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RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) WITH ED ORR
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, by Resolution dated August 30, 1993, the Board approved a Minor
Subdivision Final Plat for Ed Orr, and
WHEREAS, the Board has been presented with an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) with Ed Orr, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According To Policy Regarding
Collateral For Improvements (Private Road Maintenance) with Ed Orr be, and hereby
is, approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of September, A.D. , 1993.
/V /,/, BOARD OF COUNTY COMMISSIONERS
ATTEST: / 1/fr WEL COUNTY, COLORADO
Weld County Clerk to the Board
�
Constance L. Harbert, Chairman
BY: / � �� f �� ; ,�7L
1 // Cle k'to the B Board-1.
W. H; Webster, P o-Tem
LAPPROVED AS TO FORM: / --�. r.
/George/E. Baxt r
Cou ty ttorne Dale K. Hall
IGL -1� ✓L eA--
arbara J. Kirkm er
931028
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AR2358288 F 1268 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this 23rd day of
September . qS , by and between the County of Weld, State of
Colorado, acting through its Board of County Commissioners,
hereinafter called "County" , and Fd Orr
hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling
interest in the following described property in the County of Weld,
Colorado:
Lot A Recorded Exemption 114, Weld County, Colorado
WHEREAS, a final subdivision/PUD plat of said property, to be
known as Orr Minor Subdivision
has been submitted to the County for approval; and
WHEREAS, of the Weld County Subdivision
Regulations provides that no final plat shall be approved by the
County until the Applicant has submitted a Subdivision Improvement
Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the subdivision,
which improvements, along with a time schedule for completion, are
listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the
acceptance and approval of said final plat, the parties hereto
promise, covenant and agree as follows :
1 . 0 Engineering Services : Applicant shall furnish, at its
own expense, all engineering services in connection with
the design and construction of the subdivision
improvements listed on Exhibit "A" which is attached
hereto and made a part of this reference.
1 . 1 The required engineering services shall be
performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and
shall conform to the standards and criteria
established by the County for public improvements .
1 . 2 The required engineering services shall consist of,
but not be limited to, surveys, designs, plans and
profiles, estimates, construction supervision, and
the submission of necessary documents to the
County.
1 . 3 Applicant shall furnish drawings and cost estimates
for roads within the subdivision to the County for
approval prior to the letting of any construction
contract. Applicant shall furnish one set of
reproducible "as-built" drawings and a final
statement of construction cost to the County.
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2 . 0 Rights-of-Way and Easements : Before commencing the
construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements .
3 . 0 Construction; Applicant shall furnish and install, at
its own expense, the subdivision improvements listed on
Exhibit "A: which is attached hereto and made a part
hereof by this reference, according to the construction
schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this reference.
3 . 1 Said construction shall be in strict conformance to
the plans and drawings approved by the County and
the specifications adopted by the County for such
public improvements . Whenever a subdivision is
proposed within three miles of an incorporated
community located in Weld County or located in any
adjacent county, the Applicant shall be required to
install improvements in accordance with the
requirements and standards that would exist if the
plat were developed within the corporate limits of
that community. If the incorporated community has
not adopted such requirements and standards at the
time the subdivision is proposed, the requirements
and standards of the County shall be adhered to.
If both the incorporated community an the County
have requirements and standards, those requirements
and standards that are more restrictive shall
apply.
3 .2 Applicant shall employ, at its own expense, a
qualified testing company previously approved by
the County to perform all testing of materials or
construction that is required by the County; and
shall furnish copies of test results to the County.
3 . 3 At all times during said construction, the County
shall have the right to test and inspect or to
require testing and inspection of material and work
at Applicant' s expense. Any material or work not
conforming to the approved plans and specifications
shall be removed and replaced to the satisfaction
of the County at Applicant' s expense.
3 . 4 The Applicant shall furnish proof that proper
arrangements have been made for the installation of
sanitary sewer or septic systems, water, gas,
electric and telephone services .
3 .5 Said subdivision improvements shall be completed,
according to the terms of this Agreement, within
the construction schedule appearing in Exhibit "B" .
