HomeMy WebLinkAbout982536.tiff Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax (970) 352-6312
MAJOR SUBDIVISION PRELIMINARY PLAN APPLICATION
For Planning Department U e Only: Application Fee 1I YIO
Case Number 5— 4'j 9 Receipt Number 1131 7
Zoning District 'S Application Checked By
Date Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for rquiretsignaaur�hnn.ng Dept.
Weld UCTLIMY I (we), the undersigned hereby request the Department of Planning Services to review a minor subdivision
sketch plan on the following described unincorporated area of Weld County. JAN 2 a 1998
LEGAL DESCRIPTION: RECEIVED
(If additional space is required, attach an additional sheet).
``''
PARCEL NUMBER: g3_aA.la3L? V v _a1(12 digit number found on Tax I.D. Information or
obtained in the Assessor's Office. II 1 I
NAME OF PROPOSED MINOR SUBDIVISION (UPS M- I l 9J - Ictr Ic r t' ny
EXISTINGZONING R_5 PROPOSEDZONING K) 5 �.l
TOTALAREA(ACRES) 9,2'42 NUMBER OF PROPOSED LOTS /6'
LOT SIZE AVERAGE /4 5Q_MINIMUM. /52O '7
OVERLAYDic rrlC fV
UTILITIES: Water Name C . t� o f" e- U 2vr 5
Sewer Name A N pet,k_ Sa�; '�a�•`urt
Gas: Name fee Lly Gc. S
Electric: Name oubt2e' Se ['if cO
Phone: Name to . 1\ 1¢ . 4
DISTRICTS: School: Name `sli2+c w
Fire: Name
PROPERTY OWNERS OF MAJOR SUBDIVISION PRELIMINARY PLAN AREA
Name S¢ r Phone 35 a. '2.sO
Address % i3/`) / 5-1" Ake ) l roLrfr' Co sG& 31
Name Wad{ , U N Park %MC Phone 3ca-x{ 7 3 O
Address Vo i'3- '7 , S'+^ Ode/ 6 reeky Ctl /30-'6, 3 /
APPLICANT OR AUTHORIZED AGENT (if different than above).
Name Phone
Address 2
Signs re: Owner or Authorized Ag
Revised: 3-28-96 EXHIBIT
22
982536
�a r9z, Arr) 7 (4 IS
Report Date: 01/15/98 10:45AM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#: 668
ORDER NO: SCHEDULE NO: R2637286
VENDOR NO: ASSESSED TO:
MIKE THOMAS J E R
P O BOX 929
GREELEY, CO 80632
LEGAL DESCRIPTION:
17671-A PT SW4 26 5 66 BEG N88D52'E 210.46' FROM W4 COR N88D52'E 2138.57' S18D40'E 178.30'
S88D52'W 1975.42' THENCE ALONG ARC OF CIRCULAR CURVE TO R RADIUS OF 370' &CHORD
THAT BEARS N79D09'W 153.45' N67D11'W 92.11' THENCE ALONG ARC OF CIRCULAR CURVE TO R
RADIUS 25' &CHORD THAT BEARS N22D11'W 35.35' N22D48'E 74.19' TO BEG(8.391A)
PARCEL: 095926300004 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
1997 TAX 776.06 0.00 0.00 776.06
TOTAL TAXES 776.06
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
TOTAL ASMT 0.00
TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE
TOTAL CERT 0.00
GRAND TOTAL DUE GOOD THROUGH 01/15/98 776.06
ORIGINAL TAX BILLING FOR 1997
Authority Mill Levy Amount
WELD COUNTY 22.038 200.98
SCHOOL DIST#6 49.617 452.51
NCW WATER 1.000 9.12
MILLIKEN FIRE 3.605 32.88
MILLIKEN FIRE BOND 0.689 6.28
AIMS JUNIOR COL 6.322 57.66
WELD LIBRARY 1.409 12.85
WEST GREELEY SOIL 0.414 3.78
85.094 776.06
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER I,
REAL PROPERTY-OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes,
transfer tax or misc.tax collected on behalf of other entities, special or local improvement district assessments of
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the s stil e redeemed with the
amount required for redemption are as noted herein.In witness whereof,I have hereunto t 01/1 /9
TREASURER, WELD COUNTY, ARTHUR L.WILLIS II, BY
•
4 -This is a proposed 18 lot subdivision. Each lot will be occupied by a single family residence. Each
residence shall be either a conventional fixed location home constructed on the lot or a manufactured home
as defined in Amended Section 10.1.M of Weld County Ordinance No. 89-DD. In addition to the 18 single
family lots, there is a 2.6 acre open space which will also be utilized as a site for storm water detention, •
buffering around Ashcroft Draw, protection of wildlife habitat near Ashcroft Draw,and general use of the
lot owners. There is an existing row of trees along Mesa Verde Drive constructed as a landscape buffer. It
is anticipated that this buffer will be relocate to the north boundary of the proposed 18 lots.
