HomeMy WebLinkAbout970217.tiffMAJOR SUBDIVISION FINAL PLAN
-for-
Buffalo Ridge Estates
Approximately 3/4 miles south of Weld County Road 12 and
approximately 3/4 miles west of Weld County Road 37
PREPARED BY:
Martin Brothers Partnership
147 S. Denver Avenue
Ft. Lupton, CO 80621
(303) 857-4800
October 22, 1996
970217
MAJOR SUBDIVISION FINAL PLAT APPLICATION REQUIREMENTS
1. Completed application form attached.
2. Title Commitment - Security Title
3. Buffalo Ridge Estates will consist of fifty-two lots approximately three acres in size.
Single family stick -built or modular homes and associated out buildings will be allowed.
4. The concerns identified in the Major Subdivision Preliminary plan have been addressed
and resolved.
5. There will be fifty-two lots.
6. The streets will be paved two lane streets. The lane width will be 24' wide. The
right-of-way will be 60'. Borrow ditches will be 2' deep with 3 to 1 width. Road surface
will be 4" gravel, 2" pavement.
7. No on street parking will be allowed.
8. The ownership, functions, determination, and maintenance at the open space will be by the
Homeowners Association.
9. No public dedications are involved.
10. See attached WRC Engineering, Inc. water supply resource report.
11. See attached WRC Engineering Inc. water supply report attached.
12. Not applicable.
13. The sewer system will be individual septic systems constructed to State and County
standards by the homeowners.
14. Not applicable - no public sewage treatment.
15. Adequate ground cover must be maintained by the homeowners.
16. See attached Declaration of Covenants Conditions and Restrictions for Buffalo Ridge
Estates.
17. Not applicable - no new street intersects a state highway.
9'7021
18. See attached agreement.
19. See attached final drainage report.
Erosion control plan was not required.
21. See attached agreement (FRICO).
22. See attached.
23. See attached.
24. See attached subdivision road plans.
25. Tax certificate attached.
(Title commitment)
26. See attached.
27. Not applicable.
28. Certified list of property owners within five hundred feet of proposed subdivision. See
attached.
29. There are no existing mineral leases.
30. Certified list of mineral owners within five hundred feet of the proposed subdivision. See
attached.
31. The proposed subdivision is located within the Weld County Urban Growth Boundary.
32. The proposed subdivision is in compliance with the Weld County Comprehensive Plan.
33. The comments of the referral agencies have been addressed.
34. The water supply is sufficient in terms of quantity, dependability, and quality, including
fire projections, is sufficient.
35. No public sewage system is proposed.
36. The streets within the subdivision are adequate in classification, width, and structural
capacity to meet the traffic requirement need set forth in Section 10 of the Subdivision
Ordinance as amended.
970217
37. The off -site or highway facilities providing access to the proposed subdivision are
adequate in functional classification width and structural capacity to meet the traffic
requirement.
38. The facilities providing drainage and storm water management are adequate.
39. The proposed subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection, hospital, solid waste
disposal and other services.
40. The subdivision will not cause air pollution violations based upon Colorado Department
of Public Heath standards.
41. The subdivision conforms to subdivision design standards of Section 10 of the Weld
County Subdivision Ordinance, as amended.
42. The subdivision will not have an adverse effect on Wildlife and its habitat, the preservation
of prime agricultural land, and historical sites.
10/15/96 07:36 LAX 00z
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext 3540 =ax (970)352-6312
MAJOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVFI OPh FN'1 PI AN
For Planning Department Use Only Application Fee _
Case Number Re:;eipt Number
Zoning District_ Application Checked By
Date Pla inerAssigned In Case _
TO BF COMPLETED RY APPLICANT (Print or type only except for required signatures)
I (we), the undersigned hereby request the Department of Pla:ming Services to review a minor subdivision
sketch plan on the following described unincorporated area of Weld County
LEGAL DESCRIPTION:
See Attached
(If additional space is required, attach an additional sheet)
PARCEL NUMBER: 14711200.0057 _ ____ (12 digit number found on Fax I D Information or
obtained in the Assessor's Office.
NAMEOFPROPOSLDMAJORSUBDIVISION Buffalo Ridge Estates
EXISTINGZONING E —Estate PROPOSEDZONING Same
TOTALAREA(ACRFS)_ 195 + or - NUMBEROEPROPOSED IOTS 52
LOTSIZEAVERAGE 3 acres MINIMUM 2.8 acres
OVERLAYDISTRICTS none
UTILITIES: Water Name Public — Community
Sewer. Name_ None — Individual Septic
Gas Name None — Individual Propane
Electric: Name United Power
Phone Name U.S. West
DISTRICTS. School. Name Ft. Lupton
Fire: Name Ft. Lupton
PROPERTY OWNERS OF MAJOR SUBDIVISION FINAL PLAT AREA
Name John T. Martin Phone 303-857-4800
Address 147 Denver Avenue, Ft. Lupton, CO 80621
Name James I Martin Phone 417-426-5373
Address RR 2 P.O. Box 30 Eldrige, MO 65463
APPLICANT OR AUTHORIZED AGENT (if different than above)
Name n)712,C0--L2!"(,Phone0c i r. y r/
Address,1X �Stet‘
Revised.- 10-15-90
35
mature_ Owner or Authorized Agent
970217
LEGAL DESCRIPTION
The South One -Half of the Northwest One -Quarter and the Southwest One -Quarter of Section
12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, Except: The
Southwest One Quarter of said Section 12, and Except Martin Brothers Planned Unit
Development Amended,
County of Weld,
State of, Colorado
970217
October 2.2, 199L
'a4 e7''vte' g6/61c/
1 121 DENVER AVE. EMERGENCY 911
FT. LUPTON, CO 80621 OFFICE 303-857-4603
.Department of Planning .ervices
:Jell C )unty Planning Jervices
1400 .ti. 17Tii Avenue
Greeley, Colorado 80b31
i.artin Jrcthers 2artnersaip
Case L-4`)4
To ,anum it may concern:
i have reviewed the Declaration of Civenanta, Conditions and
rtestricti7ns, for the ±3ffa.lo Midge Lstates and find tnat
secti.)n 3.1.22 iire Protection, does meet the Fort .Lupton i+'ire
.Jepartment's standards.
jinc2el;r,
i,Grry £tichardson
.Fire P..ars,zal
�uii ;6,.eet "1262a/e n' „ 97c2,17
or resignation shall be as set forth in the Bylaws; provided, however, that the Bylaws shall contain
the following provisions:
4.3.1 Subject to Section 4.3.2 of this Section, during the Period of Declarant Control,
the Declarant may appoint and remove the officers and members of the executive board.
4.3.2 Not later than 60 days after conveyance of 25% of the Lots that may be created
to Owners other than Declarant, at least one (1) member and not less than 25% of the members of
the Board must be elected by Owners other than the Declarant. Not later than 60 days after
conveyance of 50% of the Lots that may be created to Owners other than Declarant, not less than
33.3% of the members of the Board must be elected by Owners other than Declarant.
4.3.3 Except as otherwise provided in C.R.S. 38-33.3-220(5), not later than the
termination of the Period of Declarant Control, the Owners shall elect a Board of at least three (3)
members, at least a majority of whom must be Owners other than the Declarant or designated
representatives of Owners other than the Declarant. The Board shall elect the officers. The Board
members and officers shall take office upon termination of the Period of Declarant Control.
4.3.4 Notwithstanding any provision of the Declaration or Bylaws to the contrary, the
Owners, by a 2/3rds vote of all persons present and entitled to vote at any meeting of the Owners at
which a quorum is present, may remove any member of the Board with or without cause, other than
a member appointed by the Declarant.
4.3.5 Within 60 days after the Owners other than the Declarant elect a majority of the
members of the Board, the Declarant shall deliver to the Association all property of the Owners and
of the Association held by or controlled by the Declarant including, without limitation, the following
items:
4.3.5.1 The original or a certified copy of the recorded Declaration as amended, the
Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any
Rules and regulations which may have been promulgated;
4.3.5.2 An accounting for Association funds and financial statements, from the date
the Association received funds and ending on the date the Period of Declarant Control ends. The
financial statements shall be audited by an independent certified public accountant and shall be
accompanied by the accountant's letter, expressing either the opinion that the financial statements
present fairly the financial position of the Association in conformity with generally accepted
accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the
presentation of the financial information in conformity with generally accepted accounting principles
and the reasons therefor. The expense of the audit shall not be paid for, or charged to, the
Association.
4.3.5.3 The Association funds or control thereof;
M1056\001DecCCR.BRE
16
October 16, 1996
970217
4.3.5.4 All of the Declarant's tangible personal property that has been represented by
the Declarant to be the property of the Association or all of the Declarant's tangible personal property
that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common
Areas, and inventories of these properties;
4.3.5.5 A copy of any Plans and Specifications used in the construction of the
improvements in the Property which were completed within two (2) years before the Declaration was
recorded.
4.3.5.6 All insurance policies then in force, in which the Owners, the Association, or
its directors and officers are named as insured persons.
4.3.5.7 Copies of any certificates of occupancy that may have been issued with
respect to any improvements located on a portion of the Common Area;
4.3.5.8 Any other permits issued by governmental bodies applicable to Association
Property and which are currently in force or which were issued within one (1) year prior to the date
on which Owners other than the Declarant took control of the Association;
4.3.5.9 Written warranties of the contractor, subcontractors, suppliers, and
manufacturers that are still effective and which relate to Association Property;
4.3.5.10 A roster of Owners and Mortgagees and their addresses and telephone
numbers, if known, as shown on the Declarant's records;
4.3.5.11 Employment contracts in which the Association is a contracting party; and,
4.3.5.12 Any service contract in which the Association is a contracting party or in
which the Association or the Owners have any obligation to pay a fee to the persons performing the
services.
4.4 Officers. The Board will select the officers of the Association, which officers may also
serve as members of the Board.
4.5 Articles and Bylaws. The purposes and powers of the Association and the rights and
obligations with respect to Memberships may and shall be amplified by provisions of the Articles
and Bylaws of the Association. Such Articles and Bylaws may include any reasonable provisions
with respect to corporate matters including provisions with respect to notices, record dates and
quorums for meetings of directors and Members, but no such provisions may be inconsistent with
any provision of this Declaration.
4.6 Assessments. Fines and Compliance Expenditures. Each Owner of a Lot shall be
obligated to pay and shall pay to the Association, at least annually or when otherwise due and
M 1056\001 DecCCR.BRE
17
October 16, 1996
970217
payable, (I) Assessments (including those associated with the Well System); (ii) reasonable and
uniformly applied fines imposed by the Association for violation of the Restrictions and Rules
adopted by the Association; and (iii) any "Compliance Expenditures" (as defined below). Each
Assessment shall be a separate, distinct and personal debt and obligation of the Owner against whose
Lot the same is assessed. All Assessments shall be payable in full without offset for any reason
whatsoever. The obligation of each Owner to pay Assessments shall be entirely independent of any
obligation of the Association to such Owner or of Declarant or any other Owner to such Owner. No
Owner may be exempt from liability for payment of any Assessment by waiver of the use or
enjoyment of any of the Common Areas or by abandonment of the Lot against which the
Assessments are made. Any Assessment that is not paid within 15 days after the same becomes due
shall be deemed delinquent. If an Assessment is delinquent, the Association may recover all of the
following (collectively, the "Compliance Expenditures"):
4.6.1 Reasonable costs incurred in collecting the delinquent Assessments including,
without limitation, reasonable attorneys' fees and court costs;
4.6.2 A late charge in an amount determined from time to time by the Board, but not
more than 10% of the delinquent Assessment or $100.00, whichever is greater; and
4.6.3 Interest on (I) the delinquent Assessment, (ii) the cost of collection described
in Section 4.6.1, and (iii) the late charge described in Section 4.6.2, at an annual percentage rate
equal to 8% per annum over the prime interest rate charged from time to time by the Norwest Bank
of Denver, N.A., adjusted on each day on which there occurs a change in such prime interest rate
(provided that the interest rate shall never exceed the maximum allowed by law), commencing 15
days after the Assessment became due.
4.7 Determination of Budgets. The total amount required to be raised by Assessments shall
be determined by the Board of Directors of the Association at least once a year and shall be based
upon an annual budget to be approved by the Board of Directors and adopted by the Association
annually showing, in reasonable detail, the various matters proposed to be covered by the budget,
the estimated costs and expenses of the Association, an amount deemed necessary or desirable as
a contingency reserve and the total amount required to be raised by Assessments to cover such
estimated costs and expenses and contingency reserve. The budget shall cover all costs and expenses
expected to be incurred by the Association in performing its functions, or in providing services
required or permitted under this Declaration. The budget may be revised as necessary from time to
time. Assessments may be raised or lowered by the Board of Directors as required to meet such
revised budget. Without limiting the generality of the foregoing, it is expressly understood that the
budget (and, accordingly, the Assessments) shall be subject to modification due to the annexation
of property to the Property in accordance with the Declaration. Within 30 days after adoption of any
proposed budget for the Association, the Board shall mail, by ordinary first-class mail, or otherwise
deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners
to consider ratification of the budget not less than 14 nor more than 60 days after mailing or other
delivery of the summary.
MI056\001DecCCR.BRE
18
October 16, 1996
970217
Unless at that meeting a majority (i.e., more than 50%) of all Owners reject the budget, the
budget is ratified, whether or not a quorum is present. In the event that the proposed budget is
rejected, the periodic budget last ratified by the Owners must be continued until such time as the
Owners ratify a subsequent budget proposed by the Board. Notwithstanding the foregoing, user fees
associated with the Well System may be assessed by the Association based on water usage or other
reasonable standard on the periodic basis established by the Board irrespective of rejection of a
proposed budget.
4.8 Amount of Regular Assessments. A Regular Assessment is defined for purposes of this
Section as that sum which must be levied in the manner and against each individual Lot in order to
raise the total amount for which the levy in question is being made. Subject to the provisions of this
Section 4.8, each individual Regular Assessment shall be equal to each other individual Regular
Assessment and, accordingly, each Lot shall be assessed its General Common Allocation (as such
allocation is determined by the Board from time to time in accordance with the formulae described
in Section 1.1.17). Notwithstanding anything to the contrary contained in the foregoing, it is
expressly recognized and understood that owners of undeveloped Lots (i.e., those Lots upon which
a single family residence has not been constructed and for which a so-called "Certificate of
Occupancy" has not been issued) utilize and benefit from the Common Areas to a lesser extent than
Owners of developed Lots (i.e.. those Lots upon which a single-family residence has been
constructed and for which a Certificate of Occupancy has been issued). In recognition of this
fundamental difference and notwithstanding anything to the contrary contained in this Section 4.8,
the assessment due and payable from any Owner of an undeveloped Lot shall be 75% of the Regular
Assessment otherwise applicable to such Lot until such time as a Certificate of Occupancy is issued
in connection with an Improvement constructed upon such Lot. The Association shall levy a
Regular Assessment against each Lot effective upon recordation in the Records of the subdivision
plat initially creating the applicable Lot. Until the Association levies a Regular Assessment, the
Declarant shall pay all expenses of the Association. After any Assessment has been made by the
Association, Assessments shall be made no less frequently than annually and shall be based on a
budget adopted no less frequently than annually by the Association. In no event, however, shall
Declarant have any obligation whatsoever to subsidize or otherwise contribute to a maintenance fund
or other contingency reserve to be used to cover future costs and expenses. Where the obligation to
pay an Assessment first arises after the commencement of the year or other period for which the
Assessment was levied, the Assessment shall be prorated, as of the date when said obligation first
arose, in proportion to the amount of the assessment year or other period remaining after said date.
4.9 Well System and Road Maintenance. In addition to all other assessments (regular and
special), the Association shall levy periodic assessments for the use, operation, maintenance, repair,
and replacement of the water system and the road system. The Association shall have the authority
to make such assessments as it deems necessary on the periodic basis selected in its discretion (i.e.
monthly, quarterly, weekly, etc.). In the Association's discretion, assessments (user fees) may be
levied based upon water usage or such other standard as the Association may select to ensure and
safeguard the water system and its beneficial enjoyment by the Association members.
M1056 \ 001DecCCR.BRE
19
October 16, 1996
970217
4.10 Special Assessments. The Association may levy, from time to time, one (1) or more
Special Assessments for the purpose of defraying in whole or in part the cost of any construction,
restoration, unexpected repair or replacement of a capital improvement or for carrying out the other
responsibilities of the Association in accordance with this Declaration. Each Special Assessment
shall be allocated among the Owners of Lots in accordance with the provisions of this Declaration.
Each Owner shall pay all Special Assessments assessed against such Owner's Lot. The due date for
any Special Assessment shall be fixed by the Board.
4.11 Other Matters Relating to Assessments. Subject to the foregoing provisions, the Board
of Directors shall have the power and authority to determine all matters in connection with
Assessments including the power and authority to determine where, when and how Assessments
shall be paid to the Association and each Owner shall be required to comply with all such
determinations.
4.12 Lien for Assessments, Fines and Compliance Expenditures. The Association shall have
a lien against each Lot to secure payment of any Assessment (including those associated with the
Well System), fine, Compliance Expenditure or other amount due and owing to the Association with
respect to the Owner of that Lot. The lien may be foreclosed in the manner for foreclosure of
mortgages in the State of Colorado. The Association shall have the right, but not the obligation, to
prepare and record in the Records a "Notice of Lien" which shall set forth (I) the amount of any
Assessment, fine, Compliance Expenditure or other amount due and owing to the Association; (ii)
the date such amount was due and payable and from which interest accrues; (iii) all costs and
expenses including reasonable attorney fees incurred in collecting the unpaid amount to the date of
recording of such Notice of Lien; (iv) the Lot affected by the lien; and (v) the name or names, last
known to the Association, of the Owner or Owners of the Lot. Notwithstanding anything to the
contrary contained herein, the following property shall be exempt from the lien for Assessments
created herein: all properties dedicated to, and accepted by, a local public authority and the Common
Area.
4.13 Duties and Powers of the Association. Subject to and in accordance with this
Declaration, the Association shall have all of the rights and powers conferred upon it by law, the Act,
this Declaration, the Articles and the Bylaws. Without limiting the generality of the foregoing, the
Association shall have the following powers and shall perform each of the following duties for the
benefit of the Members of the Association:
4.13.1 Assessments. To determine, levy and collect Assessments.
4.13.2 Association Property. Subject to the provisions of C.R.S. § 38-33.3-312, to
accept, own, convey, lease, encumber, operate and maintain all Association Property (real and
personal) which may be conveyed to it by Declarant (or otherwise acquired by the Association),
together with all Improvements of whatever kind and for whatever purpose which may be located
in said areas.
M1056 \ 001DecCCR.BRE
20
October 16, 1996
970217
4.13.3 Title to Property Upon Dissolution. In the event of dissolution of the
Association, the Common Area shall, to the extent permitted by law and where reasonably possible,
be conveyed or transferred to an appropriate governmental or quasi -governmental agency or
agencies, or to a nonprofit corporation, association, trust or other organization, to be used for the
common benefit of the Owners for similar purposes for which the Common Area was held by the
Association. To the extent the foregoing is not possible, the Common Area shall be sold or disposed
of and the proceeds from the sale or disposition shall be distributed first for the payment of debts and
obligations incurred by the Association and then to the Owners in an equitable manner determined
by the Board (which determination will be conclusive) based upon each Owner's pro rata portion of
the Property.
4.13.4 Repair and Maintenance of Association Property. To maintain in good repair
and condition all lands, Improvements, and other Association Property owned, controlled or
maintained by the Association.
4.13.5 Maintenance. To maintain the entrance, postal, parking and other Common
Areas and Improvements thereon which shall be installed, or otherwise accepted for maintenance
by Declarant and, in addition, to maintain certain designated landscaped areas located along and
within certain designated primary public rights -of -way and drainage and other easements located on
or benefitting the Property.
4.13.6 Maintenance of Fencing. To repair, maintain and replace as necessary any
fence or pillars which shall be installed, constructed or otherwise accepted for maintenance by the
Declarant on or within the Property which shall include the permanent monument and identification
signage (the Association has the right of access to and utilization of utility easements for
maintenance of these items).
4.13.7 Payment of Taxes. To pay all real and personal property taxes and other taxes
and assessments levied upon or with respect to any property owned by the Association, to the extent
that such taxes and assessments are not levied directly upon the Members. The Association shall
have all rights granted by law to contest the legality and the amount of such taxes and assessments.
4.13.8 Insurance. To obtain and maintain in effect policies of insurance adequate, in
the opinion of the Board, in kind and amount, to comply with C.R.S. § 38-33.3-313.
4.13.9 Rules. To make, establish and promulgate, and in its discretion to amend or
repeal and reenact, such rules, not in contradiction of this Declaration, as it deems proper covering
any and all aspects of its functions, including the use and occupancy of Association Property
("Rules"). Without limiting the generality of the foregoing, such Rules may set dues and fees and
establish the regulations governing the operation of Association Property and/or Common Areas.
Each Member shall be entitled to examine such Rules at any time during normal working hours at
the principal office of the Association.
M 1056A00I DecCCR.BRE
21
October 16, 1996
970217
4.13.10 Architectural Review Committee. To appoint and remove members of the
Architectural Review Committee as provided in Section 5.2 hereof, and to insure that at all
reasonable times there is available a duly constituted and appointed Architectural Review
Committee.
4.13.11 Enforcement. To enforce, on its own behalf and on behalf of all Owners, all
of the covenants, conditions and restrictions set forth in this Declaration, under an irrevocable power
of attorney (hereby granted) coupled with an interest as beneficiary of said covenants, conditions and
restrictions, and as assignee of Declarant, and to perform all other acts, whether or not anywhere
expressly authorized, as may be reasonably necessary to enforce any of the provisions of these
Restrictions or the Buffalo Ridge Estates Design Guidelines.
4.13.12 Management Company. To retain the services of a professional management
company to manage some or all of the affairs of the Association provided that (I) such company shall
be licensed to do business in the State of Colorado, to the extent required by law; (ii) the term of any
contract for such services shall not exceed one (1) year and shall be terminable on 30 days written
notice, with or without cause, and without the payment of a termination fee; and (iii) each and every
management contract made between the Association and a manager or managing agent during the
Period of Declarant Control shall terminate absolutely and, in any event, no later than 30 days after
the expiration of the Period of Declarant Control.
4.13.13 Borrowing. Subject to the provisions of C.R.S. § 38-33.3-312, to borrow
money and to incur indebtedness for the purposes of the Association, and to cause to be executed
and delivered therefor, in the Association's name, promissory notes, bonds, debentures, mortgages,
pledges, hypothecations or other evidences of debt and securities therefor encumbering the Common
Area, or portions thereof and/or other Association Property.
4.13.14 Easements. To grant easements, leases, licenses and concessions over the
Common Area to serve the Property.
4.13.15 Assignment. To assign its right to future income, including the right to
receive assessments.
4.13.16 Well System Rules and Regulations. To promulgate Rules and Regulations
for the use, operation, maintenance, and regulation of the Well System including, but not limited to,
establishing user fees, permitting criteria, engineering standards, connection and disconnection
guidelines. For the purposes hereof, the Association may retain such experts and professionals as in
its discretion it deems necessary.
4.13.17 Other. To carry out all duties of the Association set forth in the Restrictions.
4.14 Non -Liability of Officials. To the fullest extent permitted by law, neither Declarant, the
Board of Directors, the Architectural Review Committee, or any other committees of the
M1056\001DecCCR.BRE
22
October 16, 1996
970217
Association or any member thereof, nor any officers, directors, partners, or employees of the
Declarant or of the Association, shall be liable to any Owner, Developer, or to the Association or
any other Person for any damage, loss or prejudice suffered or claimed on account of any decision,
approval or disapproval of Plans or Specifications (whether or not defective), course of action, act,
inaction, omission, error, negligence, or the like made in good faith and which Declarant, the Board,
or such committees or officers reasonably believed to be within the scope of their respective duties.
4.15 Indemnification. To the fullest extent permitted by law, Declarant, and every director,
officer, committee member, partner and shareholder of the Association, the Architectural Review
Committee, and of the Declarant (to the extent a claim may be brought by reason of Declarant's
appointment, removal, or control over members of the Board or its control over the Association or
any committee thereof) shall be and is hereby indemnified by the Association. Every other person
serving as an employee or direct agent of the Association, or otherwise acting on behalf of, or at the
request of, the Association may, in the discretion of the Board, be indemnified by the Association.
Any such indemnification shall be limited to all expenses and liabilities (including, without
limitation, all attorneys' fees and court costs) reasonably incurred by or imposed upon such person
in connection with any proceeding to which he may be a party or in which he may become involved,
by reason of his being or having served in such capacity on behalf of the Association (or in the case
of such Declarant by reason of having appointed, removed, controlled or failed to control members
of the Board, or controlled, or failed to control the Association), or incurred in any settlement
thereof, whether or not he is a director, officer or member of a committee or serving in such other
specified capacity at the time such expenses are incurred.
4.16 Non -Liability for Certain Changes and Amendments. Neither the Declarant, the
Association, nor their successors or assigns shall be liable to, or subject to injunction by, any
Member or Owner or to one another in the event that any change in zoning of the Property is sought
or obtained, or in the event that any subdivision map amendment or change in density shall be sought
and obtained including, but not limited to, any change in the Development Plan or in area or density
among the various Lots shown on the subdivision maps of the Property.
4.17 Audit. The Association shall provide a financial statement (which may or may not be
audited) for the immediately preceding fiscal year, free of charge to the party so requesting, to any
First Mortgagee of a Lot, or any insurer or guarantor of such a First Mortgage, within a reasonable
time after written request therefor by any such party.
4.18 Association Books and Records. The Association shall make available to Owners, First
Mortgagees, and insurers or guarantors of any such First Mortgage, current copies of this
Declaration, the Articles of Incorporation, Bylaws, Rules and regulations, books, records, and
financial statements of the Association. "Available" shall mean available for inspection, upon
request, during normal weekday business hours or under other reasonable circumstances.
4.19 Termination of Contracts and Leases of Declarant. The following contracts and leases,
if entered into before the Board elected by the Owners pursuant to Section 4.3.3 takes office, may
M1056 k 001DecCCR.BRE
23
October 16, 1996
970217
be terminated without penalty by the Association, at any time after the Board elected by the Owners
pursuant to Section 4.3.3 takes office, upon not less than 90 days' notice to the other party:
4.19.1 Any management contract, employment contract, or lease of recreational or
parking areas or facilities;
4.19.2 Any other contract or lease between the Association and Declarant or an
affiliate of Declarant; or
4.19.3 Any contract or lease that is not bona fide or was unconscionable to the
Owners at the time entered into under the circumstances then prevailing.
This Section does not apply to any lease the termination of which would terminate the planned
community created by this Declaration or reduce its size, unless the real estate subject to that lease
was included in the planned community for the purpose of avoiding the right of the Association to
terminate a lease under this Section or a proprietary lease.
4.20 Surplus Funds. Any surplus funds of the Association remaining after payment of, or
provision for, expenses, costs, obligations and any prepayment of or provision for reserves shall not
be credited to the Owners but shall, instead, be added to any reserve accounts maintained by the
Association.
ARTICLE 5
ARCHITECTURAL REVIEW COMMITTEE
5.1 Members of Committee. The Architectural Review Committee shall consist always of
either three (3) members or five (5) members, which members need not be Members of the
Association. The Board may reduce the number of members of the Committee to three (3) and
increase it to five (5) as often as it wishes. Each member of the Committee shall hold office until
such time as he/she has resigned and his/her successor has been appointed or has been removed, as
provided herein. Members of the Committee may be removed at any time without cause.
5.2 Appointment and Removal. The Board shall have the right to appoint and remove all
members of the Committee, except that during the Period of Declarant Control, Declarant may
appoint and remove all members of the Committee.
5.3 Buffalo Ridge Estates Design Guidelines. The Architectural Review Committee shall
have the power to and shall make, establish and promulgate, and in its discretion amend, repeal and
reenact rules and/or guidelines substantially in accordance with the Buffalo Ridge Estates Design
Guidelines regarding anything relevant to its functions including, but not limited to, minimum
design standards, minimum landscaping standards, procedure for the submission of Plans and
M1056\001DecCCR.BRE
24
October 16, 1996
970217
Specifications for approval and fines or other reasonable penalties for violation of any provision of
this Article 5.
5.4 Review of Proposed Construction. Whenever in this Declaration or in any Declaration
the approval of the Architectural Review Committee is required, it shall have the right to consider
all of the Plans and Specifications for the Improvement or proposal in question and all other facts
which in its sole discretion are relevant. Except as provided in Sections 3.2 and 3.3 above, prior to
commencement of any construction of any Improvement on the Property, the Plans and
Specifications therefor shall be submitted to the Architectural Review Committee, and construction
thereof may not commence unless and until the Committee has approved such Plans and
Specifications in writing. The Committee shall consider and act upon any and all Plans and
Specifications submitted for its approval pursuant to this Declaration, and perform such other duties
assigned to it by this Declaration or as from time to time shall be assigned to it by the Board,
including the inspection of construction in progress to assure its conformance with Plans and
Specifications approved by the Committee. The Committee shall approve Plans and Specifications
submitted for its approval only if it deems that the construction, alterations, or additions
contemplated thereby in the locations indicated will not be detrimental to the respective residential
area and/or the Property as a whole, and that the appearance of any structure affected thereby will
be in aesthetic harmony with the surrounding structures. The Committee may condition its approval
of Plans and Specifications on such changes therein as it deems appropriate, and may require
submission of additional Plans and Specifications or other information prior to approving or
disapproving the material submitted. The Committee may require a reasonable fee to accompany
each application for approval. The Committee may require such detail in Plans and Specifications
submitted for its review and such other information as it deems proper. Until receipt by the
Committee of all required Plans and Specifications and other information, the Committee may
postpone review of anything submitted for approval. Upon certified receipt and acceptance by the
Committee of all required Plans and Specifications and other information, the Committee shall have
30 days in which to approve or disapprove such Plans and Specifications in writing. If the
Committee fails to approve or disapprove properly submitted Plans and Specifications within such
30 -day period, the submitted Plans and Specifications shall be deemed to have been disapproved.
5.5 Meetings of the Committee. The Committee shall meet from time to time as necessary
to perform its duties hereunder. The Committee may from time to time by resolution unanimously
adopted in writing designate one (1) of its members to take any action or perform any duties for and
on behalf of the Committee, except the granting of variances pursuant to Section 5.11. In the absence
of such designation, the vote of the majority of all of the members of the Committee, or the written
consent of a majority of all of the members of the Committee taken without a meeting, shall
constitute an act of the Committee.
5.6 No Waiver of Future Approvals. The approval or consent of the Committee to any Plans
or Specifications for any work done or proposed or in connection with any other matter requiring
the approval or consent of the Committee, shall not be deemed to constitute a waiver of any right
M 1056\001 DecCCRBRE
25
October 16, 1996
970217
to withhold approval or consent as to any Plans or Specifications or other matter whatever
subsequently or additionally submitted for approval or consent by the same or a different Person.
5.7 Compensation of Members. The members of the Committee shall be entitled to
reasonable compensation from the Association for services rendered, together with reimbursement
for expenses incurred by them in performance of their duties hereunder. Such compensation shall
be determined by Declarant while it has the right to approve or disapprove the members of the
Committee pursuant to Section 5.2 above and thereafter by the Board.
