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Home My WebLink About992353.tiff PUD FINAL PLAT 4§ cr ADMINISTRATIVE REVIE lINDe COLORADO CASE NUMBER: 5-500 PLANNER: Ben Patton APPLICANT: Mark and Jackie Ebert ADDRESS: PO Box 568 Mead, CO 80542 REQUEST: Final Plat for a 9-lot Planned Unit Development LEGAL DESCRIPTION: Pt. NE 1/4 of Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 32; Approximately 1/4 mile west of VVCR 7 ACRES: 108, more or less PARCEL#: 1207 21 100029 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.3 of the Weld County PUD Ordinance 197. 2. It is the opi lion of the Department of Planning Services' Staff that the application has shown compliance with Section 7.5.2 of the Weld County Planned Unit Development Ordinance, as follows: A. Section 7.5.2.2 That the USES which would be allowed on the subject property will conform to the Performance Standards outlined in Section 2 of this Ordinance. The approved Conditions of Approval will ensure that the twenty standards which are outlined in this section are inet. B. Section 7.5.2.3 That the USES which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. This site is located within the planning area for the Town of Mead. The Town has indicated several concerns with the proposed PUD, however, Weld County Department of Planning Services' staff believes that approved conditions of approval will successfully mitigate these concerns. C. Section 7.5.2.4 The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with Section 2 of this Ordinance. Water service for this site will be provided by the Little Thompson Water District, and approved Individual Sewage Disposal Systems will provide adequate means of sewage removal. D. Secl:ion 7.5.2.5 That STREET or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the USES of the proposed zone district. The Weld County Public Works Department has made provision for appropriate means of access to the lots contained within this PUD. E. Section 7.5.2.7 That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. This site is not located within any overlay district. as 992353 Service,Teamwork, Integrity, Quality PL I311 recognized by Weld County. Adequate provision has been made for the construction of homes and the installation of septic systems on the site. F. Section 7.5.2.8 If compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The Department of Planning Services has determined that the Final Plan does accurately reflect the intent of the Development Guide, as submitted by the applicant. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: a. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements (Pri\date Road Maintenance) including the form of collateral. Item 3-C of the Agreement, addressing dust suppressant, shall indicate that the dust suppressant be applied at least twice a year. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. b. The Restrictive Covenants for Eden's Reserve shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. In accordance with Weld County Health Department regulations, these covenants shall include verbiage which restricts activities in the unused leach field envelope. Specifically, activities such as landscaping (i.e., the planting of shrubs and trees) and construction (i.e., auxiliary structures, dirt mounds, etc.) should be expressly prohibited in the designated leach field envelope. c. The"Right to Farm" covenant shall be placed on the plat. 2. The Final Plat shall meet all requirements of Section 9.2 of the Weld County PUD Ordnance#197, and shall delineate the following information: a. All appropriate easement locations, sizes, and titles, in accordance with Section 10.6 of the Weld County Subdivision Ordinance. b. A total of sixty feet (60') of right-of-way from the centerline of Weld County Road 32. 3. The Plat shall include the most recent version of the Right to Farm Covenant. 4. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Board of County Commissioners. 5. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: a. The PUD shall consist of nine E (Estate) zoned lots, one A (Agricultural) zoned lot, and common open space. The PUD allows for Estate uses which shall comply with the E(Estate) Zone District requirements as set forth in Section 36 of the Weld County Zoning Ordinance. The Agricultural lot shall comply with Section 31 of the Weld County Zoning Ordinance. The common open space shall be owned and maintained by the homeowners association, in accordance with Section 6.3.5 of the Planned Unit Development Ordinance. b. Water service shall be provided by the Little Thompson Water District and sewage disposal shal be from individual septic systems. Each individual septic system shall be designed for Service,Teamwork, Integrity, Quality site-specific conditions that include, but are not limited to, maximum seasonal high groundwater, poor soils, and shallow bedrock. Each individual septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. c. All portions of any septic system in the development shall be installed a minimum of 200 feet from Logan Reservoir. d. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. e. Outdoor storage shall be screened from public rights of ways, and adjacent properties f. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. g. The applicant shall supply a designated street sign and stop sign at the appropriate location adjacent to Weld County Road 32. h. Foundations shall be engineered at each separate building site. Foundations, any sub-grade construction and/or the use of any fill to increase the grade on each lot shall require an evaluation and recommendation from a Colorado Registered Engineer on a lot-by-lot basis. Construction shall strictly adhere to such recommendation. j. The site shall maintain compliance with the Mountain View Fire Protection District at all times. k. Any signage located on the property shall require building permits and shall adhere to Section 42.2 of the Weld County Zoning Ordinance. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. m. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, and The Weld County Department of Planning Services. n. The applicant shall comply with Sections 8.8, 8.9, and 8.10 of the Weld County Planned Unit Development Ordinance, as follows: 8.8 Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan; 8.9 Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan,the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the Service,Teamwork, Integrity,Quality PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. 8.10 Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15)days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. 8.10.1 Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with the official Subdivision Ordinance and 30-28-101, et seq., CRS. 6. Prior to the release of any building permits: a. The applicant shall supply a designated street sign and stop sign at the appropriate location adjacent to Weld County Road 32. b. Foundations shall be engineered at each separate building site. Service,Teamwork, Integrity, Quality 4-6 4119 Granby Ct. Fort Collins,Colorado 80526/(970)207-0272 Letter of Transmittal Date: 19-Aug-99 To: Ben Patton Project: Eden's Reserve Via: Fax UPS Mail Overnight Pick Up Courier Hand Deliver X We Transmit for your: Information Files Approval X Correction Signature Return Number of Copies: 1 Number of Pages: 22 Remarks: Attached you will find the final draft of the covenants for Eden's Reserve PUD. Please let me know if there are any proposed changes or questions concerning the covenants. From: Todd Hodges Aug-14-99 12:O1A P. O1 DECLAR4TION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FO$ EDEN'S RESERVL', A PLANNED COMMUNITY Aug-14-99 12c01A p-O2 TABLE OF CONTENTS 1 PREAMBLE ARTICLE I DEFINITIONS 2 Suction 1 -Association 2 Section 2 •Asseaement 2 2 Section 3 •13anrd 2 Section 4 - Common Area Section 5 • .Von-Exclusive Easement 2 • Section 6 •:Residential Lot 2 Section 7 -Member 3 Section 8 • Dwner 3 ARTICLE 11 PROPERTY SUBJECT TO TILLS DECLARATION 3 Section 1 -Existing Property 3 ARTICLE III ASSOCIATION STRUCTURE AND FORMAT 3 Section 1 • Organization 3 Section 2 -Membership 3 Section 3 -Board of Directors 4 ARTICLE IV LISS AND OTHER RESTRICTIONS 4 Section 1 •Nuisances 4 Section 2 • Restriction on Further Subdivision 4 Section 3 •Single-Family Residences 4 Section 4 -Common Area Restrictions 4 Section 5 -Appearance 4 Section G -Restrictions on Signs 4 Section 7 -Conditions for Architectural Control 4 Section 8 - Rules and Regulations 5 Section 9 -Maximum/Minimum Lot Coverage . ... .. .. .... .. . .. . . . . ... . .. . . . . . . .. . . 5 Section 10-Restrictions on Parking and Storage 5 Section 11 -Animals Within Project 5 Section 12- Control of Antennae and Receiving Equipment. 5 Section 13-Underground Electric Lines 6 Section 14 - No Annoying Light,Sound or Odor 6 Section 15- Dog Runs,Clotheslines and Storage Areas 6 Section 16- Garbage and Refuge Disposal 6 Section 17- Repair 6 G Section 18- Storage 6 Section 19-Trash Burning 6 Section 20 ,Maintenance of Site Views Within Eden's Reserve Section 21 Weed Control 6 ARTICI•EV ARCHITECTURAL REVIEW 7 Section 1 -Membership and Activation of the Association Architectural Review Committee Section 2 -Improvement to Property Defined 7 Section 3 -Approval of Improvements Required 7 i Aug-14-99 1L2 :O1A P. O3 Section 4 - Committee Guidelines or Rules Section 5 -Submission of Plans 7 Section 6 -Criteria for Approval 8 Section 7 -Architectural Review Fee 8 Sect.inn 8 -Derision of Committee 8 Section 9 •Failure of Committee to Act on Plans 8 Section 10-Obtaining Governmental Approvals 8 Suction 11-7rosecution of Work After Approval 9 Section 12-Notice of Completion 9 Section 13 - inspection of Work 9 Section 14 - Notice of Noncompliance 9 Section ]`u-.Failure of Committee to Act After Completion 9 . Section 16 - Correction of Noncompliance 10 Section 11 - No Implied Waiver or Estoppel 10 Section 18• Committee Power to Grant Variances 10 Section 19- Compensation of Members 10 Section 20- Meetings of Committee 10 Section 21 - Records of Actions 11 Section 22 -Estoppel Certificates - 11 Section 2:3 -Nenliability of Committee Action II Section 24-Construction Period Exception 11 Section 25•Septic Envelope 11 ARTICLE VI TERMINATION AND AMENDMENT OF DECLARATION 11 Section 1 -Termination 11 Section 2 -Amendment 11 ARTICLE VII CONDEMNATION.DAMAGE OR DESTRUCTION TO COMMON AREA . . . . . . . . . 12 Section 1 -Damage or Destruction to Common Area 12 Section 2 -Owner-Caused Damage 12 Section 3 - Condemnation Procedure 12 ARTICLE VIII REQUIREMENTS OF THE FIRE DISTRICT 13 ARTICLE IX WELD COUNTY RICHT TO FARM COVENANT 13 ARTICLE:X RIGHTS RESERVED BY DECLARANT 14 Section 1 - Special Declarant Rights 14 Section 2 - Additional Reserved Rights 14 Section 3 - Rights Transferrable 15 Section 4 - Development and Withdrawal Rights 15 Section 5 • Amendment of the Declaration 15 Section 6 -Amendment of the Map 15 Section 7 •.Interpretation 16 Section 8 -Construction Easement ' ' 16 ARTICLE XI REQUIRED ALLOCATION OF INTERESTS 16 Section 1 -Allocated Interests lb ii Aug-14-99 :L2:02A P.04 ARTICLE XV GENERAL PROVISIONS 16 Section 1 -Enforcement 16 Section 2 -Iievcrabi ity 16 Section 3 -Claims 17 Section 4 -'Naive: 17 Section 6 - Conflicts of Provisions 17 Section 6 -Dwners Right to Examine 17 Section 7 •Registration by Owner of Mailing Address 17 111 Aug-14-99 :L2:02A P.05 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS EDENS RESERVE A PLANNED COMMUNITY PREAMBLE THIS DECLARATION,made on the date hereinafter set forth,by Mark A.Eberl and Jacquelyn Eberl,hereinafter referred to as"Declarant". WITNESSETH: WHEREAS,Declarant is the owner of the following described property located in Weld County, State of Colorado, more particularly described as follows: A. parcel of land located in the NE1/4 of Section 21, Township 3 North, Range 68 West of the 6'' P.M., County of Weld, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the North line of the NE1/4 of Section 21, from whence the Northeast corner of said section bears North 89 degrees 22 minutes 40 seconds East, 1382.7 feet and with all other bearings contained herein relative thereto; thence South 00 degrees 37 minutes 20 seconds East, 165.00 feet; thence South 29 degrees 47 minutes 57 seconds East, 2080.95 feet; thence South 04 degrees 44 minutes 41 seconds East, 672.58 feet to the South line of the NEL/4 of Section 21; thence South 89 degrees 23 minutes 39 seconds West along said South line, 2293.41 feet; thence North 00 degrees 00 minutes 59 seconds West 50 feet East of and parallel to the West line of said NEt/4 of Section 21, a distance of 1786.17; thence 658 feet along the arc of a curve to the right, said arc having a central angle of 20 degrees 51 minutes 04 seconds, a radius of 1808.10 feet, and whose chord bears North 10 degrees 24 minutes 32 seconds East, 654.38 feel; thence North 20 degrees 50 minutes 04 seconds East., 240.41 feet to the North line of the NE1/4 of Section 21; thence along said section line North 89 degrees 22 minutes 40 seconds East,715.10 feet; thence South 00 degrees 37 minutes 20 seconds East, 214.00 feet; thence North 89 degrees 22 minutes 40 seconds East, 255.00 feet; thence North 34 degrees 13 minutes 32 seconds West, 256.94 feet; thence North 89 degrees 22 minutes 40 seconds East, 170.64 feet to the True Point of Beginning. -1- Aug-14-99 12:02A P. 06 WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan to prot=ct and enhance the quality,value,desirability and attractiveness of all property which may be subject to this Declaration;and WHEREAS,Declarant,for itself,its successors and assigns, hereby declares that all property herein or hereafter made subject to thie Declaration,in the manner hereinafter provided,and each part thereof shall,from the date the same becomes subject to this Declaration,be owned,held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptons, equitable servitudes and other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title or interest in said property ur any part thereof and upon their heirs, personal representatives, successors and assigns and shall inure to the benefit of each party having any such right, title or interest in said properly or any part thereof. WHEREAS,Declarant has incorporated under the laws of the State of Colorado,as a non•profit corporation. 'l'he name of the corporation is Eden's Reserve Homeowners:Association. NOW,THEREFORE,the Declarant with this Declaration states that the real property described in the Preamble is and shall be held,transferred,sold,conveyed and occupied subject to the covenants, restrictions,caseme,aLs,charges, and liens hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Eden's Reserve Homeowner's, a Colorado corporation,not-for-profit, its successors and assigns. Section 2. "Assessment'shall mean and refer to any assessment levied, charged,or assessed against an Owner it accordance with the provisions of this Declaration. Section 3. "Board"shall mean the Board of Directors of the Association. Section 4. "Common Area"shall mean and refer to all real property and improvements owned or leased by the Association other than Lots,as that term is defined herein,which shall include,by way of example but not limitations, any open space area adjacent to Lot lines,and exterior signs identifying the subdivision,any pathways built adjacent to Lots. This definition shall expressly exclude any public streets as shown on the Flat with the exception of the lake- The Common Areas shall be owned by the association at the time of the conveyance of the first Lot. Section 5- "Non-exclusive easement"shall mean the Association's non-exclusive easement on the surface area of the lake as identified on the plat Section 6. "Residential Lot" shall mean and refer to Lots 1 through and including Lot 8 as shown upon any recorded final filing plat required by Weld County, Colorado. -2- Aug-14-99 12 :02A P.07 Section 7. "Member"shall mean and refer to the Person designated as such pursuant to Article III. Section 8. "Owner"means any person,corporation,partnership, association,contract sellers or other legal entity or any combination thereof,including Declarant, who owns the record fee simple interest in one or more Lots. ARTICLE H PROPERTY SUBJECT TO THIS DECLARATION_ Section 1 -Jaxisting Property. The real property which is and shall be held,transferred,sold, conveyed and occupied subject to this Declaration is fixated in Weld County, Colorado, and is more particularly described in the Preamble and represents the area which will be subject to this Declaration. ARTICLE III CORPQItATE STRUCTURE Section 1 -Organization. Anon-profit,non-stock corporation shall he formed and organized and existing under the laws of Colorado,charged with the duties and vested with the powers prescribed by law and net forth in the Articles of Incorporation and Bylaws, as such may he amended from time to time,provided that the Articles of Incorporation and Bylaws shall not for any reason,he amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2-Membership. Membership in the corporation to be formed shall provide that: (a)Basis, Membership shall be appurtenant to each Lot giving rise to such membership, and shall not be assigned,transferred,pledged,hypothecated,conveyed or alienated in any way except as provided in the Declaration,Articles of Incorporation or Bylaws. (b) Member's Rights and Duties. Each Member shall have the rights, duties and obligations set forth in this Declaration, the Articles of Incorporation or Bylaws. (c)Voting Rights. The Association shall have two (2)classes of voting membership; Class A_Class A members shall be all Owners of Lots 1 through and including 8 set forth on the recorded plat. Claes A Members shall be entitled to one (1)vote for each Lot owned. Class B: Class B Members shall be the owner(s) of Lot 0 set forth on the recorded plat. Class B members shall be entitled to nine (9)votes. (d) Exercise of Vote. Membership shall he appurtenant to and may not be separated from record ownership of a Lot,and such membership shall automatically transfer to the new Owner upon any sale, transfer or other disposition of a Lot subject to the provisions of this Declaration and any Supplements thereto. There shall not be more than one (1) Class A Member for any Lot within the Project. Upon transfer.sale or other disposition of all or some of the fee interest in Lot, the then Owner shall automatically become the Class A Member with respect to such Lot. The vote for any Membership, which is held by more than one (1) -3- Aug-14-99 12:03A P OS person may only be exercised by one(1)person,or if the Owner is a corporation,by an officer of such corporation. Section 3-Board of Directors. (a) Composition. The number of Directors shall be as provided in the Articles of Incorporation and Bylaws. (h)Extent of Power. (1)The Board of Directors shall have all powers fur the conduct of the affairs of the Association which arc enabled by law or the Declaration of Covenants or the Articles of Incorporation and its Bylaws which are not specifically reserved to Members, the Declarant or the Architectural Review Committee by said Documents. (2) The Board of Directors shall exercise its powers in accordance with this Declaration of Covenants,Articles of Incorporation and its Bylaws. ARTICLE IV USE AND OTHER RESTRICTIONS Section 1 •Nuisaace _ No nuisance shall be permitted to exist or operate upon any property so as to jeopardize property values or to be detrimental to the well being of any other Member of the Association. Section 2•Restriction on Further Subdivision. Lots 1 through and including lot 8 shall not be further subdivided or separated into smaller lots by any Owner,and no portion less than all of any such Lot,nor any easement or other interest herein shall be conveyed or transferred by an Owner,provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instrumr nts. Section 3-t;jinele-Family Residences- Lots 1 through and including Lot 8 shall not be used for any other purpose other than as a single-family residence,and no business or commercial activity shall be carried on or within the Project other than those home occupations defined as such in the Weld County Zoning Code. Section 4 - Common Area Restriction. All use and occupancy of the Common Areas within the subdivision shall be subject to the rights of the easement holders. No damage or waste shall be committed to the Common Areas or Improvements located thereon. Section 5 -Appearance. All Lots shall be kept in a clean,safe and attractive condition, and no rubbish, refuse or garbage shall be allowed to accumulate. Section 6-Restrictions on Signs. No signs or advertising devices of any nature shall be erected or maintained on any Lot. Section 7-Conditions for Architectural Control. No improvements,alterations,repairs,change of paint colors,excavations,changes in grade or other work which in any way alters the exterior of Lots 1 through 8 and including Lot 8 or the improvements located thereon from their natural or improved state existing on the date of such property was first subject to this Declaration shall be made or done -4- Aug-14-99 12 :03A. P O without compliar,.ce with the procedures set forth in this Declaration regarding Architectural control. Section 8-Rules and Regulations. Every Owner or guests or members of the family,or Related User, and employees shrill strictly adhere to the Rules and Regulations adopted from time to time by the Association. The Board may adopt general rules, including but not limited to, rules to regulate potential problems relating to the use of the property and the well-being of the members, such as keeping of animals, storage items and the use of all vehicles, storage and use of machinery, use of outdoor drying lines,antennas,signs,trash, trash containers,maintenance and removal of vegetation on the property. Section 9 -Maximum/Minimum Lot Coverage. (a) The maximum lot coverage by all structures on each Lot shall not exceed fifteen percent (15%)of the total Lot size. (b) The maximum number of square feet allowed for any dwelling on any Lot shall not exceed 9,000 square feet. (c)The minimum foot print of each dwelling,as measured at ground level,shall be 2,400 square feet, excluding garage. Section 10-Restrictions of Parking and Storage. Except as expressly herein provided, no Lot, including the private drives,or parking areas,unless specifically designated by the Association therefor, shall he used as a. parking, storage, display or accommodation area for any type of house trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto, motor-driven cycle, truck,self-contained motorized vehicle or any type of van except as a temporary expedience fur loading, delivery or emergency. The same shall be stored, parked or maintained within the garage of each Lot. This restriction, however,shall not restrict trucks or other commercial vehicles within the Properties which are necessary for the construction of residential dwellings or the maintenance of the Common Area or Lots. This restriction, however,shall not prevent Owners of Lots from having guests who park in the private drives or parking areas of a Lot. This section shall not apply to Lot 9. Section 11 - Animals Within 1'roied. Animals shall be kept or harbored within the Project subject to the existing ordinances of Weld County, Colorado. It shall be the obligation of each Owner owning o pet to control said pet in accordance with existing ordinances of Weld County, Colorado. It shall he the responsibility of each owner to maintain any Lot or Common Area used in any manner by any pet to avoid any noise or odor or nuisance to any other owner within the Association_ The 13oard of the Association may, at any time, create rules and regulations regarding the keeping of animals within the subdivision,and all Owners shall be subject to this covenant which requires that the Owners comply with the terms and conditions of those rules and regulations regarding animals within the Project. Any rules and regulations regarding animals shall be established in accordance with the Bylaws of the Association. No more than four household or residential pets shall he allowed. No animals of any type which are non-household pets including by way of definition. but not limitation, horses, cows, sheep goats, ur llamas, shall be kept on Lot 1 through and including Lot 8. No animal. shall be kept within the Project for any commercial purpose. This section shall not apply to Lot 9. Section 12 - Control of Antennas and Receiving Equipment, As of the date of recording, the Declarant can not represent that cable television service will be provided to the subdivision. Exterior television.receiving sr transmitting devices of any type including receiving or transmission equipment for microwave transmission and any radio receiving or transmitting device of any type are expressly prohibited unless approved in writing by the Architectural Review Committee of the Association, Aug-14-99 12:03A P. 10 Section 13 - Underground Electric Lines. All electric, television, radio, telephone line installations and connections from any property line of a Lot to a Living Unit or other structures shall be placed underground,except that during the construction of a laving Unit, the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of construction. Thu section shall not apply to Lot 9. Section 14-No Annoying Light,Sound or Odors, No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any Lot which is unreasonably loud or annoying; and no odor shall be emitted on any Lot which is noxious or offensive to others. Section 15 •Dog.Runs, Clotheslines and Storage Areas. No clothesline, dog runs,drying yard, storage area or wood pile shall he constructed or altered within the Project without being approved according to the provisions of this Declaration regarding Architectural Control. This section shall not apply to Lot 9. Section 18 - Garbage and Refuse