HomeMy WebLinkAbout980847.tiff (Q1(nv
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax# (970) 352-6312
MINOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVELOPMENT PLAN
•• Ch'd By: COO Case Number: '-t'-k
.p. F-e: Receipt Number: 0/113
Record. Fee: //O0, cc Receipt Number:
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION: Lot ,8 RE 193e
(If additional space is required, attach an additional sheet) C5sUc73UC'C`GO(4, (3
NAMEOFPROPOSEDMINORSUBDIVISION Ride//C re f Es fa- 7'c S
EXISTING ZONING Es to-*e, TOTAL AREA (ACRES) 3 3 .39497 acres mac. -r less
NUMBER OF PROPOSED LOTS 5 LOT SIZE: AVERAGE .5. 4,0-*- MINIMUM 3.970i- -
OVERLAY DISTRICTS No wet 1 /
UTILITIES: Water: Name: Worth We. Id Cen., v kl&ter D/'Sfricf-
Sewer: Name: S�' p4-iC
Gas: Name: /`'4h/t Service- Company of Colorado .
Electric: Name: Pat fir SPrvke.. (vrv,panv of Colorado
Phone: Name: [,l, S. LJest / L
DISTRICTS: School Name: WtJd CouSchool4
ni'y Rerr9an1z School Disk. RE J
Fire: Name: Lt./incisor SP tie ranre }=ifs. Pra+ac4-ic„ DiSiric+
PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA:
Name: Thomas G.+ Li nd4 5. Francis Phone: C9-7b) Ins (0 - 51 15
Address: PO box to IA )j rr1 se rCC) 'RCSSb
Name: Phone:
Address:
APPLICANT OR AUTHORIZED AGENT (if different than above).
Name: Phone:
Address:
I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
Weld County Planning Dept. 7,
Signature: Owner or Authorized Agent
Revised: 1 &9f 4 1998
EXHIBIT
RECEIVED 24 I vf__F
980847 S-5`HS
January 12 , 1998
Weld County Department of Planning
1400 17th Avenue
Greeley, Co. 80631
RE : Hillcrest Estates Minor Subdivision(Tom Francis) Final Plat
Submittal .
To whom it may concern:
Please find hereafter, supporting written material for the minor
subdivision Final Plat application. Written material will
follow the procedural guide format .
1 . Please see attached application form.
2 . Please see attached copy of the title commitment for the
property.
3 . Uses proposed for this subdivision will be all uses by right
as mandated under "Estate District Zoning" requirements as
stated in Sec. 36 and also Accessory uses will be permitted
as identified in section 36 . 2 . 2 of the Weld County Zoning
Ordinance . Any further restrictions will be covered in the
Homeowners Covenants .
4 . Please find hereafter explanations of the concerns which
were identified in the change of zone process :
A. Weld County Public Works
1 . A 65 foot radius on the cul-de-sac has been placed
on the final plat .
2 . A typical cross section identifying the 60 foot
right-of-way, the width of the road, gravel depth,
borrow pit ditches will be provided.
3 . A 100 foot easement for maintenance and replacement
for the Storm Lake Drainage District and all
utility easements including a 15 foot utility
perimeter easement and a 10 foot utility easement
on both sides of each lot line have been shown on
the final plat .
4 . The Right-To-Farm Covenant as stated in the Weld
County Comprehensive Plan has been placed on the
Final Plat .
5 . Out lot A is not included in the Change of Zone
area, and will be dedicated to Weld County upon final
approval .
6 . The Final Plat shows all existing easements on the
property.
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7 . The street name , Hillcrest Drive, has been assigned
to the proposed road.
8 . The 20 foot wide gravel access road from the west
end of the cul-de-sac to W.C .R. 23 1/2 will serve
as an emergency access road, access to the oil and
gas facilities on lot #1 and as auxiliary access to
lot #1 .
B. Environmental Protection Services
1 . Septic systems will have adequate replacement area
available, as per Weld County Environmental
Protection Service(WCEPS) encouragement . This area
is shown on the final plat , however , the actual
location may be changed upon mutual agreement of the
land owners and W.C . E.P. S .
2 . A dust control plan has been addressed in the
covenants .
5 . There are a total of 5 lots within the subdivision.
