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Home My WebLink About951865.tiffINAL PLAT SUBDIVISION APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: (303) 353-6100, Ext. 3540 Fax: (303) 351-0978 FOR PLANNIN DEPARTMENT USE ONLY: CASE NO. ?RS APPLICATION FEE: ZONING NO. £ /15 -`a -e ) RECEIPT NUMBER: DATE /— (y- "f S RECORDING FEE: APPL CHECK BY: (,;/r RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we), the undersigned, hereby request a hearing before the Weld County Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See Attached Sheet If additional space is required, attach an additional sheet of this same size NAME OF PROPOSED SUBDIVISION EXISTING ZONING Estate (E) PROPOSED ZONING Estate (E) TOTAL AREA (ACRES) 115.546 NO. OF PROPOSED LOTS 32 LOT SIZE: AVERAGE 3.4 ± Ac. MINIMUM 2.5 Ac. UTILITIES: WATER: Central Weld County Water District SEWER Individual Lots I.S.D.S. GAS: Greeley Gas Company ELECTRIC Public Service Company DISTRICTS: SCHOOL Weld County No. 6 FIRE Milliken Fire District DESIGNER'S NAME Landmark Engineering Ltd. ADDRESS 3521 W. Eisenhower ENGINEER'S NAME Landmark Engineering Ltd. ADDRESS Loveland, CO 80537 FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Joyce Allely PHONE 330-7429 ADDRESS 17 Dos Rios, Greeley, CO 80634 NAME PHONE Dos Rios Estates Second Filing ADDRESS NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and correct to the best of my knowle ig�r�: Ownneerr or Authorize Subscribed and sworn before me this — day of COUNTY OF WELD ) )ss. STATE OF COLORADO) 1Y COMMISSION EXPIRES OCT. 3L W98 My Commission expires: (— rCa'. ,19 95 Notary Public REVISED: January 1995. c51865 DOS RIOS ESTATES. 2ND FILING FINAL DEVELOPMENT PLAN NARRATIVE The following is a list of responses to application requirements outlined in Section 7.2 of the Weld County Subdivision Ordinance and the Weld County Final Plat Subdivision Procedural Guide. Comment 1 See attached Final Plat Subdivision Application Form. Comment 2 See attached Title Commitment Policy. Comment 3 The project proposes to develop 32 estate size acreage lots ranging in size from 2.5 acres to 5.0 acres. Comment 4 The following is in response to the conditions of approval and other concerns of the Board of County Commissioners Public Hearing of the Preliminary Plan. 1. The use within the subdivision is estate size lots from 2.5 to 5.0 acres consistant with E (Estate). 2. The maximum number of lots is 32. 3. Reference attached letter from Central Weld County Water District for providing domestic water service. 4. Sewer shall be individual septic design systems that will be individually submitted to the Weld County Health Department for approval. Reference attached Geotechnical Investigation. 5. The lots comply with the Milliken Fire Protection District. 951865 6. The lots, streets, easements, setbacks and covenants allow Basin Exploration access and maintenance of their onsite oil and gas wells. 7. The development lies above the 100 -Year flood plain per FEMA Map 080266- 0750C. See attached Final Drainage Report. 8. See attached Road Maintenance Agreement for WCR 296 between Alto Way and 47th Avenue, and on 47th Avenue between WCR's 296 and 52. 9.& 10. The Construction Drawings and Final Drainage Report address the City of Evans concerns regarding drainage into the Evans Ditch. The Construction Drawings present the design and the Final Drainage Report and Geotechnical Investigaation present the data for the Evans Ditch crossings which have been sent to the City of Evans. The City of Evans has approved the crossings and signed off on the Construction Drawings. Also, refer to the applicant's proposed letter agreement with the City of Evans. 11. The contractor under the auspices of the applicant will apply for a utility permit for the storm water culverts under WCR 396 prior to contraction. This is noted on the Construction Drawings and applies to any work within the Weld County right-of-way. 12. Item 12 applies to the Public Service Company (PSCo) and Colorado Interstate Gas Company (CIG). The covenants, plat and constrction drawings have been prepared so that no obstructions are within the PSCo and CIG easements. 13. a&e Pursuant with the August 19, 1994 and August 23, 1994 corespondence from PSCo and CIG respectively and the joint meeting of May 11, 1995, the plat, covenants, construction drawings and Final Drainage Report have been prepared to demonstrate compliance with mutual concerns. The plat has been modified for building envelopes, building setbacks, restriction of secondary buildings and notification of HP gas lines. The covenants have been modified to include PSCo and CIG as homeowner association quasi members, listing and 951865 modification of lot owners, restrictions regarding trees, cover over gas lines, fencing, gates and locks. The construction drawings have been modified for notification during construction, existing and proposed grades of improvements including streets that cross the existing gas lines and PSCo license agreement. The license agreement is required for other utility companies that cross PSCo gas lines. The delimitation agreement and legal description for PSCo is satisfactory. The delimitation agreement and legal description for CIG is in progress. CIG is conducting field work to assure the legal description is coincident with the plat. Any modification to the plat will be made prior to final recording. 13b. The depth of asphalt is shown on the construction drawings and have been modified for clarity in accordance with the Don Carrol's memorandum dated May 31, 1995. The depth of asphalt is based on the Geotechnical Investigation and is in conformance with Weld County standards. 13c. Radii of cul-de-sacs and pavement edge are shown on the plat and construction drawings, and are in accordance with the Weld County Public Works Department memorandum dated August 15, 1994. 13d. Refer to attached Road Maintenance Agreement. 13f. Refer to attached Mr. Pirnie Agreement. 13g. Refer to attached letter regarding wetlands submitted during the preliminary plat process. 14. Other concerns discussed at the Board of County Commissioners Public Hearing of the preliminary plan were equestrian trails, irrigation and offsite farm access road. Refer to attched letter from the applicant. Comment 5 xThe total number of lots in Dos Rios Estates Filing 2 is 32 estate sized lots. The lots proposed for development under Phase 1 are Lots 1 through 8, Block 4. The 951865 associated improvements for Phase 1 include telephone, gas, electrical, street grading and paving of Granjero Road, Arado Way and Porte Viejo Lane. The sign, culverts, reseeding road swales and straw bale dikes for these streets will be included with Phase 1. The onsite water mains and fire hydrants to serve these lots and the offsite water main will be constructed in Phase 1. These improvements are enumerated in the Subdivision Improvements Agreement. Comment 6 & 7 All interior roads within the proposed development have a "local" street classification in a 60 foot right-of-way. No other street classification is necessary for the interior roads. The section will have two 11 foot drive lanes and 3 foot shoulders with 2.0% minimum cross slopes and "V" roadside ditches. The roadside ditch will have 4:1 sideslopes with depths that vary from 1 foot minimum to 2 foot maximum. No on street parking, curb and gutter, street sidewalks or valley pans are proposed. A minimum of 2 parking spaces shall be provided on each individual residential lot. Minimum 15 inch driveway culverts are planned, sized to convey the 10 year storm event. Several cul-de-sacs are planned. They will have 65 foot radius right-of-way turnarounds with a 50 foot pavement edge radius. Pavement section will be constructed of hot bituminous pavement (4" for Vaquero Trail and Pajaro Way, 3" all other streets) on a prepared subbase in accordance with Section 10.3 of the Weld County Subdivision Ordinance (1992). An asphaltic pavement design was conducted in accordance with the AASHTO design procedure based on soils data and the design traffic information. The results are presented in the Geotechnical Investigation and street sections presented in the construction drawings. Comments 8 & 9 Not applicable to this subdivision. 951865 ' Comment 10, 11 and 31 There is an existing 3 inch potable waterline that crosses the property beginning at the Alto Way/Compo Road intersection, East across the property to 47th Avenue, North along 47th Avenue to County Road 52 (49th Street). The existing watermain is owned by the Central Weld County Water District. The water district was duly organized and began operation in the early 1960's. The water district provides potable water service to a large rural area generally South of Greeley and some towns in Weld County. The water source is from Carter Lake. Carter Lake is a part of the Colorado Big Thompson Water Project which is managed and operated by the Northern Colorado Water Conservancy District. Major facilities include a water treatment plant at Carter Lake, storage tanks, transmission mains and distribution mains. A 6 inch water line is planned to replace a portion of the existing 3 inch water line through the proposed development from the Alto Way/Compo Road intersection to the County Road 52/47th Avenue intersection. The 6" water line will be extended from the County Road 52/47th Avenue intersection East along County Road 52, approximately one mile and connect to an existing water district 6 inch water line. In addition, 6 inch and 4 inch water lines and fire hydrants are planned within the development to ensure potable water service and fire protection to all lots. The water requirements are shown on the following table: Taps (residential dwelling) 32 Lots Average Usage 381 Gal/Day/Tap Total Water Required 12,192 Gal/Day Fire Protection (at hydrant) 500 Gal/Min Based On: 1. 2. 