules and regulations governing gas
service, service connections, and main extension policy on file with the
Public Utilities Commission of Colorado.
The cost to install new gas mains or services is available upon request,
provided we have all the necessary information.
If you have any further questions, please do not hesitate to contact me at
once.
Sincerely,
'
Len Hilderbrand
Energy Services Representative
LH:sw
•
94 02'12
DECLARATION OF PROTECTIVE COVENANTS
FOR MOUNTAIN VIEW ESTATES 1
AND MOUNTAIN VIEW ESTATES 2,
both minor subdivisions situated in Weld County, Colorado,
This Declaration of Protective Covenants running with the land is
made by the Owners of all of the real Property to be known as
MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW ESTATES 2, which Property
is described in those certain subdivision plats recorded for
MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW 2 , located in:
Section 5, Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado.
RECITALS
1. Declarant is the Owner in fee of all of the above-described
land in those minor residential developments sometimes referred to
hereafter as MOUNTAIN VIEW ESTATES 1 AND MOUNTAIN VIEW ESTATES 2 or
the "Property" .
2 . It is the intention and desire of the Declarant to set forth
this Declaration of Protective Covenants in order to promote the
harmonious and attractive development of the Property for the
health, comfort, safety, convenience, and general welfare of the
present and subsequent Owners of the Property and each portion
thereof.
NOW THEREFORE, Declarant hereby declares that the Property is
subject to the following protective covenants which shall run with
the land for the benefit of and be binding upon each present and
subsequent Owner of any portion of the Property and their
respective grantees, successors, personal representatives, and
assigns.
ARTICLE I
DEFINITION OF TERMS
1.01 As used in this Declaration, the following terms shall have
the meanings indicated:
Architectural Control Committee. The committee described in
Article V of this Declaration.
Association. Mountain view Estates 1 and 2 Owners Association.
The members of which shall be all of the several Owners of the lots
within the Property.
Board. The duly elected Board of Directors of the Association.
1
9402.P2
Bylaws. The duly adopted Bylaws of the Association as the same
may be amended from time to time.
Colorado Common Interest Ownership Act (sometimes also
referred to herein as "CCIOA") . The applicable provisions of
Colorado statutes known as the "Colorado Common Interest Ownership
Act" , which is now codified as Article 33 . 3 of Title 38 , Colorado
Revised Statutes, as may from time to time hereafter be amended.
Common Elements. The Plats of MOUNTAIN VIEW ESTATES 1 and
MOUNTAINVIEW ESTATES 2 . Describes roads, irrigation and utility
easements as shown upon the Plat. Those are called common
elements.
Declarant. The Owner of the Property whose signature is
affixed to this Declaration.
Owner. The record fee Owner or Owners if more than one of a
lot, including Declarant so long as any lot remains unsold.
Plats. The Plats of Mountain View Estates 1 and Mountain View
Estates 2 , located in
Section 5, Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado
Property. All of the real Property known as MOUNTAIN VIEW
ESTATES 1 and MOUNTAIN VIEW ESTATES 2 .
ARTICLE II
LAND USE CONTROL
2. 01 Land Use and Building Type. No lot shall be used except for
residential and related purposes. No building other than
outbuildings permitted by paragraph 2 . 02, shall be erected,
altered, placed, or permitted to remain on any lot other than
one (1) detached single family dwelling not to exceed two and
one-half (2 1/2) stories in height above finished grade level,
which must include a private attached garage for no more than
three (3) automobiles. The Architectural Control Committee may
authorize a garage for more than three automobiles if the
Architectural Control Committee determines that the same is
compatible with the harmonious and attractive development of
the area. Dwellings must be built on-site, and no pre-fabricated,
previously built, or modular homes shall be permitted upon the
Property. Dwelling construction must be completed within one (1)
year after the date of construction commencement. Out buildings are
permitted in accordance with Section 2 . 02 .
2
9402(2
2 . 02 Out Buildings. Subject to the prior approval of the
Architectural Control Committee, permitted out buildings are
stables, barns, pool houses, or other structures determined by the
Architectural Control Committee to be compatible with the purposes
and intent of this Declaration. In no case shall out buildings
exceed the height of one (1) story above finished grade level . Out
buildings must be of similar color, design, and quality with the
principal dwelling on the Property. Machine sheds are not
permitted out buildings .
2. 03 Dwelling Quality and Size. No dwelling shall be erected on any
lot having an enclosed floor area on the main level of less than
one thousand four hundred (1, 400) square feet, exclusive of
porches, garages, and basements. For purposes of this section, the
main level shall be that level of the dwelling at or closest to
finished grade level which is most immediately reached by the front
entrance to the dwelling. If any dispute arises as to what
constitutes the main level of a dwelling, the decision of the
Architectural Control Committee shall be conclusive and
controlling. No trailer, basement, tent, shack, garage, barn, or
other building shall be used as a residence, temporarily or
permanently at any time, nor shall any structure of a temporary
character be used as a residence. All dwellings shall possess wood,
brick, or stone exteriors, or a combination thereof. No building,
fence, out building, or other structure shall be erected, placed,
or altered on any lot until the proposed building plans,
specifications, exterior color and finish, plat plan (showing the
proposed location of such building or structure, driveways and
parking areas) , and construction materials shall have been approved
by the Architectural Control Committee.
The Architectural Control Committee shall have the full discretion
to approve and deny such plans so as to insure the best use and the
most appropriate development and improvement of each building site,
to protect the Owners of building sites against inappropriate use
of surrounding building sites as will depreciate the value of the
Property; to preserve, so far as is practicable, the natural beauty
of the Property; to guard against the erection of poorly designed
structures, and structures built of improper or unsuitable
materials; to obtain harmonious color schemes; to insure the
highest and best development of said Property; to encourage and
secure the erection of attractive homes and other permitted
structures thereon, with appropriate locations thereof on building
sites; to prevent haphazard and inharmonious improvement of
building sites; to secure and maintain proper setbacks from streets
and in general to provide adequately for a high type and quality of
improvements on said Property and thereby enhance the value of
improvements on the Property.
2. 04 Repairs. Any repairs to or reconstruction of dwellings, out
buildings, fences, etc. , whether due to wear and tear or natural
causes (such as wind, hail, fire, flood, etc. ) , shall be subject to
and in accordance with the covenants herein. Removal of damaged
3
940an
structures, or the repair and reconstruction of such damaged
structures, shall be promptly undertaken and completed no later
than one (1) year from the date of damage.
2 . 05 Nuisance. No lot shall be used in such a manner as to obstruct
or interfere with the enjoyment of Owners of other lots or annoy
them by unreasonable noises, lights, odors, or otherwise, nor shall
any nuisance or illegal activity be committed or permitted to occur
on any lot. No exterior horn, whistle, bell, or other sound devices
except security devices used exclusively to protect the security of
the Property and the Owners or occupants thereof shall be placed or
used on any part of the Property.
2 . 06 Animals. Up to two (2) adult large animals and their unweaned
offspring may be kept on each lot except as provided in this
section. For purposes of this paragraph, large animals consist of
horses, cattle, mules, llamas, vicuna, sheep and such other animals
as the Board may from time to time hereafter approve as permissible
large animals to keep upon the Property. Dogs, cats, and other
household pets and small animals may be kept provided they are not
kept, bred, or maintained for any commercial purposes and further
provided that the number thereof do not result in unsanitary
conditions or a nuisance or annoyance to the Owners of other lots.
The Board may adopt from time to time such rules and regulations as
it deems appropriate regarding the type, quantity and requirements
for keeping such household pets and small animals. In addition, the
Board shall have the right, on a selective basis, to permit up to
two (2) additional adult large animals to be kept on a lot if, in
the judgment of the Board, suitable Elements have been erected for
the maintenance and care of such animals. The Board shall have the
right to develop the standards of care and maintenance which must
be met as a condition to permitting the keeping of additional
animals. Notwithstanding the foregoing, unless hereafter approved
by the Board, no swine may be kept on a lot, and no chickens,
ducks, geese, pea hens, or other non-household birds or poultry may
be kept on any lot. All animal enclosures shall be erected and
maintained in accordance with the covenants herein and the rules
and regulations regarding the same as may from time to time be
adopted by the Board. Any decision by the Board regarding type and
number of animals which may be kept upon any lot, shall not be
effective unless and until it has been reduced to writing. Any such
decision may be later rescinded or modified by the Board, and any
lot Owner affected by such recision or modification shall have a
reasonable time, not to exceed forty-five (45) days to comply with
such recision or modification.
2. 07 Keeping of Animals. Large animals maintained on any lot
pursuant to Section 2 . 06 must be kept within an enclosed corral,
pen, or other enclosure, which enclosure must be kept in a neat,
clean, and orderly condition at all times. Small animals shall be
properly housed or penned to confine them on the lot. Appropriate
measures must be maintained to control flies and other pests on the
4
94(9^ '2
lot and within such enclosures and for the disposition of waste and
similar matter. The Board shall have the authority to establish
standards for the maintenance of animals, including the minimum and
maximum size of permitted enclosures, the type of materials which
may be used in their construction, and other similar matters which,
in the judgment of the Board, shall be deemed appropriate for the
health, safety, and maintenance of the Property and its occupants.
It is specifically understood that the Board may require Owners to
take such measures as may be necessary to prevent the overgrazing
of each lot and the destruction of vegetation on each lot.
2 . 08 Rubbish. No lot shall be used or maintained as a dumping
ground for rubbish. All trash, garbage, and other waste shall be
kept in sanitary containers, and all such containers shall be
maintained in a good, clean condition. All liquid and solid
wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. Wood
shavings, saw dust, and waste materials shall be handled, stored,
and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
2. 09 Slang. No sign of any kind shall be displayed to the public
view on any lot except: (i) one sign of not more than five (5)
square feet advertising the lot for sale or rent; (ii) signs used
by a builder to advertise the Property during the construction and
sales period; and (iii) such other signs as the Board may, from
time to time, approve.
2. 10 Easements.
A. Utility and Irrigation Easements. Easements for the installation
and maintenance of utilities and irrigation and related Elements
are reserved as shown on the recorded plats of the Property. Within
these easements, unless approved by the Board, no structure,
planting, or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance
of utilities, or which may change the direction of flow, or
obstruct or retard the flow of water in and through the easements.
The easement area of each lot and all improvements in it shall be
maintained continuously by the Owner of the lot except for those
improvements for which a public authority, or one or more utility
companies, or the Association is responsible. The Association shall
have the right to enter upon such easements from time to time as
the Board may determine necessary or appropriate to construct,
maintain or repair any ditches or other Elements for irrigation
purposes which benefit the Association. The Association shall not
be responsible for any damage to any property or landscaping of any
lot Owner, including any damage occurring outside the easement area
from equipment or operations, if such damages are reasonably
unavoidable. If any such work is done by the Association as a
result of failure of a lot Owner to comply with these covenants or
to properly maintain the easement area, the cost shall be assessed
against such Owner and shall be recoverable by the Association in
the same manner and fashion as general and special assessments with
5
9402'^2
all the remedies and rights for recovery and collection as provided
in Article IV of this Declaration.
B. Private Access Easement and Public Utility Easement. Each lot
Owner shall have the joint and mutual use of the private access
easement and public utility easement shown upon the plat of the
Property. No lot Owner shall interfere with the usage of such
easement area for such purposes. The maintenance and repair of the
easement and any improvements thereon shall be the responsibility
of the Association.
2 . 11 Fences. All fences, walls, hedges and plantings adjacent to
public roads shall be in compliance with any applicable site line
requirements established by the governmental authority having
jurisdiction. All fences, walls, hedges, and shrub plantings shall
be maintained in a clean, neat, and orderly condition at all times.
Wire, metal fabric, and chain link fences are not permitted on any
portion of a lot in front of the dwelling.
2. 12 Vehicles. No trucks, vans, campers, or vehicles other than
passenger cars, or pickup, or utility trucks with a capacity of
one (1) ton or less shall be parked overnight on the private access
easement. No work of automobile repair or maintenance shall be
performed except within the confines of an Owner's lot. No
abandoned, inoperable, or junk vehicle may be stored on any part of
the Property. All motorized equipment including motor vehicles,
motorcycles and motorbikes, tractors, and any other motorized
equipment used on any lot must be properly equipped with mufflers
so as to reduce to the greatest degree practicable the noise of
operation. The hours of operation of any motorized equipment shall
be confined to the period of time commencing at 7 : 00 a.m. and
ending at 7 : 00 p.m. , unless the Board establishes different hours
hereafter. No bus, large commercial-type vehicle (including, but
not limited to, any dump truck, cement mixer truck, oil or gas
truck, delivery truck, back hoe, bulldozer, or semi-tractor or
trailer) shall be parked, stored or kept on the Property. No
vehicle or equipment shall be kept, parked or stored on or within
the private access easement area.