6 . Lots 1 , 2 , 3 , and 4 are served by an internal road system
(Hillcrest Drive) . The road is 1120 feet long and
terminates in a standard 65 foot radius cul-de-sac .
Hillcrest Drive will access W.C .R. 66 in a perpendicular
fashion at the N.W. corner of section 30 to align with any
future section line road to the north. Hillcrest Drive will
have an 18 foot wide driving surface consisting of 4" depth
of #6 road base and 4 foot shoulders to provide all weather
access to these lots . (See detail plat )
An existing 20 foot road which enters from W.C.R. 23 3/4
will be extended and connect with the western side of the
Hillcrest Drive cul-de-sac. This existing road will be
graded and graveled to serve as access to the oil production
facilities , auxiliary access to lot 1 , and to provide for
emergency vehicle circulation.
Access to lot 5 will be via the existing gravel access
road on the easterly line of Hillcrest Estates .
7 . Does not apply.
8 . The 60 foot Right of Way of Hillcrest Drive is being
dedicated for access and utility purposes .
9 . Written evidence of sufficient water supply to serve both
domestic and fire protection is documented by attached
letters from North Weld Water District and the
Windsor/Severance Fire Protection District . (See attached
sheet)
10 . The proposed minor subdivision will utilize individual lot ,
on site septic systems installed per Weld County I . S .D. S .
regulations .
11 . Please see attached letters from energy and utility
supplies indicating availability of services .
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12 . Please see attached copy of covenants .
13 . Does not apply.
14 . See attached copy of covenants .
15 . Please see Final Plat .
16 . Please see attached subdivision improvement agreement .
17 . Does not apply.
18 . Please see attached drainage report from Gerald B . McRae.
(P.E. and L . S . of McRae and Short Inc. )
19 . Please see attached list of names , addressed, and parcel
I .D. numbers of owners of surface estate properties within
500 feet of the subject property.
20 . Please see attached letters from lessees of mineral , oil ,
and gas associated with the subject stating no opposition
to the minor subdivision.
21 . Please see attached list of mineral lessees of subject
property.
22 . We believe this proposal to be in compliance with the Weld
County Comprehensive Plan. The uses of Estate Zoning are
compatible with the 4 to 7 acre homesites created by
acceptance of the Final Plat , and are compatible with
surrounding land uses .
23 . By multiple definitions within the W.C.C.P. this parcel
should not fall with the realm of prime farm ground, so
therefore not be preserved as farm ground, as demonstrated
in the change of zone hearing.
24 . The North Weld County Water district currently has a water
line in place bordering the property on the North, West ,
and East sides that serve neighboring residences . They
have made the commitment to serve the 5 proposed new lots
as has the Windsor/Severance Fire Protection District and
water quantity is adequate for such uses . (See attached
letters )
25 . The proposed 5 Estate Lots will utilize individual lot , on
site septic systems , permitted and installed per Weld
County I . S .D. S . regulations . The Environmental Protection
Service has reviewed this proposal and did not have any
concerns . (See referral letter)
26. Per geological investigation by McRae and Short Inc .
Colorado Registered P.E. and P.L . S . Gerald B. McRae states ,
"Based on the location, the slope of the ground, the
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surface soils, and general visual inspection of the site,
the land appears to be stable and suitable for the proposed
use. " (See attached Drainage Report and Geological
Information)
27 . The interior street will be constructed per Weld County
recommendations and requirements . It will consist of two
9 foot driving lanes with a 4 foot shoulder on each side.
The road will have a minimum 4" deep gravel surface with
adequate borrow ditches on both sides . This street cross-
section should be more than adequate to serve the 5 lot
subdivision.
28 . W.C .R. 66 will provide immediate access and circulation to
and from the interior circulation road of Hillcrest
Estates . Per Weld County Public Works statistics , the
traffic count on this section of W.C .R. 66 in August of
1996 was 97 trips per day. The Public Works Department
estimates each lot within the 5 lot Hillcrest Estates will
generate an additional 6 . 5 trips per day which puts the
increased total well below the 200 mark they have set for
this roadway. Therefore , the existing road facilities
providing access to the proposed subdivision are adequate
in size.