5.8 Inspection of Completed Work. Inspection of completed work and correction of defects
therein shall proceed as follows:
5.8.1 Upon the completion of any Improvement for which approved Plans and
Specifications are required under this Declaration, the Owner shall give written notice of completion
to the Committee.
5.8.2 Within such reasonable time as the Committee may designate but not to exceed
15 days thereafter, the Committee or its duly authorized representative may inspect such
Improvement. If the Committee finds that such work was not done in strict compliance with all
approved Plans and Specifications submitted or required to be submitted for its prior approval, it
shall notify the Owner in writing of such noncompliance within such period, specifying in
reasonable detail the particulars of noncompliance, and shall require the Owner to remedy the same.
5.8.3 If upon the expiration of 30 days from the date of such notification, the Owners
have failed to remedy such noncompliance, the Committee shall notify the Board in writing of such
failure. Upon notice, the Board shall determine whether the Owner has failed to comply and, if so,
the nature thereof and the estimated costs of correcting or removing the same. If noncompliance
exists, the Owner shall remedy or remove the same within a period of not more than 45 days from
the date of announcement of the Board ruling. If the Owner does not comply with the Board's ruling
within such period, the Board, at its option, may either remove the noncomplying Improvement or
remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all
expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner
to the Association, the Board shall levy an Assessment against such Owner and the Improvement
in question and the land upon which the same is situated for reimbursement and the same shall
constitute a lien upon such land and Improvement and be enforced as provided in this Declaration.
5.8.4 If for any reason after receipt of such written notice of completion from the
Owner, the Committee fails to notify the Owner of the noncompliance within the period provided
above in Section 5.8.2 the Improvement shall be deemed to be in accordance with the approved
Plans and Specifications.
5.9 Inspection of Work in Progress. The Committee may inspect all work in progress and
give notice of noncompliance as provided in Section 5.8.2. If the Owner denies that such
MI056\001DecCCR.BRE
26
October 16, 1996
970217
noncompliance exists, the procedures set out in Section 5.8.3 shall be followed, except that no
further work shall be done, pending resolution of the dispute, which would hamper correction of the
noncompliance if the Board finds that such noncompliance exists.
5.10 Non -Liability of Committee Members. Neither the Committee nor any member thereof
nor the Board nor any member thereof shall be liable to the Association or to any Owner or to any
other Person for any loss, damage or injury arising out of or in any way connected with the
performance of the Committee's or the Board's respective duties under this Declaration unless due
to the willful misconduct or bad faith of the Committee or its members or the Board or its members,
as the case may be. Except insofar as its duties may be extended with respect to a particular area by
a Declaration filed by Declarant or by Declarant and a Developer, as the case may be, the
Committee shall review and approve or disapprove all Plans and Specifications submitted to it for
any proposed improvement, including the construction, alteration or addition thereof or thereto,
solely on the basis of aesthetic considerations and the overall benefit or detriment which would result
to the surrounding residential area and the Property generally. The Committee shall take into
consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping,
color schemes, exterior finishes and materials and similar features, but shall not be responsible for
reviewing, nor shall its approval of any Plans or Specifications be deemed approval thereof from the
standpoint of structural safety, engineering soundness, or conformance with building, zoning or other
codes.
5.11 Variances. Subject to federal, state and local laws, ordinances, rules and regulations, the
Committee may authorize variances from compliance with any of the architectural provisions of this
Declaration or the Buffalo Ridge Estates Design Guidelines including restrictions upon height, bulk,
size, shape, floor area, land area, placement of structures, setbacks, building envelopes, colors,
materials, or similar restrictions, when circumstances such as topography, natural obstructions,
hardship, or aesthetic or environmental considerations may, in its sole and absolute discretion,
warrant. Such variances must be evidenced in writing and must be signed by at least a majority of
all of the members of the Committee. If such a variance is granted, no violation of the covenants,
conditions or restrictions contained in this Declaration shall be deemed to have occurred with
respect to the matter for which the variance was granted. The granting of this variance shall not
operate to waive any of the terms and provisions of this Declaration for any purpose except as to the
property and particular provision and in the particular instance covered by the variance. It is
expressly understood that any variance of the type described in this Section 5.11 relates only to the
architectural provisions of this Declaration and/or the Buffalo Ridge Estates Design Guidelines, as
applicable, and does not relate to any federal, state and/or local laws, ordinances, rules and/or
regulations concerning any of the matters described above.
5.12 Easement for Encroachments. If any portion of the Improvements located on a Lot or
the Common Area encroaches upon a Lot or the Common Area, as applicable, including any
encroachments arising or resulting from the repair or reconstruction of such an Improvement, a valid
easement on the surface and for subsurface support below such surface and for the maintenance of
same, so long as it stands, shall and does exist for such encroachment. The easement does not relieve
M1056 \ 001DecCCR.BRE
27
October 16, 1996
970217
an Owner of liability in case of willful misconduct nor relieve Declarant or any other person of
liability for failure to adhere to the Plat.
5.13 Maintenance Easement. An easement is hereby granted to the Association, its officers,
agents, employees, and assigns upon, across, over, in, and under the Common Area and a right to
make such use of the Common Area as may be necessary or appropriate to perform the duties and
functions which it is obligated or permitted or perform pursuant to this Declaration.
5.14 Utilities. There is hereby created a blanket easement upon, across, over, and under the
Common Area for utilities and the installation, replacement, repair, and maintenance of utilities
including, but not limited to, water, sewer, gas, telephones, electricity and cable television systems,
if any. By virtue of this blanket easement, it shall be expressly permissible to erect and maintain the
necessary facilities, equipment, appurtenances on the Property and to affix, repair, and maintain
water and sewer pipes, gas, electric, telephone, and television wires, circuits, conduits and meters.
In the event any utility or quasi -utility company furnishing a service covered by the general easement
created herein requests a specific easement by separate recordable document, Declarant reserves and
is hereby given the right and authority to grant such easement upon, across, over, or under any part
or all of the Common Area without restricting or nullifying the terms hereof; provided, however, that
such right and authority shall cease and terminate upon conveyance by Declarant of the last Lot to
the first Owner thereof other than Declarant. The easement provided for in this Section 5.14 shall
in no way affect, avoid, extinguish, or modify any other recorded easement(s) on the Property.
5.15 Rights of Declarant Incident to Construction. An easement is hereby retained by and
granted to Declarant, its successors and assigns, for access, ingress and egress over, in, upon, under,
and across the Common Area including, but not limited to, the right to store materials thereon and
to make such other use thereof as may be reasonably necessary or incidental to Declarant's
construction on the Property.
5.16 Easements Deemed Created. All conveyances of portions of the Property (including
Lots) hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve
the easements contained in this Article 5, even though no specific reference to such easements or to
this Article 5 appears in the instrument of such conveyance.
ARTICLE 6
AMENDMENT
6.1 Amendment. Subject to the provisions of Section 6.2, any amendment to this Declaration
that would terminate the Declaration shall require the affirmative vote or written consent of the
Members to whom at least 75% of the votes in the Association are allocated and, during the Period
of Declarant Control, the written approval of Declarant. Further, any termination of this Declaration
and the planned community created hereby, must be in accordance with C.R.S. § 38-33.3-218.
Except as provided in the foregoing, and subject to Section 6.2, this Declaration may be amended
M1056 \ 00IDecCCR.BRE
28
October 16, 1996
970217
by the affirmative vote or written consent of the Members to whom at least 67% of the votes in the
Association are allocated and, during the Period of Declarant Control, with the written approval of
Declarant.
6.1.1 An amendment to this Declaration shall be effective only upon the occurrence
of all of the following events:
6.1.1.1 The amendment shall have been reduced to a writing, which writing
shall have been approved (by an affirmative vote or written consent) by the applicable required
percentage of Members and, if applicable, Declarant and the First Mortgagees;
6.1.1.2 A written certificate, executed and acknowledged by the president or
any vice president of the Association, shall be attached to the written amendment which shall state
that such amendment was approved by the applicable required percentage of Members, Declarant
and by all First Mortgagees, if any, who are required to approve such amendment pursuant to Section
6.2; and
6.1.1.3 The approved written amendment described in Section 6.1.1.1, and
including the certificate described in Section 6.1.1.2 shall be Recorded in the Records.
6.1.2 It will be a presumption subsequent to the Recording of an Amendment to this
Declaration pursuant to Section 6.1.1.2 that all votes and consents required to pass the same pursuant
to this Declaration were duly obtained (at a duly -called meeting of the Association, in the case of
votes). Such presumption maybe rebutted by an action commenced within one (1) year from the date
the amendment is Recorded; in the absence of any such action, such presumption shall thereafter
become conclusive.
6.1.3 Except to the extent expressly permitted or required by the Act, no amendment
made to this Declaration may create or increase Special Declarant Rights, increase the number of
Lots, or change the boundaries of any Lot or the allocated interests of a Lot, or the uses to which any
Lot is restricted, in the absence of unanimous consent of the Owners.
6.2 First Mortgagee Approval. Except to the extent otherwise provided herein, the prior
written consent of at least a majority (i.e., more than 50%) of the votes of the First Mortgagees
(based upon one (1) vote for each Lot encumbered by a First Mortgage) must be obtained to add or
amend any provisions of this Declaration, the Articles, or Bylaws of the Association, which
establish, provide for, govern, or regulate any of the following: (i) voting; (ii) Assessments or
Assessment liens; (iii) any provisions which are for the express benefit of First Mortgagees; or (iv)
any action to terminate this Declaration. Nothing contained in this Section 6.2 may operate to (a)
deny or delegate control over the general administrative affairs of the Association by the Owners or
the Board; or (b) prevent the Association or the Board commencing, intervening in, or settling any
solicitation or proceeding; or (c) prevent any insurance trustee or the Association from receiving and
distributing any insurance proceeds pursuant to C.R.S. § 38-33.3-313.
MI056\001DecCCR.BRE
29
October 16, 1996
970217
6.3 Notice of Action. Upon written request to the Association, identifying the name and
address of the First Mortgagee or insurer or guarantor of the First Mortgage and the residence
address of the Lot which is subject to such First Mortgage, each such First Mortgagee of a Lot, or
insurer or guarantor of such a First Mortgage, shall be entitled to timely written notice of:
6.3.1 Any condemnation or casualty loss which affects a material portion of the
Property or any Lot subject to a First Mortgage held, insured, or guaranteed by such First Mortgagee,
insuror, or guarantor of a First Mortgage;
6.3.2 Any delinquency in the payment of Assessments or charges owed to the
Association by the Owner of the Lot subject to a First Mortgage held, insured, or guaranteed by such
First Mortgagee, insuror, or guarantor, or any default by such Owner in any obligation under the
Declaration, Articles of Incorporation, or Bylaws of the Association and the Board of Directors of
the Association has actual knowledge of such default, when such delinquency and/or default remains
uncured for a period of 60 days;
6.3.3 Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association; and
6.3.4 Any proposed action which would require the consent of a specified percentage
of First Mortgagees as provided in this Article 6.
6.4 Expenses. All expenses associated with preparing and recording an amendment to this
Declaration shall be the sole responsibility of the Association; provided, however, that if the
particular amendment is required as a result of the Declarant's exercise of its Special Declarant
Rights, then all such expenses shall be the sole responsibility of the Declarant.
ARTICLE 7
MISCELLANEOUS
7.1 Term. This Declaration, including all of the covenants, conditions and restrictions
contained herein, shall run with and bind the Property up to and including the 25th anniversary of
the date of Recording of this Declaration, unless amended as herein provided. After such 25th
anniversary, this Declaration, including all covenants, conditions and restrictions contained herein
shall be automatically extended for successive periods of 10 years each, unless amended and
extinguished by a written instrument approved by the Voting Members to whom at least 90% of the
votes in the Association are allocated and recorded in the Records.
7.2 Notices. Any notice permitted or required to be given by this Declaration shall be in
writing and may be delivered personally or by mail. If delivery is made by mail, it shall be deemed
to have been delivered on the third day (other than a Sunday or a legal holiday) after a copy of such
notice has been deposited in the United States mail, postage prepaid, addressed to the Person at the
M1056 \ 001DecCCR.BRE
30
October 16, 1996
970217
address given by such Person to the Association for the purposes of service of notices, or to the
residence of such Person if no address has been given to the Association. Such address may be
changed from time to time by notice given by such Person to the Association.
7.3 Severability. In the event that any portion of this Declaration shall become illegal, null
or void or against public policy, for any reason, or shall be held by any court of competent
jurisdiction to be illegal, null or void or against public policy, the remaining portions of this
Declaration shall not be affected thereby and shall remain in force and effect to the fullest extent
permissible by law.
7.4 Condemnation.
7.4.1 In the event proceedings are initiated by any government or agency thereof,
seeking to take by eminent domain the Common Area, any part thereof or any interest therein, with
a value (including loss of value to the balance of the Common Area and improvements thereof), as
reasonably determined by the Association in excess of Ten Thousand Dollars ($10,000), the
Association shall give prompt notice thereof, including a description of the part of or interest in the
Common Area or improvement thereon sought to be so condemned, to all First Mortgagees, all
Members, and to the Declarant. The Association shall have full power and authority to defend in
said proceedings, and to represent the Owners in any negotiations, settlements, and agreements with
a condemning authority for acquisition of the Common Area or part thereof, but the Association
shall not enter into any such proceedings, settlement, or agreements, pursuant to which the Common
Area or any part thereof or any interest therein, or any Improvement thereon or any part thereof or
interest therein, is relinquished, without giving all First Mortgagees, all Members and Declarant at
least 15 days' prior written notice thereof.
7.4.2 In the event, following such proceedings, there is such a taking in condemnation
or by eminent domain of a part of all of the Common Area, the award made for such taking, if such
award is sufficient to repair and restore the Common Area, shall be applied by the Association to
such repair and restoration. If such award is insufficient to repair and restore the Common Area, or
if the full amount of such award is not expended to repair or restore the Common Area, the
Association shall disburse the net proceeds of such award to the Owners, the Owner of each Lot
receiving one (1) equal share, provided that the Association shall first pay out of the share of each
Owner the amount of any unpaid liens or encumbrances on his Lot in the order of the priority of such
liens or encumbrances. No provision of this Declaration or of any other document relating to the
Property shall be deemed to give an Owner or any other party priority over the rights of a First
Mortgagee pursuant to a First Mortgage in the case of a distribution to an owner of insurance
proceeds or condemnation award for losses to or taking of Lots, Common Area, or any combination
thereof.
7.4.3 If a Lot is acquired by eminent domain or part of a Lot is acquired by eminent
domain leaving the Lot Owner with a remnant which may not practically or lawfully be used for any
purpose permitted by the Declaration, the award must include compensation to the Owner for that
M1056 \001DecCCR.BRE
31
October 16, 1996
970217
Lot and its allocated interests whether or not any Common Areas are acquired. Upon acquisition,
unless the decree otherwise provides, that Lot's allocated interests are automatically reallocated to
the remaining Lots in proportion to the respective allocated interests of those Lots before the taking.
Any remnant of a Lot remaining after part of a Lot is taken under this Section 7.4.3 is thereafter a
Common Area.
7.4.4 Except as provided in Section 7.4.3, if part of a Lot is acquired by eminent
domain, the award must compensate the Owner for the reduction in value of the Lot whether or not
any Common Areas are acquired. Upon acquisition, unless the decree otherwise provides, that Lot's
allocated interests shall not be modified; and
7.4.5 If part of the Common Areas is acquired by eminent domain, that portion of any
award attributable to the Common Areas taken must be paid to the Association. For the purposes of
acquisition of a part of the Common Areas, service of process on the Association shall constitute
sufficient notice to all Owners, and service of process on each individual Owner shall not be
necessary.
7.4.6 The court decree shall be recorded in every county in which any portion of the
Property is located.
7.4.7 The reallocations of allocated interests pursuant to this Section shall be
confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association.
7.5 Governing Law. This Declaration shall be governed by, and construed under, the laws
of the State of Colorado in existence as of the date of Recording of this Declaration in the Records.
7.6 Exhibits. All exhibits and riders attached hereto shall be deemed incorporated herein by
this reference.
7.7 Development Rights and Special Declarant Rights The Declarant expressly reserves the
Development Rights and the other Special Declarant Rights for the maximum time limit allowed by
law. Unless sooner terminated by a recorded instrument signed by the Declarant, any Development
Right or Special Declarant Right may be exercised by the Declarant for the period of time specified
in the Act. The Declarant shall exercise such Development Rights and Special Declarant Rights in
accordance with the provisions of the Act including, without limitation, C.R.S. § 38-33.3-210.
7.8 Rural Covenant. Weld County is one of the most productive agricultural counties in the
United States. The rural areas of Weld County may be open and spacious, but they are intensively
used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including
conflicts with longstanding agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
M1056\00IDecCCR.BRE
32
October 16, 1996
970217
agricultural activities will generate offsite impacts, including noise from tractors and equipment, dust
from animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage and
manure, smoke from ditch burning, flies and mosquitoes, the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved "out of
the way" of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the State
of Delaware), with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal
for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oilfield equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
Parents must be responsible for their children.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year
first above written.
DECLARANT:
MARTIN BROTHERS PARTNERSHIP, LLC
BY:
John T. Martin, Member
BY:
James T. Martin, Member
M1056\00IDecCCR.BRE 33 October 16, 1996
970217
STATE OF COLORADO
COUNTY OF
The foregoing Declaration of Covenants, Conditions and Restrictions for Buffalo Ridge
Estates was acknowledged before me this day of , 1996, by John
T. Martin and James T. Martin, as members of Martin Brothers Partnership, LLC.
WITNESS MY HAND AND OFFICIAL SEAL:
(SEAL)
M1056 \ 001DecCCR.BRE
34
Notary Public
My Commission Expires:
October 16, 1996
970217
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
EXHIBIT "B"
Identifying Number / Addresses for the Property
Block 1:
Lot 1 Falcon Drive
Lot 2 Falcon Drive
Lot 3 Falcon Drive
Lot 4 Falcon Drive
Lot 5 Falcon Drive
Lot 6 Falcon Drive
Lot 7 Falcon Drive
Lot 8 Falcon Drive
Lot 9 Falcon Drive
Lot 10 Falcon Drive
Lot 11 Falcon Drive
Lot 12 Falcon Drive
Lot 13 Falcon Drive
Lot 14 Falcon Drive
Block 2:
Lot 1 Falcon Drive
M1056\001DecCCR.BRE
35
October 16, 1996
970217
Lot 2 Falcon Drive
Lot 3 Falcon Drive
Lot 4 Falcon Drive
Lot 5 Falcon Drive
Lot 6 Meadow Lark Road
Lot 7 Pheasant Circle
Lot 8 Pheasant Circle
Lot 9 Falcon Drive
Lot 10 Wren Circle
Lot 11 Pheasant Circle
Lot 12 Meadow Lark Drive
Lot 13 Wren Circle
Lot 14 Wren Circle
Lot 15 Eagle Street
Lot 16 Eagle Street
Lot 17 Eagle Street
Block 3:
Lot 1 Meadow Lark Road
Lot 2 Meadow Lark Road
Lot 3 Meadow Lark Road
Lot 4 Meadow Lark Road
Ml 056\001DecCCR.BRE
36
October 16, 1996
970217
Lot 5 Meadow Lark Road
Lot 6 Meadow Lark Road
Lot 7 Meadow Lark Road
Lot 8 Dove Circle
Lot 9 Dove Circle
Lot 10 Dove Circle
Lot 11 Dove Circle
Lot 12 Meadow Lark Road
Block 4:
Lot 1 Meadow Lark Road
Lot 2 Meadow Lark Road
Block 5:
Lot 1 Meadow Lark Road
Lot 2 Meadow Lark Road
Lot 3 Meadow Lark Road
Lot 4 Meadow Lark Road
Lot 5 Meadow Lark Road
Lot 6 Meadow Lark Road
Lot 7 Meadow Lark Road
M1056 001DecCCR.BRE
37
October 16, 1996
970217
FIRST SUPPLEMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
The Declaration of Covenants, Conditions and Restrictions For Buffalo Ridge Estates are
supplemented as follows:
1. Paragraph 3 is supplemented to add the following section:
3.1.23 Soils Tests/Soil Erosion and Ground Cover. Prior to construction of any Improvements upon
the Property, every developer, or builder, or their representative shall engage a licensed engineer to perform
soils tests on the Lot or parcel to be developed in accordance with the then existing rules, ordinances, statutes
and regulations of the state, county and/or municipality in which the Property or Lot is located and disclosure
of the results thereof shall be made as required by C.R.S. § 6-6.5-101. Both the soils and foundation
investigation report provided by the engineer, and a soil erosion and ground cover plan suited to each site
shall be completed prior to construction.
2. Paragraph 2.3 shall be replaced in its entirety with the following section:
2.3 Conveyance and Acceptance of Common Areas. Declarant expressly reserves the right in
the course of development of the Property to convey to the Association, and the Association shall accept,
certain areas such as open spaces, roads and drainage ways which for any reason are not intended to be
developed and/or other property or facilities which are deemed by Declarant to be most suitable as Common
Areas of the Association. By way of example, but not limitation, Declarant shall, in the course of
development of the Property, convey the Well System to the Association including those water rights owned
by Declarant which are appurtenant to the Property and which are being utilized for operation of the Well
System. Prior to transferring ownership of the first Lot in the Property or property which is annexed by
Declarant as provided in Section 2.2, as the case may be, to a member of the general public (i.e., not a
Developer), Declarant shall convey the Common Area contained in the Property, or in such annexed
property, as appropriate, to the Association.
3. The following Section 2.4 shall be added to paragraph 2 of the Covenants, Conditions and
Restrictions:
2.4 Open Space/Tract A. Tract A designated as "open space" shall be improved by Declarant, or its
successors or assigns, with concrete picnic tables on concrete pads, and with native trees in numbers and
locations to compliment the Tract, in the sole discretion of Declarant. Tables shall be located so as not to
disturb or damage the vegetation, drainage or indigenous wildlife and so as riot to encourage over utilization
of Tract A by Members. Reasonable equestrian activities shall be permitted, access shall be by bridle paths
identified on the Plat, and the use, maintenance and construction of all improvements on the Tract A shall
be regulated by rules promulgated by the Home Owners' Association. Water for Tract A useage shall be
available through the Property water system.
4. The following Section 2.5 shall be added to paragraph 2 of the Covenants, Conditions and
Restrictions:
2.5 Tract B/Speer Canal. Tract B, which includes the Speer Canal and is encumbered by an easement
in favor of the Farmers Reservoir and Irrigation Company, shall be maintained by the Home Owners'
Association.
970217
Development Plan For Tract A
Tract A will be developed in a manner similar to the drawing . This type of
development was suggested by Randolph E Randall Jr. and Andrea G. Leonard of
Brighton Soil Conservation District . The plan may be modified at their option to better
conform with the objectives.
The shrubs will be Caragana, Sand Cherry, Buffalo Berry, Serviceberry or other
suggested by the Conservation District.
Trees will be Lombardy Poplar, Eastern Red Cedar, Ponderosa Pine, or others
recommended.
The Soil Conservation Service will recommend the types and timing of additional
ground cover grasses to be planted.
The projected timing of the improvements subject to weather and availablity of
materials from the Colorado State Forrest Service and others is June 1, 1997.
970217
1
N
Ir �M
2Tr 4 P
Ida, o
o _
o
Ili eh' ��, C
0 O CCU
1 aO(.
O
o
C
.e
970217
December 12, 1996
Weld County Planning Department
Ms. Gloria Dunn:
The ten thousand dollars ($10,000.00) landscaping
allowance referred to in the Buffalo Ridge Estates
Improvement Agreement with Weld County is allocated to
Tract A of the development .
970217
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
FINAL DRAINAGE
FOR
BUFFALO RIDGE ESTATES
Prepared For
14. W. BAYER & ASSOCIATES
2090 East 104th Avenue, #200
Thornton, CO 80233
Prepared By
MATRIX ENGINEERS, INCORPORATED
1066 West 102nd Avenue
Northglenn, CO 80221
Project 96016
September 17, 1996
970217
I
I
I
I
I
I
U
U
U
U
U
U
U
U
U
U
U
U
U
TABLE OF CONTENTS
t. GENERAL LOCATION AND DESCRIPTION
A. Location
B. Description of Property
II. DRAINAGE BASINS AND SUB -BASINS
A. Major Basin Description
B. Sub -basin Description
Natural Retention Basins
Speer Canal
III. DRAINAGE DESIGN CRITERIA
A. Regulations
B. Development Criteria Reference and Constraint
C. Hydrological Criteria
D. Hydraulic Criteria
IV. DRAINAGE FACILITY DESIGN
A. General Concept
B. Specific Details
V. EROSION CONTROL CRITERIA
VI. CONCLUSIONS
A. Compliance with Standards
B. Drainage Concept
VII. REFERENCES
APPENDICES
A. Hydrologic Computations
B. Hydraulic Computations
2
970217
I
I
I
I
1
1
1
1
I
I
I. GENERAL LOCATION AND DESCRIPTION
A. Location
The proposed Buffalo Run Estates is located east of Weld County Road 35, one mile south of
Highway 52 in the west one-half of Section 12, Township 1 North, Range 66 West, of the 6th
P.M., Weld County, Colorado (see Figure 1). The property is bounded by unplatted land on
the north, west, and south, and by the Martin Brothers Planned Unit Development Amended
on the east.
B. Description of Property
The parcel in this study is 195 acres in size. The site's slopes vary from flat in the east
lowland areas to about 3:1 at the southwest corner. Ground cover is primarily weeds and
native grasses. Much of the site is barren where blowouts have occurred. The land for this
proposed subdivision is presently unsuitable for either grazing or farming. The Soil
Conservation Service Soils Survey (figure 2) has mapped the area as having the following
soils types:
Olney loamy sand, I to 3% slopes Surface runoff for this moderately permeable
soils type is slow, and the erosion hazard is low.
Valent sand, 3 to 9% slopes. Surface runoff for this permeable eolian soils type is
slow, and the erosion hazard is low. Blowout conditions occur as the range condition
becomes poorer.
Vona loamy sand, 0 to 3% slopes. Permeability for this eolian soil is moderately
rapid, surface runoff is slow and erosion hazard is low.
Vona loamy sand, 3 to 5% slopes. Permeability for this eolian soil is moderately
rapid, surface runoff is slow and erosion hazard is low.
Vona loamy sand, S to 9% slopes. Permeability for this eolian soil is moderately
rapid, surface runoff is medium and erosion hazard is low.
All stormwaters from the site either infiltrate into one of the twelve natural depressions on
the site or pass into the Speer Canal. It is proposed to develop ''the area into a 54 -lot rural
residential subdivision and maintain the current drainage patterns. The Speer Canal is
located along most of the site's easterly perimeter. This Canal is owned by the Farmers
Reservoir and Irrigation Company (FRICO) and is primarily used for irrigation of farmland
downstream of this property.
3
9'70217
a
U
U
U
U
U
U
N
•
U
•
U
U
U
U
U
U
U
U
<_Ft. Lupton 4 mi.
Ij.
Ng. `'1 0 ,c
; ,-.-
• P•^ --
M a
.V v Dougan v
�\ Rea 'f �
�)_
-L
Martin Brothers; ; O' : U\
ES P.U.D. Amend. "" ` v j
CD y
�~. - c.1
RUN
• BUFFALO
—ESTAT
4
970217
N
N
N
N
•
•
•
N
N
N
N
N
•
N
N
U
I
I
Weld County Road 12
44 = Olney loamy sand, 1 to 3% slopes;
70 = Valent sand, 3 to 9% slopes; 72 = Vona loamy sand, 0 to 3% slopes;
73 = Vona loamy sand, 3 to 5% slopes; 74 = Vona loamy sand, 5 to 9% slopes.
FIGURE 2
SOIL CONSERVATION MAP
I^' 2,000'
5
970217
S
U
U
•
U
U
U
U
U
U
•
•
U
U
IL DRAINAGE BASINS AND SUB -BASINS
A. Major Basin Description
The proposed site is located within the Beebe Seep Major Basin.
B. Sub -basin Description
Historically, the site drains from the high points along the west toward the east where the
blowhole depressions or the Speer Canal are the eventual outfalls. This existing drainage
pattern will not be changed or impacted by the project. All stormwaters from the subdivision
will be routed through the site in the same general pattern as has been the historic case.
Natural Retention Basins
Retention of stormwaters will be provided in the existing natural depressions within the site.
A ratio of required retention per acre was determined by calibrating four typical basins of
various sizes. Hydraulic parameters for these typical sub -basins that drain into these natural
retention basins were input to the Colorado Unit Hydrograph Procedure (CUHP). The data
was then plotted and a ratio of 0.0462 acre feet of retention per acre was obtained. Available
stormwater storage volumes for each depression were calculated to get a hundred -year peak
pond elevation. The proposed finished floor elevations are to be at least one foot above this
elevation (see plan).
Speer Canal
The Speer Canal is the historic concentration point for 66.1 acres of the subdivision.
Historic flows for the two, five, ten, twenty-five, fifty and one -hundred year storms under
current and proposed conditions (FRICO criteria) are listed in Table 1 below.
STORM
2
5
BASIN "G"
HIST.
10
25
50
100
0.04
0.20
0.60
1.10
1.60
DEV.
0.12
0.20
0.40
0.90
1.30
1.90
BASINS "1", "K", "L"
HIST.
0.60
3.70
9.70
16.50
23.80
DEV.
1.80
3.10
6.70
13.20
19.60
28.60
BASIN "S"
HIST.
0.20
1.20
3.30
5.90
8.10
DEV.
0.60
1.10
2.20
4.50
7.00
, 9.70
BASIN "Y"
HIST.
0.20
1.20
3.20
5.30
7.50
DEV.
0.50
1.00
2.10
4.30
6.30
9.10
TABLE NO. I
BASINS THAT PASS STORMWATERS TO THE SPEER CANAL
6
970217
The development will increase the peak discharges to the canal from the historic 41.0 cubic
feet per second to 49.3 cfs or an increase of 8.3 cfs for the 100 -year storm. The amounts
would be less for smaller events. The stormwaters would pass into the ditch at historic
discharge points as sheet flow. It is to be requested that the ditch company allow the
proposed flows to enter the ditch. The site's drainage has no additional known effect on any
irrigation facilities that may be located within this Major Basin other than that described
previously. The Beebe Seep Basin is predominantly agricultural with dry land farming and
grazing. The basin has been slowly developing with large lot rural residential subdivisions.
The subdivision's proposed street layout will cross the Speer Canal in two locations. FRICO
has requested that the low chord of each structure be at the same elevation as the top of the
bank.
III. DRAINAGE DESIGN CRITERIA
A. Regulations
This study complies with the Urban Drainage Criteria Manual, Weld County regulations and
Farmers Reservoir and Irrigation Company criteria.
B. Development Criteria Reference and Constraints
No previous drainage studies have been prepared for this subdivision. A 50' wide Panhandle
Eastern Pipeline Company right-of-way easement crosses the southeast corner of the
proposed subdivision. No constraints are known to exist that would affect streets, utilities,
existing structures or development of the site.