3. Max Day Usage = 1143 Gal/Day/Tap as reported from water district Max Day to Average Day Ratio = 3 One Residence/Lot The water system plan has been reviewed with Mr. John Zadel, Manager for the 951865 Central Weld County Water District. The water district can provide potable water and fire protection to the proposed development within the limits of the system and is amenable to the water system plan. The water system and meters will be installed in accordance with the water district's standard and extension policies. Taps for each residence within the proposed development will be purchased in accordance with water district's policy. A portion of the tap fee is used by the water district to purchase water rights in the Colorado - Big Thompson Water Project. Comment 12 See attached letter of service from the Central Weld County Water District. Comment 13 and 32 The proposed sewer system for the development is individual lot sewage disposal systems. The property is not in a defined unsuitable area and there are no existing septic systems within the property. There are no public sewer systems within 400 feet of the proposed development. The nearest communities with sewage collection systems and sewage treatment works are the City's of Greeley and Evans approximately 2 miles from the property. It is planned that the ISDS will be typical consisting of a septic tank distribution box and an absorption bed. No experimental or new type systems are proposed. Less than 25% of the lots (ie 8) will have evapotranpiration systems. There are no potable water wells or other water wells on the property. The ISDS will not exceed 25% of the lot area (e.g. 25% x 2.5 acre minimum lot area = 27,225 s.f.). La percolation tests and an ISDS design will be submitted to the Environmental Health Services section of the Weld County Health Department for review, approval and permitting prior to constructing each residence. The design and installation will e in accordance with the Weld County ISDS regulations. The ISDS permit will be finalized within one year of the application date. Index percolation testing was conducted and the results presented in the Geotechnical Investigation report. The results indicate there are no apparent constraints on the site regarding standard ISDS. 951865 Comment 14 Not applicable to this subdivision. Comment 15 See letter from Colorado Geological Survey. Comment 16 See attached Covenants. Comment 17 Not applicable to this subdivision. Comment 18 See proposed Road Maintenance Agreement. Comment 19 See attached Final Drainage Report. A Final Drainage Report has been prepared in accordance with Section 10.12 and 10.13 of the Weld County Subdivision Ordinance and included with this Final Plan application. The basic drainage concepts are: a. No detention facilities are necessary for the development site due to the close proximity to the Big Thompson River and the South Platte River. The rivers converge immediately South of the project. The project lies above the FEMA 100 -Year flood plain. b. Offsite contributory areas will release runoff at the 5 -Year undeveloped rate. c. A pipe system over and across the Evans Town Ditch to eliminate the present runoff discharges into the ditch from most of the offsite and onsite contributory area. The pipe system is sized to convey the offsite 5 -Year undeveloped and the onsite 100 -Year developed runoff rates. 951865 d. Drainage facilities through the property are sized to convey the offsite 100 -Year undeveloped and the onsite 100 -Year developed runoff rates. The drainage facilities include the street section, roadside V ditch and a conveyance system for the immediate offsite runoff. Comment 20 Erosion control requirements have been incorporated into the construction drawings. Comment 21 Not applicable to this subdivision. Comment 22 Not applicable to this subdivision. Comment 23 See attached Subdivision Improvement Agreement. Comment 24 The subdivision road plans are an integral part of the construction drawings. The construction drawings have been prepared by a Colorado professional engineer and will be sealed upon approval of all applicable agencies and Colorado law. Subitem A, B, and D are shown on the construction drawings. Subitem C, typical road section, is shown on the construction drawings and is based on the soils data presented in the Geotechnical Investigation reqport and the design traffic nformation. Subitem E, cost estimate, is shown as part of the Subdivision Improvements Agreement. Subitem F, County Engineers review comments are presented in Don Carroll's memorandum dated May 31, 1995. An original drainage report (ie the record copy) has been signed and stamped by a Colorado professional engineer. The construction drawings have been modified for the straw bale dikes, silting and clogging of culverts and outlets, coordination of inlet structures and rip -rap with the Weld County Public Works Department and requirements for obtaining a Weld County Utility Permit. 951865 The Typical Roadway Section in the construction drawings has been modified for clarity. The Road Maintenance Agreement is submitted with this application material. Comment 25 See attached County Treasurers Tax Certificate. Comment 26 Not applicable to this subdivision. Comment 27 See attached list of adjacent property owners within 500 feet of property and affidavit. Comment 28 See attached list of mineral owners and lessees of mineral owners and affidavit. Comment 29 The final plan as designed is in compliance with the 1992 copy of the Weld County Comprehensive Plan. Comment 30 Comments received from referral agencies at the time of this submittal regarding the preliminary plat have been addressed. Comment 33 Streets with the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the proposed subdivision. Comment 34 Offsite street or highway facilities providing access to the proposed subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the proposed subdivision. 951865 Comment 35 Facilities providing drainage and stormwater management are adequate based on the Final Drainage Report. Comment 36 The project as proposed is not perceived to cause an unreasonable burden on current Weld County services including municipal government, fire protection, police protection, hospital services or the Central Weld County Water District. Comment 37 "Land Development Air Pollution Emission Notice -and -Application for Emission Permit" and "Fugitive Dust Control Plan for Land Developments (refer to attached copies) have been submitted to the Air Pollution Control Division of the Colorado Department of Health and Evnironment. Comment 38 The proposed subdivision conforms to the Subdivision Design Standards of Section 10 of the Weld County Subdivision Ordinance. Comment 39 The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. 951865 1 COMMITMENT FOR TITLE INSURANCE UNITED GENERAL TITLE INSURANCE COMPANY United General Title Insurance Company, a Louisiana Corporation, herein called the Company, for a 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 charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereto. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies commited for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies commited for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault of the Company. In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this instrument, including Commitment, Conditions and Stipulation attached, to become valid when Schedule A and Schedule B have been attached hereto. UNITED GENERAL TITLE INSURANCE COMPANY 21,,/ uthen4 President Countersigned 791r; Authorized O er or Agent This policy valid only if Schedules A and B are attached ALTA Commitment. I%6 !ICI Form 150A Secretary 951865 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 acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to 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 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 (a) to comply with the requirements hereof, or (b)to eliminated exceptions shown in Schedule B, or (c) to acquire or create 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, 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 are made a part ofthis Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. 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 prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed bylaw and not shown by the public records. 3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area or content, party walls and/ or other factswhicha correct survey and/or a physical inspection of the premises would disclose. 4. Rights or claims of parties in possession not shown in the public records. 5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy shall contain an additional exception which shall read as follow: Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the Insured (and payment of the proper charges therefore), the Company's agent or approved attorney will search the public records subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the insured. 951865 THIS COMMITMENT IS ISSUED IN LIEU OF WELD COUNTY TITLE COMPANY'S COMMITMENT NO. UN30739 WHICH IS HEREBY CANCELLED. COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE A 1. Effective Date: FEBRUARY 15, 1995 @ 7:00 A. M. RE: Our Order No.: UN30739A 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: TO BE AGREED UPON B. ALTA Loan Policy Proposed Insured: C. ALTA Loan Policy Proposed Insured: Amount $ TO BE AGREED UPON Amount $ Amount $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: JOYCE J. ALLELY AKA JOYCE ALLELY 4. The land referred to in this Commitment is described as follows: '"SEE SCHEDULE A CONTINUED" 951865 COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE A "CONTINUED" RE: Our Order No.: UN30739A A PORTION OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 34 AS BEARING SOUTH 88°40'00" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE ALONG THE EAST LINE OF SAID SECTION 34 SOUTH 04°15'36" EAST 1866.28 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK 630, UNDER RECEPTION NO. 1551902, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 74°04'36" WEST 1103.11 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK 1211, UNDER RECEPTION NO. 2157580, RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE SOUTH 22°00'30" EAST 686.70 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 396; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE COURSES AND DISTANCES; SOUTH 50°37'27" WEST 105.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF 19°15'48" AND A RADIUS OF 270.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 90.78 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 69°53'15" WEST 419.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF 21°48'34" AND A RADIUS OF 270.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 102.77 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE NORTH 88°18'11" WEST 1105.25 FEET TO A POINT ON THE EASTERLY LINE OF DOS RIOS ESTATES ACCORDING TO THE PLAT ON FILE IN THE OFFICE OF THE CLERK AND RECORDER, RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING FIVE COURSES AND DISTANCES; NORTH 02°08'50" EAST 60.00 FEET; THENCE NORTH 87°51'10" WEST 110.07 FEET; THENCE NORTH 06°33'29" WEST 1167.61 FEET; THENCE SOUTH 88°29'04" EAST 783.80 FEET; THENCE NORTH 01°32'33" EAST 599.91 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 88°19'23" EAST 603.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 NORTH 03°57'20" WEST 1289.48 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 34; THENCE ALONG SAID NORTHERLY LINE SOUTH 88°40'00" EAST 1352.03 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE WESTERN SLOPE GAS COMPANY BY DEED RECORDED AUGUST 3, 1971 IN BOOK 651 AS RECEPTION NO. 1572571 DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTEROFSECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M. IN THE COUNTY OF WELD, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34, THENCE ALONG THE NORTH LINE OF SAID SECTION 34 WEST 1302.18 FEET; THENCE SOUTH 5°09'50" EAST 30.12 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING ALONG THE SOUTHERLY LINE OF AN EXISTING COUNTY ROAD; THENCE SOUTH ° 5°09'50" EAST 100.00 FEET; THENCE WEST 50.00 FEET; THENCE NORTH 509'50" WEST 100.00 FEET TO THE SOUTH LINE OF SAID COUNTY ROAD; THENCE ALONG SAID SOUTH LINE EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING. 951865 COMMITMENT FOR TITLE INSURANCE * • * * * SCHEDULE B Section 1 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: RE: Our Order No.: UN30739A 1. Re-recording of the Deed recorded December 13, 1994 in Book 1471 as Reception No. 2418933 between Dos Rios, Inc., and Joyce J. Allely. This re-recording is necessary to correct the notary acknowledgment to read Joyce J. Allely as President of Dos Rios, Inc., a Colorado Corporation. This correction should be done by the notary Debra A. Adams. 