29 . Construction of Hillcrest Drive and the improvements for
the emergency access road are the sole responsibility of
the developer . Once completed the maintenance and snow
removal will be the sale responsibility of the land owners
until such time as the dedication is finalized.
30 . The proposed minor subdivision is not part of or
continuous with a previous recorded subdivision or
unincorporated town site.
31 . There will be no on-street parking permitted within the
minor subdivision.
32 . There are 3 access points serving the 5 lots in Hillcrest
Estates . One is the existing gravel road on the easterly
line which currently serves existing residence adjacent to
Hillcrest Estates . This existing gravel road which will
serve lot 5 . Hillcrest Drive will access W.C .R. 66 at the
section line in a perpendicular fashion and will serve lots
1 through 4 . The existing access onto W.C .R. 23 1/2 will
be used for emergency vehicles , oil production facility and
lot #1 auxiliary access . This has been approved by Weld
County Public Works .
33 . All ingress to all lots within the minor subdivision will
be via the internal road system as shown on the Final Plat ,
with the exception of lot #5 which will access from W.C .R.
66 on the existing gravel road on the easterly line of
Hillcrest Estates .
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34 . Drainage and storm water management on the subject property
are adequate as evidenced by the attached "Drainage Report"
by Gerald McRae P.E. and L . S . of McRae and Short Inc. (See
attached Drainage Report and Geological Information)
35 . The maximum number of lots within the minor subdivision
will not exceed 5 lots .
36. This proposal will not cause an unreasonable burden on the
ability of local governments or districts to provide fire
and police protection or other services to the site. The
Windsor/Severance Fire Protection District and the Weld
County Sheriffs Department have both submitted positive
referrals stating they had no conflicts with the proposal .
The developer is making improvements to the
Windsor/Severance Fire Protection District which will
benefit not only the residents of Hillcrest Estates but
will also improve fire protection to all neighboring
sections.
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HILLCREST ESTATES
COVENANTS, CONDITIONS , AND RESTRICTIONS
Declaration of covenants, conditions, and restrictions made
January 12, 1998, by the Hillcrest Estates Homeowners Association,
referred to as the Association, concerning the residential
subdivision known as Hillcrest Estates, referred to as the
subdivision.
RECITALS
A. Thomas G. Francis and Linda J. Francis with a place of
business at 7150 Highway 392, Town of Windsor, County of Weld,
State of Colorado, referred to as developer, are the owners of real
property located in the County of Weld, State of Colorado, fully
described in Exhibit "A" attached to this declaration.
B. Developer has subdivided such property into five
individual, single-family residential lots, and, in addition,
contemplates setting aside certain streets, rights of way (herein
community facilities) .
C. Developer desires that the entire subdivision constitute
a single residential community with access, use, and rights and
obligations toward the ownership, operation, and maintenance of
community facilities, and that such properties are also benefited
and burdened by the same land-use restrictions and controls.
D. Developer retains the right to, but need not, set aside
certain rights-of-way, ditches, supply lines, a pump and related
pipes, and the electrical wires and equipment needed to operate the
pump (herein water facilities) for use by the Association and
residents of the subdivision.
E. The total development of the subdivision residential
community may take several years.
F. The Association desires to provide for minimum building
restrictions to promote and assure that the subdivision is a
quality residential community.
G. The Association desires to provide rules for the use of
the contemplated water facilities.
H. The Association shall have the right to make such
reasonable Rules and Regulations, consistent with this Declaration,
regarding the use of the community facilities and any water
facilities.
I. Each lot is deemed to have one vote other than issues
regarding Storm Lake Drainage District, wherein a consensus of 3
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Hillcrest Estates Homeowners Association votes will be cast as one
vote for the Storm Lake Drainage District.
In consideration of the premises, the Association
subjects all of the real property described in Exhibit "A" to the
following covenants, charges, assessments, conditions, and
restrictions subject to the limitations contained in this
declaration.
SECTION ONE
BUILDING AND DESIGN COMMITTEE
A. There shall be created a building and design committee
which shall be responsible for reviewing the plans on all proposed
new construction, additions, or modifications. Such committee shall
be responsible to ascertain that the plans and subsequent
construction meet the minimum building requirements set forth in
this declaration. The primary purpose of such committee shall be to
assist property owners in achieving compliance with such building
restrictions. Such committee shall allow the greatest possible
latitude and flexibility in the design of homes to be built on the
lots in the subdivision.