Disposal. No garbage, refuse, rubbish or cuttings shall be deposited on any si.reet or Lot unless placed in a container suitably located solely for the purpose of garbage pickup. All equipment for the storage or disposal of such materials shall he kept in clean and sanitary condition. Section 17 -Repair. No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicles,trailers or boats may be performed on any Lot unless it is done within completely enclosed structures located on the Lot which screen the sight and sound of the activity from the street and from adjoining property nor shall any such activity be performed on the Common Area. The foregoing restriction shall not be deemed to prevent washing and polishing of any motor vehicle, boat, trailer or motor-driven cycle, together with those activities normally incident and necessary to such washing and polishing. This section shall not apply to Lot 9. Section 18-Storage, No tanks for the storage of gas,fuel,oil or other materials shall bee ratted, placed or permitted above or below the surface of the Lot. This Section shall net apply to Lot 9. Section 19 - Trash Burning. Trash, leaves and other similar materials shall not be horned within the Project This section shall not apply to Lot 9. Section 20-Maintenance of Site Views Within Eden Reserve, No residential home,or ancillary building shall be pls.cod or constructed within Eden Reserve without the prior written approval of the Architectural Review Committee. The location, height, width, and dimensions of all residences: and ancillary buildings shall be subject to a site review by the Architectural Review Committee prior to construction and shall require the Lot Owner to stake on the Lot the proposed residence or other ancillary improvement for review and approval by the Architectural Review Committee prior to construction. All decisions regarding site views within Eden Reserve shall be made by the Architectural Review Committee and shall be site-specific beach Lot within the Development- This section shall not apply to Lot 9. Section 21 -'Weed Control. Each Lot Owner shall be responsible for weed control on each Lot. owned by that Owner. The Association shall enforce a weed height standard which requires that weeds Shall not exceed twelve (12)inches in height. Should a Lot Owner allow weeds to exceed twelve (12) inches in height, the Association may,but shall not be required, to give the Lot Owner written notice of its intent to mow the weeds and should the Lot Owner not mow the weeds within seven(7)days after receiving said notice, or should the Association deem it necessary for immediate maintenance to occur, -6- Aug-14-99 12 :04A P- 11 the Association may employ agents to perform the weed maintenance, pay for the cost of that maintenance, and then recover it from the Lot Owner in the form of a reimbursement assessment as described in Article V, Section 8 of these covenants. ARTICLE V ARCHITECTIJRAI,REVIEW Section 1-Membership and Activation of th a Association Architectural Review Corn mute°, The initial Architectural Review Committee and the membership of thereto shall be the Board of Directors of the Association. The Committee shall begin to function immediately. Section 2-Improvement to Property Defined. "Improvement to Property,"requiring approval of the Association Architectural Review Committee,shall mean and include,without limitation:(a)the construction, installation, erection or expansion of any building, structure or other improvements, including utility facilities; (b) the demolition or destruction, by voluntary actions, of any building, structure or other Improvements; (c) the grading, excavation, filling or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern or change of irrigation ditches;(d)landscaping,planting,clearing or removing of trees, shrubs, grass or plants;and (e)any change or alteration of any previously approved Improvement to the Property including any change of exterior appearance, color or texture. Section 3 - Approval of Improvements Reaujred, After the activation of the Association Architectural Review Committee,the approval of the AssociationArchitectural Review Committee shall be required for any Improvement to the Property on any Lot within the Project, except for any Improvements to the Property made by Declarant and except as prior approval may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Association Architectural Review Committee because of approval in such case ur cases is not reasonably required to carry out the purposes of this Declaration_ fiecticat 4 -Committee Guidelines or Rules. The Association Architectural Review Committee may issue guidelines or rules relating to the procedures, materials to be submitted and additional factors which will he taken into consideration in connection with the approval of any proposed Improvement to Property. Such guidelines or rules may specify circumstances under which the strict application of limitations or restrictions under this Declaration will be waived or deemed waived in whole or in part because strict application of such limitations or restrictions would be unreasonable or unduly harsh under the circumstances. Such guidelines or rules may waive the requirement for approval of certain Improvements to Property ur exempt certain improvements to Property from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration. Such guidelines or rules may elaborate or expand upon the purposes herein relating to procedures and criteria for approval. Such guidelines or rules may specify rules and restrictions pertaining to the construction of Improvements to the Property, including, for example,the storage of construction materials and hours of construction operations. Such guidelines or rules shall have the same force and effect as if they were a part of this Declaration. Section 5- Submission of Plans, Prier to commencement of work to accomplish any proposed Improvement to Property, the Owner or its duly authorized representative proposing to make such Improvement to Property("Applicant')shall submit to the Association Architectural Review Committee at its offices such description, surveys, plot plans, drainage plans, elevation drawings, construction plans, landscape plans, specifications and samples of materials and colors as the Association Architectural Review Committee shall reasonably request showing the nature, kind, shape, height, -7_ Aug-14-99 1.2 :04A P. 12 width, color, materials, and location of the proposed Improvement to Property ("Plans'). The Association Architectural Review Committee may require submission of additional Plans or other information prior to approving or disapproving the proposed Improvement to Property, until receipt by the Association Architectural Review Committee of all required materials in connection with the proposed Improvement to Property, the Association Architectural Review Committee may postpone review of any materials submitted for approval. In addition to the submission of the Improvements the Owner, Builder,and Architectural Review Committee shall meet on the Lot upon which any proposed Improvement is to be made and shall review staking placed on that Lot by the Owner or Builder which outlines the Improvement, whether it is a residence or ancillary improvement so that a determination can be made by the Architectural Review Committee regarding preservation of site views for adjoining Lots to the one being improved. Section ( - Criteria for Approval The Association Architectural Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the location indicated will not be detrimental to the appearance of the Project in the vicinity of the proposed Improvement to Property; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Project; that the Improvement to Property will not interfere or alter the site views established by the Declarant:with respect to building envelopes for any Lot within the Project, and that the upkeep and maintenance of the proposed Improvement to Property will not become a burden an the Association. No approval,;>f any proposed improvement shall be granted which fails to meet the set back requirements of Weld County concerning septic envelope for each Lot. The Association Architectural Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Association Architectural Review Committee may deem appropriate. Section 7-Architectural Review Pee. The Association Architectural Review Committee may, in its guidelines or rules,provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Association Architectural Review Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be determined in any other reasonable mariner,such as based upon the eatimated cost of the proposed Improvement to Property. Section 8 - Decision of Committee. The decision of the Association Architectural Review Committed shall be made within thirty(30)days after receipt by the Association Architectural Review Committee of all materials required by the Association Architectural Review Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision is not to approve n proposed Improvement to Property, the reason therefor shall be stated. The decision of the Association Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Association Architectural Review Committee. Section 9 - Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Association Architectural Review Committee within thirty (30) days after the date of receipt by the Association Architectural Review Committee of all required materials including, in the case of Initial Improvements, final working drawings. Section 10 - Obtaining Governmental Approvals. Application shall obtain, prior to commencement of construction of any Improvements to Property, all permits, licenses. certificates, consents and any other approvals necessary or required pursuant to any law, ordinance, resolution, order,rule or regulation of any governmental authority having jurisdiction('Governmental Approvals") -H- Aug-14-99 1.2 :O5A P. 13 in order for Applicant to construct, operate and maintain the Improvements to Property. The Governmental Approvals shall be deemed to include,but riot be limited to,building approvals by Weld County, Colorado. Section 11 -Prosecution of Work After Approyal. After approval of any proposed improvement to Property, the proposed Improvement to Property shall he accomplished as promptly and diligently as possible in complete conformity with the description of the proposed Improvement of Property,any materials submitted to the Association Architectural Review Committee in connection with the proposed Improvement to Property,any conditions imposed by the Association Architectural Review Committed and in compliance with the conditions and restrictions of this Declaration. Section 17,.- Notice of Completion. Upon completion of any Improvement to Property, the Applicant shall give written Notice of Completion to the Association Architectural Review Committee. Until thedate of receipt of such Notice of Completion,the Association Architectural Review Committee shall not be deemed to have notice of completion of such Initial Improvements or improvement to Property. Section 1_3-Inspection of Work. The Committee or its duly authorized representative shat.'have the right to inspect any improvement to Property or the Property itself prior to, during or after completi on of any Improvement to Property. The Committee's right of inspection of Improvements shall terminate thirty(30)days after the work or Improvement shall have been completed and the respective Owners shall have given written notice to the Committee of such completion. The Committee's right to inspection shall not be terminated pursuant to this Section in the event plans for the construction of Improvements or modification of Improvements have not been previously submitted to it by the ApplicanUOwner. If, as a result of any inspection, the Committee finds that such Improvement has been initiated without obtaining approval of the plans therefor, or is not being constructed in substantial compliance with the plans approved by the Committee,the Committee shall have the right to initiate a civil action seeking injunctive relief against the Owner of the Property and ally contractor or subcontractor who is completing the Improvements without compliance with the Architectural Conti-el provisions of this Declaration. Should the Committee be successful in obtaining injunctive relief against the Owner, any contractor or subcontractor involved in construction of improvements, the Committee shall be entitled to receive from the Owner all costs of the action, including reasonable attorney Dees. It is the intent of this Section to give the Committee the ability to prevent any construction within the subdivision of any type of Improvement that has not been previously approved by the Association Architectural Review Committee. be t ion 14-Notice of Noncompliance, lf,as a result of inspection or otherwise,the Association Architectural Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Association Architectural Review Committee, or was not done in Substantial compliance with the approved Plans or other materials furnished to, and any conditions imposed by,the Asso_iation Architectural Review Committee,or has not been accomplished as promptly and diligently as possible, then the Association Architectural Review Committee shall notify the Applicant in writing of the noncompliance;which notice shall be given,in any event,within thirty (30) days after the Association Architectural Review Committee receives a Notice of Completion from. the Applicant. The notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance. Section 15 _Failure of Committee to Act After Completion. if, for any reason other than. the Applicant's actor neglect,the Association Architectural Review Committee fails to notify the Applicant of any noncompliance within thirty (30) days after receipt of the Association Architectural Review Committee of written Notice of Completion from the Applicant,the Improvement to Property shall he -9- Aug-14-99 12 :05A P- 14 deemed in compliance if the Improvement to Property wax,in fact,completed as of the date of the Notice of Completion. Section 10 - Correction of Noncompliance. If the Board of the Association determines that a noncompliance exists,the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Applicant of the ruling of the Board of the Association. If the Applicant does not comply with the Board of the Association ruling within such period, the Board may, at its option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may remove the noncomplying Initial Improvements or other Improvements to the Property or may otherwise remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, fur all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Applicant, the Board of the Association may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses- The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law,in equity,or under this Declaration. Section 17 - No Implied Waiver or Estoppel. No action or failure to act by the Association Architectural Review Committee or the Association shall constitute a waiver or estoppel with respect to future action by the Association Architectural Review Committee with respect to any Improvement to Property. Specifically, the approval by the Association Architectural Review Committee of any Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement to Property or any similar proposals, plans, specifications or other materials submitted with respect to any other Improvement to Property. Section 18 • Committee Power to Grant Variances. The Association Architectural Review Committee may authorize variance from compliance with any of the provisions of this Declaration for property in the Project when circumstances such as, but not limited to, topography, natural obstructions,hardship. aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of members,of the Executive Board or a majority of the Members of the Association Architectural Review Committee. If any such variance is granted,no violation of the provisions of this Declaration for property in the Project shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however that the granting of a variance shall not operate to waive any of the provisions of this Declaration for property in the Project for any purpose except as to the particular property and particular provisions covered by the variance,nor shall the granting of a variance affect in any way the Owner's obligation to comply with Restrictions in any deed or lease from Declarant or to comply with all governmental laws and regulations affecting the property concerned, including,but not limited to, development guides and zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. !Section 19 • Compensation of Members. Members of the Association Architectural Review Committee may receive reimbursement of out-of-pocket expenses incurred by them in the performance of their duties hereunder as compensation for the performance of such duties if approved by the Executive Board of the Association. Section 20-Mooting of Committee.The Association Architectural Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Association Architectural Review Committee may, from time to time, by resolution in writing adopted by a majority of the Members, designate a Committee Representative (who may, but need not, be one of its Members) to take any action or perform any duties for or on behalf of the AssociationArchitectural Review Committee,except the granting of approval to any Improvement to Property and granting of variances. The action of such -10- Aug-14-99 12 :OGA P- 15 Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Association Architectural Review Committee shall constitute action of the Association Architectural Review Committee_ ateLion21 Records of Actions, The Association Architectural Review Committee shall report in writing to the Executive Board of the Association all final action of the Association Architectural Review Committee and the Executive Board shall keep a permanent record of such reported action. Section 22 - Estoppel Certificates. The Association shall,upon the reasonable request of any interested party and after confirming any necessary facts with the Association Architectural Review Committee, furnish a certificate with respect to the approval or disapproval of any Improvement to Property or with respect to whether any Improvement to Property was made in compliance herewith. Any Person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. Section 23 - Nonliability for Committee Action. There shall be no liability imposed un the Association Architectural Review Committee, any member of the Committee, any Committee Representative,the Association,any member of the Executive Board of either,or Declarant fur any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Association Architectural Review Committee unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter,the Association Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to Property from the standpoint of safety,whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. Section 24- Cunstpuetion Period Exception. Until such time as all Living Units are built upon Lots within the Project, all actions regarding architectural control shall be decided by the Declarant without participation by the Executive Board of the Association. The Declarant may incorporate any utilize any ur all of the provisions of this Article IX to arrive at its decision. Section 25 - Septic Envelope. There shall be no development, landscaping, construction of buildings or other improvements on the septic envelope as defined by the West County Department of Public H ealth. ARTICLE VI TERMINATIOMAND AMENDMENT OF DECLARATION Section 1 -Termination. This Declaration shall continue in effect until and unless terminated as provided in accordance with the provisions of C.R.S.§38.33.3-217 as originally enacted or as subsequently amended by Colorado Legislature. Section 2-Amendment. Unless terminated as provided in Section 1,each and every provision of this Declaration shall run with and bind the land for a term of twenty (20) years from the date recording of this Declaration, after which time Declaration shall be automatically extended fur successive periods of ten (10)years each except for provisions stated in Article XII, Section 2, which identify specific voting requirements for those actions to be authorized. This Declaration may be amended during the first twenty(20)year period in accordance with the provisions of C.R.S. §38-33.3- 217 as originally enacted or subsequently amended by the Colorado Legislature. -17- Aug-14-99 12 :07A P. 16 ARTICLE VII • CONDEMNATION,DAMAC E OR DESTiji;CTION TO COMMON AREA Section 1 -Damage or Destruction to Common Area. In the event of damage or destruction to all or a portion of the Common Area due to fire or other disaster,the insurance proceeds, if sufficient to reconstruct or repair the damage,shall be applied by the Association to such reconstruction or repair, If the insurance proceeds with respect to such Common Area damage or destruction are insufficient to repair and reconstruct the damaged or destroyed Common Area, the Association shall present to the Members a notice of a special assessment for approval by the membership as provided for in Article V, Section 7 of this Declaration. If such assessment is approved, the Association shall levy such assessment and proceed to make such repairs or reconstructions. If such assessment is not approved, the insurance pro eeda may be applied in accordance with the wishes of the membership as expressed by the written consent of seventy-five percent(75%)of the Owners other than Declarant,except that the proceeds shall not he distributed to the Owners, unless made jointly payable to Owners. and the First Mortgagees of their respective Lots,if any. Such assessment shall be due and payable as provided by resolution of the Executive Board, but not sooner than sixty (60) days after written notice thereof. The assessment provided for herein shall be a debt of each Owner and a lien on the Lot,and may be enforced and collected in the same manner as any assessment hen provided for in this Declaration. Section 2• Owner Caused Damage. If,due to the act or neglect of an Owner or a Related User of an Owner,whether by virtue of the exercise by such Owner or Related User of any easement or right granted to him herein or otherwise, loss or damage shall he caused to any property, including the Common Area and, in the case of damage to property, if such Owner does not promptly repair and restore any such damaged property to the condition it was in prior to such damage at such Owner's sole cost and expense,such Owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Association and the carrier of the insurance has waived its rights of subrogation against. such Owner. The amount of such loss or damage may be collected by the Association from such Owner as a Reimbursement Assessment againstsuch Owner,by legal proceedings or otherwise, and such amount shall be secured by a lien on the Residential Lot of such Owner as provided elsewhere in this Declaration for assessments or other charges. Section 3-Condemnation Procedure. In the event proceedings nre initiated by any government or agency thereof, seeking to take by eminent domain the Common Area, any part thereof, or any interest therein,any improvements thereon,or any interest therein,with a value(including loss of value to the balance of .he Common Area and improvements thereof), as reasonably determined by the Association in cxce se of$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 Bought in be so condemned, to all First Mortgagees, Members, and to the Declarant. The Association shall have full power and authority to defend in said proceedings, but the Association shall not enter into proceedings pursuant to which the Common Area or any part thereof or any interest therein,or any improvements thereon or any part thereof or interest therein is relinquished without all First Mortgagees, Members, and Declarant at least fifteen (15)days prior written notice thereof. In the evert,following such proceedings,there is such a taking in condemnation or by eminent domain of a part or all of the Common Area, the award made for such taking shall he payable to the Association, subject to the provisions of C.R.S. §38-33.3-107 regarding the distribution of eminent domain awards as that section was originally enacted or is subsequently amended by the Colorado Legislature. -12- Aug-14-99 12:07A P_ 17 ARTICLE VIII RE UIREMENTS_OF THE FIRE DISTRICT All Lots are required to meet the then applicable requirements of the Fire District. Such requirements may include, but not be limited to: all buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code and the 1994 Edition of the Uniform Building Code,as ratified by the Weld County Commissioners and enforced by Weld County; building plans for the remodel of any building must be submitted to the Fire District for review and approval. If at the time of the recording of these Covenants, the minimum required water flow of 1,000 gallons per minute cannot be provided by the existing water system,all residences within the PUD must be protected with a resi dential fire sprinkler system;plans for the residential fire sprinkler system must be reviewed and approved by the Fire District prior to installation;all residences must be inspected and approved by the Fire District before a Certificate of Occupancy is issued by Weld County. Approved address numbers shall be placed on all residences in such a position to be plainly visible and legible from the street fronting the.property. Address numbers or letters shall c ntrast with their background. ARTICLE IX WELD COUNTY 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 intrusion of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment;dust of