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Home My WebLink About980757.tiff APPLICATION MATERIALS DEL CAMINO EAST P.U.D. FINAL PUD PLAN Prepared for: DEL CAMINO EAST, LLC CIO MR. RUSTY GREEN P.O. BOX 3466 BOULDER, COLORADO 80307 Prepared by: ROCKY MOUNTAIN CONSULTANTS, INC. 825 DELAWARE AVE. LONGMONT, COLORADO 80501 AUGUST 25, 1997 EXHIBIT I3 980757 S. 39 ROCKY MOUNTAIN CONSULTANTS. INC. 4MC Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmil.com August 25, 1997 Ms. Shani Eastin Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Del Camino East, Final PUD Plan Application Dear Shani: Attached you will find the application materials and fee for the Del Camino East PUD. As we discussed, we have combined the properties previously reviewed as Del Camino East PUD, Phase One and Del Camino East PUD, Phase Two into one application to avoid duplication and facilitate efficient review of the application. We are proceeding with a Final Plat of the entire PUD at this time to accomplish the following goals: o Set forth the location of the north south arterial through the property (Del Camino Parkway) that was identified in the MUD and dedicate the right-of-way for the road to Weld County. We have prepared preliminary engineering drawings of the road in the location shown on the Final Plat, for review by the Weld County Transportation Department. We have forwarded copies of the plans to Drew Sheltinga and Don Carroll and included one set of the plans with this submittal for your file. o Define specific locations for future oil and gas development so that future development on the property will not preclude development of the resource and future development of the resource will not preclude construction of the arterial street within the right-of-way as dedicated. It is our request that future oil and gas development within the PUD be subject to the Weld County Special Use Review process so that specific details regarding setbacks and buffering within the designated drilling/production sites can be reviewed in the context of adjacent development at the time that the resource is being developed. o Establish covenants and development parameters for the entire property and plat the property into blocks. It is our request that final development within each block will be determined through a final plat and site plan review for the specific users and processed through the staff review process consistent with the Site Plan Review process that is outlined the Weld County Zoning Ordinance. 960757 CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING R M C Ms. Shani Eastin August 25, 1997 Page 2 o Establish a Road, Bridge and Recreation District that will own and maintain common open space and recreation amenities within the PUD and spread the cost of • development the Del Camino East Parkway over the entire business/commercial/industrial portion of the PUD. We have included specific details regarding some elements of the application and deferred portions of the materials for review in conjunction with the final plat and site plan for each block within the PUD. We have also included a sketch of the anticipated lot and street development within each block to give you a general understanding of the plans for the site. However, specific details regarding the lots size and dimensions, uses, landscaping and structures within each block will be provided for staff review through the final plat/site plan review process. Thank you for your assistance. Please call me if you have any questions. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. &dThl5-14145 Barbara Brunk Landscape Architect H:\2862_003\01\PU DC V R.W PD 0757 TABLE OF CONTENTS Application Materials Pages 1-5 - Application Requirements - Plans and Profiles of Streets, Culverts and Drainage Detention Areas (Preliminary Plan for Del Camino East Parkway only - submitted to Weld County Transportation for review) - Landscape Plan Map - PUD Plat Map ATTACHMENTS Application Form Attachment 1 Title Work Attachment 2 - Certificate of Title - Affidavit of Surface and Mineral Estate - Surrounding Property Ownership Report Certificate from the County Treasurer Attachment 3 Road Improvements and Maintenance Agreement Attachment 4 Covenants/ Landscape Design Guidelines Attachment 5 Geologic Maps and Investigations Report Attachment 6 9130'7'57 DEL CAMJNO EAST -- PUD FINAL PLAN APPLICATION REQUIREMENTS 1. A completed PUD plan application form. Please refer to Attachment 1. 2. A copy of a certificate of title issued by a title insurance company. Please refer to Attachment 2. 3. A certificate of title covering all public dedications. A title commitment is included in Attachment 2 for your review. 4. A warranty deed, ready to execute, which deeds to the appropriate public body all lands other than streets which are to be held for public purposes, a letter of intent from the appropriate public agencies stating that the dedicated lands will be accepted. Not applicable, there are no lands other than streets which are to be held for public purposes. S. Certificate from the County Treasurer showing no delinquent taxes on the property of the proposed PUD plan. Please see Attachment 3. 6. Certificate from a qualified engineer responsible for the design of the utilities. Not applicable, utilities will be designed in conjunction with the final plat and site plan for each block. 7. Copies of all deed restrictions, including those required by the Board of County Commissioners to govern the future use of all land in the PUD site. Please see Attachment 2. 8. An Improvements Agreement According Policy Regarding Collateral for Improvements. Not applicable. 9. If street or highway facilities providing access to the property were determined adequate at the PUD district application stage because the applicant proposed a separate off-site road improvements in order to comply with Section 28.8.1.7 of the Zoning Ordinance submit a separate off-site road improvements agreements proposal. The applicant agrees to enter into an improvement and maintenance agreement with the County to upgrade Weld County Road 22 to a paved section through the project area. Please see Attachment 4 for a copy of the maintenance agreement draft. 10. A statement which summarizes the total area of the PUD plan. ♦ Total number of buildings and structures of a particular type expressed in units: The PUD will be developed in phases and include residential, commercial (including recreational vehicle parks and recreational vehicle storage), business and industrial. Specific detail regarding the number of units will be provided at the time of fmal plat and site plan for each of the blocks indicated on the Final PUD Plat. DEL CAMINO EAST -- PUD FINAL PLAN APPLICATION REQUIREMENTS ♦ Total amount of commercial and industrial floor space in square feet: Specific details regarding the amount of commercial and industrial floor space will be provided at the time of final plat and site plan for each block. ♦ Total number of off-street parking spaces: • Parking will be provided consistent with all Weld County regulations. Specific numbers and locations of parking spaces will be provided at the time of final plat and site plan review for each block. • Total number of open storage areas: All open storage areas will be screened as required in the Weld County MUD Development Standards and consistent with covenants and landscape design guidelines submitted as Attachment 6. Specific locations and total areas will be determined at the time of final plat and site plan review for each block. ♦ Total of loading areas in square feet: All loading areas will be screened as required in the Weld County MUD Development Standards and consistent with covenants and landscape design guidelines submitted as Attachment 5. Specific locations of all loading areas will be determined at the time of final plat and site plan review for each block. 11. A statement describing how each building and structure will be used or operated. This includes the volume of business expected to be conducted at any commercial or industrial establishment, the hours of business of those establishments, the number of employees expected to work in any commercial or industrial establishment, the number of dwelling units in each building, the number of parking spaces, and any other information which would assist in determining the uses of the buildings and structures and the compatibility of those uses within and adjacent to the PUD. The general description of the anticipated uses within each block within the PUD are indicated on the PUD Final Plat. All uses within the PUD will be consistent with the PUD Change of Zone. Specific details regarding each use will be detailed in the final plat and final site plan review for each block. Prepared by Rocky Mountain Consultants. Inc. Page 2 990757 DEL CAMINO EAST -- PUD FINAL PLAN APPLICATION REQUIREMENTS 12. A statement which describes any proposed treatment, buffering or screening between uses, buildings or structures in order to achieve compatibility. A statement which describes the proposed treatment of the perimeter of the PUD plan, including materials and techniques used, such as screens,fences, walls, berms and other landscaping. Buffering and screening between uses will be consistent with the Weld County MUD Development Standards and the landscape plan and landscape design guidelines submitted with this application. A final landscape plan which details all landscape improvements and specific buffering methods will be submitted at the time of final plat and final site plan review for each block. 13. A statement concerning the location and the intended use of all public and private open space and semi-public uses including parks, recreation areas, school sites and similar uses. Private open space will be developed consistent with the Weld County MUD Development Standards in conjunction with each use within the PUD. It is anticipated that the residential development will include a club house, pool and other recreational amenities for residents. In addition, recreational amenities will be developed in conjunction with the commercial operation associated with the recreational vehicle parks. Common open space as indicated in the PUD Plat will include existing and future oil and gas facilities, storm drainage facilities, the floodplain adjacent to Godding Hollow, perimeter landscape buffers and a pedestrian trail system. This area will be developed, owned and maintained by the Del Camino East Road, Bridge and Recreation District. The areas will be dedicated at the time of development of the adjacent blocks. 14. A statement detailing how any common open space will be owned, preserved and maintained in perpetuity. Common open space will be developed, owned and maintained by the Del Camino East Road, Bridge and Recreation District. The District will include the entire PUD and allow fees to be established to fund development and ongoing maintenance of the areas. 15. A copy of all covenants, grants of easements, or restrictions to be imposed upon the use of the land, buildings and structures. Please see Attachment 5. Prepared by Rocky Mountain Consultants, Inc. Page 3 • 990757 DEL CAMINO EAST -- PUD FINAL PLAN APPLICATION REQUIREMENTS 16. A PUD plan construction schedule showing the approximate dates when construction of the development is proposed to start and finish. This shall describe the stages in which the development will be constructed and the number of buildings or structures, and the amount of common open space to be completed at each stage. The Del Camino East PUD will be developed in phases. The initial phase will include portions of the residential, commercial (including the RV Park) and business/industrial portions of the PUD. It is anticipated that phase one development will include the first 50 residential units, a portion of the RV Park and some warehouse/office space and begin in 1998. It is not known at this time how long it will take to build out and fully develop the MUD. Market demands and the availability of water to serve the development will help to determine this schedule. Each phase of the development will be responsible for dedication of common open space as indicated on the Final PUD Plat and Landscape Plan adjacent to the property. Some parcels will dedicate more open space than others, depending on their location within the PUD. The formation of the Road, Bridge and Recreation District will assure that all properties within the MUD contribute to the development and maintenance of the common open space as the PUD is built out over time. However, each parcel will also be responsible for on-site landscaping (private open space) at the time of development. 17. A statement describing the method of financing for the development. The statement shall include the estimated construction cost and proposed method of financing of street and related facilities, water distribution system, sewage collection system, floodplain protection, storm drainage facilities and such other facilities as may be necessary. The anticipated method of financing the improvements will include private financing and the formation of a road, bridge and recreation district. Specific details regarding the costs of improvements including roads, utilities and other improvements will be provided in conjunction with final plat and site plan applications for each block. 18. When a proposed street intersects a state highway, a copy of the State highway access permit shall be provided. Not applicable. 19. A copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of any problems resulting from the location of the ditch. We will work with the ditch company at the time of final development of each of the blocks that are adjacent to the ditch to assure that the ongoing operation and maintenance of the ditch is not impacted by the adjacent development. Prepared by Rocky Mountain Consultants, Inc. Page 4 9130757 DEL CAMINO EAST -- PUD FINAL PLAN APPLICATION REQUIREMENTS 20. Geologic maps and investigations reports regarding area suitability for the proposed PUD development. The maps and reports will be furnished to representative of the Colorado Geological Survey Division for review and evaluation. Please see Attachment 6. 21. A certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of the property (surface estate) within 500 feet of the property subject to the application. Please see Attachment 2. 22. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. Please see Attachment 2. 23. A sign shall be posted on the property under consideration for the PUD plan. Applicant shall certify that the sign was posted at least 10 days before the hearing date. Once the hearing date has been determined, the sign will be posted as required by County regulations. Prepared by Rocky Mountain Consultants, Inc. Page 5 990757 �F`:T 0 " d z ;'. Ns �j � trig - _r-----N , , / v 1\ \..._ - - / C9 i rl , c) \Hi , .), \ ,0 '\ \—A )_ \. \ . - \, I I r _. )Ii V 'A \. , A IIIII I / , , / ( tl- 2Z-ON awn'ALNno)cam I t. 1 I .\ \ i \ Q . A� \ I t \ I a 4 +:7)1 E I I \ Wad § id e, r-i l- - - *1 il r \ \ v I b\ ItA 44 pl7.41 1 \---\ ATTACHMENT 1 Application Form 9807557 PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 PHONE: 353-6100, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Please see attached legal description (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED PUD SUBDIVISION Del Camino East EXISTING ZONING PUD NO. OF PROPOSED LOTS N/A TOTAL AREA(ACRES) 235.46 LOT SIZE: AVERAGE N/A MINIMUM N/A UTILITIES: WATER: NAME Central Weld County Water District SEWER: NAME St. Vrain Sanitation District GAS: NAME Public Service Company of Colorado PHONE: NAME US West Communications ELECTRIC: NAME United Power and Gas DISTRICTS: SCHOOL: NAME St. Vrain Valley RE1J FIRE: NAME Frederick Fire Protection District DESIGNER'S NAME Rocky Mountain Consultants. Inc. PHONE (303) 772-5282 ADDRESS 825 Delaware Avenue. Suite 500: Longmont. Colorado 80501 ENGINEER'S NAME Rocky Mountain Consultants. Inc. PHONE (303) 772-5282 ADDRESS 825 Delaware Avenue. Suite 500: Longmont, Colorado 80501 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME Del Camino East. LLC c/o Rusty Green PHONE (303)449-6110 ADDRESS P.O. Box 3466: Boulder. Colorado 80307 NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT(if different than above) NAME ADDRESS HOME TELEPHONE# BUSINESS TELEPHONE# I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted withor contained within this application are true and correct to_tbe-best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO)ss k Q ignatur . Owner or Authorized Agent Subscribed and sworn to before me this day of Lt GL , 19 ch. Notary Public Ay Commission Expires iii 1'f c-x'000 PLANNED UNIT DEVELOPMENT PLAN 23 98075'7 DEL CAMINO EAST PUD-LEGAL DESCRIPTION PARCEL 1: THE E %]OF THE SW 1/4 OF SECTION 11,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. TOGETHER WITH AN EASEMENT ACROSS THE W 14 OF THE SW 1/4 OF SAID SECTION 11 FOR THE PURPOSE OF THE PASSAGE OF IRRIGATION WATER TO SAID E OF THE SW 1/4 OF SAID SECTION 11 DESCRIBED AS FOLLOWS: STARTING AT A POINT 742 FEET WEST OF THE SOUTHWEST CORNER OF THE E Y:OF THE SW 1/4 OF SAID SECTION 11;THENCE IN A NORTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE DITCH RIGHT OF WAY AS NOW VISIBLE AND EXISTING THEREON APPROXIMATELY 1,023 FEET TO A POINT WHERE THE SAME CONNECTS WITH A CULVERT NOW LOCATED THEREON;THENCE IN AN EASTERLY • DIRECTION APPROXIMATELY 173 FEET TO THE WEST LINE OF THE E1/2 OF SAID SW 1/4 ALONG THE MEANDERINGS FOR THE DITCH NOW LOCATED THEREON;ALSO,AN EASEMENT ALONG THE SOUTH LINE OF THE W OF THE SW 1/4 OF SAID SECTION 11 FOLLOWING THE SECTION LINE IN ITS ENTIRETY TO THE WEST LINE OF SAID 2'A OF THE SW 1/4 OF SAID SECTION 11 FOR THE SAME PURPOSE FOLLOWING THE MEANDERINGS OF THE DITCH NOW LOCATED THEREON AND THE W OF THE NE 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: A PARCEL OF LAND IN THE WEST 14 OF THE SOUTHWEST 1/4 OF SECTION 11,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID WEST'A OF THE SOUTHWEST 1/4 OF SECTION 11 MARKED BY#5 REBAR WITH A 211 DIAMETER METAL CAP L.S. 2:3482; THENCE N 89°40'01°W 8.35 FEET ALONG THE SOUTH LINE OF SAID WEST'A OF THE SOUTHWEST 1/4 OF SECTION 11 TO THE SOUTHERLY EXTENSION OF AN EXISTING FENCE LINE MARKED BY A#5 REBAR WITH A YELLOW PLASTIC CAP L.S. 13482; THENCE N 00°04'08" E 2631.05 FEET ALONG SAID EXISTING FENCE LINE TO THE NORTH LINE OF THE TRACT OF LAND CONVEYED TO AZALEA FARMS, LIMITED BY WARRANTY DEED RECORDED IN BOOK 931 AT RECEPTION NO. 1852633, RECORDED MARCH 18, 1981 MARKED BY A#5 REBAR WITH A YELLOW PLASTIC CAP L.S. 13482; THENCE S 89°31'31" E 21.50 FEET TO THE NORTHEAST CORNER OF SAID TRACT CONVEYED TO AZALEA FARMS, LIMITED AND THE EAST LINE OF SAID WEST'A OF THE SOUTHWEST 1/4 OF SECTION 11 MARKED BY A#5 REBAR WITH A 2" DIAMETER METAL CAP; THENCE S 00°21'19"W 2630.97 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL 3: LOT B OF RECORDED EXEMPTION NO. 1313-14-2-RE1400 RECORDED JULY 27, 1992 IN BOOK 1344 AS RECEPTION NO. 2297301, BEING A PORTION OF THE EAST'''OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO. H:12862_003\01\LEGALWPD 280 757 ATTACHMENT 2 Title Work 980 757 LONGMONT TITLE COMPANYr,c. (303) 651-1401 Metro 443-1011 DATE: 8/1/97 Our Ref: 500' Surrounding Property Report Your Ref: EA5 SWa 11-2N-68 TO: Rocky Mountain Consultants A NE 1/4 14-2N-68 825 Delaware Ave, Suite 500 Eh NWQ 14-2N-68 Longmont, CO 80501 ATIN: DANNA BRAND The following is a Statement Only of the names of the property owners as described in the last recorded deed purporting to affect the real property described below and the real property within 500' feet of said land. Legal Description: See attached Exhibit "A" Vested Owner: Del Camino Fact, TT,P Owners Within 500' : See Attached Exhibit "B" This Statement is not a Certificate of Title and does not reflect change of Ownership caused by death or court proceedings, and as this report is furnished for a nominal fee, this Company assumes no liability beyond the amount paid for this Statement. Sincerely, J D. Davis JDD/]n LONGMONT'S ONLY LOCALLY OWNED TITLE COMPANY 9130757 SERVING BOULDER, LARIMER AND WELD COUNTIES EXHIBIT A (Legal Description of Property) Parcel 1: The E 1/2 of the SW 1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. Together with an easement across the W 1/2 of the SW 1/4 of said Section 11 for the purpose of the passage of irrigation water to said E 1/2 of the SW 1/4 of said Section 11 described as follows : Starting at a point 742 feet West of the Southwest corner of the E 1/2 of the SW 1/4 of said Section 11; thence in a Northeasterly direction following the meanderinqs of the ditch right of way as now visible and existing thereon approximately 1, 023 feet to a point where the same connects with a culvert now located thereon; thence in an Easterly direction approximately 173 feet to the West line of the E 1/2 of said SW 1/4 along the meanderings for the ditch now located thereon; also, an easement along the South line of the W 1/2 of the SW 1/4 of said Section 11 following the section line in its entirety to the West line of said E mesW l/4 of dc same purpose following the anderings of the ditch now located thereon And The W / the ntlol o 2 North, Range 68 West of the 6th P.M. , Couyf Weld, State of Colorado. Parcel 2 : 1/4 of Section 11, A parcel of land iRan the e 68West West2offthe the 6thuP.M. , Weld County, Colorado Township 2 North, g described as follows : Beginning at the Southeast corner of said West 1/2 of the Southwest 1/4 of Section 11 marked by #5 rebar with a 2" diameter metal cap L.S . 13482; Thence N 89 `40' 01" W 8 .35 feet along the South line of Said West 1/2 of the Southwest 1/4 of Section 11 to the Southerly extension of an existing fence line marked by a #5 rebar with a yellow plastic cap L.S. 13482; Thence N 00 ' 04' 08" E 2631.05 feet along said existing fence line to the North line of the tract of land conveyed to Azalea Farms, Limited by Warranty Deed recorded in a Book3a Reception tionoNNo. 1 852633, recorded March March 18, 1981 marked by # rebar with a Thence S 89 '31' 31" E 21.50 feet to the Northeast corner of said tract conveyed to Azalea Farms, Limited and the East line of said West 1/2 of the Southwest 1/4 of Section 11 marked by a #5 rebar with a 2" diameter metal cap; Thence S 00 '21' 19" W 2630 . 97 feet along said East line to the Point of Beginning. Parcel 3 : Lot B of Recorded Exemption No. 1313-L4-2-R21400 recorded July 27 , 1992 in Book 1344 as Reception No. 2297301, being a portion of the East 1/2 of the Northwest 1/4 of Section 14, Township 2 North, Range 68 West of the 6th P .M. , Weld County, Colorado. 980757 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Legal Description: E1/2SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , and the W1/2NE1/4 and the E1/2NW1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. STATE OF COLORADO ) )ss. COUNTY OF NOLO ) BOULDER THE UNDERSIGNED,being first duty swam,states that to the best of his or her knowledge the attached Est is a true and accurate Est of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred feet of the property under consideration. This istwas compiled from the records of the Well County Assessor, or an ownership update from a title or abstract company or attorney,derived from such records,orfrom the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. � -k_ The foregoing instrument was subscribed and sworn to before me this 1 day August 19 97.WITNESS my hand and official seal. 2F1 otary b6c . DS' Aet Ant" ) My Commission Expires: 10 - 13 - 7 3 .... �N............ ...••4"6,4k 24 990757 PLANNED UNIT DEVELOPMENT PLAN NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please pmrt ortype NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION# Darrell P Felton &. Christina Felton 1105 WCR 28, Longmont, CO 80501 Dean G. Mircos & Lisa Marie Leo 9885 VCR 11, Longmont, CO 80501 Helmer Ventures, LLC 7315 Red Deer_, Boulder. Ca 89301 a is Inver n a LIC 1"31 6 F 4thAye T 1- 8 David L. Reeve & Paula A. Reeve 4306 WCR, Ipngmont, CO 80501 13134000074 Colorado Factory Hanes, Inc. . 