B. The building and design committee shall consist of
developer. Once all of the lots in the subdivision have been sold,
the building and design committee shall consist of no fewer than
three members to be selected annually by the board of directors of
the Association, with the members to be chosen for varying terms so
as to achieve staggered terms and continuity of membership of such
committee.
C. Any property owner seeking to construct a new home or
other appurtenant structure, or to add to or modify any portion of
the exterior of an existing home, shall submit the plans to the
building and design committee for review. A modification of the
home exterior will include decks, hot tubs, patios, pools, paint,
and similar alterations. Construction of new structures includes
fences, equipment and material housing, dog runs, gazebos, arbors
associated with landscaping, and other similar construction.
D. No construction, change, modification, or alteration for
which plans are to be submitted to the building and design
committee pursuant to Paragraph C, immediately above, shall
commence until the plans and specifications showing the nature,
kind, shape, height, materials, and location of the same shall have
been submitted to and approved in writing by the building and
design committee as to the harmony of external design and location
in relation to surrounding structures and topography, size,
estimates of cost, and such other factors as the building and
design committee considers necessary, appropriate, and relevant to
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maintain property values of nearby properties. In the event the
building and design committee fails to approve or disapprove such
design and location plan within 45 days after such plans and
specifications have been submitted to it, approval will not be
required and full compliance with this section of the declaration
will be deemed to have occurred.
E. In spite of the foregoing provisions, the building and
design committee shall have no affirmative obligation to be certain
that all elements of the design comply with the restrictions
contained in this declaration, and no member of the building and
design committee shall have any liability, responsibility, or
obligation, whatsoever, for any decision or lack thereof, in the
carrying out of duties as a member of such committee. Such
committee and its members shall have only an advisory function, and
the sole responsibility for compliance with all of the terms of
this declaration shall rest with the homeowner. Each homeowner
agrees to save, defend, and hold harmless the building and design
committee and each of its members on account of any activities of
the building and design committee relating to such owner's property
or buildings to be constructed on his or her property.
F. The building and design committee, if it observes
deviations from or lack of compliance with the provisions and this
declaration, shall report such deviations or lack of compliance to
the board of directors of the Association for appropriate action.
SECTION TWO
BUILDING RESTRICTIONS
A. The subdivision shall be a single-family residential
subdivision and shall be used solely for residential purposes and
incidental uses permitted herein. A "building site" shall consist
of one or more residential lots or portions thereof, as hereinafter
required, as shown on the face of the plat or any modifications or
adjustments thereto. In spite of the preceding, no lot shall be
smaller than the minimum lot size allowed by the governmental
authorities charged with regulating lot sizes, and no further
subdivision of the lots may occur.
B. No building or structure shall be erected, constructed,
maintained, or permitted on such residential lots, except on a
"building site" as defined below in this declaration.
C. No building, except a single-family residential building
together with detached garage and/or such other accessory buildings
as may be permitted by local land use or ordinances shall be
permitted. Such accessory buildings shall not be used for or in
connection with multi-family living, and each building site shall
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be used for no more than one family, together with attendants or
domestic servants of that family.
D. Any home constructed on a building site shall have a
minimum main floor area of the main structure, exclusive of
one-story open porches and garages, of not less than sixteen
hundred (1, 600) square feet for a one-story dwelling. In the case
of a multiple-story or split-level dwelling, the lower or ground
floor living level shall be not less than twelve hundred (1,200)
square feet and the total finished square footage area of the
second and/or split level, when added to the minimum twelve hundred
(1,200) square feet main floor requirement, shall be not less than
two thousand (2, 000) square feet.
E. No home shall be constructed on any building site at a
cost of less than One Hundred Five Thousand Dollars ($105, 000) ,
based on $65 per square foot as of January 1998 and shall rise and
fall in accordance with that index. If such index should cease to
be published, the most nearly comparable index shall be used.
F. No trailer, tent, shack, garage, barn, or other
outbuildings shall at any time be used as a residence, temporarily
or permanently, on any building site.
G. Any construction commenced on any house as provided in
this declaration shall be substantially completed, including, but
not limited to, all painting, within twelve (12) months from the
date such construction is commenced.
