HomeMy WebLinkAbout980839.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312
PLANNED UNIT DEVELOPMENT PLAN APPLICATION R`__ � _Afi 1 .
FOR PLANNING DEPARTMENT USE ONLY: c1,
'J
Case Number " IA L\\ Application Fee: \\GC. -
Zoning District Receipt Number G\ c\
Date Application Checked By:
Planner Assigned to Case:
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: LOT I 5, SECOND REPLAT OF GILBAUGH'S APPALOOSA ACRES, WELD COUNTY, COLO-
RADO (RECORDED JULY 26, 1974 IN BOOK 719, RECEPTION NO. 1641386) LOCATED IN THE WEST
HALF OF THE SOUTHWEST QUARTER, SECTION 33, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE
6th P.M. , WELD COUNTY, COLORADO
PARCEL NUMBER: Q 3_ o_Q1 2 0 I (12 digit number found on Tax I.D. Information or obtained in
the Assessor's Office.
NAME OFPROPOSEDPUDSUBDIVISIONTHIRD REPLAT GILBAUGH'S APPALOOSA ACRES
EXISTING ZONING P.U.D. NO.OF PROPOSED LOTS 3
TOTAL AREA (ACRES) 64.88 LOT SIZE: AVERAGE 21 .6A. MINIMUM I .218 A.
UTILITIES: WATER: NAME NORTH WELD COUNTY WATER DISTRICT
SEWER: NAME SFPT I C . SYSTEM
GAS: NAME GREELEY GAS COMPANY -
PHONE: NAME IJ S WEST
ELECTRIC: NAME puRIIC SERVICE COMPANY OF COLORADO
DISTRICTS: SCHOOL: NAME EATON SCHOOL DISTRICT
FIRE: NAME EATON FIRE DISTRICT
DESIGNER'S NAME McRAE & SHORT, INC. PHONE (970) 356-3101
ADDRESS 1231 - 8th AVLNUL , GREELEY, CO. 80631 PHONE
ENGINEERS NAME GERALD B. McRAE PHONE
ADDRESS AS ABOVE PHONE
SURFACE FEE (PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING (970)454-2337
NAME: II VA JOANNE HOME TELEPHONE
ADDRESS: 20085 WELD COUNTY ROAD 74 NOT APPLICABLE
EATON, CO. 80615 BUSTELEPHONE
NAME: HOME TELEPHONE:
ADDRESS:
BUS.TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: HOME TELEPHONE:
ADDRESS: NOT APPLICABLE
RUSTELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF
RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE:
NAME: IVAN & JOANNE GILBAUGH
ADDRESS: 20085 WFID COUNTY ROAD 74. EATON, CO. 80615
NAME: RANDAI L TAYI OR, 01 L PRODUCERS
ADDRESS: 4�q S AI K RF ST MORR I SON CO 80465 � .� Z'� G/��y�9L(
Signa re: Owner or Authorized EXHIBIT
Revised: 3-28-96
I -43
25 980839
-Oa
SUMMARY STATEMENT
GILBAUGH'S APPALOOSA ACRES WAS ORIGINALLY APPROVED BY WELD COUNTY AND FILED
ON APRIL 27, 1973 IN BOOK 15, UNDER RECEPTION NO. 1612141 AND WITH A REPLAT
FILED ON JULY 26, 1973 IN BOOK 15, UNDER RECEPTION NO. 1618109 AND A "SECOND
REPLAT" FILED JULY 26, 1974 IN BOOK 719, UNDER RECEPTION NO. 1641386, WELD
COUNTY RECORDS. BOTH REPLATS ADRESSED THE LOCATION AND DESIGNATION OF THE
INTERNAL ROADS AS PRIVATE ROADS WITH GUARANTEED ACCESS TO WELD COUNTY ROAD
NO. 41 .
THE SUBDIVISION PLAT AND THE FILING OF COVENANTS, CONDITIONS, RESERVATIONS
AND RESTRICTIONS AND THE ESTABLISHMENT OF A COMMITTEE WERE CREATED FOR THE
BENEFIT OF THE LOT OWNERS.
LOTS 2 THROUGH 14 WERE INCLUDED IN THE RESTRICTIVE COVENANTS. LOTS 1 , 15,
16 AND 17 WERE NOT INCLUDED. LOT 1 IS A "DUPLEX LOT"; LOT 15 IS A 64.88
ACRE LOT WHICH IS OWNED BY THE GILBAUGHS' AND IS PRESENTLY IN FARM CROPS
AND SOME PASTURE. LOT 16 CONTAINS TWO RESIDENCES AND WAS NOT INCLUDED
DUE TO THE SITUATION OF THE OLDER EXISTING HOMES HAVING MINOR VARIANCES
WITH THE PROPOSED COVENANTS.
