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Home My WebLink About970695.tiffLittle Thompson Valley Estates Planned Unit Development Final Plan Application December 1996 970695 ENGINEERS NAME K,.:, R K.+t R t^y n<<. c PHONE ADDRESS RZZ 711'5 r.<r Si 210 Ace et C0 4oro31 PHONE a�0-356-6362_ SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING: NAME: K c... r an 0 . , nn c,C _r+r HOME TELEPHONE 970-�E7-33g7 ADDRESS: yoz6 y,,' , b , Cr- ,/0.-,-/.,..� r0 �os3? BUS.TELEPHONE: 970-35z-//l'f NAME: HOME TELEPHONE ADDRESS: 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 FOR PLANNING DEPARTMENT USE ONLY: Case Number Zoning District Date Application Fee: Receipt Number 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: Pa -1 c{ tkt C/z ol tine 5E/Li 0( S. 21/ -r y N R 68 td, (If additional space is required, attach an additional sheet of this same size.) to (0 1 2.1 o G oo Zoo & PARCEL NUMBER:IDS, Q G, 12 I o c c o 2 7 (12 digit number found on Tax I.D. Information or obtained in the Assessor's Office. NAMEOFPROPOSEDPUDSUBDIVISION L.rile 7Ao,ng5-on Valley Es+q{es EXISTINGZONING pa0 A9 & Est-o.tt NO. OF PROPOSED LOTS C, f. 1 0..+10+ TOTAL AREA (ACRES) i go LOT SIZE: AVERAGE 2.5 + 61ac. MINIMUM 2. S UTILITIES: WATER: NAME z..tr/t r4 o,,,,Ps an twase,- p, se-,.,cA SEWER: NAME (594- c) GAS: NAME CP.-,-pane) PHONE: NAME o -s, Aie 51. ELECTRIC: NAME Poi., el, DISTRICTS: SCHOOL: NAME R2- e ✓Ury .PEa j FIRE: NAME 7'A —id ,Cre P_c aect.,,, DESIGNER'S NAME Kr; 5 P.,Vt+r2_ fee"., N10 Ca. -&y PHONE ADDRESS PHONE APPLICANT OR AUTHORIZED AGENT (if different than above): NAME: ADDRESS: OWNER(S) RECORD IN NAME: ADDRESS: NAME: ADDRESS: BUS.TELEPHONE: HOME TELEPHONE: BUSTELEPHONE: AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF THE WELD COUNTY ASSESSOR'S OFFICE: nil c, 7; C CcC4-",/.Q c< 50urc e P6. A„K .21'0o 8-U / i/ Co Foozc Revised: 3-28-96 25 Signature: Owner orAuthojiad gent 970695 OLO REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a Commitment To Insure ALTA Commitment -1970 Rev. 4( * valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject to the provisions of Schedule A and 9 and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this * * * * Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue. whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires matter affecting the estate or interest or mortgage thereon coveredby thisCommitment otherQ actualknowledge hart hoseshown defect, Schedule Bhereof,c andil shall tofae, adverse claim disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith lal to comply with the requirements hereof or Ib) to eliminate exceptions shown in Schedule B. or lc) to acquire or curate the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. nyor narising out of the status of the title to the estate or interest or thelotatusotatte proor bring against ofthe mortgage thereon coveredbythis Commitment must bebased onandaresubject tto Company the provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but poor to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN ESS F. ld epublic ational tle Insurance be hereunto affixed by its duly authorized officers on the date showninES Schedule A, A,Rto be valid when countersig countersigned by o a paltl tany ings cofficer or othered its authorized ed signatme and ory. Authorized Authorised Signatory 0RT Form 2582 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By Attest President .19444‘95 Secretary ALTA COMMITMENT SCHEDULE A Our Order # FC174663 For Information Only WCR 7 - Charges - TBD Commitment $120.00 - - TOTAL - - $120.00 ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.**** FC174663.**** 1. Effective Date: October 28, 1996 at 5:00 P.M. _2. "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KEVIN MCCARTY and DINA MCCARTY 5. The land referred to in this Commitment is described as follows: PARCEL 1 A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 4, NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER AS BEARING SOUTH 89 DEGREES 52' 11" WEST AND WITH ALL BEARING CONTAINED HEREIN RELATIVE THERTO. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 21 WHICH BEARS SOUTH 89 DEGREES 52' 11" WEST 1324.16 FEET FROM THE SOUTHEAST CORNER OF SECTION 21; THENCE ALONG THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 21 NORTH 00 DEGREES 20' 32" EAST 2383.36 FEET TO A POINT IN THE CENTERLINE OF LITTLE THOMPSON RIVER; THENCE ALONG SAID CENTERLINE OF THE FOLLOWING SIX (6) COURSES: (1) SOUTH 83 DEGREES 19' 12" EAST 48.22 FEET; (2) SOUTH 64 DEGREES 10' 50" EAST 180.39 FEET; (3) NORTH 51 DEGREES 15' 09" EAST 101.84 FEET; PAGE 1 970695 ALTA COMMITMENT SCHEDULE A Our Order # FC174663 (4) SOUTH 55 DEGREES 32' 07" EAST 286.49 FEET; (5) NORTH 58 DEGREES 21' 54" EAST 121.70 FEET AND (6) SOUTH 81 DEGREES 28' 09" EAST 141.41 FEET; THENCE SOUTH 00 DEGREES 20' 32" WEST 2241.90 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 52' 11" WEST 770.20 FEET TO THE POINT OF BEGINNING. PARCEL 2 THE E 1/2 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A TRACT OF LAND CONVEYED BY DEED RECORDED FEBRUARY 12, 1988 IN BOOK 1185 UNDER RECEPTION NO. 2130828 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AS FOLLOWS: A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER AS BEARING SOUTH 89 DEGREES 52' 11" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERTO. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 21 WHICH BEARS SOUTH 89 DEGREES 52' 11" WEST 1324.16 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE ALONG THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 21 NORTH 00 DEGREES 20' 32" EAST 2383.36 FEET TO A POINT IN THE CENTERLINE OF LITTLE THOMPSON RIVER; THENCE ALONG SAID CENTERLINE OF THE FOLLOWING SIX (6) COURSES: (1) SOUTH 83 DEGREES 19' 12" EAST 48.22 FEET; (2) SOUTH 64 DEGREES 10' 50" EAST 180.39 FEET; (3) NORTH 51 DEGREES 15' 09" EAST 101.84 FEET; (4) SOUTH 55 DEGREES 32' 07" EAST 286.49 FEET; (5) NORTH 58 DEGREES 21' 54" EAST 121.70 FEET AND (6) SOUTH 81 DEGREES 28' 09" EAST 141.41 FEET; THENCE SOUTH 00 DEGREES 20' 32" WEST 2241.90 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 21; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES. 52' 11" WEST 770.20 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO WELD COUNTY IN DEED RECORDED NOVEMBER 22, 1989 UNDER RECEPTION NO. 2198102, COUNTY OF WELD, STATE OF COLORADO. PAGE 2 970695 ALTA COMMITMENT SCHEDULE B-1 (Requirements) Our Order # FC174663 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 3. RELEASE OF DEED OF TRUST DATED July 10, 1995 FROM KEVIN MCCARTY and DINA MCCARTY TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF AMERICAN BANK TO SECURE THE SUM OF $128,775.00 RECORDED July 18, 1995, UNDER RECEPTION NO. 2447040. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY AT SUCH TIME AS THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ************************* NOTE *************************** RECORDING FEES HAVE INCREASED AS OF JULY 1, 1995 TO $6.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. PAGE 3 970695 ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order # FC174663 'he policy or policies to be issued will contain exceptions to the :ollowing unless the same are disposed of to the satisfaction of the Company: Standard Exceptions 1 through 5 printed on the cover sheet. _6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7 Any unpaid taxes or assessments against said land. 3. Liens for unpaid water and sewer charges, if any. 4. RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY OF: (1) ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY, (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, AND (3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED TBD, IN BOOK 320 AT PAGE 54. 10. OIL AND GAS LEASE TO LEWIS YEDDIS RECORDED DECEMBER 21,1984 UNDER RECEPTION NO. 1992787, AND RECORDED DECEMBER 4, 1986 UNDER RECEPTION NO. 2079368, TOGETHER WITH ANY. AND ALL ASSIGNMENTS THERETO OR INTERESTS THEREIN. _Al. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED September 15, 1989 UNDER RECEPTION NO. 2191926. 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY AGREEMENT RECORDED November 17, 1995 UNDER RECEPTION NO. 2464247 IN BOOK 1519. PAGE 4 5 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. cl7nfitC Item 3: Not applicable Item 4: Not applicable 970695 EXHIBIT " " ENGINEER'S CERTIFICATE I, Kris A. Pickett, being a duly Registered Engineer in the State of Colorado, do hereby certify that the design of the utilities was performed by me, or under my direct supervision, for the Little Thompson Valley Estates, and performed on behalf of Mr. Kevin McCarty Kris A. Pickett, P.E. 970695 Weld County Treasurer - Receipt of Tax Payment Receipt 19968742 PARCEL NO: 1061-210-00-026 SCHEDULE: R0121088 DATE RECEIVED: 22 -MAR -96 RECEIVED BY: LMI COMMENTS: N MC CARTY KEVIN & DINA 4026 NIOBE CT LOVELAND, CO 80538 DESCRIPTION: 25812 E2SE4 21 4 68 EXC BEG AT THE S4 COR OF SEC 21 S89D52'W 1324.16' TO TRUE POB N2383.36' TO C/L OF LITTLE THOMPSON RIVER S83D19'E 48.22' $64D10'E 180.39' N51D15'E 101.84' THENCE S55D32'E 286.49' N58D21'E 121.70' S81D28'E 141.41' THENCE S2241.90' S89D52'W 770.20' TO TRUE POB ALSO EXC UPRR RES (2.47R) PAYOR: MC CARTY KEVIN & DINA 1995 TAX PARCEL NO: 1061-210-00-027 AMOUNT RECEIVED: 55.36 SCHEDULE: R0120888 DATE RECEIVED: 22 -MAR -96 RECEIVED BY: LMI COMMENTS: N MC CARTY KEVIN & DINA 4026 NIOBE LOVELAND, CO 80538 DESCRIPTION: 25812-A PT E2SE4 21 4 68 BEG AT THE S4 COR OF SEC 21 S89D52'W 1324.16' TO TRUE POB N2383.36' TO C/L OF LITTLE THOMPSON RIVER S83D19'E 48.22' $64D10'E 180.39' N51D15'E 101.84' THENCE S55D32'E 286.49' N58D21'E 121.70' 581D28'E 141.41' THENCE S2241.90' S89D52'W 770.20' TO TRUE POB(.53R) PAYOR: MC CARTY KEVIN & DINA 1995 TAX TAX PAYMENT WHOLE 55.36 ALL CHECKS SUBJECT TO FINAL COLLECTION ! THANK YOU - Weld County Treasurer P.O. Box 458 Greeley, CO 80632 Weld County Treasurer - Receipt of Tax Payment Receipt 19968741 AMOUNT RECEIVED: 42.52 TAX PAYMENT WHOLE 42.52 ALL CHECKS SUBJECT TO FINAL COLLECTION I THANK YOU - Weld County Treasurer P.O. Box 458 Greeley, CO 80632 97C95 Kevin McCarty December 9, 1996 Shani Eastin Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 RE: Little Thompson Valley Estates Improvements Agreement Dear Shani: Under the requirements of Improvements Agreement, paragraph 7.1, we intend to furnish a Letter of Credit. Sincerely, 970695 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: Part of the E/2 of the SE/4 of Section 21, Twn. 4 North, Eng. 68 West of the 6th PM, Weld County, CO. WHEREAS, a final subdivision/PUD plat of said property, to be known as Little Thompson Valley Estates has been submitted to the County for approval; and WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering servicesshall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1 Revised 12/95 970895 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to the County. 2.0 Rights -of -Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights - of -way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 12/95 970695 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat 3 Revised 12/95 970695 approval, the applicant shall indicated which of the five types of collateral prefered to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (I) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 12/95 976695 8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 5 Revised 12/95 970695 8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized arethe same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Revised 12/95 970695 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 15% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revised 12/95 970695 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT _ BY: (title) Subscribed and sworn to before me this day of , 19 My Commission expires: Notary Public M:FORM\\APRIVATE.DB 8 Revised 12/95 970695 Item 9: Not applicable Item 10: 80 acres +/-, 6 dwellings allowed Item 11: One dwelling on each residential lot (lots 2-6) with one detached building, not to exceed 1,000 square feet. A loafing shed, not to exceed 800 square feet will be allowed if a lease is in place on the adjoining pasture on Lot 1. Lot 1 will not have the same outbuilding size restrictions to allow adequate sized agricultural buildings. Item 12: The enclosed Landscape Plan shows the location of the perimeter treebelt on Outlot A and Lots 2 and 6. All trees on Outlot A and Lot 6 will be evergreen. The current plan is to have a mixture of Junipers, Scotch Pine and Blue Spruce. Average tree height for scotch pines and junipers will be 4 feet. Blue Spruce trees will be 6 feet. Austrian Pine and White Pine may also be used. In the Spring of 1997, trees adjoining Lots 2 and 3 will be planted. The tree belt will be two offset rows with an 8 to 9 foot tree spacing. An irrigation ditcher will be used to create a small terrace for each tree. Tillage will be conducted between each terrace. Tillage will also be conducted between the two rows. Drip irrigation lines will be run along the tree rows. Fabric weed barriers will be placed along the rows below the drip lines and around the trees. The covenants will require the owner of Lot 2 to establish a hedge row from an appropriate variety of small shrub in the landscape buffer along the north edge of the lot. The Landscape Design Guidelines which have been developed (included in this application) should help to promote quality landscaping. Item 13: Outlot A will be used primarily for a treebelt. However, it would have some potential for a jogging track or a walkway to the bus stop/mailbox area. Item 14: Common area will be maintained by the Homeowner's Association. This will include maintenance of the treebelt and surrounding land, upkeep of Alpine Sky Drive and snow removal. 970695 DECLARATION OF PROTECTIVE COVENANTS OF LITTLE THOMPSON VALLEY ESTATES P.U.D. WELD COUNTY, COLORADO 270:3n5 TABLE OF CONTENTS DEFINITION OF TERMS 1 ARTICLE I LAND USE CONTROL -RESIDENTIAL LOTS 2 THROUGH 6 3 1.01 Land Use and Building Time 3 1.02 Architectural Control 3 1.03 Dwelling Quality and Size 4 1.04 Outbuildings 4 1.05 Building Location 5 1.06 Easements and Street Frontage 5 1.07 Time for Construction and Repair 5 1.08 Nuisance 6 1.09 Animals 6 1.10 Commercial Uses 7 1.11 Maintenance of Residential Lots and Improvements 7 1.12 Signs 8 1.13 Fences 8 1.14 Vehicles 8 1.15 Fires and Firearms 8 1.16 Towers. Masts, Antennas, Solar Panels, Mechanical Units and Satellite Dishes 9 1.17 Storage of Dangerous Materials 9 1.18 Maintenance of Easements and Landscaping 9 1.19 No Subdivision of Residential Lots 9 1.20 Drainage and Soil Conditions 9 1.21 Driveways and Parking Areas 10 1.22 Exterior Lighting end Utilities 10 1.23 Mining 10 1.24 Entryways and Street Parking 10 1.25 Street Parking 10 1.26 Prohibited Habitation 10 1.27 Compliance With Laws 11 ARTICLE II LAND USE - LOT 1 11 2.01 Nonepplication of Article I 11 2.02 Farming Operations 11 ARTICLE III ARCHITECTURAL CONTROL COMMITTEE 11 3.01 Appointment of Committee 11 3.02 Architectural Control 12 3.03 Rules of Procedure and Guidelines 12 3.04 Approval of Plans 13 3.05 Filing Fees 13 3.06 Completion of Improvements 13 3.07 Governmental Approvals 13 3.08 Inspection of Work and Notice of Completion 14 3.09 Estoppel Certificates 14 3.10 Non -Liability 14 3.11 No Implied Waiver or Estoppel 14 ARTICLE IV PROPERTY RIGHTS IN THE COMMON ELEMENTS 14 4.01 Owners' Easement of Enjoyment of Common Elements 14 4.02 Title to the Common Elements 14 4.03 Assignment of Use by Owners 15 4.04 Extent of Owners' and Association's Easements-Outlot A 15 ARTICLE V OWNERS ASSOCIATION 15 5.01 Formation of the Association 15 5.02 Classes of Membership and Voting Rights 15 5.03 Board of Directors 16 5.04 Number and Election of Board Members, Declarant Control 17 5.05 Meetings of the Association and Officers 17 5.06 Quorum. 