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Home My WebLink About951284.tiffPLANNED UNIT DEVELOPMENT FLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. S 3-77 APPLICATION FEE ZONING DISTRICT (1V6 RECEIPT NO. DATE g -/Co -5 RECORDING FEE APPLICATION CHECKED BY 6.j RECEIPT NO. Oo 202 3o TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures.) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: The NW ,- of the SW ' of Section 29, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, except that part deeded to Weld County in instruments recorded January 1, 1983 in Book 985 as Reception Nos. 1913289 and 1913291. (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED PUD SUBDIVISION Continental View Pond P.U.D. EXISTING ZONING PUD NO. OF PROPOSED LOTS 5 TOTAL AREA (ACRES) 40.62 LOT SIZE: AVERAGE 2.51 MINIMUM 1.92 UTILITIES: WATER: NAME Left Hand Water District SEWER: NAME N/A Individual sewage disposal system GAS: NAME Rocky Mountain Natural Gas= PHONE: NAME U.S. West Communications ELECTRIC: NAME United Power Inc. DISTRICTS: SCHOOL: NAME St. Vrain Valley District (Frio attenrlan are') FIRE: NAME Mountain View Eire Protection District DESIGNER'S NAME Tuttle Applegate, Inc. PHONE 459-fir,ll ADDRESS 11990 Grant Street, Suite 410; Denver. CO 80233 ENGINEER'S NAME Tuttle Applegate, Inc. 451-6b11 ADDRESS 11990 Grant Street, Suite 410;Denver, CO 80233 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME Jack Olberding ADDRESS 825 Grape. Boulder, CO 8004 NAME John Widerquist ADDRESS 1328 Marigold Court iafayetty CO 80026 NAME Terry Henze ADDRESS 4816 Devonshire, Boulder, CO 80301 NAbD3 $ ADDRESS: Bill Bodell• 253fSdi₹Buchanan Ave.. Louisville, CO 80027 PHONE: 673-0667 APPLICANT OR AUTHORIZED AGENT PHONE 444-0326 PHONE 444-4405 PHONE 530-5588 NAME ADDRESS HOME TELEPHONE # BUSINESS TELEPHONE # I hereby depose and state under the penalties and plans submitted with or con a ned with' the best of my knowledge. COUNTY OF WELD ) ) SS STATE OF COLORADO) Signature that all statements, proposals, ation a _..true and correct to rized Agent Subscribed and sworn to before me this ,i' _47 of \T.0_,A C !v My Commission expires (X-1 _Oct . -- . NOTARY PUBLIr PHONE 951264 � EXN+Isit MONIMISI ThttleApplegate,Inc. Consultants for Land, Mineral and Water Development February 16, 1995 Ms. Gloria Dunn Weld County Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 RE: Continental View Pond PUD; Final Plan Submittal Dear Ms. Dunn: On behalf of Jack Olberding, John Widerquist, Terry Henze, and Bill Bedell we are submitting the Planned Unit Development Plan application for the Continental View Pond PUD. The following attachments are included in our submittal: - Original PUD application - Application fee of $1100 - (1) unbound original application materials packet - (24) bound copies of application materials packet - (10) Utility Plan Maps - (3) Drainage, Grading and Road Plan Maps - (3) Drainage and Grading Report - (3) Waterline Extension Plan Set - (1) Weld County Road Access Information Sheet If have any questions regarding this submittal package please call us at your convenience. Cordially, TUTTLE APPLEGATE, INC. Dave Jones DJ/sjr Encs. cc: File #93-174PA c"931 JQvuve {it390 Grant Street, Suite 410 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 951284 Application Item No. TABLE OF CONTENTS t PUD plan application 2. Certificate of Title 3 Public Dedications - Certificate of Title 4. Public Dedications - Warranty Deed 5. Weld County Certificate of Taxes 6. Certificate of Engineer Deed Restrictions 8. Improvements Agreement 9. Off -site Road Improvements Agreement 10. PUD Statement 11. Building Statement 12. Screening Statement 13. Open Space Statement 14. Open Space - Ownership/Maintenance 15. Homeowners Agreement/Covenants 16. Development Schedule 17. Financing Statement 18. Intersection of State Highway 19. Irrigation Ditch Company Agreements 20. PUD Area Suitability 21. Landowners within 500 feet Attachment A Attachment B See PUD Plat See PUD Plat Attachment C See Utility Plan Map Does not apply Attachment D Does not apply Attachment E Attachment F Attachment G Attachment H Attachment I Attachment J Attachment K Attachment L Does not apply Does not apply Attachment M Attachment N 951284 Application Item No. TABLE OF CONTENTS CONT. 22. Mineral Owners and Lessees of Mineral Owners 23. Sign Posting 24. House Illustrations 25. Utility Plan Map 26. Street Plans 27. Drainage and Grading Plan Map 28. Landscape Plan Map 29 Final PUD Plat Additional Attachments Wildlife Habitat Enhancement Plan Letter from Forest Service - Cost Sharing Attachment 0 No attachment required Attachment P Under separate cover Under separate cover* Under separate cover* Pocket Attachment Pocket Attachment Attachment Q Attachment R * Street plans and drainage and grading are illustrated on one map - Drainage, Grading, and Road Plan Map ii 951284 ATTACHMENT A PLANNED UNIT DEVELOPMENT PLAN APPLICATION Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado PHONE: 356-4000 Ext. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. ZONING DISTRICT DATE APPLICATION CHECKED BY APPLICATION FEE RECEIPT NO. RECORDING FEE RECEIPT NO. ADDRESS 11990 Grant Street, Suite 410;Denver- CO 802 FEE OWNERS OF AREA PROPOSED FOR PUD SUBDIVISION NAME Jack Olberdir(g PHONE 444-0326 ADDRESS 825 Gran. Boulder CO R0i(ld NAME JOhyj1� Widerquict PHONE 444-4401 ADDRESS 1378 Marigold (flirt I,f,yette ('O 80(ch NAME Terry Henze ' ADDRESS 4816Devonshire, Boulder, CO 80301 APPLICANT OR AUTHORIZED AGENT cif g V)URESS: Bill Bodell- -f dlitereni 'ciS Buchanan Ave.: 1 iisville, CO 80027 PHONE: 673-0667 than abdVie NAME ADDRESS HOME TELEPHONE # BUSINESS TELEPHONE d TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures.) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: The MY 1 of the SW 4 of Section 29, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, except that part deeded to Weld County in instruments recorded January 1, 1983 in Book 985 as Reception Nos. 1913289 and 1913291. (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED PUD SUBDIVISION Continental View Pond P.U.D. EXISTING ZONING POD NO. OF PROPOSED LOTS 5 TOTAL AREA (ACRES) 40.62 LOT SIZE: AVERAGE 2.51 MINIMUM 1.92 UTILITIES: WATER: NAME Left (land Water District SEWER: NAME N/A Individual sewage disuosat system GAS: NAME Rocky hbuntain Natural Gas•= PHONE: NAME U.S. West Connunications ELECTRIC: NAME United Power Inc DISTRICTS: SCHOOL: NAME St. Vraln Valley District (Frio nttenA,nee FIRE: NAME Mountain View Fire Protection ❑i ctri rt DESIGNER'S NAME Tuttle Applegate, Inc. PHONE ADDRESS 11990 Grant Street, Suite 410; Denver, CO R0'33 a5t a�.It ENGINEER'S NAME Tuttle Applegate, Inc. PHONE d 5 r_f,611 530-5588 PHONE I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or canted with b. s2,9 77ij"ation a true and correct to the best of my knowledge. COUNTY OF WELD ) ) S5 STATE OF COLORADO) Signature: . er or Autho�rize `d Agent Subscribed and sworn to before me this 1i'7 � day of �p_r(. Ct 194 5 '\ y My Commission expires NOTARY PUBLI art -Txt. \ 951284 a 7 F 1102 MARy0232 ANN 9FEUERSTEIN/94 CLERKO&1432 REC 5 RECORDER WELD Co. CO $5.00 1/001 AK J792Jr• WARRANTY DEED Till DEEO, Made this 14TH day of MMMCM, 1994 between Martha A. Willlas of the County of Weld and State of Col , grantor, and Jack L. Olberdln0 and John C. Widerquist and Terry A. Manse and Wllllam D. Modell when legal address le 3609 TAIL! Mi3A DRIVE, BOULDER, COLORADO 10103 of the County of Weld and State of Colorado, grantees, P7ett aspn• That the gr for and is eeaaidention of the mum of on evwDNED sr Two SNOW/Axe PITS Nuwnaro AND 00/100 ($112,900.00) Dollars, the rece.pt and eeeve yeasy ofYhwhich is hereby aohaewledg14, has granted bargained, sold and rantie, head br lllll and prefpesatnorewi�l. Mr"' real ervi•rtMory end eenrire neto the screens, if ay, eitwnta,tyag aa5 being is the pCemty of Weld ::d Coof evade, described a folleear The NW1/4 of the SW1/4 of Section 29, Township 2 North, Range 63 Wont of the 6th P.M., Weld County Colorado. Except that part deeded to Weld County in instruments recorded January 1, 1913 in Rook 963 as Reception No.'s 2913239 and 1913291. Tbgether with all mineral_ rights currently owned by Grantor and 1/4 share of Boulder ant weld Ditch Company and 1 share of tbdding Plumb and Dailey Ditch stock belonging, er in worries appertaining and the OE TOTEER with ell end singular the hereditament, end appurtenances thereto remainders, rents, leans. and profits thereof, and all the estate, frighrams t, title, interest, claim and dewed whatsoever of the grantor, either in law or equity, of in end to the obeys bargained praises, with the bereditasents and appurtenances. appTTOpOur'RAAVE AND O 1y15 the said premises sieve bargained and 0 ,bed with the \ieaele hue appurtenances, and his heirs and assigns t • And the himself, to and with the gperrson l\re Y sea and ail oes Covenantbargain,rfor ling and delivery yDgas, that at Ergrant, isof the and me, has good, sure, perfect, absolute and indafeaalble estate of idler! o sue, in law, is fee simple, and has good r , toll power and lawful authority to grant, bargain, all and convey the sass in manner end form as aforesaid, and that the same are free and clear from all terser sod other grants, barqaae.et, l, lleaa, aaaennseats, oembrasces and etrictices 'ef rhInd 9 1 tan for 1994 and subsequent reds, rota tsar, covenants, roedlttona, reservationsandrightsofway oeasfrecord, if any; restrictions, Inning_ rentr lctlm,s i1 any Lt 4 rrT HMENT B F9/vc.8y FEB 171994 STATE D0CU ENTART FEE Dale .3 '44./ i p,". is e gpiar• havleae dwid ll WARRANT AIM PO1EVER IMPEND the above-bargelsed promises all he ever, prase or pasaesaiee of the grantee, his heirs assigns, against all9end member se pirda thelawfully)1 claiming the whole or any part The leader Nall be apppplicable to ell gender.. the plural the singular, and the use of any IN WIENas. wlflkb► the grantor has cemented this deed em the date set forth above. 1!�ulffc i.%//r te444.aJ Martha A. Williams STATE OP COLORADO pwntj..p[ Weld ) se. The foregoing instrument wen acknowledged before me v,3 this 14TH day of MARCH, 1994 br My eommlnelon expires V675G o •er e tr•. • Witness my hand and official seal. 1002 11TH AVENUE f PUBLIC No. 932A. Rev. T-64 LONOMONT, COLORADO 110901 951284 STATE OF COLORADO COUNTY OF WELD 5 S S. CERTIFICATE OF TAXES DUE A ACHMENT TR NO. PARCEL NAME VENDOR NO. EXCEPT — *1993:. TAXES2 0 0 appears of record in the office, on the following described property, to -wit: I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sal s, as 5651086 62131329000069 WILLIAMS MARTHA A T.J'I"'r LE APPLEGATE l:::GGATE r11716 :.. -1 4cl .., TAX AUTHORITY WE::L..D COUNTY '4(2W WATER MOUNTAIN VIEW F LEVY 22.457 1.000 9.732 .._I::. NW4SW4. 19 2 68 r.:>C 0.134A DEEDED TO ELD CO1)1180 IN B 985 REC; 419:1.'.i19:l. 01/04/83 'IL.80 [XC 0..039A DEEDED TO WELD CO DESC IN 10985 REC 41913289 ti r t,'f TOTAL AMOUNT DUE FOR THIS PARCEL. IS $0,.00 TAX 21.56 96 9.34 TAX AUTHORITY LEVY SCHOOL. DIST IEC:l. 50..716 LEFT HAND WATER WELD LIBRARY 7_ „ 5(v, RECEIVED DEC 0 S TAX 48.70 :1., 1 This does not Include land or Improvements assessed separately unless specifically requested. Information Jr512®pe special taxing districts and the boundaries of such districts may be on file or deposit with the Board of County Commissioneregarding s, the County Clerk and Recorder, or the County Assessor. :1.99:3 'T'AXES PAID !b82.. !)(5al• 1�Ti��511J1`. Cit5'USTi►CE1'J T REP OF WELD COUY � J\l t By DEPUTY ATTACHMENT D CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 9 - IMPROVEMENTS AGREEMENT Exhibit A; Improvements Agreement According Policy Regarding Collateral for Improvements (Privately Maintained Roads) Exhibit B; Improvements Agreement According Policy Regarding Collateral for Improvements (Privately Maintained Roads) Original Exhibits A and B will be attached to Improvements Agreement when PUD is approved by the Board of County Commissioners. 951284 Continental View Ponds P1/D - Exhibit "A" Name of Subdivision: Continental View Ponds Filing: CONTINENTAL VIEW PONDS PUD Location: N.W. Corner of Weld County Roads 16-1/2 & 3-1/4 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the final subdivision plat of CONTINENTAL VIEW PONDS PUD Subdivision, dated in Book 1995, recorded on ,1995, Page No. ,Reception No. ithe following improvements. Improvements Water Line Mains to property lines of each lot Cul-de-sac (Lots 2,3,4,5) & Culvert (Lot 1) Gas Line extension to property line of each lot Landscaping & Wildlife Habitat Enhancement Improvements Total Estimated Costs for Engineering and Improvements Construction Cost $50,000 $6,000 $20,000 $15,000 The above improvements shall be constructed in accordance with all Weld County requirements and specifications, and conformance with this provision shall be solely by Weld Count, or it's duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". erquist BifYBedel ebruary 8, 1995 $91,000 951284 Continental View Ponds PUD - Exhibit "8" Name of Subdivision: Continental View Ponds Filing: CONTINENTAL VIEW PONDS PUD Location: N.W. Corner of Weld County Roads 16-1/2 & 3-1/4 Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of CONTINENTAL VIEW PONDS PUD Subdivision, dated ,1995, Book Reception No. Page No. following All improvements shall be completed within one year of the date of the approval e final plat with the exception of the wildlife enhancement plan, which will be completed wi ompetedwi hinthree years. Construction of the improvements listed in exhibit "A" shall be completed as follows: (NOTE: all times are taken from the date of the recording of the final approval of the plat) Improvements Completion Time Cul-de-sac grading & gravel base (Lots 2,3,4,5) 90 days Culverts 90 days Landscaping ** First phase of wildlife habitat to be done this spring **365 days (approx May 1), landscaping at front of lots will be done within 180 days of issuance of each individual building permit and wildlife habitat enhancement plan will be 100% complete within 3 years from the date of the recording of the final plat. Gas Line extension to property lines Water main extension to property lines 150 days 150 days Weld County, at its option, and upon request of the Applicant, may grant an extension of time for the completion of any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. 951284 ATTACHMENT E CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 10 - PUD STATEMENT The total area of the Continental View Pond PUD property is 40.629 acres plus or minus. The PUD District will consist of eight lots, which include five for residential use and two for open space and recreational use, and one for the private cul-de-sac. There will be five single family homes constructed within the PUD District, one on each of the five residential lots. Maximum lot coverage will be no greater than 10 percent of the total lot size. The total area of the five residential lots is 12.5 acres and, therefore, the maximum total lot coverage will be 1.25 acres. There will be no outside open storage areas for equipment, boats, recreational vehicles or automobiles. 951284 ATTACHMENT F CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 11 - BUILDING STATEMENT Five single family residences are proposed for the Continental View Pond PUD. Each residence will consist of a one single family home, one on each of the five residential lots. Each residence will be constructed with a minimum ground floor area of 1500 square feet and each structure within the PUD District will have a maximum building height of 30 feet. The Architectural Control Committee, made up of each of the five lot owners, will review each building proposed for the PUD. Prior to construction, the committee will provide a letter to the County indicating its approval of any proposed buildings. 951284 ATTACHMENT G CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 12 - SCREENING STATEMENT A wildlife enhancement plan has been developed for the site which will include plantings along the south, west, and northwest perimeter of the PUD property (see Attachment Q for details of the plan). In addition a planting design has been developed for the east and north perimeter of the property which is shown on the Landscape Plan Map. The plantings that are proposed for the site will maintain the rural character of the neighborhood, provide a natural setting, and will screen the view of the houses from the county roads. The landscape screening will also provide a buffer between the residential lots and the adjacent agricultural uses in the area. 951284 ATTACHMENT H CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 13 - OPEN SPACE STATEMENT One large open space and recreational outlot is planned for the Continental View Pond PUD. Outlot A is 23 acres in size and is over half of the total PUD property of 40.629 acres. Most of the open space outlot consists of a groundwater fed lake. There will be no direct access from the County Road system to the recreational outlot. The outlot will be privately used for recreation by the lot owners and will be maintained jointly by a home owners association. Outlot B, 1.1 acres, lies on the north side of Weld County Road 16 1/2 and adjacent to Boulder Creek. This parcel is reserved for dedication to Weld County for future use in a Boulder Creek open space system. Each of the 5 residential lots will consist primarily of open space with the exception of the building sites (a maximum 10 percent of the lot area) and access to each residence. 951284 ATTACHMENT I CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 14 - OPEN SPACE OWNERSHIP / MAINTENANCE Outlot A, designated for open space and private recreational use, will be owned and maintained jointly by a home owners association. Outlot B will also be owned and maintained jointly by a homeowners association until ownership of the parcel has been transferred to Weld County. The open space within each residential lot will be maintained by each individual lot owner. 951284 ATTACHMENT J CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 15 - HOMEOWNERS AGREEMENT/COVENANTS Articles of Incorporation of Continental View Pond Homeowners Association Declaration of Covenants, Conditions, and Restrictions for Continental View Pond Subdivision • Written Consent of the Initial Registered Agent 951284 ARTICLES OF INCORPORATION OF CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION The undersigned natural person, being the age of twenty-one years or more, acting as incorporator of a non-profit corporation under the laws of the Colorado Nonprofit Corporation Act, adopts the following Articles of Incorporation: ARTICLES I The name of this corporation (hereinafter referred to as the Corporation) shall be: Continental View Pond Homeowners Association. ARTICLE II The period of duration of the Corporation shall be perpetual. ARTICLE III The nature, object and purposes of the business to be transacted shall be as follows: The Corporation shall be non-profit and its object shall be to carry out exempt functions, such as acquisition, construction, management, preservation, maintenance and care of Association property. The Association is organized and established to administer and manage common areas and maintenance property under the control of the Association and to serve the best interests of its members. The Association shall operate a Common Interest Community located in Weld County, Colorado. In furtherance of the foregoing purposes, -the Association shall have and may exercise all of the rights, powers and privileges now or hereinafter conferred upon non-profit corporations organized under the laws of the State of Colorado. In addition, the Association may do everything necessary, suitable or proper for the accomplishment of any of its corporate purposes, including but not limited to the following: a) To exercise all the powers, rights, and privileges and to perform all of the duties and obligations of the Association as set forth in the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION as may be amended and as recorded in the records of Weld County, Colorado. b) To fix, levy and collect assessments and charges pursuant to the terms of the Declaration against members; to pay all expenses in connection therewith and incident to the conduct of the business of the Association; to maintain property of 951284 the Association and to use the proceeds of assessments in the exercise of its duties, powers and obligations. C) To fain c convey, hold, improve, build upon, operate, use or y, sell, lease, transfer, dedicate for public h connection wits with the affairs of the A sociation. e dispose of real or ersnal property in d) To enforce the provision of the above described Declaration, these Articles of Incorporation, the Bylaws of the Association and Rules and Regulations adopted by the Association. e) To dedicate, sell or transfer all or any portion of the common areas according to the terms of the Declaration. f) To participate in mergers and consolidations with other non-profit corporations organized for the same or similar purpose and annex additional property and common area according to the terms of the Declaration. g) To do any and all permitted acts and exercise any and all powers, rights and privileges which are granted to a Common Interest Community Association under the laws of the State of Colorado. ARTICLE IV The address of the initial registered office of the Association is 4816 Devonshire, Boulder, Colorado 80301 and the name of the initial registered agent at such address is Terry A. Henze. ARTICLE V Four members shall need not be members of being as follows: Terry A. Henze 4816 Devonshire Boulder, CO 80301 William D. Bedell 223 So. Buchanan Louisville, CO 80027 constitute the initial Executive Board who the Association their names and addresses Jack L. Olberding 825 Grape St. Boulder, CO 80304 John C. Widerquist 1328 Marigold Court Lafayette, CO 80026 ARTICLE VI Every person or entity who is a record owner of a Unit which is subject to assessment under the Declaration, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The 951284 Association shall be a nonprofit corporation, without shares of stock. ARTICLE VII The Executive Board shall have the authority and responsibility to adopt, amend or repeal by-laws, provided that such by-laws are consistent with these Articles of Incorporation. ARTICLE VIII These Articles of Incorporation may be amended by a vote of two-thirds of the entire membership. If there are no members, these Articles may be amended by a vote of two-thirds of the members of the Executive Board. The Declarant, under the Declaration of Covenants, Conditions and Restrictions, shall have the unilateral right, power and authority to modify, revise or amend these Articles if either the Veterans Administration or the Federal Housing Administration, or any successor agencies thereto require such action as a condition precedent to approval by such agency for federally approved mortgage financing purposes. ARTICLE IX To the fullest extent permitted by the Colorado Corporation Code, as the same exists or may hereinafter be amended, a member of the Executive Board of the Association shall not be liable to the Association or its members for monetary damages for breach of fiduciary duty as a member of the Executive Board. ARTICLE X To the fullest extent permitted by the Colorado Corporation Code, as the same exists or may hereinafter be amended, the Association shall have the power to indemnify the officers and members of the Executive Board of the Association. ARTICLE XI Asociation may be writingeand ssigned by not less than solved ttwo-thirds h the approval reach class of membership. