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Home My WebLink About940222.tiff • RESOLUTION RE: APPROVE SUBDIVISION FINAL PLAT - WILLOW SPRINGS ESTATES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of March, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Eugene and Pamela Habrock, 8374 Weld County Road 64, Windsor, Colorado 80550, for a Subdivision Final Plat on the following described real estate, to-wit: Part of the W? NW'n- and part of the El NW* of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 7 of the Weld County Subdivision Ordinance provides standards for review of said Subdivision Final Plat, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning staff and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 7.2 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 7.3.2 of the Weld County Subdivision Ordinance including specifically: a. The Subdivision Final Plat request is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate Zone District and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. b. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. 940222 CC; Pt • Iii9Bkoc< SuBD SUBDIVISION FINAL PLAT - WILLOW SPRINGS ESTATES PAGE 2 c. The proposed individual sewage disposal systems for the subdivision will be installed according to Weld County Health Department regulations. d. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirement of the proposed use. e. Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way, which aligns with Weld County Road 23 and adjoins the property to Highway 392, will provide access to the subdivision. f. Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. g. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. h. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. i. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. 3 . The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land or historical sites. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Eugene and Pamela Habrock for a Subdivision Final Plat (Willow Springs Estates) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Subdivision Final Plat: a. The Board of County Commissioners shall approve the Subdivision Improvements Agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the Subdivision Improvements Agreement. 940222 • • SUBDIVISION FINAL PLAT - WILLOW SPRINGS ESTATES PAGE 3 b. The Utility Service Statement Block on the plat shall be completed. c. The applicant shall submit subdivision covenants approved by the Weld County Attorney's Office to the Department of Planning Services. The covenants shall be ready for recording. 2. The following notes shall be placed on the Subdivision Final Plat: a. Uses permitted within the subdivision shall consist of E (Estate) uses as identified in Section 36 of the Weld County Zoning Ordinance. b. The subdivision shall be served by Weld County Road 23 south of State Highway 392 to the property. c. The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for public use. Weld County Road 23 south of State Highway 392 and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. d. North Weld County Water District shall provide domestic water to the subdivision. e. Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. f. The proper permits shall be obtained from the Department of the Army Corps of Engineers, should any activity require the placement of temporary or permanent dredged fill material into the wetlands (Lots 5, 6, 7) on the site. g. The rear offset for Lots 5, 6, and 7 shall be 200 feet. h. The lot owners shall not corral or keep pets/animals in the designated wetland areas of Lots 5, 6, and 7. i. Passive radon mitigation shall be incorporated into the design of all dwellings in the subdivision. Evidence shall be submitted at the time of application for building permits. 940222 SUBDIVISION FINAL PLAT - WILLOW SPRINGS ESTATES PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D. , 1994. Adilleta? BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board EX ED ATE OF SIGNING (AYE) �� Q� `l �^ , n 1a11 bster, Chairman BY: �J/LC�C.e ' / / GLf�Deputy r5rk to the Board Dale , Pr(g Temm(// APPROVED AS TO FORM: /i C< iCJ R r eorge�E. Baxter � EXCUSED County Attorney Constance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 940222 • • HEARING CERTIFICATION DOCKET NO. 94-17 RE: SUBDIVISION FINAL PLAT - WILLOW SPRINGS ESTATES A public hearing was conducted on March 2, 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 - EXCUSED Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated February 2, 1994, and duly published February 17, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Eugene L. and Pamela A. Habrock for a Subdivision Final Plat for Willow Springs Estates. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of staff into the record as written and stated this matter was not heard before the Planning Commission since staff determined it substantially conforms to the Preliminary Plan which was approved on November 3, 1993. In response to Commissioner Kirkmeyer, Mr. Morrison stated it is not normal procedure for the County to approve covenants for a subdivision; however, when maintenance of roads and common areas require collection of funds from homeowners, the County Attorney reviews covenants to assure the funds will be properly collected and spent. In this instance, the covenants specifically allow the County to collect the funds if the Homeowners' Association fails to do so. Mr. Morrison stated the covenants are more than adequate for the County's purpose, as is the Private Road Maintenance Agreement which he has reviewed. Responding to Commissioner Kirkmeyer, Gene Habrock, applicant, stated he agrees with the Conditions as written. Commissioner Kirkmeyer questioned whether it is appropriate to record a Condition on the plat concerning school bus pickup for children which could be changed at the discretion of the Windsor School Board. Ms. Dunn stated a letter was received from the Windsor School District during the preliminary plan phase asking that property owners be notified that the school bus will not be travelling into the subdivision to pick up children. Mr. Morrison suggested the following be added to said Condition of Approval, "unless otherwise established by the Windsor School District with notification to the Department of Planning Services." Commissioner Hall suggested said Condition be included as a covenant instead of recording it on the plat, and discussion ensued concerning this matter. Henry Stromberger, Jr. , surrounding property owner, stated his concerns regarding traffic at the intersection of Highway 392 and Weld County Road 23, as well as water runoff. Ms. Dunn responded to Commissioner Hall that the State verbally verified a permit was issued for access onto Highway 392. Mr. Habrock pointed out the reconstruction and improvements on Weld County Road 23 will help, not hinder, traffic. He also responded to the questions regarding water runoff and stated there is a retention pond planned to control floodwaters. He explained a second small pond may be added at the entrance for the purpose of fire protection. After further discussion, Commissioner Hall moved to approve the request of Eugene L. and Pamela A. Habrock for a Subdivision Final Plat for Willow Springs, based on the recommendation of the Planning staff, with the Conditions of Approval as entered into the record, 940222 CC ; PL RE: HEARING CERTIFICATION - HABROCK PAGE 2 excluding the Condition concerning school bus stops. The motion was seconded by Commissioner Baxter, and it carried unanimously. Mr. Morrison requested approval of the Improvements Agreement for Private Road Maintenance, which allows for over $300, 000 in construction costs and includes an estimated completion date of October 1, 1994. He stated he has reviewed said agreement as to form, and the County Engineer has reviewed it as to costs. Mr. Morrison clarified that the collateral has not been accepted and the Board will take action on that at a later date. There was no public testimony offered concerning this matter. Commissioner Kirkmeyer moved to approve the Improvements Agreement for Private Road Maintenance, and Commissioner Baxter seconded the motion. At the request of the applicant, Ms. Dunn indicated the name on all records be changed to Willow Springs Estates instead of Willow Springs, due to a duplication of the name within the State. Commissioners Kirkmeyer and Baxter agreed to include said change of name in the motion, which carried unanimously. This Certification was approved on the 7th day of March, 1994. APPROVED: ATTEST: ilytilikdoin BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board { ( /// n � ^ n EXDA 1�E 0 A AL By: ( K / I IC�l //LJ . Webster, C ai Deputy C rk to the Board Dale . Ha , Pro-T m TAPE #94-10 \Lat1 eorg9E. Baxter �J DOCKET #94-17 EXCUSED Constance L. Harbert SUBD EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer 940222 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 2nd DAY OF MARCH 1994: DOCKET P 94-17 -- FINAL PLAT SUBDIVISION (WILLOW SPRINGS) , HABROCK DOCKET P 94-25 -- SHOW CAUSE HEARING, GATES DOCKET N 93-40 -- SHOW CAUSE HEARING, OAKLEY DOCKET # PLEASE write or print your name legibly, your address and the DOCKET (/ (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING (pc O7,ir ; -12? 7 ej-t (7 O rjol 941-.2- 940222 DATE: March 2, 1994 CASE NUMBER: S-352 NAME: Eugene L. and Pamela A. Habrock ADDRESS: 8374 Weld County Road 64, Windsor, CO 80550 REQUEST: Subdivision Final Plat for 20 lots LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of ..Seation, 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles east of the Town of Windsor; south of and adjacent to State Highway 392 and east of and adjacent to - Weld Cdunty_ 1 Road 23. = L.) THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.2 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 7.3.2 of the Weld County Subdivision Ordinance as follows: The Subdivision Final Plat request is consistent with the Weld County Comprehensive Plan and is compatible with the future development of the surrounding area as permitted by the existing Estate zone district and plans of affected municipalities. Weld County Comprehensive Plan Agricultural, Residential, and Urban Growth Boundary Goals and Policies allow for the conversion of agricultural land to residential use within an Urban Growth Boundary in accordance with the plans of affected municipalities. The Town of Windsor has reviewed the proposal and found no conflict with its interests. North Weld County Water District has stated that a water supply to the site that is sufficient in quantity, dependability, and quality, including fire protection, can be made available to the subdivision. The proposed individual sewage disposal systems for the subdivision will be installed according to Weld County Health Department regulations. Streets within the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic retjuirement of the proposed use. Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. State Highway 392 and an access right-of-way, which aligns with Weld County Road 23 and adjoins the property to Highway 392, will provide access to the subdivision. 940222 f'X.fJ! RECOMMENDATION, S-352 Eugene and Pamela Habrock Page 2 Drainage and stormwater management within the subdivision have been addressed by the applicant and approved by the Weld County Engineering Department. The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, or other services. The Weld County Sheriff's Department and Windsor/Severance Fire Protection District have reviewed the proposal and have no objections. The subdivision will not cause air pollution violations based on Colorado Department of Health standards. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. The subdivision will not have an undue adverse effect on wildlife and its habitat, the preservation of agricultural land or historical sites. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the Subdivision Final plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The Utility Service Statement block on the plat shall be completed. The applicant shall submit subdivision covenants approved by the Weld County Attorney's Office to the Department of Planning Services. The covenants shall be ready for recording. 2. The following notes shall be placed on the Subdivision Final plat: Uses permitted within the subdivision shall consist of E (Estate) uses as identified in Section 36 of the Weld County Zoning Ordinance. The subdivision shall be served by Weld County Road 23 south of State Highway 392 to the property. 940222 RECOMMENDATION, S-352 Eugene and Pamela Habrock Page 3 The subdivision access right-of-way and interior streets shall be built to Weld County standards and dedicated for public use. Weld County Road 23 south of State Highway 392 and all streets within the subdivision shall be maintained by the homeowners association, lot owners, and/or developer. North Weld County Water District shall provide domestic water to the subdivision. Sewer service shall be provided by individual septic design systems approved by the Weld County Health Department. The proper permits shall be obtained from the Department of the Army Corps of Engineers, should any activity require the placement of temporary or permanent dredged fill material into the wetlands (Lots 5, 6, 7) on the site. The rear offset for Lots 5, 6, and 7 shall be 200 feet. The lot owners shall not corral or keep pets/animals in the designated wetland areas of Lots 5, 6, and 7. School bus pickup for children shall be on the south side of State Highway 392 at the intersection of Weld County Road 23 near the entrance to Willow Springs Subdivision. Passive radon mitigation shall be incorporated into the design of all dwellings in the subdivision. Evidence shall be submitted at the time of application for building permits. 940222 ADDITIONAL COMMENTS Eugene L. and Pamela Habrock S-352 In correspondence dated February 9, 1994, the Town of Severance responded that the proposal is not compatible with its interests. Concerns about converting agricultural ground to urban uses and additional traffic on State Highway 392 were cited as reasons for this response. 940222 • NOT I C E Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Final Plat Subdivision are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 94-17 APPLICANT: Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, Colorado 80550 DATE: March 2, 1994 TIME: 10:00 a.m. REQUEST: Final Plat Subdivision - Willow Springs LEGAL DESCRIPTION: Part of the Ws NWs and part of the Es NW! of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller, Deputy DATED: February 2, 1994 PUBLISHED: February 17, 1994, in the Windsor Beacon 9'10222 gichibt-/- Ka Pursuant to the laws of the State of Colorado • and the Weld County • Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County,Colorado,Weld County Centennial Center,915 10th Street, First Floor, Greeley, AFFIDAVIT OF PUBLICATION Colorado, at the time specified. All persons in any manner interested STATE OF COLORADO In the following proposed Final Plat COUNTY OF WELD Subdivision are requested to attend and may be heard. I, ROGER A. LIPKER, at said County of Weld, being duly Should the applicant or sworn,say that 1 am publisher of any interested patty desire the presence of• noun reporter to make a WINDSOR BEACON record of the proceedings,In addition to the taped record a weekly newspaper having a general circulation in said which WI be kept during County and State, published In the town of WINDSOR, in the hearing,the Clerk to said County and State; and that the notice, of which the bee ed'wlseedeinn writin Office shall g g oo annexed is a true copy, has been published in said weekly such action at bast We for / successive weeks, that the notice was days prior to the hearing. The cost o published in the regular and entire issue of every number of engaging ■ cour the paper during the period and time of publication, and in reporter shill be borne newspaper theproper and not in a supplement, and that Mtlsrequesdngparty. P PP BE R ALSO KNO the first publication of said notice was in said paper bearing that the text and m he ate of the // �•/ s County by the ennin day of i.44,9 A.D., 19 IL and the Commission may last publication bearing the date of the examined In the•fgge _day of , AD., 19 and that the Clerk to the Board the said WINDSOR BEACON has been published Coat in the lei continuously and uninterruptedly for the period of 5 located in the w•i P Y County centenni — consecutive weeks, in said County and State, prior to the Center,915 10th date of first publication of said notice, and the same is a Third Floor,Greeley Colorado. newspaper within the meaning of an Act to regulate printing DOCKET No 9417 of legal notices and advertisements, approved May 18, 1931,and all prior acts so far as in force. ' _ APPLICANT:Eutqgernt L and ViWd A.County 9974 Weld County 64,Windsor,Colored 60650 ISHER DATE: March 2,1994 0 TIME 10:00 a.m. Subscribed sworn to 9f me this 7kfl day of 2;4443 REQUEST: Final Plllo !)