animal pens, field work, harvest, and gravel roads, odor from animal confinement, silage, and manure, spoke from ditch burning, flies and mosquitoes; the use of pesticides and fertilizers in the fields, including those 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 are of over 4,000 square miles in size(twice the State of Del aware) with more than 3,700 miles of state and county roads outside of the municipalities. The sheer magnitude of the area to be served stretch 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 severel days after a major snowstorm. Snow rem oval for roads within subdivisions are of the lowest priority fur public works or may be the private responsibility of the homeowners. Service 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 43- Aug-14-99 12:08A P_ 18 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 own safety,but also for the protection of the farmer's livelihood. Parents (need or must) be responsible for their children. ARTICLE X RIGHTS RESERVED BY DECLARANT Section 1. - Special Declarant Rights, Declarant hereby reserves the right from time to time until the Turnover Date, to perform the acts and exercise the rights hereinafter specified (the"Special Declarant.Rights"). Declarant's Special Declarant.Rights include the following: (a) Completion of improvements. The right to complete improvements indicated on Plats and Maps tiled with the Declarant. (b) Exercise of Development Rights The right to exercise any Development Right reserved in Article XIIl of this Declaration. (c)hales Management and Marketing. The right to maintain sales offices,management offices,signs advertising the Project and models. (d) Construction Easements. The right to use easements through the Common Elements for the purpose of making improvements within the Project or within real estate which may be added to the Project, (e)Master Association, The right to make the Project subject to a Master Association_ (t)Merger. The right to merger or consolidate the Project with another project of the same form of ownership. (g) Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any Executive Board member. (h)(intendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights. (i)Amendment of Map. The right to amend the Map in connection with the exercise of any Development Rights. Section 2•Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 1 above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"). (a) Dedications. The right to establish from time to time, by dedication or otherwise, utility and other easements for purposes,including but not limited to,streets,paths,walkways, drainage, recreation areas, parking areas, and conduit installation areas and to create other reservations, exceptions and exclusions for the benefit of and to serve the Lot Owners within the Project. -14- Aug-14-99 12:08A P. 19 • (b) Use Agreements. The right to enter into, establish,execute, amend and otherwise deal with ixmtracts and agreements for the use, lease, repair, maintenance or regulation of parking,which may ormay not be a prat of the Project for the benefit of the Lot Owners and/or the Association. (c) Other Rights. The right to exercise any Additional Reserved Right created by any other provision of this Declaration. Section 3 •Rights Transferrable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Such instrument shall be executed by the transferor Declarant and the transferee. Section 4 • Amendment of the Declaration. If Declarant elects to submit the Development Property, or any part thereof, or Additional Improvements, to this Declaration or to subdivide or to convert Units at such time as construction of the improvements on the Development Property or the additional Improvements are substantially complete, Declarant shall record an amendment to this Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will be apportioned according to the total number of Units submitted to the Declaration, The Allocated Interests appurtenant to each Unit in the Project,as expanded,shall be based on the total number of Lots within the Project,as expanded,and/or on such other information as Declarant shall reasonably determine is relevt:.nt to the reallocation_ Theamendment to this Declaration shall contain,at a minimum, the legal description of the Development Property, or a part thereof, or a description of the Property on which the Additional Improvements being submitted to this Declaration are located and a schedule of the Allocated Interests appurtenant to the Units in the Project as expanded. Section 5-Amendment of the Map. Declarant shall,contemporaneously with the amendment of this Declaration,file tin amendment of the Map showing the location of the Additional Improvements constructed on the Development Property_ The amendment to the Map shall substantially conform to the requirements o)ntained in this Declaration. Section 6-I nteroretation. Recording of amendments to this Declaration and Map in the office of the Clerk and Recorder of Weld County shall automatically: (a)'Jest in each existing Lot Owner the reallocated Allocated Interests appurtenant to the Lot;and (b) Vest in each existing Mortgagee a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Upon the re=ordingof an amendment to this Declaration,the definitions used in this Declaration shall aulximatically he extended to encompass and to refer to the Property, as expanded. The Development Property, or any part thereof, or the Additional Improvements, shall be added to and become a part of the Property for all purposes. All conveyances of Lots after such expansion shall be effective to transfer rights in all Common Elements as expanded,whether or not reference is made to any amendment to this Declaration or the Map. Reference to this Declaration and the Map in any instrument shall be deemed to include all amendments to this Declaration and the Map without specific reference thereto. -15- Aug-14-99 12 :09A P. 20 Section 9-Maximum Number of Lots. The maximum number of Lots in the project shall not exceed nine (9) Lots or the maximum number of Lots allowed by any governmental entity having jurisdiction over the Property,pursuant to any development plan for the Property and the Development Property. Declarant shall not be obligated to expand the Project beyond the number of Lots initially submitted to this Declaration. SectionS-Construction Easement. Declarant expressly reserves the right to perform warranty work, repairs and construction work and to store materials in secure areas in Lots and in Common Elements,and the future right to control such work and repairs,and the right of access thereto, until its completion. AL.work may be performed by Declarant without the consent or approval of any Lot. Owner or Mortgagee. Declarant has such an easement through the Common Elements as may he reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, conduits and other facilities across the land not designated as reserved for future development in this Declaration or on the Map for the purpose of finishing utility and other services to buildings and improvements to be constructed on the property. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an improvement containing Living Units. ARTICLE XI REQUIRED ALLOCATION OF INTERESTS Section 1 • Allocated Interests. The undivided interest in the common expense liability and voting in the Association allocated to each Lot are as follows: (a) The percentage of liability for common expenses shall be determined by using a formula in which the numerator is I and the denominator is the total number of Lots subject to this original Declaration or any subsequent amendment of this Declaration which are ohown on a recorded subdivision plat(s)required by Weld County and recorded with the Weld County Clerk and Recorder; and (b)The number of votes in the Association on the basis of one (1)vote being allocated to each Lot Owner of Lots 1 through S and nine(9)votes being allocated to Lot 9,as determined by the tot:.1 number of Lots that have been submitted to this original Declaration or any subsequent amendments of this Declaration which are shown on a recorded subdivision plat required by Weld County and recorded with the Weld County Clerk and Recorder. ARTICLE XiI GENERAL PROVISIONS Section 1-Enforcement. The Association or any Owner shall have the right to enforce,by any proceeding at law or in equity,all restrictions,conditions,covenants, reservations,liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2 - Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect or limit any other provision which shall remain in full force and effect. -16- Aug-14-99 12:09A P- 21 Section 3• Claims. No claim or cause of action shall accrue in favor of any person in the event of the invalidity of any provision of this Declaration or for failure of the Association or Declarant to enforce any provision hereof. This Section may be pleaded as a full bar to the maintenance of any suit, action,or arbitration brought in violation of this provision. Section 4 -Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 5-Conflicts of Provisions. In case of any conflict between this Declaration,the Articles of Incorporation m' Bylaws of the Association, this Declaration shall control. In case of any conflict between the Articles of Incorporation and Bylaws of the Association,the Articles of Incorporation shall control. Section 6-Owners Rights to Examine. Each Lot Owner shall have a right to examine the honks and records of the Association at any reasonable time. Section 7_Registration by Owner of Mailing Address. Each Owner shall register a mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands, or other notices intended to be served upon the Executive Board of the Association Altai'be sent by certified mail, postage prepaid, to the office of the Association at such address as is identified.by the Association in writing to each Owner. IN WITNESS WHEREOF, Declarant has executed this Declaration on the day of July, 1999. Declarant EDEN'S RESERVE a Colorado corporation BY: MARK EBERL, President BY: JACQUELYN EBERL STATE OF COLORADO ) )SS: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1999,by -17- Aug-14-99 1.2 : 1OA P. 22 MARK EBERL,known to me to be the President and JACQUELYN EBERL of EDEN'S RESERVE,a Colorado corporation, WITNESS by hand and official seal. Notary Public Address: My Commission Expires: _2S_ Aug- 12-99 02 : 56P Colo Gen Survey 3038662461 P _ 02 STATE OF COLORADO COLORADO of MinECerals is aridSURVEY Geology 1Department oa Ntreet, Rowerces 715 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (303) 866-2611 FAX (303) 866-2461 DEPARTMENT OF NATURAL RE SAI RC S c,nve no, eiI Greg VVrIicher cn_cur,ve D;rnricr February 2, 1999 WE-99-0026 M" � a Ti�lcon 3 l.nn weld Cover, State Geologist and Cirectr,r Mr. Scott Ballstadt Weld County Planning Department 1400 North 176 Avenue Greeley, CO 80631 Re: Eden's Reserve (Site): Southwest of the Intersection of C.R. 32 and C.R. 7, Weld County Dear Mr. Ballstadt: At your request and in accordance with Senate Bill 35 (1972), we have reviewed the materials submitted for and made. a field inspection on January 26, 1999, of this proposed development. The Preliminary Geotechnical Engineering Report (Terracon, 12/1'1✓9St and the P.U.D. Sketch Plan Application (Design Development Consultants, 11/30/98) were reviewed. The following comments summarize our findings. Overview The generalized surficial deposits at the approximately 109-acre site consist of wind- deposited silts and clays. These materials typically overlie claystnne and siltstone bedrock. The depth to bedrock can vary from a few feet to greater than 10 feet. The soils appear to exhibit moderate to high swelling potentials based on qualitative field observations. Presently, the area is being utilized for agriculture and the fields have been seasonally plowed and harrowed. Past irrigation of the soil was evident bused on an irrigation-pipe-stock stockpile. The overall site slopes gently to the south. A small man- made pond (Logan Reservoir) is located near the middle of the site and the impoundment berms for it are about 8 ft above the surrounding fields. Typically, the groundwater elevation will he at or higher than the reservoir, indicating a relatively shallow water table. Luvu,i s tuns will also depend on the specifics of structural loads and the use of below-grade space). Additionally, swell-consolidation tests should be performed on soil samples obtained at the site, to determine swell potential of the subsurface units. Penetration-resistance tests (blow counts), which typically are used to determine a relative density of the subsurface, were generally very low (2 to 5) at approximately 4 feet below the ground surface. This may indicate a low density soil that may be susceptible to settlement or hydrocompaction. This possibility should be evaluated further. The ]'erracon report itself(page 7) also recommends supplemental geotechnical exploration, laboratory testing, and engineering analysis for determination of final design and construction parameters. Therefore, the subsurface for each lot should he tested by a qualified soils and foundation engineer to determine an appropriate foundation design, as expansive and/or low-density soils may he present and vary greatly at the site. Drainage Recommendations Aug- 12-99 02 :. 56P Colo Gen Survey 303866?461 P _ 03 Mr. Scott Ballstadt February 2, 1998 Page 2 Foundation Recommendations The geotechnica.l report submitted by Terracon is very preliminary and should not he used for final home construction. The foundation recommendations made in the report were apparently based on the results of only two laboratory test runs. Clearly, this is a very limited number tests on which to characterize the subsurface considering the size of the parcel and the number of lots proposed. Spread-footing foundations were recommended in the report since low expansion soils were identified. After field inspection, it was qualitatively seen (hand-specimen testing of surficial materials) that moderate to high plasticity clays may also be present. higher plasticity clays generally exhibit at least moderate swelling potential. Depending on details of subsurface conditions, drilled piers (caissons) may be a more suitable foundation type for this parcel rather than spread footings (this will also depend on the specifics of structural loads and the use of below-grade space). Additionally, swell-consolidation tests should be performed on soil samples obtained at the site, to determine swell potential of the subsurface units Penetration-resistance tests (blow counts), which typically are used to determine a relative density of the subsurface, were generally very low (2 to 5) at approximately 4 feet below the ground surface. This may indicate a low density soil that may be susceptible to settlement or hydrocompaction. This possibility should be evaluated further. The Terracon report itself(page 7) also recommends supplemental gcotechnical exploration, laboratory testing, and engineering analysis for determination of final design and construction parameters. Therefore, the subsurface for each lot should be tested by a qualified soils and foundation engineer to determine an appropriate foundation design, as expansive and/or low-density soils may he present and vary greatly at the site. • Drainage Recommendations Generally, areas surrounding natural or man-made ponds or lakes have water table depths which approximate the seasonal level of the surface water (impoundment), especially where the surface soils exhibit good to excellent transmissivity. Additionally, the drilling logs indicated the groundwater level was between 6 to 9 feet below the present ground surface_ This groundwater level will probably rise after home construction takes place due to irrigation Df lawns and/or septic discharge and will almost certainly never be below the elevation of Logan Reservoir. Therefore, below grade construction (basements), sho.dd he designed for anticipated ground-water levels. At the very least, perimeter drains should he installed around each house, regardless of whether a basement is used and irrespective of foundation type selected. However, individual perimeter drains may not handle the long-term ground-water inflow and more elaborate drainage systems may have to he considered, including ones that can be actively pumped. Sonic reasonable recommendations are To regrade each lot to elevate its sub-grade above Aug- 12-99 02 :: 57P Colo Gen Survey 3O386F?461 P . O4 Mr. Scott Ballstadt February 2, 1998 Page 3 the highest antic"pated ground-water level or to avoid the problem by discouraging the use of basements. In either instance, positive drainage away from houses should he maintained by elevating building footprints or regrading adjacent to buildings. Surface drainage control was not addressed in detail in the submitted reports. The P_U.D. Sketch Plan Application (Design Development Consultants, 11/30/98) indicates that drainage swales should he constructed to direct now into the existing reservoir. The report indicated additional runoff from road surfaces and roofs should he insignificant to warrant additional drainage-control measures. Presently, this may be correct, hut it the subdivision roads and drives are paved or, additionally, more lots are added nearby, the additional surface runoff may adversely impact any future developments to the south. Therefore, it is generally recommended that a drainage plan be implemented to define where the drainage-control structures (e.g., detention ponds, storm sewers, and their outfalls) should be located. This should include and analysis of whether the present reservoir retention capacity is sufficient for present and future changes to this proposed subdivision. If the recommendations made above arc addressed and made conditions of approval for this subdivision, then we have no geology related objections to its approval. Please do not hesitate to contact this office if you have any questions about the observations, commentary, and recommendations made above. Sincerely, f LtC Ben Arndt, Geological Engineer, L•.LT. R viewed by: S—t r pc— Mmes M. Soule ngineering Geologist Aug- 12-99 02 : 57P Cola Gen Survey 3O386F2461 P . 05 STATE OF CULORA3O COLORapO pen nod C. nic SURVEY Division of V,in era r.and[��=nlgy nut 3 Sii rnrrr Srrr.ral R01a 71'" April ), 1999 I t,p Stn:nne or .abet, Are .urLe 15 Ucrnrr,t:oltrrado;107111 Phone_51131 Phi,-?t; I PAX:VfI3 t;6rS.ti01 DLYARTMENT QF t r, cnkaten ,r ^-r- r Weld County Nanning Dcpartmcot JI t H3i r,uH.a; :Jr! .E+e J,'r•�;. Re: Change of Zone from Agriculture to PUD, Edens Reserve M chael 3 t,;,c CGS Review No. WE-99-0039 „c crc.,an Dear Mr Patton' reviewed the additional material that was submitted, the Soil Percolation CharatTensties Report prepared by Temrcon (March 1999); a Drainage Plan Report prepared by Boden engineering (March 1999), in addition to the Preliminary Geotechnical Engineering Report prepared by 'ten-aeon (December 1998). The property can be developed as residential as long as the following issues are addressed: 1) Soil. The soils consist or sticky clays with a very high moisture content The one swell- consolidation test that was performed on the soil did not indicate hazardous swell potentials, but this may be becar..sc of the high moisture content. Low blow counts (<6/12 in) in the depth interval around 5 ft combined with moisture contents at or near saturation suggest soft compressible soils at this horizon. These would be difficult to compact because of their wet nature, and if they are present at the proposed depth of foundation, they should be removed_ Because bedrock is so close to the surface, drilled pier Ibundations should be eon sidered as an alternative to spread footings, although it is essential that the borehole be free of water when concrete is poured_ This would require dewaIowa tering equipment be present on site. 2) Groundwater. U is difficult to predict how the groundwater regime will change after development without knowing how much the land has been irrigated, The new influx of water into the system would come from lawn irrigation and wastewater from leach fields. High groundwater levels will affect residences (whether to have basement construction or nut) and leach fields (whether to permit standard absorption fields or require designed systems.) I strongly recommend that irrigation records be provided to the engineering consultant to furnish more information on historic conditions. With these data some comparison may be made as to the projected pocndwater level after development.and the most prudent.choices may he proposed. Any st bgrade construction should include a perimeter drain and sump pump Provided the above issues arc addressed, ('(iS has no objections regarding the change in lune. Please ea II me if Caere arc any questions. --Y7urti truly, . �:(J t.elia C eerm3i Gcolotiist STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology illidt Pin Department of Natural Resources 1313 Sherman Street, Room 715 Denver,Colorado 80203 "i i..fl ;-, Phone:(303)866-2611 FAX:(303)866-2461 DEPARTMENT OF r UG 1-- 1999 NATURAL August 12, 1999 g g y n � RESOURCES p„7 It: p, ra `t k c rt''' Bill Owens [Vry, !y @,,y t$ .S s Governor Mr. Ben Patton Greg E.Watcher Weld County Department of Planning Services Exec utive Direr(or 1555 N. 17th Avenue Mk had B.Long Greeley, CO 80631 (FAX 970-304-6498) Division Director Vicki Cowan Stale Geologist Re: Eden's Reserve, S-500, CGS WE-00-0008 and Director Dear. Mr. Patton: Thank you for the sOmittal of plans for the above referenced subdivision. The proposal is to create nine residential lots on 109 acres. The site will be served by public water and individual septic systems. The site has been previously reviewed by the Colorado Geologic Survey and copies of the previous letters are attached. As stated in previous letters, the major constraints to the development are shallow ground water and expansive and/or collapsible soils. Soil and bedrock conditions can vary across a site. Individual test borings, swell/consolidation testing and foundation analysis and design should be required for each lot. Such testing;will help to provide the site-specific data needed to properly design individual foundations for each home. The geotechnical report was dated March 25, 1999 and it is likely that the field work was done in late winter to early spring. The report stated that ground water levels were 6 to 9 feet below ground. This would be at a time w glen ground water levels would most likely be at their lowest. The geotechnical report recognizes that maximum seasonal high ground water levels cannot be established with a single reading. The engineer recommended that a ground water monitoring program be conducted. No additional ground water data was submitted. Without additional data that establishes the seasonally high ground water levels, it would be prudent to prohibit basements a-below grade construction. In addition, specially designed septic systems for shallow ground watt-should be used. If you have questions or need any additional information, please contact me. I can be reached at(303) 866-3350 or by e-mail at karen.berry(cestate.co.us. Si cerely, VA `Karen A. Berry Geological Engineer. P.G., CPESC STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minera'.s and Geology 1313 e n Street, Resources - WAN 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (303) 866-2611 FAX (303) 866-2461 LOG l e�C ly DEPARTMENT OF NATURAL RFCEIVF, D RES_4LR FS_ dill O.,ens Governor Greg Vialcher Sxecutive Cirectior Michael B. Lang February 2, 1999 WE-99-0026 Division Director Vicki Cowart 'orate Geologist and Director Mr. Scott Ballstadt Weld County Planning Department 1400 North 17`h Avenue Greeley, CO 80631 Re: Eden's Reserve (Site): Southwest of the Intersection of C.R. 32 and C.R. 7, Weld County Dear Mr. Ballstadt: At your request and in accordance with Senate Bill 35 (1972), we have reviewed the materials submitted for and made a field inspection on January 26, 1999, of this proposed development. The Preliminary Geotechnical Engineering Report (Terracon, 12/14/98) and the P.U.D. S ketch Plan Application (Design Development Consultants, 11/30/98) were reviewed. The following comments summarize our findings. Overview The generalized surficial deposits at the approximately 109-acre site consist of wind- deposited silts and clays. These materials typically overlie claystone and siltstone bedrock. The depth to bedrock can vary from a few feet to greater than 10 feet. The soils appear to exhibi': moderate to high swelling potentials based on qualitative field observations. Presently, the area is being utilized for agriculture and the fields have been seasonally plowed and harrowed. Past irrigation of the soil was evident based on an irrigation-pipe-stock stockpile. The overall site slopes gently to the south. A small man- made pond (Logan Reservoir) is located near the middle of the site and the impoundment berms for it are about 8 ft above the surrounding fields. Typically, the groundwater elevation will be at or higher than the reservoir, indicating a relatively shallow water table. Mr. Scott Ballstadt February 2, 1993 - ic99 Page 2 R.P FIVFP Foundation Recommendations The geotechnical report submitted by Terracon is very preliminary and should not be used for final home construction. The foundation recommendations made in the report were apparently based on the results of only two laboratory test runs. Clearly, this its a very limited number tests on which to characterize the subsurface considering the size of the parcel and the number of lots proposed. Spread-footing foundations were recommended ir. the report since low expansion soils were identified. After field inspection, it was qualitatively seen (hand-specimen testing of surficial materials) that moderate to high plasticity clays may also be present. Higher plasticity clays generally exhibit at least