H. No sign of any kind shall be displayed to public view on
any building site, except for a sign, limited to one, advertising
the property for sale, which sign shall not be larger than six (6)
square feet.
I. All lot owners shall provide and maintain proper
facilities to control storm water run-off onto adjacent properties
and to insure that sediments do not enter the natural drainage
system.
J. All buildings and improvements shall be constructed in
compliance with the pertinent zoning and building codes of the
County of Weld, and any and all other governmental entities that
have jurisdiction thereof at the time of undertaking such buildings
and improvements. No dwelling house, garage, or other accessory
building or part thereof (exclusive of fences and similar
structures) shall be placed nearer to the front lot line or nearer
to the side lot line or to the rear lot line than the minimum
building setback lines, if any, imposed by any such governmental
entity having control. Each lot will have a building envelope not
less than 1/2 acre nor longer than 1 acre. The building envelope
will not be used for grazing purposes. All structures other than
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fences will be located within the building envelope with the
exception of no more than two lean-to weather shelters (not longer
than 16 ' x 32 ' ) for livestock protection located in the divided
pasture. Corrals, arenas and feed storage shall only be located
within the building envelope. The location of the building
envelope shall be approved by the Architectural Committee.
K. The height and location of any residence, garage, or
accessory building shall be designed and located so as to assist in
the preservation of views of others.
L. All lines or wires for telephone, power, cable
television, or otherwise shall be placed underground and no such
wires shall be shown on the exterior of any building unless the
same shall be underground or in a conduit attached to a building.
No exterior television or radio antenna or aerial shall be
installed unless approved by the Architectural Committee.
M. No fences shall be constructed except after approval and
review by the building and design committee, and all fences shall
be designed and constructed so as to be compatible with the
neighborhood. Except as provided below, all fences shall be
constructed of wooden materials. All fences shall be designed and
constructed so as to not constitute a nuisance or offensive effect
on other persons residing within the subdivision. Chain-link fences
for animal containment purposes, with proper screening from
neighbors and public view, may be acceptable on approval of the
building and design committee. All pasture fences will be either
wood, or smooth wire, no barbed wire.
N. No noxious, illegal, or offensive use of property shall
be carried on any lot, nor shall anything be done thereon that may
be, or become, an annoyance or nuisance to the neighborhood. No
grantee or grantees, under any conveyance, nor purchasers, shall at
any time conduct or permit to be conducted on any residential lot
any trade or business of any description, either commercial or
noncommercial, religious or otherwise, including day schools,
nurseries, or church schools, nor shall such premises be used for
any other purpose whatsoever except for the purpose of providing a
private, single-family dwelling or residence, the only exception
defined as follows.
Home occupations. In addition to any restrictions
imposed upon Lots by Weld County with regard to home
occupations or businesses, no Owner shall conduct nor
permit any activity or occupation upon his Lot which
shall involve the sale or storage of any inventory or
merchandise or the delivery of inventory or merchandise
or similar materials to the Lot. No more than fifteen
percent (15%) of the space within a residential dwelling
may be used for any business or home occupation.
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Notwithstanding the foregoing, the Board shall have the
right to authorize prohibited business activities or home
occupations upon any Lot provided that it shall first
determine that such home occupation or business shall not
unreasonably interfere with the use and enjoyment of any
of the Properties and provided further that the Owner
conducting such business activities or home occupation
agrees to such reasonable rules and conditions as shall
be imposed upon him by the Board.
O. No trash, garbage, ashes, or other refuse, junk, vehicles
in disrepair, underbrush, or other unsightly growths or objects,
shall be maintained or allowed on any lot. All fences and buildings
shall be kept in a state of repair. All residences, garages, and
accessory buildings shall be painted or stained, from time to time,
so as to maintain a reasonable state of repair.
P. No boat, boat trailer, house trailer, horse trailer,
automobile, recreational vehicle, truck, or other vehicle, or any
part thereof shall be stored or permitted to remain on any
residential lot unless the same is stored or placed in a garage or
fully-enclosed space, or such that is screened from view from
neighboring lots or any street, except for temporary storage for a
period not to exceed three (3) consecutive days in duration, with
such temporary occurrences not to exist more than six (6) times in
any one calendar year. No on street parking is allowed on
interior streets of Hillcrest Estates.