THE EXISTING SUBDIVISION CONSISTS OF 16 RESIDENTIAL LOTS AND LOT NO. 15,
A PASTURE (64.88 ACRES) . THE RESIDENTIAL LOTS RANGE FROM 0.47 ACRES TO
0.95 ACRES WITH AN AVERAGE OF 0.59 ACRES EACH. THE PROPOSED REPLAT IS OF
LOT 15. TWO NEW LOTS ARE TO BE CREATED IN THE NORTHWEST CORNER. THIS
CREATES AN EXTENSION OF THE RESIDENTIAL LOTS TO THE SOUTH. AS IN LOT 2
THROUGH 14, ACCESS IS TO APPY ROAD AND NOT DIRECTLY TO WELD COUNTY ROAD 41 .
THE NEW RESIDENTIAL LOTS ARE 1 .218 ACRES AND 1 .4227 ACRES LEAVING 62.245
ACRES IN THE PASTURE. THE NEW LOTS ARE ABOUT TWICE AS LARGE AS THE AVERAGE
IN THE PREVIOUS FILING.
LOT 15-B IS SERVED BY A 20' ACCESS ROAD WHICH IS TO BE PART OF AND INCLUDED
IN THE P.U.D. ROAD SYSTEM. A LARGE EMERGENCY VEHICLE TURN-AROUND EASE-
MENT HAS BEEN INCLUDED IN LOT B.
THE BRIDAL PATH HAS BEEN RELOCATED TO ADJOIN THE PASTURE AREA.
THE USES OF EACH LOT ARE RESIDENTIAL-ESTATE AS DEFINED IN THE ZONING..
THE AREA IS LOCATED IN AN AGRICULTURAL AREA AND SCREENING WILL BE DETER-
MINED BY THE INDIVIDUAL LOT OWNERS. FENCING IS TO BE IN ACCORDANCE WITH
THE COVENANTS.
SUMMARY STATEMENT, CONTINUED.
LOT 15-C IS OWNED BY THE GILBAUGH'S AND IS NOT CONSIDERED HEREIN AS COMMON
OPEN SPACE.
A COPY OF THE COVENANTS IS ENCLOSED.
THERE IS NO DEVELOPMENT SCHEDULE. THE PRIVATE ROADS ARE IN PLACE. NEW
LOT DEVELOPMENT WILL BE AT THE LOT OWNER'S SCHEDULE. DEVELOPMENT FOR THE
TWO NEW LOTS IS MINIMAL AND CONSISTS OF UTILITY SERVICE LINES ONLY, AND
WILL BE INSTALLED BY THE OWNER AT THE TIME OF THE LOT IMPROVEMENTS.
STREET ACCESS TO THE COUNTY ROADS HAS BEEN ADDRESSED ON THE SUBDIVISION
REPLATS. NO DITCH COMPANIES ARE INVOLVED WITH THIS REPLAT.
THE LAND IN THIS REPLAT WAS INCLUDED IN THE PRIOR SUBDIVISION AND IS FLAT
MINIMAL SIZE AGRICULTURAL LAND. A VARIANCE TO THE COLORADO GEOLOGICAL
SURVEY DIVISION REVIEW IS HEREBY REQUESTED.
A CERTIFIED LIST OF THE PROPERTY OWNERS IS ATTACHED.
THERE ARE NO FLOOD HAZARD AREAS ON THE PROPERTIES. NO STORM DRAINAGE
FACILITIES ARE PROPOSED DUE TO THE LOW DENSITY AND TYPE OF IMPROVEMENTS.
DUE TO THE MAJORITY OF LOTS BEING EXISTING, AND IN A RURAL SETTING, INDI-
VIDUAL LOT LANDSCAPING TREATMENT IS BEING USED AND NO FORMAL PLAN IS
SUBMITTED.
-2-
BOARD OF DIRECTORS r��
ERNEST TIGGES :-'- die- NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON
M. secR ERNEST ROSS HIGHWAY 85 • LUCERNE, COLORADO 80646
^7
W.M. McKAY
CHARLES ACHZIGER Q / LYLE NELSON, MGR.
, 1 '.._
, - - P.O. BOX 56 • PHONE 356-3020
November 17 , 1997
RE: Water Service
Dear Sirs,
This letter is in response to your inquiry regarding water service to the
following described property:
The North 2 lots of Gilbaugh ' s Appaloosa
Acres . Part..of Section 33-7N-65W
1. Water service is presently being provided to the above described
property.
2. X Water service can be made available to the above described property
provided all requirements of the District are satisfied.
