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Home My WebLink About920284.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: GRANT FINAL P.U.D. (PLANNED UNIT DEVELOPMENT) PLAN, FIRST FILING, AND SITE SPECIFIC DEVELOPMENT PLAN - HARRISON RESOURCE CORPORATION 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, a public hearing was held on the 25th day of March, 1992, at 10:00 a.m. for the purpose of hearing the application of Harrison Resource Corporation, 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525, requesting a Final P.U.D. (Planned Unit Development) Plan, First Filing, and Site Specific Development Plan for a parcel of land located on the following described real estate, to-wit: Part of the NE; of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Craig Harrison, and WHEREAS, Section 28.8 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.5 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.8 of the Weld County Zoning Ordinance as follows: a. The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. In a memo dated February 9, 1992, the Town of Severance reviewed the request and found no conflict with its interest. b. The P.U.D. Plan conforms to the P.U.D. District. The Utility Coordinating Advisory Committee reviewed and approved the P.U.D. utility plan at its January 23 meeting. PL0847 920284 pt674/7 cc : Pi, 13 la 1"� (c&) FINAL PUD PLAN - HARRISON RESOURCE CORPORATION PAGE 2 c. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. d. The P.U.D. Plan site is not located in an Overlay District Area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Harrison Resource Corporation for a Final P.U.D. Plan, First Filing, and Site Specific Development Plan on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the P.U.D. Plan plat: a. The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral in two phases. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. b. The deed restrictions for Lots 6, 7, 8, 9, 10, and 11 in Phase 2 of the subdivision improvements agreement shall be reviewed and approved by the Weld County Attorney's Office. 2. The following notes shall be placed on the P.U.D. Plan plat: a. The uses permitted within the P.U.D. Plan, First Filing, consist of R-1 (Low Density Residential) and A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. b. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. c. All lots within the P.U.D. Plan, First Filing, shall comply with the requirements of the Windsor-Severance Fire Protection District. d. All streets within the P.U.D. Plan, First Filing, are private and shall be built to County Standards. All streets within the P.U.D. Plan, First Filing, shall be maintained by the homeowners association, lot owner, and/or developer. e. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. 920284 FINAL PUD PLAN - HARRISON RESOURCE CORPORATION PAGE 3 f. North Weld County Water District shall provide domestic water to the residential uses. g. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. h. The maximum building height shall be 40 feet. i. The minimum setback requirement shall be 20 feet. j . The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. k. No home business, commercial use, or noncommercial junkyard shall be allowed in the P.U.D. Plan, First Filing. 1. Drilling for oil and gas within the P.U.D. Plan, First Filing, is a use by right. m. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations in the P.U.D. Plan, First Filing. n. The Subdivision Improvements Agreement which guarantees construction of certain required improvements of the Final P.U.D. Plan may be approved in two phases. Development within the P.U.D. Plan will only be allowed to the extent a subdivision improvements agreement is approved for each phase. o. A deed restriction shall be recorded for the purpose of regulating development of Lots 6, 7, 8, 9, 10, and 11 in Phase 2 until a new subdivision improvements agreement has been approved for Phase 2 by the Board of County Commissioners. P. Animal unit bulk requirements shall be as follows: (1) One horse equals one unit; (2) One cow equals one unit; (3) One llama equals one unit; (4) Two sheep or goats equal one unit; (5) Four rabbits equal one unit; (6) Four chickens, ducks, or other poultry equal one unit; and (7) Swine shall not be permitted within the P.U.D. Plan. q. Lots 1, 2, 3, 4, 5, 8, 9, 10 and 11 shall have a maximum of 5 animal units. 920284 FINAL PUD PLAN - HARRISON RESOURCE CORPORATION PAGE 4 r. Lots 6 and 7 shall be allowed a maximum of 7 animal units. s. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. t. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: (1) The architectural control committee has approved the plans for the single family dwelling and/or outbuilding. (2) The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan, First Filing. The above and foregoing Resolution was, on motion duly made and seconded, adopted b the following vote on the 25th day of March, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: y4(q' / �� WELD COUNTY, COLORADO Weld County Clerk to the Board GS' C t �a' or a Ke nedy, Chairman BY: 4-Lam-//16/-Ke lis (41-7,2,-IlXee /1y1-1.4-w/ Deputy Clerk to the Boat Constance L. Harbert, Pro-Tem APPROVED AS T FORM: 4 C. W. Kir County Attorney Gord ac W. H. We ster 920284 HEARING CERTIFICATION DOCKET NO. 92-13 RE: FINAL P.U.D. PLAN, FIRST FILING, AND SITE SPECIFIC DEVELOPMENT PLAN - HARRISON RESOURCE CORPORATION A public hearing was conducted on March 25, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated February 19, 1992, and duly published February 20, 1992, in The New News, a public hearing was conducted to consider the request of Harrison Resource Corporation for a Final P.U.D. Plan, First Filing, and Site Specific Development Plan. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, read the favorable Resolution of the Planning Commission into the record. Ms. Swanson said the Town of Windsor has also recommended approval. Craig Harrison, applicant, answered questions of the Board concerning mineral rights and drill sites. Mr. Harrison said there has been one lot added to the plat and explained the change on the map. Commissioner Lacy questioned whether there has been approval from the North Weld Water District. Mr. Harrison and Ms. Swanson confirmed that there is a committment from North Weld to supply water. There was further discussion concerning mineral rights and drilling on site. Commissioner Kirby said his concerns for controlling mineral rights are mitigated since this will be low density. Commissioner Webster moved to approve the request of Harrison Resource Corporation for a Final P.U.D. Plan, First Filing, and Site Specific Development Plan, based on the recommendation of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Harbert. In response to a question from Commissioner Lacy, Mr. Morrison explained the "Township One South Order". The motion carried unanimously. This Certification was approved on the 30th day of March, 1992. /�J�' APPROVED: ATTEST , BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: _ George Ke nedy, Chairman Deputy Clerk to the oars Constance L. Harbert, Pro-Tem TAPE #92-10 C. W. Kir y DOCKET #92-13 Gor o ac PL0847 W. H. s er 920284 GC_ PL. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25th DAY OF March 1992; DOCKET # 92-13 - Harrison Resource Corporation, Final PUD Plan, 1st Filing DOCKET U 92-15 - Lyle J. and Betty L. Picraux, Show Cause (CUD 112312) DOCKET II 91-61 - Laku Landing, c/o Yastrow and Hocking, Show Cause (USR #908) DOCKET II PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING r /Cir1 if: /Je'./ ✓'a._15l'// cti"tk,Jt'r ( C/ 9j 47 c. ( y C ° 9 4 / L..y /E �_ el/k+l :)2l'C�Cn 2 ��)i L/n�l',n u„-� I��".� rf. L;.��I�f �� i3t- Skctnnk) 51 • , km, Za1 1/ `r x // — 1aR'�C� t'a'r D I u,1 t P7 C o 'ir) ;)o t3c,>c. >/a,17ra'./c/2 (277e,(277e,> , �, /.f?ia'Ad /Air e y/4nr L)FL/!/,-/ ' ('6 4r,J 3 \ - c ;' - `/ 7®TIT her ci 's A e9, /36 x 'do ai /sue-- '2'9/- 61 (- eve ;-t-T---)1 Iniscnl PO I501 l6 tvimbci- 'i(I1 - Z' 1 �4 rr.3[%c<- -� n •M, y �G' g i G Gcam/ ! >'/ 444/.4)/ /IOCr/N C,- to lacy :3'3.2 frt t'ufd,C co 2/- (/ 77,2 f f 1= //�'i'r/'c-v. !Se_,I.,." 3.� 4-1.4 .mss a c , S is' c / t �, l a / 011 i/ An 6 , e< Aycf7-r / 320:28.4 NOTICE The Board of County Commissioners of Weld County, Colorado, on March 25, 1992, conditionally approved a Final P.U.D. Plan, First Filing, and Site Specific Development Plan for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Harrison Resource Corporation 760 Whalers Way, Suite A200 Fort Collins, Colorado 80525 LEGAL DESCRIPTION: Part of the NE! of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: R-1 (Low Density Residential) and A (Agricultural) uses SIZE OF PARCEL: 76. 75 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: c�JMCXnf . th Deputy ClerlEg to the Board PUBLISHED: April 2, 1992, in The New News 920.284 WELD COUNTY rO J '� STATE OF COLORADO ) r ' COUNTY OF WELD s.s• I997APR I 0 Asti 8: 57 ) David B. Reynolds, bean CLERK says that he is a duly sworn, TO THE BOARD Publisher The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and • uninterruptedly • Published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado,, entitled "An Act to regulate the printing of legal mmm notices and advertisements, " and amendments thereto; that the notice ,kH,.ad 11a°�d e* well Site of which the annexed is a printed waaaebMa* copy taken from said newspaper, was . F specific Development P for the published in said newspaper, and in ��' a�reVa' d uns per° the regular and entire issue of �`�� s`°�`d`Iz every number thereof , p,�e r I� e l d nrFucnNT e SUlte once a week for L.-.."K�"' ,j0N: per, d,tic successive weeks; 1` /4deee'd�5 T°"� 6N°Q that said notice swea�lr� smm, wexl was so published in 'said newspaper Tc°° ' r pNp INTENSITY OF proper and not in an pp t �ppaovr� USE: R"' thereof any,supplement lemen � larden� and that the firstgm publication of said notice as F a % 'cc leSs swic. a.) the "°� aforesaid, was on the d °IY BOOu OSSIONTRS NTY,_.wARDEN. aaay of • y . .19 ,3 ,. ' atoRADo fi n kit l r t . la a -and ..+L. • ma ' r the last on the � day of I\ i c , Subscribed and s rn to before me this .day of.- 6inLe 2,-. , 19 • Iwy Commission Expires March 15, 19% NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit 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: 92-13 APPLICANT Harrison Resource Corporation 760 Whalers Way, Suite A200 Ft. Collins, Colorado 80525 DATE: March 25, 1992 TIME: 10:00 a.m. REQUEST: A Final P.U.D. Plan, 1st Filing, and Site Specific Development Plan LEGAL DESCRIPTION: Part of the NE',- of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: West of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: February 19, 1992 PUBLISHED: February 20, 1992 in The New News Xf118r ____ . . STATE OF COLORADO ) COUNTY OF WELD )c.s. David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been Continously and uninterruptedly . published therein, during a period of at least NOTICE fifty-two consecutive weeks prior to Pu5„a��t w o-w 'uv< m"' ar the first Sham J Giluadu wul WeM1 Cuui publication pofa the annexed �m Qa9wse,a ud w hwv tai notice; that said newspaper is aa: h aw s lo-e newspaper of CuuR} Ca,massiouers of Wum P per within the meaning of the caa�t}, colotado wad c.u,.n} Cn9nvual Cn�tu 19d,Saix9.Fuss. act of the General Assembly of the cut G at u m,e State of Coloradosix ihu. All µn a th St t,�u�u ,. entitled "An Act urteelaras m the Site. SppecII rim FLu,dtl Sµ4rd Hcv¢�+. to regulate the printing of legal Funs are Mq m e+�. �� notices and advertisements, " and ay5rwaa. . Stuild QK awurefrt Awa'9Na+s1<v amendments thereto; ° dsae aae.at" mat that the notice rel�tet. w wake a tre5t'd� tlu ptcrx �:t m arHL¢w, m tlx, 9aW4 of which the annexed is a printed .u�" A"n eaaa copy taken from said newspaper, was such when at least aa�s'mm' published in said newspaper, and inmat !limner oar the regular and entire issue of sbew""t °°t every number thereof, cu`avy"�wu u .° eWhi ,wd�a.a hi the a of of clod,to nand d Caw,C Cu,wassrea2 once a week for Gne e'm Ilx: weal Cua� CuAuum.{ =I 915 10Ut Sued, Thud Ft", I successive weeks; that said notice CoLaaJu fiG: rola APP11 AIiT Harrison Fesource was so published in 'said "newspaper anus - � wTram�s w�a • ""m Proper and not in an ° Ft cCWlvm.Co4�°r any supplement DATB: mlarm thereof , and that the first ""'� 10 U°""`Filing,lad it Final Swig( D. FWy Let Filing, lad Site Sp+�Cic 0.uiLM'uwM1 publication of said notice as aforesaid, was on the 1Frn DFSCFII TGh: Fat uw i�E1/4 of Sutiui 5,Tv,Ata 5 M1uUy Fm 6! Wut d dx VYI, t'.67., w'elu Cund�. N: W O Clay of [4.1 Q LC(.A Glr: Wtat d ad adjauvM1 Wail Y V `� _, 19 12 • - SYa4: F11��ixey 257 ad awh d .ur' adjn,."edla weYJ goARD GE COUN 1' mmmussiaNEFs and the last on the a0 day of wan cc mn' CGGT1 F1': Gcnnlob.wnF��s wtitn cGt'n'n'c1�F1;T ecac>; F1': Cx:tb livawt: 1111 • /.9( 9 2 • r� n ae:+.w a Faa,a \' B GATED: F dawu) 21,1932 �S el,�l.vslsl;: F�w,1,�> �. 199z �: 71u SeM \ams Subscribed and sworn to before me this Adday of fY2eLec , 19.2Z , ..Carn..ra t 1. Qa-,�s— • MY Comrn c qk n C.TJ(pr Mj,.i ,hiFa©nn 9?02,131 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-13, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 3rd day of March, 1992.ca-OctDeputy Cle to the Board Annette A. Leazer 2801 Dunbar Avenue Ft. Collins, Colorado 80526 Amigo Farms, Inc. 1200 Carousel, Suite 100 Windsor, Colorado 80550 Joy A. Jefferson 35 Martin Lane Englewood, Colorado 80110 Peter C. and Nancy D. Hyland 2512 Falcon Road Ft. Collins, Colorado 80526 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, Colorado 80550 K & M Company 3201 Shore Road Ft. Collins, Colorado 80524 Lucille P. Stockover 39 Ward Drive - Suite 201 Greeley, Colorado 80634 Luana M. Simmons 2930 Silverwood Drive Ft. Collins, Colorado 80525 Colorado Land Services 5411 Gunbarrel Circle Longmont, Colorado 80503 Harrison Resource Corporation 760 Whalers Way, Suite A200 Ft. Collins, Colorado 80525 97,0284 12€202G Iri lc) MU 4 . 1 ' 1 r/ -1 c: O H r r ''4'.f:', tCLLO dim 4 WI$ZW v zao7z'❑ Hz wct to ., ,, ai•i Y'HU'IO UT O ❑ `.=:� `�� ratan. n ' ',-, -f z �FC7hh- c: a ILZOWZ 0) c'o LiKetc..1% N nfr347_ C_ Ln• rAW�z �`' o 0 ik:ODIr. �+G LL. Iii 1 r:. zoU I C3� X517 2 y -7 S u alsWiw �l .Q` \ 0 CC m w I f- 0 f- Cr U • _4%' �oP� LE 00Vd0l00'A3133tl0-991 XO9'OA Th -:* , ;:; DEPARTMENT OF PLANNING SERVICES j >'' `v'� PHONE(303)356-4000,EXT.4400 �= „ \\ 915 10th STREET lliDc .` -..< ',r h91/ ,. , , FJ5 L L , H COLORADO January 2, 1992 CASE NUMBER: S-319 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Site Specific Development Plan and a Final P.U.D. Plan, 1st Filing. The parcel of land is described as part of the NE4 of Section 5, 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 west of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 16, 1992, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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. L.---- 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: ;),. n.✓ //re�/./iuzni Agency: /.3,e4.771-tee-Z, -S Date: .t/la 9 -111 920284 Exhibri-E , MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING February 4, 1992 Page 2 The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jean Hoffman moved Case Number Z-465 with Development Standards and Conditions of Approval, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Judy Yamaguchi seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion unanimously carried. CASE NUMBER: S-319 APPLICANT: Harrison Resource Corporation REQUEST: A Final P.U.D. Plan, 1st Filing and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. Craig Harrison, applicant, asked if anyone on the Planning Commission had any questions regarding this proposal. Jean Hoffman asked him to explain about the redesign of the proposal. Craig Harrison showed on the display map where they had changed a cul-de-sac at the recommendation of Weld County Engineering. Bill O'Hare asked what the applicant had in mind for the Commercial zone area. Craig Harrison explained the zoning only included C-1 and C-2 zoning. Public sewer would be required to build. This is a very strategic intersection. Jean Hoffman asked what is the maximum height for commercial buildings. Craig Harrison said maximum height was 40 feet. Shirley Camenisch asked about ground water levels in the area. Craig Harrison explained they had gone the extra mile and soil tested each site. Ground water is no problem. Rod Allison said this was part of the application process, they have to meet Weld County Standards. Lee Morrison explained foundations don't have to be engineer designed if ground water elevation and soils test meet requirements. The Chairman asked if there was anyone in the audience who wished to speak for or against the application. Manuel Peneda, surrounding property owner, wanted to go on record as being in favor of this application. 920284 E, AN131T SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING February 4, 1992 Page 3 Scott Jefferson, surrounding property owner, said he is concerned about the phasing process. He is concerned the 1st Phase will put him out of business too early. A discussion followed regarding previous applications and agreements between Scott Jefferson and Craig Harrison. Don Feldhaus moved Case Number S-319 be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion unanimously carried. Meeting adjourned at 2:15 p.m. Respectfully ed, Sharyn . Ruff Secretary 92028 at.33 C BEFORE THE WELD COUNTY, COLORADO, PLANNINTTPRIBLC* . `' 2 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CONES-LONERS TO THE Moved by Don Feldhaus that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: S-319 NAME: Harrison Resource Corporation ADDRESS: 760 Whalers Way, Suite A200 Ft. Collins, CO 80525 REQUEST: A Final P.U.D. Plan, 1st Filing, and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (P.U.D. ) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. In a memo dated February 9, 1992, the Town of Severance reviewed the request and found no conflict with its interest. The P.U.D. Plan conforms to the P.U.D. District. The Utility Coordinating Advisory Committee reviewed and approved the P.U.D. utility plan at its January 23rd meeting. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. The P.U.D. Plan site is not located in an Overlay District Area. 92;0284 t x}-06 i 13 RESOLUTION, S-319 Harrison Resource Corporation Page 2 These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning staff's recommendation for approval is conditional upon the following: 1. Prior to recording the P.U.D. plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral in two phases. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The deed restrictions for Lots 6, 7, 8, 9, 10, and 11 in Phase 2 of the subdivision improvements shall be reviewed and approved by the Weld County Attorney's Office. 2. The following notes shall be placed on the P.U.D. plan plat: The uses permitted within the P.U.D. Plan, 1st Filing, consist of R-1 (Low Density Residential) and A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. All lots with the P.U.D. Plan, 1st Filing, shall comply with the requirements of the Windsor-Severance Fire Protection District. All streets within the P.U.D. Plan 1st Filing, are private and shall be built to County Standards. All streets within the P.U.D. Plan, 1st Filing, shall be maintained by the homeowners association, lot owner, and/or developer. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. North Weld County Water District shall provide domestic water to the residential uses. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. 9740284 RESOLUTION, S-319 Harrison Resource Corporation Page 3 No home business, commercial use, or noncommercial junkyard shall be allowed in the P.U.D. Plan, 1st Filing. Drilling for oil and gas within the P.U.D. Plan, 1st Filing, is a use by right. A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations in the P.U.D. Plan 1st Filing. The Subdivision Improvements Agreement which guarantees construction of certain required improvements of the Final P.U.D. Plan may be approved in two phases. Development within the P.U.D. Plan will only be allowed to the extent a subdivision improvements agreement is approved for each phase. A deed restriction shall be recorded for the purpose of regulating development of Lots 6, 7, 8, 9, 10, and 11 in Phase Two until a new subdivision improvements agreement has been approved for phase two by the Board of County Commissioners. Animal unit bulk requirements shall be as follows: one horse equals one unit; one cow equals one unit; one llama equals one unit; Two sheep or goats equal one unit; Four rabbits equal one unit; Four chickens, ducks, or other poultry equal one unit; and Swine shall not be permitted within the P.U.D. plan. Lots 1, 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall have a maximum of 5 animal units. Lots 6 and 7 shall be allowed a maximum of 7 animal units. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: The architectural control committee has approved the plans for the single family dwelling and/or outbuilding. The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan, 1st Filing. RESOLUTION, S-319 Harrison Resource Corporation Page 4 Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Judy Yamaguchi Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on February 4, 1992. Dated the 4th of February, 1992. - 41 Sharyn F. Ruff Secretary 970281 RESOLUTION, S-319 Harrison Resource Corporation Page 5 ADDITIONAL COMMENTS Harrison Resource Corporation S-319 1. The Town of Windsor will review this application at its February 6th meeting. The Town's recommendation will be forwarded to the Board of County Commissioners when it's received. The Town did approve the sketch plan and P.U.D. District applications. 2. The Weld County School District RE-4 is requesting a fee of $463.13 per dwelling unit. Historically this type of impact fee is paid by the applicant prior to recording the P.U.D. Plan plat. The applicant has negotiated with representatives of the school district to have this fee paid by the lot owner before releasing a building permit. The staff is recommending a note be placed on the plat to reflect what has been negotiated between the school district and the applicant. 9'74(12841 JJ INVITEMS INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: gArc/5, PeSOKrce Case Number: S 3�C1 i Submitted or Prepared Prior to Hearing At Hearing 1. Application Pages log 2. Application plat(s) page (2-) 3. DPS Referral Summary Sheet • 4. DPS Recommendation 5. DPS Surrounding Property Owner' s Mailing List 6. DPS Mineral Owner's Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case File Summary Sheet 10. DPS Field Check al. u+;l,+y Pkm mA,-- 1 'At& 11. j'lrec+ / /AN g. p,-44:/e _ I 7 13. feru,'cC Pe .I I`1- ?rq.Ns Mew. — / r,L-- r f. TWN of cev'e,G,.w,_, ?fl4 p I l 751— ) r-/`° i //z342 Wi' 7, d' �7c�,t7, M errs I �` 121 f Z It-, yN'Awe_ (t+�' metro r pole' I . S1.erIfPI Pert. pre,.,,.e I/ufe, I/F/5 2— o LCNN+`I EN5,Nfe , I it //Zy/9y zl . w. .I�,i�, Merne - (ear- — /AO L I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on 4u4wirmt Planner fr'NL, STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 7 day of /`�fJ\(,A0.`c,,( 19c SEAL ��/�ti✓��/ d-'�4 .mil!-��-�P ,y NOT Y PUBLIC My Commission Expires 4 —'.5 - 97 9?,0284 Extt 1i ft ?XHIBIT INVENTORY CONTROL SHEET Case (3(4 Q - Exhibit Submitted By Exhibit Description 9-1 - 1�ock , A. /?71--4 11-�,,., B. c. g):; 1-1,t_tt 3/, D. .Tto A/AU E. t,k) 4.t2 NrItp'D.LA 4 .fin - nONVittO F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 9:7,1128.41 CASE NUMBER: S-319 NAME: Harrison Resource Corporation ADDRESS: 760 Whalers Way, Suite A200 Ft. Collins, CO 80525 REQUEST: A Final P.U.D. Plan, 1st Filing, and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (P.U.D.) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: The proposed P.U.D. Plan is consistent with the Weld County Comprehensive Plan and is compatible with future development as permitted by the existing P.U.D. District and plans of affected municipalities. In a memo dated February 9, 1992, the Town of Severance reviewed the request and found no conflict with its interest. The P.U.D. Plan conforms to the P.U.D. District. The Utility Coordinating Advisory Committee reviewed and approved the P.U.D. utility plan at its January 23rd meeting. The proposed P.U.D. Plan conforms with the performance standards in Section 35.3 of the Zoning Ordinance. The P.U.D. Plan site is not located in an Overlay District Area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning staff's recommendation for approval is conditional upon the following: 1. Prior to recording the P.U.D. plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral in two phases. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 9441284 RECOMMENDATION, S-319 Harrison Resource Corporation Page 2 The deed restrictions for Lots 6, 7, 8, 9, 10, and 11 in Phase 2 of the subdivision improvements shall be reviewed and approved by the Weld County Attorney' s Office. 2. The following notes shall be placed on the P.U.D. plan plat: The uses permitted within the P.U.D. Plan, 1st Filing, consist of R-1 (Low Density Residential) and A (Agricultural) uses as listed in the Weld County Zoning Ordinance and described in the application materials. Approval of this plan may create a vested property right pursuant to Section 90 of the Zoning Ordinance. All lots with the P.U.D. Plan, 1st Filing, shall comply with the requirements of the Windsor-Severance Fire Protection District. All streets within the P.U.D. Plan 1st Filing, are private and shall be built to County Standards. All streets within the P.U.D. Plan, 1st Filing, shall be maintained by the homeowners association, lot owner, and/or developer. Installation of utilities shall comply with Section 8-16 (Underground Utilities) of the Weld County Subdivision Regulations. North Weld County Water District shall provide domestic water to the residential uses. Sewer service is to be provided by individual septic design systems approved by the Weld County Health Department. The maximum building height shall be 40 feet. The minimum setback requirement shall be 20 feet. The minimum offset requirement shall be five feet or one foot for each three feet of building height, whichever is greater. No home business, commercial use, or noncommercial junkyard shall be allowed in the P.U.D. Plan, 1st Filing. Drilling for oil and gas within the P.U.D. Plan, 1st Filing, is a use by right. RECOMMENDATION, S-319 Harrison Resource Corporation Page 3 A qualified soils and foundation engineer shall both design and supervise the construction of all building foundations in the P.U.D. Plan 1st Filing. The Subdivision Improvements Agreement which guarantees construction of certain required improvements of the Final P.U.D. Plan may be approved in two phases. Development within the P.U.D. Plan will only be allowed to the extent a subdivision improvements agreement is approved for each phase. A deed restriction shall be recorded for the purpose of regulating development of Lots 6, 7, 8, 9, 10, and 11 in Phase Two until a new subdivision improvements agreement has been approved for phase two by the Board of County Commissioners. Animal unit bulk requirements shall be as follows: one horse equals one unit; one cow equals one unit; one llama equals one unit; Two sheep or goats equal one unit; Four rabbits equal one unit; Four chickens, ducks, or other poultry equal one unit; and Swine shall not be permitted within the P.U.D. plan. Lots 1, 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall have a maximum of 5 animal units. Lots 6 and 7 shall be allowed a maximum of 7 animal units. Each lot shall be allowed a maximum of 2 adult dogs and 2 adult cats. Prior to releasing a building permit the lot owner shall provide evidence to the Department of Planning Services' staff that: The architectural control committee has approved the plans for the single family dwelling and/or outbuilding. The fee for each lot has been paid to the Windsor School District RE-4 to mitigate expected impacts by this P.U.D. Plan, 1st Filing. 32028.4 ADDITIONAL COMMENTS Harrison Resource Corporation S-319 1. The Town of Windsor will review this application at its February 6th meeting. The Town's recommendation will be forwarded to the Board of County Commissioners when it's received. The Town did approve the sketch plan and P.U.D. District applications. 2. The Weld County School District RE-4 is requesting a fee of $463.13 per dwelling unit. Historically this type of impact fee is paid by the applicant prior to recording the P.U.D. Plan plat. The applicant has negotiated with representatives of the school district to have this fee paid by the lot owner before releasing a building permit. The staff is recommending a note be placed on the plat to reflect what has been negotiated between the school district and the applicant. B 1332 REC 02284134 04/13/92 10:53 $10 .00 1/002 F 0638 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A82284134 NOTICE CONCERNING RESTRICTION ON SALE OF LOTS NOTICE IS HEREBY GIVEN that Lots 6, 7 , 8, 9, 10, and 11, Valley View Ranch Planned Unit Development, Weld County, Colorado, the Plat for which was approved by the Board of County Commissioners for Weld County on March 25 , 1992 , are subject to a restriction on sale and "County building permits" will not be issued pursuant to that certain Agreement entered into between the Developer and the Board of County Commissioners of the County of Weld on Mnrrh 30 , 1992 . Said restriction on sale and said County building permit hold shall remain in full force and effect until specifically released in writing pursuant to resolution of the Board of County Commissioners for Weld County, Colorado. DATED this (-21Q day of nAA"I , 1992 . BOARD OF COUNTY COMMISSIONERS ATTEST; OF WELD COUNTY `rat . By _a - Deputy ; ActirL; Clerk irman of the B dV '\r oEC IVE DEVELOPER: APR 2 1 1992 II HARRISON RESOURCE CORPORATION, w a.w ` •JP r!thIfl a Colorado • •ration u � P Timothy W. Has er, • - arrison, Presided Assistant Se retary r''• o1°" 9240284 B 1332 REC 0«84134 04/13/92 10: 53 .,10.00 2/002 F 0639 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of rtbrciAry , 1992 , by Craig D. Harrison, as President, and Timothy ✓W Hasler, as Assistant Secretary. .,, q,f HARRISON RESOURCE CORPORATION, a Colorado Corporation. 1ENi WITNESS my hand and official seal. / My commission expires: - PIJEAAt • '�� ci 44-c_ 'Foy c5\-° Notary Public - 2 - 92:628 B 1332 REC 02284135 04/13/92 10: 56 $210.00 1/042 F 0640 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2284135 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALT ,RY VIEW RANCH 97.0284 B 1332 REC 02284135 04/13/92 10 :56 $210 .00 2/042 F 0641 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TABLE OF CONTENTS Description Page ARTICLE I. DEFINITIONS 1 ARTICLE II. EASEMENTS AND WATER STOCK 4 Section 2. 01. Dedication of Easements 4 Utility easement 5 Open space easement 5 Cul-de-sac easement 5 Ditch easement 5 Drainage ditch easement 6 Section 2.02. Transfer of Water Stock 6 Section 2.03 . Improvements on Easements . . . . . . . 6 ARTICLE III. OWNER'S RIGHTS 6 Section 3 . 01. Maintenance Obligations 6 Section 3 . 02 . Owner's Rights 7 Section 3 . 03 . Delegation of Use 8 Section 3 . 04. Restriction of Use 8 ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS . . . 8 Section 4 .01. Membership 8 Section 4. 02 . Voting 8 Section 4. 03 . Association Rules and Regulations . . . 8 ARTICLE V. ASSESSMENTS 8 Section 5. 01. Personal Obligation of Owners for Common Expenses 8 Section 5. 02. Amount of Assessment 9 Section 5.03 . Maximum Annual Common Assessment . 9 Section 5.04 . Special Assessments for Capital Improvements 10 Section 5. 05. Ditch Assessments 10 Section 5.06. Notice and Ouorum for any Action Authorized Under Sections 5.03 , 5. 04 and 5.05 . . . 10 Section 5.07. Uniform Rate of Assessment 10 Section 5. 08. Date of Commencement of Annual Assessments; Due Dates 10 Section 5. 09. Water Assessment 11 Section 5. 10. Reimbursement Assessment 11 Section 5. 11. Exempt Property 12 ARTICLE VI. LIEN FOR NONPAYMENT OF ASSESSMENTS 12 Section 6. 01. Effect of Nonpayment of Assessments, Remedies of the Association 12 Section 6. 02 . Evidence of Lien 12 Section 6. 03 . Personal Obligation to Pay Assessments . 13 Section 6. 04 . Liability of Grantee 13 ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE 13 9 3G284 B 1332 REC 0. 84135 04/13/92 10:56 4 _10 .00 3/042 F 0642 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 7 . 01. Architectural Control Committee 14 Membership 14 Term 14 Decisions 14 Compensation 14 Delegation 14 Non-liability 14 Section 7 . 02 . Control 15 Section 7 . 03 . Submission 15 Section 7. 04 . Rules and Guidelines 16 Section 7. 05. Review of Plans and Specifications . . 16 Section 7. 06. No Waiver of Future Approval 16 Section 7 .07 . Construction 17 Section 7. 08. Landscaping 17 Section 7. 09. Variances 18 Section 7. 10. Use Restrictions and Building Type 18 Section 7. 11. Location of Residence Within Building Envelope 18 Section 7. 12. Temporary Structures 18 Section 7. 13 . Modular Construction 19 Section 7. 14. Temporary Use 19 Section 7. 15. Utilities 19 Section 7. 16. Building Size 19 Section 7 . 17 . Building Setbacks 20 Section 7 . 18 . Garages 20 Section 7 . 19 . Fences 20 Section 7 .20. Clotheslines 20 Section 7. 21. Antennas and Satellite Dishes 20 Section 7.22 . Storage of Vehicles 21 Section 7.23 . Maintenance of Lots and Improvements . 21 Section 7.24. Nuisance 21 Section 7.25. Animals 22 Section 7 .26. Damage or Destruction of Improvements . 23 Section 7 .27 . Storage Tanks and Containers 23 Section 7 .28 . Signs 24 Section 7.29. Trash Collection 24 Section 7 . 30. Color 24 Section 7 . 31. Culverts 24 Section 7. 32 . Resubdivision 24 Section 7 . 33 . Discharge of Weapons 25 Section 7 . 34 . Disturbing the Peace 25 Section 7. 35. Improvements on Lot 1 25 Section 7. 36. Roof Types 25 ARTICLE VIII. DRAINAGE 25 ARTICLE IX. INSURANCE 26 Section 9 . 01. Insurance 26 Section 9 . 02 . Insurance Requirements Generally . . . 26 Section 9. 03 . Easements Public Liability and Property Damage Insurance 27 Section 9 . 04 . Workmen's Compensation and Employer's Liability Insurance 27 Section 9 . 05. Association Fidelity Insurance 27 Section 9 . 06. Notice Upon Loss 27 22028°1 B 1332 REC 02i =135 04/13/92 10: 56 $2 .00 4/042 F 0643 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 9 . 07 . Other Insurance 27 ARTICLE X. DAMAGE OR DESTRUCTION 28 ARTICLE XI. CONDEMNATION 28 Proceeds 28 Condemnation Award 28 ARTICLE XII. ANNEXATION OF ADDITIONAL PROPERTY 30 Section 12 . 01. Annexation of Additional Real Property 30 Section 12.02. Documentation for Annexation 30 Section 12.03 . New Additions of Open Areas. Easements and Cul-de-sacs 30 ARTICLE XIII. GENERAL PROVISIONS 30 Section 13 . 01. Enforcement 30 Section 13 . 02 . Severability 31 Section 13 .03. Duration 31 Section 13 . 04. Amendment 31 Section 13.05. Limitations on the Association 31 Section 13 . 06. Management of Easements 32 Section 13 .07. Rights of First Mortgagees 32 Section 13 . 08. Notice of Default 32 (iii) 920284 B 1332 REC 02284135 04/13/92 10 :56 $210 .00 5/042 F 0644 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH THIS DECLARATION is made this 7 day of April, 1992, by HARRISON RESOURCE CORPORATION, a Colorado Corporation ("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 on Exhibit "A" attached hereto and incorporated herein by reference and 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. ARTICLE I. DEFINITIONS Section 1. 01. "Approval" or "Consent" shall mean securing the prior written approval or consent as required herein before doing, making, or suffering that for which such approval or consent is required. Section 1. 02 . "Architectural Control Committee" shall mean and refer to the committee established to review and approve plans for the construction of improvements on the Lots as set forth in Article VII of this Declaration. Section 1. 03 . "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of the Association, as the same may from time to time be amended. 92;0284 B 1332 REC 02 1135 04/13/92 10 :56 $" 1 ,00 6/042 F 0645 MARY ANN FEUERSTEIN CLERK & RECORDz.R WELD CO, CO Section 1. 04 . "Assessment" shall mean and refer to any assessment levied, charged, or assessed against an Owner and/or his Lot in accordance with the provisions of this Declaration. Section 1.05. "Association" shall mean and refer to Valley View Ranch Association, a Colorado Non-Profit Corporation, its successors and assigns. Section 1. 06. "Board" shall mean and refer to the Board of Directors of the Association. Section 1. 07. "Building Envelope" shall mean and refer to those areas within each Lot on which Residences, garages and other outbuildings may be constructed and located. Subject to the provisions of Section 7. 11 hereinafter, the location of the Building Envelope for each Lot shall be as set forth on the Plat of the Property filed with the Clerk and Recorder of Weld County. Colorado. Section 1. 08. "By-Laws" shall mean and refer to the duly adopted By-Laws of the Association, as the same may from time to time be amended. Section 1. 09. "Common Expenses" shall mean and refer to the actual cost to the Association of the following: repair, maintenance, renovation, and improvement of the Easements and the improvements thereon, including the Cul-de-sacs; management and administration of the Association; legal and accounting fees; insurance premiums; wages; expenses and liabilities incurred by the Association pursuant to or by reason of this Declaration; payment of any deficit from a previous period; and creation of a reasonable reserve fund. It shall be mandatory for the Association to establish out of the Common Assessment an adequate reserve fund for maintenance, repair, and replacement of those elements within the Easements that must be replaced on a periodic basis. Section 1. 