5 -Several items were identified during the Sketch Plan review which require additional information. A
water line easement was not shown,this has been added between lots 2 and 3. There is an area which falls
within the 100 year flood zone at the east end of the property. This area has been protected by a 2.6 acre
open space. The City of Greeley is concerned about development in this area. With all to the services in
place and considering the location and surrounding area,we feel the development of these 18 lots is
compatable with the area and is a reasonable course of action.
6-Number of proposed lots= 18
7—Traffic from these lots will access directly onto Mesa Verde Drive which makes a direct connection to
47th Avenue. Mesa Verde and 47th Avenue are both existing an have been constructed in anticipation of the
additional growth in this area. 47th Avenue connects to 49th Street which provide access to 35th Avenue and
65°i Avenue. Mesa Verde Drive
pavement width= 38'
pavement thickness= 2"
base course=4"
2' wide concrete valley pans abut the pavement
parking—while on street parking is a possibility. these lots are large enough to encourage off-
street parking
8—the open space tract will be owned and maintained by the Property Owner Association for Hill-n-Park
°kit 5th Filing.This Association will be separate from the West Hill-n-Park Property Owners Association. The
EAR } developer will maintain the open space until 50%+one of the lots have been sold. After that time the
Njii MJ responsibility for maintenance of the site will transfer to the Property Owners Association..
(t. ,r ' 9—Water will be supplied by the City of Evans. West Hill-n-Park Inc. has an agreement with the City of
Evans to provide water to this area. Under this agreement West Hill-n-Park Inc.has 40 Water taps
remaining for use in the Hill-n-Park/Arrowhead area. Estimated water usage 4,950 gallons per day.
10—West Hill-N-Park, Inc.has an existing agreement with the City of Evans for a specified number of
water taps for this area.
11 — Sewer service will be provided by the Hill-n-Park Sanitation District. Attached is a letter of
agreement for the 18 taps. Sewer lines currently extend to the southeast corner of lot 18. Estimated 5000
gallons per day to be treated.
12—Infrastructure construction will be paid for by the developer. A bond or other suitable collateral will
be supplied until the completion and acceptance of the construction.
Estimated construction costs:
Water— $1,000 all lines and service arc in place cost is to check and mark all services
Sewer $60,000
Electric $3600
Telephone $2400
Gas $9000
Drainage $10000
13 —Municipal entities and utilities within 500 feet
Public Service Company
Greeley Gas
City of Evans(water)
• Hill-n-Park Sanitation District
US West
Town of Miliken Fire District
14—Geologic report attached
15—Proposed Covenants attached
16—List of property owners to follow as soon as the Assessor's Office completes assigning PINs to West
•
Hill-n-Park 4th Filing.
17—Minerals are owned by Lester and Walter Axel and are leased to Aeon Energy Co.
18—Mineral Owners list attached
19—Drainage report attached
20—This area is located in the Urban Growth Boundary Area of the City of Greeley and The City of Evans
and is zoned MH-UD which is consistent with the current zoning designation of R-5. At the present time all
public utilities are existing adjacent to the site and agreements are in place to provide water and sewer
services. Miliken Fire District has a Station and equipment located within the Hill-n-Park development and
Hill-n-Park Inc. had provide funds for improvement at various times.