If contracts have not been consummated with North Weld County Water District
within one year from the date of this letter, this letter shall become null and
void.
Additional cements:
Sincerely,
North Weld County Water District(
Donald Posselt
Assistant Mananger
Ivan Gilbaugh
N0V-06-97 THU 02: i0 PM NOR' !'P T "' .-- rNy NO. 07048229O P. J.,'•
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I 0 All that part of more parts 7 North,6th West
Weld County, Colorado, Township 33 as
Beginning at the h P.M.,
.M., nand°consideringd Section 33,
the West line of said Section , N '
65 Hest of the 6 35'N00- East and with all other bearings Contained Reroin
' I ^' Dearing North 00° the West line of said
relative thereto;
h 2,489.00 feet along �',
I Thence North 00° 35' 00" East,
:l .ti Section 331 30' 00' 1,361.00 feats on the Soule line of j
Thence North 00°° 35' 00" West, 2,547.40 feet to a point —
Thenee South 00 South line of Section 33 r
1,384.00 feet along the Sea I
raid Section 335 05, 00" West, �• test C• -- ^ —"'
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tdat c peon sour -estrietions, a able in 1973, which
n Except my and crigt reoservations,
and 1972 General Tuxes, payable �•
o the eeparts i tf part
to pay.of the ies des WWI aae� their i
3 party afrlan. h% The glad al the first part has agreed at �aM sat
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vii �� IN WITAffi8 WSYRSOF.The oil PRY r '
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'li.!i lt•G AOgtSS FOR FUTURE TAX NOTKist
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PLANNED UNIT DEVELOPMENT PLAN
r
NAMES OF OWNERS AND LESSEES OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS. TOWN/CITY. ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION//
RT. I 3 CO
FOSTER BROTHERS DRYWALL, INC. EATON, CO.. 806611 WCR 41
5 0709 33 0 ' 01 003
36265 APPY ROAD
TROXEL, JEAN M.
EATON, CO. 80615 006
RT I , BOX II6
HAMILTON, ROBERT H. & MARILYN F . EATON, CO 80615
007
36207 APPY ROAD
BROWN, DONALD R. & FRANCES A.
EATON. CO. 80615 008
LONG MICHAEL H & KARON L. 36189 WCR 41
EATON. CO. 80615 009
BASS MAXINE C (LE) 36169 WCR 41
EATON, CO 80615 010
36151 APPY ROAD
STROLE RUSSELL L
EATON, CO. 80615 011
36127 APPY ROAD
LABER NORMAN H & ROSEMARIE
EATON, CO. 80615 012
36103 APPY ROAD
CRADDOCK LORI K & RANDALL R
EATON, CO. 80615 013
5334 UTE CIRCLE
MUSE EUGENE D & FLORENCE I
GREELEY, CO. 80634 014
36026 WCR 41
MUSE MARK E & BRIDGETTE
EATON, CO. 80615 015
GILBAUGH IVAN & JOANNE L 20085 WCR 74
EATON, CO. 80615 016
20085 WCR 74
GILBAUGH IVAN & JOANNE L 017
EATON, CO. 80615
FOSTER DANIEL F & IERI L (JI ) 36329 WCR 41
1/2 INT EATON, CO 80615 020
36285 APPY ROAD
KORTH KIRK A & JACQUELINE L
EATON, CO 80615 022
3LESH BEVERLY A EATON APPY
, CO. 80615 023
GILBAUGH IVAN & JOANNE L 20085 WCR 74 001
EATON, CO. 80615
NAME ADDRESS. TOWN/CITY. ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION/t
509 SO MAPLE
HESTER HAROLD R & PATRICK &
FARMER CITY, IL 61842 0709 33 0 00 004
PAXTON WILLIAM B & DOROTHY RT 2 BOX 168
EATON, CO. 80615 005
PAPPENHEIM PROPERTIES LTD. 38686 WCR 29
EATON, CO. 80615 007
PLANNED UNIT DEVELOPMENT PLAN
NAMES OF OWNERS AND LESSEES OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSORS PARCEL
STATE AND ZIP CODE IDENTIFICATION#
OTTOSON WENDELL D. T EATON, CO. AVE CHERRY 15 0709 32 0 00 009
McNEAR PATRICK L P.O. BOX 272683
0/0 JOSEPH G. 'BROWN FORT COLLINS, CO. 80527 044
J QUARTER CIRCLE CO P.O. BOX 747
C/O THELMA JOHNSON EATON, CO. 80615 0803 04 0 00 001
BLACKBURN MAURICE K & ELLEN F 35921 WCR 41
EATON. CO. 80615 0803 05 0 00 023
FALK RANDALL DEAN & VICKIE 19896 WCR 74
EATON, CO. 80615 036
LEONARD DUANE E & DENISE L 35989 WCR 41
EATON, CO. 80615 037
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pi,i i out Ens en.r ill)eP
OIL AND GAS LEASE
AGREEMENT.Made and entered into the 5th day id February
Ivan Gilbaugh and Joanne .I9_22,by And between
L• Gilbaugh, husband and wife
whnse post artier addressk.20085 Weld County Road 74. Eaton, Colorado 80615
Randall Taylor, Oil Producer whose post office address is 4889 South he nna r called Lessor hereinherafter
one e,mono lled 1....