moderate swelling potential. Depending on details of subsurface conditions, drilled piers (caissons) may be a more suitable foundation type for this parcel rather than spread footings (this will also depend on the specifics of structural loads and the use of below-grade space). Additionally, swell-consolidation tests should be performed on soil samples obtained at the site, to determine swell potential of the subsurface units. Penetration-resistance tests (blow counts), which typically are used to determine a relative density of the subsurface, were generally very low (2 to 5) at approximately 4 feet below the ground surface. This may indicate a low density soil that may be susceptible to settlement or hydrocompaction. This possibility should be evaluated further. The Terracon report itself(page 7) also recommends supplemental geotechnical exploration, laboratory testing, and engineering analysis for determination of final design and construction parameters. Therefore, the subsurface for each lot should be tested by a qualified soils and foundation engineer to determine an appropriate foundation design, as expansive and/or low-density soils may be present and vary greatly at the site. Drainage. Recommendations Generally, areas surrounding natural or man-made ponds or lakes have water table depths which approximate the seasonal level of the surface water (impoundment), especially where the surface soils exhibit good to excellent transmissivity. Additionally, the drilling logs indicated tha groundwater level was between 6 to 9 feet below the present ground surface. This groundwater level will probably rise after home construction takes place due to irrigation of lawns and/or septic discharge and will almost certainly never be below the elevat.on of Logan Reservoir. Therefore, below grade construction (basements), should be designed for anticipated ground-water levels. At the very least, perimeter drains should be installed around each house, regardless of whether a basement is used and irrespective of foundation type selected. However, individual perimeter drains may not handle the long-term ground-water inflow and more elaborate drainage systems may have to he considered, including ones that can be actively pumped. Some reasonable recommendations are to regrade each lot to elevate its sub-grade above Mr. Scott Ballstadt February 2, 1998 Page 3 the highest anticipated ground-water level or to avoid the problem by discouraging the use of basements. In either instance, positive drainage away from houses should he maintained by elevating building footprints or regrading adjacent to buildings. Surface drainage control was not addressed in detail in the submitted reports. The P.U.D. Sketch Plan Application (Design Development Consultants, 11/30/98) indicates that drainage swales should be constructed to direct flow into the existing reservoir. The report indicated additional runoff from road surfaces and roofs should be insignificant to warrant additional drainage-control measures. Presently, this may be correct, but if the subdivision roads and drives are paved or, additionally, more lots are added nearby, the additional surface runoff may adversely impact any future developments to the south. Therefore, it is generally recommended that a drainage plan be implemented to define where the drainage-control structures (e.g., detention ponds, storm sewers, and their outfalls) should be located. This should include and analysis of whether the present reservoir retention capacity is sufficient for present and future changes to this proposed subdivision. If the recommendations made above are addressed and made conditions of approval for this subdivision, then we have no geology related objections to its approval. Please do not hesitate to contact this office if you have any questions about the observations, commentary, and recommendations made above. Sincerely, Ben Arndt, Geological Engineer, E.I.T. R viewed by: mes M. Soule ngineering Geologist STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department3Sem nNaturalt oom arses April 27, 1999 Sherman ar, Room 715 Denver, Colorado 80203 Phone:(303) 86o-2611 FAX 3]g66-2 6I DEPARTMENT OF 3W'r. then Patton rn ;- i � NATURAL Weld County Planning Depaihnent ��\� �� ' RESOURCES 1400 N. 17th Ave ��` Greeley., CO 806.31 ( � Bill owners Ck,,,.nnr Greg kciciche• Eke..rve IGecto, Re: Change c f Zone from Agriculture to PUD, Edens Reserve Mir*.rei B.Long CGS Review No. WE-99-0039 ron,on Doreccor Vick:Cowsri Dear Mr.. Patton: s"°eeologl` and: recn,r I reviewed the additional material that was submitted, the Soil Percolation Characteristics Report prepared by Terracon (March 1999); a Drainage Plan Report prepared by Boden engineering (March 1999), in addition to the Preliminary Geotechnical Engineering Report prepared by Terracon (December 1998). The property can be developed as residential as long as the following issues are addressed: • 1) Soil. The soils consist of sticky clays with a very high moisture content. The one swell- consolidation test that was performed on the soil did not indicate hazardous swell potentials, but this may be because of the high moisture content. Low blow counts (<6/12 in) in the depth interval around 5 :1 combined with moisture contents at or near saturation suggest soft compressible soils at this horizon. These would be difficult to compact because of their wet nature, and if they are present at the proposed depth of foundation, they should be removed. Because bedrock is so close to the surface, drilled pier foundations should be considered as an alternative to spread footings, although it is essential that the borehole be free of water when concrete is poured. This would require dewatering equipment be present on site. 2) Groundwater. _t is difficult to predict how the groundwater regime will change after development withiut knowing how much the land has been irrigated. The new influx of water into the system would come from lawn irrigation and wastewater from leach fields. High groundwater levels will affect residences (whether to have basement construction or not) and leach fields (whether to permit standard absorption fields or require designed systems.) I strongly recommend that irrigation records be provided to the engineering consultant to furnish more information on historic conditions. With these data some comparison may be made as to the projected groundwater level after development and the most prudent choices may be proposed. Any subgrade construction should include a perimeter drain and sump pump. Provided the above issues are addressed, CGS has no objections regarding the change in zone. Please call me if there are any questions. urs truly, C�� Celia Greenm Geologist 4-1(c71/4:4;›, MEMORANDUM WilID TO: Ben Patton, W.C. Planning DATE: August E ciFROM: Trevor Jiricek, W.C. Health DepartmenY�` .�� COLORADO CASE NO.: S-500 NAME: Eden's Reserve/Mark & Jackie Ebert The Weld County Department of Public Health and Environment has reviewed this proposal. Our staff have also observed the proposed site. The application has satisfied PI ID Ordinance No. 197 in regard to water and sewer service. Water will be provided by the Little Thompson Water District and sewer will be provided by septic systems. We have one minor concern with the submitted materials. The map provided with the application materials appears to identify the septic system envelopes. However, the map does not appear to adequately identify them. These should be identified on the final plat. As you are aware, our Department has also reviewed the Sketch Plan and the Change of Zone for this development. This application appears to be very similar to those applications. As a result, our recommended conditions will be similar to those that we have previously submitted. They are as follows: 1) The development shall obtain water service from the Little Thompson Water District. 2) A Weld County Septic Permit is required for each proposed septic system. Each system shall he installed according to the Weld County Individual Sewage Disposal Regulations. d a) Each septic system shall be designed for site-specific conditions, that include but arc not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. b) All portions of any septic system in the development shall be installed a minimum of 200 feet from Logan Reservoir. 3) Verbiage shall be placed in the developments covenant that restricts activities in the unused leach field envelope. Specifically, activities such as landscaping, i.e. the planting of shrubs and trees, and construction, i.e. auxiliary structures, dirt mounds, etc. should be expressly prohibited in the designated leach field leach field envelope. 4) The "Right to Farm" covenant shall be placed on the plat. 5) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a fugitive dust control plan must be submitted and implemented. If you have any questions, please call me at extension 2209. tj\s500 J sH.H . ,c..\:).,, ,, . OG ``� F�eNeld County Referral — Cv, 's c' July 26, 1999 r COLORADO The Weld Coi:nty Department of Planning Services has received the following item for review: Applicant Mark and Jackie Eberl/ Case Number S-500 Eden's Reserve Please Reply By August 16, 1999 Planner Ben Patton Project Final Plan for a PUD with nine (9) residential lots Legal Part of the NE4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado. • Location South of and adjacent to Weld County Road 32; Approximately 1/4 mile west of Weld County Road 7 Parcel Number '207 21 100029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the eppiication, please call the Planner associated with the request. Weld Count; Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature A �� `Date \�(�� Agency 'I V\ . UvX O--5 -t- < ,. V2 �.J\ C-CS +1/Veld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax MouNTA1/4 MOUNTAIN VIEW FIRE PROTECTION DISTRICT Q. Administrative Office: 9119 County Line Road • Longmont, CO 80501 A (303) 772-0710• FAX (303) 651-7702 VIEW August 12, 1999 Mr. Ben Patton Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Patton: I have reviewed the submitted material pertaining to the final plan for the Eden's Reserve, located south and adjacent to Weld County Road 32 approximately '/4 mile west of Weld County Road 7 (Case Number: S-500). Based on my review, I have the following comments: • Fire apparatus access appears to be adequate as indicated on the final plans. If the emergency road is closed off to non-emergency traffic, the method of closure must be approved by the Fire District. All fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving capabilities. All access roads will need to be constructed and approved before building permits are issued. • A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure or 20 pounds per -square inch, is required for one- and two-family dwellings not exceeding 3,600 gross square feet. All other buildings (including larger one- and two-family dwellings) require a m nimum fire flow of 1,500 gallons per minute and may require more depending on the building size and type of construction as per Appendix 1I1-A of the Uniform Fire Code. A water supply analysis or a letter must he provided to the Fire District, btthe water supplier,that the required fire flow is available. • Fire hydrant spacing appears to be adequate as indicated on the final plans, provided that there is, in fact, a hydrant located on lot 1. It appears a hydrant is proposed for this location but it was not specifically marked as such on the final plan and Exhibit "A" (showing the improvements) indicates only two hydrants are being installed instead of three. All fire hydrants and water mains must be approved and in service before combustible building materials are delivered to any lot. • Street intersections must be marked with signs showing the street name and address range. If standard street signs are used, then the signs do not need to be submitted to the Fire District for approval. If non-standard street signs are used, the signs do need to be submitted to the Fire District for approval. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 606 P.O.Box 40 Longmont.CO Longmont,C O 299 Palmer Ave. 6500 Niwot Road Lafayette.CO 600 Briggs 100 So.Forest St 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 F ne,CO 8051€ Dacono.CO 80514 Mr. Ben Patton August 12, 1999 Page Two • All single-family residences shall have a legible address that is clearly visible from the street fronting the property. • Buildings shall be constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced by Weld County. The Fire District reserves the right to make further comments as the project proceeds. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/Ip cc: Todd Hodges, Todd Hodges Design, 4119 Granby Court, Fort Collins, CO 80526 Mark&Jackie Eberl, P.O. Box 668, Mead, CO 80542 project file file 1 08 O9.99 MEMORANDUM TO: Ben Patton, Planner DATE: August 3, 1999 Wiipcz FROM: Donald Carroll, Engineering Administrator �O,a��.SUBJECT: S-500; Mark and Jackie Eberl/Eden's Reserve COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld Counl:y Planned Unit Development Standards. Our comments and requirements are as follows: COMMENTS: Improvements Agreement_The applicant has supplied an Improvements Agreement According Policy Regarding Collateral for Improvements (Private Road Maintenance). I have reviewed the requested item, street grading, and have no conflict with the transportation portion. The applicant has supplied width and depth of asphalt or full depth asphalt in the typical cross section and has met this requirement. The applicant has supplied a street name to the proposed PUD. The Improvements Agreement regarding adequate dust suppressant has been provided. REQUIREMENTS:: The Off-Site Improvements Agreement regarding adequate dust suppressant, Item #3-C, shall indicate that this be done at least twice a year. cc: S-500 p , (' , . ., ")ii:innica,YDept. planl7 AUG Cx 1999 RECEIVED MEMORANDUM TO: Ben Patton, Planner DATE: August 3, 1999 FROM: Donald Carroll, Engineering Administrator SUBJECT: S-500; Mark and Jackie Eberl/Eden's Reserve The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld County Planned Unit Development Standards. Our comments and requirements are as follows: COMMENTS: Improvements Agreement: The applicant has supplied an Improvements Agreement According Policy Regarding Collateral for Improvements (Private Road Maintenance). I have reviewed the requested item, street grading, and have no conflict with the transportation portion. The applicant has supplied width and depth of asphalt or full depth asphalt in the typical cross section and has met this requirement. The applicant has supplied a street name to the proposed PUD. The Improvements Agreement regarding adequate dust suppressant has been provided. REQUIREMENTS: The Off-Site Improvements Agreement regarding adequate dust suppressant, Item #3-C, shall indicate that this be done at least twice a year. cc: S-500 plan17 St. Vrain Valley ;school _)istrict RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 August 4, 1999 303-776-6200/449-4978 • FAX 303-682-7343 Ben Patton Weld County Department of Planning Services 1400 N. 17th Ave. Greeley, Co 80631 RE: Eden's Reserve Final Plan for a PUD (Part of the NE 1/4 Sec. 21, T3N, R68W)) Dear Ben: Thank you for referring the Eden's Reserve Final Plan for a PUD to the School District. The projected student impact upon the St. Vrain Valley School District of 9 new single-family lots on 108.9 acres is a total of 6 students. Any students living in this subdivision would attend Mead Elementary School, Mead Middle School, and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. THIS PROPOSED DEVELOF 1995-99 ANAL DEVELOPMENT PROPOSALS' Building Oct. 98 Student Projected Over Total # of Total Cum. Over Cap W/ Capacity gjlrollment Impact Enrollment Cap. Prot Stdnts` Enrollment 95-98 Dev Elementary 456 631 3 634 _ Yes 963 1597 Yes F-1141) Middle 349 338 1 339 No 468 807 Yes (-458) High 1299 1 273 2 1275 No 532 1 807 Yes (-508) 6 1963 (SEATS AVAIL.) Dsg®d cep pvofaoPod gPmdomP ythWDdlg Ovow eoDD prropogadl ODm®D philPg mid domoDopr+room' pD®mg Dm Phogo goTooD slPPomd&mo< ®vomo (122,V4 22g) The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this development does not impact the middle and senior high school's capacity, the elementary is already over capacity. In addition, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these s:hoofs. As the volume of developments increases in the Mead Elementary area with no alleviation of the existing overcrowded conditions, the ability to provide the same quality education for these new students that is provided students in other areas becomes increasingly difficult. Therefore, the District would oppose this deveiopment because it adds to the enrollment of an already overcrowded school. Should this proposal be considered for approval, the District would request the cooperation and participation of the developer and County in implementing a separate agreement to help mitigate the impacts on the schools. This agreement would include the calculation and payment of an appropriate cash in-lieu of land dedication fee to address the capacity concerns at thew=. schools (per the attached chart), and a plat note identifying the fee responsibility. Pk ase let me know if you have any further questions. Sincerely, Scott Toillion, AICP Planning Specialist "Excellence - Our Only Option" a) Lt a) in C ✓ iI ! 'U 7 C a) O - r C 7 —' n cn D mI N M'' Eft 0 Uo fa c U - ---. . --- — -- --j V ID a) 0 0 0 O� 0 o p I o O 7 _ N J J I in In N N N N o 64 64 fA EF? C O NJ V c0 V in y LO c o 0 0 n. II t j J a C O O O O, Q O 0 • c o w C Q C O N V N N - V m 3 . N ICI d 0 )r) 0 _ C U N V O V 7 — .. « Q O C V J C V) U) .C a7 II C O N U — -- - .J— -----_- - —_ ._- - ---- - ' CO -- - V C .T. 01 p c a = in 0 .C 7 O E• In N N N LL co EC E. g V If)LOU) I V 0 f---I C') V L O co r I r N ! r U) 0) CO C } O C7 O r O r Ili CO D. l _ P _ CI a) co d w r 4-4 II E0 c rn rnI a) C Z - >. _. IT.) o O as (a E LL. C - U LL_ a) a) a) U) a) 0) E -o _c To sir L: N 'O_ O I CI VI I W 2 'I F- Co, Q = 0) d a) L cr) X W ca Aug- 12-99 02 : 56P Colo Geo Survey 30386E2461 P _ O1 STATE OF C OLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals arid CeologyOPPOPPrIOP Department otin Strrtt l Rotni 5s 1313 Sherman Street,Room 715 I Jenver,Colorado 80203 Willi' Phone:(303)866-2611 FAX:1303)866-2461 DEPARTMENT OF NATURAL August 12, 1999 RESOURCES sill p vim Mr. Ben Patton c '"' „' C,ec E.w.Jn,m Weld County Department of Planning Services Erecutive Dice,k„ 1555 N. 17th Avenue stir h:,rl n I pry. Greeley, CO 80631 (FAX 970-304-6498) n,,i,l,„,uir,rI,,, vi,wi r,. 4 ti,.,le I i,,,I„N,SI Re: Edens Reserve, S-500, CCS WE-00-0008 ,,,,I I1',,,I,,, Dear. Mr. Patton: Thank you for the submittal of plans for the above referenced subdivision. The proposal is to create tune residential lots on 109 acres. The site will be served by public water and individual septic systems. The site has been previously reviewed by the Colorado Geologic Survey and copies of the previous letters are attached. As stated In previous letters, the major constraints to the development are shallow ground water and expansive andior co lapsible soils. Soil and bedrock conditions can vary across a site_ Individual test borings, swell/consolidation testing and Inundation analysis and design should be required for each lot. Such testing will help to provide the site-specific data needed to properly design individual foundations for each home. The geotechnical report was dated March 25, 1999 and it is likely that the field work was done in 14tc winter to early spring. The report stated that ground water levels were 6 to 9 feet below ground. 'Ibis would be al a Lime when ground water levels would most likely be at their lowest. 'I he geotechnical report recognizes that maximum seasonal high ground water levels cannot he established with a single reading. The engineer recommended that a ground water monitoring program be conducted. No additional ground water data was submitted. Without additional data that establishes the seasonally high ground water levels, it would he prudent to prohibit basements or below grade construction. In addition, specially designed septic systems for shallow ground water should be used. If you have questions or need any additional information, please contact mc. 1 can be reached al (303) 866-3350 or by e-mail at karen.berry(u)sl.alc.co.us. S cerely, -.., \c / Karen A. Berry Geological Engineer, P.G., CPESC. %%C)ti1i,..& r+ Todd Hodges Design, LI C PUD► FINAL PLAN APPLICATION Specific Guide Prepared for: Mark & Jackie Eberl P.O. Box 668 Mead, Colorado 80542 Prepared by: Todd Hodges Design, LLC 4119 Granby Ct. Fort Collins, Colorado 80526 July 1999 4119 Granby a • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) .828-8059 Todd Hodges Design, L1'.C Table of Contents 1. PUD Final Plan Application Sheet 2. Application Requirements 3. Certificate of Title 4. Tax Certificate 5. On-Site Improvements Agreement 6. Dust Abatement Agreement 7. Conservation Easement 8. Covenants 9. PUD Final Plan 10. Utility Plan 11. Landscape Plan 12. Drainage Plan 13. Attachment: Drainage Plan Report 4119 Granby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272 PLANNED UNIT DEVL�JPMENT FINAL PLAN APPLICATIO,, FOR PLANNING DEPARTMENT USE ONLY: Case Number 3 Application Fee S Zoning District_ Receipt Number_`441s Date Application Checke,d1Br bin Planner Assigned to Case 1 rb:.i f-i TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we),the undersigned,hereby request the Department of Planning Services t administratively review this application or request a hearing before the Board of County Commissioners, if applicable,concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Pt. NE/4 21-03-68 of the 6th P.M.,Weld County, Colorado (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1207 21 100029 (12 digit number found on TAX I.D. or obtained in Assessors Office) NAME OF PROPOSED PUD SUBDIVISION Eden's Reserve EXISTING ZONING PUD AG, Estate& Open Space CHANGE OF ZONE CASE Z-525 TOTAL,AREA (ACRES) 108.918 TOTAL AREA(acres)OF COMMON OPENSPACE 21.064 NO. PROPOSED LOTS 9 LOT SIZE: AVERAGE 2.529 MINIMUM 2.500 UTILITIES: WATER: NAME Little Thompson Water District SEWER: NAME Septic GAS: NAME Public Service Company of Colorado PHONE: NAME US West ELECTRIC: NAME United Power DISTRICTS: SCHOOL: NAME RE-1J Saint Vrain Valley School District FIRE: NAME Mountain View Fire Protection District__ ENGINEERS NAME Mike Boden PHONE (303) 651-0300 ADDRESS 1311 South Pratt Parkway Longmont, CO 80501 PHONE same SURFACE FEE(PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: Mark&Jackie Eberl HOME TELEPHONE: 1303) 442-11.95__ ADDRESS P.O, Box 668 Mead, CO 80542 BUS. TELEPHONE: NA NAME HOME TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(it different than above): NAME HOME TELEPHONE: NA ADDRESS 1 • "., BUS. TELEPHONIIc Fe;.. OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: E: Mark&Jackie Eberl ADD E +-_ P.O Box 6 ead _ do 80542_ (7VG'`�'"- mac_-� _-._.. PUD FINAL PLAN - APPLICATION REQUIREMENTS 1. The Final Plan application form is included in the submitted application materials. 2. The PUD Change of Zone Plat for Eden's Reserve was submitted with the appli cation. 3. A ccpy of the Certificate of Title is included in the submitted application. materials. 4. A certificate of title for public dedications is not applicable to this proposal. The applicant does request that the road serving the PUD (Graceway)be accepted by the Board of County Commissioners one year after construction. 5. A deed or other suitable document will be produced at the time the Board of Cou..lty Commissioners agree to accept the road serving the PUD (Graceway). 6. A tax certificate from the Weld County Treasurer's office is included in the submitted application materials. 7. The engineered drawing and report from the engineer working on the project are stamped with his certification. 8. A copy of the proposed Conservation Easement is included in the submitted application materials. 9. An On-Site Improvements Agreement is included in the submitted application materials. 10. Review of this proposal by the Weld County Public Works Department has insured that the street system serving this PUD is adequate. 11. A Dust Abatement plan for a portion of WCR 32 is included in the submitted application materials. 12. A P1JD construction schedule is included as exhibit B of the submitted On- Site Improvements Agreement and has been previously reviewed by staff 13. The applicant will be presenting a letter of credit in the amount of the improvements to the Board for acceptance. 14. This. proposal has been granted staff review through the PUD Final Plan, therefore a certified list of surrounding property owners is not applicable to this submittal. 15. The property owners own the minerals. A record of ownership was included as part of the PUD Change of Zone application submittal. 16. Eden's Reserve PUD is in complete compliance and meets all criteria as set forth in the Change of Zone. This proposal has been reviewed under the specific guide and submitted materials have remained consistent from the beginning of the review. Eden's Reserve PUD is an example of what can be achieved by using creative design with the intent to preserve"prime" farm ground and passive open space for continued enjoyment by the inhabitants of Weld County. The uses on-site include eight estate-zoned lots, one agricultural zoned lot and open space. The open space will be owned and maintained in perpetuity by the homeowners association. 17. A Final Plan plat is included in the submitted application materials. 18. A Landscape Plan is included in the submitted application materials. The Landscape Plan has been reviewed previously and no changes have occurred. 