10. "Cul-de-sacs" shall mean and refer to all cul- de-sacs within the Property designated on the Plat. "Cul-de-sacs" shall not include the private driveways to be constructed and maintained by the Owners of individual Lots which connect to the Cul-de-sacs nor shall "Cul-de-sacs" include any roads which are maintained by any governmental entity. Section 1. 11. "Declarant" shall mean and refer to Harrison Resource Corporation, a Colorado Corporation, or any other person or entity that purchases all or a portion of the Property with the intent to develop and sell the Property in more than one (1) parcel if such person or entity assumes the obligation of Declarant under this Declaration and is designated successor Declarant in an instrument recorded with the Clerk and Recorder of Weld County, Colorado. (04/07/92) - 2 - B 1332 REC 022 135 04/13/92 10 : 56 $2 .00 7/042 F 0646 MARY ANN FEUERSTEIN CLERK & RECORDEK WELD CO, CO Section 1. 12 . "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Valley View Ranch, as the same may from time to time be amended. Section 1. 13 . "Distribution Ditches" shall mean and refer to the distribution ditches designated on Exhibit D which carry water from the Transmission Ditch to the individual Lots and which are to be maintained by the individual Owners at their expense. Section 1. 14 . "Easements" shall mean and refer to all of the easements, collectively, described in Section 2. 01 hereinafter. Section 1. 15. "First Mortgagee" shall mean and refer to an institutional lender who holds either a first deed of trust or a first mortgage on a Lot. Section 1. 16. "Lot" shall mean and refer to each individual lot within the Property intended to be sold, transferred or conveyed as a separate parcel by the Declarant as designated on the Plat. Section 1. 17 . "Member" shall mean and refer to each person who has an ownership interest in a Lot. Section 1. 18. "Mortgage" shall mean and refer to a mortgage, deed of trust, or similar security instrument held or owned by a Mortgagee which encumbers any Lot. Section 1. 19. "Mortgagee" shall mean and refer to a Mortgagee under a Mortgage or a beneficiary under a deed of trust or similar security instrument. For purposes of this Declaration, no person shall be deemed a Mortgagee until written notice of such interest has been given to the Association, together with the name and address of the Mortgagee. Section 1. 20. "open Area(s) " shall mean and refer to the area designated on the Plat of the Property as an open space easement, as more fully provided in Section 2 . 01 hereinafter, and any improvements constructed thereon by the Association which are designated for the common use and enjoyment of all Owners. The Open Areas are not dedicated for use by the general public. Section 1. 21. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of any Lot, but excluding those having such interest merely as a security for performance of an obligation. In the event a Lot is sold by what is commonly known as an installment land contract or contract for deed, the purchaser under such contract shall be the "Owner" for purposes of this Declaration and the seller shall be considered to have an interest in the Lot which is the subject of the contract as security for performance of the contract by the purchaser. (04/07/92) - 3 - 2 ozs4 B 1332 REC 022 135 04/13/92 10 :56 $2 . 00 8/042 F 0647 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 1. 22 . "Plat" shall mean and refer to the Plat of Valley View Ranch P.U.D. recorded in the Office of the Clerk and Recorder of Weld County, Colorado, and any amendments thereto or supplements thereof. Section 1. 23 . "Property" shall mean and refer to that certain real property situate in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference. Section 1.24 . "Residence" shall mean and refer to a single- family residential dwelling constructed or to be constructed on a Lot. Section 1.25. "Single-Family" shall mean and refer to any individual or group of persons related by blood or marriage or any unrelated group of not more than three (3) persons living together in a Residence. Section 1.26. "Tract A" shall mean and refer to a parcel of land located in the northeast corner of the Property and set forth on the Plat of the Property which is currently zoned C-1 (Neighborhood Commercial District) and C-2 (General Commercial District) under the Weld County Zoning Ordinances. Section 1. 27. "Transmission Ditch" shall mean and refer to the irrigation water transmission ditch designated on Exhibit D which serves more than one (1) Lot and which is to be maintained by the Association rather than the individual Lot Owners. Section 1.28 . "Water Stock" shall mean and refer to the two (2) shares of capital stock in the Lake Lee Lateral Company, two (2) shares of capital stock in the Larimer and Weld Irrigation Company, and one (1) share of capital stock in the Windsor Reservoir and Canal Company to be transferred to the Association pursuant to Section 2 . 02 hereinafter. ARTICLE II. EASEMENTS AND WATER STOCK Section 2 . 01. Dedication of Easements. The Declarant does hereby establish, remise, release, sell, convey, quitclaim, and dedicate unto the Association, its successors and assigns, for the use of the Owners of the Property, the following non-exclusive easements over, across, and upon the Property at the locations depicted upon the Plat of the Property: (a) Utility easement. A non-exclusive, perpetual utility easement over, across, and upon the Property as depicted upon the Plat of the Property for the installation, construction, maintenance, inspection, operation, replacement, or removal of all (04/07/92) - 4 - B 1332 REC 02. 135 04/13/92 10 :56 $: .00 9/042 F 0648 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO utilities, including, but not limited to, water, sewer, electricity, telephone, natural gas, irrigation water, return flow water, cable television, and utility guide wires. (b) Open space easement. A non-exclusive, perpetual open space easement over, across, and upon that portion of the Property designated as an "open space easement" upon the Plat of the Property for recreational purposes, including, but not limited to, walking, hiking, jogging, bicycling, cross country skiing, horseback riding and the conduct of individual and group recreational activities and the construction of improvements thereon for recreational purposes as deemed necessary or appropriate by the Association, provided that the Owners of Lots upon which such open space easement is located shall not have the right to construct individual fences or graze livestock thereon. (c) Cul-de-sac easement. A non-exclusive, perpetual road easement, fifty (50) feet in width, over and across the Cul- de-sacs depicted upon the Plat of the Property for ingress, egress and access by pedestrians, horses and vehicles to and from individual Lots. The Cul-de-sac providing access to Lots 2 , 3, 4 and 5 from Weld County Road No. 74 may also be utilized for pedestrian, horse and vehicular ingress, egress and access to and from Tract A by the Owners, guests, tenants and invitees of Tract A. In the event the Owner of Tract A shall elect to utilize the Cul-de-sac, it may do so and any paving, striping, repairs, maintenance, improvements, enhancements, modifications or alterations to such Cul-de-sac for the benefit of the Owner of Tract A shall be performed at the sole cost and expense of the Owner of Tract A and the Association shall have no financial responsibility therefor. The Owner of Tract A may modify the location of the Cul-de-sac so that it continues from its current location into Tract A provided that in no event shall the relocation of the Cul-de-sac affect access to Lots 2, 3 , 4 and 5. (d) Ditch easement. A non-exclusive, perpetual ditch easement for the Transmission Ditch and Distribution Ditches over, across, and upon that portion of the Property as depicted upon Exhibit D for transportation of irrigation water to individual Lots within the Property. (e) Drainage ditch easement . A non-exclusive, perpetual easement over, across, and upon the Property as depicted upon Exhibit D for drainage of water remaining after use of irrigation water on various portions of the Property and natural rainfall. Section 2 . 02 . Transfer of Water Stock. Prior to the sale of all Lots within the Property, the Declarant shall transfer to the Association a total of two (2) shares of capital stock in the Lake Lee Lateral Company, two (2) shares of capital stock in the Larimer (04/07/92) - 5 - a -023/} B 1332 REC 02: 135 04/13/92 10: 56 $2 .00 10/042 F 0649 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and Weld Irrigation Company, and one (1) share of capital stock in the Windsor Reservoir and Canal Company. The water delivered to the Property as a result of ownership by the Association of the Water Stock shall be allocated to each Lot within the Property in accordance with the schedule attached hereto as Exhibit "B" and incorporated herein by reference ("the Allocated Water") . As each Lot is conveyed by the Declarant, the Declarant shall also transfer to the Association the use of that portion of the Water Stock which would enable such Lot to receive all of the Allocated Water assigned to such Lot in accordance with Exhibit "B. " Section 2 . 03 . Improvements on Easements. The Association shall have the right to make any improvements to any of the Easements if determined necessary or advisable by the Association for uses consistent with the Easements dedicated herein. No Owner shall install any improvements upon any of the Easements without the prior written consent of the Association, which consent shall be within the sole discretion of the Association. ARTICLE III. OWNER'S RIGHTS Section 3. 01. Maintenance Obligations. The Association, subject to the rights of the Members set forth in this Declaration, shall be responsible for the maintenance, repair, renovation, and management, of all Easements and all improvements thereon and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. Notwithstanding the foregoing, the Association shall not be responsible for maintenance, repair or renovation of (i) the utility easement described in Section 2. 01(a) to the extent maintained by the applicable utility, (ii) the Distribution Ditches, and (iii) drainage ditches. The Owners on whose Lots Distribution Ditches are located' shall have the initial responsibility for maintenance, repair, renovation, and management of the Distribution Ditches from the point of delivery of irrigation water by the Association to such individual Lots. In the event an Owner of a Lot on which such Distribution Ditch is located fails to maintain, repair, renovate, 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, the Board may take such action on behalf of such Owner and levy a Reimbursement Assessment against such Owner in accordance with Section 5. 10 hereinafter. The Owners on whose Lots drainage ditches are located shall have the initial responsibility for maintenance, repair, renovation, and management of the drainage ditches in a good, clean, attractive and sanitary condition, order and repair. In the event the Owner of a Lot on which such drainage ditches are located fails to maintain, repair, renovate, and manage the drainage ditches in a good, clean, attractive and sanitary condition, order (04/07/92) - 6 - 92U2844 B 1332 REC :84135 04/13/92 10 : 56 10 .00 11/042 F 0650 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and repair, the Board may take such action on behalf of such Owner and levy a Reimbursement Assessment against such Owner in accordance with Section 5. 10 hereinafter. The Association shall at all times have the right to maintain, improve and deliver irrigation water or allow return flow irrigation water to flow in, on and along any ditch easement, whether or not reflected on Exhibit D, or the Plat of the Property, or historically located on the Property. Section 3 . 02 . Owner's Rights. Every Owner of a Lot shall have a non-exclusive right and easement in and to all of the Easements, which shall be appurtenant to and shall pass with title to each Lot. An Owner's right and easement of enjoyment in and to the Easements shall not be exercised in any manner which substantially interferes with the rights of any other Owner with respect thereto and shall be subject to the following: (a) The right of the Association to charge reasonable fees and Assessments to meet the estimated Common Expenses. (b) The right of the Association to suspend the right of any Owner to use the Easements for any period during which the Assessments imposed against such Owner's Lot remain unpaid. (c) The right of the Association to adopt reasonable rules and regulations to govern the use of the Easements. (d) The right of the Association to adopt reasonable rules and regulations to govern and regulate the use, maintenance, repair, renovation,and management of the Transmission Ditch, Distribution Ditches, drainage ditches and Water Stock. (e) The right of the County of Weld, Colorado, and any other governmental or quasi-governmental body having jurisdiction over the Property to have access and the right of ingress and egress over and across the Easements for the purpose of providing police, fire and other emergency protection and providing any other governmental or municipal service. (f) The right of the Association to allow use of the Open Areas by the Owners, Tenants, Guests and Invitees of Lot A and B of Amended Recorded Exemption No. 0807-5-1-RE1070, recorded March 4, 1988, in Book 1187 as Reception No. 2132905, which are located in the northeast quarter of Section 5, Township 6 North, Range 67 West of the 6th P.M. Section 3 . 03 . Delegation of Use. An Owner may delegate his right to use the Easements to the members of his family, his guests, invitees, and tenants subject to this Declaration, the Articles of Incorporation and By-Laws, and any rules or regulations adopted by the Association. (04/07/92) - 7 - B 1332 REC C 84135 04/13/92 10 :56 10 . 00 12/042 F 0651 MARY ANN FEUERSTEIN CLERK & RECOk1JER WELD CO, CO Section 3 . 04. Restriction of Use. Other than the Declarant, its agents, clients, and employees, who may utilize motor-driven vehicles to show Lots within the Property, no motor-driven, engine- powered, or other mechanically propelled vehicle, including, by example and not limitation, automobiles, trucks, motorcycles, all- terrain vehicles, and snowmobiles, may be used or operated within or upon any of the Open Areas, except in the event of an emergency and for maintenance purposes by the Association or upon such other circumstances as shall be determined appropriate in the sole discretion of the Association. ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4. 01. Membership. Every Owner of a Lot shall become a Member of the Association upon acquisition of said Lot. Membership shall be appurtenant to, and may not be separated from, ownership of a Lot. Membership shall pass by operation of law upon the sale of a Lot, which sale may be by deed or by installment land contract. Section 4.02 . Voting. 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. Section 4 .03 . Association Rules and Regulations. The Association shall have the right and power, through its Board of Directors, to adopt such reasonable rules and regulations as it, in its discretion, may determine from time to time necessary to regulate and govern the use of the Easements, including the Transmission Ditch, Distribution Ditches, and drainage ditches located therein; provided, however, that said rules and regulations shall not unfairly discriminate against any Lot or Owner thereof. ARTICLE V. ASSESSMENTS Section 5. 01. Personal Obligation of Owners for Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay all common assessments imposed by the Association to meet estimated Common Expenses ("Common Assessments") . Common Assessments for the estimated Common Expenses shall be due annually or at such other intervals as may be set by the Association from time to time. The Association shall prepare and deliver by mail to each Owner a statement for the annual Common Assessment for Common Expenses. Section 5. 02 . Amount of Assessment. The amount of Common Assessment for estimated Common Expenses which shall be paid by each Owner shall be determined by dividing the aggregate sum which (04/07/92) - 8 - 9 O28 B 1332 REC 0_284135 04/13/92 10:56 , _10 .00 13/042 F 0652 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the Association reasonably determines to be paid by all Owners by the total number of Lots within the Property, regardless of the size thereof, and the Owner of each Lot shall pay his proportionate share of such aggregate sum. Section 5. 03 . Maximum Annual Common Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Common Assessment shall be Two Hundred Ninety Dollars ($290. 00) per Lot, regardless of the size thereof. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Common Assessment may be increased effective January 1 of each year without a vote of the Members of the Association in conformance with the increase, if any, of the Consumer Price Index - All Urban Consumers - All Items (CPI-U) (U.S. City Average) issued from time to time by the Bureau of Labor Statistics of the United States Department of Labor from January of the preceding year. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Common Assessment may be increased above that established by the Consumer Price Index formula by a vote of the Members for the next succeeding two (2) years, and, at the end of each period of two (2) years, for each succeeding period of two (2) years, provided that any such change shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. The limitations hereof shall not apply to any change in the maximum and basis of the Common Assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under this Declaration and the Articles of Incorporation. (c) The Board of Directors may fix the annual Common Assessment at an amount not in excess of the maximum. (d) The Board of Directors may require any Water Assessment, Ditch Assessment and/or Special Assessment be paid at the time of payment of the annual Common Assessment. Section 5 . 04 . Special Assessments for Capital Improvements. In addition to the annual Common Assessments authorized above, the Association may levy, in any assessment year, a special assessment ("Special Assessment") applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of capital improvements within the Easements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of seventy-five percent (75%) of the votes of the (04/07/92) - 9 - 920284 B 1332 REC 2284135 04/13/92 10 :56 ;210 .00 14/042 F 0653 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. 05. Ditch Assessments. In addition to the annual Common Assessments and Special Assessments authorized above, 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, or replacement of the Transmission Ditch, Distribution Ditches and drainage ditches within the Easements, including fixtures and personal property related thereto, provided that any such Assessment shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. Those Lots located within the Property which do not receive irrigation water shall not be assessed any portion of the Ditch Assessment for the purpose of constructing, reconstructing, repairing or replacing the Transmission Ditch, Distribution Ditches or drainage ditches. Section 5. 06. Notice and Ouorum for anv Action Authorized Under Sections 5. 03 , 5. 04 and 5.05. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5. 03 , 5. 04 or 5.05 shall be sent to all Members not less than fifteen (15) days nor more than sixty (60) days in advance of the meeting. At the first such meeting, the presence of Members or of proxies entitled to cast twenty-five percent (25%) of all votes of the Members shall constitute a quorum. If the required quorum is not present, another 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 preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. Section 5. 07. Uniform Rate of Assessment. All Common and Special Assessments shall be fixed at a uniform rate for all Lots notwithstanding the provisions of Sections 5. 05, 5. 09 and 5. 10 relative to Ditch Assessments, Water Assessments and Reimbursement Assessments. Section 5. 08. Date of Commencement of Annual Assessments; Due Dates. The annual Common Assessments provided herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot by the Declarant to an Owner. The first annual Common Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual Common Assessment against each Lot at least thirty (30) days in advance of each annual Common Assessment period. Written notice of the Common Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. (04/07/92) - 10 - B 1332 REC 022 135 04/13/92 10:56 $2. . 00 15/042 F 0654 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 5.09 . Water Assessment. In addition to the Common, Special and Ditch Assessments referred to above, the Board shall levy a water assessment ("Water Assessment") against each Lot entitled to receive irrigation water for the purpose of paying the assessments made against the Water Stock. All such Water Assessments shall be paid by the Owners of Lots in the same percentage as irrigation water is allocated to such Lots on Exhibit "B" attached hereto and incorporated herein by reference. Any Lot which is not allocated any percentage of the Water Stock shall not be responsible for the payment of a Water Assessment. The Water Assessment shall be imposed against those Lots receiving irrigation water at such times and in such manner as the Board shall determine, provided that at all times the Board shall impose a Water Assessment in the minimum amount equal to the Assessment against the Water Stock required by the Lake Lee Lateral Company, the Larimer and Weld Irrigation Company, and the Windsor Reservoir and Canal Company. The Board may elect to rent additional water for the benefit of all Lot Owners receiving water delivery. In such event the amount of the Water Assessment shall be increased in an amount sufficient to pay for the rental of additional water and such additional Water Assessment shall be paid in the same manner set forth herein. Owners may also elect to rent additional water or purchase ownership of additional water shares for the benefit of their respective parcels. Section 5. 10. Reimbursement Assessment. In addition to the Common, Special, Ditch and Water Assessments referred to above, the Board may levy a reimbursement assessment ("Reimbursement Assessment") against any Lot and the Owner thereof who fails to maintain, repair, renovate and manage the (a) Distribution Ditch from the point of delivery of irrigation water by the Association to an individual Lot over, across and upon the remainder of the Distribution Ditch located upon such Lot and (b) drainage ditches located on an Owner's Lot in accordance with Article VIII hereinafter. In addition, the Board may levy a Reimbursement Assessment against any Owner or his Lot if the Owner, his family members, tenants, guests or invitees willfully or negligently fail to comply with this Declaration, the Articles of Incorporation, By- Laws or the rules and regulations of the Association, resulting in the expenditure of funds by the Association to cause such compliance. The Reimbursement Assessment shall be levied only after notice to the Owner and a hearing before the Board. The Reimbursement Assessment shall be due and payable to the Association within ten (10) days after notice to the Owner of the decision of the Board that the Reimbursement Assessment is owing. Section 5. 11. Exempt Property. All properties dedicated to and accepted by a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Colorado shall be exempt from the Assessments created herein, except no land or improvements devoted to residential use shall be exempt from said Assessments. (04/07/92) - 11 - 9Z0284 B 1332 REC 02: 135 04/13/92 10:56 $2 .00 16/042 F 0655 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE VI. LIEN FOR NONPAYMENT OF ASSESSMENTS Section 6. 01. Effect of Nonpayment of Assessments. Remedies of the Association. It shall be the duty of each Owner to pay his Assessments made by the Association pursuant to this Declaration. Unpaid Assessments shall bear interest from the due date until paid at the rate of eighteen percent (18%) per annum. In addition, any Owner who fails to pay an Assessment when due ("the Defaulting Owner") shall be obligated to pay to the Association on demand all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent Assessment. The total amount due from a Defaulting Owner, including unpaid Assessments, interest costs, and attorney's fees, shall constitute a lien on the Defaulting Owner' s Lot prior to all other liens and encumbrances, recorded or unrecorded, except (a) taxes, special assessments, and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this state and other state and federal taxes which, by law, are a lien on the interest of such Owner prior to the pre- existing recorded encumbrances thereon; and (b) all sums unpaid on a First Mortgage. The lien for unpaid Assessments herein created shall be prior to and superior to any homestead exemption or other exemption under or by virtue of any law of the United States or State of Colorado now existing or hereafter enacted; and each Owner, by acceptance of a deed to a Lot, expressly waives and releases any such homestead right or exemption, but only with respect to the Assessment lien. Any First Mortgagee who obtains title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure will acquire such Lot, free and clear of any claim or lien for unpaid Assessments which accrue prior to the date the First Mortgagee would be entitled to receive a deed from the public trustee, sheriff, or other foreclosing agent, regardless of whether the First Mortgagee actually obtains or records such deed. Section 6. 02 . Evidence of Lien. To evidence such lien for unpaid Assessments, the Association shall prepare a written notice setting forth the amount, the name of the Defaulting Owner, and a description of the Defaulting Owner's Lot. Such notice shall be signed on behalf of the Association by an officer of the Association and shall be recorded in the records of the Clerk and Recorder of Weld County, Colorado. Such lien may be enforced by foreclosure by the Association of the Defaulting Owner' s Lot in like manner as mortgages on real property. The lien provided herein shall be in favor of the Association and for the benefit of all Owners. In any such foreclosure, the Defaulting Owner shall be required to pay all costs and expenses of such proceedings; the costs, expenses, and attorney's fees for filing the notice of claim of lien; and all reasonable attorney's fees incurred in connection with such foreclosure. The Defaulting Owner shall also be required to pay to the Association any Assessments due and owing during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association (04/07/92) - 12 - �Z0284 B 1332 REC 01 ,4135 04/13/92 10:56 $..,0.00 17/042 F 0656 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO shall have the power to bid on the Lot at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. Any encumbrancer holding a lien on a Lot may, but shall not be required to, pay any unpaid Assessments due and owing with respect thereto; and upon such payment, such encumbrancer shall have a lien on such Lot for the amount paid of the same rank as the lien of his or its encumbrance. Section 6. 03 . Personal Obligation to Pay Assessments. Assessments made by the Association against each Owner shall be the personal and individual debt of the Owner at the time the Assessment is made. Suit to recover a money judgment for unpaid Assessments, interest, costs, expenses, and attorney' s fees shall be maintainable without foreclosing or waiving the lien securing the same. No Owner may exempt himself from liability for payment of any Assessment by waiver of the use and enjoyment of the Easements or by abandonment of his Lot. Section 6. 04. Liability of Grantee. Except for a First Mortgagee who acquires title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure as provided in Section 6. 01 hereinabove, the grantee of a Lot shall be jointly and severally liable with the grantor for all unpaid Assessments against the Lot assessed and due prior to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that upon written request and payment of a reasonable fee established by the Association not to exceed Twenty Dollars ($20. 00) , any such prospective grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid Assessments, if any, with respect to the subject Lot; the amount of the current Assessment; the period covered by the current Assessment; the date the current Assessment comes due; and the statement shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with by the Association within ten (10) days of such request, then the grantee shall not be liable for, nor shall the Lot be conveyed subject to, a lien for any unpaid Assessments against the subject Lot as of the date of the request for statement of indebtedness. ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE Section 7 . 01. Architectural Control Committee. (a) Membership. The Architectural Control Committee shall consist of three (3) persons. So long as the Declarant is the Owner of one (1) or more Lots, the Declarant shall appoint the members of the Architectural Control Committee. At such time as the Declarant is no longer the Owner of one (1) or more Lots within the Property, then the members of the Architectural Control Committee shall be appointed by the Board of Directors from among the Members of the Association. (04/07/92) - 13 - 9Z0284 S 1332 REC 284135 04/13/92 10:56 210 .00 18/042 F 0657 MARY ANN FEUERSTEIN CLERK & RECUxtDER WELD CO, CO (b) Term. Each member of the Architectural Control Committee shall serve at the pleasure of the person or entity appointing such member. In the event of the death or resignation of any member of the Architectural Control Committee, the person or entity that appointed such member shall appoint a successor. (c) Decisions. All decisions of the Architectural Control Committee shall be by a majority vote of those members of the Architectural Control Committee present at a meeting at which a quorum is present. A majority of the members of the Architectural Control Committee shall constitute a quorum. (d) Compensation. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this Declaration. (e) Delegation. The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer, or other professional person who is qualified to review the issues raised in the application. The Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. (f) Non-liability. No member of the Architectural Control Committee shall be liable to the Association or to any Owner or Member for any loss, damage, or injury arising out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of the Architectural Control Committee. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or other governmental rules and regulations applicable to the Property. Section 7 . 02. Control. No construction, alteration, addition, modification, decoration, redecoration, or reconstruction of any building, fence, wall, structure, or other improvement within the Property shall be commenced or maintained until the plans and specifications thereof shall have been approved by the Architectural Control Committee. Section 7 . 03 . Submission. Each application for approval shall include the following: (04/07/92) - 14 - 9;62,x, B 1332 REC 284135 04/13/92 10:56 !10 .00 19/042 F 0658 MARY ANN FEUERSTEIN CLERK & RECOIDER WELD CO, CO (a) Two (2) complete copies of a site plan of the Lot. The site plan shall show the following information with a scale minimum of one (1) inch on the plans for each one hundred (100) feet of actual distance on the Lot: (i) Finished elevation of the Residence, outbuildings or other improvements. (ii) A building footprint with dimensions from front, rear, and side property lines of the Lot. (iii) Driveways and walkways located on the Lot. (iv) Any existing structures on the Lot. (v) Location of improvements with respect to utility lines and facilities. (vi) Location of improvements with respect to the building envelope location. (b) Two (2) complete sets of construction plans and specifications. Said plans and specifications shall include the following minimum information: (i) Floor plans of all levels of any Residence, which plans shall contain sufficient detail to describe the elements of the floor plan design. (ii) Total square footage for each level of any Residence. (iii) Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form and material, window locations, siding material, and door placement. (iv) A written description of the materials to be used in the roof and exterior walls of the structure. (v) The size, type, and material to be incorporated in any fencing to be located on the Lot. (vi) The color of any paint or stain to be applied to the improvements. Section 7. 04 . Rules and Guidelines. The Architectural Control Committee may issue rules setting forth procedures for the submission of plans for approval and may also issue guidelines setting forth the criteria that the Architectural Control Committee will use in considering plans submitted to it for approval. (04/07/92) - 15 - B 1332 REC 04 ,4135 04/13/92 10:56 $ 9 .00 20/042 F 0659 MARY ANN FEUERSTEIN CLERK & RECORLER WELD CO, CO Section 7 . 05. Review of Plans and Specifications. The Architectural Control Committee shall consider and act upon any and all requests submitted for its approval. The Architectural Control Committee shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Lots within the Property; will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, topography, and the overall development of the Property. The Architectural Control Committee shall consider the quality of workmanship, type of materials, and harmony of exterior design with other Residences located within the Property. Should the Architectural Control Committee fail to approve or disapprove the plans and specifications submitted to it by an Owner of a Lot within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the Architectural Control Committee by certified mail, return receipt requested, with a copy to Declarant, by certified mail, return receipt requested, and, in the event that the Architectural Control Committee fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the Architectural Control Committee and Declarant by certified mail, the same shall be deemed to have been approved, as submitted, and no further action shall be required, provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration. Section 7 . 06. No Waiver of Future Approval. The approval by the Architectural Control Committee of any proposals or plans and specifications for any work to be done on a Lot shall not be deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans, specifications, drawings, or other matters subsequently or additionally submitted for approval by the same Owner or by another Owner. Section 7 . 07 . Construction. Construction of a Residence or other structure approved by the Architectural Control Committee shall commence within three (3) months after approval of the plans and specifications, and the Owner shall thereafter proceed diligently with such construction. The exterior of any such structure shall be completed and a certificate of occupancy shall be issued by Weld County, Colorado, within nine (9) months of the date of commencement of construction. The Architectural Control Committee may grant an extension of the foregoing time periods for good cause and when such extension is requested by the Owner. Upon (04/07/92) - 16 - 920284 B 1332 REC 0 .84135 04/13/92 10:56 10 .00 21/042 F 0660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO approval of plans and specifications for the construction of a Residence on a Lot, the Architectural Control Committee shall have the right to require the Owner of the Lot to deliver to the Architectural Control Committee a reasonable amount not to exceed Two Hundred Fifty Dollars ($250. 00) to be held by the Architectural Control Committee as a clean-up deposit ("the Deposit") . The Deposit shall be returned to the Owner within thirty (30) days after the Residence has been completed and all excess debris removed from the Lot. If the exterior of the Residence is not completed and a certificate of occupancy has not been issued by Weld County, Colorado, within nine (9) months after the date of commencement of construction, then the Owner shall forfeit the Deposit. Forfeiture of the Deposit based upon the failure to complete construction of the Residence or obtain a certificate of occupancy therefor within the time permitted shall not limit any right which the Association may have to enforce the terms of this Declaration. If the Residence is completed within nine (9) months of commencement of construction but all excess debris has not been removed from the Lot within such time period, then the Architectural Control Committee shall have the right, but not the obligation, to enter upon the Lot and remove such excess debris and deduct the cost of such removal from the Deposit. The balance of the Deposit, if any, shall be returned to the Owner within thirty (30) days after all excess debris has been removed from the Lot. Section 7. 