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purpose. 951284 ARTICLE SIT The name and address of the Incorporator is: Terry A. Henze 4816 Devonshire Boulder, CO 80301 Dated: STATE OF COLORADO) COUNTY OF BOULDER) i I, hw `^ I A TNA rNs , a Notary Public in and for the said County in the tate aforesaid, do hereby certify that Terry A. Henze, being a resident of the State of Colorado, who is personally known to me to be the person whose name is subscribed to the annexed and foregoing Articles of Incorporation, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed, for the uses and purposes therein set forth, and declared that the statements therein contained are true. Given under my hand 1 S_ day of ss. My,commission expires: and seal this 1995 o9 P Notary Public�� 951284 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONTINENTAL VIEW POND SUBDIVISION PREAMBLE THIS DECLARATION, made on the date hereinafter set forth, by Terry A. Henze, Jack L.Olberding, William D. Bedell and John C. Widerquist, hereinafter referred to as "Declarant" and the undersigned Owner of certain property subject to this Declaration. WHEREAS, Declarant is the owner of certain real property located in the County of Weld, State of Colorado, hereinafter referred to as "Properties" and as more particularly described on Exhibit A attached hereto and incorporated herein by reference; and, WHEREAS, Declarant has previously annexed and subdivided property within the County of Weld, a portion of the real property described on Exhibit A as Continental View Pond Subdivision; NOW THEREFORE, Declarant hereby declares that the Properties described herein shall be held, sold, and conveyed subject to the following easements, covenants, conditions, restrictions, use and obligations, all of which are to be for the purpose of protecting the value and desirability of the Properties described and which shall be binding upon all persons having any right, title or interest in the described Properties or any part thereof, their heirs, grantees, successors, representatives and assigns and shall inure to the benefit of each owner thereof and that the common interest community formed hereunder shall be formed as a planned community. ARTICLE I Definitions As used in this Declaration, unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.01 "ASSOCIATION" shall mean CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION, INC. a Colorado Non-profit Corporation, its successors and assigns. 1.02 "BYLAWS" shall mean any instrument which is adopted by the Association for the regulation and management of the Association, including any amendments to these instruments. 1.03 "COMMON AREAS" shall mean that portion of the Properties described (including all improvements thereon) owned or to be owned by the Association upon which the Association has responsibility for maintenance as more fully described on Exhibit B attached hereto and incorporated herein by reference or which is included as Common Area in a later amended Declaration for the Association. 951284 c) 1.04 "DECLARANT" shall mean Terry A. Henze, Jack L.Olberding, William D. Bedell and John C. Widerquist, their successors or assigns, if such successors or assigns shall acquire any portion of the Properties described for the purpose of development and be designated by the Declarant or a successor Declarant, as a Declarant by a duly recorded written instrument. Any such written designation by the Declarant may include the right of redesignation by such successor or further successors. 1.05 "DECLARATION" shall mean this Declaration of Covenants, Conditions and Restrictions of Continental View Pond Subdivision as may be amended from time to time. 1.06 "DEVELOPMENT RIGHTS" means any right or combination of rights reserved by Declarant hereunder including the following: a) To add real property to be covered under the terms of this Declaration; b) To create additional units, Common Areas within the real property covered under the terms of this Declaration; To withdraw real estate from being subject to the terms of this Declaration. 1.07 "EXECUTIVE BOARD" shall mean the Executive Board of the Association, duly elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided or provided in this Declaration. 1.Os "FIRST MORTGAGEE shall mean any partnership, trust, company, association, or other legal entity which owns, holds, insures or is a governmental guarantor of a mortgage or deed of trust, which mortgage or deed of trust is a first and prior lien encumbering a Lot or Parcel within the Properties described. 1.09 recorded subdivision 1plat or ateream ndedyplats of as Subdi iV'si no asr to anlot of lnd shown upn na subdivided lot within the Properties and which is subject to this Declaration, with the exception of the Common Areas, Maintenance Property, public streets or other public property. Lot shall include any Dwelling Unit or structure constructed thereon. 1.10 "MEMBER" shall mean all those who are members of the Association as provided in this Declaration. 1.11 "PROPERTIES" shall mean the entire real property and the improvements located thereon as more fully described on Exhibit A attached hereto. 1.12 "SECURITY INTEREST" means an interest in real estate or personal property created by contract or conveyance which secures payment 951284 or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 1.13 "SPECIAL DECLARANT RIGHTS" means rights reserved for the benefit of Declarant to complete improvements indicated on plats and maps filed with the Declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estatewhichmay be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 1.14 "UNIT" means a physical portion of the common interest community which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the recorded subdivision plats within the Properties. 1.15 "UNIT OWNER OR OWNER" means the declarant or other person who owns a Unit, but does not include a person having an interest in a Unit solely as security for an obligation. The Declarant is the owner of any Unit created by the Declaration until that Unit is conveyed to another person. ARTICLE II Property Rights 2.01 Owner's Easements. Every Unit Owner shall have the nonexclusive right and easement of use and enjoyment in and to any Common Areas related to this Declaration (hereinafter referred to as Common Areas) and improvements thereon, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a) The right of the Executive Board to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas or Maintenance Property; b) The right of the Association through its Executive Board to make such use of the Common Areas or Maintenance Property as may be necessary or appropriate for the performance of its duties and functions which it is obligated or permitted to perform under this Declaration; c) The right of the Executive Board, in its sole discretion, to grant easements and rights of way on, across, under and over the Common Areas or Maintenance Property to any entity providing 3 951284 water, sewer, gas, electricity, telephone, cable television, or other similar service to the Properties; d) The right of the Executive Board to make reasonable rules and regulations regarding the use and upkeep of the Common Areas or Maintenance Property and facilities located thereon; e) The right of the Executive Board to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. f) The right of the Association to close or limit the use of the Common Areas or portions thereof for any reasonable purpose. 2.02 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws and the adopted Rules and Regulations of the Association, his or her right of enjoyment of the Common Areas or Maintenance Property to members of his family, his tenants, contract purchasers or guests. All Owners shall comply strictly with and cause all family members, tenants, purchasers or guests to comply with this Declaration, the Articles of Incorporation, the Bylaws of the Association, and the decisions, rules, regulations and resolutions of the Association. Each Owner shall be fully responsible for the actions of their guests. 2.03 Conveyance of Common Areas. By recording the Plat of Continental View Pond Subdivision or upon recording of subsequent plats of the Subdivision, Declarant has designated certain areas as Common Areas which are not dedicated to the public but are to be dedicated to common use and enjoyment of the Owners, their guests and assigns. The Declarant hereby covenants that it will convey fee simple title to the Common Areas to the Association prior to the issuance of a certificate of occupancy for a lot. 2.04 Lease of Property. Any Owner shall have the right to lease his or her property with the condition that any lessee shall be bound by all terms and conditions of this Declaration, the Articles of Incorporation, the Bylaws of the Association and the decisions, rules and regulations of the Association. 2.05 Right to Encumber. There are no restrictions on the right of an Owner to mortgage or otherwise encumber his or her property and there is no requirement for the use of a specific lending institution or particular type of lender or particular type of financing with respect to the Properties. ARTICLE III Membership - Association 3.01 General Purposes and Powers. The Association, through the Executive Board, shall perform management functions as provided in this 4 951284 Declaration. Any purchaser of a Unit or a parcel within the Properties shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all the power necessary or desirable to effectuate such purposes. 3.02 Articles and Bylaws. The purposes andpowersof the Association and its rights and obligations set forth in this Declaration -may be amplified by provisions of the Articles of Incorporation and Bylaws of the Association. In the event either the Articles or Bylaws conflict with the Declaration, the Declaration shall control. In the event the Articles conflict with the Bylaws, the Articles shall control. 3.03 Membership. Every record Owner of a fee interest in any Unit which is subject to an Annual Assessment or any record owner of a Parcel located in the Properties which is subject to an annual assessment, shall be a Member of the Association, including contract sellers; provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member. Record ownership of a Unit or Parcel shall be the sole qualification for such membership. Where more than one person holds interest in any Unit, all such persons shall be Members in proportion to their share of ownership in the Unit. If only one of the multiple Owners is present, such Owner is entitled to cast the entire vote for such Unit. If more than one Owner is present, the vote for such Unit may be cast only in accordance with the agreement of a majority in interest of the Owners with a majority agreement in existence if one Owner casts the vote without protest being made promptly by any of the other Owners of said Unit. 3.04 Voting Interest. The Association shall have one class of voting memberships. Members shall be all Owners and shall be entitled to one vote for each Unit owned. The vote for such Unit, the ownership of which is held by more than one Owner, shall be exercised as they determine between themselves. Should the joint owners be unable, within a reasonable time, to agree upon how they will vote any issue, they shall be passed over and the right to vote on such issue shall be lost. In no event shall more than one vote be cast with respect to any one Unit. Each Unit shall have allocated to it a percentage of the expenses of the Association and voting interest equivalent to one Unit in relation to the total number of Units in existence at such time of assessment or vote. Units owned by Declarant shall not receive any special benefit relating to assessments or voting rights. As additional Units are added so as to be covered by this Declaration, each Unit's obligation for assessments and related to voting rights shall be proportionately reduced. 3.05 Reservation. Notwithstanding the foregoing voting rights, Declarant reserves the right to appoint the Executive Board of the Association until the occurrence of one of the following events: a) Within sixty (60) days after conveyance to Unit Owners other than Declarant, of twenty-five percent (25%) of the units that may be created, at least one member and not less than 5 951284 b) Within sixty (60) days after conveyance to Unit Owners other than Declarant of fifty percent (50%) of units that may be created, not less than thirty-three and one-third percent (33-1/3%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. twenty-five percent (25%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. c) Within sixty (60) days after conveyance to Unit Owners other than a Declarant, of seventy-five percent (75%) of the Units which may be created within two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business or within two (2) years after any right to add new units was last exercised, all members of the Executive Board must be elected by Unit Owners and no members may be appointed by Declarant. In addition, Declarant may voluntarily surrender the right to appoint members of the Executive Board, but in such event, may continue to require Declarants approval for certain specified actions as described in a recorded instrument executed by Declarant at such time. For the purposes of this Declaration, the maximum number of units which shall be subject to the provisions hereunder and which the Declarant reserves the right to create shall be five. Declarant reserves the right at any time within ten (10) years from the date this Declaration is recorded, to add additional real property to this common interest community. Said additional real property is not described hereunder but shall not exceed ten percent (10%) of the total area described on Exhibit A attached hereto. 3.06 Indemnification. The Association shall indemnify every director, officer, agent or employee, and any former director, officer, agent or employee against loss, costs, and expense, including reasonable attorney fees incurred in connection with any action, suit, or proceeding in which such person may be made a party by reason of being, or having been such director, officer agent or employee of the Association or Executive Board. This indemnification shall not apply to acts where such person is liable for gross negligence or fraud. Any such indemnification may only be paid out of the insurance coverage furnishing Officers and Directors of the Association errors and omissions insurance coverage or similar coverage. All payments or settlements of this indemnification shall be limited to the actual proceeds of insurance policies received by the Association, however, any deductible shall be paid by the Association. Said indemnification shall not apply to any managing agent hired by the Association as an independent contractor. 3.07 Riahts of the Association. 6 951284 a) Association as Attorney -in -Fact for Owners: The Executive Board is hereby irrevocably appointed attorney -in -fact for the Owners, and each of them, to manage, control and deal with the interest of such Owner so as to permit the Association to fulfill all of its duties and obligations hereunder. The Executive Board is granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate in order to accomplish its purposes under this Declaration. b) Contracts, Licenses and Other Agreements: The Executive Board shall have the right without the consent of Owners or First Mortgagee to enter into or grant contracts, easements, licenses, leases and agreements, concerning the use of Common Areas and Maintenance Property and any improvements located thereon. c) Implied Rights: The Executive Board shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably implied from the provisions of this Declaration, or given or implied by law, including those established by the Colorado Common Interest Ownership Act, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. ARTICLE Iv Assessments 4.01 Creation of the Lien and Personal Obligation of the Assessment. The Declarant for each Unit owned, within the Properties, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association an Annual Assessment, and Special Assessments to be established and collected as provided hereinafter. The Annual and Special Assessments created and defined in this Declaration, together with late fees, individual assessments, interest, costs, and reasonable attorneys fees shall be a charge on the Unit they are levied against and shall be a continuing lien upon the property against which each such Assessment is levied until such Assessment or charge, together with any late fees, costs of collection, and attorneys fees are fully paid. Each such Assessment, together with late fees, interest, costs and reasonable attorneys fees shall also be a personal obligation of the person who was the Owner of such Unit or of the persons jointly and severally, who were the Owners of such Unit at the time when the Assessment became due and payable. The personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by them. 4.02 Purpose of the Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Properties and the Members of the Association. In addition, said Assessments may be used for the maintenance, repair and improvement of the Common Area and landscaping thereon, for payment of management fees, payment of insurance 7 951284 premiums, payment of legal, accounting and other professional services provided for the benefit of the Association, maintenance of an adequate reserve fund for repair and maintenance of Common Areas and for other expenses incurred by the Executive Board for the benefit of the Association and its members. Also, the Assessments may be used for any other purpose reasonably necessary to implement the purposes described herein. 4.03 Annual Assessments. a) Annual Assessment for Common Expenses. An Assessment for common expenses shall be levied and assessed annually by the Executive Board against each owner of a Unit within the Subdivision. Said Assessment may include the establishment and maintenance of a reserve fund for the maintenance, replacement, reconstruction and repair of those portions of the Common Areas which the Association has a duty to replace, repair, maintain and/or reconstruct on a periodic basis. b) Levy of Assessments. At least thirty days prior to the close of the Association's fiscal year, the Executive Board shall determine subject to the provisions of this Declaration, the Annual Assessment which is payable by each Unit. The Annual Assessment may be later adjusted upon a finding of necessity by the Executive Board, but no more than twice in any one year. Written notice of any such Assessment or adjustment shall be sent to every Owner as such Owners are listed in the records of the Association. The omission or failure of the Board to levy any Assessment or fail to send notice shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay the Assessment. c) Non -exemption. No Owner or any person obligated to pay an Assessment may waive or otherwise escape liability for any Assessments provided for herein by non-use of the Common Areas and Maintenance Property, abandonment of his or her Unit, or by any other action. 