2. Warranty Deed from JOYCE J. ALLELY AKA JOYCE ALLELY to Grantees to be Agreed Upon conveying the land described herein. 3. Dollar amount of Policy coverage must be provided to the Company. 4. The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to approval by the Company, entered as the amount of the policy to be issued. Until the amount of the policy to be issued shall be determined and entered as aforesaid, it is agreed that as between the Company, the applicant for this commitment, and every person relying on this commitment, the Company cannot be required to approve any such evaluation in excess of $100,000.00, and the total liability of the Company on account of this commitment shall not exceed said amount. 5. Partial Release Deed of Trust from JOYCE J. ALLELY AKA JOYCE ALLELY to the Public Trustee for the use of THE FARM CREDIT BANK OF WICHITA, in the amount of $123,000.00, dated SEPTEMBER 27, 1988 and recorded SEPTEMBER 27, 1988 in BOOK 1211 as RECEPTION NO. 2157580, for the land described herein. 6. Partial Release Deed of Trust from JOYCE J. ALLELY AKA JOYCE ALLELY to the Public Trustee for the use of UNION COLONY BANK, in the amount of $35,000.00, dated APRIL 13, 1992 and recorded APRIL 23, 1992 in BOOK 1333 as RECEPTION NO. 2285512, for the land described herein. 2 CONTINUED NEXT PAGE 951865 B-1 CONTINUED UN30739A The following information is -disclosed pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987, Repl. Vol: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICT MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 3 951865 COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No.: UN30739A EXCEPTIONS: The policy or policies to be issued will contain exceptions for 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 prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; and exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1995, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Rights of way and easements as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 8. Right of way for COUNTY ROADS 30 feet wide on either side of section and township lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273. 9. Reservation as contained in Patent recorded MARCH 3, 1890 in BOOK 51 at PAGE 118, Affecting S 1/2 NW 1/4 of Section 34, said reservation being as follows: Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. 10. Reservation as contained in Patent recorded OCTOBER 6, 1897 in BOOK 131 at PAGE 15, Affecting S 1/2 of Section 34, said reservation being as follows: CONTINUED NEXT PAGE 951865 B-2 CONTINUED UN30739A Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. 11. Reservation as contained in Patent recorded FEBRUARY 15, 1908 in BOOK 132 at PAGE 196, Affecting W 1/2 NE 1/4 and N 1/2 NW 1/4 of Section 34, said reservation being as follows: a. Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. b. Right of way for ditches and canals constructed by the authority of the United States. 12. Terms, conditions and provisions of an AGREEMENT, between THE TOWN OF EVANS and FREDERICK CLAYCOMB recorded MAY 7, 1892 in BOOK 106 at PAGE 307. Affects Section 34. 13. Terms, conditions and provisions of an AGREEMENT, between THE TOWN OF EVANS and S. W. MORRISON recorded JULY 18, 1895 in BOOK 121 at PAGE 556. Affects Section 34. 14. Except a strip of land conveyed to the Town of Evans for a ditch right of way by Deed recorded OCTOBER 8, 1902 in BOOK 163 at PAGE 254 described as follows: A strip of land 50 feet wide as a right of way through the SW 1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M.; Also through the N 1/2 of Section 35, Township 5 North, Range 66 West of the 6th P.M., for what is known as per plat the Evans Town Ditch now constructed and maintained by the Town of Evans. 15. Terms, conditions and provisions of an Agreement between Charles Rehmer, Josef T. Borjeson and The First National Bank of Greeley, Colorado for the construction and maintenance of an underground tile drainage system recorded JUNE 5, 1924 in BOOK 715 at PAGE 442. (Affects SW 1/4 NE 1/4 of Section 34) CONTINUED NEXT PAGE 5 951865 B-2 CONTINUED UN30739A 16. Right of way for ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE purposes as granted to PUBLIC SERVICE COMPANY by instrument recorded FEBRUARY 18, 1942 in BOOK 1090 at PAGE 338, said right of way being over and across the N 1/2 of SE 1/4 E 1/2 of NE 1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, which right of way is more particularly described as follows: A right of way 37.5 feet each side of a center line described as follows: Beginning at a point on the South line of the N 1/2 of the SE 1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., thence the Southwest corn0er of said N 1/2 of the SE 1/4 lies Westerly 96.5 feet, more or less. Thence North 4 22' East 842 feet more or less. thence North 57°04' East 957 feet more or less to intersect the North line of the N 1/2 of the SE 1/4, 1012.4 feet more or less to intersect the West line of said Section 34 at a point whence the E 1/4 corner of said Section 34 lies Southerly 556 feet more or less. Thence North 57°04' East 872 feet more or less. Thence North 72°45' East 5562.2 feet more or less. Thence North 63°36' East 1444 feet more or less to intersect the North line of Section 34, Township 5 North, Range 66 West of the 6th P.M. at a point whence the Northeast corner of said Section 35 lies Easterly 21.6 feet more or less and over and across the S 1/2 of SE 1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, which right of way is more particularly described as follows: A right of way 37.5 feet each side of a center line described as follows: Beginning at a point on the South line of Section 34, Township 5 North, Range 66 West of the 6th P.M., whence the S 1/4 corner of said Section 34 lies Westerly 678 feet more or less. thence North 26°13' East 757.5 feet more or less. Thence North 4 ° 22' East 679 feet more or less to a point on the North line of said S 1/2 of SE 1/4 of Section 34 whence the Northwest corner of said S 1/2 of SE 1/4 of Section 34 lies Westerly 960.5 feet more or less. 17. Reservation of all oil, gas and other minerals therein or thereunder as reserved in instrument from WELD COUNTY to RICHARD C. PIRNIE AND NELLIE M. PIRNIE recorded JUNE 5, 1944 in BOOK 1135 at PAGE 126. (AFFECTS A 100 FOOT STRIP THROUGH SECTION 34). 18. Right of way for PIPELINE purposes as granted to COLORADO -WYOMING GAS COMPANY by instrument recorded JUNE 25, 1947 in BOOK 1206 AT PAGE 422, said right of way not being specifically defined. 19. Right of way for PIPELINE purposes as granted to COLORADO INTERSTATE GAS COMPANY by instrument recorded JULY 11, 1955 in BOOK 1424 AT PAGE 59, said right of way not being specifically defined. 20. Reservation of EXCEPTING AND RESERVING, HOWEVER, UNTO GRANTORS HEREIN, THEIR HEIRS AND ASSIGNS, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS, AND MINERAL RIGHTS THAT MAY BE FOUND WITHIN OR UNDERLYING SAID PREMISES, TOGETHER WITH THE RIGHT TO RECEIVE GRANTORS' PROPORTIONATE SHARE OF ANY BONUS OR DELAY RENTAL MONIES PAID FOR THE LEASING OF SAID LANDS, AND TOGETHER WITH THE RIGHT OF INGRESS, REGRESS AND EGRESS TO DRILL AND PROSPECT FOR THE SAME as contained in instrument from RICHARD C. PIRNIE AND NELLIE M. PIRNIE recorded FEBRUARY 16, 1956 in BOOK 1442 AT PAGE 646, and any interests therein, assignments, or conveyances thereof. CONTINUED NEXT PAGE - 6 951865 B-2 CONTINUED UN30739A 21. Reservation of EXCEPTING AND RESERVING, HOWEVER, UNTO GRANTORS HEREIN, THEIR HEIRS AND ASSIGNS, AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS, AND MINERAL RIGHTS THAT MAY BE FOUND WITHIN OR UNDERLYING SAID PREMISES, TOGETHER WITH THE RIGHT TO RECEIVE GRANTORS' PROPORTIONATE SHARE OF ANY BONUS OR DELAY RENTAL MONIES TO BE PAID FOR THE LEASING OF SAID LANDS, AND TOGETHER WITH THE RIGHT OF INGRESS, REGRESS AND EGRESS TO DRILL, PROSPECT FOR AND REMOVE THE SAME as contained in instrument from GEORGE DE L. EMERY AND THEO S. EMERY recorded APRIL 17, 1959 in BOOK 1529 AT PAGE 364, and any interests therein, assignments, or conveyances thereof. 22. Reservation of EXCEPT AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, AND OTHER MINERALS, AND MINERAL RIGHTS THAT MAY BE FOUND WITHIN OR UNDERLYING SAID PREMISES, TOGETHER WITH THE RIGHT TO RECEIVE GRANTORS' PROPORTIONATE SHARE OF ANY BONUS OR DELAY RENTAL MONIES TO BE PAID FOR THE LEASING OF SAID LANDS, AND TOGETHER WITH THE RIGHT OF INGRESS, REGRESS AND EGRESS TO DRILL, PROSPECT FOR AND REMOVE THE SAME as contained in instrument from EDWIN C. PIRNIE AND GERTRUDE M. PIRNIE recorded NOVEMBER 8, 1961 in BOOK 1599 AT PAGE 57, and any interests therein, assignments, or conveyances thereof. 23. Right of way for ELECTRIC TRANSMISSION, DISTRIBUTION AND SERVICE LINE purposes as granted to HOME LIGHT AND POWER COMPANY by instrument recorded AUGUST 30, 1963 in BOOK 488 AS RECEPTION NO. 1416007, said right of way being OVER OR ACROSS THE NE 1/4 OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, THE APPROXIMATE CENTER LINE OF WHICH RIGHT OF WAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 34 TO BEAR NORTH 88O40'00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 88O40'00" WEST A DISTANCE OF 1352.03 FEET; THENCE SOUTH 03°58'20" EAST A DISTANCE 1290.58 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 88O26'50" WEST A DISTANCE OF 606.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22O30'50" EAST A DISTANCE OF 839.10 FEET. 24. Right of way for ELECTRIC TRANSMISSION, DISTRIBUTION AND SERVICE LINES purposes as granted to HOME LIGHT AND POWER COMPANY by instrument recorded AUGUST 30, 1963 in BOOK 488 AS RECEPTION NO. 1416008, said right of way being OVER OR ACROSS THE NORTH 1/2 OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO, THE APPROXIMATE CENTER LINE OF WHICH RIGHT OF WAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 34 TO BEAR NORTH 8840'00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 88O40'00" WEST A DISTANCE OF 1352.03 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 03O58'20" EAST A DISTANCE OF 1305.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88O26'50" WEST A DISTANCE OF 4128.63 FEET, TO A POINT ON THE WEST BOUNDARY OF SAID SECTION 34, 15 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34. 