17 5.07 Coordination with Bylaws and Rules and Regulations 18 5.08 Transfer 18 5.09 Delegation of Use 18 S70G95 5.10 Notices 18 ARTICLE VI MAINTENANCE, BUDGET AND ASSESSMENTS 18 6.01 Maintenance of Common Elements 18 6.02 Allocation of Common Expenses to Lots 18 6.03 Establishment of Common Expenses Budget 19 6.04 Limitation on Assessments 19 6.05 Special Assessments, Acceleration of Payments on Default 19 6.06 Accounting end Surplus Funds 20 6.07 Creation of Lien and Foreclosure 20 6.08 Owner's Obligation for Payment of Assessments 21 6.09 Statement of Assessment Status 21 6.10 Liability Upon Transfer 21 ARTICLE VII GENERAL PROVISIONS 22 7.01 Term 22 7.02 Amendments 22 7.03 Mortgagee Protection Clause 23 7.04 Enforcement 23 7.05 Severability 23 7.06 Non -Application of Colorado Common Interest Ownership Act 23 9700S95 DECLARATION OF PROTECTIVE COVENANTS OF LITTLE THOMPSON VALLEY ESTATES P.U.D. WELD COUNTY, COLORADO RECITALS: 1. Declarants are the Owners in fee of all the lands according to and identified in the recorded Plat of Little Thompson Valley Estates P.U.D., being located in the E%z of Section 21, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Such development and lands being sometimes referred to hereafter as the "Property". 2. It is the intention and desire of the Declarant to set forth this Declaration of Protective Covenants in order to promote the harmonious and attractive development of the Property for the health, comfort, safety, convenience, and general welfare of the present and subsequent Owners of the Property and each portion thereof. NOW THEREFORE, Declarant hereby declares that the Property is subject to the following protective covenants which shall run with the land for the benefit of and be binding upon each present and subsequent Owner of any right, title or interest in any portion of the Property and their respective heirs, grantees, successors, representatives, and assigns. DEFINITION OF TERMS As used in this Declaration, the following terms shall have the meanings indicated: Architectural Control Committee. The Committee described in Article II of this Declaration. Articles of Incorporation. The Articles of Incorporation of the Association as the same may be amended from time to time. Association. Little Thompson Valley Estates Homeowners Association, Inc., a Colorado nonprofit corporation, the members of which shall be all of the several Owners of the Lots within the Property. Board. The duly elected Board of Directors of the Association. Bylaws. The duly adopted Bylaws of the Association as the same may be amended from time to time. Colorado Common Interest Ownership Act. The Colorado statutes known as the "Colorado Common Interest Ownership Act", which is now codified as Article 33.3 of Title 38, Colorado Revised Statutes, as may from time to time hereafter be amended. Common Elements. The areas identified in the recorded Plat as "Outlet A" and "Alpine Sky Drive", and any common mailbox facility for the Property; and any addition to the Common Elements which may hereafter be made. 1 97CF:95 Protective Covenants for Little Thompson Valley Estates P.U.D. Dealer. Means a person in the business of constructing homes or selling Lots for such person's own account. Declarant. The Owner of the Property whose signature is affixed to this Declaration, and any successor or assign to Declarant's Rights hereunder with respect to Declarant Control. Declarant Control. Rights reserved to the Declarants to control the Association, and the Architectural Control Committee, and to amend this Declaration. Declarant's Facilities. Facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the construction, management and sale of the Lots and residences thereon, including but not limited to, a business office, storage areas, construction yards, model homes, signs, and sales office. Declaration. This Declaration as amended, changed, or modified from time to time. on a Lot. Dwelling. Means and refers to a single-family residential dwelling constructed Improvement. Means and refers to any dwelling, outbuilding, shed, garage, fence, wall, pad, driveway, walkway, parking area, curb, clotheslines, berm, deck, patio or other structure or improvement of any kind. Landscape Buffer. Shall mean the portion of Lots 2 and 6 within the "20' Landscape Buffer" as shown on the Plat within which each such Lot Owner is required to place and maintain landscaping, and upon which structures, other than fences, may not be erected or maintained. Lot. Lots 1, 2, 3, 4, 5, and 6, inclusive; as shown on the Plat, and any other Lots hereafter created within or added to the Property. Owner. The record fee Owner, or Owners if more than one of a Lot, including Declarant so long as Declarant owns any Lot. Owner shall include the seller of a Lot under any executory contract for sale or installment sale contract. Owner shall not include any person holding a mineral interest or holding an interest solely as security for satisfaction of an obligation. Plat. The Plat of Little Thompson Valley Estates P.U.D. within the County of Weld, State of Colorado as recorded in the records of the Weld County Clerk and Recorder. Property. All of the real Property shown on the Plat, and any other Property hereafter added. Purchaser. Purchaser means a person, other than a Declarant or a Dealer who by means of a transfer acquires a legal or equitable interest in a Lot, other than: (a) 2 11,70C”5 Protective Covenants for Little Thompson Valley Estates P.U.D. a leasehold interest in a Lot of less than forty (40) years, including renewal options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or (b) a security interest. Residential Lot(s). Means and refers to Lots 2, 3, 4, 5 and 6. Single -Family. Means and refers to an individual, or a group of persons related by blood or marriage, or a group of not more than three persons who are not all related to each other by blood or marriage living together. Successor. When used in connection with the Declarant, means one or more persons (other than a Purchaser) who have been assigned or otherwise succeeded to all or a portion of Declarant Control Rights. ARTICLE I LAND USE CONTROL -RESIDENTIAL LOTS 2 THROUGH 6 This Article sets forth land use controls for Residential Lots 2, 3, 4, 5 and 6, and has no application to use of Lot 1, and unless otherwise specifically stated, any reference to Lot in this Article I shall mean and refer only to the said Residential Lots 2 through 6 inclusive, which are subject to the following provisions: 1.01 Land Use and Building Type. Except as may expressly be provided otherwise in this Declaration, no Residential Lot shall be used except for single-family residential purposes, and for any home occupation which is in compliance with this Article I and is permitted by applicable zoning regulations. Except for Declarant's Facilities, no building, other than approved outbuildings, shall be erected, altered, placed or permitted to remain on any Residential Lot other than one detached single-family dwelling not to exceed two stories in height (when viewed from the side of the dwelling determined by the Architectural Control Committee to contain the front entrance to the dwelling) and a private attached garage. For purposes of determining the number of stories, a walkout basement shall not be counted as a story unless the walkout basement is on the same side of the dwelling as the front entrance. In addition, the Architectural Control Committee may approve placement on a Residential Lot of outbuildings in accordance with paragraph 1.04 below, if the Committee finds that such structure is compatible with the harmonious and attractive appearance of the Residential Lot and is of satisfactory design and quality. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for the Declarant and its builders, agents, employees, successors and assigns to maintain Declarant's Facilities on the Property during the period of construction and sale of the Residential Lots. 1.02 Architectural Control Committee Aporoval Required. Except for Declarant's Facilities, no Improvement shall be erected, placed, maintained, or altered on any Residential Lot unless they are in compliance with this Declaration and all required plans and specifications related thereto have been first submitted to and approved by the Architectural Control Committee in accordance with the provisions of Article III. All dwellings and other buildings, shall have finished exteriors and roofs of a type and of a material approved by the Architectural Control Committee. Domes, mansard roofs, flat roofs or other unusual roof style, or roofs having a pitch of less than five/twelve shall require the specific approval of the Architectural Control Committee. 3 9701.395 Protective Covenants for Little Thompson Valley Estates P.U.D. It is the intent of this Declaration to allow the Architectural Control Committee to exercise full discretion in the approval and denial of any Improvement so as to create a development with rural elegance that compliments the character of the Little Thompson River and the surrounding area, including agricultural uses, and to foster compatible designs which are harmonious with the surrounding natural areas and agricultural activities. Therefore, in addition to, and notwithstanding, the other provisions of this Article I, and those set forth in Article III, the Architectural Control Committee shall have the absolute and unfettered authority and discretion to approve or deny any Improvement so as to insure the best use and the most appropriate development and Improvement of each Residential Lot so as to protect the Owners of building sites against inappropriate use of surrounding Residential Lots as will depreciate the value of the Residential Lots; to preserve, so far as is practicable, the natural beauty of the Residential Lots; to guard against the erection of poorly designed structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said Property; to encourage and secure the erection of attractive homes and other permitted structures thereon, with appropriate locations thereof on Residential Lots; to prevent haphazard and inharmonious improvement of Residential Lots; to secure and maintain proper setbacks and in general to provide adequately for a high type and quality of Improvements on said Residential Lots and thereby enhance the value of Improvements on the Residential Lots. 1.03 Dwelling Quality and Size. Dwellings must be built on -site and no prefabricated, previously built or modular home shall be permitted upon any Residential Lot. A dwelling must include as a part thereof a private garage integrated into the structure capable of housing at least two (2) cars. No single family dwelling with a finished living area of less than 1,700 square feet shall be permitted on any Residential Lot. The first floor of a two-story or multi -level home shall contain a minimum of 1,100 square feet of finished living area, and a one-story home shall have a minimum of 1,700 square feet of finished living area. The Architectural Control Committee shall be vested with the sole determination as to what constitutes the first floor of a Dwelling and what constitutes a story for purposes of this Article I, and such determination with regard to any proposed Dwelling shall be final and binding upon the Owner proposing the Dwelling. For purposes of this Section, the square footage of finished living area shall be calculated by the exterior measurement of living area only, excluding basement (whether or not there is a basement walkout) and attic areas, garage, porches, patios, and open spaces. 1.04 Outbuildings. All outbuildings are subject to the prior approval of the Architectural Control Committee in accordance with the provisions of this Declaration. In addition to a single-family dwelling, the Architectural Control Committee may approve the following outbuildings for a Residential Lot: 1.04.1 Detached Buildings. Each Residential Lot may have: (i) one (1) detached outbuilding not to exceed 1,000 square feet, with a side -wall height not to exceed twelve (12) feet which may be used as a garage or other use permitted by this Declaration; and (ii) one (1) utility shed not exceeding 96 square feet. The utility shed is not required to be permanently affixed. 