Q. Each property owner shall exercise as much care as is
possible to retain natural vegetation, trees, shrubs, and other
similar growth. Prior to the removal of any such growth, the plans
referred to above shall be submitted to the building and design
committee for the committee's review and comments. All properties
must maintain dust control by methods to include not overgrazing
pastures, maintaining corrals and other stewardship of the land
methodology. Proper management of the pastures will promote an
attractive open area between the building envelopes, maximize the
feed supply for livestock and save landowners the expense of
reestablishing destroyed ground cover. Improper management will
result in unsightly surroundings, growth of weeds and erosion of
soils by wind and water. Overgrazing is the single most
devastating factor in the destruction of the range ground cover.
The acreage of the Hillcrest Estate lots, though large for
estate zoned subdivisions, are not large enough to sustain
livestock feed requirements on a year-round basis. The feed supply
will need to be supplemented during Winter, early Spring, late Fall
and at various times throughout the summer depending upon the type
and number of livestock and the amount of water the ground receives
either from nature or irrigation and proper fertilization of the
soil.
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The following are minimum guidelines for pasture management.
Residents are encouraged to utilize services offered through
Colorado State University extension offices and other public
agencies. All lots will have corral facilities located within the
building envelopes and the pasture will have a division fence
dividing the pasture in two parcels. Livestock will be contained
in the corral area during the spring thaw. After the spring thaw
and before the winter freeze livestock will be removed from a
pasture when the height of the grass has been grazed down to the
height of three inches. At this time they may be rotated to the
second pasture. If at this time there is insufficient pasture the
livestock will be contained in the corral and maintained with the
feed supplements until the pastures have recovered. After the
winter freeze and until the spring thaw, livestock will be
contained in the corral area and the smallest pasture.
Each property owner, within four (4) months of the completion
of a residence, shall landscape all yards fronting a street,
provided, however, that a right to extend the time period for
completion of such landscaping may be sought, in writing, and
obtained at the sole discretion of the building and design
committee in the case of extenuating circumstances.
R. All mailboxes and mailbox holders shall be of a standard
design accepted by the building and design committee and adhering
to the applicable specifications of the U.S. Postal Service. All
mailboxes shall be located as directed by the U. S. Postal Service.
Each lot owner shall be responsible for the maintenance and
replacement of his or her mailbox so as to keep it in a state of
repair at all times.
S. No animals, livestock, or poultry shall be raised, bred,
or kept on any lot of the subdivision for commercial purposes. 4H
livestock are exempt from this provision. Each lot is further
restricted to a total of one (1) livestock animal unit per acre.
The following is a list of the types of livestock permitted on the
lots and the respective number of "animal units" attributable to
any particular animal.
Type Animal Units Maximum Number
Attributable to per acre
Single animal
Cattle (steer, 1 1
heifer, cow)
Horse or pony 1 1
Llama 1 1
Mule or Burro 1 1
Sheep 1 1
Poultry .25 4
Rabbit .25 4
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Swine 1 1
Goats 1 1
Only those livestock included in the preceding list (other than
household pets) are allowed within the properties without Board
approval. All household pets shall be subject to any rules and
regulations and all governmental ordinances or laws applicable to
the properties.
T. Refuse piles or other unsightly objects or materials
shall not be allowed to be placed or to remain upon the Common Area
or the exterior of any Lot or residence. The Association shall have
the right to enter upon any property in the Subdivision and remove
any rubbish piles or other unsightly object and materials at the
expense of the Owner after due notice to the Owner and failure of
the Owner to remove any material specified in such notice. The
cost so incurred by the Association shall be assessed against the
Owner as Reimbursement Assessment. The Association, in its adopted
Rules and Regulations, may further regulate the location of trash
receptacles on Lots and prohibit placing such receptacles in any
place not authorized by the Rules and Regulations.
SECTION THREE
GENERAL AND SPECIAL ASSESSMENTS FOR Association
A. By acceptance of the deed or other instrument of
conveyance for his or her lot within the subdivision, each lot
owner shall be deemed to covenant and agree to pay to the
Association annual assessments and special assessments for capital
improvements. Such assessments shall be fixed, established, and
collected from time to time as provided in this declaration. The
annual and special assessments, together with such interest thereon
and costs of collection as provided below, shall be a continuing
lien on the property affected and shall also be a personal
obligation of the owner of such property on the date when the
assessment is due. Such personal obligation shall not pass to
successors in title to the affected property unless expressly
assumed by such successors.