21 —This proposed development is in compliance with the Weld County Comprehensive Plan in that it is in
the proximity of developing areas of both the City of Greeley and the City of Evans,it provides the
opportunity of quality affordable housing,and is a good transition to Arrowhead and the property to the
north. •
22—West Hill-N-Park Inc. has an agreement for water taps with the City of Evans.
•
23 —Hill-n-Park sanitation District has committed to provide service to these lots.
24—The traffic and streets have been discussed with the Weld County Engineering department. They have
indicated that the existing street system is adequate for these lots to access directly on to Mesa Verde Drive.
Mesa Verde connects directly to 47th Avenue which will avoid routing additional traffic through adjacent
developments.
25 —Traffic from the development will feed on to 47th Avenue and then to 49th Street and 35th Avenue.
Each of these roads should be adequate to handle the additional traffic burden from these 18 lots.
26—Drainage from this area flows directly into Ashcroft Draw. The attached drainage report details
detention and attachment to this system.
27—While 18 lots is considered a major subdivision,and considering that fire, water,sewer, roads,and
other public utilities are existing adjacent to these proposed lots, this development should not cause an
unreasonable burden on these local governments or districts.
28—The addition of 18 single family residences in is this area should not cause air pollution violations.
29—This subdivision conforms to the design standard of Section 10 of the Weld County Subdivision
Ordinance,as ammended.
30—This subdivision will not have adverse affect on wildlife and it's habitat,this site is not suitable for
agriculture,and is not a historical site.
1rerracon
November 25, 1997 CONSULTANTS WESTERN,INC.
PO.Box 503.301 N.Howes
Fort Collins.Colorado 80522
(970)484-0359 Fax:(970)484-0454
Mr. Roy Lundvall •
c/o Mr. Mike Thomas
1317 15th Avenue
Greeley, Colorado 80631
Re: Geotechnical Engineering Report
Proposed 18-Lot Subdivision
Weld County, Colorado
Project No. 20965189
Dear Mr. Lundvall:
Terracon has reviewed its geologic report prepared for the above-referenced site. Enclosed is
additional subsurface soils information regarding the soil and groundwater conditions. Empire
Laboratories, Inc., our predecessor firm, prepared a Report of a Geotechnical Investigation for
West Hill "N" Park, Third Filing which is located directly adjacent to the south side of the subject
property in April of 1989. Three borings were drilled at the time this report was prepared along the
north edge of the project which is directly adjacent to the subject property. The report indicates the
subsoils at the site consist of sandy clayey silts and sandy silty clays. Siltstone bedrock was
encountered at approximate depths of 111/2 to 14%2 feet. The clays and silts exhibit moderate
bearing characteristics. Iry our opinion, residential structures may be supported by conventional-
type spread footings. No groundwater was encountered to the depths explored. However, a
perched water table may develop on top of the bedrock stratum. Therefore, complete dewatering
systems should be provided around basements placed in or within 3 feet of the bedrock.
Based on our previous geologic report and our review of the geotechnical investigation directly
adjacent to the property, it is our opinion the site is suitable for the proposed residential
construction. It is recommended that a complete geotechnical exploration be prepared for the site
prior to construction. Test borings should be drilled on the site, and laboratory tests should be
performed on samples obtained from these borings to accurately determine the subsurface
conditions of the subject property.
If you have further questions regarding this project, please do not hesitate to contact us.
Sincerely,
TERRACON CONSULTANTS WESTERN,INC.
Empire Division : Reviewed by:
/i/�' %575 ;wick),
it R. Shrrod A,Tn '
Senior Engineering Geologist I. ,. '.. l � v I Larry G. 'Dell, P.E.