Alki-re Street Morrison, CO 860465
.M1 (ter ea DOLLARS
wit pat's 11.That Lvonr.Inv and in consideration of Tena and More ($10.00 and
ash m hand paid,the receipt ill which is hereby acknowledged.and the < More) nnl.l.nnv leased and let and by thew presents does uml,demise.lease ana let exclusively`ono thee drib e the
lacontained.er bay,wah the
exclusive right for the purpose of imnine exploring be geophysical and other methods.sit anod the said Lessee.a Inc land in theerlr m oil an ,with Inv'whatsoever nature or kind.with rights or war and easements for laying pipe lines And erectionreoftstructuresing for atherreon totherefrom oiland in era•e
n(said products,all that certain tract or and situated in the county of Weld produce. a and take care
state of Colorado described as lO11Ow, tools:
FOR DESCRIPTION AND OTHER PROVISIONS SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF
It is the intent of this Oil and Gas Lease to cover all lands owned by Lessor
within the SWy of Section 33, T7N-R65W, whether or not accurately described herein.
together with any reversionary n together therein.and to ther with all strips.or parcels of land.(sot.however,to be construed to include parcels comprising
ompssing a regular
i
lo'acre legal subdivision or lot f approximately corresponding suet adjoining or contiguous to the above described land and owned or claimed by lessor,and
containing 74.597 acre m re
1. It b agreed hai this lease shall remain in force tor a n ill five 1/
kind is produced from said leased prem,ses n ter, ed therex iiho this line and as Ions re eraseu as oil hereinafter eat,fl w prundednature or .
•spirahnn ml Ilse „ •" -is ere guinea g produc,or n the ea ee premi see root aom a. ool thetherewith
rut Lesser II,at s thenieegae ii,d primary .ek,this operations
or
there, then this produced
shall on the continue
in
tor,premises e so long on operations
acreage
pooled titer ins but
more �' 1 s tflays on the leased oer,niesh r d the, w the and tepee:li a shall b considered bp continuously r er'n ed n n
iuniV n 1 II ll I surd r t l abandonment sal nod wen e n I s or the enllitl sr
lolf a
al discovery of of i gas said lam or on`aceage pooled therewith.the production thereof should c w from any cause
a ter the
of c primary nrei production lens..shall out it Le commences addiu,nal drilling no e• nki operations
nuns torsyly ,tbe e r from date sene triplet Lessee
lwdry hrtr� If nil• mall be digs lee napproduced
within s ninety IP01 elan fromosiers.
^x sal me pri nary term,1 this lea this lease shall rmhumre r d and of por gas,, d It u(nsuch
premises r on.neuav pooped the re wit . " r gas n force so tuna as oil r[u produced Im N leased
2. This is a PAI6(IPm LEASE.
In nsiderat,,,n nl the down cash v t,Les agrees that Lessee shall not be obligated,a other
see provided `etem.to . Pie continue a operations during the y primary term. t v term oe releases.r der this ase as t allre anyim rtere ape adelrnd and(as In an stratsurrendered.
ortmby de i erin1enlr nr sor os tlunn{o r.Le record the sa
release 3. In considerationan be relieved of alt nbli r a to the acreage tl liv a Legma r by 1 boa for
of the premises the said Lessee cotenants and trees' r
ISpart o(deliver
all oil p rdr c d antl savedt of Lessor.
fromee the lleased In thePemi pipe line b which Lvaue may connect wept on uid land.the equal one-eighth
(118) t s the produced
2nd.To pay L. ruquarterly, for end, while the sme isnbe n.Ueld off of e^premise proceeds
used in<th parable actue ofasolineua[roealty each well toed gas only is
n at the prevailing market ate foe gas, one-eighth I lid. dame
grittily Ld. o pay Lessor for seas produced from any oil well and used ml the premises or in the manufacture of gasoline n other product
.app al one-eighth et sl or the p,occeds. me mouth of me eta. .a me prevailing ,an,
.4. Where gat tar a well /arable of produnng et not sold ai wra bee ieeniao veer nsma,kn rate
IIn IIar r year p net•ovaim Acre retained hereunder ,such s payment or rs used. Its, ee MAY are or tender a royalty so y the 1O1,411Y alt t owners One
ensuing alter the expiration of So days from the dale such well is shut in tender aft made on totithe anniversary the enter fata of ash lurin next
period such well is shut Il ch payment o,tense: aco considered dere era r belbe the od rote of this lease during the
5. I said Lessor a leinterest in the above described
it and than
he nite and that use is being f produced stat within the meaning he this loss.