4.04 Maximum Annual Assessment. a) Until the second annual assessment period, the maximum Annual Assessment shall be $500.00 per Unit. b) From and after the second annual assessment period, the maximum Annual Assessment may be increased each year not more than twenty percent (20%) above the maximum Assessment for the previous year. c) On an annual basis, after consideration of current maintenance costs, the current financial situation and future needs of the Association, the Executive Board shall fix the Annual Assessment at any amount not in excess of the maximum Assessment allowed 8 951284 under this section without any voting or approval requirements of the Members. d) The maximum Annual Assessment may be increased above that allowed in paragraph "b" of this section by a vote of at least fifty-one percent (51%) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.05 Special Assessments. In addition to the Annual Assessments authorized above, the Executive Board may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any of the Common Areas or other capital improvements of the Association, provided that any such Assessment shall have the assent of at least sixty-seven (67%) percent of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. This requirement shall not apply to expenditures made by the Executive Board for repairs in the event of damage or destruction as set forth in Article VII of this Declaration. 4.06 Uniform Manner of Assessment. All Annual Assessments and Special Assessments must be fixed at a uniform rate for all Units. In addition, at the option of the Executive Board, any Assessment, either Annual or Special, may be collected on a monthly or quarterly basis. 4.07 Date of Commencement of Assessments; Prorations; Due Date. The Annual Assessment provided for herein shall commence as to all Units at the time established by the Executive Board. The Annual Assessment shall be due and payable on an installment basis as determined by the Executive Board. Special Assessments shall be due and payable in a manner as established by the Executive Board but may be payable on an installment basis, as so determined by the Executive Board. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an Officer of the Association setting forth whether the Assessments on a Unit have been paid or the amount of Assessment currently owing with respect to a Unit. The Association, the Executive Board, the Officers and the Members shall have no liability for any inaccurate information supplied under this paragraph other than as specifically set forth in C.R.S. 38-33.3-317(8). 4.08 Non-payment, Remedies of the Association. a) All types of Assessments shall become delinquent unless paid by the due date. If any such Assessment is not paid by the due date, the Owner obligated to pay such Assessment may be required to pay a reasonable late fee, as determined by the Executive Board. Any Assessment not paid within thirty (30) days after the due date, shall bear interest from the due date at the rate 9 951284 of 18% per annum. The failure to make payment within sixty days of the due date thereof shall cause the total amount of such Owner's Annual Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Executive Board, without further notice. b) The Association may bring an action at law or equity against the Owner obligated to pay the Assessment or undertake any other remedies allowed by law. In the event it shall become necessary for the Executive Board to collect any delinquent Assessments in any manner, the delinquent Owner shall pay, in addition to the Assessment, interest and late fees as herein provided, all costs of collection including reasonable attorneys fees and costs incurred by the Association. c) The Association is hereby granted a continuing lien against an Owner's Unit for payment of any Assessment which the Owner fails to make as required by this Declaration. Such lien shall attach at the time of levy of the Assessment and continue until such Assessment, together with all late fees, interest and costs of collection,including reasonable attorneys fees are paid in full. The lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Unit. The lien hereunder may be foreclosed upon by the Association as provided by the laws of the State of Colorado for foreclosure of mortgages and deeds of trust on real property or as provided by the Colorado Common Interest Ownership Act. The Association shall have all rights in this regard as provided by the Colorado Revised Statutes. Subject to the rights of a first mortgagee, except as such rights are modified by the Colorado Common Interest Ownership Act; except as such rights if a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Dwelling Unit, the Executive Board may take possession and rent said dwelling Unit or apply for the appointment of a receiver for the Dwelling Unit without prior notice to the Owner. In the event an Owner is in default on any obligation secured by an encumbrance on a Unit in the subdivision, the Executive Board, at its option, may pay the amount due on said obligation and shall have a lien for said amount against the Unit which lien shall attach in the manner as provided for unpaid Assessments. d) The lien of all Assessments created and defined by the Declaration shall be superior to any homestead exemption as is now or may hereafter be provided by Colorado or Federal law. The acceptance of a deed to a Lot or Unit subject to this 10 951284 Declaration shall constitute a waiver of the homestead exemption as against such lien described hereunder. e) In the event any lien is required to be filed and released to enforce collection hereunder, all costs of preparation, filing and release shall be paid by the Owner as a cost of collection. 4.09 Reconstruction Assessments. In accordance with Article VII of this Declaration, the Association shall have the authority to impose and levy a Reconstruction Assessment against all Units for reconstruction of Common Areas or Maintenance Property and for payment of insurance premiums. Said Assessment shall be prorated among Owners in the same manner and proportion as the Annual Assessment. ARTICLE V Architectural Control Committee 5.01 Approval of Improvements Required. No improvement shall be constructed, erected or maintained upon the Properties, other than construction performed by Declarant, without the specific approval of the Architectural Control Committee, hereinafter known as the ACC. Improvements requiring approval of the ACC shall include the construction, reconstruction, remodeling, addition to or alteration of the exterior of any Dwelling Unit or any exterior structure located upon the Properties; the demolition or destruction, by voluntary action, of any Dwelling Unit, structure or other improvement located upon the Properties; the grading, excavation, filling or similar disturbance of the surface of the land including the removing of trees, retaining walls and any change or alteration of any previously approved improvement, including anychange of exterior appearance, color or texture. Landscaping and fences shall be controlled by the provisions of this Declaration and variances to said provisions will not be granted except as specifically allowed under the terms of this Declaration. 5.02 Members of ACC. The ACC shall consist of three persons. Declarant shall have the right to appoint and reappoint the members who need not be Owners, until all lots within the subdivision have been transferred from Declarant. In addition, Declarant may terminate its right of appointment by providing written notice to the Executive Board or the Secretary of the Association. Thereafter members shall be appointed by the Executive Board for three year terms except terms for the initial ACC appointed by the Executive Board shall be one year for one member, two years for one member and three years for one member. All members appointed by the Board to the ACC must be Owners and shall be entitled to reasonable compensation for their service as approved by the Executive Board. 5.03 Procedure for Approval. Prior to commencement of work on an improvement as defined in this Article, the applicant desiring such improvement shall submit to the ACC, plans showing the location of the structures and improvements, and showing all aspects of the proposed 11 951.264 improvements together with the proposed colors and materials for fences, roofs and exteriors; and any additional plans or information requested by the ACC. In addition, the Applicant shall pay any review fee established by the Executive Board. The ACC shall have the right to inspect the premises prior to approval and during and after completion of construction. Until receipt by the ACC of all required materials and the review fee in connection with the proposed improvement, the ACC may postpone review of the request. No improvement defined under this Article shall be constructed, erected, altered or maintained within the Properties until the final plans and specifications therefore have received written approval by the ACC as herein provided. 5.04 Decision of ACC. The decision of the ACC shall be made within sixty (60) days after receipt of all materials and plans required to be submitted to the ACC. The decision shall be in writing and, if the decision is not to approve a proposed improvement, the reasons therefor shall be stated. The decision shall be promptly mailed to the applicant at the address furnished by the applicant. A majority vote of the ACC shall constitute action by the ACC. In the event of a tie vote, the request shall be treated as having been denied. 5.05 Criteria for Approval. The ACC shall have the right to disapprove any application which is not suitable or desirable for aesthetic or other reasons, and the ACC shall have the right to take into consideration the suitability of the proposed improvement, the materials of which it is to be built, the color, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land, the effect of the proposed improvement on adjacent or neighboring property, and if the improvement is in accordance with all of the provisions and intent of this Declaration and any design guidelines adopted under Section 5.11 hereinafter set forth. The application may be rejected if the plans and specifications submitted are incomplete. The ACC may condition its approval of any application upon such terms, conditions and changes as the ACC may deem appropriate. 5.06 Failure of ACC to Act on Plans. Any request for approval of a proposed improvement shall be deemed approved, unless written disapproval is mailed to the applicant within sixty (60) days after the date of receipt by the ACC of all necessary materials as determined by the ACC. This manner of approval may be appealed to the Executive Board by any Owner in the same manner as set forth in term 5.6 above. Any failure of the ACC to act under this Section shall not be deemed a waiver of any right to withhold approval or consent for a similar proposal submitted in the future. 5.07 Noncompliance. If the Board or ACC finds that any improvement has been done without obtaining the necessary approval under this Article, or was not done in compliance with the plans and specifications furnished by the applicant, the applicant shall be notified in writing of the noncompliance. Upon receipt of said notice, the applicant shall remedy or 12 951284 remove the improvement or portion which is in noncompliance within fifteen (15) days of the date the written notice of noncompliance was mailed. The applicant may appeal a notice of noncompliance within ten (10) days of the mailing of the notice by filing a written request for review with the Executive Board. Upon receipt of said written notice of review, the Board shall decide as soon as reasonably possible whether there has been noncompliance, with the decision of the Board being binding on all parties. In reviewing the matter, the Board may review any information it deems pertinent and request that any additional materials be supplied for its review. In the event the applicant or any owner fails to remedy any noncompliance, the Board may take any and all steps it deems necessary to effectuate such a remedy or to remove the noncompliance including all rights under law. The Board may remove the noncomplying improvement from :the property and assess the costs of removal against the owner. In addition, the Board may, at its discretion, levy a fine or individual Assessment against said owner for all costs and expenses incurred, including reasonable attorney fees in the matter or in the removal of any noncomplying improvement. 5.08 No Implied Waiver. No action by the ACC or by the Executive Board shall constitute a waiver or be binding with respect to future action by the ACC or the Executive Board under this Article. Specifically, no approval or failure to act by the ACC or the Board with respect to any improvement shall be deemed a waiver of any right to withhold approval or consent for any other proposed improvement or for any other similar proposals. 5.09 Nonliability for Committee Action. No member of the ACC, nor any member of the Executive Board nor the Declarant shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the ACC or Executive Board unless it be due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the ACC shall not be responsible for reviewing, nor shall its approval of an improvement or plan be deemed approval from the standpoint of safety, or imply that said improvement is in conformance with building codes or other governmental laws or regulations. 5.10 Architectural Standards/Design Guidelines. The ACC has the authority to promulgate rules and regulations to interpret and implement the provisions of this Article. The rules and regulations may contain guidelines which will clarify the types of designs and materials that will be considered in design approval. All improvements proposed to be constructed as defined and described in this Article shall be constructed in accordance with any Design Guidelines adopted and also in accordance with the procedures set forth in this Article. 13 951284 ARTICLE VI Restrictive Covenants 6.01 Use of Properties. Each and every Lot or Unit within the Properties shall be used for single family residential purposes only, together with such accessory uses as are allowed by law, unless a later recorded Declaration for a subdivision approved after the recording of this Declaration within the Properties allows for a different use. All buildings or structures erected upon the Properties shall be constructed on site, and no buildings or structures shall be moved from other locations onto said premises. No temporary building or other temporary structures, trailers, basements, tents, shacks, barns, or outbuildings shall be erected, used or permitted to be kept or stored on any portion of the Properties for any period of time, except as specifically allowed in this Declaration, or except as utilized by Declarant or the assigns or lessees of Declarant. 6.02 General Restrictions. None of the Properties shall be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any Unit or any resident thereof and no billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on the Properties except as allowed under Section 6.03 hereafter. 6.03 Signs. Except as otherwise provided hereafter, no advertising signs (except one "For Rent" or "For Sale" sign per Unit of not more than six square feet), shall be erected, placed or permitted to remain on the Properties. Signs identifying the development or the individual subdivision may be placed in such locations and in such sizes as Declarant deems appropriate. The foregoing covenants shall not apply to the business activities, signs and billboards or the construction and maintenance of buildings and improvements, if any, of Declarant, its agents, contractors and assigns during the construction, sale and rental period. Any house numbers or other signs identifying Units and their occupants shall be a maximum of one square foot in area per character. 6.04 Storage. All clotheslines, garbage cans, service yards, storage piles or similar stored items shall be kept screened by adequate vegetation or fencing so as to conceal them from view of neighboring residences. No trash, litter, junk containers, bottles or cans shall be permitted to remain exposed on the Properties so as to be visible from neighboring Lots or Units or from the street. No outside storage of vehicle shells, junk vehicles, tractors, implements, other heavy machinery, shall be allowed on the Properties. Storage tanks of any type shall not be erected or permitted on the Properties. 6.05 Antennae. No satellite dishes with a diameter larger than eighteen (18) inches or like apparatus and no exterior television or radio antennae of any sort shall be placed, allowed or maintained upon any portion of the improvements or land anywhere on the Properties. 14 951.284 6.06 Recreational Vehicles. All trailers, detached campers, boats or mobile homes which are parked or stored on any Unit shall be kept inside an enclosed garage or structure. 6.07 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on the Properties except that two (2) dogs or two (2) cats over the age of eight weeks or other household pets may be kept. No animals, including household pets, shall ever be kept for any commercial purpose. Dogs and other household pets shall not be allowed to run at large within the Common Areas. In the event an Owner or other person allows an animal to cause a nuisance to other residents, then the Board shall have the right, at its option, to declare a violation of these covenants and to take any appropriate steps allowed under this Declaration to remedy the situation. 6.08 Nuisances and Hazards. No nuisances shall be allowed on the Properties, nor any use or practice which is a source of annoyance to "residents or which interferes with the peaceful enjoyment or possession of the Properties. All of the Properties shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate nor shall any fire hazard be permitted to exist. No owner shall permit any use of his property which will increase the rate of insurance for any of the surrounding areas. In the event a Unit isdamaged, an Owner of such Unit shall repair such damage within 120 days unless the Executive Board grants a longer time period. 6.09 Prohibited Uses. No unlawful use shall be permitted or made of the Properties or any part thereof. All laws, ordinances and regulations of all governmental bodies having jurisdiction shall be complied with. 6.10 Construction Facilities. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant, its agents, employees and contractors to maintain during the period of construction and sale of the Lots and Units, upon such portion of the Properties as Declarant may choose, such facilities as in its sole opinion may be reasonably required, convenient or incidental to the construction and sale or rental of Lots and Units including, without limitation, a business office, storage area, construction yard, signs, model units, sales office, construction office, parking areas and lighting. 6.11 Design Specifications. The following specifications shall be required for all structures located on the Properties and must be met in addition to obtaining any required approvals from the ACC and conforming with design guidelines adopted under Section 5.11. A. Building Sizes. Each residence must contain a minimum of 1800 square feet of finished living space plus a minimum of a three car garage which may be detached. B. Exterior Materials. Exterior materials shall be limited to a minimum of ten percent (10%) of exterior wall surface of masonry brick, stone or stucco. No composite siding, (for example, masonite) 15 951284 ' shall be utilized without specific approval of the ACC and natural wood sidings are encouraged. All buildings and improvements on a lot must be of similar architectural design and styling with all colors and materials to be in harmony with those originally utilized in the construction. C. Additions. Lanais, trellises, hot tubs, gazebos, solar collectors, greenhouses, -and other major structural improvements shall match and be compatible with materials used in construction of the original residence. Any addition must be within required building setbacks and approved by the ACC. In addition, all such features must be specifically approved by the ACC under the procedure set forth in this Declaration. D. Storage Sheds. Detached storage sheds shall not be permitted on any Lot within the Subdivision. Attached storage sheds will be permitted if they match design materials and color of the residence and are specifically approved by the ACC as to design and location. 