2. 13 Fires and Firearms. There shall be no exterior fires permitted
on the Property except barbecue fires contained within elements or
receptacles specifically designed for such purposes, or those fires
for which a permit has been granted by governmental authority. No
Owner shall permit any conditions on his lot which create a fire
hazard or are in violation of fire prevention regulations. No
firearms shall be discharged within the Property.
2 . 14 Towers. Masts, Antennas, and Satellite Dishes. No radio or
television antennas, masts, or towers shall be permitted which rise
(at the highest point of extension) higher than six feet (6' ) above
the uppermost point of the roof of the principal building being
served. No more than one (1) such antenna, mast, or tower shall be
6
940 92
permitted for any dwelling unit, and no such antenna, mast, or
tower shall be affixed to or serve a stable or other accessory
building. The allowance of and the placement of satellite dishes is
restricted to the discretion of the Architectural Control
Committee.
2 . 15 Outside Storage.
A. Outside storage of more than one (1) piece of farm equipment on
any lot is prohibited. No construction machinery shall be stored
outside on any lot.
B. All storage tanks for propane, must be placed indoors or below
ground and in compliance with all applicable safety standards and
regulations.
C. No gasoline, paint or any other toxic, hazardous or flammable
liquid or gas, other than propane, shall be stored on any lot in
quantities in excess of fifteen (15) gallons, unless written
approval thereof is obtained from the Board, and such storage is in
compliance with all applicable safety standards and regulations.
D. All unsightly conditions and equipment shall be enclosed within
a structure approved by the Architectural Control Committee,
including any snow removal equipment or garden or maintenance
equipment except when in actual use.
2. 16 Agricultural Use. The agricultural use of each lot shall be
limited to a produce garden and/or orchard unless proper
conservation measures are utilized to prevent blowing dust and soil
erosion. Weeds must be kept continuously cut or otherwise
continuously controlled on all grounds including grounds not used
for lawns or gardens.
2 . 17 Building Location. Unless otherwise approved by the
Architectural Control Committee, no building shall be located on
any lot nearer than twenty-five feet (25' ) to the front lot line,
nor fifteen feet (15' ) to any side lot line. No building or any
portion thereof including eaves and overhangs shall ever encroach
upon any adjacent lot.
2. 18 No Subdivision of Lots. No lot shall hereafter be subdivided.
2 . 19 Irrigation Ditch. The following restrictions apply to
Consolidated Home Supply Ditch and Reservoir Company:
(1) No livestock watering, swimming, tubing, canoeing or
other use of the ditch or water in the ditch is allows; 2) No
dumping of refuse, including but not limited to household garbage,
waste materials, grass clippings, tree and shrub prunings, motor
oil, chemicals, pesticides or herbicides is allowed; 3) No pumps
for lawn or other irrigation are allowed in the ditch; 4) No use of
the ditch easement for hiking, biking, horseback, motorcycle, off
road vehicles or other motorized or non-motorized vehicle shall be
allowed.
7
9402"'2
ARTICLE III
OWNERS ASSOCIATION
3 . 01 The Association. Each Owner of each lot within the Property
shall be a member of the Association. Status as an Owner of a lot
is the sole qualification for membership, such membership being
deemed an incident of Ownership of a lot. For purposes of this
Section, a husband and wife, or other individuals who jointly own
a lot, shall be deemed to constitute a single Owner of a lot. An
individual's membership in the Association shall commence as of the
date that he receives title to a lot and shall terminate on the
date of termination of his Ownership of a lot.
3 .02 Classes of Membership and Voting Rights. The Association shall
have two classes of voting membership. Class A members shall be the
Owners of lots except the Declarant, and each Class A membership
shall be entitled to one (1) vote for each lot owned by a Class A
member. The Class B membership shall be the Declarant, and the
Class B member shall be entitled to three (3) votes for each lot
owned by the Declarant. In the event a lot is owned by (2) or more
persons, whether by joint tenancy, tenancy in common, or otherwise,
the vote for such lot shall be exercised as the Owners thereof
shall determine but the vote attributable to such lot shall be cast
by only one (1 ) of the Owners of such lot who shall be designated
by the several Owners of such lot in writing prior to or at the
time the vote is cast. In the absence of such designation by such
Owners and until such designation is made, the Board of Directors
of the Association shall make such designation. No vote may be cast
or counted for any lot for which assessments, fees, dues, or other
monies are in default of payment at the time votes are counted.
3 .03 Board of Directors. The affairs of the Association shall be
conducted by a Board of Directors (the "Board") . The powers and
duties of the Board shall include, but not be limited to the
following:
A. To enforce all of the applicable provisions of this Declaration.
B. To maintain the Common Elements as provided in Section 4. 01.
C. To contract for and pay for the cost of providing the
maintenance functions described in Article IV out of funds
collected by the Board.
D. To levy and collect the costs of maintenance as provided in
Article IV hereof and to make or authorize the expenditures
therefrom as hereinafter described.
E. To receive and process complaints from Owners with respect to
any provisions of this Declaration.
F. To adopt such rules and regulations as the Board from time to
time may deem necessary or appropriate to carry out the provisions
of this Declaration.
G. To render such discretionary decisions as are vested in the
Board pursuant to this Declaration.
8
H. To obtain and exercise usage of water rights to the benefit of
the Association and its members, and to comply with and fully
perform any requirements related to the waters located on or
flowing on the Common Elements.
I. To impose charges for late payment of assessments, recover
reasonable attorney fees and other legal costs for collection of
assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and,
after notice and an opportunity to be heard, levy reasonable fines
for violations of the Declaration, Bylaws, and Rules and
Regulations of the Association, and to establish the rate of
interest to be assessed for all sums which may be payable to the
Association.
J. To obtain and keep in force such insurance as the Board may from
time to time deem appropriate including, but not limited to,
casualty and liability, worker's compensation, errors and omissions
coverage for officers, directors, employees and members of the
Association, insurance for indemnification of officers, directors
and members of the Association acting on behalf of and for the
benefit of the Association, and such other insurance that the Board
may deem appropriate.
K. To exercise all powers and rights granted to the Association by
the provisions of- the Colorado Common Interest Ownership Act, as
from time to time amended.
L. To take such other action or to incur such other obligations
whether or not herein expressly specified as shall be reasonably
necessary to perform the Association's obligations hereunder,
subject to the approval of the members of the Association.
3 . 04 Election of Board Members. The initial Board of Directors
shall consist of one (1) person appointed by the Declarant, who
shall serve until his or her successor(s) is elected at the first
annual meeting of the members of the Association. The number of
directors shall be three (3) and the term of each director shall be
one (1) year. Each Class A member in the Association shall have the
right to cast one vote for each vacancy to be filled on the Board
of Directors at each annual meeting. Each Class B member shall have
the right to cast three (3) votes for each vacancy to be filled on
the Board of Directors at each annual meeting. Cumulative voting
shall not be allowed. The candidate, or if more than one (1)
vacancy exists, the candidates, receiving the most votes shall be
deemed elected.
3 . 05 Meetings of the Association and Officers. The number and type
of officers, and the provisions for regular and special meetings of
the Association shall be as provided from time to time by the
Bylaws of the Association.
3 . 06 Coordination with Bylaws. Except as may be otherwise provided
herein for action of the Board regarding interest upon unpaid
assessments, the provisions of this Declaration provide the minimum
substantive terms for the enforcement of this Declaration by the
9
940;302 2
Board and the Architectural Control Committee. Further an
additional provisions for the operation of the Board and the
Architectural Control Committee may in the future be, set forth by
the Bylaws of the Association, and by appropriate resolutions or
rules and regulations adopted by the Board or the Architectural
Control Committee which supplement and further the intent and
purposes of this Declaration. In the event any conflict occurs
between the provisions of this Declaration and such Bylaws or
resolutions, then this Declaration shall control and to the extent
possible, the conflicting Bylaws, resolutions or rules and
regulations shall be construed to be effective where it promotes
the interest of the provisions of this Declaration and invalid
where in derogation of these Declarations.
3 . 07 Transfer. The membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the sale
of the Owner's lot, and then only to the purchaser of such lot. A
prohibited transfer is void and will not be reflected upon the
books and records of the Association.
3 . 08 Delegation of Use. The Board may from time to time establish
rules and regulations regarding the delegation by an Owner of
rights of use and enjoyment of the Common Elements to such Owner's
tenants or purchasers.
ARTICLE IV
MAINTENANCE, BUDGET, ASSESSMENTS
4 .01 Maintenance of Common Elements. The Association shall be
responsible for the maintenance of the private access easement
within the Property until and unless such maintenance obligation is
assumed by the County of Weld, Colorado, or by any other
governmental body. As long as the Association is responsible for
road maintenance, the Association shall take all steps necessary to
insure that the private access easement is maintained, repaired,
and improved to appropriate standards as determined by the Board.
The Association shall be responsible for providing for such snow
removal during winter months as the Board shall deem appropriate
and shall have the authority to contract for such work as
necessary.
4 . 02 Failure of Association to Maintain Common Elements. In the
event the Association shall fail to maintain the Common Elements in
a reasonable order and condition in accordance with the original
plan submitted to the Board of County Commissioners with the final
subdivision Plat for the Property, the Board of County
Commissioners for Weld County may serve written notice upon the
Association, or upon the Owners, setting forth the manner in which
the Association has failed to maintain the Common Elements in a
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days
10
Oil O 2"?
thereof, and shall state the date and place of a hearing thereon,
which shall be held within fourteen (14) days of the notice. At
such hearing, the County may modify the terms of its original
notice as to the deficiencies, and may give an extension of time
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modifications thereof are not cured
within said thirty (30) days, or any extension thereof, the County,
in order to preserve the taxable values of the Property and to
prevent the Common Elements from becoming a public nuisance and
public liability, may undertake to maintain the same for a period
of one (1) year. Before the expiration of said year, the County,
upon its initiative or upon the written request of the Association,
shall call a public hearing upon notice to the Association and to
the Owners, to be held by the Board of County Commissioners, at
which hearing such Association, or the Owners, shall show cause why
such maintenance by the County shall not, at the election of the
County, continue for a succeeding year. If the Board of County
Commissioners shall determine that the Association is ready and
able to maintain the Common Elements in a reasonable condition, the
County shall cease to maintain the Common Elements at the end of
said year. If the Board of County Commissioners shall determine
that the Association is not ready and able to maintain the Common
Elements in a reasonable condition, the County may, in its
discretion, continue to maintain said Common Elements during the
next succeeding year subject to a similar hearing and determination
in each year thereafter.
The cost of such maintenance by the County shall be paid by the
Owners in the manner set forth in Section 4 . 03 , and any unpaid
assessments shall become a tax lien upon the lot owned by a
defaulting Owner. The County shall file a notice of such lien in
the Office of the County Clerk and Recorder upon the Property
affected by such lien within the subdivision, and shall certify
such unpaid assessments to the County Treasurer for collection,
enforcement, and remittance in the manner provided by law for the
collection, enforcement, and remittance of general Property taxes.
4 . 03 Costs of Maintenance. The costs of maintenance functions
imposed on the Association pursuant to Section 4 . 01, together with
the expenses of administration and operation of the Association and
its boards and committees (including any appropriate indemnity to
members thereof) , shall be divided equally between all of the
Owners of each lot. Each Owner, by the acceptance of a conveyance
of a lot, shall be obligated to pay his share of such costs. An
Owner shall be responsible for his full share of maintenance costs
whether or not his lot is improved with a home.
4 . 04 Establishment of Maintenance Budget. The Board will establish
a maintenance and operations budget each year and shall submit such
budgets to the members of the Association for review and approval
prior to the end of each year. Notice of such budget, and meetings
for adoption shall be in accordance with the provisions of the
11
940,1°2
Colorado Common Ownership Interest Act, as from time to time
amended. The amount of each maintenance budget shall be assessed
equally against each lot in monthly installments. Should the
Association fail to approve a budget and set the amount of monthly
maintenance charges prior to the commencement of any calendar year,
the Board shall continue to levy and collect monthly maintenance
assessments at the level of the previous calendar year, plus an
increase of not more than twenty-five percent (25%) until the
Association shall adopt the current budget. Without in any way
limiting the nature and type of expenses upon which the budget may
be based, the budget may include anticipated expenses for
reasonable contingency reserve and working capital and sinking
funds, legal and other professional expenses, for casualty and
liability insurance for the Common Elements, and for errors and
omission or other insurance protection designed to provide defense
and insurance coverage to the officers of the Association in
connection with any matters arising from Association business and
the performance of the officers of the Association or related to
their status as officers.
4 . 05 Social Assessments. In addition to the monthly maintenance
charge to be assessed against each Owner pursuant to Section 4 . 04 ,
the Board may, from time to time, levy and collect special
assessments to cover extraordinary charges or expenses not
anticipated by the annual budget approved by the Association.