25. Terms, conditions and provisions of AGREEMENT, between TOWN OF EVANS and DOS RIOS, INC. recorded OCTOBER 2, 1967 in BOOK 586 as RECEPTION NO. 1508374. CONTINUED NEXT PAGE 7 951865 B-2 CONTINUED UN30739A 26. Right-of-way easement and Agreement for WATER TRANSMISSION OR DISTRIBUTION LINE purposes as granted to CENTRAL WELD COUNTY WATER DISTRICT by instrument recorded JANUARY 29, 1968 in BOOK 590 AS RECEPTION NO. 1512489, said right-of-way easement being A 20 FOOT WIDE PERMANENT EASEMENT, THE SIDELINES OF WHICH ARE 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, THE SIDELINES OF WHICH TO BE PROLONGED OR FORESHORTENED SO AS TO TERMINATED ON THE BOUNDARY LINES OF THE GRANTOR; ALSO AN EASEMENT FOR THE DURATION OF PIPE LINE CONSTRUCTION ONLY, 50 FEET WIDE, THE NORTH SIDELINE OF WHICH SHALL LIE ON THE NORTH SIDELINE OF SAID PERMANENT EASEMENT. BASIS OF BEARING: CONSIDERING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34 TO BEAR NORTH 88O40'00" WEST AND THE EAST LINE OF THE NE 1/4 OF SECTION 34 TO BEAR SOUTH 06O07'00" EAST. BOTH BEARINGS ARE TAKEN FROM RECORDED PLATS OF DOS RIOS ESTATES AND INDIAN HILLS SUBDIVISIONS IN WELD COUNTY, COLORADO. COMMENCING AT THE NE CORNER OF SAID SECTION 34; THENCE NORTH 89°38'00" EAST 50.25 FEET; THENCE SOUTH 06O07'00" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF 47TH AVENUE. SAID RIGHT-OF-WAY ALSO LIES 50 FEET EAST AND PARALLEL TO THE EAST LINE OF NW 1/4 OF SAID SECTION 34, A DISTANCE OF 1665.68 FEET; THENCE SOUTH 77O28'32" WEST 80.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77O28'32" WEST 2830.18 FEET TO THE TERMINATING POINT OF THIS EASEMENT, SAID TERMINATING POINT LYING ON THE EAST BOUNDARY LINE OF DOS RIOS ESTATES. 27. Right of way for ELECTRIC TRANSMISSION, DISTRIBUTION AND SERVICE LINE purposes as granted to HOME LIGHT AND POWER COMPANY by instrument recorded MAY 3, 1972 in BOOK 667 as RECEPTION NO. 1588902, said right of way being over or across the NE 1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, the approximate center line of which right of way is more particularly described as follows: Commencing at the Northeast Corner of said Section, thence West 31 feet on the Section line, thence South parallel to the East Section line a distance of 30 feet to the True Point of Beginning; thence, a line in a Southerly direction, 1,866 feet to a point 65 feet West of the East boundary of said Section. 28. Oil and Gas Lease from DOS RIOS, INCORPORATED, A COLORADO CORPORATION to TRANSCONTINENT OIL COMPANY, recorded OCTOBER 14, 1981 in BOOK 950 as RECEPTION NO. 1871736„ and any interests therein, assignments, or conveyances thereof. 29. Oil and Gas Lease from DOS RIOS, INC., A COLORADO CORPORATION to AEON ENERGY CO., recorded NOVEMBER 12, 1981 in BOOK 952 as RECEPTION NO. 1874221, and any interests therein, assignments or conveyances thereof. Said Lease extended by AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASES recorded JUNE 25, 1986 in BOOK 1117 as RECEPTION NO. 2058549, AND BY AFFIDAVIT RECORDED AUGUST 2, 1993 IN BOOK 1395 AS RECEPTION NO. 2344154 AND BY AFFIDAVIT RECORDED SEPTEMBER 10, 1993 IN BOOK 1401 AS RECEPTION NO. 2349833. CONTINUED NEXT PAGE - 8 - 951865 B-2 CONTINUED UN30739A 30. Oil and Gas Lease from DOS RIOS, INC., A COLORADO CORPORATION to NORDIC PETROLEUMS, INC., recorded DECEMBER 22, 1982 in BOOK 984 as RECEPTION NO. 1912260, and any interests therein, assignments or conveyances thereof. Affidavit to Lease recorded DECEMBER 22, 1982, in BOOK 984 as RECEPTION NO. 1912261, CORRECTION AFFIDAVIT recorded MARCH 18, 1986 in BOOK 1106 as RECEPTION NO. 2046670, CORRECTION AFFIDAVIT recorded OCTOBER 24, 1986 in BOOK 1132 as RECEPTION NO. 2074583 and AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASES recorded AUGUST 6, 1986 in BOOK 1122 as RECEPTION NO. 2063865, AFFIDAVIT OF PRODUCTION RECORDED JUNE 3 1993 in BOOK 1385 as RECEPTION NO. 2335371, AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASE RECORDED SEPTEMBER 10, 1993 in BOOK 1401 as RECEPTION NO. 2349833. 31. Right-of-way easement for PIPELINE purposes as granted to NATURAL GAS ASSOCIATES INC., A DELAWARE CORPORATION by instrument recorded JUNE 2, 1986 in BOOK 1114 as RECEPTION NO. 2055524, said right-of-way easement not being specifically defined. 32. Right-of-way easement and Agreement for GAS PIPELINE purposes as granted to COLORADO INTERSTATE GAS COMPANY, A DELAWARE CORPORATION by instrument recorded JUNE 25, 1987 in BOOK 1161 AS RECEPTION NO. 2104911, said right-of-way easement being A TRACT OF LAND, 100 FEET BY 100 FEET, IN THE NORTHEAST QUARTER NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 34, TOWNSHIP 5 NORTH, 9 RANGE 66 WEST, WHICH POINT OF BEGINNING BEARS SOUTH 854'04" WEST 1200.22 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 34; THENCE TRAVERSING SOUTH 3°34'31" EAST 100 FEET TO A POINT; THENCE NORTH 88°40'00" WEST 100 FEET TO A POINT; THENCE NORTH 3°34'31" WEST 100 FEET TO A POINT; THENCE SOUTH 88°40'00" EAST 100 FEET TO THE POINT OF BEGINNING, AND THE NORTHEAST QUARTER NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST, WELD COUNTY, COLORADO, THE CENTERLINE OF SAID RIGHT OF WAY AND EASEMENT, FIFTY FEET IN WIDTH, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST, WELD COUNTY, COLORADO, WHICH POINT BEARS SOUTH 88°27'41" WEST 1097.75 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 34, THENCE, WITH AND ALONG THE CENTERLINE OF SAID RIGHT OF WAY AND EASEMENT, 50 FEET IN WIDTH, NORTH 88°40'00" -WEST 100.13 FEET TO THE POINT OF TERMINATION ON THE EAST PROPERTY LINE OF THE ABOVE DESCRIBED METER STATION SITE, WHICH POINT BEARS SOUTH 88°42'05" EAST 1197.77 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST. 33. Oil and Gas Lease from DOS RIOS, INC., A COLORADO CORPORATION to H & C COLTON COMPANY, recorded DECEMBER 11, 1987 in BOOK 1179 as RECEPTION NO. 2124534, and any interests therein, assignments or conveyances thereof. Said Lease extended by EXTENSION OF OIL AND GAS LEASE recorded DECEMBER 13, 1988 in BOOK 1218 as RECEPTION NO. 2164910, AND BY AFFIDAVIT RECORDED AUGUST 2, 1993 IN BOOK 1395 AS RECEPTION NO. 2344154. CONTINUED NEXT PAGE 9 951865 B-2 CONTINUED UN30739A 34. Right-of-way easement and Agreement for PIPELINE purposes as granted to ASSOCIATED NATURAL GAS, INC. A COLORADO CORPORATION by instrument recorded JANUARY 5, 1988 in BOOK 1181 AS RECEPTION NO. 2126844, said right-of-way easement being A TRACT OF LAND LYING IN SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 34, TO BEAR SOUTH 88°40'00" EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE SOUTH 04°16'10" EAST ALONG THE EAST LINE OF SAID SECTION 34 A DISTANCE OF 4,050.35 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 85°56'10" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34 A DISTANCE OF 2,645.59 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE SOUTH 05°30'00" WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 1,382.67 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 34; THENCE NORTH 85°54'30" WEST ALONG THE SOUTH LINE OF SECTION 34 A DISTANCE OF 1,344.02 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE NORTH 02°22'40" WEST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 1,861.90 FEET TO THE CENTERLINE OF AN EXISTING COUNTY ROAD; THENCE SOUTH 81°48'10" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD A DISTANCE OF 1,513.50 FEET TO THE WEST LINE OF SAID SECTION 34; THENCE NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID SECTION 34 A DISTANCE OF 2,342.95 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE CONTINUING NORTH 00000'00" EAST ALONG THE WEST LINE OF SAID SECTION 34 A DISTANCE OF 300.00 FEET; THENCE SOUTH 50°45'20" EAST A DISTANCE OF 490.48 FEET TO A POINT ON THE NORTH LINE, OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34; SAID POINT LYING 380.00 FEET EASTERLY FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE SOUTH 88o26'50" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER AND NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 3,748.63 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 03°58'20" WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 1,290.50 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 34, SAID POINT BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 85°40'00" EAST ALONG THE NORTH LINE OF SAID SECTION 34 A DISTANCE OF 1,352.03 FEET TO THE POINT OF BEGINNING; EXCEPTING AND RESERVING A TRACT OF LAND LYING IN SECTION 34, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SECTION 34 TO BEAR SOUTH 88040'00" EAST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE SOUTH 04°16'10" EAST ALONG THE EAST LINE OF SAID SECTION 34 A DISTANCE OF 1,846.25 FEET; THENCE SOUTH 23°41'20" WEST 214.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 40°50'50" WEST 373.80 FEET; THENCE SOUTH 47°52'40" WEST 650.20 FEET; THENCE NORTH 22°00'30" WEST 661.09 FEET; THENCE NORTH 76°47'50" EAST 459.93 FEET; THENCE NORTH 89°54'10" EAST 526.71 FEET TO THE TRUE POINT OF BEGINNING; AND FURTHER EXCEPTING A PARCEL FORMERLY PLATTED AS DOS RIOS ESTATES, A SUBDIVISION IN WELD COUNTY, COLORADO. 35. Mineral Deed from DOS RIOS, INC., A COLORADO CORPORATION to EDWIN C. PIRNIE conveying ONE -SIXTEENTH INTEREST of oil, gas, and other minerals in and under subject property, recorded FEBRUARY 16, 1989 in BOOK 1224 as RECEPTION NO. 2171079. CONTINUED NEXT PAGE - 10 - 951865 8-2 CONTINUED UN30739A 36. Right of way for EVANS SEEPAGE DITCH NO. 1 as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 37. Right of way for EVANS DITCH NO. 2 as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 38. Right of way for HENTCHEL DITCH as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 39. Right of way for FOX DITCH as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 40. Except Right of Way for Highway No. 396 as it affects subject property. 41. The following notices have been recorded -with the Clerk and Recorder of Weld County pursuant to CRS 9-1.5-103(1). These instruments do not define the exact location of the underground facilities and may or may not affect the subject property: NOTICES BOOK RECEPTION NO. A) MOUNTAIN BELL 949 1870705 B) PANHANDLE EASTERN PIPELINE 949 1870756 C) UNION RURAL ELECTRIC 949 1871004 D) GREELEY GAS COMPANY 951 1872940 E) PUBLIC SERVICE 952 1874084 F) WESTERN SLOPE GAS 990 1919757 G) ASSOCIATED NATURAL GAS 1037 1974810 H) COLORADO INTERSTATE GAS 1041 1979784 I) ASSOCIATED NATURAL GAS, INC. 1110 2050953 J) PANHANDLE EASTERN PIPELINE 1117 2058722 K) ASSOCIATED NATURAL GAS, INC. 1187 2132709 L) ST. VRAIN SANITATION DISTRICT 1218 2164975 M) ASSOCIATED NATURAL GAS, INC. 1229 2175917 N) UNITED POWER, INC., FORMERLY UNION RURAL ELECTRIC ASSOCIATION, INC. 1288 2239296 42. Right of way for HEATH SEEPAGE as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same:may affect subject property. 43. Right-of-way easement for PIPELINE purposes as granted to ASSOCIATED NATURAL GAS, INC., A COLORADO CORPORATION by instrument recorded JUNE 22, 1992 in BOOK 1340 AS RECEPTION NO. 2292631, said right-of-way easement not being specifically defined. CONTINUED NEXT PAGE 951865 B-2 CONTINUED UN30739A 44. Right-of-way easement and Agreement for PIPE LINE purposes as granted to COLORADO INTERSTATE GAS COMPANY by instrument recorded SEPTEMBER 9, 1994 in BOOK 1458 as RECEPTION NO. 2406014, said right-of-way easement being a tract of land located in the NE1/4 NE1/4 of Section 34, Township 5 North, Range 66 West, Weld County, Colorado, the centerline of said right of way and easement, 50 feet in width, described as follows: Beginning at a point in the NE1/4 NE1/4 of Section 34, Township 5 North, Range 66 West, Weld County, Colorado, which point bears South 87°40'53" West a distance of 1077.28 feet from the NE corner of Section 34; thence, with and along the centerline of said right of way and easement, 50 feet in width, South 81°22'13" West a distance of 33.60 feet to a point; thence South 88°11'36" West a distance of 89.65 feet to the point of termination on the East property line of CIG'S Big Thompson Meter Station, located in the NE1/4 NE1/4 of Section 34, Township 5 North, Range 66 West, Weld County, Colorado. 