6.12 Illumination of Buildings and Grounds. Exterior illumination of houses, yards, garages, driveways and streets shall be limited to that reasonably necessary for security and safety, and lighting shall be oriented so as not to shine on any other property. - 6.13 Lot Size. No Lot may be further subdivided from that existing at the time this Declaration is recorded, except by Declarant. ARTICLE VII Insurance 7.01 Coverage. The Executive Board shall at it's option, obtain and maintain at all times to the extent obtainable, insurance policies relating to the Common Areas and other property of the Association. Said policies shall be written with companies licensed to do business in the State of Colorado. The Executive Board and the Declarant shall not be liable for failure to obtain any coverages required if such failure is due to the unavailability of such coverages or if such coverages are available only at unreasonable cost. If requested in writing by an Owner or a first mortgagee, the Executive Board shall furnish a certificate of insurance or notices of termination of coverage or changes in coverage. ARTICLE VIII Property Ownership and Use 8.01 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision plat. No action shall be taken or use made of the easement area which damages or interferes with the installation and maintenance of 16 951284 1 utilities or which obstructs or interferes with the flow of water through drainage easements. Each Unit shall be subject to an easement for the benefit of the Association for the purpose of maintenance and repair and to meet any other purposes and requirements set forth in this Declaration. In addition, an easement is granted to all police, fire and other emergency agencies to enter onto any portion of the Properties in the performance of their duties. All easements created herein shall be deemed appurtenant to the Unit they affect and all conveyances or other instruments affecting title shall be deemed to grant and reserve the easements provided herein even if no reference to such easement is made in said conveyance or instrument. 8.02 Declarant's Easements. Anything to the contrary herein notwithstanding, the Declarant and/or its agents hereby reserve reasonable easements and rights -of -way over all Common Areas and Lots or Units not yet conveyed for the sole use of constructing improvements to the Properties and Units therein. This reservation shall terminate upon the completion of all the improvements to the Properties. 8.03 Condemnation. In the event of a proceeding in condemnation of any Common Area by any authorized governmental authority then the proceeds from such condemnation attributable to said Common Area shall be distributed to the Executive Board for repair of the Common Areas after condemnation and at the discretion of the Board, the balance remaining shall be distributed to all Owners in the same proportion as the Annual Assessments are assessed. When condemnation occurs, either to a Common Area or to other area within the Properties and such area is subject to a mortgage or deed of trust, the proceeds payable hereunder shall be distributed by checks made jointly payable to Owners and holders of first deeds of trust on the Units. ARTICLE IX General Provisions 9.01 Enforcement. The covenants, conditions and restrictions herein contained and amendments made hereunder shall run with the land and be binding upon and inure to the benefit of the Association, the Declarant and property Owners and may be enforced as provided hereinafter. Violation of these protective covenants shall give the Association, the Declarant or the Owners, or any of them, the right to bring proceedings in law or equity against the party or parties violating or attempting to violate any terms of this Declaration, the Articles of Incorporation and Bylaws of the Association, to enjoin them from so doing, to cause any such violation to cease or to recover damages resulting from such violation. In any legal or equitable proceeding to enforce the provisions hereof or to enjoin any violation, the party or parties against whom judgment is entered shall pay the attorney's fees of the party or parties for whom judgment is entered. Such remedies shall be cumulative and not exclusive. 17 951284 Notwithstanding the foregoing, except as specifically modified by the Colorado Common Interest Ownership Act, it is understood that the breach of any of this Declaration shall not defeat or render invalid the lien of any mortgage made in good faith and for value, provided, however, the covenants, conditions and restrictions shall at all times remain in full force and effect against said premises or any part thereof notwithstanding any foreclosure of any mortgage. No assent, expressed or implied, to any breach of any one or more of the covenants, conditions and restrictions shall be deemed to be a waiver of any succeeding or other breach. 9.02 Damages. An Owner shall be liable and responsible for payment of any loss or damage to any person or property caused by the act or negligence of the owner or such Owners guests which occurs within the Properties or any common area. Any such loss or damages together with reasonable attorney fees and costs of collection may be recovered from the Owner by means of a fine, an individual Assessment or any other legal means. 9.03 Duration. The covenants, restrictions and reservations set forth in this Declaration, unless properly amended shall run with and bind the entire described Properties, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. In the even any of these covenants, restrictions and reservations would be held to be void because they are in violation of the rule against perpetuities or similar rule of law, these covenants shall then continue to be in effect for a period of twenty-one (21) years after the death of the last surviving descendant of Bill Clinton, President of the United States at the time of recording of this Declaration. 9.04 Amendments. Except for amendments by Declarant as allowed herein, this Declaration may be amended only by execution of a written document by the Owners of not less than fifty-one percent (51%) of the Units actually in existence at the time of such amendment. Said requirement shall be satisfied by the recording of a certificate signed by the Secretary of the Association certifying that the required percentage of Unit Owners have given notarized consent to the amendment. In the event prior approval of an amendment is required by the Federal Housing Authority, the Veterans Administration or similar agency, said approval shall also be required. 9.05 Scope of This Declaration. The undersigned Declarant, as Owner of fee simple title to the Properties, expressly intends to subject the Properties to the provisions of this Declaration upon recording of this document. Each Owner shall own their Unit thereof, subject to the provisions of this Declaration. Any instrument recorded subsequent to this Declaration purporting to affect an interest in the Properties shall be subject to the terms of this Declaration despite failure to make reference thereto. 9.06 No Representation. Except as expressly set forth herein, Declarant makes no representations regarding use of any Unit or Unit. 18 951284 Declarant makes no representations as to the existence, preservation or permanence of any view from any Unit or Unit. 9.07 Books and Records. Any Owner or Mortgage Holder on a Unit shall have the right to examine the books and records of the Association at any reasonable time upon reasonable notice. 9.08 Successors and Assigns. and shall inure to the benefit of heirs, representatives, Personal of each of them. This Declaration shall be binding upon the Declarant and each Owner and to the Representatives, successors and assigns 9.09 Severability. If any portion of this Declaration becomes invalidated in any manner whatsoever, it shall not affect in any manner the validity, enforceability or effect of the remainder of this Declaration and in such event, all other provisions of this Declaration shall continue in full force and effect. 9.10 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural, the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF the Declarant caused this Declaration to be executed this t5 day of Fia2uACN1 , 195 TE OF COLORADO) tary SS. COUNTY OF WELD DECLARANT: The foregoing foregoingLinstcument was acknowledged before me this _ day of , 1955 by T err,-\ U e JP rWitness my. hand..and official seal. ,— My commission expires: C°J j _e,,"-,'&> ..1 , Notary Public SEAL 19 951284 WRITTEN CONSENT OF THE INITIAL REGISTERED AGENT Pursuant to the provisions of the Colorado Revised Statutes, the undersigned consents to the appointment as the initial registered agent of the Colorado Nonprofit Corporation Continental View Pond Homeowners Association. Registered Agent Date: ree I5i l 13S Terry A. nze, egistered Agent of ont' ental View Pond Homeowners Association 4816 Devonshire Boulder, CO 80301 951284 ATTACHMENT K CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 16 - DEVELOPMENT SCHEDULE Access and drainage improvements will be completed in 1995 construction season. Utilities will be extendedtothe PUD property in 1995. It is also anticipated that two of the five single family homes will be constructed during 1995. The remaining three single family homes will be constructed in 1996. 951284 ATTACHMENT L CONTINENTAL VIEW PONDS PUD FINANCING STATEMENT The partners in the Continental View Ponds PUD Subdivision have applied to Bank One, Bank of Boulder and Equitable Savings & Loan for total financing of the development costs as outlined in Exhibit A of our Final Plat submittal. Bank of Boulder's loan committee has approved a development loan for this work on February 3, 1995. We are currently awaiting quotes from the other two lending institutions. We will execute an agreement in the near future with one of these banks after we ascertain which institution has the most competitive package. The funds from this development loan will be dispersed as follows: The engineering costs will be paid as billed. The bankwillissue an irrevocable letter of credit in the amount of $91,000 to cover the costs of the cul-de-sac for lots 2,3,4 & % , the culvert for lot 1, the landscaping, and the water line and gas line extensions. This letter of credit will be issued in the name of Weld Countyassoon as we execute the loan agreement. All other improvement costs will be paid as the work is completed. No improvements will be started until the final plat has beenapprovedby the Weld County Board of Commissioners and the final plat is recorded with the Weld County Clerk and Recorder. 7a) Terry Henze /� Bedell ergms ruary 8, 1995 951284 ATTACHMENT M CONTINENTAL VIEW POND PUD FINAL PUD PLAN APPLICATION ITEM NO. 20 - PUD AREA SUITABILITY The Drainage, Grading, and Road Plan map shows the location of the Boulder Creek 100 year floodplain. The single family residences built on lots 2-5 will be located several feet above the 100 year floodplain. Lot 1 is located within the floodplain boundary and will require approximately 2 to 3 feet of fill to raise it out of the floodplain. A Flood Hazard Development Permit will be submitted to the County for approval prior to any construction on Lot 1. See the Drainage and Grading Plan report for more details on the floodplain delineation. 951284 ATTACHMENT N PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Legal Description: 68 W st of the 6th P.M. Weld Count Colorado The NW'4 of the SW' of Section 29, Township 2 North, Range e except that part deeded to Weld Count in instruments recorded STATE of C LbRAD,0 in Book 985 as Reception Nos. 1913289 and 1913291. ) SS COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, baddresses, and the corresponding Parcel Identification Number assigned within fiveWeld County Assessor of the owners' of property (the surface estate) five hundred feet of the property under consideration. This list was of the Weld County Assessor, or an ownership update from such records, or and Recorder. The list compiled compiled from the records from a title or abstract company or attorney, derived from the records of the Weld County Clerk from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. 15 The foregoing instrument was subscribed and day 1.995. WITNESS my hand and official seal. My Commission Expires: o9.O9 98 sworn to before me this Notary Pudic 951284 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type Name Jack Olberding, Terry Henze John Widerauist, Bill Bedell Virginia N. Shaw Martha A. Williams Leslie J. Williams, Jr. Helen L. Bryant Leslie J. Williams, Jr. Macy Rose T. Williams Gary L. Burback Sylvia L. Burback Weld County Address, Town/City, State and Zip Code 3605 Table Mesa Drive Boulder, CO 80303 1435 WCR 16-1/2 Longmont, CO 80501 8876 Rogers Road Longmont, CO 80501 2005 James Drive Loveland, CO 80538 8876 Rogers Road Longmont CO 80501 8876 Rogers Road Longmont, CO 80501 P.O. Box 758 Greeley, CO 80632 Assessor's Parcel Identification # 131329000069 131329000076 131329000068 131320000067 131330000029 131330000072 131330000022 131329000073 131329000070 131330000071 Weld County Vessels Oil & Gas Company Panhandle Eastern Pipeline Company Leslie J. Williams, Jr. Gary L. Burback & Sylvia L. Burback Rose T. Macy EASEMENT HOLDERS P.O. Box 758 Greeley, CO 80632 600 South Cherry Street Denver, CO 80222 P.O. Box 127 Brighton, CO 80601 8876 Rogers Road Longmont, CO 80501 1532 Summer Street Longmont, CO 80501 2118 Longs Peak Avenue Longmont, CO 80501 951284 ATTACHMENT 0 PLANNED UNIT DEVELOPMENT PLAN AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: The NWQ of the SWa of Section 29, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, except that part deeded to Weld County in instruments recorded January 1, 1983 in Book 985 as Reception Nos. 1913789 and 191791 STATE OF COLORADO ) ) SS COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under consideration as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. 15 seal. 47 The foregoing instrument was subscribed and sworn to before me this day of �� ,T • . My Commission Expires: O = O9 ci8 , 1995. WITNESS my hand and official Notary P lic 951284 NAME(S) OF OWNER(S) OF MINERAL RIGHTS OF PROPERTY Please print or type Name Jack Olberding, Terry Henze John Widerquist, Bill Bedell Basin Exploration Address, Town/City, State and Zip Code 3605 Table Mesa Drive Boulder, CO 80303 370 - 17th Street, #1800 Denver, CO 80202 Assessor's Parcel Identification # 951284 ATTACHMENT P V.1 IQE2Qulet 2&s! DE LICE gig°_ I' —O^ 'pw&I We, li nn I1 r III! BFI gLE WS:r1O44 vmr U L F.5r EL-EviemoKi of - ! ow ) t1 I II II II ELEVATTohl —'4". I,o- 1 r �s a nbzru ELF var,op4 S' - I a• 951284 ATTACHMENT 0 STEWARDSHIP INCENTIVES PLAN for JOHN WIDERQUIST 1328 Marigold Court Lafayette, CO 80026 (3O3) 673-0667 S1/2 NE1/4, Sec 15, T3N, R69W, S.P.M. (24.9 Acres) Prepared By: Douglas J. Stevenson Colorado State Forest Service 936 Lefthand Canyon Boulder, CO 80302 (303) 442-0428 November 14, 1994 This management plan has been prepared at my request to guide my Stewardship management activities which I voluntarily apply on my property. I believe that activities recommended in this plan are appropriate to meet my objectives and will benefit the natural resources on my property. I intend to apply the recommended practices and to maintain them for a period of at least ten years, thus helping me to be a good steward of the forest and as- sociated resources entrusted to me on my property. John Widerquist Date 951284 STEWARDSHIP INCENTIVES PLAN 2 TABLE OF CONTENTS: Subject Page STEWARDSHIP INCENTIVES PLAN 1 TABLE OF CONTENTS 2 OBJECTIVE 3 DESCRIPTION 3 INVENTORY 4 WILDLIFE 4 PLANTING PROJECTS 4 Hedgerow Planting, Northwest Corner 4 Hedgerow Planting, West Side 5 Wildlife Thicket, Southwest Corner 6 Wildlife Thickets, Northwest Corner 7 Afforestation Project, West Point 7 MAINTENANCE 8 MAINTAIN THE PRACTICE 9 RECOMMENDATIONS 10 MAP 11 APPENDIX 12 951284 STEWARDSHIP INCENTIVES PLAN 3 OBJECTIVE To provide wildlife shelter, travel lanes and feeding areas for songbirds; to introduce habitat diversity around the pond. DESCRIPTION Continental Pond is located on the southwest corner of Weld Coun- ty Road 16 1/2 and Weld County Road 3 1/4. It is common property of the owners of Continental Pond P.U.D. The common property contains 24.9 acres, not counting that part of it occupied by county roads. Most of the area (19.0 acres) is occupied by a large pond that resulted from open -pit mining of sand and gravel along Boulder Creek. There are two islands (Mid- dle Island and South Island) that are commonly owned, each con- taining about 0.2 acres. This leaves 5.5 acres above water and accessible. There are no buildings on the property, nor are any planned; how- ever, a house located on a separate lot will occupy the peninsula in the north end of the pond. Four additional building lots oc- cupy the southeast corner of the forty. There are three islands in the pond; two are located on this own- ership, while the third (North Island) is located on the building lot occupied by the peninsula. Cattails have just started to invade the site and now occur in a band about twenty feet wide along the southeast shore. A shoal area east of Middle Island and most of the shoreline will proba- bly be occupied by them eventually. Currently, the green line consists mostly of sweet -clover and grasses. Annual precipitation is about 15 inches. Plant cover is entirely grass and forbs, except along Boulder Creek where plains cotton- woods have become established. Bedrock is a Cretaceous Age deposit of Pierre shale, 10,000 feet thick. The soils, however, are aquolls and aquents with gravelly substrata formed in alluvium deposited by Boulder Creek. A tiny remnant of Piney Creek alluvium, dating from a wet period during the Middle Ages, remains in the northwest part of the property. Mining has destroyed most of the soil profile, mixing layers or removing them. There are likely to be highly -erratic growth re- sponses from seedlings planted in this material. The porous na- ture of remaining material allows water to drain rapidly, making the use of weed barrier and/or supplemental watering desirable. 951284 STEWARDSHIP INCENTIVES PLAN 4 INVENTORY Currently, woody vegetation consists entirely of the cottonwoods described above, augmented with a scattering of Russian -olives. WILDLIFE The pond is currently used by ducks, egrets and a wide variety of other shorebirds. Hawks were observed during field work. No threatened or endangered species have been observed, but the ponds are within the winter range of the bald eagle and in an area used by the interior least tern. Activities that enhance habitat for the latter species would receive funding priority under the Stewardship Incentives Program. Also, cost -share funding may be available through the Colorado Division of Wildlife and/or Ducks Unlimited. PLANTING PROJECTS Hedgerow Planting, Northwest Corner: Purpose: To provide a sheltered area along Boulder Creek for eventual (after expiration of cost -sharing obliga- tions) donation to Weld County as a greenbelt area. Description: This is a two -row planting around the pe- rimeter of the site. It is 950 feet long and 28 feet wide, including 10 -foot buffer strips on each side. It occupies 0.6 acres. Under SIP it is eligible for a maxi- mum of $171 for site preparation and planting and $465 for weed barrier, the two not to exceed $600. The outer row consists of 150 Rocky Mountain junipers on a six-foot spacing. The inner row is located eight feet from the juniper row and consists of 120 ponderosa pines on an eight -foot spacing. 150 Rocky Mountain junipers @ $0.91 ea.: 120 Ponderosa pines @ $0.91 ea.: 2000 Staples @ $43.40/1000: 6.2 6' rolls Weed Barrier @ $100.00/roll: SUB -TOTAL Sales Tax (3%) TOTAL, MATERIALS: LABOR, PLANTING; 270 trees @ $2.00 ea.: LABOR, WEED BARRIER; 6.2 rolls @ $96 ea.: GRAND TOTAL $ 136.50 109.20 86.80 620.00 $ 952.50 28.58 $ 981.08 540.00 787.20 $2308.28 951284 STEWARDSHIP INCENTIVES PLAN 5 GRAND TOTAL From Stewardship Incentives Program: Net Cost: $2308.28 -600.00 $1708.28 Forester's Note: Hedgerow plantings are not high priori- ty under SIP. It is not likely that this planting will be funded. Hedgerow Planting, West Side: Purpose: To shelter Continental Pond from traffic and provide a windbreak to the pond and shore areas on the west side. To maintain habitat diversity, a strip ap- proximately fifty feet wide will be left in existing plant cover between the hedgerow and the pond along the west side of the property. Along Weld County Road 16 1/2, the strip will vary in width between sixty feet and nothing. Description: This is a two -row planting along the road and property line. It is 1448 feet long and 28 feet wide, including 10 -foot buffer strips on each side. It occupies 0.9 acres. Under SIP it is eligible for a maxi- mum of $258 for site preparation and planting and $698 for weed barrier, the two not to exceed $900. The outer row consists of 350 American plums on a four -foot spa- cing. The inner row is located eight feet from the plum row and consists of 210 Rocky Mountain junipers on a six- foot spacing. 