C. Hydrological Criteria
The design storm for all basins that flow into natural retention basins in the study is the 100 -
year storm. The basins that flow into the Speer Canal have additional storm events that are
the 2, 5, 10, 25, and the 50 -year storm events per FRICO criteria. The rainfall in inches per
hour for each storm is listed below. The rational method was utilized for runoff calculations,
and the CUHP derived storage volume ratios for determining stormwater retention in the
natural depressions.
The housing density will be 54 units per 195.5 acres or 0.27 units per acre. This corresponds
to an imperviousness of 4 percent or slightly above the historic value of 2 percent.
970217
N
N
r
I
I
I
I
2 -Year
0.95
5 -Year
1.37
10 -Year
1.62
25 -Year
2.0
50 -Year
2.29
100 -Year
2.61
TABLE 2, ONE HOUR POINT RAINFALL AMOUNTS (INCHES)
D. Hydraulic Criteria
All new roadway culvert locations and sizes are shown on the enclosed plan and will have
the capacity to pass the 100 -year peak flows with no roadway overtopping. Stormwaters will
be channeled in proposed easements. Driveway culverts will also be 18" in diameter. All
culverts can be made of either concrete or corrugated metal.
970217
N
N
N
N
N
N
N
N
N
I
I
I
I
I
I
I
I
I
IV. DRAINAGE FACILITY DESIGN
A. General Concept
Stormwaters will sheet flow away from the proposed residences and pass via natural swales
or roadside ditches for eventual discharge to the many depressions or to the Speer Canal. All
offsite stormwaters will be passed via historic patterns.
All tables, charts, figures, and plates used in this report are from a source referenced at the
end of this report.
B. Specific Details
All culverts will be within the proposed road right-of-way, making maintenance access
possible. Drainage easements are to be provided along lot lines.
V. EROSION CONTROL CRITERIA
The site disturbance will be limited to road and swale construction. Individual housing
construction by others will disturb additional areas. During construction of the roadway and
residences, a minimum amount of disturbance is to occur. Culverts should be protected from
sediment by placing hay bales at entries. Roadside ditches should have hay bales placed at
200 foot intervals to control sediment until the banks become stabilized. If the area of
disturbance is greater than 5 acres, a Colorado Discharge Permit System (CDPS) permit will
be required.
VI. CONCLUSIONS
A. Compliance with Standards
This drainage study complies with the County regulations. No major drainage planning
studies are known to exist that would affect this site.
B. Drainage Concept
This plan should effectively control damage from storm runoff. The project area of 195.5
acres and a density of 0.27 units per acre will cause minimal influence on any major
drainageway.
9
970217
N
N
N
U
U
U
10
970217
I
I
I
I
I
I
•
I
I
U
U
U
U
•
U
U
VII. REFERENCES
1) Adams County Storm Drainage Design and Technical Criteria, February, 1989.
2) Urban Storm Drainage Criteria Manual, prepared for Urban Drainage and Flood Control
District by Wright McLaughlin Engineers, March 1969, with revisions, Volumes I., IL,
and III.
3) Design Review Process and Design Criteria for Facilities of the Farmers Reservoir and
Irrigation Company, March 1984, prepared by Hydro -Triad, Ltd. March 7,'1984
4) Procedures for Determining Peak Flows in Colorado, USDA, S.C.S., January 1975.
5) R. W. Bayer and Associates Topographic and Site Plan, file 12 -1N6 -38L, April 22, 1996
11
970'219
STORM DRAINAGE DESIGN AND TECHNICAL CRITERIA
FIGURE 501
I (inches/hour)
RAINFALL INTENSITY,
9.0
a.
7.0
6.0
5.0
4.0
3.0
2.0
1.0
3:I?1=s="' • 1_111 = 33:1:::••1
111.9=r1•::: •::l: • .';;::r::::s.
....._ ...i..:....... !; is...s•..i.......e
...3.9 33....I..: :.....•.. ..... hill! ••:
elllllil:is al le ?=i9= 11':=;.;..•3•:s1i1i3::s:• :3:s:::s•:::::3 1111 s3:.. ... ...7i9:s..:3 .:........s
. .s :I:::: • ;.....;•..3....9;;..39....»:I... ... 1
'iiiiiiii3ltl$? 1i33lle"� '3.1.111: is 1111•• . • ::33 :� I' 3 Is .s:
3 :' ;' 1....1.39 33:::::3:33::: •:i3a:•: ••1 :a :s:1:a •••••••••••:
::1:i::::i181i :31 •:IIIIII' •=••••9••••s ss:............31::::::1111111m:::i....:::
3: 31 ::3=9=1".3 33 3331=:eI::s•::.. .....i..•.s.:;i..i•.:•a .....s3::•li:• .13;, a .i:::::ill;
..iii
...........iE............:1•
.3k.. 31'1=8.1:: s:. ?53.:.1, •••:••s:33:•••s:33:1:::19:sass......::::srsl: B:s:i.� :-:•11•• • .•111:.•:3." .
=..3I111:•1: ••:::t: •:: _ .•..: ? •11:::1a•;••••:113 sl::::s1::ls....:: •:::�•....
.. 119. 3911 •P f.�::•::3s? ...i....... 3:?..... •:l• ••:1.... s3s:113::• 9 ..:33==:7• ...g.s::s
•. . . . e ..::s, :..: e:: :: 1 .... 1111.• •.. . . Tiros. .. . ... .. . . .1111•..
'6°6 331393 meilg.il=§► :.:I:.t9:r13:r:� _•••�°:391 i ,s 1:11.1=3 i..... llll,iis 11139 ill = 1.::: °'I73'. ;1
1111 1111• • • • 1111••• 1111 •3...3 s:.:.0.033:..
:. ..1 11:...... e?.3199111:33::333=i :1111@'•333:$1:::.'s9 ::allli�91133=ii1=9 9 ;.:1:!!31:: •::9i
:::Ii:::;;;li �11111r:3 :3ie...s:3i?e 1i===:s= =i3's31�==.313:::..=li=? �1i' e = !!.91.11:° •••••I .; =° iai 111..1
.111.1.. : 3:.3�•'.ss.3..s
..s .... .....
U.S...3= .all' jI9 1111 I11r':i••.... �. X11.=?ill9lll:.�•.'..33 :1.:•:sri1..:11i:.s.: iiI11 i
3a.•.s �? 1 1 _ "1 '►....s....s ...1:1:33€ill•'ill !le:oh! .113:3?•e s:..... ;;::
• ga'M1$r i'i :1 ll=?ei1....::. g�491:43:::' ••.. i m1�1° 3 . i• :ii , .1, : i '_
.. ......:1:.... e :: s...•... . 3s. s.. s ..:......3... sal
ii 1 :. 3 ::l :..i .::3:::: ••:33 :3333:3rSs! :r;!:. .....1 ..:. s..: s s:s..:.s::.:::s••.. s 111:;s.....:3 :U.:..:3... ::;9 ::
. .... ... , .. .. .:; ......... .....133.1=
gifll IIilelI�11•';�l 9::s :.,.;1 ?°?:::lie;?=i339i9y13il33lI93's1I'3: :::r:s .ill:.�0°1i
=ils'19,P •Il:1UUIill:l9•lE :731; 3331::1:• Rri i:ia 3:.•3333 :f:•1s:1: o9 •.:13.991:::::
:• • . : 9'•••::ail:: ::� ...:i::ls...a +33...1 :; i.:...l..°l seE:l:.:.. l:: sai 3:
1'333 i 3.1@=ii1111 h 311= ei::1IIPISia,.:•••s:::ii:e:::l;;n.31a•+s;3.3 • .... , •. :'13�'9=i1 1 ::111.:
::: lb i.:ii::.r:: mh.ii 13,9 1•.:183 a33r393�1e•::= iis.. s
'+.-.3il`i:iielfl:i:ls::ii_ls �331i1
3a:13311113 'III 1111II••33'==191=.1 ..... ii'113313Hi F....l1 ' . 3?.39.1..s.:114P1 °1UI::::: 3'. i•...i i.3 �� '.
. 9: 1111.. �....:. _ !s s•.3l:i:I...3...:.. .. ...:....I3..
ill
:i ...... _.. 11.. Ii:7 . .
bill
i'=: ells (e:i ...sa;h :........;.....
•� ....3'i.,�•aa . ;...s3ti ...a:.1:s1:•:1s.••s7.1:1.•1:3.... eel "°°1l:.i:e:::...s:Lei. lu :i I0 UUU.isei itia'7•3l1ii33 ::ii:lei391331 := 33:31:3�`,sl:i::::s�,Rail!! liss••iin::1�:;31's.3E333:3: r+;•:=1:9'::1:::
7:..1• 3.31:: h;- Iyi iii iai...s.1.•;.i ittlii1.1s.:3.3ii;:le3..37.1 s.•.
... ....,[1:11111:1111111.1!............... ..3.11• :is qe?3:3:1 :::339:::33: ..i =_;;, .i...,...: r.:s:.:••ai•• aR?i39= 369.1?:11°9991'9 ...791::..:i... !..7..73:..7.:.•.w.•...i...l...i:.ei:ii.:....:....,-:.1:1 ! .::s :.ii'••3r:::i::..u! S : ! •. : ::• •: ••il..• ... •.i•:y a:::::si:•i:: i••sa•1•:s::••:3:1ire• 1:::: :•1: 1111 i:i3 Y:11 .....i3
: I3=.111':11333.13:1iii1'�lI1:I3 X13'ss31::.ssa:l:�i�;;?;31sii33?i9a R'=z11.==:33=::31==3'si:66a. R3:'s:�:3... sae 3"'3=:.
lie=i?1I�=�?=slllel1999313+3�I3 I1983311;i=':,':y"j=.9„�°falls ??:l:ligZlg: ; ::i:l'�3i'sil g::;;..;
ll P'i1:�i.. •� i iiii.i3i163s1
llll33l17 l e1i9ll1 a'il °191°31°llle9?!::•�lsllllii al'l11` i9s s i . "'R93:!Il llil: ':'1.s°R;33;I,31.=11 199iiia11ie'
....hell s...i.. 3..�I I.i:.3..•.s....s�.R..— ...7.3 .:Ii!, .i..s:s .file= l..3.:U...: 3:3.s�. + ssiiiii....331
li g131 : i'°g 'll aa9!11pl3:19.333i33l33l31933'55S333i!l==s:.!B=9333333"il::393'.:ni: •�:3:==1 i3' 'ie93- ;11!1.36. 3 11.1313i.3IiI•. 33:....1 3. .: :1a: ,I1 i•s:...•II• :I.IIIIi:••r:'9i•s'°: w l::rIi:9s•i:3:i:l
:.. .. .... . • ..i.... I.g0•t U. 0 • .:1 !f . • :: •1 •ON 1111• . .. • ..
1II1i.. 1113IIiii 111..E i1I}31all... l'':11=llll lillll111�11?rII:�3li:sR'-1 i9�'l; ':f' 11u i111''::`' d :33e 111':1311
iii
1 iii31 ii14ll ll;ll a1iiJ=ii=IlJ %E !.maul jl;EE3a.13a 11 999991 ��• a,,s'•.' ;_ : 191?! �_
ii i9••• 1 ls.s.,
a
:... :.... .:: i ass
...:....:ii..l .::Ill
ss:::::hrs:►
31::::3:11'=:1
3..3.31: ?:3i1.'::3==ia911::1' 3i 6 3'3 i; 11111113= lipi3e:3': i3l:e9ee:::i 311ei'•ss I::ii33=i3::s11911-•-
s::r g _" ••3:33:::s 3 s :3 1.1.1.1 i _ : i s3 ••;•••:3 i :•: 1s:•
• •
,.I1111I.; '=1s' _ .1.1 Ill':�li = ..:39..9931;311= 3=��llllllllliljlll =??g �� 93':13 33111.:3II::; q: ••.••1511111411
3='9 i I1 :. ...1 •i:i1.
.......
.3.'3'1'119 ie''3e' ii ::: • 3==9 'ii: 's'=33::••s:3• ••; iii31 : 3i = s : ' .: i 3..:: .1:.. ...1.
la:i..9i.;3 ;;3...ill;.::..:i.:.is ..11.3.3 . ig::s ::r:...il.sl. Iii s• :•:..:il:r• ...
. . •: Milli
•:.:....:: •.. •3::•:1.3;3 :s ee s• =331• r :_.. 9 . ......:
la s ! : i lI i 3 1.�7 .: , a, _ ._. 1:11
.::::.::� i::i:::.a::: ► 1 ..l::..�i ► i! . f �1 �l i :. mil � �' ? ► l: °d13 .fl
i 99; 1333 9 3eI333133a 1 99i 11ii3 == iii313 :. 1' ? �3 ••F =:::r:= I V MI 11= Oilili I ::: MO? _?33::sii
• i • : t• 1 •; ••.. =u • 11:11 :::r :•7:•••;_• •••s•=••• a •a ;11.11•: 3a r: ?:•
= as. s..i9 . s .... .e ...1.. i:.;I::: I.::ii. li.i::l::::in liia:.::r:..... a
.s .311. ' 1i 1i 9 I.:::: is::sii.s.....s.s:.;.............. ...... ....
1::::i W 3:i: '31C3iliiiis ::3i= si:r i •• . 1111_ "'� 1•:111::::•::1 ....•..: 1111 ..,
3.:.... ,
E ��•13:11 Ieii11.11:•:11.l.....�s:..1.1983:9's:r1:::slr:ia:9li9.:..s...::......::. .. ssr33991ii
..•s..... , s 1 1:....
iili;i iii��i::� i •s=e : ai: ;1.:339 3sr 131311111°l1= : :i:
,,,, 3311 3
1==399=333= X139!?=:i1==:_;R...•... 3is:::33..••.3:::::11...:_===:�i::a:
1
I
.iii=1:111
s
=3'139
1'11:1:
I
•....
s:
,r...
...I
::3i:
1
'3
0 10 20 30 40
50
STORM STORM DURATION OR TIME OF CONCENTRATION, tc (minutes)
Date: FEB 1989
Rev:
60
REFERENCE: WRC Engineering, Inc., TM -1, February 1989
ACSDDTC
5-5
Cr, fO4 «y
RUNOFF
20
z
w
O
CC
w
a
z
w
a
0
J
y
w
U,
CC
O
CC
U,
w
N
Q
3
.5 1 2 3 5
VELOCITY IN FEET PER SECOND
10
20
FIGURE 3-2. ESTIMATE OF AVERAGE FLOW VELOCITY FOR
USE WITH THE RATIONAL FORMULA.
it MOST FREQUENTLY OCCURRING"UNDEVELOPED"
LAND SURFACES IN THE DENVER REGION.
REFERENCE: "Urban Hydrology For Small Watersheds" Technical
Release No. 55, USDA, SCS Jan, 1975.
5-1-84
URRAN nnA u,"r.
970217
DRAINAGE CRITERIA MANUAL RUNOFF
TABLE 3-1 (42)
RECOMMENDED.RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS
LAND USE OR PERCENT FREQUENCY
SURFACE CHARACTERISTICS IMPERVIOUS 2 5 10 100
Business:
Commercial Areas 95 .87 .87 .88 .89
Neighborhood Areas 70 .60 .65 .70 .80
Residential:
Single -Family * .40 .45 .50 .60
Multi -Unit (detached) 50 .45 .50 .60 .70
Multi -Unit (attached) 70 .60 .65 .70 .80
1/2 Acre Lot or Larger * .30 .35 .40 .60
Apartments 70 .65 .70 .70 .80
Industrial:
Light Areas 80 .71 .72 .76 .82
Heavy Acres 90 .80 .80 .85 .90
Parks, Cemetaries: 7 .10 .18 .25 .4.5
Playgrounds: 13 .15 .20 .30 .50
Schools: 50 .45 .50 .60 .70
Railroad Yard Areas 20 .20 .25 .35 .45
Undeveloped Areas:
Historic Flow Analysis- 2. (See "Lawns")
Greenbelts, Agricultural
0ffsite Flow Analysis 45 .43 .47 .55 .65
(when land use not defined)
Streets:
Paved 100 .87 .88 .90 .93
Gravel (Packed) 40 .40 .45 .50 .60
Drive and Walks: 96 .87 .87 .88 .89
Roofs: 90 .80 .85 .90 .90
Lawns, Sandy Soil 0. .00 .05
Lawns, Clayey Soil 0 .05 .15 .25 .50
NOTE: These Rational Formula coefficients may not be valid for large basins.
*See Figure 2-1 for percent impervious.
970217
■
■
U
I
•
DRAINAGE CRITERIA MANUAL
IMPERVIOUS AREA - %
r= 4%
50
40
30
20
10
0
RUNOFF
TEST AREA LOCATIONS
O
O ARAPAHOE
■ LITTLE1ON
COUNTY
■
LOW DENSITY
MEDIUM
DENSITY•
c
1
2
3
4
0.27 HOUSING DENSITY - UNITS PER ACRE
uhi4s/Ac.
FIGURE 2-1. RESIDENTIAL HOUSING DENSITY
VS.
IMPERVIOUS AREA
5-1-84
URBAN DRAINAGE & FLOOD CONTROL DISTRICT
5
54 !°+5/j95.5A c
O.t7 Uni;s/Ac.
970217
•
COMPOSITE COEFFICIENTS FOR DEVELOPED CONDITIONS
AVERAGE LOT
PROJECT:
DATE:
PROGRAM:
SURFACE
CHARACT.
PAVED ROADS
GRAVEL ROADS
DRIVES & WALKS
ROOFS
LAWNS, SANDY
LAWNS. CLAY
TOTAL AREA =
2
5
10 YEAR "C' = 0.09
100 YEAR"C'= 0.24
BUFFALO RUN
WELD COUNTY, CO
05 -May -96
COF.WK1
AREA
(SQ. FT.)
0
10,000
500
2,100
145,000
0
PERCENT
IMP.
100
40
96
90
0
0
FREQUENCY IN YEARS
2
0.87
0.40
0.87
0.80
0.00
0.05
5
0.88
0.45
0.87
0.85
0.01
0.15
10
0.90
0.50
0.88
0.90
0.05
0.25
157,600 SQ. FEET +- OF 3.62 ACRES +-
% IMPERV.: 4.04
YEAR "C' = 0.04
YEAR "C' = 0.05
U
N
•
N
•
N
100
0.93
0.60
0.89
0.90
0.20
0.50
970217
STANDARD FORM SF -8
SUBDIVISION
W
I—
C
J
w
CACULATED BY
REMARKS
L.
R
:IiQ
J (�
o
` e0
`
a
2
_ `I
Q
4
L. W
d
e. 5.
J
V,
a
L Il
h q
L
��
J
-cW
O
n
ck
kJ
e
j
o
' v
L
p 4
W
U
OUT LETS 47
fba/P •.z .
~+
w
J
Z''
v
0 P.
04Tctlt ro
CULVERT nk
o
ti.
ti l.
3 lb
O ,2
,
y-
N q
W
J R
0
di
-',
`1 �s
^ rl
te5
L Q
0 1,
Z.
x
J
eel w -Ai
c .-.
v
M
en
.4
c.3D
M
N
l"--00
'1'N
,9
M
N
N
J
M
N
M.9
N
In
M
IM
%9
tc CHECK
(URBANIZED BASINS)
o_
c N
'-s i c
7
ll.
TRAVEL TIME
(tt)
c ^p
'ti N ....
rn
M
N
Cr-
N
"I
N
t
N
0
eh
C7'
N
o
NI
00
14
N
1
en
.`9
W
e.1
p
�-
• p
�.
O
1
O
o
O
•4
O
v
Ul
O
O
I
ln
O
SLOPE
'/Y
(8)
Ni
o
03
t—
o
t
In
<-
d-
r-
<
—
ni
in
0`
An
NI -
O
/.Q
z a ti
Us
J
0
Nr.
0
1
0
S
0
o`
0
-
0
O
0
—s
0
�9
0
O
I
0
m
o°
N
INITIAL/OVERLAND
TIME (4)
c ...
o
tn
N
—
N
r-
N
"°
N
vi
N
lb
N
4.
p
O
vl
—
a
N
rn
N
Q
t
_7
N
et
tr
a-
M
"4
W
t
N u
N
p
1`1
H
Vl
O
o
N
c
tv
t.J
d-
v
h
O
N
c(1
<9
�:
'Si:
•9
d-
O
LENGTH
Ft
(4)
NO
N
a
o
o
..0
O
rR
0
t"
0
m
O
M
O
tl-
O
O
4
O
m
to
SUB- BASIN
DATA
yj es a1e1
Q< *--
N
,9
00
03
ret
O
tv
O
c6
CCO
N
N
M
d'
M
—
OJ
N
N
cO
Q
NI
N
Q"
co
.9
z4
v) N
U
O
O
O
O
g
O
o,
O
o
O
O
O
c
O
O
a
O
O
.
O
o
O
O
O
o
p
O
p
C7
970217
V
z
C7
z_
W
W
z
co
z
W
U
K
J
Q
z
Q
2
itc
W
F-
2
U
W
v
z_
CC
O
2
Q
0
F
co
>-
0
U
R
W
C
S
STANDARD FORM SF -S
O • w
▪ dt
cl-
ot
1 —Cc 4,
111
U ti
Z'
LL 4
O U.
SSw en
F..
SUBDIVISION
w
I -
a
J
U
CACULATED BY
tc CHECK FINAL REMARKS
(URBANIZED BASINS) tc
a'v
i-ij,t
l4 •I_:
V
8
s O „ 2 '/ Yfl _)
of ; [971/'O
r,
I L ci
1-Q
3
0
J
v
v Q
I -V
30J
000
�,
U Qv)
I,n..i�.i4�j�2
a, q
V
6a
a
`'
Yi 's,
I.i
qc?
Z c
v",,
Z..' -J
o
z
I. SC
ocz
1---
K w
�W
by
66 n
i Nj
�n 1,
p
Wj
1-J
0 z
c M
. C..
1'
o=
.9
(J
ao
N
.9
e-
1n
O
tv
-
N
NI
4.
CO
N
o-
N
°4
Cf
'n
.9
.'3
N
.9
1n
N
In
_O
* C N
�V
1-1
TRAVEL TIME
(tt)
v c a
'� "
M
M
r-
°y
2
N
1
co
n
I
n
�9
1
P/1
,9
co
J W Of
V
a
-it
O
es-
O
1_
Z
-g 1`
U�
I
O
\
I
QO
p
O
SLOPE
°/Y
(8)
to
...:.
,g
O
I
to
-.1.
I
O
LA
I
to
N
4-I
Z LL I`M
J
0 -
0
0
1
�}
I
0
t1-
I
1
I
INITIAL/OVERLAND
TIME (t1)
C_
v
`k
M
In
N2
Q
be
N
'.
M
O
N
M
M
__
`
i
1
C
W
6 a,
�j jCv
v-
r
"
iv)
In
-
m
V1
0
u-
O
U1
o
IV
vi
t'l
1—
<1
:
•
C
C
(LENGTH
Ft
(4)
O
N
0
M
h
to
0
0
NS
l0
O
N
o
U
p0
O
.0
ti
O
N
0
C
SUB -BASIN
DATA
W 0 I j
Q a
in
M
rn
a,
N
In
O
tl
VI
en
t`,
N
N
N.
NI
Ou
O
a
j
vl
V N
0,
0
O
0
-
O
0
0
0
O
0
-
0
0
9
0
J
0
o
0
-
0
0
_
O
0
C
C.
U
t
w �
O"
N
In
I_
m
N
>
y
,
NI,
C
rr
970211
U
Z
Ui
W
w
z
6
CC
w
CC
3
O
z
m
O
0
O 0
4
H
U
W
O
Ix
4
DESIGN STORM
Z
O W
W
M W
N W O
I— cc
g cn n.
0: N O
OO
u. . W
OF —
a Z5
Za" 0 Z
Z
N O
I-
0CC
LCULATED BY ---
a
�
7
V% W
W U
► W
CC
Q
W
CC
(NSW,
-cTr` _
F.
'
La 11113013A a
I (13)
I_ N19N31
w
a
3Z1S
3d1d
(%)
3d0 -1S
(Sd3) M013
N01S30
W (SAD)MO13
W 1 3a1S
I- ("/o) ' v,
Cl) 3d0lS \
t4
• o
WRC ENGINEERING
U-
U.
O
Z
cc
(533) M
0
c; -
OM/ NI) N
I"
U
CC
(0v)
(v 0)
m
0
(NSW) o
1 --
(S33)
0
tr-
r -
0
tj
R
T"
n
r
o'
(Dv)
V- --
4.5
43300 N
330N08
(DV) a
v3av
0
ea
0
a -
a
0
N
d -
M
N
-4-
N0IS30 W
v3av
1NI0d
Ns IS 30
I —
W
. W
cc
I —
4-
Wti
U,s
iV
a
k
h]C
h
Eta
0
d • Q
‘.._•4
U
+c
I�
970217
S O
o\
a
2
cs O
F d)
O 0 Z
Z ' (7
m O CA
O w w
a o
STANDARD FORM SF- 3
J
ll
LCULATED BY
z
t9 w
in"cr
w�
O O
w
20
La
I- cc
cna
>- n
00
W
aw
z2
Q J
CCa
Oz
g o
cci-
O <
I- CC
0
970217
S
Z
O W
N CC
W D
M 0 W
O
IL W O
N cc
2 (n n.
cc } 0
O NO
tl-• W Z
O O 1—
CC
▪ Z2
O Q
4 O Q
Z
N O
CC el:
0
I- CC
(�
,LCULATED BY
W
a
0
I -
w
w
cc
I -
U)
LL
IL
0
z
CC
J
Q
F-
0
I-
LL
Q
w
CC
(NLW)
7
(Sdd)
kit3013A
(1d)
HID N31
321S
3dld
(%)
3dOlS
(Sn) MOld
NOIS30
(SAD)
0
(SAD)
0
8H/NI
I
(Dv)
V.
7 M
AA 303
d3ONfla
(DV)
V3BV
N91S30
V3aV
N91530
970217
In
fn
CC
W
W
z
W
U
CC
3
CC:
w
I_
a
0
J
Q
0
z
C:
H
C
2
Q
C
u
u
C
u
C
C
C
O
z
m
0
STANDARD.FORM SF- 3
ALCULATED BY
N
0
F
0
w
O
cc
C7 w
N cc
w
0 0
w
I— cc
0 a
>-0
(0
w=
szt ▪ 11J
z2
cc ▪ J
Z
O
cc p
O - cc
0
w
t -
a
HECKED BY
Q
W
CC
N
N
V
1
It
J
>
g
l_
(Nr)
�
1:)\
51..I\
mN,
(Sd3)
1.3013A
(IA)
HION31
Iii a.
n,
3ZIS
3dld
"1
(%)
3dO15
(93) MOld
NJIS30
t j
W
cc
I—
U)
(SA0)M013
1333NlS
"'
(%) •
3dOlS
c-\•
TOTAL RUNOFF
(93)
o
le
I
\
\
1\
\
\
(NH/NI)
z
N
(3v)
(V.3)
=
(N3.)
o
DIRECT RUNOFF
(SAO)
o
-L.
•
M
M
V•
Cr
M
S
D.
N
,V
aH/NI
I
Cl)
v
•,
a N
N
N
(Od)
d.
v
0
—
h
"1
N
N
a
M
.a
S.
"S
a
4
r
,}�
vo
a
CP
JZ
O`
(NH)
III
_0
3d303
AJONf121
n
o
0
0
07
0
0
0
0
0
0
=
0•
v+
0a
te
0
N
0
N
0
V3LIV
NJIS30
Van
M
+ J
h.
_
INIOd
NOIS30
-4-‘j-
ei t
;
_
_
_
I"'.
W
U1IX
I-
M
�v
SIO7OS
o
=
c
=Iq
=q
�\
T
N
N
a
r
N
A
v'
S�
Z
, r —
n
u
F
C
C
2
a
u.
H
c
2
a
2
O
w
n
w
0
z
2
C
0
F•-
670217
S
3
4
Q v
C' b
� Irl 4
• W
N
CC
OF -Ate
H
o U ztP .,
z O'
m o F2 ti
e t
o ¢� Ocn z
STANDARD FORM SF- 3
LCULATED BY
Zr
O w
(75 cc
w�
ow
WO
I- IX
cn a
>-
o
NO
W
O F -
4W
Z
Q J
CC <
Z
E
cc F-
O 4
F- cc
N •—•
ECKED BY
970211
0
z
m
0
STANDARD FORM
,LCULATED BY
r
a
W 3
• ) 0W
rot-.
U z j► V
- —
0 v)z ti
Q N Wv`
4 0¢5
ca
Z
C7 w
N cc
W D
O O
W
w o
}o
NO
aaw
Z E
Q -I
cc c
oz
• O
Ix H
O cc
N v
}
0
0
W
N W
T
a
Li
CC
N‘1,
N
`�\
W
m
(N VI)
7
='
52=
\
La >
1l I00"13A
V.\j
cc
(13)
N19N31
--
3IS
3did
a
a.
('/)
3dO1S
c-
(Sd0) MOId
NOIS30
W
W
(SJOPMOl3
1 32115
CC
U)
3d01S
'-".
TOTAL RUNOFF
(Sd0)
o
it
..,
\
\
\
\
\
\
\
\
N
N
1
N
N
(aH/NI)
I
s,
(3v)
(V•O)t
c
"
(No W)
1
o_
—
(Sd0)
O---6
SO
v`
a
O
o
--
NI—
__
N
M
N+
V'
"l
V%
M",_
.,°!
r-.
Q`
8H/NI
I
..--,4
m
Ni
u1
Ni
LO
id.
`5
4
ti -o
V.
Oohi
p
O
0
a
0
-•
c
c
-
I-
43303
4d0Nfld
in
--c
o
d-
o
0
u+
Q
000aoo3
s e-
.=
u`
a
2
o
A
o
W
CC
o
(OV)
V3dV
c
NI
a,
c
Cki
a
ai
c
ai
a
Si
A
\
\
N91S30
'1,31:1V--
M
-
_
INI0d
N9IS30
N
—
Z P
v> a
_
.
c
=
_
1—
Z:ioz4z4
ozoaa
\
\
w
C'
I—
_
'�j..T
: N
N
d
$
X
N
IS
*
o
en
fr.
970217
cc
cc
3
'w
. J
•U
Z
'U
W
U)
W
O
Q
z
\a
CC
2
O rz
cn
4
•
•
•
u7t7, do ONh i o140/ b
1
•
•
- -•
-
•
•
_. _.. ;..-
. I
•.:I..-.• ........
{
:=..-O: -_ --- -:.F; _ F... lit ..
�': —-
_- _}. _'�.=... ......._-..I___.,_.:. ...... . _.._.... . .......... -
I.:.:::.:.: ... '1..
. •I ���_.r _.� :... .:::_ i• _�
• : , . 1 777-1-77T— r---77-1 ' I-••, ` . 1 (X ;
I,........ ..
•
9 I. .....
2
_.....:: _
4-4.4444
•
•
•
•••...., iil�l • ,i-i•`H�.i:•,•.,.I .•.� ,•,, .• ••-r i�. .,iVOW,' catt7/..e1 .