_y Division Manager
Copies to: Addressee (3)
Offices of The Terracon Companies,Inc. Geotechnical,Environmental and Materials Engineers
Arizona ■ Arkansas • Colorado • Idaho ■ IWools ■ Iowa ■ Kansas • Minnesota • Missouri
Montana • Nebraska • Nevada ■ New Mexico • Oklahoma • Tennessee • Texas IN Utah ■ Wisconsin • Wyoming
QUALITY ENGINEERING SINCE 1965
GEOLOGIC REPORT
PROPOSED 18-LOT SUBDIVISION
WELD COUNTY, COLORADO
PROJECT NO. 20965189
December 26, 1996
Prepared for:
WEST HILL "n" PARK INC.
c!o LUNDVALL BROTHERS
1008 9th Street
Greeley, Colorado 80631
Attn: Mr. Roy Lundvall
Prepared by:
Terracon Consultants Western, Inc.
Empire Division
301 N. Howes
Fort Collins, Colorado 80521
lierraron
Terracon
TABLE OF CONTENTS
Page No.
Letter of Transmittal
ii
INTRODUCTION 1
SITE EXPLORATION 1
SUBSURFACE CONDITIONS 2
Geology 2
RECOMMENDATIONS 3
GENERAL COMMENTS 3
APPENDIX A
Geologic Map
Soils Map
Soil Descriptions
Geologic Report Terracon
West Hill "n" Park Inc.
Project No. 20965189
approximately 5 to 7 feet tall. The east edge of the property is bounded by Ashcroft Draw. The
draw varies between 30 and 50 feet in width with a stream at the bottom of the draw being
approximately 12 feet wide. At the time of the field exploration, the stream had flowing water
approximately 6 inches deep. Agricultural fields are located beyond the draw.
The site is relatively flat with a minor amount of slope from west to east. Due to the flat nature
of the site, geologic hazards due to mass movements such as landslide, mud flows, etc. are not
anticipated. A small amount of erosion was observed where the agricultural field runoff enters
Ashcroft Draw. This included areas of near vertical faces approximately 6 feet tall and some
slight undercutting of the sidewalls of the draw. The erosion was more evident on the north and
east sides of Ashcroft Draw away from the subject site. Considering the plans to stay 500 feet
from the draw, erosion near the channel should not pose a threat to the planned subdivision.
SUBSURFACE CONDITIONS
The following describes the approximate subsurface conditions that should be expected at the
site based on literature reviews and our general knowledge of the area.
Geology
The proposed area is located within the Colorado Piedmont section of the Great Plains
physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early
Quaternary time (approximately 2,000,000 years ago), is a broad, erosional trench which
separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies along
the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods
(approximately 70,000,000 years ago), intense tectonic activity occurred, causing the uplifting of
the Front Range and associated downwarping of the Denver Basin to the east. Relatively flat
uplands and broad valleys characterize the present-day topography of the Colorado Piedmont
in this region. The site is underlain by the Cretaceous Laramie formation. The Laramie
formation is composed of thinly bedded siltstones, sandstones, and minor lenses of calcarous
siltstones. Iron staining and iron concretions are relatively common throughout the Laramie
formation.
Seismic activity in the area is anticipated to be low and the dip of the bedrock is very slight to
horizontal. Therefore, from a structural standpoint, the property should be relatively stable. The
subsoils at the site consist of clayey silts and sands which are underlain by the bedrock at
approximate depths of 15 to 20 feet. Based upon the geologic conditions at the site, it is our
opinion that economic deposits of coal, limestone, quarry rock and sand and gravel do not exist
at the site. The Laramie formation may contain minor amounts of radioactive material which
has the potential to produce radon gas. Testing for the presence of radon gas prior to the start
2
Geologic Report Terracon
West Hill"n" Park Inc.
Project No. 20965189
of construction, or providing underslab ventilation systems for the structures built in the
development may be appropriate.
Mapping completed by the Colorado Geological Survey ('Hart, 1972), indicates the site in an
area of 'Windblown Sand or Silt". This material has been described as having low swell
potential although the upper 6 to 12 inches may have locally moderate swell potential. The sand
or silt may be subject to severe settlement or collapse when water is ahowed to saturate the
deposits. Bedrock with higher swell potential may be locally less than 10 feet below the ground
surface.