350 American plums @ $0.39 ea.: 210 Rocky Mountain junipers @ $0.91 ea.: Sub -total: Bulk Discount (5%): Seedlings: 3000 Staples @ $43.40/1000: 9.5 6' rolls Weed Barrier @ $100.00/roll: Sub -total: Sales Tax (3%) Total, Materials: LABOR, PLANTING; 560 trees -@ $2.00 ea.: LABOR, WEED BARRIER; 9.5 rolls @ $96 ea.: GRAND TOTAL From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: $ 136.50 191.10 $ 327.60 16.38 $ 311.22 130.20 950.00 $1392.42 41.74 $1433.16 1120.00 912.00 $3465.16 -900.00 $2565.16 1732.58 $ 832.58 951284 STEWARDSHIP INCENTIVES PLAN 6 Forester's Note: Money from the wildlife programs is highly speculative. This is the maximum possible for this planting; the actual amount, if any, could be a lot less. Wildlife Thicket (Southwest Corner): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. 2. To shelter the southwest corner of the property, creating a protected area for ground -nesting birds. 3. To create a nesting site near water for mourning doves. Description: Thicket #1: A 1/10 -acre thicket (SIP -8, WH2) in the southwest corner of the property, is planned. It oc- cupies 0.1 acres and benefits 3.0 acres. American plums on a 4'X4' spacing will form a thick area for small animal shelter. It will require 250 seedlings and extend 93 feet north and 93 feet east of the prop- erty corner. Costs, Thicket #1: 250 American plums @ $0.39 ea.: $ 97.50 800 Staples @ $43.40/1000: 34.72 2.5 rolls 6' Weed Barrier @ $100/300' roll: 250.00 Sub -Total: $ 382.22 Sales Tax (3%): 11.47 Total, Materials: $ 393.69 Labor, Planting; 250 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: 500.00 240.00 $1133.69 - 280.00 $ 853.69 - 566.84 $ 286.84 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Bulk rates are available if you do several projects at once and order enough trees. If you do the work yourself, you can charge your own labor as a reimbursable cost. If you are a farmer, these costs are tax de- ductible as a conservation expense on Schedule F, 951284 STEWARDSHIP INCENTIVES PLAN 7 as are other costs listed below. Otherwise, you may add these costs to your basis for capital gains treatment. Check with a professional tax preparer for details. Wildlife funds are highly specula- tive. Wildlife Thickets (Northwest Corner): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. 2. To create a nesting site near water for mourning doves. Description: Thicket #2: A 0.2 -acre thicket (SIP -8, WH2) south of County Road 16 1/2 along the west property line, adja- cent to the hedgerow discussed above. Ponderosa pines on an 8'X8' spacing will form a thick stand for doves. It will require 136 seedlings. Costs, Thicket #2: 150 Ponderosa pines @ $0.91 ea.: $ 136.50 1500 Staples @ $43.40/1000: 65.10 5 rolls 6' Weed Barrier @ $100/300' roll: 500.00 Sub -Total: $ 701.60 Sales Tax (3%): 21.05 Total, Materials: $ 722.65 Labor, Planting; 136 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: 272.00 480.00 $1474.65 -560.00 $ 914.65 -737.32 $ 177.33 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Wildlife funds are highly speculative. Afforestation Project (West Point): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. 951284 STEWARDSHIP INCENTIVES PLAN 8 2. To create a nesting site near water for mourning doves. 3. To serve as a limited source of fiber, filling the SIP forest products requirement. Description: A 1.8 -acre afforestation planting (SIP -2, Heavy Site Prep & Planting) on the western peninsula is planned. Ponderosa pines on a 10'X10' spacing will form a stand for animal use and a source of fiber. It will require 690 seedlings. Costs, Afforestation Project: 690 Ponderosa pines @ $0.91 ea.: $ 627.90 6400 Staples @ $43.40/1000: 277.76 690 Weed Barrier Squares @ $2.00 ea.: 1380.00 Sub -Total: $2285.66 Sales Tax (3%): 68.57 Total, Materials: $2354.23 Labor, Planting; 690 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: 1380.00 1725.00 $5459.23 -738.00 $4621.23 -2729.62 $1891.61 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Wildlife funds are highly speculative. MAINTENANCE The use of weed barrier just about eliminates the need for main- tenance, if it can be placed by mid -June (preferably June 1st). The only thing needed is an occasional inspection tour to re -an- chor weed barrier that comes loose. Watering will increase sur- vival and growth, but it is not needed. You can expect about 15% loss during the first year a planting is in the ground. One year after planting, seedlings usually look terrible. Tenth -acre shrub thickets can tolerate about 30% loss without replanting, but windbreaks must be replanted if they suf- fer even minor losses to keep from losing their effectiveness. These maintenance plantings may be cost -shared and generally pay the entire 65% (A 2500 -tree planting put in two years ago at a 951284 STEWARDSHIP INCENTIVES PLAN 9 cost of about $8700 cost only $181 to maintain in the second year; this is unusually small; 15% loss is normal, but big losses do occasionally occur.). By the third year, transplant losses should no longer be a problem. A seedling is considered estab- lished after surviving five years. Gaps in a windbreak are disastrous - wind blows harder through the gap than it does on the open plain. Gaps wider than 1.5 times the specified spacing should be filled with trees at the next maintenance planting. There are a number of things that should be done to enhance seed- ling survival and growth: Grass is a vigorous competitor with tree seedlings. It drinks up water and adds compounds to soil to poison compe- tition. Seedlings grow much better if they don't have to fight it. Weed barrier is a woven plastic cloth. It kills grass. Laid around tree seedlings, it provides needed relief from competition. It is expensive ($2.00 per tree for widely - spaced trees). It is cheaper if seedlings are placed close together (like plums). Weed barrier used in windbreaks can be cost -shared. In 1/10 -acre shrub patches, the cost of weed barrier is included in the totals. Maintenance is the landowner's responsibility. The above prices do not include things like re -anchoring weed barrier after a storm, or watering seedlings should drought threaten the planting during the first summer (Although, this can be arranged.). MAINTAIN THE PRACTICE Cost -sharing rules require that a planting for which Federal mon- ey is paid, must be maintained for a period of ten years, begin- ning October 1st, following the date the cost -sharing check is cashed. You cannot deliberately destroy the planting and if the planting is accidently destroyed (by fire, for example), it must be replaced (Cost -sharing may be used for replacement.). If the property is sold, the new owner must agree to maintain the practice for the balance of the ten years, or the old owner must repay the cost -sharing money plus interest (18% per year) plus "liquidated damages (25%, one time only)." A participant may leave the program at any time by repaying the cost -sharing, plus interest, plus liquidated damages. 951284 STEWARDSHIP INCENTIVES PLAN 10 RECOMMENDATIONS The plantings listed above are recommended. No particular time- table is required. Plantings are "required" only in that in or- der to obtain cost -sharing, a wildlife practice and a wood -pro- ducing planting must be included. If these are planted first, there is no further requirement as to what order (or even whe- ther) additional plantings are done. Respectfully Submitted By: Douglas J. Stevenson Assistant District Forester Boulder District 951284 Continental Pond NW1/4 SW1/4, Sec 29, T2N, R68W, S.P.M. Drawn By: afea- O Known Corner Property Line Roads Creeks Shoreline *rir Pine planting "mac Plum Thicket Juniper Shelterbelt November 14, 1994 951284 STEWARDSHIP INCENTIVES PLAN 12 APPENDIX 951284 STEWARDSHIP INCENTIVES PLAN Aquolls and Aquents, Gravelly Substratum James A. Crabb, Soil Conservation Service Soil Survey of Weld County, Colorado, Southern Part 13 This nearly level map unit is on bottom lands and flood plains of all the major streams in (southern Weld County). Aquolls, which have a dark colored surface layer, make up about 60 percent of the unit. Aquents, which have a light colored surface layer, make up about 35 percent. About 5 percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in recent allu- vium. No one pedon is typical. Commonly the soils have a mot- tled, mildly alkaline to moderately alkaline loamy or clayey sur- face layer and underlying material and are underlain by sand or sand and gravel within 48 inches. In places they have a gleyed layer in the underlying material. Most of the acreage is subject to flooding. The water table is at or near the surface in early spring and recedes to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. The potential native vegetation is dominated by alkali sacaton, switchgrass and western wheatgrass. Saltgrass, sedge, rush and alkali bluegrass are also prominent. Potential production ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. As range condition deteriorates, the switch - grass, alkali sacaton, and western wheatgrass decrease and salt - grass, sedge and rush increase. Management of vegetation should be based on taking half and leaving half of the total annual production. Seeding is difficult because numerous tilling practices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall wheatgrass, and tall fescue are suitable for seeding. They can be seeded into a clean firm seedbed. Seedbed preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protective cover, makes this unit 951284 STEWARDSHIP INCENTIVES PLAN 14 valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel. Capability class VIw; Salt Meadow range site. 951284 STEWARDSHIP INCENTIVES PLAN 15 R. L. Hoover D. L. Willis Managing Forested Lands for Wildlife MOURNING DOVE The morning dove is found throughout Colorado. While doves may be seen occasionally at high elevations, such habitats are not considered an integral portion of the mourning dove's range. Most doves migrate out of Colorado by early fall but a few occasionally winter in the State. ECOSYSTEMS USED Forested ecosystems used spring, summer and fall by this species and relative abundance of the species in each are shown below. Ecosystem used Relative abundance Subalpine Forest Douglas Fir Ponderosa Pine Lodgepole Pine Aspen Pinyon -Juniper Gambel Oak High Elevation Riparian Cottonwood Riparian Uncommon Uncommon Common Uncommon Uncommon Abundant Abundant Uncommon Abundant HABITAT REQUIREMENTS Various habitat characteristics and requirements of this dove are presented here. REARING REQUIREMENTS. - Mourning doves nest in a very diverse range of sites. Nesting occurs on open ground when more desira- ble sites, such as evergreen or deciduous trees, are not availa- ble. Preferred sites are large horizontal branches in dense evergreen or deciduous trees along forest edges. Whatever the site, a poorly constructed nest of sticks and twigs is used. Males may defend small territories around nests. Drinking water should be available within 1/2 mile of the nest site. While longer flights to water will be made, the increased distances 951284 STEWARDSHIP INCENTIVES PLAN 16 detract from the value of nest sites. FEEDING REQUIREMENTS. - The seeds of annual forbs, annual grass- es, and cultivated crops constitute nearly 100% of the dove's di- et. These food items must be obtained after the seeds have fal- len and are exposed on the soil surface. Bird feeders may also be used in urban areas. Doves may fly some distance from roosts to obtain food and water. COVER REQUIREMENTS. - Trees and shrubs are desirable for roost- ing; however, doves will roost on the ground in open grass-forb vegetation if more suitable sites are not available. Trees near feeding areas are often used as nesting sites. SPECIAL REQUIREMENTS. - As an aid to digestion, mourning doves must have grit, which reportedly is replenished daily. Availa- bility of grit is seldom a problem for these birds, however. MINIMUM VIABLE POPULATION AND HABITAT AREA Estimates of minimum viable populations are not available in the literature. Therefore, for the purpose of this book, it is as- sumed that such a population would contain 50 birds. This popu- lation is assumed to require 1,280 acres of optimum habitat. R. L. Hoover D. L. Willis Managing Forested Lands for Wildlife GREAT BLUE HERON The great blue heron occurs in riparian habitats statewide. Be- cause this species is dependent on water areas for feeding, it will not be found great distances from water. ECOSYSTEMS USED The only forested ecosystem in which the great blue heron occurs is Cottonwood Riparian. It is fairly common except for winter months, when it is uncommon. 951284 STEWARDSHIP INCENTIVES PLAN 17 HABITAT REQUIREMENTS Various habitat characteristics and requirements for this species are presented here. REARING REQUIREMENTS. - Great blue herons generally select trees that are near water for their nesting colonies. Mature and old - growth cottonwood trees, 18 to 43 inches in d.b.h. and 55 to 75 feet in height and taller than the surrounding canopy, are pre- ferred for nesting colonies in Colorado. While herons appear to be intolerant of disturbance during nesting and brooding, birds in some rookeries appear to adapt to human disturbances. It is recommended that nesting areas be kept free of human disturbance within a 1/4 mile radius of the nesting colony during the breeding season. FEEDING REQUIREMENTS. - These herons feed on aquatic animals found in water, generally less than 12 inches deep, along banks of rivers, streams, lakes, and in wet meadows. Feeding areas must be within 2.5 miles of nest sites. While feeding territo- ries are often established during breeding season, these territo- ries are not static with respect to size or location. COVER REQUIREMENTS. - The great blue heron's requirements for nesting appear to be the only specific cover requirement. It will use any structural stage for resting cover. MINIMUM VIABLE POPULATION AND HABITAT AREA Estimates of minimum viable populations of this species are not available in the literature. For the purpose of this book, it is estimated that such a population would consist of 20 herons. Such a population would require 150 acres of disturbance -free nesting area with suitable feeding areas nearby. 951284 STEWARDSHIP INCENTIVES PLAN 18 PLAINS COTTONWOOD (Populus deltoides var. occidentalis Rydb.) William M. Harlow, Ph.D., SUNY College of Forestry Ellwood S. Harrar, Ph.D., Duke School of Forestry Textbook of Dendrology BOTANICAL FEATURES Leaves 3" to 6" long, 4" to 5" wide; shape deltoid to ovate -del- toid; margin crenate -serrate, the teeth glandular; apex acuminate to acute; base truncate to cordate; surfaces lustrous green, gla- brous above, somewhat paler and glabrous below; petiole flat- tened, 11" to 3" long, glandular. Fruit k" to 1" long, ovoid, 3- or 4 -valved; seeds about 350,000 (200,000-590,000) to the pound. Twigs stout, angular, yellowish brown, glabrous; terminal buds about ¢" long, narrowly ellipsoidal to conical, lustrous brown, resinous, covered by 6 or 7 imbricated scales; lateral buds some- what smaller, divergent. Bark light greenish yellow on young stems, eventually becoming ash -gray and dividing into thick, flattened or rounded ridges separated by deep fissures. GENERAL DESCRIPTION This species, the most important of the eastern poplars, is a me- dium-sized to large tree 80 to 100 ft high and 3 to 4 ft in diam- eter (max. 175 by 12 ft). Open -grown trees have a spreading crown supported by a massive trunk which is often divided near the ground and terminates below in an extensive superficial root system; in the forest, the bole is long, clear, and cylindrical, and the crown much smaller. Not common in the Northeast and Appalachian regions, eastern cot- tonwood, together with its varieties or closely related species, covers a wide range from the Rocky Mountains to the southern At- lantic Coast. It is especially common on moist alluvial soils through the plains and prairie states, where a winding belt of green cottonwood crowns usually indicates the presence of a stream or water course. Although not found naturally on dry soils, this species was planted extensively around homesteads by the early settlers and when once established has proved to be relatively drought resistant. On the best alluvial soils in the Mississippi Valley growth is exceedingly fast, and young trees commonly grow 5 ft or more in 951284 STEWARDSHIP INCENTIVES PLAN 19 height and 1 in. in diameter yearly. Cottonwood is very intoler- ant and occurs in pure stands or open mixtures with such species as black willow, sycamore, American elm, and some of the bottom - land oaks. In the South, cottonwood may seed in on old fields in mixture with sweetgum, by which it is eventually replaced. Like other poplars, eastern cottonwood liberates large quantities of silky -haired seeds which may travel by air or on the surface of water for many miles. Although germination is high (60 to 90 percent), vitality is transient, and this probably accounts for the distribution of the species along water courses where in late spring moist silt is available for the sprouting seeds. Propaga- tion by cuttings is good, and young trees produced in this way make rapid growth; two -year -old trees sometimes attain heights of 30 ft and diameters of nearly 5 in. Cottonwood is a short-lived species; trees over 70 years old rapidly deteriorate, and the maximum life span is probably not greater than two centuries. RANGE Plains cottonwood: the Great Plains. 951284 ATTACHMENT R February 12, 1995 John Widerquist 1328 Marigold Court Lafayette, CO 80026 Dear John: Boulder District 936 Left Hand Canyon Drive Boulder. Colorado 80302 (303) 442-0428 Good news! The committee approved a total of $4380 in SIP cost - sharing to help defray costs of installing the plantings on your property in Weld County. Bill Noonan told me over the phone that his program would commit to another $1500, ear -marked for the noise barrier along the south, west and northwest sides of the pond, but I do not have written confirmation of this. If you have anything, please send me a copy. The $4380 is in two parts: $280 for the plum thicket in the southwest corner and $4100 for the rest. The hedgerow along Boulder Creek was not funded, so I am putting it off until next year. I think if we redesign it, we might stand a better chance of being funded. CHIP will not fund a project where SIP money is being used. CHIP may pay up to 85% of the cost of a project, but getting it is of- ten a problem, depending on the degree of interest of the local wildlife officer. At any rate, we have $5880, counting Bill Noonan's contribution and as they say, a bird in the hand.... I have enclosed two copies of the planting agreement. Please sign and return one copy to me. Also, please send the initial check for $1366.58, payable to CSFS, to me at this address. Do this right away; I cannot order the seedlings until I receive the check and the nursery is selling out (Note that we are planting eastern red -cedars instead of Rocky Mountain junipers; the nursery is out of Rockies.). I would appreciate it very much if you could also send the check for materials ($4519.23) at the same time. If this is a problem, you can wait until March 17th. Labor charges will be broken into small pieces. I will have to hire help and I don't know yet exactly who the money will go to. I will probably have a helper on the state pay -roll and a private contractor (Carl Miller of Elk Falls) has helped me in the past. I will let you know who to send money to and how much as each component of the planting is finished. We have the owner pay subcontractors directly. CSU Accounting takes a 15% charge for each check they write. If we can bypass them, we reduce costs which would otherwise have to be passed on 951284 to our customers. In this case, that comes to $1409.00. This practice will not affect your total cost. We have planting capability, so if one subcontractor runs a little high, we can finish the project with our own people and honor the agreement as written. Again, please send one copy of the agreement and the checks, particularly the one for the seedlings, to me as soon as possible. If you have any questions, please call. Sincerely, Dou �enson 951284 ATT.C ARTICLES OF INCORPORATION OF CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION The undersigned natural person, being the age of twenty-one years or more, acting as incorporator of a non-profit corporation under the laws of the Colorado Nonprofit Corporation Act, adopts the following Articles of Incorporation: ARTICLES I The name of this corporation (hereinafter referred to as the Corporation) shall be: Continental View Pond Homeowners Association. ARTICLE II The period of duration of the Corporation shall be perpetual. ARTICLE III The nature, object and purposes of the business to be transacted shall be as follows: The Corporation shall be non-profit and its object shall be to carry out exempt functions, such as acquisition, construction, management, preservation, maintenance