45. Right of way for PIPELINE purposes as granted to ASSOCIATED NATURAL GAS, INC., A COLORADO CORPORATION by instrument recorded NOVEMBER 23, 1994 in BOOK 1468 AS RECEPTION NO. 2416508, said right of way not being specifically defined. 46. Terms, conditions and provisions of AGREEMENT, between BASIN EXPLORATION, INC. and JOYCE J. ALLELY recorded JANUARY 24, 1995 in BOOK 1477 as RECEPTION NO. 2424009. 47. Oil and Gas Lease from JOYCE L. ALLELY AKA JOYCE J. ALLELY to SNYDER OIL CORPORATION, recorded AUGUST 17, 1994 in BOOK 1455 as RECEPTION NO. 2402876, and any interests therein, assignments, or conveyances thereof. - 12 - 951865 From : 17 DOS RIOS GREELEY r'^'0 PHONE No. : 303 330 7429 Rpr.12 1995 9:44RM P03 12 April 1995 TO: Weld County Commissioners ROAD MAINTENANCE AGRGBMENT FOR DOS RIOS ESTATES, SECOND FILING I propose the following to be the road agreement concerning the Dos Rios Estates, Second Filing subdivision southwest of Greeley. '1'hc County is concerned about the abatement of dust levels along WCR 396, a portion -of which abuts the new subdivision. The new subdivision will have 24 lots which will access WCR 396. The existing Dos Rios Estates subdivision has 27 lots that access WCR 396. The County road traffic report on average daily trips on WCR 396 suggests that. there are presently about 245 daily trips on WCR 396. The County engineer told me that 50% of these trips are associated with the existing subdivision. Based on this number, the existing subdivision of 27 lots contributes 123 trips per day, or 4.55 trips per lot. Using these figures, I expect that the 24 lots which access WCR 396 will also contribute 4.55 trips per day, for a total of 109 new trips per day. After completion of the subdivision and build out is completed, the new total of trips would then be 354 trips per day (245 presently plus 109 additional). On a percentage basis, the new subdivision will represent 30.8% of the daily trips upon completion of the subdivision. i have been informed that it. costs approximately $100,000 to pave a mile of county road. About. one mile of county road separates the new subdivision's access to WCR 396 from already paved WCR 52. This cost, then, is about $100,000; with 30.8% of the need attributable to the new subdivision, I believe it fair that the subdivision also bear 30.8% of the $100,000 cost of the road, or $30,800- Spread over the 24 lots with access to WCR 396, this represents $1,28333 per lot, and I further propose that this -amount be paid to the County from the proceeds received -by inc from the initial sale of each such lot. 1 further propose that Weld County agree to pave the one mile section of WCR 396 within five years of the sale of the first lot in the new subdivision, or return the proceeds to me. Sincerely, Joyce J. Allely 17 Dos Rios t Greeley, CO 80634 t Fhunc (970) 330-7429 t Fax (970) 330-7429 951.x?; 12 April 1995 Tot Weld County Commissioners DRAINAGE/RUN-OFF AGREEMENT FOR DOS RiOS ESTATES, SECOND FILING I propose the following to be the drainage/run-off agreement concerning the Dos dos Estates, Second Filing subdivision southwest of Greeley. As you know, the Evans Town ditch is adjacent to the new subdivision, and lies between the new subdivision and the South Platte and Thompson rivers. I understand that the Town of Evans is concerned about how additional run-off or drainage from the subdivision will affect the Evans Town ditch. The Evans Town ditch was constructed in about 18S8, and has accepted drainage and run-off from lands above it since its construction.. 1 understand that Evans has proposed that ditch - crossings be constructed to carry run-off waters from lands above the ditch across the Evans ditch and into the South Platte river. The estimated cost of these proposed crossings is about $48,000. Much of the run-off waters arc from lands above the proposed development, and the proposed change in usage of the land will somewhat increase the amount of run-off into the ditch, no I believe it is fair that the new subdivision only pay that part of the cost of the ditch -crossings as is in proportion to the increased amount of run-off and number of acres in the development that make up the entire drainage basin. An analysis suggests that the development of the subdivision will increase the amount of water placed in to the ditch by 5.3% Undeveloped conditions of the new subdivision presently contribute 26.4% of the run-off at the county road 346 culvert. Accordingly, fairness requires that the new development bear only 31.7% of the cost of construction of the ditch crossings proposed by the Town of Evans. Spread over the 32 lots of the new development, this represents $474.50 per lot, and I fw (her propose that this amount be paid to the Town of Evans from the proceeds received by me from the initial sale of each such lot. If ditch crossing construction can be completed for a lesser amount, l propose my contribution to be limited to 31.7% of the cost. 1 further propose that the town of Evans agrees to complete construction of the proposed ditch crossings within five years of the sale of the first lot in the new subdivision or return the proceeds to me. Sincerely, Joyce J. Allely Landmark ENGINEERING Ltd. November 22, 1994 Project No. ALLJO-93072D-01-206 Ms. Gloria Dunn Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 RE: Dos Rios Estates, Second Filing Case No. S-362 Dear Ms. Dunn: We have performed a preliminary wetlands reconnaissance evaluation of the proposed development site. The proposed development contains approximately 115 acres located in the East half of Section 34, Township 5 North, Range 66 West of the 6th Principal Meridian in Weld County, Colorado. The present use of the site is agriculture with silage corn and alfalfa, the primary crops. There is an existing ditch that crosses the middle of the site form West to East. The ditch collects irrigation waste water and stormwater runoff. The preliminary drainage report presents the method for routing the stormwater through the development. None of the vegetative cover and ground condition observed were indicative of wetland conditions. It is our opinion that a more comprehensive wetlands survey is not necessary. Sincerely, Landmark Engineering Ltd,\c\CG yMMFST9 d•• , • t*=013886 = * Patrick M. Mestas Colorado P.E. 13886 David Sh Colorado 1;1?. %59 1 PMM/DBS/6j;/Drat %. 3521 West Eisenhower Blvd.! 4' -.`w'" Loveland, Colorado 80537 Dale D. Olhausenff"C.106.5 President Loveland (303) 667-6286 ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS FAX (303) 667-6298 Denver (303) 629-7124 From : 17 DOS RIOS GREELEY r-'0 PHONE No. : 303 330 7429 Rpr.12 1995 6:44RM P02 12 April 1995 TO: Weld County Planning Commission IN REFERENCE TO DOS RIOS ESTATES, SECOND FI1.1NG 1. At the preliminary plat bearing it was stated that an equestrian trail would he a consideration for Dos Rios Estates, Filing Two. After speaking with some owners of homes in Dos Rios Estates, Filing One, and giving more thought to upkeep and liability of the trail, our conclusion was not to include plans for the equestrian trail in Dos Rios Estates, Piling Two. 2. In 'gallon for pastures and lawns was also mentioned at the preliminary plat hearing. This has been addressed in the final plan. I l&S Irrigation has prepared u preliminary estimate of costs to install an irrigation system with a. water tap for each lot. 1 will install this system if the sales of the lots proves it feusible. 3. A petition somc current Dos Rios Estates, Filing One residents asking mo to address the improvement of a faun access road was discussed at this same hearing. It was concluded by the Commissioners and the county attorney that this wad dues not effect or is not near or under the purview of Dos Rios Estates, Filing Two, and does not need to be a. concern for Dos Rios Estates, Filing Two. Sincerely, Joyce J. Allely 17 Dos Rios • Greeley, CO 80634 ♦ Plume (970) 330-7429 ♦ Fax (970) 330-7429 951865 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural -Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (3031866.2611 FAX (3031.866-2461 Ms. Gloria Dunn Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 j AUG 2 2 1994 L - n - tt Planninn WE -95-0002 DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lamas S. LoanMad F.ecutisr Oneesr Michael B. Long Division Director Vicki Cowan State Geologist and Director Dear Ms. Dunn: Re: Dos Rios Filing 2 We have reviewed the materials submitted regarding the above referenced subdivision and the general and engineering geology of the site. We concur with the opinions expressed by Land Mark Engineering Inc. that there are no significant geologic hazards or constraints associated with this development proposal and we have no objection to its approval. As always we recommend that radon mitigation measures be considered for the proposed residences in this subdivision. Yours very truly, Jeffrey L. Hynes Senior Engineering Geologist JH:B:\ 951865 PROTECTIVE COVENANTS APPLICABLE TO THE LAND HEREINAFTER DESCRIBED PART A. PREAMBLE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Joyce J. Allely, does hereby certify and declare that all of the lands described as Dos Rios Estates, filing Two, County of Weld, State of Colorado, a part of Section Thirty-four, Township Five North, Range Sixty-six West of the Sixth Principal Meridian. shall be subject to the restrictions, covenants and conditions hereinafter expressed and that by the acceptance of any conveyance the Grantee or Grantees therein, they and each of their heirs, executors, administrators, successors or assigns, as to any and all such property, will and do agree thereto. PART B. GENERAL PROVISIONS B-1. Application. Joyce J. Allely, her successors and assigns and for any person, persons or corporation to whom the rights of the Grantor herein shall be specifically transferred, does hereby establish these protective restrictions and covenants which shall attach to and pass with the real property of Dos Rios Estates, second filing, in Weld County, State of Colorado, according to the recorded plat thereof, and shall bind all persons who may at any time hereafter own or claim any right, title or interest in and to said real property whether acquired through voluntary act or by operation of law. B-2. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be signed by a majority of the then owners of the lots and recorded, agreeing to change said covenants in whole, or in part. Any change to these Covenants which affects the pipeline easements (Right of Way Agreements) of either or both Colorado Interstate Gas Company and Public Service Company of Colorado (fk.a. Colorado- Wyomimg Gas Company, Western Slope Gas Company, and Western Gas Supply Company) referred to in Paragraph C-8 shall require the prior written agreement of that affected holder of the easement. B-3. Control. There is hereby established an architectural control committee consisting of four members and the following persons are hereby named and designated as members of the first such committee: Joyce J. Allely, Magdalene M. Allely, Zachary G. Allely and Craig M. J. Allely. A majority of such committee can designate a representative to act for it and in the event of death or resignation of any member the remaining members shall have full authority to appoint a successor. B-4. Enforcement. If any person shall violate or attempt to violate any of the provisions of these protective restrictions and covenants, any other person or persons owning real property in 951865 the said tract shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the provisions hereof either to prevent him or them from so doing and/or to recover damagessustainedby reason of such violation. Enforcement shall bebyproceeding at law or in equity against any person or persons violating or attempting to violate any Covenant either to restrain violation or to recover damages as the Court may deem appropriate. It is specifically agreed and intended that, insofar as these Covenants affect Colorado Interstate Gas Company and Public Service Company of Colorado's pipeline easements (Right of Way Agreements) of record as referred to in Paragraph C-8, these Covenants run with the land and are for the benefit of Colorado Interstate Gas Company and Public Service Company of Colorado. Colorado Interstate Gas Company and Public Service Company of Colorado shall have the right to enforce these Covenants and to be heard before any appropriate forum with jurisdiction over the matter. B-5. Attorney's Fees: In the event -a person or persons retain an -attorney to bring an action to enforce these covenants and enforcement is accomplished by -a Court proceeding or otherwise, said prevailing parties shall be entitled to recover from the other adverse person or persons an amount sufficient to cover their reasonable attorney's fees with respect to said enforcement. PART C. RESIDENTIAL AREA COVENANTS C-1. Land Use and Building Type. Home size shall be a minimum of one thousand eight hundred finishedsquarefeet of living area for a single story home, two thousand one hundred square feet for multi -level homes, -and -two thousand four hundred square feet for two story homes. Garages shall be a minimum of two car design and shall not exceed a four car design. Design of garage is subject to architectural control. There shall be no time limit to start construction. Once home construction begins, a maximum of one year is allowed for completion. Initial and subsequent exterior colors are subject to architectural control. Passive radon detection shall be incorporated into the design of dwelling units. Televisionantennasshall not extend more than 12 feet above the roof line. Antennas for amateur, HAM, or CB radio shall not be allowed. High output exterior lighting shall be High Pressure sodium. Barns, sheds and other outbuildings under two thousand square feet may be built, and shall be earth tone in color. No structure shall be erected closer than 25 feet to the property line. Fencing shall be constructedofwooden rail, shall be compatible with all surroundings, and is subject to -architectural control. The architectural control committee may amend these restrictions upon obtaining approval, in writing, of a majority of lot owners. C-2. Architectural Control. No structure shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design -with existing structures or adjacent lots in Dos Rios Estates, filing Two or in the adjacent subdivision, Dos Rios Estates, filing One. C-3. -Restricted Uses on all Lots: Modular homes, mobile homes or temporary structures shall not be allowed unless used as a temporary dwelling during the time of construction of a permanent residence. Hunting and the discharging of fireworks shall not be allowed on lots or 951865 open spaces surrounding Dos Rios Estates. Re -subdivision of any real property described in these covenants shall not be allowed. Obnoxious or offensive activities shall not be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-4. Garbage and Refuse Disposal. Lots shall not be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept upon a lot except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. C-5. Landscape Requirements. Within six months after closing of the lot, a minimum of ten (10) trees, at least three (3) inches in diameter, and vegetation cover suitable for controlling weeds over the entire lot (e.g., mixed pasture grass) shall be planted. No weeds, underbrush or other unsightly growth shall be permitted to remain upon the lot at any time. If a residence is constructed, landscaping of the lot shall begin within six months of the residence's completion and these landscape plans shall ensure that at least twenty-five (25) percent of the lot is landscaped and the remaining non -landscaped part of the lot is under vegetation cover suitable for controlling weeds over the entire lot (e. g., mixed pasture grass) shall be planted. C-6. Outdoor Storage of Vehicles: No outdoor storage of boats, campers, recreation vehicles, etc. is allowed without fully screened fencing. This prohibition shall also include inoperable motor vehicles which are not licensed by the State of Colorado Department of Motor Vehicles with appropriate valid and current license plates. No vehicle repairs shall be allowed unless performed within an enclosed garage, except for emergency repairs completed within twenty-four hours. C-7. Use of Recreational Vehicles: Recreational vehicles such as four wheel drives, motorcycles, three wheelers, etc., shall be used only as transportation and not raced anywhere or used in any manner which would be considered a nuisance activity. C-8. Easements. Easements for installation and maintenance of utilities and drainage facilities and pipelines are reserved as shown on the recorded plat attached as Exhibit A and made a part hereof. Within these easements, no structure, planting (especially of trees or other deep-rooted plants) or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utility or pipeline, which will prohibit or restrict the use of the easement for its intended purposes, which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. Any structure or planting or improvement placed within -the easement shall be placed at the risk of the lot owner with respect to removal of the same if requested by the appropriate holder of the easement. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements and maintenance for which a public authority or utility company or easement holder is responsible. The owner of Lot 1 in Block Il will have property adjacent to a Basin Exploration well -head. Any grading that exists around the well -head shall not be altered. The owner of Lot 1 in Block I will have property adjacent to a Colorado Interstate Gas facilityanda Basin Exploration tank system. 951865 Only the property described below shall be further subject to the following additional restrictive Covenants: Block 1, Lots 1,2,3,4; Block 2, Lot 1; Block 3, Lots 2,3,5,6,7,12,13,14, Dos Rios Estates, filing Two, County of Weld, Colorado, a part of Section Thirty-four (34), Township Five (5), Range Sixty-six (66) West of the Sixth Principal Meridian. Easements for the installation and maintenance of high pressure gas pipelines COLORADO -WYOMING GAS COMPANY and COLORADO INTERSTATE GAS COMPANY are reserved on the property described above as shown on the recorded plat attached as Exhibit A and made a part hereof. Colorado Interstate Gas Company's Right of Way Agreement was recorded on July 11, 1955 in Book 1424 at Page 59 of the Office of the Clerk and Recorder, Weld County, Colorado. Public Service Company of Colorado's Right of Way Agreement was recorded June 25, 1947 in Book 1206 at Page 422 of the Office of the ClerkandRecorder, Weld County, Colorado. Colorado Interstate Gas Company and Public Service Company of Colorado are referred to as holders of easements. No structure shall be located on any lot except in the areas designated for building as shown on the recorded plat attached hereto as Exhibit A and made a part hereof. No fence shall cross the easement or be located within the easement area unless it contains a gate of a minimum fifteen (15) foot width with multiple locks provided by the holder of the easement. Each lot owner shall notify the appropriate holder of the easement of any construction activity in the easement area. The Dos Rios Estates 2nd Filing Homeowner's Association agrees to provide Colorado Interstate Gas Company located at P.O Box 1087, Colorado Springs, Colorado 80944 and the Campion Division of Public Service Company of Colorado located at 850 Southwest 42nd Street, Loveland, Colorado, 80537 with an up-to-date list of homeowners along the Public Service Company 50 -foot wide natural gas pipeline easement corridor. The list will consist of the landowner's name, address, home and work phone numbers. In the event that a residence is vacated or change of ownership occurs, the Dos Rios Estates 2nd Filing Homeowner's Association will revise and provide a copy of the new homeowner list to Public Service Company of Colorado within 30 days of change of ownership. If a residence is leased, it will be the responsibility of the fee land owner to provide the homeowner's association with the lessee's name, address, home and work phone numbers. The homeowner's association will then provide Public Service Company of Colorado with the lessee's information. If a lot owner provides a contact number directly to the appropriate holder of the easement, the holder of the easement shall provide reasonable notice of maintenance visits to the lot owner. C-9. Utilities: All new utilities must be underground. C-10. Signs. To the extent allowed by law, no sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, signs used by a builder to advertise the property during the construction and sales period, or real estate signs associated with the sale of lots contained within this subdivision during the ordinary course of real estate sales of such property. C-11. Livestock, Poultry and Pets. Owners of the lots may use any portion of their lot as a pasture with barn or stable for riding horses, and such other animals or pets that may constitute a hobby activity. No animal, livestock or poultry of any kind shall be raised, bred, kept or maintained on any lot for commercial purposes. Dogs and cats must be kept within the limits of the individual lots and shall not be allowed to roam freely within the subdivision. If dogs leave 951865 the lot property in the presence of the owner, the dog must be under the owner's control and supervision at all times. If dogs or cats leave the lot property without being in the presence of the owner, Weld Countyanimalcontrol regulations shall apply. Any excessive dog barking shall not be allowed. No more than one animal unit per acre shall be allowed, in accordance with Weld County regulations. C-12. Subdivision Maintenance: Lot owners shall have the right to act as either an unincorporated Association or as an incorporated Association and shall elect annually at their meeting -a President, Vice -President, and Secretary -Treasurer who shall serve without compensation. It shall be deemed a quorum for any such meeting in the event three (3) or more lot owners representing separate entities or persons shall be in attendance at any annual meeting. In the event of a Special Meeting a quorum of fifty percent (50%) of the owners -shall be required. Each owner of a lot shall be entitled toone(1) vote for each lot or living unit in which an interest is held. Actionshallbe taken by a majority vote. It shall be the obligation of the Association to maintain the proposed irrigation system, the drainage facilities, and any other internal situations deemed their responsibility. In addition, both Colorado Interstate Gas Company and Public Service Company of Colorado will become -non -voting and non -assessed members of the Association and will be contacted by the Association when issues develop in or near the 50 -foot wide natural gas pipeline easement corridor. C-13. Nuisance Wildlife: Land owners are notified that they will be responsible for handling "nuisance" wildlife issues within the laws of the State of Colorado such as occasional visits by skunks, deer, foxes, raccoons and other creatures. C-14. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 951865 IN WITNESS WHEREOF, the undersigned has affixed her signature. DECLARANT: S Joyce J. Allely STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this,Z54day of (ht., 1995, by Joyce J. Allely as owner of Dos Rios Estates, filing Two, County of Weld, State of Colorado, a part of Section Thirty four, Township Five North, Range Sixty-six West of the Sixth Principal Meridian. WITNESS my hand and official seal. My commission expires: MY COMMISSION EXPIRES OCT. n 1998 i , 9 Notary Public_ 951865 STATE OF COI 'ADO S. S. COUNTY OF WELD CERTIFI( E OF TAXES DUE s,_)47_, -- PIN NO. PARCEL NAME VENDOR NO. I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, as appears of record in the office, on the following described property, to -wit: 2743186 62.09 593410000 6 AI...I...E::I._Y JOYCE :i ,Y(. YCE AI...L.LL.Y M/155 EXCEPT — .i�. i v94 TAXES $879.70 TAX AUTHORITY LEVY WELD COUNTY 22.038 NOW WATER 1.000 C.WC WATER MILLIKEN F:I:RE:: 4.624 WEL..D LIBRARY 1...500 17713-A s2NW4 34 5 66 W2 4W4 hi OF CO R E::2SW4/ FSW4NE4/E2NE4 -PT NW41•IW4 BEG AT SW COR NW'4NW4 E380' NWL..Y TO +''T 300'N 0!'' SW .(:'OR HW4HW4 S ON W 1..11 300' TO BEG ALSO A RE -::S SITE ii.i s:.: colt N1:4NE:f4 33 5 66 (2.2A) EXC I)fl5 R I OS ESTATES ATES ( :130A) ALSO EXC BEG AT PT 8041):16 ' E 1866.28' & 823D41'W LA) 14.79' FROM NE col: SEC 34 640I)5D ' W 373.80' 347D59 ' W -650)..2.0 ' N22_00 ' W 661-09' N )D 7 ' E: 459.93' 1•489D54'E ' E:: 526.71' '1'(:J BEG (8.13A) Al...S(:J EXC I:,E(:'3 5041):1.6 ' l:_ 1866.28' FROM HE CUR or SEC S231)41'W LAJ 214.79' 889D54'W W 526.71' G76D4 7 ' W 459.93' 1.474D04'E E 1103.10' TO 'BEG (1.465A) ALSO EEC: EIEO 1302.:1.8 ' W & ; 51)09 ' F 30.12' FROM NE COR OF SEC 551)09 ' F 100' W50' H 51)09 ' W :1.00 ' E50' TO BEG ALSO EXC PT I.2.t: wt.4 34 5 66 BI<.824 RECfr4:l.746346 (5.50R 28L) T(:).1... AMOUNT DUE FOR I'I"I:l:r; PARCEL IS 'I}f-4;39.85 TAX TAX AUTHORITY LEVY '2.7..(313 SCHOOL. I)IST 06 46.'545 :1.0.::34 COW WATER 1.071 COS WATER 1.734 44'7..81. AII'1S OUNIOR -80L. 6.150 15.51 WEST (3RL.Y SOIL .414 TAX 481. 29 11.07 17.93 63.59 4.28 This does not include land or improvements assessed separately unless specifically requested. Information regarding special taxing districts and the boundaries of such districts may be on file or deoosit with the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. 1ST HA!...1: 1994 TAXES PAID $439.85* I b i �� WILLIS H By DEPUTY Landmark ENGINEERING Ltd. June 29, 1995 Project No. ALLJO-93072D-01-504A1 Mr. Dennis Myers Colorado Department of Health Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80222-1530 RE: Dos Rios Estates, 2nd Filing Joyce Allely, Owner Dear Mr. Meyers: Submitted herewith are the following: 1. $100.00 Filing Fee 2. Land Development Air Pollution Emission Notice and Application for Emission Permit. 3. Fugitive Dust Control Plan for Land Development. 4. Construction Drawings (includes plat). The above applications and information are submitted in compliance with Weld County and State regulations. The following presents the status and a description of the proposed development to assist you in your evaluation. The proposed development contains 116.969 acres and 32 residential estate lots with an average size of 2.9 acres (minimum 2.5 acres). No other uses are proposed. It is located in the East half of Section 34, Township 5 North, Range 66 West of the 6th Principal Meridian in Weld County. More specifically, it is located just North of the confluence of the Big Thompson River and the South Platte and lies above the 100 -Year flood established by FEMA. Potable water will be provided by the Central Weld County Water District. Standard individual sewage disposal systems in accordance with the Weld County regulations are proposed. 951865 3521 West Eisenhower Blvd. Dale D. Olhausen, P.E. & L.S. Loveland, Colorado 80537 President Loveland (970) 667-6286 ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS FAX (970) 667-6298 Denver (303) 629-7124 Colorado Department of Health Project No. ALLJO-93072D-01-504A1 June 29, 1995 Page 2 We are in the final plat process in which a formal application, supporting documents, final plat, construction drawings, final drainage report and geotechnical investigation have been submitted to the Weld County Planning Department. At the commissioners public hearing approval of the preliminary plat was granted. The development will be constructed in phases. Phase 1 will be completed in 1995 and include Lots 1 through 8, Block 4 located in the Southwest area of the subdivision. The acreage, including street right-of-ways, is 24.4 acres. Barring unforeseen circumstances, we anticipate the final plat hearing in late July, 1995 and construction commencing in early August, 1995. Street grading and paving would be completed by the end of August, 1995. Other improvement such as the onsite and offsite water, gas, power and telephone would be completed thereafter. It is intended that the lots would be ready for homes built by the lot purchaser. With respect to fugitive dust, the design is such that overlot grading of the Phase 1 lots is not necessary. Grading will generally be confined within the street right-of-way (3.24 acres). The street section will be 22 feet wide, 3" HBP over a prepared subgrade, 3 foot shoulders and seeded roadside swales. The construction drawings include the plat, utilities, grading and erosion control, street plan and profiles, specifications and details. If we can be of any assistance or should you have any questions, please call. Sincerely, Landmark Engineering Ltd. (96%ea imfrea Patrick M. Mestas, P.E. Project Manager PMM/ej cc: Ms. Joyce Allely Weld County Planning Department 951865 LAND DEVELOPMENT Air Pollutant Emission Notice -and -Application for Emission Permit IRstradlaa: 1) Complete oar fora for each project 2) For anfsaaaa or laforantioa calf the Ilt`rlsloa at (303) 692-3150 3) Adade a Ftsgitfre Drat Combo/ Platt for the project 4) Mail Mohan sad $ 100.00 filing fees (chedu to be made payable to Colorado Department of Ileatt) to: Colorado Department of Health Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South DENVER CO 80222-1530 1. Permit to be issued to: Joyce Allely 2. Mailing/ -Address: 17 Dos Rios Greeley, CO 80634 Patrick Mestas 3. Contact Person: Landmark Fngineering Ltd. Telephone: 4. Project Address: N/A Northeast Quarter, Section 34 (Atta map locating the project anti nearby streets) County: Weld Section: 34 Township: 5N 5. Total Acreage of land in project: 116.969 acres Metro 629-7124 Range: 66 W 6. Estimated date earthmoving will - Commence: Aug.1995 Stop: Aug. 1995 7. Number of acres subject to earthmoving - Maximum, Daily: 0.16 acres Total: 3.24 acres 8. Acres of roads or parking lots to be paved: 1.32 acres 9. Date paving will be completed: Late August, 1995 10. Work Schedule - Hours/day: Days/Month: 20 Months/year: 11. Estimated time to complete entire project (includes buildings) 3 months Building (ie. homes) by lot purchaser. 12. Estimated scraper hours: 120 13. Brief description of how the project development will occur: Phase I (1985, 8 of 32, lots, 24.4 of 117 ac.) 1. Rough grade streets & erosion control 2. Install water & utility conduits 3 Fine grading, compact subgrade, paving & reseed road swales. 4. Install ut' 'ties (offsite water, gas, electric, telephone) 14. Signature of legally authorized person: Name: Joyce Allely Title: Owner (NORM 200L- 11/93 951865 DOS R. J ESTATES, 2ND FILING FUGITIVE DUST CONTROL PLAN FOR LAND DEVELOPMENT Regulation No. 1 requires that a fugitive dust control plan be submitted by applicants whose source/activity results in fugitive dust emissions. The control plan must enable the source to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable. If the control plan is not adequate in minimizing emissions a revised control plan may be required. The control plan (if acceptable to the Division) will be used for enforcement purposes on the source(s). Please check the dust control measures which you propose for your activity. The control measures. checked will be enforced by the Division. Use separate sheets if more space is needed. Also note items with an asterisk (*). This indicates those measures which will probably be required. I. Control of Unpaved Roads on Site Note: No unpaved roads on site. * ❑ A. Watering (1) Typical watering, frequency: Times/Day; or (2) Maintain % Soil Moisture Content (Specify percentage— [] B. Application of Chemical Stabilizer (1) Frequency of Application (2) Type of Stabilizer ❑ C. Pa-ving: When (Attach schedule showing when paving would occur.) Where * ❑ D. Vehicle Speed Control (1) Speeds limited to mph -maximum. Speed limit signs must be posted. (Generally 30 mph is maximum approvablE speed on site.) ❑ E. Road Carpet: Type ❑ F. Other (Explain): 951865 II. Control of Disturbed Surface Areas * ® A. Watering (1) Typical watering frequency 2 times/day or (2) Maintain 10-15 % soil moisture content. ❑ B. Application of Chemical Stabilizer - (1) Frequency of application (2) Type of stabilizer ® C. Vehicle Speed Control -(1) Speeds limited to 15 mph maximum. ® D. Minimize disturbed area - attach detailed development schedule (with map). Grading confined to street R -0-W, Refer to construction drawings. [2 E. Revegetation - attach detailed schedule with map [can combine with D above). ) ❑ (1) Seeing of (nnalmulch. (Circcleuappropriatelchoices.)plant with without Refer to construction drawings. ❑ (2) Landscaping ❑ F. Furrows at right angle to prevailing wind. Depth of furrows inches (6" or greater needed) * E G. Compaction of disturbed soil on a daily basis to within 90% of maximum compaction (as determined by Proctor Test). ets, full ® (1) asp halt proposed. Refer toundation ares only; or hconstruction grade of edepth drawings. ❑ (2) All disturbed soil. * ❑ H. Wind Breaks (generally required if adjacent to developed areas and must be in place prior to overlotting). (1) Type O (a) Solid: Material (i.e., brick, cement, wood) 