10500 E. Frontage Rd, Longmont, CO 80504 131311000073 Jerri Lynn Doering & James W. Medrall 415 Terry, Longmont, CO 80501 131314000011 Margaret E. Hill 4739 WCR 22, Iongmont, CO 80501 131311000021 Paul S. and Susan A Halkin 4895 WCR 22, Longmont, CO 80501 131311000024 rarl Oswald Trust % Carol Oswald 14707 N. 95th, Longmont, CO 80501 131311000057 Keith F. and Patricia Wachholtz 4875 WCR 22, Longmont, CO 80501 131311000059 illia i and Mildred Flynn 4 17 t� R 7 Tnngnnnt m socgi 1 '31'311000062 KG Jr and Bertha Tarrpprtgnn_ 751 E 100th Aim Thnrntnn m 80799 131311000064 C,rant Rrntherc • BRex 49R, Tandnnnt en 80901 171'3110OO065 Flatiron Structures Company 10090 I-25 Frontage Rd, Longmont, CO 80504 131311000067 Flatiron Structures Company " " IT " 131311000071 US Army Corps of Engineers 215 N. 17th, pinaha, NB 68102 131311000072 1994 TIC 5505 Central Ave, Boulder, CO 80301 131314000002 John Joseph & Mary Helen Granger 9551 WCR 11, Longmont, CO 80501 131314000015 Frederick R. and Gretchen L. Webb 9715 ICR 11. Irnai[nnt CO 80504 131 14000016 Brenda L. Young 4870 WCP22, Longmont. CO 80501 131114000019 Nancy and Karen Bruckhauser 9629 WCR 11 , Tnn Mont. co 80901 111214000047 Robert and Vivian Konkle 9893 WCR 11, Longmont, CO 80501 131314000043 Janes and Carolyn Westervelt 9536 I-25 Access Road, Longmont, CO 80501 131314000046 PLANNED UNIT DEVELOPMENT PLAN 930757 1�+ PLANNED UNIT DEVELOPMENT PLAN NAMES OF OWNERS OF PROPERLY WITHIN 500 FEET Please pant or type WAIL ADDRESS,TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION# Del Camino South LTD 203 S. Main, Longmont, CO 80501 131314000054 Thomas and Beverly Trostel 9773 VCR 11, Longmont, CO 80501 131314000072 Hauser Chemical Recearch, Inc 5555 Airport Blvd, Boulder. CO 80301 131314001000 Hangar Chemical Research, Inc " " " 131 11 40010 01 PLANNED UNIT DEVELOPMENT PLAN 25 980757 AFFIDAVIT OF INTEREST OWNERS . MINERALS AND/OR SUBSURFACE ESTATE Legal Description: E1/2SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , and the WL/2NE1/4 and the_E1L2NW1/4 of Section 1A, Twnship 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. • THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached fist is a true and accurate fist of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under consideration as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. • STATE OF COLORADO ) ) SS • COUNTY OF WELD ) BOULDER The foregoing instrument was subscribed and sworn to before me this 1 day of Aucrust 1977 WITNESS my hand and official seal �it J • Q Nora ublic �1" My Commission Expires: ) D - 13 - �7 0 + rt1• 26 990757 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type ADDRESS, TOWN/CITY, STATE AND ZIP CODE North American Resource Company c/o Logan and Firmine Box 4274, Englewood, CO 80155 Willett, H. L. 250 Denver Club Bldg. Denver, CO 80202 Hurt, Wilbur R. 14278 County Road 7 Longmont, CO 80501 Del Camino East rap 4100 E. Mississippi, #300 Denver, CO 80222 W30757 ATTACHMENT 3 Certificate From County Treasurer 9?tY757 Report Date: 07/28/97 10:17AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#:6984 ORDER NO: NA SCHEDULE NO: R5610686 VENDOR NO: ASSESSED TO: ROCKY MOUNTAIN CONSULTANTS INC OLSON STANLEY PREMIERE BUILDING C/O DEL CAMINO EAST LLP 825 DELAWARE AVE SUITE 500 360 S MONROE ST STE#355 LONGMONT CO 80501 DENVER, CO 80209 LEGAL DESCRIPTION: 25118A E2SW4 11 2 68(1R 1D) PARCEL: 131311000003 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL CERT 0.00 GRAND TOTAL DUE GOOD THROUGH 07/28/97 0.00 ORIGINAL TAX BILLING FOR 1996 Authority Mill Levy Amount WELD COUNTY 22.038 166.38 SCHOOL DIST RE1J 48.393 365.37 NCW WATER 1.000 7.55 MTN VIEW FIRE(BOND 0.964 7.28 ST VRAIN SAN 29.990 226.43 WELD LIBRARY 1.500 11.33 MOUNTAIN VIEW FIRE 7.817 59.02 111.702 843.36 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1, REAL PROPERTY-OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments of mobile homes, unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereu - s> • y' eal t is 28/9 7. TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY Report Date: 07128/97 10:21AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 6985 ORDER NO: NA SCHEDULE NO: R5618886 VENDOR NO: ASSESSED TO: ROCKY MOUNTAIN CONSULTANTS INC OLSON STANLEY PREMIERE BUILDING C/O DEL CAMINO EAST LLP 825 DELAWARE AVE SUITE 500 360 S MONROE ST STE#355 LONGMONT CO 80501 DENVER, CO 80209 LEGAL DESCRIPTION: 25130A W2NE4 14 2 68 (1R 3D) PARCEL: 131314000020 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL CERT 0.00 GRAND TOTAL DUE GOOD THROUGH 07/28/97 0.00 ORIGINAL TAX BILLING FOR 1996 Authority Mill Levy Amount WELD COUNTY 22.038 170.14 SCHOOL DIST RE1J 48.393 373.60 NCW WATER 1.000 7.72 FREDERICK FIRE 7.560 58.36 MTN VIEW FIRE(BOND 0.964 7.44 ST VRAIN SAN 29.990 231.52 WELD LIBRARY 1.500 11.58 111.445 860.36 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1, REAL PROPERTY-OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments of mobile homes, unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which - .a •= still iia redeemed with the amount required for redemption are as noted herein. In witness whereof, I have her nto --�. seal /97. TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY 950757 Report Date: 07/28/97 10:26AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 6986 ORDER NO: NA SCHEDULE NO: R1003296 VENDOR NO: ASSESSED TO: ROCKY MOUNTAIN CONSULTANTS INC OLSON STANLEY PREMIERE BUILDING C/O DEL CAMINO EAST LLP 825 DELAWARE AVE SUITE 500 360 S MONROE ST STE#355 LONGMONT CO 80501 DENVER, CO 80209 LEGAL DESCRIPTION: 25130 PT E2NW4 14 2 68 BEG N4 COR SEC SOD07'E 2657.21'S89D55'W 1303.97' NOD15'W 2137.72' N81 D0S'E 64.03' N64D18'E 492.53' NOD15'W 297.7' E802.38'TO BEG LOT B REC EXEMPT RE-1400 (.55R 1.7D) PARCEL: 131314000075 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL CERT 0.00 GRAND TOTAL DUE GOOD THROUGH 07/28/97 0.00 ORIGINAL TAX BILLING FOR 1996 - Authority Mill Levy Amount WELD COUNTY 22.038 133.55 SCHOOL DIST RE1J 48.393 293.27 NCW WATER 1.000 6.06 CWC WATER 0.000 0.00 MTN VIEW FIRE(BOND 0.964 5.84 ST VRAIN SAN 29.990 181.74 WELD LIBRARY 1.500 9.09 MOUNTAIN VIEW FIRE 7.817 47.37 111.702 676.92 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES•SEPTEMBER 1, REAL PROPERTY-OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes, transfer tax or misc.tax collected on behalf of other entities, special or local improvement district assessments of mobile homes, unless specifically mentioned. I,the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which th -.me ma still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereu. • s- peal t 's 8/97. TREASURER,WELD COUNTY,ARTHUR L.WILLIS II, BY Q ATTACHMENT 4 Road Improvements and Maintenance Agreement 9S0757 DRAFT - 8/25/97 - SUBJECT TO REVIEW AND APPROVAL COUNTY OF WELD, STATE OF COLORADO ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1996, by and between the COUNTY OF WELD, STATE OF COLORADO, herinafter called "County" and DEL CAMINO EAST, LLC hereinafter called "DECLLC". WHEREAS, DECLLC has applied to the County for a PUD Plan, Case Nos. , for a residential development and a business/commercial/industrial development located in The In Weld County, Colorado Described As Follows: PARCEL 1: THE E '/2 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. TOGETHER WITH AN EASEMENT ACROSS THE W 'h OF THE SW 1/4 OF SAID SECTION 11 FOR THE PURPOSE OF THE PASSAGE OF IRRIGATION WATER TO SAID E ' OF THE SW 1/4 OF SAID SECTION 11 DESCRIBED AS FOLLOWS: STARTING AT A POINT 742 FEET WEST OF THE SOUTHWEST CORNER OF THE E ' OF THE SW 1/4 OF SAID SECTION 11; THENCE IN A NORTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE DITCH RIGHT OF WAY AS NOW VISIBLE AND EXISTING THEREON APPROXIMATELY 1,023 FEET TO A POINT WHERE THE SAME CONNECTS WITH A CULVERT NOW LOCATED THEREON; THENCE IN AN EASTERLY DIRECTION APPROXIMATELY 173 FEET TO THE WEST LINE OF THE E1/2 OF SAID SW 1/4 ALONG THE MEANDERINGS FOR THE DITCH NOW LOCATED THEREON; ALSO, AN EASEMENT ALONG THE SOUTH LINE OF THE W ' OF THE SW 1/4 OF SAID SECTION 11 FOLLOWING THE SECTION LINE IN ITS ENTIRETY TO THE WEST LINE OF SAID 2 '/2 OF THE SW 1/4 OF SAID SECTION 11 FOR THE SAME PURPOSE FOLLOWING THE MEANDERINGS OF THE DITCH NOW LOCATED THEREON AND THE W ' OF THE NE 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: A PARCEL OF LAND IN THE WEST ' OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID WEST ' OF THE SOUTHWEST 1/4 OF SECTION 11 MARKED BY #5 REBAR WITH A 211 H:\2862003\01\RO AD MAIN.W PD 990757 DRAFT - 8/25/97 - SUBJECT TO REVIEW AND APPROVAL DIAMETER METAL CAP L.S. 2:3482; THENCE N 89°40' 01"W 8.35 FEET ALONG THE SOUTH LINE OF SAID WEST ' OF THE SOUTHWEST 1/4 OF SECTION 11 TO THE SOUTHERLY EXTENSION OF AN EXISTING FENCE LINE MARKED BY A #5 REBAR WITH A YELLOW PLASTIC CAP L.S. 13482; THENCE N 00°04'08" E 2631.05 FEET ALONG SAID EXISTING FENCE LINE TO THE NORTH LINE OF THE TRACT OF LAND CONVEYED TO AZALEA FARMS, LIMITED BY WARRANTY DEED RECORDED IN BOOK 931 AT RECEPTION NO. 1852633, RECORDED MARCH 18, 1981 MARKED BY A #5 REBAR WITH A YELLOW PLASTIC CAP L.S. 13482; THENCE S 89°31'31" E 21.50 FEET TO THE NORTHEAST CORNER OF SAID TRACT CONVEYED TO AZALEA FARMS, LIMITED AND THE EAST LINE OF SAID WEST ' OF THE SOUTHWEST 1/4 OF SECTION 11 MARKED BY A #5 REBAR WITH A 2" DIAMETER METAL CAP; THENCE S 00°21'19" W 2630.97 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL 3: LOT B OF RECORDED EXEMPTION NO. 1313-14-2-RE1400 RECORDED JULY 27, 1992 IN BOOK 1344 AS RECEPTION NO. 2297301, BEING A PORTION OF THE EAST 1 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. and WHEREAS, the development will increase traffic on County Road 22, and WHEREAS, the County Commissioners have requested the paving of a portion of Weld County Road 22, NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and DECLLC mutually agree as follows: A. To execute an agreement pursuant to the Weld County Policy Regarding Collateral for Improvements prior to the initiation of any development activities in the Del Camino East PUD which shall include provisions as follows: 1. Access onto Weld County Road 22 from the property shall be limited to 6 in the locations as indicated on the Del Camino East PUD Final Plat 2. DECLLC agrees to pay 100 %of the total improvement costs for Weld County Road 22 adjacent to the PUD at the time of development. The total improvement costs are currently estimated to be $ ******. DECLLC shall be eligible for reimbursement of the cost of street improvements adjacent to property not included in the Del Camino East PUD at the time of development H:\2862 003\01\ROADMAIN.WPD 990757 DRAFT - 8/25/97 - SUBJECT TO REVIEW AND APPROVAL of adjacent propertiresnot included in the Del Camino East, PUD. 3. Weld County Road 22 shall be improved from DCELLC's east property line west to the existing pavement on Weld County Road 22. The improvements shall consist of a 3 inch thick by 24 foot wide hot bituminous asphault wiith (2) 6 foot wide shoulders. The base course shall be 10 inches thick and shall be • Highway Class 6 aggregate. 4. DCELLC , through the paving contractor yet to be named, will warranty and maintain the improved portion of Weld County Road 22 for a period of one year, after such time the County shall be responsible for maintenance. 5. All construction and materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, latest edition. 6. The County will provide testing and inspection for the construction. 7. No lots shall be platted or shold that access Weld County Road 22 until such time that the above-mentioned portion of Weld County Road 22 is improved. B. DECLLC agrees to participate in a Local Improvement District pursuant to CRS 530-20-601 et seq. in the event one is established to fund the improvements to Weld County Road 22 provided that the projected assessment is equal to or less than the estimated cost of improvements in Paragraph A. In the event a Local Improvement District is established, DECLLC shall not be required to enter into the agreement set forth in Paragraph A. DECLLC shall agree to pay whatever amount is assessed according to the benefit to the property by the Local Improvement District which is currently estimated at $18,870.00 subject to the limitation stated herein. C. "Development Activities" include any construction, or issuance of building permits. D. Parties agree that this agreement shall constitute a covenant running with the land. H:\2862003\01\ROADMAIN.WPD 9'30'757 DRAFT - 8/25/97 - SUBJECT TO REVIEW AND APPROVAL IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. DEL CAMINO EAST, LLC. BOARD OF COUNTYCOMMISSIONERS By: Title: Title: ATTEST: Weld County Clerk and Recorder and Clerk to the Board By: H:12862_003\0 I\ROADMAIN.WPD 250757 ATTACHMENT 5 Covenants and Landscape Design Guidelines 990757 LANDSCAPE DESIGN GUIDELINES DEL CAMINO EAST, P.U.D. Appropriate landscape techniques should be used to provide for attractive, functional and environmentally sensitive environments. The following general guidelines shall apply to all landscape improvements: • Landscapes shall utilize the following Xeriscape design principals to facilitate water conservation and reduce the potential of wasting water: 1) well planned planting schemes; 2) appropriate turf selection to minimize the use of bluegrass; 3) use mulch to maintain soil moisture and reduce evaporation; 4) zoning of plant materials according to their micro climatic needs and water requirements; 5) improve the soil with organic matter if needed; 6) provide for efficient irrigation; and 7) proper maintenance and irrigation schedules. • All landscapes shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and non invasive may be used. Landscapes shall consist of a variety of species to enhance biodiversity. A partial list of appropriate plant materials is attached for use as a guideline. • Where possible, buildings and parking areas shall be located to preserve and promote the health of existing trees. This requirement is not intended to prevent the removal of unhealthy trees in conjunction with site development. • Whenever the use of property to be developed or redeveloped will conflict with the reasonable use of adjoining property, there shall be an opaque screen between the two properties. This screen may be accomplished through the use of a combination of berming, plantings and fencing. However, in no event shall a fence be the only screening material used. The screen shall moderate the impact of noise, light, unattractive aesthetics and traffic. • Landscape improvements shall be integrated in the overall site design for each property. Landscape areas shall be configured to maximize their interconnectivity within the site, to natural areas and to landscape areas within existing or future adjacent development. Small, isolated islands of landscaping should be avoided except as required in parking lots and for screening along roadways. • In order to provide for ongoing health and appearance of landscape improvements all landscaping shall be maintained and replaced by the landowner as necessary. All property owners shall be responsible for maintenance of landscaping within the portion of the public right-of-way between the back of the curb and the adjacent property line. 290757 x to c ° w u) . Q > u ° V <a V ti cts a) " > .- C 4 v, y L > O b 'O c`a d C p'� id w o0 E wC. O .E 0p �a N N N '4 O c O U .' '� *r C7 Z .10 3 E E 3 c E a .= 3 0 � 4 t a) C O a O O a ca U � .y aw ° c c cl N .O U C1' y a) a .n 4 ca . Cl, n R v 00 2 3 •o ' �y a 00 �n Cr ,a; '5 a) j. ° e, O X .73. 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'c7 Q U v C .� L O as .. `0 as O 'O OL ;4 , "o ca N n. u L f, 2 b u y Ca Fri a a A ♦ ♦ 0. 50'757 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO WEST (Home-Business Area) 950'757 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO WEST Table of Contents Ent ARTICLE I GENERAL 2 1.1 Community Area 2 1.2 Purposes of Declaration 2 1.3 Declaration 2 • ARTICLE 2 DEFINITION 2 2.1 Annexable Property 2 2.2 Community Area 3 2.3 County 3 2.4 Declaration 3 2.5 Declarant 3 2.6 Deed of Trust 3 2.7 Design Review Committee 3 2.8 District 3 2.9 Gross Floor Area 3 2.10 Improvement 3 2.11 Improvement to Property 3 2.12 eases • 3 2.13 Too 3 2.14 Member 4 2.15 Mortgage 4 2.16 Mortgagee 4 2.17 Mortgagor 4 2.18 No Building Areas 4 2.19 Notice of Completion 4 2.20 Owner • 4 2.21 Permitted Exceptions 4 2.22 Person 4 2.23 Plat 4 2.24 Property 4 2.25 Record or Recorded 4 2.26 RV Park(s) 5 2.27 Supplemental Declaration 5 ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA 5 3.1 Maintenance of Community Area 5 3.2 Property Uses 5 3.3 Type and Design of Building 5 r 0957 144931 -i- Table of Contents (continued) Page 3.4 Construction Tvve 5 3.5 Gross Floor Area 6 3.6 Manufacturing and Industrial Uses 6 3.7 No Noxious or Offensive Activity 6 3.8 Annoying Sounds or Odors 6 3.9 No Hazardous Activities 6 3.10 Building Materials 6 3.11 No Unsightliness 6 3.12 Weeds and Diseased Trees 6 3.13 Restrictions on Garbage and Trash 7 3.14 Animals 7 3.15 Wildlife 7 3.16 No Temporary Structures 7 3.17 Restrictions on Mining or Drilling 7 3.18 Maintenance of Drainage 7 3.19 Compliance with Laws 7 3.20 Further Subdivision of Lots 7 3.21 Restrictions on Sewage Disposal Systems 8 3.22 Restrictions on Water Systems 8 3.23 Restoration in the Event of Damage or Destruction 8 3.24 Storage 8 3.25 Vehicle Repairs 8 3.26 Storage of Gasoline and Explosives. Etc. 8 3.27 Trailers. Campers and Junk Vehicles 8 3.28 Owner's Right to Lease Lot 8 3.29 Permitted Exceptions 9 3.30 Doors 9 3.31 Building Height Limitation 9 3.32 Parking 9 3.33 Exterior Tanks 9 3.34. Landscaping 9 ARTICLE 4 ARCHITECTURAL APPROVAL 9 4.1 Approval of Improvements Recruited, 9 4.2 Improvement to Property Defined, 9 4.3 Membership of Committee 10 4.4 Address of Design Review Committee 10 4.5 Submission of Plans 10 4.6 Criteria for Approval 10 4.7 Design Standards 10 4.8 Design Review Fee 10 4.9 Decision of Committee 10 4.10 Failure of Committee to Act on Plans 11 4.11 Prosecution of Work After Approval 11 4.12 Notice of Completion 11 4.13 Inspection of Work 11 14801 _ 9430957 Table of Contents (continued) Page 4.14 Notice of Noncompliance 11 4.15 Failure of Committee to Act After Completion 11 4.16 No Implied Waiver or Estopvet 11 4.17 Committee Power to Grant Variances 12 4.18 Meetings of Committee 12 4.19 Records of Actions 12 4.20 Estoppel Certificates 12 4.21 Nottliability of Committee Action 12 4.22 Construction Period Exceedoq 12 ARTICLE 5 DISTRICT 13 5.1 Owner's Understanding 13 5.2 Special District 13 5.3 Right to Enter 13 ARTICLE 6 DECLARANT'S RIGHTS AND RESERVATIONS 13 6.1 Period of Declarant's Rights and Reservations 13 6.2 Declarant's Rights to Complete Development of Community Area 13 6.3 Declarant's Rights to Grant and Create Easements 14 6.4 Declarant's Rights to Convey Additional Property to District 14 6.5 Annexation of Additional Properties 14 6.6 Withdrawal of Annexed Property 15 6.7 Expansion of Permitted Property Uses 15 ARTICLE 7 MISCELLANEOUS 15 7.1 Term of Declaration 15 7.2 Amendment of Declaration by Declarant 16 7.3 Amendment of Declaration by Owners 16 7.4 Priority of First Mortgage Over Assessments 16 7.5 Noting 16 7.6 Indemnification 16 7.7 Violations Constitute a Nuisance 16 7.8 Enforcement of Self-Help 16 7.9 Violations of Law 16 7.10 Remedies Cumulative 17 7.11 Costs and Attorneys' Fees 17 7.12 Limitation on Liability 17 7.13 Liberal Interpretation 17 7.14 Governing Law 17 7.15 Severability 17 7.16 Number and Gender 17 7.17 Captions for Convenience 17 7.18 Mergers or Consolidations 17 weoi -ii.- cLIC:015 4ry Table of Contents (continued) Pau 7.20 CCIOA Exemption 17 7.21 Disclaimer Re¢ardina Safety 18 7.22 NO REPRESENTATIONS OR WARRANTEES 18 4 1 9530957 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO WEST THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declara- tion") is made as of this _ day of , 1997, by DEL CAMINO EAST, LLP, a Colorado limited liability partnership ("Declarant"). • ARTICLE 1 GENERAL 1.1 Community Area. Declarant is the owner of that certain parcel of land consisting of approximately one hundred fifty-five (155) acres located in the County of Weld, Colorado, more particularly described on Exhibit A attached hereto, which is defined in this Declaration as the "Property." Declarant intends to develop the Property, subject to the Permitted Exceptions, as a business/industrial/commercial park with related residential uses and small RV Parks (as hereinafter defined), with Lots having a minimum size of one (1) acre. 1.2 Purposes of Declaration. This Declaration is executed (a) in furtherance of a common and general plan for the development of the Community Area, as hereinafter defined; (b) to protect and enhance the quality, value, aesthetic, desirability and attractiveness of the Community Area; and (c) to define certain duties, powers and rights of Owners of Lots within the Community Area. 1.3 Declaration. Declarant, for itself, its successors and assigns, hereby declares that the Property, and all property which becomes subject to this Declaration in the manner hereinafter provided from the date the same becomes subject to this Declaration, shall be owned, held, transferred, conveyed, sold,leased,rented,hypothecated, encumbered, used,occupied,maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration. The provisions of this Declaration are intended to and shall run with the land and, until their expiration in accordance with the terms hereof, shall bind, be a charge upon and inure to the mutual benefit of: (a) the Property and all property which becomes part of the Community Area; (b) Declarant and its successors and assigns; and (c) all Persons having or acquiring any right, title or interest in the Property or in any property which becomes part of the Community Area, or any Improvement thereon, and their heirs, personal representatives, successors or assigns. This Declaration shall be Recorded in every county in which any portion of the Community Area is located and shall be indexed in the grantee's index in the name of Del Camino East, LLP and in the Grantor's Index in the name of each person or entity executing this Declaration. ARTICLE 2 DEFINITIONS Unless otherwise expressly provided herein, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified. 2.1 Annexable Property. "Annexable Property" shall mean that real property more particular- ly described on Exhibit B attached hereto and which may be annexed to, and made a part of the Community Area as more particularly provided herein. IMS31 n4C't3'75'7 2.2 Community Area. "Community Area" shall mean the real property which is described on Exhibit A attached hereto and all other real property which is made subject to the terms and provisions of this Declaration. 2.3 County. "County" shall mean Weld County, Colorado. 2.4 Declaration. "Declaration" shall mean this instrument as it may be amended or supplemented from time to time. 2.5 Declarant. "Declarant" shall mean Del Camino East, LLP, a Colorado limited liability partnership, its snrressors and assigns. A Person shall be deemed to be a "successor and assign" of Del Camino, LLP, as Declarant only if specifically designated in a duly Recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in the written instrument. However, a successor to Declarant by consolidation or merger shall automatically be deemed a successor or assign of Declarant as Declarant under this Declaration. Notwithstanding the foregoing, it is hereby acknowledged that if for any reason, the named Declarant fails to acquire all or any portion of the Annexable Prup,.rty, then at any time during which such Annexable Property may be annexed to the provisions of this Declaration, the owner(s)thereof shall have the right to annex all or such portion of the Annexable Property as said third party then owns, even though it is not designated for any other purpose as a Declarant hereunder. 2.6 Deed of Trust. "Deed of Trust" shall mean a Mortgage. 2.7 Design Review Committee. "Design Review Committee" shall mean the Committee provided for in Article 4 of this Declaration. 2.8 District. "District" shall mean and refer to Del Camino East Metropolitan District. 2.9 Gross Floor Area. "Gross Floor Area" shall mean the maximum allowable square footage of all improvements which can be constructed on a Lot. 2.10 Improvement. "Improvement" shall mean ail structures and improvements located upon or made to a Lot and any appurtenances thereto of every type or kind, including, but not limited to, buildings, outbuildings, warehouse facilities, storage facilities, light manufacturing facilities, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences,screening walls,retaining walls,stairs, decks,patios,porches, sheds, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water softener fixtures. 2.11 Improvement to Pronerty. "Improvement to Property" shall mean any change, alteration, or addition to any Lot or property located within the Community Area. "Improvement to Property" is more particularly defined in Article IV of this Declaration. 2.12 Leases. "Lease" shall mean and refer to any agreement for the leasing or rental of a Lot, or any Improvement located thereon and shall specifically include, without limitation, a month-to-month rental. 2.13 km. "Lot" shall mean a physical portion of the Community Area which is designated for separate ownership or occupancy and the boundaries of which are depicted upon the Plat together r. 144801 3 999757 with a non-exclusive easement for use and enjoyment in any property owned by the District. The term Lot shall not include any property owned by a public body. 2.14 Member. "Member" shall mean the Person or, if more than one, all Persons collectively, who constitute the Owner of a Lot. 2.15 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such instrument given voluntarily by the Owner of a Lot, which encumbers such Lot to secure the performance of an obligation or the payment of a debt and which is required to be released upon performance of the obligation or payment of the debt. The term "Deed of Trust" when used herein shall be synonymous with the term "Mortgage." 2.16 Mortgagee. "Mortgagee" shall mean a mortgagee under a Mortgage or a beneficiary under a Deed of Trust, as the case may be, and the assignees of such Mortgagee. 2.17 Mortgagor. "Mortgagor" shall mean the Person who mortgages his or its property to another (i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or grantor under a Deed of Trust. 2.18 No Building Areas. "No Building Areas" are those areas designated on the Plat or any Supplemental Plat which form parts of Lots wherein the Owner may erect fencing and landscaping but shall not erect any other permanent structures. 2.19 Notice of Completion. "Notice of Completion" shall mean written notice to the Design Review Committee of the completion of any Improvement to Property pursuant to Article 4 of this Declaration. 2.20 Owner. "Owner" shall mean the Person, including Declarant, or, if more than one, all Persons collectively, who hold fee simple title to a Lot, including sellers under executory contracts of sale • and excluding buyers thereunder. For purposes of terminating or amending this Declaration as set forth in Article 7 below, each Owner shall have the right to exercise one vote for each Lot owned by it. A majority of Owners must cast their votes in person or by proxy for a quorum to be present. 2.21 Permitted Exceptions. "Permitted Exceptions" shall mean all encumbrances, liens, restrictions, easements and other items of record which affect the Community Area and which are more particularly described on Exhibit C attached hereto. • 2.22 Person. "Person" shall mean a natural person, a corporation, a partnership, a limited liability company or any other entity permitted to hold tide to real property pursuant to Colorado law. 2.23 BIM. "Nat" shall mean and include the land survey plat which depicts all or a portion of the Community Area and which further depicts and locates thereon the location of Lots and such other matters as may be required by law. The Plat, and the terms and provisions thereof, are hereby incorporated herein by reference. The term "Plat" shall also include all amendments thereto and such other Supplemental Plats recorded by the Declarant for the purposes of annexing real property to the Community Area. 2.24 Property. "Property" shall mean the real property more particularly described on Exhibit A attached hereto. 2.25 Record or Recorded. "Record" or "Recorded" shall mean the filing for record of any document in the office of the Clerk and Recorder of the County. 0°0'75 imam 4 '7 2.26 RV Park(s). "RV Park(s)" shall have the meaning set forth in Section 3.2 below. 2.27 Supplemental Declaration. "Supplemental Declaration" shall mean a written instrument containing covenants, conditions, restrictions, reservations, easements or equitable servitudes, or any combination thereof and which is recorded in conjunction with the annexation of additional real property to the Community Area. 2.28 Supplemental Plat. "Supplemental Plat" shall mean and include any land survey plat which is Recorded by Declarant for the purpose of annnzing the real property described thereon to the Community Area. ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA All real property within the Community Area shall be held, used, and enjoyed subject to the following limitations and restrictions and subject to the rights and reservations of Declarant set forth in this Declaration. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Design Review Committee if such strict application would be unreasonably or unduly harsh under the circumstances. Any such modification or waiver must be in writing or be contained in written guidelines or rules promulgated by the Design Review Commit- tee. 3.1 Maintenance of Community Area. No property within the Community Area shall be permitted to fall into disrepair and all property within the Community Area,including any Improvements, shall be kept and maintained in a clean, attractive, and sightly condition. Notwithstanding any maintenance or repair obligations assumed by the District under this Declaration or otherwise, mainte- nance, repair, and upkeep of each Lot shall be the ultimate responsibility of the Owner of the Lot. 3.2 Property Uses. All Lots shall be used for either business/industrial/commercial purposes or as recreational vehicle parks for the use of, parking of and display of recreational vehicles ("RV Park(s)"). In addition, those Lots used for business/industrial/commercial purposes may include an incidental single family residence, opt vided_occupancy of such residence is never the primary use of such Lot. Should an Owner use a Lot primarily for residential purposes such Owner will be in default under •this Declaration and Declarant, the District and/or the other Owners shall be entitled to all remedies available under this Declaration, at law or in equity. Each Lot may consist of one or several buildings provided the Gross Floor Area for such Lot is not exceeded. AlLbusimss/industrial[cornmerciaLuses shall be performed inside of buildings constructed on a Lot and all outside storage shall be screened from adjacent Lots. Any Lot used as an RV Park shall be self contained and well screened from other Lots. 3.3 Type and Design of Building. In order to produce an architecturally compatible unified Community Area, each building in the Community Area, now or in the future, shall be of first quality construction and architecturally designed so that its exterior elevation(including signs) and color will be architecturally and aesthetically compatible and harmonious with all other buildings in the Community Area. No building within the Community Area may be constructed nor the exterior of any existing building changed (including, without limitation, signs and color) without the prior written approval of the Design Review Committee as to the exterior design, color and elevations of the building to be constructed or modified. No building within the Community Area shall be built in such a manner as to adversely affect the structural integrity of any other building in the Community Area. 3.4 Construction Type. All construction in the Community Area shall be performed in a good and workmanlike manner and of quality materials; provided, however, that no modular or prefab 14,801 5 990757 structures shall be allowed. Architectural standards are established to the end that the Properties may benefit from the natural advantages of its particular location. While the standards for architectural style are flexible, compatibility with the informal natural.environment is required. All buildings must be designed to fit the natural contours of the Lot without excessive grading. 3.5 Gross Floor Area. The Gross Floor Area of all buildings contained on a Lot shall not exceed the ratio of one-half (1/2) square foot of Gross Floor Area for each one (1) square foot of land contained in such Lot. The Owner of two (2) or more contiguous Lots may combine such Lots for determining the Gross Floor Area that can be constructed on the combined Lots; provided, however, that should Improvements be constructed on such Lots based on a Gross Floor Area which uses all such Lots then such Lots shall be conveyed together from and after the construction of Improvements thereon as long as such Improvements remain thereon. 3.6 Manufacturing and Industrial Uses. Both light and heavy manufacturing and industrial uses will be permitted: provided, however, that no such uses shall create noxious or offense activities or annoying sounds or odors as set forth below and that all Improvements for such uses shall be subject to the approval of the Design Review Committee. 3.7 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any property within the Community Area, nor shall anything be done or placed thereon which is or may become a nuisance or cause an unreasonable disturbance, or annoyance to others. Activities carried on upon any Lot or in any Improvement thereon shall be consistent with the Community Area's development as a business/industrial/commercial community. 3.8 Annoying Sounds or Odom. No sound or odor shall be emitted from any property within the Community Area which is noxious or unreasonably offensive to others. Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, other than security devices used exclusively for security purposes, shall be located or used on any property except with the prior written approval of the Design Review Committee and shall comply with all applicable laws. 3.9 No Hazardous Activities. No activity shall be conducted on, and no Improvement shall be constructed on, any property within the Community Area which is or might be unsafe or harardous to any Person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any property within the Community Area and no open fires shall be lighted or permitted on any property within the Community Area except in a contained unit while attended or within an inte- rior or exterior fireplace or similar device designed to prevent the dispersal of burning embers, gases or other substances. 3.10 Building Materials. No building materials shall be stored on any Lot except temporarily during continuous construction or alteration of Improvements thereon, unless otherwise approved by the Design Review Committee. 3.11 No Unsightliness. All unsightly conditions, structures, facilities,equipment, objects, and conditions shall be enclosed within a structure, including snow removal equipment or maintenance equipment, except when in actual use. • 3.12 Weeds and Diseased Trees. All yards and open spaces and the entire area of every Lot on which no Improvement has been constructed shall be kept mowed to a maximum height of 6 inches. In addition, each Lot shall be kept free from brush or other growth which, in the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire. All yards and open spaces and the entire area of every Lot on which no building has been constructed, shall be kept free from plant 6 wan e°9757 or weeds infected with noxious insects or plant diseases and from weeds which, in the opinion of the Design Review Committee, are likely to cause the spread of infection or weeds to neighboring property. Trees infected with mistletoe, pine beetle or other diseases shall be removed by the Owner. 3.13 Restrictions on Garbage and Trash. No refuse,garbage,trash, lumber, grass, shrub, tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse or debris of any kind shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from view, except that any container containing such materials may be placed outside at such times as may be necessary to permit garbage or trash pick-up. Burning of trash is prohibited. The Declarant reserves the right to select a company to be the exclusive supplier of trash pickup for the Property. 3.14 Animals. No animals, live stock or poultry of any kind shall be raised, bred or kept on any Lot, except that domesticated birds or fish and other small domestic animals permanently confined indoors will be allowed. No other animals, except an aggregate of not more than three domesticated animals (e.g., two cats and one dog), will be permitted on a Lot; provided that they are not kept, bred, or maintained for any commercial purpose. No animal of any kind shall be permitted which in the opinion of the Review Committee makes an unreasonable amount of noise or odor or is a nnisance. All animals shall be controlled by their Owner and shall not be allowed off the Owner's Lot except when properly leashed and accompanied by the pet Owner.or such Owner's representative. Each Owner of a household pet shall be financially responsible and liable for any damage caused by said household pet. 3.15 Wildlife. Insofar as the Property is abundant with plant and animal life including both mammals and birds, the Lots and Annexable Property shall be used by all Owners only in such a manner as is consistent with the preservation of animals and their natural habitat. Therefore, the Property shall not be subjected to any kind of intensive or destructive use or activity which might otherwise result in avoidable damage to the existing animal habitats. 3.16 No Temporary Strictures. Temporary structures or temporary buildings shall be allowed to be placed upon any property within the Community Area for a period of no more than three(3)months unless the prior written consent of the Design Review Committee is otherwise received. 3.17 Restrictions on Mining or Drilling. No property within the Community Area shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel or earth. 3.18 Maintenance of Drainage. There shall be no interference with the established drainage pattern over any property within the Community Area except as approved in writing by the Design Review Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed and shall include any established drainage pattern shown on any plans approved by the Design Review Committee. The established drainage pattern may include the drainage pattern: (a) from any property owned by the County or other Persons over any Lot; (b) from any Lot over property owned by the County or other Persons; from any property owned by the District over any Lot; (d) from any Lot over any property owned by the District; or (e) from any Lot over another Lot. 3.19 Compliance with Laws. Nothing shall be done or kept on any property within the Community Area in violation of any law, ordinance, rule or regulation of any governmental authority having jurisdiction over the Community Area. 3.20 Further Subdivision of Lots. The Owner of a Lot shall not further subdivide that Lot. 7 90'757 3.21 Restrictions on Sewage Disposal Systems. No cesspool, septic tank or other sewage disposal system shall be installed within the Community Area without the prior written consent of the Design Review Committee. Any sewage disposal system installed for property within the Community Area shall be subject to all applicable laws, rules and regulations of any governmental authority having jurisdiction over the Community Area. 3.22 Restrictions on Water Systems. No individual water supply system shall be installed or maintained for any property within the Community Area unless such system is approved in writing by the Design Review Committee and is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any applicable water and sanitation district or other governmental authority having jurisdiction. 3.23 Restoration in the Event of Damage or Destruction. In the event of the damage or destruction of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed Improvement to be restored or replaced to its original condition or such other condition as may be approved in writing by the Design Review Committee, or the Owner shall cause the damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to the approval of the Design Review Committee, so as to present a pleasing and attractive appearance. 3.24 Storage. No building materials shall be stored on any Lot except temporarily during continuous construction of an Improvement or if properly screened. 3.25 Vehicle Repairs. No maintenance,servicing,repair, dismantling or repainting of any type of vehicle, boat, machine or device may be carried on except within a completely enclosed structure which screens the sight and sound of such activity from the street and from other Lots. 3.26 Storage of Gasoline and Explosives. Etc. No Lot shall be used for the storage of explosives, gasoline or other volatile and/or incendiary materials or devices except in accordance with all applicable laws. 3.27 Trailers. Campers and Junk Vehicles. Except on those Lots designated as RV Parks no boat, camper(on or off supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle(both cabs or trailers), towed trailer unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home, recreational vehicle, or any other vehicle shall be parked or stored in, on, or about any Lot or street within the Community Area except in a structure or unless properly screened from view. Permanent mobile/manufacmred homes will be allowed in the RV Parks only if previously approved by the Design Review Committee and shall be subject to any applicable County rules, regulations and ordinances. 3.28 Owner's Right to Lease Lot. All Owners shall have the right to lease such Owner's Lot provided that: (a) all Leases shall be in writing; (b) all Leases shall provide that the terms of the Lease and the lessee's occupancy of the Lot shall be subject to this Declaration and that any failure by the lessee to comply with any of the aforesaid documents in any respect shall be a default under such Lease; (c) all Leases shall provide that the terms of the Lease and the lessee's occupancy of the Lot shall be subject to the ordinances, regulations and fees of the District and that any failure by the lessee to comply with any of the aforesaid obligations in any respect shall be a default under such Lease; and (d) such Owner shall notify the Declarant immediately upon the leasing of such Lot and register with Declarant both the name(s) of the tenant(s) and new mailing information for notices to be sent by the Declarant directly to such Owner. wool 8 n` 0157 3.29 Permitted Exceotions,. By acceptance of a deed for a Lot within the Community Area, all Owners of Lots within the Community Area acknowledge that all or portions of the Property may be subject to, or benefitted by, the Permitted Exceptions, including, but not limited to, ail easement and licenses described therein. 3.30 Doors. All doors used for entry into and exit from any Improvements on a Lot, including, but not limited to, garage doors and dock doors shall be kept closed except when being used to permit ingress or egress to or from the Improvement. 3.31 Building Height Limitation. (d) All buildings within the Community Area shall be constructed to such height limits as may be imposed from time to time by the County and/or the Design Review Committee. 3.32 Parking. Except as expressly heretofore provided or on a temporary basis of not more than hours, no part of the public street adjoining the Properties or other public areas, unless specifically designated by the Design Review Committee, shall be used for the parking, storage or display of any vehicles. 3.33 Exterior Tanks. No owner shall maintain or place upon an lot any above-ground swimming pool, filter tank, fuel tank, propane tank, or similar devices unless the same are enclosed or screened so as not to be visible from streets or adjoining lots. 3.34 Landscaping. Within six (6) months after substantial completion of the Improvements on a Lot, or within any extension of that period granted by the Design Review Committee, all yards and open space on the Lot shall be landscaped.and irrigated in a manner that is attractive, functional, environmentally sensitive and compatible with existing environmental and ecological conditions. Landscaping plans, including appropriate irrigation system plans, shall be subject to the prior written approval of the Design Review Committee. Landscaping may include partial areas of natural vegetation and preservation of native grasses, trees, and shrubs. ARTICLE 4 ARCHITECTURAL APPROVAL 4.1 Approval of Improvements Reauired. The approval of the Design Review Committee shall be required for any Improvement to Property on any Lot except: (a) for any Improvement to Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration; and (c) where prior approval of Improvements to Property may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Design Review Committee. 4.2 Improvement to Property Defined. "Improvement to Property" requiring approval of the Design Review Committee shall mean and include, without limitation: (a) the construction, installation, erection or expansion of any building, structure, landscaping, trees, irrigation systems or other Improve- ment, including utility facilities and fences; (b) the removal, demolition or destruction, by voluntary action, of any building, structure, landscaping, trees, irrigation systems or other Improvement; (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 stream bed; and (d) any change or alteration of any previously approved Improvement to Property including any change of exterior appearance. color, or texture. IM 9 tie 0757 4.3 Membership of Committee. The Design Review Committee shall consist of three (3) members, all of whom shall be appointed by Declarant. Members of the Design Review Committee appointed by Declarant may be removed at any time by Declarant and shall serve for such term as may be designated by Declarant or until resignation or removal by Declarant. Declarant may at any time and from time to time change the authorized number of members of the Design Review Committee, but the number of members of the Design Review Committee shall not be less than three (3). 4.4 Address of Design Review Committee. The address of the Design Review Committee shall be at the principal office of Declarant. 4.5 Submission of Plans. Prior to commencement of work to accomplish any proposed Improvement to Property, the Person proposing to make such Improvement to Property ("Applicant") shall submit to the Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans,specifications and samples of materials and colors as the Design Review Committee shall request showing the nature, kind, shape, height, width, color, materials and location of the proposed Improvement to Property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or its authorized agent. The Design Review Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of all required materials in connection with the proposed Improvement to Property, the Design Review Committee may postpone review of any materials submitted for approval. 4.6 Criteria for Approval. The Design Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that: (a) the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Community Area as a whole; (b) the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Community Area; (c) the Improvement to Property will not detract from the beauty, wholesomeness and attractiveness of the Community Area or the enjoyment thereof by Owners; (d) the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the any other party other than Owner; and(e) the proposed Improvement to Property does not affect the drainage plan for the Community Area or any portion thereof. The Design Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Design Review Committee may deem appropriate. 4.7 Design Standards. The Design Review Committee may issue standards or rules("Design Standards") relating to the procedures, materials to be submitted, fees and additional factors which will be taken into consideration in connection with the approval of any proposed Improvement to Property. The Design Standards 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. The Design Standards may waive the requirement for approval of certain Improvements to Property or 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. 4.8 Design Review Fee. The Design Review Committee may, through the Design Standards or otherwise, provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Design Review Committee may provide that the amount of such fee shall be uniform for similar types of proposed Improvements to Property or that the fee shall be determined in any other reasonable manner including the estimated cost of the proposed Improvement to Property. 4.9 Decision of Committee. Any decision of the Design Review Committee shall be made within thirty (30) days after receipt by the Design Review Committee of all materials required by the 14,101 10 ('4'.0",7557 Design 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 a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted CO the Applicant at the address furnished by the Applicant to the Design Review Committee. 4.10 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 Design Review Committee within thirty (30) days after the date of receipt by the Design Review Committee of all required materials. 4.11 Prosecution of Work After Approval. After approval of any proposed Improvement to Property, the proposed Improvement to Property shall be accomplished as promptly and diligently as possible and in complete conformity with: (a) the description of the proposed Improvement to Property; (b) any materials submitted to the Design Review Committee in connection with the proposed Improve- ment to Property; and(c) any conditions imposed by the Design Review Committee. Failure to complete the proposed Improvement to Property within eighteen (18) months after the daze of approval or such shorter period as specified in writing by the Design Review Committee, or to complete the Improvement to Property in accordance with the description and materials furnished to, and the conditions imposed by, the Design Review Committee, shall constitute noncompliance with the requirements for approval of Improvements to Property. 4.12 Notice of Completion. Upon completion of the Improvement to Property, the Applicant may give written Notice of Completion to the Design Review Committee. Until the daze of receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement to Property. 4.13 Inspection of Work. The Design Review Committee or its duly authorized representative shall have the right to inspect any Improvement to Property prior to or after completion; provided that the right of inspection shall terminate thirty (30) days after,the Design Review Committee shall have received a Notice of Completion from Applicant. 4.14 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Design Review Committee or was not done in complete conformity with the description and materials furnished to, and any conditions imposed by, the Design Review Committee, the Design Review Com- mittee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within thirty (30) days after the Design 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. 4.15 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any non- compliance within thirty (30) days after receipt by the Design Review Committee of written Notice of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date of Notice of Completion. 4.16 No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee shall constitute a waiver or estoppel with respect to future action by the Design Review Committee with respect to any Improvement to Property. The approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any right to withhold approval for any similar Improvement to Property or any similar proposals, plans, specifications or other materials submitted with respect to any other Improvement to Property. 144101 11 0°0'757 4.17 Committee Power to Grant Variances. The Design Review Committee may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require such variances. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Design Review Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 4.18 Meetings of Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Design 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 Design Review Committee, except the granting of approval to any Improvement to Property and granting of variances. The action of such Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Design Review Committee shall constitute the action of the Design Review Committee. 4.19 Records of Actions. The Design Review Committee shall report in writing to the Declarant all final actions of the Design Review Committee, and the Declarant shall keep a permanent record of such reported action. 4.20 Estoppel Certificates. The Declarant shall, upon the reasonable request of any interested Person and after confirming any necessary facts with the Design 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. 4.21 Nonliability of Committee Action. There shall be no liability imposed on the Design Review Committee, any member of the Design Review Committee, any Committee Representative or Declarant for any loss, damage, cost, expense or injury arising out of or in any way connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct of the party to be held liable. In reviewing any matter, the Design 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 such Improvement to Property's conformance with building codes or other governmental laws or regulations. 4.22 Construction Period Exception. During the course of actual construction of any permitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design Review Committee shall temporarily suspend the provisions contained in this Declaration as to the property upon which the construction is taking place to the extent necessary to permit such construction, provided that during the course of any such construction, nothing is done which will result in a violation of any of the provisions of this Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable interference with the use and enjoyment of other property within the Community Area. ARTICLE 5 i<+eoi 12 0 )'757 DISTRICT • 5.1 Owner's Understanding. The property is subject to an overall Development Plan and Sketch Plan that has been approved by the Planning Commission of the County. The Development Plan and Sketch Plan is a general proposal for the future development and is not meant to be exact and may be subject to modification. Ownership hereunder implies a knowledge and acceptance of the existing Development Plan and Sketch Plan and an acquiescence in its future modification so long as said modification does not substantially increase the overall density of the original Development Plan and Sketch Plan or does not materially affect the Owners use of its Lot. 5.2 Special District. The Owners further recognize and understand that the Property is within the boundaries of the District which supplies various municipal, maintenance and recreational services to the property and that the Owners' Lots are subject to the ordinances, regulations, and various fees and charges now in force or which might be adopted by the District. 5.3 Right to Enter. The Owners further recognize and understand that the District, and its represrnrative designees, shall have the right to enter and pass through any Lot or any part or parts thereof to perform the maintenance and services provided for under this Declaration, or as the District may be required to make in order to comply with laws and requirements of public authorities or insurance bodies. The District's right of access shall be not unreasonably interfere with an Owner's use and enjoyment of such Lot, except in case of emergency. ARTICLE 6 DECLARANT'S RIGHTS AND RESERVATIONS 6.1 Period of Declarant's Rights and Reservations. Declarant shall have, retain and reserve certain rights as hereinafter set forth in this Article 6 from the date hereof, until the earlier of: (a) 120 days after the date upon which seventy-five percent (75%) of the total number of the planned Lots have been conveyed to Owners other than the Declarant; or(b) the later of(i) the date which is seven(7) years following the recordation of this Declaration or (ii) the date which is five (5) years following the recordation of the most recently recorded Supplemental Declaration as set forth in Section 6.5. The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each deed or other instrument by which any property within the Community Area is conveyed by Declarant. The rights, reservations and easements hereinafter set forth shall be prior and superior to any other provisions of this Declaration and may not, without Declarant's prior written consent, be modified, amended, rescinded or affected by any amendment of this Declaration. Declarant's consent to any one such amendment shall not be construed as consent to any other subsequent amendment. Declarant makes no assurances that Declarant will exercise the rights reserved by Declarant herein with respect to all or any portion of the Community Area and Declarant reserves the right to exercise such rights with respect to the Community Area in such time frames and in such a manner as Declarant deems fit in its sole and absolute discretion. 