Unless approved by a majority of the Owners, the aggregate of all
special assessments levied in any calendar year shall-not exceed
twenty-five percent (25%) of the budgeted gross expenses of the
Association for such fiscal year. Notwithstanding the foregoing,
the costs incurred by the Association to remedy any default by an
Owner of the Owner's obligation under this Declaration, may be
assessed against such Owner without establishment of any special
assessment or other procedure, and may be collected from such Owner
in the same manner as provided in paragraph 4 . 07 and paragraph 4 . 08
below. Any charges imposed for late payment, attorney fees and
costs, and fines shall be deemed to be assessments against the
Owner's lot and recoverable and subject to the same rights and
remedies available to the Association for all other assessments.
4 .06 Accounting. All funds collected by the Association shall be
promptly deposited into a commercial bank account and/or a savings
and loan account in an institution to be selected by the Board. No
withdrawal shall be made from said account except to pay the
obligations of the Association. No later than ninety (9O) days from
the end of each calendar year the Board shall distribute to each
Owner an operating statement reflecting the income and expenditures
of the Association for the previous calendar year. The Board shall
maintain complete and accurate books and records of its income and
expenses in accordance with generally accepted accounting
principles consistently applied and shall file such tax returns and
other reports as shall be required by any governmental entity. The
books and records shall be kept at the office of the Association
12
flu n?n?
and shall be open for inspection by any Owner or by the holder of
any first deed of trust or mortgage of record at any time during
normal business hours following reasonable advance notice of the
request for inspection.
4 . 07 Creation of Lien and Foreclosure. The monthly maintenance
charge, together with any special assessment or other penalty, cost
or charges which an Owner is obligated to pay, shall be a debt of
such Owner to the Association on the date when each installment
thereof becomes due. In the event of the default of any Owner in
the payment of any installment of maintenance charges or special
assessments, such amount, and any subsequently accruing unpaid
assessments, together with interest thereon at the rate of eighteen
percent (18%) per annum, or such other rate as may hereafter from
time to time be established by the Board, and together with all
costs which may be incurred by the Association in the collection of
such amount, together with reasonable attorneys' fees shall be and
become a lien on the interest of the defaulting Owner in his lot.
The Association may, but is not required to, execute and record in
the Weld County Recorder's Office of a Notice of Assessment Default
setting forth the name of the defaulting Owner as indicated by
Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount,
and the legal description of his lot. Such lien shall attach and be
effective from the due date of the assessment, and may be enforced
by foreclosure by the Association of the defaulting Owner's
interest in the Property. The lien provided herein shall be in
favor of the Association for the benefit of all Owners who are
Association members. In any such foreclosure, the defaulting Owner
shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim
of lien, and all reasonable attorneys' fees in connection with such
foreclosure. The lien shall include and the defaulting Owner shall
also be required to pay to the Association the monthly maintenance
charge and any other assessments for the lot whose payment comes
due during the period of foreclosure, and the Association shall be
entitled to a receiver to collect the same. The Association, on
behalf of the member Owners, shall have the power to bid on the lot
at foreclosure sale and to acquire, hold, lease, mortgage, and sell
the same. Such lien provided herein shall have the priority
provided by the Colorado Common Interest Ownership Act. The
Association may, but is not required to send notice of default to
an Owner, and a copy of such notice may, but is not required to, be
mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts
due, if the Association recorded a Notice of Assessment Default,
the Association shall cause to be recorded a certificate setting
forth the satisfaction of such lien.
4. 08 Owner's Obligation for Payment of Assessments. The amounts
assessed by the Association against each lot and any interest,
costs, and attorney fees in connection with default in payment
13
940!°2
thereof, shall be the personal and individual debt of the Owner
thereof at the time the assessment is made. Each person, if more
than one (1) , composing the Owner shall be jointly and severally
liable therefore. Suit to recover a money judgment for unpaid
expenses shall be maintainable without foreclosing or waiving the
lien securing same. No Owner may exempt himself from liability for
contribution toward the common expenses by a waiver of the use or
enjoyment of the Common Elements or by abandonment of his lot.
4. 09 Statement of Assessment Status. Upon payment to the
Association of a reasonable fee, as may from time to time be
established by the Board, accompanied by the written request of the
Owner or any mortgagee or prospective Owner of a lot, the
Association shall issue a written statement setting forth the
amount of unpaid assessments and any other charges outstanding with
respect to the subject lot, and the date when the
same became due. Such statement shall also include credit for any
advanced payments of common assessments, but no credit shall be
given for any accumulated amounts for reserves or sinking funds, if
any. The statement issued by the Association shall be binding upon
the Association and its officers and each Owner in favor of persons
who rely thereon in good faith. The manner and time for providing
such statements shall be as provided by the terms of the Colorado
Common Interest Ownership Act, as from time to time amended.
4. 10 Liability upon Transfer. Any Owner who sells his or her lot
in good faith and for value shall be relieved of the obligation for
payment of assessments thereafter attributable to the lot, as of
the date of the recordation of the deed transferring such lot to
the subsequent purchaser. Except as may otherwise be provided by
the Colorado Common Interest Ownership Act, as from time to time
amended, the Owner transferring, and the purchaser of the
transferred lot, shall be jointly liable for payment of all
assessments and any related interest, costs and attorney fees
attributable to the lot accrued through the date of such
recordation, and the lien for recovery of the same shall remain in
force against such lot.
ARTICLE V
APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE
5. 01 Appointment of Committee. The Declarant has established an
Architectural Control Committee, the initial member of which is
Ivar Larson. Until all lots within the Property have been sold by
the Declarant, the Declarant shall appoint the Architectural
Control Committee, which may consist of one (1) or more persons as
determined by the Declarant At such time as the Declarant has sold
all lots, or on December 31, 2000, whichever date occurs first, the
number of members of the Architectural Control Committee shall be
established and appointed by the Board. No member of the
Architectural Control Committee shall be entitled to any
14
94WC2
compensation for services as a member of the Committee. The address
of the Architectural Control Committee shall be at the principal
office of the Association.
5. 02 Architectural Control . No building, fence, out building, or
other permanent improvements shall be erected, placed, or altered
on any lot until the construction plans and specifications and a
plan showing the location of the improvements have been approved by
the Architectural Control Committee as to quality of workmanship,
quality and type of materials, the esthetics and harmony of
exterior design with the character of the community and the
existing structures, and as to location of structures with respect
to topography and finished grade elevation, and compliance with
these covenants.
5. 03 Rules of Procedure. The Architectural Control Committee may
adopt rules and regulations from time to time establishing design
criteria not inconsistent herewith. The Architectural Control
Committee shall meet at the convenience of the members thereof as
often as necessary to transact its business. Request for approval
of design shall be made to the Committee in writing, accompanied by
two (2) complete sets of plans and specifications for any and all
proposed improvements to be constructed on any lot. Such plans
shall include plot plans showing drainage and grading plans, the
location on the lot of the building, wall, fence, or other
structure proposed to be constructed, altered, placed, or
maintained thereon, together with the proposed construction
material, color scheme for roofs and exteriors thereof,
architectural renderings, and proposed landscape plantings. The
Architectural Control Committee may require submission of
additional plans, specifications, and of samples of materials and
colors prior to approving or disapproving the proposed improvement.
Until receipt by the Architectural Control Committee of all the
required materials in connection with the proposed improvement to
the Property, the Committee may postpone review of any material
submitted for approval.
5. 04 Approval of Plans. The Architectural Control Committee shall
approve or disapprove plans, specifications, and details within
thirty (30) days from the receipt all materials requested by the
Committee and shall notify the Owner submitting them of such
approval or disapproval in writing. If all samples, plans,
specifications, and details requested by the Committee have been
submitted and are not approved or disapproved within such
thirty (30) day period they shall be deemed approved as submitted.
One set of plans and specifications and details with the approval
or disapproval of the Architectural Control Committee endorsed
thereon shall be returned to the Owner submitting them and the
other copy thereof shall be retained by the Architectural Control
Committee for its permanent file. Applicants for Architectural
Control Committee action may, but need not, be given the
opportunity to be heard in support of their application. Refusal of
15
9t0ng.2
approval of plans, location, or specifications may be based by the
Architectural Control Committee upon any reasonable grounds,
including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Architectural Control Committee
shall seem sufficient, reasonable, and not capricious. The
Committee may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Committee
may deem appropriate.
5. 05 Filincq Fees. As a means of defraying its expenses, the
Architectural Control Committee may require a reasonable filing fee
to accompany the submission of plans to it in an amount to be fixed
by the Board of Directors of the Association from time to time No
additional fees shall be required for resubmission of plans revised
in accordance with Architectural Control Committee recommendations.
5 . 06 Completion of Improvements. Any improvements approved by the
Architectural Control Committee shall be timely commenced and in no
event commenced later than one (1) year from the date of such
approval. If not commenced within such time, the approval of the
Committee shall automatically expire and the applicant must
thereafter resubmit all plans to the Committee for reconsideration.
The fact that a proposed improvement has previously been approved
by the Committee shall not require the Committee to again approve
such proposed improvement if the approval has expired pursuant to
the terms of this paragraph. Once approved improvements have been
commenced all such improvements shall be completed no later than
one (1 ) year from the date of commencement.
5.07 Inspection of Work and Notice of Completion. The members of
the Architectural Control Committee, and any agent or
representative thereof, shall have the right to inspect any
improvement to property prior to and after completion, provided
that the right of inspection shall terminate three days after the
Committee has received from the applicant a notice of completion.
5. 08 Estoppel Certificates. Upon the reasonable request of any
interested party, and after confirming any necessary facts with the
Architectural Control Committee, the Board shall furnish a
certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement
to property is made in compliance herewith. Any person without
actual notice to the contrary shall be entitled to rely on said
certificate with respect to all matters set forth therein.
5. 09 Non-Liability. No member of the Architectural Control
Committee, the Board, the Association, or any other agents, shall
be liable for any loss, damage or injury arising out of or in any
way connected with the performance of the Architectural Control
Committee. In reviewing any matter, the Architectural Control
Committee is not responsible for reviewing, nor shall its approval
of any improvement to property be deemed to be, and approval of the
16
improvement to property from the standpoint of safety, whether
structural or otherwise, or conformance with any building, zoning
or other codes or governmental laws or regulations.
ARTICLE VI
GENERAL PROVISIONS
6. 01 Term. These covenants as set forth in this Amended and
Restated Declaration are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
twenty-five (25) years from the date they are recorded after which
time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by
seventy-five percent (75%) of the then Owners of the lots has been
recorded agreeing to terminate said covenants or change them in
whole or in part.
6.02 Amendments. Except as set forth in Section 6. 03 hereof, the
Owners of seventy-five percent (75%) of the lots may at any time
modify, amend, augment, or delete any of the provisions of this
Declaration provided however that: (i) no amendment shall be
effective with respect to any person not having actual knowledge
thereof, until such time as notice of such amendment is filed for
record in the Office of the Weld County Clerk and Recorder;
(ii) no amendments may be adopted which would be inconsistent with
any condition or covenants imposed by Weld arimer County as a
condition of approval of or any matter as set forth in the recorded
Plat thereof; (iii) the Association may not be dissolved without
the prior permission of the Board of County Commissioners of Weld
County; (iv) no amendment may be adopted which affects the
obligations of the Association to comply with any mined land
reclamation plan or requirements related to water augmentation
plans; and (v) any of the following amendments to be effective must
be approved in writing by the record holders of all encumbrances on
the lots at the time of such amendment:
A. Any amendment which affects or purports to affect the
validity or priority of any encumbrance; or
B. Any amendment which would necessitate a mortgagee after it
has acquired a residential lot to pay any portion of any unpaid
assessment or assessments accruing prior to foreclosure, to the
extent the amounts would exceed the priority of such assessments
over that provided by the Colorado Common Interest Ownership Act,
as amended from time to time.
6. 03 Mortgagee Protection Clause. Except as otherwise provided by
the terms of the Colorado Common Interest Ownership Act, as amended
from time to time, with respect to the priority of the lien for
assessments, no breach of the covenants or restrictions herein
contained, nor the enforcement of any lien provided for herein,
17
Q1112O9
shall defeat or render invalid the lien of any mortgage or deed of
trust made in good faith and for value, but all of said covenants
and restrictions together with any preexisting liens for
maintenance assessments shall be binding upon and effective against
any Owner whose title is derived through foreclosure or through
trustee sale or through deed given in lieu thereof.
6. 04 Enforcement. The provisions of these covenants may be enforced
by any Owner or by the Board of Directors of the Association. In
addition to lien foreclosure, enforcement may be by proceedings at
law or in equity against any person or persons violating or
attempting to violate any of these covenants either to restrain
violation, or to recover damages, or both. All remedies provided
are cumulative, and pursuit of one shall not bar pursuit of any
other, independently, or jointly, and in any sequence.