and care of Association property. The Association is organized and established to administer and manage common areas and maintenance property under the control of the Association and to serve the best interests of its members. The Association shall operate a Common Interest Community located in Weld County, Colorado. In furtherance of the foregoing purposes, the Association shall have and may exercise all of the rights, powers and privileges now or hereinafter conferred upon non-profit corporations organized under the laws of the State of Colorado. In addition, the Association may do everything necessary, suitable or proper for the accomplishment of any of its corporate purposes, including but not limited to the following: a) To exercise all the powers, rights, and privileges and to perform all of the duties and obligations of the Association as set forth in the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION as may be amended and as recorded in the records of Weld County, Colorado. b) To fix, levy and collect assessments and charges pursuant to the terms of the Declaration against members; to pay all expenses in connection therewith and incident to the conduct of the business of the Association; to maintain property of 951284 the Association and to use the proceeds of assessments in the exercise of its duties, powers and obligations. c) To acquire, own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. d) To enforce the provision of the above described Declaration, these Articles of Incorporation, the Bylaws of the Association and Rules and Regulations adopted by the Association. e) To dedicate, sell or transfer all or any portion of the common areas according to the terms of the Declaration. f) To participate in mergers and consolidations with other non-profit corporations organized for the same or similar purpose and annex additional property and common area according to the terms of the Declaration. g) To do any and all permitted acts and exercise any and all powers, rights and privileges which are granted to a Common Interest Community Association under the laws of the State of Colorado. ARTICLE IV The address of the initial registered office of the Association is 4816 Devonshire, Boulder, Colorado 80301 and the name of the initial registered agent at such address is Terry A. Henze. ARTICLE V Four members shall constitute the initial Executive Board who need not be members of the Association their names and addresses being as follows: Terry A. Henze 4816 Devonshire Boulder, CO 80301 William D. Bedell 223 So. Buchanan Louisville, CO 80027 ARTICLE VI Jack L. Olberding 825 Grape St. Boulder, CO 80304 John C. Widerquist 1328 Marigold Court Lafayette, CO 80026 Every person or entity who is a record owner of a Unit which is subject to assessment under the Declaration, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The 951284 Association shall be a nonprofit corporation, without shares of stock. ARTICLE VII The Executive Board shall have the authority and responsibility to adopt, amend or repeal by-laws, provided that such by-laws are consistent with these Articles of Incorporation. ARTICLE VIII These Articles of Incorporation may be amended by a vote of two-thirds of the entire membership. If there are no members, these Articles may be amended by a vote of two-thirds of the members of the Executive Board. The Declarant, under the Declaration of Covenants, Conditions and Restrictions, shall have the unilateral right, power and authority to modify, revise or amend these Articles if either the Veterans Administration or the Federal Housing Administration, or any successor agencies thereto require such action as a condition precedent to approval by such agency for federally approved mortgage financing purposes. ARTICLE Ix To the fullest extent permitted by the Colorado Corporation Code, as the same exists or may hereinafter be amended, a member of the Executive Board of the Association shall not be liable to the Association or its members for monetary damages for breach of fiduciary duty as a member of the Executive Board. ARTICLE X To the fullest extent permitted by the Colorado Corporation Code, as the same exists or may hereinafter be amended, the Association shall have the power to indemnify the officers and members of the Executive Board of the Association. ARTICLE XI The Association may be dissolved with the approval given in writing and signed by not less than two-thirds of each class of membership. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purpose. 951284 ARTICLE YII The name and address of the Incorporator is: Terry A. Henze 4816 Devonshire Boulder, CO 80301 Dated: STATE OF COLORADO) Adctrn5 ) Ss. COUNTY OF DOULDDn) % ) er> I, he_r H I R ,� ; ,\S , a Notary Public in and for the said County in the State aforesaid, do hereby certify that Terry A. Henze, being a resident of the State of Colorado, who is personally known to me to be the person whose name is subscribed to the annexed and foregoing Articles of Incorporation, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed, for the uses and purposes therein set forth, and declared that the statements therein contained are true. SEAL Given under my hand and seal this , 19Th My .commission expires: O9 -O9 -el £ 5 - day of c 0rr Notary Pu c 951284 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CONTINENTAL VIEW POND SUBDIVISION PREAMBLE THIS DECLARATION, made on the date hereinafter set forth, by Terry A. Henze, Jack L.Olberding, William D. Bedell and John C. Widerquist, hereinafter referred to as "Declarant" and the undersigned Owner of certain property subject to this Declaration. WHEREAS, Declarant is the owner of certain real property located in the County of Weld, State of Colorado, hereinafter referred to as "Properties" and as more particularly described on Exhibit A attached hereto and incorporated herein by reference; and, WHEREAS, Declarant has previously annexed and subdivided property within the County of Weld, a portion of the real property described on Exhibit A as Continental View Pond Subdivision; NOW THEREFORE, Declarant hereby declares that the Properties described herein shall be held, sold, and conveyed subject to the following easements, covenants, conditions, restrictions, use and obligations, all of which are to be for the purpose of protecting the value and desirability of the Properties described and which shall be binding upon all persons having any right, title or interest in the described Properties or any part thereof, their heirs, grantees, successors, representatives and assigns and shall inure to the benefit of each owner thereof and that the common interest community formed hereunder shall be formed as a planned community. ARTICLE I Definitions As used in this Declaration, unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.01 "ASSOCIATION" shall mean CONTINENTAL VIEW POND HOMEOWNERS ASSOCIATION, INC. a Colorado Non-profit Corporation, its successors and assigns. 1.02 "BYLAWS" shall mean any instrument which is adopted by the Association for the regulation and management of the Association, including any amendments to these instruments. 1.03 "COMMON AREAS" shall mean that portion of the Properties described (including all improvements thereon) owned or to be owned by the Association upon which the Association has responsibility for maintenance as more fully described on Exhibit B attached hereto and incorporated herein by reference or which is included as Common Area in a later amended Declaration for the Association. 951284 1.04 "DECLARANT" shall mean Terry A. Henze, Jack L.Olberding, William D. Bedell and John C. Widerquist, their successors or assigns, if such successors or assigns shall acquire any portion of the Properties described for the purpose of development and be designated by the Declarant or a successor Declarant, as a Declarant by a duly recorded written instrument. Any such written designation by the Declarant may include the right of redesignation by such successor or further successors. 1.05 "DECLARATION" shall mean this Declaration of Covenants, Conditions and Restrictions of Continental View Pond Subdivision as may be amended from time to time. 1.06 "DEVELOPMENT RIGHTS" means any right or combination of rights reserved by Declarant hereunder including the following: a) To add real property to be covered under the terms of this Declaration; b) To create additional units, Common Areas within the real property covered under the terms of this Declaration; c) To withdraw real estate from being subject to the terms of this Declaration. 1.07 "EXECUTIVE BOARD" shall mean the Executive Board of the Association, duly elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided or provided in this Declaration. 1.08 "FIRST MORTGAGEE" shall mean any person, corporation, partnership, trust, company, association, or other legal entity which owns, holds, insures or is a governmental guarantor of a mortgage or deed of trust, which mortgage or deed of trust is a first and prior lien encumbering a Lot or Parcel within the Properties described. 1.09 "LOT" shall mean and refer to any plot of land shown upon any recorded subdivision plat or later amended plats of a Subdivision as a subdivided lot within the Properties and which is subject to this Declaration, with the exception of the Common Areas, Maintenance Property, public streets or other public property. Lot shall include any Dwelling Unit or structure constructed thereon. 1.10 "MEMBER" shall mean all those who are members of the Association as provided in this Declaration. 1.11 "PROPERTIES" shall mean the entire real property and the improvements located thereon as more fully described on Exhibit A attached hereto. 1.12 "SECURITY INTEREST" means an interest in real estate or personal property created by contract or conveyance which secures payment 951284 or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 1.13 "SPECIAL DECLARANT RIGHTS" means rights reserved for the benefit of Declarant to complete improvements indicated on plats and maps filed with the Declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 1.14 "UNIT" means a physical portion of the common interest community which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the recorded subdivision plats within the Properties. 1.15 "UNIT OWNER OR OWNER" means the declarant or other person who owns a Unit, but does not include a person having an interest in a Unit solely as security for an obligation. The Declarant is the owner of any Unit created by the Declaration until that Unit is conveyed to another person. ARTICLE II Property Rights 2.01 Owner's Easements. Every Unit Owner shall have the nonexclusive right and easement of use and enjoyment in and to any Common Areas related to this Declaration (hereinafter referred to as Common Areas) and improvements thereon; which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a) The right of the Executive Board to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas or Maintenance Property; b) The right of the Association through its Executive Board to make such use of the Common Areas or Maintenance Property as may be necessary or appropriate for the performance of its duties and functions which it is obligated or permitted to perform under this Declaration; c) The right of the Executive Board, in its sole discretion, to grant easements and rights of way on, across, under and over the Common Areas or Maintenance Property to any entity providing 3 951284 water, sewer, gas, electricity, telephone, cable television, or other similar service to the Properties; d) The right of the Executive Board to make reasonable rules and regulations regarding the use and upkeep of the Common Areas or Maintenance Property and facilities located thereon; e) The right of the Executive Board to dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. f) The right of the Association to close or limit the use of the Common Areas or portions thereof for any reasonable purpose. 2.02 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws and the adopted Rules and Regulations of the Association, his or her right of enjoyment of the Common Areas or Maintenance Property to members of his family, his tenants, contract purchasers or guests. All Owners shall comply strictly with and cause all family members, tenants, purchasers or guests to comply with this Declaration, the Articles of Incorporation, the Bylaws of the Association, and the decisions, rules, regulations and resolutions of the Association. Each Owner shall be fully responsible for the actions of their guests. 2.03 Conveyance of Common Areas. By recording the Plat of Continental View Pond Subdivision or upon recording of subsequent plats of the Subdivision, Declarant has designated certain areas as Common Areas which are not dedicated to the public but are to be dedicated to common use and enjoyment of the Owners, their guests and assigns. The Declarant hereby covenants that it will convey fee simple title to the Common Areas to the Association prior to the issuance of a certificate of occupancy for a lot. 2.04 Lease of Property. Any Owner shall have the right to lease his or her property with the condition that any lessee shall be bound by all terms and conditions of this Declaration, the Articles of Incorporation, the Bylaws of the Association and the decisions, rules and regulations of the Association. 2.05 Right to Encumber. There are no restrictions on the right of an Owner to mortgage or otherwise encumber his or her property and there is no requirement for the use of a specific lending institution or particular type of lender or particular type of financing with respect to the Properties. ARTICLE III Membership - Association 3.01 General Purposes and Powers. The Association, through the Executive Board, shall perform management functions as provided in this 4 951284 Declaration. Any purchaser of a Unit or a parcel within the Properties shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all the power necessary or desirable to effectuate such purposes. 3.02 Articles and Bylaws. The purposes and powers of the Association and its rights and obligations set forth in this Declaration may be amplified by provisions of the Articles of Incorporation and Bylaws of the Association. In the event either the Articles or Bylaws conflict with the Declaration, the Declaration shall control. In the event the Articles conflict with the Bylaws, the Articles shall control. 3.03 Membership. Every record Owner of a fee interest in any Unit which is subject to an Annual Assessment or any record owner of a Parcel located in the Properties which is subject to an annual assessment, shall be a Member of the Association, including contract sellers; provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member. Record ownership of a Unit or Parcel shall be the sole qualification for such membership. Where more than one person holds interest in any Unit, all such persons shall be Members in proportion to their share of ownership in the Unit. If only one of the multiple Owners is present, such Owner is entitled to cast the entire vote for such Unit. If more than one Owner is present, the vote for such Unit may be cast only in accordance with the agreement of a majority in interest of the Owners with a majority agreement in existence if one Owner casts the vote without protest being made promptly by any of the other Owners of said Unit. 3.04 Voting Interest. The Association shall have one class of voting memberships. Members shall be all Owners and shall be entitled to one vote for each Unit owned. The vote for such Unit, the ownership of which is held by more than one Owner, shall be exercised as they determine between themselves. Should the joint owners be unable, within a reasonable time, to agree upon how they will vote any issue, they shall be passed over and the right to vote on such issue shall be lost. In no event shall more than one vote be cast with respect to any one Unit. Each Unit shall have allocated to it a percentage of the expenses of the Association and voting interest equivalent to one Unit in relation to the total number of Units in existence at such time of assessment or vote. Units owned by Declarant shall not receive any special benefit relating to assessments or voting rights. As additional Units are added so as to be covered by this Declaration, each Unit's obligation for assessments and related to voting rights shall be proportionately reduced. 3.05 Reservation. Notwithstanding the foregoing voting rights, Declarant reserves the right to appoint the Executive Board of the Association until the occurrence of one of the following events: a) Within sixty (60) days after conveyance to Unit Owners other than Declarant, of twenty-five percent (25%) of the units that may be created, at least one member and not less than 5 951284 twenty-five percent (25%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. b) Within sixty (60) days after conveyance to Unit Owners other than Declarant of fifty percent (50%) of units that may be created, not less than thirty-three and one-third percent (33-1/3%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. c) Within sixty (60) days after conveyance to Unit Owners other than a Declarant, of seventy-five percent (75%) of the Units which may be created within two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business or within two (2) years after any right to add new units was last exercised, all members of the Executive Board must be elected by Unit Owners and no members may be appointed by Declarant. In addition, Declarant may voluntarily surrender the right to appoint members of the Executive Board, but in such event, may continue to require Declarant's approval for certain specified actions as described in a recorded instrument executed by Declarant at such time. For the purposes of this Declaration, the maximum number of units which shall be subject to the provisions hereunder and which the Declarant reserves the right to create shall be five. Declarant reserves the right at any time within ten (10) years from the date this Declaration is recorded, to add additional real property to this common interest community. Said additional real property is not described hereunder but shall not exceed ten percent (10%) of the total area described on Exhibit A attached hereto. 3.06 Indemnification. The Association shall indemnify every director, officer, agent or employee, and any former director, officer, agent or employee against loss, costs, and expense, including reasonable attorney fees incurred in connection with any action, suit, or proceeding in which such person may be made a party by reason of being, or having been such director, officer agent or employee of the Association or Executive Board. This indemnification shall not apply to acts where such person is liable for gross negligence or fraud. Any such indemnification may only be paid out of the insurance coverage furnishing Officers and Directors of the Association errors and omissions insurance coverage or similar coverage. All payments or settlements of this indemnification shall be limited to the actual proceeds of insurance policies received by the Association, however, any deductible shall be paid by the Association. Said indemnification shall not apply to any managing agent hired by the Association as an independent contractor. 3.07 Rights of the Association. 6 951284 a) Association as Attorney -in -Fact for Owners: The Executive Board is hereby irrevocably appointed attorney -in -fact for the Owners, and each of them, to manage, control and deal with the interest of such Owner so as to permit the Association to fulfill all of its duties and obligations hereunder. The Executive Board is granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate in order to accomplish its purposes under this Declaration. b) Contracts, Licenses and Other Agreements: shall have the right without the consent Mortgagee to enter into or grant contracts, leases and agreements, concerning the use Maintenance Property and any improvements The Executive Board of Owners or First easements, licenses, of Common Areas and located thereon. c) Implied Rights: The Executive Board shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably implied from the provisions of this Declaration, or given or implied by law, including those established by the Colorado Common Interest Ownership Act, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. ARTICLE IV Assessments 4.01 Creation of the Lien and Personal Obligation of the Assessment. The Declarant for each Unit owned, within the Properties, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association an Annual Assessment, and Special Assessments to be established and collected as provided hereinafter. The Annual and Special Assessments created and defined in this Declaration, together with late fees, individual assessments, interest, costs, and reasonable attorneys fees shall be a charge on the Unit they are levied against and shall be a continuing lien upon the property against which each such Assessment is levied until such Assessment or charge, together with any late fees, costs of collection, and attorneys fees are fully paid. Each such Assessment, together with late fees, interest, costs and reasonable attorneys fees shall also be a personal obligation of the person who was the Owner of such Unit or of the persons jointly and severally, who were the Owners of such Unit at the time when the Assessment became due and payable. The personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by them. 4.02 Purpose of the Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Properties and the Members of the Association. In addition, said Assessments may be used for the maintenance, repair and improvement of the Common Area and landscaping thereon, for payment of management fees, payment of insurance 7 951284 premiums, payment of legal, accounting and other professional services provided for the benefit of the Association, maintenance of an adequate reserve fund for repair and maintenance of Common Areas and for other expenses incurred by the Executive Board for the benefit of the Association and its members. Also, the Assessments may be used for any other purpose reasonably necessary to implement the purposes described herein. 