6.2 Declarant's Rights to Complete Development of Community Area. No provision of this Declaration shall be construed to prevent or limit Declarant's rights to (a) complete the development of property within the boundaries of the Community Area; (b) construct or alter Improvements on any property owned by Declarant within the Community.Area, including temporary buildings; (c) maintain temporary buildings or offices for construction or sales purposes, or similar facilities on any property owned by Declarant within the Community Area; or (d) post signs incidental to the development, construction, promotion, marketing or sales of property within the Community Area. Nothing contained in this Declaration shall limit the right of Declarant or require Declarant to obtain approvals to: (a) excavate, cut, fill or grade any property owned by Declarant or to construct, alter, demolish or replace • (44801 13 QQn?57 any Improvements on any property owned by Declarant; (b) use any structure on any property owned by Declarant as a construction or real estate sales office in connection with the sale of any property within the boundaries of the Community Area; or (c) to require Declarant to seek or obtain the approval of the Design Review Committee for any such activity or Improvement to Property on any property owned by Declarant. Nothing in this Declaration shall limit or impair the reserved rights of Declarant as elsewhere provided in this Declaration. 6.3 Declarant's Rights to Grant and Create Easements. Declarant shall have and hereby reserves the right to grant or create temporary or permanent easements for access, utilities, drainage, and water in, on, under, over and across Lots owned.by Declarant for any purpose incident to the develop- ment and sale of Lots within the Community Area. 6.4 Declarant's Rights to Convey Additional Property to District. Declarant shall have and hereby reserves the right, but not the obligation to convey additional real property and Improvements thereon to the District at any time and from time to time in accordance within this Declaration. 6.5 Annexation of Additional Properties. Declarant hereby reserves the right, for the period set forth in this Article 6, (for itself or any then owner of all or any portion of the Annexable Property) to annex additional real property to the Community Area in accordant.. with the following terms and provisions: (a) Right to Annex Additional Property. Declarant (which for purposes of this Section only shall be deemed to include any then owner of all or any portion of the Annexable Property) shall have and hereby reserves the right to annex the Annexable Property to the Community Area. In accordance with the foregoing, each Owner of a Lot within the Community Area grants to Declarant the right to annex the Annexable Property to the Community Area as more particularly set forth in this Article 6. Notwithstanding the foregoing, Declarant reserves the right to convey all or any portion of the Annexable Property to such third party or parties as Declarant deems appropriate whether for purposes consistent with the Declaration or otherwise. Declarant makes no assurances that all or any portion of the Annexable Property will be annexed to the Community Area and Declarant reserves the right to annex all or any portion of the Annexable Property to the Community Area in such order and in such a manner as Declarant deems fit in its sole and absolute discretion. (b) Annexation Procedure. The annexation of additional real property to the Community Area by Declarant shall be effectuated by the filing of record with the Clerk and Recorder of the County, and the county in which the Annexable Property is located if different than the County, of: (a) a Supplemental Declaration containing a legal description of the real property to be annexed to the Community Area and such other terms and provisions as Declarant may prescribe in accordance with the terms and provisions hereof; and (b) a Supplemental Plat or map which depicts the real property to be annexed to the Community Area and which otherwise contains all information required by law. The Supplemental Declaration shall incorporate the covenants, conditions and restrictions set forth herein and contain such additional covenants, conditions,restrictions, limitations, reservations, exceptions, equitable servitudes and provisions as Declarant may impose on such annexed property taking into account the unique and particular aspects of the proposed development of the real property encumbered by such Supplemental Declaration. Declarant shall have the right to reserve in a Supplemental Declaration any and all development rights which Declarant deems necessary or appropriate to complete the development of the property being annexed to the Community Area or which is otherwise necessary to meet the unique and particular aspects of such property. (c) Effect of Expansion. Upon recordation of a Supplemental Declaration and a Supplemental Plat, the property described therein shall be subject to all covenants, conditions, restric- tions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this 144101 14 04-'0757 Declaration. In the event any real property is annexed to the Community Area as provided herein, the definitions used in this Declaration shall automatically be expanded to encompass and refer to the Community Area as expanded. Accordingly, the term "Community Area" shall mean the real property described herein plus all additional real property annexed thereto pursuant to a Supplemental Declaration. The term "Lots" shall include those areas described as such herein and on the Plat as well as those areas so designated within any Supplemental Declaration or upon any Supplemental Plat. References to this Declaration shall mean this Declaration as so supplemented by any Supplemental Declaration. Upon recordation of a Supplemental Declaration and Supplemental Plat, every Owner of a Lot in such annexed area shall, by virtue of ownership of such Lot, be a Member of the District and shall be entitled to the same rights and privileges and subject to the same duties and obligations as any other District Member, which rights and obligations shall include, but shall not be limited to, the obligation to pay District fees. (d) Annexation of Additional Unspecified Real Estate. Declarant hereby reserves the right, for the period set forth in this Article 6, to annex additional, unspecified real estate to the Community Area to the fullest extent permitted by law. In the event that Declarant elects to annex such additional property, Declarant shall annex such property to the Community in accordance with the provisions of this Article 6. 6.6 Withdrawal of Annexed Property. Property for which a Supplemental Declaration has been recorded may be withdrawn from the Community Area by Declarant at any time prior to the time that any Lot contained therein has been conveyed to a third party. Such withdrawal may be accomplished by the execution, acknowledgment, and recordation of a "Notice of Withdrawal." The Notice of Withdrawal shall: (a) be executed and acknowledged by Declarant, as the Owner of the property being withdrawn: (b) contain an adequate legal description of the property being withdrawn from the Community Area; (c) contain a reference to the Supplemental Declaration by which such property was annexed to the Community Area including the date thereof and recording information of such Supplemen- tal Declaration: (d) contain a statement and declaration that the such property is withdrawn from the Community Area and shall not be thereafter subject to this Declaration or the Supplemental Declaration for such property. The withdrawal of such property from the Community Area shall be effective upon the recordation of the Notice of Withdrawal and, upon the recordation of the Notice of Withdrawal, the property described therein shall no longer be part of the Community Area or subject to this Declaration or Supplemental Declaration for such Property. 6.7 Expansion of Permitted Property Uses. Notwithstanding anything to the contrary contained herein. Declarant reserves the right to expand the permitted uses for Lots as provided in Article 3 hereof provided that such uses: (a) are consistent with Declarant's overall development plan for the Community Area; and (b) are in accordance with County rules, regulations, requirements and approvals. ARTICLE 7 MISCELLANEOUS 7.1 Term of Declaration. Unless amended as herein provided, each provision contained in this Declaration shall continue and remain in full force and effect until December 31, 2050, and thereafter shall be automatically extended for successive periods of ten (10) years each unless terminated by the vote, by written ballot, of Owners holding at least seventy-five percent (75%) of the voting power of Owners of Lots entitled to vote. In the event this Declaration is terminated, the termination of this Declaration shall be evidenced by a termination agreement ("Termination Agreement"), or ratification thereof, executed by the requisite number of Owners. The Termination Agreement shall specify a date after which the Termination Agreement will be void unless recorded before such date. The Termination ..�� 15 g'O 757 Agreement shall be recorded and the termination of this Declaration shall be effective upon such recording. 7.2 Amendment of Declaration by Declarant. Until such time as Declarant has conveyed any portion of the Community Area to a third parry, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the recordation of a written instrument, executed by Declarant,setting forth such amendment or termination. 7.3 Amendment of Declaration by Owners. Except as otherwise provided in this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed and any action may be taken at any time and from time to time upon approval of the amendment by Owners holding at least seventy-five percent (75%) of the voting power of the Owners entitled to vote. The approval of any such amendment or repeal shall be evidenced by a certification executed by the requisite number of Owners. The amendment shall be effective upon the recordation of a certificate, executed by the Declarant setting forth the amendment in full and certifying that the amendment or repeal has been approved by the Owners. Any amendment to the Declaration made hereunder shall be effective only when Recorded. 7.4 Priority of First Mortgage Over Assessments. Each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure shall take title to the Lot free and clear of any claims for unpaid District fees or charges against such Lot which accrued prior to the time such holder acquires title to such Lot. 7.5 Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, telephone, telecopier or telegraph. If served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by such Person to the Declarant and/or District for the purpose of service of such notice, or to the Lot of such Person if no address has been given to the Declarant and/or District and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Declarant and/or District. 7.6 Indemnification. Each Owner hereby agrees, to the extent not otherwise herein released, to indemnify, defend and hold harmless the other Owners, the District and Declarant from and against any and all liability, claims, damages, expenses (including reasonable attorneys' fees and costs and reasonable attorneys' fees and costs on any appeal), judgments, proceedings and causes of action, for injury to or death of any person or damage to or destruction of any property occurring in the interior of any Improvement constructed on the indemnifying Owner's Lot, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. 7.7 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction, and equitable servitude contained in this Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any Person entitled to enforce the provisions of this Declaration. 7.8 Enforcement of Self-Hein. Declarant, or any authorized agent of it,may enforce, by self- help, any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained,in this Declaration, provided such self-help is preceded by notice and hearing. 7.9 Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the 144801 16 on0957 Community Area is hereby declared to be a violation of this Declaration and shall be subject to any and all enforcement procedures set forth in this Declaration. 7.10 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 7.11 Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith including reasonable attorneys' fees. 7.12 Limitation on Liability. The Design Review Committee, Declarant, and any Member, agent, or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice. 7.13 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration. 7.14 Governing Law. This Declaration shall be construed and governed under the laws of the State of Colorado. 7.15 Severability. Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial validity or partial enforceability of the provisions or portion thereof shall not affect the validity or enforceability of any other provision. 7.16 Number and Gender;. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine, or neuter genders shall each include the masculine, feminine, and neuter genders. 7.17 Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. 7.18 Mergers or Consolidations. Upon a merger or consolidation of the District with another district, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated district or, alternatively, the properties, rights, and obligations of another district may, by operation of law, be added to the properties, rights and obligations of the District as a surviving corporation pursuant to a merger. The surviving consolidated district may administer and enforce the covenants, conditions,and restrictions established by this Declaration governing the Property, together with the covenants and restrictions established upon any other property, as one plan. 7.19 Exhibits Incorporated. All Exhibits to this Declaration are incorporated herein and made a part hereof as if fully set forth herein. 7.20 CCIOA Exemption. No Lot within the Community Area is responsible for any common areas or subject to an Owner's Association of any kind. Consequently, pursuant to Colorado Revised Statutes § 38-33.3-121, this Declaration is not subject to the provisions of the Colorado Common Interest Ownership Act found in Colorado Revised Statutes § 38-33.3-101 et.seq. Nothing in this Section is, however, intended to permit any use of any Lot within the Community Area which would otherwise be prohibited pursuant to any restriction otherwise applicable to such Lot, including, without limitation, any restriction contained in this Declaration, or any supplemental declaration which may apply to such Lot or any restriction contained in the deed by which the parties hereto may have received, or may in the 14480, 17 000757 Qom. future convey, title to such Lot, or which would otherwise be prohibited pursuant to the zoning applicable to such a Lot from time to time. 7.21 Disclaimer Regarding Safety. DECLARANT HEREBY DISCLAIMS ANY OBLI- GATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. ANY OWNER OF PROPERTY WITHIN THE COMMUNITY AREA ACKNOWLEDGES THAT DECLARANT IS ONLY OBLIGATED TO DO THOSE ACTS SPECIFI- CALLY ENUMERATED HEREIN, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. 7.22 NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE COMMUNITY AREA, OR ANY IMPROVEMENT THEREON, ITS OR THEIR PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, FITNESS FOR INTENDED USE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE. COST OF MAINTENANCE. TAXES OR REGULATION THEREOF, UNLESS AND EXCEPT AS SHALL BE SPECIFICALLY SET FORTH IN WRITING IN A SEPARATE DOCUMENT. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. DEL CAMINO , LLP, a Colorado limited liability partnership By: Title: CONSENT As holder of the First Deed of Trust on the real property described on Exhibits A and B, the undersigned hereby joins Declarant in the execution and recordation of this Declaration and consents to the terms and provisions hereof. LENDER: By: Title: ',491757 144801 18 STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by as of Del Camino , LLP, a Colorado limited liability partnership. WITNESS my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _day of , 1997, by as of , a WITNESS my hand and official seal. My commission expires Notary Public 4' ! 19 Qc:;0757 EXHIBIT A Legal Description of Property within First Phase [See Attached] wax ?t",0757 EXHIBIT B Leeal Description of Annexable Property [See Attached] • 144801 9'2095 7 EXHIBIT C Permitted Exceptions • 144801 pc.',075 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO EAST Q'°o757 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO EAST Table of Contents Page ARTICLE 1 GENERAL 2 1.1 Community Area 2 1.2 Purposes of Declaration 2 1.3 Declaration 2 ARTICLE 2 DEFINITION 2 2.1 Annexable Property 2 2.2 Community Area 3 2.3 Coun 3 2.4 Declaration 3 2.5 Declarant 3 2.6 Deed of Trust 3 2.7 Design Review Committee 3 2.8 District 3 2.9 Improvement 3 2.10 Improvement to Property 3 2.11 Leases 3 2.12 Lot 3 2.13 Member 4 2.14 Mortgage 4 2.15 Mortgagee 4 2.16 Mor 4 2.17 No Building Areas 4 2.18 Notice of Completion 4 2.19 Owner 4 2.20 Permitted Exceptions 4 2.21 Person 4 2.22 Plea 4 2.23 Property 4 2.24 Record or Recorded 4 2.25 Senior 4 2.26 Supplemental Declaration 5 2.28 VA 5 ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA 5 3.1 Maintenance of Community Area 5 3.2 Property Uses 5 3.3 Senior Requirement 5 t.44&11.1 0°0757 n ., Table of Contents (continued) Page 3.4 Restriction on Children 5 3.5 Construction Type 5 3.6 Square Footage 6 3.7 No Noxious or Offensive Activity 6 3.8 Annoying Sounds or Odors 6 3.2 No Hazardous Activities 6 3.10 Building Materials 6 3.11 No Unsightliness 7 3.12 Weeds and Diseased Trees 7 3.13 Restrictions on Garbage and Trash 7 3.14 Animals 7 3.15 Wildlife 7 3.16 No Temporary Structures 7 3.17 Restriction on Antennae, Pipes, Utility Lines and Transmitters 7 3.18 Restrictions on Signs and Advertising 8 3.19 Restrictions on Mining or Drilling 8 3.20 Maintenance of Drainage 8 3.21 Compliance with Laws 8 3.22 Further Subdivision of Lots 9 3.23 Restrictions on Sewage Disposal Systems 9 3.24 Restrictions on Water Systems 9 3.25 Restoration in the Event of Damage or Destruction 9 3.26 Storage 9 3.27 Vehicle Repairs 9 3.28 Storage of Gasoline and Explosives. Etc. 9 3.29 Trailers. Campers and Junk Vehicles 9 3.30 Fences Prohibited 9 3.31 Air Conditioning and Heating Equipment 10 3.32 Owner's Right to Lease Lot 10 3.33 Permitted Exceptions 10 3.34 Garage and Driveway 10 3.35 Garage Doors 10 3.36 Building Height Limitation 10 3.37 Outdoor Lines 10 3.38 Parking 10 3.39 Exterior Tanks 11 3.40 Landscaping 11 3.41 Landscaping Maintenance 11 ARTICLE 4 ARCHITECTURAL APPROVAL 11 4.1 Approval of Improvements Required 11 4.2 Improvement to Property Defined 11 4.3 Membership of Committee 11 4.4 Address of Design Review Committee 11 4.5 Submission of Plans 11 4.6 Criteria for Approval 12 (4448a1 -ii- r0757 Table of Contents (continued) Page 4.7 Design Standards 12 4.8 Design Review Fee 12 4.9 Decision of Committee 12 4.10 Failure of Committee to Act on Plans 12 4.11 Prosecution of Work After Approval 12 4.12 Notice of Completion 13 4.'13 Inspection of Work 13 4.14 Notice of Noncompliance 13 4.15 Failure of Committee to Act After Completion 13 4.16 No Implied Waiver or Estoppel 13 4.17 Committee Power to Grant Variances 13 4.18 Meetings of Committee 14 4.19 Records of Actions 14 4.20 Estoppel Certificates 14 4.21 Nonliability of Committee Action 14 4.22 Construction Period Exception 14 ARTICLE 5 DISTRICT 14 5.1 Owner's Understanding 14 5.2 Special District 15 5.3 Right to Enter 15 ARTICLE 6 DECLARANT'S RIGHTS AND RESERVATIONS 15 6.1 Period of Declarant's Rights and Reservations 15 6.2 Declarant's Rights to Complete Development of Community Area 15 6.3 Declarant's Rights to Grant and Create Easements 15 6.4 Declarant's Rights to Convey Additional Property to District 16 6.5 Annexation of Additional Properties 16 6.6 Withdrawal of Annexed Property 17 6.7 Expansion of Permitted Property Uses 17 ARTICLE 7 MISCELLANEOUS 17 7.1 Term of Declaration 17 7.2 Amendment of Declaration by Declarant 17 7.3 Amendment of Declaration by Owners 18 7.4 Priority of First Mortgage Over Assessments 18 7.5 Notices 18 7.6 Violations Constitute a Nuisance 18 7.7 Enforcement of Self-Help 18 7.8 Violations of Law 18 7.9 Remedies Cumulative 18 7.10 Costs and Attorneys' Fees `JC y 19 144488.1; -iii- £C'(Y 5'/ Table of Contents (continued) Laze 7.11 Limitation on Liability 19 7.12 Liberal Interpretatioq 19 7.13 Governina Law 19 7.14 Severability 19 7.15 Number and Gender 19 7.16 Captions for Convenience 19 7.17 Mergers or Consolidations 19 7.19 Disclaimer Reaardina Safety 19 7.20 NO REPRESENTATIONS OR WARRANTIES 19 aana�1 -1- �:O?5 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEL CAMINO EAST THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declara- tion") is made as of this _ day of , 1997, by DEL CAMINO EAST, LLP, a Colorado limited liability partnership ("Declarant"). ARTICLE 1 GENERAL 1.1 Community Area. Declarant is the owner of that certain parcel of land located in the County of Weld, Colorado, more particularly described on Exhibit A attached hereto, which is defined in this Declaration as the "Property." Declarant intends to develop the Property, subject to the Permitted Exceptions, as a gated, residential community of affordable quality manufactured or site built homes on permanent foundations for Seniors, as hereinafter defined, with a maximum of 300 Lots. 1.2 Purposes of Declaration. This Declaration is executed (a) in furtherance of a common and general plan for the development of the Community Area, as hereinafter defined; (b) to protect and enhance the quality, value, aesthetic, desirability and attractiveness of the Community Area; and (c) to define certain duties, powers and rights of Owners of Lots within the Community Area. 1.3 Declaration. Declarant, for itself, its successors and assigns, hereby declares that the Property, and all property which becomes subject to this Declaration in the manner hereinafter provided from the date the same becomes subject to this Declaration, shall be owned, held, transferred, conveyed, sold,leased, rented, hypothecated, encumbered,used,occupied,maintained,altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration. The provisions of this Declaration are intended to and shall run with the land and, until their expiration in accordance with the terms hereof, shall bind, be a charge upon and inure to the mutual benefit of: (a) the Property and all property which becomes part of the Community Area; (b) Declarant and its successors and assigns; and (c) all Persons having or acquiring any right, title or interest in the Property or in any property which becomes part of the Community Area, or any Improvement thereon, and their heirs, personal representatives, successors or assigns. This Declaration shall be Recorded in every county in which any portion of the Community Area is located and shall be indexed in the grantee's index in the name of Del Camino East, LLP and in the Grantor's Index in the name of each person or entity executing this Declaration. ARTICLE 2 DEFINITIONS Unless otherwise expressly provided herein, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified. 2.1 Annexable Property. "Annexable Property"shall mean that real property more particular- ly described on Exhibit B attached hereto and which may be annexed to, and made a part of the Community Area as more particularly provided herein. oc015'7 IGM!&I 2.2 "Community Area. "Community Area" shall mean the real property which is described on Exhibit A attached hereto and all other real property which is made subject to the terms and provisions of this Declaration. 2.3 County. "County" shall mean Weld County, Colorado. 2.4 Declaration. "Declaration" shall mean this instrument as it may be amended or supplemented from time to time. 2.5 Declarant. "Declarant" shall mean Del Camino East, LLP, a Colorado limited liability partnership, its successors and assigns. A Person shall be deemed to be a "successor and assign" of Del Camino, LLP, as Declarant only if specifically designated in a duly Recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in the written instrument. However, a successor to Declarant by consolidation or merger shall automatically be deemed a successor or assign of Declarant as Declarant under this Declaration. Notwithstanding the foregoing, it is hereby acknowledged that if for any reason, the named Declarant fails to acquire all or any portion of the Annexable Property, then at any time during which such Annexable Property may be annexed to the provisions of this Declaration, the owner(s)thereof shall have the right to annex all or such portion of the Annexable Property as said third party then owns, even though it is not designated for any other purpose as a Declarant hereunder. 2.6 Deed of Trust. "Deed of Trust" shall mean a Mortgage. 2.7 Design Review Committee. "Design Review Committee" shall mean the Committee provided for in Article 4 of this Declaration. 2.8 District. "District" shall mean and refer to Del Camino East Metropolitan District. 2.9 Improvement. "Improvement" shall mean all structures and improvements located upon or made to a Lot and any appurtenances thereto of every type or kind, including, but not limited to, buildings, outbuildings, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, patios, porches, sheds, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, swimming pool, tennis court, solar equipment, exterior air conditioning and water softener fixtures. • 2.10 Improvement to Property. "Improvement to Property" shall mean any change, alteration, or addition to any Lot or property located within the Community Area. "Improvement to Property" is more particularly defined in Article IV of this Declaration. 2.11 Leases. "Lease" shall mean and refer to any agreement for the leasing or rental of a Lot, or any dwelling unit located thereon and shall specifically include, without limitation, a month-to-month rental. 2.12 Lac tt. "Lot" shall mean a physical portion of the Community Area which is designated for separate ownership or occupancy and the boundaries of which are depicted upon the Plat together with a non-exclusive easement for use and enjoyment in any property owned by the District. The term Lot shall not include any property owned by a public body. 14,.,e&1 3 a!p(1'75"I 2.13 'Member. "Member" shall mean the Person or, if more than one, all Persons collectively, who constitute the Owner of a Lot. 2.14 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such instrument given voluntarily by the Owner of a Lot, which encumbers such Lot to secure the performance of an obligation or the payment of a debt and which is required to be released upon performance of the obligation or payment of the debt. The term "Deed of Trust" when used herein shall be synonymous with the term "Mortgage." 2.15 Mortgagee. "Mortgagee" shall mean a mortgagee under a Mottgage or a beneficiary under a Deed of Trust, as the case may be, and the assignees of such Mortgagee. 2.16 Mortgagor. "Mortgagor" shall mean the Person who mortgages his or its property to another (i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or grantor under a Deed of Trust. 