6. 05 Severability. Invalidation of any clause, sentence, phrase, or
provision of these covenants by judgment or court order shall not
affect the validity of any other provisions of this Declaration
which shall remain in full force and effect.
6. 06 Application of Colorado Common Interest Ownership Act -
Conflicts and Provisions. The Property which is subject to this
Declaration consists of fewer than ten (10) units, and the
Declarant has not reserved rights to add additional units or real
estate, or to subdivide or withdraw units or real estate, or to
convert units to Common Elements. Declarant hereby adopts those
portions of the CCIOA which are required by Section 38-33 . 3-117,
C.R.S. , and those other provisions of the CCIOA as are referred to
in these Declarations. Further, the Declarant hereby elects to
apply the other provisions of CCIOA, but only to the extent that
they are not in conflict with any other provision of this
Declaration. Notwithstanding the provisions of 38-33 . 3-203, C.R.S. ,
if a conflict arises between the terms of this Declaration, and the
provisions of CCIOA, this Declaration shall control unless the
CCIOA specifically provides that such provisions of the CCIOA are
mandatory or not subject to the ability of the Declarant to elect
not to apply such provisions. This Declaration and the CCIOA are to
be construed and applied in such a way as to be complementary and
supplemental - to each other, and the remedies provided by this
Declaration and the CCIOA are cumulative. No conflict between this
Declaration and the CCIOA shall be deemed to exist by virtue of the
lack of any specific provision appearing in either, and a conflict
shall only arise if specific provisions of the two cannot be
reasonably reconciled. The Board shall have the power and authority
to determine and resolve any such conflicts in accordance with the
foregoing principles.
IN WITNESS WHEREOF, this Declaration has been executed by the
Declarant who is the Owner of all lands in the Property, and
18
940 "2
mortgagees holding any lien again the Pro erty, whose signatures
and identification of Ownership in ere a e set forth below.
v r W. L rson
.227
Donna M. Larson
STATE OF COLORADO
ss.
COUNTY OF LARIMER
Sworn and subscribed to before me personally by Ivar W. and
Donna M. Larson this L0ay of Y cyt, ^-4_ , 1993 .
WITNESS my hand and official seal.
My commission expires: //- :3e- 96
Notary Public
H:\CL\LARSONI\PROTECT.COV data
19
9 O;!O?
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. AA,, /
Subject Property /"lou .ITr4 ppJ Vew E rES I - 3cm-5 A Tbzno,J
OF ALg: l'{ cF 3czfiar C� , '/A)- 7, xv'. 6+a 7"/,?.
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
/2[,,GL on, day of '-Ike , l99.3. WITNESS my hand and official seal .
My Commission Expires: 12L_30 - 9.� - .
Notary Publicv
9402 2
2
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No. S-330
Subject Property - Mountain View Fstates 1 _ _being a portion of the
NE 1 /4 of Section 5, T4N, R68W of the 6th P.M.
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.
e 1 -7(?1-erAlt . ars
D9/3-114-€
na M. L rson
Ivar W. on
The foregoing instrument was subscribed and sworn to before me this
8th day of November , 1993. WITNESS my hand and official seal.
My Commission Expires: 11 -30-96 ea4^44, 'Q
Notary Public !/
940a12
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
ADDRESS, TOWN/CITY,
STATE AND ZIP CODE
Ivar W. Larson 925 N. County Line Rd. Rte . 1
Donna M. Larson Berthoud CO 80513
( tenants in common)
COLORADO DEPARTMEhe t' OF TRANSPORTATION I No/MP/Side: 60/2.802/Right
Local Jurisdiction: Larimer County
STATE HIGHWAY ACCESS PERMIT Dist/Seouon/Patrol:4/1/5
DOT Permit No.: 494001
BMW II: Al Warnock @ 667-4650 between 8-8:30 a.m./4-4:30 p.m. Permit Fee: $100
Date of Transmittal:01/05/94
THE PERMITTEE;
Ivar W. Larson and Donna M. Larson
925 County Line Road / Route 1
Berthoud, Colorado 80513
Contact Person: Richard Thornton _
Phone: 66778010
•
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. This permit may be revoked by the Issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use
of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES,Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 60, a distance of 4232 feet east
from Mile Post 2 on the east/right side.
ACCESS TO PROVIDE SERVICE TO: -
9 single-family dwellings of Mountain View Estates Subdivision by way of
Mountain View Lane, a private drive.
OTHER TERMS AND CONDITIONS:
1. THIS PERMIT SHALL REPLACE PERMIT 1493088, PRIOR PERMIT HAS BEEN VOIDED:
2: This permit is only for the use and purpose stated in the Application and Permit.
A change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of. the driveway
to .the.State.,Highway Access Code.
3. This access shall continue to exist until such time that other reasonable access to
an alternate street or other access is available.
4. Left turn movements in and out of the access(es) may be prohibited at some future
date.
5. Reconstruction or improvements to the access may be required when the permittee
has failed to meet required specifications of design or materials. If any con-
struction element fails within two years due to improper construction or material
specifications, the permittee is responsible for all repairs.
6. The existing access shall be removed. Removal shall include return of SH 60 side
slopes and borrow to match adjacent conditions, and remove all indications of prior
access.
SEE DESIGN ATTACHMENT "EXHIBIT A"
MUNICIPALITY OR COUNTY APPROVAL •
Required only when the appropriate local authority retains issuing authority. •
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed In accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify John Springer
with the Colorado Department of Transportation In Loveland at 667-4650
at least 48 hours prior to comme Ing construction within the State Highway right-of-way.
The person signi g : the per itt a must be the owner • eg.I representative oft e property served by the permitted
access and h:ve author o cept the permit and = I It's terms and onditi. .
Permittee ICI.'// %� ✓1, ..- /rI�i sa Date 1,4471
This permit Is not valid until signed by a duly authorized representative of the Department.
DEPARTM NT OF TRA ORTATION, STATE OF COLORADO
By( Date 1dr) 4- Title Development/Access Coordinator
.Region . V ( ate of issue)
COPY DISTRIBUTION: ., Raul Iks copies as necessary lor; Previous Editions ore Obsolete and will not be us.
1.Die riot(Original) Local Authority Inspector .} CDOT Form Wit
2.Applicant MTCE Petrol Traffic Engineer 94Q2t2, 7/t
The following paragraph are pertinent nights of the Slate Highway Access Code. are provided for your convenience
but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code Is available
from your local Issuing authority (local government) or the Colorado Department of Transportation (Department). When this
permit was Issued, the Issuing authority made its decision based in part on information submitted by the applicant, on the
access category which Is assigned to the highway, whet alternative access to other public roads and streets Is available, and
safety and design standards. Changes In use,or design not approved by the permit or the Issuing.authority may cause the
revocation or suspension of the permit.
I Appeals
I Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions al the request of the applicant or permittee. If
agreement is reached,the Department,with the approval of the local issuingadthnnty(ifpplfcaUle),may r€vrselhe permit
accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objections to
the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be
brought to the Commission within GO days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local Issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date'However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration. •
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall
he available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permiltee to complete the construction of the access according to the terms and conditions of
the permit. lithe permiltee wishes to use the access prior to completion,arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access, Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-or-way fence,the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire
removed are Department property and shall be turned over Ida representative of the Department.
6. A copy of the permit shall be available for review at the construction site,lt necessary,minor Changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall
not interfere with the drainage system in the right-of-way. -
8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a
permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and
at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways.This may Include the use of signs,flashers,barricades and naggers.This
Is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal Injury or property damage sustained by
reason of the exercise of the permit.
III Changes In use and violations
1. If there are changes in the use of the access,the access permit-Issuing authority must'be notified of the change.A change in
property use which makes the existing access design or use In non-conformance with the.Access Code'or the terms and
conditions of the permit,may require the reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn.
The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the Issuing authority.
IV Further Information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority.The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2. The perrnittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain In
unincorporated areas the highway drainage system,including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees,
4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild,modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30. 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code,either at
the property owner's expense it the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction� or
relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or recoos lruy�ippt8
be determined by reference to the standards set forth in the Access Code. .7 s,, t-te
P.- (H No/MP/Side: 60/2.809/RT
COLORADO DEPARTNM. . OF TRANSPORTATION JealJulisdiction: Larimer County
STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 1/4/5
DOT Permit No.: 493088
HMW II: Al Warnock (between 8-8:30 a.m./4-4:30 p.m. ) Permit Fee: $100. 00
#667-4650 Date of Transmittal: 10/2.8/93
THE PERMITTEE;
Ivar W. Larson 4Nal D9JINA M. LA2sp
925 County Line Road/Rte. 1
Berthoud, CO 80513
Contact: Richard Thornton
Phone: 667-8010
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and Baggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 60, a distance of 4,269 feet east from Mile
Post 2 on the east/right side.
ACCESS TO PROVIDE SERVICE TO:
2 existing single family dwelling and 9 additional family dwellings by a joint
private access road identified as Mountain View Lane.
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the Application and Permit. A
change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the driveway to
the State Highway Access Code.
2. This access shall continue to exist until such time that other reasonable access to
an alternate street or other access is available.
3. Left turn movements in and out of the access(es) may be prohibited at some future
date.
4. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction
element fails within two years due to improper construction or material
specifications, the permittee is responsible for all repairs.
3. All existing access (including agricultural access to west and residential access to
east) shall be removed. Removal shall include return of SH 60 side slopes and
borrow to match adjacent conditions, and remove all indications of prior accesses
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify John Sprinter
with the Colorado Department of Transportation in Loveland at 667-4650
at least 48 hours pr r to commen Ing construction within the State Highway right-of-way.
/Nei persoq ilgni gt :their) r Itte must be the owner or legal representative of the property served by the permitted
access and have u authori t ept the permit and all it's terms and conditions.
Permlttee (X l ttrr t Date j/" l- q.1
e 1'---��
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTMENT OFT ANSPORTATION, STATE OF COLORADO
By LX Date d 11T.S_ Title waeg o �5 (As*c `
(DGte of issue)
COPY DISTRIBUTION: Required; Make copies as necessary tor; Previous Editions are Obsolete and will nut be„vd
I.District(Original) Local Authority Inspector CDOT Form 1101
2.Applicant MICE Patrol Tragic Engineer ^ 7/95
3 Stall slow O`�2''2
COLORADO DEPARTMENT OF HIM 'S Issuing authority
APPLICATION FOR STATE HIGHWAY ACCESS PERMIT ' de°BI`°1lOnp"ap`°>�
-- /�`�
Pit
Instructions:
- contact the Department of Highways or your local government to determine your issuing authority.
- contact the issuing authority to determine what plans and other documents are required to be submitted with your
application.
- complete this form (some questions may not apply to you) &attach all necessary documents and submit it to the
issuing authority. Submit an application for each access requested.
- if you have any questions contact the Issuing authority. Please print or type
1) Property . andtlDonna M. Larson 2) Applicant
CDS Engineering; Richard Thornton
street925 N. County Line Rd. , Rte 1 , BerthLooet address,city,
1714 Topaz Dr. , Ste215, Loveland
state&zip Phone N state&zip P n q
CO 80513 532-3361 CO 8 6'67 0537 -8010
3) Address of property to be served by permit(if known)
4) Legal description of property:
county WELD I I subdivision block lot section township •
ORS 68 W
5) What state hlahway are you tequestIng access from? 6) What side of the highway?
S.H. NO. bu ON tXS OE OW
7) How many feet Is the proposed access from the nearest mile post or cross street?
4269 feet( N S UW )from Mile Post 2 �
8) Check here if you are requesting a t-i
O new access O temporary access It' improvement to existing access hange in access use
9) What is the approximate date you intend to begin construction?
2-1 -9
10) Do you have knowledge of any State Highway access permits serving this property,of for adjacent properties in which you have a property interest.
XX yes O no If"yes" - what are the permit number(s)? Unknown and/or, permit date unknown
11) Does the property owner own or have any interests in any adjacent property? .
O yes MI no If "yes" - please describe: •
12) Are there exist - dedi.ated public streets,roads,highways or access easements bordering or within the property?
, .yes f, o �1 If :s" - list them on your plans and Indicate the proposed and existing access points.
13) If you are =quest(/, ,. merclal or industrial access please indicate the types and number of businesses and provide the floor area square
footage of
business square footage business square footage
N/A
14) If you are regquesting agricultural field access N/A - how many acres will the access serve?