•
•s
•
970217
•
2 BUFFALO RUN EST, 12-1N-66; FILE B
UFFRUN.CUI, ELL, 5/5/96
01 5-YEAR005 1.37
02 100-YEAR100 2.61
010102050BASN AOO1BASIN A
.0097.0852 .019 04.0 .013 66.3
5.0.0007 1.0 00
010102050BASN B002BASIN B
.0125 0.14 0.10 04.0 .007 44.3
5.0.0007 1.0 00
010102050BASN K003BASIN K
.0398.2841 .095 04.0 .017 33.5
5.0.0007 1.0 00
000102050BASN H004BASIN H
.2031 0.85 0.34 02.0 .019 00.0
5.0.0007 1.0 00
E
Page 1
0.40 0.05
0.40 0.05
0.40 0.05
0.40 0.05
.1 I era
.rC21
...., .,. .:.A.1..1: 1WJ1Y1W 1N JMV:.13 lraa
GRINS OKidl man 5QaCTL ■OR ruts BASIN I9 0
9O93AL0 MOM Y9, 13-LI-99: 9ILB WITREOLLQI, ILL, 5/5/95
970217
YEA OF W1N UMEITI Or WIN DIST TO C@ITROIO IMPERVIOUS AREA SLOPE UNIT DURATION
(vial (M) (C) (PCT) (rt/rT) PIN)
.01 .09
.02 4.00 .0130 5.00
COMICIENT cOBITICIENT
(HEft1CTINO TIME TO PEAR) (RELATED TO PEAK RATE or RONOrr)
.160 .159
CALCULATED UNIT RIOROORAPN
TINS TO MAX TIME Or OONCQRMSION PRAM ANISE or EONOrr UNIT EYOROHEIIPN PW VOLUM Of RONOfl
PIN) DCID (Cr3/3011I) (a3) (A[)
16.56 66.30 505.50 4.90 .52
••• NOTE : THE TIME 20 PRAM IS CALCM ^• WED ON THE SINS Or CONCENTRATION PROYD 2 Sr THE 0SSR,
REPLACING THE ONE COMPUTED BY CURIO (TP. 3.65)
COTE AT 50 . 50. MIN. RIOTS AT 75 . 31. MN. 250 . .15 175 . .20
RAINTALL LOSSES INPUT 2/ WIN DATA ..
MAX. f0AVI005 PNi. . .40 IN. MAX. INSRRVIOUS PNi. . .05 IN.
INTILTRATION . 5.00 IN./HE. DECAY . .00070/35CONS ININIL . 1.00 IN./HE.
TIM OMIT
EYDR00NIPN
SIIQ VISIT
EYDROOAA➢E
0. 0. 75. 3.
5. 2. SO. 3.
10. 6. 05. 3.
13. 3. 90. 3.
20. 6. 95. 3.
25. 3. 100. 3.
30. 2. 105. 3.
35. 2. 110. 3.
40. 6. 115. 4.
45. 3. 120. 4.
50. 3. 125. 4.
53. 3. 130. 4.
60. 3. 135. 4.
65. • 2. 140. 4.
70. 3. 145. 5.
WIN ID: BASH A -- WIN C01B®IT:
TINS UNIT
BYDROGRAPII
150. 5.
155. 3.
160. 5.
165. 5.
170. 6.
175. 6.
160. 6.
105. 6.
190. 6.
195. 7.
200. 7.
205. 7.
210. 0.
0. 0.
0. 0.
WIN A
L• STOO( NO. . 1 •••• OATS OR HETOHE PERIOD . 5 -YOU
IMCR10®R TOTAL STORM INGInODIT TOTAL STO01 •
TIM RAINTALL =MSS HYDROOPAPT TIM MINIALL C[CESS EYDROORAM •
Dan.) (IN) PRECIP (Cr5) (MN.I (IN) PASCIP (CII) •*
0. .00 .000 0. 5. .03 .000 0. •
TOTAL PPZCIP. • 1.50 (1-ROUR PAIN . 1.37) =CAS5 PSICIP. . .050 IMCEN$
VOLUME Or INCEST PRECIP . O. ACHE -FEET
PUS 0 . 0. CIS TIME Or MAI . 215. MN.
INIILS . 3.00 IN/HE DECAY • .00070 MIFF . 1.00 wet
IPX.PIRV.NST.. .40 IN. MAE.IMP.HET...05 IN.
RATIONAL r001WA C . .04
I . 1.3 INCHES/SOUR
970217
BASIN 10: BASH A -- BASIN COMMENT: 9A9IN A
.• ST091 N0. . 2 9444
OATS OR RITOMN PRR100 . 100 -TZAR
SNCRE®it TOTAL STORM
t25E PAINPALL ECCMSS NTOROOMAP2
(M0N.) (IM) PRSCIP (CIS)
INCREMENT TOTAL STORM
TD6 RAINFALL C(CRS9 NTOPMBIAPN
pan.) (IN) PRCIP (CPS)
0. .00 .000 0. 120. .03 .001 2.
5. .03 .000 0. 125. .00 .000 2.
10. .09 .002 0. 130. • .00 .000 2.
15. .12 .005 0. 135. .00 .000 2.
20. .21 .004 0. 140. .00 .000 2.
25. .37 .014 0. 145. .00 .000 2.
30. .45 .233 1. 150. .00 .000 2.
35. .37 .203 2. 155. .00 .000 2.
40. .21 .062 2. 160. .00 .000 2.
45. .16 .022 2. 165. .00 .000 2.
50. .13 .007 2. 170. .00 .000 3.
55. .10 .004 2. 175. .00 .000 3.
60. .10 .004 1. 190. .00 .000 3.
65. .10 .004 2. 105. .00 .000 3.
70. .05 .002 2. 190. .00 .000 3.
75. .05 .002 2. 195. .00 .000 3.
90. .03 .001 2. 200. .00 .000 3.
95. .03 .001 2. 205. .00 .000 3.
90. .03 .001 2. 210. .00 .000 4.
95. .03 .001 2. 215. .00 .000 4.
100. .03 .001 2. 220. .00 .000 4.
105. .03 .001 2. 225. .00 .000 4.
110. .03 .001 2. 230. .00 .000 4.
115. .03 .001 2. 235. .00 .000 2.
TOTAL PPMCIP. . 3.02 (1 -MOOR RAIN . 2.61) ECMSS PRSCIP. . .557 DICERS
VOLUME or 600395 MCI(' . 0. ACPM-PERT
PMAI 0 . 4. CPS TIM OF PW. . 230. MIN.
INTILT.. 5.00 IN/ER DECAY . .00070 PMINP . 1.00 IN/BR
NAY.PMRV.RT...40 IM. )PN.IMP.RT.. .05 IN.
MTIOML POEPSLA C .
.19
2.5 MGRS/MOOR
6.2 ACRES
I. CTS
970217
4 NASA OF WIN LAMM Of WIN DIRT TO CENTROID IMPERVIOUS ARRA SLOPE OMIT DONATION
(SW) PC) Da) (PCP) (R/9T) MIN)
.01
.36 .10 4.00 .0070 5.00
COIFIICS@aa COSrTICIINT
MinECTI303 TIM TO PEA[) (MATED TO PEAT RATE Or RUNOFF)
.140
CAzCOIATED OMIT EYOR00MPC
.165
TDa TO PEAS TIM Or CONCENTRATION PEAR sari Or RUNOFF OMIT RIDROGPAP5 MAR VOLOKI Or 90N0rr
(IN) DIN) (Cr1/S0♦I) (Cr3) OAS)
10.56 44.30 787.29 9.54
.67
.0• MOTE : TO TIME TO PTA[ 113 CALCOIA1153 RAM CV IM TOM Or COMCOITRATIOM PROVIDE, BY TEE OSSR,
REPLACING TIE ONE CORBVTt0 IT =RFD (T9. 6.27)
NIDTI AT SO . 34. MIN. MIDST AT 73 . 20. MIN. 130 ..17 175 ..23
RAINFALL 203945 INPUT W/ WIN DATA
MAX. P1NVI003 NAT. ..40 IN. MAX. IMP426,1000 NET. . .05 IN.
INFILTRATION . 5.00 111. /Q.
TUN OMIT
EIDROOMPB
DICAY . .00070/SECOND EMAIL . 1.00 IN./BR.
Tat ONLT
STDRODUP5
0. O. 45. S.
5. 6. 50. 5.
10. 10. 55. 5.
15. B. 60. 5.
20. 4. 65. 5.
25. 7. 70. 6.
30. 7. 75. 4.
35. 6. SO. 6.
40. 5. /5. 4.
!,. STORM ND. . 1 S*1• DATE 0R RETURN 9481100 . 5 -YEAR
TIM UNIT
ET0RO(EAPE
IRCMDENT TOTAL ATOM
TIM RAI WALL ETC13S IUD ROG AP5
I MIN.1 (IN) 9MCI P ICFI)
90. 4.
95. 6.
100. 6.
105. 7.
110. 7.
115. 7.
120. 7.
125. 7.
130. 0.
INCM®1T TOTAL STORK
TIM RAINFALL tACI35 RYDROGRAPE
DIDI.) (IN) PRICIP (CM)
0. .00 .000 0. 5. .03 .000
TOTAL PESCI,. . 1.59 (1-5005 RAIN . 1.37) tl®SS PMCIP. . .056 INCHES
TOKIO Or taCrss PR2CIP . 0. AaE-EBIT
PTAS Q . 0. ON TDR Or FLAK . 130. MIN.
INTILT.. 5.00 IN/RR OSCAY . .00070 111112 . 1.00 IN/RR
MAY.PEAV.PIT...40 IN. )P1.IMP.aT.. .05 LW.
RATIONAL P0IBOIA C .
A.
0 •
.06
1.7 INCUR/ROOM
5.0 Aass
0. CH
967021
110104 NO. . 2 6*** OATS OR RIYONN PERI00 . 100 -YEAR
INCRSI®IT TOTAL STORK
TINE RAINFALL EXCISE EYOPOORAPE
eIN.) (IN) PRACIP (Cn)
O. .00 .000 0.
5. .03 .000 0.
10. .08 .002 0.
15. .12 .005 0.
20. .21 .008 0.
25. .37 .014 0.
30. .65 .233 2.
35. .37 .203 4.
40. .21 .062 5.
45. .16 .028 4.
50. .13 .007 4.
55. .10 .004 4.
60. .10 .004 4.
65. .10 .004 3.
70. .05 .002 3.
75. .05 .002 3.
IRCASIRIT TOTAL STOP))
TIM RAINFALL =MI IYORO0RAPE
(MN.) (IN) PRECIS (CIS)
80. .03 .001 3.
85. .03 .001 3.
90. .03 .001 3.
95. .03 .001 3.
100. ' .03 .001 3.
105. .03 .001 3.
110. .03 .001 3,
115. .03 .001 4.
120. .03 .001 4.
125. .00 .000 4.
130. .00 .000 4.
135. .00 .000 4.
160. .00 .000 4.
145. .00 .000 4.
150. .00 .000 4.
155. .00 .000 2.
TOTAL PFSCIP. . 3.02 (1-1001 MIN . 2.61) OICE53 PRECIP. . .587 INCEE3
VOLO@ Or RXCISS PESCI? . O. ACRE -FEAT
PTAE 0 - 5. Cry RIM Or PEAS . 40. MIN.
INfILT... 5.00 IN/R MAT - .00070 'HINT . 1.00 IN/®l
RIX.PRRV.RST...60 IN. NAX.INV.RET.. .05 IN.
RATIONAL r31001A C -
.19
3.2 INCBLE/SOOR
9.0 AGREE
5. On
970217
KASIN ID: EASE I -- BASIN CDMOMIT: BASIN 5
ARIA Or BASIN SERUM Or BASIN OI31 TO CENTROID IIOBRVIOOS AREA SLOP! UNIT DURATION
(SUC) NR) (ML) (PCT) (FT/17) Nan)
.04 .29
.09 4.00 .0170 5.00
O0MICIrNT COIrnCIENT
(RSrLPCTI1q TIME TO MX) (Er]ATRO TO PEAS RATE Or I7)
.166 .197
CALCVLATED OMIT VYOROURAPM
•
TI,. TO PEAS Mt Or NNCMNTRATION PM RATE Or ROMOrl MDT MYDROORAPM PM VOLUU Or RUNOFF
OCR) (MM) (CFS/SOMI) (CrS) (Ar)
9.58 33.50 1240.00
69.36 2.12
••• NOTE : TEE TIIU TO MR IS CALCULITRD WED ON TER TIME Or CONCENTRATION PROVIDED BY TER USER,
REPLACIMO TEE ONE COU0Y® BY CUEPD (TP. 6.67)
MOTS AT 50 . 24. MIN. RIOTS AT 75 . 13. 9®I. 130 . .21 175 . .29
RAINFALL LOSSES INPUT W/ BASIN DATA
MAX. PERVIOUS RET. ..60 IN. MOB. DIPERVIDOS MT. . .05 IN.
INFILTRATION . 5.00 IN./ER.
TINE OMIT
RYDROORAPB
O. 0.
5. 37.
10. 66.
15. 37.
20. 34.
25. 20.
DECAY . .00070/SECOND EMMIL . 1.00 IM./ER.
TOO UNIT
EYOROORAPE
30. 23.
35. 21.
40. 10.
45. 16.
50. 14.
55. 13.
WIN ID: DM S -- BASIN COMM: BASIN 1
TIDE UNIT
BYDROBAPN
60. 11.
65. 1D.
70. 9.
75. 6.
60. 0.
0. 0.
STOW NO. . 1 .... DIM OR RSIOBI PERIOD . 5 -YEAS
RZMCPCUNT TOTAL STOKE INCA@ONT TOTAL STOW
rue DAINrALL EXCESS EYOROOUPM TINS RAINFALL C[CSS3 MYDSOUAPE
UN.) (IN) PRRCIP (CrS) OCT.) (IN) PRMCIP (CPI)
.00 .000 0.
.03 .000
0.
TOTAL PRSCIP. . 1.59 (1-E001 RAIN . 1.37) DOOM PRICIP. . .05$ INOOLS
VOLUME OF MOMS PRECIP . 0. ACM -MT
PRAM N . 1. OR TIME OF PRAT . 30. M.
INTTLT.. 5.00 IN/ER MAY . .00070 !WIMP . 1.00 IN/ER
MAX.PRRV.RIT.. .40 IN. IUX.LU.RST.. .05 IN
RATIONAL PORMOLI C
.
A.
0 .
.06
2.0 INCEL3/BOOR
25.5 ACRES
2. CrS
970217
AREA Or BASIN LfOTI Or BASIN DIST TO Ci1IBOID INPSRVIDD9 AREA 3LOfl UNIT DURATION
(Spa) Oa) Da) (PCT) (IT/TI) Dal)
.20 65 .34 2.00 .0190 5.00
COSITICIWT COSITICIINT
DRVL2CTIN0 TIIR TO PRAT) (RRLATTA TO FLAX RATS OF room)
.136 .263
CALCULATED UNIT RTDROORAPN
TON TO PEAR VW RATS Or Roworr UNIT BTORO®ARIL MAX VOIDER Or RDNOrr,
OaN) Icrs/5Ra) Icrl) (Al)
15.82 157.81 153.92 10.03
MOTE AT 30 . 40. NIA. MDT! AT 75 . 21. NMI. RSO ..26 RTS . .33
RAINFALL 109915 MOT IN RAIIN DATA
NAY. PERVIOUS NIT. ..60 IN. MAX. IIRSRVIO03 Rai. . .03 IN.
INFILTRATION . 5.00 IN./RA. DUCAT . .000]0/SP.COID FNINFL . 1.00 IN./ER.
Tas UNIT
IrDRODEUP!
TIN UNIT
OYDPOOIWB
TINT UNIT
EYDROOPAPV
0. 0. 55. 63. 110. 16.
5, 55. 60. 56. 115. 16.
10. 126. 65. 50. 120. 14.
15. 153. 70. 44. 125. 13.
20. 165. 75. 40. 130.
1.
25. 126. 60. 35. 135. 10.
30. 115. 65. 32. 140. 9.
35. 103. 90. 28. 145. 0.
40. 91. 95. 23. 150. 0.
45. 79. 100. 22. 0. 0.
50. 70. 105. 20. 0. 0.
BASIN ID: SASH ■ -- OASIS COMENT: 3ASIR E
STORK NO. . 1 •••• DATE OR ASTOR, PERIOD . 5-TIAR
INCIDENT TOTAL STONI
TON RAINFALL XECISS ■TORCRIAPI
MIN.1. (IN) TRACIP (Cr,)
0. .00 .000 0.
5. .03 .000 0.
10. .05 .001 0.
15. .12 .002 0.
20. .21 .004 1.
25. .34 .007 1.
30. .16 .003 2.
35. .06 .002 2.
40. .06 .001 9.
45. .05 .001 2.
INDE)DIDIS ' TOTAL STORM
TINS RAINFALL EXCESS IYDMaWPE
RCN.) (TN) TRACIP - (CIS)
50. .05 .001 2.
55. .04 .001 2.
60. .04 .001 2.
65. .04 .001 2.
70. .04 .001 2.
75. .03 .001 2.
B0. .03 .001 2.
$5. .03 .001 2.
90. .03 .001 2.
95. .03 .001 2.
TOTAL PRICIP. . 1.59 (1 -POOR RAIN . 1.37) DRIS3 PRECIS. . .029 INCURS
VOMIT or D(Ciss TRACIP . 0. ACRS-RIIT
REAR 0 • 3. Cr5 TON Or WRAC . 40. )al.
INTILT . 5.00 IN/RR OKAY . .00070 !MINI • 1.00 IN/ER
)RR.FERV.PST...40 IM. NAX.IMP.RST...05 IN.
970217
'• maw N]. - 2 •••• 0.6.214 OR R92UPN PERIOD . 100-72M
SNCRSI®12 TOTAL 310931 INGROWIS TOTAL STORK
TOO RAINFALL 520265 fOROOAPR 51105 RAINFALL 01C293 nDRODpApf
OCR.) (IN) p9RCIP (CrS) (KIN.) (IN) PRHCP (Cr6)
0. .00 .000 0.
S. .03 .000 0.
10. .00 .001 0.
55. .12 .002 0.
20. .21 .004 1.
23. .37 .007 1.
30. .65 .225 14.
35. .37 .200 41.
40. .21 .059 63.
45. .16 .025 76.
50. .13 .004 71.
53. .10 .002 65.
60. .10 .002 59.
45. .10 .002 33.
10. .05 .001 47.
15. .05 .001 42.
00. .03 .001 37.
05. .03 .001 33.
90. .03 .001 30.
95. .03 .001 27.
100. .03 .001 24.
105. .03 .001 21.
110,. ' .03 .001 19.
115. .03 .001 17.
120. .03 .001 15.
125. .00 .000 14.
130. .00 .000 12.
135. .00 .000 11.
140. .00 .000 10.
145. .00 .000 9.
150. .00 .000 O.
155. .00 .000 7.
160. .00 .000 6.
165. .00 .000 6.
170. .00 .000 5.
175. '.00 .000 3.
TOTAL 2RICI2. . 3.02 (1 -HOUR MIN . 2.41) 60{CRUS PRICIR. - .541 i)ICHR5
VOLOO or SOWS PRICO) . 6. AOO-WHYS
PYH 0 . 74. Cry TISO Or MAX . 45. MN.
1NPII2.. 3.00 IN/Q DICA1 - .00070 min . 1.00 TN/Q
NAR.PiRV.RSS.. .40 IN. NAN.DO.R1T.. .03 111.
D.D.r.C.D. COUPO =MO ANALYSIS HIOL9THD ON DASH 05/03/94 AY 37105 06:44:29
CUNPI/2C 79152040 NODInHD IN JANUARY 1905 TO WRITH OUTPUT r112 Or 6TONI IYOROOHAp3S POR SOUIOOOR
Cal WISP )RLTI-PLAN nowt ROUTING 800717925 or HfC-1
RUrlALO RON EST, 12-11-66; nn NrrO®I.CUI• ILL• 5/5/94
HO HYDROOAfl VALO15 1OIII {IRI7TH11 TO AN OOTPUTRLI POR THIS RWI Or Cone.
970217
a
O
•
.:
L...
.•
•
PEA—Kj
O,SG.IA
....
.,
• ° ..
Sx
.3a
`
.
.....:::.::.:
�-�-
._ - �.
I„
��
_
_ i
'....-
}
}_..:�:
�......:.
...............
—
---%
---• ...::.-:;:Exre$s_
•+lac?
e -A
77..-.1-1:7...
_'Pr.:7ATIO'�_.--
:j:
.-.:• t-..
ala -T
•
:i:
:;:._:�:.......:
is•�:......:'.....:;;
_....r.
:_::...
•_
' -•_-—'
_
....
.
...•/0
-
•••••:.•2O 30
, :
4Q:
go
60.
4 re4"
:
:
o -;::
•- acre5
..
..::.a0.....
..... - - r
:::
:"1343.::..:
:.... .
_-.•-'t'ti'
:......
..
-
:- • :l:• - I
i :.
:;
a oy
4
.. .....
�
. •:.
�a' fC'
:.:is
.: 4„
•
• ......
::P. Xeres
: ...
'
1
�►►e ci pi 4 1,dli
r--..
�
:
-
-
...
-
•
-
- = - • :
- - :
--•-
---.
—..
-
-...77:77.-
:: OrE.
777
.:ExCi5
:......:.
' •Peectp
�r
M
— :
j57t:.0rwo�-F
: t; _
—
.:4.. •j
:.
— - -
easy,/. . jib:'
•
...-.....
•
- --_:-.--t
tVet-.-
-
,_._...
•.,
- - , ..:
.........
!
•4c- l`30
.......�• .i....
-
_.coos.
..I- -
..
p({.::Q_
._..t.:-.
7:777.
4_
.. .: :'...
j-
Z _ r ��C
7777. ... 7••
'• ,
Y_.. . 777
r
_::_. -.777 _
i.
(.
:. .
::..
�i::..
:........
"77-771:7777•.
:':: ,
-��
♦ y
,• ..
777•
;`...
",
...t•_.
g.
r .., n"
:.:••..l:-•.:..:
::::':[•••:,."....
...
777t ..
1
:T: :..
,7777
...
,..
:_lam
." ..1.
t.,...
•
'
'h
.-,._......
..:
:....:.
.:......7.-•
....
.._.
-....
-..:t:
....
..
_
.._:�::_
777.7 .
•.—
._
..'-r :7
A..
:-.t.::"
1
t' I
•1'.
-
�:.}t:
;-r:
._..
-:.
. t.
.. ..._
... _
....
:::.:
•_..
777 ....
.-
•..�...
777•
-.
. _
-
: ;
.. .
_
: :
. .
7717 ;:
•.t. 7777.
..r.L.LL
-
...
.V.::::.1"_::.i.:';:=1.;:::.:::":"::::',.:.:!.::::::
.1 if
7777. ��._ rr: .t.
1 . .. .._
7777
:�
.._. _
.tt.
••-
.F. '!
7777 t.. :I
97O,?7
POND A
•:....�.. ...
• : • /00-yr.:.:Yol-
- : .
.z)::(u.o`46z):
= o;z9
•
.-�4;. r"f ..
..:.
.....:
.......
Elev.
...t:.
'4req
..: ..__
1=:,
:..
-:::
F i/dl
'•
.........
I ..
•
I
.... ..::.":::46:0
:....
4 5.4
......
q ..
Z4,oar.
- -
,
3,zod•.:......
a
..
.
0......
3,Zda
.
..:r.:.
.... • - *:
::..
:-::
•
I -
.... ,
.:47A
. , "_ _
l;.S4n:
•
SO4• %
...............
. ...
_4.7,7$7_•••_
.:+.
F- _.
-_ —
-__-_-__._-...........-,......_-_-,..____"-_-1___.---.
•[-..
III -
-:_:::::....L.::_:.:_-_:._:.:..:_:.:1:__-_:........_
_......�._:.__
.::_
_ __.
•
oC3_
Lrl.,•
nel��..E�
- :
S046••Z
: / :
i
O
.....
-
:.
.•
..
:......
,.._
: '
_77
:M;hi.�+.w.;;
. F;,,.:F1..:ei
: ::f5,47,2_
. -----
s .. .:.
..........'
..
::
.
.
..
.•:.•
:..:.......:.::I.._..
:;:.........:.::....r....
.
.....•.
�
...
... ...
.........
..
....
... , ...�.....
...
... I - -..
:l:
..
::.:r:.
:r::::
:'
:.-
:::
:::4:....
.r::E....
t:.•
....
:i.
....
... ...
..... .._.
... . -'--
..
:ir
::::1.:::
.._.-._:!
:r:rr:::
...-r:::
: :t
970? 1.7
I •
poND "3.;
, •
.::. • . _ ::• .:!.!..i.16?) -..:/OD —yr., , vc,1
�: (£7.o,gc)
....
(
is
0.444Z
.:. ....:.::..
.¢c.F�.1¢c'1.
'^...
• ....;:.
rte -Ac
:::.:.
Ft
•
- -.-
• --
._
E/G✓J
. ..�
_i__ (, ,.Vo!
•:l_
.:::1:_..
. ..:.:.
``Z✓QI
7
7777
..
�73aca:
.....
:,.
:214op......._
7
7.,.i' OD
:�:.
:.. a•........_
1•
r
48.0
:�;:
• .........
::.. .....
,:F:.
_._:f:
::::1.
.._.:'......_
....-.:
_ .:_
:r:.:
..:_:::...
;+:...
:;:
-:-:
... . :':.:,
...
...:[:-_.
.
...-.....
...:4...
...:."...
...•E"...
....-
•...
4
:477.8_
•..rim:
+--r-.
1.:
• .w -r.
::::-
•!:
...:1',
r-='�
-
- -�
-=;r=�_
aac�
�
:_::____
_i ..
::::r:::'
:;::0
r.Pa04_:.
_:f,dav:.=:,�o8p4:,oia°4..�R�,oieE_laa40_�,ioo'��B,a�o_�:M,,soc:_
7.
:::::::.
;_..
.:::1
.....:.:::....
. .
I /o
, tk ( ad
El `.=5°4.78
•
t.
.....
,. ..
... .
.
.�
-•«--77'77.-..-'
...7777
...- -_'' ----
,
--,: ..
7:.-
..:'I:.
....
-.._
1777---'---
•
--------
--i-
.:.. ..-
-a.•.•
---
_;:........i:......._...
-
--"
..1......:;:...
"
"�---,
---_::,
I:...
..... .
... , � . 7 } ..
--
.................:
--': ----
7:77 7 ;-..
--'-'-'
...!:....
--7
. "•
.1:.
•• i•
....:...
.,
7 77 7i��..
�.. ......
_. .77;7777:7777,1 �...
..• .:••-":;:.......;
- ..= -'
:
•, ..
::.....
_- '• -
:..
' ...
'7777
..
._, .
7. 7'•. -
:.............
.-7,77• 7
. 7 ...
...:I:...
7. : ..*
....,.
...:
::::
.. :i.
...
:..':H--F
.........-,,...........,
:.�_�-__._1..2.:_-.2.1.__.___....,.."..
•
_t•
-
'E
i.:::.1-••••7..,...
=4. ...
t
.,...
. .. ..
..
...tp
_I:
-._
{... �:...
7r
•:
..
:::4::::::
._
7777_
r
7.77 �..
.,
F•�1
7
-.-.
• 'I:
.. .. r....
...
�•
.•
-
- -
:;;
-
•
•F.
:r•
7777
_.-_ll:"
._.
.,'
_.:_i._
•• -_-
:f.
7777
7777..-
t.'
:-_..
._.: :
-.
y .
, -
i:
.1..
rlr
F T
::'.
....
-
'..:J.
..
r:
-
- _
•:::•.:•-1:::
___
_ :....:.-.:Y...
F:
:4
:
::::
Iv.; r:
.•••••[-.-.
::...-:-.I.:1::
:•......r•-•••
-:
..-..
-'.-:.:::.L.:-.
r.:L
:.-.
..
... .
....,..
970217
•
t
:
•::.=--
:• 0'Are*
._ _ S
ioo r ' V
�4uQ5
ichne.. �_._•
'•;�_I•.._.::...'::.-.
........ ::...:'...
. g S �..�?-046__._. t.- r.F /4� ' ' .�1_-..l�o_At. 'l
•_.4t
•
,
.i..
:;:
• ,
I.
77-7:•0..
...•..
=I-� -
.. ._.
• -O
.......� ,
. .i..::_-;.=e). ;..
..:I_ '-
_r:::_
:
- _
�� a-ao-:.._
_9.073
.._-•--:I.?
.i 3_ -
:::::
._ .
_ .:.
.
._.:�:
_J_
...:=
_'' 7. _:D_-
•'"i
_4000'•:5,,34,2:
4
eo !: /POO+4
- : :F;aeo �gooQ::.o;toe:___
..-.....
.
:. .
_;:--_tou=:yr::pOA.:�41d
e
:.:-_.__:Sa4S=8�.._:....:....
--- .- '
•:......:.::::::'.:..::}:::::::...:...r........:::::::::::'.'::
--
-'---- = .14.
c,,
P1.:_._
£1:___
-
- --7:. 746; $_._._.:_.•::::::
..:.....
......
-• -
-..:..
:.::
..._. ..
..__:ice
��..
-
_
- _
::
�f:
T.
_--
/ <<
•
"D'' '::.. :.:::
:..: '. :...; :_.:.:
�.. ::.:..
_--- i POND
_
•
' 4.-_____='
'•''../4/".
I t
:. gt cr 0.S I :... :..
.:.... ..
I ..
... ... f :
- -'
• /4/.
... _
i •
• • /00 .. yr: • vd ..:
' :::�. ;: I
= • (2..0.4). .. -O.
! ....:...:.:::..
0.462
::.
Qc pl.
i::•
/ Ate. �.'
I '•
• :o..0 .�4�,Ft`.
:: 9
—...''44;0 5CM.P.•
Ele%
_
�rtt
•• •I
•
... 7 , ...
i
'a:..
•
. o
•' ....t.
..:....
is �
:.:..
::
S¢:......:F:._
•
S400•....:
S
Sao
.
.... ..
;yyd_.
;....
-==-.--i::.
---
.
...::.
..••
:
:cam
�.... ,
--
-- - -
:.::.::..:i:
:
.......
•
---1 .--Lt;e
• • •,4;I�
Xf FL:s
...
.:...:.
•
•` - f - - 7r.
........
----�----I-
::..
- •
'
....-
• ....
...
:
_�:::
:
: :,'' ::._:.i::
•::::.::_:.
'7-r;.,
.._l. •
I-,
.
::. • tt::...:..
-_: :...-F.::.__: -1
•
-
'::
... I
::
:;:
:i:
:1
:•
:
is
..
:...._...
. .. •
•-:•..........-I
1.L11.hi
•-'' ..
'' .
:.. • :.....L
.
".::::c
--:i+
...
_ ... ::.:::
::�L:-
v:::
_:::-'
I••
:1:
::::t
.'I
970217
;.:_...._f••
._ :: _. . s %-7_..
: i .. f3k. s;.n- F ..: 2_? .k 1( . -
.
/.oa-dL
r._; ./3:9..Ac ... O::a. .. s
1.
`tt
' I7-2 `3
.......
I•
S3 1,ddo .S'f3: S3� ..4.:.: . .
•370 aD :. : illZ:.• 75.5,75.5,_ ...
777:77:7 77:
•
973ek/4.:=::.:.........
f.
ks7
.I......
... ... .,
i
.::I.:..