Based upon review of U.S. Geological Survey Maps (2Hillier, et al, 1983), regional groundwater
beneath the project area predominates in colluvial, landslide or windblown materials, or in
fractured weathered consolidated sedimentary bedrock located at a depth near ground surface.
Seasonal variations in groundwater conditions are expected since the aquifer materials may not
be perennially saturated. Groundwater is generally encountered at depths ranging from 5 to 20
feet below ground surface; depth to seasonal groundwater is generally 10 feet or less.
Zones of perched and/or trapped groundwater may also occur at times in the subsurface soils
overlying bedrock, on top of the bedrock surface or within permeable fractures in the bedrock
materials. The location and amount of perched water is dependent upon several factors,
including hydrologic conditions, type of site development, irrigation demands on or adjacent to
the site, fluctuations in water features, and seasonal and weather conditions.
RECOMMENDATIONS
Based upon the information provided to Terracon concerning the location of the proposed
development, and based upon the field reconnaissance and literature reviews performed for this
project, it Terracon's opinion that minimal geologic concerns are associated with the proposed
development of the property. Testing for the presence of radon gas, or provisions for underslab
ventilation systems may be appropriate.
GENERAL COMMENTS
Our professional services were performed using that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable geotechnical engineers and geologists
practicing in this or similar localities. No warranty, express or implied, is made. We prepared
' Hart, Stephen S., 1972, Potentially Swelling Soil and Rock in the Front Range Urban Corridor,
Colorado, Colorado Geological Survey, Environmental Geology No. 7.
2Hillier, Donald E.; Schneider, Paul A.,Jr.;and Hutchinson, E.Carter, 1983, Depth to Water Table(1979)in the
Boulder-Fort Collins-Greeley Area,Front Range Urban Corridor, Colorado, United States Geological Survey,
Map I-855-I.
3
Terracon
Geologic Report
West Hill"n" Park Inc.
Project No. 20965189
the report as an aid in design of the proposed project. This report is not a bidding document.
Any contractor reviewing this report must draw his own conclusions regarding site conditions
and specific construction techniques to be used on this project. If changes are made concerning
the location or nature of the proposed development, the recommendations contained in this
report should be reviewed by Terracon and amended or revised as necessary.
This report is for the exclusive purpose of providing geologic information and recommendations.
The scope of services for this project does not include, either specifically or by implication, any
environmental assessment of the site or identification of contaminated or hazardous materials
or conditions. If the owner is concerned about the potential for such contamination, other
studies should be undertaken.
4
\ Qsy
\qOPT
4w
PROPOSED 18-LOT SUBDIVISION
4.\ -.4\ .
4.4°: i '1w-2.7%
I r MESA VERDE DRIVE
II L.
I
I
. LiZ K1 - CRETACEOUS LARAMIE FORMATION
> THINLY BEDDED SILTSTONES,
Q SANDSTONES, AND CALCAREOUS
SILTSTONES. OUTCROPS RARE.
4.4%
LAND SLOPE DIRECTION
AND PERCENT SLOPE
I
FIGURE 1 : GEOLOGIC MAP frPROPOSED 18-LOT SUBDIVISION ^
WELD COUNTY. COLORADO SCALE r' = 500'
TOW INC. PROJECT No. 20965189
1 rerracon
CONSULTANTS WESTERN. INC.
E::PR or..LtoN
•
PROPOSED
COVENANTS FOR
WEST HILL-N-PARK FIFTH FILING
The following Covenants shall bind and inure to the benefit of
the owners of all parcels of real estate within West Hill-N-Park
Fifth Filing, Weld County, Colorado; and whose grantor was West Hill-
N-Park, Inc. and JER Partnership or their heirs or asigns, and to any
and all owners and their heirs, successors and assigns .