Unless changed by a vote of three (3) of the lot owners,
the annual assessment for any lot in the subdivision shall be that
amount last approved by three (3) of the lot owners.
On vote of the members of the Association in the manner
set forth below, the Association may levy, in addition to annual
assessments, a special assessment or assessments in any calendar
year applicable to that year only, for the purpose of defraying in
whole or in part the cost of construction or reconstruction or
expected repair or replacement of a described capital improvement
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or capital improvements on the common properties in the
subdivision, including fixtures and personal property related
thereto.
Any special assessment or change in maximum annual
assessment must be approved by the board of directors of the
Association and have the assent of three (3) of the votes of the
lot owners at a meeting called for that purpose. Written notice of
such meeting called for such purpose shall be sent to all members
of the Association at least fourteen (14) days in advance of the
date of such meeting, setting forth the purpose of the meeting.
B. It shall be the duty of the Association to notify all
owners or contract purchasers of lots within the subdivision, whose
addresses shall be supplied to the Association, by sending written
notice to each of such owners within thirty (30) days after the
date on which the assessment has been fixed and levied, giving the
amount of the charge or assessment for the current year, when the
same shall be due, and the amount due for each lot or partial lot
owned by each such owner. Failure of the Association to levy an
assessment or charge for any one year shall not affect the right of
the Association to issue assessments in future years. Failure to
deliver or levy an assessment due to a lack of an address for the
owner of any particular lot within the subdivision shall not
discharge the obligation of any such owner from paying such
assessment, and it shall be the obligation of any such owner to
notify the Association of such owner' s current address.
C. Any general or special assessment levied as set forth in
this declaration shall become a lien on the affected real estate as
soon as such assessment is due and payable as set forth above. In
the event any owner fails to pay the assessment when due, then the
assessment shall bear interest at the maximum legal rate permitted
by the State of Colorado from the date when such assessment is due
until it is paid in full.
Thirty-one (31) days after the date of any such
assessment has been fixed and levied, the assessment, if not paid,
shall become delinquent and the payment of both principal and
interest may be enforced as in the case of a laborer's lien on the
affected real estate, and a notice of such assessment may be filed
with the Clerk and Recorder of Weld County, Colorado, and venue
shall be laid in the Weld County District Court, State of Colorado.
It shall be the duty of the board of directors of the Association,
as provided below, to bring actions to enforce such liens before
they expire. The Association, in its discretion, may file
certificates of nonpayment of assessments with the Clerk and
Recorder, County of Weld, State of Colorado, whenever such
assessments are delinquent. For each certificate so filed, or for
any lien so filed, the Association shall be entitled to collect
from the owner or owners of the property described in such
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certificate or lien a fee of Two Hundred Fifty Dollars ($250) ,
which fee is declared to be a lien on the affected real estate, and
shall be collectible in the same manner as the original assessment
provided for in this declaration.
Any such lien shall continue for a period of ten (10)
years from the date of delinquency and no longer, unless with such
time period legal proceedings shall be instituted to collect such
assessments, in which event the lien shall continue until the
termination of the legal proceedings, and the sale of the property
under the execution of the judgment establishing the same.
In the event legal proceedings are commenced to collect
any such assessment, or if the services of an attorney are retained
by the Association in connection therewith, the non-paying owner or
owners shall be obligated to pay all costs incurred, plus
reasonable attorney fees, which costs and fees shall become a
portion of the assessment and may be foreclosed on in the same
manner as the assessment as provided above.
D. The assessments levied by the Association shall be used
exclusively for the purpose of promoting the recreation, health,
safety, enjoyment, and welfare of the residents in the subdivision
and, in particular, for the improvement and maintenance of
property, service, and facilities devoted to the above-stated
purpose and related to the use and enjoyment of the common
properties and of the homes situated in the subdivision. Without
limiting the generality of the foregoing statement of purpose, such
assessments shall be applied by the Association to the payment of
the costs of the following:
1. To enforce any and all building and land-use
restrictions that exist as of the date of this declaration or which
may be lawfully imposed hereafter on or against any of the property
in the subdivision.