-1 Subdivision S Wlllo 4 / O/L24*(.4%0 A O� LEGAL DESCRIPT NOTARY PUBLIC Part of the W 1/2 N ^^ p 1/4 and pan ,,J of the E 1 My commission expires q Z / /I6 NW 1/4 of Section 2 / / Township 6 Nort Range 67 West of th 6th P.M.,Weld Coun ,' Colorado 'IIL O C A T I O N Approximately 1 3/ miles east of the Tow of Windsor; south f State Highway 392 east of Weld Count Road 23 BOARD OF COU COMMISSIONER WELD COUNT 4 COLORADO 1 BY: DONALD WARDEN, WEL . COUNTY,CLERK T THE BOARD BY: Shelly K. Miller, Depuq Published In 14 910222 Windsor Beaton nn Febnan 17.1904. I N • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-17, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this / day of \,[S/L[,(SA,,�� , 1994. Deputy Cle to the Board J EUGENE L. AND PAMELA A. HABROCK ART AND PAT FABRIZIUS 8374 WELD COUNTY ROAD 64 13037 WCR 80 WINDSOR, CO 80550 AULT, CO 80610 CHARLES AND CLARA COLLOPY DENNIS AND DEEANN BEAMAN 2118 COUNTRY CLUB COVE 11092 HIGHWAY 392 FOR COLLINS, CO 80524 WINDSOR, CO 80550 HOWARD AND ASSOCIATES, LTD. 518 17TH STREET, SUITE 640 DENVER, CO 80202 HENRY STROMBERGER, JR. 11095 HIGHWAY 392 WINDSOR, CO 80550 FREIDA STROMBERGER 10595 HIGHWAY 392 WINDSOR, CO 80550 ROBERT AND OLGA LORENZ 4945 GRAY STREET DENVER, CO 80234 TIMOTHY AND LANA STUTZMAN 2107 50TH AVENUE GREELEY, CO 80634 LEE W. DETTERER 31815 WELD COUNTY ROAD 66 GREELEY, CO 80631 JOSEPH AND JUDY SANDOVAL 11492 HIGHWAY 392 WINDSOR, CO 80550 BOYD AND ALLISON MEYER P.O. BOX 96 JOHNSTOWN, CO 80534 9.10222 SNAL PLAT SUBDIVISION APPLICATA" Department of Planning Services - Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, Colorado Phone: 353-3845, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. 5 352-- APPLICATION FEE Lt I 5.°° ZONING DISTRICT E RECEIPT NO. (q�� DATE RECORDING FEE APPLICATION CHECKED BY G-D RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required Signatures) I (we) , the undersigned, hereby request a hearing before the Wel ng Commission concerning proposed subdivision of the following describ sra e a of Weld County. 0 - �99� LEGAL DESCRIPTION: Part of the W ₹ of the NWµ and part of the E N2W at% of Section 24, T 6 N, R 67 W of the 6th PM. , Weld nt ,NQ18 Colorado. (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED SUBDIVISION Willow Springs EXISTING ZONING FSTATF NO. OF PROPOSED LOTS 20 TOTAL AREA (ACRES) 110 LOT SIZE: AVERAGE 4 MINIMUM 2.5 UTILITY COMPANIES: WATER North Weld County Water District SEWER Private nn site Septic, GAS Public Servl ce Cnm� ny of Colorado ELECTRIC Public Service Company of Colorado PHONE U. S. West DISTRICTS: SCHOOL Windsor School District RE-4 FIRE Windsor - Severance Fire Protection District FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Eugene L. and Pamela A. Hahrnrk PHONE (303) 686-2519 ADDRESS 8374 WCR 64, Windsor, Colorado 80550 NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME JAN 9 8 1994 ADDRESS HOME TELEPHONE # BUSINESS TELEPHONE # low urnap Q� pipfl I hereby depose and state under the penalties of perjury that all statements proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) Signature: Owner or Auth • 24 Subscribed and sworn to before me this //7 day of �1 • NOTARY PUBLIC U B . ;o a r:P4r My commission expires 4 -P 25 1Q (, y .,y�, .... .CDC -wain«„n 910222 Ek k b-( -A- II�� ((�� EXHIBIT INVENTORY CONTROL SHEET Case &(.41l1. �, h nQ t�P �A�ok� U� y ¢, CLnu� Exhibit Submitted By� QtaExhibit Description `A A. PQ-a-tu+;ciw�,`t }"pxv �` �x&Q t SIt bdiu x 1Jpp B. l X� 40 EaLULGQ `not-Liu j le t c. D. %KI/`//, E. F. G. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 910222 14 82:`,0)=7,-.7-n 'v 9 1 • °•u f33 191 ° j, OI t [' ° 1 i�.f� �� i t ,,r� Il: I I / • R• D / a° _isi .. er.i III , ' TTT I I • P'. s a\ r T7N. .. • . it.:.L. —V._ a. I• _. 0. ._ici_ 1. 41 % •J.mrr Leb I ee 1 ., Packard 4 76 '' • r— sum _'%._ ,,....' '\- _ ; ni _ _ __ _ Igbt I w, e. 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'1 W 'Jyik}..t 3i ,. 4 be, rr •2 4}r• i { en, l •A X t{ • 017 '�'4 .. Y,.G 3 W.. tit, y' k 3 b1t d i4' .5+y4� s' x '' ti Z .. �. • .,y LL ,,,, 1., • • FIELD CHECK FILING NUMBER: S-345 DATE OF INSPECTION: September 15, 1993 APPLICANT'S NAME: Eugene and Pamela Habrock REQUEST: Subdivision - Preliminary Plan. LEGAL DESCRIPTION: Part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 3/4 miles east of Windsor, south of Highway 392 and east of Weld County Road 23. LAND USE: N Greeley Canal #2, 2 residences, State Highway 392, agricultural production E Agricultural production, residence, Greeley Canal #2 S Agricultural production W Agricultural production, Greeley Canal #2 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The existing access is from State Highway 392 along a private road which aligns with Weld County Road 23. Greeley #2 Canal runs east-west along the northern boundary of the site. Uses of the property include agricultural production and vacant agricultural ground on the southwest corner (designated on plat as wetlands area) . &LLcc l — Glor a D nn Curre Planner 940222 0O-i-Ht:It° 4 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140Will O GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 940272 . REFERRAL LIST • NAME: Eugene L. and Pamela A. Habrock CASE NUMBER: S-352 REFERRALS SENT: February 1, 1994 REFERRALS TO BE RECEIVED BY: February 14, 1994 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department Brighton _Extension Service _Broomfield Emergency Management Office _Dacono X Sheriff's Office _Eaton X Engineering _Erie Housing Authority _ _ Evans _Airport Authority ____Firestone Building Inspection _Fort Lupton ____Frederick STATE _Garden City Division of Water Resources ____Gilcrest X Geological Survey ____Greeley _Department of Health ____Grover X Department of Transportation _Hudson Historical Society _Johnstown _Water Conservation Board _Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead _ Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce ----Hudson F-7 Platteville Johnstown F-8 X Severance _ La Salle F-9 Thornton _Mountain View F-10 X Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 _ _Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers X Windsor/Severance F-17 ____USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 ____Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins _ _Tri-Area Planning Commission X Greeley X Windsor School District RE-4 _Longmont X Storm Lake Drainage District ____ West Adams c/o Tim Stutzman 2107 50th Avenue COMMISSION/BOARD MEMBER Greeley, CO 80634 ____ 0nn• FEB 7 '94 16: 53 FROM USDA PAGE . 002 • • WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th Street Road Greeley 3) 3350 06 80634 (M .3) February 4, 1994 Gloria Dunn, Current Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17t Avenue Greeley, CO 80631 Gloria: The West Greeley Soil Conservation District has finished its review of the final plat of the Habrock subdivision, case 8-352. We feel compelled to voice several concerns with the project. They are as follows: 1. The proximity of the northern lots in the project to the Centerline Greeley Canal. The canal must have enough area around it to allow proper access for cleaning and maintenance to allow adequate flow for the farms lying below the subdivision. The increased population of the area might also cause increased damage to the banks of the canal, resulting in more erosion. We also question whether the septic systems in these lots will function properly when the ditch is running, as the lots lay below the ditch. 2. The intrusion of lots 5, 6, and 7 into the wetlands in the south west corner may create problems in the future. The corralling of animals on the seepy soil may cause damage to the wet area. 3. The number of animals per acre will create a dry lot situation on most of these lots in a short time. We are concerned about the probability of erosion if this were to occur. 4. This subdivision will inundate prime farmland. We question the need when other less productive areas are available. 5. This subdivision is surrounded by agricultural land. The potential residents may not understand farming practices and may create needless hardships for the adjacent landowners. Sincerely, Michael CShay District Manager 940222 FEB 7 ' 94 16:53 FROM USDA PAGE . 004 artiThcirw, 41 • DEPARTMENT OF PLANNING SERVICES T PHONE(308)353-3345, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES I II le 1400 TA AVENUE 631 OREELEY,COLORADO COLORADO January 11, 1994 CASE NUMBER: Z-486 TO WHOM IT MAY CONCERN: Enclosed is an application from William E. Franz, Jr. for a Change of Zone from A (Agricultural) to E (Estate), The parcel of land is described as part of the NW4 of Section 14, T7N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile southwest of the Town of Ault, south of State Highway 14 and east of Weld County Road 33. 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 January 31, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, , Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please a refer to the enclosed letter. � A Signed: Set `f T` sLLM-P b Agency; `W-u ) 1# (.� `° Date:_ ` W.kjt 7J 1994 ** TOTAL PAGE. 004 ** 940222 fEt M CORPS OF ENGINEERS,OMAHA DISTRICTcrige 't W � ^ TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 I. 50" °vo T.11 LITTLETON,COLORADO 80123-6901 a,'_""' AR `w a/•° February 8, 1994 • ',ir, urPM REPLY TO �trir5AUn‘‘ ATTENTION OF c. Ms. Gloria Dunn Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Reference is made to the application from Eugene L. and Pamela A. Habrock for a Subdivision located in Section 24, Township 6 North, Range 67 West, Weld County, Colorado. If any work associated with this project requires the excavation in or placement of dredged or fill material, either temporary or permanent, into wetlands at this location, this office should be contacted for proper Department of the Army permits pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199480078. Sincerely, Ti Projec fth 7 17re 11 RNM1a Panty Planning rtz..... • • DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE tt I FEB 0 1 1994 GREELEY, COLORADO 80631 ik COLORADO e.,,,.,«,n nning mfn9 �'+� February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it cAl doe does not comply yith our Comprehensive/ Plan for the following 47- 14,(227asons. .ne Sena �t" Inv tic „Ole I: `'rc 1y1rdaT /oceTo.'-�c V- 40,2_720^.., ore4,A, 77.0,..,'o..., /2.9.^26r/ d" air/ 4vo 4A17, 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: ;YYto'' V Agency: 771,7✓ dSOv c:/'e' Dr 1 L Dater —/-9� . +� / �;t U AP 4-012 2��'2 I Y • • February 16, 1994 FILE: 93-023 Windsor Severance Fire Department 728 Main Street,Box 308 Windsor, Colorado 80550 ATTENTION: Bob Winter Dear Bob: We were contacted by Gene Habrock,owner/developer of the proposed Willow Springs Subdivision,located just east of Windsor, Colorado. He informed me of some concerns the Windsor Severance Fire Department has on this development regarding the fire prevention appurtenances; in particular,the dry hydrant detail and storage pond volume. Our source for the dry hydrant detail comes from the Denver Water Board Manual for Urban and Rural Firefighting. The pond,as illustrated by our grading plan(attached),has the storage capacity of 16,478 cubic feet equal to 123,255 gallons. He indicated you were requiring a minimum of 30,000 gallons. Please see our storage pond calculations enclosed as part of this response. The pond is oversized as Gene wanted to expand this pond beyond the required fire protection storage capacity to provide a visual amenity to the entrance of the project. The side slopes will be a maximum of 4:1 slope and will be seeded and maintained by the Homeowners `Association. We have included our detail (also on the construction drawings)of the dry hydrant. We will be using a strainer on the suction end of the 6-inch line. We have also included the hole pattern for the strainer as well as our calculations used to arrive at this pattern. We tried to make this system as simple as possible to manufacture and construct on site. We hope this additional information is sufficient for the completion of your review and subsequent approval of Willow Springs Subdivision. Should you require any additional information or would like to discuss this further,please do not hesitate to contact our office. Sincerely, c o C IVE Rick R. Pickard,P. E. FEB 2 2 1994 The Engineering Co. 'Ueda°rouMv Planning b. loria D ' eld County Planning Department • Enclosures The Engineering Cu. 2310 Ens(, Prosper( FL Collins. CO 1101,2r Phone (303)§4tit22 • • DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES e 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. X We do not have a Comprehensive Plan, but we feel this request 44, yL6•h- (is/is not) compatible with the interests of our town for the following reasons: (2 m , osu 11' SIA1-/1� 1L+A.-sn.i L QQ.1J ,F Y, .Gc (. o,�. 902. 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. Si ned: X Ia/ LCpa Agency: TOWN OF SEVERANCE g P.O. BvX i2z Date: c2/9%/ SEVERANCE, COLORADO 80546 PEB 1 1 1994 340222 issio rani Planning DEPARTMENT OF PLANNING SERVICES 0� llfWa W PHONEMIiNI TRATIV OFEXT CES �I �V( ELD COUNTY ADMINISTRATIVE OFFICES ilk. 1‘71:16 • • 1400 N. 17TH AVENUE C 1._ FEB I99a GREELEY, COLORADO 80631 • .. COLORADO -mom'rv'ty Planning February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. �We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Ple re o the enclosed letter. Signed: Agency: S gFi FP • Date: 94022 411 • rifig' °� if 4' FEB 09� 94 EPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 1 WOO WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE C RECEIVED GREELEY, COLORADO80631 �. JAN 31 994 COLORADO February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does. not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. t Signed: I�( l�rI1 Agency: Q,(f jy 1 04/14( N Date: ()q- '7 y 940222 • • DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140I ikEY, ON ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:�ii� Q � GC�gency:cm, U z_n Date:/ / �3/ / 11 FEB 09 994 •ID D F PLANNING SERVICES I 1994 DEPARTMENT O PHONE(303)353.3845, EXT. 3540 1 FEB 3 7 WELD COUNTY ADMINISTRATIVE OFFICES 11 I C 1400 N. 17TH AVENUE \.upmemmtv Planning GREELEY, COLORADO 80631 COLORADO `FEB 21994 February 1, 1994 CASE NUMBER: S-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please re r to the enclosed letter. Signed: Agency: ///121.01 - 1140-e,Jr( Date: 2 —L— g (7/ 940222 • D4gT ;. 11 FEB 4 1994 i NOTICE "nh "^"-*,°iannirp Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Final Plat Subdivision are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET. NO. 94-17 APPLICANT: Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, Colorado 80550 DATE: March 2, 1994 TIME: 10:00 a.m. REQUEST: Final Plat Subdivision - Willow Springs LEGAL DESCRIPTION: Part of the Wi NW! and part of the E; NW! of Section 24, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 3/4 miles east of the Town of Windsor; south of State Highway 392 and east of Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller, Deputy DATED: February 2, 1994 PUBLISHED: February 17, 1994, in the Windsor Beacon 94022: • • THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # S- 3 S &. THE SIGN WAS POSTED BY: 0 NAM F PERSON POSTI SIGN RE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS /7 DAY OF .Lj , 19 SEAL 0z .o � � NOTARY PUBLIC MY COMMISSION EXPIRES /5l 19 ?LSD LAST DAY TO POST SIGN IS: f4elf. ,/S / t7tr. , 19 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 940222 ( i • Pi° it. DEPARTMENT OF PLANNING SERVICES liD PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 1, 1994 Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, CO 80550 Subject: S-352 - Request for approval of a Subdivision Final Plat on a parcel of land described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Habrock: Your application and related materials for the request described above are complete and in order at the present time. The Clerk to the Board of County Commissioners will be scheduling a meeting to consider this proposal. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, February 10, 1994 at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Windsor and Severance Planning Commissions for their review and comments. Please call Janet Carpenter, at 686-7476 and Gene Rider, at 686-1218 for information regarding the dates, times and places of these meetings and the review processes. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way,. the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 910222 • Eugene L. and Pamela A. Habrock S-352 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, � lo, ia Dunn Current Planner 940222 i DEPARTMENT OF PLANNING SERVICES y PHONE(303)353-3645, EXT. 3540 memr-A rn arselP1P•�� WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. RA AVENUE GREELEY, COLORADO 80631 • I FEB 01,J994] COLORADO r l _ .- WELD CO. HEALTH DEPT. February 1, 1994 CASE NUMBER: 5-352 TO WHOM IT MAY CONCERN: Enclosed is an application from Eugene L. and Pamela A. Habrock for a Subdivision Final Plat. The parcel of land is described as part of the W2 NW4 and part of the E2 NW4 of Section 24, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 3/4 miles east of Windsor, south of and adjacent to State Highway 392 and east of and adjacent to Weld County Road 23. 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 February 14, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Vd C f'(/i0 Date: I(] \I fE8 2 3 1994 5 "a+n murk!vlanning 940222 0 WINDSOR FIRE DEPARTMENT 728 Main Street •Windsor, Colorado 80550 • (303)686-2626 February 28, 1994 Gloria Dunn Weld County Planning Department Greeley, Colorado 80631 Dear Gloria We, at 'the Windsor Fire' epart lhi> zT*, viewed the latest plans presentle - byc - ' G Gene 1•Iaybrock and find t in ful clomp! . ..tic* i s�#_.our reques for fire protection of Willow pt gss i ubdi� si_itio t There is my one" #0 ' of ha• —It print, and A � > �:w —, ts,tt- our fire apparati istc ge We appreciate t a co'142operation Hr . Habrock has had with the Windsor Fire Department during all of the planning of this subdivision. Sirely,��7w�iy�� Y Bob Winter Chairman, Windsor Fire Department Plat Review Committee 340222 i S FINAL PLAN NARRATIVE -for- WILLOW SPRINGS SUBDIVISION Intersection Weld County Road 23 and Colorado Route 392 Eugene L. and Pamela A. Habrock 8374 Weld County Road 64 Windsor, Colorado 80550 940222 PROPOSED DEVELOPMENT & USES Presently the site is an irrigated agricultural parcel with crops being alfalfa, beets and corn. Approximately seven acres are in pasture in the southwest corner of the property. The project will combine the land uses of twenty residential lots, recreational open space, and an agriculture use. The developer wishes to create and maintain high property values by creating a residential subdivision with a distinctive horse oriented identity and improvements in the common open space. The property is adequately served by public services and facilities. Gas, telephone, and electric lines are located in the roadway of Colorado Route 392 and are available to this project. In addition, North Weld County Water District (NWCWD) has water lines in this road right-of-way. The proposed uses in the Willow Springs subdivision will be compatible with surrounding land uses. A portion of the property will be continuously in use as agriculture (crop growing) through the life of the project. On adjacent sides, the predominate land use is agricultural. Generally it is row crop or forage crops. There are two residential units on the north and western side of the project. These existing homes lie upon seven to eight acre parcels. WATER Water lines of North Weld County Water District (NWCWD) exist in the right-of-way of Colorado Route 392, adjacent to the property and are available for use. System improvements on-site will be required to provide the necessary pressure and capacity in the lines. Sewer will be provided by individual septic system as allowed by the Estate Zone. The source of domestic water use will be from NWCWD. The District presently has a six inch water main north of the subject property, in the Weld County road 23 right-of-way approximately one mile away. It is anticipated that a six inch water main shall be extended from off-site to the property to supply domestic and fire flows to the subdivision. As requested by NWCWD, we will provide all appropriate easements for their water lines. These utility easements are shown on the Final Plan. Fire hydrants will be included in the development and the location will be as shown on the final overall water plan. We estimate domestic water consumption of 14, 000 gallons per day for the development. North Weld County Water District is capable of providing a minimum of 250 gallons per minute for fire protection providing the off site line is constructed. A dry hydrant will be constructed on site to provide additional water. 940222 S SEWER Each lot will be served by its own individual septic system. the lots are all at least 2-1/2 acres in size and allow adequate room for the installation of septic absorption fields acceptable to the Weld County Department of Health. Please refer to the Soils Report for more information. INFRASTRUCTURE COST AND IMPROVEMENTS GUARANTEE The construction costs for the project total $300,000. A surety bond per section 8.4 of the Improvements Agreement is provided to insure completion of the subdivision improvements pursuant to the final plan. STORM WATER The storm water detention facility proposed for this subdivision will be located in the lower elevations at the southeast corner of the property. The Storm Water Detention Facility shall have a controlled outlet structure. The proposed roadways will be designed with side ditches and culverts which will direct storm water runoff to be detained to the detention facility. (See Final Grading Plan, Sheets 6,7 and 8 for location and drainage flows) ACCESS AND ROADS Colorado State Route 392 is designated by the County as an arterial roadway (150 foot right-of-way) . This project proposes one residential street connection with this state road. The interior street plan allows for a workable circulation plan to provide access to the lots. The access point is located so it will align directly opposite Weld County Road 23 . The amount of stopping sight distance from the east and west is acceptable and within guidelines. Existing traffic flow on State Route 392 will not be interrupted by this residential local street. With this street addition, a safer intersection will be obtained with Weld County Road 23 . To the east of the property, Colorado State Route 392 goes over a gentle rise which does not limit sight distance. Considering a 55 mph speed limit and the downhill grade of the County road the desirable stopping sight distance is 750 feet. The access point into this property is over 2, 000 feet from the crest of this rise and, therefore presents no unsafe conditions. The sight distance to the west toward Windsor is open and presents no sight distance problems. Our circulation plan will propose a roadway with pavement (three inch asphalt and six inch gravel base) . All interior streets will have borrow ditches for drainage control. In addition, a secondary access via the adjoining property to the west is available for emergency access only. in this way only one specific access point will be required onto Colorado Route 392 . 940272 S ACCESS AND ROADS (cont. ) The street which will serve this proposed residential use (extended Weld County Road 23 :Stagecoach Road) will have a pavement width of 25 feet and gravel shoulders of 3 .5 feet wide up to the bridge over the Greeley No. 2 Ditch. From the bridge south to the intersection of the east branch of Stagecoach Road the pavement width shall be 24 feet with a 4 foot gravel shoulder. All other streets will have a pavement width of 22 feet and 3 foot gravel shoulder. The existing bridge will be rebuilt to meet Weld County standards for public roadways. 940222 S ENVIRONMENTAL CONSIDERATIONS FLOODPLAIN, GEOLOGIC HAZARDS AND AIRPORT OVERLAY DISTRICTS Based upon *available information and maps, this proposed subdivision does not include any area encumbered by floodplain, geologic hazards, and is not in close proximity to any airport. * (Source: Weld County Planning Services Data) SOILS AND GEOLOGICAL CHARACTERISTICS A preliminary study of soils and geologic conditions is included in the submittal. A full subsurface geotechnical investigation along with percolation tests has been completed so that both the septic systems absorption fields and the roads can be appropriately designed. The general soils map provided by Weld County with the Comprehensive Plan shows the subject property labeled as irrigated farmland with the soil grouping of the Kim-Otero Association. This soil group is given the number 175. Table 5 of the Weld County Comprehensive Plan classifies this soil group as Class III overall with Class IV for the individual soils of Kim-Otero. The Soil Survey of Weld County (southern part) prepared by the USDA and Soil Conservation Service explain the soil characteristics in more detail. The enclosed Soils Report explains the soil capabilities and limitations. The soils for this site (4) Aquolls/Aquepts; (32) Kim loam 1% to 3% slope and (52) Otero sandy loam 3% to 5% slope are suitable for specific uses intended under the Estate Zone. The Aquolls/Aquepts soil will not be disturbed. These areas will remain as pasture or open space and will not be used for construction materials, sanitary facilities, or building sites. The Kim soil area will be used for home sites and absorption fields and material for road construction. Although Kim soils have moderate limitations because of low strength for basements and/or foundations and for street construction that does not, however, preclude construction in this area. These soil limitations can be overcome by engineering design or soil additives which will allow this soil to be usable. The Kim soil has no deficiency for a septic absorption field. With slight limitations, the Otero soils capabilities are very good for building sites, septic absorption and material for road construction. These soils are further reviewed and shown in the Soils Report. No potential radiation hazard has been determined for this 'site, after review of applicable information. 940222 �9, We feel we are in compliance with the Weld County Comprehensive Plan. See attached resolution dated Februarf; 1993, which states that "the proposal is consistent with the Weld County Comprehensive Plan, Agricultural, Residential, and Urban Boundary Goals and Policies." 31 . In the rezoning phase and sketch plan process it was stated in the narrative that North Weld County Water District is willing and able to provide water for the project. As stated in the Preliminary Plan narrative a 6" water line will be extended from the intersection of WCR 70 and WCR 23. The existing 6" water line which we will extend is one (1) mile to the north of the Willow Springs project. 32 The preliminary soils and percolation tests which were conducted by Earth Engineering Consultants of Fort Collins indicate that the subject property is capable of supporting individual septic systems. See Soils and Percolation Report. 33• The streets in the subdivision are adequate due to the soils report findings stating that they would support the construction of the streets and other highway facilities, including the amount of traffic anticipated. All streets and highway facilities will be built to Weld County standards. 34. The off-site highway facilities (Colorado Highway 392) will support all traffic created by the Willow Springs subdivision. 35. See drainage plan. These facilities will provide the necessary drainage and storm water management facilities as required by Weld County. 36. The subdivision will not cause an unreasonable burden on any local governments or districts as to water drainage, fire protection, hospitals, solid waste disposal or other services. All are available and within a reasonable distance from the proposed Willow Springs subdivision. 37, The Willow Springs subdivision is strictly residential. It will cause no air pollution other than that which is encountered in any residential subdivision. 38. The proposed Willow Springs subdivision conforms to the design standards of Section 10 by evidence of the drawings, narrative and covenants submitted to Weld County Planning Department which are in accordance with Section 10. 39. The Willow Springs subdivision is in harmony with wildlife and it's habitat. Whereas the property was formerly farmed with traditional row crops which provided little wildlife habitat, it will now be planted with trees and shrubs which will create more wildlife habitat. 940222 Storm Lake Drainage District 32382 WCR 23 Windsor, CO 80550 November 2, 1993 Weld County of Colorado Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Re: Willow Springs Subdivision To Whom It May Concern: Storm Lake Drainage District hereby accepts the drawings dated August, 1993 by The Engineering Company. We have no objections regarding the platting of this property based on these drawings. Sincerely yours, Q , / Jae eaQ_ "- Lee Detterer, President Harold Klaus Storm Lake Drainage District Storm Lake Drainage District 940222 • • January 19, 1994 In response to a letter dated October 4, 1993 from the Chairman and Sec. Treas. of the Storm Lake Drainage District, a meeting was held at the Harold Klaus residence on November 2, 1993. In attendance were Lee Detterer, President of the District, Harold Klaus, district member, and myself, Gene Habrock, district member. Also in conjunction with the meeting, Tim Stutzman, Sec./ Treas. and member of the district, was in conference with the members by phone. It was determined that the drawings and conclusions of the Engineering Co. 's drainage study were acceptable to the members of the Storm Lake Drainage District. (See attached letter) The outlet structure will have a grate installed to prevent any unauthorized enterance into the structure. The pump station will not be required, the pond does not need to be lined simply for the fact that it is a detention facility rather than a retention facility. The detention pond is for storm water management rather than for storage. 9402Z • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Part of the NW 1/4 of Section 24. Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 1othday of January , Usk. WITNESS my,hand and;,official seal. My Commission Expires: • a "` Notary Yic;. '.a "_3 :i • 940= r f • • Exibit "A" Mineral Ownership Willow Springs Subdivision Lessees of Minerals Charles and Clara Collopy 2118 Country Club Cove Fort Collins, Co. 80524 Howard and Associates, Ltd. 518 17th Street, Suite 640 Denver, Co. 80202 Eugene L. and Pamela A. Habrock 8374 WCR 64 Windsor, Co. 80550 940222 :. • • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the NW 1/4 of Section 24, Township 6 North, Range 67 West of the 6th P.M. . County of Weld. State of Colorado STATE OF COLORADO ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The foregoing instrument was subscribed and sworn to before me this 10th day of January , 1994. WITNESS my band-and official seal. My Commission Expires: Notary LA S10222 Surrounding Property owners to Willow Spriii Parcel Number Henry Stromberger, Jr. 080713000010 11095 Highway 392 Windsor, Co. 80550 Freida Stromberger 080714000009 10595 Highway 392 Windsor, Co. 80550 Robert and Olga Lorenz 080723000025 4945 Gray Street Denver, Co. 80634 Timothy and Lana Stutzman 080723000016 2107 50th Avenue Greeley, Co. 80634 Lee W. Detterer 080724000042 31815 Weld County Road 66 Greeley, Co. 80631 Joseph and Judy Sandoval 080724000041 11492 Highway 392 Windsor, Co. 80550 Boyd and Allison Meyer 080724000040 P.O. Box 96 Johnston, Co. 80534 Art and Pat Fabrizius 080724000045 13037 WCR 80 Ault, Co. 80610 Dennis and DeeAnn Beaman 080724000044 11092 Co. HWY 392 Windsor, Co. 80550 940222 BOARD OF DIRECTORS ! -�f l �* ERNEST TIGGES .1 ,0f,„ NORTH WELD OUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS �'b�!