19. A Utility Plan is included in the submitted application materials. TAX CERTIFICATE ON SITE IMPROVEMENTS AGREEMENT IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called County", and Mark and Jackie Ebert hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: EDEN'S RESERVE PUD located in the NE/4 21-03-68 of the 6th P.M Weld County, Colorado. WHEREAS, a final subdivision/PUD plat of said property, to be known as EDEN'S RESERVE PUD has been submitted to the County for approval; and WHEREAS, of the Weld County Subdivision 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: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. Revised 12/95 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A:which is attached hereto and made a part hereof by this reference,according to the construction schedule set out in Exhibit"B"also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 12195 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability,loss or damage is caused by,or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B",but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County: and all 'terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicated which of the five types of collateral prefered 3 Revised 12/95 to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8:0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 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. 4 Revised 12/95 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 one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 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 devellopment 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: 5 Revised 12/95 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 iinstitution. 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 ofColorado 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 Reques: for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampliing, 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. 6 Revised 12/95 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of 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 approval by the Board of County Commissioners. 10.0 Public. Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall he maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. 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. 7 Revised 12/95 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 BY: (title) Subscribed and sworn to before me this day of , 19 My Commission expires: Notary Public M:F0RM\APR[VATE.DB 8 Revised 12/95 EXHIBIT "A" Name of Subdivision Eden's Reserve Filing: _ Location: Pt. NE/4 21-03-08,located south and adjacent to WCR 32 &approx. 1/4 mile west of WCR 7 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this subdivision and a≤ shown on the subdivision final plat County dated Recorded on _ _in Book ,Page No. Reception No.__ _the follc.wing improvements. (Leave spaces blank where they do not apply.) IMPROVEMENTS NUMBER OF UNITS UNIT COST TOTAL COST Street grading 3185 cu/yds $1.00 $3185.00 Street base _. 1341 tons $8.50 $11,398.00 Street paving _ 517.5 tons $28.00 $14,490.00 Curbs,gutters and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvemer..ts ,. 500 ft. $6.50 _t3250.00 Subsurface drainage Sanitary sewers Truck and forced lines Mains Laterals(house connected On-site sewage facilities On-site water supply and storage 2150 ft. $8.50 $18,275.00 Water mains—includes Bore Fire hydrants 2 $2000.00 $4000.00 Survey, street monuments&boxes Street lighting Street name signs 2 $50.00 $100.00 Fencing requirements _ Landscaping (a drought tolerant grass mix has been seeded in the open space) $2875.00 Park improvements Road culvert 1 $2000.00 $2000.00 Grass Lined Swale Telephone Gas Electric Water Transfer _ SUB-TOTAL $59573.00 Engineering and Supervision Costs NA (testing, inspecticn,as-built plans and work in addition to preliminary and final plat: supervision of actual construction by contractors) TOTAL,ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 59573.00 _ The above improvements shall be contructed in accordance with all County requirements and specification, and conformance with this provision shall be determined solely by Wed County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". (In corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: EXHIBIT "B" Name of Subdivision Eden's Reserve Filing: Location:Pt. NE/4 21-03-68,located south and adjacent to WCR 32&apnrox. Vs mile west of WCR 7 Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvements shown on the fina.subdivision plat of _ _Subdivision, dated _Recorded on in Book Page No. .Reception ,the folic wing schedule. All improvements shall be completed within two 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 June 2001 Street base June 2001 Street paving June 2001 Curbs,gutters and culverts Sidewalk Storm sewer facilities _ Retention ponds — — Ditch improvements June 2001 Subsurface drainage Sanitary sewers _ Truck and forced lines _ Mains Laterals(house co:anected) _ On-site sewage facilities On-site water supply and storage June 2001 Water mains—includes Bore Fire hydrants June 2001 Survey, street monuments&boxes Street lighting Street name signs June 2001 Fencing requirements Landscaping June 2001 Park improvements Telephone Gas ElectricWater Transfer Transfer �� • The County, at its option, and upon the request by the Applicant. may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. (In corporation,tc be signed by President and attested to by Secretary, together with corporate seal.) Date: DUST ABATEMENT AGREEMENT COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of__ 1999, by and between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Mark and Jackie Eberl (Eden's Reserve PUD), hereafter called "Eberl" and WHEREAS, Eberl has been granted a Weld County Planned Unit Development for eight residential/estate lots and one residential/agricultural lot on 108.9 acres, part of NE4, all in Sec:ion 21, Township 3 North of Range 68 West of the 6th PM. WHEREAS, the PUD generates an increase in vehicle traffic, and WHEREAS, the existing County roads that serve the PUD will require increased maintenance and improvement due to the increase in vehicle traffic, and WHEREAS, the County and Eberl have reviewed maintenance and improvements proposals put forth by Eberl, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said PUD. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the county and Eberl agree as follows: 1 . Term: The term of this agreement shall be from the date first written above ro and until WCR 32 is paved. 2. Location: The county road which serves said PUD is WCR 32 between the western most property line and the west end of the bridge over the Highland Ditch. 3. improvement and Maintenance to WCR 32: A. The County shall be responsible for general maintenance, Including grading and snow removal. 13. The County shall prep and grade WCR 32 prior to applicant Applying dust suppression chemicals. C. Eberl will apply dust suppression chemicals on WCR 32, as Needed, as determined by Department of Public Works, not To exceed a maximum of twice a year. 4. No Third Party Beneficiary Enforcement: It is expressly understood that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved :o the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions 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 be deemed an incidental beneficiary only. 5. Indemnification: To the extent authorized by law, Eberl agrees to Indemnify, save, defend, and hold harmless County from any and all Liability incurred as a result of acts, omissions, or failures to act by Eberl in the performance of the duties set forth in this Agreement on those Fortions of WCR 32 described in this Agreement. The term liability includes, but is not limited to, any and all claims, damages, and court awards, including costs, expenses, and attorneys' fees, incurred as a result cf any act or omission by Eberl and its employees. 6. Modifications and Breach: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or 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, waived, or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. 7. Non-Assignment: This Agreement shall not be assignable without prior written consent of County or Eberl, whichever is the non-assigning party. IN WITNESS WHEREOF, the par-ties hereto have duly executed the Agreement the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board BY: BY: Deputy County Clerk Dale K. Hall, Chair Mark and Jacki Eberl BY: TITLE: CONSERVATION EASEMENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is granted by ("Grantor") on this day of , , to BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, a body corporate and politic operating pursuant to the laws of the State of Colorado and the Weld County Home Rule Charter, doing business at 915 Tenth Street, City of Greeley, County of Weld, State of Colorado, ("Grantee"). WHEREAS, Grantor is the owner of the lands comprising the Property("Property") as more particularly described on Exhibit A, attached hereto and made a parr hereof, and WHEREAS, Grantor desires to preserve the Property as agricultural by encumbering the same with a conservation easement pursuant to the provisions of C.R.S., § 38-30.5-10I, et seq.; and WHEREAS, Grantor desires to preserve the land, water and air space of the Property in a natural, scenic and open condition, for agriculture, horticulture, recreation, forest and wildlife habitat; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, the Grantor hereby grants and conveys to the Grantee a conservation easement in gross, pursuant to Title 38, Article 30.5, of Colorado Revised Statutes, over, across and upon the Property, as described on Exhibit A hereto. The terms of this conservation easement are as follows: I. The Grantor shall not erect more than one single family residential structure or structures which are not accessory to an agricultural use. 2. The Grantor shall not divide the Property into two or more parcels, separate interests or interests in common for a period of ten years unless such division is exempted under C.R.S.. § 30-28-101(10) and the Weld County Subdivision Ordinance. 3. Agriculturally related buildings and structures are permitted if: (i) they are not used for residential purposes; (ii) they are constructed and used as accessory structures to a single principal use of agricul- ture; and (iii) they are determined to be in accordance with county land use regulations under presently existing zoning. However, it is the intention of this Easement not to limit Grantor(s)' discretion to employ their choices of farm and ranch uses and management practices so long as those uses and practices are consistent with the purpose of this Easement. 4. No hunting or fishing shall be allowed on the Property except strictly in accordance with Colorado game and fishing laws by licensed hunters and fishermen. No commercial kennels shall be allowed on the Property. 5. The Grantee shall have the right to enter upon the Property to inspect for violations of the terms and covenants of this casement and to remove or eliminate any conditions or operations which violate the same, by injunction, if necessary. No further right of access, entry or possession is conveyed hereby. Such entry shall be made in a manner that will not unreasonably interfere with Grantor(s)'use and quiet enjoyment of the Property. No right of entry is created for any member of the public or any third party to this easement. 6. This easement shill run for a period of ten years and shall remain an easement on the land until automatically terminated at the end of the Len year period. 7. The provisions hereof are binding upon and shall inure to the benefit of the parties hereto, their successors, assign, heirs and personal representatives, and all persons who may hereafter acquire an interest in the Property or any part thereof It is intended that the conservation easement herein granted and any other interest created under this Agreement vest immediately. 8. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantors for any injury to or change in the Property resulting from causes beyond Grantors' control, including, withou.limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantors under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 9. Grantors shall hold harmless, indemnify, and defend Grantee and its directors, officers, employees, agents, and contractors and the heirs,personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities,penalties, costs, losses, damages, expenses,causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except to the extent of the adjudicated proportionate tau.t of any of the Indemnified Parties. IO. No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities which may be permitted under this Easement. I I. No portion of this Easement shall be deemed to constitute a waiver of any immunities the parties or their cfficers or employees may possess, nor shall any portion of this Easement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Easement . 12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Easement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned panties and nothing in this Easement shall give or allow any claim or right of action whatsoever by any other person not included in this Easement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Easement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the said Grantor and Grantee have executed this Conservation Easement the day and year first above written. GRANTORS The forgoing instrument was acknowledged before me this day of 19_, by__ Witness my hand and official seal. My commission expires: ACCEPTANCE GRANTEE,the County of Weld, a political subdivision of the State of Colorado,by and through the Board of County Commissioners of the County of Weld,hereby accepts this CONSERVATION EASEMENT and agrees to abide by the terms set forth herein. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO , Chair Board of County Commissioners of the County of Weld 3 COVENANTS PRELIMINARY DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF EDEN'S RESERVE PUD THIS DECLARATION is made on the date hereinafter set forth by MARK A. EBERL, hereinafter called"Declarant". WITNESSETH: WHEREAS,Declarant is the owner of the real property described in Article II of this Declaration("Property")and desires to create thereon a residential community("PUD") with common areas and facilities("Common Properties")for the benefit of the said community; and WHEREAS. Declarant desires to provide for the preservation and maintenance of the Common Properties; and, to this end, desires to subject the Property to the covenants, restrictions, easements,charges and liens, hereinafter set forth, each and all of which is and are for the benefit of the Property and each owner thereof; and WHEREAS. Declarant has deemed it desirable, for efficient preservation of the values and amenities in the PUD, to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated under the laws of the State of Colorado, as a nonprofit corporation, the EDEN'S RESERVE HOMEOWNERS ASSOCIATION, for the purpose of exercising the functions aforesaid: NOW. THEREFORE, Declarant declares that the Property is, and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,charges and liens("Covenants"or"Declaration")hereinafter set forth. all of which shall be covenants running with the Property. ARTICLE I DEFINITIONS Section I. Definitions. The following words when used in this Declaration(unless the context shall prohibit)shall have the following meanings: (a) "Association" shall mean and refer to the EDEN'S RESERVE HOMEOWNERS ASSOCIATION, a non-profit Colorado corporation. and its successors and assigns. (b) "Board of Directors" shall mean the Board of Directors of the Association. (c) "Common Expenses" means and includes expenses for maintenance, repair,operation, management and administration of the Common Properties and facilities and the Association as more fully described in Article V. (d) "Common Properties" shall mean and refer to the parcel of land designated as Outlot A on the recorded plat("Plat")of EDEN'S RESERVE, Weld County, Colorado, and the right to use and obligations to maintain such areas which are intended to be devoted to the common use and enjoyment of the owners of the Lots. "Common Properties" shall include the wastewater treatment facility and all appurtenances thereto. (e) "Declarant" shall mean and refer to MARK A. EBERL and his successors and assigns if any such successors or assigns should acquire all unsold Lots from Declarant for the purpose of development. (f) "Living Unit" shall mean and refer to a building situated upon Lots 1-8 and all easements appurtenant thereto. (g) "Lot" shall mean designated building sites shown upon the recorded PUD map of the Property or any subsequent recorded replat of a portion of the Property. (h) "Member" shall mean and refer to all those Owners who arc members of the Association as provided in Article III, hereof, or the Declarant. (i) "Mortgage" shall include a deed of trust or other form of hypothecation. (j) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee,has acquired fee simple title to the Lot pursuant to foreclosure or a proceeding in lieu of foreclosure. (k) "Property" shall mean the same as described in Article II. (1) "PUD" shall mean EDEN'S RESERVE PUD situated in Weld County, Colorado. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. The Property The Property(the "Property")which is. and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Weld County, Colorado and is more particularly described as follows: Lots 1, 2. 3, 4 , 5, 6. 7, 8 (zoned estate) and 9 (zoned agricultural)and Open Space ,EDEN'S RESERVE PUD located in the County of Weld, State of Colorado, together with the right to use Graceway Street within the PUD. Section 2. No Expansion of Definitions or Removal of Lands from the Property. Declarant reserves no right to expand or remove the definition of the Property from that herein contained. Section 3.Mergers. Upon a merger or consolidation of the Association with another association,the properties, rights and obligations of the merged or consolidated association(s)shall be added to and become the properties. rights and obligations of the surviving association. The surviving or consolidated association shall administer the covenants established by this Declaration within the Property. No such merger or consolidation shall affect a revocation, change or addition to the covenants established by this Declaration with respect to the Property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Classes of Membership and Voting Rights. There shall be two classes of Association membership designated Class A and Class B,whic:a membership shall correspond to the type of owner for each Lot as hereinafter set forth. The rights of members of each class s pall differ only as to the voting rights set forth as follows: (a) CLASS A: Class A Members shall be all Owners, with the exception of the Declarant. Class A Members shall be all Owners of Lots 1. 2, 3, 4, 5,6, 7, 8, and 9. Class A Members who are Owners of Lots 1-8 shall be entitled to one(1)vote for each Lot in which they hold the interest. The Class A Member who is the Owner of Lot 9 (zoned agricultural)shall be entitled to five(8)votes for the Lot in which it holds the interest. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine,but in no event shall more than one(1)vote be cast with respect to any of Lots 1-8. and in no event shall more than five(8)votes be cast with respect to Lot 9. (b)CLASS B: The Class El member shall be the Declarant. It is the desire and intention of Declarant to retain voting control over the affairs of the Association until such time as all eight estate lots have been developed and sold. The Class B member shall, therefore,be entitled to five(5)votes for each Lot in which it holds an interest required for membership. The Class B membership shall cease and be converted to a Class A membership upon the arrival of the following date or the happening of the following events, whichever occurs earliest: (1) Upon the conveyance of the last Lot situated on the Property to a third party, Class A member; or (2) Upon written notice from Declarant relinquishing his or its Class B status;or 2 (3) July 1, 2002. All members shall be entitled to vote on all matters. as provided above or as otherwise provided in the Articles of Incorporation, the Bylaws or this Declaration. Section 2. Proxies. At all meetings of members votes may be cast in person or by proxy,but no proxy shall be valid after eleven months from the date of its execution unless otherwise provided in the proxy. All proxies shall be in writing and must be filed with the Secretary of the Association at or before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. Section 3. Desipnation of Votinn Representative-Proxy. If title to a Lot is held by more than one individual,by a firm, corporation, partnership, association, or other legal entity, or any combination thereof, a proxy must be executed and filed with the Association appointing and authorizing one person or alternate persons to attend all annual and special meetings of Association Members and thereat to cast the voting interest allocated to that Lot as provided in this Declaration. Such proxy shall be effective and remain in force until voluntarily revoked, amended, or sooner terminated by operation of law:. provided, however that the: Associaticn shall continue to recognize a proxy until it receives notice of such revocation, amendment or termination. Section 4. Quorum . Except as otherwise provided in this Declaration or by the Articles of Incorporation or the By-Laws, the presence in person or by proxy of Association Members possessing a sufficient voting interest to constitute fifty percent (50%) of the votes shall constitute a quorum, and such members present in person or by proxy shall constitute the Members entitled to vote upon any issue presented at a meeting at which a quorum is present. If a quorum exists, the action of a majority of the votes present shall be sufficient to make decisions binding on all Owners,unless a different number or method of voting is expressly required by statute or by this Declaration, the Articles of Incorporation or the By-Laws. Section 5. Cumulative Voting. Cumulative voting is prohibited. Section 6. No Voting Rights for Tenants. Tenants shall have no vote in Association affairs on account cf their status as tenants. Tenants shall have such right to appear at Association meetings and be heard as may be determined by the Association through its bylaws or other rules adopted by it. ARTICLE IV RIGHTS IN THE COMMON PROPERTIES Section I. Members' Easements of Enjoyment. Subject to the provisions of Section 3 of this Article IV, every Member shall have a right and easement of enjoyment in and to the Common Properties, and such easement shall be appurtenant to and shall pass with the title to every Lot. Members may assign their easement and right of enjoyment with respect to any Lot to a tenant occupying the Living Unit located thereon. However, no right or easement of enjoyment shall arise in the Common Properties until the same has been conveyed to the Association and the deed conveying the same has been recorded on the records of the Clerk and Recorder of Weld County. Section 2.Title to Common Properties. The Declarant covenants for himself, his successors and assigns that Outlot A of the Common Properties shall be conveyed to the Association free of all liens. The right of way for Street shall be dedicated to the public or to Weld County. Section 3. Extent of Members' Easements, The rights and easements of enjoyment created hereby shall be subject to: (a) All easements, reservations, restrictions,covenants and agreements of record affecting the PUD as of the date of the recording of this document; and (b) The right of the Declarant and the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage the Common Properties,or parts thereof, provided that any such mortgage shall require the same vote of the members of the Association as are required for the levying of special assessments under Article V, Section 9. In the event of a default upon any such mortgage,the lender's rights hereunder shall be limited to a right, after taking possession of such properties,to charge admissions and other fees as a 3 condition to continued enjoyment by the members until the mortgage debt is satisfied. whereupon the possession of such properties shall be returned to the Association, and all rights of the members hereunder shall be fulls restored: and (c) The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; and (d) The right of the Association to prescribe reasonable rules and regulations governing use of the Common Property: and (e) The right of the Association, as provided in its Articles and Bylaws,to suspend the enjoyment rights of any member or his family,tenant or tenant's family for any period during which any assessment on the member remains unpaid and for any period not to exceed thirty(30) days for any infraction of its published rules and regulations; and (0 The right of duly authorized representatives of the County of Weld and the State of Colorado to access the property for purposes of assuring compliance with the governing recorded PUD Agreement and making routine inspections as they may be authorized to make, including assuring themselves that any repairs that may be required by the Weld County Board of Count_ Commissioners to correct unsafe conditions are performed. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Covenant and Personal Obligation for Assessments. From and after the date of the first conveyance of a Lot to an Owner other than Declarant, all Owners, except Declarant, shall be obligated to pay the estimated common expense (hereinafter sometimes referred to as Common Expense Assessments or"Assessments") imposed by the Board of Directors of the Association to meet the Common Expenses and reserves. Declarant shall have no obligation to pay the estimated Common Expense Assessment imposed by the Board of Directors of the Association to meet the Common Expenses and reserves on Lots owned by Declarant, however, Declarant shall, in lieu of paying the Estimated Common Assessment. pay the Association a sum equal to the difference between the monthly cost of operating and maintaining the Common Properties, exclusive of reserves, and the amount of funds payable by the other Owners to the Association. This alternative obligation of Declarant to subsidize the operations of the Association shall terminate at such time as its Class B membership is converted to a Class A membership. Subsequent to such time,Declarant shall be obligated, as any other Owner, in reference to Lots then owned by Declarant,to pay the estimated Common Expense Assessments imposed by the Board of Directors to meet the Common Expenses and reserves. Section 2. Establishment of Annual Assessment. (a) The initial Annual Assessment provided for herein shall commence prior to occupancy of the first residence constructed on Lot 1, 2, 3, 4. 5. 6, 7, or 8 and shall become due and payable on the day fixed by the Board of Directors of the Association for such commencement(which shall be the first day of a month). (b) In the last quarter of the first year in which assessments shall be made and in the last quarter of every ensuing year, the Board of Directors shall prepare and adopt an annual budget for the Association,and based thereon shall fix the amount and due dates of the assessment against each Lot for the year next following(the "Regular Annual Assessment")and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner. (c) If the regular Annual Assessment is to be paid in a single payment, it shall be due and payable within thirty(30)days after written notice thereof is mailed to each Owner. If regular Annual Assessments are to be paid in monthly installments, such installments shall be due and payable on or before the 10th day of each month, without notice or billing. If regular Annual Assessments are to be paid in quarterly installments, such installments shall be due and payable on or before the 1st day of the second month of each quarter, without notice or billing. Written notice of the Annual Assessment shall be sent to every Owner promptly after the assessment is established. However,failure of the Association to give timely notice of any assessment shall not affect the liability of an Owner for such assessment. 4 Section 3. Rates of Assessment Rates of Assessment for Lots 1-9. In recognition of the fact that a more intense use of the Common Properties will be made by those Owners who have constructed improvements on their Lot (Living Units) and reside therein, and that unserviccd Lots will also have less intensive use than those that are benefited by roads, water, sewer lines. etc.. the Association may established and levy different assessment rates applicable to those Lots which have no services or those Lots which arc serviced but unimproved with Living Units from those Lots which are improved with Living Units. All Lois within each category shall, however,pay equal amounts regardless of the location or size of the Lot. Section 4. Proration of Common Expense Assessments. In the event the Ownership of a Lot,title to which is derived from Declarant, commences on a day other than the first day of the assessment period the Common Expense Assessments for that period will be prorated. Section 5. Common Expenses. Common expense assessments shall be based upon the expenses deemed to be such aggregate sum as the Board of Directors of the Association shall from time to time determine is necessary to provide for the payment of all estimated expenses relating to or connected with the administration, maintenance, ownership, repair, operation, addition, alteration and improvement of the Common Properties and personal property owned by the Association, and of the other repair and maintenance responsibilities of the Association. Said sum may include, but shall not be limited to, expenses of management; taxes and special assessments on Common Properties;premiums for insurance; landscaping and care of grounds; repairs and renovations; trash collection; snow removal; security; wages; expenses and liabilities incurred by the Association's Board of Directors on behalf of the Lot Owners under or by reason of this Declaration and the Articles of Incorporation and By-Laws of the Association; for the creation of reasonable contingency reserves, working capital and/or sinking funds; and any and ill other costs and expenses relating to the Common Properties or the Association. Said sum may include,but shall not be limited to,premiums for insurance; landscaping and care of grounds; septic tank pumping; trash collection; security; wages; expenses and liabilities incurred by the Association's Board of Directors on behalf of the Lot Owners under or by reason of this Declaration and the Articles of Incorporation and By-Laws of the Association; for the creation of reasonable contingency reserves,working capital and/or sinking funds. Section 6. Utility Charges_ Each owner shall be obligated to pay all charges for any separately metered utilities, such as electricity and gas,servicing his Lot. In the event that any utilities, such as water,electricity or sewer,are master metered then such utility service sha Il be part of the Common Expense Assessments. Section 7. Obligation to Pav Assessments. The omission or failure to fix the assessment or deliver or mail a statement for any period shall riot be deemed a waiver, modification or a release of the owners from their obligations to pay the same. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty(30) days after the due date,the Board of Directors may assess a "late charge" thereon to cover the extra costs and expenses involved in handling such delinquent assessments. The amount of such charge shall be determined from time to time by the Board of Directors. In addition to the late charge,the delinquent assessment shall bear interest from the date of delinquency at the, rate of eighteen percent(18%)per annum. Additionally,each owner who is delinquent in the payment of assessments shall be obligated to reimburse the Association,on demand, all costs,fees and expenses, including reasonable attorneys'fees, expended or incurred by the Association in its efforts to collect such delinquent assessment. Section S. Reserve hind. The Association shall be obligated to establish a reserve fund for the maintenance, repair and replacement of those Common Properties that must be replaced periodically and such reserve fund shall be funded through the payments of the Commcn Expense Assessments and not be extraordinary special assessments. All such reserve funds shall be held by the Association and accounted for separately. Section 9. Special Assessments. In addition to the assessments authorized above, the Association,through its Board of Directors, may at any time and from time to time, determine, levy and assess in any assessment year, which determination, levy and assessment may be made by the Association's Board of Directors with or without vote of the members of the Association, a special assessment for the purpose of defraying, in whole or in part, the unbudgeted costs or payments for any deficit remaining from a previous period, for fees and expenses of any construction.reconstruction repair,demolition. replacement or maintenance of the Common Properties or any facilities or improvements located thereon, specifically including any fixtures and personal property related thereto. In the event any special assessment will exceed Five Hundred 5 Dollars($500.00) per Lot for all Lots, applicable to that particular assessment year.then said assessment. if proposed by the Association's Board of Directors. shall be subject to a vote of the members of the Association holding at least 75%of the votes entitled to be cast. The limitadions set forth herein shall not apply to any emergency repair or maintenance. The amounts determined, levied and assessed pursuant hereto shall be due and payable as set forth in any notice of assessment promulgated by the Association's Board of Directors. The amounts determined, levied and assessed pursuant hereto shall be due and payable at the rates as set forth in Article V. Section 3. Section 10. Liability for Assessments. All Owners of a particular Lot shall be jointly and severally liable to the Association for the payment of all assessments attributable to such Lot, including the Common Expense Assessment and special assessments assessed against their particular Lot,and for all late charges, interest, costs,fees and expenses provided for herein. Section 11. Exempt Properly. All property dedicated to and accepted by a local public authority and all Conunon Properties in the PUD shall be exempt from the assessments created herein. Section 12. Lien for Assessments. (a)All sums assessed but unpaid for the share of Common Expenses, whether general or special, chargeable to any Lot, together with late charges and interest and costs, fees and expenses due hereunder shall constitute a lien on such Lot superior to all other liens and encumbrances, except only for: (1) Real estate taxes and special assessment liens an the Lot in favor of any public or quasi public assessing entity: and (2) All sums unpaid on a first Mortgage or first deed of trust of record, including advances and all unpaid obligatory sums as may be provided by such encumbrances;provided however, that notwithstanding the foregoing, the lien securing the unpaid assessment, penalties, interest and costs, fees and expenses shall have priority over the lien securing any such first mortgage or first deed of trust in an anount equal to the sum of regular Annual Assessments which would become due, in the absence of any acceleration, during the six months immediately preceding institution of an action to enforce the lien of the Association,but in no event shall the priority accorded the lien for assessments exceed one hundred fifty percent of the average monthly assessment during the immediately preceding fiscal year multiplied by six. To evidence such lien,the Board of Directors may prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,the amount of the accrued interest and late charges thereon,the name of the Owner and the Lot and a description of the Lot. Such a notice shall be signed by one of the Board of Directors or by one of the officers of the Association and may be recorded in the office of the Clerk and Recorder of the County of Weld, Colorado. The recording of any written notice of lien shall not constitute a condition precedent nor delay the attachment of the lien,but such lien is a perpetual lien upon the Lot and attaches without notice at the beginning of the first day of any period for which any assessment is levied or assessed. such lien may be enforced by the foreclosure of the defaulting Owner's Lot by the Association or in an action at law against the Owner personally obligated to pay the same or both. (b) An Owner shall be required to pay the costs, expenses and attorney's fees incurred by the Association in regard to any such default, including the costs of preparation and filing the lien, and, in the event of foreclosure proceeding, all additional costs, expenses and attorney's fees incurred. An Owner of the Lot being foreclosed shall be required to pay to the Association the Common Expense Assessment for the Lot payable during the period of foreclosure, and the Association shall be entitled to request a receiver to collect the same. The Association shall have the power and authority to bid for the Lot at a foreclosure or other legal sale and to acquire and hold, lease, mortgage,vote the votes appurtenant to, convey or otherwise deal with the same during such proceeding and its Ownership thereof. (c) Any mortgages holding a lien on a Lot may pay,but shall not be required to pay, any unpaid Common Expenses payable with respect to such Lot, and upon such payment, such mortgagee shall have a lien on such Lot for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to record a notice or claim of such lien. The Association shall report to the first mortgagee of a Lot, upon written request, any unpaid Common Expense Assessment remaining unpaid:For longer than thirty(30) days after the same is due or other default of any covenant, condition, obligation, or term of this Declaration not cured within thirty(30)days; provided, however,that such mortgagee shall have furnished to the Association notice of such encumbrance. 6 (d) Any recorded lien for nonpayment of the common Expenses may be released by recording a Release of Lien executed by an officer or managing agent of the Association. The cost of preparing, filing and recording any release shall be paid by the affected Lot owner to the Association in advance of obtaining the release. (e) Notwithstanding the temts and conditions of this Declaration in the event of any default on the part of any owner under any first mortgage.which ent:.tles the holder thereof to foreclose the same, any sale under such foreclosure. including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of this Declaration relating to the liability of a grantee for the unpaid Common Expense Assessments of his grantor. Further, no first mortgagee shall be liable for any unpaid Common Expense Assessments accruing prior to the time such mortgagee becomes the owner of any Lot pursuant to the remedies in its mortgage. (1) Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinafter described shall be superior to the Homestead Exemption provided by S38-41-201, C.R.S.. 1973 and other similar state and federal laws and each owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within this Project shall signify such grantee's waiver of the exemption right granted by the Colorado statues and similar federal laws. ARTICLE VI OBLIGATION TO MAINTAIN COMMON PROPERTIES Section 1. Association Duties. The Association agrees to accept the Common Properties as conveyed, and to operate, maintain and repair; all wastewater treatment facilities and structures, landscaping, paths, other structures and facilities and related facilities and amenities now or hereafter constructed, installed or planted thereon, using its power or assessment granted herein to raise funds with which to do so. Specifically, but without limiting the generality of the foregoing, the Association shall be responsible for: (a) The operation, maintenance, repair and replacement of any, landscaping, structures, signs, sprinklers, drainage or storm sewer facilities and inlet and outlet structures therefor, and related facilities now or hereafter constructed, installed or planted upon Common Properties owned by the Association; (b) The maintenance, weeding and cleaning of the Common Properties, unless and until the same may be dedicated as public right of way and the maintenance, weeding and cleaning thereof assumed by a public body; (c) The maintenance, repair, cleaning and upkeep of all drainage ways located within Common Properties or within drainage easements over Lots as shown on the plat or any subsequent replat of the PUD,except to the extent of the Owner's obligations with respect thereto, all of which shall be at all times kept and maintained free of obstructions,paper, trash, debris and pollutants so as not to alter the flow characteristics of the drainage or otherwise adversely affect the proper functioning of these facilities; (d) The operation, repair, maintenance and utility costs of irrigation systems within the Common Properties and street lighting within the PUD. Section 2. Owner's Obligations. To the extent surface storm drainage facilities exist on any Lot, the Owner of said Lot shall, at his expense,be responsible for the surface landscaping thereof and for keeping the same clear of obstructions, paper, trash,debris and pollutants so as to not pollute the water in the facilities and so as not to alter the flow.characteristics of the drainage or otherwise adversely affect the proper functioning of said facilities. ARTICLE VII INSURANCE Section 1. Insurance Requirements Generally. The Association shall obtain and maintain in full force and effect such casualty, liability and other insurance as the Board of Directors from time to time deems proper and appropriate or as may be required by contracts or agreements entered into by the Association with third parties. All such insurance shall be obtained from companies duly authorized and licensed to do insurance business in the State of Colorado. 7 Section 2. Premium Cost ar d Expense of Insurance. The cost and expense of all insurance obtained by the Association shall be a Common Expense and paid for out of Association funds collected by assessments or otherwise as elsewhere provided in this Declaration. ARTICLE VIII CONDEMNATION AND DESTRUCTION Section 1. Condemnation_ in the event proceedings are initiated by any government, or agency thereof, seeking to take by eminent domain the commor.Properties, any part or interest thereof or any improvement therein or thereon,with a value (including loss of value to the balance of the Common Properties and improvements thereon) as reasonably determined by the Association, in excess of$10,000, the Association shall give prompt notice thereof, including a description of the part of or interest in the Common Properties or improvement thereon sought to be so condemned,to all first mortgagees and to all Members. The Association shall have Ml power and authority to defend in said proceeding,provided that the Association shall not enter into any settlement or other non-adversary disposition of said proceedings pursuant to which the Common Properties or any part or any interest thereof, or any improvement or interest therein. is relinquished without giving all first mortgagees and all Members at least fifteen(15)days'prior written notice thereof In the event,following such proceedings, there is such a taking in condemnation or by eminent domain of a part or all of the Common Properties,the award made for such taking shall be payable to the Association. If seventy-five percent(75%) or more of the Members duly and promptly approve the repair and restoration of the Common Properties, the Association shall arrange for the same and shall disburse the proceeds of such award to the contractors engaged in such repair and restoration in appropriate progress payn.ents. In the event seventy-five percent(75%)or more of the Members do not duly and promptly approve the repair and restoration of such Common Properties, the Association shall disburse the net proceeds of such award to the Members, the Owner cf each Lot receiving one equal share, provided that the Association shall first pay out of the share of each Member the amount of any unpaid liens or encumbrances on his Lot in the order of priority of such liens or encumbrances. No Provision of this Declaration or of any other document relating to the PUD shall be deemed to give a member or any other party priority over the rights of a first mortgagee pursuant to the mortgage on such Member's Lot in the case of a distribution to a Member of insurance proceeds or condemnation award for losses to or a taking of Lots or Common Properties, or both. Section 2. Destruction. In the event of any casualty or occurrence which causes damage or destruction to the Common Properties or any part thereof or any improvement thereon in excess of$10,000 as reasonably determined by the Association, the Association shall give all first mortgagees and all Members, or their assigns, prompt written notice thereof. The Association shall have full power and authority to adjust any such loss with the insurance carrier and to bring suit or negotiate for reimbursement of such loss,provided that no non-adversary adjustment or settlement of any such loss shall be made by the Association without giving all first mortgagees and all Members at least fifteen(15)days'prior written notice thereof In the event of damage or destruction to improvements due to fire or other disaster,the insurance proceeds,if sufficient to reconstruct the improvements, shall be applied by the Association to such reconstruction, and the improvements shall be promptly repaired and reconstructed. The Association shall have fully authority, right and power to cause the repair and restoration of the improvements. If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Association using the proceeds of insurance on the improvements which have been damaged or destroyed and the proceeds of an assessment against the Members, each Members being assessed his share of the difference between the insurance proceeds and the cost of repairing the improvements. Any such assessments shall be made by the Board of Directors after consultation with such Members,appraisers, contractors and other persons as it deems appropriate. Any assessments so made shall be due and payable as provided by the Board of Directors'resolution. The Association shall have full authority, right and power to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose, notwithstanding the failure of a Member to pay the assessment. Any assessment not paid shall be collected as provided in Article V. Section 3. Appointment of,tttoriwy-in-Fact. All of the members irrevocably constitute and appoint the Association their true and lawful attorney in their name. place and stead for the purpose of repairing and reconstructing improvements should they be damaged or destroyed as set forth above. Repair and reconstruction of the improvements, as used in this Article, R means restoring the improvements to substantially the same condition in which they existed prior to the damage, with each improvement having the same boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose or repair, restoration or replacements as is provided herein. As attorney-in-fact, the Association shall have full and complete authorization, right and power to make, execute and deliver any contract.deal or any other instrument with respect to the interest of any Member which may be necessary and appropriate to exercise the powers herein granted. ARTICLE IX - MANAGEMENT SERVICES Section 1. Management Contracts. Any agreement for professional management of the affairs and property of the Association made by the Association with any person or entity,or any other contract entered into by the Association providing for other services, shall provide for termination by either party to such agreement or contract without cause or payment of a termination fee on ninety(90)days or less written notice. Any such contract or agreement shall be in effect for a term not to exceed one (I) year. Section 2. Complaints. Complaints shall be made to the President of the Association, or his delegate, or to the Board of Directors of the Association. All complaints made to the Association shall be disposed of pursuant to policies established by the Board of Directors of the Association. ARTICLE X EASEMENTS Section 1. Public Utilities II asements. Easements for public utilities and storm drainage over and across the Lots and Common Properties shall be those shown upon the recorded PUD plat, and such other easements as may be established pursuant to the provisions of this Declaration or as may hereinafter be granted over and across the Common Properties by the Board of Directors. Section 2. Declarant'sEasements. Anything to the contrary herein notwithstanding, the Declarant hereby reserves an easement and right-of-way over all Common Properties,for the propose of constructing improvements, utilities and other matters, including the right to erect temporary buildings to store any and all materials. Declarant further reserves the right to use, any completed structure or Lot for the purpose of a sales office, model home or sign. This easement shall cease when Declarant has conveyed the last Lot in the Property to a third party. Section 3. Common Property Easements. Anything to the contrary herein notwithstanding, the Association hereby reserves an easement and right-of-way over all Common Properties, including the wastewater treatment facility, for the purpose of constructing improvements, utilities. and other matters, including; the right to operate, maintain, repair. erect temporary buildings, and to store any and all materials and equipment as may be necessary for the Common Properties. ARTICLE XI ARCHITECTURAL CONTROL Section 1. The Committee. There is hereby established an Architectural Control Committee(hereinafter referred to as the "Committee")which shall be responsible for the establishment and administration of design guidelines, if any, (hereinafter referred to as "Design Guidelines")to carry out the purposes and intent of this Declaration. The initial Architectural Control Committee shall be comprised of two representatives appointed by the Declarant, who are the Declarant and Jackie Eberl. The Declarant may continue to appoint the Committee from time to time; however the Declarant may relinquish its powers to determine the number and members of the committee at any time. Such relinquishment may be accomplished by recording a Declaration of such relinquishment in the office of the County Clerk and Recorder of said County of Weld. From and after such relinquishment or after the Declarant no longer owns any of Lots 1-9 the members of the Committee shall be an Owner of each of Lots 1-9 or a representative appointed by the Owner of each Lot such that there shall always be serving at least nine members of the Committee. At the time the Committee is comprised of Owners or their representatives, there shall be one vote per Lot. 9 Section 2. Purpose of the Committee. The Committee shall review, study and either approve or reject plans and specifications for proposed construction. reconstruction, remodeling. additions and alterations of