(including any shst.in as royaltvls provided for mall bet paid the Lesson only in h proportion which simple
estate
bun to the whole
and undivided lee. own
the wells of Lessee have the right m use,free of cost.gas.oil and water produced on said land for Lessees operation thereon,except water from
r.
7. When requested by Lester.Lessee shall bury Lessee's pipe line below plow depth.
• 8. No well shall be drilled nearer than 200 feet to the house or barn now consent or Law,.
9. Lessee shall pay for damages caused by Lessee's operations to growi on said n said i n without written
lu. Lessee shall have the right at uremove all machinery and lix tore,placed on said p
any time to including the right m draw and
remote casing.
premises.
II. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Le»ur's interest ay assignment
otherwise)shall be binding on Lessee until Lessee has been furnished with notice. tin{of certified copies of all recorded instruments or
document,and other information necessary to eta blish a complete chain of record title from Lessor,and then only with respect to payments
thereafter made. N other kind of notice,wheer actual n active.shall be binding on Lessee. No present or future division of Lea
r e h p as to different portions lie parcels of said land shall operate to enlarge the obligations or diminish the rights of Less and all Les
operatiunns m he ducted without any such division. II all or y part of this lease i, c Lessee's
any e, o of any other le.wnum owner. an assigned.no laanma owner,Fan be liable for
omission at its option.i,hereby given the right and power at any time and from time to time, ne right,1 ti Les to or dl I p o,li u befog a after
production.and thellm mineralpan of the land d described herein and a or more of medatbmini senora to pool or unitize a lease.
onto estate estate io covered bw i lea with other land.any one
ter le•ses res the immediate so.and for the production whether oil and g
n.
•r separately for the with
respect
of!sine,,when in lease l judgment it is ise, nary or advisable to do and eorma ion of t uhke ing lior
similar to vide wr1M1 retch to rush other land.lean or luau,. Likewise,unit,previously formed includea formation"not producing oil o
gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be aeon,pllshed by Leese executing
y and filing of record a declaration of such unitization or which
paeron,which declaration shall describe the unit. Any unit may include land upon
which a well has theretofore been completed or upon which operations Ice drilling have theretofore been commenced. Production,drilling or re
nywhere on a t production,erations or a well drilling Or reworkingt in for want operations or a well shf a ut in for want of a market under this lh includes ease.l OF a part of In lieu of thise royaease Wga elsewhereall be a as if hereinlspeci-
eed.including shut-in gat mvaltie. Lessor shall receive on production from the unit so pooled royalties only on the portion of such production
allocated to this leaser such allocation shall be that proportion or the unit production that the total number of surface tees covered by this tease
and included in the unit bear to the total number of shrine acres In such unit. In addition to the foregoing.Lessee shall have the right to
are ool,or combine ell or any part or(he above described lands as to one or more of the rnrmatans thereunder with other land.in me same general
u br entering into a cooperatlye or unit plan or development or operation approved by any roternmentel authority and.from time to time,
with like approval, to modify,change or terminate any such plan or agreement and,in such event,the terms, onditions and Provisions of this
lean shall be deemed modeled to conform to the terms,condition,,and provisions of such approved cooperative or unit plan of development or
operation and,yarticulaly,all drilling and development requirements of this lease.nine's or implied,shall be satisfied be compliance with the
drilling and development requirements of such plan nr agreement,and this lease shall not terminate or expire during the life of Such plan or agree-
dent. In the event that said above describ lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of
evelopmented e h
o operation whereby the production therefrom is allocated to different portions of the land covered by said plan,then the produc-
tion•(located to any particular tract of land shall.for the purpose of tem:Wilma the royalties to be paid hereunder to Lessor,be regarded as having
been produced from the particular tact of land to which it is allocated and not to any other tract of and:and the royalty payments to be made
hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Le,sur'consent to any cooperative or unit
plan of development or operation adopted by Lessee and approved by are governmental agency by executing the same upon request of Lessee.