� HIGHWAY 85 • LUCERNE, COLORADO 80646 o W.M. MOONY ' �J LYLE NELSON, MGR. CHARLES ACHZIGER • y P.O. BOX 56 • PHONE 356-3020 F.f . December 17 , 1993 Weld County Planning • RECEIVEt. 1i561 .Ne17th Avenue Greeley Co 80631 DT2 A I 93 ' Att: Gloria Dunn RE: Water Service THE ENGINEFIIIRG }; , Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: Willow Spring Subdivision Section 24-6N-67W 1. Water service is presently being provided to the • above described property. • Water service can be made available to the above described property provided all requirements of the District are satisfied. • If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. • Additional comments: Sincerely, L▪. ▪ NORTH WELD C TY WATER D ST ICT• • • Lyle . Nelson, Manager • • NDL/ds • • • 940222 $ AP/Side: 392/7.402/RT COLORADO DEPART ENT OF TRANSPORTATION LooSrisdiction: Weld County STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 4/1/20 DOT Permit No.: 494003 HMW II: Bob Broyles (between 8-8:30 a.m./4-4:3Akp.m.) Permit Fee: $100.00 #(303) 834-1458 Date of Transmittal: 01/13/94 THE PERMITTEE; Gene Habrock 8374 WCR 64 Windsor, CO 80550 CONTACT: Gene Habrock #686-2519 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. Th(s permit may be revoked by the Issuing authority if at anytime 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 392, a distance of 2,143 feet east from Mile Post 7.0 on the east/right side. ACCESS TO PROVIDE SERVICE TO: willow Springs Subdivision (20 single family dwellings on 2-4 acre lots) , to be served by new street identified as Stagecoach Road. 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 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 due to improper construction or material specifications, the permittee is responsible for all repairs. 5. See Exhibit "C" - letter dated January 6, 1994. **SEE DESIGN ATTACHMENT "EXHIBIT AM1ew \11B 5fih • if td 1jr a MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. • C.D.O.T. Na' By(X) Date Title Shrp t 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 Gareld Sisson with the Colorado Department of Transportation In Greeley at 350-2128 at least 48 hours prior to commencing construction within the State Highway right-ot-way: The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the ermit and all it's terms and conditions. Permlttee(X) /�� °'9T"�'�"R" Date 003 • This permit is not valid until signed by a duly authorized representative of the Department. • DEPARTMENT OF TR SPORTATION, STATE OF COLORADO (X) Date 11 te/ t Title Region Develnpr�t/kres5 Coordinator ( ate of issue) COPY DISTRIBUTION: Required; Make copies es necessary for; Previous Editions an Obsolete and will notp� //yye�a%a/y� I.District(Original) Local Authority Inspector COOT FgrrIW6 222 2 Applicant MICE Petrol Traffic Engineer 7/rl EXHIBIT A • 1. Driveway shall be constructed 25 feet wide with 30 foot radii, as per Exhibit "B" . 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to use of access. 3. Surfacing shall consist of 3 inches HBP Grading C or G over 6 inches ABC Class 5 or 6, and shall extend to the right-of-way. (Specification for HBP is attached. )all not 4. The access shall be constructed and maintained not interfere withathehdrainagecsystem water to enter onto the roadway, and shall the right-of-way. Drainage to the State Highway right-of-way shall not exceed the historical rate of flow. y speed change lanes, 5. The first 2feebeondhe oset grade d to g ensure proper drainage control of the access. hall be at ht to he 6. The highwaylandtextendsa minimumcofs40sfeet beyondathegoutsideeedget centerline of the acesof the nearest lane so that longest 7 usingcitscanacompletelytclearo the ltravelled t shall eway swhen dthe gate iseclose vehicle d. 8 . The side slopes of the access approach shall be 6 :1 or flatter. 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 Highway right-of-way.JOB CTOR T ALL 14. DURINGLCONSTRUCTION. IfS PnecessIT ary, minor cST BE ON hanges andHadditions may beAorderedlbyE the-Department or local authority field inspector to meet unanticipated site conditions. 940222 STATE OF CO ADO CERTIFIIIVE OF TAXES DU )} S.S. COUNTY O ELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, appears of record in the office,on the following described property,to-wit: TR NO. PARCEL 1.:I.:'. `:�i: :<i i'- L!. ! i .•It: 4.14.. �')..: t !(.;,: -;;:-.. NAME ,::)"...::(..)E<( )O ',LA(1-, !'.:!:(:) : so : 5a.-3„d,"; : FROM RM VENDOR NO. 1 : .i.,l ..,f?hlr l' r :: � :...'`I Lli: r . : EXCEPT— 11 ( :?r DUE: I ,,Ji O hi I DUE: OF; rill: r A: i : TS A>::: AUTHOR:I: II' 1 This does not include land or Improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. ,1(1):.P is ''.£i „ 199,1 FRANCIS M. LOUSTALET TR URER OF WELD COUNT BY c - zzz auTv STATE OF CO ADO) CERTIFE OF TAXES DUEe` ��n^ COUNTY OniELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, appears of record in the office,on the following described property,to-wit: TR NO. !..I ( il .- :'r!I i it ... I _. _ 1 51:::1... i-•llxl r . . ,..n VENDOR NO. EXCEPT— i.. ...( t Il::ii t..IR . I.ITS This does not Include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. FRANCIS M. LOUSTALET T URER OF WELD COON V EPUTY ♦ s WARRANTY DEED THIS DEED, Made this 25th day of January, 1994, between Eugene L. Habrock and Pamela A. Habrock, as joint tenants, of the County of Weld, State of Colorado, grantor(s) and the Board of County Commissioners of Weld County, Colorado, whose legal address is 915 Tenth Street, Greeley, Colorado 80631, of the County of Weld, State 'of Colorado, grantee(s) : WITNESSETH, That the grantor(s) , for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the grantee(s) , its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows : The surface only of the following described parcel : The West 50 feet of Lot A of Corrected Recorded Exemption No. 0 807-24-2-RE1381, recorded March 9 , 1993 in Book 1373 as Reception No. 02324419 , being a part of the NW1/4 of the NW1/4 of Section 24 , Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. also known by street and number as Vacant Land, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s) , either in law or equity, in and to the above bargained premises, with the hereditaments and appurtenances . TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s ) , its heirs and assigns forever. And the grantor(s) , for themselves and their heirs and personal representatives, do hereby covenant, grant, bargain, and agree to and with the grantee(s) , its heirs and assigns , that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have 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 soever, except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee(s) , its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof . IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth /abboovvee. O 11:inefe-,71161-"Lete---- STATE OF COLORADO) ss . COUNTY OF WELD uttekle The foregoing instrument was acknowledged befo O % 14 day of 2.1:24h,,r 4L, , 1994, by Eugene L. Habro rp"a� A. Habrock.. — 7 NOTARy My commission expires : V l3- S Witness my d i� QofA a1 seal . A% F2il0ii00# 940222 • WARRANTY DEED THIS DEED, Made this 25th day of January, 1994 , between Eugene L. Habrock and Pamela A. Habrock, as joint tenants, of the County of Weld, State of Colorado, grantor(s) and the Board of County Commissioners of Weld County, Colorado, whose legal address is 915 Tenth Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, grantee(s) : WITNESSETH, That the grantor(s) , for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the grantee(s) , its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows : The surface only of the following described parcel : The East 30 feet of the North 700 feet of the NE1/4 of the NE1/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, EXCEPT that portion conveyed to Weld County for a public highway by right of way deed recorded December 5, 1992 in Book 1345 at Page 163 . also known by street and number as Vacant Land, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s ) , either in law or equity, in and to the above bargained premises, with the hereditaments and appurtenances . TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s) , its heirs and assigns forever. And the grantor(s) , for themselves and their heirs and personal representatives, do hereby covenant, grant, bargain, and agree to and with the grantee(s) , its heirs and assigns , that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have 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 soever, except easements, restrictions, covenants , conditions, reservations and rights of way of record, if any; The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee(s) , its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. �J STATE OF COLORADO) ss . COUNTY OF WELD ) 4411§:, 4 •y r,;,S;;r„ft,r The foregoing instrument was acknowledged before me ee' 7b'�•.P of ,p�i,.u-V , 1994, by Eugene L. Habrock anj4@Qst4 •_t ock. qv My commission expires : V-.23 16 9lf Witness my hand � .,9� sl . Notary rnciiCO`seog 940222 r. • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WILLOW SPRINGS, ESTATE SUBDIVISION IN WELD COUNTY, COLORADO PREAMBLE THIS DECLARATION, made on the date hereinafter set forth by Eugene L. and Pamela A. Habrock, Declarant. WITNESSETH: WHEREAS, the Declarant is the owner of certain property in the County of Weld, State of Colorado, which Declarant wishes to subject to this Declaration; and WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan (a) to protect and enhance the quality, value, desirabi- lity and attractiveness of all property which may be subject to this Declaration; and (b) to define certain duties, powers and rights of owners of property sub- ject to this Declaration with respect to use of such property and the architec- tural control of the dwellings and improvements thereon; and (c) to reserve, grant and convey certain easements and rights-of-way on, over, across, and through certain portions of such property; NOW, THEREFORE, Declarant, for itself, its successors and assigns hereby declares that all the Properties (hereafter defined) be made subject to this Declaration, in the manner hereinafter provided, and each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, easements, rights-of-way, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration for the 940222 duration thereof, all of which shall run with the title to said Properties or any part thereof and shall be binding upon all persons or entities possessing any interest in said Properties and upon their heirs, personal representatives, successors and assigns and shall inure to the benefit of each person or entity having any such right, title or interest in said Properties or any part thereof. ARTICLE I • DEFINITIONS Architectural Committee shall mean and refer to the Architectural Committee established by the Board of Directors pursuant to Article V hereinafter. Articles of Incorporation and By-Laws shall mean the duly recorded Articles of Incorporation for the Willow Springs Homeowners' Association and the duly adopted By-Laws of the Association. Association shall mean and refer to Willow Springs Homeowners' Association, its successors and assigns. Board of Directors shall mean and refer to the duly elected Board of Directors of the Association. Common Area shall mean and refer to all real property and the improvements presently located or subsequently constructed thereon, located within the Properties but not within any Lot, including not by limitation all of Outlots "A," "B," and "C," and all dedicated street rights-of-way. Common Expenses shall mean and refer to the following: the cost of installation, operation, maintenance, repair and replacement of the common irri- gation system described in Article VII hereinafter; maintenance and mowing of the easement area described in Article VII hereinafter to the extent and in the -2- 940222 event the Association shall be responsible therefor; installation, maintenance, repair, and replacement of the Perimeter Fence or any portion thereof and the removal of trash, rubbish and debris therefrom; snow removal , maintenance, repair and replacement of streets, street lighting and any related facilities; maintenance, repair, replacement, renovation, landscaping, and care of the Common Area; maintenance, repair, and replacement of any personal property owned by the Association; acquisition and maintenance of any casualty, public liabi- lity and other insurance; taxes and special assessments imposed upon the Common Areas or other property of the Association; legal and accounting fees of the Association; operational fees, expenses and liabilities incurred by the Association pursuant to or by reason of this Declaration or the Articles of Incorporation and By-Laws of the Association; payment of any deficit remaining from a previous assessment period; the creation and maintenance of any reaso- nable contingency, reserve, sinking or surplus fund; other sums declared Common Expenses by the provisions of this Declaration; and all other expenses lawfully incurred by the Association pursuant to this Declaration, the Articles of Incorporation and By-Laws of the Association. Declarant shall mean and refer to and successors and assigns if such successors or assigns acquire more than one undeveloped Lot from the Declarant for the purpose of development. His as used herein shall be gender neutral and shall mean his, hers, theirs, and its. Lot shall mean and refer to the twenty (20) individually numbered, iden- tified, and described plots of land shown upon the recorded subdivision map of the Properties and used for an individual single family residence and shall not include any Common Area. -3- 940222 • • Member shall refer to a member of the Association as provided within Article III herein. Mortgage shall mean and refer to any mortgage deed, deed of trust or other security instrument creating a lien against any Lot; Mortgagee shall mean and refer to any grantee, beneficiary, or assignee of a Mortgage; First Mortgage shall mean and refer to the Mortgage having first and paramount priority under applicable Colorado law; First Mortgagee shall mean and refer to any grantee, beneficiary or assignee of a First Mortgage. Owner shall mean and refer to the owner of record within the real estate records maintained at the office of the Weld County Clerk and Recorder, whether one or more persons or entities, of fee simple title to any Lot, but excluding mortgagees. Perimeter Fence shall mean and refer to any fence erected by the Declarant or the Association on the outside perimeter of the Properties or which separates any Lot(s) from Common Area, a street, public right-of-way, or from property outside of the Properties. Plat shall mean the final recorded plat of the Properties as approved by Weld County and recorded in the records in the office of the Weld County Clerk and Recorder. Properties shall mean and refer to that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE II PROPERTY RIGHTS Section 1. Conveyance of Common Areas. The Common Area shall be conveyed by Declarant to the Association free and clear of any Mortgage prior to the conveyance of the first Lot by the Declarant. -4- 94022w • • Section 2. Owners' Easements and Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the Articles of Incorporation and By-Laws and this Declaration, including not by way of limitation the following provisions: (1) The right of the Board of Directors to control the use and occupancy of the Common Area and to establish, modify, or terminate rules and regulations for same; (2) The right of the Association to borrow money, and upon assent of the required number of Owners and First Mortgagees as provided in Article XII, Section 5. below, to mortgage, pledge, deed in trust or otherwise hypothecate the Common Area as security for any such loan; (3) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility, or other- wise abandon, partition, subdivide, encumber, sell , or transfer any interest to all or any portion of the Common Area upon the assent of the required number of Owners and First Mortgagees as provided in Article VII, Section 5. below. Section 3. Delegation of Use. Any Owner may delegate, subject to this Declaration, the Articles of Incorporation and By-Laws, his right of enjoyment in and to the Common Area to the members of his family, their guests and invitees, and his tenants who reside on his Lot. -5- 940222 • • ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. • Section 2. Voting Rights. The Association shall have two (2) classes of voting membership: (1) Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When the Owner is comprised of more than one person or entity, the vote for such Lot shall be exercised as between themselves they determine, but in no event shall more than one vote be case with respect to each Lot. Fractional votes cannot be cast and the Association may rely on the vote of less than all persons or entities comprising an Owner event though all are not present, in person or by proxy, at the time of the vote. (2) Class B. The only Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. Class B shall ter- minate when the total number of votes entitled to be cast by Class A equals the total number of votes entitled to be cast by Class B. Thereafter, there shall be a single class for voting with each Owner, including Declarant, entitled to one (1) vote for each Lot that Owner owns. -g- 940222 Section 3. Suspension of Voting. The Association shall suspend the voting rights (both as an Owner and Director) of any Owner, as well as suspend all authority that Owner may have by virtue of his holding any office of the Association or his being a Director of the Association, for any period during which any assessment against one or more of his Lots remains past due and unpaid and for any period that Owner is either causing or permitting any infraction of this Declaration, the Articles of Incorporation and By-Laws, or its published rules and regulations. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) annual assessments, and (2) special assessments, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien -upon the Lot against which such assessment is made. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment falls due. The personal obligation for the delinquent assessments shall not pass to successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties, for payment of Common Expenses, and for the improvement and maintenance of the Common Area, and for any other purpose reasonably incidental to such purposes. -7- 940222 • • Section 3. Maximum Annual Assessment. Until January 1 of the year imme- diately following the conveyance of the first Lot by Declarant to an Owner, the maximum annual assessment shall be Two Hundred Forty Dollars ($240) per Lot for all Lots. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment may be increased by the Board of Directors effective January 1 of each year without a vote of the membership, in correlation with the rise in the broadest Consumer Price Index ("CPI") for the Denver metropolitan area, if available (as published by the Department of Labor, Washington, D.C. ), for the preceding twelve-month period running from July to July. By way of example, if the CPI rose by 3% from July of year 1 to July of year 2, the annual assessment could be raised by 3% effective January 1 of year 3. The annual assessment may be increased above that established by the CPI formula by a vote of the Members. Any such change shall require the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose. The Board of Directors shall fix the amount of the annual assessment and provide written notice thereof to all Owners at least thirty (30) days in advance of the due date for each annual assessment. The initial annual assessment period shall be the calendar year running January through December. The Board of Directors may change the annual assessment period if necessary, as in the event the Association's fiscal year is other than the calendar year. Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment period, one or -8- 940222 more special assessments applicable to that period only for the purpose of defraying, in whole or in part, unbudgeted costs and liabilities, payment of any deficit remaining from the previous period, and the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, and including a common irrigation system as provided in Article VII below, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting of the Members called for the purpose of taking any action authorized under Sections 3 or 4 within the Article shall be provided to all Members personally or by mail not less than thirty (30) nor more than sixty (60) days in advance of the meeting. If mailed, said notice shall be deemed delivered when deposited in the United States mail , addressed to the last known address of the Member, postage prepaid. At the first of any such meeting called, the presence of Members or their proxies entitled to cast sixty percent (60%) of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, a second meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the first meeting. No such subsequent meeting shall be held more than sixty (60) days following the first meeting. Section 6. Rate of Assessment. Annual and special assessments shall be fixed at a uniform rate for all Lots. -9- 94022' r ` • • Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots and the first such annual assessment shall be due on the first day of the next month following the date of conveyance of the Common Area to the Association. The first annual assessment shall be prorated according to the number of months remaining in that calendar year. Thereafter, the due date for each assessment shall be established by the Board of Directors and included in the notice pro- vided each Owner. The Association shall , upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid to the date of issuance. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association. Section 8. Effect of Nonpayment of Assessment; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner (or previous Owner) personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Voting rights may also be suspended as provided in Article III above. Section 9. Subordination of Lien to Mortgagees. The lien of the assessments provided for herein shall be subordinate to the lien of any purchase money loan evidenced by a recorded First Mortgage. However, to the extent -10- 940222 permitted by law, the assessment lien shall be superior to any homestead exemp- tion as now or hereafter may be provided by Colorado law and the acceptance of a deed to any Lot shall constitute a waiver of the homestead exemption as against said assessment lien. Sale or transfer of any Lot shall not affect the assess- ment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a First Mortgage, or any proceeding in lieu thereof, shall extinguish the assessment lien as to assessments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from any resulting lien. ARTICLE V ARCHITECTURAL CONTROL Section 1. Approval of Plans and Specifications. No building, fence, wall , driveway or other structure shall be constructed, erected or maintained upon the Properties, nor shall any exterior addition, change, or alteration thereto be made until two (2) complete sets of all plans and specifications showing the nature, kind, shape, height, materials, colors, finishes, and location of the same shall have been submitted to and approved in writing by the Board of Directors or by an Architectural Committee composed of three (3) or more repre- sentatives appointed by the Board, in which case the Architectural Committee shall have the powers and duties set forth herein. Any standards or guidelines utilized by the Board of Directors or Architectural Committee shall be uniformly applied to all plans and specifications submitted for review; however, such standards and guidelines may be modified or evolve over time as deemed necessary or appropriate by the Board of Directors or Architectural Committee. -11- 940222 • • Any time access between a Lot and adjoining street is established, altered, or required, and any time an Owner submits original building designs to the Board of Directors or the Architectural Committee, plans and specifications for a culvert under any driveway providing such access between the Lot and the street adjoining the Lot shall be included, which design for a driveway culvert shall meet the following minimum specifications: the minimum size of the culvert pipe shall be fifteen (15) inches in diameter or such larger size as may be specified in the street plan for the subdivision approved by Weld County, with a flared end section; culverts shall be aluminum or steel corrugated metal pipe of at least 16-guage; all culverts shall extend at least four (4) feet beyond the edge of the driveway on each side or there shall be a headwall at any end which does not extend as far. All headwalls shall be specifically subject to approval by the Board of Directors or Architectural Committee. There shall be a minimum one (1) foot of soil or other acceptable cover over the top of all culverts. All culverts shall be installed prior to commencing construction of building improvements or Lot grading. In the event said Board, or its designated Committee, fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications or any additions, changes, or supplements thereto have been submitted, approval will not be required and this provision will be deemed to have been fully satisfied. Thereafter, any improvements made by the Declarant in strict conformance with the plans and specifications as submitted shall be deemed acceptable within the provisions and requirements relating to architectural control and approval. Notwithstanding anything contained herein, all improvements constructed upon any part of the Properties shall be subject to all zoning regulations, building -12- 940222 regulations, and any other applicable regulations or restrictions imposed by any governmental authority. Section 2. Radio and Television Antennae or Electrical Devices. No exterior television antenna, radio antenna or satellite transmitting or receiving devices shall be placed, allowed, or maintained upon any portion of the Properties without the express written consent of the Association or the Architectural Committee. In addition, no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located anywhere within the Properties shall be placed or maintained on any Lot. Section 3. Building Location. In addition to any governmental regulations limiting building location on any Lot, no building shall be located within fifty (50) feet of any Lot line. No building shall be located within two hundred (200) feet of the rear (southwest) Lot line on Lots 5, 6, and 7. For purposes of this section, garages (attached or detached), non-dwelling structures, dwellings, building corners, eaves, steps, porches and patios (roofed or not roofed) or other components of any structure shall be considered as part of the building. The Architectural Committee or Board may further limit the location of any improvements as provided within Section 1. of this Article. The Architectural Committee or the Board of Directors may grant relief from the provisions of this section for good cause shown. Section 4. Building Size and Finish. Other than as provided within Section 5. below, the only building permitted on any Lot shall be a single-family resi- dence. Any such residence shall be limited to both minimum square footage and required exterior finish. No such residence of a "ranch" or single-story design shall be less than 1,600 square feet. No two-story residence shall be less than 1,800 square feet. The minimum square footages do not include any porches, -13- 940222 patios, decks, or any other similar improvement which is not fully contained within, and a part of, the year-round living area of such residence, nor any basement area or garage. With respect to the exterior finish of all such resi- dences, not less than thirty percent (30%) of the total exterior surface area, not including roof area, shall be of some material such as brick, stone, stucco, or similar material which contrasts with the principal exterior finish material . No vertical siding or other vertically running finish materials shall be per- mitted. The Architectural Committee or the Board may grant relief from the provisions of this Section for good cause shown. Section 5. Non Dwelling Structure. In addition to the right of the Owner to construct a single-family residential dwelling upon each Lot, the Owner shall also have the right to construct a separate building or structure not to exceed eight hundred (800) square feet in size and fifteen (15) feet in height from ground level on Lot numbers 1, 2, 3, 4, 5, 6, 1, 8, 11, 12, 13, 14, 15, 19, 20 and two thousand (2,000) square feet in size and twenty-three (23) feet in height from ground level on Lot numbers 9, 10, 16, 17, and 18. Such structures may not be occupied for human habitation and must be constructed in such a manner that it is comparable in nature, materials and style with the single- family residential dwelling located upon such Lot and shall otherwise be suoject to approval as provided herein. Section 6. Building Height and Roof Pitch. No residential dwelling or other structure shall exceed twenty-eight (28) feet in height from ground level to the highest point on the dwelling or structure. The pitch of the roof on any dwelling shall not be less than six (6) feet of rise for each twelve (12) feet of span. Section 7. Temporary Structures Prohibited. No structure of a temporary character, including by way of example and not limitation, trailers, mobile -14- 94022 • homes, tents, or campers, for human habitation or otherwise, shall be permitted on any Lot at any time other than as permitted within Article VI, Section 5. below. Section 8. Owners' Fence. All fencing on the portion of any Lot adjacent to any street shall be 2 or 3 rail, treated wood fencing, both posts and rails, no higher than five (5) feet. All other fencing shall either be the same, or shall be constructed of wooden treated posts spaced no more than eight (8) feet apart with at least three (3) runs of double-strand wire. No barbed-wire or chain link fence shall be permitted on any of the Properties except that each Lot shall be permitted one (1) chain link pen for keeping dogs or other household pets from running loose. Any such pen shall be no larger than three hundred (300) square feet in total size and its construction and location shall be subject to Architectural Committee or Board approval as provided herein. The Architectural Committee or the Board of Directors may grant relief from the provisions of this section for good cause shown. Section 9. Garages. Each dwelling located on a Lot shall have a car garage for at least two (2) cars but not more than four (4) cars plus storage space. Such garage must be either attached to the dwelling unit or connected to the dwelling unit by a breezeway or similar architectural structure, shall be com- parable in nature, materials, and style with the dwelling unit, and shall other- wise be subject to approval as provided herein. In addition, each garage shall have a continuous driveway access from a public street. Carports are not allowed. The Board of Directors or Architectural Committee may grant relief from this section for good cause shown. Section 10. Landscaping of Lot. At the same time as submission of any plans and specifications, and subject to the same approval requirements, every Owner shall submit to the Architectural Committee or the Board of Directors two -15- 940222 (2) copies of a landscaping