The Board of County Commissioners, at its option,
may grant an extension of the time of completion
shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
4 . 0 Release of Liability: Applicant shall indemnify and
hold harmless the County from any and all liability loss
and damage county may suffer as a result of all suits,
actions or claims of every nature and description caused
by, arising from, or on account of said design and
construction of improvements, and pay any and all
judgments rendered against the County on account of any
such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in
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defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of
the negligence of county or its officers, agents,
employees, or otherwise except for the liability, loss,
or damage arising from the intentional torts or the gross
negligence of the county or its employees while acting
within the scope of their employment. All contractors
and other employees engaged in construction of the
improvements shall maintain adequate workman' s
compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the
laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6 .0 Approval of Streets by the County: Upon compliance with
the following procedures by the Applicant, streets within
a subdivision may be approved by the County as public
roads and will be maintained and repaired by a homeowners
association or, in its absence, the owners of lots within
the subdivision.
6 . 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B" , but such use and operation
shall not constitute an approval of said portions .
6 .2 County may, at its option, issue building permits for
construction on lots for which street improvements
detailed herein have been started but not completed as
shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the
subdivision improvements in that phase of the development
is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6 . 3 Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that
the County Engineer inspect its streets and recommend
that the Board of County Commissioners partially approve
them. Not sooner than nine months after partial
approval, the County Engineer shall, upon request by the
applicant, inspect the subject streets, and notify the
applicant(s) of any deficiencies . The County Engineer
shall reinspect the streets after notification from the
applicant(s) that any deficiencies have been corrected.
If the County Engineer finds that the streets are
constructed according to County standards, he shall
recommend full maintenance approval . Upon a receipt of
a positive unqualified recommendation from the County
Engineer for approval of streets within the development,
the Board of County Commissioners shall fully approve
said streets as public but with private pay.
7 .0 General Requirements for Collateral :
7 . 1 The value of all collateral submitted to Weld
County must be equivalent to 100% of the value of
the improvements as shown in this Agreement. Prior
to Final Plat approval, the applicant shall
indicated which of the five types of collateral he
prefers to be utilized to secure the improvements
subject to final approval by the Board of County
Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the
plat recorded within six (6) months of the Final
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Plat approval . If acceptable collateral has not
been submitted within six (6) months then the Final
Plat approval and all preliminary approvals shall
automatically expire. An applicant may request
that the County extend the Final Plat approval
provided the cost estimates are updated and the
development plans are revised to comply with all
current County standards, policies and regulations .
The improvements shall be completed within one ( 1)
year after the Final Plat approval (not one year
after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates
for the remaining improvements are updated and
collateral is provided in the amount of 100% of the
value of the improvements remaining to be
completed. If improvements are not completed and
the agreement not renewed within these time frames,
the County, at its discretion, may make demand on
all or a portion of the collateral and take steps
to see that the improvements are made.
7 . 2 The applicant may choose to provide for a phased
development by means of designating filings of a
Planned Unit Development Plan or Final Plat
Subdivision. The applicant would need only to
provide collateral for the improvements in each
filing as approved. The County will place
restrictions on those portions of the property that
are not covered by collateral which will prohibit
the conveyance of the property or the issuance of
building permits until collateral is provided or
until improvements are in place and approved
pursuant to the requirements for a Request for
Release of Collateral .
7 . 3 The applicant intends to develop in accordance with
Exhibits "A" and "B" .
8 . 0 Improvements Guarantee: The five types of collateral
listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners .
8 . 1 An irrevocable Letter of Credit from a Federal or
State licensed financial institution on a form
approved by Weld County. The letter of credit
shall state at least the following:
- The Letter of Credit shall be in an amount
equivalent of 100% of the total value of the
improvements as set forth in Section 6 . 0 and
exhibits "A" and "B" .
- The Letter of Credit shall provide for payment
upon demand to Weld County if the developer
has not performed the obligations specified in
the Improvements Agreement and the issuer has
been notified of such default.
- The applicant may draw from the Letter of
Credit in accordance with the provisions of
this policy.
- The issuer of the Letter of Credit shall
guarantee that at all times the unreleased
portion of the Letter of Credit shall be equal
to a minimum of 100% of the estimated costs of
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completing the uncompleted portions of the
required improvements, based on inspections of
the development by the issuer. In no case
shall disbursement for a general improvement
item exceed the cost estimate in the
Improvements Agreement (i .e. , streets, sewers,
water mains and landscaping, etc. ) . The
issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the
agreement and its cost estimates .