08 . Landscaping. Within sixty (60) days following receipt of a certificate of occupancy from Weld County, Colorado, for the Residence constructed upon a Lot, the Owner thereof shall submit to the Architectural Control Committee for its approval, a landscaping plan showing the landscaping proposed to be installed upon a Lot, including the location of any trees, shrubs, grass or other landscaping on such Lot in the proximity of the Residence. There shall be a minimum of seven (7) trees, three (3) inches in diameter or greater, of which the majority will be pines and the balance will be deciduous. Once the landscaping plan is approved, the landscaping must be installed within three hundred sixty-five (365) days following the receipt of a certificate of occupancy for the Residence upon such Lot. In regards to Lot 5, within one (1) year after receipt of a certificate of occupancy, the Owner shall install ten (10) evergreen trees of at least eight (8) feet in height, in a single line, within fifty (50) feet of the property line of the Lot, in order to shield the view between the Residence on Lot 5 and the log home located west of Lot 5. Section 7. 09 . Variances. The Architectural Control Committee may authorize variances from compliance with any provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardships, aesthetics, or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the (04/07/92) - 17 - B 1332 REC 284135 04/13/92 10:56 210.00 22/042 F 0661 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Architectural Control Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of the variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. Section 7 . 10. Use Restrictions and Building Type. No Residence, building or other structure shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) single-family Residence for each Lot, with attached or detached garage, and other appurtenant structures. Section 7. 11. Location of Residence Within Building Envelope. All Residences, buildings and other structures shall be erected, altered, placed and located only within the designated Building Envelope for each Lot, except that corrals and fencing intended to impound livestock need not be located within such Building Envelope. In regards to Lots 2 , 3 , 4, 5, 6, and 7, a Lot Owner may choose either the circular building envelope or the oval-shaped building envelope, but may not combine these shapes. An Owner must select one of the two Building Envelope options at the time of the submission of the Owner's plans for the construction of a Residence upon such Lot. If the oval shape is selected, the oval then shall be 180 feet from the center line to the northeast or southwest corners and 77 feet from the center line to the southeast or northwest boundary lines, which are depicted at the bearing shown as an example on Lot 5 on the Plat of the Property. Section 7 . 12. Temporary Structures. No structures of a temporary character, including, by example and not limitation, trailers, mobile homes, converted trailers, campers, shacks, basements, tents, garages, or accessory buildings, shall be used on any Lot for residential purposes. Section 7 . 13 . Modular Construction. No structures of modular construction shall be permitted on any Lot. All structures installed or erected upon any Lot shall be assembled on site (i.e. , stick built) and shall not be constructed off-site for assembly on a Lot. Notwithstanding the foregoing, metal garages and outbuildings may be erected on a Lot provided that the Architectural Control Committee, in its sole and absolute discretion, determines that the appearance and quality of construction of the proposed metal garage or outbuilding are such that it will not detract from the value of the remaining Lots. The Architectural Control Committee may, in its sole discretion, not (04/07/92) - 18 - 9Z0284 B 1332 REC 02: .135 04/13/92 10 :56 $2 , .00 23/042 F 0662 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO approve of any outbuilding exceeding two thousand (2 , 000) square feet or any outbuilding exceeding twenty (20) feet in height measured from the adjacent groundlevel. In addition, the Architectural Control Committee may, in its sole discretion, refuse to approve any additional outbuildings if the total square footage of all existing and proposed outbuildings exceeds a total of 3 , 000 square feet on any Lot. Section 7. 14 . Temporary Use. Notwithstanding any provision hereof to the contrary, it shall be expressly permissible for the Declarant to maintain at such locations within the Property, including Open Areas, as the Declarant shall determine during the period of development of the Property and the sale of Lots, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the development and sale of Lots. The Declarant, its agents, and prospective purchasers shall have the right of ingress, egress and parking in and through the Cul-de-sacs and the right to enjoy the Open Areas at any and all reasonable times without permission from any Owner or the Association being required. Any Owner shall, during the period a Residence is being constructed upon such Owner's Lot, have a similar right to maintain upon such Lot such facilities as may be reasonably required to assist in construction of such Residence, including a construction storage yard, construction office and the like. Section 7.15. Utilities. All utilities within the Property except for the single pole bringing electrical service from Weld County Road #74 and the main service extending from Colorado State Highway #257 to the existing house on Lot 1, must be underground. Section 7. 16. Building Size. No Residence shall be erected, altered, or permitted to remain on any Lot unless the ground floor area thereof, exclusive of basements, open porches, and garages, is not less than one thousand eight hundred (1,800) square feet for a single-story Residence and a total of two thousand one hundred (2, 100) square feet for a multi-level Residence. The square footage of basements, walk-outs, and garden levels shall not be included in determining the square footage of a multi-level Residence. For purposes of this provision, the terms "basements, " "walk-outs, " and "garden levels" shall mean any level, a portion of which is constructed below ground elevation. No building shall exceed a height of forty (40) feet measured from the adjacent groundlevel. Section 7 . 17. Building Setbacks. All structures, except fences, must be set back a minimum of fifty (50) feet from the Lot lines. In addition, all structures, except fences, shall be set back from all Lot lines a minimum of one hundred fifty (150) feet from any Cul-de-sac or public road, except that structures erected on Lots 5, 8, 9, 10, and 11 may be located a minimum of one hundred (100) feet from any Cul-de-sac or public road. The Architectural (04/07/92) - 19 - 9Z028 B 1332 REC :284135 04/13/92 10 :56 ,210.00 24/042 F 0663 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Control Committee may grant relief from the provisions of this Section 7. 17 for good cause shown. Section 7. 18. Garages. Each Residence shall include an attached or detached garage having space for not less than two (2) vehicles. Section 7 . 19. Fences. Within one (1) year from the date an Owner acquires a Lot from the Declarant, such Owner shall cause to be professionally installed, a green-tinted three (3) rail, tenon- jointed pole fence along the entire front boundary of such Owner's Lot. All fences installed by an Owner upon his Lot shall be left in its natural condition and no Owner shall paint or otherwise alter the natural condition of the fence. If any Owner desires to install any fence within one hundred fifty (150) feet of the front boundary of any Lot, such fence shall be of the type and nature described above and shall be approved in writing by the Architectural Control Committee. No Owner of a Lot can fence any portion of his Lot within the Open Areas. For purposes of this provision, the "front" of each Lot shall be that portion of the Lot adjoining Weld County Road No. 74, Colorado State Highway No. 257 or the Cul-de-sacs. In the event the Owner of a Lot fails to install the fence as described in this Section 7.19 within one (1) year from the date the Owner acquires the Lot from the Declarant, the Association shall have the right, but not the obligation, to install such fence along the front of such Owner's Lot and impose a Reimbursement Assessment upon such Lot for the payment thereof. For purposes of this provision, the Owner of such Lot shall be deemed to have granted a license and easement to the Association to enter upon such Owner's Lot for the purpose of installing such fence. Section 7.20. Clotheslines. Any clothesline to be installed on the Property must be approved in writing by the Architectural Control Committee and must be retractable. Section 7.21. Antennas and Satellite Dishes. A ground- mounted satellite dish and/or an antennae and an antenna not exceeding thirty (30) feet in height from the groundlevel with horizontal elements not in excess of fourteen (14) feet in width will be allowed upon a Lot, provided that the location thereof is approved by the Architectural Control Committee and the Owner submits a plan to screen the antenna and satellite dish, utilizing fencing, landscaping, or other appropriate forms of screening. The Architectural Control Committee shall have the right to grant relief from this provision for good cause shown based upon the visibility and aesthetic appearance of the antenna and satellite dish. Section 7 .22 . Storage of Vehicles. Boats, campers, recreational vehicles, snowmobiles, all-terrain vehicles, motor homes, trailers, machines, tractors, semi-tractors, tractor (04/07/92) - 20 - SAfe2811 B 1332 REC 2284135 04/13/92 10: 56 ..210 .00 25/042 F 0664 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO trailers, trucks (except standard pick-up trucks) , and inoperative vehicles shall not be stored, parked, or permitted to remain upon a Lot, except within fully-enclosed garages or within fully- screened, fenced areas approved by the Architectural Control Committee. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own power for more than one (1) week shall be considered an inoperative automobile subject to the terms of this Section 7.22 . The foregoing restriction shall not be deemed applicable to horse trailers, tractors, or other farm maintenance equipment which may remain outside of screened areas on an Owner' s Lot, provided that such horse trailers, tractors, or other farm maintenance equipment may not be stored within one hundred fifty (150) feet of Weld County Road No. 74, Colorado State Highway No. 257, or the Cul-de-sacs upon the Property. The Architectural Control Committee shall determine whether any equipment or machinery constitutes "farm maintenance equipment" for purposes of this provision. Section 7. 23 . Maintenance of Lots and Improvements. Each Owner shall keep or cause to be kept all buildings, fences, and other structures located on his Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Lot unless screened from view from other Lots and from Weld County Road No. 74 , Colorado State Highway No. 257 or the Cul-de-sacs within the Property, except for reasonable storage during construction. During construction, contractors shall routinely keep the construction site in a neat and clean condition, storing all building materials in the rear of the building project. Section 7 .24. Nuisance. Nothing shall be done or permitted on any Lot which is or may become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be conducted on any Lot, except home occupations 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. Recreational use on private Lots of all- (04/07/92) - 21 - 9;A1.28 i B 1332 REC 0 84135 04/13/92 10:56 10 . 00 26/042 F 0665 MARY neN FEUERSTEIN CLERK & RECORDER WELD CO, CO terrain vehicles, motorcycles, snowmobiles, etc. shall be kept to a minimum. Section 7. 25. Animals. An Owner may keep animals and livestock upon a Lot for recreational purposes and for use by the Owner' s immediate family, subject to the following restrictions and limitations: (a) No more than five (5) animal units may be kept or maintained on any Lot, except Lots 6 and 7 which may have seven (7) animal units kept and maintained thereon. One (1) horse will equal one (1) animal unit, one (1) cow will equal one (1) animal unit, one (1) llama will equal one (1) animal unit. Two (2) sheep, two (2) goats, or one (1) sheep and one (1) goat will equal one animal unit, and four (4) rabbits or four (4) chickens, four (4) ducks, or four (4) or any other kind of poultry or birds will equal one animal unit. Any off-spring of the foregoing will not be considered in determining the total number of animal units on a parcel until such offspring attains one (1) year of age. (b) The Lot shall at all times be maintained in a clean and sanitary condition. (c) No Lot shall be overgrazed and the character of the Lot shall not be changed by the grazing of animals and livestock. In the case of Lots 1, 8, 9, 10, and 11, animals shall be confined to a paddock area of no more than one-half (1/2) acre in size, and shall not be allowed to graze outside of paddocks. (d) All animals and livestock shall be confined, by a fence approved in writing by the Architectural Control Committee, to that portion of a Lot that is not in the open space easement or as stated in Section 7.25(c) above. (e) Corrals, barns and other outbuildings may be erected and maintained for the animals and livestock, provided that the structures are first approved in writing by the Architectural Control Committee. (f) All animals and livestock shall be cared for in a humane and husbandlike manner. (g) Household pets such as dogs and cats shall be permitted on any Lot, provided that said pets shall remain under the control of their owner at all times by voice control or physical restraint and shall not be allowed to chase livestock or wildlife or make excessive noises. Household pets may not be kept, bred or maintained on a Lot for commercial purposes. No more than two (2) adult dogs and two (2) adult cats shall be kept on any one (1) Lot. Any off-spring of the foregoing will be classified as one (1) additional unit after it reaches six (6) months of age. (04/07/92) - 22 - 920.281 B 1332 REC 284135 04/13/92 10 :56 210 .00 27/042 F 0666 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (h) No person owning, keeping or possessing a dog within the Property shall permit his dog to bark and/or howl continuously for a period in excess of ten (10) minutes between the hours of 11: 00 p.m. and 6:00 a.m. , or for a period in excess of twenty (20) minutes between the hours of 6: 00 a.m. and 11: 00 p.m. , if such barking or howling is audible at the boundary of the Lot upon which such person resides. Such person shall be entitled only two (2) written notices of violation issued by the Association before being required to remove the dog from the Property or enclosing it in a structure from which such barking and/or howling cannot be heard. The issuance of a third written notice within a one year period made by or on behalf of the Association shall require the removal of the dog from the Lot or the placement of the dog in a completely enclosed structure from which such noise shall not be audible from adjacent Lots. (i) Swine shall note be permitted within the property. (j ) No boarding of animals will be allowed. Section 7.26. Damage or Destruction of Improvements. In the event any Residence or other structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Residence or other structure is not to be rebuilt, all remaining portions of the damaged structure, including the foundation and all debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the Residence or other structure. Section 7. 27. Storage Tanks and Containers. No elevated tanks of any kind shall be erected, placed, or permitted to remain on any Lot unless such tanks are screened from view from other Lots and from Weld County Road No. 74 , Colorado State Highway No. 257 and the Cul-de-sacs by fencing or landscaping in a manner approved by the Architectural Control Committee. All propane tanks, air conditioning, refrigeration, cooling, heating, or other mechanical equipment or system which is located outside of a Residence or other structure on a Lot shall be screened from view from other Lots and from Weld County Road No. 74 and Colorado State Highway No. 257 and the Cul-de-sacs by fencing or landscaping approved by the Architectural Control Committee. Any propane tanks shall be fully hidden from view with a solid fence or other screening approved by the Architectural Control Committee. Section 7. 28. Signs. No sign of any character shall be displayed or placed upon any Lot, with the following exceptions: (a) one (1) sign per Lot of not more than six (6) square feet in total area advertising a Lot for sale shall be permitted on any (04/07/92) - 23 - 9, '028-' B 1332 REC 02 -24135 04/13/92 10 :56 $ 0.00 28/042 F 0667 MARY A .4 FEUERSTEIN CLERK & RECORb4R WELD CO, CO Lot; (b) the Declarant or Association shall have the right to place permanent signs at the entrances to the Property, identifying the development; (c) until such time as the Declarant is no longer the Owner of a Lot, the Declarant or its agents shall have the right to place one (1) or more signs on the Property, without limitation of size, offering the Property or Lots of the Property for sale; (d) open space trail signs and markers shall be permitted on the Property; and (e) additional signs may be permitted if approved by the Architectural Control Committee. Section 7.29. Trash Collection. The Association, acting through its Board of Directors, shall have the right to require that any trash collection within the Property be performed by one (1) company and that trash be collected from all Lots by such company on the same day of each week. The Board of Directors shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the duty to assess the cost of trash collection as a Common Expense. Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash from his Lot. This Section 7.29 shall not apply to a contractor during the construction of a Residence or other improvements on a Lot. The Contractor may dispose of trash, rubbish, debris, and other construction materials from the Lot either personally or by contracting with a trash collection company. The trash collection company may remove trash, rubbish, debris, and other construction materials from the Lot during the construction of the Residence as often as the contractor deems appropriate. Section 7. 30. Color. All Residences and other structures constructed on any Lot shall be stained or painted white or earth- tone colors as approved in writing by the Architectural Control Committee. Section 7. 31. Culverts. The Owner of each Lot shall install culverts wherever driveways or other personal roads interfere with irrigation flows or return flows . All culvert diameters must be approved before installation. Section 7 . 32 . 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 7 . 33 . Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, BB gun, pellet gun, or other firearm or weapon whatsoever, within any portion of the Property, including an Owner' s own Lot or any Open Areas. Notwithstanding the foregoing, the discharge of firearms or weapons by any member of any law (04/07/92) - 24 - 22 0284 B 1332 REC 022L .35 04/13/92 10 :56 $21 00 29/042 F 0668 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO enforcement office in the course of such member's official duty shall not be deemed a violation of this provision. Section 7 . 34 . Disturbing the Peace. No person shall disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such Owner. Section 7 .35. Improvements on Lot 1. There presently exists upon Lot 1, a residential dwelling, garage, landscaping, and other improvements which may not comply with the requirements set forth in this Declaration with respect to the installation of improvements, submission to the Architectural Control Committee, and other matters relating to such improvements. Notwithstanding any other provision of this Declaration to the contrary, the improvements located upon Lot 1 are hereby acknowledged as valid structures and improvements and shall not be deemed in violation of any of the covenants, conditions and restrictions or limitations set forth in this Declaration. Any variance from the requirements of this Declaration with respect to the construction, erection, or installation of improvements upon Lot 1 which are in existence at the time of the recording of this Declaration shall be deemed to be waived and/or ratified, provided that no new construction, alteration, addition, modification, decoration or other improvement shall be commenced or maintained until the plans and specifications thereof have been approved by the Architectural Control Committee in accordance with Article VII above. The owner of Tract A shall have the right to use or modify the entrance from Colorado State Highway #257 to Lot 1 and provide paved access to Lot 1 from a different entrance from Highway #257 . Any such relocation shall be completed at the sole expense of the owner of Tract A. The Owner of Tract A shall maintain the new entrance at its sole cost. Section 7. 36. Roof Types. All roof materials shall consist of either wood shake, tile or slate. Composite type materials that are realistically designed to look like "wood shake" can be used, if approved by the Architectural Control Committee. ARTICLE VIII. DRAINAGE Each Owner of a Lot shall maintain the existing water drainage patterns of his Lot and shall not construct or erect any structures or improvements which shall impede or hinder water coming upon his Lot from reaching the natural drainage courses for such Lot and the Property. No structures, plantings or other materials shall be placed or permitted to remain within the ditch easement or drainage easement as shown on the Plat of the Property which may damage or interfere with the installation and maintenance of irrigation and drainage facilities or which may cause a change in the direction or flow of drainage channels within the Easements or which may obstruct or retard the flow of water through drainage channels in (04/07/92) - 25 - 2:0281 B 1332 REC 284135 04/13/92 10 :56 210 .00 30/042 F 0669 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the Easements. The ditch and drainage easements located upon each Lot and all improvements in them shall be maintained by the Owners, except as otherwise set forth in Section 3 . 01 above and except for those improvements for which public authorities or utility companies are responsible. An Owner shall not allow return flow waters to enter the Open Areas without providing a properly approved culvert system to protect trails and walking paths. ARTICLE IX. INSURANCE Section 9. 01. Insurance. All insurance, other than title insurance, carried in connection with the Easements shall be governed by the provisions of this Article IX. Section 9. 02. Insurance Reauirements Generally. The Association shall obtain and maintain liability and other insurance as hereinafter provided. All such insurance shall be obtained, to the extent possible, from responsible companies duly authorized and licensed to do business in the State of Colorado. To the extent possible, any casualty, property, or liability insurance shall: (a) provide for a waiver of subrogation by the insurer as to claims against the Association, its directors, officers, employees, agents, and Members; (b) provide that the insurance cannot be canceled, invalidated, or suspended on account of the conduct of the Association, its officers, directors, employees, and agents; (c) provide that the policy of insurance shall not be terminated, canceled, or substantially modified without at least thirty (30) days' prior written notice to the Association; and (d) provide for a standard Mortgagee's clause in favor of all First Mortgagees. Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practice and which shall be consistent with the requirements of any First Mortgagees. Any loss falling within the deductible portion of a policy shall be borne by the Association and collected through Common or Special Assessments. The cost and expense of all insurance obtainable by the Association shall be paid out of Association funds collected by such Common and Special Assessments. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policy is sufficient to make any necessary repairs or replacement of insured property which may be damaged or destroyed. Section 9. 03 . Easements Public Liability and Property Damage Insurance. The Association shall obtain and maintain comprehensive general liability insurance, including non-owned and hired automobile liability coverage, owned automobile liability coverage (if there are any owned automobiles) , personal injury liability coverage covering liabilities of the Association, its officers, directors, employees, agents, and Members arising in connection (04/07/92) - 26 - E 1332 REC 0. 34135 04/13/92 10:56 $110.00 31042 F 0670 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO with ownership, operation, maintenance, occupancy, or use of the Easements and any other area which the Association is required to restore, repair, or maintain pursuant to this Declaration, with bodily injury liability limits not less than One Million Dollars ($1, 000, 000. 00) for each occurrence and One Million Dollars ($1, 000, 000. 00) aggregate. Each policy shall include a "severability of interest" endorsement. Section 9. 04 . Workmen's Compensation and Employer' s Liability Insurance. The Association shall obtain and maintain workmen's compensation and employer's liability insurance as may be necessary to comply with applicable laws. Section 9. 05. Association Fidelity Insurance. The Association may also maintain adequate fidelity coverage, if available at reasonable cost, to protect against dishonest acts on the part of directors, officers, agents, and employees of the Association and all others who handle, or are responsible for handling, funds of the Association. Such fidelity bonds shall (a) name the Association as an obligee; (b) be written in an amount equal to at least one hundred fifty percent (150%) of the estimated Common Assessments; (c) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; and (d) provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premiums) without at least fifteen (15) days ' written notice to the First Mortgagees and the Association. Section 9 . 06. Notice Upon Loss. In the event that there shall be any damage, destruction, or loss to the Easements and the improvements thereon, which damage, destruction, or loss exceeds the lesser of (a) a material portion of the Easements; or (b) the sum of Ten Thousand Dollars ($10, 000. 00) , then notice of such damage, destruction, or loss shall be given by the Association to all First Mortgagees with respect to such damage, destruction, or loss to the Easements. All such notices shall be forwarded within ten (10) days after the occurrence of such event. Section 9 . 07 . Other Insurance. The Association may obtain casualty insurance and such additional insurance coverage against such additional risks as it shall determine to be appropriate. ARTICLE X. DAMAGE OR DESTRUCTION In the event of damage or destruction to the Easements or improvements thereon due to fire or other disaster, the insurance proceeds shall be applied by the Association to the reconstruction and repair of the Easements or damaged improvements unless seventy- five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. If the insurance proceeds are insufficient to repair and reconstruct the damaged Easements or (04/07/92) - 27 - B 1332 REC x84135 04/13/92 10 :56 10 .00 32/042 _1 F 0671 MARY ANN FEUERSTEIN CLERK & RECOADER WELD CO, CO improvements thereon, the Association shall present to the Members a notice of Special Assessment for the approval by the membership in accordance with Section 5. 04. If such Special Assessment is approved, the Association shall make such Special Assessment and shall proceed to make such repairs or reconstruction. If the Special Assessment is not approved, or if seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise, then the insurance proceeds shall be used for the future maintenance of the Easements. If a Special Assessment is approved, the Special Assessment to each Owner and Lot shall be in the same percentage as provided for the payment of Common Assessments. Such Special Assessment shall be due and payable as provided by resolution of the Board of Directors, but no sooner than thirty (30) days after written notice thereof. The Special Assessment provided for herein shall be a debt of each Owner and a lien on his Lot thereon and may be enforced and collected by foreclosure proceedings in the courts. Upon approval of seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees, the insurance proceeds with respect to the Easements and improvements thereon which are damaged or destroyed may be distributed to the Owners, provided that any such distribution shall be made by check payable jointly to each Owner and the First Mortgagee, if any, of such Owner's Lot. ARTICLE XI. CONDEMNATION If, at any time, all or any part of the Easements shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Article shall apply: (a) Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called "Condemnation Award, " shall be payable to the Association. (b) Condemnation Award. The Condemnation Award shall be first applied by the Association to the rebuilding and replacement of those improvements within the Easements damaged or taken by the condemning public authority, unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. Any surplus of the Condemnation Award or other portion thereof not used for rebuilding and replacement shall be used by the Association for the future maintenance of the Easements. In the event seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree to distribute the proceeds of any partial taking, such proceeds shall be apportioned among the Owners in the same percentages as provided for the payment of annual Assessments and payment of said apportioned amounts shall be made payable jointly to each Owner and the First Mortgagee, if any, of such Owner's Lot. (04/07/92) - 28 - B 1332 REC 022841 '5 04/13/92 10 :56 $210 . 33/042 F 0672 MARY ANN F .ERSTEIN CLERK & RECORDER WELD CO, CO ARTICLE XII. ANNEXATION OF ADDITIONAL PROPERTY Section 12 . 01. Annexation of Additional Real Property. At any time prior to December 31, 2012, additional real property within the area described on Exhibit "C" attached hereto and incorporated herein by reference may be annexed by the Declarant without the consent of any of the Owners of Lots or Mortgagees having a security interest in such Lots. Section 12 . 02 . Documentation for Annexation. For any annexation of real property by the Declarant pursuant to the provisions of this Article XII, the Declarant shall cause a written instrument of annexation concerning such annexed property to be prepared and filed in the records of the office of the Clerk and Recorder of Weld County, Colorado, prior to the conveyance of the first parcel in such annexed real property. Any instrument of annexation hereunder by the Declarant may also contain additional or other different covenants, conditions, restrictions, easements, reservations and other provisions therein which are applicable to the real property thereby being annexed. The Declarant hereby specifically declares that the provisions of this Article XII are desirable in order for it to develop the Property described on Exhibit "A" in an orderly and complete development. Additionally, the Declarant hereby represents that if it annexes such additional real property described on Exhibit "C, " or any portion thereof, such annexation will not in any way limit, restrict or diminish the percentage of the Water Stock allocated to each of the Lots as described on Exhibit "B" attached hereto. Section 12 . 03 . New Additions of Open Areas. Easements and Cul-de-sacs. Annexations to this Declaration pursuant to this Article XII may contain new additions to the Open Areas and Easements and may increase the number of Members of the Association. In addition, all such additional Members of the Association shall be granted the non-exclusive right to utilize the existing Open Areas, Easements and Cul-de-sacs. Notwithstanding any such annexation, each Owner (regardless of whether such Owner is the Owner of the real property originally contained within the "Property" or is the owner of a parcel contained in the annexed property) shall remain fully liable with respect to the obligation for payment of Assessments properly imposed by the Association, including Assessments applicable to such new Open Areas, Easements and Cul-de-sacs. ARTICLE XIII. GENERAL PROVISIONS Section 13 .01. Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages (04/07/92) - 29 - 97:0?84 . ........ _ B 1332 REC 0. ,84135 04/13/92 10 : 56 10 .00 34/042 F 0673 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner, by the Architectural Control Committee, or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court shall award to the prevailing party in such litigation, in addition to such damages as the court may deem just and proper, an amount equal to the costs and reasonable attorney's fees incurred by the prevailing party in connection with such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 13 . 02 . Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. Section 13.03 . Duration. This Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect for a period of thirty (30) years from and after the date hereof, after which period this Declaration shall automatically be extended for additional periods of ten (10) years each unless the Owners of seventy-five percent (75%) of the Lots and seventy-five percent (75%) of the First Mortgagees shall elect, in writing duly filed, to terminate this Declaration at the end of said specified period; in which case, this Declaration shall cease to be and shall be of no further force or effect. Notwithstanding the foregoing, the provisions of the Declaration pertaining to the maintenance, repair, and renovation of the Cul-de-sacs shall not expire, but shall be perpetual unless specifically released by the Board of County Commissioners of Weld County, Colorado, or a municipality should the Property be annexed to such municipality at a future date. Section 13.04. Amendment. This Declaration may be altered or amended in whole or in part at any time the then record Owners of seventy-five percent (75%) of the Lots so elect through a duly written and recorded instrument; provided, however, that this Declaration may not be amended without the written consent of the Declarant, so long as the Declarant owns a Lot within the Property. Section 13 .05. Limitations on the Association. Unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees have given their written consent, the Association shall not be entitled to: (a) By act or omission, to seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the Easements (the granting of easements for public utilities and other (04/07/92) - 30 - 07762544 B 1332 REC 02 4135 04/13/92 10 :56 $. J .00 35/042 F 0674 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO public purposes consistent with the intended use of the Easements by the Association shall not be deemed a transfer within the meaning of this clause) . The sale of any Lot subject to an open space easement shall not be deemed a transfer for purposes of this paragraph. (b) Change the method of determining the obligations, Assessments, dues, or other charges which may be levied against an Owner. (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or exterior appearance of any building or other structures or the maintenance of the Easements. Section 13 .06. Management of Easements. The Association may obtain and pay for services of a managing agent to manage its 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 Easements; 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 terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 13. 07. Rights of 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 Easements, and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 13 . 08. Notice of Default. The Association may at its option provide each First Mortgagee with written notice of any default in the performance of any obligations under these covenants by its mortgagor which is not cured within thirty (30) days. The Association may also send to each First Mortgagee a copy of any notice of lien provided for herein. (04/07/92) - 31 - .0284 B 1332 REC 2284135 04/13/92 10:56 ,210.00 36/042 F 0675 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above. HARRISON RE CE CORPORATION, ATTEST: a Col o rporation 4„)„n cretary cretary Cr Harrison, President STATE OF l.d {1\ ,i7 j ss. COUNTY OF /)ji 1 ( 17'f � ) The foregoing igstrument was subscribed and sworn to before me this '7-i day of ( 4r-' , 1992, by Craig Harrison as President of Harrison Resource Corporation, a Colorado Corporation. WITNESS my hand and official seal. My commission expires: �_ .QiQ�} ',G'. Notary Pubic cr (04/07/92) - 32 - 920281 B 1332 REC 0. 