15) If you are requesting residential development access, - what Is the type(single family,apartment,townhouse)and number of units?
type number of unlls" type number of unit
Single Family (proposed) 9 ✓
16) Provide the following vehicle count estimates for vehicles that will use the access.Leaving property then returning is two counts.Indicate if
your counts are peak hour volume O or average daily volumes LX
N of passengegoars and light truck N of multi unit trucks N of oth r vehicle
77 VV ✓✓✓ negligible negligible
N of single unit vehicles in excess of 30 ft N of farm vehicles(field equipment) Total Count ofpll Vehicles
negligible negligible 901/
17) Check with the Issuing authority to determine which of the following documents are required to complete the review of your application.
(plans should be no larger than 24"-x-3&')
e) Property map indicating other access,bordering roads and streets.
et Highway and driveway plan and profile. 11 Proposed access design.
a Drainage plan showing impact to the highway right-of-way. )4) Parcel and ownership maps Including easements.
c) Map and letters detailing utility locations before and after h) Signing and striping plans.
development in end along the right-of-way. I) Traffic control plan
d) Subdivision,zoning,or development plan. )) Proof of liability insurance
If an access permit Is Issued to you It will state the terms and conditions for its use. Any changes In the use of the
permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of
the permit.
THE APPLICANT DECLARES UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER
APPLICABLE STATE OR FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND
SUBMITTED ATTACHMENTS THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE.
Applicant sign a Date
If the applicant is not the owner of the property,we require this application also to be signed by the prope y owner or
their legally authorized representative (or other acceptable written evidence). This signature shall constitute
agree t with this application by all owners-of-interest unless stated in writing. If a permit is authorized, the
propeity own r ill listed as the permittee.
Profttay wn sign° u e Date
l -.27 . 93
Pravlouze lions may Da used until supplies a esNuated '- - •—•,- DCH Form Ni
r i_!Li :1 it
EXHIBIT "A"
Name of Subdivision: Mountain View Estates 1 and 2
Filing:
Location: 3 miles east of Campion on Colorado Highway 60
Intending to be legally bound, the undersigned Applicant hereby
agrees to provide throughout this subdivision and as shown onthe
19
subdivision final plat County dated 19 in Book , Tage
recorded on the following
No . , Reception No.
improvements .
(Leave spaces blank where they do not apply) Estimated
Improvements Unit Cost Construction Cost
Street grading 32,660.00
Street base
Street paving 3,726.00
Curbs, gutters, & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply & storage 580.00
Water mains-Includes Bore •
W4111,580.00
Fire hydrants 3,240.00
Survey & street monuments & boxes
Street lighting
Street name signs 1,566.00
Fencing requirements
Landscaping
Park improvements
Road Culvert 2,700.00
Grass Lined Swale 1,868.00
Telephone 18,900.00
Gas 6,318.00
Electric 24,309.00
Water Transfer
Bus Waiting Shelter 1,042.00
SUB-TOTAL
Engineering and Supervision Costs 12,420.00
(testing, inspection, as-built plans and work in addition to
preliminary and final plat; supervision of actual construction by
contractors )
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 161 ,120.00
The above improvements shall be constructed in accordance with all
County requirements and specifications , and conformance with this
provision shall be determined solely by Weld County, or its duly
authorized agent.
Sal improv me is shall be completed according to tl:e pnstruction
sch ule p C ut in Exhibit "B" . // 2n(
Larson Donna M. La on
( In coil pia ion, to be signed by President and attested to by
Secretary, together with corporate seal . )
Date: 1 , 19 •
9
9402,0?
Jr
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING
ROAD MAINTENANCE)
DCTROVEMENTS
THIS AGREEMENT, made and entered into this day of
, by and between the County of Weld, State of
Colorado, acting through its Board
IarVAR W.ofA unty M. CommLARS0issioners ,
hereinafter called "County" ,
hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling
interest in the following described property in the County of Weld,
Colorado:
A Portion of the NE 1/4 of Section 5, T. 4N. , R. 68 W. of the 6th P.M. as
described in the attached legal description.
WHEREAS, a final subdivision/PUD plat of said property, to be
known as Mountain View Estates 1 and Mountain View Estates 2
has been submitted to the County for approval ; and
WHEREAS, 54-e.440'• 13 of the Weld County Subdivision
Regulations provides that no final plat shall be approved by the
County until the Applicant has submitted a Subdivision Improvement
Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the subdivision,
which improvements, along with a time schedule for completion, are
listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the
acceptance and approval of said final plat, the parties hereto
promise, covenant and agree as follows :
1 . 0 Engineering Services : Applicant shall furnish, at its
own expense, all engineering services in connection with
the design and construction of the subdivision
improvements listed on Exhibit "A" which is attached
hereto and made a part of this reference .
1 . 1 The required engineering services shall be
performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and
shall conform to the standards and criteria
established by the County for public improvements .
1 . 2 The required engineering services shall consist of ,
but not be limited to, surveys , designs, plans and
profiles , estimates, construction supervision, and
the submission of necessary documents to the
County.
1 . 3 Applicant shall furnish drawings and cost estimates
for roads within the subdivision to the County for
approval prior to the letting of any construction
contract. Applicant shall furnish one set of
reproducible "as-built" drawings and a final
statement of construction cost to the County.
1
940?'12
2 . 0 Rights-of-Way and Easements : Before commencing the
construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements .
3 . 0 Construction; Applicant shall furnish and install , at
its own expense, the subdivision improvements listed on
Exhibit "A: which is attached hereto and made a part
hereof by this reference, according to the construction
schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this reference .
3 . 1 Said construction shall be in strict conformance to
the plans and drawings approved by the County and
the specifications adopted by the County for such
public improvements . Whenever a subdivision is
proposed within three miles of an incorporated
community located in Weld County or located in any
adjacent county, the Applicant shall be required to
install improvements in accordance with the
requirements and standards that would exist if the
plat were developed within the corporate limits of
that community. If the incorporated community has
not adopted such requirements and standards at the
time the subdivision is proposed, the requirements
and standards of the County shall be adhered to .
If both the incorporated community an the County
have requirements and standards , those requirements
and standards that are more restrictive shall
apply.
3 . 2 Applicant shall employ, at its own expense, a
qualified testing company previously approved by
the County to perform all testing of materials or
construction that is required by the County; and
shall furnish copies of test results to the County .
3 . 3 At all times during said construction, the County
shall have the right to test and inspect or to
require testing and inspection of material and work
at Applicant ' s expense . Any material or work not
conforming to the approved plans and specifications
shall be removed and replaced to the satisfaction
of the County at Applicant ' s expense .
3 .4 The Applicant shall furnish proof that proper
arrangements have been made for the installation of
sanitary sewer or septic systems , water, gas ,
electric and telephone services .
3 . 5 Said subdivision improvements shall be completed,
according to the terms of this Agreement, within
the construction schedule appearing in Exhibit "B" .
The Board of County Commissioners , at its option,
may grant an extension of the time of completion
shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein .
4 . 0 Release of Liability: Applicant shall indemnify and
hold harmless the County from any and all liability loss
and damage county may suffer as a result of all suits ,
actions or claims of every nature and description caused
by, arising from, or on account of said design and
construction of improvements , and pay any and all
judgments rendered against the County on account of any
such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in
2
940x'.'2
defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of
the negligence of county or its officers , agents ,
employees, or otherwise except for the liability, loss ,
or damage arising from the intentional torts or the gross
negligence of the county or its employees while acting
within the scope of their employment . All contractors
and other employees engaged in construction of the
improvements shall maintain adequate workman' s
compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the
laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6 . 0 Approval of Streets by the County: Upon compliance with
the following procedures by the Applicant, streets within
a subdivision may be approved by the County as public
roads and will be maintained and repaired by a homeowners
association or, in its absence, the owners of lots within
the subdivision.
6 . 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B" , but such use and operation
shall not constitute an approval of said portions .
6 . 2 county may, at its option, issue building permits for
construction on lots for which street improvements
detailed herein have been started but not completed as
shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the
subdivision improvements in that phase of the development
is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6 . 3 Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the applicant(s ) may request in writing that
the County Engineer inspect its streets and recommend
that the Board of County Commissioners partially approve
them. Not sooner than nine months after partial
approval, the County Engineer shall , upon request by the
applicant, inspect the subject streets , and notify the
applicant(s) of any deficiencies . The County Engineer
shall reinspect the streets after notification from the
applicant(s) that any deficiencies have been corrected .
If the County Engineer finds that the streets are
constructed according to County standards, he shall
recommend full approval . Upon a receipt of a positive
unqualified recommendation from the County Engineer for
approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as
public but with private pay.
7 . 0 General Requirements for Collateral :
7 . 1 The value of all collateral submitted to Weld
County must be equivalent to 100% of the value of
the improvements as shown in this Agreement . Prior
to Final Plat approval , the applicant shall
indicated which of the five types of collateral he
prefers to be utilized to secure the improvements
subject to final approval by the Board of County
Commissioners and the execution of this Agreement .
Acceptable collateral shall be submitted and the
plat recorded within six ( 6 ) months of the Final
3
Plat approval . If acceptable collateral has not
been submitted within six ( 6 ) months then the Final
Plat approval and all preliminary approvals shall
automatically expire . An applicant may request
that the County extend the Final Plat approval
provided the cost estimates are updated and the
development plans are revised to comply with all -
current County standards , policies and regulations .
The improvements shall be completed within one ( 1 )
year after the Final Plat approval ( not one year
after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be
renewed at least thirty ( 30) days prior to its
expiration and further provides that cost estimates
for the remaining improvements are updated and
collateral is provided in the amount of 100% of the
value of the improvements remaining to be
completed . If improvements are not completed and
the agreement not renewed within these time frames ,
the County, at its discretion, may make demand on
all or a portion of the collateral and take steps
to see that the improvements are made .
7 . 2 The applicant may choose to provide for a phased
development by means of designating filings of a
Planned Unit Development Plan or Final Plat
Subdivision. The applicant would need only to
provide collateral for the improvements in each
filing as approved. The County will place
restrictions on those portions of the property that
are not covered by collateral which will prohibit
the conveyance of the property or the issuance of
building permits until collateral is provided or
until improvements are in place and approved
pursuant to the requirements for a Request for
Release of Collateral .
7 . 3 The applicant intends to develop in accordance with
Exhibits "A" and "B" .
8 . 0 Improvements Guarantee: The five types of collateral
listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners .
8 . 1 An irrevocable Letter of Credit from a Federal or
State licensed financial institution on a form
approved by Weld County. The letter of credit
shall state at least the following :
- The Letter of Credit shall be in an amount
equivalent of 100% of the total value of the
improvements as set forth in Section 6 . 0 and
exhibits "A" and "B" .
- The Letter of Credit shall provide for payment
upon demand to Weld County if the developer
has not performed the obligations specified in
the Improvements Agreement and the issuer has
been notified of such default .
The applicant may draw from the Letter of
Credit in accordance with the provisions of
this policy.
- The issuer of the Letter of Credit shall
guarantee that at all times the unreleased
portion of the Letter of Credit shall be equal
to a minimum of 100% of the estimated costs of
4
9 40 a22
completing the uncompleted portions of the
required improvements , based on inspections of
the development by the issuer. In no case
shall disbursement for a general improvement
item exceed the cost estimate in the
Improvements Agreement ( i . e . , streets , sewers ,
water mains and landscaping, etc. ) . The -
issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the
agreement and its cost estimates .
The Letter of Credit shall specify that 15% of
the total Letter of Credit amount cannot be
drawn upon and will remain available to Weld
County until released by Weld County.
The Letter of Credit shall specify that the
date of proposed expiration of the Letter of
Credit shall be either the date of release by
Weld county of the final 15% , or one year from
the date of Final Plat approval , whichever
occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall
remain in full force and effect until after
the Board has received sixty ( 60 ) days written
notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall
be sent by certified mail to the Clerk to the
Board of County Commissioners .
8 . 2 Trust Deed upon all or some of the proposed development
or other property acceptable to the Board of County
Commissioners provided that the following are submitted :
In the event property within the proposed
development is used as collateral, an appraisal is
required of the property in the proposed
development by a disinterested M.A. I . member of the
American Institute of Real Estate Appraisers
indicating that the value of the property
encumbered in its current degree of development is
sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
In the event property other than the property to be
developed has been accepted as collateral by Weld
County, then an appraisal is required of the
property by a M.A. I . member of the Institute of
Real Estate Appraisers indicating that the value of
the property encumbered in its current state of
development is sufficient to cover 100% of the cost
of the improvements as set forth in the
Improvements Agreement plus all costs of sale of
the property.
A title insurance policy insuring that the Trust
Deed creates a valid encumbrance which is senior to
all other liens and encumbrances .
A building permit hold shall be placed on the
encumbered property.
8 . 3 Escrow Agreement that provides at least the following :
The cash in escrow is at least equal to 100% of the
amount specified in the Improvements Agreement .
5
94Q,?02
- The escrow agent guarantees that the escrowed funds
will be used for improvements as specified in the
agreement and for no other purpose and will not
release any portion of such funds without prior
approval of the Board.