IR. All express nr implied covenants of this loss shall be subject to all Federal and State Laws,Executive Orders.Rules or Regulations.and
thiz lease shall not be terminated,in whole or in part.nor Leslie held liable In damate,,for failure to comply therewith,if comp Is presented
by,or If such(allure Is the result of,any such Law,Order.Rule or Regulation.
la. Lessor hereby warrants and agree,to defend the title to the lands herein described,and agrees that the Lessee shall have she right as any
time to redeem for Lesmr,by payment,any mortgage.,taxes or other liens on the above described lands.in the event of default of payment by
hLessor and be subrogated to the rights of the holder thereof,and the undersigned Lessors,for themselves and their heirs,successor,and assigns,
ereby surrender and release all right of dower and homestead in the premises described herein.insofar as said right of dower and homestead may
any5 Should a affect the purposes for which this lease is made,as recited herein,
1
such any one or more of the parties herein,bove named as Lessor lad to execute this lease.it shall nevertheless be binding u all
a parties who execute it as Lessor. The word"Lessor."as used in this Ieu,shall me any one or more orae a xe this lease as Lessor. All the provisions of this lease.hall be bining on the heirs,successors and miens of Lessor• dgLel�l the pion.who• cute
IN WITNESS WHEREOF,this instrument a/executed not the date first abovewritten. 9•
,,,, z..,,,,tc,
Ivan Gilbaugh Joantie L. Gilbaugh z
SSNI 45 / -?I ArA9/
EXHIBIT "A"
Exhibit "A" attached to and made a part of that certain Oil and Gas Lease
dated February 5, 1993 , by and between Ivan Gilbaugh and
Joanne L. Gilbaugh, husband and wife
, as Lessor
and Randall Taylor, Oil Producer, as Lessee.
It is understood and agreed that the leasehold acreage is currently under
a gravity irrigation system. Lessee, its successors or assigns, hereby
agree to consult with Lessor as to the placement of production equipment
and access roads in order to minimize, without undue hardship to Lessee,
the disruption of Lessor's farming and irrigation operations. Wherever
possible, all access roads shall run parallel to Lessor's irrigation
furrows. Wherever possible, tank batteries shall be placed in the
corners of said fields.
If when and where Lessee, its successors or assigns, discontinues
operations on the land, Lessee, its successors or assigns, shall restore
the land, as nearly as is practicable and reasonable, to its condition
before Lessee conducted operations on the land.
All that part of the SW/4 Section 33, Township 7
North, Range 65 West, 6th P.M. , Weld County, Colorado, as more
particularly described in that certain Warranty Deed dated
September 26, 1972, between Mary Meier, Grantor, and Ivan Gilbaugh
and Joanne L. Gilbaugh, Grantees, recorded in Book 685, Reception
No. 1607132, Records of Weld County, Colorado, EXCEPTING THEREFROM
5 .493 acres, more or less, being Lots 3 , 4, 5, 6, 7 , 8, 9, 11, 12
and 13, SECOND REPLAT OF GILBAUGHS APPALOOSA ACRES, a subdivision
as per map filed in Book 719, Reception No. 1641386, Weld County,
Records, being 74 . 507 acres, more or less .
SIGNED FOR IDENTIFICATION I n Gilbaugh Joann l�e L. Gilbaugh
1
1
apOE' ?29 Recorded or �/ ' o'clock _@._.MDDC 3 fl 1974
Rec No. 16511°1 5. Lee 5hehee, Jr., Recorder
5-,
KNOW ALL MEN BY THESE PRESENTS, Ivan Cilbaugh and
Joanne L. Gilbaugh being the owners of all of the following described
premises situated within the County of Weld, State of Colorado TO WIT:
All of Lots 1 through 14, inclusive in replat of Gilbaugh's
Appaloosa Acres, located in the West half of the Southwest Quarter
of Section 33, Township 7, North Range 65, West of the 6th PM,
Weld County, Colorado, have established a general plan for the
improvement and development of such premises and do hereby
establish the covenants, conditions, reservations and restrictions
upon which and subject to which all lots and portions of such lots
shall be improved or sold and conveyed by them as owners thereof.
•
Each and every one of these covenants, conditions, reservations,
and restrictions is and all are for the benefit of each owner of land
in such subdivision or any interest therein and shall inure to and
pass with each and every parcel of such subdivision and shall bind
the respective successors in interest of the present owner thereof.
These covenants, conditions, reservations and restrictions to be
construed as restrictive covenants running with the title to such
lots and with each and every parcel thereof to wit:
1. Residential use - Such lots and each and every one
thereof are for single family residential purposes only except
Lot 1 which is for a duplex. No building or structure intended for
or adapted to business purposes and not apartment house, lodging
house, rooming house, hospital, sanitorium, or Doctor's Office shall
be erected, placed, permitted or maintained on such premises or on
any part thereof. No residences shall be constructed with a floor
area of less tham 1,400 sq. ft. exclusive of any garage or open
porch.