The Letter of Credit shall specify that 15% of
the total Letter of Credit amount cannot be
drawn upon and will remain available to Weld
County until released by Weld County.
The Letter of Credit shall specify that the
date of proposed expiration of the Letter of
Credit shall be either the date of release by
Weld county of the final 15%, or one year from
the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall
remain in full force and effect until after
the Board has received sixty (60) days written
notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall
be sent by certified mail to the Clerk to the
Board of County Commissioners .
8 . 2 Trust Deed upon all or some of the proposed development
or other property acceptable to the Board of County
Commissioners provided that the following are submitted:
- In the event property within the proposed
development is used as collateral, an appraisal is
required of the property in the proposed
development by a disinterested M.A. I . member of the
American Institute of Real Estate Appraisers
indicating that the value of the property
encumbered in its current degree of development is
sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
- In the event property other than the property to be
developed has been accepted as collateral by Weld
County, then an appraisal is required of the
property by a M.A. I . member of the Institute of
Real Estate Appraisers indicating that the value of
the property encumbered in its current state of
development is sufficient to cover 100% of the cost
of the improvements as set forth in the
Improvements Agreement plus all costs of sale of
the property.
- A title insurance policy insuring that the Trust
Deed creates a valid encumbrance which is senior to
all other liens and encumbrances .
- A building permit hold shall be placed on the
encumbered property.
8 . 3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the
amount specified in the Improvements Agreement.
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The escrow agent guarantees that the escrowed funds
will be used for improvements as specified in the
agreement and for no other purpose and will not
release any portion of such funds without prior
approval of the Board.
- The escrow agent will be a Federal or State
licensed bank or financial institution.
- If the County of Weld County determines there is a
default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release
any remaining escrowed funds to the County.
8 .4 A surety bond given by a corporate surety authorized to
do business in the State of Colorado in an amount
equivalent to 100% of the value of the improvements as
specified in the Improvements Agreement.
8 .5 A cash deposit made with the County equivalent to 100% of
the value of the improvements .
9 . 0 Request for Release of Collateral : Prior to release of
collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a
Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of
the project has been completed in substantial compliance
with approved plans and specifications documenting the
following:
9 . 1 The Engineer or his representative has made regular
on-site inspections during the course of
construction and the construction plans utilized
are the same as those approved by Weld County.
9 . 2 Test results must be submitted for all phases of
this project as per Colorado Department of Highway
Schedule for minimum materials sampling, testing
and inspections found in CDOH Materials Manual .
9 . 3 "As built" plans shall be submitted at the time the
letter requesting release of collateral is
submitted. The Engineer shall certify that the
project "as built" is in substantial compliance
with the plans and specifications as approved or
that any material deviations have received prior
approval from the County Engineer.
9 .4 The Statements of Substantial Compliance must be
accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the
appropriate utility company, special district or
town for any utilities .
9 .5 A letter must be submitted from the appropriate
Fire Authority indicating the fire hydrants are in
place in accordance with the approved plans . The
letter shall indicate if the fire hydrants are
operational and state the results of fire flow
tests .
9 . 6 The requirements in 8 . 0 thru 8 .5 shall be noted on
the final construction plans .
9 .7 Following the submittal of the Statement of
Substantial Compliance and recommendation of
approval of the streets by the County, the
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applicant(s) may request release of the collateral
for the project or portion of the project by the
Board. This action will be taken at a regularly
scheduled public meeting of the Board.
9 . 8 The request for release of collateral shall be
accompanied by "Warranty Collateral" in the amount
of 10% of the value of the improvements as shown in
this Agreement excluding improvements fully
accepted for maintenance by the responsible
governmental entity, special district or utility
company.
9 . 9 The warranty collateral shall be released to the
applicant upon final approval by the Board of
County Commissioners .
10 . 0 Public Sites and Open Spaces : When the Board of County
Commissioners, pursuant to a rezoning, subdivision or
planned unit development, requires the dedication,
development and/or reservation of areas or sites other
than subdivision streets and utility easements of a
character, extent and location suitable for public use
for parks, greenbelts or schools, said actions shall be
secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
10 . 1 The required acreage as may be determined according
to the Weld County Subdivision Regulations shall be
dedicated to the County or the appropriate school
district, for one of the above purposes . Any area
so dedicated shall be maintained by the County or
school district.