1 . Every lot in the subdivision shall be occupied for single
family residential purposes only by either a conventional fixed-
location home constructed on the lot, or manufactured home (as
defined in Amended Section 10 . 1 .M of Weld County Ordinance No. 89-
DD) . No buildings shall be erected, altered, placed or permitted to
remain on any lot other than one detached single family dwelling not
exceeding two stories in height and a private garage for not more
than three vehicles . One tool shed of factory origin, maximum of 10
feet by 12 feet, may be placed upon lot.
2 . No dwelling shall be constructed or erected on any lot at a
cost of less than $45, 000 . 00 . Said sum shall be increased or
decreased proportionately for changes in the consumer price index
after the date on which these Covenants are recorded. It is the
purpose of this Covenant to assure that all dwellings shall be of a
quality equal to or better than that of the dwellings in West Hill-N-
Park Third Filing also known as Arrowhead South pursuant to the
recorded Third Filing Covenants . The area of dwellings, exclusive of
open porches and garages, shall be as follows :
a. Not less than 800 square feet for a one story dwelling;
b. Not less than 900 square feet for the total of any two
adjacent levels of a dwelling with three or more levels;
c. Not less than 800 square feet on the upper level of a two
level home where the lower is a garden level; and
d. Not less than 600 square feet per story for a home of two
stories or more.
3 . No structure of a temporary character, trailer, basement,
tent, shack, garage, barn or other outbuilding shall be used on any
lot at any time as a residence either temporarily or permanently.
4 . 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, or signs used by a builder to advertise
the property during the construction and sales period.
5 . No lot shall be used for an open storage of construction
materials or any other material, except during the construction of
an authorized improvement.
6 . No noxious or offensive trade or activity shall be
conducted upon any lot.
7 . No animals of any kind shall be raised, bred or kept upon
any lot for commercial purposes .
8 . No patio, carport or other addition to a home shall be
located any nearer than 30 feet to the rear lot line and 5 feet
from side lot line .
9 . Fencing shall be either of two styles - Elcar type chain
link, four or five feet in height, or cedar or redwood board
fencing not to exceed six feet in height. No fence shall be placed
on the front twenty feet of lot.
10 . In no event shall any portion of any home or other
structure be erected over any easement for utilities or otherwise.
11 . No lot as platted shall be subdivided for the purpose of
making two or more lots . No more than one home shall be permitted
on any one lot.
12 . Easements for utilities and maintenance thereof are
reserved as shown on the recorded plat.
13, Natural drainage associated with any lot shall not be
altered so as to drain onto the adjacent properties
14 All trash, garbage and other household debris shall not be
allowed to accumulate for more than seven (7) days before disposal .
Each property owner shall be responsible for the proper storage and
disposal of trash, garbage and household debris in accordance with
the current rules of the County Health Department.
15 . No animals or fowl of any kind shall be kept or maintained
on any lot; except that either two dogs, two cats, or two caged
birds may be kept as pets . The total number shall not exceed three
animals and can be a combination thereof, but cannot be more than
two of same species . All animals shall be confined to the
individual property owners premises, and such confinement shall not
be on the portion of the lot bordering upon the streets or walkways
of the subdivision.
16 . No motor vehicle which is not currently licensed, capable
of moving under its own power, and equipped with functioning lights
and all other equipment required by law for operation on public
highways shall be kept, stored or allowed to stand on any lot, nor
be oarked on the street.
•
17. No boat, trailer, camper or habitable motor vehicle shall be
kept or stored on any lot except within an enclosure which will
screen such boat, trailer, or vehicle from view from the street and
adjoining lots; nor shall it be parked on street for a period longer
than forty-eight hours.
18 . Each lot shall be accompanied by a voting and assessable
membership in the West Hill-N-Park Fifth Filing Property Owners
Association. By-laws for the Association will be developed, changed,
and enforced by the Board of Directors of the Association.
19 . The developers of West Hill-N-Park Fifth Filing shall
maintain the designated open spaces and parks until such time as 50%
plus one of the total lots have been sold to other voting members. At
that time, the Owners Association shall be responsible for the
maintenance of all said open spaces and other areas designated for
the use of all residents of West Hill-N-Park Fifth Filing.