34135 04/13/92 10:56 .0 .00 37/042 F 0676 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF aAYAa/L@ 0l () ) ss. COUNTY OFdQ LLfl ek) ) TJ1c foregoing nstriument was subscribed and sworn to efore me this h day of �r X , 1992, byChr:s-hna 3 rr .o' as Secretary of HARRISON RESOURCE CORPORATION, a Colorado Corporation. ......4...,WITNESS my hand and official seal. ......... . % "'commission expires: .3-g-9S ;,PUBV\G?• � Notary Publ4t • 47.OF.COCOI n..a (04/07/92) - 33 - 9%0281 B 1332 F ' 02284135 04/13/92 10 :5c $210 .00 38/042 F 0677 MnLY ANN FEUERSTEIN CLERK & .CORDER WELD CO, CO RATIFICATION AND CONFIRMATION The undersigned, having a security interest in all or a portion of the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approve, ratify, confirm and consent to the foregoing Declaration of Covenants, Conditions and Restrictions for Valley View Ranch. IN WITNESS WHEREOF, the undersigned have caused theixnames to be h7reunto subscribed this 14 day of ( ( A )\ i .t , 1992. -Seel /BalAdat Augu Schneider By }�p Frieda Schneider �.;(' STATE OF \ t(AnQVt- �) • ) ss. COUNTY OF ktf.YYLFi1 ) The forering instrument was acknowledged before me this day of LI , 1992, by August Schneider and Frieda Schneider. WITNESS my hand and official seal. My commission expires: - S' <';.'?.:. �'i,:\ cknzrr)p 1 A l_ )_/7/9(6-17 *\pZARY "s_c Notary Pubjl is (04/07/92) - 34 - 9:7028/41 B 1332 REr 02284135 04/13/92 10:56 $210 .00 39/042 F 0678 MA. ANN FEUERSTEIN CLERK & Rh..ORDER WELD CO, CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH Legal Description of the Property Lots A and B, of AMENDED RECORDED EXEMPTION NO. 0807-5-1-RE 465, Weld County, Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County Colorado as bearing South 00°33 '48" East and with all bearing contained herein relative thereto: BEGINNING at the Northeast corner of said Section 5; thence along the East line of said Northeast Quarter South 00°33 '48" East 2535. 68 feet to the East one-quarter corner of said Section 5; thence along the South line of said Northeast Quarter South 88°36 ' 51" West 1610.56 feet; thence North 00°32 ' 14" West 1272 . 65 feet; thence North 06°24 ' 54" East 1310. 45 feet to a point on the North line of said Northeast Quarter; thence along said North line South 89°59 ' 12" East 1450. 67 feet to the Northeast corner of said Section 5 and the POINT OF BEGINNING. Excluding Tract "A" as shown of the Plat of the Property dated March 19, 1992, and recorded April 13 , 1992, in the records of Weld County, Colorado. B 1332 REC 02 '4135 04/13/92 10 :56 $ 3.00 40/042 F 0679 MARY AhLJ FEUERSTEIN CLERK & RECORLER WELD CO, CO EXHIBIT "B" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH Allocation of Water Stock Lot Percentage of Water Stock Number Allocated to Lot 1 3.0% 2 8.5% 3 8 .5% 4 8.5% 5 8.5% 6 16. 5% 7 16.5% 8 5.0% 9 5.0% 10 5.0% 11 5.0% Tract "A" 10. 0% 100% 920284 B 1332 RE/ ')2284135 04/13/92 10: 56 $210.00 41/042 F 0680 MAh. ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "C" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH Legal Description of Additional Real Property Tract "A" , as shown on the Plat of the property dated March 19, 1992, and recorded April 13 , 1992 , in the records of Weld County, Colorado, being a part of the following described property: Lots A and B, of AMENDED RECORDED EXEMPTION NO. 0807-5-1-RE 465, Weld County, Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County Colorado as bearing South 00°33 '48" East and with all bearing contained herein relative thereto: BEGINNING at the Northeast corner of said Section 5; thence along the East line of said Northeast Quarter South 00°33 '48" East 2535. 68 feet to the East one-quarter corner of said Section 5; thence along the South line of said Northeast Quarter South 88°36 '51" West 1610.56 feet; thence North 00°32 ' 14" West 1272 . 65 feet; thence North 06°24 ' 54" East 1310.45 feet to a point on the North line of said Northeast Quarter; thence along said North line South 89°59 ' 12" East 1450.67 feet to the Northeast corner of said Section 5 and the POINT OF BEGINNING. l EXHIBIT "D" ATTAC 'D TO AND MADE A PART ",F DECLARATION OF 1 COVENANTS, CONDITIONS AND RESTRICTIONS FOR VAL...EY VIEW RANCH Plat of Transmission. Distribution and Drainaae Ditches t, ( --� --Z( HEADGATE 1 it " N . TRACT 'A' I " \�� `,,. E-- TRANSMISSION• / , N , DITCH . • 1!' \ r HEADGATt I-- HEADGATE 3 , V sr LOT 2IP LOT 3 , � �. , (N u �!I�f�•DISTRIBUTION4( 'E- TRANSMISSION o III DITCH TO I j \ `\ DITCH N 0 ! I LOTS 384 \ . . E a I r � \\ o w I4r-DISTRIBUTION , \ r co• x •i DITCH TO HEADGATE 4 i . • ;ii • � i -� :a II LOTS 2,586 r I I `, N a I I i a I '. .` �y', o I • [` ;� LOT t, .DISTRIBUTION ko D: LQT 5 LOT 4 DITCH TO [ o '� • / 1' LOTS 1,10,11 '.ray I _____ Q n� 0, U I P .•'HEADGATE 5 C ' el Z ,r .a • C/ E H d ;;' ce, LOT 11 \ � ,\ I o w O`` •• `� r in ca �P•. I ' E-- TRANSMISSION rr w �> I TCH c w T . ii I co Z Cr.: LOT 6 , � DISTRIBUTION / • n4 4 N 2 I . OG . 4' DITCH TO o r.1 • „/ LOTS 687 / LOT 10 N •'•r Qom:• /., �/ ' ' APPROX LOC DRAINAGE DITCH AREA EA ,; en 1D 4,1,.. .. .' /TRANSMISSION DITCH ' mw `' �r� r LOT • gyp' \ \\ DISTRIBUTIO 7Np G .�Oa.' \\\ . +..o Q. • \\•,\\ DITCH TO ••44:44.47°4, o cfr.' •�e �?r, \ LOTS 9 oF ,� `' q• HEADGATE 6 'a 0o 0 ,. ,. LOT 8 ,R4.. , LOT 1 N TRANSMISSION-• \\ DITCH `.\� \ l 2ZC?81 c. P 387 472 618 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) HARRISON RESOURCE 760 WHALERS WAY BUILDING A, SUITE 200 FORT COLLINS, CO 80525 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered U, m Return Receipt showing to whom, Date,and Address of Delivery e TOTAL Postage and Fees 0 Postmark or Date CO 61/5/9 in Mar en -if 301%2 as -P40141 O.e rn eloa 4 • Complete items 1 and/or 2 for additional services. I also wit to rsoSWe the • Complete items 3, and 4a & b. following services (for en extra • Print your name and address on the reverse of this form so feel: that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery • Write "Return Receipt Requested" on the mailpiece next to Consult postmaster for fee. the article number. 3. Article Addressed to: 4a. ArtidlB Number P an tf'2 (Pig 4b. Service Type HARRISON RESOURCE ❑ Registered ❑ Insured 760 WHALERS WAY gl Certified ❑ COD BUILDING 1, SUITE 200 ❑ Express Mail ❑ Return Receipt fry Merchandise FORT COLLINC, CO 80525 7. Date of Delivery MAY 1 819,92 5. Signature (Addressee) 8. Addressee's Address iOnly if requested and fee is paid) 6. Signe ure (Agent) couid PS Fen": ar 1990 eu.s,avo ,warnaf fn,.;, DOMESTIC RETURN RECEIPT ani-enak - Dtia e _ q``Pa No/MP/side: 257/14. 160/l eft COLORADO DEPARTMEN . OF TRANSPORTATION Local Jurisdiction:Weld County Dist/Section/Patrol:04/01/17 STATE HIGHWAY ACCESS PERMIT DOT Permit No.: 49200&' SHMW:Don Jacoby (between 8-8:30 a.m./353-9991) Permit Fee: $100 Date of Transmittal:02/20/92 THE PERMITTEE; Harrison Resource Corp. 760 Whalers Way - Suite A200 Fort Collins, Colorado 80525 Phone: 226-4100 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 any time the permitted access and its use violate any of the terms and conditions of this permit.The use of advance warning and construction signs,flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: Access is to be located on state Highway 257, a distance of 845 feet north from Mile Post 14 on the west/left side. ACCESS TO PROVIDE SERVICE TO: Six single-family dwellings 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 Access Code. 2. This access shall continue to exist until such time that other reasonable access to an alternative street is available and permitted. 3. Left turn movements in and out of the driveway(s) may be prohibited as 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 con- struction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. Access 525 feet south of permitted access to be removed and ditch restored to match adjacent ditches. VL:14.a�� **SEE DESIGN ATTACHMENT "EXHIBIT A"** r »', ��, si , MUNICIPALITY OR COUNTY APPROVAL f, ?MO Required only when the appropriate local authority retains issuing authority. %a C 0,� �• • 0 By (X) Date Title �£Itj,rTc.O L Upon the signing of this permit the permittee agrees to the terms and conditions and reference c ments 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 co r ." g construction within the State Highway right-of-way. ThO pe"Fson Signing = e .• ittee Ir t be the owner or legal representative of the property served by the permitted access and hay- . a •r' • accept e •ermit and all it's terms and conditions. 0/z-1192— _�� Date �ertnittee( . • Ce•rier•}}asula 3i) This permit is not valid until signed b a duly authorized representative of the Department. DEPARTME OFTRAN N, STATE OF COLORADO e tZ\qZ'By ( Dat Title Deputy Maintenance Supt. District I y (Date of issue) COPY DISTRIBUTION: Required; Make copies as necessary for; Previous Editions are Obsolete and will not be used 1.District(Original) Local Authority Inspector - rrZ COOT Form#101 �'t MTCE Patrol Traffic Engineer • 920284 7/91 I stall ROw The following paragraph are pertinent hlights of the State Highway Access Code.' se are provided for your convenience but do not alleviate compliance with at, actions of the Access Code.A copy of the Sta..:Highway Access Code is available from your local issuing authority(local government)or the Colorado Department of Transportation (Department).When this permit was issued,the issuing authority made its decision based in part on information submitted by the applicant,on the access category which is assigned to the highway,what alternative access to other public roads and streets is available,and safety and design standards.Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature.The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission,4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications,meetings,or negotiations with the Department regarding revisions and objections to the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk • and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access.Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site.If necessary;minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This • is also required by section 42-4-501,C.R.S. as amended. The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes in use and violations 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are; an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority.The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system,including those culverts under the access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild,modify,remove,or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written _ concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway.operation;or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. ((��, //�� 9-.:0281 EXHIBIT A DESIGN 1. Driveway shall be constructed 18 feet wide with 25-foot radii . Width at R.O.W. to be 18 feet, as per Exhibit "B". 2. The access approach shall be surfaced immediately upon completion of earthwork construction and prior to being used. 3. Surfacing shall consist of 4 inches of ABC Class 6 and shall extend from the highway travelled way to the right of way line. Specifications for these materials are attached. 4. The first 20 feet beyond the closest highway lane, including speed change lanes shall slope down and away from the highway at a 2% grade to ensure proper drain- age control . 5. The horizontal axis of the access is at a right angle to the centerline of the highway and extend a minimum of 40 feet beyond the outside edge of the nearest lane. 6. An access that has a gate across it shall be designed so that the longest vehicle using it can completely clear the travelled way when the gate is closed. 7. The side slopes of the access approach shall be 6:1. 8. Drainage to the State Highway right of way shall not exceed the historical flow. 9. An adequate length of new 18-inch corrugated steel pipe, or approved plastice sub- stitute, shall be provided. 10. If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 11. Owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. 12. Survey markers present must be preserved in their original positions. Notify 350-2173 upon discovery of any such markers. 13. Accesses which require a break in the right of way fence shall not allow livestock to enter the highway right of way. 14. Cattle guards shall not be permitted in the State highway right of way. 15. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR. 9084 COLORADO DEPARTMENT OF HIGH' YS authority (APPLICATION FOR STATE HIGHWAY ACCESS PERMIT Issuing Bicationauthority acceptance Instructions: te - contact the Department of Highways or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form(some questions may not apply to you)&attach all necessary documents and submit it to the issuing authority. Submit an application for each access requested. Pleaseprint or f — - if you have any questions contact the issuing authority. type 1) Property owner(Permittee) - 2) Applicant llnrriron Pesource Corporation Harrison Pe^,nurne Cnrporat"_nr street address,city, street address,city, '60 Whalers Way, Suite A200 760 Whalers ']ay, Suite 11200 state&zip F ,y'rt. r, ' Z.t a. _.•, Ph 'one 71 ,.,e, state&zips.,F,^ t Co_I L??P Phone s C�,1 Drnc'ti t30525 (303) 276-4100 C.< 1nraclo 80525x ' ( 303) 226-4100 3) Address of property to be served by permit(if known) 1) ) nn'- know 4) Legal description of property: See exhih it county subdivision block lot section township range ':lout vat Ley V1eF7 I I 5 I6 I 67 5) What state highway are you requesting access from? 6) What side of the highway? 25T ON ❑ S OE 'OW 7) How many feet is the proposed access from the nearest mile post or cross street? ''000 4 ' feet( N S E W )from Harmnny an(1 257 8) Check here if you are requesting a O new access O temporary access El improvement to existing access O change in access use 9) What is the approximate date you intend to begin construction? Withn three veers 10) Do you have knowledge of any State Highway access permits serving this property,of for adjacent properties in which you have a property interest. o yed ❑ no If"yes" - what are the permit number(s)? ? and/or, permit date 11) Does the property owner own or have any interests in any adjacent property? s: ❑ yes ti , no If"yes" - please describe: 12) Are there existing or dedicated public streets,roads,highways or access easements bordering or within the property? ,,? nlnn ❑ yes fig no If"yes" - list them on your plans and indicate the proposed and existing access points. 13). If you arefe9uesWtgconinercla,orLlgustrialaccess please Indicate thp_types and number of businesses and provide the floorarea square • . footage of each? dusiness square footage business square footage , • ✓ e . -. kp✓'.. . - 14) If you are requesting agricultural field access - how many acres will the access serve? ' 15) If you are requesting residential development access, - what is the type(single family,apartment,townhouse)and number of units? type number of units type number of units Single family 6 16) Provide the following vehicle count estimates for vehicles that wilt use the access.Leaving property then returning is two counts.Indicate if your counts are peak hour volumes CI or average daily volumes* #of passengers cars and light trucks *of multi unit trucks s of other vehicles all *of single unit vehicles in excess of 30 ft s of farm vehicles(field equipment) Total Count of All Vehicles GO re r (lay based on 10 per house 17) Check with the issuing authority to determine which of the following documents are required to coSiplete the review of your application. (plans should be no larger than 24"x 36") 4Gop 165 _ Property map indicating other access,bordering roads and streets. • Highway and driveway plan and profile. .Proposed access design. - '1" - (j)) Drainage plan showing Impact to the highway right-of-way. Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after h) Signing and striping plans. development in and along the right-of-way. I) Traffic control plan cal Subdivision,zoning,or development plan. j) Proof of liability insurance If an access permit is issued to you it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. THE APPLICANT DECLAR-ES,JNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE-O FEDERAL LAWS, THAT ALL INFORMATION PROVIDED ON THIS FORM AND SUBMITTEDATTA ENTS-AR TO THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE. Applicant si9ti9 e _ Date C l� If the applicant is not the owner of the property,we require this application also to be signed by the property owner or their legally authoriz esentative (or other acceptable written evidence). This signature shall constitute agreement with 'cation by all owners-of-interest unless stated in writing. If a permit is authorized, the property owner w n- a listed as the permittee. Property ownef sig Date - --t---a— �__ I -_ Z 41-- °I 7_ - - Previous editions may be used until supplies ore exhausted 920281% CDOH Form*137 1/89 -1R ROAD & HIGHWAY CONSTRUCTION GREELEY AREA AGGREGATE BASE COURSE "CLASS 1" This material is generally aced on the existing soils or s• rade. It is referred to as the subbase and it forms the om of the roadway struct e. It should have a large rock; 1-1/2" ; an intermediate rock; 44; a binder; 4200. e binder is a dust. This dust serves to bind the aggregate together. 'hen placej., nd compacted with the proper moisture content a subbase will become very stable 'a s gort traffic loads. It is important that the material be relatively free of clay par ' that reduce its strength. Sieve S. % P ming 1 /211 100 �\ ug 30-65 #200 3-15 Liquid Limit not greater than 35 Plasticity Index not greater than 6 Minimum "R" Value 78 AGGREGATE BASE COURSE "CLASS 6" 4 InG4ve5 The Class 6 Aggregate Base Course is normally placed on top of the Class 1 material . In some applications it may also be placed on the soils or subgrade. It has the same characteristics that a Class 1 has except that it is a little finer. It will develop sufficient strength to support loads if placed and compacted with the proper moisture content. Sieve Size % Passing 3/4" 100 #4 30-65 48 25-55 #200 3-12 Liquid Limit not greater than 30 Plasticity Index not greater than 6 Minimum "R" Value 78 HOT BITUMINOUS PAVEMENT Grading "EX" Sieve Size Job Mix Formula - % Passing Toler . e - -- None --- -- -- -- 1/2" 100 + 8 44 65 + 8 #8 55 T3 4200 Asphalt required in mix Grade AC-10 % 5.8 . imum (By Weight°of Total h .-4.....h .-4.....Mixing Temper ure 280° + 20 F. Minimum Ind_ of Retained Strength 75 HOT BITUMINOUS PAVEMENT Grading "E" (Same as above except for rollowing gradation) Sieve Size Mix Formula - % Passin Tolerance 3/4" 6 None 8 44 48 0 ',,` + 8 4200 9 3 Q-711 v, _a VALLEY VIEW RANCH PUD DRAINAGE ANALYSIS I . INTRODUCTION Valley View Ranch consists of approximately 90 acres proposed for eleven small acreage lots. The property is bordered by Colorado State Highway 257 on the east and Weld County Road 74 (Harmony Road) on the north. To the west and south small acreage estates are planned for or built. The site includes 5 .95 acres of highway or county right-of-way which is not included in the buildable acres. II. HISTORIC CONDITIONS Approximataely half the site has a natural drainage pattern from north to south with a grade break longitudinally which follows an existing irrigation ditch. Runoff from this grade break flows to the east and west. Due the topographic layout no offsite drainage will be considered. The site is currently a grassland farming operation. Do to the proposed use of the property, groundcover (alfalfa) would remain undisturbed for the grazing of domestic livestock owned by the homeowners. Each site will have a building footprint consisting of a one- acre circle in which all permanent buildings (house, barn, tackshed, corrals etc. ) must be built. This will significantly reduce random erosion due to vehicle traffic into and around the property. III. SUMMARY By concentrating the imperviousness caused by graveling and roof construction, the large size of the lots and the relative lack of disturbance on the lots we feel the "historic" runoff has not been increased significantly and therefore, storm drainage appurtenances, i.e. detention ponds, storm sewers etc. , are not necessary. This has been approved in previous meetings with Drew Scheltinga, Weld County Engineer. 9;2;0281 The Engineering Co. 21111 East I'rospet F t. ('nllins. CO K115Y5 ('hone 1.5(U) 1st 7477 a) C O OOrL9,. 0 .! • 9NILSIX3 '+31vw 00+ . 0 e9 r• � Wd ISITd-lo'i--it-.7- ILii �Ad t L+ i9�:; 1 1 1,. . L D! as } jI 3,19'30 .-u1Q S ,s.-DO • I:, I •I I I•I ,, ' I ,l I I �f Lira I I1' 1 ., . • 1 .-_.. •-t,-_ 1 - ------ - -._.--- i{- ; --. Id _L _ L9 L9 + :I I, �D I I • I , III I I. • . • QF 1'•1 Ill i : t;:1: , ,!.f '' !I! ? I • • ,I.LPI" L9 - -- - - - `' 334 �9'tt+ I, [VIIII • Q x W 10'L9 . • . _I\ xvaae 3ava0 -"zf+ , III ! 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O I 'LW JIMW awls \ `v \ \A `.I rat mEmoRAnDum WI`D Rod Allison, Planning February 3, 1992 To Date Drew Scheltinga, County Engineer COLORADO From Valley View Ranch PUD, S-319 Subject: I have reviewed the Subdivision Improvements Agreement attached to your memo of January 29, 1992. Also, Mr. Harrison supplied a cost proposal by Schmidt Earth Builders dated December 10, 1991. The cost estimates appear to be reasonable and are correctly reflected in the proposed Subdivision Improvements Agreement. p V FEB 41942 Weld Comity Planninn DS/mw:prval.mrw cc: Commissioner Webster Planning Referral File - Valley View Ranch PUD, S-319 .20281 mEmORAnDum WIDc Weld County Planning January 28, 1992 To Date COLORADO Judy Schmidt, Supervisor, Environmental Protection ServicesOf— From Case Number: S-319 Name: Harrison Resource Corporation Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. A Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Due to shallow overburden and the close proximity of bedrock and grounds water to the surface, engineer designed systems will be requied in some locations. 2. No permanent disposal of wastes shall be permitted at this site. 3. Fugitive dust shall be controlled on this site. 4. The maximum permissible noise level shall not exceed the residential limits of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 5. An I.S.D.S. Evaluation on any existing septic systems will be necessary, prior to issuing the required septic permits. JS/lam-E184 J c 1� , 1992 JAN altpm'^n..,o t Melt!te. 9,20284 EORRflDU winkTo Rod Allison, Planning Date \28, 1992 COLORADO From Drew Scheltinga, County Engineer Subject: Harrison Resource Corp. S-319 We have worked closely with Mr. Harrison during the sketch plan phase and he has submitted a complete and well-prepared application. I have no recommendations or comments. ,11 Z1 2 i939 4r�leld Con:',%!:::'^.7 DS/mw:prharr.mrw cc: Commissioner Webster Planning Referral File - Harrison Resource Corp. S-319 LAND-USE APPLICATION SUMMARY SHEET Date: January 28, 1992 CASE NUMBER: S-319 NAME: Harrison Resource Corporation ADDRESS: 760 Whalers Way, Suite A200 Ft. Collins, CO 80525 REQUEST: A Final P.U.D. Plan, 1st Filing, and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: West of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in Section 28.13 of the Zoning Ordinance. The Department of Planning Services' staff has received recommendations from the following referral entities: 1. Town of Severance; 2. Larimer County; 3. Sheriff Ed Jordan; 4. Colorado Department of Transportation; 5. Oil and Gas Conservation Commission; 6. Jean Hoffman, Planning Commission; 7. Windsor/Severance School District; and 8. Windsor/Severance Fire District. The Department of Planning Services' staff has not received any objections to this proposal. 9202,34. FIELD CHECK FILING NUMBER: S-319 DATE OF INSPECTION: June 25, 1991 APPLICANT' S NAME: Harrison Resource Corporation REQUEST: A Final P.U.D. Plan, 1st Filing, and a Site Specific Development Plan. LEGAL DESCRIPTION: Part of the E2 NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to Highway 257, south of and adjacent to the Town of Windsor. LAND USE: N Weld County Road 74, agricultural production, Amended USR- 735 (cattle feedlot, horse stable) . E Agricultural production, 2 residences. S Agricultural production, 2 residences. W Agricultural production, 2 residences. ZONING: N Windsor Planned Unit Development (Commercial and Industrial) A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Existing access to the parcel is from State Highway 257. State Highway 257 has a total future right-of-way of 150 feet. Weld County Road 74 is located north of and adjacent to the subject parcel. Weld County Road 74 is a paved county arterial road with a total right-of-way of 100 feet. Existing improvements on the parcel include a single family house, a metal shed, 3 additional outbuildings, livestock pen, and an irrigation ditch lateral system. The lateral system runs from north to south across the parcel. A small lateral branches off to the east, north of the existing improvements. The property slopes gently from the north to south. The livestock pen drains to the southwest. The balance of the 87 acre parcel is used for agricultural production.` Principal Planner (� yy��jj S 31284 106... I G ,' r I� \ 1 1-4- —`1..., c �\\....\ ° �- tr • y' �11 1 i i t�,• \s , :, 1. 13 IS 7'1104. .. T9N. - (� l� " I :l I \o. 1 'VC, I.. Hkr • 2i I %102... ¢ I ....f! ,. r. 1. L/ xf L, L� •iry (so I I n :, L, z, Lc41 i . 100.. . .. • ' j n \‘,...„Nil: vim., ...,....,: \ \ ee ss�'artu. ...;n, • i I 1. Le\` \�\ L� 98. .. — �L Second 7�0• 'rrU"Ns.1' • v Ip • \• I • Cr tip \ P a • 96. .. . . lii� , , v4 •1 .° ,z. I ' 1�\ +T 8: 1L 'T :Ill i� 1� I i \\` \ a`� \� 92.... _ 90... . : n v ii �xa z. T s 1 Lo ric ii\.. I ° �: 21 *.. \ • •�� ` ', L, I z.• :e �° I x• �: Z. 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REFERRAL LIST NAME: CASE NUMBER: REFERRALS SENT: REFERRALS TO BE RECEIVED BY: 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 X Division of Water Resources _Gilcrest _Geological Survey _Greeley Department of Health _Grover X Highway Department Hudson _Historical Society _- Johnstown _Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _- Lochbuie _Ault F-1 _Longmont _Berthoud F-2 _Mead _Brighton F-3 _Milliken _Eaton F-4 New Raymer _Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn Hudson F-7 _Platteville Johnstown F-8 • X Severance _ La Salle F-9 _Thornton Mountain View F-10 ErbE X Windsor _ _Milliken F-11 Nunn F-12 COUNTIES _ Pawnee F-22 ____Adams Platteville F-13 Boulder _ Platte Valley F-14 • X Larimer _ Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _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 Mr. James R. Raine _Longmont School District RE-4 ____West Adams P.O. Box 609 Windsor, CO 80550 COMMISSION/BOARD MEMBER X Jean Hoffman 9202 } , DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET WI GREELEY,COLORADO 80631 IBC. ce, COLORADO �� JAN > il,2 weld Cot!^_ty Planninn January 2, 1992 CASE NUMBER: S-319 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Site Specific Development Plan and a Final P.U.D. Plan, 1st Filing. The parcel of land is described as part of the NE4 of Section 5, 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 west of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 16, 1992, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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 . k 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. c [� Signed: . __ �/Y/�r2,5 Agency: t6UDf\1 CV ��uE> RuC,.� Date: r7 920284 `t 00 ' 398d 0829 989 Cu, 8V : OI 26 , E2 NEif EDUCATION FOR LIFE A1 N DSOR James R. Raine. Ed. 0. Superintendent of Schools January 23, 1992 Weld County Planning Services Weld County 915 10th Street Greeley, CO 80631 Attn: Rod Allison Gentlemen: Attached is a copy of an impact fee request that we sent to your office on June 24, 1991. It continues to be our request that a fee of $463 . 13 per unit be assessed this development. Please call if you have questions. Sincerely yours James R. Raine Su intendant of Schools lb Enc. WELD COUNTY SCHOOL DISTRICT RE-4 920284 '4 1020 Maln Street . P.O.Box 609 . Windsor,CO 80550 • (303)686.7411 Z 'd 9b:0i Z66i 'tZ'l b3b h1N003 013M WOdd V8ZO6 • S00 . 3Dtld . 08ZS 999 808 617 : 01 26 , 92 NHI OO O 'C) r.--I N O N K ro • M pro N k O 0 H co o O rl 'Q O •D N V ri O .-1 O H ri N 0 0 0 0 N O r-I 03 .D M r y M N It) 1, •l. }) 00 }) r1OON ) ro O a. EiOOOO COO 0 p.m Mits ri to O 'A C M M t� ro . 0,ri ri in 4J .-4d r•1 S4000 H Salo 0 0 r" .-I co O O O N N O I N To o °O Os 4 ro }J 0 O )d 0 G 0 R' an N a) rd NM Z a 4 w0 7 )- 00 •-1 ri co O co 0 N N N N O O O rho M 000 EI z000 co t- o O O •d• H OOO • O O 0 0 0 0 a) co O O O P aim so ri ro ro P7 a U o v O V• CO CO O O O O M OO O co LION n N O M• co O CO M el el N N N LC1 M • O0 O O r4 O On C 0 W W M O C % W (11 '0 V >14-) 0) iJ C .a) C +) Ll O 2 V •M 0) O •rI .r1 0--•1 IV 0 itlal -.-I 0 LL 0' T1 ..0 4 0 gb •rl H W ill •..I 0 k n 0) OW O O O).ri4-) .� C b 01 a a)c [1. G 0 o a a) O .C O al -4 'tl 01 I 0) O 4-) El P4 0 to � zf C U tp rl E 0 g 4-1 mi 1-i w o O rl rC 01 u) rd Z 1d ri {'. O r1 m'qz N 0 G }•1 N I.4 WTI 01 0 )) O.7 Y O-mo 'd -P to C (OgC 'm 0 a .nwlxH wc°) .rcEi40' E-004 S 'd Lr :01 Z66t 'tZ'1 b31J h1N1100 013M W0ii3 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-400O,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 111 COLORADO JAN 2 ? 199 Weld County Plan;„ January 2, 1992 CASE NUMBER: S-319 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Site Specific Development Plan and a Final P.U.D. Plan, 1st Filing. The parcel of land is described as part of the NE4 of Section 5, T6N, R.67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 16, 1992 , so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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 towm for the following reasons: 3 . ,/ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. P ease refer t[tto the enclosed /llefieemot/tter. Signed: G�11�.�� /iLG7i Agency: d'// / /� �So A,- 1)✓P�7 Date: /— 7/- 9 2— 920284 f. /L f c-e�� v y1 ��? ____ �9j�2,, DEPARTMENT OF PLANNING SERVICES b PHONE(303)356 4000,EXT.4400 _ , 915 10th STREET Illist v vie a .+ GREELEY,COLORADO 80631 O z JAN oT Li_ > a COLORADO ,, tv-/ i m January 2, 1992 r CASE NUMBER: S-319 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Site Specific Development Plan and a Final P.U.D. Plan, 1st Filing. The parcel of land is described as part of the NE4 of Section 5, 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 west of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 16, 1992, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. X We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ��i�or9cm Agency•.4tl ate- �� t Date: Pr_ ),5L // 920284 hR.tr. FA. 1 INTER - OFFICE ME P1 0RANDUM f ' 4 4— ' s T0: Rod Allison, Principle Planner s ? 4.ka° c_o<) FROM: Sheriff Ed Jordan DATE: January 8, 1992 RE: S-319, Harrison Resource Corp Mr. Harrison has discussed the earlier recommendation from this Office regarding this project. He indicated our forecasts of what revenue could be anticipated did not include any assessment for the value of the lot. This was a valid concern. Additional revenue projections were modified to include an assessment for land. Based upon these forecasts, the Sheriff ' s Office had no objections or recommendations regarding this project. 920284 t?30-8?-0?_9 CC rrn R r DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 rt r: - 915 10th STREET 119 �' -- - GREELEY,COLORADO 80631 O o(111 �„ n�\d;l �i� C� FEB 1 3 192 l COLORADO l . 1Ycki CDi.:Je:Mon lg January 2, 1992 CASE NUMBER: S-319 TO WHOM IT MAY CONCERN: Enclosed is an application from Harrison Resource Corporation for a Site Specific Development Plan and a Final P.U.D. Plan, 1st Filing. The parcel of land is described as part of the NE4 of Section 5, 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 west of and adjacent to State Highway 257 and south of and adjacent to Weld County Road 74. 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 16, 1992, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal 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 6. � Agency tivr�2�L/ Date: /i//42_— 920284 OF COL... - w \� JERIS A. DANIELSON ROY H `� O'� State Engineer Governor I � �' ; a 2 1876 4t OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 �/ V Denver, Colorado 80203 (303) 866-3581 I FEB r 1992 FAX[303]866-3589 January 30, 1992 meld co.rnh/pi eenF^� Mr. Rod Allison Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Valley View Ranch PUD NE1/4 Sec. 5, T6N, R67W, 6TH PM W. Division 1, W. District 3 Dear Mr. Allison: We have reviewed the above referenced proposal to create an 11 lot subdivision on a 76.75 acre parcel. The water supply is to be from the North Weld County Water District, however no letter of commitment for service was included. We understand that the District requires service petitioners to purchase one share of Colorado Big Thompson water for each tap applied for. We have no objection to the proposal and recommend approval contingent upon the applicant providing to the County a copy of the District's letter of commitment for service. If you have any questions in this matter, please contact John Schurer of this office. cerely, C ufw, CN4aa Purushottam Dass, P.E. Supervising Water Resource Engineer PD/JS/valview cc: Alan Berryman, Division Engineer 920234 STATE, OF COLORADO DIVISION OF HIGHWAYS �;� „_....,.rr., P.O. Box 850 Greeley, Colorado 80832-0850 . (303) 353-1232 vc" •h1� "" .• /I� S�,Ali ! .`! • rYrr . l\ yr •�� Weld Co. , S.H. 257 Valley View Ranch Change of Zone to P.U.D. , SW Corner S.H. 257 & C.R. 74 August 12, 1991 Mr. Rod Allison, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the Harrison Resource Corporation application for change of zone for the Valley View Ranch project, and our comments on the development remain the same as in our letter of June 27, 1991. A copy of that letter is attached. It is recognized that there has been a Lot added on the southern portion of the development, and that access for that Lot is to be a shared access with four other Lots. The addition of another dwelling to the shared access does not cause the need for speed change lanes for the access. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, 1/771(..) O7O0a) Evan A. Hooper,/Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost G.E. Sisson >File 920284 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING Director 1580 LOGAN STREET JOHN R. STOWELL Deputy Director DENVER, COLORADO 8O2O3 PATRICIA C. BEAVER (303) 894-2109 FAX ROY ROMER Technical Secretary (303) 894-2100 Governor January 7 , 1E9 .: Rod Allison Department of Planning Services :45 10th Street Greeley, CO 80631 Re : Case Number S-319 • 1-Dear Mr. Allison, I have reviewed the P.U.D. Plan for the Harrison Resource Corporation in Weld County. The concern I have is that the plan did not clearly address the ability of an Oil and Gas Company drilling on the property. The minerals rights have not been purchased by the developer and it appears the right to drill and produce oil and gas is still there. I have attached Order 467 and 407 that has addressed this issue in Adams County. We have also had a hearing on the development at Erie Air. Park_ I believe the issue is best addressed at the beginning of the development stages so everyone understands their rights. A hearing before the Oil and Gas Commission must be held to get this type of Order in a residential area since our general Rules and Regulations address setbacks from existing houses, not planned houses. If you have any questions please call . Yours truly, ` .461441 ! '' Stephan Pott Sr_ Engineer JAN t 1992 9 k284 FIELD CHECK FILING NUMBER: Z-463 DATE OF INSPECTION: - /e/. 9 PRINCIPAL PLANNER: PLANNER: Rod Allison APPLICANT'S NAME: Harrison Resource Corporation REQUEST: A Change of Zone from A (Agricultural) to P.U.D. (Agricultural, R-1, C-1, and C-2) uses. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74; west of and adjacent to Colorado Highway y 257, and south of and adjacent to the Town of Windsor. LAND USE: N �;w<at /�"7 ( 214A ... Al /reL tltizA.} Z6A—n,. JO, y E ('�a-c----1' /L.-a-t Co S'7) �C.J�.�.K / s t/v5.< <. c�C.L y L' p W �q,''=In--..� V•,/7-�: F a -C. �r,�.�,,. .,1-2 / - ,�-J"Cf �..dY,�2.ik tick "...tit,- ZONING: N A (Agricultural) Amended USR 735 , and Town of Windsor) E A (Agricultural) �.z, -"1— L-;" S A (Agricultural) � w. N 711 14^- �� 7v W A (Agricultural) _,:,, COMMENTS FnL 0 ta ,rc h , et,-( r �-) c c v i-- _ . 0 Lk WwwC� _ J. i / ' r C /C . , /71:3?: z c'7 At--1 S �u . I L 1? ✓ _f I D . J o AUG i - 1 991 9ZO284 nay;ommissso r B5,192 920284 • STATE OF COLORADO ) r� )s.s. J^'1 1 on . COUNTY OF WELD 1 ---) (Meld Car'^?•a R Mnrnflo David 8. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in K burg in said County and State; that said newspaper has a general circulation in said County and has been continourly and uninterruptedly Published therein, • during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the rror[ceoFnslrctE amc act of the 6 1 Assembly of the TM weldzC�pprW�uvc P1l�annyin�g Cam State of Colorado,, entitled "An Act ' FeWuary4 1992,at 1:3Q pmm. to .fie to regulate the printing of legal � eS� °m notices and advertisements, " and Piddmaibedbelow apptwsd amendments thereto; that the notice ra may ` te a ��amerty right pasuard to Colorado of which the annexed is a printed IAPPIIC : Harrison Resource Copy taken from said newspaper, was I'M.DESCRIP ION: Part d the RhPM WedgyC5p,uT&y�R�Cola' d the published in said newspaper, and in TYPE AND IRTENSITY og the regular and entire issue of PROPOSED ° Planned °"t uu: Plan,1st Filing. . every number thereof , on: w� dam adac m Sate Highway 757, and south d and 1ad tlo Weld County Rwd 7a once a week for cf7F': 76 aces,more or 11e he Cm will.he held in th successive weeks; that said notice w b' Cm Heitg Room, .First Floor Weld Cow was so S Cerdetuual Center, 9�5 Tesdh published in said newspaper Geeley, Colorzdo. Comment m proper and not in any supplemenp, d �a m abo e shnte be suhmided m wrim�g Wu Ue thereof , and that the first Web Tenth dPa ui, SevKcs, Co oStreet, Rom, 3h Greeley, Colorado 80931, te the publication of said notice as elite gate e presented atpublic hearing m Febmaty$1992. aforesaid, was on the n door ore available ea a nerit �� d Services Ran R7. Wnld day of_ caua Ceneuua me 915 Tenth 19 l ^ Smt Greeley,coiozim ebstl-phone uaa, 1TT"BfarybebecamaaPabli- Ly Ylanrang Catmi¢slai and t e last on the day of d,mmde R`e Hews ppublishMane 11 Ihue b}�_ - . 