951865 [_,_, (b) Mesh wind screens (state me..d size): ❑ (c) Snow fence or other fence (specify) ❑ (d) Berms: Height ft. ❑ (e) Vegetation: Type Initial Height Spacing ft. ❑ (f) Other (2) Description - Show location, prevailing wind, nearby developed areas. ❑ I. Synthetic or natural cover for steep slopes. (1) Type (netting, mulching, etc.) (2) Location (show on map) III. Prevention of mud and dirt carryout onto paved surfaces. © A. Prevention (i.e., gravel entry ways, washing vehicle wheels, cover or do not overfill trucks) 1. Gravel entry way.. 2. Do not overfill trucks. ❑ B. Cleanup of Paved Area (1) Frequency (2) Method (i.e., street sweeper, hose with water, etc.) — no adjacent paved streets. (generally daily) IV. Other (describe in detail) 951865 AGREEMENT This AGREEMENT is between Joyce Allely ("Allely") and Dick L. Pirnie and Virginia Joanne Pirnie (collectively "Pirnie"). This AGREEMENT concerns a diversion situate along 47th Avenue as described in Resolution of Board of County Commissioners of Weld County dated September 3, 1986, from which Pirnie diverts water and applies the same to a beneficial use by irrigating their land with such water derived from such diversion. The land owned by Pirnie is described on Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth. Allely has proposed the development of Dos Rios Estates, Filing Two, and Pirnie has expressed concern as to whether that development, and some of its plans, would impair, limit, diminish or otherwise adversely impact the ability to draw water. With regard thereto, Allely agrees that such development will not adversely affect the ability of Pirnie to withdraw water from such location, and in order to assure the same, the parties agree as follows: (1) Pirnie grants to Allely the right to remove and replace the current diversion box subject to the following conditions: (a) Plans drawn by a qualified engineer will be submitted to Pirnie not less than 45 days prior to any work and Pirnie will have 20 days within which to review and approve such plans and if they fail to approve the same, the parties will negotiate further with regard to any changes required in such plans. (b) All costs associated with the replacement of said diversion box and removal and restoration work shall be paid by Allely, except to the extent of $1,500.00 which will be paid by Pirnie. (c) Subject to paragraph (2) below, the work will be conducted in a manner to assure that the same amount of water (or more) may be diverted at the same time, location, place and elevation without additional costs to Pirnie. (d) Construction will be conducted in such a manner that Pirnie will be without water for not more than seven days. (e) Pirnie will cooperate with Allely in obtaining permits, licenses, or other approvals which may be necessary, although ownership of said diversion box shall be in Pirnie. (2) Neither Allely nor Pirnie asswnes any responsibility or liability nor makes any representations of any kind with respect to the quantity or quality of any water, including waste spring seepage or other water, which may (or may not) flow down the drainage area leading to the diversion box. (3) The obligations, burdens and the rights and entitlements hereof shall be binding upon the parties and the lands affected hereby and shall run with the land. 951865 Dated this y1 day of November, 1994. oyce J.Allely Dick L Pimie 951865 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 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 Joyce Allely 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: Dos Rios Estates Second Filing, being a portion of Section 34, Township 5 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado. WHEREAS, a final subdivision plat of said property, to be known as has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations 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 Engineerin engineering subdivision made a part Services: Applicant shall furnish, at its own expense, all se vices in connection with the design and construction of the impr ements listed on Exhibit "A" which is attached hereto and hereo by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 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. Before acceptance of the roads within the subdivision by the County, 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. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 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 1 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 and 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. 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 ands—at,t,arn y 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 shallmaintain 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. 5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off -site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off -site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of th= cost of the off ..-.rrcmcnts. 5.2 The off -site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off -site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off -site improvements. 2 The total vehicular trips to be generated at build -out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off -site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off -site improvements agreement shall be made inconformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services' prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road impro ent. The amount of road improvement cost shall also consider inflation- as measured by the -changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contributiontothe prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off -site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will'generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off -site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way -is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 3 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 acceptance 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 accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, 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 acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 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. P for to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers 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) monthsthenthe Final. Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The- applicent may cheese to pr_r.'ide 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. 4 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: 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". 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. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 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. 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. The Lette-`` of Credit shall specify that the date of proposed expiratio4 of the Letter of Credit shall be either the date of release b 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 lfter 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: 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 th'.a property. 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. 5 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 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. The escrow agent will be a Federal or State licensed bank or financial institution. 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 a the same as those approved by Weld County. 9.2 Test results must be tubmitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH 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 8.0 thru 8.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance 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. 6 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% 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 acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 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 accordancewith 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 Section 8-15-B of 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 approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of 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 Section 8-15-B. 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 re resentatives, successors and assigns of the Applicant, and upon reco ding by the County, shall be deemed a covenant running with the land erein 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. 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: Joyce Allely BY: Owner (title) Subscribed and sworn to before me this _ day of , 19_ My commission expires: Notary Public 7 EXHIBIT "A" Name of Subdivision: Filing: Dos Rios Second Filing Second (Phase 1 Improvements) Location: Section 34, T5N, R66W of the 6th P.M.. Weld County, CO Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19, recorded on 19 in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Improvements Unit Cost Street grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements _ Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains (On & Offsite, Valve & Appurtenances)$11,30/L,F, $110,743.00 Fire hydrants $2,000.00 $ 6.000.00 Survey & street monuments & boxes $ 157.00 $ 1,732.00 Street lighting _ Street name signs $ 125.00 $ 500.00 Fencing requirements Landscaping (Reseed Road Swales) $ 0 n3 S 1,282.00 Park improvements S Estimated Construction Cost 0.45/S.Y. $ 7,050.00 8.50/Ton S 1,g70 nn 25 00/Ton $ 27,550,00 (Culverts) $ 33.75/L.F. S 4.050.00 Telephone, Gas, Electric $3,430.00/Lot S 27,440 00 Erosion Control (Straw Bale Dikes) $ 5.40/Ea. S 372 n0 SUB -TOTAL $188,589.00 Engineering and Supervision Costs estimated at 5% (Approx $9,500) (testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $198,089.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule cat out in Exhibit "B" i gal Signatdre of Applican (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: S 99 , 19 95.: 8 EXHIBIT "B" Name of Subdivision: Dos Rios Second Piling Filing: Second (Phase Improvements) Location: Section 34, T5N, R66W of 6th P.M., Weld County, CO Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Dos Rios Second Filing Subdivision, dated , 19 , Recorded on 19 in Book , Page No. , Reception No. the following schedule. All improvements shall be completed within one 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 Bidding and Mobilization Street grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains Fire hydrants (with water mains) ** Time for Completion 5 Weeks 2 Weeks (with street base) 3 Weeks (culverts) (with street gradinP) 4 Weeks Survey & street monuments & boxes 2 Weeks Street lighting Street name signs Fencing requirements Landscaping Park improvements Telephone, Gas, Electric Erosion Control (Hay & Inlet Bales) SUB -TOTAL (work done concurrently) (work done concurrently) ** (work done concurrently) (work done concurrently) 16 Weeks 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 th• above schedyll a o e met. ` Signature of Applicant o (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date:1 1976-- Hello