1.04.2 Loafing Shed/Corral. A loafing shed with an attached tack room, the total square footage of which shall not exceed 800 square feet, if approved by the Architectural Control Committee, may be located in the following places: Lot 2, Southwest corner; Lot 3, Northwest corner; Lot 4, Southwest corner; Lot 5, Northwest corner; Lot 6, either the Southwest or Northwest corner. Unless otherwise approved by the 4 970f.:95 Protective Covenants for Little Thompson Valley Estates P.U.D. Architectural Control Committee, corral fences will be white and construction will be consistent for all corrals. The total corral size shall not exceed 800 square feet. Each Residential Lot with a loafing shed and a corral shall be required to maintain a tree belt or shrub row around the corral and loafing shed area to screen them. 1.05 Building Location. All structures located on any Residential Lot shall be subject to the following setbacks: 1.05.1 Front Setback: All buildings and structures, including any fencing approved by the Architectural Control Committee, shall be constructed no closer than 70 feet to the East property line of the Residential Lot. 1.05.2 Rear Setback: All buildings and structures, except any loafing shed approved by the Architectural Control Committee, shall be constructed no closer than 50 feet from the West property line of the Residential Lot. 1.05.3 Side Setbacks: (i) All buildings except any loafing shed approved by the Architectural Control Committee, shall be constructed no closer than 70 feet from the North and South property lines of the Residential Lot. 1.06 Easements and Street Frontage. Easements for installation and maintenance of utilities are reserved as shown on the recorded Plat. Within these easements no structure, planting, or other material, other than any loafing shed, fencing or landscaping approved by the Architectural Control Committee, shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easements area of each Residential Lot and all landscaping and Improvements on it shall be maintained continuously by the Owner of the Residential Lot. 1.07 Time for Construction and Repair. The construction of a Dwelling, structure, landscaping, or any other Improvement approved by the Architectural Control Committee, shall be fully completed within nine (9) months after the date of commencement of the construction. In the event any structure is destroyed either wholly or partially by fire or other casualty, all debris and remaining portions of the structure shall be promptly removed from the Residential Lot, and the structure shall be promptly rebuilt or remodeled to conform to this Declaration. All repairs or reconstruction of dwellings, fences or other structures or other Improvements, whether due to wear and tear or other causes shall be subject to and in accordance with the covenants herein, and repair and reconstruction thereof shall be completed no later than one (1) year from the date of damage. If required by the Architectural Control Committee, the Owner of a Residential Lot upon which construction, or repair or reconstruction, of any Dwelling, structure, or other Improvement, is to be performed shall deliver to the Association a deposit in an amount to be determined by the Architectural Control Committee not to exceed $500.00 ("the Deposit"). The Deposit shall be returned to the Owner within thirty (30) days after the Improvement has been completed in conformity with the approved plans and specifications, and all debris has been removed from the Residential Lot. If the Improvement has not been timely completed, or has not been completed in conformity with the approved plans and specifications, or if debris has not been removed from the Residential Lot, then the Association shall have the right, but not the obligation, to enter upon the Residential Lot if it deems appropriate and complete the Improvements in conformity with the approved plans and specifications and remove debris and deduct the cost thereof from the Deposit, and to apply the balance of the Deposit to any attorney fees and other costs which may be incurred due to the breach by the Residential Lot Owner of compliance with the 5 pry x: 1 .mss r< ,.) Protective Covenants for Little Thompson Valley Estates P.U.D. provisions of this Declaration. At such time as the Residential Lot has been placed in conformity with the provisions of this Declaration, the balance of the Deposit, if any, shall be returned to the Owner within thirty (30) days following attainment of compliance. If the Deposit is not sufficient to cover the costs of completing the Improvements or removing the debris or the costs and expenses of enforcement of this Declaration due to Owner's breach, the amounts not so satisfied by the Deposit shall be recoverable as a special assessment against the Owner and the Residential Lot. 1.08 Nuisance. Each Residential Lot shall at all times be maintained in a clean and tidy condition and shall not be used for any purpose or storage of anything that will cause such Residential Lot to appear in an unclean or unsightly condition. No Residential Lot shall be used in such a manner as to obstruct or interfere with the enjoyment of other Residential Lots or of the Owner of Lot 1, or annoy them by unreasonable traffic, noises, lights, odors, or otherwise, nor shall any nuisance or illegal activity be committed or permitted to occur on any Residential Lot. No exterior horn, whistle, bell, or other sound devices except security devices used exclusively to protect the security of the Residential Lot and the Owners or occupants thereof shall be placed or used on any part of the Residential Lot. All power and motorized equipment, including mowers, snowblowers, tractors and any other motorized equipment used on any Residential Lot must be properly equipped with mufflers so as to reduce to the degree practicable the noise of operation. Any power equipment used on a Residential Lot shall be housed within the garage or a building, if any, approved for such use by the Architectural Control Committee, and doors and windows shall be closed to minimize to the greatest extent possible the noise of operation. The hours of operation of any power equipment or motorized equipment on any Residential Lot shall be confined to the period of time commencing at 7:00 a.m. and ending at 7:00 p.m. unless the noise is so confined as to not unduly impact the occupant of any adjacent Residential Lot or Lot 1, or unless the Board of the Association establishes different hours hereafter. Motorcycles, all -terrain vehicles, snowmachines and similar conveyances shall not be used on any Residential Lot except for the purpose of ingress and egress or for the purpose of transportation of persons carrying out or materials used in any Improvement or maintenance of the Residential Lot. 1.09 Animals. Except for the specific provisions below regarding the keeping of household pets and horses, no animals will be kept on any Residential Lot. 1.09.1. Household Pets. Household pets such as dogs, cats, and such other small animals which may be specifically approved from time to time by the Architectural Control Committee hereafter, may be kept on a Residential Lot, provided that, unless otherwise authorized by the Architectural Control Committee, no more than a total of five (5) such household pets, and their unweaned offspring, may be kept on any Residential Lot, and further provided that no such pets may be kept, bred, or maintained for any commercial purposes and that the manner of keeping such animals does not result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Residential Lots or Lot 1. The Architectural Control Committee may adopt from time to time such rules and regulations as it deems appropriate regarding the type, quantity and requirements for keeping such household pets on any Residential Lot. Any decision by the Architectural Control Committee regarding the type and number of animals which may be kept upon any Residential Lot, shall not be effective unless and until it has been reduced to writing. Any such decision may be later rescinded or modified by the Architectural Control Committee, and any Owner affected by such rescission or modification shall have a reasonable time, not to exceed forty-five (45) days, to comply with such rescission or modification. Household pets shall be properly housed and penned or fenced to confine them to the 6 9 7CR:C`15 Protective Covenants for Little Thompson Valley Estates P.U.D. Residential Lot and shall not be allowed to roam, nor shall they be allowed to run or harass wildlife. The Architectural Control Committee shall not approve the keeping of any swine on a Residential Lot, and no chickens, ducks, geese, pea hens, or other non -household birds or poultry, may be kept on any Residential Lot unless the Architectural Control Committee finds that the keeping thereof can be done in an appropriate manner and that the keeping of such animals will aid in the control of insects or other pests. 1.09.2 Horses. No horses shall be kept on any Residential Lot, unless there is in effect at all times, a lease by which such horses are allowed to graze on Lot 1. If such a lease is in existence, no more than two (2) adult horses, and their unweaned offspring, may be kept on any Residential Lot. The Owners of Lot 1 have no obligation to allow grazing by any horses at any time, and it is solely within the discretion of the Owners of Lot 1 as to whether any grazing will be permitted. In order to prevent the loss of groundcover, in no event shall grazing of horses be permitted upon any Residential Lot, and any horse allowed to be maintained on any Residential Lot shall be kept at all times in a corral approved by the Architectural Control Committee. If the right to graze upon Lot 1 is terminated, all horses which have no such grazing rights shall be removed from any Residential Lot within ten (10) days of the time that the right to graze has terminated. 1.09.3 Nuisance Animals. In the event that any dog, cat or other animal which is allowed to be kept on any Residential Lot becomes a nuisance due to excessive noise or other behavior or conditions, an Owner may file a complaint with the Association, which complaint shall be forwarded to the Owner of the Residential Lot upon which the nuisance animal is located. The Board may establish from time to time procedures for handling such complaints, and if the complaining party is not satisfied with the outcome at completion of the Board established procedure, the complaining party may request the Association to direct the Owner of the Residential Lot to take specific remedial action; in which event, by a majority vote of the Owners of the Association, the Association may direct an Owner to take specific remedial action to be completed within a reasonable time as the Association deems proper, and at the expiration of such time provided for remedial action, the Association shall have the right to require the Owner to remove the nuisance animal if by a vote of the Owners of four (4) or more of all Lots (including Lot 1) in the Property, it is determined that the situation has not been properly corrected. 1.10 Commercial Uses. No Residential Lot shall be used for any business, trade, or commercial use, except such home occupations as are otherwise in compliance with this Declaration and permissible under the zoning regulations which from time to time are in effect. Any such home occupation must meet any policy or decision of the Architectural Control Committee regarding home occupation, must be fully carried out within the dwelling unit on the Residential Lot, and may not be conducted in such fashion as to constitute a nuisance or violate any provision of this Declaration. Any such decision or policy adopted by the Architectural Control Committee may be later rescinded or modified by the Committee, and any Residential Lot Owner affected by such rescission or modification shall have a reasonable time, not to exceed forty-five (45) days, within which to comply with such rescission or modification. 1.11 Maintenance of Residential Lots and Improvements. Owners of Residential Lots shall keep or caused to be kept all buildings, fences, structures, landscaping and other Improvements in good repair. Rubbish, refuse, trash, litter, lumber, junk, boxes, bottles, cans, garbage, and other solid, semi -solid, and liquid waste shall be kept within sealed sanitary containers, shall not be allowed to accumulate, and shall be disposed of in a 970(.395 Protective Covenants for Little Thompson Valley Estates P.U.D. sanitary manner. No Residential Lot shall be used or maintained as a dumping ground for rubbish. All such containers shall be maintained in a good, clean condition and no such containers shall be stored outside, unless the Architectural Control Committee first approves appropriate screening, and each Residential Lot Owner shall arrange for the removal, no less than weekly, of all such waste. No lumber or other building materials shall be stored or permitted to remain on any Residential Lot unless screened from view in a manner approved by the Architectural Control Committee, except for those materials reasonably necessary to be stored on the Residential Lot during construction of Improvements. No hay or straw shall be stored on any Residential Lot except in a corral or a loafing shed area as approved by the Architectural Control Committee. 1.12 Signs. No sign of any kind shall be displayed to the public view on any Residential Lot except signs erected by Declarant to identify the Property, and except: (i) one sign of not more than five (5) square feet advertising the Residential Lot for sale or rent; lii) signs used by Declarant or a builder to advertise the Property or Residential Lot(s) during the construction and sales period; and (iii) such other signs as the Architectural Control Committee may, from time to time, approve. 1.13 Fences. Except those installed by Declarant, no fence, wall, hedge or other plantings which will act as a screen or divider shall be installed or maintained without first being approved by the Architectural Control Committee. All fences, walls, hedges and plantings adjacent to public roads shall be in compliance with any applicable site line requirements established by the governmental authority having jurisdiction. All fences, walls, hedges, and shrub plantings shall be maintained in a clean, neat, and orderly condition at all times. 1.14 Vehicles. No bus, large commercial or construction type vehicles (including by way of example and not in limitation, dump truck, cement mixer truck, oil or gas truck, delivery truck, backhoe, bulldozer, or semi -tractor or trailer) shall be parked, stored or kept on any Residential Lot, or on Alpine Sky Drive, except those of Declarant, or while reasonably necessary during construction of Improvements. Recreational vehicles, utility and recreational trailers, horsetrailers not in excess of 35 feet, boats and boat trailers, and recreational equipment or vehicles, shall be stored inside structures approved by the Architectural Control Committee, or in accordance with any policies hereafter adopted by the Architectural Control Committee from time to time regarding such storage. The Architectural Control Committee can at any time modify or rescind its policies regarding such storage and every Residential Lot Owner shall comply with such rescissions or modifications within forty-five (45) days of notice from the Architectural Control Committee of the change in policy. No junk or inoperative vehicles shall be stored or permitted to remain on any Residential Lot unless within fully enclosed garages. For purposes of this provision, any disassembled or partially disassembled car, truck, or other vehicle, or any vehicle which has not been moved under its own power for more than one (1) month shall be considered an inoperable automobile. No work of automobile repair or maintenance shall be performed except such work as is performed by the occupant of such Residential Lot upon the occupant's vehicles and also such work shall be performed within the confines of an Owner's garage. 1.15 Fires and Firearms. There shall be no exterior fires permitted on any Residential Lot except barbecue fires contained within receptacles specifically designed for such purposes. No Owner shall permit any conditions on his Residential Lot which create a fire hazard or are in violation of fire prevention regulations. No firearms shall be discharged within or on any Residential Lot. 8 9708 5 Protective Covenants for Little Thompson Valley Estates P.U.D. 1.16 Towers, Masts, Antennas, Solar Panels, Mechanical Units and Satellite Dishes. No devices for transmission or reception of microwave, optical, radio, television, or other communication signals, including by way of example and not in limitation, antennas, masts, towers, satellite dishes; and no heating, ventilating or air conditioning units, solar panels, or other similar objects shall be placed on the roof or exterior of any building, or elsewhere on a Residential Lot, unless first approved by the Architectural Control Committee. Unless otherwise permitted by the Architectural Control Committee, all such approved facilities shall be appropriately screened, or architecturally integrated into and fully contained within the roof or exterior of dwellings and shall not significantly project from the surrounding surfaces. The allowance of and the placement of all such units is, to the fullest extent possible by law, restricted to the sole discretion of the Architectural Control Committee. 