2. Construction Requirements - Each private dwelling
house erected upon any such lot shall have at least 75% of exterior
} wall finish of brick, stone or masonry and no building shall have
a roof with a pitch of less than 3 to 12. All roofs shall be of
'5 ('L') 1651101
5",
shake shingle or tile. No basement house, tent, shack, garage or
trailer, pre-fabricated structure, or any other out-buildings shall
be occupied or used as a residence either temporarily or permanently
and no corrals, out-buildings or facilities to house animals on any
lot shall be erected, except each lot owner may construct a horse
barn not to exceed 12 x 24 feet and a corral not to exceed 20 x 20
feet. The construction of which must be of new materials compatiable
with the design of the residence.
3. Nuisances - No lot will be used for storage of lumber,
automobiles, trucks, or any other materials except during the
construction of a dwelling. No noxious or offensive trade or
activity shall be conducted upon any lot. No fowl, sheep, or
swine may be kept on any lot, except six (6) chickens may be kept
on any one of the lots if used for a 4-H project. No livestock
or fowl may be raised commercially on any of the lots. No signs
or other advertising shall be displayed on any lot. No weeds,
underbrush, or other unsightly growth shall be permitted to grow
or remain upon the premises and no refuse pile or unsightly objects
shall be allowed to be placed or suffered to remain anywhere thereon.
4. Subdivision of Lots - None of the lots shall at any
time be divided into two or more building sites.
5. There are hereby reserved for the purpose of installing
and maintaining public utility facilities and for such purposes
incidential to the development of the property, the easements for
the utilities and the maintenance of utilities and bridle paths shown
on the replat of Gilbaugh's Appaloosa Acres as recorded in Weld County
Records. No building or fence shall be erected over a utility
or bridle path easement. All claims for damages, if any, arising
q out of the construction, maintenance, and repair of utilities or on
account of temporary or other inconvenience caused thereby against
the subdivider or any utility company, or any of its agents or
$
servants are hereby waived by the owners.
I
4
I
Y. ''Cu
1851101
6. Setback Lines - No portion of any building shall be
located on any lot nearer than 40 feet to the front lot line or
nearer than 30 feet to any side street line in the case of corner
lots. No portion of any dwelling or attached garage or carport
shall be located nearer than 15 feet to any interior side lot line
or rear lot line.
7. No more than two horses may be maintained by the
owner of any lot except upon obtaining permission of the committee
hereinafter provided for or as provided in Paragraph 8.
8. 4-H projects are encouraged limited to horses with
one per child, but not to exceed four per lot or permission of the
owner of the pasture.
9. Fences - If lots are fenced, said fences to be pole-
tongue-and-groove, four feet high and kept in good repair.
10. Approval of Plan - For the purpose of further insuring
the development of the land so platted as an area of high standards,
subdivider reserves the power to control the building structures and
other improvements placed on each lot as well to make such exceptions
to these reservations and restrictions as the subdivider or committee
hereinafter designated shall deem necessary and proper.
Whether or not provision therefore is specifically stated
in any conveyance of a lot made by the subdivider, the owner or
occupant of each and every lot by acceptance of title thereto or by
taking possession thereof covenants and agrees that no building, wall,
or other structure shall be placed upon such lot unless and until the
1 plans and specifications therefore and the plot plan have been approved
in writing by the committee hereinafter provided.
Each such building, wall or structure shall be placed on the
3 premises only in accordance with the plan and specifications.
11. Plot Plan So Approved - Refusal of approval of plans
and specifications by such committee may be based on any ground
including purely aesthetic grounds which in the sole and uncontrolled
x
discretion of the committee seems sufficient. No alteration in the
a`"',.729 1u511o1
exterior appearance of the buildings or structures shall be made
without like approval. If no committee exists or if the committee
shall fail to approve or disapprove the plans and specifications
within thirty days after written request therefore then such approval
shall not be required provided that no building or other structures
shall be erected which violates any of the covenants herein contained.
12. Committee - The subdividers shall appoint one or more
persons to the committee herein referred to and a successor
committee or committees shall also be appointed by the subdivider.
After January 1, 1985, all privileges, powers, rights and authorities
shall be exercised by and vested in a committee to be selected by
the owners of a majority of the lots in the subdivision.
13. Remedies for Violations - For a violation or a
breach of any of these reservations and restrictions by any person
claiming by, through or under the subdivider or by virtue of any
judicial proceedings, the subdivider and the lot owners or any of
them severally shall have the right to proceed at law or in equity
to compel the compliance with the terms hereof or to prevent the
violation or breach of any of them.