-- --
Iq doO___: -2.9.104.4.-...:-.1: 3e. Ow.. • • • , .... 49 0_w
•
= .3-0,040
: : • Tqc
. : - .. ::.: /QO yr� llpaq '
b!...E% -_SOS4..Z
FF
•.. •
.:• ::..:
•
._-.-f_.. ...
-�. -
- ...1._.._
....�...
__.._-
...
... .:
....fir...
I±1
.�....
. ... -
__••-
•`.
,:..:
-...
.__:
..-:I:.. .
:::F::::-::::
::..
..._
-.
�:..
::-1:.,;
_..
-
9'70,7,1'
f0
PavD (.GFr5 /rE A4E.4 wEsr p,evea_rei Aid ofro5;1c6a s:ti ._r1
• •;...
`
` Are' •_. .,/
u. c. ' r' .... ,
_7777•
..
__::/QU.::/i
0)1004e.. "- o3'S.4- 4r.. ( o.a46Z /4-c.�i�-. /.lc) 2. 6. /‘.4c.
:.-
-
::...
-..-
. :--
--4.
77 ._ _
:
:__......;.
I
! Vol
�.: _ : _: _ :
:i.
i 77 77_
.........
.
• • • -
...
-- -
Z.
•
- _
....•
.. .
__-i__..__._ _...-; ..._
o t �^: �
^
^ o
..,,,..
:.
........
.777.7777."
-..�
:,7-.77:777:T77..:...
•
:
.
t:.....:.....:r::.:.:::..:::.8$:-.
-... •:
""
•H.....
:83. _•
.
... ¢78ao 7`X.7
--_. .1¢6,000 81 tot
776.7
it
S
,
777;7:::
:^' 7'7
_
_ _7777
77:...
..:.-•:7•
._....:.
::-
eS: -'«;.'
X17
Zru•,aoo__ • sta-••
.......
7
���_
:I:...:84.:::.........:
173,�t1-=::•t7l4
�L�t�,�5^:............:.
•_ _,
_77.____
: ::i
-
-H—
•
-- --
_•
:
: _ Ezss--
_
7
_ --_-
.:!
.:::..:
_::...-
_�.-.F_
i�.:.#
• 7777_:
.!
..:
.....
:�::...
.
I:.�
7777
.7777....
._ : ;..
.-:7'777-7-777-:-
.7 7 ...
:..............
-
--.: -.7•77=7- __7:7:T:-.......
• .
:--,
-- - -
--
...........
.....
.... .
.. --
:::::..::::::..
'7777:7=
,
8�i
.,..•
......
.......
_•:•
•
• I:-..1:.. ;:...
..:1:-.
::..:.
:.......
•
... . ...
........
:......_.
.- ••- .
.-.-4:...
,'
•.......
.,....
•
........ • ........
..:;:..........
..
:. •
• • . • • •
•
.:.:':-:f
:.::::::.:_.
:
tE3::
- ..,"...
;- -
.. ..
::: 77 77
;'
t: .i...:;i4:•:
• - ,7777 - -- - -:}:777
.
7777 _:;. .. .. :I..
•:��
: ;7777
7.. _7
...
. 777
.....:..
- :
.......
.. _
• •• ••
....
.. 777,7
_777 ZG8
77• •
7
Z
...
�-•• .
_:.
-�-
`:.• :
. •1777...(00...-:t.-...L_Pegk-4014-.1,..r_rY
:...:::..;:;
, ..
,:.:i:_:r:_ 7,- .
...` 77 7 ::
-7.777__ _�.. .... .:..
..:Sc�8.So�
7:1......
...•.
--;=.-
;
.=::.�
...
.•
'.:
-•• '...
,77 77
4If.tbefl
,
����
.. ... ««_.-.r_-:1:7
'r-1.•••____61.4.4°:
-�
.. .__71.77
:�...SaQ'
: j,0.:.
- 777
Cop .............
.
7-
-
.� ..-.:::.....
,
777 7.
777.
r77.: :7.
:
: is
...777;
•--
r
...,••••
.;. ..
•
...._..;:
: ::.
_ -•`y-.1
..::::::
:i; :.•7777::
:;. [--••-
`7177._._.—_777..
:-
'
:.�_:,
._. _
77 7.
:. :.
-_
•
_ _
....; ...
•
i _-_77 .... ,.:...:.::..
:7 .:- 7:77:
...
'777-7'
..
...
..-7.7 7 7:
r
-. 7
.
:
777-':.....---:...-
...: i....
7_7 7
...... ..
-7
7777,....
.. 7777:
7777 :
_' 777:•
•• • • •'
777: 777 77
• •7777:__:
. :
_7;:
._.:
..ft
•
77,77::
'
--:;:::_I:
_....
e:.
.. _4 :.
7777,_
..
...,'
. _: .:..:E_-...........
; --:...:I.:
• -
:-::x::.:1.
_•
--H
"i:...
;
..�.,.
.
...:I;:...
=7777.
...i:.:_
..::'....
....
....
=�
7.777 ..
....
......
�; .....
..-...:.. .._.,....
-
:f:
...:i::.
---:-•1.-
..
._:.
•
:..--
:.'.7-,
;.-c:.: .
.7::::::.
;:z.:.:;:-.:
._..
F.;:.
:4:
... ...
:......a:.......
�:,
...
=.:""7777-.
7777
..
.....:::
:
,.:
-r'=
''-
:I: -
970;717
-)
O
poND 4 , :::...I:.
/oa.±yr.Aim e._=
:...' .-....:f::::i: : }...; ..
'717777-
.
4.
..I. .-, ......
D.Z4 44 F ..._...
,
Vol.:.:
I.
6/01 7 :.........
_....: is -
•
Z . :T - .::: a ::.. o. . ..
4. 0:
777777777 .
:..:-.ii
.E. - - _.
. -
:20
•
•
-_-... _.13; W1
!S4
1•
•
• - - -
.... T:.
:�:, ..
rt''"�
"f
-c&s
�
...-, :;--4-----;tPoa:---4' ---..-It�eo::ht,.wdr' oa ...S4(6.- /41aoo:.- .:..,:.1._,._.7._..f7 ... _
--•
. ... .. .... ... . . .
'in .: Fief. . Ft., . Eied. sok6. 6
•
1. _ 77 7-.`277.. •." 7 . `i.--. ...-.I.7-. ...r!.: ...... ...
r:... .........
..::i::::
:1:
.:.:;:......:L:
*_»t.tY .if.
..'... :.. --r-
•
.7.7.77....:.�:.._
rtir
:1 ..:
..::;:::: ::::'::
:: ::: : •
.....
._.:I:_ , .1: : 7 :
r�
7777'7 7!
t.-
!Ii
dn�D_ % _..�-� Offs;le et&'eq _ a#1,es cr f /'uae/dK.. •)1%, _ L 1; 2
7777-7777 77 77-----
•_ ..•8,.q.Acfs
• —•
t. 7. •::
• •- 7 7777 777.
.. . �. 7777. 7777..
7777= 1777
s
;.......:; �a3,5 es O � 7 .... a .._ :
` _I
777 7 ::: • • . ; • . -r ^4 } 7C O • :..:: . 33 ........ 33 •
7777.. ........... : • :. 177.•1 .. .
on:_ 777- 8, 7777.. 7777
.....
E.........
........,:: .. .
7777 .. .. _.
7,777,...
7777._ ;:.
717
=:7-:7777 --:
.. 7;777.
..... .
• ••• ........
771 77777
7777 �
O ZzL---- 7. ows._c�i!or:. oe 7777-
It
7777.. ..
..... :._ ..7777. •
........•p....
• 77:r `7`7 ...... ::.•..: ..,.. •,• .. _
' 7777.71:.: . _ ;:........._.....:;:_.......
"• .
.r--•• ... .
I.
7;777 .............•
...........-.77777: ... . -.. .7777- 7.... 7.777 77-717777
...
77777777
e
.7 ^}777.7-..:=:...:7777..:
7777-_,_ 777777:
...
777..7.- .-777.
7.T71• .:
............i:. .......
;7777-:: .... .......
7:71=7 77-777 77 77:7
.:.
.:.... ....... .
:::
... .
.............777777;777:.7....
,7777• ":'1::.':•:::
__..._f .....7-F: 7777. ..-T' •• .. ='E • .. 7i;--
777,7...
.. _.:;::: ;:.
77.77 -.
.......1...
•
,
.•.•••,• .••••:I...
;.... ......
...
r— i .. l:::.
i
...
.. r...
...
..7777..
.. .. ,
7.7..•77
7777,:
71
I........
7777,7777
•
-77.7r7777-7.77-
7777
1777..
.. I
•••• ••••
..................
-._-!'.._.....77*---'
77_7,7...
---
•I.
; -
..
-'77 77--"
7777;;...
...... ,
- •••
7777
�:
—_��
7;777.
_- _
1
. •".
... ...
;'..
I
...::...
::...
•
7777
-.:�..
7777_ -
_ :c:...
-1--_
:'I-
777.....
:.{:..........
............
.•..
7;777.::::.1:.::.....F.::
:
I
=
_:
7777
__.
:}:-,
t=......,
.,.
;::r
: :
•
. :..•
•••••••
_
_
...:r....._.........
.
, •-
I:::
.. i .....:�:...
.
.
:
:.
,7777
' "
? ....._:fi_......=
:1: _....:1.:.....:........:k:
_.:...._
••••
.........
`••.
7777..
_.
-7777
...
.
,7777
•...:#: ..
....(...-
:t:
...:{:...
....
:7T717... t
S:!
k
*
_
..:i
....
....
..
...
;
..
777- }:...
•
::::,:.:1:
:
::1:1:
:::11::::
970,2.17
?b
_ 7777., . 7777
_FUND HR•' ._.
{ :.
. . 7/¢roq rdleis i-----• :.Bessiy
17 :..... ". --4--- -
•
,.:
4/ 1440
I:- :13. S�¢c.;.............
17...
1-7:777:
. -.
alqm
r� .:.: • f:1' 3• Ac.. -:t
:, :: i. tY
�2....,.zaz4`
. : 7 777::: .•:1:::;::#..• :. •7777..: '
:,
3S1_;r
• - � -- -
-t. is ; :.I '7717 : �= -.. 1
ce—
:t:.- ..
77.77.-r--:-, .....:7• ..
7c✓
'OM. :.:::.. Va! : .'.. 1ldf ^ , ..
717, :,: 7.771.•:.
::::t•...:71100 • .. ; :.....:o
7777 . , .....
.:::•::::.I.:::::::....:....:....:::;7 4, _.
•
• 7777....6,e7777. ....• ...._....:.:,......,._
6
:!• . .t:
:70.
7• 77..7 -�•
::: ::.:70/ 0 7777.-..4_to1.4:.. , -•:f
7-777 =77-77
..:t:.:
.. 7177
. 7 7 7 7 .
EL64:'8 • . •
7777-r--`
:
•
::1
......I
:
;
I ..... .. .. ........
•
•
777717777
-•:T::
•
::...................
:t:
77- ;._.:._
f
��12_1244O
7'77' ::- _ i :_ ._.
7777. (. I' i
- lu�r000--la/4.0 .. 7777.�.N r..Otago .... • .-.Maid... •
77-77'77-
... . "!,
......
-777;- . 777;77:
Oo . .=fiO,ocD
-:• /06.:7r: 'Pali i•_. :E1,_= _:c4.P .-7. . ... .
- : Ii. r • Gt St a4,��* Ss
,. .:,.:::;.::: o 4..70. :wPS '►P�• n
u,‘
7777..
‘46evecf. • • •
444 Ft h
Flow_
::,::::
;:.:: .. ... .:.:;:... ... ... .. ... ......
-- --
_
-
•_ ^ •
-:
::: ,
-- :r:
_.:: _
:ii.:..L::
;
:: -_::_,
;:
-_i:...
—L_
77....
.. i:...
--
----77::
... 7777.
: l :...
...:t:...
:
7777
7777
...
7777.
•- :'
7777+�:.._
7777
7777
7777
_._.
- -.:.
•4•-..
7777 47777
.'
7777{{(•
...777..:. ::I:
.,.
--7r:77
...
7777
•--i.--
::
._
:1:
...:
-
•-•-
-
_ •:
••'I-_•_
,f:
7777
7777-
7777
7777
7777
7777_
:..f
:1r
7777777
t. r..
±
7777
....
.-_.
_1,t
_
•
-i• --
_.-.
,a.-_
!:. LIL:
:::rt.-•:'
::::
::
r
::::
:: :
:L:;.r: - ::-:
::; tt: :
::,:
::i:
-:-
::::
•!:
- 7777_ .
_
7777:t•.
`. .
.. _.
_r.
:,:
7777
":1
_.. _
I: ..
-
t: _ _ _
~:.
t-
.. .......:�:...
_
7777
r
.......{_...
:.:17.7:-..._I.::: :
- -
•r: : 1
-..-E:-_....:E:...
•t
_:r.
,.
:7•
=....
7777_ ..
_._ 7777
970217
7
7
RIND T :
•
- --
- :-
Vu•)
iuw�e. .. (lio. ;
••
c. r4&Z
i.
0_0Ac!#./#ey
.- .:.0 6.5 Ac P#
I
..
..
........
•. •;-&Iev;:. .-
:real
-' .
Uu'� , .: •••_•••._•___zli�1...:.:..::..I.
1
•....
•.:....,...-_•38�6A'__.
l.¢,94e •(4/135:.:-::::•
..f
..:.
•
..::.:..70.
_f
:
_
'�...
III•
•
:..
tec::::.:::
:..
'......•
.• ....['ILL-iadeo.
_ 7poo.:
..
-:....?x06410
.......
M{
--
--_:so,IVO:..:.:
----.da„ooa-::
:
:.
.a
r..
itiiii
--::::'II:L
•
,._-_.
•.
...�1:..__:-.-.�:
..�:
-;;...
....::
r• '
..
-
-.--..-......:.
.-1`..
;:
..,..—
• - ..•H-----------+
-
----
—Wit-...
--
. _-7
.•...-.
-
-: :. :"..4::::.::::t.::::,..;
I.
{....
...
♦
....
_ma•
c:......_.+
..
._..
_.........
•...
... ...
,1
970217
7777
. • _...
777 .. ....
$06.• .•' - :;: I75d:
( .3-S.A ..:•row: $oiisiN - 'I. .
' ..•_r ..; i, /3_O • 45... : 4..4....7 • $a S;.q :V . • .
.. � f
... --� -
• 1 ..:' .. I_ • .. r..VO IVMl era-(I6rs.�).�.(...-0_0 4,7,)'- O�/6.•_ile.I c7./�__F�_.Y--�..—_�
. 1.t; _. .• -7 •
..•
-77:1:77 -:: 7-7P"20 do Ate_ Is.1 •.1. « . ; ..• •........ ..... ...
7777...
:1::::...:: . ... , ..:•:.._.....
.
:_...::::�•:: •::: '::::.:78 .. .._ : dd� • t .... / 7 .- - _.....
I_:
— :' p:::.ao,:: ;......
_ 3�rSrz_ -7777.. �f :33 zoc
•
•••1.........,7777 ........... ..r�l:.
.._. ....�.... 7777::-•-
77=77 77773= 7-7-7
:.. r:...7777. /OCJ
7777,... _:::i:..... -
r�e04:a•._o/• •• 1 .. "•'.•_. :0• ...
777(7...
,7.507
•
I .... ••• • , • ••• . ...........
.._ ..... ..-7777.-7777__ -.•.. -• '`t:
1
..... ;: . :I. .I:.:: :..:'....f ...._j....... •
•.
:
7777 7:7:
I •
_ _- .r :_. -. -t:- • - 77 "
7,777 ....77 .........77...
..•••-1•••
:;: -. ---
;..
•
:I.
77 777 -77-7777r!777
•
::.
.--7--- ----
-..
:I:
.-77....
•:. - • • • •
:
...: 7777::...
... : 7777
:f: •
.:::I::::
'• 1
7777,
..::I_.::
::.:r: .... j:...
7777 !::: 7777.
:r:::.
::::l:.
:i:
t:_��..,
'777:7777 7:
•
•
r
.. .r. , ... , ...
•
....
....
777 777-7..
.... ..........
....
_.T _..: w
: Ta�_� W :.-
- 4
: ` � -_ �n;c: * • 0a.6: ;ICS... l a= o46Z:
• :1:.:boo:....... _.
• .:::I::::
:1:... ,....
1:::::. ;.... ....• •
/!k-) = Q 4891_A Ff :::-:
..:.... i: ... Z1y_33Z':c�
Cdr:::: 7-77 t7 -
.:wt ::
................
.1
777777 77
. •.I•....... ,.. ............. . :. !.� ........I ..... ::.... .
.. ...:I::::
Zti�:� c VA
777—'7"
::I:.::
...:.... ........
—7:7777 777:7777 :
::
•
7!
t:... :
7777
:I
:I:•
IE
970217
... • ....
7'777- ---77_.7..-
-
•
-......:1......._
• 7-
.,: ( �' -7777_.. 7777._._ ••.. ::
..:', .: I. ; 77 1...-... 1 -. : 7:77 ! ::... '7777
..
7777= .....:17.7:-.
::-
• .:: :1/.41
--
Feee/x0calc,! :: j • E
�= :.:�...
i...:
•
•:
-.
.....•
1 ! p;Sadlo. .; 777
-7-
r:- -.�...7-7777-:-77
I:
i
_
_.: :...
7777.. ..
- - 77
'
1-
-
�'
-.--
•
;::
i �• .-
7777 - - .�- -
•
-..'r� .6, - pS :::.. ..
::.
......•
,...
::.�
, .7—-:
7777. .
i......
.l.. L.
:...i:.
7777
7:777
.7777
:..
--
.. r
-_
. ..4. ..
_•
'� - 7777 /�: ai �f.
. P. .�?�,,.
.....
,: 7 777.
,
--.�.. 77;77...-.
�:.:.i::
.
...-..-
. _:=
..........
-•
... .
:....:::
.........
'
.-.
'
:7777
r �f4
::::'E' ._ .-.
1
:...
:....-�-
• ••••
.......:f:...
• ......
:::}
__:�:.:....:;::....:i:.....
:�::::•;
_.i:
_ ...
..
7777. 7 7 77.
.:.. - ; . -.
-.....:
.... .
�.� ....-.
•.....-.77
... ,
-
_:�:
-
•:;:•::t:::77.7:177:•
• •••••
�:�:�:
.:......:-L-2:.••
.•:1•:__
:: _
_........
_.-���
-!
Y i
7._.....
:�:
.
••--
•-...._......•...
:
-- _ -•
::: �. ...
, • I • •7777
-•
• • ,• • .....•••
....1 ..
—.• j
...... I... - - i
1 t.
-- — .-77::
t
- :
:=:
�:
--..:-��_
.
..1.
_::
:::
-..:_..:.-
,. =
7
-.
..
--
..7 ..777
:
... i_._.
• ......._....
,. --
._-r....
--.........
..._t ..•
- -
..............
.
- -I
...!:7. • •i • -. .....r
L
.
. .
.
:....
•..:.....
; ••
.........
=_:
:::::::::...l..'
:::::::..
..
..:I::
:.:
:,:
_...
...;'...........:.....
.I .
7777.7777... `
. ---
..-
:.
ItIIII
:-:.t:._..._.__.
,
....
- ,
..
... ` ... :.. ..:
...........
.. . !
-.•
• •_..._::
..
.....
�.
:
-'' �. .;. .. .�'
• •:i:.:.
�'..�
:7777
7777
!
.
:
:_ -
--- -
II,
; :-.....
•.:.........:,
i
,
_77
-
...
. : : ..
- ....:_,.
:.• .:i:.:.
-.-i• 777
::i:.
•.::::..7777...
7 77 7. -
`..-r .77r7�7:':..-'
7:77777
-7 7 77-._;..7..
:7777
...
....:
::..
L_• _. _•
•' •. . * i 7'••'—
{:.. ..._..�_
r :.:-:-.: ;
77. 7
.-':
',•
77.:
. .....
L
j
.... , -
.#
...� "7'7777
7777
•`: .•,•. ... .
[ 7...7777 7 --77:7— ---, ; • : �:
..
......77-1
—•-----: _: f
1....... .
' :
-7:: •
...
7:.77.7
=7:—...
';:
........
=
..-1....
-7777:':777:::
......:.:..:::.
•
:-
.........
_
;..
7777 ::•.:.....
;:r::=::..
:�
•
..
.......
__..,
:i 777
.7777 --•
...
--•- =-
+:..:�
..
:........:....
t:..
:..
. -!..'
_ ,'
...::...
_
;:..
_
yi
_
.1• 777
7 - 7777.:
• ..
777._
.•:
.........-
7777:777-77.777:::::.•
...; :j
�
:"•7:17:::-
•
.p.......
....
...:F...
:-.
...
:i'
. •r::..
777
-•'''••.
7.
..•._1:-: a
: ''''
I' •
.:
.
..
:..::t:...
...I:::7
..:J:.:.
_
:::: :..
::::I:...
r
......:..
.
:..,.7.
.._ . ..'
:::.
::::l
7777.
........:F:
:...1....
..
777
7..
7777_.
-.
7777
7777
.::I..:
:._:.:.::.........
.. _{�•
::...
...:i:...
....
• ....•
e.:::1: -...
7777.
..._..._-....
G:..:
''..
-::.::
-..:j:...
..:::
•7777
!
=�;,
_�_
..........��....
..
;:
,
_
-
I=.. -
_
7777
...:t::..
•
:'s.:T
-
7777_
'+ ...
.... •
7777.
_ •�
..r
77.77
•
•+'
:
.r.•
rf.
�
.... ..
.. 7777
_
.. 7777.. 7777
..
..
_. _
7777 .,.
77.77•
,
.. ::. ..i
.. 7777-77.77..
... j.:L.
..,....t:::.
7777_.-
9'40'4 7
FIRST SUPPLEMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
The Declaration of Covenants, Conditions and Restrictions For Buffalo Ridge Estates are
supplemented as follows:
1. Paragraph 3 is supplemented to add the following section:
3.1.23 Soils Tests/Soil Erosion and Ground Cover. Prior to construction of any Improvements upon
the Property, every developer, or builder, or their representative shall engage a licensed engineer to perform
soils tests on the Lot or parcel to be developed in accordance with the then existing rules, ordinances, statutes
and regulations of the state, county and/or municipality in which the Property or Lot is located and disclosure
of the results thereof shall be made as required by C.R.S. § 6-6.5-101. Both the soils and foundation
investigation report provided by the engineer, and a soil erosion and ground cover plan suited to each site
shall be completed prior to construction.
2. Paragraph 2.3 shall be replaced in its entirety with the following section:
2.3 Conveyance and Acceptance of Common Areas. Declarant expressly reserves the right in
the course of development of the Property to convey to the Association, and the Association shall accept,
certain areas such as open spaces, roads and drainage ways which for any reason are not intended to be
developed and/or other property or facilities which are deemed by Declarant to be most suitable as Common
Areas of the Association. By way of example, but not limitation, Declarant shall, in the course of
development of the Property, convey the Well System to the Association including those water rights owned
by Declarant which are appurtenant to the Property and which are being utilized for operation of the Well
System. Prior to transferring ownership of the first Lot in the Property or property which is annexed by
Declarant as provided in Section 2.2, as the case may be, to a member of the general public (i.e., not a
Developer), Declarant shall convey the Common Area contained in the Property, or in such annexed
property, as appropriate, to the Association.
3. The following Section 2.4 shall be added to paragraph 2 of the Covenants, Conditions and
Restrictions:
2.4 Open Space/Tract A. Tract A designated as "open space" shall be improved by Declarant, or its
successors or assigns, with concrete picnic tables on concrete pads, and with native trees in numbers and
locations to compliment the Tract, in the sole discretion of Declarant. Tables shall be located so as not to
disturb or damage the vegetation, drainage or indigenous wildlife and so as not to encourage over utilization
of Tract A by Members. Reasonable equestrian activities shall be permitted, access shall be by bridle paths
identified on the Plat, and the use, maintenance and construction of all improvements on the Tract A shall
be regulated by rules promulgated by the Home Owners' Association. Water for Tract A useage shall be
available through the Property water system.
4. The following Section 2.5 shall be added to paragraph 2 of the Covenants, Conditions and
Restrictions:
•
2.5 Tract B/Speer Canal. Tract B, which includes the Speer Canal and is encumbered by an easement
in favor of the Farmers Reservoir and Irrigation Company, shall be maintained by the Home Owners'
Association.
970;,17
Boundary and Joint Use Agreement
This Agreement between BART/A/ /3Rn7w r is
hereafter referred to as "Developer", the /3DFi'ALD_t'�o<<r
Homeowner's Association, hereafter referred to as "Association" and
The Farmers Reservoir and Irrigation Company, hereafter referred to
as "FRICo" dated this I7L day of l?_ece_aoce, 1996.is as follows:
WHEREAS Developer is the owner of a certain tract of land
(hereafter referred to as "Property", located in Weld County
Colorado mere specifically described en Exhibit "A"; and
WHEREAS Developer is providing for the subdivision of all or
a portion of the Property into residential tracts approximately
three acres in size; and
WHEREAS FRICO is the owner of a certain right of way for the
Speer Canal which is and has for many years been located over and
across the Property; and
WHEREAS the parties desire to define with particularity the
location and boundaries of the easement occupied and used for the
Speer Canal and to provide for the joint use of portions of the
canal as provided below
NOW THEREFORE it is agreed as follows:
1. FRICO and Developer ratify and confirm the existence and
right of use of an easement for the Speer Canal over and across the
Property as more particularly described on Exhibit "B" attached
hereto and made a part hereof. The easement hereby confirmed is
hereafter referred to as the "Easement".
2. The parties acknowledge that the primary use of the
Easement shall be and remain for the delivery of irrigation water
to FRICO.'s shareholders. FRICO shall have and retain the right to
operate and maintain the Speer Canal in the manner which is
appropriate in FRICO's discretion.
3. FRICO agrees that certain recreational uses as set forth
below are not inconsistent with FRICO's use of the Easement for the
operation of the Speer Canal as long as such uses are conducted as
provided below:
A. Residents, guests and invitees of owners of property
within the Association may utilize the roadway adjacent to the
Speer Canal within the Easement for non -motorized recreational
uses. Recognizing that water is run in the canal at irregular
times and amounts and that erosion of the canal embankments may be
a significant problem, no recreational uses of the area within the
270217
canal embankments or the canal itself shall be permitted.
Explicitly, no recreational uses such as floating, swimming or
otherwise being within or upon the rater in the canal are to be
permitted. No structures or improvements shall be placed within
the Easement absent FRICO's written discretionary permission.
Crossing from side to side thorough the ditch, particularly by
bicycles and horseback riders, has in other locations resulted in
sever erosion of FRICO's canal embankments and is not to be
permitted under this agreement.
B. The Association shall have :he responsibility to insure
that the uses permitted by its members, families and guests shall
not damage canal, increase erosion of the canal embankments or
interfere with the delivery of water through the Speer Canal.
Consistent with the Association permitting recreational use of the
roadway along the Speer Canal, the Association shall provide for
gravelling or other surfacing which. will prevent horses from
creating rough road surface, and the Association shall mow or
otherwise control the weeds and growth along the roadway for
compliance with Weld County regulations. The Association shall
periodically grade the canal road in common with other roads within
the Development where the canal road has become rough or pitted due
to recreational uses permitted by this agreement (FRICO's
experience in this regard is that horseback riders in wet
conditions causes significant roughening of the roadway so as to
make continued travel along the ditch right of way by FRICO's
'employees difficult and damaging to the employees' vehicles.) Such
pitting or roughening of the canal roadway, should such prove to
occur in the future, will be smoothed as soon as practical by the
Association.
C. At the express request of the Association FRICO will not
fence or otherwise restrict access within the Easement, so long as
the terms of this Agreement remain in full force and effect. As an
express condition of not fencing or otherwise restricting access
along the Speer Canal, the Association shall have the right and
responsibility to enforce provisions carrying out the terms and
conditions of this Agreement as part of the Rules and Regulations
of the Association, which Rules and Regulations shall be a covenant
running with the land in the Development.
Specifically, it shall be the responsibility of the
Association to insure that its members are aware of the natural
hazards of an irrigation canal, particularly to small children, to
insure that children are properly supervised and to provide
warnings or other protective actions to adequately insure the
safety of the members of the Association, their families and
guests.
Recognizing that notwithstanding all of the above FRICO's
potential liability is increased by permitting recreational access
within its easement, the Association agrees to indemnity and defend
970217
FRIG: from any claim or demand arising from any of its members',
family of members, guests' or permittees' use of the Easement as
set forth in this Agreement.
The Association shall additionally obtain and maintain a
policy of general liability insurance, inclusive of automobile
coverage, naming FRICo as a co-insured for that portion of .the
Speer Canal within the Easement. Such insurance shall be primary
to any other insurance maintained by FRICO, shall provide for
coverage of sole negligence against FRICO, and shall be in the
amount of not less than per person,
5 aggregate. The amount of insurance shall be
increased on every fifth anniversary cf this Agreement by the ratio
of the amount of insurance which is equal to any increase in the
Consumer Price Index, measured by the then most current United
States Department of Labor publication, All Urban Consumers, L'.S.
City Average.
4. FRICO agrees to cooperate with the Association in
providing for the joint uses of the Easement as set forth herein,
but FRICO reserves the right to terminate joint access to the
Easement in the event of non—compliance with the terms and
provisions set forth herein.
5. This agreement shall inure to the benefit of the heirs,
successors and assigns of each of the parties.
Dated the date above written.
�ntai(1'_ -4,1‘7:44:-- :
D eloper
f
970217
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
"11115 AGREEMENT, made and entered into this )'Na of /997
Y ctiCl<(/i'c by and between
the County of Weld, State of Colorado, acting through its Board of County ommissione1A, hereinafter called
"County", lartin in -others LLC hereinafter called "Applicant".
WITNESSETII:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
S'W4 and SE4 NW4 of Section 12 TIN, R66W of
the 6th P.M. Weld County
WHEREAS, a final subdivision/PUD plat of said property, to be known as Buffalo Ridge Estates
has been submitted to the County for approval; and
WHEREAS, Section 12 of the Weld County (Subdivision) (Zoning) Ordinance 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:
I.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
'Ube required engineering services shall he performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria etstablished by the County for public irprovements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
acceptance of the roads within the subdivision by the County, Applicant shall
Revised 12/95
97021
furnish one set of reproducible "as -built" drawings and a final statement of
construction cost to the County.
2.0 Rights-of-Wav and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights -
of -way and easements on all lands and facilities traversed by the proposed improvements.
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 "B" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those -
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County;'and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5
Said subdivision improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
2 Revised 12/95
970217
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may stiffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
5.0 Off -Site Improvements Reimbursement Procedure: The 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 -site 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 ITE 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
3 Revised 12/95
970217
construction cost. In no event shall the original subdivider, applicant, or owner
collect an amount which exceeds the total costs of improvements less the pro rata
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
resubdivisions. 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
tinder the off -site improvements agreement, entered into between the subdivider and
the county, is ten ydars from the date of execution of a contract for road
improvements.
5.8 This provision is 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 continue to issue building permits so long as the progress of work on the
4 Revised 12/95
970217
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 Counts/
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 been corrected.