10 .2 The required acreage as determined according to the
Weld County Subdivision Regulations, may be
reserved through deed restrictions as open area,
the maintenance of which shall be a specific
obligation in the deed of each lot within the
subdivision.
10 . 3 In lieu of land, the County may require a payment
to the County in an amount equal to the market
value at the time of final plat submission of the
required acreage as determined according to the
Subdivision Regulations . Such value shall be
determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account
to be expended for parks at a later date.
11 . 0 Successors and Assigns: This Agreement shall be binding
upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon
recording by the County, shall be deemed a covenant
running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above
written.
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BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
~ATTEST: -' b,-/- .�
Weld Cour)ty Clerk to the Board l7�c. 2
BY: /Li5
Deputy Clerk to the Boar /W051/43
APPROVED AS TO FORM: O -277
County Attorne ;i...).:)
APPLICANT
/
'n,~:'c k (title)
n ): r J I
bs i}hed and sworn to before me this cl3 day of 'f ry k;3�- (
My Commission expires : ��
C_The r,r-t el,.L-
7/ J /cjl Notary Public
aprivate.db
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EXHIBIT "A"
Name of Subdivision: Orr Minor Subdivision
Filing:
Location: Part of the NE 1/4 of Sec 32 , T6N, R 66 W
Intending to be legally bound, the undersigned Applicant hereby agrees to
provide throughout this subdivision and as shown on the subdivision final plat
dated , 19 , recorded on , 19 ,
in Book , Page No. , Reception No. , the following
improvements.
(Leave spaces blank where they do not apply.)
Estimated
Improvements Unit Cost Construction Cost
Street grading 2 ,027sy @ $0. 74 $1 , 500.00
Street base 2 , 027sv @ $1 .89 3 , 825.00
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements (-.,,1 vert ) 15T.f R $17. 14 600. 00
Subsurface drainage Ara ina0a between 1 nts 1F.4 200.00
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected
On-site sewage facilities (with homes)
On-site water supply and storage service lines 350.00
Water mains 775LF n $3 . 23 2 , 500. 00
Fire hydrants
Survey & street monuments & boxes one lump sum 300.00
Street lighting
Street name signs L n $175 .00 175 .00
Fencing requirements
Landscaping 1 /2 acre $750.0 375 .00
Park improvements
SUB-TOTAL 9 , 825.00
Engineering and Supervision Costs $1 ,000 .00
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 10, 82 5 .00
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to construction schedule
set out in Exhibit "B" .
Sign ture of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal. )
Date9r , 191, .
_ 1
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EXHIBIT "B"
,
Name of Subdivision: Orr Minor Subdivision
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision,
dated , 19_, Recorded on , 19 ,
in Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within _ years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Street gradipg
4 days
Street base 5 days
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds •
Ditch improvements 1 day
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage_
Water mains 3 days
Fire hydrants
Survey & street monuments & boxes 1 day
Street lighting
Street name signs 1 day
Fencing requirements
Landscaping 1 Hay
Park improvements
SUB-TOTAL 1R days
The County, at its option, and upon the request by the Applicant, may grant
an extension of time for completion for any particular improvements shown
above, upon a showing by the Applicant that l a, : chedule cannot be met.
'ow
Signature of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.) _ `"'rr
Date: c-l''i.Y NA.AL , 19 .
9 931029
AR2358v87 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
ORR MINOR SUBDIVISION
THIS DECLARATION is made this day ofL. b , 1993 ,
by ED ORR ("the Declarant") .
WITNESSETH:
WHEREAS, the Declarant is the owner of that certain real
property located in the County of Weld, State of Colorado, legally
described as Lot A of Recorded Exemption No. 2805-32-1-RE 114
hereinafter referred to as "the Property. "
WHEREAS, the Declarant desires to establish certain standards
covering the Property by means of protective covenants to insure
the lasting beauty, value, and enjoyment of the Property; to this
end and for the benefit of the Property and the Owners thereof, the
Declarant desires to subject the Property to the easements,
covenants, conditions, restrictions, charges and liens hereinafter
set forth.