1992. 1'uhGsal in The hew Revs danu;n} t/1442:. ii 9,1_2-__ Subscribed and sworn to before me this /1_.day of(/ yccc. , _. 19 /////// /7 4n n P'".CL''�C,rr.lr c..—.t. d My C9mmis.s or r .,,, t.`' , ,° 2 99 920284 SURROUNDING PROPERTY OWNERS INTEREST AND/OR SUBSURFACE ESTATE Harrison Rasource Corporation S-319 Annette A. Leazer 2801 Dunbar Avenue Ft. Collins, CO 80526 Amigo Farms, Inc. 1200 Carousel, Suite 100 Windsor, CO 80550 Joy A. Jefferson 35 Martin Lane Englewood, CO 80110 Peter C. and Nancy D. Hyland 2512 Falcon Road Ft. Collins, CO 80526 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 KM Company 3201 Shore Road Ft. Collins, CO 80524 Lucille P. Stockover 39 Ward Drive - Suite 201 Greeley, CO 80634 Luana M. Simmons 2930 Silverwood Drive Ft. Collins, CO 80525 Colorado Land Services 5411 Gunbarrel Circle Longmont, CO 80503 920284 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET ' GREELEY,COLORADO 80631 COLORADO January 2, 1992 Harrison Resource Corporation 760 Whalers Way, Suite A200 Ft. Collins, CO 80524 Subject: S-319 - Request for approval of a Site Specific Development Plan and a Planned Unit Development Plan, 1st Filing on a parcel of land described as part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Craig: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, February 4, 1992, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, January 23, 1992, at 10:00 a.m. This meeting will take place in Room 339, Centennial Center, 915 Tenth Street. 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 Town' s of Windsor and Severance Planning Commissions for their review and comments. 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. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Rod Allison Principal Planner 920284 llIMPROVEMENTS AGREEMENT ACCORDING DRAFT POLICY REGARDING COLLATERAL FOR IMPROVEMENTS • THIS AGREEMENT, made and entered into this _ day of . by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and HARRISON RESOURCE CORPORATION hereinafter called Eli "Applicant". mE'm�! WITNESSETN: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: it WHEREAS, a final subdivision plat of said property, to be known as INValley View RQnih has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations illprovides 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 • time schedule ter completion, are listed in Exhibits "A" and "B" of this Agreement. all NOW, THEREFORE., IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and I 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 "4 the subdivision improvements tinted on Exhibit "A" which is attached hereto and made a part hereof by thin reference. � 1.1 The required engineering services shall be performed by a ill 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. 0 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 IIR letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final‘ill statement of construction cost to the County. ?.0 Eights-of-Way and Fasements: Before commencing the construction of any Improvements herein agreed upon, Applicant shall acquire, at its own 1 9243284 expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "R" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall he In strict conformance to the plane and drawings approved by the County and the specifications adopted by the County for such public improvements. the....r '•'hd1�'a'••^ 4. proposal within three m11.a nt an inrnrpnrated rnssuniry lnree..l ,., u.1a r^..sty ... 1 INITIAL Applicant ah.11 ba ..q..S..A Pm , r.11 ,..p 1. a^^.e �•..b rh. ..1..1....n ra and erendards rlat would exist if the olat ,,.r. daualnped 'Rhin rho rnrpnratn llmifa of that com.•unity. 44 ph. I^.. .raA • .._...,ry h.. ... _A.pr_,, -,...,, rsl tt ...p.�. a4 p.t,nda .t the time the e,.ht,v/elm I. pr^p^eed• ph. ar.nder"a ar .h.. V.-flinty .hall h. .Ak_..., 4. T f A .n..m..nity and the Pm.nry KAUAI r.q"1 h eq L1.t .I r n.larda that are sore J.; 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 shell be removed and replaced to the satisfaction of the County at Applicant's expense. 1.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of .sa^'t•ry 'e'•" ar aertic INITIAL •yetams., Water,�aa, 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 en 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 1.1,611112: 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 p_ �� a6slnst the County on account of any such suit. action or claim, 9b 2 together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen's compensation insurance and public liability insurance coverage, and f< shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 applicant. or owner may be reimbursed for off-site road improvements provided in this section when it has been determined by the Board of N. County Commissioners that the road facilities providing access t the INITIAL subdivision are not adequate in structural capacity, wit , h r functional classification to support the traffic requirement of the uses of the subdivision. 5.1 She subdivider, applicant, or owner shall enter into an off-site improvemente agreement prior to recording the final plat when the subdivider. applicant, or owner expects to recel a reimbursement for part of the coat of the off-site improvement . 5.2 The off-site improvements agreement shall con sin the following: - The legal description of the property t be served. - The name of the owner(s) of the props y to be served. - A description of the off-site improv manta to be completed by °j the subdivider, applicant, or owns . -4 The total cost of the off-site 1 provemente. - She total vehicular trips to b generated at build-out by the subdivision, or resubdivisio . as specified by the IT? Trip I. Generation Manual, or by a ecial study approved by the Board I of County Commissioners. - A time period for tom etion of the off-site Improvements. - The terms of reimburs ment. I - The current address of the person to be reimbursed during the term of the agree ant. - Any off-site mprovements agreement shall be made in I conformance w th the Weld County policy on collateral for improvement I 5.3 If the aubdivi r, applicant, or owner fails to comply with the improvements greement, the opportunity to obtain reimbursement under this action is forfeited. i 5.4 When it determined by the Board of County Commissioners that vehicul traffic from • subdivision or resubdivision will use a rood provement constructed under an improvement agreement, the subs quent subdivider, applicant, or owner shall reimburse the or ginel subdivider, applicant, or owner, for a portion of the riginal construction cost. In no event shall the original 920254 total trip impacts generated by the original development. a licant, or owner l+ Evidence that the original subdivider, PP been reimbursed by the subsequent subdivider, applicant or o ec shall be submitted to the Department of Planning Services pr r to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the a bsequent subdivider, applicant, or owner of a subdivision or re ubdivision jN1T,AL using the road improvements constructed under a prio improvement agreement will be based upon a pro rats share d 'ling he totals trip <[ impacts associated with Che m+tuber otss type o,_ square footage and type of nonresidential devel manta intended to use the road improvement. The amount of r Champroveme in the improvement cost uha11 also consider inflation as measured yt the h Division of .,,e,.,,e, Colorado Construction Cost Index used by e Highways. The cost of road improve is may be paid by cash contribution to the pr ior subdivider applicant or owner or by further road improvements which b efit the prior subdivider, applicant, or owner's property. is decision shall he at the sole discretion of the Board o County Commissioners based upon the need for further off-site ad improvements.5.6 The report entitled TRIP NERATIOH (Third Edition. 1982) of the institute of transport tion Engineers shall normally be used for calculating a tea onable pro rata share of the road improvement construct on costs for all subdivisions or rerubdivisions. A s cis] transportation stud Na cal y shall used for land uses not lia ed in the ITE Trip Generation An question about th number of trips a subdivision or resubdivislon will generate s 11 be decided by the County Engineer. 5.7 The term for ich the subdivider. applicant. or owner is entitled to reimbur ement under the off-site improvements agreement, ( entered i o between the subdivider and the county, is ten years from th date of execution of a contract for road improvements. a y cause 5.8 This rovision is not intended Cend d to officers Ceor n employee s f by action an I sgai at Weld County oand in no way su divider, applicant, or owner for reimbursement. ■ Weld County to be considered a guarantor of the monies to be I streets v n a with the following procedures by the Applicant, be accepted by the County as a part of County road Ste"'\\ a subdivisionst e pay punty. / system end will be maintained and repaired by the t improvements may be - i 6.1 If desired by the County, portions o 3 placed in service when topple according to the schedule shown // "� on Exhibit "B", but su se and operation shall not constitute an acceptance of s portions.II (,,2 County at its option, issue building permits for construction �/. o ots for which street improvements detailed herein have been 92O284 II r Ion the subdivision improvements in that phase of the develops t is satisfactory to the County: and all terms of this Agr sent I have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a uubdivision and the filing of a SUrtument o Substantial Compliance, the applicant s) may request in w icing that the 4 County Engineer inspect its streets and reco end that the Board of County Commissioners accept them for par al maintenance by the County. Partial maintenance consists o all maintenance except INITIAL i{` curb and gutters, and related for actual repoir of streets, I street improvements. Not sooner th nine months after acceptance for partial maintenance of str ta, the County Engineer shall, upon request by the app licnn , inspect the subject streets, and N. ri notify the applicent(s) of ny deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that an deficiencies have been corrected. If the County Engineer f de that the streets ate constructed according to County stand rds, he shall recommend acceptance of streets for full paints nee. Upon a receipt of a positive unqualified recommend ion from the County Engineer for acceptance of streets llwithin he development, the Board of County Commissioners shall acce t said streets as public facilities and County property, and e all he responsible for the full maintenance of said streets 7.n General Requirements for Collateral:il 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 ild il indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final 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 I 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 I improvements shall he completed within one (t) year after the Final Flat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be 1 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 IOC% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement 4not renewed within these time frames, the County, at its 920284 5 I 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 Flat Subdivision. The applicant would need only to provide a.+ collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property ii that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits l -. until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for II Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "R". y;) 8.0 Improvements Guarant ee: The five types of collateral listed below are foil 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 1007 il of the total value of the improvements as set forth In Section 6.0 end exhibits "A" and "R". - 1'he 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 ouch default. I - The applicant may draw from the Letter of Credit in gl accordance with the provisions of this policy. _ The issuer of the Latter of Credit shall guarantee that at ‘II all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 1002 of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement end its cost estimates. - The Letter of Credit shall specify that 152 of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County.ill - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date 1 of release by Weld County of the final 152, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the letter of 920284 Credit shall remain In full force and effect until after the 6 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 sail to the Clerk to the Board of County Commissioners. 8.2 Trust Dead upon all or some of the proposed developmaat or other property acceptable to the Board of County Commissioners provided 'I 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 a the American Institute of Real Estate Appreis aTa Sndlca[ ng that the value of the property encumbered in its current ® degree of development is sufficient to cover 1002 of the cost I' of the improvements as sat forth in the Improvements N. i — Ag nt plus all costs of sale of the property. In the avant property other than the property to be developed has bean accepted as collateral by Weld County, then an I appraisal is required of the property by • H.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of I development is sufficient to cover 100Z of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 1 - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances.II - 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 1002 of the amount specified in the Improvements Agreement. - The escrow agent guarenrees that the escrowed funds will be used for improvements na specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. JI - The escrow agent will be a Federal or Stets licensed bank or financial institution. - If the County of Weld County determines there is ■ default of the Improvements Agreement, the escrow agent, upon request by the County, shell 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 1002 of the value of the improvements as specified in the Improvements Agreement . II 8.5 A cash deposit made with the County equivalent to IU0Z of the value of the improvements. 9.0 p_guest fur_P.elease�ollateral: Prior to release of collateral for 920284 • the entire project or for a portion of the project by Weld County, the 1 7 Applicant oust 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 I plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-sits 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 I requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance t with the plans and specifications as approved or that any material i 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 1 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 firs 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 ---111 construction plans. 9.1 Following the submittal of the Statement of Substantial Compliance li and recommendation of acceptance of the streets for partial maintenance by the County, the applicants) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at s 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 IOS 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 Tho warranty collateral shall be taloned to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. • __. " e opment, par snout to a rezoning, subdivision or planned unl ' requires the dedication, development and ■ervation of or INITIAL sites other than aubd lvinl reefs and utility easements of a and location char attar, ex ion suitable far public use for parks, accordance ill li 9,7,0 284 • 8 . . . , any: II In.1 The required acresge as may be determined according to 'action 8-15-B or the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school 'strict, for one o1 the above purposes. Any urea an de rated shall be ilapproved by the County or school district, an shall be maintained by the County or school district. Al 10.2 The required acreage as determined ac rding to Section 8-15-8 of the Veld County Subdivision Regal ions may be reserved through deed restrictions as open area, he maintenance of which shall be Iia_ a specific obligation in he deed of each lot within the INITIAL subdivision. I In.) In lieu of land, the unty may require a payment to the County in an amount equal the market value at the time of final plat submission of he required acreage as determined according to w,. lil Section 8-1 -B. Such value shall be determined by a competent land appr set chosen jointly by the Board and the Applicant. The cash lected shall be deposited in an escrow account to be expended 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of I 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 I executed on the day and year first above written. BOARD OF COUNTY CO MISSIONERS WELD COIMTY, COLORADO ATTEST: -.— X Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO PORN: liCounty Attorney APPLICANT: BY: (title) l9 ".u1,seribed and sworn to before me this _ day of IFy commission expires: -. . 920284 Notary Public 9 A EXHIBIT "B" Name of Subd lv Snlun: V V Piling: I - —•------------ . Location: At Intersection of NIBhYHN_WI hereby agrees to intending to be legally bound, the undersigned Applicant construct the improvements shown on the fine]. subdivision plat of SuLJi Valley n'" -----�— - 19 19 , Recorded on dated �--•—' —' the following 44 , Pa a No. Reception No. _____-- -. in Book ___ g .. schedule. 2 years from the date of All improvements shall be completed within _ 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.) Time for Comoletlan Tvprovemen[s ,- '1 ]-2 weeks -i \, Crree[ Y��dava ��— tSctact base---1—•-----�� c[reef pow l" - 3 da a ( --1 culverts __ Sidewalk Nonce Scotm ewer (sell -- None -----'______ • Retcntin punde - — None DStch Sy a None Subsurface dr alnaRe No.��- Senlur • e<ver�1-- No� _ Trunk anJ forted lines — Non Nains ------_ •----h connected) None--- La[erals (ho•�� -- ln-u1t feclll tics By Lot U4vne rs 1 — Un-e lte vats ors -- " 8ater ydrants Ye—Thyd�— r PSrc h drante fthal Sure yS aCrect mo boxes Yea ,�'_ -- Na� - .—__ Street name Ai - Yee I d —Street ne a 16_ nos gy Lot Uvner�s ,___ I taing �H- �JtCE- Sarkec ap row None--- T. , Park 1m rovemente - . SUB-T The County. at its option, and upon the request by the Applicant. may grant Sr SmProvemente shown an extension of time for completion for any ove chedule 0eementantedi,�a .mat upon a showing by the Applicant ta '< above, P tha ��— v - S SBna cure ofApp licant 1 '• r (IC corporation, to be signed by President and attested to by '3e5S".farY. II together with corporate seal.) 17" 3'61911.• ,9 ®284 Dare: l EXHIBIT "A" Name of Subdivision: Valley View Ranch - Filing: I Location: At intersection of Highway /257.and Weld County Road 074 Intending to be legally hound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat doted , l9_, recorded on . Reception No. , the 19 in Book Page No. P following improvements. (Leave spaces blank where they do not apply.) Estimated N. Unit Cost Construction Cost �rovemen[a ti Street grading _ Yes 3 jg,tlo.uu Street base __ ___ Yes J Street paving None C .be, „-t &,d culverts Yes __ $1.210 00 Sidewalk __. ___ None _.. --' Storm sewer facilities None Retention ponds - None Ditch improvements — None -- Subsurface drainage - None __ -- Sanitary sewers _None Trunk and forced lines None __.._ Mains None ' l.aternle(house connected) _ None _ By Lot Owners On-site sewage jecilities Yes On-site water supply and storage _ Yes S4,ZIu0.UU Watts mains -Yes __ $2,800.00 — __ Fire-hydrants_ Yes (Completed prior to final) Survey A orreet monumculs & boxes '" __ Street lighting. . .. None Yes $ 300.00 Street name signs _ -_ - 1 Fencing requirements By LQr Owners 51,500.00 Landece 1ng Yes Park improvements N4DS t __ OTAL SUB-T . Engineering and Supervision Costa $1,500.00 (testing, inspection, as-built plans and work in addition to preliminary and 6 final plat; supervision of actual construction by contractors) TOI'A1 ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 21,936.00 ty The above improvements shall and nc°tructed in onformance with accordance cprovision all shall be requirements emn and specifications,Cout , or its duly authorized agent. determined solely by Weld Count Said improvements shall be completed according to construction aciieduls set out in Exhibit "B". 9 . igneture of Applicant ' (If corpotation, to be signed by President and attested to by Secretaty.. � �� together with corporate seal.) 7 pate: 12706 19 . HARRISON RESOURCE CORPORATION . .A Natural Resource Company t 7r • d Yj r VALLEY VIEW RANCH A Quality Rural Living Environment REQUEST FOR PLANNED UNIT DEVELOPMENT RESIDENTIAL PLAN December 30, 1991 Marketing and Information of Front Range Water and Land Resources 920284 760 Whalers Way, Suite A200, Fort Collins, Colorado 80525 (303)-226-4100 TABLE OF EXHIBITS Narrative Explanation Section A Completed P.U.D. Plan Application Form Section B Certificate of Title of Ownership Section C Certificate of Taxes Paid Section D Proposed Restrictive Covenants on the Property Section E Improvements Agreement Section F State Highway Access Permit Section G Geological Maps and Investigation Reports Section H List of Owners within 500 feet Section I List of Mineral Owners Section J Landscape Plan Section K Final P.U.D. Plat Section L 92G284 SECTION A Narrative Explanation 920284 December 30, 1991 Mr. Rod Allison Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 RE: Valley View Ranch, P.U.D., Final Plan, First Filing Dear Mr. Allison: Please find enclosed our planned unit development plan application in regards to the residential portion of the Valley View Ranch P.U.D. Also, please find enclosed checks for $750.00 in payment of the application fee and 25 additional packages for the project. The following information will follow the format of your application requirements: 1. Completed P.U.D. Plan Application Form: See Section "B". 2. Copy of Certificate of Title of Ownership: See Section "C". 3. Certificate of Title for Public Dedications: No Public Dedications are involved. 4. Copy of Warranty Deed for Public Dedications: No Public Dedications are involved. 5. Copy of Certificate of Taxes Paid: See Section "D". 6. The Engineering Company Certificate: See construction and utility drawings. 7. Copy of the proposed Restrictive Covenants on the property: See Section "E" 8. Improvements Agreement: See Section "F". 9. Off-site Road Improvements Information: No off-site road improvements are required. 920284 Mr. Rod Allison December 30, 1991 Page 2 10. Statement of Total Area: The residential and agricultural uses of the First Filing will contain approximately 76.75 acres. Within this area, there will be eleven lots created. One of the lots contains the existing historical farm house and outbuildings. The first filing will include ten new residential homes. The commercial portion of the P.U.D. is not being addressed in this filing. 11. Buildings and Structures: Besides the existing residential home located on Lot #1, ten new residential dwelling units are proposed within building envelopes on each of the lots. Parking would be at the home sites and no commercial activities would take place in these areas. The enclosed restrictive covenants would create the compatibility of the uses within and _ adjacent to the P.U.D. 12. Proposed Screening Between Uses: Between the residential portion and the commercial portions of the P.U.D. District will exist an open space easement which will divide the two uses. In a portion of the open space easement, an elevated irrigation ditch exists, which blocks out much of the view between the residential and commercial blocks. Screening would take place in the effect of some berms and other landscaping, when the commercial block is platted. 13. Private Open Space: A private open space easement, with a total length of approximately two miles is being established around and through the first filing. This area will continue to be owned privately and be to the benefit of only the owners of the enclosed area. This open space easement would be maintained by the Homeowner's Association. 14. Open Space: The open space will be owned by the lot owners by establishment of an open space easement created for the benefit of the -- owners within Valley View Ranch. The area will be preserved and maintained by the Homeowner's Association. Given the fact that the open space will be natural grass lands and the establishment of some trees, the only maintenance will be done is periodic mowing of the areas. The open space will allow for hiking, horseback riding, bicycling, jogging, and other non-motorized vehicular use. The open space is currently seeded to natural -- grassland and alfalfa. 15. Copies of Covenants, Grants of Easements, and Restrictions: See proposed covenants in Section "E" and the P.U.D. Plan Plat. The covenants will be finalized upon approval by the Weld County Planning Staff and County Attorney. 9ZC284 Mr. Rod Allison December 30, 1991 Page 3 16. Construction Schedule: The construction plan will be completed in two phases. The enclosed improvement agreement will provide for the completion of Phase I and a new improvement agreement will be completed at a later date between the owner and Weld County. Prior to the recording of the final plat, the owner and Weld County would agree to a Deed restriction that would restrict the sale of Lots 6, 7, 8, 9, 10 and 11 to individual lot purchasers until a second improvement agreement was approved by Weld County. Phase I will include Lots 1, 2, 3, 4, and 5 (which has the historical farm house). It is anticipated that construction of Phase I will take place between March and December of 1992. The open space easement for the entire First Filing would be available for use upon the completion of the construction in Phase I. It is anticipated that Phase II will take place towards the completion of the sale of lots in Phase I. Before Phase II construction would take place, a second improvement agreement would be presented for approval of the Weld County Attorney, Planning Staff, and County Commissioners. Upon approval, the Deed restriction would be removed from the property. The property is very natural for two phases with the fact that two cul de sacs are included in the project, one from County Road #74, which would be Phase I, and the other from State Highway #257, which would be Phase II. It is anticipated that Phase II would take place between the Spring of 1993 and the Fall of 1994. 17. Financing for Development: Financing for the phases of the development will either be through construction loans from local institutional banks, or cash provided by the owner. Copies of the estimated construction costs are attached as Section "F". 18. State Highway Access Permit: A State Highway Access Permit has been applied for with Bud Hooper at the State Highway Department of Greeley. The access permit will be obtained prior to recording the P.U.D. Plat. See Section "G". 19. Agricultural Irrigation Ditch Agreements: No major incorporated irrigation canals run through the property. There are some minor delivery canals that deliver water to one farm to the east of the property and two farms to the south of the property. These parties have been contacted and easements have been both surveyed and established for the maintenance and right of 92,0284 Mr. Rod Allison December 30, 1991 Page 4 way for those irrigation ditches. Those ditches are also being utilized by the Homeowner's Association within Valley View Ranch to deliver their own water rights. 20. Geological Maps and Investigation Reports: A soil report has been completed on the proposed property. The building envelopes have been sampled and all pass the septic requirements by the Weld County Health Department. See Section "H". 21. List of Owners within 500 foot: See attached Section "I". 22. List of Mineral Owners: See attached Section "J". 23. P.U.D. Sign: A P.U.D. sign will be posted prior to ten days of any proposed hearing date as required. 24. Illustrations: The owner is providing estate lots and custom homes will be built by others, in compliance with the Protective Covenants. 25. Utility Plan: Ten copies have been provided for the appropriate parties. 26. Street Plan: Three copies have been provided for the appropriate parties. 27. Grading and Drainage Plan: Three copies have been provided for the appropriate parties. 28. Landscape Plan: See map in Section "K". 29. Final P.U.D. Plat: See map in Section "L". Please let me know what additional information you need or of any question that I might be able to answer for you. S'• ere , raig Harrison President CH/ta Enclosures 926284 SECTION B Completed P.U.D. Plan Application Form 9,7,C284 CANNED UNIT DEVELOPMENT PLAN APPLICATIC Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required Signatures.) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Meld County. LEGAL DESCRIPTION: Lots A and B of Amended Recorded Exemption No. 0807-5-1-RE 465, recorded March 4, 1988 in Book 1187 as Reception No. 02132904, being a part of the NE1/4 of Section 5, Township 6 North, Range 67 -- West of the 6th P.M. , County of Weld, State of Colorado. (If additional space is required, attach en additional sheet of this same site.) -- NAME OF PROPOSED PUD SUBDIVISION Valley View Ranch EXISTING ZONING PUD NO. OF PROPOSED LOTS 11 TOTAL AREA (ACRES) 76.75 LOT SIZE: AVERAGE 7 MINIMUM 3 UTILITIES: WATER: NAME North Weld County Water District SEWER: NAME Septic CAS: NAME Propane PHONE: NAME US West ELECTRIC: NAME REA DISTRICTS: SCHOOL: NAME Windsor FIRE: NAME Windsor DESIGNER'S NAME Harrison Resource Corporation PHONE 226-4100 ADDRESS 760 Whalers Way. Suite A200. Fort Collins, CO 80525 ENGINEERTS NAME The Engineering Company PHONE 484-7477 ADDRESS 2310 Prospect Road, Fort Collins, Colorado 80524 FEE OWNERS OF AREA PLuPOSED FOR PUD SUBDIVISION GAME Harrison Resource Corporation PHONE 226-4100_ ADDRESS 760 Whalers Way. Suite A200, Fort Collins, CO 80524 NAME PHONE ADDRESS NAME PHONE ADDRESS APPLICANT OR AUTHORIZID AGENT (if diff han above NAME ADDRESS HOME TELEPHONE I BUSINESS TELEPHONE f I hereby depose and state under the penalties of perjury that all statements. proposals, gad plans submitted with or contained within this application are true and correct to the best of my knowledge. LARIMER COUNTY OF UEBl ) ) SS STATE OF COLORADO) ' oar or Authorised Agent - i°Subscribed'-and sworn to before me this 26th day of December 19 91 dantin sect NOTARY PUBLIC (J 92U284 .My-Commission expires March 8, 1995 SECTION C Certificate of Title of Ownership 920284 TRANSAMERICA TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8030457 1. Effective Date: December 13, 1991 at 7:00 A.M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $TBD $TBD Proposed Insured: To Be Determined B. ALTA Loan Policy $ $ Proposed Insured: Examination Fee $150. 00 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: Harrison Resource Corporation, a Colorado Corporation 4. The land referred to in this commitment is described as follows: Lots A and B of Amended Recorded Exemption No.0807-5-1-RE 465, recorded March 4, 1988 in Book 1187 as Reception No. 02132904, being a part of the NE1/4 of Section 5, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado TRANSAMERICA TITLE INSURANCE COMPANY By Margaret A. SteEhenson Authorized Signature Issued: December 23, 1991 MAS/ra 920284 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8030457 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 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. Deed, executed by the President, Vice President or other head officer from Harrison Resource Corporation, a Colorado Corporation to grantee or grantees to be determined. NOTE: Corporate Seal or facsimile must be affixed. Page 2 920284 _ TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8030457 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 MAY 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 3 9Z0284 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8030457 SCHEDULE H - Continued EXCEPTIONS 7. Right of way for railway in width and in manner as provided by the Acts of Congress in relation thereto, as reserved by Denver Pacific Railway and Telegraph Company in the Deed recorded January 9, 1879 in Book 25 at Page 25, in which the specific location of said right of way is not defined. 8. Right of way for a lateral, as granted to The Lake Canal Company of Colorado by instrument recorded January 23, 1902 in Book 179 at Page 396, in which the specific location of said right of way is _. not defined. 9. An undivided 1/2 interest in all oil, gas and other mineral rights as conveyed to Helen P. MacPherson in a deed recorded December 19, — 1958 in Book 1520 at Page 378, and any interest therein or rights thereunder. 10. All interest in all oil, gas and other mineral rights as as reserved by Lucille P. Stockover and W. M. Stockover in a deed recorded March 30, 1966 in Book 564 as Reception No. 1485742 , and any interest therein or rights thereunder. - 11. Weld County Road 74 over and across the Northerly 30 feet of subject property, and proposed future right of way for State Highway 257 over and across the Easterly 75 feet of said NE1/4, _ all of shown on Recorded Exemption No. 0807-5-1-RE 465, recorded December 30, 1980 in Book 923 as Reception No. 1845409, and Amended Recorded Exemption No. 0807-5-1-RE465 recorded March 3, 1988 in Book 1187 as Reception No. 02132904 . 12. Deed of Trust from Harrison Resource Corporation, a Colorado Corporation to the Public Trustee of the County of Weld for the use of August Schneider and Frieda Schneider to secure $120, 000. 00 dated November 20, 1987, recorded November 25, 1987 in Book 1178 as Reception No. 02122560. 13 . Easements, restrictions and conditions as contained in Valley View Ranch PUD District Plat recorded November 13 , 1991 in Book 1317 as Reception No. 02269126. 14. Any and all unredeemed tax sales, if any. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policy to be issued hereunder. Page 4 920284 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8030457 SCHEDULE B - Continued EXCEPTIONS 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) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (c) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. - (d) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (e) Associated Natural Gas, Inc. , recorded April 23, 1986 in Book 1110 as Reception No. 2050953 . Page 5 920284 Transamerica Title Insurance Company Adams•Atapatles•Denver Latimer County Douglas•Jefferson Counties 151 west Mountain Avenue ledp Lamina Street Fort Collins Colorado 80521 Denver Colorado 10202 (303(493.6464 (303)791.4100 • 4 Pueblo County Boulder County an North Main Strain 1311 Seca Street Parcae Colorado 81003 Boulder Colorado 10307 (303,543.0451 (3031443.1160 • • Noun-Jackson Counties El Paso County 507 Lincoln Street Ill South weber Street Steamboat Springs Colorado 80417 Colorado Sonnps.Colorado 60903 (3(431179.1611 (3031134.3731 Weld County 1113 tenth Avenue Greet Colorado 60631 (3031357-7713 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. 920284 SECTION D Certificate of Taxes Paid 920284 a ..t ,- h LJ 2' 4 .rIy � P • • . ¢ . .p C., n1 W -' w n a 'D I .• ...1 U1 _ W O I co ce Vi W Cr to . 4 O ( p� y o FS 1:4 „/) W a g Q ff1i _ co < 6i825 (U u r+ O O O a- 9 1- W n a • ¢ N Z CO `� a7 a - y� ¢ O O in I a 0 0 Z W W 0 - 1 V O .0 < Cauula x O I W 2 p I- ❑ 5_ u ; x CO O. W 1— zG 1 2 - Oe W a Q u e ^ 0 0 J . 2 LL n Q Q C� 1- x J �I►. ., . J ,C Q O ` Q - -J x - 11 Q IY . I- -1 F-3 C CO Cl o s _ -+ W M J N .a In a 0 to 8 in 0 J O t11 U . M m ._ 1 r - Q C 'DWn M o Z i `' '1 e C N '0 O it 1 ln't.«` { �_ '8 Q' -. U N 00 M r 1 .rm, 1 '- }. W NI- • OD .D tn ¢ T.rrrw i 1 a Z N .. -a I'1 o O �a•0 a w 1- 31-r 0 ;n ¢ mtlo ' f ,ryu. • •3 3- 0 N 0 ns ii s 0 zy N •3 N C in a 0_�_ VIS C n 0 2 0 z 00 W > O J O ..0VI o . E 0(A 06 S 00 W uC.0 . - N ¢ 3y Ffi 3 .a 0 Z..X „ I O 0 ? [iE�.fi W W a Q O ¢ •_• ZLLJ d w 0. N C WO µ11 < 0 ry u X01,0 0 I-(-) ¢ 3Q a W •N. U '-. f1,1 ,a 0❑ I J zoo ..0 W O W N N ^ 1.6 O I� .mC z in U • Q 1 C ❑ 1 O N zW n C } F .n N O C Q y 0 ❑ W D 3 C 10 im O 1 = 0 y % O • to 2 e L. D IA 'p 'Cr, • N `D.W er N W 1(1 •. al n •xn u' z z O 12 1 OC?W11I 0 WZ 0. h0,. CC . O.• N O Z J•• W OI'Iu C O Cl QX ._ N..W} N N2 I-• IL N-S2 N C fU .` O. O z z 0 C C 0 D.WM O0 a O Q `ci- cn N •NO. <z u 2 r1+. 0) .. .")020. • n M 0 W N . in VIULM NNZQX t SECTION E Proposed Restrictive Covenants On the Property 9 zt284 Oki pi r DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH THIS DECLARATION is made this day of 1992 , by HARRISON RESOURCE CORPORATION, a Colorado corporation ("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 on Exhibit "A" attached hereto and incorporated herein by reference and 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. ARTICLE I. DEFINITIONS Section 1. 