1.17 Storage of Dangerous Materials. No above -ground storage tanks of any character shall be allowed on any Residential Lot. Propane tanks shall be placed underground. Except for such propane tanks, no gasoline, paint or any other toxic, hazardous or flammable materials shall be stored on any Residential Lot in quantities in excess of 15 gallons, unless written approval thereof is obtained from the Architectural Control Committee, and such storage is in compliance with all applicable safety standards and regulations. 1.18 Maintenance of Easements and Landscaping. Except for landscaping which the Association maintains, the Owner of each Residential Lot shall be responsible for at all times properly maintaining the landscaping on such Residential Lot, including without limitation, all utility easements and to control and eradicate weeds. If the Owner of any Residential Lot fails to so maintain such areas on their respective Residential Lots, the Association shall be empowered, but is not required, to enter onto such Residential Lots and undertake such steps as necessary to maintain or restore the same, and the cost thereof shall be charged against the Owner of the respective Residential Lot and shall be recoverable as a special assessment against the Owner and the Residential Lot. 1.19 No Subdivision of Residential Lots. No Residential Lot shall hereafter be subdivided. 1.20 Drainage and Soil Conditions. A. Soil Conditions. Many soils within the State of Colorado consist of both expansive soils and low -density soils which may adversely affect structures if the structure is not properly designed and maintained and appropriate drainage provided and maintained. The soils can consist of soils that swell, as well as soils that shrink. Engineered foundations for all construction on the Property are recommended. Soils may also contain substances producing radon gas. B. Action by Owner. The Owner of each Residential Lot agrees to obtain plans and specifications from a qualified engineer for the foundation of any structures, as well as recommendations of such engineer regarding radon gas testing and control measures, and for grading and other methods of control of water flow on and across the Residential Lot in compliance with any grading and drainage plan for the Property approved by Weld County. Each Owner of any Residential Lot is required to comply with the recommendations of such engineer and to at all times take appropriate action to not impede or hinder waters flowing across the Residential Lot in the manner intended by the 9 Protective Covenants for Little Thompson Valley Estates P.U.D. applicable grading and drainage plans and recommendations for the Residential Lot and the grading and any drainage plan approved by Weld County for the entire Property. C. Declarant Not Liable. The Declarant shall not be liable for any loss or damage arising from or in any way connected with soil conditions on any Residential Lot, including by way of example and not in limitation, radon gas, expansive or shrinking soils, subsurface water conditions or the flow of waters on, across, through or under any Residential Lot. 1.21 Driveways and Parking Areas. Hard surfaced private driveways and parking areas are required. Asphalt or concrete, or other paving patterns or materials approved by the Architectural Control Committee shall be used for such paving. Except for those installed by Declarant, no driveway, parking pad, patio, or other paved or hard surfaced area shall be placed on any Residential Lot, or altered, unless first approved by the Architectural Control Committee. 1.22 Exterior Lighting and Utilities. Exterior lighting shall be designed so as not to unreasonably interfere with the use and enjoyment of other Residential Lots or Lot 1. All exterior lighting shall be subject to approval by the Architectural Control Committee and shall be designed and located so as to be compatible with and integrated into the structures on any Residential Lot and the character of the development of the Property. The Architectural Control Committee shall have full discretion to approve and deny exterior lighting to minimize impact on adjacent Residential Lots in the Property and minimize the appearance of a brightly lit complex. All electric, telephone, and other utility lines are to be placed underground. Each Residential Lot Owner is responsible for design, approval, construction and maintenance of adequate individual septic systems, the location of which are subject to the prior approval of the Architectural Control Committee. Each Dwelling have an operating garbage disposal unit connected to the waste water/septic system and also approved by the Architectural Control Committee. No waste water shall be allowed to run upon or remain upon any Residential Lot except through the septic system. Each Residential Lot Owner shall at all times keep and maintain the septic system and appurtenant leach fields or other facilities related thereto in proper and sanitary operating condition. 1.23 Mining. No exploration for or extraction of any sand, gravel, oil, gas, mineral or other subsurface material shall be performed on any part of any Residential Lot and no part of any Residential Lot shall be used for the storage, processing or refining of any such substance. 1.24 Entryways and Street Parking. Each Residential Lot shall have at least one entry from Alpine Sky Drive, and each entry shall have a minimum culvert size of 18". 1.25 Street Parking. No parking is allowed on Alpine Sky Drive, provided, that exceptions for special occasions may be made by the Board of the Association. 1.26 Prohibited Habitation. No basement, partially completed Dwelling, trailer, shack, garage, barn, tent, or outbuilding or other structure or Improvement on a Residential Lot shall at any time be used for human habitation, temporarily or permanently. The only place where habitation may occur is within a completed Dwelling complying with the plans and specifications approved by the Architectural Control Committee and having all necessary governmental approvals and occupancy permits. No habitation shall occur in any 10 970C!X Protective Covenants for Little Thompson Valley Estates P.U.D. Dwelling which has been damaged, or whose waste water/septic system has failed or is inadequate, so as to render such habitation inappropriate. 1.27 Comoliance With Laws. Nothing shall be done or kept in or on any Lot which would be in violation of any statute, rule, ordinance, regulation, permit or validly imposed requirement of any governmental authority having jurisdiction. ARTICLE II LAND USE - LOT 1 2.01 Nonaoolication of Article I. The character and size of Lot 1 makes it inappropriate for application of land use regulations which apply to the Residential Lots. The provisions of Article I therefore do not restrict Lot 1, however, the provisions of Article I are for the benefit of Lot 1, as well as the Residential Lots, and therefore the Owner of Lot 1 has the same rights of remedy and enforcement of the provisions of Article I as that afforded to the Owners of the Residential Lots. The Owner of Lot 1 also has the same rights as the Residential Lot Owners to vote upon any matter arising from or in connection with the provisions of this Declaration, including without limitation, Article I. 2.02 Farming Operations. It is anticipated that agricultural activities may in the future take place upon Lot 1, and the lands surrounding the Property are also anticipated to be used for agricultural purposes. Each person acquiring an interest in a Residential Lot is hereby notified that such agricultural activities can potentially create dust and noise and odors, and the use of chemicals in connection with the farming operations is necessary, common and often undertaken. Slow moving vehicles, and farming operations taking place in late evening and early morning and occasionally throughout the night can be expected. By acceptance of an interest in a Residential Lot in the Property, the Owners are accepting such potential affects of agricultural activities. Those who may find such agricultural activities, and the affects thereof, offensive should acquire property in more urban settings. The recorded Plat also contains a "right to farm" covenant which should be reviewed and is binding upon the Owners of Residential Lots in the Property. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE 3.01 Appointment of Committee. The Declarant has established an Architectural Control Committee, the initial members of which are Kevin McCarty and Dina McCarty. Until all Lots within the Property have been sold by the Declarants to Purchasers and homes have been built and occupied upon all Lots, the Declarant shall appoint the Architectural Control Committee, which may consist of one (1) or more persons as determined by the Declarant. At such time as the Declarants have sold all Lots to Purchasers and homes have been built and occupied thereon, the number of members of the Architectural Control Committee shall and their appointment be as provided for in the paragraph below entitled "Termination of Declarant Control". No member of the Architectural Control Committee shall be entitled to any compensation for services as a member of the Committee. The initial address of the Architectural Control Committee shall be 1100 10th Street, Suite 301, Greeley, Colorado 80631, and hereafter may be changed from time to time by the members of the Architectural Control Committee. The members of the Architectural Control Committee can engage such professional services of architects, engineers and attorneys as they deem from time to time appropriate, and may pay the cost thereof from the filing fees required to be paid by those seeking Architectural Control Committee review. 11 970895 Protective Covenants for Little Thompson Valley Estates P.U.D. 3.02 Architectural Control. Other than Declarant's Facilities, no Improvement shall be erected, placed, maintained or altered on any Residential Lot until the construction plans and specifications and a plan showing the location of the Improvements have been approved by the Architectural Control Committee as to quality of workmanship, quality and color and type of materials, the esthetics and harmony of exterior design with the character of the community and the existing structures, and as to location of Improvements and finished grade elevation, and compliance with this Declaration. At the time of submission of plans for the Dwelling on any Residential Lot, the Owner shall also submit a landscape plan. Each plan submitted to the Architectural Control Committee shall bear the stamp or certification of an architect or engineer licensed in the State of Colorado; provided, that, the Architectural Control Committee may waive this requirement if in the exercise of its discretion it determines such certification is not reasonably appropriate for the plan to be reviewed, and such determination is evidenced by a written waiver of the requirement signed by the members of the Architectural Control Committee. Notwithstanding the waiver of requirement of certification by an architect or engineer, the Architectural Control Committee may at any time, before or after submission of the plan, determine that the plan submitted without certification should be so certified, and may require the party submitting such plan to obtain such certification before any further action by the Architectural Control Committee. 3.03 Rules of Procedure and Guidelines. The Architectural Control Committee may, but is not required to, adopt guidelines and rules and regulations from time to time establishing procedures and design criteria in furtherance of this Declaration. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business. Request for approval of design shall be made to the Committee in writing, accompanied by two (2) complete sets of plans and specifications for any and all proposed Improvements to be constructed on any Residential Lot. Such plans shall include plot plans showing drainage and grading plans, the location on the Residential Lot of the Dwelling, building, wall, fence, or other Improvement proposed to be constructed, altered, placed, or maintained thereon, together with the proposed construction materials, color scheme for roofs and exteriors thereof, architectural renderings, and proposed landscape plantings. The Architectural Control Committee may require submission of additional plans, specifications, and of samples of materials and colors prior to approving or disapproving the proposed Improvement. Until receipt by the Architectural Control Committee of all the required materials in connection with the proposed Improvement to the Residential Lot, the Committee may postpone review of any material submitted for approval. Notwithstanding any other provision of this Declaration, the guidelines or rules adopted by the Architectural Control Committee may specify circumstances under which a variance to the strict application of the provisions of this Declaration to a proposed Improvement may be granted where strict application would be in the opinion of the Architectural Control Committee unreasonable or unduly harsh under the circumstances. The guidelines or rules adopted by the Architectural Control Committee may elaborate or expand upon the provisions of this Declaration relating to procedures and criteria for approval and they also specify rules and restrictions pertaining to the construction of Improvements, including, for example, the storage of construction materials and hours of construction operations. Such guidelines and rules adopted by the Architectural Control Committee shall have the same force and effect as if they were set forth in and were a part of this Declaration. Nothing herein shall authorize the Architectural Control Committee to make any variance with respect to provisions of this Declaration which restrict the character of uses to which Residential Lots may be placed, such as, without limitation, 12 97095 Protective Covenants for Little Thompson Valley Estates P.U.D. provisions restricting animals, commercial activities and other restrictions of this Declaration regarding use, and the ability to grant variances is solely restricted to the location and construction of Improvements. 