NOW, THEREFORE, the Declarant hereby publishes and declares that
the Property shall be held, sold, conveyed, transferred, leased,
subleased, and occupied subject to the following easements,
covenants, conditions, and restrictions which shall run with the
Property and shall be binding upon and inure to the benefit of all
parties having any right, title, or interest in the Property or any
portion thereof, their heirs, personal representatives, successors,
and assigns.
SECTION 1: ASSOCIATION AND MEMBERSHIP
1. All owners of Lots in the subdivision shall become a member
of an association of homeowners of this subdivision upon
acquisition of a Lot. Each owner shall have one (1) vote for
each Lot owned. When more than one (1) person or entity holds
a beneficial interest in a Lot as joint tenants, tenants in
common, or otherwise, all such persons shall be Members of the
Association, but shall be considered only as one (1) Owner for
voting purposes.
2 . All homes, garages and out buildings must have the approval
of 3/4 vote of the Association.
3 . No construction, aleration, addition, modification or
reconstruction of any building, structure or other improvement
within the Property shall be commenced or maintained until the
plans and specifications thereof shall have been approved by
the Association.
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4. The Association's approval or disapproval as required in these
covenants shall be in writing.
SECTION 2 : USE AND RESTRICTIONS
5. The residential area covenants shall apply to all of the Lots
in the Orr Minor Subdivision.
6. All Lots are restricted to single family dwellings.
7. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be used
on any lot any time as a residence whether temporarily or
permanently.
8. No single or double wide trailer shall be allowed on the
subject lots.
9. All home residences must be in a minimum of 1, 600 sq. ft. of
living space and have an attached or detached garage of not
less than two vehicles.
10. All tri-levels, splits, 2 story bi-levels, daylight or walkout
basement homes to have 2 ,000 sq. ft. overall excluding
garages, patios and screened porches.
11. Time for construction: The construction shall begin within
three (3) months of the Association's approval of said
structure. The construction of a family dwelling together
with other permissible buildings set forth in these Covenants,
shall be fully completed within six (6) months after the date
of commencement of their construction, unless the Association
agrees to an extension which shall not exceed six (6) months.
12 . Out Buildings: Out buildings, such as barns and sheds for
storage of lawn furniture, yard equipment, and permissible
livestock, which are well constructed and of neat appearance
and which size, design, and location have been approved by the
Association may be constructed.
13 . Animals: Animals shall be allowed subject to the existing
Weld County Agricultural Zoning Regulation except swine will
not be allowed except for 4-H or FFA projects only. No Lot
shall be over grazed and the grazing of animals shall not
change the character of the Lots. All animals shall be
confined by a fence within the Lot. All fencing shall allow
for free movement of wildlife.
14 . Nuisance: Nothing shall be done or permitted on any Lot
which is or may become a nuisance. No obnoxious or offensive
activities or commercial business or trades shall be
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conducted on any Lot, except home occupations and home
businesses as defined and permitted by the zoning resolution
of Weld County, Colorado, or other governmental entities
having jurisdiction over the Property. No lot shall be used,
in whole or in part, for the storage of any property or thing
that will cause such Lot to appear in an unclean or untidy
condition or that will create an eyesore. No substance,
thing, or material which emits foul or obnoxious odors, except
livestock, or causes any noise that might disturb the peace,
quiet, comfort, or serenity of the occupants of surrounding
Lots shall be permitted on any Lot.
15. Garbage and Refuse Disposal: No lot or portion there of
shall be used or maintained as a dumping ground for rubbish,
garbage, trash, junk, or any other type of waste. All trash,
garbage and other waste arising from residential use shall be
kept in sanitary containers. The owner of each lot shall be
obligated to keep the same free from weeds, fire and health
hazards. Each Owner shall keep or cause to be kept all
buildings, fences, and other structures located on his Lot in
good repair.
16. Storage of Vehicles: No on street parking of vehicles shall
be allowed on the cul-de-sac or public roadway on the
property. Inoperative or unlicensed vehicles shall not be
allowed to be stored or permitted to remain upon a Lot.
17 . Tree Removal: The existing trees located along the Southern
portion of Lots 3 and 4 shall not be removed for any purpose
except safety purposes or tree health purposes.