If the County Engineer finds that the streets are constructed according to County standards,
he shall recommend acceptance of the 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 be responsible for the full maintenance of
said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
approval, the applicant shall indicated which of the five types of collateral prefered
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 Pla!
approval. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided th,
cost estimates are updated and the development plans are revised to comply will
all current County standards, policies and regulations. The improvements shall b(
completed within one (I) year after the Final Plat approval (not one year afte'
acceptable collateral is submitted) unless the applicant(s) requests that thi
Agreement be renewed at least thirty (30) days prior to its expiration and furthe
provides that cost estimates for the remaining improvements are updated an,
collateral is provided in the amount of 100% of the value of the improvement
remaining to be completed. If improvements are not completed and the agreemen
not renewed within these time frames, the County, at its discretion, may mak,
demand on all of a portion of the collateral and take steps to see that tic
improvements are made.
7.2 The applicant may choose to provide for a phased development by means e
designating filings of a Planned Unit Development Plan or Final Plat Subdivision
The applicant would need only to provide Collateral for the improvements in eac
filing as approved. The County will place restrictions on those portions of th
property that are not covered by collateral which will prohibit the conveyance of th
property or the issuance of building permits until collateral is provided or tint
5 Revised 12P'
970217
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 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".
8.1.2 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.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 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 Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 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.
8.1.6 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 onp year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
6 Revised 12/95
970217
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County, then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements -
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
7 Revised 12/95
970217
9.1 The Engineer or his representative has made regular on -site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of 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 ofcollateral shall be accompanied by "Warranty Collateral"
in the amount of 15% 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 Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character, extent and location suitable for public use for parks, greenbelts or schools, said
actions shall be secured in accordance with one of the following alternatives, or as specified
in the PUD plan, if any:
10.1 The required acreage as may be determined according to Section 8-15-B of the
Weld County Subdivision Regulations shall be dedicated to the County or the
appropriate school district, for one of the above purposes. Any area so dedicated
shall be maintained by the County or school district.
8 Revised 12/95
970217
10.2 The required acreage as determined according to Section 8-15-B of the Weld
County Subdivision Regulations may be reserved through deed restrictions as open
area, the maintenance of which shall be a specific obligation in the deed of each lot
within the subdivision.
10.3 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to Section 8-15-B. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account to be expended for parks at a later
date.
11.0 Successors and Assigns. This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT .4,11r / i )27(at,
BY:(nQA.p .,7yg /hc epo_ LLC
(title)
SUBSCRIBED AND SWORN to before me this dig (day of
, 199
9 Revised 12/95
970217
WITNESS my hand and official seal.
cgZaW
Notfry Public
My commission expires:
M:IFORM APUBLIC.DB
07/9%98
10
Revised 12/95
970217
EXI11131T "A"
Name of Subdivision:
iiuffalo Ridge Estates
Filing: First Filing First Phase
Location pprox 2 Mile West of WCR 37 (.;c₹ Ilile South of WCR 12
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated 19
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Improvements Unit Cost
Street grading $0.145/S.Y.
Street base $3.50/Ton
Street paving
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Tel phone
Electric
Water Transfer
Estimated
Construction Cost
$19,008.00
443r:b a.00
$90,000.00
f 3,00.00
6,200.00
4.10 ,-000.00
$24,000.00
4+0,000.00
SUB -TOTAL .$195,218_(10
970217
EXIIIBIT "13"
Name of Subdivision: Buffalo Ridge Estates
Filing: 1st Filing Fit Phase
Location: Approx 'r ,Mile West od WCR 37 .ci mils South of WCR 12
Intending to be legally hound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within 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 Completiog
Site grading 60 Days
Street base
Street paving
Curbs. gutters. and culyerts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
60 Days
Laterals (h sise connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas •
Electric
Water Transfer •
Sub -Total
b0 Days
60 nays
60 Days
30 Dayb
120 Days
60 Days
970217
EXHIBIT "A"
Name of Subdivision:
iiuffalo Ridge Estates
Filing: First F(4ing Second Phase
Location: Approx 1- mile South of WCR 12 ec 2 Mile West of WCR 37
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated , 19 ,
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Improvements
Internal Roads
Street grading
Unit Cos(
4;0.45/S .Y.
Street base 3.50/Ton
Street paving
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
25.00/Ton
Estimated
Construction cos(
X16,868.00
71,971.00
35,500.00
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
70,000.00
12,000.00
Electric
Water Transfer
24, 000.00
SUB -TOTAL 230, 339. oo
Internal Roads; Eagle St., Falcon Dr., Wren Cr., Pheasant Cr., Dove Cr.,
Meadow Lark Rd.
II
Revised 12/95
970217 '
EXI ii i f "13"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First Filing
Second ?hasp WOR 35
Location: Aporox 3- Mile West of WCR 37 a: z Mile South of WCR 12
Intending to he legally hound, the undersigned p tli ;uiLLhcrclt a c
shown on the final subdivision plat of :3uffa d .tu_, construct the improvements
, Recorded on "�-� _—~__ Subdivision, dated
!'age No. _ _, Reception No. — __• I-)_____, in Book
the following schedule.
All improvements shall be completed within 5
final plat. �-1 years front the date of approval of the
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where (hey do not apply.)
n r4ve_pren s
Bidding and Mobilization
Sitgiritditi
S.IrCSh e
S(r eet pav_i tg
Lars gutters end c ,IveLS
Sidek
St�rnras wcr flcj
RcleeittiiP lL
chilli pry vecn��
Stit surface (Rah —�
Sanitary severs
_I W artd_fctrcc
Main
Lateraljstuse c_coL1ecI d
On -site sewage faces
i)ttssi a water s�iitply and�st��g
Walcr mitts
�Lc IJ drt tls _
Sitrvcy &.C. ee rliOrtnrllen � e
Strcgl igg
Irectjlttntc sigrts
Letteiitg_regtn i t
1..�r)capin
!'arkUnproven]
i'elep ne
Oa
blcctri_
Wnt_
Serb -T
3 waee ks
970217
, the following improvements.
(Leave spaces blank where they do not apply)
Iinprovecnents
5_11-1_grading
Street base
StLecipiwing
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
sanitary sewers
Sanitary sewers
'Drunk & forced lines
1i ins
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -includes Bore
, Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
fencing requirements
Landscaping
-Park improvements
Road Culvert
Grass Lined ,Swale
Telephone
gas
glectric
Water Transfer
EXHIBIT "A"
Name of Subdivision: Buffalo Ridge Estates
Filing: First filing Third Phase
Location: Approx Mile West of WCR 37 & Mile South of WCR 12
intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated lg
recorded on , 19 , in Book , Page No. , Reception No.
Estimated
Unit Cost Construction Cost
1
70,00u
10,000
X1,000
SUB -TOTAL
$101,004.00
970217 '.
EXHIBIT "B"
Name of Subdivision: Buffalo Ridge Estates
Filing: First filing Third phase
Location: Approx Mile West of WCR 37 & Mile South of WCR 12
Intending to be legally hound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, I9 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
MI 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
Site grading
Street ase
Street paving
curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
pitch iipproveinents
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
�iirvey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric
Water Transfer
Sub -Total
60 days
1,20 days
b'9 days
970217 '
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Oas
Electric
Water Transfer
EXHIBIT "N'
Name of Subdivision: Buffalo Ridge Estates
Filing:
First filing Fourth phase
Location: Approx Mile West of WCR 37 & South of WCR 12
Intending to he legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated
recorded on , 19
19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Estimated
)rrzprpvements It Cost
Street grading
Street base
trehaving
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
+50,000
70,000
iu,00O
21,Ooo
5_11B -TOTAL
4)151,000.Oo /
970217
EXHIBIT "B"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First filing Fourth phase
Location: Approx Mile West of WCR 37 de z Mile South of WCR 12
Intending to be legally hound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, 19_ , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within 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.)
Jjj provements Time for Completes
Site grading
Street base
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
jtetention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements.
Landscaping
Park improvements
Telephone
Gas .•
Electric
Water Transfer
Sub -Total
60 days
60 days
120 days
co day
970217
EXHIBIT "A"
Name of Subdivision:
Buffalo Ridge Estates
riling: First filing Fifth phase
Location: Approx 4 Mile West of WCR 37 .'e Milr South of WCR 12
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated
recorded on ,l9
19 , in Book , page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
)mprovements
Street grading
Street base
Street aving
Curbs,gutters. & culverts
sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Estimated
Unit Cost Construction Cost
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Parkjmprovements
Road Culvert
Grass Lined Swale
Telephone
Liss
Electric
Water Transfer
70,000
10,000
21,0 00
SUB -TOTAL
1Dr,aou.00
970217
EXHIBIT "B"
Name of Subdivision: Buffalo Ridge Estates
Filing: First filing Fifth phase
Location: Approx Mile West of WCR 37 & z Mile South of WCR 12
Intending to be legally hound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, 19 , Recorded on , 19 , in Hook ,
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.)
In -implements Time for Completion
Site grading
Street base
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
60 Days
Fire hydrants
Survey & street monuments & boxes
Skeet lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas •_
Electric
Water Transfer
Sub -Total
1LU Days
60. 'Days
970217
EX l I I I31'C "A"
Name of Subdivision: Buffalo Ridge Estates
Filing: First Filing Sixth Phase
Location: Approx Mile West of WCR 37 'i Mile South of 'eleR 12
Intending to he legally hound, the undersigned Applicant hereby agrees to provide throughout this
subdiviciou and as shown on the subdivision final plat County dated _, 19
recorded on , 19_, in Book , l'agc No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Improvements
Estimated
Unit Cost S_onstruction Cost,
Street grading
Street hnsc
Strcct paving
Curbs gutters, & culverts
Sidewalk
Stdrnl sewer facilitic_s
Rclentioq.ponds
i3ittajjlIptS2VCIllelliS
Subsurface drainage
Sanitary sewers
.Sanitary sewers
_Trunk & forced lines
Mains
Laterals (house connected)
Q11_sitc sew;1$e facili s
9n -site water suppjy_& storage
`Niter mains -Includes !lore 4;70,000.00
Fire hydrants
Stir_vcy_& street monuments & boxes
Street lighting
Street mute signs
Fencing requirements
Landscaping
Lark imprsvemcnls
L
Grass Lined Swale
Icicplrouc
Gas
Electric
Water Transfer
•
4;10, 000.00
X21,000.00
SUB- IO1'AL $101,_,000.00
970217
IiXI ((lift• "Il"
Name of Subdivision: Isuffalo Ridge Estates
Filing: First Filing — —Sixth Phase
l,oca(in:Approx i [pile 'west outof WCR .__._
--------______-_ 37 . r b Mile South of ',vCR 12
Intending kt be legally hound, the undersigned Applicant hereby � _ —
shown on the final subdivision plat of I I
f rccs to consiruc! the improvements
Page No. (9 Recorded on -- _--- - _---- • uhdivision, dated
Itcccplion No. _____ - - - • _, in (look
.
—�, the following schedule. ---
All improvements shall be completed within
final plat.
years from the date of approval of the
Construction of the inmprovemems listed in Exhibit "A" shall he completed as Billows:
(I,cave spaces blank where they do not apply.)
E'o trC_P plgtiop
Site gtadin - --_-__
Slrccllasc
S_Re tpaying__
C'tirhs,_mitten nndculveuts
Sjag tvaik
St lUil Sewer facititics
RcteRtiott_ponds
ach-ittlproveutentS
Sttlr_surface drainage
Sani prYscwers_
Ironic and fd_ced lit>cs—
Mattis_
)_atermIs(1m led
t)rt_s lc sewagc_faciwies__
Ollcs lc_t�•alcr stt!?p ntL� slwage
Water itlains
I'irc ild Nur-v_cy_slice( immutneuts & hoses
Slrccl_ligh(ing
+SAcctnantc si o
fencing rchttiremeil
Landscaping
_g
Park improve tut
•I'elcitkotc
(ias 120 Da s
Hectic•
WMP_Ch� er 0 Da e
Sub-Tot21
970217
EXHIBIT "A"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First filing Seventh phase
Location: Approx i Mile West of WCR 37 & ' Mile South of WCR 12
Intending to he legally hound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated , 19
recorded on . 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Improvements
Street grading
Street base
Street paving
C.trrbs gutters, & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -includes Bore
Fire hydrants
Survey & street monurnentg & boxes
Street lighting
Estimated
Unit Cost Construction Cost
tree Warne signs
Fencing requirements
Landscaping
ark improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric
Water Trahsfer
70,000
21,000
SUB -TOTAL
101,000.00
970217
Extl1BIT „fl"
Name of Subdivision:
Buffalo Ridge Estates
riling: First filing Seventh phase
Location: Approx Mile West of WCR 37 & Mile South of WCR 12
Intending to he legally hound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within 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
Site grading
Street base
Street paving
Curbsgutters. and culverts
Sidewalk
Storm sewer facilities
Retentio_n_ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trrrtk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire h drants
Survey & street monuments & boxes
Street lighting
Sireei�ne signs
Pencieguirements
Landscaping
Park improvements
J&iephone
Qas
Electric.
Water Transfer
Sub -Total
60 days
120 days
60 days
970217
AGREEMENT FOR ROAD IMPROVEMENTS FOR WCR 35 AND WCR 10
THIS AGREEMENTis made and entered into this �9 day of Jan • , 1997bv
and between Martin Brothers LLC, developer of Buffalo Ridge Estates, hereinafter referred to as
"Developer", with an address of 147 S Denver Ave., Ft. Lupton, Colorado 80621, Weld County
Colorado,
and the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, Colorado hereinafter referred to as "County", with offices at 915 10th Street Tenth
Street, Greeley Colorado 80631.
WITNESSETH;
WHEREAS, the Developer has obtained for a Site Specific Development Plan and
Subdivision Final Plat for 52 lots for the Buffalo Ridge Estates , hereinafter referred to as the
"Development", and
WHEREAS, WCR 35 from Colorado Highway 52 to Eagle Road and WCR 10 from
WCR 37 to Meadow Lark Road hereinafter referred to as "the roads", will need paving, in part due
to the increased traffic generated by the Development, a distance on WCR 35 of approximately one
mile and a distance of approximately one half mile on WCR 10, and
WIIEREAS, Developer has proposed phasing the Development into seven phases and
nine lots in the first phase, eight lots in second phase, seven lots in third phase, seven lots in forth
phase, seven lots in fifth phase, eight lots in sixth phase, and seven lots in seventh phase, and
WHEREAS, the Weld County Engineer has performed vehicle counts on traffic into and
out of the current WCR 35 and WCR 10 , and based upon those counts the parties agree that the
average daily trips by vehicle counts is 6 trips per lot, per day, a trip consisting of one-way travel to
or from the lot, and
WHEREAS, the average daily trips anticipated from The Buffalo Ridge Estates on WCR
35 will constitute 73% of the traffic, the average daily trips anticipated from The Buffalo Ridge
Estates on WCR 10 constitute 60% of the traffic on the roads, and
WHEREAS, costs of paving WCR 35 from Colorado HWY 52 to Eagle Street is
estimated to be $113,778.00. Costs of paving WCR10 from WCR37 to Meadow Lark Road is
estimated to be $%.889.00, and
WHEREAS, the holding of land development charges by County is subject to C.R.S,.*
29-1-801 added by 90 H.B. 1152.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. IRM.
A. The term of this agreement shall be from the date first written above to the completion of
paving Roads and final accounting by County and payment of all land development charges by the
?age 1 of 3
970217
developer for the WCR 35 at the completion of Phase 2, and for the charges by the developer for
WCR 10 at the completion of phase 6
2. OBLIGATIONS OF THE COUNTY,
A. Weld County plans to pave, within five years of the date written above, the roads at a current
estimated cost of $113,778.00 for WCR 35 and an estimated cost of.$95,887.00 for WCR 10.
The paving improvements shall be for 12 foot travel lanes with 4 foot shoulders designed in
accordance with generally accepted engineering practices.
B. Design, construction, and maintenance of this portion of the roads shall be the responsibility of
the County.
C. County will accept the deposit of and maintain any land development charges in accordance
with C.R.S *294-803, C.R.S. and make accounting of the fund available to developer.
D. County must pave the roads within five years of the date first written above or forfeit all right
to the land development charges which are the obligation of the developer whether already on
deposit or remaining to be paid.
E. Weld County shall perform a final accounting once paving is completed and may charge
against the land development find 73% of the total cost of paving WCR 35 and 60% of the total
cost of paving WCR 10. If the Developer has made deposits for all phases, County shall return to
the Developer all the remaining funds in excess of 73% of the construction costs of WCR 35 and all
remaining funds in excess of 60% of the construction costs of WCR 10. Should the Developer not
have paid land charges for all phases at the time paving takes place, the County shall be authorized
to charge against the land development fund for 73% of the costs of paving WCR 35 and 60% of
the costs of paving WCR 10 and provide the Developer with a statement of the amount due to
satisfy the obligation of the Developer.
3. OBLIGATIONS QF DEVELOPER.
A. Developer agrees to pay the amount of approximately $83,058 on WCR 35 and $..53", 1.32 . 2 0 o n
WCR 10. The actual amount to be determined in accordance with paragraph 2. E. and said funds to
be paid to the County prior to the sale of any lot in phase three. The Developer agrees to provide
one Deed of Trust for each phase simultaneous with presenting the Development plat for recording.
The Deeds of Trust shall secure the obligations of the Developer under this Agreement.
The Developer shall not be released from this obligation unless County does not pave the road
within the time frame set forth in paragraph 2.D. herein. In no event shall Developer's obligation
under this agreement exceed $83,058.00 on WCR 35 and $556, 132plus interest under paragraph
3.C.
C. The Developer shall be obligated to pay an additional 6.25% per annum compounded annually
from the date of the statement of the amount due if paving of the Roads is completed prior to the
payment of the Phase 3 land development charges.
4. SEVERABILITY. .
. If any term or condition of this agreement shall be held to be invalid, or unenforceable, this
agreement shall be construed and enforced without such provision to the extent that this agreement
is !lien capable of execution within the original intent of the parties hereto.
5. NO THIRD PARTY EN EFICIARY ENFORCEMENT
Page 2 of 3
970217
It is expressly understood and agreed that the enfor-ernent of the terms end conditions of this
Agreement, and all tights of action relating to such Enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It Is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall been incidental beneficiary only.
6. MODIFICATION AND BL.EAS.
11th Agreement contains the entire agreement and understanding between the parties to thin
Agreement and supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal. or other alteration of or
to this Agreement shall be deemed valid err of any force or effect whatsoever, unless mutually
agreed upon in writing by the undersigned parties . No breach of any term , provision, or clause of
this Agreement shall be deemed as waived or excused, unless such waiver or consent shalt be in
writing and signed by the party claimed to have waived or consented. My consent by any party
hereto, or waiver 4 a breach by any other pasty, whether express or implied, shall not constitute a
consent to waiver of, or excuse for any other di8erant or subsequent breach.
7. NO WARRANF%. •
Neither County nor Developer, by virtue of their entering into this Agreement and upon their
promises to perform the work descnlned herein make warranties, either express or implied, that the
improvement work and/or maintenance of these roach meet standards other than those generally
required for counties and cities of the size end type similar to County.
t BINDING.
This agreetneat shall be binding on the heirs, mopes fors, and assigns of the parties.
WITNESS WHEREEORthe parties hereto have signed this Agreement flue RC 'day of
19 9
APPROVED AS TO FORM; 2/1C2,-.4:74./
-f!i>v T,
Attorney for Developer fohn T. Martin
Developer
Clerk to the Bond
APPROVED AS TO FORM;
County Attorney
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
Canty Commissioners or Weld County
By.
Page 3 Of 3
970217
EXHIBIT "A"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First Filing
Second Phase WCR 35
Location: Approx. f mile south of NCR 12 6c Appeox.
a mile west of WCR 37
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision Final plat County dated , 19 ,
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
Paying WCR 35 from Colo. Hwy. 52 to Eagle Street
(Leave spaces blank where they do not apply)
Improvements
Street grading
Street base
Street paving
Curbs gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Unit Cos(
o.45/S.Y.
3.50 /Ton
Estimated
Construction C9st
9,504.00
25.00/Ton 58,075.00
ii.699.00
d.50/Ton
3,500.00
Shoulder base
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric
Water Transfer
SUB -TOTAL
11
413,77d.00
Revised 12/95
970217
EXHIBIT "B"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First Filing Second Phase WCR 35
Location: Approx. mile south of WCR 12 do mile west of NCR 37
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of i Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Paving NCR 35 from Colo. Hwy. 52 toEagle Street
Jmprovements Time for Completion
Bidding and Mobilization w��kw
Site grading
Street base 3 weeks
Street paving 3 weeks
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Lateralsjhouse connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric
Water Transfer
Sub -Total
13
Revised 12/95
970217
EXHIBIT "A"
Name of Subdivision:
buffalo Ridge Estates
Filing: First Filing Sixth Phase WCR 10
Location: Approx. 2 mile south of WCR 12 . Approx. f west of WCR 37
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated , 19
recorded on , 19 , in Book , Page No.
, the following improvements. g , Reception No.
(Leave spaces blank where they do not apply)
improvements
Paving 'NCR 10 from
Street grading
Street base
Street paving
Curbs, gutters. & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply & storage
Water mains -includes_ Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric
Water Transfer
it t
WCR to Meadow
0.45/S.Y.
Estimated
nstr ction Cost
Lark Road
$ 4,752.00
8, 50/Ton lb,649.50
2S. 00/Ton 29, 037.50
8.50/Ton
4,250.00 Shoulder base
40,000.00 Bridge
SUB -TOTAL
11
4^.:5,889.00
Revised 12/95
970217
EXHIBIT "B"
Name of Subdivision:
Buffalo Ridge Estates
Filing: First Filing
Sixth Phase WCR 10
Location: Spprox. mile south of WCR 12 & Approx. mile west of WCR 37
Intending to be legally bound, the undersigped Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Buffalo Ridge Estates Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Paving WCR 10 from WCR 37 to Meadow Lark Road
lmprovementg Time for Completion
bidding and Mobilization 5 weeks
Site grading 3 weeks
Street base j weeks
Street paving j weeKs
Curbs, gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Pitch imprQy_etnents 14wee Ks
Subsurface drainage
Sanity sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewa&e facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name sighs
Eencingiequirements
Landscaping.
Park improvements
Telephone
Gas
Electric •
Water Transfer
Sub -Total
13
Revised 12/93
970217
/2 //f /96
ovt, iKQ/
atcjvee-weKfi(5) �Kd
j m reet"ek1
roac✓ / ror,ecm-1
do4cccc/4ry 4'cc/
revtse01 Cove uCc. K`f- Stepp/elec&
Je ve%pe.ceu7 /6174`t�r 71;4 -el- tv,t%t
ofPaw aq , atee/ e/itv,"t !dattoPi -t4a
fire (aKJsCapa a/�otv4t4 /"s ct(co/ 7a.
C14- �— let C2
CoCe5 O4 R1�
ck; a' CO) k.. p/7e re
Ke.eltctreIAec-to-i /Gur re ‘e
a,id r asskpfle
�e CAec`
Ore heici ease w, he q'rs/7ee4/
?.te fp C47%k li,// le pro recce
genie laG( Ptv /7 /OK
a k j/ "pees 720/;15
aids
X79^ 11281
Form No. 1342 (CO -87)
Q\•ININWNINNNNNIINIINIINNNNIWINNNYNNINMNIINMWMINIIIINIIIINWIININNININNNINWIIIINMNIIINNNNIIINIIWWIINI •/,
I
t.
ESECURIT
TITLE
sk
SECURITY TITLE GUARANTY COMPANY
INFORMATION
IIIIIIIINNINIIINIIIMNIIIIIINNIINIIIIIINIININNIIYNNIHNIINWNIIIIIIIIIIINIINNIIIIIIIINIIIIIIHNNIIIIINNINHNNNNNNMNNINN \
z
The Title Insurance Commitment isa legal contract between you and the company. It is issued
to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you
against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask
The Commitment is based on the land title as of the Commitment Date. Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment Is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY
SCHEDULE A
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-1 — Requirements.
SCHEDULE B-2 — Exceptions
CONDITIONS
Page
1
2
2
2
2
3
4
other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, please contact the issuing office.
970217
Form No. 1343 (CO -87)
ALTA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
SECURITY TITLE GUARANTY COMPANY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the
Company, through its agent, Security Title Guaranty Company, referred to in this Agreementasthe Agent,
agrees to issue a policy to you according to the terms of this Commitment. When we show the policy
amount and your name as the proposed insured in Schedule A this Commitment becomes effective as of
the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
Security Title Guaranty Co.
1100 TENTH STREET • SUITE 302
GREELEY, CO 80631
(970) 356-3200 • FAX (970) 356-4912
First American Title Insurance Company
BY gal
BY
ing z
PRESIDENT
SECRETARY
COUNTERSIGNED
\\11-E I N'Tjq
9
� Q •.p '
••0.Pp o fl
if o
a
1-- t SEPTEMBER 24, a S
1968
11�ty 0A( --
Ira PN\a =
o.o,
970217
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B- Section 2 may be amended to show any defects, liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule B- Section 1 are met We shall have no liability
to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum-
brances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and
did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to In this Commitment when you have met its
Requirements. If we have any liabilitytoyou forany lossyou incurbecause of an errorin thisCommitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be Issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Anyclaim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
970217
File# UO19898A96
SECURITY TITLE GUARANTY COMPANY
1100 10th St., #302, Greeley, CO 80631, (970) 356-3200
COMMITMENT
SCHEDULE A
Commitment No: U019898A96-3
1. Commitment Date: October 17, 1996 at 8:00 A.M.
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy - Proposed Insured: $ TBD
To Be Determined
3. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date by:
Martin Brothers, a partnership
4. The land referred to in this Commitment is described as follows:
The South One -Half of the Northwest One -Quarter and the Southwest One -Quarter
of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado, Except: The Southwest One -Quarter of said Section 12, and Except
Martin Brothers Planned Unit Development Amended,
County of Weld,
State of , Colorado.
(for informational purposes only) Vacant Land
PREMIUM:
Owner's Policy
10/23/96 13:46:35 jp mm2992
rrcocrI
$ 230.00
970217
10/23/96 13:46:37 jp mm2992 File4 Uo19898A96
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this commitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and 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.
970217
10/23/96 13:46:38 jp mm2992 File# U019898A96
Form No. 1344-B1 (CO -88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Order No. UO19898A96-3
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
2. This Commitment is subject to such further Exceptions and/or Requirements as
may appear necessary when the name of the (Proposed Insured, Schedule A, Item
2A) has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.
39-22-604.5 (NONRESIDENT WITHHOLDING).
970217
10/23/96 13:46:40 jp mm2992 Pile#U019898A96
Form No. 1344-B2 (CO -88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Order No. UO19898A96-3
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Right of way for county roads 30 feet on either side of Section and Township
lines, as established by the Board of County Commissioners for Weld County,
recorded October 14, 1889 in Book 86 at Page 273.
8. The right of proprietor of a vein or lode to extract or remove his ore should
the same be found to penetrate or intersect the premises thereby granted as
reserved in United States patent recorded October 15, 1909 in Book 132 at Page
256; and any and all assignments thereof or interest therein.
9. An easement for pipe line and incidental purposes granted to Panhandle Eastern
Pipe Line Company by the instrument recorded April 7, 1980 in Book 900 at
Reception No. 1821571.
10. An easement for pipelines and incidental purposes
Company, a Colorado corporation by the instrument
Book 943 Reception No. 1864833.
11. An easement for pipelines and incidental purposes
Company, a Colorado corporation by the instrument
in Book 964 at Reception No. 1883554.
12. An easement for pipelines and incidental purposes
Company, a Colorado corporation by the instrument
in Book 1015 at Reception No. 1950343.
13. An Oil and Gas Lease, from H. C. Garnett and Erna A. Garnett d/b/a H.C.
--Continued
granted to Coors Energy
recorded July 29, 1981, in
granted to Coors Energy
recorded February 19, 1982
granted to Coors Energy
recorded December 16, 1983
970217
10/23/96 13:46:42 jp mm2992
Form No. 1344-B2 (CO -88)
ALTA Plain Language Commitment
File# UO19898A96
Schedule B - Section 2 continued
Order No. UO19898A96-3
Garnett Investment Company, a Colorado Corporation as Lessor(s) to
Transcontinent Oil Company as Lessee(s) dated October 14, 1992, recorded
December 28, 1992 in Book 1364 at Reception No. 2315864, and any and all
assignments thereof or interests therein.
14. An Oil and Gas Lease, from Weld County, Colorado as Lessor(s) to
Transcontinent Oil Company as Lessee(s) dated November 18, 1992, recorded
December 3, 1992 in Book 1361 at Reception No. 2313199 and February 11, 1993
in Book 1370 at Reception No. 2321556, and any and all assignments thereof or
interests therein.
970217
Weld County School District Re -8
301 Reynolds Street
Fort Lupton, CO 80621
September 10, 1996
Mr. John Martin
Martin Brothers L. L. C.
Managing Partners
147 South Denver Avenue
Fort Lupton, CO 80621
Dear Mr. Martin:
At its September 9, 1996 meeting the Board of Education unanimously
approved your offer of $500 each time a lot is sold at the Buffalo Ridge
Estates.
Impact fees are due and payable to the City of Fort Lupton upon issuance
of your building permit or are due and payable within six months or upon
issuance of the certificate of occupancy, whichever is sooner.
If you have any questions or need additional information, please feel free
to give me a call at 857-6291. Thank you for your continuing support of
the students of Weld Re -8 School District.
Sincerely,
Anita T. Salazar
Interim Superintendent
xc: Todd Ziebarth, Fort Lupton City Planning Department
Jerry Pineau, City of Fort Lupton
Gene Watada, President, Board of Education
Ed Meier, Director of Business Affairs
970217
WIC ENGINEERING, INc.
Mr. Bill Childs
915 Denver Avenue
Fort Lupton, Colorado 80621
RE: V. my Resource Report for
Buff e Estates Subdivision
Dear Mr. Childs:
May 10, 1996
WRC File: 1862/4
This letter report is written to di the water availability and water demands for the Buffalo
Ridge Estates Subdivision. The analysis, in and conclusion are as follows:
A. PROPOSED SUBDIVIS',
The proposed subdivision is located in the SW'/a and the SE'% of the NW'% of Section 12,
Township 1 N, Range 66 West of the 6th Principal Meridian Weld County, Colorado (See Figure -1). This
195 -acre subdivision is proposed to consist of 52 single family residential sites and one lot for common open
space use. Restrictions are proposed which would limit the outside irrigated area of any single residential site
to 5,000 square -feet (SQ. No irrigation will be allowed on the open space lot. The anticipated fully developed
population of this subdivision is 182 people at an average density of 3.5 people per single family residence.
B. WATER DEMANDS
In-house water demands are estimated to he 80 gallons per capita per day (gpcd) for 182
people or 14,560 gpd. This results in an average in-house water demand of 16.3 AF/YR. The average annual
outside use water demands are estimated to be 4.0 acre feet/acre (AF/AC). Based upon 5,000 sf (0.115 acres)
lawn per lot and 52 lots, the total irrigation area is 5.97 acres. This results in a total annual outside use water
demand of 23.9 AF/YR. Therefore, the total annual water demand for this subdivision is 40.2 AF/YR.
The peak water demands are expected to occur during the summer months due to outside irrigation.