3.04 Approval of Plans. The Architectural Control Committee shall approve or disapprove plans, specifications, and details within thirty (30) days from the receipt all materials requested by the Committee and shall notify the Owner submitting them of such approval or disapproval in writing. If all samples, plans, specifications, and details requested by the Committee have been submitted and are not approved or disapproved within such thirty (30) day period they shall be deemed approved as submitted. One set of plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the Owner submitting them and the other copy thereof shall be retained by the Architectural Control Committee for its permanent file. Applicants for Architectural Control Committee action may, but need not, be given the opportunity to be heard in support of their application. Refusal of approval of plans, location, or specifications may be based by the Architectural Control Committee upon any reasonable grounds, including purely aesthetic considerations, which in the sole and uncontrolled discretion of the Architectural Control Committee shall seem sufficient, reasonable, and not capricious. The Committee may condition its approval of any proposed Improvement to property upon the making of such changes therein as the Committee may deem appropriate. All applications to Weld County for issuance of building permits must be accompanied by a letter from the Architectural Control Committee evidencing review and approval of the plans by the Architectural Control Committee. 3.05 Filing Fees. As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount to be fixed by the Architectural Control Committee from time to time, provided that the fee shall not exceed $500.00 for any plan submitted within twenty-four (24) months of the date of recording of this Declaration. No additional fees shall be required for one (1) resubmission of plans revised in accordance with Architectural Control Committee recommendations if such resubmission is made within twenty (20) days of the Architectural Control Committee response to the initial plans submitted. Additional resubmissions shall require payment of additional fees, unless waived by the Architectural Control Committee for such reasons as the Architectural Control Committee in the exercise of its sole discretion deems appropriate. 3.06 Completion of Improvements. Any Improvement approved by the Architectural Control Committee shall be timely commenced and in no event commenced later than nine (9) months from the date of such approval. If not commenced within such time, the approval of the Committee shall automatically expire and the applicant must thereafter resubmit all plans to the Committee for reconsideration. The fact that a proposed Improvement has previously been approved by the Committee shall not require the Committee to again approve such proposed Improvement if the approval has expired pursuant to the terms of this paragraph. Once an approved Improvement has been commenced, the Improvement shall be completed no later than nine (9) months from the date of commencement. 3.07 Governmental Approvals. Each Owner shall obtain, prior to commencement of construction of any Improvement, all permits, licenses, certificates, consents and other approvals necessary or required pursuant to any law, ordinance, resolution, order, rule or regulation of any governmental authority having jurisdiction in order for the Owner to construct, operate and maintain the Improvement; and before commencing work on any 13 Protective Covenants for Little Thompson Valley Estates P.U.D. such Improvement, the Owner shall provide to the Architectural Control Committee a copy of such governmental approval. The Owner shall also furnish the Architectural Control Committee on a timely basis with copies of permits or certifications showing that the work being performed has, where required, been inspected and approved by the governmental authority having jursidiction and a copy of the certificate of occupancy or final inspection or certification shall be timely provided to the Architectural Control Committee. 3.08 Inspection of Work and Notice of Completion. The members of the Architectural Control Committee, and any agent or representative thereof, shall have the right to inspect any Improvement to any Residential Lot prior to and after completion, provided that the right of inspection shall terminate three (3) days after the Committee has received from the applicant a notice of completion. 3.09 Estoppel Certificates. Upon the reasonable request of any interested party, and after confirming any necessary facts, the Architectural Control Committee, shall furnish a certificate with respect to the approval or disapproval of any Improvement to any Residential Lot or with respect to whether any Improvement to a Residential Lot is 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. 3.10 Non -Liability. No member of the Architectural Control Committee, or any other agents of the Architectural Control Committee, shall be liable for any loss, damage or injury arising out of or in any way connected with the performance or nonperformance of the Architectural Control Committee. In reviewing any matter, the Architectural Control Committee is not responsible for reviewing, nor shall its approval of any Improvement to a Residential Lot be deemed to be, an approval of the Improvement to a Residential Lot from the standpoint of safety, whether structural or otherwise, or conformance with any building, zoning or other codes or governmental laws or regulations. 3.11 No Implied Waiver or Estoppel. No action or failure to act by the Architectural Control Committee shall constitute a waiver or estoppel with respect to future action by the Architectural Control Committee, or the Association or its members with respect to any Improvement. By example, and not in any way a limitation, the approval by the Architectural Control Committee of any Improvement shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or any similar proposals, plans, specifications or other materials submitted with respect to any other Improvement. ARTICLE IV PROPERTY RIGHTS IN THE COMMON ELEMENTS 4.01 Owners' Easement of Eniovment of Common Elements. Subject to the other provisions of this Declaration, every Owner of a Lot in the Property shall have a right and easement of enjoyment in and to the Common Elements in common with the other Owners of Lots and the Association, and if not elsewhere reserved in this Declaration, an easement for the uses hereafter identified is hereby reserved to each of the Owners of Lots and to the Association. 4.02 Title to the Common Elements. The Declarant hereby covenants that he will convey to the Association the title to all the Common Elements. 14 Protective Covenants for Little Thompson Valley Estates P.U.D. 4.03 Assignment of Use by Owners. Any Owner of a Lot may assign, in accordance with the Bylaws and any rules and regulations from time to time adopted by the Association, the right of enjoyment to the Common Elements to the members of the Owner's family, and tenants, guests or purchasers under installment land contracts who reside on Lot. 4.04 Extent of Owners' and Association's Easements-Outlot A. The rights and easements of enjoyment of the Owners of Lots, and the Owners Association, created in the Common Element identified on the recorded Plat as "Outlot A" "Common Open Space", created hereby shall be subject to the following: 4.04.1 No use shall be made of the area which is inconsistent with its purpose as common private open space for the benefit of the Owners of Lots. Notwithstanding any other provision of this Declaration to the contrary, except for those installed by Declarant, no permanent structure shall be placed in the area unless a majority of the Owners of Lots have consented to such structure. 4.04.2 The Association shall have the right to adopt and enforce rules and regulations for usage and to limit the number of guests of Owners of Residential Lots utilizing the Outlot A provided such rules and regulations and limitations are the same for all Owners of Lots who are otherwise in compliance with this Declaration and the rules and regulations. 4.04.3 The Association shall not have any right to encumber, pledge, assign or transfer its ownership or easement rights unless written approval for the same is given by the Owners of every Lot. 4.04.4 The Association shall have the right, as provided in its Articles and Bylaws, to suspend the enjoyment rights in Outlet A of any Owner of a Lot for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations. ARTICLE V OWNERS ASSOCIATION 5.01 Formation of the Association. The Declarant has formed, or will form after the recording of this Declaration, a Colorado non-profit corporation ("The Association"). Each Owner of each Lot within the Property shall be a member of the Association. Status as an Owner of a Lot is the sole qualification for membership, such membership being deemed an incident of Ownership of a Lot. Individuals who jointly own a Lot, shall be deemed to constitute a single Owner of a Lot. An Owner's membership in the Association shall commence as of the date that fee title to a Lot is conveyed to the Owner and shall terminate on the date of termination of Ownership of a Lot. 5.02 Classes of Membership and Voting Rights. The Association shall have two (2) classes of voting membership. Class A shall be composed of the Declarant. Class B shall be composed of the Owners of Lots other than Declarant. For matters upon which Owners of Lots are entitled to vote, the Class A member shall be entitled to cast two (2) votes for each Lot owned by the Class A member, and Class B members shall each be entitled to cast one (1) vote for each Lot owned by the member. In the event a Lot is owned by (2) or more persons, whether by joint tenancy, tenancy in common, or otherwise, the vote for such Lot shall be exercised as the Owners thereof shall determine 15 x ..95 Y Protective Covenants for Little Thompson Valley Estates P.U.D. but the vote attributable to such Lot shall be cast by only one (1) of the Owners of such Lot who shall be designated by the several Owners of such Lot in writing prior to or at the time the vote is cast. In the absence of such designation by such multiple Owners the vote for such Lot may be cast in accordance with the agreement of a majority in interest of the persons having ownership interest in the Lot. There shall be deemed to be a majority agreement if any one of the multiple Owners casts the vote allocated to the Lot without protest being made promptly to the person preceding over the meeting by any of the other Owners of the Lot. No vote may be cast or counted for any Lot for which assessments, fees, dues, or other monies are in default of payment at the time votes are counted. 5.03 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors (the "Board"). The powers and duties of the Board shall include, but not be limited to the following: A. To enforce all of the applicable provisions of this Declaration. B. To maintain the Common Elements. C. To contract for and pay for the cost of providing the functions of the Association out of funds collected by the Board. D. To levy and collect the costs of maintenance as provided in this Declaration and to make or authorize the expenditures therefrom. E. To receive and process complaints from Owners with respect to any provisions of this Declaration. F. To adopt such rules and regulations as the Board from time to time may deem necessary or appropriate to carry out the provisions of this Declaration. G. To render such discretionary decisions as are vested in the Board pursuant to this Declaration. H. To impose charges for late payment of assessments, recover costs of enforcement including reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, and to establish the rate of interest to be assessed for all sums which may be payable to the Association. I. To obtain and keep in force such insurance as the Board may from time to time deem appropriate including, but not limited to, casualty and liability, worker's compensation, errors and omissions coverage for officers, directors, employees, agents and members of the Association, insurance for indemnification of officers, directors and members of the Association acting on behalf of and for the benefit of the Association, and such other insurance that the Board may deem appropriate. J. Subject to the other provisions of this Declaration, to exercise all powers and rights granted to the Association by the provisions of any applicable law. 16 97C1:95 Protective Covenants for Little Thompson Valley Estates P.U.D. K. To take such other action or to incur such other obligations whether or not herein expressly specified as shall be reasonably necessary to perform the Association's obligations hereunder. L. To adopt Bylaws for the Association, and to amend or repeal or otherwise modify such Bylaws from time to time. 5.04 Number and Election of Board Members. Declarant Control. The initial Board of Directors shall consist of one (1) or more persons appointed by the Declarant, each of whom shall serve at the pleasure of the Declarant or until his or her successor(s) is appointed by the Declarant. The Declarant shall, for the period of time hereafter provided, retain the right to appoint and remove the members of the Board of Directors and the officers of the Association and the members of the Architectural Control Committee and to fill any vacancy occurring in any such position and to make amendments to this Declaration ("Declarant Control"). 5.04.1 Period of Declarant Control. The period of Declarant Control with respect to the Board and Officers of the Association, and with respect to appointment of the members of the Architectural Control Committee, and with respect to Declarant's rights to amend this Declaration, shall continue until no Lot in the Property is owned by Declarant or any successor to Declarant (other than a Purchaser) to whom the right to exercise Declarant Control has been assigned, and dwellings have been built upon each Lot and occupied. Declarant may at any time voluntarily surrender the right to appoint and remove the members of the Board of Directors, or the Officers of the Association, or the Architectural Control Committee and may do so by written instrument. 5.04.2 Termination of Declarant Control. Unless otherwise provided in the Bylaws, upon termination of the period of Declarant Control with respect to the Board or Officers of the Association, the Owners shall elect a Board of Directors of at least three (3) members initially, and the Board members so elected shall elect the Officers of the Association. The Board members and Officers, unless otherwise required by applicable law shall take office upon election. Thereafter, the number, term and qualifications of the Directors and Officers shall be as provided in the Bylaws. Upon termination of the period of Declarant Control with respect to the Architectural Control Committee, the Board shall establish the number of members of such Committee and appoint such members. 