2.17 No Building Areas. "No Building Areas" are those areas designated on the Plat or any Supplemental Plat which form parts of Lots wherein the Owner may erect fencing and landscaping but shall not erect any other permanent structures. 2.18 Notice of Completion. "Notice of Completion" shall mean written notice to the Design Review Committee of the completion of any Improvement to Property pursuant to Article 4 of this Declaration. 2.19 Owner. "Owner" shall mean the Person, including Declarant, or, if more than one, all Persons collectively, who hold fee simple title to a Lot, including sellers under executory contracts of sale and excluding buyers thereunder. For purposes of terminating or amending this Declaration as set forth in Article 7 below, each Owner shall have the right to exercise one vote for each Lot owned by it. A majority of Owners must cast their votes in person or by proxy for a quorum to;be present. 2.20 Permitted Exceptions. "Permitted Exceptions" shall mean all encumbrances, liens, restrictions, easements and other items of record which affect the Community Area and which are more particularly described on Exhibit C attached hereto. 2.21 Person. "Person" shall mean a natural person, a corporation, a partnership, a limited liability company or any other entity permitted to hold title to real property pursuant to Colorado law. 2.22 Plat. "Plat" shall mean and include the land survey plat which depicts all or a portion of the Community Area and which further depicts and locates thereon the location of Lots and such other matters as may be required by law. The Plat, and the terms and provisions thereof, are hereby incorporated herein by reference. The term "Plat" shall also include all amendments thereto and such other Supplemental Plats recorded by the Declarant for the purposes of annexing real property to the Community Area. 2.23 Property. "Property" shall mean the real property more particularly described on Exhibit A attached hereto. 2.24 Record or Recorded. "Record" or "Recorded" shall mean the filing for record of any document in the office of the Clerk and Recorder of the County. 2.25 Senior. "Senior" shall mean an individual who is fifty-five (55) years of age or older. 4 "0757 2.26 "Supplemental Declaration. "Supplemental Declaration" shall mean a written instrument containing covenants, conditions, restrictions, reservations, easements or equitable servitudes, or any combination thereof and which is recorded in conjunction with the annexation of additional real property to the Community Area. 2.27 Supplemental Plat. "Supplemental Plat" shall mean and include any land survey plat which is Recorded by Declarant for the purpose of annexing the real property described thereon to the Community Area. 2.28 VA. "VA" shall mean the VA,FHA,HUD, GinnieMae, FreddieMac and shall include any rules and/or regulations promulgated by such governmental housing entities. ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMUNITY AREA All real property within the Community Area shall be held, used, and enjoyed subject to the following limitations and restrictions and subject to the rights and reservations of Declarant set forth in this Declaration. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Design Review Committee if such strict application would be unreasonably or unduly harsh under the circumstances. Any such modification or waiver must be in writing or be contained in written guidelines or rules promulgated by the Design Review Commit- tee. 3.1 Maintenance of Community Area. No property within the Community Area shall be permitted to fall into disrepair and all property within the Community Area, including any Improvements, shall be kept and maintained in a clean, attractive, and sightly condition. Notwithstanding any maintenance or repair obligations assumed by the District under this Declaration or otherwise, mainte- nance, repair, and upkeep of each Lot shall be the ultimate responsibility of the Owner of the Lot. 3.2 Property Uses. All Lots shall be used for private residential purposes. No dwelling unit erected or maintained within the Community Area shall be used or occupied for any purpose other than for a single-family residence. Notwithstanding the foregoing, business activities associated with the sale of Lots or residences constructed thereon shall be allowed. In addition, in-home businesses not involving the servicing of customers or employees shall be allowed, provided such activities are conducted solely within the residence and do not create or result in any unreasonable, unwarranted, or unlawful use or interference with public rights, including, but not limited to, unreasonable or unwarranted use or interference with public streets, rights-of-way, or sidewalks, or in any other offensive or noxious activities. 3.3 Senior Requirement. All Lots shall be used for private Senior residential purposes. Each dwelling unit erected or maintained within the Community Area shall be owned and occupied by at least one Senior. 3.4 Restriction on Children. No dwelling unit erected or maintained within the Community Area shall be used as a primary residence for any person under eighteen(18) years of age. Persons under eighteen(18)years of age may temporarily occupy residences within the Community Area provided such residences are at the same time occupied by at least one Senior. Persons under eighteen (18) years of age shall not occupy any residence for more than three (3) months in any one calendar year. 3.5 Construction Type. All construction in the Community Area shall consist of manufac- tured or site built homes on permanent foundations with garages and optional patios and family rooms. isaoea.i 5 X490757 Notwithstanding the foregoing, no building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot, except as expressly hereinafter provided for temporary buildings. Architectural standards are established to the end that the Properties may benefit from the natural advantages of its particular location. While the standards for architectural style are flexible, compatibility with the informal natural environment is required. One story, ranch style homes that will preserve views to the west are desirable. All buildings must be designed to fit the natural contours of the Lot without excessive grading. 3.6 Square Footage. No dwelling unit shall be erected which has an architectural floor area of less than one-thousand (1,000) square feet plus a garage. Architectural floor area is the sum of the following'percentages of gross square foot areas: Gross square feet on the main living level 100% Gross square feet on finished upper stories above the math living area 75% Gross square feet on finished garden level with direct walkout access to the outside 75% Gross square feet on finished basement level 25% Gross square feet of balconies, raised decks, covered patios 25% Gross square feet of attached garage area in excess of four hundred square feet 50% Gross square feet covers the exterior perimeter of the area being measured. 3.7 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any property within the Community Area, nor shall anything be done or placed thereon which is or may become a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to others. No offensive or hazardous activities may be carried on any Lot or in any living home. No annoying lights, sound or odors shall be permitted to emanate from any living home. Activities carried on upon any Lot or in any living home shall be consistent with the Community Area's development as a Senior residential community. 3.8 Annoying Sounds or Odors. No sound or odor shall be emitted from any property within the Community Area which is noxious or unreasonably offensive to others. Without limiting the generality of the foregoing, no exterior speakers,horns, whistles, bells, or other sound devices, other than security devices used exclusively for security purposes, shall be located or used on any property except with the prior written approval of the Design Review Committee and shall comply with all applicable laws. 3.9 No Hazardous Activities. No activity shall be conducted on, and no Improvement shall be constructed on, any property within the Community Area which is or might be unsafe or hazardous to any Person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any property within the Community Area and no open fires shall be lighted or permitted on any property within the Community Area except in a contained barbecue unit while attended and in use for cooking purposes or within an interior or exterior fireplace designed to prevent the dispersal of burning embers. 3.10 Building Materials. No building materials shall be stored on any Lot except temporarily during continuous construction or alteration of Improvements thereon, unless otherwise approved by the Design Review Committee. .d,ee 6 ?c0757 3.11 'No Unsightliness. All unsightly conditions, structures, facilities, equipment, objects,and conditions shall be enclosed within a structure, including snow removal equipment and garden or maintenance equipment, except when in actual use. 3.12 Weeds and Diseased Trees. All yards and open spaces and the entire area of every Lot on which no Improvement has been constructed shall be kept mowed to a maximum height of 6 inches. In addition, each Lot shall be kept free from brush or other growth or trash which, in the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire. All yards and open spaces and the entire area of every Lot on which no building has been constructed, shall be kept free from plant or weeds infected with noxious insects or plant diseases and from weeds which, in the opinion of the Design Review Committee, are likely to cause the spread of infection or weeds to neighboring property. Trees infected with mistletoe, pine beetle or other diseases shall be removed by the Owner. 3.13 Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub, tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse or debris of any kind shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from view, except that any container containing such materials may be placed outside at such times as may be necessary to permit garbage or trash pick-up. Recycling of newspapers, aluminum, steel cans, bottles, and recyclable plastics is required. Burning of trash is prohibited. The Declarant reserves the right to select a company to be the exclusive supplier of trash and recyclable materials pickup for the Properties. 3.14 Animals. No animals, live stock or poultry of any kind shall be raised, bred or kept on any Lot, except that domesticated birds or fish and other small domestic animals permanently confined indoors will be allowed. No other animals, except an aggregate of not more than three domesticated animals (e.g., two cats and one dog), will be permitted within the Community Area; provided that they are not kept, bred, or maintained for any commercial purpose. No animal of any kind shall be permitted which in the opinion of the Review Committee makes an unreasonable amount of noise or odor or is a nuisance. All household pets shall be controlled by their Owner and shall not be allowed off the Owner's Lot except when properly leashed and accompanied by the pet Owner or such Owner's representative. Each Owner of a household pet shall be financially responsible and liable for any damage caused by said household pet. 3.15 Wildlife. Insofar as the Property is abundant with plant and animal life including both mammals and birds, the Lots and Annexable Property shall be used by all Owners only in such a manner as is consistent with the preservation of animals and their natural habitat. Therefore, the Property shall not be subjected to any kind of intensive or destructive use or activity which might otherwise result in avoidable damage to the existing animal habitats. 3.16 No Temporary Structures. No tent, treehouse, barn, shack, temporary structure, or temporary building shall be placed upon any property within the Community Area except with the prior written consent of the Design Review Committee. 3.17 Restriction on Antennae. Pines. Utility Lines and Transmitters. Pipes for water, gas, sewer, drainage or other purposes, all wires, poles, aerials, antennae, satellite dishes and other facilities for the transmission or reception of audio or visual signals or electricity, and all utility meters or other utility facilities shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. No exterior radio antenna, television antenna, or other antenna of any type shall be erected or maintained within the Community Area except as set forth below or otherwise as may be approved by the Design Review Committee. With the approval of the Design Review Committee, a master antenna or cable television antenna may, but need not, be provided for use of all Owners orawy „iuee8.1 7 9'N) a S l group of Owners, and Declarant may grant easements for such purposes. No electronic or radio transmitters of any kind other than garage door openers or cordless telephones shall be operated in or on any structure or within any Lot. An Owner may install and maintain one (1) small satellite dish antenna on the Owner's Lot, subject to the following guidelines: (i)the satellite antenna must be one meter or less in diameter and must resemble or be disguised to resemble other similar devices approved by the Design Review Committee for use within the Community Area; (ii) the satellite antenna is registered with the Design Review Committee within ten(10) days of its installation; (iii) the satellite antenna is installed in accordance with the manufactures' guidelines to insure safe installation; (iv)the satellite antenna must be properly grounded and placed a safe distance from power lines; (v) the satellite antenna must not be visible from the front of the Lot and must be screened from view from adjacent property by an enclosure or shrubbery approved by the Design Review Committee; (vi) the satellite antenna may be used only for personal use of the Owner of the Lot; (vii) when located at ground level, the top of the satellite antenna may not exceed twenty-four inches (24") above grade; (viii) the installation of the satellite antenna must comply with all applicable zoning restrictions, building codes and set-backs (both in the Plat and this Declaration), prior to the installation, the Owner shall provide the Design Review Committee with a copy of the building permit for the installation of the satellite antenna, if required by the local building department; and (ix) no satellite antenna may be installed on the roof of any Improvements on a Lot or on any exterior wall unless the top of the antenna unit does not exceed thirty inches (30") above grade. To the extent that interpretation of this rule is necessary, such interpretation will be undertaken by the Design Review Committee in full compliance with all federal, state and local statutes and regulations, as may be supplemented or amended from time to time. The foregoing restriction, however, shall not apply to those facilities maintained by the Declarant for the purposes of the reception and transmission of cable television signals. 3.18 Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or display of any kind shall be erected or maintained anywhere within the Community Area so as to be evident to public view, except: (a)signs as may be approved in writing by the Design Review Committee; or (b) signs, posters, billboards or any other type of advertising device or display erected by Declarant incidental to the development, construction, promotion, marketing or sales of Lots within the Community Area. A sign advertising a Lot for sale or for lease may be placed on a Lot; provided, however, that standards relating to dimensions, color, style, and location of such sign shall be determined from time to time by the Design Review Committee. Signs, posters and billboards placed on a Lot shall comply with applicable County requirements. 3.19 Restrictions on Mining or Drilling. No property within the Community Area shall be used for the purpose of mining, quarrying,drilling, boring or exploring for or removing oil,gas, or other hydrocarbons, minerals, rocks, stones, gravel or earth. 3.20 Maintenance of Drainage. There shall be no interference with the established drainage pattern over any property within the Community Area except as approved in writing by the Design Review Committee. Approval shall not be granted unless provision is made for adequate alternate drainage.. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed and shall include any established drainage pattern shown on any plans approved by the Design Review Committee. The established drainage pattern may include the drainage pattern: (a) front any property owned by the County or other Persons over any Lot; (b) from any Lot over property owned by the County or other Persons; from any property owned by the District over any Lot; (d) from any Lot over any property owned by the District; or (e) from any Lot over another Lot. 3.21 Compliance with Laws. Nothing shall be done or kept on any property within the Community Area in violation of any law, ordinance, rule or regulation of any governmental authority having jurisdiction over the Community Area. 144,98 8 n'°0957 3.22 'Further Subdivision of Lots. The Owner of a Lot shall not further subdivide that Lot. 3.23 Restrictions on Sewage Disposal Systems. No cesspool, septic tank or other sewage disposal system shall be installed within the Community Area without the prior written consent of the Design Review Committee. Any sewage disposal system installed for property within the Community Area shall be subject to all applicable laws, rules and regulations of any governmental authority having jurisdiction over the Community Area. 3.24 Restrictions on Water Systems. No individual water supply system shall be installed or maintained for any property within the Community Area unless such system is approved in writing by the Design Review Committee and is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any applicable water and sanitation district or other governmental authority having jurisdiction. 3.25 Restoration in the Event of Damage or Destruction. In the event of the damage or destruction of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed Improvement to be restored or replaced to its original condition or such other condition as may be approved in writing by the Design Review Committee, or the Owner shall cause the damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to the approval of the Design Review Committee, so as to present a pleasing and attractive appearance. 3.26 Storage. No building materials shall be stored on any Lot except temporarily during continuous construction of an Improvement. 3.27 Vehicle Repairs. No maintenance, servicing,repair, dismantling or repainting of any type of vehicle, boat, machine or device may be carried on except within a completely enclosed structure which screens the sight and sound of such activity from the street and from other Lots. 3.28 Storage of Gasoline and Explosives. Etc. No Lot shall be used for the storage of explosives, gasoline or other volatile and/or incendiary materials or devices. Gasoline or fuel for an Owner's lawn mower, snowblower and the like may be maintained on an incidental basis on the Lot in an amount not to exceed five (5) gallons. 3.29 Trailers, Campers and Junk Vehicles. No boat, camper (on or off supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (both cabs or trailers), towed trailer unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home, recreational vehicle, or any other vehicle, the primary purpose of which is recreational, sporting or commercial use, shall be parked or stored in, on, or about any Lot or street within the Community Area except within the attached garage or unless such vehicles are concealed from view and approved by the Design Review Committee. For the purposes of this covenant, a one (1) ton or smaller vehicle commonly known as a pickup truck shall not be deemed a commercial vehicle or truck. Notwithstanding the foregoing to the contrary, each Owner shall have the right to park one motor home, mobile home or recreational vehicle on land adjacent to the Property owned by Declarant and designated for such purpose. 3.30 Fences Prohibited. No fences shall be constructed along or adjacent to the boundary or lot line of any Lot without the prior approval of the Design Review Committee unless in conformance with scan esign.specifications previously approved by the Design Review Committee. Privacy fences, security fences, and fences for screening purposes shall also be approved by the Design Review Committee unless in conformance with standard design specifications previously approved by the Design Review Committee. Notwithstanding the foregoing to the contrary, Owners shall be required to install fences on all Lot lines which abut the trails, paths parks and.recreation_facilitiec of.the-District. Fencing of entire lots is prohibited and a minimum of solid fencing will be permitted only for the rear of lots in 1M1NB&4 9 090757 order to surround privacy areas and for animal control. No fencing will be permitted in the front or side areas of any residential structure. Fencing of the rear of a lot along lot lines will be permitted provided that said fence is a split rail type with no more than three (3) rails and constructed of a composition material approved by the Design Review Committee. 3.31 Air Conditioning and Heating Equipment. No heating, air conditioning or refrigeration equipment shall be placed, allowed or maintained anywhere other than on the ground; provided,however, that solar units meeting all governmental guidelines for residential uses may be located on the roof if(a) such solar unit is built into and made an integral part of the roof flashing or the structure of any house constructed on such Lot; and(b)such solar unit is specifically approved by the Design Review Committee in accordance with Article 4 below. 3.32 Owner's Right to Lease Lot. All Owners shall have the right to lease such Owner's Lot provided that: (a) all Leases shall be in writing; (b) all Leases shall be for a Lot with a completed residence thereon; (c) all Leases shall provide that the terms of the Lease and the lessee's occupancy of the Lot shall be subject to this Declaration and that any failure by the lessee to comply with any of the aforesaid documents in any respect shall be a default under such Lease; (d) all Leases shall provide that the terms of the Lease and the lessee's occupancy of the Lot shall be subject to the ordinances, regulations and fees of the District and that any failure by the lessee to comply with any of the aforesaid obligations in any respect shall be a default under such Lease; and (e) such Owner shall notify the Declarant immediately upon the leasing of such Lot and register with Declarant both the name(s) of the tenant(s) and new mailing information for notices to be sent by the Declarant directly to such Owner. 3.33 Permitted Exceptions. By acceptance of a deed for a Lot within the Community Area, all Owners of Lots within the Community Area acknowledge that all or portions of the Property may be subject to, or benefitted by, the Permitted Exceptions, including, but not limited to, all easement and licenses described therein. 3.34 Garage and Driveway. The dwelling unit on each Lot shall include at least a two (2) car or larger fully enclosed garage or such equivalent garage arrangements as may be approved by the Design Review Committee. All driveways must be constructed of concrete or similar material. Dirt, gravel, and asphalt will not be permitted. 3.35 Garage Doors. Garage doors shall be kept closed except when being used to permit ingress or egress to or from the garage. 3.36 Building Height Limitation. No building or other structure shall exceed thirty-five feet in height from the lowest elevation of the natural grade along the perimeter or the structure to the mid- point of the highest gable of a pitched or hip roof or to the top of the coping on the flat roof without the prior permission of the Design Review Committee. 3.37 Outdoor Lines. All outdoor clothes poles, clothes lines and other facilities for drying or airing of clothing or household goods shall be placed or screened by fence or shrubbery so as not to be visible from neighboring property or adjacent streets. 3.38 Parking. Except as expressly heretofore provided, no part of the public street adjoining the Properties or other public areas, unless specifically designated by the Design Review Committee, shall be used for the parking, storage or display of any vehicles including private passenger vehicles and pick- up trucks; however, parking on driveways is permitted. ia.ee-1 10 0'00'7557 3.39 "Exterior Tanks. No owner shall maintain or place upon an lot any above-ground swimming pool, filter tank, fuel tank, propane tank, or similar devices unless the same are enclosed or screened so as not to be visible from streets or adjoining lots. 3.40 Landscaping. Within six (6) months after substantial completion of the Improvements on a Lot, or within any extension of that period granted by the Design Review Committee, all yards and open space on the Lot shall be landscaped and irrigated in a manner that is attractive, functional, environmentally sensitive and compatible with existing environmental and ecological conditions. Landscaping plans, including appropriate irrigation system plans, shall be subject to the prior written approval of the Design Review Committee. Irrigated landscaping, including lawns, may not exceed two thousand five hundred (2,500) square feet and must consist of a reasonable number of coniferous trees; provided, however, that these requirements may be modified with approval of the Design Review Committee. Landscaping may include partial areas of natural vegetation and preservation of native grasses, trees, and shrubs. 3.41 Landscaping Maintenance. The District shall maintain the landscaping and irrigation systems. All Owners recognize and understand that they will be assessed reasonable fees and charges by the District for such maintenance. ARTICLE 4 ARCHITECTURAL APPROVAL 4.1 Approval of Improvements Required. The approval of the Design Review Committee shall be required for any Improvement to Property on any Lot except: (a) for any Improvement to Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration; and (c) where prior approval of Improvements to Property may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Design Review Committee. 4.2 Improvement to Property Defined. "Improvement to Property" requiring approval of the Design Review Committee shall mean and include, without limitation: (a) the construction, installation, erection or expansion of any building, structure, landscaping, trees, irrigation systems or other Improve- ment, including utility facilities and fences; (b) the removal, demolition or destruction, by voluntary action, of any building, structure, landscaping, trees, irrigation systems or other Improvement; (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 stream bed; and (d) any change or alteration of any previously approved Improvement to Property including any change of exterior appearance, color, or texture. 