structures. landscaping and improvements(hereinafter collectively referred to as "Improvements")proposed on the Lots 1-8. all in compliance with this Declaration and as further set forth in the rules and regulations of the Committee and the Design Guidelines as may be adopted and established from time to time by the Committee. (a)The Committee shall have discretion to approve or disapprove any Improvement with the exception of uses-by-right in the agricultural zone district on Lot 9. The Committee shall exercise such discretion with the following objectives in mind, among others: (i) to carry out the general purposes expressed in this Declaration;(ii)to prevent violation of any specific provision of this Declaration; (iii)to minimize obstruction or diminution of the view of others; (iv)to preserve visual continuity and to prevent any marked or unnecessary transition between improved and unimproved areas; (v)to assure that any change will be of good and attractive design and in harmony with development on other portions of the Lots 1-8; and(vi) to assure that materials and workmanship for all Improvements are of high quality comparable to other Improvements in the area. (b)No Improvement on the Lots 1-8 shall be erected, placed or altered, nor shall any construction be commenced thereon until plans for such Improvement shall have been approved by the Committee,provided, however,that Improvements and alterations which are completely within a Living Unit may be undertaken without such approval. (c)The Committee may,by its signed written instrument, waive,release or vary any provision of the Declarations as they pertain to any part of Lots 1-8, which waiver.release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Committee shall incur any liability whatsoever to any owner or other party aggrieved or injured on account of the grant of such release, waiver or variance. In return for such waiver, release or variance, the Committee may impose on the Lot involved such additional or altered covenants as the Committee deems proper and appropriate in the circumstances. Each owner agrees by accepting title or any interest in any Lot that Declarant, his employees or agents and each member of the Committee shall be immune from suit or liability in accordance with the foregoing. Any variance, waiver or release of these conditions and restrictions granted by the Committee pursuant to Section 2(c) hereof, or any acquiescence or failure to enforce any violation of the conditions and restrictions herein. shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. (d)The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it,or'with respect to any other matter before it, shall be conclusive and binding on all interested parties. Section 3. O anization ant Operation of Committee. (a)Term. The term of the office of each member of the Committee shall commence when appointed, and shall continue until a successor shall be appointed. should a Committee member die, retire,become incapacitated,or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 1. (b) Chairman_. So long as the Declarant appoints the Committee, the Declarant shall appoint the chairman. At such time as the Committee is comprised of the Owners,the chairman shall be elected annually from among the members of the Committee by a majority vote of said members. (c) Operations. The chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the Committee prior to any meeting. Such notice shall set forth the time and place of said meeting,which notice may be waived by any member. In the absence of a chairman,the parties appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, a temporary successor. (d)Voting. The affirmative'vote of a majority of the members of the Committee shall govern its actions and be the act of the Committee, with each owner or representative of each owner having one vote. A quorum shall consist of a majority of the members. (e)Expert Consultation. The Committee may avail itself of technical and professional advice and consultants as it deems appropriate, and may charge an applicant for said costs in addition to the standard application fees. 10 (f) Expenses. Except as othc rwise provided. all expenses of the Committee shall be paid by the Owners. The committee shall have the right to charge a fee for each application submitted to it for review, in an amount which may be established by the Committee from time to time. Such fees shall be used to help defray the expenses of the Committee's operation and enforce the restrictions set forth here..n. Section 4. Design Guidelines and Rules. The Committee may adopt, establish and publish, from time to time, Design Guidelines. Said Design Guidelines shall not be inconsistent with this Declaration but shall more specifically define and describe the design standard:.for the PUD and the various uses within it. The Design Guidelines may also set forth rules and regulations including specific rules regarding construction methods. The Design Guidelines may be modified or amended from time to time by a majority of those Committee members voting either in person or by proxy at any meeting called for the purpose of said modification or amendment. All prospective owners and builders of Lots 1-8 are advised to contact the Committee to obtain the most current copy of the Design Guidelines. Section 5. Procedures. The Committee shall make such rules and regulations as it may deem appropriate to govern its proceedings. Except to the e.tent modified or amplified in the Design Guidelines or rules and regulations. the following general procedures shall apply: (a)Pre-Demon Conference. Project developers. Owners, architects and others desiring to construct any Improvements on the Lots 1-8are encouraged to meet with the Committee in a pre-design meeting, while plans are tentative and preliminary, in order to assure full understar ding of the requirements of this Declaration and the Design Guidelines. (b) Schematic Plan. A schematic plan satisfying the Committee's requirements shall be submitted to the Committee in order to obtain approval of the initial design following the pre-design conference,and shall be reviewed by the Committee within fourteen(14) days after submission. The Committee may approve, reject, or approve with conditions the schematic plan, and such approval and compliance with any conditions imposed shall be a precondition to the preliminary submittal. (c) Preliminary Submittal. Initialplans, specifications and schedules,in such form and containing such information as may be required by the Committee, shall be submitted in writing to the Committee at the time of the preliminary architectural design of Improvements. The number of copies, the content thereof, and a reasonable filing fee shall be set forth in,the Design Guidelines. The preliminary designs should include a preliminary construction schedule with an estimated date of complet:on for each phase of construction. The Committee reserves the right to require reasonable additional information from .ime to time to assist in its decisions. The preliminary submittal shall be approved, rejected, or approved with conditions within twenty-one (21)days after receipt by the Committee of the necessary submittal and all information requested. Upon final approval or disapproval of the preliminary submittal by the Committee, written notice of said approval or disapproval will be given by the Committee according to its procedures. Should the Committee disapprove any preliminary submittal_ it shall state the reasons for such disapproval with sufficient detail as to enable the submitter to understand the reasons for disapproval and what must be done in order to obtain approval. Preliminary submittals which have been disapproved may be resabntitted with necessary modifications or revisions in accordance with the notice of disapproval. (d)Final Submittal. Final plans, specifications, and working drawings, in such form and containing such information as may be required by the Committee, shall be submitted in writing to the Committee for its approval after approval of the preliminary submittal. The Committee shall respond with its approval,approval with conditions, or disapproval within twenty-one (21)days after receipt of all information and fees required for the final submittal. If no response is given within said twenty-one(21)day per od, the party making the submittal shall notify the Committee,in writing,that no response has been received and if the committee then fails to respond within fifteen(15) days of receipt of the non-response notice (provided all necessary information and fees have been submitted)the plans, specifications and drawings will be deemed to comply with the submittal requirements hereunder. (e) Fast-Track Submittal. Any project developer,owner, architect,or other person desiring to construct any Improvements on the Lots 1-Sand required :o submit plans pursuant hereto may, at his option,be able to waive any of the steps set forth in paragraphs(a), (b)and(c)of this Section 3 and proceed directly to final submittal in which case the time frames set forth in paragraph(d) shall apply. The submitter shall, howeyer, not be relieved of any requirements set forth herein as to the content of his final submittal. Further, any person submitting a plan who has not first complied with the pre-design, schematic and preliminary submittal process shall proceed to final submittal at his own risk and should be cognizant of this fact. 11 (f) Building_Permiit, Compliance with this design review process is not a substitute for compliance with Weld County building. zoning and PUD regulations and each owner is responsible for obtaining all approvals. licenses and permits as may be required thereunder prior to construction commencement. In like manner, mere compliance with the Weld County building codes may not conform to the requirements hereunder. Section 6. Hold Harmless. Neither Declarant nor any architect or agent of Declarant nor any member of the Committee by virtue of his membership the.ton or discharge of his duties required thereby shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. Section 7. Construction and Alteration of Improvements. The right of an owner, developer, or other entity to construct, reconstruct, refinish, alter or maintain any Improvement upon, under or above any of the Lots 1-8 or to make or create any excavation or fill thereon,or to make any change in the natural or existing surface contour or drainage thereof, or install any utility line or conduit thereon or thereaver, shall be subject to the Design Guidelines and to the general restrictions set forth herein. No development,landscaping or permanent structures may be placed within the septic envelopes, as designated on the plat. Maximum lot coverage shall be 20% of the lot's square footage. Any construction or reconstruction, or the refinishing or alteration of any part of the exterior of any Living Unit or other Improvement on the Lots 1-8 including fences and walls is absolutely prohibited until and unless the Owner or developer first obtains approval thereof from the Architectural control Committee and otherwise complies with the provisions hereof. All Improvements shall be constructed only in accordance with approved plans. Lot 9 is exempt from Architectural Control Committee review for any use-by-right in the agricultural zone district. Section 8. Inspection of WorWProject Completion Review . (a) Inspection of completed work and correction of defects therein shall proceed as follows: (1)Upon the completion of any Improvement for which approved plans or specifications are required under this Declaration, the owner shall give written notice of completion to the Committee. (2) Within such reasonable time as the Committee may set in its rules but not to exceed fifteen(15)days thereafter, the Committee or its duly authorized representative shall inspect such Improvement and notify the owner, in writing, whether the work is approved. 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 sane. (3) If upon the expiration of thirty (30)days from the date of notification of noncompliance the Owner shall have failed to remedy such noncompliance, the Committee shall,upon notice and hearing, determine whether there is a noncompliance and, if the conclusion of the Committee is that noncompliance exists, the owner shall remedy or remove the same within a period of not more than forty-five(4.5)days from the date of announcement of the Committee ruling. If the Owner does not comply with the Committee ruling within such period, the Committee, at its option, may either remove the noncomplying Improvement or remedy the noncompliance, and the Owner shall reimburse the Committee for all expenses incurred in connection therewith. If sucl expenses are not promptly repaid by the owner to the Committee, the Committee 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. (b)If for any reason after receipt of said written notice of completion from the owner,the Committee fails to notify the owner of its approval or disapproval and the reasons therefore, within the period provided above in paragraph(a)(2)of this Section 6,the Owner shall again notify the Committee, in writing, of the completion and if the Committee does not then give written notification of approval or disapproval within fifteen(15)days after receipt of the second notification, the Improvement shall be deemed to be in compliance with the approved plans and specifications. Section 9. Enforcement of Covenants/Violations Deemed.a_Nuisance. Every violation hereof or of any of the Guidelines adopted by the Architectural Control Committee is deemed to be a nuisance and is subject to all the remedies provided for the 12 abatement thereof. In addition. all public and private remedies allowed at law or equity against amone in violation of these Covenants shall be available. (a) Compliance. Each owner, or other occupant of any part of the Lots 1-8 shall comply with the provisions of these Covenants and the Guidelines as the same may be amended from time to time. (b) Failure to Comply. Failure to comply herewith shall be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing shall be given to the Owner prior to commencing any legal proceedings. (c)Who May Enforce. Any action to enforce the Covenants and the Architectural Control Committee Design Guidelines may be brought by the Declarant or the Committee on behalf of the owners. If, after written request from an aggrieved Owner and a reasonable time to act upon said request, none of the foregoing persons or entities commence an action to enforce the Covenants and the Architectural Control committee Design Guidelines then the aggrieved Owner may bring such an action. (d) Rem_,edies_ In addition to any other remedies set forth herein violation of these Covenants and the Architectural Control Committee Design Guidelines shall give to the Committee or the Declarant, on behalf of the Owners, the right to enter upon the offending premises or take appropriate peaceful action to abate, remove, complete, modify or replace. at the expense of the offending Owner, any structu re, landscape,drainage or other things or conditions that may exist thereon contrary to the interest and meaning of these Covenants and the Design Guidelines. The cure shall be at the expense of the Owner or other person responsible for the offending condition. The cost of all such work shall be assessed against the Owner and may be enforced in any manner provided by law or this Declaration for collection of Assessments. (e) Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. (f)No Waiver, The failure of the Declarant, the Architectural Control Committee or any aggrieved Owner to enforce these Covenants and the Architectural Control Committee Design Guidelines shall not be deemed a waiver oft he right to do so for any subsequent violations or of the right to enforce any other part of these Covenants and the Architectural Control Committee Guidelines at any future time. Further, no variances or adjustments of these conditions shall be deemed to be a waiver in any other instance. (g) No Liability. No member of the Board, the Declarant,the Architectural Control Committee nor any owner shall be liable to any other Owner for the failure to enforce any of these Covenants and the Architectural Control Committee Guidelines at any time. (h) Recovery of Costs. If legal assistance is obtained to enforce any of the provisions hereof, or in any legal proceeding (whether or not suit is brought)for damages or for the enforcement of or to restrain the violation of these Covenants and the Architectural Control Committee Guidelines, the prevailing party shall be entitled to recover all costs incurred by it in such action, including reasonable attorneys'fees as may be incurred,or if suit is brought, as may be determined by the Court. ARTICLE XII USE RESTRICTI.ONS_FOR LOTS 1-8 Section 1. Restrictions Which Apply to Lots 1-8. The following building restrictions and aesthetic standards are imposed uniformly on the Lots 1-8, and the use thereof as a common scheme for the benefit of each Lot and may be enforced by the Association,by the Architectural Control Committee or by any Lot Owner. (a) Building Type/Use. Each and every one of the Lots shall be used for private residential purposes only, except that Declarant may, for so long a:;Declarant owns a Lot, conduct real estate sales of Lots from the Property. Only one single family residence structure shall be permitted to be constructed and maintained on Lots 1-8. Garages or carports must be part of the principal structure or attached to the principal structure by arbor or breezeway and must conform to the architecture of the principal structure. No oilier structure, including but not limited to, swimming pools, gazebos, detached patios, pet facilities, dog runs, and storage sheds, shall be permitted on any Lot without the express written approval of the Architectural control Committee. Further, any building placed, erected or maintained upon any Lot in the PUD shall be entirely constructed thereon and the same shall not, nor shall any part thereof,be moved or placed thereon from elsewhere without specific approval of the Committee. 13 (b) Building Size and Style. Every principal residence constructed on Lots 1-8 shall have not less than 2.500square feet of finished floor area devoted to living purposes(exclusive of roofed or unroofed porches, terraces, basements and garages) and shall have a garage of sufficient size to house not less than two cars. If a residence of more than one story is constructed then the main floor shall not have less than 2,000square feet of floor area devoted to living space.. Additional specific requirements for all dwellings constructed on any of Lots 1-8 are further defined and described in the Design Guidelines promulgated by the Architectural Committee. (c)Building Location/Setbacks. The location of any building on Lots 1-8 shall be subject to the approval of the Architectural Control Committee. (d) Landscaping. No landscaping or any subsequent material change, alteration or modification of landscaping from that shown on any initially approved landscape plan, shall occur unless a landscape plan showing such landscaping or change, alteration or modification is submitted and approved in accordance with the procedures prescribed in Section 5 of Article XII. Approval or disapproval of such landscaping plans shall be in the same manner as set forth in said section. A material change, alteration or modification of landscaping will not include the replacement of any materials in accordance with the originally approved plan or the planting of any materials which will not have a mature height in excess of six feet. After a Living Unit has been constructed on any Lot,the remaining unpaved portion of the Lot shall promptly be placed in grass or other vegetation or covered with decorative materials and maintained in that condition so as to prevent the blowing of dust and dirt from the exposed soil. All landscaping as approved shall be maintained with adequate watering to assure good color and appearance. All landscaping shown on an approved landscaping plan shall be completed and installed within 6 months (weather permitting)after substantial completion of the residential improvements on the Lot, or in the event of a subsequent change, alteration or modification of landscaping from that shown on an initially approved landscape plan within 6 months after approval of such change, alteration or modification. (d)Signs, No sign of any kind other than a name plate of the occupant and a street number shall be displayed to the public view without the approval or the Architectural Committee;provided, however, that one sign not more than six(6) square feet in a form and of materials prescribed by the Architectural Committee may be displayed on or from a residence advertising the Lot or a residence for sale or lease. No flashing or moving signs shall be permitted on the Property. (e) Trees. No tree or trees,whether now growing or hereafter grown upon any part of the Property shall be cut down or removed without prior written approval of the Architectural Control Committee; provided however,that this restriction shall not apply unless such tree is more than two (2) inches in diameter as measured one(1) feet above grade,and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees within the Property. (1) Temporar _structures. No temporary house trailer, tent, garage or outbuilding shall be placed or erected upon any part of the Property and no residence placed or erected on any Lot shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans nor shall any residence when completed be in any manner occupied until there is compliance with all requirements,conditions,covenants and restrictions herein set forth;provided, however, that during the actual construction or alteration of a Living Unit on any Lot, reasonable and necessary temporary buildings for storage of materials may be erected and maintained by the person doing such work provided that their type and placement are approved by the Architectural Control Committee. Such temporary storage buildings shall be removed upon completion of the construction, alteration or remodeling. The work of constructing, altering and remodeling any Improvement on the Property shall be prosecuted diligently from its commencement and completed in accordance with the work schedules submitted to the Architectural Control Committee in no event later than one year from commencement. (g) Trash and Debris. All trash, garbage or other refuse shall be kept in a fully enclosed area. Each Owner must provide for regular removal of garbage, and each Lot at all times shall be kept in a clean, sightless, and wholesome condition and weeds shall be kept mowed. No trash, litter,junk,boxes,containers,bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot,road or street, except as reasonably necessary during the period of construction. In the event any structure is destroyed either wholly or partially by fire or other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration and all debris and remaining portions of the structure including the foundations shall be promptly removed from the Property. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 14 (h)Motor homes. Boats,Trailers,Campers, Etc. No vehicles, motorcycles. motorbikes. mopeds. motor homes, boats. trailers or campers shall be stored or parked on any street. No vehicles, motorcycles. motorbikes. mopeds, motor homes, boats,trailers or campers shall be stored or parked on any Lot unless enclosed within a garage. Vehicles, motorcycles, motorbikes, mopeds, motor homes, boats, trailers or campers may be allowed to be parked on paved off-street parking spaces (which may be a driveway on the Lot) if approved, in writing,by the Architectural Control Committee. No inoperative or wrecked cars,tractors, equipment, etc., shall be kept or stored on any Lot unless approved, in writing,by the Architectural Control Committee. No vehicle, motorcycle, motorbike or similar equipment shall be parked on any Lot or street adjacent thereto while it is undergoing repairs which immobilize the vehicle for a period of more than two consecutive days, unless the vehicle(or other item undergoing repairs)is within an enclosed garage during the entire period of such repairs. (i)_Underground Utilities-Antennas. All electric., television, radio and telephone line installations and connections from the Owner's property line to the residence shall be placed underground. All antennas must be specifically approved by the Architectural Control Committee unless contained within the structure and not exposed to public view. No aerial masts shall be allowed. Elevated tanks of any kind shall not be erected, placed or permitted upon any part of said property without prior written consent of the Architectural Committee,except that such tanks may be placed on any Lot for use in connection with construction of a building thereon. All types of refrigerating,cooling or heating apparatus must be concealed in a manner which has the prior written approval of the Architectural Committee. No overhead utility lines shall be installed or maintained on any portion of the Lots covered by these restrictions except that during the construction of a residence the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of construction. (j)Animals. The following animals will be allowed initially, however,this list may be expanded, reduced or modified by the Architectural Committee at any time,with changes to be effective after reasonable notice to owners: two dogs and/or two cats per Lot are allowed;Horses are allowed,provided that there shall be no more that 1 "animal units" per Lot(for the purposes of these Covenants, one animal unit shall be one horse,one cow/steer or two sheep). No other animals, with the exception of pets kept strictly indoors, shall be allowed without the express written approval of the Architectural Committee with the exception of Lot 9 which has the ability to have the animals by-right in the agricultural zone district.as listed in the Weld County Zoning Ordinance. No boarding of animals for commercial or other business purposes shall be allowed. (k) Nuisances. No noxious or offensive activity shall be carried on upon Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. specifically,but not by way of limitation, no owner of any Lot subject to the provisions of these covenants shall permit weeds to grow and remain uncut so that the same appear unsightly to the surrounding area; nor shall there by permitted the storage of lumber, bricks or other building material for a period of time longer than reasonably required for the completion of a residential structure thereon; nor shall any noise or sounds be allowed to emanate from any Lot to constitute an annoyance or nuisance to the neighborhood.nor shall exterior lights or reflective surfaces be installed to create glare or unusual lighting on or of adjoining Lots. All corrals, paddocks and pasture areas of any livestock area shall be kept clean and free of noxious weeds, built-up manure. feed flies. or other odor-producing or health hazardous byproduct. (1) Fences. The construction,placement or planting of all fences,walls and hedges shall require the prior approval of the Architectural Control Committee and shall be in accordance with Design Guidelines. (m) Home Occupations. Home Occupations, consisting of a vocational activity conducted inside a dwelling unit by the residents who reside therein,are permitted provided that: (i)any such activity is not in violation of any local government laws having jurisdiction over the Property,(ii) no accessory structure shall be used primarily for the home occupation, (iii) it does not result in noise or vibration, light, odor, dust, smoke, or other air pollution beyond the residence or accessory structure, which is noticeable from any point within the Property, (iv)it does not result in pollution of any kind being discharged from the residence or any accessory structure, (v)no signage of any nature shall be installed identifying or advertising the home occupation, and(vi)no more than two vehicles for customers, clients or patrons are allowed at the site at one time,and adequate off-street parking screened front view from the street and other Lots be provided to accommodate the two vehicles. (n) Child Care. No businesses shall be permitted without the prior written consent of the Architectural Committee. 