5.05 Meetings of the Association and Officers. Meetings of the Association shall be held at least once each year. Special meetings of the Association may be called by the President, by a majority of the Board, or by Owners having twenty percent (20%) of the votes in the Association. Not less than ten (10) nor more than fifty (50) days in advance of any meeting, the Secretary or other Officer specified in the Bylaws shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda. The number and type of officers, and the provisions for regular and special meetings of the Association not inconsistent with the foregoing shall be as provided from time to time by the Bylaws and the Articles of Incorporation of the Association. 5.06 Quorum. Unless the Bylaws provide otherwise, a quorum is deemed present throughout any meeting of the Association if persons entitled to cast twenty percent (20%) of the votes which may be cast for election of the Board are present, in person or by proxy, at the beginning of the meeting. Unless the Bylaws specify a larger percentage, a 17 Ot-, co ' 5 .✓ I'/tom Protective Covenants for Little Thompson Valley Estates P.U.D. quorum is deemed present throughout any meeting of the Board if persons entitled to cast fifty percent (50%) of the votes on that Board are present at the beginning of the meeting. 5.07 Coordination with Bylaws and Rules and Regulations. Except as may be otherwise provided herein for action of the Board regarding interest upon unpaid assessments, the provisions of this Declaration provide the minimum substantive terms for the enforcement of this Declaration by the Board and the Architectural Control Committee. Further and additional provisions for the operation of the Board and the Architectural Control Committee may in the future be set forth by the Bylaws of the Association, and by appropriate resolutions or rules and regulations adopted by the Board or the Architectural Control Committee which supplement and further the intent and purposes of this Declaration. In the event any conflict occurs between the provisions of this Declaration and such Bylaws or resolutions, then this Declaration shall control and to the extent possible, the conflicting Bylaws, resolutions or rules and regulations shall be construed to be effective where it promotes the interest of the provisions of this Declaration and invalid where in derogation of these Declarations. 5.08 Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale of the Owner's Lot, and then only to the purchaser of such Lot. A prohibited transfer is void and will not be reflected upon the books and records of the Association. 5.09 Delegation of Use. The Board may from time to time establish rules and regulations regarding the delegation by an Owner of rights of use and enjoyment of the Common Elements to such Owner's guests, tenants or purchasers. 5.10 Notices. Notice of matters affecting the Property may be given to Owners by the Association, or by other Owners, by personal delivery or by mailing with postage prepaid to the mailing address of each Lot, or to any other mailing address designated by the Owner in writing. Notice will be deemed given when delivered in person, or when placed in the United States mail with sufficient postage prepaid. ARTICLE VI MAINTENANCE, BUDGET AND ASSESSMENTS 6.01 Maintenance of Common Elements. The Association shall be responsible for the maintenance of the Common Elements until and unless such maintenance obligation is assumed by Weld County, or by any other governmental or quasi -governmental body. 6.02 Allocation of Common Expenses to Lots. The expenses of functions imposed on the Association pursuant to this Declaration, together with the expenses of administration and operation of the Association and its Boards and Committees and the Architectural Control Committee (including any appropriate indemnity to members of the foregoing), and such other items of expense as contained in the budgets adopted by the Association, shall be allocated among the Lots, with each Lot to bear the following percentages of the expenses of the Association: Lot 1 - five percent (5%); Lots 2, 3, 4, 5 and 6 - nineteen percent (19%) each. In the event of withdrawal of any Lot(s), or the addition of any Lot(s), assessments will be re -allocated so that all Lots except Lot 1 will have equal assessments, and Lot 1 will have an assessment one-fourth (1/4th) of that applicable to any other Lot, and so that the sum of the percentage allocated to all Lots, subject to minor variations for rounding, shall equal 100%. The assessments based on such re -allocation shall commence on a date fixed by the Board in its discretion. Each 18 97et:: 5 Protective Covenants for Little Thompson Valley Estates P.U.D. Owner, by the acceptance of a conveyance of a Lot, shall be personally obligated to pay such percentage share of such expenses. An Owner shall be responsible for payment of the full share of any assessments for a Lot whether or not the Lot has Improvements. 6.03 Establishment of Common Expenses Budget. The Board shall establish periodic budgets for the Association. Appropriate notice of such budget and meetings concerning such budget shall be provided to the Owners. The amount of each budget shall be assessed against each Lot in the percentage provided in the paragraph above entitled "Allocation of Common Expenses to Lots", and shall be payable in monthly, quarterly, annual or such other periodic installments as adopted from time to time by the Board. Should the Board fail to adopt a budget for any budget period, the periodic budget last adopted shall be continued until such time as the Board adopts a subsequent budget. Without in any way limiting the nature and type of expenses upon which the budget may be based, the budget may include anticipated expenses for reasonable contingency reserve and working capital and sinking funds, legal and other professional expenses, premiums for casualty and liability insurance for the Common Elements, and for errors and omission or other insurance protection designed to provide defense and insurance coverage to the Board members, members of the Architectural Control Committee, Officers, agents and employees of the Association in connection with any matters arising from Association or Architectural Control Committee business and the performance by such persons of their duties or related to their status as Board members, Officers, employees or agents of the Association or Architectural Control Committee. 6.04 Limitation on Assessments. In no event shall the annual average common expense liability allocated to any Lot in the Property, exclusive of optional user fees and any insurance premiums paid by the Association, ("Maximum Annual Assessment"), exceed the maximum amount allowable by then applicable Colorado law for exception of the Property and the Association from the general application of the provisions of the Colorado Common Interest Ownership Act. The current Maximum Annual Assessment is $300.00 per Lot, pursuant to Section 38-33.3-116 C.R.S., and such amount shall not be exceeded unless Colorado law hereafter allows a greater amount without requiring general application of the Colorado Common Interest Ownership Act. In no event shall the Board adopt any budget which will result in assessment of more than the said permissible Maximum Annual Assessment. This limitation shall not affect, and does not include, any special assessments assessed against a Lot as a result of default by an Owner of the Owner's obligations under this Declaration. 6.05 Special Assessments, Acceleration of Payments on Default. In addition to the Common Expenses to be assessed against each Lot, the Board may, from time to time, levy and collect special assessments to remedy any default by an Owner of the Owner's obligations under this Declaration. Such costs and expenses for an Owner's default may be assessed against such Owner without establishment of any supplemental budget, and may be collected from such Owner in the same manner as provided in the paragraphs entitled "Creation of Lien and Foreclosure", and "Owner's Obligation for Payment of Assessments" below. Any charges imposed for late payment, attorney fees and costs, and fines shall be deemed to be assessments against the Owner's Lot and recoverable and subject to the same rights and remedies available to the Association for all other assessments. In addition to all other penalties, fines, costs, fees, expenses and charges which may be assessed, if an Owner is in default of payment of assessments as due, the Officers of the Association may elect to accelerate and call due and payable in full all installment payments of assessments to be paid by such defaulting Owner, for the budget period for which the default exists. Such assessments are not subject to the limitation 19 a 970695 Protective Covenants for Little Thompson Valley Estates P.U.D. contained in the paragraph above entitled "Limitation on Assessments" and are not a part of the common expense liability of each Lot, but are special and in addition to such common expense liability. 6.06 Accounting and Surplus Funds. All funds collected by the Association shall be promptly deposited into a commercial bank account and/or a savings and loan account in an institution to be selected by the Board. No withdrawal shall be made from said account except to pay the obligations of the Association. The Board shall maintain complete and accurate books and records of its income and expenses in accordance with generally accepted accounting principles consistently applied and shall file such tax returns and other reports as shall be required by any governmental entity. The books and records shall be kept at the office of the Association and shall be open for inspection by any Owner or by the holder of any first deed of trust or mortgage of record at any time during normal business hours following reasonable advance notice of the request for inspection. If surplus funds remain after payment of the Association's expenses and prepayment of or provision for sinking funds and reserves, the Board may, but is not required to, pay all or a portion of such surplus to the Owners or credit to the Owners' future assessments, in proportion to each Owner's percentage liability for Common Expenses. 6.07 Creation of Lien and Foreclosure. The Common Expenses Assessments , together with any special assessment or other penalty, cost or charges which an Owner is obligated to pay ("assessments"), shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default of any Owner in the payment of any installment of assessments, such amount, any accelerated payments called due, and any subsequently accruing unpaid assessments, together with interest thereon at the rate of eighteen percent (18%) per annum, or such other rate as may hereafter from time to time be established by the Board, and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable attorneys' fees shall be and become a lien on the interest of the defaulting Owner in his Lot. The Association may, but is not required to, execute and record in the Weld County Recorder's Office a Notice of Assessment Default setting forth the name of the defaulting Owner as indicated by Association records, the amount of the delinquency, and the fact that additional delinquencies may accrue and increase such amount, and the legal description of the Lot or Lots affected. The lack of recording any such notice shall not in anyway affect the priority, validity and enforceability of the lien in favor of the Association or its rights with respect thereto. Such lien shall attach and be effective from the due date of the assessment, and may be enforced by foreclosure by the Association of the defaulting Owner's interest in the Property. The lien provided herein shall be in favor of the Association for the benefit of all Owners who are Association members. In any such foreclosure, the defaulting Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing any notice or claim of lien, and all reasonable attorneys' fees in connection with such foreclosure. The lien shall include and the defaulting Owner shall also be required to pay to the Association the assessments for the Lot whose payment comes due during the period of foreclosure, and the Association shall be entitled to a receiver to collect the assessments so coming due. The Association, on behalf of the member Owners, shall have the power to bid on the Lot at foreclosure sale and to acquire, hold, lease, mortgage, and sell the same. Such lien provided herein shall have the same priority, date of attachment, period of time for enforcement and other aspects as set forth in Section 38-33.3-316, C.R.S. as amended regarding liens arising under the Colorado Common Interest Ownership Act. Reference to such Act, and reference to the aforesaid statute do not constitute an election to make applicable the provisions of the Colorado Common Interest Ownership Act, and it is hereby specifically 20 4.1 970695 • Protective Covenants for Little Thompson Valley Estates P.U.D. stated that application of the Colorado Common Interest Ownership Act is specifically rejected. Reference is made to Section 38-33.3-316 C.R.S. as amended solely for the purposes of clarity in describing the lien in favor of the Association. The Association may, but is not required to send notice of default to an Owner, and a copy of such notice may, but is not required to, be mailed to the holder of any deed of trust or mortgage of record constituting a lien on such Lot. The lack of provision of such notice shall not in anyway affect the priority, validity and enforceability of the lien or obligation of the Owner, or the Association's rights with respect thereto. Upon the payment of the amounts due, if the Association recorded a Notice of Assessment Default, the Association shall cause to be recorded a certificate setting forth the satisfaction of such lien, the cost of preparation and recording of which shall be paid by the Owner. The remedies of the Association for recovery by foreclosure of its lien rights, and by action against the persons personally liable for payment or for any other remedy available by law or in equity are cumulative and independent of each other. Pursuit of one does not waive or restrict pursuit of another remedy, and such remedies may be undertaken by the Association in any sequence and without the necessity for joinder of any claims or remedies. The lien of the Association shall not expire for the greater of six (6) years, or such longer period as may be provided by any applicable statute, from the last date upon which the full amount of assessments become due and if proceedings to enforce the lien are instituted within such period of time, the lien shall continue until completion of such proceedings. The lien in favor of the Association provided herein is not subject to any claim for homestead exemption or any other exemption, right to elective share, allowances or other provisions of testate or intestacy laws providing preferential treatment or exemptions, and each Lot Owner and that Lot Owner's spouse, heirs, successors, representatives and assigns by acceptance by the Lot Owner of ownership of a Lot hereby waives with respect to the lien of the Association all claims for such exemptions or preferential treatment otherwise provided by state or federal laws. 6.08 Owner's Obligation for Payment of Assessments. The amounts assessed by the Association against each Lot and any interest, costs, and attorney fees in connection with default in payment thereof, shall be the personal and individual debt of the Owner thereof at the time the assessment is made. Each person, if more than one (1), composing the Owner shall be jointly and severally liable therefore. Suit to recover a money judgment for unpaid expenses shall be maintainable without foreclosing or waiving the lien securing same. No Owner may be exempted from liability for assessments by a waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the assessment is made. 6.09 Statement of Assessment Status. Upon payment to the Association of a reasonable fee, as may from time to time be established by the Board, accompanied by the written request of the Owner or any mortgagee or prospective Owner of a Lot, the Association shall issue a written statement setting forth the amount of unpaid assessments and any other charges outstanding with respect to the subject Lot, and the date when the same became due. Such statement shall also include credit for any advanced payments of assessments, but no credit shall be given for any accumulated amounts for reserves or sinking funds, if any. The statement issued by the Association shall be binding upon the Association and its officers and each Owner in favor of persons who rely thereon in good faith. The manner and time for providing such statements shall be as provided by the terms of the Bylaws of the Association, as from time to time amended. 