All of the foregoing covenants, conditions, and reservations
and restrictions shall continue and remain in full force and effect
at all times as against the owner of any lot in such premises
regardless of how he acquired title until the commencement of the
calendar year 1985 at which time said covenants shall be automatically
extended for successive ten-year periods unless on or before the end
of one of such extension periods or the base period the owners of
the majority of the lots in the subdivision shall by written
instrument duly record declare a termination or modification of the same.
Provided further than in the event any one or more of
the foregoing covenants, conditions, reservations or restrictions
shall be declared for any reason by a Court of competent jurisdiction
to be null and void, such judgment or decree shall not in any
3¢q
I1
Box 729 1651101
manner whatsoever affect, modify, change, abrogate or nullify any
of the covenants, conditions, reservations and restrictions not so
declared to be void. But all of the remaining covenants, conditions,
reservations and restrictions not so expressly held to be void
shall continue unimpaired and in full force and effect.
IN WITNESS WHEREOF Ivan Gilbaugh and Joanne L. Gilbaugh
have herein to set their hand and seals this _'0th day of
December , A.D., 1974.
I N GILBAUGH
/)tom
„ /
JOANNE L. GILBAUGH J
Subscribed to before me this 30th day of December
��b [ 14974 by Ivan Gilbaugh and Joanne L. Gilbaugh.
et
t,j1loTggr f Witness my hand and official seal.
�_.
Al AC: a!i » My commission expires: 7-9-77 tic / •
olt�'
Notar Public
Boo:. /,s,-� o'clock U1 M .)UN1+,. ..J 19/b
Recorded m
1717O lb... '49O 5, Lee Shel ee, Jr., Records! Page 1 of .
Roc. No.
. YI—i
AMENDMENT TO THE PROTECTIVE COVENANTS OF GILBAUGH'S APPALOOSA ACRES
As executed the 30th day of December, 1974, end recorded the 30th day of
December, 1974; Book 729, Rec. No. 1651101, with the Clerk and Recorder
of Weld County, Colorado.
Paragraph 3 NUISANCES shall be amended to read as follows;
D
n 3. NUISANCES - No lot will be used for storage of lumber, auto-
' mobilies, trucks, or any other materials except during the construction
ee
of a dwelling. No noxious or offensive trade or activity shall be conducted
upon any lot. No fowl, sheep, or swine may be kept on any lot, except as
' provided in paragraph 8. No livestock or fowl may be raised commercially
- on any of the lots. No signs or other advertising shall be displayed on
any lot. No weeds, underbrush, or other unsightly growth shall be per-
mitted to grow or remain upon the premises and no refuse pile or unsightly
objects shall he allowed to be placed or suffered to remain anywhere thereon.
Paragraph 8 shall be amended to read as follows:
8. 4-H projects are encouraged and limited to one horse, six
chickens, one lamb, or one calf per child per lot.
Paragraph 9 FENCES shall be amended to read as follows:
9. FENCES - All fences and fencing must be approved by the sub-
divider before being installed and must be kept in good repair at/all times.
GILBAUGF lS APPALOOSA '
//L :72
'
Iv � Gilbaugh .
BY: C2 rn+.` /!/ n:/.-7iiVn/J
Joanne L. Gilbaugh v
STATE OF COLORADO
COUNTY OF WELD ss.
Subscribed and sworn before me this ,�i'/Viaay of ,(( ii , .i ...LL T,
1976, by Ivan Gilbaugh and Joanne L. Gilbaugh.
Witness my hand and official seal.
My commission expires:MY Commusbn expires M y 11, 1980 -w--o--
-( k A 1 (I- .',1..941,-r4. Li( Xit�
Notary Public
DU L 1692490
'770 .J Page 2 2
Ralph IA Foste
Sandra K. Foster
Nr H. Laber
7.7
Roe Marie )Saber
STATE OF COLORADO
COUNTY OF WELD SS.
Subscribed and sworn before me this ,27 day of Apt--,'I
1976, by ffi}51.XICFGffi 7t:Y'$ gr7arrignik; Norman N. Laber, and Rose
Marie Laber.
Witness my hand and seal
My commission expires: My Commission expires May 11,1980 ��\.\G Old \'
-0-0-0-
/7 nn //J. 4L'd o\1 ,
Notary Public
.,•nn
STATE OF COLORADO ss.
COUNTY OF WELD
Subscribed and sworn before me this 24th day of June
1976, by Ralph B. Foster and Sandra K. Foster.
Witness my hand and seal
My commission expires: My Commission eMpires May 11, 1980
0) . c
�J , • \r n
.,..., . A
i(1/1-1 4 l- �
Nota>,y Public • 4s,rl'�\\
Hello