15 ARTICLE XIII GENERAL PROVISIONS Section 1. Severabili y. In the event that any one or more of the provisions, conditions, restrictions, and covenants herein set forth shall be held by any Court of competent jurisdiction to be null and void,all remaining provisions, conditions, restrictions and covenants herein set forth shall continue unimpaired and in full force and effect. Section 2. Effect. Each grantee of a Lot or property included within this Declaration,by acceptance of a deed conveying any of the Lots or properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained and by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant, agree and consent to and with the grantees and subsequent Owners of each of said other Lots, to keep, observe,comply with and perform said restrictions, covenants, conditions and agreements and each thereof Said restrictions. covenants and agreements are intended and proposed for the direct and mutual and reciprocal benefit of each and all of said Lots and subsequent Owners thereof, and to create mutual and equitable servitude's upon each of said Lots in favor of each other Lot, and reciprocal rights and obligations and privity of contract and estate between the grantees of said Lots, their respective heirs, successors and assigns. Section 3. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of such mailing. Section 4. Enforcement. Enforcement of these covenants and restrictions shall be by a proceeding at law or in equity brought by Declarant, the Association, the Architectural Control Committee or an Owner against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Declarant,the Association, the Committee or any member to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 5. Titles and S ection Headings. Titles of articles and section headings shall be disregarded in the interpretation of this document and shall have no binding effect. Section 6. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. ARTICLE XIV DURATION AND AMENDMENT Section 1. Duration. This Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the Declarant,the Association, or any Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty(20)years from the date this Declaration is recorded,after which time this Declaration shall be automatically extended for successive periods of ten (10)years unless terminated or revoked as hereinafter provided. Section 2.Amendment. This Declaration may be amended at any time by the holder of the Class B membership, for so long as the Class B membership exists. Following cessation of the Class B membership, this Declaration can be amended by a vote of two-thirds(2/3)of the votes of the Class A members of the Association,present, in person or by proxy, and constituting a quorum at any regular or special meeting. A statement of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment shall be voted on. Amendments may be proposed by the Board of Directors, the Declarant or by a petition signed by at least fifty-one percent(51%)of the Class A members. Section 3. Limitations on Amendment. Notwithstanding anything contained in this Article or any other provision of this Declaration to the contrary,unless all Owners and all first mortgagees of Lots(based upon one vote for each first mortgage owned or held) have given their prior written approval,this Declaration shall not be amended to: 16 (m) terminate or revoke this Declaration; (b) abandon, partition. subdivide, encumber, sell or transfer the Common Properties, provided however. that granting casements for public utilities or for other public purposes consistent with the intended use of the Common Properties shall not be deemed a transfer within the meaning of this clause; (c) except as provided in Article VIII,use hazard insurance proceeds received for loss to the Common Properties for other than repair, replacement or reconstruction of the Common Properties; (d) dissolution or abandonment of the Association; (e) elimination or diminution of the responsibilities of the Association to repair and maintain the Common Properties or any other property or property rights with respect to which the Association is charged with the responsibility of repair. maintenance or upkeep by these Covenants: (f) elimination of or restriction upon the rights and duties of the Association to enforce these Covenants or upon the rights of the Association to raise sufficient funds with which it can carry out the functions and duties assigned to it herein. (g) any amendment inconsistent with the terms and conditions imposed at the time of the County's approval of the PUD_ ARTICLE XV REQUIREMENTS OF THE FIRE DISTRICT All Lots are required to meet the then applicable requirements of the Fire District. Such requirements may include, but not be limited to; all buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code and the 1994 Edition of the Uniform Building Code, as ratified by the Weld County Commissioners and enforced by Weld County;building plans for the remodel of any building must be submitted to the Fire District for review and approval. If at the time of the recording of these Covanents, the minimum required water flow of 1.000 gallons per minute cannot be provided by the existing water system. all residences within the PUD must be protected with a residential fire sprinkler system; plans for the residential fire sprinkler systems must be reviewed and approved by the Fire District prior to installation; all residences must be inspected and approved by the Fire District before a Certificate of Occupancy is issued by Weld County. Approved address numbers shall be placed on all residences in such a position to be plainly visible and legible from the street fronting the property. Address numbers or letters shall contrast with their background. ARTICLE XVIII WELD COUNTY 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 those 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 State of Delaware)with more than 3.700 miles of state and county road outside of the municipalities. The sheer magnitude of the area to be served stretch available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which 17 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 provided 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. Service 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 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 own safety,but also for the protection of the farmer's livelihood. Parents (need or must) be responsible for their children. 18 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this day of . 1999. MARK A. EBERL STATE OF COLORADO) ) ss COUNTY OF WELD ) The foregoing was acknowledged before me this day of , 1999,by MARK A. EBERL. Witness my hand and official seal. My commission expires: _ Notary Public 19 DRAWINGS Il - � -, ^ s . I I - oEMEv �— if —II oiS I oC a'" 1 t ¢i E • -I- TES , ZMO 32 ....,a♦' a. n 2 5400 " xz ._ At a ao, 4/ LOT 2 A 2.502 ACRES ). , ,;,I ' C 4 wmlWsor cc,. \ ss 90 o EVERSKv ACCESS /s 2.511 ACRES>\r Jr \ -r.evpp_a4—� M, iVP'EASEY[M /3 \'1 R _J - S' IRRIGPON 9444.9409 Y AND CORDE5TAx ACCWR1,NrER'S RIGOR 9i,G 50.00 / / lES3 ACRES _ - _ EASEMENT .O THE RECORDED RAT .IE3a. / I \ 0 �- / II LOT 4 III ` \C:\ •� �'\°FVA\ ry V3�R'E I t /Q0' U.E. JL 2.51) ACRES I I LOT 5�\ \-. 114..., \\ c-%T E , /e- I'R D.E. II T I11 2.502 ACRES \ A\ HUNTER'S RIDGE 'SUED Vf SION N �� /i LOT 3 II .. y a -,Ik-DRAIN e5uui //� \�°'� \ _,` /.l /2.529 A8. CRES I I III (NP) // \ �y\\ ( Y IS' U.E. II /// \\ \ q\\ _ III '< 3��/�20' UEV� \\t�A , 6 CO . --I 0�SnIC �/ 2.521 ACRES ��V �`AA% E.rm c Iv SECRECY -RATER-s p li '� 1 E \ pV RIDGE s Bo sw 5 ALAI:TES ' .% LOT 6 �.', aY D L E.c Ion w 1 • 1 // - YT - \ 41 OF 684.4 C Ei..E5 0 I4.lT o S J P VOID 9 [,IC "C 'Al p zl ROAD — 1 '1 �7 A ti N F /I/ LOT 9 �� 6c-o0 °,r\v X00 9 I w, `Cj0 I h LOT 7 �\\\ \\ 9 ZI R• 1 2.541 ACRES V 1 t 15 4CECACCESS/ --- I- 0 n E E. VOG� �, F III ,; z ' a 11 INSIZE EARTH DIVE , LOT R I 11 .- 2.530 ACRES '-1L- 1S UP.''', rl^ alb .� I ll 0n 8"^ L 2000/EN I ( II 3 90 hi \ -7----IC- //10' CONCRETE HEAD GATE i / T 1500 VA \\20 YEPGEHCT ACCESS/ ZD \ / _ROAD 40NrnisurE EASEIIEM W En \` / c c 1 TC .309 ACRES F i :O 15 FR. P Er ciaTT: u 0' DUCH -]UN, 7 \-111001,4110 DITC - 8 EAST LINE NORTHERN CONSTRUCTION 15' V'IL ESNNT COMPANY RICH'-OF-WAY, BOOS 212. LOT 9 I PACE 191, JUNE 29. 1905. p 63.905 ACRES ,—15' STIL ESMNT EBERL PROPERTY 108.918 ACRES i S8423'39DV 229341'_I (368.33') _l/X _ __ (509-25'56"w) N 0923'39' E 214341' • v e4ZJ 39 E 1 .97.%1 a� L 1/4 CORNER SECTION 21 73N, R64W 6th PM FOUND 2-3/4- ALUMINUM CAP 'ER CORNER SECTION 21, 13N. R5841LS 23528 IN MONUMENT 809 AS PER 'I °.1R. 30' is REBAR AND 2- ALUMINUM RECORDED flECORCC9 TIES. UM LS 23500 AS PER RECORD. BASE OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP THREE NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN IS ASSUMED TO BEAR 500'07'42"E, AS MONUMENTED AND SHOWN HEREON. REFERRAL LIST NAME: Mark and Jackie Eberl/Eden's Reserve CASE NUMBER: S-500 REFERRALS SENT: July 26, 1999 REFERRALS TO BE RECEIVED BY:August 16, 1999 COUNTY TOWNS and CITIES Attorney Ault • _X_Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton Public Works:_XDon Carroll Ron Broda Erie Housing Authority Evans Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE Garden City X_Division of Wader Resources Gilcrest X_Geological Survey Greeley Department of i-lealth Grover Department of 1 ransportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife LaSalle West of I-25 (Loveland) Lochbuie East of I-25 (Greeley) Longmont Division of Minerals/Geology _X_Mead FIRE DISTRIC TS Milliken Ault F-1 New Raymer Berthoud F 2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F Severance Galeton F-r Thornton Hudson VT Windsor Johnstown F La Salle I--b X_Mountain `.rem F I0 COUNTIES Milliken. Adams Nunn F 12 Boulder. Pawnee F-22 Larimer Platteville F-12 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley L-15 US Army Corps of Engineers Raymei F-2 USDA-APHIS Veterinary Service Southeast Weld F -16 Federal Aviation Administration Windsor/Severance P-17 Federal Communication Commission Wiggins "-18 Western Fills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER _Fort Collins Central Colo Waler Conservancy Dist. Greeley Panhandle Easter n Pipe Line Co. Longmont X_School District RL-1J West Adams Ginny Shaw (MUD) Ditch Company COMMISSION/BOARD MEMBER • DEPARTMENT OF PLANNING SERVICES 4ar PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 Wipe COLORADO July 26, 1999 Mark & Jackie Eberl do Todd Hodges 4119 Grardby Ct Ft Collins CO 80526 Subject S--500 - Request for approval of a Final Plan for a PUD : h R68W of arcel of land described as Part of the NE4 of Section 21, T3N,nine (9) the r 6th with e 6th P.M., on a 'County' Colorado. • M , Weld Dear Mr Hodges. • Your application and related materials for the request described above are complete and in order at the present time. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three mugs if the property in question or if the property comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy within the submitted materials to the Town of Mead Planning Commission for its review and comments. Please call the Town of Mean at (970)535-4477, for information regarding the date, time and place of the meeting and the review process A the ment of anning rvices will be adjacent to and visible from a publicly maintained road right of-way which to the identifiesthe hearing time, and location. In the event the roeproperty to post a sign and property rty under consideration is not adjacent to a publicly maintained date, riy, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. If you have any questions concerning this matter, please feel free to call me. Sincerely, Ben Patton ( !� Planner (T\titt\t4 ' , Weld County Referral 0'• July 26, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review. Applicant Mark and Jackie Eberl/ Case Number S-500 Eden's Reserve Please Reply By August 16, 1999 Planner Ben Patton Project Final Plan for a PUD with nine (9) residential lots Legal Part of the NE4 of Section 21, T3N, R68W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Weld County Road 32; Approximately 1/4 mile west of Weld County Road 7 Parcel Number 1207 21 100029 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the ,prIcation, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments Signature Date Agency +weld County Planning Dept. 4'1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax ENGINEER'S CERTIFICATION I hereby certify hat this report for the Final Drainage Dean concerning g the ['bed Property was prepared by me or under my direct supervision in accordance with the City of Longmont Storm Drainage Criteria Manual Based upon Boulder County Drainage Criteria) __PPpO REG.ST, O,:'pEt.w.li lid.„#4, 300071. : g, ¢ s Michael W. Boden � 'b •... air,�`' Registered Professional Engineer • '',S%NAL - State of Colorado No. ;0007 TABLE OF CONTENTS Introduction Intent Design Reference Existing Drainage Conditions Developed Drainage Conditions 2 Conclusions 2 APPENDIX A Drainage Calculations Detention Calculations Figure 501 Figure 502 Figure 601 Figure 602 Figure 603 'Table 601 Historic Drainage Plan - I I x 17 (attached) Drainage Plan (Developed) 11 x 17 (attached) EDEN'S RESERVE (EBERL PROPERTY) FINAL DRAINAGE PLAN REPORT For TODD HODGES DESIGN, LLC Introduction The Ebert Property is located in the North East quarter of Section 21, Township 3 North. Range 68 West, Weld County, Colorado. More specifically the site is located on the south side of Weld County Road 32, roughly 1400 feet west of Weld County Road 7. and is bounded on the north by Weld County Road 32, bounded on the east by the Hunter's Ridge Subdivision (Town of Mead). bounded on the west by the Great Western Rail Road tracks, and bounded on the south by the center of Section 21 Line. The development of this site consists of ultra low density residential development of 8 developed lots and I agricultural (undeveloped) lot on roughly 109 acres total property area. Access to the proposed site is from WCR 32. Intent It is this report's intent to provide a final drainage study in accordance Weld County Subdivision Ordinance I 73-E concerning this property. Design Reference The drainage design criteria for this report was taken from the City of Longmont Storm Drainage Criteria Manual (Based upon the Boulder County Storm Drainage Criteria Manual). Since all basins were less than 100 acres in area, all flows were calculated using the Rational Method. The values for runoff coefficients C, and rainfall intensities I. were taken from the City of Longront Storm Drainage Criteria Manual for the anticipated future land use. The 2-year and 5-year storm events were used for calculations involving the minor storm and the 100-year event was used for the major storm. The required detention pond volume was calculated using the Equation Detention Method with a release rate equal to the rate of the 5-year historic flow from that portion of the property being developed. Existing Drainage Conditions Historically, this property drains generally from the north to the south and is split into 3 sub basins. The flow from the east sub-basin (Basin A) sheet flows south to the south property line and collected in an existing ditch which is discharged to the south at roughly the midpoint of the property.The flow from the middle basin north of Logan Reservoir(Basin B) sheet flows into the reservoir. Flows from the west basin (Basin C) sheet flows south to the south west corner of the property and discharged. Off-site drainage from adjacent properties is intercepted by the Great Western Rail Road track bed on the west line of the property, and WCR 32 on the north side of the property. Storm water flows from the adjacent property to the west flows south along the west edge of the rail road track bed and is impeded from entering this property. Flows from the area north are generally to the south and intercepted by the existing WCR 32 borrow ditch which transports these flows to the west. Drainage Report—Eberl Property July 1999 Page 2 of 2 Developed Drainage Conditions Drainage from the proposed developed area will be directed from each individual lot to the proposed access roadway borrow ditch or to graded earth swales at the rear of the lots. These flows will be directed to Logan Reservoir and detained. Conclusion The proposed development will not adversely affect the existing drainage patterns surrounding the site. Detention for the developed will be obtained from the existing Logan Reservoir at a 100 year volume of 0.146 ac-ft, and 0.079 ac-ft for the 10 year volume. The detention volumes will not adversely impact the existing reservoir since the required detention volume will increase the depth by roughly 0.02 feet(assuming half full). A copy of the historical drainage plan, proposed drainage plan, and drainage calculations follow , for your review. APPENDIX A d e m N IO 0 0O 0 T N O) m O c0 O O O m e m N N O N (p U y en t` 0 m n e T W r 6m N m m a n q W C- t0 oo 0 e m N T N O C r N R a, m 0 o an C., mm o N m N 0 6 6 6 O 0 .2 . at ra 1 co) r r ,- ooco = C T — N ,- m N m N a) in Ili 0 0 e O en 1- 0 >` T N N N N O 3 O O n O LL I' O CO CO e e m O Of 0 O N ON 0 O —1 TA F ea en � O O O O O O Z O O e m m N CO CO N e m N N L 0 C a •E .c = a o 01 0 0 0 0 0 0 0 0 m N m o' 3 N N N r r n N N N '- � .- ,- 3 C C o O O O O C N N N LL C > > > O 8 co J = J ✓ o o O 0 0 0 0 co U U U T e e a 0 0 e v N 00) 0) O) 0 0 0 0 0 0 0 0 T g m A m c 0 O LT I= is E o o o 10 X000 a ° E E E o UN _0 0 0 0000 � � 2 t O C 0 f• J _ N a^ (0 CO CO a A h In t0 O O N I[) N T • = N O O O m m o O a, 0 N O_ LL N O O O O O O O C J.i: ap �p A ▪ W0 } V U V K >re a 0i- G W 0 N TO 0 a) - •- •- d W c O m m N N N W N h CO Cr) N O ti O II II II Z ix CO v e e m m . In IO o f )O IO of `0 W w N v v v 10 N N m m m m N _ a a n N = Q L On N N N m W — v 3 o E a, N N ° N CS) O J _ 0(0 co O W m a w C N a .n �` >`J ID E Q Q Q m ix c m LL n a i o ` i W o c a a o v_ ,� "y o u N• a ° a O C O N N 92 O. 9 v N O O O 0 0 _co O _ m — m — m in m _ a A N ri z �' . m a 0 m m v a `n v `m `m v a _ _ > = v g iii m a c v v r v v > v v > CD c E s 0 5 0 » 0 » O T > 0 OJ a co U0 .. V To � °• E G mU O W N E 2 0-3 q 0 N `O_ N 0 O N in O_ ; 0 .. O C C C : m '0 o a" m N Q Q v O] O0U U W O — r-, m t c m %a m m O W m J m n _ S < CO[O 0 p Z N m a en 4 Xi CO CO CALCULATION SHEET Detention Calculations Eberl Property Boden Engineering, LLC 7/18/99 Detention V=KA Equation 1201 -City of Longmont Storm Drainage Manual A= 27.6 Area of Basin (See Drainage Plan) I = 5 % Table 601 & Figure 603 (Assume 1/2 unit per acre) K100 = 0.005 Equation 1202 - (1.781 - 0.0021^2 - 3.56)/1000 K10 = 0.003 Equation 1203 - (0.951 - 1.90)/1000 V100 = 6360 cu. ft. 100 Year Storage Volume V10 = 3426 cu.ft. 10 Year Storage Volume V100= 0.1460 ac ft V10 = 0.0787 ac ft Logan Reservoir Surface Area: 337003 ftA2 Assumed Half Full Added depth for 100 year storage volume: 0.0189 ft Added depth for 10 year storage volume: 0.0102 ft BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL 1 FIGURE 501 RAINFALL ZONES 1111 SCALE 10 5 0 IOMILES I: 500,000 $Q pppppl // COUNTY €1" o b CI LYONS Yi ALLENSP K I)7csF III I `o MONr WELD COUNTY GNDCONTY • Ti All eau LAFAYETT T ADAMS 3 LOUT I COUNTY Fr o ^r, 0 o o o GILPIN e COUNTY JEFFERSON 1 11 `,' COUNTY 1 WRC ENG. REFERENCE: Base map from USGS map for State of Colorado, Rev 1980 BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE_502 TIME-INTENSITY-FREQUENCY CURVES ZONE I {; ... -.=,-.3,--_ _ .. = = so f 1 — D of _ __ -fri 5.0 1-- I ' , - 40� 5 in u 3.0 - 111 Z ,. r _. OO SYEAFt -... ._. - - = — b !.EAFI-- 20 i f= — =_� __ Ici CA(_ , : -_ .YIEAFi- 1.0 : : ?. .__ { -•!H -- - -- _YFAk-__ - 1 0 1 #nr. : - : 1 t __-__=_-____- _ _ - 0__±.:_-__:1(.41.2__._•1_:' .!20 _ 30____:_-__401 .1r.--:-.50" :=2-7=1------8-- �J _ - ' ::TIME OF•CONCENIRAILON"G( M T=x _= 1._ --- _-_,;=.1' .---- WRC ENG. REFERENCE: WRC TM-1 NOV. 1983 -510- BOir. �. 7' STORM DR N A~v ;t:. 6i".ANUAL FIGURE 601 Ov::-. -.. a 7 -LOW Soo 7-1-.7-T--._ ---- 1'y ' ' --' ro iiiiioi�iiiiii'I-1 ' . . - • '? ��NN.'J A •.NN■. .N..N-t-- . . -it 1 � 100 ■bN■NNNN T �_-.__. _. _. --r� I JJ b i 4 .N■NN..N■■N Z --I.!J II t ■■■■■■N.■.N.N 1 t ■.N..N■.N. .NNNN.N. - - _ 4 NNNNNN■ ■■N......■.. _ - - _d-. LLI w 300 50 LL __ . _._ ' I i t Z ././■.NN r el:1 Iy'y) w I- 200 N■N■NN _._ i� I i I del 40 W N iuNNNNNN■ - - _5 I 1 j a N■N■NNN _ ' f I ( Z NNLe... _ Y T ■ W R. ..N■N■■..N/./-_.�. y� C. •.n..N� rte/! 0 ' ,,;;"...: '- ■■N...N.NN.I• ; 1' �.. ■■■■■■■■N III/I' _.. >" ___,_,-,---44^-4 .-T o ■/■■■■Nvr/a /! � ._ '4.r....12 I /.■N ✓rr10 I THE ABOVE CUR OF THE FOLLOWING EQUATION: ti =-1.8 C where: ti = If-t::' Sr slcr':: . - -__ - Cs = - -----, t -v frequency (Table 601) L = I_-,_.. . Notes: I. The. . - - the Rational 2. Tree - .:c.eci for dist'r-: WRC ENG. IREFERENCE: [ •_:',4 11(Cnnaae Criteria Manual" DRCOG, :fficry.,... MI^rcde 1969 BOULDER COUNTY FIGURE 602 STORM DRAINAGE CRITERIA MANUAL TRAVEL TIME VELOCITY FOR RATIONAL METHOD 50 30 .1 0 F- 20 .1 t: W .. r W¢ U 4 CC IS jS. w e ..1 y v 0- e 1 3= 10 S. A. J o ? ; U■■ O ° W v a I r -- W J AU r JP vQ ;WC h a — -J5 v 4 3� v N a. O, I 47 �O O Z. f y 4 w y 4 V) . / .T I ? ? Cr i. ¢ 3 . o �t o 4 M is O = h Q S OC y v C 02 Id/ I-- 40 cr III 341 , , I a� .5 A i S 1 .1 .2 .3 .5 1 2 3 5 10 20 VELOCITY IN FEET PER SECOND WRC ENG. REFERENCE: "Urban Hydrology For Small Watersheds" Technical Release No. 55, USDA, SCS Jan. 1975. BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE 803 RESIDENTIAL HOUSING DENSITY vs IMPERVIOUS AREA 50 TEST AREA LOCATIONS I I O ARAPAHOE COUNTY ❑ LITTLETON / 40 - - w 0 O a Z 30 w ❑ U S w a U, ! 2o 10 LOW DENSITY MEDIUM DENSITY 0 0 1 2 3 4 b HOUSING DENSITY-UNITS PER ACRE WRC ENG. REFERENCE: USDCM, DRCOG Revised- 5-1-84 BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL TABLE 601 RUNOFF COEFFICIENTS AND PERCENT IMPERVIOUS , RUNOFF COEFFICIENTS 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 Figure-603 .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 Figure-603 .30 .35 .40 .60 Apartments 70 .65 . 70 .70 .80 Industrial : Light Areas 80 .71 .72 .76 .82 Heavy Areas 90 .80 .80 .85 .90 Parks , Cemetaries 7 . 10 . 10 .35 .60 Playgrounds 13 . 15 .25 .35 .65 Schools 50 .45 .50 .60 .70 Railroad Yard Areas 40 .40 .45 .50 .60 Undeveloped Areas : Historic Flow Analysis 2 ( see "Lawns") Greenbelts ,. Agricultural Offsite Flow Analysis 45 .43 .47 .55 .65 (when land use not defined) , Streets: Paved 100 .87 .88 .90 .93 Gravel 13 .15 .25 .35 .65 Drives and Walks 96 .87 .87 .88 .89 I Roofs 90 .80 .85 .90 .90 Lawns , Sandy Soil 0 .00 .01 .05 .20 d Lawns , Clayey Soil 0 .05 .10 .20 .40 NOTE: The Rational Formula coefficients do not apply for larger basins where the time-of-concentration exceeds 60 minutes. WRC ENG. REFERENCE: USDCM DRCOG Rev. May 1, 1984 MR Al OIORO __ NOT MANIAC, 00 'AIN000 013M B11X VI=COW 3A 213S38 S,N303 srilot `arra NV 1c1 30VNIVIP 1VN/d �� 'J .S CPS'3S ag 4 tcg9x gp p ��bI d`e`b?4 i:!1/1 &!1r �a a �GlF bs� � "d; I 1 ?h .4 tb4 gl3 s _t as y ; y Pk p lei F� h ;It En CCF Ulf 8 p h .1hh a.lal !tk nl 6 —,, S a % } e ff Ne ER%Y as �YQG � -EJ— p1, e tl 77] P V,e e{ tll b6 L ON OMC9 AIMpJ OHM i a he 1 A Al / � A ,:,A i /. . � a s t p0 r I a - KIIII • EP - 1 ei r s g ^ / m i e '� ' % _ :6.. J o 4 i I '5 !; b R 1 � 1 I gc Q c) 1 {I pp gp I i 1l: 1 v � . 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