plan for his Lot. Such landscaping plan shall include information regarding the type and location of all sodding, seeding, trees, hedges and shrubs, and other customary landscape information as well as the location and type of any irrigation system. Section 11. Intersection Obstructions. No Owner shall construct any fences, berm or other improvements or plant any shrubs, hedges or trees within twenty-five (25) feet of the corner of any Lot which corner is adjacent to intersecting streets which, when fully constructed or matured, will be greater than two (2) feet in height above the center line of the adjacent streets. ARTICLE VI USE AND OCCUPANCY Section 1. Use Restriction. All Lots shall be used and improved exclusively for occupancy and residence by a single family. For purposes of this section, the term "single family" shall mean and refer to an individual or two (2) or more persons related by blood or marriage or an unrelated group of not more than three (3) persons living together in a residential dwelling unit. Section 2. Restrictions on Leasing. No Owner shall lease his residential dwelling to any group of people other than a "single family" as defined in Section 1 within this Article, nor shall any lease be for a period of less than thirty (30) days. All such leases shall be in writing and shall contain a cove- nant by the tenant or tenants that their use and occupancy of the dwelling are subject to the terms and conditions set forth in this Declaration, the Articles of Incorporation and By-Laws, and that such tenant will abide by the terms contained therein as well as any rules and regulations promulgated by the Association. -16- 940222 Section 3. Home Occupations. In addition to any restrictions imposed upon Lots by Weld County with regard to home occupations or businesses, no Owner shall conduct nor permit any activity or occupation upon his Lot which shall involve the sale or storage of any inventory or merchandise or the delivery of inventory or merchandise or similar materials to the Lot. No more than fifteen percent (15%) of the space within a residential dwelling may be used for any business or home occupation. Notwithstanding the foregoing, the Board of Directors shall have the right to authorize prohibited business activities or home occupations upon any Lot provided that it shall first determine that such home occupation or business shall not unreasonably interfere with the use and enjoyment of any of the Properties and provided further that the Owner con- ducting such business activities or home occupation agrees to such reasonable rules and conditions as shall be imposed upon him by the Board of Directors. Section 4. Signs and Advertising. No signs (except one sign of not more than five (5) square feet per Lot advertising that Lot for sale or for rent), advertising, billboards, unsightly objects or nuisances shall be placed, erected or permitted to remain on any Lot, nor shall any Lot be used in any way or for any purpose which may endanger the health, safety or life of any person or which may unreasonably disturb other Owners. The foregoing provision of this section shall not apply to any signs, advertising or billboards of Declarant in connection with its sale of Lots or its development of the Properties. Section 5. Vehicles, Boats and Campers. No trailers, motor homes, camper units, boats or similar recreational vehicles shall be stored or permitted to remain on any street or on any Common Area at all , nor for more than three (3) continuous days on any Lot except within an enclosed garage or otherwise so not to be visible from neighboring Lots, the Common Area, or any street. In addi- tion, no trucks, mobile homes, commercial vehicles or unused vehicles shall be -17- 940222 • • kept, placed, stored or maintained upon any street or on the Common Area at any time, nor on any Lot so to be visible from neighboring Lots, the Common Area or any street. Commercial vehicles engaged in the delivery or pick up of goods or services shall be exempt from the provisions of this section provided that they do not remain within the Properties in excess of the reasonable period of time required to perform such commercial function. For purposes of this section, a three-quarter (3/4) ton or smaller vehicle, commonly known as a "pick-up truck, " shall not be deemed to be a "truck" or "commercial vehicle." The term "unused vehicle" shall mean and refer to any vehicle which has not been driven under its own propulsion for a period of four (4) days or longer. Section 6. Household Pets and Livestock. No reptiles or bees of any kind shall be raised, bred, kept or boarded upon any Lot. Dogs, cats, or other household pets as the same may be defined and determined by the Board of Directors may be kept on any Lot provided the same are not kept, bred or maintained for any commercial purposes. The Board of Directors may, in its sole discretion, limit the number of household pets which may be kept upon any Lot. However, each Owner shall have the right to keep a minimum of two (2) household pets on any Lot. Household pets shall be subject to any rules or regulations adopted by the Board of Directors and all governmental ordinances or laws applicable to the Properties. Each Owner shall be responsible for clean up and removal of his pet's excrement from the Common Area and any Lot. No pets or livestock may run loose, either on any Lot, the Common Area, or any street, at any time. Every Lot is further restricted to a total of one (1) livestock animal unit per acre. The following is a list of the types of livestock permitted on the Lots and the respective number of "animal units" attributable to one cow, one horse, one llama, etc. -18- 940222 • • Animal Units Attributable Type to Single Animal Cow 1 Horse 1 Llama 1 Mule 1 Burro 1 Sheep 1 Poultry Rabbit For example, if a given Lot totaled two acres, the Owner could have any one of the following combinations of livestock: (a) one cow and one horse; (b) one llama and one mule; (c) one horse and two poultry; or (d) four rabbits. The animal units cannot exceed one (1) per acre. Fractional acres shall always be rounded down (e.g. , 2.99 acres equals two animal units and 3.0 acres equals three animal units). Only those livestock included in the preceding list (other than household pets) are allowed within the Properties. Section 7. Garbage and Refuse. All rubbish, trash, garbage and other waste materials shall be disposed of in a neat and sanitary manner and shall be removed from each Lot on a regular basis and shall not be allowed to accumulate on any Lot, Common Area or other portion of the Properties. All containers or other equipment for the storage or disposal of garbage and trash shall be kept in a clean and sanitary condition. Trash containers for each Lot shall be kept within garages, other enclosures, or areas designated by the Board of Directors except during days designated for pickup and disposal . All containers shall have lids in place at all times. Section 8. Storage. No tanks for the storage of gas, fuel , oil , chemicals or similar liquids or gases shall be erected, placed or permitted above the surface of any Lot. The constructing, installing, or placing of any such tanks -19- 9'10222 underground shall require submission of all plans and specifications and Board of Directors or Architectural Committee approval as provided within Article V herein. No clothesline, trash containers, equipment, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the Board of Directors which may require enclosure or screening, such as privacy fences, landscaping, or berm to conceal such areas from the view of neighboring Lots, the Common Area, and streets. Section 9. Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Area, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance. Section 10. Recreational Vehicles. No automobile, pick-up truck, motor- cycle, minibike, moped, snowmobile or other motor-driven vehicle may be operated on any portion of the Common Area for recreational purposes. Section 11. Maintenance of Lots. Each Owner shall cut and control all grass, weeds, and other vegetation growing on his Lot, whether vacant, occupied, under construction or fully improved, and shall otherwise maintain and care for all landscaping on his Lot. If an Owner fails to properly maintain his Lot as provided herein, after written notice and not less than seven (7) days thereafter to properly complete all necessary work, either the Association or the County may, but shall not be obligated to, enter the Lot and perform such work on behalf of and at the Owner's expense. Section 12. Use of Common Areas. All use and occupancy of the Common Area shall be subject to and governed by the rules and regulations adopted by the Board of Directors. No damage or waste shall be committed to the Common Area. There shall be no obstruction of the Common Area, nor shall anything be kept or -20- 940222 • • stored on any part of the Common Area without the approval of the Board of Directors. Nothing shall be altered on, constructed on or removed from the Common Area by any Owner without the approval of the Board of Directors. Section 13. Re-Subdivision. No Lot shall be re-subdivided into smaller lots nor conveyed or encumbered by any description or amount less than the full original dimensions as conveyed by the Declarant. Nothing herein contained shall prevent the dedication or conveyance of portions of Lots for additional easements for public utilities, nor prevent the Declarant from replatting all or a portion of the Properties. Section 14. Easements. All easements for the installation and maintenance of utilities and for drainage areas, as any such easements are shown on the Plat, are hereby dedicated and reserved for such purposes as determined by the Association in its sole discretion. All utilities shall be underground. No building or other structure shall be constructed, erected or placed upon any easement area within any Lot except fences and landscaping, and then only if such fences and landscaping do not unreasonably interfere with any proper use and maintenance of any easement. The easement area within any Lot and all improvements within it shall be maintained continuously by the Owner of the Lot except improvements made by and for which a public authority, utility company or the Association is expressly responsible. Section 15. Drainage. No Owner shall modify or change the topography or contour of his Lot, including not by limitation any drainage easement areas, from the shape, contour, drainage pattern, or plan established by the Declarant or persons or entities acting on behalf of Declarant; provided, however, that an Owner shall be permitted to so modify his Lot upon receiving written approval therefor from the Architectural Committee or the Board of Directors. Any Owner -21- 940222 who in any way materially modifies the drainage pattern of a Lot, if modified without proper consent, shall be liable for any and all damages stemming therefrom and may be required to return such drainage patterns to their original topography or contour. Section 16. Declarant's Use. Notwithstanding any provisions contained in this Declaration to the contrary, it shall be expressly permissible and proper for Declarant and Declarant's employees, agents, independent contractors, and successors and assigns involved in the construction of dwellings upon the Lots or development of the Properties to perform such activities and to maintain upon such portions of the Properties as is necessary such facilities as may be reason- ably required, necessary or incidental to the development of the Properties and the construction and sale of Lots, specifically including without limiting the generality of the foregoing, maintaining business offices, storage areas, construction yards, construction trailers and equipment, signs, model units and sales offices; provided, however, that neither Declarant nor Declarant's employees, agents, independent contractors, successors or assigns shall perform any activity or maintain any facility on any portion of the Properties in such a way as to unreasonably interfere with or disturb any Owner in the use, enjoyment or access of any Owner, his family members, guests or invitees, of and to his Lot, and to public ways. Section 17. Growing Crops. No portion of any Lot shall be used for growing any crops other than for personal use and consumption by the Owner and that Owner's livestock (subject to Article VI, Section 6. ). In addition, other than as provided below, the only growing crops permitted on any Lot shall be alfalfa and other grasses--i .e., no row crops. Notwithstanding the preceding sentence, every Lot may have up to 4,000 square feet in growing crops other than alfalfa -22- 940222 and grasses (i .e., row crops) so long as such crops are for the Owner's personal use and consumption. ARTICLE VII COMMON IRRIGATION SYSTEM AND RELATED EASEMENT Section 1. Purpose. Declarant is hereby reserving the right, but not the obligation, on behalf of itself and the Association, to install , construct, operate, maintain, repair, and replace a common irrigation system on, over, across, and through portions of the Properties as hereafter described in order to deliver water for the benefit of and use on the Common Area, or the Lots, or both. Two existing adjudicated irrigation wells and some related improvements consisting of pipeline, ditches, and diversion structures, are located within and are a part of the Common Area. These existing irrigation system components may be utilized as is, may be expanded and supplemented with additional similar improvements, or may be replaced or modified by Declarant or the Association, now or hereafter, as deemed advisable in its sole discretion. Section 2. Easement. Declarant hereby reserves unto itself, and grants and conveys to the Association, for their mutual benefit, an easement and right-of- way on, over, across, and through: (1) the Common Area; (2) a forty- (40) feet wide strip of the Properties including the existing ditch and land on both sides thereof, running northwest to southeast and crossing portions of Lots 2, 3, 9, 10, 11, 12, 13, 14, 15, and 16, as more particularly described by legal descrip- tion attached hereto as Exhibit "B" and incorporated herein by reference and as reflected on the Plat; (3) the western most ten (10) feet of Lots 1, 2, 3, 4, and 5 as reflected on the Plat; and (4) a twenty- (20) feet wide strip within every Lot, said strip being the first twenty (20) feet within any Lot located adjacent to any street/road right-of-way, as reflected on the Plat. The nature and -23- 940222 extent of said easements and rights-of-way shall be as reasonably necessary in connection with the location, installation, construction, operation, maintenance, repair, and replacement of any common irrigation system now existing or as may be expanded, modified, or replaced as provided herein. Section 3. Construction/Replacement Costs. The two irrigation wells and related existing improvements shall be contributed to the Association as Common Area. If and to the extent Declarant chooses, at its sole discretion, to replace, modify, or expand the existing system as a part of its development of the Properties, all costs associated therewith shall be born solely by Declarant. If and to the extent the Association at any time chooses, at its sole discre- tion, to replace, modify, or expand the existing system, all associated costs shall be a Common Expense. Section 4. Operation and Maintenance. All operation, maintenance, repair, and necessary replacement of any common irrigation system, and all costs asso- ciated therewith, shall be the sole responsibility of the Association and accounted as a Common Expense. Notwithstanding anything to the contrary herein, the costs of any repair or replacement necessitated by any intentional or negli- gent act or omission by any Owner or his agent, guest, invitee, or permitee, as reasonably determined by the Board of Directors, shall be payable by that Owner as a personal obligation and also a lien charged against and running with his Lot and shall trigger the same rights and remedies as provided by Article IV, Section 