6.10 Liability Upon Transfer. Any Owner who sells his or her Lot in good faith and for value shall be relieved of the obligation for payment of assessments thereafter 21 970695 Protective Covenants for Little Thompson Valley Estates P.U.D. attributable to the Lot, as of the date of the recordation of the deed transferring such Lot to the subsequent purchaser. The Owner transferring, and the purchaser of the transferred Lot, shall be jointly liable for payment of all assessments and any related interest, costs and attorney fees attributable to the Lot accrued from the date of execution of the deed through the date of such recordation, and the lien for recovery of the same shall remain in force against such Lot. ARTICLE VII GENERAL PROVISIONS 7.01 Term. Subject to amendments hereafter duly made, this Declaration as set forth in this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date it is recorded after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument signed by sixty-seven percent (67%) of the then Owners of the Lots has been recorded agreeing to terminate this Declaration. 7.02 Amendments. 7.02.1 Amendments by Declarant. During the Period of Declarant Control set forth in the paragraph above entitled "Period of Declarant Control", Declarant, without the necessity of consent by anyone else, shall have the right to amend this Declaration from time to time for any purpose which Declarant deems appropriate. Such amendments shall not be effective with respect to any person not having actual knowledge thereof, until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder. 7.02.2 Amendments by Owners. Consent of Declarant. The Owners of five - sixths (5/6) of the Lots may at any time modify, amend, augment, or delete any of the provisions of this Declaration provided however that: a. While the Declarant, or any successor to Declarant (other than a Purchaser), to whom the right to consent to amendment has been assigned by Declarant, owns any Lot, no amendment may be made unless the Declarant (or Declarant's Successor) has consented in writing thereto. b. No amendment shall be effective with respect to any person not having actual knowledge thereof, until such time as notice of such amendment is filed for record in the Office of the Weld County Clerk and Recorder. c. No amendments may be adopted which would be inconsistent with any condition or covenants imposed as a condition of approval of the platting and subdivision of the Property. d. The Association may not be voluntarily dissolved without the prior permission of the Board of Commissioners of the County of Weld. e. Any of the following amendments to be effective must be approved in writing by the record holders of all encumbrances on the Lots at the time of such amendment: i) Any amendment which affects or purports to affect the validity 22 970695 Protective Covenants for Little Thompson Valley Estates P.U.D. or priority of any encumbrance; or ii) Any amendment which would necessitate a mortgagee after it has acquired a residential Lot to pay any portion of any unpaid assessment or assessments accruing prior to foreclosure, to the extent the amounts would exceed the priority of such assessments over that now provided by this Declaration. f. Except for amendments made by Declarant pursuant to the paragraph entitled "Amendments by Declarant" above, the provisions of the paragraph entitled "Horses" above regarding the keeping of horses shall require unanimous approval by Owners of all Lots of any amendment. 7.03 Mortaaaee Protection Clause. No breach of the covenants or restrictions herein contained, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, except as provided herein with regard to priority of liens in favor of the Association, but all of said covenants and restrictions, together with any amounts for assessments, shall be binding upon and effective against any Owner whose title is derived through foreclosure or through trustee sale or through deed given in lieu thereof. 7.04 Enforcement. The provisions of this Declaration may be enforced in proceedings brought by any Owner or by the Board of Directors of the Association or the Architectural Control Committee. In addition to the provisions for lien foreclosure and recovery against Owners for assessments, enforcement may be by proceedings at law or in equity against any person or persons violating or attempting to violate any provisions of this Declaration either to restrain violation, or to recover damages, or both. All remedies provided are cumulative, and pursuit of one shall not bar pursuit of any other, independently, or jointly, and in any sequence. 7.05 Severability. Invalidation of any clause, sentence, phrase, or provision of this Declaration by judgment or court order shall not affect the validity of any other provisions of this Declaration which shall remain in full force and effect. 7.06 Non -Application of Colorado Common Interest Ownership Act. This Declaration limits assessments, as set forth in the paragraph entitled "Limitation on Assessments", so as not to exceed the maximum amount allowable from time to time by applicable Colorado law for exception of the Property and the Association from a general application of the provisions Colorado Common Interest Ownership Act. Declarant elects that only the mandatory Sections 38-33.3-105, 38-33.3-106, and 38-33.3-107 C.R.S. of the Colorado Common Interest Ownership Act shall be applicable. IN WITNESS WHEREOF, this Declaration has been executed by the Declarant who is the Owner of all lands in the Property, and mortgagees holding any lien against the Property, whose signatures and identification of Ownership interest are set forth below. DECLARANTS: By: KEVIN MCCARTY By: DINA MCCARTY 23 970695 Protective Covenants for Little Thompson Valley Estates P.U.D. CONSENT OF LIENHOLDERS The undersigned Lienholders hereby consent and agree to the foregoing Declaration: STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of 1996, by . WITNESS my hand and official seal. My commission expires: Notary Public 24 970695 Architectural Design and Landscape Guidelines Little Thompson Valley Estates 12/9/96 The design philosophy of Little Thompson Valley Estates is to create a quality residential development that adds to scenic beauty of Little Thompson River valley. Landscape and architectural design guidelines are intended to enhance the visual appeal of the entire development and to help maintain the value of each property. These guidelines are intended as a supplement to the covenants which along with Weld County regulations, provide the basic framework for permissible land use activities in the Little Thompson Valley Estates PUD. These guidelines are intended give the Little Thompson Valley Estates Homeowner's Association the flexibity to address land use issues as they arise. While many of the issues in these guidelines were left out of the covenants to provide some degree of flexibilty, these guidelines must still considered as land use restrictions which are as binding as the covenants. The difference is potential for variances from the Homeowner's Association exist. The likelihood of variances depends on the specific guideline. Some items have signficant opportunity for flexibility while others have only modest flexibility. Dwelling and Landscape Plan Approval Process Please refer to Article III of the Little Thompson Valley Estates Covenants for guidelines regarding the plan approval process. Filing fees are waived for 1997. Design & Landscape Guidelines, Pagel 970695 Design Guidelines General • No manufactured housing • Refer to covenants for dwelling sizes and other general building guidelines Roofs • All major roofs shall be either gable or hip with a pitch of a minimum of 5:12. • Minor roof forms may be gable, hip or shed. Minor roofs will include covered porches, orders, garages, etc. • Residences without overhangs will not be allowed. Doors and Windows • No flush mounted metal doors allowed. • No mirrored or bronze glass will be allowed. • Vinyl or metal clad windows are acceptable. • Garage doors shall not be parallel with Alpine Sky Drive and shall not be a major element of the front elevation. Outbuildings • No unpainted galvanized steel buildings • Refer to covenants for allowed building sizes Fences • Fencing other than property line fencing must relate to the architecture and fit a specific need that cannot be met with plant material (i.e., privacy and screening should be accomplished with plant material wherever possible). • The fence materials, color, scale and texture must appear integrated into the overall design of the residence. Metal, plastic or chain link fences are discouraged. • Chain link fencing will be allowed around tennis courts and swimming pools. Lighting • All lighting shall be sharp cut-off design so the light source is not visible from adjacent property owners or Alpine Sky Drive. All exterior lighting fixtures shall be integrated into the architectural design of the individual residences and constructed of non -reflective materials compatible with the approved project colors. Direct source lighting is discouraged (i.e., the actual light bulb is visible), where direct source lighting is desired by the homeowners only low voltage fixtures are acceptable. See landscape section concerning landscape lighting. Design & Landscape Guidelines, Page2 970695 Treebelt around loafing shed and corrals • In the event a loafing shed and corral is built on a lot, an L-shaped evergreen treebelt will be established around the improvement. The treebelt will be a minimum of one row, spaced no more than 9 feet apart with a minimum average height of 4 feet. Shrubs • The owner of Lot 2 shall establish a hedge row of shrubs in the landscape buffer along the north edge of lot 2 within 24 months of purchasing the lot. A drip irrigation system and suitable mulching material shall be utilized. Shrubs can be obtained through the Extension Service. Larger shrubs can be planted if desired. Drought tolerant shrubs are encouraged wherever possible. No specific numbers of shrubs are required. However, they are encouraged to add to the appearance of the subdivision. Rock and Gravel (not including driveways) • Large areas of rock and gravel are discouraged. Driveways • Concrete slabs in from of garages are required. A minimum distance of 20 feet. All driveways will be all-weather material of either gravel, rock or asphalt. Recreational Areas • Areas designated for development of tennis courts, swimming pools or other recreation areas should be on the initial landscape plan. Play equipment should be kept in close proximity to dwellings. Enclosed or Landscaped Trash Storage Area Trash storage areas should be designed so that they have minimal visiblity from Alpine Sky Drive. The use of topography, trees and shrubs or fencing is encouraged to accomplish this. Design & Landscape Guidelines, Page4 970695 Landscape Guidelines, Lots 2 -6 The individual lot landscape designs shall help blend architecture into the site by using plant material appropriate for the setting and environmental conditions. Individual lots have been located to optimize views from each lot. When locating landscape within the lots, the homeowners must take into consideration the views of adjacent lots. Grasses • Grass shall be established on all areas of lots not covered by buildings, driveways and roads. Areas around trees or shrubs may be excepted. Under ground sprinkler systems are required for all areas planted to grass with low drought tolerance such as bluegrass. Due to the size of the lots a considerable area on each may not be irrigated. Drought tolerant native grasses should be planted in these areas. turf type Buffalo grasses are preferred, although various other grass varieties recommended by the Extension Service and grass seed dealers may be substituted. Trees • As a minimum, each lot owner shall plant trees based on one of the two options outlined below. OPTION A Time Frame Quantity Tree Type Minimum Height Within 12 months of Lot Ownership 3 Deciduous 8 ft. tall 3 Evergreen 4 ft. tall Within 24 months of Lot Ownership 2 additional Deciduous 8 ft. tall 2 additional Evergreen 4 ft. tall Within 36 months of Lot Ownership 2 additional Deciduous 8 ft. tall 2 additional Evergreen 4 ft. tall Total 14 OPTION B Time Frame Minimum Quantity Tree Type Minimum Height Initial Landscaping development - (Within 12 months of Lot Ownership) 3 Deciduous 8 ft. tall 3 Evergreen 4 ft. tall 4 additional Deciduous 6 ft. tall 4 additional Evergreen 3 ft. tall Total 14 .xt Design & Landscape Guidelines, Page3 970695 Architectural Design Guideline Checklist The following items shall be provided by the applicant for approval by the Homeowner's Association: Submitted Approved Weld County building permit applications. Final inspection reports from Weld County, including certificate of occupancy. Floor plans. Summary of Square Footage. Exterior Elevations. Roof Pitch. Exterior Materials. Size, height and construction material of outbuildings Soil investigations: Perc test and foundation recommendations. Exterior lighting plans. Proposed fencing. Location of all site improvements (dwelling, outbuildings, etc.) Design & Landscape Guidelines, Page5 970695 Landscape Guideline Checklist The following items shall be apply to the site plan provided by the applicant: Site plan on 24' x 36' mylar or vellum (1" = 20'). Prior approval for computer software produced drawings at a different scale are also acceptable. Property boundaries. Setbacks shall be shown by dashed lines. Proposed utility routing. Driveway - gravel, asphalt or concrete should be indicated. General location of grasses, indicating varieties. General location of any future shrub or treebelts. Location of any planned or future outbuildings. Location of any planned or future recreational facilities (Tennis courts, swimming pools, etc.) Trash storage area location. Entry columns. Culverts and other drainage plans. Leach field location. Written description of general landscape goals and timing. Area to be covered by underground sprinkler Design & Landscape Guidelines, Page6 970695 Method of Financing: Conventional loan from American Bank -- Loveland, CO 970695 EXHIBIT "A -I" PICKETT ENGINEERING COMPANY 822 7th Street, Suite 210 Greeley, Colorado 80631 (970) 356-6362 SITEWORK LITTLE THOMPSON VALLEY ESTATES Phase I Quantity Unit Date Project Unit Cost Total 12/3/96 96-014 Earthwork Storm Drainage UTILITIES Water extension Site prep., clearing, grubbing, soil removal On -site placement, compaction ' Off -site imported, hauled in, compaction Oft -site disposal Soil Undercut Rock base under building floor slab Sub -total Erosion control system 18' CMP Combination Grated Inlet other items... Sub -total Landscaping & Irrigation Sub -total SITEWORK TOTAL 1.5 1500 0 0 0 0 Acres C.Y. C.Y. C.Y. Tons $500.00 $2.00 $12.00 $750.