18. Resubdivision: No Lot may be further subdivided. This
provision shall not be construed to prohibit or prevent the
dedication or conveyance of any portion of a Lot as an
easement for public utilities.
SECTION 3 : DITCH AND ROAD ASSESSMENTS AND MAINTENANCE
19 . Transfer of Water Stock: Prior to the sale of all Lots
within the Property, the Declarant shall transfer to the
Association a total of an undivided 1/2 share of the Whitney
Ditch Company. The water delivered to the Property as a
result of ownership by the Association of the Water Stock
shall be divided so that each Lot shall receive 1/4 of the
allocation of the Associations water.
20. Ditch Assessments: The Association shall be responsible for
the transmission ditches. In addition to the annual Common
Assessments, the Association may levy, in any assessment year,
a ditch assessment ("Ditch Assessment") applicable to that
year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair,
3
B 1410 REC 02358287 11/05/93 09 :37 $25 . 00 3/005
F 1265 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
.9x1028
replacement and or maintenance of the Transmission Ditch
serving the property from WCR 64 and transmitting waters to
each Lot including fixtures and personal property related
thereto.
21. Ditch Maintenance Obligations: The Owners on which Lots
irrigation distribution Ditches are located shall have the
responsibility for maintenance, repair, renovation and manage
the Distribution Ditch in a good, clean, attractive and
sanitary condition, order and repair from the point at which
the Association delivers irrigation water throughout the
remainder of such Owner's Lot.
22 . All Landowners within the Subdivision are responsible for one
fourth 1/4 of the Road Maintenance and Transmission Ditch
Maintenance from Weld County Road number 64 within the
Subdivision.
23 . Said Landowners agree to elect by 3/4 vote a Trustee, the
Trustee shall have the power to assess and collect Road
Maintenance and Transmission Ditch Maintenance on a prorata
basis which shall be binding upon said property owners within
the Subdivision. The total cost of said Road Maintenance and
Transmission Ditch Maintenance shall be divided among the
Landowners on an equal four way split. Said trustee must be
one of the Landowners, and shall be elected for one year
terms. The acceptance and the recording of a deed conveying
fee simple title to a plot of land within the subdivision
shall constitute consent by the grantee to abide by the
provisions of this Road Maintenance and Transmission Ditch
Maintenance, which shall be perpetual unless specifically
released by the Board of County Commissioners of Weld County
or municipality should the subdivision be annexed at a future
date.
24 . Non payment of such assessments within 30 days of billing
shall result in the paying Member or Members being entitled
to recover all costs and expenses incurred to collect the
delinquent assessments plus interest at the rate of 18% per
annum plus reasonable attorneys fees. No owner may exempt
himself from liability to pay any assessment.
SECTION 4 : GENERAL PROVISIONS
25. These covenants are to run with the land and shall be binding
on all parties and all persons claiming under them for a
period of 10 years from the date these covenants are recorded
after which time said covenants shall be automatically
extended for successive periods of 10 years, unless an
instrument signed by a majority of the then owners of the Lots
has been recorded agreeing to change said covenants in whole
or in part.
4
B 1410 REC 02358287 11/05/93 09 : 37 $25 .00 4/005
F 1266 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO .931(12A
26. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to
violate any covenants, either to restrain violation or to
recover damages.
27 . Invalidation of any of these covenants by judgement or court
order shall in no way affect any of the other provisions which
shall remain in full force and effect.
Ed Orr
STATE OF COLORADO )
SS
COUNTY OF WELD
The forgoing instrument was acknowledged before me this 073 day
of C3,- f) k eY-X\\ c , 1913 by Ed Orr.
Witness my hand and official seal.
My commission expires: / 1 i
\ \\\\\)) 4
Notary Public
5
B 1410 PEC 02358287 11/05/93 09: 37 $25.00 505
F 1267 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
931028
-Nr),0
October 12, 1993 �1
VU YN
W A
b 1
Lee Morrison
Assistant Weld County Attorney
Dear Lee,
Enclosed is the cash deposit in the amount of $10,825.00, (in J
certified funds) , for the amount required as per the Improvements
agreement for the Orr Minor Subdivision. Al
It is my understanding that the money can be held in an
interest bearing account and when the funds are released back to
me it will include the interest earned on the deposit.