01. "Approval" or "Consent" shall mean securing the prior written approval or consent as required herein before doing, making, or suffering that for which such approval or consent is required. Section 1. 02 . "Architectural Control Committee" shall mean and refer to the committee established to review and approve plans for the construction of improvements on the lots as set forth in Article VII of this Declaration. Section 1. 03. "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of the Association, as the same may from time to time be amended. (12/26/91) 920284 Section 1. 04 . "Assessment" shall mean and refer to any assessment levied, charged, or assessed against an Owner and/or his lot in accordance with the provisions of this Declaration. Section 1. 05. "Association" shall mean and refer to Valley View Ranch Association, a Colorado nonprofit corporation, its successors and assigns. Section 1. 06. "Board" shall mean and refer to the Board of Directors of the Association. Section 1. 07 . "By-Laws" shall mean and refer to the duly adopted By-Laws of the Association, as the same may from time to time be amended. Section 1. 08 . "Common Expenses" shall mean and refer to the actual cost to the Association of the following: repair, maintenance, renovation, and improvement of the Easements and the improvements thereon, including the Private Road; management and administration of the Association; legal and accounting fees; insurance premiums; wages; expenses and liabilities incurred by the Association pursuant to or by reason of this Declaration; payment of any deficit from a previous period; and creation of a reasonable reserve fund. It shall be mandatory for the Association to establish out of the annual assessment an adequate reserve fund for maintenance, repair, and replacement of those elements within the Easements that must be replaced on a periodic basis. Section 1. 09. "Declarant" shall mean and refer to Harrison Resource Corporation, a Colorado corporation, or any other person or entity that purchases all or a portion of the Property with the intent to develop and sell the Property in more than one lot if such person or entity assumes the obligation of Declarant under this Declaration and is designated successor Declarant in an instrument recorded with the Clerk and Recorder of Weld County, Colorado. Section 1. 10. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Valley View Ranch, as the same may from time to time be amended. Section 1. 11. "Easements" shall mean and refer to all of the easements, collectively, described in Section 2 . 01 hereinafter. Section 1. 12 . "First Mortgagee" shall mean and refer to an institutional lender who holds either a first deed of trust or a first mortgage on a lot. Section 1. 13 . "Map of the Property" shall mean and refer to the Map of the Property attached hereto as Exhibit "B" and (12/26/91) - 2 - 92t284 incorporated herein by reference, which Map is dated , 1992 , and was prepared by Intermill Land Surveying, Inc. Section 1. 14 . "Member" shall mean and refer to each person who has an ownership interest in a lot. Section 1. 15. "Mortgage" shall mean and refer to a mortgage, deed of trust, or similar security instrument held or owned by a Mortgagee which encumbers any lot. Section 1. 16. "Mortgagee" shall mean and refer to a Mortgagee under a Mortgage or a beneficiary under a deed of trust or similar security instrument. For purposes of this Declaration, no person shall be deemed a Mortgagee until written notice of such interest has been given to the Association, together with the name and address of the Mortgagee. Section 1. 17 . "Open Area (s) " shall mean and refer to the area designated on the Map of the Property as an open space easement, as more fully provided in Section 2 . 01 hereinafter and any improvements constructed thereon by the Association which are designated for the common use and enjoyment of all Owners. The Open Areas are not dedicated for use by the general public. _ Section 1. 18. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any lot, but excluding those having such interest merely as a security for performance of an obligation. In the event a lot is sold by what is commonly known as an installment land contract or contract for deed, the purchaser under such contract shall be the "Owner" for purposes of this Declaration and the seller shall be considered to - have an interest in the lot which is the subject of the contract as security for performance of the contract by the purchaser. Section 1. 19. "Lot" shall mean and refer to any unit of land which is (a) designated on Exhibit "B" attached hereto and incorporated herein by reference; (b) any subdivision or resubdivision of such lot approved by the Architectural Control Committee and any governmental agency having jurisdiction over the Property and/or any unit of land which is created as a result of the foreclosure of a Mortgage. Section 1. 20. "Private Roads" shall mean and refer to the private roads designated on the Map of the Property to provide vehicular access from Weld County Road #74 and from State Highway #257 . "Private Roads" shall not include private driveways constructed by individual Owners to provide access to dwellings or other structures located on such Owner's lots. Section 1. 21. "Property" shall mean and refer to that certain (12/26/91) - 3 - 92O284 lot of real property situated in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference. Section 1.22 . "Residence" shall mean and refer to a single- - family residential dwelling constructed or to be constructed on a Lot. Section 1. 23 . "Single-Family" shall mean and refer to any individual or group of persons related by blood or marriage or any unrelated group of not more than three (3) persons living together in a Residence. Section 1. 24 . "Water Stock" shall mean and refer to the two (2) shares of capital stock in the Lake Lee Lateral Company, two (2) shares of capital stock in the Larimer and Weld Irrigation Company, and one (1) share of the capital stock in the Windsor Reservoir and Canal Company to be transferred to the Association pursuant to Section 2 . 02 hereinafter. ARTICLE II. EASEMENTS AND WATER STOCK Section 2 . 01. Dedication of Easements. The Declarant does hereby establish, remise, release, sell, convey, quitclaim, and dedicate unto the Association, its successors and assigns, for the use of the Owners of the Property, the following non-exclusive easements over, across, and upon the Property at the locations depicted upon the Map of the Property attached hereto as Exhibit "B: " (a) Utility easement. A non-exclusive, perpetual utility easement in various widths, over, across, and upon the Property as depicted upon the Map of the Property for the installation, construction, maintenance, inspection, operation, replacement, or removal of all utilities, including, but not limited to, water, sewer, telephone, natural gas, irrigation, return flow water cable television, and utility guide wires. (b) Open space easement. A non-exclusive, perpetual open space easement over, across, and upon that portion of the Property designated as an "open space easement" upon the Map of the Property for recreational purposes, including, but not limited to, walking, hiking, jogging, bicycling, cross county skiing, and horseback riding and the conduct of individual and group recreational activities and the construction of improvements thereon for recreational purposes as deemed necessary or appropriate by the Association, provided that the Owners of the Property upon which such open space easement is located shall not have the right to construct individual fences or graze livestock within the open space (12/26/91) - 4 - 920284 (c) Road easements. Two non-exclusive, perpetual road easements, fifty (50) feet in width, over and across the property as depicted upon the map of the property of ingress, egress and access by pedestrians, horses and vehicles to individual lots. (d) Ditch easements. A non-exclusive, perpetual ditch easements over, across, and upon that portion of the Property as depicted upon the Map of the Property for transportation of irrigation water to individual lots within the Property. (e) Drainage easement for wastewater. A non-exclusive, perpetual drainage easement over, across, and upon the Property as depicted upon the Map of the Property for drainage of wastewater remaining after use of irrigation water on portions of the Property. Section 2 . 02 . Transfer of Water Stock. Prior to the sale of all lots within the Property, the Declarant shall transfer to the Association a total of two (2) shares of capital stock in the Lake Lee Lateral Company, two (2) shares of capital stock in the Larimer and Weld Irrigation Company, and one (1) share of capital stock in the Windsor Reservoir and Canal Company. The water delivered to the Property as a result of ownership by the Association of the Water Stock shall be allocated to each lot within the Property in accordance with the schedule attached hereto as Exhibit "C" and incorporated herein by reference ("the Allocated Water") . As each Lot is conveyed by the Declarant, the Declarant shall also transfer to the Association the use of that portion of the Water Stock which would enable such Lot to receive all of the Allocated Water assigned to such Lot in accordance with Exhibit "C" . Section 2 .03 . Improvements on Easements. The Association _ shall have the right to make any improvements to any of the Easements if determined necessary or advisable by the Association for uses consistent with the Easements dedicated herein. No Owner shall install any improvements upon any of the Easements without the prior written consent of the Association, which consent shall be within the sole discretion of the Association. ARTICLE III . OWNER'S RIGHTS Section 3 . 01. Obligations of the Association. The Association, subject to the rights of the Members set forth in this Declaration, shall be responsible for the maintenance, repair, renovation, management, and control of the Open Space Easements (including the Private Roads) and all improvements thereon and shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. Section 3 . 02 . Owner' s Rights. Every Owner of a Lot shall have a non-exclusive right and easement in and to all of the (12/26/91) - 5 - 920284 Easements, which shall be appurtenant to and shall pass with title to each Lot. An Owner' s right and easement of enjoyment in and to the Easements shall not be exercised in any manner which substantially interferes with the rights of any other Owner with respect thereto and shall be subject to the following: (a) The right of the Association to charge reasonable fees and Assessments to meet the estimated Common Expenses. (b) The right of the Association to suspend the right of any Owner to use the Easements for any period during which the Common Expenses assessed against such Owner's Lot remain unpaid. (c) The right of the Association to adopt reasonable rules and regulations to govern the use of the Easements. (d) The right of the County of Weld, Colorado, and any other governmental or quasi-governmental body having jurisdiction over the Property to have access and the right of ingress and egress over and across the Easements for the purpose of providing police, fire and other emergency protection and providing any other governmental or municipal service. Section 3 . 03 . Delegation of Use. An Owner may delegate his right to use the Easements to the members of his family, his guests, invitees, and tenants subject to this Declaration, the Articles of Incorporation and By-Laws, and any rules or regulations adopted by the Association. Section 3 . 04 . Restriction of Use. Other than the Declarant, its agents, clients, and employees, who may utilize motor-driven vehicles to show Lots within the Property, no motor-driven, engine- powered, or other mechanically propelled vehicle, including, by example and not limitation, automobiles, trucks, motorcycles, all- terrain vehicles, and snowmobiles, may be used or operated within or upon any of the Open Areas, except in the event of an emergency and for maintenance purposes by the Association or other purpose at the sole determination of the Association. ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4 . 01. Membership. Every Owner of a Lot shall become a Member of the Association upon acquisition of said Lot. Membership shall be appurtenant to, and may not be separated from, ownership of the Lot. Membership shall pass by operation of law upon the sale of a Lot, which sale may be by deed or by installment land contract. Section 4 . 02 . Voting. Each Owner shall have one (1) vote for _ each Lot owned. When more than one 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, (12/26/91) - 6 - 920284 but shall be considered only as one (1) Owner for voting purposes. Section 4 . 03 . Association Rules and Regulations. The Association shall have the right and power, through its Board of Directors, to adopt such reasonable rules and regulations as it, in its sound discretion, may determine from time to time necessary to regulate and govern the use of the Easements; provided, however, that said rules and regulations shall not be discriminatory. ARTICLE V. ASSESSMENTS Section 5. 01. Personal Obligation of Owners for Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay all Assessments imposed by the Association to meet estimated Common Expenses. Assessments for the estimated Common Expenses shall be due annually or at such other intervals as may be set by the Association from time to time. The Association shall prepare and deliver by mail to each Owner a statement for the annual Assessment for Common Expenses. _ Section 5. 02 . Amount of Assessment. The amount of Assessment for estimated Common Expenses which shall be paid by each Owner shall be determined by dividing the aggregate sum which the Association reasonably determines to be paid by all Owners by the total number of Lots within the Property, regardless of the size thereof, and the Owner of each Lot shall pay his proportionate share of such aggregate sum. Section 5. 03 . Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment shall be Two Hundred Ninety Dollars ($290. 00) per Lot, regardless of the size thereof. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment may be increased effective January 1 of each year without a vote of the Members of the Association in conformance with the increase, if any, of the Consumer Price Index - All Urban Consumers - All Items (CPI-U) (U.S. City Average) issued from time to time by the Bureau of Labor Statistics of the United States Department of Labor from January of the preceding year. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual Assessment may be increased above that established by the Consumer Price Index formula by a vote of the Members for the next succeeding two (2) years, and, at the end of each period of (2) years, for each succeeding period of two (2) years, provided that any such change shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at (12/26/91) - 7 - 920284 a meeting duly called for this purpose. The limitations hereof shall not apply to any change in the maximum and basis of the Assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under this Declaration and the Articles of Incorporation. (c) The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum. Section 5. 04. Special Assessments for Capital Improvements. In addition to the annual Assessments authorized above, the Association may levy, in any assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of capital improvements within the Easements, including fixtures and personal property related thereto, provided that any such Assessment shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. 05. Notice and Quorum for any Action Authorized Under Sections 5. 03 and 5. 04 . Written notice of any meeting called for the purpose of taking any action authorized under Sections 5. 03 or 5. 04 shall be sent to all Members not less than fifteen (15) days nor more than sixty (60) days in advance of the meeting. At the first such meeting, the presence of Members or of proxies entitled to cast twenty-five percent (25%) of all votes of the Members shall constitute a quorum. If the required quorum is not present, another 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 preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. Section 5. 06. Uniform Rate of Assessment. The Declarant shall only be responsible for the payment of fifty percent (50%) of the annual and special Assessments assessed upon Lots within the Property. All Owners who have acquired their Lots from the Declarant or it successors shall be responsible for payment of one hundred percent (100%) of the annual and special Assessments established by the Board of Directors of the Association. Except as otherwise provided herein and in Section 5. 08 below, all annual and special Assessments shall be fixed at a uniform rate for all Lots. Section 5. 07 . Date of Commencement of Annual Assessments; Due Dates. The annual Assessments provided herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot by the Declarant to an Owner. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual Assessment against each Lot at least (12/26/91) - 8 - 920284 thirty (30) days in advance of each annual Assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. Section 5. 08. Water Assessment. In addition to the annual and special Assessments referred to above, the Board shall levy a water Assessment against each Lot entitled to receive irrigation water for the purpose of paying the Assessments made against the Water Stock. All such Assessments shall be paid by the Owners of Lots in the same percentage as water is allocated to such Lots on Exhibit "C" attached hereto and incorporated herein by reference. Any Lot which is not allocated any percentage of the Water Stock shall not be responsible for the payment of a water Assessment. Such Assessment shall be imposed against those Lots receiving irrigation water at such times and in such manner as the Board shall determine, provided that at all times the Board shall impose a water Assessment in the minimum amount equal to the Assessment against the Water Stock required by the Lake Lee Lateral Company, the Larimer Weld Irrigation Company, and the Windsor Reservoir and Canal Company. The assessment shall be billed prior to each and shall be due in full within fifteen (15) days. Section 5. 09 . Exempt Property. All properties dedicated to and accepted by a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Colorado shall be exempt from the Assessments created herein, except no land or improvements devoted to residential use shall be exempt from said Assessments. ARTICLE VI. LIEN FOR NONPAYMENT OF ASSESSMENTS Section 6. 01. Effect of Nonpayment of Assessments, Remedies of the Association. It shall be the duty of each Owner to pay his proportionate share of all Assessments made by the Association pursuant to this Declaration. Unpaid Assessments shall bear interest from the due date until paid at the rate of eighteen percent (18%) per annum. In addition, any Owner who fails to pay an Assessment when due ("the Defaulting Owner") shall be obligated to pay to the Association on demand all costs and expenses incurred by the Association, including reasonable attorney' s fees, in attempting to collect the delinquent Assessment. The total amount due from a Defaulting Owner, including unpaid Assessments, interest costs, and attorney' s fees, shall constitute a lien on the Defaulting Owner' s Lot prior to all other liens and encumbrances, recorded or unrecorded, except (a) taxes, special assessments, and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this state and other state and federal taxes which, by law, are a lien on the interest of such Owner prior to the pre-existing recorded encumbrances thereon; and (b) all sums unpaid on a First Mortgage. The lien for unpaid (12/26/91) - 9 - 9 ;C284 Assessments herein created shall be prior to and superior to any homestead exemption or other exemption under or by virtue of any law of the United States or State of Colorado now existing or hereafter enacted; and each Owner, by acceptance of a deed to a Lot, expressly waives and releases any such homestead right or exemption, but only with respect to the Assessment lien. Any First Mortgagee who obtains title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure will acquire such Lot, free and clear of any claim or lien for unpaid Assessments which accrue prior to the date the First Mortgagee would be entitled to receive a deed from the public trustee, sheriff, or other foreclosing agent, regardless of whether the First Mortgagee actually obtains or records such deed. Section 6.02 . Evidence of Lien. To evidence such lien for unpaid Assessments, the Association shall prepare a written notice setting forth the amount, the name of the Defaulting Owner, and a description of the Defaulting Owner' s Lot. Such notice shall be signed on behalf of the Association by an officer of the Association and shall be recorded in the records of the Clerk and Recorder of Weld County, Colorado. Such lien may be enforced by foreclosure by the Association of the Defaulting Owner' s Lot in like manner as mortgages on real property. The lien provided herein shall be in favor of the Association and for the benefit of all Owners. In any such foreclosure, the Defaulting Owner shall be required to pay all costs and expenses of such proceedings; the costs, expenses, and attorney' s fees for filing the notice of claim of lien; and all reasonable attorney's fees incurred in connection with such foreclosure. The Defaulting Owner shall also be required to pay to the Association any Assessments due and owing during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to bid on the Lot at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. Any encumbrancer holding a lien on a Lot may, but shall not be required to, pay any unpaid Assessments due and owing with respect thereto; and upon such payment, such encumbrancer shall have a lien on such Lot for the amount paid of the same rank as the lien of his or its encumbrance. Section 6. 03 . Personal Obligation to Pay Assessments. Assessments made by the Association against each Owner shall be the personal and individual debt of the Owner at the time the Assessment is made. Suit to recover a money judgment for unpaid Assessments, interest, costs, expenses, and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same. No Owner may exempt himself from liability for such contribution toward the Common Expenses by waiver of the use and enjoyment of the Easements or by abandonment of his Lot. (12/26/91) - 10 - 920284 Section 6. 04. Liability of Grantee. Except for a First Mortgagee who acquires title to a Lot pursuant to foreclosure or a deed in lieu of foreclosure as provided in Section 6.01 hereinabove, the grantee of a Lot shall be jointly and severally liable with the grantor for all unpaid Assessments against the Lot assessed and due prior to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that upon written request and payment of a reasonable fee established by the Association not to exceed Twenty Dollars ($20. 00) , any such prospective grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid Assessments, if any, with respect to the subject Lot; the amount of the current Assessment; the period covered by the current Assessment; the date the current Assessment comes due; and the statement shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with by the Association within ten (10) days of such request, then the grantee shall not be liable for, nor shall the Lot be conveyed subject to, a lien for any unpaid Assessments against the subject Lot as of the date of the request for statement of indebtedness. ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE Section 7 . 01. Architectural Control Committee. (a) Membership. The Architectural Control Committee shall consist of three (3) persons. So long as the Declarant is the Owner of one (1) or more Lots, the Declarant shall appoint the members of the Architectural Control Committee. At such time as the Declarant is no longer the Owner of one (1) or more Lots within the Property, then the members of the Architectural Control Committee shall be appointed by the Board of Directors from among the members of the Association. (b) Term. Each member of the Architectural Control Committee shall serve at the pleasure of the person or entity appointing such member. In the event of the death or resignation of any member of the Architectural Control Committee, the person or entity that appointed such member shall appoint a successor. (c) Decisions. All decisions of the Architectural _ Control Committee shall be by a majority vote of those members of the Architectural Control Committee present at a meeting at which a quorum is present. A majority of the members of the Architectural Control Committee shall constitute a quorum. (d) Compensation. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this Declaration. (12/26/91) - 11 - 9Z0284 (e) Delegation. The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer, or other professional person who is qualified to pass on the issues raised in the application. The Architectural Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. (f) Non-liability. No member of the Architectural Control Committee shall be liable to the Association or to any Owner or Member for any loss, damage, or injury arising out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of the Architectural Control Committee. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or other governmental rules and regulations applicable to the Property. Section 7 . 02 . Control. No construction, alteration, addition, modification, decoration, redecoration, or reconstruction of any building, fence, wall, structure, or other improvement within the Property shall be commenced or maintained until the plans and specifications thereof shall have been approved by the Architectural Control Committee. Section 7 . 03 . Submission. Each application for approval shall include the following: (a) Two (2) complete copies of a site plan of the Lot. The site plan shall show the following information with a scale minimum of one (1) inch on the plans for each one hundred (100) feet of actual distance on the Lot: (i) Finished elevation of the improvement. (ii) A building footprint with dimensions from front, rear, and side property lines of the Lot. (iii) Driveways and walkways located on the Lot. (iv) Any existing structures on the Lot. (v) Location of improvements with respect to utility lines and facilities. (12/26/91) - 12 - 920284 (b) Two (2) complete sets of construction plans and specifications. Said plans and specifications shall include the following minimum information: (i) Floor plans of all levels of any Residence, which plans shall contain sufficient detail to describe the elements of the floor plan design. (ii) Total square footage for each level of any Residence. (iii) Building elevations on all sides of the proposed structure containing sufficient detail to determine roof form and material, window locations, siding material, and door placement. (iv) A written description of the materials to be used in the roof and exterior walls of the structure. (v) The size, type, and material to be incorporated in any fencing to be located on the Lot. (vi) The color of any paint or stain to be applied to the improvements. Section 7. 04 . Rules and Guidelines. The Architectural Control Committee may issue rules setting forth procedures for the submission of plans for approval and may also issue guidelines setting forth the criteria that the Architectural Control Committee will use in considering plans submitted to it for approval. Section 7. 05. Review of Plans and Specifications. The Architectural Control Committee shall consider and act upon any and all requests submitted for its approval. The Architectural Control Committee shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated will comply with this Declaration, will serve to preserve and enhance the values of Lots within the Property, and will maintain _ a harmonious relationship among structures, vegetation, topography, and the overall development of the Property. The Architectural Control Committee shall consider the quality of workmanship, type of materials, and harmony of exterior design with other Residences located within the Property. Should the Architectural Control Committee fail to approve or disapprove the plans and specifications submitted to it by an Owner of a Lot within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the Architectural Control Committee by certified mail, return receipt requested, with a copy to Declarant, by certified mail, return receipt requested, and, in the event that the Architectural Control Committee fails to approve or disapprove any plans and specifications as herein provided within (12/26/91) - 13 - 920284 thirty (30) days after such resubmission to the Architectural Control Committee and Declarant by certified mail, the same shall be deemed to have been approved, as submitted, and no further actions shall be required, provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration. Section 7 . 06. No Waiver of Future Approval . The approval by the Architectural Control Committee of any proposal or plans and specifications for any work to be done on a Lot shall not be deemed _ to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans, specifications, drawings, or other matter subsequently or additionally submitted for approval by the same Owner or by another Owner. Section 7. 07. Construction. Construction of a Residence or other structure approved by the Architectural Control Committee shall commence within three (3) months after approval of the plans and specifications, and the Owner shall thereafter proceed diligently with such construction. The exterior of any such structure shall be completed and a certificate of occupancy shall be issued by Weld County, Colorado, within nine (9) months of the date of commencement of construction. The Architectural Control Committee may grant an extension of the foregoing time periods for good cause and when such extension is requested by the Owner. Upon approval of plans and specifications for the construction of a Residence on a Lot, the Architectural Control Committee shall have the right to require the Owner of the Lot to deliver to the Architectural Control Committee a reasonable amount not to exceed Two Hundred Fifty Dollars ($250.00) to be held by the Architectural Control Committee as a clean-up deposit ("the Deposit") . The Deposit shall be returned to the Owner within thirty (30) days after the Residence has been completed and all excess debris removed from the Lot. If the exterior of the Residence is not completed and a certificate of occupancy has not been issued by Weld County, Colorado, within nine (9) months after the date of commencement of construction, then the Owner shall forfeit the Deposit. Forfeiture of the Deposit based upon the failure to complete construction of the Residence or obtain a certificate of occupancy therefor within the time permitted shall not limit any right which the Association may have to enforce the terms of this — Declaration. If the Residence is completed within nine (9) months of commencement of construction but all excess debris has not been removed from the Lot within such time period, then the Architectural Control Committee shall have the right, but not the obligation, to enter upon the Lot and remove such excess debris and deduct the cost of such removal from the Deposit. The balance of (12/26/91) - 14 - 9Z 0284 the Deposit, if any, shall be returned to the Owner within thirty (30) days after all excess debris has been removed from the Lot. Section 7 .08 . Landscaping. Within sixty (60) days following receipt of a Certificate of Occupancy from Weld County, Colorado, for the Residence constructed upon a Lot, the Owner thereof shall submit to the Architectural Control Committee for its approval, a landscaping plan showing the landscaping proposed to be installed upon a Lot, including the location of any trees, shrubs, grass or other landscaping on such Lot. There shall be a minimum of seven (7) trees 3" in diameter or greater of which the majority will be pines and the balance will be deciduous. Once the plan is approved, the landscape must be installed within 365 days following the receipt of a Certificate of Occupancy. In regards to Lot 5, within one year after receipt of a Certificate of Occupancy, the Owner shall install twelve (12) evergreen trees at least eight foot (8 ' ) tall, in a single line, within fifty foot (50 ' ) of the property line, in order to shield the view from the home on Lot 5 and the log hom located west of Lot 5. Section 7 . 09 . Variances. The Architectural Control Committee may authorize variances from compliance with any provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardships, aesthetics, or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Control Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of the variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner' s obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. Section 7. 10. Use Restrictions and Building Type. No building or other structure shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) Single-Family Residence for each Lot, with attached or detached garage, and other appurtenant structures. Section 7. 11. Temporary Structures. No structures of a temporary character, including, by example and not limitation, trailers, mobile homes, converted trailers, campers, shacks, basements, tents, garages, or accessory buildings, shall be used on any Lot for residential purposes. (12/26/91) - 15 - 920284 Section 7. 12. Modular Construction. No structures of modular construction shall be permitted on any Lot. All structures installed or erected upon any Lot shall be assembled on site (i.e. , stick built) and shall not be constructed off-site for assembly on a Lot. Notwithstanding the foregoing, metal garages and outbuildings may be erected on a Lot provided that the Architectural Control Committee, in its sole and absolute discretion, determines that the appearance and quality of construction of the proposed metal garage or outbuilding are such that it will not detract from the value of the remaining Lots. The Architectural Control Committee may, at its sole discretion, not approve of any outbuilding exceeding 3 , 000 square feet or any outbuilding exceeding 30 feet in height. Section 7 . 13 . Temporary Use. Notwithstanding any provision hereof to the contrary, it shall be expressly permissible for the Declarant to maintain at such locations within the Property, including Open Areas, as the Declarant shall determine during the period of development of the Property and the sale of Lots, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the development and sale of Lots. The Declarant, its agents, and prospective purchasers shall have the right of ingress, egress and parking in and through the Private Roads and the right to enjoy the Open Areas at any and all reasonable times without permission from any Owner or the Association being required. Any Owner shall, during the period a Residence is being constructed upon such Owner's Lot, have a similar right to maintain upon such Lot such facilities as may be reasonably required to assist in construction of such Residence, including a construction storage yard, construction office and the like. Section 7 . 14 . Utilities. All utilities within the Property must be underground unless otherwise approved in writing by the Architectural Control Committee. Section 7 . 15. Building Size. No Residence shall be erected, altered, or permitted to remain on any Lot unless the ground floor area thereof, exclusive of basements, open porches, and garages, is not less than one thousand eight hundred (1, 800) square feet for a single-story Residence and a total of two thousand one hundred (2 , 100) square feet for a multi-level Residence. The square footage of basements, walk-outs, and garden levels shall not be included in determining the square footage of a multi-level Residence. For purposes of this provision, the terms "basements, "walk-outs, " and "garden levels" shall mean any level, a portion of which is constructed below ground elevation. No building shall exceed a heighth of forty (40) feet. Section 7. 16. Building Setbacks. All structures, except fences, must be set back from all property lines a minimum of fifty (50) feet and a minimum of one hundred fifty (150) feet back from (12/26/91) - 16 - 920284 any roadway unless otherwise approved in writing by the Architectural Control Committee. Section 7. 17. Garages. Each Residence shall include an attached or detached garage having space for not less than two (2) vehicles. Section 7 . 18. Fences. Within one (1) year from the date an Owner acquires a Lot from the Declarant, such Owner shall cause to be professionally installed, a green-tinted three (3) rail, tenon- jointed pole fence along the entire front boundary of such Owner's Lot. If any Owner desires to install any fence within one hundred fifty (150) feet of the front boundary of any Lot, such fence shall be of the type and nature described above and shall be approved in writing by the Architectural Control Committee. No Owner of a Lot can fence any portion of his Lot within the Open Areas. For purposes of this provision, the "front" of each Lot shall be that portion of the Lot adjoining County Road #74 , State Highway #257 or the Private Roads. In the event the Owner of a Lot fails to install the fence as described in this Section 7 . 