8. above. Section 5. User Fees. Every Owner who uses any common irrigation system to irrigate on his Lot shall be charged a fee based upon the amount of water so used. Such fees shall be determined and set by the Board of Directors as will be any required time and method of payment. To the extent reasonably possible, -24- 94022 the Board of Directors shall set such fees so that in the relevant year, the amount collected in such fees from any Owner approximates the proportionate costs of that Owner in connection with the operation, maintenance, repairs, and necessary replacements of the irrigation system; "proportionate costs" means, based on relative amounts, the water used on that Lot as compared with the water used on all other Lots and the Common Area. In addition, the Board of Directors may increase the fee so calculated to provide for some recapture over a reason- able period of the cost of installing and constructing a new or replacement system or expanding the existing system--but only to the extent the Association paid such costs as a Common Expense as provided herein. No fee shall be assessed against the Association for use of the irrigation system to irrigate any Common Area. Any fees owed by any Owner shall be a personal obligation of that Owner and also a lien charged against and running with his Lot and shall trigger the same rights and remedies as provided by Article IV, Section 8. above. Section 6. Owner Connection. If a common irrigation system is made available to any Lot, it must be available to any other Lots whose Owners have requested it after allowing a reasonable time thereafter to permit the Association to make any changes or additions to the system to permit access. Any request to access the irrigation system must be made to the Board of Directors in writing and must include any plans and specifications deemed necessary by the Board of Directors, which may include engineered drawings and specifications, and pertaining to the following: (a) The location on the system where the Lot's access will be made; (b) The method of tying into the system and diverting and transporting water to the Lot; (c) The method and location of all irrigation to take place on the Lot; and -25- 940222 • • (d) A plan for assuring that no excess or tail water migrates or otherwise passes onto any neighboring Lots or Common Area except via a designed route returning any such water to the irrigation or other acceptable drainage system. Only upon the Board of Directors' review and approval of all such plans, drawings, and specifications shall any Owner be permitted to access and use the irrigation system. All costs associated with the preparation of such plans, drawings, and specifications, as well as the cost of actual connection, on-Lot irrigation system, and tail water return system shall be borne solely by the Owner. Once connected to the system, it shall be the sole responsibility of the Owner to properly operate, maintain, and repair his system, beginning at the point of connection to the common system, and to properly carry and control all water until its return to the common irrigation or other acceptable drainage system and to pay all costs associated therewith. By accessing and using the common irrigation system, the Owner promises to indemnify the Declarant, the Association, and all other Owners against any loss, damage, claim, or liability stemming from any intentional or negligent act or omission by that Owner in connection with his taking and using any water from the system. Section 7. Maintenance of Easement Area on Lots. Any improvements related to any common irrigation system and located within an easement and right-of-way on any Lot shall be maintained by the Association as a Common Expense. Other than such improvements, the Owner is responsible for all maintenance within any easement and right-of-way on his Lot. No Owner shall cause or permit any improvements or landscaping to be located, or place any trash, rubbish, waste, clippings, or any other material within such easement and right-of-way which would interfere with the ability of the Association to access, operate, and maintain any existing or future irrigation system. • -26- 940222 ARTICLE VIII PERIMETER FENCES Section 1. Perimeter Fences - Repair and Maintenance. If the Declarant or the Association chooses, at its sole option, to construct any Perimeter Fences, the Association shall be responsible for repairing, maintaining, and replacing such Perimeter Fences and also the periodic collection and removal of all trash accumulating on either side of any Perimeter Fence and the cost thereof shall be a Common Expense. Section 2. Negligent or Willful Acts. Notwithstanding any other provisions of this Article VIII, any Owner who, by his negligence or willful acts or omissions, as determined by the Board of Directors, causes any portion of any Perimeter Fence to be damaged or destroyed, shall bear the whole cost of repair or replacement of such portion of the Perimeter Fence. Such cost shall consti- tute both a personal obligation of such Owner as well as a charge against and running with the Lot and nonpayment shall trigger all rights and remedies as provided within Article IV, Section 8. above. ARTICLE IX STREETS Section 1. Streets. The Association shall be responsible for maintaining all streets and related improvements within the Properties. The Declarant will improve the streets to meet the standards of Weld County. The streets and related improvements shall thereafter be maintained in good condition by the Association at all times for the benefit of all Owners and all costs related thereto shall be a Common Expense. If at any time in the future Weld County assumes responsibility for maintenance of streets and related improvements, the responsibility of the Association to provide such maintenance shall thereupon end to the extent assumed by Weld County. -27- 940222 • Section 2. Weld County Requirements. Pursuant to the requirements of the Subdivision Resolution of Weld County, Colorado, the Declarant hereby states that in the event the Association should for any reason fail to perform its duties to maintain Common Areas, streets and similar facilities on the Properties, Weld County may, in accordance with the provisions of the Weld County Subdivision Resolution, after notice as provided therein, undertake to maintain such facilities and the cost of such maintenance is required to be paid by the Owners within the Properties that have right to enjoyment or use of such common facilities, collectible by assessment through the Weld County Treasurer in the manner provided by law for collection, enforcement and remittance of general property taxes. Reference to the Weld County Subdivision Resolution is hereby made and the same incorporated herein by reference as if set forth in full herein. ARTICLE X INSURANCE Section 1. Casualty Insurance on Insurable Common Area. The Association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other prop- erty, whether real or personal , owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable. The Association shall be the owner and beneficiary of any such insurance and any proceeds thereof shall be payable to the Association. Section 2. Replacement or Repair of Property. In the event of damage to or destruction of any of the improvements or property owned and insured by the -28- 9402Z . 4� Section 7. Other Insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the Association's responsibilities and duties. Section 8. Insurance Premiums. Except as otherwise set forth herein, insurance premiums for any of the above-described insurance shall be a Common Expense. A separate account of the Association shall be maintained and used solely for the payment of the premiums for such insurance as such premiums become due. First Mortgagees shall have the right, jointly or severally, to pay all overdue premiums on hazard insurance policies, or secure comparable new hazard insurance coverage in the event of a lapse of such a policy, for the Common Area; any such First Mortgagee making such payment shall be owed immediate reimbursement therefor from the Association. Section 9. Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make necessary repair or replacement of the Common Area or other property of the Association which may be damaged or destroyed. ARTICLE XI RIGHT OF REPURCHASE If any Owner or his successor fails to commence construction of a dwelling unit on his Lot which meets the requirements of this Declaration within a period of twelve (12) months after the original sale of said Lot by Declarant, Declarant shall have the right, but not the obligation, to repurchase the Lot at any time within one hundred eighty (180) days after the expiration of such 12-month period upon giving the Owner fifteen (15) days' written notice of Declarant's intent to repurchase. The repurchase price shall be the price -30- 940222 • • received by Declarant for the Lot when originally sold by Declarant, plus interest at ten percent (10%) per annum thereon, plus reimbursement for any real property taxes paid by Owner relating to the Lot, plus any annual or special assessments by the Association actually paid by such Owner. Any outstanding Mortgage or other lien against the Lot shall be paid or assumed by Declarant and Declarant shall receive a credit against the repurchase price equal to the amount paid or assumed. Liens to be paid off or assumed with a credit to Declarant on the repurchase price shall not include unpaid assessments by the Association which shall be assumed without credit on the repurchase price. The provisions of this Article shall be specifically enforceable by Declarant through appropriate court proceedings. If Declarant fails to give written notice of Declarant' s intent to exercise its right of repurchase within the 180-day period as aforesaid, such right of repurchase shall be deemed waived. Declarant reserves the right at its sole discretion to extend the time to com- mence construction by any given Owner and on any given Lot but any such exten- sion must be in writing and Declarant' s right of repurchase shall automatically be deferred to the end of any such extension of time. Commencement of construc- tion as used herein means that the Owner of the Lot has satisfied all of the following requirements: (a) Obtained approval of all building plans and specifications from the Board of Directors or the Architectural Committee as required by this Declaration; (b) Obtained building permits from the appropriate governmental authorities authorizing construction of the improvements as approved by the Board of Directors or Architectural Committee; (c) Entered into a construction contract with a contractor for construction of said improvements; and -31- 940222 r • • (d) Actually commenced construction work and diligently continued such work on the Lot in accordance with the approved plans and specifications and the building permit. This right of repurchase shall apply to any party purchasing a Lot from Declarant and to every subsequent Owner succeeding such party. This right of repurchase shall in no way impair the lien of any First Mortgage and if a First Mortgage is outstanding on any Lot so repurchased, the Declarant shall first pay off and discharge or assume said Mortgage and receive a credit on the purchase price equal to the amount so paid, with any remaining balance of the purchase price to be paid to the Owner. Notwithstanding anything to the contrary herein, this provision shall be enforceable and of full force and effect only during the original twenty (20) year term of this Declaration. This provision shall not be extended, automatically or otherwise, beyond said original term. ARTICLE XII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, con- ditions, covenants, easements, reservations, liens, and charges now or hereafter imposed or created by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein con- tained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any provision contained herein by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The provisions, covenants, and restrictions of this Declaration shall run with and bind the land for an original term of twenty (20) -32- 910222 • • years from the date this Declaration is first recorded, after which time they shall be automatically extended for successive terms of ten (10) years. This Declaration may be amended during the original twenty- (20) year term by an instrument signed by the Owners of not less than ninety-one percent (91%) of the Lots and sixty percent (60%) of the First Mortgagees, and thereafter by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots and fifty percent (50%) of the First Mortgagees. First Mortgagees shall be entitled to one (1) vote for each Lot on which they hold a First Mortgage. Any amendment must be recorded in the records of the office of the Weld County Clerk and Recorder. Section 4. Limitations on the Association. Unless the Owners of ninety-one percent (91%) of the Lots and sixty percent (60%) of the First Mortgagees have given their written approval , the Association shall not: (1) Use insurance proceeds for losses to any Common Area improvements for other than the repair, replacement, or reconstruction of those improve- ments unless used for the addition of other Common Area improvements as deemed appropriate or advisable by the Association; (2) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer all or any portion of the Common Area (the granting of easements for public utilities and for other public purposes consistent with the intended use of the Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or (3) Change the method as described herein of determining the obligations, assessments, dues or other charges which may be levied against an Owner. • -33- 910222 .' I, 1 • • Section 5. Management of the Common Areas. The Board of Directors of the Association may obtain and pay for the services of a managing agent to manage the Association' s affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation and maintenance of the Common Areas; provided, however, that any contract in regard to the hiring or employing of such a managing agent, or other personnel, shall not be for a term in excess of three (3) years and shall provide that the same shall ter- minate at any time on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 6. Condemnation of the Common Areas. If, at any time or times, during the continuation of this Declaration, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu thereof, or in advance thereof, all compensation, damages or other proceeds therefrom shall be payable to the Association. The Association shall use such proceeds for restoration of the remaining Common Area, if possible, or if not possible, to pay any deficiencies in Common Expenses or to establish new or increased reserves as may be deemed necessary by the Board of Directors, or may distribute such proceeds to the Owners. Any distribution would be made equally to the Owner of each Lot. Distributions of any such proceeds to the Owners shall be made by checks payable jointly to the Owners and their respective First Mortgagees. Section 7. Payment of Taxes by First Mortgagees. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. -34- 9(10222 • • I , Section 8. Evidence of Lien. Upon request of a First Mortgagee, the Association shall provide that First Mortgagee with written notice of any then existing default in the performance of any obligations under this Declaration, the Articles of Incorporation, and By-Laws by its mortgagor of which the Association is aware. Any Mortgagee may, but shall not be required to, pay any unpaid assessments due and owing by its mortgagor; upon such payment, such Mortgagee shall have an additional lien on such Lot for the amount paid but only of the same rank as the lien of his or its original lien and not of the rank of an assessment lien. Section 9. County Rights. Notwithstanding any other provisions contained herein, no change, either by amendment or lapse of time, may be made to the provisions of this Declaration insofar as the provisions require that the Association maintain streets and Common Area within the Properties, unless such change is specifically approved by Weld County (so long as the county has juris- diction over the Properties) or any municipality which may acquire jurisdiction over the Properties by annexation. Section 10. Indemnification. The Association shall indemnify and hold harmless the Declarant from and against any and all claims, lawsuits, damages, costs, or other liabilities of any kind in any way related to the Properties, including the Common Area, or any act or omission of the Association or any of its directors, officers, agents, employees, or independent contractors, unless caused by or related to Declarant's negligent or intentional acts or omissions. The Association shall indemnify and hold harmless its directors, officers, agents, employees, and independent contractors from and against any and all claims, lawsuits, damages, costs, or other liabilities of any kind in any way related to the Properties, including the Common Area, or any act or omission of -35- 9'10 222 i • • • the Association, unless caused by or related to said directors' , officers' , agents' , employees' , or independent contractors' negligent or intentional acts or omissions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand this day of , 1993. Eugene L. Habrock Pamela A. Habrock STATE OF COLORADO ) ) ss. COUNTY OF WELD The above and foregoing instrument was acknowledged before me by Eugene L. Habrock and Pamela A. Habrock this day of January, 1994. Notary Public My commission expires -36- 9'10222 "THE PROPERTIES" OfSCEIPTIO A PARCEL OF LAND LOCATED IN SECTION 24. TOWNSHIP 6 NORTH. RANGE 67 WEST OF THE 6114 PAL, WELD COUNTY, COLORADO BEING LORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24 AND CONSIDERING THE WEST LINE OF THE NORT111NEST QUARTER TO BEAR NORTH 00'1313' EAST WITH ALL BEARINGS CONTAINED HERON RU3ATTVE THERETO; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE 'ALONG THE WEST UNE OF THE NORTHWEST QUARTER OF SAID SECTION 24. NORTH 00'12'13' EAST, 2195.46 FEET TO A POINT FIFTY FEET SOUTH AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF THE GREELEY .2 CANAL; THENCE PARALLEL AND 50' SOUTH OF SAID CENTERUNE THE FOLLOWING 19 COURSES 1. THENCE SOUTH 77'41'OS EAST, 114.16 FEET; 2. THENCE 129.10 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 171.50 FEET AND A CENTRAL ANGLE OF 43'07'47. WHOSE RADIUS POINT BEARS NORTH 17'18'55 EAST; 3. THENCE NORTH 59'11'06' EAST, 67.93 FEET; 4. THENCE 64.67 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 61.98 FEET MID A CENTRAL ANGLE Of 59'47'1!1, WHOSE RADIUS POINT BEARS SOUTH 30'48'52' EAST; 5. THENCE SOUTH 61'04.42' EAST, 51.21 FEET: 6. THENCE 190.21 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 214.29 FEET AND A CENTRAL ANGLE OF 50.5129', WHOSE RADIUS POEM BEARS NORTH 21156'16' EAST: 7. THENCE NORTH 66'06'49' EAST, 67.98 FEET; 8. THENCE 29029 FEET HANG THE ARC OF A CURVE HAVING A RADIUS OF 431.06 FEET AND A CENTRAL ANGLE OF 38'39'52', WHOSE RADIUS POINT BEARS SOUTH 2363'11' EAST; 9. THENCE SOUTH 7313'19" EAST 146.03 FEET; 10. THENCE 84:46 FEET ALONG THE ARC OF A CURIE HAVING A RADIUS OF 420.67 FEET ANO A CENTRAL ANGLE OF 11'30'12". WHOSE RADIUS POINT BEARS NORTH 16.46'41' EAST; 11. THENCE SOUTH 61'430? EAST. 23.17 FEET; 12. THENCE 16626 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 1.39.29 FEET AND A CENTRAL ANGLE OF 7740'57', WHOSE RADIUS POINT BEARS NORTH 2816'53' EAST:' 13. THENCE NORTH 40'35'56' EAST. 104.32 FEET; 14. THENCE NORTH 36'00'15 EAST. 9820 FEET; 15. THENCE 102.96 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 50.05 FEET AND A CENTRAL ANGLE Of 99'34'19'. WHOSE RADIUS POINT BEARS SOUTH 53'59'45• EAST; 16. THENCE SOUTH 44.05'25 EAST. 118.39 FEET; 17. THENCE 187.55 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 388.22 FEET /NB A CENTRAL ANGLE Of 274W24'. WHOSE RADIUS POINT BEARS NORTH 45'34'34" EAST; 18. THENCE SOUTH 71.54'50' SST. 126.45 FEET; 19. THENCE SOUTH 69'49'54' EAST, 231.51 FEET TO AN EXISTING FENCE UNE THENCE ALONG SAID FENCE LINE. SOUTH 01'14'12" EAST, 2006.78 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SMO SECTION 24: THENCE ALONG SAM UNE. SOUTH BR 34'25 WEST, 2211.45 FEET TO THE TRUE POINT OF BEGINNING. SNO PARCEL CONTAINS 109.01 ACRES EXHIBIT "A" 9.10222 PORTION OF COMMON IRRIGATION SYSTEM EASEMENT An easement and right-of-way on, over, across, and through a portion of the Properties, including a part of Lots 2, 3, 9, 10, 11, 12, 13, 14, 15, and 16 as those Lots are described on the Plat, for the purpose of and to the extent reasonably necessary for and in connection with the location, installation, construction, expansion, modification, operation, maintenance, repair, and replacement of a common irrigation system for the benefit of the Common Area and the Lots, said easement and right-of-way being forty (40) feet in width lying fifteen (15) feet north and east and thirty-five (35) feet south and west of, said distances measured perpendicular to, a line described as follows: located within Weld County, Colorado. EXHIBIT "B" 940222 TRANSAMERICA TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8034042 1. Effective Date: January 14, 1994 at 7: 00 A.M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $ $ Proposed Insured: B. ALTA Loan Policy $TBD $TBD Proposed Insured: To Be Determined 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: Eugene L. Habrock and Pamela A. Habrock, as joint tenants 4 . The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSAMERICA TITLE INSURANCE COMPANY By Margaret A. Ste?henson Authorized Signature Issued: January 21, 1994 MAS/dk 9 0222 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE A - Continued LEGAL DESCRIPTION A parcel of land located in the NW1/4 of Section 24, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Commencing at the W1/4 corner of said Section 24 and considering the West line of the NW1/4 to bear North 00 degrees 12 minutes 13 seconds East with all bearings contained herein relative thereto; said point being the True Point of Beginning{ Thence along the West line of the NW1/4 of said Section 24, North 00 degrees 12 minutes 13 seconds East, 2195.46 feet to a point 50 feet South as measured at right angles to the centerline of the Greeley 12 Canal; Thence parallel and 50 feet South of said centerline the following 19 courses: 1. Thence South 77 degrees 41 minutes 05 seconds East, 114. 16 feet; 2 . Thence 129. 10 feet along the arc of a curve having a radius of 171. 50 feet and a central angle of 43 degrees 07 minutes 47 seconds, whose radius point bears North 12 degrees 18 minutes 55 seconds East; 3 . Thence North 59 degrees 11 minutes 08 seconds East, 67.93 feet; 4 . Thence 64. 67 feet along the arc of a curve having a radius of 61. 98 feet and a central angle of 59 degrees 47 minutes 10 seconds, whose radius point bears South 30 degrees 48 minutes 52 seconds East; 5. Thence South 61 degrees 01 minutes 42 seconds East, 81. 21 feet; 6. Thence 190. 21 feet along the arc of a curve having a radius of 214. 29 feet and a central angle of 50 degrees 51 minutes 29 seconds, whose radius point bears North 28 degrees 58 minutes 18 seconds East; 7. Thence North 68 degrees 06 minutes 49 seconds East, 67.98 feet; 8. Thence 290. 89 feet along the arc of a curve having a radius of 431. 06 feet and a central angle of 38 degrees 39 minutes 52 seconds, whose radius point bears South 21 degrees 53 minutes 11 seconds East; 9. Thence South 73 degrees 13 minutes 19 seconds East, 145.03 feet; 10. Thence 84 .46 feet along the arc of a curve having a radius of 420. 67 feet and a central angle of 11 degrees 30 minutes 12 seconds, whose radius point bears North 16 degrees 46 minutes 41 seconds East; 11. Thence South 61 degrees 43 minutes 07 seconds East, 23 . 17 feet; Page 2 9,EO222 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE A - Continued LEGAL DESCRIPTION 12 . Thence 188.85 feet along the arc of a curve having.a radius of 139.29 feet and a central angle of 77 degrees 40 minutes 57 seconds, whose radius point bears North 28 degrees 16 minutes 53 seconds East; 13 . Thence North 40 degrees 35 minutes 56 seconds East, 104. 32 feet; 14. Thence North 36 degrees 00 minutes 15 seconds East, 96.80 feet; 15. Thence 102.96 feet along the arc of a curve having a radius of 59.05 feet and a central angle of 99 degrees 54 minutes 19 seconds, whose radius point bears South 53 degrees 59 minutes 45 seconds East; 16. Thence South 44 degrees 05 minutes 26 seconds East, 118 .39 feet; 17. Thence 187. 55 feet along the arc of a curve having a radius of 386.22 feet and a central angle of 27 degrees 49 minutes 24 seconds, whose radius point bears North 45 degrees 54 minutes 34 seconds East; 18. Thence South 71 degrees 54 minutes 50 seconds East, 126.45 feet; 19. Thence South 69 degrees 49 minutes 54 seconds East, 231. 51 feet to an existing fence line; Thence along said fence line, South 01 degrees 14 minutes 12 seconds East, 2006. 78 feet to the South line of the NW1/4 of said Section 24; Thence along said line, South 89 degrees 34 minutes 28 seconds West, 2211.45 feet to the True Point of Beginning. Page 3 9.1022 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. A. Release by the Public Trustee of: Deed of Trust from Eugene L. Habrock and Pamela A. Habrock to the Public Trustee of the County of Weld for the use of Charles Troutman Collopy and Clara Frances Collopy to secure $102, 800. 00 dated March 4, 1992 recorded March 5, 1992 in Book 1328 as Reception No. 02280187. B. Deed of Trust from Eugene L. Habrock and Pamela A. Habrock to the Public Trustee of the County of Weld for the use of lender to be determined to secure an amount to be determined. Page 4 940222 i • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE B EXCEPTIONS 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 theretofore 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Note: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 5 940222 i • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE B - Continued EXCEPTIONS 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded August 30, 1888 in book 34 at Page 322. (Affects W1/2NW1/4) 8. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded November 27, 1889 in Book 51 at Page 111. (Affects E1/2NW1/4) 9. Easement and right of way through that certain lateral ditch which enters the W1/2 of the NW1/4 of Section 24, Township 6 North, Range 67 West on the West side thereof( running thence in a Southeasterly direction to the South line of said W1/2 of said quarter section for conveying water to the SW1/4 of said Section 24, as granted to James M. Cazer in Quit Claim Deed recorded May 12, 1908 in Book 250 at Page 407, in which the specific location of said easement is not defined. 10. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between The New Cache La Poudre Irrigating Company and The Windsor Mercantile Company recorded February 21, 1953 in Book 1350 at Page 602 . 11. Oil and gas lease between Alice Swanson and Brooks Exploration Incorporates dated May 1, 1980, recorded June 30, 1980 in Book 907 as Reception No. 1828696, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Catamount Exploration, Inc. , recorded May 3, 1984 in Book 1029 as Reception No. 1965389. 12. Oil and gas lease between Alice Swanson and Howard and Associates, Ltd. dated September 10, 1990, recorded October 5, 1990 in Book 1278 as Reception No. 02229446, and any interests therein or rights thereunder. 13. Undivided 1/2 interest in all oil, gas and other minerals. Grantors specifically reserve all executory rights as to the leasing, exploration, exploitation, and production of all minerals, including existing leases and sand and gravel, in, under and to be produced from said property. This executory right will terminate when Grantors have no further ownership or lien rights as to the entire parcel of land presently owned by them in the NW1/4 of Section 24, as reserved by Charles Troutman Collopy and Clara Frances Collopy in a deed recorded March 5, 1992 in Book Page 6 940222 • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE B - Continued EXCEPTIONS 1328 as Reception No. 02280185, and any interest therein or rights thereunder. 14. Terms, agreements, provisions, conditions and obligations as contained in Crossing Agreement by and between The New Cache LaPoudre Irrigating Company, Eugene L. Habrock and Pamela A. Habrock recorded March 4, 1993 in Book 1372 as Reception No. 02324000 and September 30, 1993 in Book 1404 as Reception No. 02352745. 15. An undivided 1/2 interest in and to all oil, gas and other minerals in, upon or underlying the described property together with the right of ingress and egress for the purpose of prospecting for and removal of said minerals, as reserved by Jacob Fritzler and Elizabeth Fritzler in the Deed to John Hettinger, Jr. , Annie Hettinger, Harry Hettinger, and Wilma Hettinger, recorded January 9, 1961 in Book 1574 at Page 562, and any interests therein or rights thereunder. (Affects that portion on the Easterly side of subject property acquired by deed recorded September 4, 1992 in Book 1350 as Reception No. 02302622) 16. Easement and right of way for constructing, operating, inspecting, repairing, removing, maintaining and replacing a natural gas pipeline, granted to Windsor Gas Processing by Eugene Hettinger by instrument recorded February 12, 1986 in Book 1102 as Reception No. 02042696, in which the specific location of the easement is not defined. (Affects that portion on the Easterly side of subject property acquired by deed recorded September 4, 1992 in Book 1350 as Reception No. 02302622) 17. Oil and gas lease between Futures Management Corporation and Blue Chip Oil, Inc. dated December 30, 1987, recorded December 31, 1987 in Book 1181 as Reception No. 02126566, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Blue Chip Oil, Inc. , recorded March 1, 1988 in Book 1187 as Reception No. 02132514. (Affects that portion on the Easterly side of subject property acquired by deed recorded September 4, 1992 in Book 1350 as Reception No. 02302622) Page 7 940222 i • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8034042 SCHEDULE B - Continued EXCEPTIONS 18. Reservations as contained in Deed from Futures Management Corporation to Boyd M. Meyer and Allison J. Meyer, recorded May 4, 1992 in Book 1335 as Reception No. 02286749 as follows: Reserving however, unto grantors, all oil, gas and other minerals presently owned by said grantors, if any, in, on, under and that may be produced from said premises and any and all leases related thereto, Together with the rights of ingress and egress necessary to explores for, mine and remove such oil, gas and other minerals, but excluding from this reservation however, all of grantors sand and gravel rights, if any, which are hereby conveyed to the grantees, and any interests therein or rights thereunder. (Affects that portion on the Easterly side of subject property acquired by deed recorded September 4, 1992 in Book 1350 as Reception No. 02302622) 19. Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments in the office of the Clerk and Recorder of the County in which subject property is situated that any right of access exists to an open public roadway. NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (c) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (d) Associated Natural Gas, Inc. , recorded April 23, 1986 in Book 1110 as Reception No. 2050953 . (e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (f) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296. Page 8 940222 b Transamerica Title Insurance Company Adams•Arapahoe•Denver Lorimer County Douglas•Jefferson Counlles ISI wep atounlam ipCC,inure,Street eat Conm orado Avenue0521 Denver Colorado 50202 13031193.6461 1303)291.1500 • • Pueblo County Boulder County 1317$ease Sheet 627 Noon Main Shed, Bath*Colorado 60302 Pw 1 Coondo (W3)143.7160 1307,547 01stl• El Paso County Routt.Jackson Counties ate So.m wax Sint $071+ncoln Sine Soenga Coondo 63903 SI•a'^D0a1$av57 Colorado 531/) 13631634-3731 13031879.1611 Weld County III)tenth amen,» Geri"Cob•do&X] 130313522283 TRANSAM ERICA TITLE INSURANCE CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. 940222 Hello