The escrow agent will be a Federal or State -
licensed bank or financial institution .
- If the County of Weld County determines there is a
default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release
any remaining escrowed funds to the County .
8 . 4 A surety bond given by a corporate surety authorized to
do business in the State of Colorado in an amount
equivalent to 100% of the value of the improvements as
specified in the Improvements Agreement .
8 . 5 A cash deposit made with the County equivalent to 100% of
the value of the improvements .
9 . 0 Request for Release of Collateral : Prior to release of
collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a
Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of
the project has been completed in substantial compliance
with approved plans and specifications documenting the
following :
9 . 1 The Engineer or his representative has made regular
on-site inspections during the course of
construction and the construction plans utilized
are the same as those approved by Weld County.
9 . 2 Test results must be submitted for all phases of
this project as per Colorado Department of Highway
Schedule for minimum materials sampling, testing
and inspections found in CDOH Materials Manual .
9 . 3 "As built" plans shall be submitted at the time the
letter requesting release of collateral is
submitted. The Engineer shall certify that the
project "as built" is in substantial compliance
with the plans and specifications as approved or
that any material deviations have received prior
approval from the County Engineer .
9 . 4 Thu StatemonLe of Sabi tantlai Compliance maul: Ina
accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the
appropriate utility company, special district or
town for any utilities .
9 . 5 A letter must be submitted from the appropriate
Fire Authority indicating the fire hydrants are in
place in accordance with the approved plans . The
letter shall indicate if the fire hydrants are
operational and state the results of fire flow
tests .
9 . 6 The requirements in 9 . 0 thru 9 . 5 shall be noted on
the final construction plans .
9 .7 Following the submittal of the Statement of
Substantial Compliance and recommendation of
approval of the streets by the County, the
6
940292
applicant(s) may request release of the collateral
for the project or portion of the project by the
Board. This action will be taken at a regularly
scheduled public meeting of the Board.
9 . 0 The request for release of collateral shall be
accompanied by "Warranty Collateral" in the amount
of 10% of the value of the improvements as shown in
this Agreement excluding improvements fully
accepted for maintenance by the responsible
governmental entity, special district or utility
company.
9 . 9 The warranty collateral shall be released to the
applicant upon final approval by the Board of
County Commissioners .
10 . 0 Public Sites and Open Spaces : When the Board of County
Commissioners , pursuant to a rezoning, subdivision or
planned unit development, requires the dedication,
development and/or reservation of areas or sites other
than subdivision streets and utility easements of a
character, extent and location suitable for public use
for parks , greenbelts or schools , said actions shall be
secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
10 . 1 The required acreage as may be determined according
to the Weld County Subdivision Regulations shall be
dedicated to the County or the appropriate school
district, for one of the above purposes . Any area
so dedicated shall be maintained by the County or
school district.
10 . 2 The required acreage as determined according to the
Weld County Subdivision Regulations , may be
reserved through deed restrictions as open area ,
the maintenance of which shall be a specific
obligation in the deed of each lot within the
subdivision .
10 . 3 In lieu of land, the County may require a payment
to the County in an amount equal to the market
value at the time of final plat submission of the
required acreage as determined according to the
Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account
to be expended for parks at a later date .
11 . 0 Successors and Assigns : This Agreement shall be binding
upon the heirs , executors , personal representatives ,
successors and assigns of the Applicant, and upon
recording by the County, shall be deemed a covenant
running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above
written.
7
940222
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS 0 FORM:
County Attor ey
APPLICAN APPLICANT
Iva W. .arson
BY:
(title)
Suty$ ribed and sworn to before me this l- day of .10., \,
My Commission expires :
4_ca� o Notary Public
,1
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1. Driveway shall be constructed 24 feet wide with 25 foot radii , as per
Exhibit "C".
2. Surfacing shall consist of 4 inches ABC Class 6 (as per Exhibit "C") and
shall extend from the highway travelled way to the right-of-way line.
(Specifications for surfacing materials are attached. )
3. The access shall be constructed and maintained in a manner that shall not
cause water to enter onto the roadway, and shall not interfere with the
drainage system in the right-of-way. Drainage to the State Highway right-
of-way shall not exceed the historical rate of flow.
4. The first 20 feet beyond the closest highway lane, including speed change
lanes, shall slope down and way from the highway at a 2% grade to ensure
proper drainage control of the access.
5. The horizontal axis of the access shall be at a right angle to the center-
line of the highway and extend a minimum of 40 feet beyond the outside edge
of the nearest lane.
6. An access that has a gate across it shall be designed so that the longest
vehicle using it can completely clear the travelled way when the gate is
closed.
7. The side slopes of the access approach shall be 6: 1 or flatter.
8. An adequate length of new 18-inch corrugated steel pipe shall be provided.
9. If frost is present in the sub-grade, no surfacing material shall be placed
until all frost is gone or removed.
10. Permittee is responsible for any utilities disrupted by the construction
of this access and all expenses incurred for their repair.
11. Survey markers present must be preserved in their original positions.
• Notify 350-2173 immediately upon discovery of any such markers at the site.
12. Access approaches which require a break in the right-of-way fence shall
not allow livestock to enter the highway right-of-way.
•
13. Cattle guard shall not be permitted in the State of Highway right-of-way.
14. A COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR AT
ALL TIMES DURING CONSTRUCTION. If necessary, minor changes and additions
may be ordered by the Department or local authority field inspector to
meet unanticipated site conditions.
•
•
•
•
•
•
940212
EXHIBIT "U"
Mountain View Estates 1 and 2
Name of Subdivision:
Filing:
3 miles east of Campion on Colorado Highway 60
Location:
Intending to be legally bound, the undersigned Applicant hereby
agrees to construct the improvements shown on the final subdivision
plat of dated 19 , Recorded on
Subdivision, 19 , in Rook Page No.
Reception No. , the following schedule .
All improvements shall be completed within 1 years from
the date of approval of the final plat .
Construction of the improvements listed in Exhibit "A" shall
be completed as follows :
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
20 days
Site grading Included in above
Street base
Street paving
Curbs, gutters, and culverts 5 days
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains 14 days
Fire hydrants 3 days
Survey & street monuments & boxes 5 days
Street lighting
Street name signs 2 days
Fencing requirements
Landscaping
Park improvements
Telephone
Gas 5 days
Electric 20 days
Water Transfer
Sub-Total
The County, at its option, and upon the request by the Applicant,
ma grant a 1 extension of time for completion for any pa ticular
imp oveme t shown above, upon a showing b the Applicant that the
a e s el le cannot be met .
/WC/L.— )//
Iva W. arson
( If corporation, to be signed\ by President and attested to by
Secretary, together with corporate seal . )
Date: , 19 7 V.
Revised 10/20/93
.priv&te.db
10 940222.
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940;112
LEGAL DESCRIPTION
for
MOUNTAIN VIEW ESTATES 2
Beginning at the Northeast corner of said Section 5;
Thence N90°00'00"W along the North line of said Section 5,
a distance of 811.24 feet;
Thence S02°19'00"E a distance of 1321.08 feet to the TRUE
POINT OF BEGINNING;
Thence continuing S02°19'00"E a distance of 1216. 56 feet
to the South line of the Northeast Quarter of said
Section 5;
Thence S88°45'43"W along said South line a distance of
521.55 feet to the West line of the East 12 . 50 feet of the
Northeast Quarter of said Section 5;
Thence NO2°24'30"W along said West line a distance of
1227.92 feet;
Thence N90°00'00"E a distance of 523 .86 feet to the
POINT OF BEGINNING.
Containing 14.659 acres, more or less.
9402'2
LEGAL DESCRIPTION
• for
MOUNTIAN VIEW ESTATES 1
Beginning at the Northeast corner of said Section 5;
Thence N90°00'00"W along the North line of said Section 5 a
distance of 1172. 21 feet;
Thence S02°24 '30"E a distance of 30 . 03 feet to the TRUE
POINT OF BEGINNING;
Thence, continuing S02°24 ' 30"E a distance of 1291. 14 feet;
Thence 590°00'00"E a distance of 358 . 86 feet;
Thence N02°19 '00"W a distance of 1291. 05 feet;
Thence N90°00'00"W a distance of 360. 92 feet to the POINT OF
BEGINNING.
Containing 10. 658 acres, more or less.
AR2247011. '.-- F 2134 MARY ANN FEUERSTEIN CLEh.. & RECORDER WELD CO, CO
.
WARRANTY DEED = ------ — j
ii
i THIS DEED.Made this 12th day of April .19 91, - Ya '
be"Ce° . L. & L. . Inc. , A Colorado Corporation- III
by Ivar W: Larson, President j
.
I a corporation duly organised and cutting under and by vinue of the laws of the State ..
of Colorado .grantor,and 'l1
Ivar W. Larson and Donna Ti. Larson, Tenants in Co.anon
•
•
whose legal address is • f,
925 N. County Line Road, Route 1
Berthoud, CO 80513 —
of the 'County of Latimer .Start of Colorado.grantee: j
HTiNESSETH,That the grantor.for and in consideration of the sum of (ten) 510.on DOLLARS.the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold and conveyed.and by these presents does l
• grant. bargain, sell. convey and confirm, unto the grantee. his heirs and assigns forcer. all the real progeny, together with !'I
' improvements.if any situate,lying and being in the County of WELD
• Sate of Colorado.described u follows:
A TRACT Or LAN, LOCATED IH THE CRTHTJST GU:•.gTt C.' S —:ON 5,
l TCNSNIP,L NORTH, amt.: 65 VEST 0! vs SIXTH PRIN_^_PC-)l.4 IAN, •
II, VELD COkTT T, COLORADO. DOH0RZ 7MtTICULARLT CC5CRI2I AS itt•0'-yt
II P-dx'xING AS THE NORTH.EAST CORNER Of SAID SE�.SON 5. :MLLE ALONG THE
4CHM LTN5 Or SAID SECTIONS VEST 511.74 FEET TO IC TRCS POII.T Of EEGIIC1CI
• THD:CE CCHTII.VIIM 11.0110 SAID NORTH CUE LEST 350.9T TEETI THENCE SV-711
2'24'30' EAST 1321.17 FELT' THLICE LEST 165.00 f-T HOPS OR Lv55 TO T:E
VEST LI5rr. Or DE UST 12.50 MET 02 THE LEST HALT 07 ,nE NORTHEAST CUARTER -
OF SAID SECTION 51'THENCE A1ON0 SAID NEST LIVE SOUTH 2221.'30' EAST 1227:92 rLZ rORE OR L'SS
WIRE SOUTH LIRE Of THE RORTNEAST OVARTOI OF SAID'5ECTION 5; THENCE ALONG SAID SOUTA Lilt
NORTH 55245'13' LIST 521.55 MT MORE OR LESS TO A LII,E MICH PUPS I_^.RTH 2219'r CST A.\7
PASSES THROUGH DIE TRUE P011.T OF EIGINNIIG; THENCE A1.0NC SAID LIKE NDIItT4 2'19'CO" VEST
also known by street and number as: 2537.64 171?HOPS CR 1.7.35 TO net TRUE POD.: of EITIKSING.
SAID DESCRIED Mat CONTAINS 25 ACRES MDSE OR LESS. •
( TOGETHER with all and singular to hereditamenu and appurtenances thereto belonging,or in anywise appertaining.and the
reversion and reversions.remainder and remainders,rents,issues and profits thereof,and all the estate,right,tide,interest,claim and
• !I demand whatsoever of the grantor,either in law or equity,of.in and to the above bargained premises.with the hereditaments and
appurorunees,
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the grantee,his heirs and
assign forever.And the grantor.for itself,and rat successors.does covenant.grant.bargain and agree to and with the grantee.his heirs
i j and assigns,that at the time of the ensealing and delivery of these presents.it 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 authority to grant,
bargain,sell and convey the same in manner and form as 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 soeveq except
. None
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,his heirs and assigns.against ll and every person or persons lawfully claiming the whole or any pan 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 caused its corporate name to be hereunto subscribed by its Corporate
ti President• and its corporate seal to be hereunto affixed. attested by its Corporate Secretary, the day and year first
above wai ten. :....
�. •.. .:t../:iC L. b L. , nnc.
•
�g �g.5 n &� �,�'
l� Dp 7a'AX.[5 ? By �4r`T �•J— • -
a\ Eft Ivar 14. Larson 'w"
,'•. '
O4•O••F•',et ..' STATE OF COLORADO u.
••••••••• County of Latimer
Tihelfete6oklgihsWment was acknowledged before me this 12th day of April .1991
by 4.Cat W: IIp"rson. President and as President
.agISOl `'t3a'tison as seaman/
or,' * .,.Iric. , 'A Colorado Corporation • .eorporati^^.