2 . To maintain the community facilities as provided in
this declaration.
3 . To pay expenses to carry out the above, such as
attorneys' fees, manager's fees, expenses of liability, fire, and
other insurance, bookkeeping and accounting expenses, and any and
all other expenses that may from time to time be deemed necessary
to carry out the intent of this declaration by the Association.
4. To protect property values in the subdivision by
promoting pride in an enthusiasm for it; to work for improved
transportation, schools, libraries, and recreation facilities
within the community in which the subdivision is located; and to do
all lawful things and tasks that the Association, in its
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discretion, may deem to be in the best interests of the subdivision
and the owners of the lots in the subdivision.
SECTION POUR
MISCELLANEOUS AND GENERAL PROVISIONS
A. Each owner, by purchasing any lot in the subdivision
shall automatically become a member of the Association and shall be
bound by the terms and conditions of this declaration, the articles
and bylaws of the Association, and such rules and regulation as may
be promulgated and adopted by the Association under such articles
and bylaws. There shall be only one membership for each lot.
B. On transfer, conveyance, or sale by any owner of all of
his or her or its interest in any subdivision lot, such owner's
membership in the Association shall thereon cease and terminate.
C. Except as provided in this declaration, the Association
shall be the sole judge of the qualifications of its membership and
of the right to participate in and vote at its meetings.
D. The official address of the Association is 7150 Highway
392, Town of Windsor, County of Weld, State of Colorado, and shall
remain so until changed by the Association, at which time the
Association shall notify each member thereof of the change in
address.
E. Each lot owner or lot purchaser, on purchase of such lot,
shall immediately notify the Association of such owner's name and
address.
F. By written consent of one hundred percent of all of the
lot owners, the Association may be given such additional powers as
may be described by the Association, or otherwise modify or amend
this declaration in any manner.
G. Prior to the approval of building plans for all of the
five lots contemplated by the terms of this declaration, developer
shall have the right, at its option, to perform the duties and
assume the obligations, levy and collect the assessments and
charges, and otherwise exercise the powers herein conferred on the
Association in the same way and in the same manner as though all
such powers and duties were herein given to developer directly.
H. The Association shall, at all times, observe all of the
laws, regulations, ordinances, and the like of the County of Weld,
State of Colorado, and of the United States of America, and if, at
any time, any of the provisions of this declaration shall be found
to be in conflict therewith, then such parts of this declaration as
are in conflict with such laws, regulations, ordinances, and the
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like shall become null and void, but no other part of this
declaration not in conflict therewith shall be affected thereby.
I. Subject to the limitations set forth in this declaration,
Association shall have the right to make such reasonable rules and
regulations and to provide such means and to employ such agents as
will enable it adequately and properly to carry out the provisions
of this declaration.
J. This declaration may be terminated, and all of the real
property now or hereafter affected may be released from all or any
part of the terms and conditions of this declaration, by the owners
of one hundred percent of the properties subject hereto at any time
it is proposed to terminate this declaration, by executing and
acknowledging an appropriate written agreement or agreements for
that purpose, and filing the same with the office of the Clerk and
Recorder of Weld County, Colorado.
K. All of the provisions of this declaration shall be deemed
to be covenants running with the land, and shall be binding on and
inure to the benefit of the owners of the properties described in
Exhibit "A, " their heirs, successors, and assigns, and all parties
claiming by, through, or under them shall be taken to hold, agree,
and covenant with such owners, their successors in title, and with
each other, to conform to and observe all of the terms and
conditions contained in this declaration.
L. Any lot owner, or the Association, may maintain any legal
proceedings to compel or enforce any of the terms and conditions of
this declaration.
M. The only initial member of the board of directors of the
Association shall be developer,
In witness whereof, the undersigned, acting as the President
of the Hillcrest Estates Homeowners Association has caused this
declaration to be executed at Gre.eley, C0.45,6aO on the date
indicated below.
Date: January 14, 1998
homas G. Francis, President
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RIGHT TO FARM 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 agricultural activities will generate
off-site 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 oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operation,
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 (need or must) be responsible for their children.
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