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 130 0 Lump Sum L.F. EACH $1,000 818.00 $2,500 $3,75t30F} _. $1,000.00 $2,340.00 $0.00 50.00 S3,34O OO 35,000.00 $5:oQ6 Oft $12,090.00 1 Quantity Lump Sum $5,000 Unit Unit Cost 315.50 $13.00 $225 3575 $2,250 $450 $1,250 Total Extensions PAVING Subgrade prep Paving 8" OIP 6" DIP Fittings Gate Valves Fire Hydrant Services Connections to existing mains Sub -total Electric Service Teleonone Service Gas Service 1350 50 9 3 1 3 2 L.F. L.F. EACH EACH EACH EACH EACH $20,925.00 $650.00 $2,025.00 $9,725.00 82,250.00 $1,350.00 $2,500.00 $31,425,00 $900.00 $ 900.00 3900.00 $2,700.0© 534,125.00 3 3 3 EACH EACH EACH $300 $300.00 $300.00 Sub -total UTILITIES TOTAL Quantity Unit Unit Cost Total Miscellaneous Grading & Compaction Regular duty asphalt Iw/base 3"/4"1 Temporary all-weather surface PAVING TOTAL Impact fees Permit fees Testing, Staking and "As -built" Construction Administration MISCELLANEOUS TOTAL 1600 1600 875 S.Y. S.Y. S -Y. $1.00 $8.00 $4.00 $1,600.00 $12,300.00 $3,500.00 $17,900.00 $0.00 $0.00 $6,411.50 $9,617.25 516,028.75 Lump Sum Lump Sum Lump Sum Lump Sum $6,412 $9,617 (GRAND TOTAL $80,143.75 OMBWC01.XLS 970695 PICKETT ENGINEERING COMPANY 822 7th Street, Suite 210 Greeley, Colorado 80631 (970) 356-6362 SITEWORK LITTLE THOMPSON VALLEY ESTATES Phase II Quantity Unit Date Project Unit Cost EXHIBIT "A -II" 12/3/96 96-014 Total Earthwork Storm Drainage UTILITIES Water extension Extensions PAVING Subgrade prep Paving Miscellaneous Site prep., clearing, grubbing, soil removal On -site placement, compaction ' Off -site imported, hauled in, compaction Off -site disposal Soil Undercut Rock base under building floor slab Sub -total Erosion control system 18" CMP Comoination Grated Inlet other items... Sub -total Landscaping & Irrigation Sub -total SITEWORK TOTAL 0.5 500 0 0 0 0 Acres C.Y. C.Y. C.Y. C.Y. Tons 1 Lump Sum 0 L.F. 0 EACH $500.00 $250.00 $2.00 $1,000.00 312.00 $500 $18.00 62,500 $0.00 50.00 $0.00 $0.00 $500.00 $0.00 $0.00 $0.00 Quantity Lump Sum $5,000 Unit • S500 00 $5,000.00 $5,flQ0 0O $6,750.00 II Unit Cost Total $15.50 513.00 $225 $575 $2,250 $450 $1,250 8' DIP r DIP Fittings Gate Valves Fire Hydrant Services Connections to existing mains Suo-total Electric Service Telephone Service Gas Service Suo-totai UTILITIES TOTAL 0 0 0 0 1 3 0 3 3 3 Quantity L.F. L.F. EACH EACH EACH EACH EACH EACH EACH EACH Unit S.Y. S.Y. S.Y. $300 3300.00 $300.00 Unit Cost 31.00 $1,600.00 $8.00 $12,800.00 $4.00 50.00 514,400.00 $0.00 $0.00 $2,745 $2,745.00 $4,113 $4,1 17.50 56,862.50 $0.00 $0.00 $0.00 $0.00 $2,250.00 $1,350.00 $0.00 S3, 60 i OO $900.00 $900.00 $900.00 $2, 700.Od. 56,300.00 I Total Grading & Compaction Regular duty asphalt (w/base 3'74.1 Temporary all-weather surface PAVING TOTAL Impact fees Permit fees Testing, Staking and "As -built" Construction Administration MISCELLANEOUS TOTAL 1600 1600 0 Lump Sum Lump Sum Lump Sum Lump Sum (GRAND TOTAL 534,312.50 OMBWCO2.XLS 970695 EXHIBITl CONSTRUCTION SCHEDULE Phase I The Final PUD Plan presented herein relates to 14essiateitt Little Thompson Valley Estates. This development will create 6 lots in total. Lot A is approximately 61.2 acres and will be the McCarty's home and farm. The remaining five, 2.5 to 2.8 acres, lots will be for sale (lots 2-6). Phase I will provide the required infrastructure for lots 1, 2, and 3. The owners of the development propose to begin construction within 90 days of Final PUD approval, and the anticipated construction will be completed in 120-180 days. The date of approval and time of year will have an impact on the duration of the construction process. Construction will include the infrastructure of Phase I, consisting of roads, grading, drainage, erosion control, potable and fire protection water, storm sewer, telephone, and electric cable will be installed. At this time, it is not expected that Phase I will be staged. The common open space being created during this phase will be maintained by the Home Owners Association. 970695 EXHIBIT "B" Name of Subdivision: Little Thompson Valley Estates, Phase I Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvementssho«n on the final subdivision plat of Subdivision, dated , 19 , Recorded on 19in Book . Page No. , Reception No. the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 7/1/96 Street base Street paving Curbs. gurers. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch imorovements Subsurface drainact Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage water mains Fire hydrants 8/15/96 9/1/96 N/A N/A 7/15/96 N/A 8/15/96 N/A N/A N/A N/A N /A N/A N/A 7/15/96 7/15/96 Survey & street monuments & boxes 6/1/96 Street lighting Street name signs 9/15/96 Fencing recuirements Landscaping 10/1/96 Park improvements Telephone Gas Electric water Transfer Sub -Total N/A N/A N/A 8/1/96 N/A 8/'/96 N/A 11 The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: 19 m:\form\apnvne.db 12 Revised 12/95 • 970695 _ L ndmark ENGINEERING Ltd. April 29, 1996 Project No. MCCK-6D3F-01-713 Kevin McCarty 4026 Niobe Ct. Loveland, CO 80538 Dear Mr. McCarty: At your request we have performed flexible pavement thickness designs for the six lot subdivision, located near the intersection of Weld County Road 42 and Weld County Road 7. More particularly, the parcel of land located on the E1/2 of the SE1/4, Sec. 21, Township 4 North, Range 68 West of the 6th P.M., Weld County Colorado. The scope of this investigation is to provide flexible pavement design options for the proposed 1200' street. Pavement designs have been performed in accordance with AASHTO Guide for Design of Pavement Structures. Three (3) subgrade samples were obtained, field classified and combined revealing a Liquid J .imit of 32, a Plasticity Index of 15 and a Group Index of 8. Using this Group Index a Resilient Modulus (MR) of 5,700 psi was determined from the Soil Support Correlation Table (Appendix B). Using this figure along with an Equivalent Single Axle Load (ESAL) of 36,500, an overall standard deviation (50) of 0.44, a reliability of 70% and a terminal serviceability loss of 2.0, a structural number of 1.93 was calculated. Flexible pavement options are based on Hot Bituminous Pavement (H.B.P.) having an R -value of 95 or better and Aggregate Base Course (A.B.C.) having an R -Value between 70-77. A drainage coefficient (M2) of 1.0 was also used. Our design calculations indicate the proposed street can be paved using the following alternatives: H.P.B. 3" 4.5" A.B.C- Total Section 6" 0" 9" 4.5" Prior to paving the subgrade should be scarified to a depth of 6", moisture conditioned to 2%± of optimum moisture and compacted to at least 95% of maximum standard proctor dry density. Other subgrade preparation and placement of fill recommendations can be found in Appendix A of this report. 3521 West Eisenhower Blvd. Loveland, Colorado 80537 Dale D. Olhausen, P.E. & L.S. President Loveland (970) 667-6286 ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS FAX (970) 667-6298 Denver (303) 629-7124 970695 i Mr. Kevin McCarty Project No. MCCK-6D3F-01-713 April 29, 1996 Page 2 If you have any questions, or if we may be of further assistance, please call our office. Sincerely, Landmark Engineering Ltd. 4 VA Miller Geo'logist LAM/ej pUlpislOdYl inr o °•°� \EV o a O if da� aeas7 ``a Mbda \C` 1'1The above has been reviewed "a dt pp o by Rodney A. Harr, Colorado P.E. 26857. 970695 160760 1 ®Landmark ENGINEERS ARCIy 1TECT5 LTG. [MG we fl$i A(CNR(Cf( I /y xy(f(i 3521 West Eisenhower Blvd .�..(�e,. Loveland, CO. 80537 (303) 667.6286 970695 APPENDIX 'A' Suggested Specifications for Placement of Compacted Earth Fills and/or Backfills. GENERAL A Soils Engineer shall be the owner's representative to supervise and control all compacted fill and/or compacted backfill placed on the project. The soils engineer shall approve all earth materials prior to their use, the methods of placing, and the degree of compaction obtained. A certificate of approval from the soils engineer will be required prior to the owner's final acceptance of the filling operations. PREPARATION OF SUBGRADE All topsoil and vegetation shall be removed to a depth satisfactory to the soils engineer before beginning preparation of the subgrade. The subgrade surface of the area to be filled shall be scarified to a minimum depth of six inches, moistened as necessary, and compacted in a manner specified below for the subsequent layers of fill. Fill shall not be placed on frozen or muddy ground. PLACING FILL No sod, brush, frozen material or other deleterious or unsuitable material shall be placed in the fill. Distribution of material in the fill shall be such as to preclude the formation of lenses of material differing from the surrounding material. The materials shall be delivered to and spread on the fill surface in such a manner as will result in a uniformly compacted fill. Prior to compacting, each layer shall have a maximum thickness of eight inches; and its upper surface shall be approximately horizontal. MOISTURE CONTROL The fill material in each layer, while being compacted, shall as nearly as practical contain the amount of moisture required for optimum compaction; and the moisture shall be uniform throughout the fill. The contractor may be required to add necessary moisture to the backfill material, in the excavation if, in the opinion of the soils engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion of the soils engineer, the material proposed for use in the compacted fill is too wet to allow adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. 970395 COMPACTION When an acceptable, uniform moisture content is obtained, each layer shall be compacted by a method acceptable to the soils engineer and as specified in the foregoing report as determined by the Standard Proctor Test (ASTM 698). Compaction shall be performed by rolling with approved tamping rollers, pneumatic tired rollers, three -wheel rollers, or other approved equipment well suited to the soil being compacted. If a sheepsfoot roller is used, it shall be provided with cleaner bars so attached as to prevent the accumulation of material between the tamper feet. The rollers should be so designed that the effective weight can be increased. MOISTURE DENSITY DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the soils engineer for determination of maximum density and optimum moisture for these materials. Tests for this determination will be made using methods conforming to requirements of ASTM D 698. Copies of the results of these tests will be furnished to the contractor. These test results shall be the basis of control for compaction effort. DENSITY TESTS The density and moisture content of each layer of compacted fill will be determined by the soils engineer in accordance with ASTM D1556, D2167 or D2922. Any material found to not comply with the minimum specified density shall be recompacted until the required density is obtained. The results of all density tests will be furnished to both the owner and the contractor by the soils engineer. 970695 16-33 CIVIL ENGINEERING REFERENCE MANUAL 4th Addition, Michael R. Lindeburg, P.E. 1986 Appendix B: Revised Soil Support Correlations - 90 - 90 - 100 - 10 - 9 - 8 7 0— 8 6 Q n M 5 4 3 2 - 90 - 80 - 70 - 80 - 70 - 60 - 80 - 70 - 60 -V R value (California) - 50 _ 0 c 50 _ 40 - 60 - 50 -40 - 30 —20 — 40 0 — j —30 — 30 — 20 — 20 — 10 — 10 —0 — 0 — 10 -_9 -8 —7 -6 —0 —5 C v -4 a 0 _ 0 —3 —2 —5 40,000 — 30,000 — 20,000 c - 10,000 —9000 7 -'o — 8000 — 7000 — 6000 —10 — 15 - 5000 - 4000 - 20 3000 - 2000 PROFESSIONAL PUBLICATIONS. INC. • P,O. Box 199, San Carlos, CA 94070 870695 Planned Unit Development District Change of Zone Little Thompson Valley Estates, December 1996 Names of owners of property within 1200 feet Name Address State and Zip Code Assessor's Parcel LD. N Koolstra, Wilbert and Phawnreice Marie 2528 E. Highway 56 Berthoud, CO 80513 106121000022 Riverbend Investments, LLC P.O. Box 976 Berthoud, CO 80513 10612100017 Brigham, Dennis H. 2E83 WCR 42 Berthoud, CO 80513 10612100018 Morali, Glenn C. and Carolyn S. 2701 WCR 42 Berthoud, CO 80513 10612100012 Lamb, David P. 1101 N. County Road 19 Berthoud, CO 80513 10612200015 Spadco, Inc. 1795 South Monroe Denver, CO 80209 10612200010 Homung, Richard J. and Irene 4423 South 313 St. Auburn, WA 98001 10612800006 Wilson, Charles, etal 5028 WCR 42 Johnstown, CO 80534 10612700009 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list 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 list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from 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. 970695 " Mineral Owners Union Pacific Land Resources P.O. Box 2500 Broomfield, CO 80020 AFFIDAVIT OF INTEREST OWNERS MINERALS AND SURFACE ESTATE Legal Description: Part of the E/2 of the SE/4 of Sec. 21 , T4N, R68W. STATE OF COLORADO ) ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list 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 list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from 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. 9'70695 Probable Development as of 1999 970695 ELD COUNTY RD *42 9tW95 LIMP f 6 VRS V pD LANDSCAPE PLAN KEVIN MCCARTY FLO COUNTY. COLORADO PICKETT ENGINEERING COMPANY 970695 Hello