We estimate that the peak day water demand per lot will be 3.5 times the average summer day water demand
of 0.6 gpm or 2.1 gpm. This peak day demand will need to be met from the water supply source. Peak hour
demands per lot are expected to be 2.8 times the peak day demand or 5.9 gpm. The peak hour demands are
proposed to be met from on -site treated water storage tanks.
Fire flow demands are proposed to be met through individual residential sprinkler systems. This
requires a minimum of 31 gpm for 10 minutes for single family residence (National Fire Protection
Association Standard 13D). For sizing of the distribution pumps and storage tanks, the total demand during
a fire is based upon peak day usage plus fire flow for a single lot. For eight lots on one system, the total
CONSULTING ENGINEERS
970217
950 SOUTH CHERRY STREET • SUITE 404 • DENVER, COLORADO 80222 • (303) 757-8513 • FAX (303) 758-3208
}
Mr. Bill Childs
May 10, 1996
WRC File: 1862/4
Page 2
demand would be 48 gpm (2.1 gpm x 8 lots maximum + 31 gpm). The distribution pumps will actually be
sized to meet a 60 gpm maximum demand. Each lot will be limited to allow only a maximum of 10 gpm on
a single irrigation sprinkler system zone.
C. WATER SUPPLY AVAILABILITY
It is proposed that water from the Laramie -Fox Hills formation will be used to supply water
to this subdivision. For this 195 acre property, the bottom of the Laramie -Fox Hills formation is located from
800 to 1,100 feet below the ground surface and is considered to be non -tributary. Therefore, under Senate
Bill 5 rules, 2% of the water withdrawn from this aquifer ❑ ust be returned to the surface/alluvial water
system. Since septic systems are proposed for wastewater disposal and outside irrigation is used, the 2%
return requirement will be met.
Based on published information, the Laramie -Fox Hills formation under the subject 195 acre
properly exhibits the following characteristics (per the Denver Basin Rules):
Average Ground Surface Elevation
Average Formation Top Elevation
Average Formation Bottom Elevation
Average Saturated Sand Thickness (ft)
Average Specific Yield
5,075
4,275
3,975
160
15%
Therefore, the estimated total amount of water available for this property based upon a 100 -
year aquifer life is 46.8 AF/YR. This amount of water is sufficient to meet the 40.2 AF annual water
demands of the subdivision based upon a 100 -year supply requirement.
The proposed subdivision is proposed to be supplied water from the Laramie -Fox Hills
formation through seven wells drilled to the bottom of the formation. Based upon water the water demand
requirements, each well would need to be able to pump at a peak rate of 17 gpm. The subject wells should
be screened, graveled packed, and developed properly in order to reduce the movement of formation particles
into the well.
A review of well driller reports from Laramie -Fox Hills wells drilled in the immediate
vicinity of this property indicates average yields from 9 gpm to 30 gpm with an average of about 15 gpm.
Based on these yields, seven wells should be able to supply the required Laramie -Fox Hills water at the
required demand rates. Additional wells may need to be drilled in the event the yields are lower than the
figures shown above.
D. WATER QUALITY
In general, the quality of water in the Laramie -Fox Hills aquifer is fair to good for domestic
uses. Predominantly, the Laramie -Fox Hills aquifer produces soft, slight to moderately mineralized water.
The quality of water varies throughout the aquifer with localized areas with high concentrations of iron,
fluoride, sodium, and bicarbonate. Based upon review of available water quality data from Laramie -Fox Hills
wells, it appears that the quality of water for this subdivision will meet the Colorado Department of Public
Health and Environment's requirements for a public water supply system. We believe that the anticipated
970217
Mr. Bill Childs
May 10, 1996
WRC File: 1862/4
Page 3
level of fluoride will be above the non -enforceable secondary contaminate level of 2.0 mg/I and thus will
require notification of such to potential home buyers. Residents in the project vicinity, tapping the Laramie -
Fox Hills, have experienced the presence of dart material in their water supply. We believe that this material
can largely he attributed to improper completion and development of the subject wells.
Provisions will be taken during the wells design and construction to minimize the amount of
formation material which can filter through into the domestic supply system. This will include the use of well
screens and gravel packs designed for this specific formation.
E. WATER SUPPLY SYSTEM
The proposed water supply for this subdivision would consist of (7) separate supply systems
serving 7 to 8 lots, each of which would contain the following components:
1 - Laramie -Fox Hills well
1 - Chlorination unit
1 - 10,000 gallon storage tank
- 60 gin -it distribution booster pump system
The storage tank is sized to meet peak hour demands plus fire flow. This estimated minimum
storage is based upon 300 GPCD x 8 homes x 3.5 people + 310 gallons fire flow or 8,710 gallons. To allow
for operational inefficiencies, 10,000 gallons of storage is proposed. The proposed systems will be tied
together in pairs (except one 7 lot system) to allow for exchange of water in case of an emergency.
In conclusion, the proposed water supply system should provide a dependable supply of water
and of adequate water quality.
If you have any questions regarding this report, please do not hesitate to call.
Respectfully submitted,
WRC ENGINEERING, INC.
Alan J. Leak, P.E.
Project Manager
AJL/jIb
970217
.,I
t:
a
elOO
GRHOwpropriguring7ict 11144m/P, 2/3
..........,..''Rt c, MAR
.. .Lit SIIliltL 14, Merin
ltatapeLaa Na...,.a,lFil 367"X,... .......... _........ .. .........�., ..
I
W I
td
r) I
to
M
e
r
H
r
O
t1
t r�
C-
..l
Tlae Urni, Mid, this 2nd der a January. It 76
began AROItl G. MANTIt1, a/k/a
ABM; MARTIN
County of Kola
al Rio
and Male sf i'elende, .f Ott urn part, and
TIA bpv rIII.Itsomityl,Iprtnersheld
and emote a
Cobras, of Ma ssrend rent
wtt$eagYTN, nun *4 aid wet yd the ant part, far and In renddrna d lllh..an d
other valuable consideration and Ten and 00/100 lon.urno
la nub peal rat y Si tM era put In land pall br.JI Put ion •f im saM part lh. mMpl sand Is
►a•aby manta pad .aknn..Mr1•A ha a granted, b'trgs,w4. told ad .snared, and W them prwee%o M as
grunt, bunk, sail, chomp aM opens, sate w UM pant, insa the pal peal Man sad wire few
ant, all lM fala.l.e dwnlW ha of Parole of Mad. amain, IMAR and ►h.l Ih 1M
Coady d Weld bad Mae d ONottdn, loath
(see Attached legal description attached
hereto and by reference made a part hereof.)
Minn NM oa .ad Amstar Oa Ier.Mw.aaha and mittooa .a Iheraal Mar•°gh w w .i nit.
enertaieboa, sal the .r$111.4 aad trefla.a, r,Iwal1W and ....hare reel. Mesa and piano panel, 54 all
W ulna. nail, tide, 1.1.11.4 titbit and d...nd whatoorty .f The pad ►art y a II. one put, sale. M Law
.r only, of, b sad in Oar also Iary M S press, nth 04 toitailtuaatita and .fl.,_ta.ra
TO NATY AND TO N01.D us anal pushes au, ber JeeE .d dsMMd with the 14.4Suww, ante aM
ARIA lowly .f lM. aw...d pro the leen and amino fount. And Oa rail party d U. DM pun.
far her sir .tier lava, .ewrlwt, tad aaanddrawa. do is reload, rant, b..ra* u4 ales is mad
nth the .N ra.1 j r.! of W w.ARnd put. halm and a.lr1M, that at Ow U..* of W 'swam vM daalmi
a ewe. emb...e.L we .a0 nand of W 'maul .hear taanp.l, a. of rood, sun, p..fwl, aARI.La .M
md.fs.1Wa east. d W4'Heaan, hi Law. In I.e d.tpla, ofd m n rod right, MI parr nut lawful a.iM.ltp
to not, !.grade, 1411 and ,'sayer OM =MO w maMO.' and low. Y ,lrt.Yld, and that Ur tea an Iota and Our
Ina o0 fanner and aaMr 'matt hu boa sal., Ilea, uer, eaw.snemle arid .na.nh,w.eno of amoral Ma at
aaa.rw.e...t• except reanrvations. excepticlta and envenlant,, of record.
and tha above t.Hralard prandial In W oast and pueaobl. pasmdee of W pal pail Len d One amid part,
their kiln and wll.n. Agalnal in and ,nary pans or pavan Lawfully .W.dnr or to elan. 1M whole
er any part therm* W ARIA pan y at lM ant pan .hat and will WARRANT AND ToodwoN 0EfRhID.
IN WITNESS W ItERROP, tho add part y of lb. tint put ha a luaus oat he r toed
and seal ' lbo alp ad year tint awn oration.
i
*TATE OR COLORADO,
County et Welt!
TLC fer.gnM lnatnnnt we. .tlotowi.dd*d Paten III. Ihlr 2nd day of Jan'�uar_ycc��!!-y9,,i{��,..
Ia7M !haggis L, Martin, a/k/a Argie Martin n, •tel�ryJr/f^(�"1717Vp
wyM N�.IF, 4; rte Aua;uRt 70. ( ((J' 'Y
.., r A l 01 r I,.
wa,w. NM*
K. 11 'f � (.' 1, s F.UW,W
Argie t. martin..4 SMALL
\ I. t.. A C. j ..� '..\ r t 4. I L.a`IgEA,LI
a/k/a Ar'gle Martin
day, 18. 1994 ..'10:44AM UNITE i 1TLE GREEL]' " " ""'" --"—No, 1114---P, 3/3
^ �p
762 itiS18 7
4
:4W 1/4 and S 1/2 of Section 12, Township 1 north, Range
66 west of 6th P.M., Weld County, Colorado, except the
following parcels:
1. All of MARTIN SCIDIVISION, a subdivision in Section
12, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
2. Deed to Thomas U. Pennet.ta and Olivia Ponnetta, r�-
corded February 18, 1972, in Book 662. Reception No.
1584043 of the Weld County Clerk and Recorder's
office.
3. Deed to Glen U. Nelson and Vicki L. Nelson, recorded
February 13, 1973, in Deck 685, Reception No. 1607198
of tho Weld County Records.
4. Deed to Martin Brothers, recorded December 9, 1971,
in Book 658, Reception No. 1579931 of the Weld
County Recordn.
Deed to Richard Michael Donahue and Elizabeth A.
Donahue, recorded January 23, 1974, in Book 707,
Reception Bo. 1628894, of the Weld CountyRecords
970217
ohn Akolt, III
eneral Counsel
F
Ric
C
0
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
BO South 27th Ave. • Brighton, CO 80601
Telephone: 303-659-7373 • FAX 303-659-6077
May 10, 1996
Mr. John T. Martin
147 South Denver Avenue
Ft. Lupton, CO 80621
Re: Speer Canal/Martin Estates
Dear Mr. Martin:
This is to set forth the company policy concerning the
location of bridges across the Speer canal.
Bridges are approved in accordance with FRICO's Design
Review Process and Design Criteria for Facilities, a copy of
which is attached.
While no changes to the design review process are
contemplated at this time, FRICO reserves the right to make such
changes or alterations as it deems appropriate.
Whatever standards are in effect at the time a bridge
crossing is requested from the company would be the standards and
procedures in effect at the time any request is received.
970217
liUt-UIU%UU UIVIOIUIi Lit Yi/i1 LII IIL0UUt1UL0
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
'ROVED
1M
LIC
ICANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970)857-4800
AMR- TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047216 - F__-
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 1
Block: 5 Filing:
Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 NW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION LINES
1930 Ft. from North Section Line
1970 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated $4(7I c -s ^\< r 02 4 )5,96
This well shall be constructed at least 600 feet from any existing well completed Into the same aquifer that Is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hills aquifer which is located at a depth of approximately 760 feet below land surface
and extends to a depth of approximately 1,060 feet below land surface. Plain casing must be installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior
to installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well in combination with the applicant's 6 other wells
designated MBP-LFH-1 through MBP-LFH-6 Is 43.6 acre-feet.
A totalizing flow meter must be installed on the well and maintained In good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
I Pursuant to CRS 37.90-137(9)(b) and the Denver Basin Rules, lho more than 98% of the nontributary ground water withdrawn
annually shall be consumed- and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
The owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDRIONAL CONDRIONS OF APPROVAL
OWNER'S Copy
.2;m% zeitt_no____
970217
JOHN T. MARTIN
PERMIT NO. 'IV I (11D"F
CONDITIONS OF APPROVAL (Continued)
13) This well is subject to administration by the Division Engineer in accordance with
applicable decrees, statutes, rules, and regulations.
NOTE: The ability of this well to withdraw its authorized amount of water
from this non-renewable aquifer may be less than the 100 years
upon which the amount of water in the aquifer is allocated, due to
anticipated water level declines.
ii
OWNER'S COPY
970217
FINDINGS OF THE STATE ENGINEER
IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER
DIVISION NO. 1, WELD COUNTY, COLORADO
APPLICANT : JOHN T. MARTIN
AQUIFER: LAARRAMIE-FOX HILLS
PERMIT NO.: 41RI6 a 1�LL
In compliance with C.R.S. 37-90-137(1) and the Statewide Nontributary Ground Water
Rules, John T. Martin, 147 South Denver Avenue, Ft. Lupton, CO 80621, (hereinafter "applicant")
submitted an application for a permit to construct a well. Based on information provided by the
applicant and records of the Division of Water Resources, the State Engineer finds as follows:
1. The application was received complete by the State Engineer on August 9, 1996.
2. The applicant proposes to construct the well in the SEA of the NW+/. of Section 12,
Township 1 North, Range 66 West, 6th Principal Meridian.
3. The proposed well is located outside the boundaries of a designated ground water basin.
4. The applicant proposes to apply the water withdrawn from the well to the following
beneficial uses: Commercial and municipal.
5. The proposed maximum pumping rate of the well is 70 gallons per minute, and the
requested average annual amount of ground water to be withdrawn Is 45 acre-feet in
combination with six (6) other wells.
6. The applicant is the owner of the land on which the well will be constructed.
7. The proposed well would withdraw ground water from the Laramie -Fox Hills Aquifer
(hereinafter "aquifer"), which, according to the Denver Basin Rules, is located at a depth of
approximately 760 feet below land surface and extends to a depth of approximately 1,060
feet below land surface at the location of the proposed well.
8. The location of the proposed well is more than 600 feet from any existing well completed
in the aquifer.
9. According to a sworn statement, the applicant owns, or has consent to withdraw ground
water underlying 195.472 acres of land as further described in said statement, which is
attached hereto as Exhibit A.
10. Withdrawal of ground water from the aquifer underlying the land claimed by the applicant
will not, within one hundred years, deplete the flow of a natural stream at an annual rate
greater than one -tenth of one percent of the annual rate of withdrawal and therefore the
ground water is nontributary ground water as defined In C.R.S. 37-90-103(10.5).
970217
i�NNut,wIt- Jul u I. 'vial in Page 2
Aquifer: Laramie -Fox Hills
Permit No.: �� • F
11. In considering whether the requested permit shall be approved the provisions of C.R.S.
37-90-137(4) and the Denver Basin Rules shall apply. Withdrawals shall be allowed on the
basis of an aquifer's life of 100 years, C.R.S. 37-90-137(4)(b)(I).
12. The quantity of water in the aquifer, exclusive of artificial recharge, underlying the 195.472
acres of land described in Exhibit A is 4,398 acre-feet. This determination was based on
the following as specified in the Denver Basin Rules:
a. The average specific yield of the saturated aquifer materials underlying the land under
consideration is 15 percent.
b. The average thickness of the saturated aquifer materials underlying the land under
consideration is 150 feet.
13. A review of the records in the State Engineer's office has disclosed that there is an existing
well withdrawing ground water from the aquifer underlying the land claimed by the
applicant. Well Permit Number 114126 was issued to Mike A. Romero on May 20, 1980
for the construction of a well in the SW1/4 of the SW1/s of Section 12, Township 1 North,
Range 66 West, 6th P.M. to withdraw ground water from the aquifer for household use.
To prevent material injury to such vested water rights, the quantity of water underlying the
land claimed by the applicant which is considered available for withdrawal has been
reduced from 4,398 acre-feet to 4,365 acre-feet. This reduction was based on a calculation
of the ground water necessary to provide a quantity of water underlying such lands as
would be sufficient for the persons entitled to withdraw water under the existing permit to
withdraw the average annual amount of water from the aquifer for the minimum useful life
of the aquifer (100 years).
14. An application for nontributary underground water rights for the proposed well not is
pending in the Division 1 Water Court.
Based on the above, the State Engineer finds that there is water available for withdrawal
by the proposed well and no material injury to vested water rights would result from the issuance
of the requested permit subject to the following conditions:
a. The allowed average annual amount of water to be withdrawn from the aquifer by this
well, in combination with the other six (6) wells for which the applicant has requested
permits, shall not exceed 43.6 acre-feet (the quantity of water which is considered available
divided by the 100 year aquifer life). •
b. The well shall be constructed no more than 200 feet from the location specified on the
permit application and no closer than 600 feet to the existing well under Permit No.
114126.
c. The applicant shall submit geophysical and lithologic logs after the construction of the
well. The geophysical logs shall be obtained from the hole before the casings are
installed.
d. The maximum pumping rate of the well shall not exceed 70 gallons per minute.
970217
i \ppiieai IL: Jul II I I. Mal tic I
Aquifer: Lar lj 2,fbs r
Permit No.: ii((?? ��•
Page 3
e. A totalizing flow meter must be installed on the well and maintained in good working
order. Permanent records of all diversions must be maintained by the well owner
(recorded at least annually) and submitted to the Division Engineer upon request.
f. Production is limited to the Laramie -Fox Hills Aquifer. The well must be constructed
with plain, non -perforated casing properly grouted so as to prevent intermingling of water
between aquifers.
g. Pursuant to C.R.S. 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of
the nontributary ground water withdrawn annually shall be consumed and the applicant
shall demonstrate to the reasonable satisfaction of the State Engineer that no more than
98% of the water withdrawn will be consumed.
h. The owner shall mark the well in a conspicuous place with appropriate well permit
numbers, name of the aquifer, and court case numbers. He shall take necessary means
and precautions to preserve these markings.
Dated this
Prepared by: DAM
404781AFDG/Fam #0548(q
02 3'day of
By:
,19 /�
Ha D. Simpson
State Engineer
Al Edkermann, P.E.
Water Resources Engineer
970217
-25 CULURAUU DIVISION OF WA1ER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
JCANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970) 8574800
;RIM- TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047217
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 1 Block: 4 Filing: Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 NW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION UNES
2570 Ft. from North Section Line
1620 Ft. from West' Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDRIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In
accordance with Rule 18.
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated S.74 -n,. .2 3, / of ? C.
This well shall be constructed at least 600 feet from any existing well completed into the same aquifer that is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hills aquifer which is located at a depth of approximately 785 feet below land surface
and extends to a depth of approximately 1,085 feet below land surface. Plain casing must be installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysically logged as required by the Statewide Nontrlbutary Ground Water Rules prior
to installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well in combination with the applicant's 6 other wells
designated MBP-LFH-1 through MBP-LFH-4, MBP-LFH-6 and MBP-LFH-7 is 43.6 acre-feet
A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annualy) and submitted to the Division Engineer upon request.
Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water withdrawn
annually shall be consumed end the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
The owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDRIONAL CONDRIONS OF APPROVAL
ROVED
M
OWNER'S COPY
97021';
iJUI_V.0 1(� U! Lna.JJlll14 ill Y WI t IGI i IiLJUUIttjLJ
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
UC
LICANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970)857-4800
ERMIT TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047218 - -
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 9 Block: 2 Filing:
Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 SW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION LINES
1490 Ft. from South Section Line
630 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief In a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In
accordance with Rule 18.
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated Scrle...t,rr .23 lqq `,
This well shall be constructed at least 600 feet from any existing well completed into the same aquifer that Is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production Is limited to the Laramie -Fox Hills aquifer which it located at a depth of approximately 830 feet below land surface
and extends to a depth of approximately 1,120 feet below land surface. Plain casing must be installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysically logged as required by the Statewide Nontdbutary Ground Water Rules prior
to installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well in combination with the applicant's 6 other wells
designated MBP-LFH-1, MBP-LFH-2, and MBP-LFH-4 through MBP-LFH-7 is 43.6 acre-feet
l) A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
I) Pursuant to CRS 3790-137(9)(b) and the Denver Basin Rulesno more than 98% of the nontributary ground water withdrawn
annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
') The owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDmONAL CONDfTTONS OF APPROVAL
PROVED
'AM
� OWNER'S COPY
did
970217
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 8663581
LIC
UCANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970)857-4800
ERMrT TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047219
E_
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 1
Block: 2
Filing:
Subdlv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 SW 1/4 Section 12
Twp 1 N RANGE 66 W
6th P.M.
DISTANCES FROM SECTION LINES
530 Ft from South Section Line
1600 Ft. from West. Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18. pp
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated �oq w 4 `1 o'L$� /9S G .
This well shall be constructed at least 600 feet from any existing well completed into thesameaquifer that is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hips aquifer which is located at a depth of approximately 825 feet below land surface
and extends to a depth of approximately 1,115 feet below land surface. Plain casing must be Installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysioally logged as required by the Statewide Nontributary Ground Water Rules prior
to installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well in combination with the applicant's 6 other wells
designated MBP-LFH-2 through MBP-LFH-7 is 43.6 acre-fea
A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request
Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, }to more than 98% of the nontributary ground water withdrawn
annually shall be consumed,and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
The owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDfTIONAL CONDmONS OF APPROVAL
'ROVED
\M
OWNE COPY
970217
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 8663581
LIC
JCANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970)857-4800
ERMfT TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047220 -
DN. 1 CNTY. 62 WD 2 DES. BASIN
MD
Lot: 4 Block: 1 Filing:
Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 SW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION LINES
400 Ft. from South Section Une
870 Ft. from West, Section Une
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does
not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief In a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated elt.,1 -' / r 9 7
This well shall be constructed at least 600 feet from any existing well completed into the same aquifer that is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hills aquifer which Is located at a depth of approximately 830 feet below land surface
and extends to a depth of approximately 1,120 feet below land surface. Plain casing must be installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior
to Installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well In combination with the applicant's 6 other wells
designated MBP-LFH-1 and MBP-LFH-3 through MBP-LFH-7 is 43.6 acre-feet
A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, %to more than 98% of the nontributary ground water withdrawn
annually shall be consumed.and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
The owner shall mark the well In a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDRIONAL CONDITIONS OF APPROVAL
ROVED
4M
74/
Z e
OWNER'S COPY
970217
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
UC
LICANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970)857-4800
ERMET TO CONSTRUCT A WELL
WELL PERMfT NUMBER 047221 -
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 15
Block: 2
Filing:
Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 SW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION LINES
2290 Ft. from South Section Line
630 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDRIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In
accordance with Rule 18. -y /
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated Swb^^ ., Ll a 3
This well shall be constructed at least 600 feet from any existing well completed into the same aquifer that Is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hills aquifer which is located at a depth of approximately 810 feet below land surface
and extends to a depth of approximately 1,105 feet below land surface. Plain casing must be installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior
to installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well in combination with the applicant's 6 other wells
designated MBP-LFH-1 through MBP-LFH-5, and MBP-LFH-7 is 43.6 acre-feet
A totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
Pursuant to CRS 37-90-137(9) (b) and the Denver Basin Rules,4no more than 98% of the nontributary ground water withdrawn
annually shall be consumedand the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
more than 98% of the water withdrawn will be consumed.
The owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
numbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
SEE ATTACHED SHEET FOR ADDRIONAL CONDMONS OF APPROVAL
'ROVED
AM
OWNER'S COPY
970217
i. ..._L. +./J, 1VLJ
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
UC
ICANT
JOHN T MARTIN
147 S DENVER AVE
FT LUPTON CO 80621-
(970) 857-4800
RMfT TO CONSTRUCT A WELL
WELL PERMIT NUMBER 047222
DIV. 1 CNTY. 62 WD 2 DES. BASIN MD
Lot: 8 Block: 3 Filing: Subdiv: BUFFALO RIDGE ESTATES
APPROVED WELL LOCATION
WELD COUNTY
NE 1/4 SW 1/4 Section 12
Twp 1 N RANGE 66 W 6th P.M.
DISTANCES FROM SECTION LINES
1530 Ft. from South Section Line
1750 Ft. from West" Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmoNS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief In a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18. Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated `.tpri-in.1-44 O �9 / (O .
This well shall be constructed at least 600 feet from any existing well completed Into the same aquifer that Is not owned by the
applicant.
This well shall be constructed not more than 200 feet from the location specified on this permit.
Production is limited to the Laramie -Fox Hills aquifer which is Idcated at a depth of approximately 800 feet below land surface
and extends to a depth of approximately 1,095 feet below land surface. Plain casing must be Installed and properly grouted to
prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers.
[he entire length of the hole shall be geophyslcally logged as required by the Statewide Nontributary Ground Water Rules prior
'o installing casing.
The maximum pumping rate shall not exceed 70 GPM.
The allowed average annual amount of ground water to be withdrawn by this well In combination with the applicant's 6 other wells
iesignated MBP-LFH-1 through MBP-LFH-3, and MBP-LFH-5 through MBP-LFH-7 is 43.6 aere-feet
1 totalizing flow meter must be installed on the well and maintained in good working order. Permanent records of all diversions
Rust be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
'ursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water withdrawn
mnually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no
note than 98% of the water withdrawn will be consumed.
he owner shall mark the well in a conspicuous place with well permit numbers(s), name of the aquifer, and court case
lumbers(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
:EE ATTACHED SHEET FOR ADDmONAL CONDrDONS OF APPROVAL
)VED
diz
Sint. Fnnln•.r
OWNER'S COPY
x/1 7
970217
iu n[i i7`_+b ib:23 303-762-r '90
CDH WQCD WQCC
PAGE 02
STATE OF COLORADO
Ray Romer, C
Pall shwayder. calm Director
Dedicated to ..... ,y and improving the health and emlmnme„ t of the people of Colorado
4300 Chary Dr. S. Laboratory eufldl'l
Denver, Colo x0122-1530 4710 E. 11th Avenue
Phone (303169 .2000 Denver. Colorado 60220.3716
(303) 691-4700
Dece' '.er 2, 1996
John T. Martin
Buff• lo Ridge Estates Subdivision
147 outh Denver Avenue
Fort Lupton, CO 80621
RE: Proposed Water System for the Buffalo Ridge Estates
Subd vision located in Weld County
Dear Mr. Martin:
attreatt,neatt
The ivision has reviewed the plans and specifications for the
pot le water system improvements to serve the above referenced
subvision and no variances from the State Design Criteria were
not a. Since this is a proposed subdivision, it will be
cla-sified as a private water system until either the number of
tap-, or the population served exceeds 25 persons. To proceed
wit construction, a conditional approval is granted based on the
fol owing:
1. All new water systems must monitor for: inorganic, nitrate,
nitrite, sodium, corrosivity (temp. pH, alkalinity, calcium
and TDS or Conductivity), radioactivity and organic (Phase
I, II, and V). Enclosed is the laboratory form to report
the results.
2. The Division must be notified when number of taps or the
population served exceeds 25 persons. At that time, the
Division will assign a PWSID number and establish a chemical
monitoring schedule.
3. Upon completion of construction, the consulting engineer
must submit a letter indicating the improvements were built
in accordance with the approved plans. The Division will
schedule a site inspection after the receipt of the letter.
4. As a ground water system, it must be operated under the
supervision of a "D" level (minimum) licensed water
operator.
9'70231
Fag = 2
Dec 2, 1996
Mr. Martin
5. Sample taps should be added to the piping from the well and
after chlorination.
6. The wells should be submitted after the wells have been
constructed.
7. The owner has one year to begin construction on the water
system or this conditional approval will expire.
App oval of this project is based only on engineering design to
pro ide safe potable water, as required by the Colorado Primary
Dri kin• Water Relations and in no way shall influence the
loc=1 building department or the local health department
dec sions on this project.
If ou have any questions please call.
Sin.erely,
alt.---
Gre• Akins
Dri king Water Program
Wat=r Quality Control Division
Enc osure
cc: File: misc.county - Debbie Getz, CDH-Drinking Water
Victor Sainz, CDH-Field Support
Weld County Health Dept.
Alan J. Leak, WRC Engineering, Inc.
u
970217
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR BUFFALO RIDGE ESTATES
M1056\001DecCCR.BRE October 16, 1996
970217
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF BUFFALO RIDGE ESTATES
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
BUFFALO RIDGE ESTATES (the "Declaration") is made as of August , 1996, by Martin
Brothers Partnership, LLC, a Colorado limited liability company (the "Declarant").
RECITALS
A. Declarant is the owner of the "Property" (as such term is defined below), located in
the County of Weld, State of Colorado. The Property initially subjected to this Declaration is
depicted as Buffalo Ridge Estates, Phases 1-7, recorded in the real property records of Weld County,
Colorado in Plat Book , at Pages and , on 1996, at
Reception No. (the "Plat"). A copy of the Plat is attached hereto as
Exhibit A. The Property consists of 52 Lots, plus the streets identified therein. The identifying
numbers for the Lots of the Property are attached hereto as Exhibit B.
B. The Property consists of approximately 195.472 acres and is part of the planned
community commonly known as "Buffalo Ridge Estates."
C. Declarant, as a "Developer" has subdivided the Property into 52 Lots and associated
Common Areas. Further, Declarant now desires to create a planned community and to establish
certain mutually beneficial easements, covenants, restrictions and equitable servitudes for the
cooperative development, improvement, use, operation, maintenance, repair and enjoyment of such
planned community under a general plan for the purpose of enhancing and perfecting the value,
desirability and attractiveness of such planned community.
DECLARATION
NOW, THEREFORE, Declarant hereby declares that the Property is a planned community
within the meaning of the Act and shall be owned, held, conveyed, encumbered, leased, improved,
used, occupied and enjoyed subject to the following covenants, conditions, restrictions and equitable
servitudes in furtherance of, and the same shall constitute, a general plan for the subdivision,
ownership, improvement, sale, use and occupancy of the Property and to enhance the value,
desirability and attractiveness of the Property. This Declaration shall (i) run with the land and all
parts thereof at law and as an equitable servitude; (ii) bind all Persons having or acquiring any
interest in the Property or any part thereof; (iii) inure to the benefit of and be binding upon every part
of the Property and every interest therein; and (iv) inure to the benefit of, be binding upon, and be
enforceable by Declarant, its successors in interest; each Owner, their grantees, heirs and assigns and
M1056\001DecCCR.BRE
2 October 16, 1996
970217
successors in interest; the Association and its successors in interest. The name of the planned
community created by this Declaration is Buffalo Ridge Estates.
ARTICLE 1
DEFINITIONS
1.1 Definitions. Unless the context otherwise specifies or requires, the following words and
phrases when used in this Declaration shall have the meanings specified below.
1.1.1 "Act" means the Colorado Common Interest Ownership Act codified at
Colorado Revised Statutes ("C.R.S.") §§ 38-33.3-101 et seq. as amended.
1.1.2 "Additional Lands" means lands which are contiguous to the Property which
is described on Exhibit A attached hereto. For the purposes of this Section, real property separated
from the Property on attached Exhibit A by Common Areas, public rights -of -way and/or any other
public property will be deemed to be contiguous.
1.1.3 "Architectural Review Committee" means the Committee described in Section
5 of this Declaration.