If you have any questions or comments please call me at 351-
8777.
Best Regards,
hill; :).__
Ed Orr
(1
EO:pd
"Let us help you put your brand
-\70)4 on a ranch or farm."
1 of.Et LA ATri
iti , .,, C0XVIP.S.NY y�
801 8th Street, Suite 230
Greeley, Colorado 80631
(303) 351-8777
- Elf«xs- ie►a►a"iia�ia�'atll4�FlEl�E_EEIEtt`llE�e�'
93102$
Sr
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N
September 23, 1993
d
Board of County Commissioners '2
Attn: Lee Morrison
Dear Mr. Morrison; A
Enclosed is an executed Improvements Agreement for the Orr
Minor Subdivision. I have amended Exhibit A of the agreement to
reflect the actual costs of Improvements as per the bids which I
have received.
I have elected to deposit with the County cash in the amount
of 100% of the value of improvements according to paragraph 8 . 5 of
the improvement agreement. If you have any further questions feel
free to call. e
Sincerely,
Ed Orr
VV EO:pd
enclosures
I
"Let us help you put your brand
1 \V on a ranch or farm."
on Ft LAN D
CO1%IPAN'Y I y
Sy1) 801 8th Street, Suite 230 `
Greeley, Colorado 80631
(303) 351-8777
931028
RINEHART CONSTRUCTION J., INC. ir_edoU JS JL
14742 Weld County Rd. #64
GREELEY, COLORADO 80631
Page No. of Pages
Mo
Phone 352-3949 ,� -c.- '
L�2,J/c3 eaa--.1
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To: !t `- ��� rL ,'� G' Z7'
il
''IION,; DATI; "
1 CO s 7,:1(9e7 / 3
We hereby submit specifications and estimates for:
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< 1 Cd cte_ .._( ..: t �� ./tEserce U .e v can,end+T,. GF� Z.$
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WE PROPOSE hereby to furnish material and labor—complete in accordance with these specifications.for the sum of:
2(7 S�^cox:+
Payable as Gdlows: - _ dollars(S E/ 1.
111 molt t 1 ID l ":pcilieLNl work tube mil lritr aworkmanlike manner �j a
II 4I 1 -1 i ❑ A y la f I I' r- b vt 1 10' lions Involving Authorize( f//
ru a,oeb II I, t. r 1 only upon rilleo aulets. r d will become a extra clang(mar Signature Le.(
dad :don tin isiiiiia«i All tk l' titling, nl upon strikes.:let ideals or delays beyond
iim nnl ,I Dm., -n early lire.mead and li nu try Insurance.Our workers are fully NOTE:This proposal may be withdrawn
(moot le win'tee n'.compel's:me.lcumm.(- by us If not accepted within days
/ ACCEPTANCE OF PROPOSAL—The prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do
the work as specified.Payment will be made as outlined above.
Siguulurr_. __ Date— Signature—._ —_— Dale
-i`.I l K ._.Galan 1'.Tn Tie'nn0 E(Tai FREE I.9W-Yd-diRt
9:31.02S
NOTICE TO CUSTOMER First National Bank of GraoMV
AS A CONDITION TO THIS INSTITUTION'S ISSUANCE / FIRST IIwo Gmel'kUF
OF THIS CHECK,PURCHASER AGREES TO PROVIDE /NATIONAL/ B°''0320,,,,a,„„,063, NO 13 977
AN INDEMNITY BOND PRIOR TO THE REFUND OR l/ G�
REPLACEMENT OF THIS CHECK IN THE EVENT IT IS BANK 13031356O 2700
C
Memter FOK
LOST, MISPLACED, OR STOLEN.
REMITTER Ed Orr slh 10-12 19 93
82-191/1070
pAT
TO THE
ORDER OF******************Weld cninity*********************** OTR2S nca—_—_
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I, i IIRII li.•I „r•',I hy i;i'i (� Muhl �I11111I III~...I
1 T L, • l 1 ' �IIIII� i�•,� I•" I 'I" ti!Ili!i i VOID AFTER 6 MONTHS FROM DATE OF ISSUE
CASHIER'S CHECK /(III THORRED,S16"SIGNA
TURE
WFS BID RE013977ila is 10 700 19 1 5i: 0957 29"
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