20 . Due to the damages to streets and ways within West Hill-N-
Park Fifth Filing occasioned by the use of said streets and ways by
semi-tractor/trailer rigs, no lot owners or occupants, or invitee of
the same, shall traverse the street or ways within the subdivision
with a vehicle with a gross weight greater than five tons .
21 . 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.
22 . All of the above described Covenants shall be effective
through June 1, 2008, and said Covenants shall be effective
thereafter for additional ten year periods without any further action
of the West Hill-N-Park Fifth Filing Property Owners Association,
unless prior to the commencement of any additional ten year period
appropriate action is taken by West Hill-N-Park Fifth Filing Property
Owners Association to terminate the effect of the above Covenants .
Any such action taken by the West Hill-N-Park Fifth Filing Property
Owners Association shall be filed of record with the Weld County
Clerk and Recorder in a form which will substantially inform any
interested party as to the termination of the above Covenants.
23 . These Covenants may be enforced by the West Hill-N-Park
Fifth Filing Property Owners Association or by the owner or owners of
any lot in West Hill-N-Park Fifth Filing.
Fla# U068413A97
SECURITY TITLE GUARANTY CO.
110O10th Si,#302,Greeley, CO 80631,(970)356-3200
COMMITMENT
SCHEDULE A
Commitment No: U068413A97
1. Commitment Date: December 18, 1997 at 8: 00 A.M.
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy - Proposed Insured: $ THD
To Be Determined
3. Fee simple interest in the land described in this Commitment is owned, at the
Commitment Date by:
West Hill 'N Park, Inc. , A Colorado Corporation and
JER, A Colorado Partnership
4. The land referred to in this Commitment is described as follows:
SCHEDULE A PAGE 2 ATTACHED HERETO
PREMIUM:
Owner's Policy $ TBD
01/06/98 14: 19:16 jp 1c1615
vmycn
FJe# U06B413A97
SCHEDULE A - Page 2
Order No. U068413A97
A parcel of land located in the Southwest Quarter of Section 26, Township 5
North, Range 66 West of the 6th P.M. , being more particularly described as
follows:
Commencing at the Northwest Corner of said Southwest Quarter of Section 26, and
considering the West line of said Southwest Quarter to bear North 01'11'12°
West with all bearings hereing relative thereto,
thence along the North line of said Southwest Quarter North 89'30'59" East,
50.00 feet to the True Point of Beginning,
thence continuing North 89'30'59" East, 2307.50 feet;
thence South 18'40'20° East, 179.61 feet to a point on the North line of West
Hill n Park 1st Filing;
thence along the North line of West Hill n Park 1st and 4th Filings, South
89'30'03" West, 2361.46 feet to a point on the East right of way of 47th
Avenue;
thence along the East Right of Way of 47th Avenue, North 01'11'12° West,
171.29 feet to the Point of Beginning,
County of Weld,
State of Colorado.
(for informational purposes only) Vacant Land
Fils# U0d841J 37
•
• NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this commitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S. )
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
commissioners, the county clerk and recorder, or the county assessor.
File♦ U068413,s7
Form No. •1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
order No. 0068413A97
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(C) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
2. This Commitment is subject to such further Exceptions and/or Requirements as
may appear necessary when the name of the (Proposed Insured, Schedule A, Item
2A) has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.
39-22-604.5 (NONRESIDENT WITHHOLDING) .
Flle4 U06B413A97
Form No. 1344-82 (C0-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Order No. UO68413A97
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5. 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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
The final Title Insurance Policy (Policies) shall not and does not insure the
title to those fixtures, structures and like appurtenances which are not
assessed and taxed as real property by the county. No examination of the title
to the referenced fixtures, structures and like appurtenances has been made.
8. An Oil and Gas Lease, from Lester L. Axel and Walter Lewis Axel as Lessor(s)
to Aeon Energy Co. as Lessee(s) dated December 18,1981, recorded February 19,
1982 in Book 961 at Reception No. 1883486, and any and all assignments thereof
or interests therein.
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