18 within one (1) year from the date the Owner acquires the Lot from the Declarant, the Association shall have the right, but not the obligation, to install such fence along the front of such Owner' s Lot and impose a special Assessment upon such Lot for the payment thereof. For purposes of this provision, the Owner of such Lot shall be deemed to have granted a license and easement to the Association to enter upon such Owner's Lot for the purpose of installing such fence. Section 7 . 19. Clotheslines. Any clothesline to be installed on the Property must be approved in writing by the Architectural Control Committee and must be retractable. Section 7. 20. Antennas and Satellite Dishes. A satellite dish and an antenna not exceeding thirty (30) feet in height from the groundlevel with horizontal elements not in excess of fourteen (14) feet in diameter will be allowed upon a Lot, provided that the location thereof is approved by the Architectural Control Committee and the Owner submits a plan to screen the antenna and satellite dish, utilizing fencing, landscaping, or other appropriate forms of screening. The Architectural Control Committee shall have the right to grant relief from this provision for good cause shown based upon the visibility and aesthetic appearance of the antenna and satellite dish. Section 7 . 21. Storage of Vehicles. Boats, campers, recreational vehicles, snowmobiles, all-terrain vehicles, motor homes, trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pick-up trucks) , and inoperative vehicles shall not be stored, parked, or permitted to remain upon a Lot, except within fully-enclosed garages or within fully- screened, fenced areas approved by the Architectural Control Committee. For purposes of this provision, any disassembled or (12/26/91) - 17 - 3 '0284 partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own power for more than one (1) week shall be considered an inoperative automobile subject to the terms of this Section 7 . 21. The foregoing restriction shall not be deemed applicable to horse trailers, tractors, or other farm maintenance equipment which may remain outside of screened areas on an Owner's Lot, provided that such horse trailers, tractors, or other farm maintenance equipment may not be stored within one hundred fifty (150) feet of County Road #74 , State Highway #257, or the Private Roads upon the Property. The Architectural Control Committee shall determine whether any equipment or machinery constitutes "farm maintenance equipment" for purposes of this provision. Section 7 .22 . Maintenance of Lots and Improvements. Each Owner shall keep or cause to be kept all buildings, fences, and other structures located on his Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall be stored or permitted to remain on any Lot unless screened from view from other Lots and from County Road #74, State Highway #257 or the Private Roads within the Property, except for reasonable storage during construction. Section 7 . 23 . Nuisance. Nothing shall be done or permitted on any Lot which is or may become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be conducted on any Lot, except home occupations as defined and permitted by the zoning resolution of Weld County, Colorado, or other governmental entity 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. Recreational use on private Lots of all- terrain vehicles, motorcycles, snow mobiles, etc. shall be kept to a minimum. Section 7 . 24 . Animals. An Owner may keep animals and livestock upon a Lot for recreational purposes and for use by the Owner' s immediate family, subject to the following restrictions and limitations: (12/26/91) - 18 - 920284 (a) No more than six (6) animal units may be kept or maintained on any lot except Lots 6 and 7 which may keep eight (8) animal units. One (1) horse will equal one (1) animal unit, one (1) cow will equal one (1) animal unit, one (1) llama will equal one (1) animal unit, two (2) sheep will equal one (1) animal unit, four (4) rabbits will equal one (1) animal unit and four (4) chickens will equal one (1) animal unit. Any off-spring of the foregoing will be classified as one (1) additional animal unit after it reaches one (1) year of age. (b) The Lot shall at all times be maintained in a clean and sanitary condition. (c) No Lot shall be overgrazed and the character of the Lot shall not be changed by the grazing of animals and livestock. In the case of Lots 1, 7 , 8, 9, 10, and 11, animals shall be confined to a paddock area of no more than 1/2 acre in size, and shall not allow grazing outside of paddocks. (d) All animals and livestock shall be cared for in a humane and husbandlike manner. (e) Corrals, barns and other outbuildings may be erected and maintained for the animals and livestock, provided that the structures are first approved in writing by the Architectural Control Committee. (f) All animals and livestock shall be confined, by a fence approved in writing by the Architectural Control Committee, to that portion of a Lot that is not in the open space easement or as mentioned in 7 . 24 (c) above. (g) Household pets such as dogs and cats shall be permitted on any Lot, provided that said pets shall remain under the control of their owner at all times by voice control or physical restraint and shall not be allowed to chase livestock or wildlife or make excessive noises. Household pets may not be kept, bred or maintained on a Lot for commercial purposes. No more than two (2) adult dogs and two (2) adult cats shall be kept on any one (1) Lot. Any off-spring of the foregoing will be classified as one additional unit after it reaches six (6) months of age. (h) No boarding of animals will be allowed. (i) If a party wishes to have any other animals besides those specified herein, the Architectural Control Committee, in its sole discretion, shall have the right to approve or deny that type of animal. Section 7 . 25. Damaue or Destruction of Improvements. In the event any Residence or other structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, (12/26/91) - 19 - 92,0284 said Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration; or in the alternative, if the Residence or other structure is not to be rebuilt, all remaining portions of the damaged structure, including the foundation and all debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the Residence or other structure. Section 7 .26. Storage Tanks and Containers. No elevated tanks of any kind shall be erected, placed, or permitted to remain on any Lot unless such tanks are screened from view from other Lots and from County Road #74 , State Highway #257 and the Private Roads by fencing or landscaping in a manner approved by the Architectural Control Committee. All air conditioning, refrigeration, cooling, heating, or other mechanical equipment or system which is located outside of a Residence or other structure on a Lot shall be screened from view from other Lots and from the County Road #74 and State Highway #257 and the Private Roads by fencing or landscaping approved by the Architectural Control Committee. Any propane tanks shall be fully hidden from view with a solid fence. Section 7 . 27 . Signs. No sign of any character shall be displayed or placed upon any Lot, with the following exceptions: (a) one (1) sign per Lot of not more than six (6) square feet in total area advertising a Lot for sale shall be permitted on any Lot; (b) the Declarant or Association shall have the right to place permanent signs at the entrances to the Property, identifying the development; (c) until such time as the Declarant is no longer the Owner of a Lot, the Declarant or his agents shall have the right to place one (1) or more signs on the Property, without limitation of size, offering the Property or Lots of the Property for sale; (d) open space trail signs and markers shall be permitted on the Property; and (e) additional signs may be permitted if approved by the Architectural Control Committee. Section 7.28 . Trash Collection. The Association, acting through its Board of Directors, shall have the right to require that any trash collection within the Property be performed by one (1) company and that trash be collected from all Lots by such company on the same day of each week. The Board of Directors shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the duty to assess the cost of trash collection as a Common Expense. Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash from his Lot. This Section 7.28 shall not apply to a contractor during the construction of a Residence or other improvements on a Lot. The Contractor may dispose of trash, rubbish, debris, and other construction materials from the Lot either personally or by contracting with a trash collection company. The trash collection company may remove trash, rubbish, debris, and other construction materials from the Lot (12/26/91) - 20 - 220284 during the construction of the Residence as often as the contractor deems appropriate. Section 7. 29. Color. All Residences and other structures constructed on any Lot shall be stained or painted earth-tone colors as approved in writing by the Architectural Control Committee. Section 7. 30. Culverts. The Owner of each Lot shall install culverts wherever driveways or other personal roads are constructed within each Lot, in locations for both irrigation flows and return flows in their designated areas. All culvert diameters must be approved before installation. Section 7 . 31. Resubdivision. No Lot may be further subdivided without the approval of the Architectural Control Committee, which approval shall be within its sole discretion. 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 7. 32 . Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, BB gun, pellet gun, or other firearm or weapon whatsoever, within any portion of the Property, including an Owner's own Lot. Notwithstanding the foregoing, the discharge of firearms or weapons by any member of any law enforcement office in the course of such member' s official duty shall not be deemed a violation of this provision. Section 7 . 33 . Disturbing the Peace. No person shall disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such Owner. Section 7 . 34 . Improvements on Lot 1. There presently exists upon Lot 1, a residential dwelling, garage, landscaping, and other improvements which may not comply with the requirements set forth in this Declaration with respect to the installation of improvements, submission to the Architectural Control Committee, and other matters relating to such improvements. Notwithstanding any other provision of this Declaration to the contrary, the improvements located upon Lot 1 are hereby acknowledged as valid structures and improvements and shall not be deemed in violation of any of the covenants, conditions and restrictions or limitations set forth in this Declaration. Any variance from the requirements of this Declaration with respect to the construction, erection, or installation of improvements upon Lot 1 which are in existence at the time of the recording of this Declaration shall be deemed to be waived and/or ratified. (12/26/91) - 21 - 920284 Section 7 .35. Roof Types. All roof materials shall consist of either wood shake, tile or slate. Composite type materials that are designed to look like "wood shake" can be used, if approved the Architectural Control Committee. ARTICLE VIII. DRAINAGE Each Owner of a Lot shall maintain the existing water drainage patterns of his Lot and shall not construct or erect any structures or improvements which shall impede or hinder water coming upon his Lot from reaching the natural drainage courses for such Lot and the Property. No structures, plantings or other materials shall be placed or permitted to remain within the ditch easement or drainage easement as shown on the Map of the Property which may damage or interfere with the installation and maintenance of irrigation and drainage facilities or which may cause a change in the direction or flow of drainage channels within the Easements or which may obstruct or retard the flow of water through drainage channels in the Easements. The ditch and drainage easements located upon each Lot and all improvements in them shall be maintained continuously by the Owner of the Lot, except for those improvements for which public authorities or utility companies or the Association are responsible. An owner shall not allow return flow waters to enter the open space without providing a properly approved culvert system. ARTICLE IX. INSURANCE Section 9 . 01. Insurance. All insurance, other than title insurance, carried in connection with the Easements shall be governed by the provisions of this Article IX. Section 9 . 02 . Insurance Requirements Generally. The Association shall obtain and maintain liability and other insurance as hereinafter provided. All such insurance shall be obtained, to the extent possible, from responsible companies duly authorized and licensed to do business in the State of Colorado. To the extent possible, any casualty, property, or liability insurance shall: (a) provide for a waiver of subrogation by the insurer as to claims against the Association, its directors, officers, employees, agents, and members; (b) provide that the insurance cannot be canceled, invalidated, or suspended on account of the conduct of the Association, its officers, directors, employees, and agents; (c) provide that the policy of insurance shall not be terminated, canceled, or substantially modified without at least thirty (30) days' prior written notice to the Association; and (d) provide for a standard Mortgagee' s clause in favor of all First Mortgagees. Any insurance policy may contain such deductible provisions as the Association deems consistent with good business (12/26/91) - 22 - 320284 practice and which shall be consistent with the requirements of any _ First Mortgagees. Any loss falling within the deductible portion of a policy shall be borne by the Association and collected through annual or special Assessments. The cost and expense of all insurance obtainable by the Association shall be paid out of Association funds collected by Assessments. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policy is sufficient to make any necessary repairs or replacement of insured property which may be damaged or destroyed. Section 9. 03 . Easements Public Liability and Property Damage Insurance. The Association shall obtain and maintain comprehensive general liability insurance, including non-owned and hired automobile liability coverage, owned automobile liability coverage (if there are any owned automobiles) , personal injury liability coverage covering liabilities of the Association, its officers, directors, employees, agents, and members arising in connection with ownership, operation, maintenance, occupancy, or use of the Easements and any other area which the Association is required to restore, repair, or maintain pursuant to this Declaration, with bodily injury liability limits not less than One Million Dollars ($1, 000, 000. 00) for each occurrence and One Million Dollars ($1, 000, 000. 00) aggregate. Each policy shall include a "severability of interest" endorsement. Section 9. 04. Workmen's Compensation and Employer' s Liability Insurance. The Association shall obtain and maintain workmen' s compensation and employer' s liability insurance as may be necessary to comply with applicable laws. Section 9. 05. Association Fidelity Insurance. The Association may also maintain adequate fidelity coverage, if available at reasonable cost, to protect against dishonest acts on the part of directors, officers, agents, and employees of the Association and all others who handle, or are responsible for handling, funds of the Association. Such fidelity bonds shall (a) name the Association as an obligee; (b) be written in an amount equal to at least one hundred fifty percent (150%) of the estimated annual Assessments; (c) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; and (d) provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premiums) without at least fifteen (15) days' written notice to the First Mortgagees and the Association. Section 9. 06. Notice Upon Loss. In the event that there shall be any damage, destruction, or loss to the Easements and the improvements thereon, which damage, destruction, or loss exceeds the lesser of (a) a material portion of the Easements; or (b) the sum of Ten Thousand Dollars ($10, 000. 00) , then notice of such (12/26/91) - 23 - 220284 damage, destruction, or loss shall be given by the Association to all First Mortgagees with respect to such damage, destruction, or loss to the Easements. All such notices shall be forwarded within ten (10) days after the occurrence of such event. Section 9. 07. Other Insurance. The Association may obtain casualty insurance and such additional insurance coverage against such additional risks as it shall determine to be appropriate. ARTICLE X. DAMAGE OR DESTRUCTION In the event of damage or destruction to the Easements or improvements thereon due to fire or other disaster, the insurance proceeds shall be applied by the Association to the reconstruction and repair of the Easements or damaged improvements unless seventy- five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. If the insurance proceeds are insufficient to repair and reconstruct the damaged Easements or improvements thereon, the Association shall present to the Members a notice of special Assessment for the approval by the membership in accordance with Section 5. 04. If such Assessment is approved, the Association shall make such Assessment and shall proceed to make such repairs or reconstruction. If the Assessment is not approved, or if seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise, then the insurance proceeds shall be used for the future maintenance of the Easements. If an Assessment is approved, the Assessment to each Owner and Lot shall be in the same percentage as provided for the payment of annual Assessments. Such Assessment shall be due and payable as provided by resolution of the Board of Directors, but no sooner than thirty (30) days after written notice thereof. The Assessment provided for herein shall be a debt of each Owner and a lien on his Lot thereon and may be enforced and collected by foreclosure proceedings in the courts. Upon approval of seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees, the insurance proceeds with respect to the Easements and improvements thereon which are damaged or destroyed may be distributed to the Owners, provided that any such distribution shall be made by check payable jointly to each Owner and the First Mortgagee, if any, of such Owner' s Lot. ARTICLE XI. CONDEMNATION If, at any time, all or any part of the Easements shall be take or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions of this Article shall apply: (a) Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called "Condemnation Award, " shall be payable to the Association. (12/26/91) - 24 - 920284 (b) Condemnation Award. The Condemnation Award shall be first applied by the Association to the rebuilding and replacement of those improvements within the Easements damaged or taken by the condemning public authority, unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree otherwise. Any surplus of the Condemnation Award or other portion thereof not used for rebuilding and replacement shall be used by the Association for the future maintenance of the Easements. In the event seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees agree to distribute the proceeds of any partial taking, such proceeds shall be apportioned among the Owners in the same percentages as provided for the payment of annual Assessments and payment of said apportioned amounts shall be made payable jointly to each Owner and the First Mortgagee, if any, of such Owner's Lot. ARTICLE XII. ANNEXATION OF ADDITIONAL PROPERTY Section 12. 01. Annexation of Additional Real Property. No additional property shall be annexed to the herein described property without consent of seventy five percent (75%) of the owners of the lots herein. ARTICLE XIII. GENERAL PROVISIONS Section 13 . 01. Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner, by the Architectural Control Committee, or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court shall award to the prevailing party in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the costs and reasonable attorney' s fees incurred by the prevailing party in connection with such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 13 . 02 . Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. Section 13 . 03 . Duration. This Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons (12/26/91) - 25 - 320284 hereafter acquiring said Lots, and shall be in effect for a period of thirty (30) years from and after the date hereof, after which period this Declaration shall automatically be extended for additional periods of ten (10) years each unless the Owners of seventy-five percent (75%) of the Lots and seventy-five percent (75%) of the First Mortgagees shall elect, in writing duly filed, to terminate this Declaration at the end of said specified period; in which case, this Declaration shall cease to be and shall be of no further force or effect. Notwithstanding the foregoing, the provisions of the Declaration pertaining to the maintenance, repair, and renovation of the road easement shall not expire, but shall be perpetual unless specifically released by the Board of County Commissioners of Weld County, Colorado, or a municipality should the Property be annexed to such municipality at a future date. Section 13 . 04 . Amendment. This Declaration may be altered or amended in whole or in part at any time the then record Owners of seventy-five percent (75%) of the Lots so elect through a duly written and recorded instrument; provided, however, that this Declaration may not be amended without the written consent of the Declarant, so long as the Declarant owns a Lot within the Property. Section 13 . 05. Limitations on the Association. Unless seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the First Mortgagees have given their written consent, the Association shall not be entitled to: (a) By act or omission, to seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the Easements (the granting of easements for public utilities and other public purposes consistent with the intended use of the Easements by the Association shall not be deemed a transfer within the meaning of this clause) . The sale of any Lot subject to an open space easement shall not be deemed a transfer for purposes of this paragraph. (b) Change the method of determining the obligations, Assessments, dues, or other charges which may be levied against an Owner. (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or exterior appearance of any building or other structures or the maintenance of the Easements. Section 13 . 06. Management of Easements. The Association may obtain and pay for services of a managing agent to manage its 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 Easements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or (12/26/91) - 26 - 920284 other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 13 . 07 . Rights of 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 Easements, and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 13 . 08. Notice of Default. The Association may at its option provide each First Mortgagee with written notice of any default in the performance of any obligations under these covenants by its mortgagor which is not cured within thirty (30) days. The Association may also send to each First Mortgagee a copy of any notice of lien provided for herein. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above. HARRISON RESOURCE CORPORATION, ATTEST: a Colorado corporation By Secretary Craig Harrison, President (12/26/91) - 27 - 9¢;0284 STATE OF ss. COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of , 1991, by Craig Harrison as President of Harrison Resource Corporation, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF ) ss. COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of , 1991, by , as Secretary of HARRISON RESOURCE CORPORATION, a Colorado corporation. WITNESS my hand and official seal . My commission expires: Notary Public (12/26/91) - 28 - 920284 RATIFICATION AND CONFIRMATION The undersigned, having a security interest in all or a portion of the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions and Restrictions for Valley View Ranch. IN WITNESS WHEREOF, the undersigned has caused its name to be hereunto subscribed by its this day of , 1991. By August Schneider By Freida Schneider STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1991, by August Schneider and Freida Schneider. WITNESS my hand and official seal. My commission expires: Notary Public (12/26/91) - 29 - 9 . 0284 EXHIBIT "A" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH Leaal Description of the Property [Legal description of real property to be inserted after exchange is completed] 3 0284 EXHIBIT "B" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH [Attach Map of the Property depicting Lot numbers and location of all Easements described in Article II] Sre®284 EXHIBIT "C" ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW RANCH Allocation of Water Stock Lot Identification Percentage of Water Stock Number Allocated to Lot 1 2 3 4A 4B 4C 4D 5 6 7 8 9 10 11 12 13 100% 920284 Legal Description of Additional Real Property [To be attached] 920284 SECTION F Improvements Agreement 9< L284 IMPROVEMENTS AGREEMENT ACCORDING b \Alt POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this _ day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and 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: WHEREAS, a final subdivision plat of said property, to be known as has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public Improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineerin& Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by thin 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. I.) Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 7.0 Rights-of-Way and Easements: Before commencing the construction of any 28 improvements herein agreed upon, Applicant shall acquire, at its own 2® 1 expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "R" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall he 1n strict conformance to the plane 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 and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liabilifl: 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, 320284 2 together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate votkman'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. 5.0 Off-Site Improvements Reimbursement Procedure: That subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off-sits improvements. 5.2 The off-site improvements agreement shall contain the following: - The legal description of the property to be served. - The name of the owner(s) of the property to be served. - A description of the off-site improvements to be completed by the subdivider, applicant, or owner. - The total cost of the off-site improvements. -- - The total vehicular trips to be generated at build-out by the subdivision, or resubdivision, as specified by the ITP. Trip Generation Manual, or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site improvements. - The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. --- 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect en amount which exceeds 9Z02a4 the total costs of improvements less the pro rats share of the total trip impacts generated by the original development. _ Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of _ the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or retubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision 1.s not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 acceptance 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 ter-,a®; �� .A 4 4 • 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 accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have bean corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and • shall he responsible for the ful.l maintenance of said streets including repair. 7.0 Central 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 indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final 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 flat 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 he completed within one (1) year after the Final Plot 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 3 284 not renewed within these time frames, the County, at its 5 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. 7.7 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 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 Latter 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 9 >SJ'2s4 6 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. R.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 N.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 covet 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 Wald 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 sole of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens end 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. - The escrow agent guarantees that the escrowed funds will be used for improvements us 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 4 value of the improvements. 95;028 9.0 Request fur_Release of Collateral: Prior to release of collateral for 3 the entire project or for a portion of the project by Weld County, the 7 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 hie 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 dietrict 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 renults of fire flow tests. 9.6 The requirements in 8.0 thru 8.5 shall be noted on the fine] construction plane. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 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 acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Site, 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 920284 8 with one of the t ,owing alternatives, or as specified it ae PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-8 of the Weld County Subdivinion Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by .the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of the Wald 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 Section 8-15-8. 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 he binding upon the heirs, executors, personal representatives. successors and assigns of the Applicant, and upon recording by the County, shall be deemed a _ covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '-- Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney APPLICANT: BY: (title) _ Subscribed and sworn to before me this _ day of . , 19 My commission expires: Notary Public 9;60284 9 EXHIBIT "A" Name of Subdivision: valley View Ranch Filing: 1 -- Location: At intersection of Highway U257_and Weld County Road #74 Intending to be legally hound, 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 Yes 1 Street base Yes Sa,tto.uu Street paving None g..t___a, a.,d culverts Yes _._ $1.210.00 Sidewalk None Storm sewer facilities None Retention ponds None Ditch improvements _ None -_ Subsurface drainage - None Sanitary sewers _None Trunk and forced lines None Mains None Laterals (house connected) _ None On-site sewage facilities By Lot Owners On-site water supply and storage - Yes3 Water mains Yes i4,4UU.UU Fire hydrants Yes $2,800.00. Survey & street monuments & boxes Yes (Completed prior to final) Street lighting _ None Street name signs -_. Yes $ 300.00 Fencing requirements By Lot Owners Landscaping Yes _ $3,500.00 Park improvements Noon SUB-TOTAL. Engineering and Supervision Costa $1,500.00 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTA'. ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 21.936.00 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 a construction sd edule • set out in Exhibit "B". .ignature of Applicant (If corporation, to be signed by President and attested to by Secretary,: together with corporate seal.) 77 Pate: I Z�L CI , 197 1 920284 EXHIBIT "B" __ Name of Subdivision: Valley Vi w R eb _ --- Filing: 1 _—. location: At intersection of Highway #? 7 and Weld Cnunr, xn d d76 — intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Valley View Ranch Subdivision, — dated , 19_, Recorded on , 19_ in Book _ , Page No. Reception No. ______—_, the following schedule. All improvements shall be completed within 2 _ years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion \ Street grading Yes 1-2 weeks — ' Street base Yes 2 days Street paving None - ;Awns-grt-tree n'd culverts 3 days Sidewalk __ None — Storm eower facilities None _- _---- Retention ponds None Ditch improvements None Subsurface drainage None Sanitary_aewers _ None _ Trunk and forced lines None Mains None _ — Laterals (house connected) _ None ._ --- Un-site sewage facilities By Lot Owners — On-site water supply and storage Yes 1 week Water mains . Yes 1 week Fire hydrants Yes 2 days __. Survey 6_street monuments & boxes Yes Comnlered prior rn final — Street lighting None Street name signs Yes 1 day Fencing requirements_ By Lot Owners Landscaping Yes 1 week - — -C,., Park improvements None SUB-TOTAL 5-6 weeks The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any p r`-ar improvements shown above, upon a showing by the Applicant tha move schedule canmdt Oml u4atv.,, Cr-- Signature of.Applicant c es " 'n. (If corporation, to be signed by President and attested to by .1Ses';9,farY, together with corporate seal.) Pate: ,-/&c / c!, 19 11. 920254 SECTION G State Highway Access Permit 920284 HARRISON RESOURCE CORPORATION December 26, 1991 Mr. Bud Hooper State Highway Department Post Office Box 850 Greeley, Colorado 80632 Dear Mr. Hooper: I wish to apply for an access permit for six residential homes on State Highway #257 for the Valley View Ranch P.U.D. Please send me an application form and let me know what I need to do to proceed with this. Sincerely Craig Harrison CH/ta m i rr r..,1 ii ( I n t Pnr PCwiurri., 92,0284 16r r i. ,,. r l 1?