>f fy.}oMuthnfFyhreb =August 28, 1992 A ./ 927. gf /J
wey'ta thy DW�dm sr.'s( sal, w✓l L /ter/, lJ f f
t Or CON",
9f in Denver.insert`City and."
I
Na.405.Tu..544. wiasuniv DEED" .w..l aew.e pw.++.t.sin w W....,t.s..me.CO O'''''''—(1331 nssvo tow
940392
\II(\
yP.O. Box 1079
_ 310 MOUNTAINAvenue
B N B - c BERTHOUD.COLORADO 80513
�, s,'.Y.L `: ►,yJ� 141 ' ` • seraLr �� 303-532-2676
tri1METRO 573-1051
THE BERTHOUD NATIONAL BANK
January 10 , 1994
CAREYJ.SAIAMONSON
PEESC DENT
Weld County Planning Commissioners
915 10th Street
Greeley, Colorado 80632
Dear Planning Commissioner Members :
Re : BACON LAKE FARMS
Ivar W. and Donna M. Larson, Owners and Operators
925 North County Line Road, Route 1 ,
Berthoud , Colorado 80513
The above parties have requested that The Berthoud National
Bank issue its Irrevocable Letter of Credit as collateral for
Weld County to insure that roads and other infra-structure
are installed properly with regard to the above parties ' proposed
subdivision titled Mountain View Estates 1 and 2 . At this point
in time, the Irrevocable Letter of Credit will be equal to or less
than the budget projection of $161 , 120 . 00 .
Upon receipt and acceptance by The Berthoud National Bank
of the Letter of Credit form to be provided by Weld County,
the Letter will be issued in compliance with Paragraph 8 .1
of the Standard Improvements Agreement.
If more information is needed, please contact the undersigned
by telephone at our local number, 532-2676, or our metro number,
573-1051 .
Sincerely yours ,
J
Care. Salomonson
President
CJS/hmc
940.7/12
AGREEMENT
This Agreement (the Acreement) , is between the
CONSOLIDATED HOME SUPPLY DITCH ANC, ConDany (Ditch Company) and
RESERVOIR
/vti:-k. .L jlLCCX. *hio (Landowner) , and is upon the following
terms : DC' -/!( L1�?LCAJ
1 . Landowner is the owner of all of the property known as
the ht,2aNr4 V/ic . 1 rr_it, Z Subdivision/"RD, a copy of which is attached ___
hereto as Exhibit A (the "Subdivision") . /
2 . Landowner desires to obtain approval of the Ditch Company
for certain matters required by the [ _-..__ Count_, Colorado, .
Board of County Co:nissioners) [City of Loveland, Colorado, ] ,`t//�
relating to the conditional approval of the Subdivision . The Ditch
Company' s interests will be bene'4t- ed by the granting of its
approval through the terms and conditions of this Agreement .
Therefore the parties acknowledge that valuable consideration
exists for this Agreement among the parties . Landowner shall pay
a permit fee to the Ditch Company of $ which shall be in
addition to all other fees or charges required- to be paid by the
Landowner to the Ditch Company under the terms of this Agreement.
3 . Landowner and Landowner may own assessable share(s) of
the Ditch Company which has historically been used to irrigate for
agricultural purposes the Subdivision. Landowner shall assign the
stock certificate for the share (s) of the Ditch Company's stock to
a non-profit corporation which shall be a subdivision homeowners
association with its membership limited to owners of property
within the Subdivision. The homeowners association shall be
required to pay the annual assessment on the stock of the Ditch
Company, and the homeowners association shall have the power to
-assess its members on a proportionate basis for such assessment
with such homeowners assessment to be a lien on the property in the
Subdivision. The homeowners association shall designate one person
to be the liaison with the superintendent (ditch rider) of the
Ditch Company. The liaison shall be the sole contact with the
superintendent concerning ditch matters including, but not limited
to, orders for water, ditch maintenance, and ditch stock
assessments. The association's representative shall be legally
authorized to represent the association and its members with
respect to any matter concerning the Ditch Company, and no -
individual property owner in the Subdivision shall have any right,
title, claim or interest in, to or with the Ditch Company.
4 . This Agreement affects the property and title of the
Subdivision, and this -Agreement shall be recorded at the expense of
Landowner, and after recording, the terms, conditions and covenants
of this Agreement shall become a covenant running with the land of
the Subdivision. This Agreement shall constitute a benefit and
burden on the Subdivision and this Agreement shall be enforceable
1 •
940302
by the Ditch Company or any of its shareholders , or both the Ditch
Company and any of its shareholders .
5 . The Ditch Company has fee simple ownership of and/or a
right-of-way for its ditch, reservoir and appurtenant facilities
described on the plat attached hereto. Landowner recognizes and
confirms said ownership of the Ditch Company. Landowner agrees to
execute a warranty deed and/cr an easement in the form of Exhibit
3 attached hereto to have the Landowner confirm and convey the
property rights of the Ditch Company. The warranty deed and/or
easement shall be recorded at the expense of the Landowner along
with this Agreement.
6 . In order to -accomplish the terms and conditions of this
Agreement, the Ditch Company hereby expressly reserves an easement
over and across the Subdivision for the benefit of Ditch Company,
its designated successors , their contractors , employees,
materialmen, and assigns for the purpose of conducting therein and
thereon such work of maintenance, improvement, construction,
utility installation, development, and other reasonable activities
as the Ditch Company may deem necessary or desirable as described
in this Agreement.
7 . Landowner grants and confirms to the Ditch Company an
exclusive easement for the Ditch Company's irrigation ditch and/or
reservoir and appurtenant facilities as shown on the recorded
survey plat of the Ditch Company's system together with rights of
ingress and egress for Ditch Company purposes over and across the
Subdivision. The width of the ditch easement is 100 feet, being 50
feet on each side of the centerline, except as shown on the survey
of the Subdivision. The easement is for the maintenance,
operation, use, repair, reconstruction, replacement, -inspection and
construction of the ditch system of the Ditch Company together with
• its appurtenant facilities and includes the right to clean by
mechanical, chemical or burning the ditch system, the right to
deposit earth and other materials on the easement, the right to
change the location of the ditch within the easement or to place
the irrigation system in an enclosed pipe.
8 . The Ditch Company is granted the full right and authority
to cut, trim, remove, destroy, or modify any trees, shrubs,
grasses , structures, fences or other items within the easement or
causing a hazard within the easement. Landowner, and the
homeowners association, will not plant, place or maintain any
trees, shrubs, grasses, structures, fences or other items within
the easement, nor shall they plant, place or maintain any trees,
shrubs, grasses, structures, fences or other items in such a
manner, nor shall- they place -or-maintain fence within the easement.
Gates shall be installed in all fences so that the Ditch Company
has easy passage to its ditch and facilities . The Ditch Company
shall be provided keys for all locked gates.
2
!lA!lnnn
9 . Landowner represents and warrants that Landowner is, on
the date of execution of this Agreement, the sole owner of the
subdivision . Landowner may have lien (s) against the Subdivision,
and Landowner will obtain the written consent and acceptance of all
li=_^:holders by signature on this Agreement prior to its recording.
Failure to obtain such written consent and acceptance from all such
li=_nholders shall cause Landowner to be in default under this
Agreement.
10 . Landowner agrees that there may exist for many years
ditches carrying irrigation waste water return flow and drainage
from the irrigated fields to the Ditch Company's ditch on the
Subdivision. Landowner agrees that an easement exists for the
waste water return ditches and Landowner agrees to regularly
maintain, clean and repair the ditches on at least an annual basis
prior to the irrigation season, and Landowner agrees to install a
36 inch or larger corrugated metal pipe or galvanized metal pipe
culvert for crossings of roads or other surface uses that could
affect the operation of the Ditch Company's ditch.
11 . Landowner will maintain the existing irrigation patterns
on the Subdivision, and shall maintain the quality of water
entering the ditch from irrigation, and from runoff from
precipitation and otherwise. There shall be no change made in the
point or type of drainage into the ditch, except as provided in
this Agreement.
12 . All earthmoving or other activities on the properties
undertaken by Landowner for drainage or other purposes of whatever
kind or nature will be accomplished so that all return flow and
waste water from irrigation will return to the ditch. Landowner
will install culverts of at least 12 inches in diameter for
interior roads, now in existence or that may be established in the
future.
13 . Landowner agrees that there may have existed for many
years underground drain lines and ditches carrying water across the
properties. Landowner agrees that an easement exists for the
underground' drain lines and ditches and they agree to regularly
maintain and repair the lines and ditches on an "as needed" basis
prior to the irrigation season.
14 . In the event there is proposed or formed a _ drainage
district under federal, state or local law or requirement,
Landowner and Landowner agree to include all of the property with
the boundaries of such district.
15 . Landowner and Association will not cause, permit or
suffer any hazardous material, pollutant or other foreign material
to be deposited or discharged into the Ditch Company's ditch and/or
reservoir, or the water carried in the ditch or held in any
reservoir. The Landowner will immediately notify the appropriate
3
•
9302
governmental agencies and the Ditch Company of any potential or
actual such deposit or discharge by any person.
16 . Landowner, and Landowner' s successors and assigns, hereby
specifically waive all known or unknown claims, damages , rights of
indemnity, rights of contribution or other rights of any kind or
nature for claims, damages, actions, judgments or executions that
have arisen or may arise out of the maintenance, operation or use
cf the Ditch Company' s ditch and easement, including, but not
limited to : flooding due to overflow or breach of the Ditch
Company' s ditch and/or reservoir; washing or erosion of the ditch
bank or reservoir shore; cleaning of the ditch and easement by
burning or chemical means; and excavation of the ditch and storage
of residue. Landowner, and landowner' s successors and assigns,
hereby agree to indemnify the Ditch Company, its directors,
officers and stockholders against any loss from any claims, demands
or actions that may hereafter be brought against any of them as a
consequence of this Agreement or concerning any of the provisions
of this Agreement.
17 . In any action brought by the Ditch Company to enforce the
provisions hereof , whether legal or equitable, the Ditch Company
shall be entitled to reasonable attorneys ' fees as fixed by the
court. Venue for all actions shall be in Larimer County District
•
Court.
13 . The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision
hereof.
19 . The terms, covenants, and conditions herein contained
• shall be binding upon and inure to the benefit of the successors
and assigns of Landowner, the Ditch Company and the homeowners
association, and each of them. The provisions hereof shall
constitute covenants running with the land, burdening and
benefiting each and every part of the properties and every interest
therein. In addition, the provisions hereof shall be enforceable
in equity as equitable servitudes upon the land and as covenants in
an agreement between owners.
20. The provisions hereof shall be liberally construed to .
effectuate their purpose of creating a uniform p:!an for the
development and operation of the Subdivision. Failure to enforce
any provision hereof shall not constitute a waiver of the right to
enforce said provision or any other provision hereof. Whenever
used in this Agreement, the singular shall include the plural, the
plural the singular, and the use of any gender shall include all
genders . This Agreement shall be construed under the law of the
State of Colorado. Time is of the essence of this Agreement.
4
9403,72
It
21 . [Strike Out This Paragraph If It Is •Not Applicable]
21 . 1 . Landowner at its sole expense sha.li be
within alp the
allowed to place a ove_/ r/ og
existing irrigation canal/reservoir known as the
Landowner shall
construct at its sole expense, the stz'lctures in
accordance with the engineering /plan dated
, 19 , and is hereby incorporated
herein as though set forth in full ver tim. Landowner
shall have any affected ditch ready o arry water by May
1; and Landowner may do work on h ditch after April
30 only with the specific conseftA the Ditch Company's
Superintendent. In any eves, the ditch shall be .
available -to carry water on th date designated by the
Ditch Company Superintendent Landowner shall , during
the installation of such f `v; _ities and during all other
construction, be respo,rie e for any and all costs
incurred in connection,y! ith said project and shall
further hold the Ditc Company harmless from any
liability of whatsoeve nature whether by way of tort,
contract or statut y ien rights as a result of any act
or failure to act sed by or through the direction of
Landowner, its e;n• s or employees . Landowner' s engineer
shall certify ta ' the design, the quality of materials
used and contt• ction practices shall be at least
equivalent to e corresponding requirement established
by the United States Bureau of Reclamation and/or the
United State Department of Agriculture. Any and all
damage, inj 'ry or loss suffered by the Ditch Company as
a result of any faulty engineering, materials or
construc on in the bridge structure and appurtenant
facilities and any necessary costs for repair or
replac- ment of such reconstructed facilities shall be at •
the -ole expense of Landowner following the date of
41 com- etion of said construction and acceptance in writing
j the Ditch Company. All other charges by the Ditch
Company made under this Agreement shall be in addition to
he fee acknowledged above in this paragraph.
21. 2 . The Ditch - Company shall have the right
(but not the duty) at all times during the construction
to inspect the facilities and shall give its approval
before any pipe is covered and the structures are _
completed. The Ditch Company must give its prior
approval of the placement of said structures and of all
the appurtenances thereto.