4.3 Membership of Committee. The Design Review Committee shall consist of three (3) members, all of whom shall be appointed by Declarant. Members of the Design Review Committee appointed by Declarant may be removed at any time by Declarant and shall serve for such term as may be designated by Declarant or until resignation or removal by Declarant. Declarant may at any time and from time to time change the authorized number of members of the Design Review Committee, but the number of members of the Design Review Committee shall not be less than three (3). 4.4 Address of Design Review Committee. The address of the Design Review Committee shall be at the principal office of Declarant. 4.5 Submission of Plans. Prior to commencement of work to accomplish any proposed Improvement to Property, the Person proposing to make such Improvement to Property ("Applicant") 13NesI 11 0°0'75'7 shall submit to the Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans,specifications and samples of materials and colors as the Design Review Committee shall request showing the nature, kind, shape, height, width, color, materials and location of the proposed Improvement to Property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or its authorized agent. The Design Review Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of all required materials in connection with the proposed Improvement to Property, the Design Review Committee may postpone review of any materials submitted for approval. 4.6 Criteria for Aoproval. The Design Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that: (a) the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Community Area as a whole; (b) the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Community Area; (c) the Improvement to Property will not detract from the beauty, wholesomeness and attractiveness of the Community Area or the enjoyment thereof by Owners; (d) the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the any other party other than Owner; and(e) the proposed Improvement to Property does not affect the drainage plan for the Community Area or any portion thereof. The Design Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Design Review Committee may deem appropriate. 4.7 Design Standards. The Design Review Committee may issue standards or rules ("Design Standards") relating to the procedures, materials to be submitted, fees and additional factors which will be taken into consideration in connection with the approval of any proposed Improvement to Property. The Design Standards 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. The Design Standards may waive the requirement for approval of certain Improvements to Property or 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. 4.8 Design Review Fee. The Design Review Committee may, through the Design Standards or otherwise, provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Design Review Committee may provide that the amount of such fee shall be uniform for similar types of proposed Improvements to Property or that the fee shall be determined in any other reasonable manner including the estimated cost of the proposed Improvement to Property. 4.9 Decision of Committee. Any decision of the Design Review Committee shall be made within thirty (30) days after receipt by the Design Review Committee of all materials required by the Design 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 a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Design Review Committee. 4.10 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 Design Review Committee within thirty (30) days after the date of receipt by the Design Review Committee of all required materials. 4.11 Prosecution of Work After Approval. After approval of any proposed Improvement to Property, the proposed Improvement to Property shall be accomplished as promptly and diligently as 1444a8-t 12 ?"0757 possible and in'complete conformity with: (a) the description of the proposed Improvement to Property; (b) any materials submitted to the Design Review Committee in connection with the proposed Improve- ment to Property; and(c) any conditions imposed by the Design Review Committee. Failure to complete the proposed Improvement to Property within eighteen (18) months after the date of approval or such shorter period as specified in writing by the Design Review Committee, or to complete the Improvement to Property in accordance with the description and materials furnished to, and the conditions imposed by, the Design Review Committee, shall constitute noncompliance with the requirements for approval of Improvements to Property. 4.12 Notice of Completion. Upon completion of the Improvement to Property, the Applicant may give written Notice of Completion to the Design Review Committee. Until the date of receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement to Property. 4.13 Inspection of Work. The Design Review Committee or its duly authorized representative shall have the right to inspect any Improvement to Property prior to or after completion; provided that the right of inspection shall terminate thirty (30) days after the Design Review Committee shall have received a Notice of Completion from Applicant. 4.14 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Design Review Committee or was not done in complete conformity with the description and materials furnished to, and any conditions imposed by, the Design Review Committee, the Design Review Com- mittee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within thirty (30) days after the Design 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. 4.15 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any non- compliance within thirty (30) days after receipt by the Design Review Committee of written Notice of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date of Notice of Completion. 4.16 No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee shall constitute a waiver or estoppel with respect to future action by the Design Review Committee with respect to any Improvement to Property. The approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any right to withhold approval for any similar Improvement to Property or any similar proposals, plans, specifications or other materials submitted with respect to any other Improvement to Property. 4.17 Committee Power to Grant Variances. The Design Review Committee may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require such variances. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Design Review Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property 144488.1 13 0°0'75'7 concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 4.18 Meetings of Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Design 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 Design Review Committee, except the granting of approval to any Improvement to Property and granting of variances. The action of such Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Design Review Committee shall constitute the action of the Design Review Committee. 4.19 Records of Actions. The Design Review Committee shall report in writing to the Declarant all final actions of the Design Review Committee, and the Declarant shall keep a permanent record of such reported action. 4.20 Estoppel Certificates. The Declarant shall, upon the reasonable request of any interested Person and after confirming any necessary facts with the Design 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. 4.21 Nonliability of Committee Action. There shall be no liability imposed on the Design Review Committee, any member of the Design Review Committee, any Committee Representative or Declarant for any loss, damage, cost, expense or injury arising out of or in any way connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct of the party to be held liable. In reviewing any matter, the Design 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 such Improvement to Property's conformance with building codes or other governmental laws or regulations. 4.22 Construction Period Exception. During the course of actual construction of any permitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design Review Committee shall temporarily suspend the provisions contained in this Declaration as to the property upon which the construction is taking place to the extent necessary to permit such construction, provided that during the course of any such construction, nothing is done which will result in a violation of any of the provisions of this Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable interference with the use and enjoyment of other property within the Community Area. ARTICLE 5 DISTRICT 5.1 Owner's Understanding. The property is subject to an overall Development Plan and Sketch Plan that has been approved by the Board of County Commissioners of the County. The Development Plan and Sketch Plan is a general proposal for the future development and is not meant to be exact and may be subject to modification. Ownership hereunder implies a knowledge and acceptance of the existing Development Plan and Sketch Plan and an acquiescence in its future modification so long as said modification does not substantially increase the overall density of the original Development Plan and Sketch Plan or does not materially affect the Owners use of its Lot. 0''015'7 i„ 1 14 5.2 'Special District. The Owners further recognize and understand that the Property is within the boundaries of the District which supplies various municipal, maintenance and recreational services to the property and that the Owners' Lots are subject to the ordinances, regulations, and various fees and charges now in force or which might be adopted by the District. 5.3 Right to Enter. The Owners further recognize and understand that the District, and its representative designees, shall have the right to enter and pass through any Lot or any part or parts thereof to perform the maintenance and services provided for under this Declaration, or as the District may be required to make in order to comply with laws and requirements of public authorities or insurance bodies. The District's right of access shall be not unreasonably interfere with an Owner's use and enjoyment of such Lot, except in case of emergency. ARTICLE 6 DECLARANT'S RIGHTS AND RESERVATIONS 6.1 Period of Declarant's Rights and Reservations. Declarant shall have, retain and reserve certain rights as hereinafter set forth in this Article 6 from the date hereof, until the earlier of: (a) 120 days after the date upon which seventy-five percent (75%) of the total number of the planned Lots have been conveyed to Owners other than the Declarant; or(b) the later of(i) the date which is seven(7) years following the recordation of this Declaration or (ii) the date which is five (5) years following the recordation of the most recently recorded Supplemental Declaration as set forth in Section 6.8. The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each deed or other instrument by which any property within the Community Area is conveyed by Declarant. The rights, reservations and easements hereinafter set forth shall be prior and superior to any other provisions of this Declaration and may not, without Declarant's prior written consent, be modified, amended, rescinded or affected by any amendment of this Declaration. Declarant's consent to any one such amendment shall not be construed as consent to any other subsequent amendment. Declarant makes no assurances that Declarant will exercise the rights reserved by Declarant herein with respect to all or any portion of the Community Area and Declarant reserves the right to exercise such rights with respect to the Community Area in such time frames and in such a manner as Declarant deems fit in its sole and absolute discretion. 6.2 Declarant's Rights to Complete Development of Community Area. No provision of this Declaration shall be construed to prevent or limit Declarant's rights to (a) complete the development of property within the boundaries of the Community Area; (b) construct or alter Improvements on any property owned by Declarant within the Community Area, including temporary buildings; (c) maintain model homes, temporary buildings or offices for construction or sales purposes, or similar facilities on any property owned by Declarant within the Community Area; or (d) post signs incidental to the development, construction, promotion, marketing or sales of property within the Community Area. Nothing contained in this,Declaration shall limit the right of Declarant or require Declarant to obtain approvals to: (a) excavate, cut, fill or grade any property owned by Declarant or to construct, alter, demolish or replace any Improvements on any property owned by Declarant;(b)use any structure on any property owned by Declarant as a construction, model home or real estate sales office in connection with the sale of any property within the boundaries of the Community Area; or(c) to require Declarant to seek or obtain the approval of the Design Review Committee for any such activity or Improvement to Property on any property owned by Declarant. Nothing in this Declaration shall limit or impair the reserved rights of Declarant as elsewhere provided in this Declaration. 6.3 Declarant's Rights to Grant and Create Easements. Declarant shall have and hereby reserves the right to grant or create temporary or permanent easements for access, utilities,drainage, and 14448&1 15 9°OI5l water in, on, under, over and across Lots owned by Declarant for any purpose incident to the develop- ment and sale of Lots within the Community Area. 6.4 Declarant's Rights to Convey Additional Property to District. Declarant shall have and hereby reserves the right, but not the obligation to convey additional real property and Improvements thereon to the District at any time and from time to time in accordance within this Declaration. 6.5 Annexation of Additional Properties. Declarant hereby reserves the right, for the period set forth in this Article 6, (for itself or any then owner of all or any portion of the Annexable Property) to annex additional real property to the Community Area in accordance with the following terms and provisions: (a) Right to Annex Additional Property. Declarant (which for purposes of this Section only shall be deemed to include any then owner of all or any portion of the Annexable Property) shall have and hereby reserves the right to annex the Annexable Property to the Community Area. In accordance with the foregoing, each Owner of a Lot within the Community Area grants to Declarant the right to annex the Annexable Property to the Community Area as more particularly set forth in this Article 6. Notwithstanding the foregoing, Declarant reserves the right to convey all or any portion of the Annexable Property to such third party or parties as Declarant deems appropriate whether for purposes consistent with the Declaration or otherwise. Declarant makes no assurances that all or any portion of the Annexable Property will be annexed to the Community Area and Declarant reserves the right to annex all or any portion of the Annexable Property to the Community Area in such order and in such a manner as Declarant deems fit in its sole and absolute discretion. (b) Annexation Procedure. The annexation of additional real property to the Community Area by Declarant shall be effectuated by the filing of record with the Clerk and Recorder of the County, and the county in which the Annexable Property is located if different than the County, of: (a) a Supplemental Declaration containing a legal description of the real property to be annexed to the Community Area and such other terms and provisions as Declarant may prescribe in accordance with the terms and provisions hereof; and (b) a Supplemental Plat or map which depicts the real property to be annexed to the Community Area and which otherwise contains all information required by law. The Supplemental Declaration shall incorporate the covenants, conditions and restrictions set forth herein and contain such additional covenants, conditions,restrictions, limitations, reservations,exceptions,equitable servitudes and provisions as Declarant may impose on such annexed property taking into account the unique and particular aspects of the proposed development of the real property encumbered by such Supplemental Declaration. Declarant shall have the right to reserve in a Supplemental Declaration any and all development rights which Declarant deems necessary or appropriate to complete the development of the property being annexed to the Community Area or which is otherwise necessary to meet the unique and particular aspects of such property. (c) Effect of Expansion. Upon recordation of a Supplemental Declaration and a Supplemental Plat, the property described therein shall be subject to all covenants, conditions, restric- tions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration. In the event any real property is annexed to the Community Area as provided herein, the definitions used in this Declaration shall automatically be expanded to encompass and refer to the Community Area as expanded. Accordingly, the term "Community Area" shall mean the real property described herein plus all additional real property annexed thereto pursuant to a Supplemental Declaration. The term "Lots" shall include those areas described as such herein and on the Plat as well as those areas so designated within any Supplemental Declaration or upon any Supplemental Plat. References to this Declaration shall mean this Declaration as so supplemented by any Supplemental Declaration. Upon recordation of a Supplemental Declaration and Supplemental Plat, every Owner of a Lot in such annexed area shall, by virtue of ownership of such Lot, be a Member of the District and shall be entitled to the 1444881 16 ? '0757 same rights and privileges and subject to the same duties and obligations as any other District Member, which rights and obligations shall include, but shall not be limited to, the obligation to pay District fees. (d) Annexation of Additional Unspecified Real Estate. Declarant hereby reserves the right, for the period set forth in this Article 6, to annex additional, unspecified real estate to the Community Area to the fullest extent permitted by law. In the event that Declarant elects to annex such additional property, Declarant shall annex such property to the Community in accordance with the provisions of this Article 6. 6.6 Withdrawal of Annexed Property. Property for which a Supplemental Declaration has been recorded may be withdrawn from the Community Area by Declarant at any time prior to the time that any Lot contained therein has been conveyed to a third party. Such withdrawal may be accomplished by the execution, acknowledgment, and recordation of a "Notice of Withdrawal." The Notice of Withdrawal shall: (a) be executed and acknowledged by Declarant, as the Owner of the property being withdrawn; (b) contain an adequate legal description of the property being withdrawn from the Community Area; (c) contain a reference to the Supplemental Declaration by which such property was annexed to the Community Area including the date thereof and recording information of such Supplemen- tal Declaration; (d) contain a statement and declaration that the such property is withdrawn from the Community Area and shall not be thereafter subject to this Declaration or the Supplemental Declaration for such property. The withdrawal of such property from the Community Area shall be effective upon the recordation of the Notice of Withdrawal and, upon the recordation of the Notice of Withdrawal, the property described therein shall no longer be part of the Community Area or subject to this Declaration or Supplemental Declaration for such Property. 6.7 Expansion of Permitted Property Uses. Notwithstanding anything to the contrary contained herein, Declarant reserves the right to expand the permitted uses for Lots as provided in Article 3 hereof provided that such uses: (a) are consistent with Declarant's overall development plan for the Community Area; and (b) are in accordance with County rules, regulations, requirements and approvals. ARTICLE 7 MISCELLANEOUS 7.1 Term of Declaration. Unless amended as herein provided, each provision contained in this Declaration shall continue and remain in full:force and effect until December 31, 2050, and thereafter shall be automatically extended for successive periods of ten (10) years each unless terminated by the vote, by written ballot, of Owners holding at,least seventy-five percent (75%) of the voting power of Owners of Lots entitled to vote. In the event this Declaration is terminated, the termination of this Declaration shall be evidenced by a termination agreement ("Termination Agreement"), or ratification thereof, executed by the requisite number of Owners. The Termination Agreement shall specify a date after which the Termination Agreement will be void unless recorded before such date. The Termination Agreement shall be recorded and the termination of this Declaration shall be effective upon such recording. 7.2 Amendment of Declaration by Declarant: Until such time as Declarant has conveyed any portion of the Community Area to a third party, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment or termination. Declarant reserves the right to unilaterally amend this Declaration in all circumstances permitted by law and which do not conflict with VA guidelines. Notwithstanding anything contained within this Declara- 144488-1 17 QCi 551 tion, and to the'extent permitted by law, if Declarant determines that any amendments to this Declaration shall be necessary in order for existing or future Mortgages or other security instruments to be acceptable to the VA then Declarant shall have and hereby specifically reserves the right and power to make, execute and record any such amendments without obtaining approval of the Owners or Mortgagees (or any percentage thereof). Notwithstanding anything contained within this Declaration, during the period of Declarant control, amendments of documents previously approved by the VA, must be subsequently approved by the VA. 7.3 Amendment of Declaration by Owners. Except as otherwise provided in this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed and any action may be taken at any time and from time to time upon approval of the amendment by Owners holding at least seventy-five percent (75%) of the voting power of the Owners entitled to vote. The approval of any such amendment or repeal shall be evidenced by a certification executed by the requisite number of Owners. The amendment shall be effective upon the recordation of a certificate, executed by the Declarant setting forth the amendment in full and certifying that the amendment or repeal has been approved by the Owners. Any amendment to the Declaration made hereunder shall be effective only when Recorded. 7.4 Priority of First Mortgage Over Assessments. Each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure shall take title to the Lot free and clear of any claims for unpaid District fees or charges against such Lot which accrued prior to the time such holder acquires title to such Lot. 7.5 Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, telephone, telecopier or telegraph. If served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by such Person to the Declarant and/or District for the purpose of service of such notice, or to the Lot of such Person if no address has been given to the Declarant and/or District and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Declarant and/or District. 7.6 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction, and equitable servitude contained in this Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any Person entitled to enforce the provisions of this Declaration. 7.7 Enforcement of Self-Help. Declarant, or any authorized agent of it, may enforce, by self- help, any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration, provided such self-help is preceded by notice and hearing. 7.8 Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Community Area is hereby declared to be a violation of this Declaration and shall be subject to any and all enforcement procedures set forth in this Declaration. 7.9 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 144488-I 0 a 57 18 7.10 'Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith including reasonable attorneys' fees. 7.11 Limitation on Liability. The Design Review Committee, Declarant, and any Member, agent, or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice. 7.12 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration. 7.13 Governing Law. This Declaration shall be construed and governed under the laws of the State of Colorado. 7.14 Severability. Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial validity or partial enforceability of the provisions or portion thereof shall not affect the validity or enforceability of any other provision. 7.15 Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine, or neuter genders shall each include the masculine, feminine, and neuter genders. 7.16 Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. 7.17 Mergers or Consolidations. Upon a merger or consolidation of the District with another district, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated district or, alternatively, the properties, rights, and obligations of another district may, by operation of law, be added to the properties, rights and obligations of the District as a surviving corporation pursuant to a merger. The surviving consolidated district may administer and enforce the covenants, conditions, and restrictions established by this Declaration governing the Property, together with the covenants and restrictions established upon any other property, as one plan. 7.18 Exhibits Incorporated. All Exhibits to this Declaration are incorporated herein and made a part hereof as if fully set forth herein. • 7.19 Disclaimer Regarding Safety. DECLARANT HEREBY DISCLAIMS ANY OBLI- GATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. ANY OWNER OF PROPERTY WITHIN THE COMMUNITY AREA ACKNOWLEDGES THAT DECLARANT IS ONLY OBLIGATED TO DO THOSE ACTS SPECIFI- CALLY ENUMERATED HEREIN, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. 7.20 NO REPRESENTATIONS OR WARRANTIES, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE COMMUNITY AREA, OR ANY IMPROVEMENT THEREON, ITS OR THEIR PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, FITNESS FOR INTENDED USE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF, UNLESS 144488-I 19 c'O75 I AND EXCEPT AS SHALL BE SPECIFICALLY SET FORTH IN WRITING IN A SEPARATE DOCUMENT. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. DEL CAMINO EAST, LLP, a Colorado limited liability partnership By: Title: CONSENT As holder of the First Deed of Trust on the real property described on Exhibits A and B, the undersigned hereby joins Declarant in the execution and recordation of this Declaration and consents to the terms and provisions hereof. LENDER: By: Title: 1044884 20 Pt.1.0 • 5 STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1997, by as of Del Camino East, LLP, a Colorado limited liability partnership. WITNESS my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997, by as of , a WITNESS my hand and official seal. My commission expires Notary Public 9RO75'7 144488-1 21 EXHIBIT A Legal Description of Property within First Phase [See Attached] ?''0757 14488-1 EXHIBIT B Legal Description of Annexable Property [See Attached] EXHIBIT C Permitted Exceptions 1444881l ATTACHMENT 6 Geologic Maps and Investigations Report 9!::0757 TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 3 PROPOSED CONSTRUCTION 3 SITE GEOLOGY 4 SUBSURFACE CONDITIONS 5 SITE DEVELOPMENT CONSIDERATIONS 7 Shallow Groundwater 7 Expansive or Compressible Soils 8 Underground Mining and Aggregate Resources 9 Slope Stability and Erosion 9 Grading Recommendations 9 Utility Excavation and Dewatering 11 Pavements 12 Underdrain 12 CONSTRUCTION CONSIDERATIONS 13 Building Foundations 13 Floor Systems 14 Basements 15 Surface Drainage 15 RECOMMENDED FUTURE INVESTIGATIONS 16 LIMITATIONS 16 �QQ757 TABLE OF CONTENTS Continued FIG. 1 - LOCATION OF EXPLORATORY BORINGS FIG. 2 - SITE GEOLOGY FIG. 3 - ESTIMATED DEPTH TO GROUNDWATER APPENDIX A - LOGS OF EXPLORATORY BORINGS FIGS. A-1 THROUGH A-4, LOGS OF EXPLORATORY BORINGS APPENDIX B - RESULTS OF LABORATORY TESTING FIGS. B-1 THROUGH B-12, SWELL CONSOLIDATION TEST RESULTS TABLE B-1, SUMMARY OF LABORATORY TEST RESULTS APPENDIX C - GUIDELINE SITE GRADING SPECIFICATIONS n'n757 SCOPE This report presents results of our Geologic and Preliminary Geotechnical Investigation for the Eldorado Industrial Park site located north and south of Weld County Road 22 and approximately 1/4 miles east of 1-25 in Weld County, Colorado (Fig. 1). The site is planned for a mixed residential, commercial and industrial development. The purpose of our investigation was to evaluate the soil and geologic conditions to assist in development planning. The report includes descriptions of site geology, our analyses of the impact of geologic conditions on development, a description of subsoil and groundwater conditions found in borings and discussions of site development as influenced by geotechnical considerations. The investigation was completed in accordance with our Proposal dated November 9, 1994. Our firm is concurrently performed a Phase I Environmental Site Assessment and the results will be presented in a separate report. This report was prepared based upon data from our field and laboratory investigations as well as our experience. The preliminary recommendations presented in this report are intended for planning purposes. Site specific investigations for construction may indicate conditions that require adjustment of some of the general criteria presented herein. A summary of our conclusions is presented below. SUMMARY OF CONCLUSIONS 1. Subsoils found in exploratory borings consisted of slightly silty to clayey, gravelly sands and sandy clays. The soils were underlain by sedimentary sandstone and interbedded claystone and sandstone bedrock in 11 borings at 18 feet to 24.5 feet below surface. Clay samples exhibited compression, or low to moderate swell potential in laboratory testing. Bedrock samples showed low swell potential. Free groundwater was measured in all borings at 6 to 18.5 feet below the ground surface. Shallow groundwater and soft soils are present over majority of the site, particularly in the northern and eastern portions (Fig. 3). ac0757 2. Our investigations indicate the major geological and geotechnical constraints for the site are the shallow groundwater and soft soils, Proper planning and engineering of site grading, dewatering, slabs and foundations will be needed to mitigate impacts of these constraints. 3. We judge shallow groundwater is the most critical geotechnical issue. Shallow groundwater may influence the development plans, limit the depth of basements or require dewatering systems. For residential development, basement floors should be at least 3 feet above the groundwater level. Raising the site grades, installation of an underdrain system below sanitary sewers, and ditch or drainage improvement to control and lower groundwater can be considered. We believe industrial, commercial and residential use without basement construction would be the simplest approach in areas of shallow groundwater. 4. Site grading and utility installation may require dewatering and stabilization of soft soils in the northern and eastern portions of the site. 5. Preliminary information indicates footing foundation systems will be appropriate for this site. Some footings may need to be designed with very low bearing pressure due to soft soils. Piers should be used for sites where expansive clays or claystone or very soft soils are present. Pier foundations may require casing and dewatering during construction. For heavy commercial and industrial facilities, mat foundations, driven piles or drilled piers may be necessary. 6. Structural floor should be used in finished living areas of residences. Commercial and industrial floors, and residence basement floor slabs may be supported on either comparatively non-expansive sands or expansive clays. Slabs founded on expansive clays may experience low to moderate potential movement. Lightly loaded slabs supported on sands will have low risk of movement. Design details will be needed to mitigate the damages caused by the movement of the subsoils. The use of structural floors in unfinished basements should be anticipated where swell potential is high or very high. Structural floors should also be anticipated in unfinished walk-out basements on moderate, high and very high swell sites. Heavily loaded industrial floor may require stabilization of subgrade to reduce potential floor movement. 7. Control of surface drainage is critical to the performance of foundations, slabs-on-grade and pavements. Surface drainage should be designed to provide rapid removal of surface runoff away from structures. S. Foundation drains should be anticipated around below-grade construction. Deep foundation drains with a gravel layer below the basement floor should be anticipated for the areas where groundwater is within 3 feet below the floor. 2 ? '0757 SITE CONDITIONS The site is located north and south of Weld County Road 22, and approximately 1/4 miles east of the Interstate 25 in Weld County, Colorado (Fig. 1). The site covers approximately 240 acres. The ground surface generally slopes from the southwest down toward the north and east. Topographic relief across the site is about 60 feet. Existing site contours are shown in Fig. 1. The site is currently used as agricultural fields and grazing land. A singe-family house is south of Weld County Road 22, adjacent to the western property line. Two gas wells are in the southern half of the site (Fig. 1). A drainage about 6 to 10 feet deep crosses the site, running from south to north. Boulder and Weld County Ditch intersects the drainage in the south-central portion of the site. The Ditch was about 5 feet deep, dry and covered with snow at the time of our field investigation. Some trees are present adjacent to the drainage. An existing commercial building and several storage lots are west of the site. Other areas surrounding the site are not developed. St. Vrain Creek, Boulder Creek and several ponds within Barbour Ponds State Recreation Area are about 1.5 to 2 miles northwest of the site. Rural Ditch, Last Chance Ditch and several other irrigation ditches are in the surrounding areas. PROPOSED CONSTRUCTION The site is planned for mixed residential, commercial and industrial development. The residential development may include single family subdivisions and mobil-home or RV parks. Water and sewer will be installed. We understand there are existing water lines and sewer lines crossing the site. The streets will be paved. The development and grading plans are not available at this time. We anticipate overlot grading to include cuts 3 q'30757 in the southwest portion and fills in the northern and east portions, near the drainage and the ditch, with maximum cuts and fill of 5 to 10 feet. We assume the soils from the cuts will be used as fill. Imported fill may also be required. The properties of the fill may impact the proposed development. SITE GEOLOGY Site geology was investigated*by reviewing geologic maps, field observations by our engineer and drilling of 18 exploratory borings. The approximate locations of our borings are shown on Fig. 1. Geological mapping by Roger B. Colton ("Geologic Map of The Boulder-Fort Collins-Greeley Area, Colorado", USGS Map l-855-G, 1978) indicates Broadway alluvium of Pleistocene age covers the northern portion of the site, and eolian (windblown) clay, silt ('loess") and sand of Upper Holocene to Bull Lake Glaciation age are present in the southern portion and northwestern corner. Geologic mapping of the site is shown on Fig. 2. The bedrock underlying this area is Fox Hills sandstone and Laramie Formation. The Laramie Formation contains claystone, sandstone, and siltstone bedrock. Broadway alluvium was deposited by the South Platte River and its tributaries. The windblown loess and sands can be highly compressible and soft after wetting. The claystone is expansive. Our borings and laboratory testing generally confirmed the mapped soils and bedrock. We found slightly silty to clayey, gravelly sands and clays underlain by sandstone and interbedded claystone and sandstone bedrock in our borings. Groundwater was measured in all borings at 6 to 18.5 feet below the existing ground surface. Most of the sands and clays in the northern and eastern portions are wet and 4 oc0'75'7 very loose or very soft. Clay samples showed compression or low to moderate swell potential. Bedrock samples exhibited low swell potential. SUBSURFACE CONDITIONS Subsurface conditions were investigated by drilling eighteen borings at the locations as shown on Fig. 1. The borings were drilled using 4-inch diameter, continuous flight, power auger. Drilling operations were supervised by our field representative who logged the soils and obtained samples for laboratory testing. Graphical logs of the soils found in our borings and results of field penetration tests and a portion of laboratory test data are shown in Appendix A. Samples obtained during drilling were returned to our laboratory where they were visually classified and typical samples selected for testing. Laboratory testing included natural moisture content and dry density, gradation analyses, Atterberg limits, swell- consolidation, unconfined compressive strength, and soluble sulfate tests. The results of the laboratory testing are presented in Appendix B, and summarized in Table B-I. The subsoils found in our borings generally consisted of slightly silty to clayey, gravelly sands and sandy clays underlain by sedimentary sandstone and interbedded claystone/sandstone bedrock. Bedrock was encountered in 11 borings at 18 to 24.5 feet below the existing ground surface. Slightly silty and clayey sands were encountered in all borings. In some locations, the sands are interlayered with clays. The sands were very loose to very dense. Sands with occasional gravel or clay layers were found in 17 of 18 borings at depths of 9 to 19.5 feet. Cobbles were encountered in boring TH-13 at about 20 feet. We believe the near surface sands are windblown deposits and deeper sands are 5 9430757 alluvium deposits or derived from intensive weathering of the sandstone bedrock. Sand samples tested contained 4 to 46 percent silt and clay size particles (passing No. 200 sieve). Field penetration resistance tests showed most near surface (5 to 15 feet) sands in the northern and eastern portions of the site are loose or very loose. Sandy clays were encountered in 15 borings. In many locations, the clays are interlayered with sands. The clays were soft to very stiff. We believe the near surface, soft clays are wetted windblown deposited loess and stiff clays at depth are alluvial • deposits. A total of eleven clay samples were selected for one-dimensional swell- consolidation tests. The samples showed compression or predominant low swell potential. The test results have been grouped as follows: SWELL SUMMARY FOR CLAYS Compression Low 0-2% Moderate 2-4% High 4-6% Number of Samples 1 9 1 0 Percentage 9 82 9 0 Sandstone and interbedded claystone/sandstone bedrock was found in 11 of 18 borings at depths of 18 to 24.5 feet. Bedrock was encountered mainly in the southern portion of the site. Two bedrock samples were selected for swell tests and exhibited no volumetric change and low swell potential (0 and 1.4 percent when wetted under an applied vertical pressure of 1,000 psf). Highly cemented sandstone was encountered in boring TH-9 at 21 feet, and caused drilling refusal. Free groundwater was measured in all borings at 6 to 18.5 feet below the existing ground surface at the time of drilling, and was found at 6 to 17 feet when checked several days after drilling. Shallow groundwater was found in eastern and northern portions of 6 x"'0757 the site. Figure 3 shows a preliminary estimate of depth to water. The areas of shallow groundwater are based upon water levels measured in widely spaced borings at the time of our investigation and will vary with season and local conditions. SITE DEVELOPMENT CONSIDERATIONS The impact of soils and geologic conditions on site development should be considered during planning of the project. The primary geotechnical conditions that will influence development are shallow groundwater and soft or loose soils which will require mitigation and may complicate or constrain development for portions of the site. Another concern of a lesser magnitude is the low to moderate swell clays. The presence of aggregate resources or past underground mining was also evaluated. Each of these concerns is discussed in the following sections. Shallow Groundwater Shallow groundwater will affect development. Our estimate of areas of shallow groundwater (less than 10 feet) is shown on Fig. 3. In the north and east portions, the groundwater surface was 6 to 10 feet deep. We believe the irrigation of the farmland, ponds and drainages in the area contribute to the shallow groundwater on the site. The primary alternatives available to mitigate shallow groundwater involve one or a combination of the following: 1. Limiting the extent and/or depth of improvements, specifically avoiding deep cuts in areas of shallow groundwater and adjacent to the irrigation ditch and the drainage during site grading, 2. Raising grades to increase the depth to groundwater, 3. Installation of a network of permanent dewatering systems such as sewer underdrains, and 7 91'2.0757 4. Lining or installation of a culvert along the ditch and drainage. We recommend the depth of basement be limited so that the basement floor slabs are at least 3 feet above the groundwater level. A garden level basement may be used. Where water is within 3 to 4 feet of the basement slabs, underslab drain layers and deep interior drains should be anticipated. Installation of an underdrain below the sewer line along the streets can lower the groundwater level. The underdrain needs a positive gravity outlet such as detention ponds and it should be considered in planning of site grading. Drawdown of groundwater at the site may impact the groundwater of the general area and further study is needed to evaluate the potential impacts. Lining or installation of a culvert in the ditch or drainage may only marginally improve the groundwater conditions immediately adjacent to the ditch 6r drainage. We believe limiting the depth of below-grade (basement) construction, raising site grades and installation of a sewer underdrain are more feasible and practical. Once site grading development plans are initiated, we would be pleased to work with the planner and civil engineer to assess impacts of groundwater on proposed site use. Expansive or Compressible Soils Our test results showed the near-surface clays were predominantly either compressible or possess low swell potential. Low swell bedrock was encountered at 18 feet or deeper. We believe the impacts of swelling soils and bedrock are relatively low at this site. The compression or time consolidation of soft soils under the weight of the fill may affect project schedule. Pavements or structures should not be built before consolidation is completed. With advanced planning and precautions during design and construction, we believe the potential problems associated with the swelling and compressible soils and swelling bedrock can be mitigated. 8 ,?(1.,0757 Underground Mining and Aggregate Resources The the is not located in an area of past coal mining. The Boulder-Weld coal field is about 2 miles south of the site in Tri-Towns (Firestone, Frederick and Dacono). The "Map Showing Potential Sources of Gravel and Crushed-Rock Aggregate in the Boulder- Fort Collins-Greeley Areas, Front Range Urban Corridor, Colorado" by Roger B. Colton and Harold R. Fitch (USGS Map I-855-D, 1974) indicates there are gravel deposits underlying terraces and flood plains in the northern and eastern portions of the site. We found sands with variety of sift and clay particles and interlayered clays under the site. We do not believe there are substantial amounts of aggregate resources that are economical to mine. Slope Stability and Erosion The existing site topography is fairly flat or gentle. Site grading should be properly planned to prevent slope instability and erosion problems. We recommend soil cut and fill slopes of 3:1 (horizontal to vertical) or flatter to reduce erosion and maintenance problems. Flatter slopes on the order of 4:1 may be appropriate where sandy soils are exposed on the slope face. Immediate vegetation or other protective measures are recommended. As grading plans are developed,a geotechnical engineer should evaluate cut or fill slopes higher than 10 feet and slopes steeper than 3:1, if they are required. If requested, we would be pleased to provide further consultation on design of slopes for the project. Grading Recommendations Planning of the site grading should consider the potential impacts of shallow groundwater for basement construction. Basement floor levels should be set at least 3 9 0CQ757 feet above the groundwater. Soft clays are susceptible to consolidation under thick fill or heavy foundation loads. Fill depths of 10 feet or less are not anticipated to cause significant settlements. Fills over 10 feet in thickness will likely require additional investigation and monitoring during and after placement to estimate potential settlement amounts and rates, and to confirm these estimates after construction. The soft clays and loose sands near groundwater levels may cause problems such as 'pumping during fill compaction. Stabilization of the loose soils and dewatering should be anticipated during site grading. The stabilization may consist of placing a comparatively thick, bridging lift of fill to provide a stable platform so fill placement can be performed in a conventional manner. Areas'to receive fill should be properly prepared. Prior to fill placement, all vegetation and soft or organic topsoil should be removed. The subgrade soils in fill areas should be scarified, moisture conditioned 0 to 2 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). The soils in cuts at this site have very high moisture which could require drying prior to compaction. This could slow progress and limit the time when grading is possible to late spring through early fall. We anticipate on-site sands, clays or bedrock from cuts or imported fill will be used as fill. We recommend overlot fill and utility trench backfill placed at this site be moisture conditioned to within 2 percent of optimum moisture content and compacted to 3 at least 95 percent of maximum standard Proctor dry density (ASTM D 698). If grading fills in excess of 10 feet are necessary, the portions more than 10 feet below final grade should be compacted to at least 100 percent. The placement and compaction of fill should be observed and tested during construction to verify the contractor has achieved 10 5%4.70957 adequate moisture and density. Appendix C contains guideline site grading specifications. Utility Excavation and Dewaterinq The overburden soils and bedrock found in our borings should not present unusually difficult conditions for site grading and utility excavations. Ripping, jack- hammering, or light blasting could be required if cuts penetrate into cemented Fox Hills sandstones. Dewatering will be required where excavations penetrate groundwater levels. Stabilization of the base of excavations may be required where soft clays or loose clayey sands are at the base of the excavation. Where excavations extend 2 to 3 feet below groundwater it may be possible to dewater by sloping the excavation to isolated sumps and pumps. Where more permeable granular soils are encountered or deeper excavations below groundwater are required, more extensive dewatering methods such as wells or well points may be required. Soils excavated from utility trenches may require extensive drying before compaction. This will likely slow progress and limit time of year when effective construction is possible. Excavation should be properly sloped or braced. We believe the soils on this site are Type C soil based on OSHA standards and require a minimum slope of 1.5:1 (H:V). Flatter slopes may be necessary in areas of clean sands with shallow groundwater and seepage. Some clay soils on this site could classify as Type B soils with allowable 1:1 (H:V) slopes. However, the presence of soft clay, sand seams and shallow groundwater indicates probably the flatter slopes corresponding to Type C soils will be required over most portion of the site. 11 . 9e..0757 Pavements The subsoils found during this investigation consisted of sands and clays. Generally, the sands will provide comparatively good support for pavement. The soft clays are poor subgrade and will require thicker pavement sections. We believe asphaltic concrete, or asphaltic concrete over aggregate base course will probably be the most practical and economical pavement sections. Stabilization of wet, soft clays and loose sands with lime, fly ash or cement may be required in certain portions of the site prior to paving. For preliminary planning purposes, we estimate the pavement sections for the residential streets may consist of approximately 5 to 6 inches of full-depth asphalt or 3 to 4 inches of asphalt over 6 to 10 inches of aggregate base course. Collector, arterial streets and bus lanes will require thicker sections. The design thickness for pavements could change significantly, depending .on overlot grading and site preparation. A subgrade investigation and pavement design should be performed after overlot grading. Underdrain Shallow groundwater exists in portions of the site (Fig. 3). We recommend an underdrain system below the sanitary sewer be considered if basements are desired, and if cuts will occur to near groundwater. A gravity outfall may be difficult to locate on or near this site. The underdrains should be designed so that they are at least 4 feet below adjacent basement floors. The underdrain should consist of 3/4-inch to 1.5 inch clean, free-draining gravel surrounding a PVC pipe. The pipe should be sized for anticipated flow. A 4-inch diameter pipe and gravel can typically serve up to 100 residences. The pipe diameter should be increased to 6 inches where 100 to 200 residences are served by a single line. Larger pipe will be required where underdrains are used to lower existing water levels. The line should consist of smooth, perforated or slotted PVC pipe laid at 12 or0. 75'7 a grade of at least 0.5 percent. A positive cutoff(concrete) should be constructed around the sewer pipe and underdrain pipe immediately down stream of the point where the underdrain pipe leaves the sewer trench. Solid pipe should be used down gradient of this collar. The underdrains should be designed to discharge to a gravity outfall and be provided with a permanent concrete headwall and trash rack. The existing sewer line crossing the site may not have an underdrain beneath it. The underdrains should be designed to discharge to a gravity outfall such as detention ponds or local drainages. Due to relatively flat topography and shallow groundwater, it may be difficult to provide gravity outlets for the underdrain. Very long outlet sections or lift stations may be necessary depending on site grading. Planning of grading and utility should consider the feasibility of underdrains given the topographic constraints. CONSTRUCTION CONSIDERATIONS This property is planned for residential, commercial and industrial construction. Below are our opinions regarding foundations, floor slabs, basements and drainage for the anticipated construction. Building Foundations Fill, sands, clays, and possibly claystone and sandstone will be present near the ground surface after overlot grading. Our investigation indicates these soils and bedrock are either swelling or compressible. In the northern and eastern portions of the site, the soils are soft and loose. Footings, drilled piers bottomed in bedrock and drilled friction piers are potential foundations. Footings may be used where sand soils or low swell clays are found. Some footings may require minimum deadload. Footings on soft clays or loose sands with shallow groundwater should be designed with low bearing pressures 13 4 ..0'757 (around 1,000 psf). We anticipated most residences can be founded with spread footings. For commercial and industrial structures, heavy loads may require using mat foundations, driven piles or drilled pier foundations. If footing foundations are preferred and thick layers of compressible soil are present, overexcavation and recompaction of the soft soils may be required. Piers should also be anticipated where expansive clays or claystone or very soft soils are present. Friction piers may be used in areas where relatively thick swelling clay is present and bedrock depth is more than 15 to 20 feet deep. The piers should be anchored below the zone of probable moisture variation and designed to resist swelling pressures of subsoils. Temporary casing and dewatering for pier installation will be required for some locations. A detailed, site-specific investigation will be necessary to develop specific foundation recommendations anddesign pressures after site grading is completed and building locations are established. Floor Systems The near-surface materials include predominantly low swell, sandy clays and comparatively non-expansive sands. We believe these soils are suitable for supporting lightly loaded slabs-on-grade with low potential of movement. Structural floor should be used in finished living areas of the residences. Design details will be needed to mitigate the damages caused by the movement of the subsoils. The use of structural floors in unfinished basements should be anticipated where swell potential is high or very high. Structural floors should also be anticipated in unfinished walk-out basements on moderate, high and very high swell sites. Basement floor warranty requirements may force use of structurally supported basement floors on all moderate, high and very high swell sites, depending upon the type of financing used. Swell potential and 14 ?..c.70957 compressibility of the soils should be better defined during a detailed Soils and Foundation Investigation. It appears the sand soils and low swell clays at this site will allow use of slab-on- grade floors for lightly loaded commercial and industrial floors. Heavily loaded industrial floor may require stabilization of subgrade or replacement fills, to reduce potential floor movement. Basements Groundwater was shallow in the northern and eastern portions of the site. Groundwater may limit basement construction. Alternatives for control of groundwater were discussed in SITE DEVELOPMENT CONSIDERATIONS. Foundation drains will be necessary around all below-grade areas. We suggest foundation drains be tied to a sewer underdrain system or to sumps where water can be removed by pumping. Shallow groundwater may require the use of underslab drain layers and deeper than normal interior perimeter drains. These types of systems are recommended where groundwater will be within 3 to 4 feet of lower level slabs. We recommend basement level construction be limited to a minimum of 3 feet above groundwater levels. Basement excavations which penetrate groundwater may require dewatering or stabilization of soft soils. Surface Drainage The performance of this development will be influenced by surface drainage. 