1.1.4 "Articles" means the articles of incorporation of Buffalo Ridge Estates
Homeowners' Association, Inc., a Colorado nonprofit corporation, presently formed or to be formed
by Declarant, which have been or will be filed in the office of the Secretary of State of the State of
Colorado, as the same may from time to time be amended.
1.1.5 "Assessments" means the Regular Assessments and the Special Assessments.
1.1.6 "Association" means Buffalo Ridge Estates Homeowners' Association, Inc.,
a Colorado nonprofit corporation, and its successors and assigns.
1.1.7 "Association Property" means all real and personal property now or hereafter
owned by, or leased to the Association.
1.1.8 "Beneficiary" means a mortgagee under a mortgage or a beneficiary under a
deed of trust, as the case may be.
1.1.9 "Board" means the Board of Directors of the Association.
1.1.10 "Bylaws" means the Bylaws of the Association which may be adopted by the
Board, as such Bylaws may be amended from time to time.
MI 056\001DecCCR.BRE
3 October 16, 1996
970217
1.1.11 "Common Area" means any portion of the Property together with all
improvements thereon owned by the Association itself for the primary benefit of all Members and
the Property as a whole including, without limitation, the Well System landscaped areas adjacent
to public rights -of -ways, landscaped areas within island and/or median areas associated with public
rights -of -ways, entrance areas, postal facilities, parking areas, trails, parks, gardens, detention or
retention facilities, Recreation Areas and other personal and real property now or hereafter owned
or controlled by the Association. Common Areas are subject to the terms, limitations, rules and
regulations provided in this Declaration and those established by the Board from time to time.
1.1.12 "Declarant"means Martin Brothers Partnership, LLC, a Colorado limited
liability company. The term Declarant shall also include one (1) or more successors in interest
which have been designated in writing (which writing shall be recorded in the Records) by the then
existing Declarant as a "Declarant" and who have purchased all or substantially all of the Property
then owned by the existing Declarant.
1.1.13 "Developer" means a Person, other than the Declarant, that purchases or owns
a portion of the Property for purposes of subdivision, development and/or resale.
1.1.14 "Development Rights" means the rights hereby reserved by the Declarant to;
(i) annex and subdivide the Additional Lands or any portion thereof, and to make them subject to
this Declaration; (ii) create Lots and/or Common Areas within the Property and on the Additional
Lands; (iii) further subdivide Lots or convert Lots into Common Areas; and (iv) after annexation of
any portions of the Additional Lands, to withdraw portions of the then -annexed Additional Lands
from the planned community for conveyance to Weld County, the State of Colorado or any other
entity or individual to be used for streets, parks, utilities, water systems or for any other purpose for
the benefit of the Association and/or to comply with applicable ordinances, laws, rules or
regulations.
1.1.15 "First Mortgage" means any unpaid and outstanding mortgage, deed of trust
or other security instrument encumbering the Property or a portion thereof recorded in the Records
having priority of record over all other recorded liens except those liens made superior by statute
(such as, for example, general ad valorem tax liens and special assessments, mechanic's liens and
the Association's lien for Assessments).
1.1.16 "First Mortgagee" means any Person named as a mortgagee or beneficiary
under any First Mortgage, or any successor to the interest of any such Person under such First
Mortgage.
1.1.17 "General Common Allocation" means with respect to each Lot, the fractional
number obtained by dividing one (1) by 52, which number is the initial number of Lots in the
Project. The General Common Allocation shall mean, with respect to each Lot, the fractional
number obtained by dividing one (1) by the number of Lots in the Project, at such time as any
M1056\001DecCCR.BRE
4
October 16, 1996
97 0 217
Additional Lands are platted and subdivided. Fifty-two (52) is the total number of Lots existing
from time to time, excluding Lots which may be developed on Additional Lands.
1.1.18 "Improvement" means every structure and all appurtenances thereto of every
type and kind including, but not limited to, buildings, outbuildings, fixtures, utilities, patios, tennis
courts, swimming pools, garages, doghouses, mailboxes, aerials, antennas, roads, driveways, parking
areas, fences, screening walls, retaining walls, stairs, decks, landscaping, windbreaks, plantings,
planted trees and shrubs, poles, signs, exterior air conditioning units, water softener fixtures or
equipment, poles, pumps, wells, tanks, solar collectors, reservoirs, pipes, lines, meters, towers and
other facilities used in connection with water, sewer, gas, electricity, solar energy, telephone, regular
or cable television, or other utilities.
1.1.19 "Lot" means and refers to any plot of land shown upon any recorded
subdivision map or plat of the Property or any portion thereof, with the exception of the Common
Area, but including all appurtenances and improvements now or hereafter located thereon. The term
"Lot" is synonymous with the term "unit" as defined in the Act. The total number of Lots planned
for the Property by the Declarant in its sole discretion shall not exceed 52 Lots, exclusive of Lots
which may be developed on Additional Lands.
1.1.20 "Member" means any Person who is a member of the Association pursuant to
Section 4.2.
1.1.21 "Nondeclarant Votes" means the votes determined pursuant to Section 4.2
which are not owned or controlled by Declarant.
1.1.22 "Owner" means a Person or Persons (including Declarant or any Developer),
owning a Recorded fee simple interest in a Lot from time to time. Such term shall include a contract
vendee under an installment land sales contract, but shall not include (i) the vendor under such a
contract; or (ii) a Person holding an interest in a Lot merely as security for the performance of an
obligation (unless and until such a security holder becomes an owner in fee simple of a Lot).
1.1.23 "Period of Declarant Control" means that period commencing upon recordation
of this Declaration and terminating 60 days after conveyance of 75% of the Lots that may be created
to Owners other than the Declarant. Notwithstanding the foregoing, the Declarant may voluntarily
(i) terminate the Period of Declarant Control, which election shall be in the sole discretion of the
Declarant; and/or (ii) surrender the right to appoint and remove officers and members of the Board
before termination of the Period of Declarant Control, but in that event, the Declarant may require,
for the duration of the Period of Declarant Control, that specified actions of the Association or the
Board, as described in a recorded instrument executed by the Declarant, be approved by the
Declarant before they become effective .
1.1.24 "Person" means a natural individual or any other entity with the legal right to
hold title to real property.
M1056 \ 001DecCCR.BRE
5 October 16, 1996
970217
1.1.25 "Plans and Specifications" means any and all documents designed to guide or
control the construction of an Improvement including, but not limited to, those indicating size,
shape, configuration or materials; all site plans; excavation and grading plans; foundation plans;
drainage plans; landscaping and fencing plans; elevation drawings; floor plans; specifications on all
building products and construction techniques; samples of exterior colors; plans for utility services
and all other documentation or information relevant to the particular Improvement.
1.1.26 "Project" means the common interest community created by this Declaration
as shown on the Plat, consisting of the Property, the Units and the Common Areas.
1.1.27 "Property" means initially all of the real property in Buffalo Ridge Estates
described on attached Exhibit A along with any and all Improvements now in place or hereafter
constructed thereon.
1.1.28 "Records" means the official real property records of Weld County, Colorado;
"to Record" means to file for recording in the Records; and "of Record" and "Recorded" means
having been recorded in the Records.
1.1.29 "Recreation Areas" means all Common Areas designated by Declarant as such
to be held for recreational purposes for the benefit of all Members and the benefit of the Property
as a whole; provided, however, that access to any area or facility may be limited to dues -paying
members, subject to fees and other charges, or otherwise conditioned or restricted, and made
available to non-members, all on such terms and conditions as the Board may determine.
1.1.30 "Regular Assessments" means those Assessments levied by the Association
pursuant to Section 4.8.
1.1.31 "Restrictions" means (i) this Declaration as amended from time to time; (ii)
the Rules from time to time in effect; and (iii) the Articles and Bylaws of the Association from time
to time in effect.
1.1.32 "Road System" means the roads within Buffalo Ridge Estates, including, but
not limited to, streets, sidewalks, paths, trails, and other transportation systems, thoroughfares, and
ways.
1.1.33 "Rules" means the rules adopted by the Board pursuant to Section 4.13.9, as
they may be amended from time to time.
1.1.34 "Security Interest" means an interest in real estate or personal property created
by contract or conveyance which secures payment or performance of an obligation. The term
includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land
sales contract, lease intended as security, assignment of lease or rents intended as security, pledge
M1056\001DecCCR.BRE
6 October 16, 1996
970217
of an ownership interest in an association, and any other consensual lien or title retention contract
intended as security for an obligation.
1.1.35 "Special Declarant Rights" means the rights hereby reserved for the benefit
of Declarant to perform the following acts as specified in parts 2 and 3 of the Act and Section 7.7
of this Declaration: to complete improvements indicated on the Plat or any Map; to exercise any
Development Right; to maintain sales offices, management offices, signs, advertising and marketing
the Property and models; to use easements through the Common Areas for the purpose of making
improvements within the Property and the Additional Lands; to make the Property subject to the
Declaration; to annex Additional Lands which shall thereby become subject to this Declaration and
to subdivide said Additional Lands into Lots, to dedicate and/or convey any lands which are a part
of the Property or a part of the Additional Lands to Weld County or other governmental body,
agency or entity or to any utility, in its discretion, to merge or consolidate a common interest
community of the same form of ownership; and to appoint or remove any officer of the Association
or any member of the Board during the Period of Declarant Control.
1.1.36 "Declaration" means this instrument as it may be amended from time to time.
1.1.37 "Special Assessments" means those Assessments levied by the Association
pursuant to Section 4.10.
1.1.38 "Subdivision" means a parcel of land which has been shown on a final and
recorded subdivision plat approved pursuant to, and in accordance with, the laws of Weld County,
State of Colorado, as the same may be amended from time to time.
1.1.39 "Total Allocated Votes" shall have the meaning set forth in Section 4.2.1.
1.1.40 "Tract" means those certain discrete areas established from time to time by
Declarant in its sole discretion.
1.1.41 "Buffalo Ridge Estates Design Guidelines" means those guidelines described
on Exhibit C attached hereto as the same may be modified by the Architectural Review Committee
in its discretion.
1.1.42 "Well System" means any waterline, appurtenances, water wells, accessories,
filtration, and pumping facilities, or portion thereof owned by the Buffalo Ridge Homeowners'
Association, Inc.
1.1.43. "Septic Systems" shall mean the septic systems installed by the owners of
Lots with the approval of the Buffalo Ridge Estates Homeowners' Association, Inc. and in
compliance with all local, state, and federal laws, rules, regulations, and ordinances.
M1056A00IDecCCR.BRE
7 October 16, 1996
970217
ARTICLE 2
DEVELOPMENT OF THE PROPERTY/ ANNEXATION
2.1 Subdivision and Development by Declarant. Declarant has subdivided the Property
into Lots for single family residential development. The Declarant intends to develop some or all
of such areas and, at Declarant's option, to designate areas as Common Areas, Recreation Areas, or
for other purposes for the benefit of the Property, in connection with the Plat. It is contemplated that
the Property will be developed pursuant to the Plat, as it may be amended or modified from time to
time, as a unified planned development community in which the development of, and restrictions
upon, each portion thereof will benefit each other portion and the whole thereof.
2.2 Annexation. Additional property may be annexed to the Property and subjected to the
Declaration from time to time with the consent of 75% of the votes in the Association and, during
the Period of Declarant Control, with the consent of the Declarant. Notwithstanding, and in addition
to the foregoing, up to and including 10 years from the date of recording of this Declaration, the
Declarant may annex into the Property any portion, or all of, the Additional Lands without the
consent of the individual Owners, Members (or any percentage thereof) and without the consent of
any First Mortgagees, insurers or guarantors. Each such annexation shall be effected by Recording
an amendment to this Declaration entitled "Declaration of Annexation" in the Records, which
document shall provide for annexation to the Declaration of the property described in such
document. Any purchaser of a portion of the annexed property is deemed to irrevocably consent to
annexation under the purview of this Declaration and to permit development in accordance with the
general plan established hereunder.
2.2.1 Upon the Recording of a Declaration of Annexation, the covenants, conditions,
and restrictions contained in this Declaration shall apply to the added land in the same manner as if
it had been originally subject to this Declaration; and thereafter, the rights, privileges, duties and
liabilities of the Persons subject to this Declaration shall be the same with respect to the added land
as with respect to the lands originally covered by this Declaration. The Declaration of Annexation
must comply with C.R.S. §§ 38-33.3-209 and 38-33.3-210 and must contain (i) a reference to this
Declaration, which reference shall state the date of Recordation and the recording information related
to this Declaration; (ii) a statement that the provisions of this Declaration shall apply to the added
land as set forth herein; (iii) an adequate legal description of the added land; (iv) an amendment to
the Map or, if such an amendment is not necessary, a new certification of the Plat in accordance with
C.R.S. § 38-33.3-209; and (v) during the Period of Declarant Control, Declarant's written consent
upon such terms as are acceptable to Declarant in its sole discretion if the Additional Lands are not
then owned by Declarant.
2.2.2 All provisions of this Declaration including, but not limited to, those provisions
regarding obligations to pay Assessments to the Association and any right to cast votes as Members
of the Association, shall apply to annexed property (including, but not limited to, all Lots contained
therein) immediately upon Recording an annexation document with respect thereto in accordance
M1056\001DecCCR.BRE
8
October 16, 1996
970217
with this Section 2.2. Improvements which are constructed on any property annexed by Declarant
shall be consistent, in terms of quality of construction, with Improvements constructed on the
Property prior to such annexation. Portions of the annexed property are not to be deemed Recreation
Areas or Common Area unless specifically so designated in the course of development or in a later
Declaration of Annexation.
2.3 Conveyance and Acceptance of Common Areas. Declarant expressly reserves the right
in the course of development of the Property to convey to the Association, and the Association shall
accept, certain areas such as open spaces, roads and drainage ways which for any reason are not
intended to be developed and/or other property or facilities (including the Well System) which are
deemed by Declarant to be most suitable as Common Areas of the Association. Prior to transferring
ownership of the first Lot in the Property or property which is annexed by Declarant as provided in
Section 2.2, as the case may be, to a member of the general public (i.e., not a Developer), Declarant
shall convey the Common Area contained in the Property, or in such annexed property, as
appropriate, to the Association.
ARTICLE 3
GENERAL RESTRICTIONS/PERMITTED USES
3.1 General Restrictions. All of the Property shall be owned, held, conveyed, encumbered,
leased, used, occupied and enjoyed subject to the following limitations and restrictions (collectively,
"Restrictions"):
3.1.1 Residential and Common Areas. All of the Property (excluding any Common
Area) shall be improved and used solely for residential use for single family homes except that any
Common Areas may be improved and used for active and passive recreational purposes for the
primary benefit of the Owners and occupants of Lots. In addition, Declarant (or the Board if such
authority is delegated to it by Declarant) may, in its sole and absolute discretion, as to any specific
residential area, permit other Improvements and uses consistent with the zoning then in effect for
such specific residential area.
3.1.2 Improvements and Use. Except as provided in Section 3.1.1, no Lot shall be
improved or used except as a dwelling or structure designed to accommodate no more than a single
family and its servants and occasional guests, plus Accessory Buildings, a garage, fencing and such
other Improvements as are necessary or customarily incident to a single-family residence. No
mobile homes, manufactured homes, double -wide or other trailers shall be permitted on any Lot.
3.1.3 Residential Use: Rentals. No residence on any Lot shall be used for any purpose
other than single family residential purposes. Nothing in this Declaration, however, shall prevent the
rental of property within a residential area by the Owner thereof for residential purposes, on either
a short or long-term basis subject to all the provisions of these Restrictions. No commune or similar
type living arrangements shall be permitted anywhere on the Property.
M1056 \ 001DecCCR.BRE
9 October 16, 1996
970217
3.1.4 Unsightly Articles. No unsightly article shall be permitted to remain on any Lot
or any other portion of the Property if it is visible from adjoining property or public or private
thoroughfares. Without limiting the generality of the foregoing, trailers, mobile homes, recreation
vehicles, graders, trucks (other than pickups), boats, tractors, campers, wagons, buses, sleighs,
motorcycles, motor scooters, snowmobiles, snow removal equipment and garden and maintenance
equipment shall be kept at all times (except when in actual use) in an enclosed structure or otherwise
fully screened from view. Further, no repair or maintenance work shall be done on any of the
foregoing, or on any automobile, other than minor emergency repairs, except in an enclosed garage
or other structure. Refuse, garbage and trash shall be kept at all times in a covered container and any
such container shall be kept within an enclosed structure or appropriately screened from view.
Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or
household fabrics shall be appropriately screened from view. No lumber, grass, plant waste, shrub
or tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed
to accumulate on any property except within an enclosed structure or appropriately screened from
view; provided, however, that normal household waste can be set out up to 24 hours before a
scheduled garbage pick-up. Liquid propane, gas, oil and other exterior tanks shall be kept within an
enclosed structure or permanently screened from view.
3.1.5 Landscaping Requirement. At the time of, or as soon as reasonably possible
following construction of a residential structure on a Lot, but in any event no later than six (6)
months or one (1) growing season after substantial completion of the residential structure, such
Lot(s) shall be suitably landscaped with grass, shrubs and trees all in accordance with the Buffalo
Ridge Estates Design Guidelines and shall be subject to the approval of the Architectural Review
Committee. Thereafter all grass, shrubs and trees shall be kept and maintained in an attractive,
healthy, live and growing condition. All dead or diseased grass areas, shrubs and trees shall be
promptly removed and replaced with suitable replacement landscaping. The Architectural Review
Committee shall, from time to time, enact restrictions on the irrigation of grass and lawn, but in no
case shall any Lot include more than 5,000 square feet of grass, lawns or other growth requiring
outside irrigation, or exceed federal, state or local rules, ordinances, and regulations on the subject,
whichever is most restrictive.
3.1.6 Antennas/Satellite Dishes. Except for any which may, at Declarant's option, be
erected by Declarant or Declarant's designated representative, no exterior radio or television antenna,
satellite dish, or aerial or other reception/receiver device shall be erected or maintained on the
Property without the prior written approval of the Architectural Review Committee.
3.1.7 Insurance Rates. Nothing shall be done or kept on or at the Property which will
increase the rate of insurance on any Association Property without the approval of the Board, nor
shall anything be done or kept on or at the Property which would result in the cancellation of
insurance on any Association Property or which would be in violation of any law.
3.1.8 No Further Subdividing. No Lot or Common Area shall be further divided or
subdivided, nor may any easement or other interest therein less than the whole be conveyed by the
M1056 \ 001DecCCR.BRE
10
October 16, 1996
970217
Owner thereof without the prior written approval of the Architectural Review Committee; provided,
however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any
Lot or Common Area and convey any easement or other interest less than the whole, all without the
approval of the Architectural Review Committee. Notwithstanding the foregoing, while Declarant
is the owner thereof, Declarant may dedicate and/or convey any lands which are a part of the
Property or a part of the Additional Lands to Weld County or other governmental body, agency or
entity or to any utility, in its sole discretion, and without approval of the Architectural Review
Committee, the Association or any owner not the Declarant. Further, nothing contained herein shall
be deemed to require the approval of the Architectural Review Committee for the transfer or sale of
any Lot, including Improvements thereon, to more than one (1) person to be held by them as tenants
in common or joint tenants, or for the granting of any First Mortgage for the sale or transfer of any
Lot or Common Area pursuant to the terms of any First Mortgage or by way of a deed in lieu of
foreclosure thereof. No Owner shall have the right to partition or seek partition of the Common Area
or any Lot.
3.1.9 Signs. No sign of any kind shall be displayed to the public view without the
approval of the Architectural Review Committee; provided, however, that if the sign is no larger than
3' x 2' it may be displayed on or from a Lot advertising such Lot (whether or not improved) for sale
or lease. No flashing or moving signs shall be permitted on the Property. This Section 3.1.9 shall not
apply to Declarant during the Period of Declarant Control.
3.1.10 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate upon any part of the Property and no odors shall be permitted to arise therefrom so as
to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any
other property or to its occupants. No noise or other nuisance shall be permitted to exist or operate
upon any such property so as to be offensive or detrimental to any other property or to its occupants.
Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells or other
sound devices (other than security and emergency devices used exclusively for security and
emergency purposes) shall be located, used or placed on any such property without the prior written
approval of the Board.
3.1.11 Repair of Buildings. No Improvement constructed upon any land within the
Property shall be permitted to fall into disrepair, and each such Improvement shall be kept at all
times in good condition and repair and adequately painted or otherwise finished by the Owner
(including the Association) thereof.
3.1.12 Improvements and Alterations. There shall be no construction (other than
repairs pursuant to Section 3.1.11 above), excavation, alteration which in any way alters the exterior
appearance of any Improvement, or removal of any Improvement without the prior approval of the
Architectural Review Committee.
3.1.13 Violation of Restrictions. If any Owner or Developer or their respective
family, guests, licensees, lessees, invitees, agents or employees violates these Restrictions, the Board
M 1056\001 DecCCR.BRE
11
October 16, 1996
970217
may invoke any one (1) or more of the following remedies: (i) impose a fine upon such Developer
or Owner for each violation; (ii) cause the violation to be cured and charge the cost thereof to such
Developer or Owner; and/or (iii) obtain injunctive relief against the continuance of such violation.
Before invoking any such remedy, the Board shall give such Developer or Owner notice (as provided
in Section 7.2) except that the Board may immediately suspend the right to use any Recreation Area
and/or facility by any Developer or Owner and their respective family, guests, licensees, lessees, and
invitees without notice for any period during which any Assessment owed by such Developer or
Owner is past due and unpaid.
3.1.14 Drainage. There shall be no interference with the established drainage patterns
over any property within the Property, except by Declarant, unless adequate provision is made for
proper drainage and approved by the Architectural Review Committee.
3.1.15 No Hazardous Activities. No activities shall be conducted on the Property and
no Improvements shall be constructed on the Property which are, or might be, unsafe or hazardous
to any person or property. Without limiting the generality of the foregoing, no firearms shall be
discharged upon the Property and no open fires shall be lighted or permitted on the Property except
in a contained barbecue unit while attended and in use for cooking purposes or within a safe interior
fireplace.
3.1.16 No Temporary Structures. No tent or shack or other temporary building,
improvement or structure shall be placed upon the Property; provided, however, that temporary
structures necessary and appropriate for sales activities; storage of tools, materials and equipment;
restrooms; and office space for marketing personnel, architects, builders and foremen during actual
construction may be maintained with the prior approval of the Architectural Review Committee,
which approval shall specify the nature, size, location and permitted duration of such temporary
structure.
3.1.17 No Mining and Drilling. No portion of the Property shall be used for the
purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate or earth; provided,
however, that Declarant or the Association may, by appropriate written permit, grant, license, or
easement agreement, allow the drilling of wells and the installation of infiltration galleries for the
extraction of water. In addition, nothing contained herein shall be deemed to restrict or limit
construction of the Well System, including the drilling of wells and installation of all appurtenances
thereto by Declarant or the Association.
3.1.18 Vehicles. In addition to the provisions of Section 3.1.4, the use and storage of
all vehicles including, but not limited to, gliders, trucks, automobiles, graders, boats, tractors,
pickups, mobile homes, trailers, buses, campers, recreational vehicles, bicycles, motorcycles, motor
scooters, wagons, sleighs and snowmobiles, shall be subject to the Association's Rules and/or the
Buffalo Ridge Estates Design Guidelines, which may prohibit or limit the use thereof within
M1056\001DecCCR.BRE
12
October 16, 1996
970217
specified parts of the Property, and which may also provide parking and storage regulations and
adopt other rules regulating the same.
3.1.19 Construction Activities. This Declaration shall not be construed so as to
unreasonably interfere with or prevent normal construction activities during the construction of
Improvements by Declarant, Developer or any Owner upon the Property, provided that when
completed such Improvements shall in all ways conform to this Declaration. Specifically, no such
construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by
reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar
activities so long as such construction is (i) pursued to completion with reasonable diligence; (ii) in
compliance with applicable federal, state and local laws and ordinances and any rules and regulations
adopted pursuant thereto; and (iii) conforms to usual construction practices in the area. In the event
of any dispute, a temporary waiver of the applicable provision including, but not limited to, any
provision prohibiting temporary structures, may be granted by the Architectural Review Committee;
provided that such waiver shall be limited to a reasonable period for such construction. Such waiver
may, but need not, be recorded or in recordable form. No construction activities shall be carried on
in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by
any Owner or his family of the Owner's Lot.
3.1.20 Fencing. The Declarant may, but shall not be required to, construct certain
entryways, fences, fence pillars or walls on or within the Property. No Owner shall modify, repair,
replace, paint or otherwise obstruct any such entryways, fence, fence pillars or walls without the
prior written approval of the Architectural Review Committee. The design and location of all fences
shall be in accordance with the Buffalo Ridge Estates Design Guidelines and the fence plan and shall
be subject to the approval of the Architectural Review Committee. Without limiting the generality
of the foregoing, feneing materials shall be restricted to 2" x 6" slats, 1 " x 4" dog car cedar, stone,
pith mesh, unless otherwise approved by the Architectural RCN icw Committee.
3.1.21 Animals. The Owner of each Lot may keep two (2) dogs or cats, and a
reasonable number of fish or other domestic animals which are bona fide household pets so long as
such pet(s) is/are (I) not kept for any commercial purpose; (ii) kept under control at all times; and
(iii) not kept in such number or in such manner as to create a nuisance. Notwithstanding anything
to the contrary contained in the foregoing, the Board shall have, and is hereby granted, the right and
authority to determine in its sole discretion that dogs, cats or other household pets are being kept for
commercial purposes or are being kept in such number or in such manner as to be unreasonable or
to create a nuisance, or that any Owner is otherwise in violation of this Section and to take such
action or actions as it deems necessary to correct any such violation. It is expressly understood that
any Owner's right to keep household pets is coupled with a responsibility for such Owner's pet(s)
and accordingly, each Owner of a household pet is financially responsible and liable for any damage
caused by such pet.
Livestock shall be restricted to no more than one (1) head per acre or three (3)
head per Lot, whichever is greater, and shall at all times be confined by adequate fencing approved
M1056 \ 001DecCCR.BRE
13
October 16, 1996
970217
by the Architectural Review Committee. For the purposes hereof, "livestock" includes domestic
horses and cows. No poultry, bees, llamas, pigs or other animals shall be kept on the Property.
3.1.22 Fire Protection. Fire protection shall be provided by an approved automatic sprinkler
system and shall be installed under NFPA 13D standards, 1994 Edition. The system shall be
installed by a state certified company. Approval shall be by a state certified inspector.
3.2 Exemption of Declarant. Notwithstanding anything in this Declaration to the contrary,
during the Period of Declarant Control neither Declarant nor any of Declarant's activities shall in any
way be subject to the control of, or under the jurisdiction of, the Architectural Review Committee.
Without in any way limiting the generality of the preceding sentence, this Declaration shall not
prevent or limit the right of Declarant to (I) excavate and grade; (ii) construct and alter drainage
patterns and facilities; (iii) construct any and all other types of Improvements; (iv) maintain model
homes and construction, sales and leasing offices and similar facilities of a size, and in the locations,
determined by the Declarant from time to time (all real estate used for such purposes not designated
as a Lot on the Plat is a part of the Common Area); and (v) post signs incidental to construction,
sales and leasing, on the Common Area and/or Lots owned by Declarant. Notwithstanding anything
to the contrary contained in the foregoing no such activities shall be carried on in such a way as to
create a health hazard or unreasonably interfere with the use and enjoyment by any Owner or his
family of the Owner's Lot; and once the Declarant ceases to be an Owner, the Declarant will cease
to have any rights with regard to any real estate used as a sales office, management office, or model.
3.3 Assignment by Declarant/Transfer of Special Declarant Rights. Notwithstanding any
other provision of this Declaration to the contrary, Declarant may delegate, transfer or assign in
whole or in part any of its privileges, exemptions, Development Rights and duties under this
Declaration (including the Special Declarant Rights) to any other Person and may permit the
participation in whole or in part by any other Person in any of its privileges, exemptions, rights and
duties hereunder. Without in any way limiting the generality of the preceding sentence, Declarant
may in its sole discretion exempt from the control and jurisdiction of the Architectural Review
Committee any Developer, or any assignee and successor in interest of all or substantially all of
Declarant's interests, rights, and responsibilities in and to the Property. Any such delegation, transfer
or assignment must be made in accordance with C.R.S. §§ 38-33.3-304.
ARTICLE 4
ASSOCIATION
4.1 Organization. The Association is a nonprofit Colorado corporation created for the
purposes, charged with the duties, and invested with the powers prescribed by law, the Act, and/or
set forth in its Articles and Bylaws or in this Declaration. Neither the Articles, Bylaws nor any Rules
promulgated by the Board shall for any reason be amended or otherwise changed or interpreted so
as to be inconsistent with this Declaration. In case of conflict between the Declaration and the
Articles, Bylaws and/or Rules, this Declaration shall control.
M1056\00IDecCCR.BRE
14
October 16, 1996
970217
4.2 Membership and Voting.
4.2.1 Generally. Every Owner (including Declarant) shall be a Member of the
Association and shall remain a Member for so long as that Person continues to be an Owner. The
Association shall have only one (1) class of Members and each Member shall be entitled to one (1)
vote for each Lot owned by such Member. Each Owner's Membership in the Association shall be
appurtenant to and may not be separated from ownership of the Lot to which the Membership is
attributable. Except as expressly provided in this Article 4, no other voting rights are created by this
Declaration.
4.2.2 Multiple Owners. When an Owner consists of more than one (1) Person, while
each such Person shall be a Member of the Association, only one (1) of such co -Owners shall be
entitled to exercise the single vote to which the Lot is entitled. Fractional votes shall not be allowed.
If only one (1) of the co -Owners of a Lot is present at a meeting of the Association, that co -Owner
shall be entitled to cast the single vote allocated to that Lot. If more than one (1) of the co -Owners
of a Lot are present, the single vote allocated to that Lot may be cast only in accordance with the
agreement of a majority of the co -Owners of such Lot. If any one (1) of the co -Owners of a Lot casts
a vote allocated to that Lot without the protests being made promptly (i.e., before the end of the
meeting of the Association at which such vote was cast) by any of the co -Owners of the Lot to the
director presiding over such meeting, then it shall be conclusively presumed that the vote was cast
in accordance with the agreement of a majority of the co -Owners of such Lot. No change in the
membership of a Member shall be effective for voting purposes until the Board receives written
notice of the change together with satisfactory evidence of the change.
4.2.3 Proxies. Votes allocated to a Lot may be cast pursuant to a proxy duly executed
by an Owner. If a Lot is owned by more than one (1) Person, each such co -Owner of the Lot may
vote or register protest to the casting of votes by the other co -Owners of the Lot through a duly
executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual
notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it
is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date,
unless it provides otherwise.
4.2.4 Association Owned Lots. No votes allocated to a Lot owned by the Association
may be cast.
4.3 Board of Directors. The affairs of the Association shall he governed by a "Board of
Directors" (sometimes referred to as the "Board") which may, by resolution, delegate any portion
of its authority to an executive committee or an officer, executive manager or director for the
Association. The qualifications and number of directors, the term of office of directors, the manner
in which directors shall be elected and the manner in which directors shall be replaced upon removal
M1056 \ 001DecCCR.BRE
15
October 16, 1996
970217
Hello