`., f):11 ,Zh It Of) SECTION H Geological Maps and Investigation Reports 920284 SUBSURFACE SOILS AND PRELIMINARY PERCOLATION INVESTIGATION FOR VALLEY VIEW RANCH, P.U.D. WELD COUNTY, COLORADO Prepared for Harrison Resource Corporation 760 Whalers Way Fort Collins, Colorado 80525 August 29 , 1991 • Commission No. 1413-01-01-01 CONSULTING ENGINEERS FOUNDATION & SOILS ENGINEERING, INC. 100 East Third Street Loveland, CO 80537 9 0284 FOUNDATION Engineering, AND SOILS - II Inc. August 29, 1991 Commission No. 1413-01-01-01 Mr. Craig Harrison Harrison Resource Corporation 760 Whalers Way Fort Collins, CO 80525 Dear Mr. Harrison: The enclosed report presents the results of a subsurface soils investigation, and preliminary percolation study for the proposed Valley View Ranch P.U.D. , located in Weld County, Colorado. In summary, low to nonswelling granular and plastic soils and bedrock strata were encountered in the borings. Care should be taken during and after construction to minimize the potential for foundation and floor movement. A series of two (2) percolation tests were preformed within each building envelope for a total of eighteen (18) tests. It is our opinion that the site it both suitable for balanced spread footings and for standard waste disposal systems. The attached geotechnical report presents the results of our investigation and recommendations concerning design and construc- tion of the foundation systems and support of floor slabs. We appreciate the opportunity to be of service to you on this project. If you have any questions, please call . Respectfully, O REC��ws H�iE Pgrtf oFS `b:Ar �Kevin W. Patterson, PjE. 23841 _ FOUNDATION & SOILS >�INFERS, 'Nei KWP/sbs . uo a �4 a� 100 East 3rd Street • Loveland,Colorado 80537 • (303)663-0138 92,O284 TABLE OF CONTENTS Letter of Transmittal i Scope 1 Site Description 2 Field Investigation 3 Laboratory Testing Procedures 5 Subsurface Conditions 6 Foundation Recommendations 8 Floor Slabs 13 Site Grading and Utilities 14 Landscaping and Drainage 15 Preliminary Percolation Investigation 16 General Information 17 Consolidation Swell Tests Figures 1 - 4 Proposed Development Plan Figure 5 Test Boring Location Map Figure 6 Legend of Soil Symbols Figure 7 Boring Logs Figures 8 - 10 Summary of Test Results Figures 11 - 13 Percolation Test Results Figure 14 Suggested Specifications for Placement Appendix A of Compacted Earth Fills and/or Backfills • 920284 SCOPE The following report presents the results of our subsurface soils and preliminary percolation investigation for the proposed Valley View Ranch P.U.D. , situate in the E1/2 of NE1/4 of Section 5, Township 6 North, Range 67 West, of the 6th Prime Meridian, Weld County, Colorado. This investigation was performed for Harrison Resources Corporation at the request of Mr . Craig Harrison. We understand that the majority of the site is to be developed into ten (10) estate residential lots, ranging in size from four to seventeen (4-17) acres. Proposed zoning is to be R-1 (residential) and A (agricultural) . The remainder, primarily the ten (10) acres in the northeast corner of the property is proposed to be developed for commercial use. Zoning in this area is to be commercial (C-1 and C-2) . Currently, an existing home and farm buildings are located on the proposed Lot 10. As building envelopes for each of the residential lots have been previously designated, our borings were generally limited to within specific building envelopes. Residential construction is to be typical wood frame type and brick veneer and as such, should generate only light loading, on the order of 1,000 to 2,000 PLF. Concentrated loads, if any, should not 1 920284 exceed 15 to 20 KIPS . Residences are to be serviced by individual sewage disposal systems. At this time, no specific plans have been made for construction of the commercial lot. Therefore, loads are unknown. Additional testing will be required on this lot at a later date when type of construction is known. The purpose of this investigation is to identify subsurface condi- tions and to obtain test data to properly design and construct the foundation system and floor slabs for the proposed residential construction within each building envelope. Each site was also evaluated to determine the feasibility of standard individual sewage disposal systems. The conclusions and recommendations presented in this report are based upon the acquired field and laboratory data and previous experience with similar soils in the area. SITE DESCRIPTION The site consists of approximately 78 + acres located North of Windsor at the Southwest corner of the intersection of County Road 74 and State Highway 257 in Weld County, Colorado. An existing home and farm buildings are located at the Northeast portion of the site on the proposed Lot 10. A small to moderate sized irrigation ditch runs primarily North- 2 920284 South through the property. Several small irrigation laterals are located at the site. The terrain consists of gentle to moderate slopes ranging from 1% to 10% generally towards the South and Southeast. Much of the site is irrigated alfalfa fields. FIELD INVESTIGATION The field investigation consisted of nine (9) borings , one (1) each generally within designated building envelopes. Eighteen (18) shallow holes were drilled for percolation test purposes, two (2) per building envelope. Distances between borings are as indicated on the attached test boring location maps, Figure 5 and 6. All borings were advanced using a four (4) inch diameter continuous flight power auger. All percolation holes were drilled six (6) inches in diameter, to a depth of thirty-six (36) inches. All borings were continued to hard bedrock or to depths considered sufficient for the purposes of this report as set forth in the scope. • Complete logs of the boring operation are shown on the attached figures and include visual classifications of each soil , location of soil changes, standard penetration test results, and water table measurement at the time of this investigation. The borings were initially laid out by Foundation & Soils Engineer- ing Inc. personnel based on a site plan provided by the client. 3 :3440284xfO284(9�n9A However , final boring locations and elevations were determined by Intermill Land Surveying. Elevations were referenced to sea level using the Northeast corner of Section 5, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Elevation at this point is approximately 4913 feet. The approximate location of the benchmark is shown on the attached boring location map, Figures 5 & 6. The locations and elevations of the borings should be considered only to the degree implied by the methods used to make those measurements. As the boring operation advanced, an index of soils relative density and consistency was obtained by use of the standard penetration test, ASTM Standard Test D-1586. The penetration test result listed on the log is the number of blows required to drive the two (2) inch split-spoon sampler one (1) foot into undisturbed soil by a one hundred and forty (140) pound hammer dropped thirty (30) inches. Specific conditions at each boring location are indicated on each individual boring log. The stratification boundaries shown on the boring logs represent the approximate location of changes in soil and rock types. In situ, the transition between the different strata can and often is gradual . Undisturbed samples for use in the laboratory were taken in three (3) inch 0.D. thin wall samplers (Shelby) , pushed hydraulically 4 920284 into the soil in accordance with ASTM D-1587 . In this sampling procedure, a seamless steel tube with a beveled cutting edge is pushed hydraulically into the ground to obtain a relatively undisturbed sample of cohesive or moderately cohesive soil. All samples were sealed in the field and preserved at natural moisture content until time of test. LABORATORY TESTING PROCEDURES The laboratory testing program was undertaken to measure critical shear and consolidation-swelling characteristics of the soil. Additional testing included tests necessary to verify visual • classification and moisture content of soils from borings. The recovered samples were tested in the laboratory to measure their dry unit weights and natural water contents. A calibrated hand penetrometer was used to estimate the approximate unconfined strength of selected samples. The calibrated hand penetrometer has been correlated with unconfined compression tests and provides a better estimate of soil consistency than visual examination alone. One-dimensional consolidation-swell tests were performed on selected samples to evaluate the expansive nature of the natural cohesive soils or rock. In the swell test, a trimmed specimen is placed in a one-dimensional confinement ring and a vertical load is applied. After seating , the sample is inundated with water and 5 9 ,0284 the height change of the specimen is recorded. The confining load is then incrementally increased until the specimen is compressed to its original volume. Results of those tests are presented in the end of this report. SUBSURFACE CONDITIONS The subsurface conditions at the site were considered somewhat erratic. Generally, surficial deposits consisting of silt and sand mixtures overlie the site. In some areas, the sands contained clays or gravels. A siltstone and claystone bedrock stratum was en- countered below the surficial deposits in eight (8) of the nine (9) borings to the depths explored. Groundwater was observed in five (5) of the nine (9) borings . Fine-grained sands containing moderate amounts of silt and slight to moderate amounts of clay were observed in the upper four to eight (4-8) feet of the borings . Traces of gravel were observed in some of the samples. Laboratory and field tests indicate that these deposits exhibit low to moderate bearing capacities. No detectable swell potential was observed in the laboratory samples. The upper sands grade into clays which contain moderate to high amounts of silt and sand with some gravel . This clay layer may be absent from some locations or may not be detectable due to the subtle changes as is typical in stream deposits. Strength charac- 6 9;2,0284 teristics are very similar to the above sands, exhibiting low to moderate bearing capacities. Coarse grained sands containing low to moderate amounts of gravel were observed below the clays and fine sands in Test Hole Nos. 2,3, 4, and 5. Strength characteristics are similar to, those deposits described above. A siltstone and claystone bedrock stratum containing moderate amounts of sand was encountered below the surficial deposits at depths ranging from eight to sixteen (8-16) feet in depth. The upper three to five (3-5) feet appear to be moderately weathered. Field tests indicate these deposits exhibit high bearing capacities • in the unweathered portions. These deposits typically exhibit low to moderate potentials for swelling when wetted. Groundwater levels were observed in six (6) of the nine (9) borings. Depths of the groundwater range from six (6) feet and Test Hole Nos. 2 and 7 to nine (9) feet at Test Hole No. 3. • The groundwater table can be expected to fluctuate throughout the year depending upon variations in precipitation and irrigation of the area. Due to the shallow depth of the bedrock at this site, surface water from the above sources could percolate through the upper surficial deposits becoming trapped upon the relatively impervious bedrock stratum forming a perched water table. The ambient groundwater table at the site, however, unless a source of 7 920284 water not presently contributing becomes available, is not expected to rise to a level which would affect the construction or utiliza- -- tion of a basement-level construction. FOUNDATION RECOMMENDATIONS The selection of the foundation type for a given situation and structure is governed by two basic considerations. First, the foundation must be designed so as to be safe against shear failure in the underlying soils; and second, differential settlement or other vertical movement of the foundation must be controlled at a reasonable level . Two basic controls are available to us in selecting the foundation type and allowable loads. These are the standard penetration test and consolidation swell testing. The ultimate bearing capacity of the foundation soil or rock depends upon the size and shape of the foundation element, the depth below the surface, and the physical characteristics of the supporting soil. Where silty sands, sandy clays, and gravelly sands are encountered at footing elevations, we recommend the use of conventional balanced spread footings and/or grade beams proportioned using an allowable bearing value of 1, 500 PSF (1/2 live load + dead load) . The foundation walls and other structural elements should be 8 a?,0284 designed by a qualified structural engineer for the appropriate loading conditions. All footings should be placed below any topsoil or fill unless the fill has specifically been placed and compacted for support of footings. All exterior footings should be placed below frost depth to provide adequate cover for frost protection, thirty (30) inches in this area. If isolated areas of loose or soft soil are exposed during final footing excavation, these soil areas should be removed down to undisturbed, acceptable soils prior to placement of the footings. Footings can then be placed directly upon the acceptable soil , or the excavation can be backfilled up to the desired footing bearing elevation. All fill should be placed and compacted in accordance with the recommendations contained in the Section "Site Grading and Utilities" , and Appendix A of this report. Where lower levels penetrate the top of the bedrock stratum, or are located within two (2) feet of groundwater levels, we recommend that such lower levels be provided with a perimeter drainage system. The drainage system should contain a four (4) inch diameter perforated drain pipe encased in a minimum of twelve (12) inches of clean, 3/4 inch gravel graded in accordance with ASTM C 33-78 . The drain pipe should extend around the lower level with the invert being placed a minimum of four (4) inches below the bottom of the footing and/or grade beam to facilitate moisture transfer to the system. The gravel should be placed a minimum of eight (8) inches over the pipe the full width of the trench. The whole system should 9 2,2;0284 then be covered with untreated building paper to minimize clogging of the gravel with the sandy backfill material . The above drain system should be run at 1/8 inches per foot minimum to either a sump constructed in the basement or "daylighted" well beyond the foundation system. The sump should be a minimum of eighteen (18) inches diameter by three (3) feet deep and surrounded by at least six (6) inches of clean gravel similar to that provided around the drain. The sump should be provided with a pump designed to discharge all flow to the sump a minimum of five (5) feet beyond the backfill zone. Where footings and/or grade beams will be located within two (2) feet of the bedrock, we recommend the use of a drilled pier and grade beam type foundation system, with the piers bearing in the siltstones. The piers should be drilled a minimum of four feet into the bedrock with minimum lengths of eight (8) feet. The piers should be designed for a maximum end bearing value of 15,000, maximum side shear on that portion of the pier in bedrock of 1, 500 PSF and a minimum dead load of 3,000 PSF. A nominal amount of reinforcing steel should be used in all piers. Difficulty is sometimes experienced in achieving the desired minimum dead load. In the event that this occurs, we suggest the piers be reinforced full length to take the difference between the "desired" and the "obtainable" dead load in tension. The side shear value given above may be used in uplift provided the sides of the 10 g,get 7 a?,0284 hole are roughened. In drilling the piers, the following design and construction details should be observed: 1. Piers should be designed for the maximum end bearing and skin friction specified in this report. 2. All piers should be designed for the minimum dead load pressure specified in this report. 3 . All piers should penetrate a minimum of four (4) feet into the hard bedrock and a minimum length of eight (8) feet. • 4 . All piers should be reinforced for their full length to resist tension. We recommend the use of at least two (2) #5 bars. 1 - s 5. A minimum four (4) inch air space should be provided beneath 1 all grade beams to insure the concentration of dead load pressure on all piers. i 6. All piers should be plumb, carefully cleaned and dewatered • before placing concrete. In our opinion, casing and/or dewatering probably may be required in some areas. 7. Most of the bedrock at the site can be drilled with normal heavy commercial-size pier drilling rigs. Some of the bedrock 11 92,0284 is very hard and a problem may arise if the contractor attempts to drill the pier holes with small drill rigs. In _ case drilling refusal is encountered, the depth of penetration into bedrock may be reduced if design criteria are adjusted accordingly. 8 . Grade beams shall be designed to span between each pier. 9. All pier holes should be inspected during construction by a competent soil engineer to insure that penetration is started at the proper depth and no loose material remains in the hole. The following recommendations should be followed in the design of • the foundation system: _ 4 1. All footings and<or grade beams should be below frost depth - ( 30") . 2. Foundation walls should be reinforced with rebar to span an unsupported length of ten (10) feet. Rebar should be run continuously around corners and be properly spliced. ' 3. Bearing walls should be omitted in the basement. Partitions should be hung from the floor joists and beams supported by adjustable steel columns. 4 . It is our opinion that basement construction is feasible for 12 220284 this site. However, all footings placed within two (2) feet of the lower bedrock stratum should be protected by a perimeter drain as detailed above. 5. All footings and/or grade beams should bear on the same type of soil . 6. We recommend the performance of an excavation inspection for each lot to make a final determination on foundation types. • FLOOR SLABS Soils at proposed foundation elevations are stable at their natural moist condition. However, should their moisture content change vertical movement of the slabs could result, particularly at basement elevations. This phenomenon can result in cracking of the garage slabs or other deeper slabs-on-grade. In our opinion, the only positive solution is to use a structural floor system which allows• the floor to be isolated from the underlying soils. This is quite expensive and in our opinion, is not warranted provided the owner is willing to accept the risk of damage. With the above in mind, construction of the structure, as much as possible, should be done to accommodate movement of the slabs without damage. Slabs should be constructed "free floating" , isolated from all bearing members, reinforced with wire mesh, and jointed frequently. 13 Slabs on grade should be underlain with a four (4) inch layer of clean gravel or crushed rock to help distribute floor loads and provide a capillary break . Positive drainage should be provided for the gravel underlayment to prevent pooling of water beneath the slab. Exterior slabs exposed to de-icing chemicals or extreme weathering should be constructed using a more durable concrete using a Type II cement with higher air contents and lower water- cement ratios. SITE GRADING AND UTILITIES Specifications pertaining to site grading are included below and s _ in Appendix A of this report. It is recommended that the upper four (4) to twelve (12) inches of topsoil below building, filled and paved areas be stripped and stockpiled for reuse in planted areas. The upper six (6) inches of the subgrade below building, paved and filled areas should be scarified and recompacted two percent (2%) wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D-698-78 (See Appendix A of this j report) . Additional fill should consist of the onsite soil o imported materials approved by the geotechnical engineer ill should be placed in uniform six to eight (6-8) inch lifts and mechanically compacted two percent (2%) wet of optimum moisture to at least ninety-five percent (95%) of Standard Proctor Density ASTM D-698- 14 94)284 78 . Bedrock encountered at the site may be used as fill material in selected areas. Heavy-duty construction equipment equivalent to an excavator having a gross weight of ninety thousand pounds (90,000) may be needed to excavate the firm bedrock . Bedrock used as fill should be broken into pieces less than six (6) inches in diameter. Proper placement of the bedrock as fill may be difficult, and a disc or other mixing equipment may be needed to obtain uniform moisture and proper compaction. The bedrock should be used in open and planted areas. It is recommended that bedrock not be used as backfill adjacent to proposed buildings . LANDSCAPING AND DRAINAGE I - ! Every precaution should be taken to prevent wetting of the subsoils and percolation of water down along the foundation elements. Finished grade should be sloped away from the structure on all • - sides •to give positive drainage. A minimum of twelve (12) inches fall in the first ten (10) feet is recommended. Sprinkling systems should not be installed within ten (10) feet of the structure. Downspouts are recommended and should be arranged to carry drainage from the roof at least five (5) feet beyond the foundation walls. Backfill around the outside perimeter of the structure, except as noted above, should be compacted at optimum moisture, or above, to 15 92,0284 at least ninety percent (9O%) of Standard Proctor Density as determined by ASTM Standard Test D-698. A suggested specification for placement of backfills is included as Appendix A. The backfill placed immediately adjacent to the foundation walls, if not properly compacted, can be expected to settle with resulting damage to sidewalks, driveway aprons, and other exterior slabs-on- grade. To avoid settlement and disfigurement of the slabs in the event that the backfill is not properly compacted, we recommend -- that concrete slabs which must span the backfill be supported by the foundation walls. This is conventionally done by use of a brick ledge or haunch. Exterior slabs could be dowelled to the foundation wall . The slab should be reinforced as necessary for the span involved. PRELIMINARY PERCOLATION INVESTIGATION Two (2) percolation test holes were drilled within each proposed building envelopes. The purpose of the percolation tests were to determine the feasibility of the utilization of standard absorption systems at each site. The percolation rates range from nine (9) to sixty (6O) minutes per inch and are shown on Figure 13 . Groundwater levels observed in the borings were no shallower than six (6) feet. Bedrock levels observed in the borings were no shallower than eight (8) feet. Based on these conditions, we feel that all of the sites tested are suitable for standard absorption beds. Complete, site- 16 9ZO284 specific percolation tests will be needed prior to final determina- tion of the size and type of each individual sewage disposal , _ system. Final percolation tests for design purposes shall be conducted in accordance with the Weld County Health Department' s "Individual Sewage Disposal System Regulations" . GENERAL INFORMATION The data presented herein were collected to help develop designs and cost estimates for this project. Professional judgments on design alternatives and criteria are presented in this report. These are based on evaluation of technical information gathered, partly on our understanding of the characteristics of the structure proposed, and partly on our experience with subsurface conditions in the area. We do not guarantee the performance of the project in any respect, only that our engineering work and judgments rendered meet the standard of care of our profession. The test holes drilled were spaced to obtain a reasonably accurate picture of subsurface conditions for design purposes. These variations are sometimes sufficient to necessitate modifications i•n design. We recommend that construction be continuously observed by a qualified soils technician trained and experienced in the field to take advantage of all opportunities to recognize some undetected 17 condition which might affect the performance of the foundation systems and sewage disposal systems. • i 1 18 Date August 30, 1991 Commission' No; 1413—01-01-01 oa o O o — F- N a w O o o > o cc la 0 J Z cc -- 0 ._Q a . OF it M cf' 0 M O z J w I- -I a 0 .-, 0 w W w Z `. 0 • w 0 Z 0 F- w Q C O O K N w 1 Q . o J `e' /% a Jte a _ W a a � � U) w c 1L w u w u N Q t uM M V\i� w y ♦ma+ N 0 w CO 0. O. I- w 0- J w 6 0 ...L N A r ±' ••••S Y N Q — + 113MS (%) NOIiVOIlOSNO0 - 8F,0284 FOUNDATION ENGINEERING FIG. 1 Date August 30, 1991 Commission. No: 1413-01-01-01 o C. o PA o — N a W 0 O O CC CI 0 L 2 a ce o a z lirQ fi 0LLI O .N v 41- oD - L OJ O H O C - - o f J I a ..' OCI V F L — a Z IIIcz co 0 - ~ W 9 a o W C) • i b Y M SI N Li ya o y y o I- UJ a -I J W r d CI — + TONS (I) NOIIVOIIOSNOD - 9';0284 FOUNDATION ENGINEERING FIG. 2 Date August 30, 1991 Commission' No: 1413-01-01-01 0 pi o 0 )- I— (74 a W 0 0 0 CC U O _ J 2 cal 0 6 2 _ 0 Q c ri` a O \_ •aw J W F- J a 0 t- 0 W a N � 0 N � W __ p r H W a 7 . 0 & v., u_ ..... ElJ . 1 a ce i H J W 9 u QW O N L W a u t0i r1 7 Ls- 0 0 O til O. W 0. J W - 0_ p "Cr N O nl * •J IA a + 113MS (%) NOIJVOIIOSNO3 - 9 Z0284 FOUNDATION ENGINEERING FIG. 3 Date August 30, 1991 Commission' No'.1413-01-01-01 9 o r: o 0 a i- (.7) 2 - W o O > O K in O �J J L z 0 Q Z OZ - mil W H J a 0 LL IJJ 2 1- W Z O U) ''- W I-r IJJ C O - E & N 0 4 O 0 f I J a o o< W W O W LL U) mI p U O W O o t . H W O- -.1 W N Q ta 'Cs- a cSJ a - + 113MS (z) NOIIVOIlOSNOD - 920284 FOUNDATION ENGINEERING FIG. 4 Date: August 30, 1991 • Commission No. 1413-01-01-01 Os 111801161.1211101 r MI coal..CIAL.la..1... \ \ 3 •� ' •.,u.., �® -I o` - sou la 11Y1 units! \ •• A. / \ M .a ,/ uAen. m.1..1Y I /y. ..., �� % \\ \\ \LOT el t kille 11\ o on // Iji!• a tA•.110 \ \fir r ill_ 1 I 11 1 i 124, tor n+ I�I -� I I r� I • . .n..e ll MI ni.a.DIMANCEm.uw. W...'I All . -� •� / /M tr lY•.•,41 ' / TRAIL SKIM iI\ \\ to,NS AS 19.c _ / / ) 4 :441(1); . e A ‘:•.*** i ` \�/1\ / ® \\• • / \—I/ ® 1 )j ......—.TI 'may; F` Ifv w � ®o.�ia 1134 1 NI ��'6�� \ --.......4 Id"' . / OJT:1:11101 f ' V`\ / . . / 11 1 f _ \\ / WiP.Y • .. ' .1I ~.,.�..A.,11 VCN __ ` I • ...... nI., wawna....e f rol Yep i I : AUX,V1n WOF 1.41 rr I�1GH`I i ..aly .AY MT • o— S! k IIIIIIWINOIOR LARK Nu SL/AuS 111011.Ar :.:c..p•08 MOlant 920284 Fig 5 Date: August 30, 1991 Commission No. 1413-01-01-01 v :. NI ,/•. SCC '•6'E7 , . -COUNTY ROAD ,144:14E7 +•e'S 89°59112NE 1450.Q71 . NE COI?. 1._ Ds Sec.5.6.67 a9 9:' -- —1 T—"� I R R/W 1. .. "7 ONE la I ', P *EST Raw. '� \ O6 • L,NC s.N. 267 >1>RI eii u40.0SED FUTURE Raw. 2NC OF S.N. 257 v *Z 7120 LNNw lG .TI1\( I CO e, 44 47 N. I' I "1 , h -.4 z CM W . a S '5 _ S. e \ ii 11 1! 1� .. _ 1 . L. s 1� , :, 91 06 C N a G. ncljOin/W 2 4 41 M. T a 6 x C3 W �_ tO N ye Y9 I o y y I°=400! 3 S , , -- 41, Sc, 9e, a h Nee 3051-E . !1 11 e8 LOT A -2 N 1s7 Noo•55'a'w ,eeuc _ i.00T AC. N J4020•37-• se1•J6'51-w 5e 2' its :649. E is 2. 1/1.69' re 1/• TIC. 5.6.62 20.0' it),E 1/4 COR / - . yS88°36'51wW 1610.56 Sec.5-6-67 SCVfl UNC. E./2. NC /4 . SEC.5-e-E: Fla:'c o Pv& I+OLG-S VP• ir' kA 5A/ R4+4.4+ P,V.D l.tvete A r Er t WELD Co-' f - � GoLoe# PO • 220284 BORING LOCATION MAP own G Date August 30, 1991 Commission No, 1413-01-01-01 LEGEND OF SOILS SYMBOLS XK FILL • • — . Ooe00 % e a GRAVELS .o.• 00,0 SANDS SHELBY TUBE SAMPLE \\\ SILTS • \ s. ' ." GRAVELS, SAND N SILT COMBINATIONS uxeN•• STANDARD PENETRATION . o:� ,°: SANDY GRAVELS, TEST SAMPLER* 0' °'•'c GRAVELLY SANDS 00'• '\. SILTY SANDS, \.�N SANDY SILTS SANDY CLAYS, WATER TABLE AT CLAYEY SANDS TIME OF DRILLING \� SAND, SILT & CLAY • - • •' COMBINATIONS CLAYS N. HOLE CAVED • -▪ \ WEATHERED BEDROCK - _-- SILTSTONE 7----.= CLAYSTONE * 20/12 indicates that 20 blows --— of a 140 lb. hammer falling SANDSTONE 30" was required to penetrate • 12", ' ' LIMESTONE i \,I jl' GRANITE , •.i , 920284 . FOUNDATION ENGINEERING FIG. 7 Date August 30, 1991 Commission No. 1413-01-01-01 BORING LOGS I-ns.+lo 'I ErZ f'3 sat 412-6.5 4913.0 49043 grade lane-46-16" \' N .[' . .., • ♦ Sat 1 ID; .i.F.e 0, 5 • IZ" ern-, . ♦ 1, \. ..!itra, 7 10 ra:. \ .• DL" 6K644:1)1t4: cr-9w2T, _ Lcs-4.iT6Mft - ' Kr --ar ,,A. .., ... , wgitra.,.., , . Lpri ,s • I-PP►,_ 15 MP.taeogitteelD, COX GREE1-1- 20 • • 920284 FOUNDATION ENGINEERING FIG. 8 Date August 30, 1991 Commission No. 1413-00-01-01 BORING. LOGS ytroirliaList #5' 34.gtat grade 490772. QkOtj.7 TfO;" DiL�� 8 : • .ciAill lit AO MoD. • S . N. G1or(Fe, SI.-4o HUP Moral. . , { 5 ?AY " \ /11: tT13RIk - / IN,c ,D.s&E1•V. \ U.+'S CILTYa Sa-or, •: . D, Hottrr, 5o1. 1X BP-44 ! ,o ;el ‘Kleuxs Lb...?fcak'r a" I,..,rgca�atIDS . - —r% u�ag— i's r .k ho, � • .I. • �, _9 gym,. HP,* 4A .4 15 �U ••' l 1 a } A — 20 — la 920284 FOUNDATION ENGINEERING FIG. 9 Date August 30, 1991 Commission No. 1413—01-01-01 BORING- LOGS • Ssr NOt.E-? cat ELaI. 484e 7 4lo11 440b4- grade jl0w 3'-C " - — ;. . \ \ SS442; StL r't 1,-•Ia MOO. ' •• .• :. vas( -$ 't«rr, Masi 4o , 5 litlf2," • • _ - o : • .PI .7 . . . yr.c. 10 \ - . -.k. -ak A \ SI Halt +9 wtr,•}ibfrr-ke ,s Sig sloe-Ka/Gu i 1 • 5i4 1D! PPE-12 IS Mca.1/4.en.Al-br.-R-EO • 20 920284 FOUNDATION ENGINEERING FIG. 10 Date: August 30, 1991 Commission No. 1413-01-01-01 -- '0 C T ac I C 0 b 01 0) CO COT COT 'a G) T N U It .a 01 C C m .-I .4 N C u .4 T Y m 0 14 O O U U 14 O .4 U I-I 3 T T F LN m 01 T T C W m T 01 u u uuu T 'O 'O .1J 4•I b > .-I .i at .i I-I 14 C C 10 .•I • C N • CO CO 3 CO CO U V) C11 3 to CO CO 0 a (7 `4 •' I tV N N N 1 �i. i . I .+ .+ .+ ,4 1 N 1 N I N I \ \ ....• \ I .C.-46 .-. 1 .+ I -+ y 6C I .T 0 n1 . I \ \ I \ I \ I to .T I I .+ I N zZ 9 .4 0 . O a b i:. •.. yA Wm Ma °°» E p4 IT O I4% W o ogy to a . — Z w a wy I E Y OM M 0 m L r u w .4 • Z . >- W Y Y P a ` '.1 a ` Z m 060a a t II M Ol •J •ti w •. 1 0 W W Z y • L_ O a a ill Z Q M S 1-' ` 2 7 0116' 16 0 .4 LL 'EG S au N• _ C (O O .4 ' N 01.+ M u " 9 0 00 0 10 00 01 01 P to .:E ' 47 n n n n N to O .4 ..4 .-i .-I .4 .4 N .4 .4 In O In 0 .•'I O a •Y 1 In O' .-1 In O1 ..I - J In nY .4 o GZ 1 I I I I I I I I I I I y VI .7 CO I CO ON •.1 en I O. O VQY p v -4 n4 n4 • .1 Y e■ r p .4 .-. .•4 .•4N N IN N en en In In - N m - 9 40284 FTC 11 Date: August 30, 1991 Commission No. 1413-01-01-01 - 'C u 0 Y 0 .-I ° 44[�� T CO T y T T •• y t0 tt 'C 0 0 N ao U U Cl U U O y .-I .-I O14.1 x b > -a > N T 'O u Cl 1+ CO 4 -pi 0 CO M ~. U) O CO C., U] to N U] 0 ° w .0 N Cl CS N I CS CS ti_ Z lw .. — — I ., ., 1 • 0 -. I C 0 CO°o to a I to to en am 9ti N t0 .T .7 I .7 N W O ° 11� y w • Ur. W E O 4 Y VI i W a ° 9< w.. r) ° ° in 01 o U Z Ca a IJ 71 g r~ L0 N1 Ca ; � Z .. Y . Wce Y ? .1E •• w.7 K < sa 0 0 Zra ¢IC rz a u ..cp" L 0 i Z•2' Q J z ill z E e EE o n a 2 s •�w S v V 0 H LL 4l ri b en 1E .. a ., u ON N '0 O N ON .D 1••1 (• Qw u '0 en T N en d a0 co 1E .4 ° ..- m4 .r .-1 .r s a^ 0 0 O in a u o an .4 N to In t0 —. .-1 .."40 AO. I I I I I I I 1 d T ON d .7 to 01 .7 .• — .y ° s Y ti g $ s v v a, •C) C. f; IA 92028 4 r4, 1O Date: August 30, 1991 Commission No. 1413-01-01-01 v .yo o i. Cd i2 e � tt -4W T to u W .-4 I 1. L 4.4 7 .-I .-I .4 CO rl I •.1 H N V1 VJ U' 0 3 • N NI I —. ti N N iw� I •-• •.r III M d I N en •-• %O as Y • M N W O a • e.,:. W a Ca : aa E a u s i in O gy- M Z m T a 14 F • u S 0 `a _~mL. F a zVI >. Y Y • a . w yY lliE QA m = K < 4..1 a 2 o C Q Ymo cacao • 1 id d• V M • •M SCI 6 Oa 5 y N _ C 00 a e 4 E 9� !n M a v 1 Z v • 0re — Y v V 0 .f .• O a0 LL • x N n ar T°3 O O 1 _ A C . N . t ! N N .••I CO O N W •2 . Y C I. ON CO en IN O% mfN .-4 .• rg v AM .7 In CO ON a ...1 OD Oa la Y I I I I I I I M .v en en I-- CO en en IN G a s • ^ I. N CO CO CO O\ OA 9Z°28 A 0 al FIG 13 PERCOLATION TEST RESULTS Valley View Ranch Hole * Perc Rate Hole p Perc Rate IA 48 6A 30 1B 48 6B 20. Average 48 Average 25 2A 40 7A 30 28 24 7B 15 Average 32 Average 23 3A 30 8A 60 3B 24 8B 30 Average 27 Average 45 4A 30 9A 9 4B 24 9B 12 Average 27 Average 11 5A 40 5B 40 Average 40 FIG 14 92;028 APPENDIX A Suggested Specifications for Placement of Compacted Earth Fills and/or Backfills. GENERAL A soils engineer shall be the owner's representative to supervise and control all compacted fill and/or compacted backfill on the project. The soils engineer shall f approve all earth materials prior to their use, the methods of placing, and the degree of compaction obtained. A certificate of approval from the soils engineer will be required prior to the owner's final acceptance of the filling operations. MATERIALS The soils used for compacted fill beneath interior floor slabs and backfill around foundation walls shall be impervious and non-swelling for the depth shown on the drawings. No material shall be placed in the fill having a maximum dimension of six (6) inches or greater. All materials used in either compacted fill or compact- ed backfill shall be subject to the approval of the soils engineer. P R E P A. R A T I O N OF SUBGRADE All topsoil and vegetation shall be removed to a depth satisfactory to the soils engineer before beginning preparation of the subgrade. The subgrade surface of the area to be filled shall be scarified to a minimum depth of six (6) inches, moistened as necessary, and compacted in a manner specified below for the subse- quent layers of fill. Fill shall not be placed on frozen or muddy ground. 1 9 ,428 '4 PLACING FILL No sod, brush, frozen material or other deleterious or unsuitable material shall be placed in the fill. Distribution of material in the fill shall be such as to preclude the formation of lenses of material differing from the surrounding material. The materials shall be delivered to and spread on the fill surface in such a manner as will result in a uniformly compacted fill. Prior to compacting, each layer shall have a maximum thickness of eight (8) inches; and its upper surface shall be approximately horizontal. MOISTURE CONTROL The fill material in each layer, while being compacted, shall as nearly as practical contain the amount of moisture required for optimum compaction; and the moisture shall be uniform throughout the fill. The contractor may be required to add necessary moisture to the backfill material in the excavation if, in the opinion of the soils engineer, it is not possible to obtain uniform moisture contact by adding water on the fill surface. If, in the opinion of the soils engineer, the material proposed for use in the compacted is too wet to permit adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. -- COMPACTION When an acceptable, uniform moisture content is obtained, each layer shall be compacted by a method acceptable to the soils engineer and as specifed in the foregoing report as determined by the Standard Proctor Test (ASTM D698) . Compaction shall be perfox.%d by rolling with approved tamping rollers, pneumatic-tired rollers, three-wheel power rollers, or other approved equipment well suited to the soil being compacted. If a sheepsfoot roller is used, rr7� 2 g 02S4 it shall be provided with cleaner bars so attached as to prevent the accumulation of material between the tamper feet. The roller should be so designed that the effective weight can be increased. M O I S T U R E - DENS I T Y DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the soils engineer for determination of maximum density and optimum moisture for these materials. Tests for this determination will be made using methods conforming to requirements of ASTM D698. Copies of the results of these ests will be furnished to the contractor. These test results shall be the basis of control for compaction effort. DENSITY TESTS The density and moisture content of each layer of compacted fill will be determin- ed by the soils engineer in accordance with ASTM D1556 or D2167. Any material found to not comply with the minimum specified density shall be recanpacted until the required density is obtained. The results of all density tests will be furnished to both the owner and the contractor by the soils engineer. 920284 3 SECTION I Names of Property Owners Within 500 Feet 920284 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Legal Description: Lots A and B of Amended Recorded Exemption No. 0807-5-1-RE 465, recorded March 4, 1988 in Book 1187 as Reception No. 0t132904, being a part of the NE1/4 of Section 5, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) 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 Wald 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 _ZS2Lh day December , 1991 . WITNESS my hand and official seal. An91o( Notary blic My Commission Expires: March 8, 1995 AFFIDAVIT OF IN'TEAEsT OWNERS SURFACE ESTATE Application No. Lot B of Amended Recorded Exemption No. 0807-5-1-RE465, recorded Subject Property March 4, 1998 in Book 1187 as Reception No. 02132904, being a part o: the NEi of Section 5, Township 6 North, Range 67 :lest of the 6th P.M. County of Weld, State of Colorado. STATE OF COLORADO ) ) as. 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 cocpany 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. .a diinte, ,',' , � ' ti,�r,sr toRntov,.I Transamerica Title Insurance Company % : s. : . 4 a . zr : dr... 2 < : .� �t if `. . ':O41Ltoregoing instrument was subscribed and sworn tc before me this S... s••, ay July , 1991 by Margaret A. Stephenson, Assistant " .ebiinty Manager of Transamerica Title Insurance Company • ~ 77 \ S ;ov ,,,,,, hand and official seal . !d�[s}i'G on expires: / - $� A .• i: :e.��. �c.(. tt• 41A — AFC>®2�3�4 *anaemilpie t 1. ia94 No:ary Public Hy Commission Expires ; pplication No. NAMES OF OWNERS OF PROPEPTY WITHIN 500 FEET Please print or type 9L+E ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION Q Affective as of July 18, 1991 at 7:00 A.M. _`m E. Leaner 6 Annette A. Leazer 2801 Dunbar Ave., 080705000041 Fort Collins, CO 80526 ' ) iqo Farms, Inc. 1200 Carousel, Suite 100 070532000038 Windsor, CO 80550 Joy A. Jefferson 35 Martin Lane 070532000037 Englewood, CO 80110 Deter C. Hyland & Nancy D. Hyland 2515 Falcon Road 080705000055 Fort Collins, CO 80526 ?'leda and Sons, Inc. 35065 Weld County Road 19 080704000001 Windsor, CO 80550 M Company 3201 Shore Road 070533000004 Fort Collins, CO 80524 ansamcrica Title insurance Coetpary SECTION J Affidavit of Mineral Ownership +!70284 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: Lots A and B of Amended Recorded Exemption No. 0807-5-1-RE 465, recorded March 4, 1988, in Book 118/ as Reception No. UG132904, being a part of the NE1/4 of Section 5, Township 6 North, Range67 West of the 6th P.M. , County of Weld, State of Colorado. STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) 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 consideration 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 26th day of December , 1991 . WITNESS my hand and official seal. Note Public My Commission Expires: March 8, 1995 920284 AFFIDAVIT OF 2VTFREST Oc.•NEPa Application No. +a- S �.22. $..aZaeA1 p Lot B of Amended Recorded Exemption No. 0807-5-1- Subject Property March 4, 1988 Sr. Book 1187 as Rere elan No. 021322904, bein489, coa pa the --- o: Section S, Townshi ( �� tart of Count of Weld, State of Colorado Nor_h, Rarge b7 Wast of the 6th P.M. --- STATE OF COLORADO ) COUNTY OF WELD ) a THE UNDERSIGNED, being first duty sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addrssaas of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clark and Recorder's Office or from an ownership update from a title or __hnnRh$,F,ract company or an attorney, • INSUP•,4 ••• d.•wq. �,%•.. • Rfr Transamerica Title Sr. ranee Company 7p Fo•: o; VAS • ; I, lw7 Ze L ,44y a. .. . . '• i•az;. W (!'.foregoing instrument was subscribed and sworn to before me this 31St day of , 19.0,, WITNESS my hand and official seal. My Commission Expires: y My Cotalabn Spies,..w. Notary Public ...bac . . .. .. . . .OTA R?. .. -0091.\C L......... Application No. MINERAL OWNERS AND ADDRESSES1 - Lucille P. Stockover 39 Ward Drive - Suite 201 Greeley, Colorado 80634 1/2 Luana M. Simmons 2930 Silverwood Drive Port Collins, Colorado 80525 1/4 COLORADO LAND SERVICES fa Colorado general partnership) 5411 Gunbarrel Circle Longmont, Colorado 80503 1/4 MINERAL LESSEES : NONE. ffective date : July 18 , 1991 at 7 : 00 A.M. JDS Transamerica Title Insurance Company D iQLo atQ -4244gAng^ 92%0284 SECTION K Landscape Plan 920284 Hello