21. 3 . Landowner agrees to provide the Ditch
Company any additional easement for the purposes of
maintenance, operation and use of the irrigation ditch,
reservoir or other Ditch Company facilities across or on
Landowner' s property, which easement shall be in addition
5
4an2f2
•
to the easements as shown on the Subdivision plat.
Landowner shall make, execute and deliver to Ditch
Company a perpetual easement over and across such lands
•
for the ditch easements on the form attached hereto as •
Exhibit "3" . Said easements shall be recorded at
Landowner' s expense, and Landowner shall furnish Ditch
Company proof of title by standard title commitment.
21 . 4 . Landowner shall promptly pay all
reasonable costs, expenses , attorney fees or other sums
incurred by the Ditch Cor:oany as a result of this
construction project and for any inspection of the
completed facilities , as well as for any conduct cf such '
Landowner, its agents , contractors , engineers , and,
employees subsequent to the date of this Agreement.
21 . 5 . Landowner agrees to undertake and perform
all maintenance of the facilities cn, over, cr under the
Ditch Company' s ditch, reservoir and/or right-of-way.
All repair and maintenance shall be done by the Landowner
in accordance with the policies and practices of the
Ditch Company; and the Landowner shall abide by the
directions of the Superintendent of the Ditch Company in
this regard. Landowner may not landscape its property
within the Ditch Company' s right of way.
21. 6. Landowner agrees that it will be
responsible for all damage, injury or other costs
incurred by any person or entity, including the Ditch
Company, proximately caused by the facilities constructed
pursuant to the terms of this Agreement, and the ditch
and/or reservoir or water carried in the ditch and/or
reservoir through the above described area. Owners and
• Association acknowledge that the ditch carries seepage,
runoff and other water from areas outside of the property
owned by Landowner. Landowner shall obtain from any
appropriate governmental authority all necessary permits
regarding drainage and other waters that may enter the
ditch.
21 . 7 . The maintenance obligations of the
Landowner set forth above shall be guaranteed by the
Landowner as follows : -
In the event the Landowner fails to properly
maintain the bridge and appurtenant facilities over the —
Ditch Company' s ditch and right-of-way as set forth
above, the Ditch Company shall have the right to so
notify the Landowner in writing. Said notice shall be
given by first class mailed at the last known address of
the Landowner. Said notice shall be deemed received
three days after deposit in the U. S. Mails. In the event
proper maintenance has not been commenced within thirty
6
•
days after receipt, or, once commenced, is not diligently
pursued until completion, the Ditch Company may undertake
to do the necessary maintenance. The actual costs ,
incurred by the Ditch Company for such maintenance shall
become liens against the Subdivision property by
recording notice thereof with the Larimer County Clerk
and Recorder. Said liens may be foreclosed in the manner
provided for foreclosure of judgment liens under the laws
of the State of Colorado. Ditch Company shall be
entitled to recover its actual costs and attorneys' fees
incurred in filing and foreclosing on any such liens .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this L// day of kjr,'ti o - , l9i' .
CONSOLIDATED HOME SUPPLY r;TTPH
AND RESERVOIR COMPANY,
a Colorado- mutual irrigation
company
By: '� zd»c
�� J.,//_�, Z ,/ Presi ent
Secretary
7 er J
.,n,)____.
Landowner I
STATE OF COLORADO )
) ss.
- COUNTY OF LARIMER )
The foregoing was acknowledged before me this 4th day of
vetttber , 1993 , by Kenneth M. Markham , as President, and
4•t .:+-!...Qelhert Helzer , as Secretary of the
, . Consol'f ated Home Supply Ditch and Reservoir Company.
I SHIRLEYWtne my hand and official seal. . /
WIEST //
171 .......:• Q• tart' Public
OF Ca
ar4;ebrInission expires: January 19 , 1997
STATE OF COLORADO )
) ss .
COUNTY OF LARIMER )
7
01.11109
The foregoing was acknowledged before me this 4th day of
November , 1993 , by Ivar W. Larson as Landowner.
Witness my hand and official seal.
?J/
Notary Public
My commission expires: August 28 , 1996
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this 4th day of
November , 1993 , by Donna M. Larson , Landowner.
Witness my hand and official seal.
N-1 n getts
otary Public
My commission expires: August 28 , 1996
8
9403?2
PRELIMINARY ROAD CONSTRUCTION COSTS:
1. MATERIALS & INSTALLATION = $30, 240.00
2 . SEED FOR DITCH = $ 1,730 . 00
3 . CULVERTS = $ 6, 600. 00
TOTAL = $38, 570. 00
9403•."2
Fl 4:O.),,;i I.. C iii 1'I " -, n^;:' t '• .':i l , • 1.:icfr 5 /001
I "t •!.. Plrll( 1 ! 1 { 111_.L'.; I LI 1 "�. I.i l 1!I I( Idl1U 1.1.! . t..il
L I 1 11 — 1 1 !, i t 1 Li
Mnrch r'
TO WHOM IT MAY CONCERN:
I will grant an easement 30 feet wide for an access road
and utilities on the west boundary of m_r property provided the
adjacent property owner provides a similar 30 foot easement on
their east boundary. This constitutes a 60 foot total access
easement which conforms to county standards.
•
The total 60 foot wide cane ent would have at center line
herLnning (111 .?11' want of the 1 .P. itt thy N.E. corner of Section 5)
T-11-N, 1.i-(,11-W, with n S 02°1.9'0011 K henrinr and dintance of •
2537.611 feet.
This easement would provide access and a location for
utilities for property owners on each side of the easement.
rJ[-7' , ,. J _:.. - -l`-
Or;y Lela/ (sn or IY/e. w.% f� GC'elc) Co.
apt: of l'�anil/�7 5,/'d ce 5
(7 (
940302
- -- ---- - ---- MAKE CHECKS PAYABLE TO
_ _ __ — __ __ .. .— - FRANCIS M. LOUSTALET
SCHECU!_
1992 TAX RECEIPT TREND COUNTY TREASURER
7 *.7-7.-- T_ PT r.: ._ 5 3 4E3
NE COP --LL ''481 4 WEL BOX e58
R a65•s'�,:
� , _ _u24 c. i3711 _c-5 . N/1_N/1_ i �J >! GREELEV. CO 80632-0458
= I ..- L ,' H
1217 . 2i . NC-SDO!:. __ PHONE. 353.3845EXT 2250
J dJ 253/ .64 TO. TRUE FOB
130 .00
_.'. - T IH�'_H i
_8C STS 532 2;vD FA 2'2 .00
z 3180 • 10
PIN R 46563S6 01st 200` JAN 0 4 1993
PARCEL 106105v'�""o+3
LARSCN: 'VAR bi & DONNA M ` n�
925 N cry LINE RD ,J zJ�
FEaTF pup Co S:IJi_. AL
AMOUNT
COLLEQED
f wlD er
Office Copies IF YOU NEED OURP CEIPT PLEASE RCE NUMBER CHECK HERE,
-_ DETACH FOR YOUR RECORDS
SCHEDULE R 4656386 COUNTY OF WELD. STATE OF COLORADO 1992 TAX NOTICE 106105000018
TAX DISTRICT ^•��+ r. DUE DATES
*:��== LEVY. • � �� � - � payable January 1 of each year.
wEL COUNTY - General property taxes are due and -
22.45 71 . 42 gECOND HALF. Delinquent after
;3C HD L DIST
S Y 163.86 FIRST HALF. Delinquent after Delinquent
t June
last day of February • ?": :-. '.. -.
SCHOOL DIET R2J 51 .52= 3. 18
,E.EFCIA WATER 1 .00 a 28.77 FULL AMOUNT.Delinquent after last day of Apr/
ERTHCpp FIRE 9.04,
50 4 .77
; ELD LIBRARY 1 . IF LOAN COMPANY IS RESPONSIBLE FOR THIS
t
TAX . RETAIN THIS BILL FOR YOUR FILES .
WITHOUT STATE AID THE SCHOOL PROPERTY
85. 53: 272 .C7O TAX MILL LEVY WOULD HAVE BEEN i, $la
ax 'ayer ogles _
•
re -
•
4 T
94032
- - B 1295 REC 02247016 04/12/91 01 >5.00 1/001
AR224701h F 2134 MARY ANN FEUERSTEIN CLE" & RECORDER WELD CO, CO
I WARRANTY DEED I--- I
THIS DEED,Made this 12th day of April . 19 91.
between , L. & L., Inc. , A Colorado Corporation.
by Ivar W: Larson, President
a corporation duly organized and existing under and by virtue of the laws of the Stale - .,
of Col o r a do ,grantor.and
Ivar W. Larson and Donna H. Larson, Tenants in Common •
I whose legal address is t '
I 925 N. County Line Road, Route 1
II Berthoud, CO 80513
!! of the y_ •-
'County
of Larimer ,State of Colorado.grantee: - " ---
I I ' WITNESSETH,That the grantor.for and in consideration of the sum of
(ten) $10.D0• DOLLARS.
the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold and con'yed,and by these presents does
grant, bargain. sell, convey and confirm, unto the grantee. his heirs and assigns former, all the real property, together with
improvements,if any,situate,lying and being in the County of WELD '
State of Colorado.described as follows: _ -
A TRACT Or LAND LOUT= IN THE ICRTrEAS. CUA3:a OF fe-'O4 5, •
I TC•NSHIP,L NORTH, RANGE 68 LEST OF THE SIXTH PRINCIPAL Y"cIDnAN, •
VELD COUATY, COLORADO, AND HOas PARTICULARLT DUCAT= AS FOLLC•Sr
PEOIN'NIDO AT THE NORTH EAST CORSER OF SAID SECTION 5, raracE ALOs;THE
IOATH LINE or SAID SECTION 5 LEST 811.26 FSET TO tie TRUE POII.? OF EE'+INNINC;
ma:CE cGNTIVVINA ALON0 SAID NORTH LINE urn 360.97 FEET; THENCE SOUTH -
,I 2'26.30• EAST 1321.17 FEE:; TENCE VEST 165.00 rat Y,CRE 0R LESS TO T,E
- • VEST LINE OF ISIE EAST 12.50 FEET OF THE VEST HALF OF T E NORTHEAST QUARTER -
OF SAID SECTION 5{-THENCE ATOM SAID WEST LINE SOLTH 2'2L'J0" EAST 1227:92 i4ET YORE CR I3S II
TO THE SOUTH LINE OF THE NORTHEAST DUAR7EB 07 SAID•SECTION 5; THENCE ALONG SAID SOUTd LIES
NORTH Ea2L5'63• EAST 5?1.55 f_r?HOPS OR LESS TO A LINE WITCH BEARS NORTH 2'191CO• VEST AND
- PASSES TROUGH THi: TRUE POINT OF =GINNING; THENCE ALONE„ SAID LINE NORTA 2'19'03' LEST t r
I, also known by street and number as:: 2537.6k ? MOPS CR ins TO THE TRUE POINT OF EEZIN]TOG.
( SAID.DESUIEW PARCEL CONTAINS'25 ACRES HOPS OR LESS.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining.and the
Bu PP B B• Yu' PPe g•
reversion and reversions,remainder and remainders.rents.issues and profits thereof.and all the estate,right,title,interest,claim and
• I demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and 1
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and
1 assigns forever.And the grantor.for itself,and its successors,does covenant.grant.bargain and agree to and with the grantee,his heirs
I I and assigns,that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,has good,
i� sum,perfect,absolute and indefeasible estate of inheritance.in law,in fee simple.and has good right,full power and authority to grant.
bargain,sell and convey the same in manner and form as aforesaid,and that the same arc free and clear from all former and other grants,
I bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except I
None
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan 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 caused its corporate name to be hereunto subscribed by its Corporate a
il President. and its corporate seal to be hereunto affixed, attested by its Corporate Secretary, the day and year first
above wri ten.
" •• d' - L. & L. . tic.
p . 2 I
) By
I tI it Ivar W. Larson
•. Oe..o R•I.• O ,2 STATE OF COLORADO ss.
^^""" v County of Larimer
The*,re{otiijnstryment was acknowledged before me this 12th day of April .19 91 ,
bq at P7: Y�ison, President and as President
yaj'cpi1O '-Ila4s on as Secretary
.of • �. ZHC. , 'A Colorado Corporation acorporation.
• My;or�,sr''i/Isjy"(n�a�yire� :August 28, 1992 A ((� 7J
I \ties my ISaird and tendril seal, 2✓dG�5- w•l �,t,Y
*If in Denver,insert"City and."
l
No.408,Rev.541. WARRANT'DEW l' Mir; B,tlbN PiW:Nmp 5125 w.oth Ave.,WrmO.COr "—1)0312334900 Itie e
9403"!2
940392
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