4 When developing an overall drainage scheme, consideration should be given to drainage around each building. Drainage should be planned so that surface runoff is directed away from foundations and is not allowed to pond adjacent to or between buildings or over pavements. Attention should be paid to compact the soils behind curb and gutter 15 Q"o757 adjacent to the streets and in utility trenches within individual lots. If surface drainage between preliminary development and construction phases is neglected, performance of the roadways, flatwork and foundations may be poor. When considering landscaping for common areas, we recommend the use of xeriscaping which requires little initial or • long-term watering. - RECOMMENDED FUTURE INVESTIGATIONS Based on the results of this investigation and the proposed development, we recommend the following geotechnical investigations be performed: 1. Review of site grading plans; 2. Study of the feasibility of the underdrain system, including a groundwater study to determine the feasibility of lowering the groundwater, potential for impacts to the surrounding areas, and design of the underdrain system; 3. Construction testing and inspection for site development such as compaction of grading fill, utility trench backfill and fill for pavement and foundation; 4. Subgrade Investigation and Pavement Design after grading; and 5. Design-level soils and foundation investigations after final grading. CTUfhompson, Inc. would be pleased to provide these services. LIMITATIONS Our borings were widely spaced to obtain preliminary subsurface information to aid in development planning. Variations between the borings should be anticipated. We should review the site grading plans once they are available. A geotechnical engineering firm should be present during site grading to observe grading operations, identify the soils found during excavations, and perform compaction tests in fills. We recommend 16 additional investigations for design of underdrains, foundations, slabs-on-grade and pavements. This investigation was conducted in a manner consistent with the level of care and skill ordinarily used by geotechnical engineers practicing in this areas at this time. No other warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or analysis of the influence of subsurface conditions on the design of the proposed construction, please call. CTLJTHOMP,ON, TS" ?it ff Hui Sheng Liang P.E. L Project Engineer Reviewed by: 143- nek Nan-Ping Hsieh, P.E. Project Manager �3Iz:8kb Ronald M. McOmber, P.E. Principal HSL:NPH:RMM:hsl/sdc (6 copies sent) A 17 9`.'.0757 t ca'O. 119 WCR Y•TH_1 • V/ 0.EI�' wan c0. co. 22 . iCffE7" 11 I EGG TH— I •2, • � �86o TH-8kr VICINITY MAP WD SCALE I TH-3 TH-9 • • )1 I SCALE: 1"=600' -1- WELD CObNTar—RG 22 / 6 TH-10 �/� • �� T • . • 0G\ • 7r TH-13 TH-16 I • �—�„'•yNo f l ( \ \ GAS 1 wELD� COUNTY DITCH / \ WELL TH-14 iH-17 TH-5 TH-11 (I/ • • I • \ • I I \ GAS LINE ; \ / • WELD I ` •' I • ( TH-15 • CTL/THOMPSON, INC. TH-6\ TH 12 ( 4\ \ / TH-18 CONSULTING ENGINEERS 1 1971 W. 17M11 AVENUE, 0bCOMMIE)4A, CC !0204)/ N-- - ----- --\ LOCATON OF \ I EXPLORATORY BORINGS C •.� 0957 ELDORADO INDUSTRIAL PARK WELD COUNTY, COLORADO JOB NO. 22,543 FIG. 1 .____ d I O �9 I WS Ls S- N y C 22 � ! aR P Su n € ni o H $9 0 ooi wo,1 Ly1 _mooZ¢_ A62 -g1> NNym2 OO -2 o Zoo i0a2g 2 %m`i>a> 6U Uin(nWO 61Np O 2 JU m pGOzM %eea aZOW VIW O K 2Qa� 89pg-, 4OQ ONE.- m-025 3 3F W2NN O O 6 JNO Z G'gi CjJ • . • m• m gup$ W • O 2 Zag6 J • 2 ,-O3O O 0 m 1U \ --08H9J 10 x �i), _-� L -____ .„-- j : :. : : : : : : : : : : : : : : : . :0 : :: \ , . . . • • • • • . .. i : • : .. - - - - - - - - —, ____ ___- --- / ,___ _� • 9 .0757 1 LEGEND: TH-1 TH-1 TH- • 7` INDICATES BORING LOCATION AND • I I. (6) �B) I (6) DEPTH TO GROUNDWATER (FEET), I 10 INDICATES ESTIMATED DEPTH TO GROUNDWATER (FEET). INDICATES ESTIMATED AREA �. J. .'. OF SHALLOW GROUNDWATER TH-2 TH 8 (LESS THAN 10 FEET) i •. . . ' AND SOFT OR LOOSE SOILS. •to (7) (10)\ i NOTE: GROUNDWATER CONTOURS WERE BASED UPON A SUBJECTIVE ANALYSIS OF WIDELY SPACED BORINGS AND SITE FEATURES. GROUNDWATER CAN FLUC- TUATE DUE TO SEASONAL CONDITIONS ' AND WILL VARY. • TH-3 TH 9 (10.5) 1 I WELD COUNTY RD. 22 TH- JTH-13 7TH 16 5.5) • \9) / (8) ( ) NO (if 1tI GAS WELD ` coUN DITCH WELL I SCALE: 1'=600'/ TH .14. . . TH-17. TH-5 TH-11 . . . . .• • I • • (7 5) (6). (17) (11) a G• . LINE a GAS WELL 1 TH-6 TH-.1.2 TH-15 • (17 • • (11) • • CMPSON, INC. (7) _ TH-1 8 CONSULTING ENGINEERS f (11.5) caoTECN u/emRonwEmoiATmws 1071 W. 12TH AFNUE OEM£R, COLORADO 00204 (703) 023-0777 ESTIMATED DEPTH 15 10 10 TO GROUNDWATER 1 ELDORADO INDUSTRIAL PARK WELD COUNTY, COLORADO 000957 JOB NO. 22,543 FIG. 3 APPENDIX A LOGS OF EXPLORATORY BORINGS 99)757 757 TH-1 TH-2 TH-3 TH-4 x 41 .I' 4/12 ..� 3/12 8/12 13/12 J 5 0, 13 WC=23.0 • i • WC=15.3 WC=15. 1 5,. •` DD=106 0 13 — ,. ,' • -200=38 /.' .% r ` 6/12 1/12 0 , 12/12 11/12 '1 10 ' • , 4 �• � •� WC=6.5 jprr w - "f4. '� DD=116 W r %/ e,74 w lL r .owe �.� , '1" - S r EL "� 15 �a ' WC/6.0 17/12 30/6 4):7 FEC)* (73 F _ _ —200=4 "a' 4 y15 �"7 t. < e j r 4.A e iser / f� 20 12/12 9. e` 38/12 p12/12 19/12_ 20 _ 49; 04 04 04 Y9 90 MO .09 09 4 - 44 04 0,0 MO 21/12 25 ill 7/12 28/12 "a� e' 17/12 25 • LOGS OF EXPL0P,AT02Y DOINGS JGB NC . 22 , 543 FIG . A-1 0"0957 TH-5 TH-6 TH-7 TH-8 0 7 r • 0 7 o 19/12 j40 11/12 . 10/12 •.: I 9/12 5 //�--� WC=13.6 WC=7.5 5 I DD=111 DD=104 �• SS=0.042 , / 0,13 i m' , 24/12 e 2 18/12 1• • 2/1813 0 • . , 3/12 10 WC=13.7 WC=15.2-6 ;1 _ 10 - - DD=119 /0, DD=115 w - SS=0.006 // • _ w - �� • • - L 1- , 16/12 �r , 33/12 , 6/12 H 16/12 - W 15 WC=18.7 / WC=18.4en c_ WC=25.1 IS C 0 — / DC=111 4 DD=111 4 e_o DD=98 -. p se 0 LL=39 —_ UC=3,800 'q —200=53 R ::. ti o .. _ - 200=75 - s:: :°. .'I 50/4 13/12 * � 43/12 ` 31/6 20 *e R.: , 20 OP 66 Dm Af ear a'•no •. • 25 • , 50/4 8/12 30/6 - WC=17.7 25 DD=110 LOGS OF EXPLORATORY BORINGS JOE N� . 22 , 543 FIG . A-2 ?"0757 TH-9 TH-10 TH-11 TH-12 .�0 —7 0 e _ I ). / i' 5/12 _ 9/12 �2 9/12 • ,. . 5/12 .--5 WC=16.7 WC=12.0 `' r .. 9 DC=103 I DD=112 0 ... • -200=58 ,- 0 3.'' 0 I 4 4 1/12 r :a^. � / 11/12 i •, 5/12 4/12 ^10 = {; 4 eel" 0 WC=17.2 10 r • _ .* 4-t..-• DD=112 ., -. t- UJ w I • apo' UC=2.000 ' - - w L - :7', t s.: t. L. T as _ T G ? ' 4/12 Ara°, 8/12 16/12 , 10/12 15 c. Iii X15 •� ,e: WC=19.9 r o -°0 DD=112 < ee? n d` e> o: o e:a a amill. „ea O"G, e y s a a 4:.: 'a Q?.0 Y y. _ 20 >o 16/12 ;e. 18/12 . o�*11/12 27/12 d ee � 20 ee ea..e eR: /\ ?d,e . - - s De. 0 A _ 2119/12 50/4 25 LLLLLL 25 LOGS OF EXPLORATORY BORINGS NO . 22 , 543 FIG . A-3 ?0O 57 c [r 6 6 Z � —G a 2 YI 3 O 3 2• N r S E } x [�� ¢ C . �` p I- 0 Q I LL, F JF W < V E LL 2 F W — ¢ pp 2 4 co N G ` ¢ .2 u o a W a W W b w r LL-F O W S F' G F 2— w O p N Z < �y N p p u,a a W Z < V L > O 7 C — 0 ID •- W W W W < — f Z S 1Q¢� J J u C W *S O W J JJI ¢� V ` ' W N Q p N t^ W O F I0 �. zC LL. o W iy Tv' N i iyN 0 IY W N $ Z a • in a F V C v F - > N Z W N Z N VV D v. S a F •Z Z J o g twn w c ¢ w < 4 W °nM Fl3 1 > I- m a �} o lu 8 N .'.� yZ>1 Z\ ¢ k u ¢N_ '$qp1' 8 e: itt Z N G w > 8 O 2 F f 1~,Vi F c 4 .Ji lu V1 J CC Q W C D. O .. > Q V W 2 > t > N in 4 .t� LL G Cc F In Z— LLm F v > V V •,N > J 2 • V W F g sH C U J £ E a. 0 . . N > .. - J Z • Z2 aW > a£ a t- 2 i _ > W N 3 W 3 > 2 WQ O W Q O d LL V W J W « < Q W O <J 3 J F < N O C 8 C J in ¢ pO - N , c [j < S U 6 N N U li' K 6 OW m U p W ?pIQ O W N W W Z 0 Z Z du, P ex 0 N W p N J> Q o$J 2u ` i 2 ¢ < G < a - N Q W < W in Z h 1/i > F a > O in LL N ll ` p�pV u pVp o f 22 pp f u , d : Sd WO Ene g > 3C -C in 1 ≥en oo Z 4 Z � N a F 2 ≥W C < • g— % 1- I © 1 ® ® ® ai _- ]-- -II• g • w uj p I` - gbw 133.1 - 10020 W C OF •-,>- < _} o y a-a -6- aJp I I I t 1 1 „ I I , I I , t I 1 1 1 1 I 1 1 1 , I K O JD W c r 0 J c en o En O �<} 66 N W I F> 0 0 J( ZU rcL nit J6 J3 N in CIE N ry y ry in a <pOW 00 N N in N 1 In U N U w F F f YW- r F u n m ' - r Z V o DJ m - V O _ ... 1°n i$ c VVUUVEJU • a it. O l,. F Es: et N N N N 0' N e d n n m o 7 R'S CL C• XI: .*. cc ¢ p. • nll•a > N W NN N a N O • pI r o 2 O P N r N Q J " 1'o, o N DI P O in N o u ° b N ` m = SO n „ I. -J o N J L a H. n C . N - OF N Nn 1111 O N .N. \ ill = r....:..,.... ,.A..:..: ..•.. :..:. .= ate N•n Oil. m o n cv - D. - v N N n I 7.1`- g'88 N m 4 o it) N Ill n ( �• `+ en 'all' en p. in a 0 - n n ■A■'�y/ y/� N • I t , t , i t lLl r , , I I I t t , t Flit I 0°i1 �15 • ° 9 1334 - N1d30 0 APPENDIX B RESULTS OF LABORATORY TESTING 00'75'7 3 2 --------- --- - --- - 0 - ----- -------- - Z O z1 - -- - - - -- a • x .NO 'MOVEMtRt DUE TO WETTING Z O r u.L 3 --- _.._ - .-- 7 ____.___ —_ ce t O . U — 0.1 1.0 10 100 • APPLIED PRESSURE -• KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 106 PCF From TH-1 AT 4 FEET NATURAL MOISTURE CONTENT= 23.0 % 3 • 2 - - -- ---- ------- ----- --•-- - - - -- --- - -- - -__ .- - NO MOVEMENT DUE TO WETTING 0 7,-.T_____. __._____ ______________._ O v> a X W O N N !Z O U 0.1 1.0 10 100 APPLIED PRESSURE -- KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 112 PCF From TH-3 AT 4 FEET NATURAL MOISTURE CONTNT= 15.1 Swell Consolidation JOB NC. 22,543 - (:"_-.0757 Test ResultsFIG. B-1 6 . - -. 3 2 0 ---- ___....�-.._... - --- _ ._ .._.. .. _.. ..__ _ 2 - _.. _.. .... . . . . - ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO 3 - WETTING Z 0 N ZJ . _ ..._ - _ ---- ..—_.0 x Lu 6 - — Z 0 U) N as.t 7 Cg 0 Ua . 0.1 1.0 10 100 APPLIED PRESSURE — KSF Sample of SAND, CLAYEY (SC) NATURAL DRY UNIT WEIGHT= 116 PCF From Thf-4 AT 9 FEET NATURAL MOISTURE CONTENTS•5 Swell Consolidation JO8 N . 22,543 °‘'0757 Test Results FIG. B-2 7 6 __ 5 - n g 2 3 4 ._-_..- _..._._ ._.. __.. _ -.-__. 0 EXPANSION UNDER CONSTANT Z 5 Q -- -_ - - - PRESSURE DUE TO-WETTING -_----.._--. d 6 ._.-_._ Z O N N Cd 0 U e o.+ 1.0 +0 100 APPLIED PRESSURE — KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNE WEIGHT. 12O PCF From TH-4 AT 14 FEET NATURAL MOISTURE CONTENT=10.3 91°0757 Swell Consolidation JOB NO. 22,543 Test Results FIG. 8-3 3 2 _ -- _ 1 . Z ' Q , _O EXPANSION UNDER CONSTANT N PRESSURE _DUE_T0 WETTING._ Inc O ' 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY,SANDY (CL) NATURAL DRY UNIT WEIGHT= 119 PCF From TH-5 AT 9 FEET NATURAL MOISTURE CONTENT= 13.7 % 3 2 - N z 0 N EXPANSION UNDER CONSTANT ce 3 — PRESSURE DUE TO WETTING - -` 0 U 0.1 1.0 10 100 APPLIED PRESSURE — KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 115 PCF From • •TH--6-AT 9 FEET NATURAL MOISTURE CONTENT= 15.2 o, ��15� Swell Consolidation Test Results J05 NO. 22,543 FIG. B-4 3 2 - 0 0 N X W cn re o a cn EXPANSION UNDER CONSTANT U PRESSURE DUE TO WETTING 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY. SANDY (CL) NATURAL DRY UNIT WEIGHT= 111 PCF From TH-7 AT 4 FFFT NATURAL MOISTURE CONTENT= 13.6 2 1 O 1 • / ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO WETTING 0 N Z2 a • x W e 3 . Z 0 N uy 4 C. . • 0 U 5 0.I 1.0 10 100 APPLIED PRESSURE - KSF Sample of SAND, CLAYEY (SC) NATURAL DRY UNIT WEIGHT= 1O4 PCF From TH-8 AT 4 FEET NATURAL MOISTURE CONTENT= 7.5 % my ry Swell Consolidation JOE NO. 22,543 F^Oel5I Test Results FIG. E3-5 3 2 - NO MOVEMENT DUE TO WETTING ; TTItSCI d X B9- 2 z 0 N uyi 3 C d O U 0.1 1.0 10 - 100 APPLIED PRESSURE — KSF Sample of CL AYSTDNF/SANDSTONE NATURAL DRY UNIT WEIGHT= 110 PCF From TH-8 AT 24 FEET NATURAL MOISTURE CONTENT= 17.7 3 0 0 ADDITIONAL COMPRESSION-UNDER-CONSTANT XPRESSURE DUE TO WETTING • • Z 0 N N 3 ix d 0 U 0,1 1.0 10 100 APPLIED PRESSURE — KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 111 PCF From TH-11 AT 4 FEt i NATURAL MOISTURE CONTENT= 12.0 % ?9)757 Swell µs Consolidation JOE NC. 22,543 Test Result FIG. B-6 3 2 o _ _ _._ - - - _ -- -- z O z1 - __ - _. . . _ _ —_ a.6.x O CC EXPANSION UNDER CONSTANT OPRESSURE DUE TO WETTING U 0 1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 112 PCF From TH--12 AT 14 FEET NATURAL MOISTURE CONTENT= 19.9 % 2 —_ - o - -- z 0 U — -- a1 C- x ay. 0 171 INu cc OEXPANSION UNDER CONSTANT U , PRESSURE DUE TO WETTING 0 I 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 114 PCF From TH-16 AT 4 FEET NATURAL MOISTURE CONTENT= 16.9 % Swell Consolidation JCS NO. 22,543 9F0757( Test Results FIG. B-7 EQ3 O N 4O5 X 2 ----.__--- ------ -N0-M0VEMENT-DUE'T0-WETTING- Z O h a O U 01 1.0 10 100 APPLIED PRESSURE— KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 114 pCF From TH-17 AT 4 FEET NATURAL MOISTURECONTEM= 18.2 3 2 O Z‘7 Z __._ a EXPANSION UNDER CONSTANT O PRESSURE DUE TO WETTING N N W g a. b 0 U 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 111 PCF From TI-I-18 AT 9 FEET NATURAL MOISTURE CONTENT= 18.7 X2°75'7 Swell Consolidation • Test Results JOE NC. 22,543 FIG. S-8 7 5 G . .._. . . ._ - 3 2 3 EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING 4 _.. O h Z 5 - a X W O 0 N N 7 _ ... a O O 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) NATURAL DRY UNIT WEIGHT= 121 PCF From TH-18 AT 24 FEET NATURAL MOISTURE CONTENT= 14. 1 % Swell Consolidation JOB NO. 22,543 9f.)0r 57 Test Results FIG. B-9 Ci;e—ij c 1 HYDROMETER ANALYSIS 1 SIEVE ANALYSIS TIME READINGSLEAR SQUARE OPENINGS 25 HR 7 HR U.SU5 STANDARD SERIES 45 MIN.15 MIN 60 MIN-19 MIN. 4 MIN 1 MIN '200 —:100 '50'40'30 •16 "ID•8 .d 318• 314' 1'/' 3• 100 80 — __---.. .__ _._ ' 70 — _ . — . _ ..... _ ------ ------- :30 a. .2 50___._.__�.___ _________T__ ._ --_— —•- •v. 50 a — .. W _ 10 _... — _:— - 0 -- •001 002`.005 .009 .019 .037 .07E - 149 207 .500 X1.19 2.0-2736 4.76 9.52 -19.1 36.1 76.2 12? 200 0.42 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY(PLASTIC)TO SILT(NON•PLASTIC) SAND GRAVEL FINE i MEDIUM I COARSE FINE I COARSE r COBBLES Sample of SAND. GRAV=I I Y (SPi GRAVEL 46 % SAND S % . .' From TH-1 AT 14 FEET - SILT&CLAY_4 % UQUID LIMIT- PLASTICITY INDEX - J HYDROMETER ANALYSIS 1 SIEVE ANALYSIS 25 HP HP TIME READ;:GS L'S.STANDARD SERIES CLEAR SQUARE OPENINGS 4.3 MIN.15 MIN 60 MIN.19 M11*:. 4 MIN. 1 MIN, •200 •100 •50•40'30 '16 '10.3 '4 3/8' 314" 11/2" 3• 5.6. 8' 100 -- -- 0 90 80 . cD to -. .. _- __. .- _-__.. ....—_....._...._...._.__. d0 2 C . uLI 40 30 - _..... v .001 002 .005 .009 7 1 _ 100 .019 .037 .OJ4 .149 .297 .590 4.19 2.0 2.39 4.76 0.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER OF PARTICLE.N MILLIMETERS CLAY(PLASTIC)TO SILT INON•PLAST)C) SAND _ GRAVEL FINE 1 mEDIUm {COARSE FIN: ( COARSE j COBBLES Sample of SAND, CLAYEY (SC) GRAVEL 0 % SAND 62 % From TH-2 AT 4 FEET SILT&CLAY 38 % LIQUID LIMIT - % PLASTICITY INDEX - - % Gradation FQ757 JAS NO. 22,543 Test Results FIG. _lo r I I I r { HYDROMETER ANALYSIS I SIEVE ANALYSIS 1 25 P 7 HP TIME READINGS U.S.STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN 15 MIN 60 MIN.19 MN 4 MIN. I MN 0. '20 •IX :50'40'30_... 16...'10'8 '4 318'—•'31d' 1 h .._ 3' 5 6._' 100 — '-- • 70. 30 W ........ 30 70 20 10 — — — —. �--90 - •- ... .. .001 .002 .005 .009 .019 .037 .074 .440 .297 .500 1.19 2.0 2.38 4.76 9.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER OF PARTICLE IN MILLMETERS SAND T GRAVEL CLAY(PLASTIC)TO SILT(NON-P;ASTICI FINE MEDIUM I COARSE I FIVE I COARSE I COBBLES Sample of CLAY, SANDY (CL) GRAVEL 1 % SAND 24 % From TH-5 AT 14 FEET SILT&CLAY 75 % LIQUID LIME(- PLASTICITl INDEX - f HYDROMETER ANALYSE I SIEVE ANALYSIS 25 HR. 7 HR TIME READINGS U.S.STANDARD SERIES CLEAR SQUARE OPENINGS 45MIN.15 MIN. 60MN..19MN. 4MIN.--1MIN. '200 __'100.---.'50'40'30 '16_'10'8 ._*4 ......3/8.-__,3M' _1%,'. —3" 5-6_8• 100 CO _......_._ — . -,—._._._.. _ ___...--_.__........._—_______.._............_::--10 80 —. ...—_......_ __._... _ O • — 50 • _ __ _- -....--mac_• .. . . _:..—. --- - Y_ sc . • 0 --- `-�- -..��_ .001 .002 .005 .009 .049 —.037 .074 .149 .297 590 1.19 2.0 2.38 4.76 9.52 19.1 36.1 76.2 127-200 0.42 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY(PLASTIC)TO SILT(NON-PLASM) I SAND �L FINE _1' MEDrur.'. {COAr5E FINE COARSE f comas Sample of Ct A". SouNDY (C1 ) GRAVE. 0 % SAND 4? % From TH-c AT 4 FF-' SILT&C AY CR LIQUID LIMIT -_=___% PLASTICITY INDEX — • Gradation 9c?,075'7 JOB NC. 22 ,543 Test Results FIG. B-11 V I HYDROMETER ANALYSIS L SIEVE ANALYSIS I 25 NR. 7 HR TIME READINGS U.S.STANDARD SERIES CLEAR SQUARE OPENINGS 45 M .15 MIN. 60 MIN.10 MIN 4MIN. IMll. '200 '!00 '50'40'30 '16 •10.8 'd J13'_ 31d' 1Y,:.___3"._ 5'6' B" 90. . _-____r_. 10 Bo- 70 ; 40 1 __ 70 0 .001 .002 .005 .009 .019 .037 .074 .149 .297 .590 1.49 2.0 2.38 4.769.52 19.1 36.1 •76.2•127. 200 0.42 152 I DIAMETER OF PARTICLE IN MILLIMETERS CLAY(PLASTIC)TO SILT(NON-PLASTIC) } SAND GRAVEL l FINE I MEDUM f COARSE FINE J COARSE f COBBLES /e V' Sample of CLAY.�f� GRAVEL O 1 SANDY (CL) • % SAND 45 %o From TH-15 AT 9 FEET SILT&CLAY 55 % LIQUID LIMIT - PLASTICrrY INDEX - % I HYDROMETER ANALYSIS I SIEVE ANALYSIS J 2 'R. 4411. NR TIME READINGS U.S.STANDARD SERIES CLEAR SQUARE OPENINGS IOCMIN.15MIN. 60 MIN.19M1N. 4MIN. I MIN. '200._-'100,_---50_'40_30 .'1O10:8 ,_._4 318'_ 314• 1X'._._._.3 - 5'p-0 90 - - - _ B? (7 __________ •,__.__;:..:_•__. ..._.-..�-__ - ----- 30 < da _--o. •50 __-----,.........•-...:.----...-70 20----________•__-_-:-_-___:_-•----,.w__,_-- .---..•-•-----------. .. 80 a 0 - .001 30 .005 .009 .019 ,037 .074 .149 ,297 590 1.19 2.0 2.38 4.76 9.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER OF PARTICLE IN MILUMETERS CLAY(PLASTIC)TO SILT(NON-PLASTIC) SAND GRAVEL FINE 1 MEDIUM l COARSE FINE ( COARSE l COBBLES Sample of GRAVEL % SAND %, From SILT&CLAY-% LIQUID LIMIT % PLASTICrry INDEX % Gradation 0 ' 5'7 JC5 Ni .om 22, 543 Test Results ' .. FIG. 8-I2 _ I w d 0 W co _ co 00 .41 cv a J } o J 1 J J J J J J to J Z J J J J co m .i J J N O O =1 `-' 0 `'' 0 0 0 0 0 0 >. 0 < 0000 } }}. U U U U 111 W } >- r >- z w _J p > >- 0 >- moommo >- Ow0000 >- >- ❑ 0OO m `O a � gagaaaaaagaoaaaaggaaaa 0 0 m (9UmUmmmmmmUmcnmwmc3Umv� mm Y17t7 > o > > >= > } > n >- )- > > > rrio > > > >' gaa5i55555sas5ssgaa55ss U m Cn O m 0 0 0 0 0 O m 0 0 0 0 0 0 f, 0 0 0 OLU . coo mhgW fs. 2 Cu)W Now — Q Z m a a w E a D 3 - m M ' - - § v D -- e 0 J 5 * d d . ~ m M 0j W O co ? WI- r a m mf- cc o a ¢ a W = v m }' -N Q = 'n 1- O - f:, i_ z cc f5O m n M 5 o J J Q LL -. I O J M N C- N O T N r r 0) O OO N N N Ir C? to y r T T r . . . . . '( I O ^ p r T T • 1• L211 ... ,r V i J W i— O O T iA ch t t- I N 1 d (D N r �f O N O N N . o) N 1. • Q = Z N w - r Q O!r m r N t. CL! CV n C7) 6 r C? CL) CD m 0 Cl) I- mZ \ 2O _ er .t er et M — 0 V C1 et -' V tt N et Cn et et 0 at C M r T v- r T O ` ; 1 . I O T I N C 11"1"N M at It in W W O N. W W CC) 0 T T co ? O 1 I I I I I I 1 I I T I 1 1 I I C1 IIIIIIII Z f- tZ- HiZ- i=- = r- I- F=- FF=- F=-� � I = 2222222 {_ F- H H N- H F- F- Ji ' , , I I I • I ' 0 `.'0' 57 N W cu p U } o ° s Z o Ltl � LL1 0 azcn Q ' cr .= J < Q CD N -J c\° — Cl) .. J - W toLLI Zvs ►z— CD fr • Z w Z co 2O co W I z U CO >- w U Q m y-- 7 Q s c w W 1111 O N z i' - M �I< z � • CO 't- Z 2v --� •N � f co ° 1Z 7 APPENDIX C GUIDELINE SITE GRADING SPECIFICATIONS EL DORADO INDUSTRIAL PARK WELD COUNTY ROAD 22 AND FRONTAGE ROAD WELD COUNTY, COLORADO 9'30957 GUIDELINE SITE GRADING SPECIFICATIONS EL DORADO INDUSTRIAL PARK WELD COUNTY ROAD 22 AND FRONTAGE ROAD WELD COUNTY, COLORADO 1. DESCRIPTION This item shall consist of the excavation, transportation, placement and compaction of materials from locations indicated on the plans, or staked by the Engineer, as necessary to achieve preliminary street and overlot elevations. These specifications shall also apply to compaction of excess cut materials that may be placed outside of the subdivision and/or filing boundaries. 2. GENERAL The Soils Engineer shall be the Owner's representative. The Soils Engineer shall approve fill materials, method of placement, moisture contents and percent compaction, and shall give written approval of the completed fill. 3. CLEARING JOB SITE The Contractor shall remove all trees, brush and rubbish before excavation or fill placement is begun. The Contractor shall dispose of the cleared material to provide the Owner with a clean, neat appearing job site. Cleared material shall not be placed in areas to receive fill or where the material will support structures of any kind. 4. SCARIFYING AREA TO BE FILLED All topsoil and vegetable matter shall be removed from the ground surface upon which fill is to be placed. The surface shall then be plowed or scarified until the surface is free from ruts, hummocks or other uneven features, which would prevent uniform compaction by the equipment to be used. 5. COMPACTING AREA TO BE FILLED After the foundation for the fill has been cleared and scarified, it shall be disced or bladed until it is free from large clods, brought to the proper moisture content (within 0 to 2 percent above optimum) and compacted to not less than 95 percent of maximum density as determined in accordance with ASTM D 698. ?C0157 6. FILL MATERIALS Fill soils shall be free from vegetable matter or other deleterious substances, and shall not contain rocks or lumps having a diameter greater than six (6) inches. Fill materials shall be obtained from cut areas shown on the plans or staked in the field by the Engineer. On-site materials classifying as CL, CH, SC, SM, SW, SP, GP, GC and GM are acceptable. Concrete, asphalt, organic matter and other deleterious materials or debris shall not be used as fill. 7. MOISTURE CONTENT Fill materials classifying as CH and CL shall be moisture treated to within 0 to 3 percent above optimum moisture content. Granular soils classifying as SC, SM, SW, SP, GP, GC and GM shall be moisture treated to within 2 ± percent of optimum moisture content as determined from Proctor compaction tests. Sufficient laboratory compaction tests shall be made to determine the optimum moisture content for the various soils encountered in borrow areas. The Contractor may be required to add moisture to the excavation materials in the borrow area if, in the opinion of the Soils Engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. The Contractor may be required to rake or disk the fill soils to provide uniform moisture content through the soils. The application of water to embankment materials shall be made with any type of watering equipment approved by the Soils Engineer, which will give the desired results. Water jets from the spreader shall not be directed at the embankment with such force that fill materials are washed out. Should too much water be added to any part of the fill, such that the material is too wet to permit the desired compacted from being obtained, rolling and all work on that section of the fill shall be delayed until the material has been allowed to dry to the required moisture content. The Contractor will be permitted to rework wet material in an approved manner to hasten its drying. 8. COMPACTION OF FILL AREAS • Selected fill material shall be placed and mixed in evenly spread layers. After each fill layer has been placed, it shall be uniformly compacted to not less than the specified percentage of maximum density. Fill shall be compacted to at least 95 percent of the maximum density as determined in accordance with ASTM D 696. At the option of the Soils Engineer, soils classifying as SW, GP, GC, or GM may be compacted to 95 percent of maximum density as determined in accordance with ASTM D 1557. Fill materials shall be place such that the thickness of loose materials does not exceed 10 inches and the compacted lift thickness does not exceed 6 inches. 8''.(757 9. DENSITY TESTS Field density tests shall be made by the Soils Engineer at locations and depths of his choosing. Where sheepsfoot rollers are used, the sail may be disturbed to a depth of several inches. Density tests shall be taken in compacted material below the disturbed surface. When density tests indicate that the density or moisture content of any layer of fill or portion thereof is below that required,the particular layer or portion shall be reworked until the required density or moisture content has been achieved. 10. SEASONAL LIMITS No fill material shall be placed, spread or rolled while it is frozen, thawing, or during unfavorable weathered conditions. When work is interrupted by heavy precipitation,fill operations shall not be resumed unit the Soils Engineer indicates that the moisture content and density of previously placed materials are as specified. 11. NOTICE REGARDING START OF GRADING The Contractor shall submit notification to the FHA (if FHA financing is anticipated). Soils Engineer and Owner advising them of the start of grading operations at least three (3) days in advance of the starting date. Notification shall also be submitted at least 3 days in advance of any resumption dates when grad- ing operations have been stopped for any reason other than adverse weather conditions. 12. REPORTING OF FIELD DENSITY TESTS Density tests made by the Soils Engineer, as specified under "Density Tests" above, shall be submitted progressively to the Owner. Dry density, moisture content, and percentage compaction shall be reported for each test taken. 13. DECLARATION REGARDING COMPLETED FILL The Soils Engineer shall provide a written declaration stating that the site was filled with acceptable materials, or was placed in general accordance with the specifications. • c20957 N[11 i >- g - (_ Qa U p O a o Z F-U ECg W 0 Ill az ig m 4 0 oo .r c,L., N C W a CI 2Z F Oe, N CI; r? 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O I In n N 1O N L.N.\'N'CC N-IN..1 .1T.,,\•N.m-ti*,*.w.-.4!!‘alli 1-- <II 'U oil. N - 0 N O in N O N N N Illllrllllr, l , Ii1111r1 , 11i • 0 Z 0 133d - H1d30 0 7 November 16, 1997 Weld County Planning Dept. N0V 191997 Mr.a Mayor k eron, Mayor RECEIVED Mayor of Firestone V G Town Hall Firestone, CO By Facsimile Re: Del Camino Dear Rick: On August 8, 1997 I wrote you regarding annexation of CR22, adjoining our property. At that time, I sent you a check for $3,456.64 to reimburse your costs attendant to that annexation. It has been our constant position that Del Camino East is not interested in annexation, if there is no clear agreement between Firestone and Frederick, resolving the issue of overlapping planning areas. In a phone discussion with you subsequent to our payment on August 8, you informed me that relations between the two towns have not improved, and that there has been no progress toward a decision regarding whose planning area our property is in. I informed you at that time, in keeping with our long-held position, I would not proceed with annexation, and that I was going to go forward with the county to finish platting. I am writing today to re-affirm that position and to inform you that we are proceeding with the county as promised. S cee6ly, enjamin I. Green cc: Barbara Brunk Shani Eastin 9120757 Hello