4.03 Annual Assessments. a) Annual Assessment for Common Expenses. An Assessment for common expenses shall be levied and assessed annually by the Executive Board against each owner of a Unit within the Subdivision. Said Assessment may include the establishment and maintenance of a reserve fund for the maintenance, replacement, reconstruction and repair of those portions of the Common Areas which the Association has a duty to replace, repair, maintain and/or reconstruct on a periodic basis. b) Levy of Assessments. At least thirty days prior to the close of the Association's fiscal year, the Executive Board shall determine subject to the provisions of this Declaration, the Annual Assessment which is payable by each Unit. The Annual Assessment may be later adjusted upon a finding of necessity by the Executive Board, but no more than twice in any one year. Written notice of any such Assessment or adjustment shall be sent to every Owner as such Owners are listed in the records of the Association. The omission or failure of the Board to levy any Assessment or fail to send notice shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay the Assessment. c) Non -exemption. No Owner or any person obligated to pay an Assessment may waive or otherwise escape liability for any Assessments provided for herein by non-use of the Common Areas and Maintenance Property, abandonment of his or her Unit, or by any other action. 4.04 Maximum Annual Assessment. a) Until the second annual assessment period, the maximum Annual Assessment shall be $500.00 per Unit. b) From and after the second annual assessment period, the maximum Annual Assessment may be increased each year not more than twenty percent (20%) above the maximum Assessment for the previous year. c) On an annual basis, after consideration of current maintenance costs, the current financial situation and future needs of the Association, the Executive Board shall fix the Annual Assessment at any amount not in excess of the maximum Assessment allowed 8 951284 under this section without any voting or approval requirements of the Members. d) The maximum Annual Assessment may be increased above that allowed in paragraph "b" of this section by a vote of at least fifty-one percent (51%) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.05 Special Assessments. In addition to the Annual Assessments authorized above, the Executive Board may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any of the Common Areas or other capital improvements of the Association, provided that any such Assessment shall have the assent of at least sixty-seven (67%) percent of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. This requirement shall not apply to expenditures made by the Executive Board for repairs in the event of damage or destruction as set forth in Article VII of this Declaration. 4.06 Uniform Manner of Assessment. All Annual Assessments and Special Assessments must be fixed at a uniform rate for all Units. In addition, at the option of the Executive Board, any Assessment, either Annual or Special, may be collected on a monthly or quarterly basis. 4.07 Date of Commencement of Assessments; Prorations; Due Date. The Annual Assessment provided for herein shall commence as to all Units at the time established by the Executive Board. The Annual Assessment shall be due and payable on an installment basis as determined by the Executive Board. Special Assessments shall be due and payable in a manner as established by the Executive Board but may be payable on an installment basis, as so determined by the Executive Board. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an Officer of the Association setting forth whether the Assessments on a Unit have been paid or the amount of Assessment currently owing with respect to a Unit. The Association, the Executive Board, the Officers and the Members shall have no liability for any inaccurate information supplied under this paragraph other than as specifically set forth in C.R.S. 38-33.3-317(8). 4.08 Non-payment, Remedies of the Association. a) All types of Assessments shall become delinquent unless paid by the due date. If any such Assessment is not paid by the due date, the Owner obligated to pay such Assessment may be required to pay a reasonable late fee, as determined by the Executive Board. Any Assessment not paid within thirty (30) days after the due date, shall bear interest from the due date at the rate 9 951284 of 18% per annum. The failure to make payment within sixty days of the due date thereof shall cause the total amount of such Owner's Annual Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Executive Board, without further notice. b) The Association may bring an action at law or equity against the Owner obligated to pay the Assessment or undertake any other remedies allowed by law. In the event it shall become necessary for the Executive Board to collect any delinquent Assessments in any manner, the delinquent Owner shall pay, in addition to the Assessment, interest and late fees as herein provided, all costs of collection including reasonable attorneys fees and costs incurred by the Association. c) The Association is hereby granted a continuing lien against an Owner's Unit for payment of any Assessment which the Owner fails to make as required by this Declaration. Such lien shall attach at the time of levy of the Assessment and continue until such Assessment, together with all late fees, interest and costs of collection,including reasonable attorneys fees are paid in full. The lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Unit. The lien hereunder may be foreclosed upon by the Association as provided by the laws of the State of Colorado for foreclosure of mortgages and deeds of trust on real property or as provided by the Colorado Common Interest Ownership Act. The Association shall have all rights in this regard as provided by the Colorado Revised Statutes. Subject to the rights of a first mortgagee, except as such rights are modified by the Colorado Common Interest Ownership Act; except as such rights if a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Dwelling Unit, the Executive Board may take possession and rent said dwelling Unit or apply for the appointment of a receiver for the Dwelling Unit without prior notice to the Owner. In the event an Owner is in default on any obligation secured by an encumbrance on a Unit in the subdivision, the Executive Board, at its option, may pay the amount due on said obligation and shall have a lien for said amount against the Unit which lien shall attach in the manner as provided for unpaid Assessments. d) The lien of all Assessments created and defined by the Declaration shall be superior to any homestead exemption as is now or may hereafter be provided by Colorado or Federal law. The acceptance of a deed to a Lot or Unit subject to this 10 951284 Declaration shall constitute a waiver of the homestead exemption as against such lien described hereunder. e) In the event any lien is required to be filed and released to enforce collection hereunder, all costs of preparation, filing and release shall be paid by the Owner as a cost of collection. 4.09 Reconstruction Assessments. In accordance with Article VII of this Declaration, the Association shall have the authority to impose and levy a Reconstruction Assessment against all Units for reconstruction of Common Areas or Maintenance Property and for payment of insurance premiums. Said Assessment shall be prorated among Owners in the same manner and proportion as the Annual Assessment. ARTICLE V Architectural Control Committee 5.01 Approval of Improvements Required. No improvement shall be constructed, erected or maintained upon the Properties, other than construction performed by Declarant, without the specific approval of the Architectural Control Committee, hereinafter known as the ACC. Improvements requiring approval of the ACC shall include the construction, reconstruction, remodeling, addition to or alteration of the exterior of any Dwelling Unit or any exterior structure located upon the Properties; the demolition or destruction, by voluntary action, of any Dwelling Unit, structure or other improvement located upon the Properties; the grading, excavation, filling or similar disturbance of the surface of the land including the removing of trees, retaining walls and any change or alteration of any previously approved improvement, including any change of exterior appearance, color or texture. Landscaping and fences shall be controlled by the provisions of this Declaration and variances to said provisions will not be granted except as specifically allowed under the terms of this Declaration. 5.02 Members of ACC. The ACC shall consist of three persons. Declarant shall have the right to appoint and reappoint the members who need not be Owners, until all lots within the subdivision have been transferred from Declarant. In addition, Declarant may terminate its right of appointment by providing written notice to the Executive Board or the Secretary of the Association. Thereafter members shall be appointed by the Executive Board for three year terms except terms for the initial ACC appointed by the Executive Board shall be one year for one member, two years for one member and three years for one member. All members appointed by the Board to the ACC must be Owners and shall be entitled to reasonable compensation for their service as approved by the Executive Board. 5.03 Procedure for Approval. Prior to commencement of work on an improvement as defined in this Article, the applicant desiring such improvement shall submit to the ACC, plans showing the location of the structures and improvements, and showing all aspects of the proposed 11 951284 improvements together with the proposed colors and materials for fences, roofs and exteriors; and any additional plans or information requested by the ACC. In addition, the Applicant shall pay any review fee established by the Executive Board. The ACC shall have the right to inspect the premises prior to approval and during and after completion of construction. Until receipt by the ACC of all required materials and the review fee in connection with the proposed improvement, the ACC may postpone review of the request. No improvement defined under this Article shall be constructed, erected, altered or maintained within the Properties until the final plans and specifications therefore have received written approval by the ACC as herein provided. 5.04 Decision of ACC. The decision of the ACC shall be made within sixty (60) days after receipt of all materials and plans required to be submitted to the ACC. The decision shall be in writing and, if the decision is not to approve a proposed improvement, the reasons -therefor shall be stated. The decision shall be promptly mailed to the applicant at the address furnished by the applicant. A majority vote of the ACC shall constitute action by the ACC. In the event of a tie vote, the request shall be treated as having been denied. 5.05 Criteria for Approval. The ACC shall have the right to disapprove any application which is not suitable or desirable for aesthetic or other reasons, and the ACC shall have the right to take into consideration the suitability of the proposed improvement, the materials of which it is to be built, the color, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land, the effect of the proposed improvement on adjacent or neighboring property, and if the improvement is in accordance with all of the provisions and intent of this Declaration and any design guidelines adopted under Section 5.11 hereinafter set forth. The application may be rejected if the plans and specifications submitted are incomplete. The ACC may condition its approval of any application upon such terms, conditions and changes as the ACC may deem appropriate. 5.06 Failure of ACC to Act on Plans. Any request for approval of a proposed improvement shall be deemed approved, unless written disapproval is mailed to the applicant within sixty (60) days after the date of receipt by the ACC of all necessary materials as determined by the ACC. This manner of approval may be appealed to the Executive Board by any Owner in the same manner as set forth in term 5.6 above. Any failure of the ACC to act under this Section shall not be deemed a waiver of any right to withhold approval or consent for a similar proposal submitted in the future. 5.07 Noncompliance. If the Board or ACC finds that any improvement has been done without obtaining the necessary approval under this Article, or was not done in compliance with the plans and specifications furnished by the applicant, the applicant shall be notified in writing of the noncompliance. Upon receipt of said notice, the applicant shall remedy or 12 951284 remove the improvement or portion which is in noncompliance within fifteen (15) days of the date the written notice of noncompliance was mailed. The applicant may appeal a notice of noncompliance within ten (10) days of the mailing of the notice by filing a written request for review with the Executive Board. Upon receipt of said written notice of review, the Board shall decide as soon as reasonably possible whether there has been noncompliance, with the decision of the Board being binding on all parties. In reviewing the matter, the Board may review any information it deems pertinent and request that any additional materials be supplied for its review. In the event the applicant or any owner fails to remedy any noncompliance, the Board may take any and all steps it deems necessary to effectuate such a remedy or to remove the noncompliance including all rights under law. The Board may remove the noncomplying improvement from :the property and assess the costs of removal against the owner. In addition, the Board may, at its discretion, levy a fine or individual Assessment against said owner for all costs and expenses incurred, including reasonable attorney fees in the matter or in the removal of any noncomplying improvement. 5.08 No Implied Waiver. No action by the ACC or by the Executive Board shall constitute a waiver or be binding with respect to future action by the ACC or the Executive Board under this Article. Specifically, no approval or failure to act by the ACC or the Board with respect to any improvement shall be deemed a waiver of any right to withhold approval or consent for any other proposed improvement or for any other similar proposals. 5.09 Nonliabilitv for Committee Action. No member of the ACC, nor any member of the Executive Board nor the Declarant shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the ACC or Executive Board unless it be due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the ACC shall not be responsible for reviewing, nor shall its approval of an improvement or plan be deemed approval from the standpoint of safety, or imply that said improvement is in conformance with building codes or other governmental laws or regulations. 5.10 Architectural Standards/Design Guidelines. The ACC has the authority to promulgate rules and regulations to interpret and implement the provisions of this Article. The rules and regulations may contain guidelines which will clarify the types of designs and materials that will be considered in design approval. All improvements proposed to be constructed as defined and described in this Article shall be constructed in accordance with any Design Guidelines adopted and also in accordance with the procedures set forth in this Article. 13 951284 ARTICLE VI Restrictive Covenants 6.01 Use of Properties. Each and every Lot or Unit within the Properties shall be used for single family residential purposes only, together with such accessory uses as are allowed by law, unless a later recorded Declaration for a subdivision approved after the recording of this Declaration within the Properties allows for a different use. All buildings or structures erected upon the Properties shall be constructed on site, and no buildings or structures shall be moved from other locations onto said premises. No temporary building or other temporary structures, trailers, basements, tents, shacks, barns, or outbuildings shall be erected, used or permitted to be kept or stored on any portion of the Properties for any period of time, except as specifically allowed in this Declaration, or except as utilized by Declarant or the assigns or lessees of Declarant. 6.02 General Restrictions. None of the Properties shall be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any Unit or any resident thereof and no billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on the Properties except as allowed under Section 6.03 hereafter. 6.03 Signs. Except as otherwise provided hereafter, no advertising signs (except one "For Rent" or "For Sale" sign per Unit of not more than six square feet), shall be erected, placed or permitted to remain on the Properties. Signs identifying the development or the individual subdivision may be placed in such locations and in such sizes as Declarant deems appropriate. The foregoing covenants shall not apply to the business activities, signs and billboards or the construction and maintenance of buildings and improvements, if any, of Declarant, its agents, contractors and assigns during the construction, sale and rental period. Any house numbers or other signs identifying Units and their occupants shall be a maximum of one square foot in area per character. 6.04 Storage. All clotheslines, garbage cans, service yards, storage piles or similar stored items shall be kept screened by adequate vegetation or fencing so as to conceal them from view of neighboring residences. No trash, litter, junk containers, bottles or cans shall be permitted to remain exposed on the Properties so as to be visible from neighboring Lots or Units or from the street. No outside storage of vehicle shells, junk vehicles, tractors, implements, other heavy machinery, shall be allowed on the Properties. Storage tanks of any type shall not be erected or permitted on the Properties. 6.05 Antennae. No satellite dishes with a diameter larger than eighteen (18) inches or like apparatus and no exterior television or radio antennae of any sort shall be placed, allowed or maintained upon any portion of the improvements or land anywhere on the Properties. 14 951284 6.06 Recreational Vehicles. All trailers, detached campers, boats or mobile homes which are parked or stored on any Unit shall be kept inside an enclosed garage or structure. 6.07 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on the Properties except that two (2) dogs or two (2) cats over the age of eight weeks or other household pets may be kept. No animals, including household pets, shall ever be kept for any commercial purpose. Dogs and other household pets shall not be allowed to run at large within the Common Areas. In the event an Owner or other person allows an animal to cause a nuisance to other residents, then the Board shall have the right, at its option, to declare a violation of these covenants and to take any appropriate steps allowed under this Declaration to remedy the situation. 6.08 Nuisances and Hazards. No nuisances shall be allowed on the Properties, nor any use or practice which is a source of annoyance to "residents or which interferes with the peaceful enjoyment or possession of the Properties. All of the Properties shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate nor shall any fire hazard be permitted to exist. No owner shall permit any use of his property which will increase the rate of insurance for any of the surrounding areas. In the event a Unit isdamaged, an Owner of such Unit shall repair such damage within 120 days unless the Executive Board grants a longer time period. 6.09 Prohibited Uses. No unlawful use shall be permitted or made of the Properties or any part thereof. All laws, ordinances and regulations of all governmental bodies having jurisdiction shall be complied with. 6.10 Construction Facilities. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant, its agents, employees and contractors to maintain during the period of construction and sale of the Lots and Units, upon such portion of the Properties as Declarant may choose, such facilities as in its sole opinion may be reasonably required, convenient or incidental to the construction and sale or rental of Lots and Units including, without limitation, a business office, storage area, construction yard, signs, model units, sales office, construction office, parking areas and lighting. 6.11 Design Specifications. The following specifications shall be required for all structures located on the Properties and must be met in addition to obtaining any required approvals from the ACC and conforming with design guidelines adopted under Section 5.11. A. Building Sizes. Each residence must contain a minimum of 1800 square feet of finished living space plus a minimum of a three car garage which may be detached. B. Exterior Materials. minimum of ten percent brick, stone or stucco. Exterior materials shall be limited to a (10%) of exterior wall surface of masonry No composite siding, (for example, masonite) 15 951284 shall be utilized without specific approval of the ACC and natural wood sidings are encouraged. All buildings and improvements on a lot must be of similar architectural design and styling with all colors and materials to be in harmony with those originally utilized in the construction. C. Additions. Lanais, trellises, hot tubs, gazebos, solar collectors, greenhouses, and other major structural improvements shall match and be compatible with materials used in construction of the original residence. Any addition must be within required building setbacks and approved by the ACC. In addition, all such features must be specifically approved by the ACC under the procedure set forth in this Declaration. l D. Storage Sheds. Detached storage sheds shall not be permitted on any Lot within the Subdivision. Attached storage sheds will be permitted if they match design materials and color of the residence and are specifically approved by the ACC as to design and location. 6.12 Illumination of Buildings and Grounds. Exterior illumination of houses, yards, garages, driveways and streets shall be limited to that reasonably necessary for security and safety, and lighting shall be oriented so as not to shine on any other property. 6.13 Lot Size. No Lot may be further subdivided from that existing at the time this Declaration is recorded, except by Declarant. ARTICLE VII Insurance 7.01 Coverage. The Executive Board shall at it's option, obtain and maintain at all times to the extent obtainable, insurance policies relating to the Common Areas and other property of the Association. Said policies shall be written with companies licensed to do business in the State of Colorado. The Executive Board and the Declarant shall not be liable for failure to obtain any coverages required if such failure is due to the unavailability of such coverages or if such coverages are available only at unreasonable cost. If requested in writing by an Owner or a first mortgagee, the Executive Board shall furnish a certificate of insurance or notices of termination of coverage or changes in coverage. ARTICLE VIII Property Ownership and Use 8.01 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision plat. No action shall be taken or use made of the easement area which damages or interferes with the installation and maintenance of 16 951284 utilities or which obstructs or interferes with the flow of water through drainage easements. Each Unit shall be subject to an easement for the benefit of the Association for the purpose of maintenance and repair and to meet any other purposes and requirements set forth in this Declaration. In addition, an easement is granted to all police, fire and other emergency agencies to enter onto any portion of the Properties in the performance of their duties. All easements created herein shall be deemed appurtenant to the Unit they affect and all conveyances or other instruments affecting title shall be deemed to grant and reserve the easements provided herein even if no reference to such easement is made in said conveyance or instrument. 8.02 Declarant's Easements. Anything to the contrary herein notwithstanding, the Declarant and/or its agents hereby reserve reasonable easements and rights -of -way over all Common Areas and Lots or Units not yet conveyed for the sole use of constructing improvements to the Properties and Units therein. This reservation shall terminate upon the completion of all the improvements to the Properties. 8.03 Condemnation. In the event of a proceeding in condemnation of any Common Area by any authorized governmental authority then the proceeds from such condemnation attributable to said Common Area shall be distributed to the Executive Board for repair of the Common Areas after condemnation and at the discretion of the Board, the balance remaining shall be distributed to all Owners in the same proportion as the Annual Assessments are assessed. When condemnation occurs, either to a Common Area or to other area within the Properties and such area is subject to a mortgage or deed of trust, the proceeds payable hereunder shall be distributed by checks made jointly payable to Owners and holders of first deeds of trust on the Units. ARTICLE IX General Provisions 9.01 Enforcement. The covenants, conditions and restrictions herein contained and amendments made hereunder shall run with the land and be binding upon and inure to the benefit of the Association, the Declarant and property Owners and may be enforced as provided hereinafter. Violation of these protective covenants shall give the Association, the Declarant or the Owners, or any of them, the right to bring proceedings in law or equity against the party or parties violating or attempting to violate any terms of this Declaration, the Articles of Incorporation and Bylaws of the Association, to enjoin them from so doing, to cause any such violation to cease or to recover damages resulting from such violation. In any legal or equitable proceeding to enforce the provisions hereof or to enjoin any violation, the party or parties against whom judgment is entered shall pay the attorney's fees of the party or parties for whom judgment is entered. Such remedies shall be cumulative and not exclusive. 17 951284 Notwithstanding the foregoing, except as specifically modified by the Colorado Common Interest Ownership Act, it is understood that the breach of any of this Declaration shall not defeat or render invalid the lien of any mortgage made in good faith and for value, provided, however, the covenants, conditions and restrictions shall at all times remain in full force and effect against said premises or any part thereof notwithstanding any foreclosure of any mortgage. No assent, expressed or implied, to any breach of any one or more of the covenants, conditions and restrictions shall be deemed to be a waiver of any succeeding or other breach. 9.02 Damages. An Owner shall be liable and responsible for payment of any loss or damage to any person or property caused by the act or negligence of the Owner or such Owners guests which occurs within the Properties or any common area. Any such loss or damages together with reasonable attorney fees and costs of collection may be recovered from the Owner by means of a fine, an individual Assessment or any other legal means. 9.03 Duration. The covenants, restrictions and reservations set forth in this Declaration, unless properly amended shall run with and bind the entire described Properties, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. In the even any of these covenants, restrictions and reservations would be held to be void because they are in violation of the rule against perpetuities or similar rule of law, these covenants shall then continue to be in effect for a period of twenty-one (21) years after the death of the last surviving descendant of Bill Clinton, President of the United States at the time of recording of this Declaration. 9.04 Amendments. Except for amendments by Declarant as allowed herein, this Declaration may be amended only by execution of a written document by the Owners of not less than fifty-one percent (51%) of the Units actually in existence at the time of such amendment. Said requirement shall be satisfied by the recording of a certificate signed by the Secretary of the Association certifying that the required percentage of Unit Owners have given notarized consent to the amendment. In the event prior approval of an amendment is required by the Federal Housing Authority, the Veterans Administration or similar agency, said approval shall also be required. 9.05 Scope of This Declaration. The undersigned Declarant, as Owner of fee simple title to the Properties, expressly intends to subject the Properties to the provisions of this Declaration upon recording of this document. Each Owner shall own their Unit thereof, subject to the provisions of this Declaration. Any instrument recorded subsequent to this Declaration purporting to affect an interest in the Properties shall be subject to the terms of this Declaration despite failure to make reference thereto. 9.06 No Representation. Except as expressly set forth herein, Declarant makes no representations regarding use of any Unit or Unit. 18 951284 Declarant makes no representations as to the existence, preservation or permanence of any view from any Unit or Unit. 9.07 Books and Records. Any Owner or Mortgage Holder on a Unit shall have the right to examine the books and records of the Association at any reasonable time upon reasonable notice. 9.08 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Declarant and each Owner and to the heirs, representatives, Personal Representatives, successors and assigns of each of them. 9.09 Severability. If any portion of this Declaration becomes invalidated in any manner whatsoever, it shall not affect in any manner the validity, enforceability or effect of the remainder of this Declaration and in such event, all other provisions of this Declaration shall continue in full force and effect. 9.10 ),lumbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural, the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF the Declarant caused this Declaration to be executed this %S day of-S=12N.:AP-Al , 1911; TE OF COLORADO) P-dva• + ) COUNTY OF TIMID ) ss. DECLARANT: The foregoing instrument was acknowledged before me this 1S ' day of yr// `al l �,d_ , 19%; by T e_ -Y r 1I e.,ny Witness mhand and official seal. My commission expires : pq_O,-Tg SEAL r Notary Publ 19 951284 Sheet 1 Weld County Planning Dept. - Continental View Ponds WATER LINE EXTENSION COST BREAKDOWN Quantity Unit Price Total Cost 4" PVC Waterline 549011 $6.97 $38,287 8x4 Wet Tap 1 ea $1,256.26 $1,256 4" valve & box 3 ea $290.16 $870 4" 90° bend 2 ea $125.30 $250 4" 11-1/4 bend 1 ea $98.92 $99 4" plug 1 ea $82.43 $82 Blowoff 1 ea $547.35 $547 1" air/vac. 2 ea $594.34 $1,189 2" taps 3 ea $140.13 $420 2" copper waterline 1951f. $9.64 $1,880 1" copper waterline 151f. $7.02 $105 3/4" copper waterline 1511 $5.79 $87 12" steel casing 1221f. $40.39 $4,928 TOTAL COST $50,000 Page 1 951284 Continental View Pond PUD Improvements - Cost Estimates Cul-De-Sac and Culvert Construction Improvements Quantity Unit Unit Cost Costs 4" - Class 6 Aggregate Base Course 215 TONS $16.00 $3,440 6" - Scarify/Compact Existing Subgrade 1110 S.Y. $ 1.00 $1,100 18" Corrugated Metal Pipe 30 FT. $35.00 $1,050 TOTAL CONSTRUCTION COST $6,000 Notes: - Class 6 ABC based on 1110 S.Y. and 130 pcf Page 2 951284 May, 1995 ITEMIZATION OF COSTS Landscaping and Wildlife Habitat Enhancement Improvements SUMMARY Wildlife Habitat (Stewardship) Perimeter (Northeast Corner) Total Amount of Colateral Page 3 $13,841.01 $ 1,158.95 $14,999.96 $15,000.00 951284 STEWARDSHIP INCENTIVES PLAN 4 INVENTORY Currently, woody vegetation consists entirely of the cottonwoods described above, augmented with a scattering of Russian -olives. WILDLIFE The pond is currently used by ducks, egrets and a wide variety of other shorebirds. Hawks were observed during field work. No threatened or endangered species have been observed, but the ponds are within the winter range of the bald eagle and in an area used by the interior least tern. Activities that enhance habitat for the latter species would receive funding priority under the Stewardship Incentives Program. Also, cost -share funding may be available through the Colorado Division of Wildlife and/or Ducks Unlimited. PLANTING PROJECTS Hedgerow Planting, Northwest Corner: Purpose: To provide a sheltered area along Boulder Creek for eventual (after expiration of cost -sharing obliga- tions) donation to Weld County as a greenbelt area. Description: This is a two -row planting around the pe- rimeter of the site. It is 950 feet long and 28 feet wide, including 10 -foot buffer strips on each side. It occupies 0.6 acres. Under SIP it is eligible for a maxi- mum of $171 for site preparation and planting and $465 for weed barrier, the two not to exceed $600. The outer row consists of 150 Rocky Mountain junipers on a six-foot spacing. The inner row is located eight feet from the juniper row and consists of 120 ponderosa pines on an eight -foot spacing. 150 Rocky Mountain junipers @ $0.91 ea.: 120 Ponderosa pines @ $0.91 ea.: 2000 Staples @ $43.40/1000: 6.2 6' rolls Weed Barrier @ $100.00/roll: SUB -TOTAL Sales Tax (3%) TOTAL, MATERIALS: LABOR, PLANTING; 270 trees @ $2.00 ea.: LABOR, WEED BARRIER; 6.2 rolls @ $96 ea.: GRAND TOTAL Page 4 $ 136.50 109.20 86.80 620.00 $ 952.50 28.58 $ 981.08 540.00 787.20 $2308.28 951284 STEWARDSHIP INCENTIVES PLAN 5 GRAND TOTAL From Stewardship Incentives Program: Net Cost: $2308.28 -600.00 $1708.28 Forester's Note: Hedgerow plantings are not high priori- ty under SIP. It is not likely that this planting will be funded. Hedgerow Planting, West Side: Purpose: To shelter Continental Pond from traffic and provide a windbreak to the pond and shore areas on the west side. To maintain habitat diversity, a strip ap- proximately fifty feet wide will be left in existing plant cover between the hedgerow and the pond along the west side of the property. Along Weld County Road 16 1/2, the strip will vary in width between sixty feet and nothing. Description: This is a two -row planting along the road and property line. It is 1448 feet long and 28 feet wide, including 10 -foot buffer strips on each side. It occupies 0.9 acres. Under SIP it is eligible for a maxi- mum of $258 for site preparation and planting and $698 for weed barrier, the two not to exceed $900. The outer row consists of 350 American plums on a four -foot spa- cing. The inner row is located eight feet from the plum row and consists of 210 Rocky Mountain junipers on a six- foot spacing. 350 American plums @ $0.39 ea.: 210 Rocky Mountain junipers @ $0.91 ea.: Sub -total: Bulk Discount (5%): Seedlings: 3000 Staples @ $43.40/1000: 9.5 6' rolls Weed Barrier @ $100.00/roll: Sub -total: Sales Tax (3%) Total, Materials: LABOR, PLANTING; 560 trees @ $2.00 ea.: LABOR, WEED BARRIER; 9.5 rolls @ $96 ea.: GRAND TOTAL From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: Page 5 $ 136.50 191.10 $ 327.60 16.38 $ 311.22 130.20 950.00 $1392.42 41.74 $1433.16 1120.00 912.00 $3465.16 -900.00 $2565.16 1732.58 $ 832.58 951284 STEWARDSHIP INCENTIVES PLAN 6 Forester's Note: Money from the wildlife programs is highly speculative. This is the maximum possible for this planting; the actual amount, if any, could be a lot less. Wildlife Thicket (Southwest Corner): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. 2. To shelter the southwest corner of the property, creating a protected area for ground -nesting birds. 3. To create a nesting site near water for mourning doves. Description: Thicket #1: A 1/10 -acre thicket (SIP -8, WH2) in the southwest corner of the property, is planned. It oc- cupies 0.1 acres and benefits 3.0 acres. American plums on a 4'X4' spacing will form a thick area for small animal shelter. It will require 250 seedlings and extend 93 feet north and 93 feet east of the prop- erty corner. Costs, Thicket #1: 250 American plums @ $0.39 ea.: $ 97.50 800 Staples @ $43.40/1000: 34.72 2.5 rolls 6' Weed Barrier @ $100/300' roll: 250.00 Sub -Total: $ 382.22 Sales Tax (3%): 11.47 Total, Materials: $ 393.69 Labor, Planting; 250 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: 500.00 240.00 $1133.69 -280.00 $ 853.69 -566.84 $ 286.84 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Bulk rates are available if you do several projects at once and order enough trees. If you do the work yourself, you can charge your own labor as a reimbursable cost. If you are a farmer, these costs are tax de- ductible as a conservation expense on Schedule F, Page 6 951284 STEWARDSHIP INCENTIVES PLAN 7 as are other costs listed below. Otherwise, you may add these costs to your basis for capital gains treatment. Check with a professional tax preparer for details. Wildlife funds are highly specula- tive. Wildlife Thickets (Northwest Corner): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. 2. To create a nesting site near water for mourning doves. Description: Thicket #2: A 0.2 -acre thicket (SIP -8, WH2) south of County Road 16 1/2 along the west property line, adja- cent to the hedgerow discussed above. Ponderosa pines on an 8'X8' spacing will form a thick stand for doves. It will require 136 seedlings. Costs, Thicket #2: 150 Ponderosa pines @ $0.91 ea.: $ 136.50 1500 Staples @ $43.40/1000: 65.10 5 rolls 6' Weed Barrier @ $100/300' roll: 500.00 Sub -Total: $ 701.60 Sales Tax (3%): 21.05 Total, Materials: $ 722.65 Labor, Planting; 136 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: 272.00 480.00 $1474.65 -560.00 $ 914.65 -737.32 $ 177.33 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Wildlife funds are highly speculative. Afforestation Project (West Point): Purpose: 1. To provide escape cover and ameliorate the preda- tor -lane effect of the hedgerow planting. Page 7 951284 STEWARDSHIP INCENTIVES PLAN 8 2. To create a nesting site near water for mourning doves. 3. To serve as a limited source of fiber, filling the SIP forest products requirement. Description: A 1.8 -acre afforestation planting (SIP -2, Heavy Site Prep & Planting) on the western peninsula is planned. Ponderosa pines on a 10'X10' spacing will form a stand for animal use and a source of fiber. It will require 690 seedlings. Costs, Afforestation Project: 690 Ponderosa pines @ $0.91 ea.: 6400 Staples @ $43.40/1000: 690 Weed Barrier Squares @ $2.00 ea.: Sub -Total: Sales Tax (3%): Total, Materials: Labor, Planting; 690 trees @ $2.00 ea.: Labor, Weed Barrier: GRAND TOTAL: From Stewardship Incentives Program: From DOW, F&G &/or DU: Net Cost: $ 627.90 277.76 1380.00 $2285.66 68.57 $2354.23 1380.00 1725.00 $5459.23 -738.00 $4621.23 -2729.62 $1891.61 Forester's Note: Based on 1994 prices. Prices are approximate and subject to change. Wildlife funds are highly speculative. Cat2ANc) -TZ7Tm- MAINTENANCE 4i 84101 The use of weed barrier just about eliminates the need for main- tenance, if it can be placed by mid -June (preferably June 1st). The only thing needed is an occasional inspection tour to re -an- chor weed barrier that comes loose. Watering will increase sur- vival and growth, but it is not needed. You can expect about 15% loss during the first year a planting is in the ground. One year after planting, seedlings usually look terrible. Tenth -acre shrub thickets can tolerate about 30% loss without replanting, but windbreaks must be replanted if they suf- fer even minor losses to keep from losing their effectiveness. These maintenance plantings may be cost -shared and generally pay the entire 65% (A 2500 -tree planting put in two years ago at a Page 8 951.284 8 00 Q for °°Q aa f I `f z0 t. a9 tj cl' d` 00 cipcD dj 7 itg BOTANICAL NAME c 01 O O 00 v� QeL. -43 40- i=110 tEc 0( N t a 0.6 in O Q65 Q$ O, DlpctIna00� c fl is Oic 2- m- Q V s 0� c _'c c• 0 0 ELL >> i a`a114u_au_o wad' ? ��un��iAtnn=cvm ('f Page 9 951284 UH' UU15I HaSUG HALE UI TURN - QULST ASSOCIATES 2769 IRIS AVE. BOULDER, CO 80304 PHONE (303) 444-4405 FAX (303) 440-4423 FAX TRANSMITTAL From: John C. Widerquist May 16, 1995 ci a.3s2.eet2- Weld County Planning Department Attn: Gloria Dunn FAX: Number of Pages Excluding this cover sheet: 0 Gloria: I talked with Lee Morrison, Asst. Weld County Attorney this morning and we discussed his memo as follows: 1. We have no problem with the $2,000 warranty collateral if the board requires it. For your information the wildlife planting by the Colorado State Forest Service are in progress and should be completed shortly. In addition, we have taken bids on the water and gas line extensions and plan to complete them as soon as the P[TD is approved and recorded. We will apply for a release on these items as soon as they are complete and approved. The only items remaining will be the landscaping (other than the wildlife plantings) and the cul-de-sac which will be done as soon the house construction is sufficiently complete. The amounts for these two items is minor. 2. We have contacted Bank One and hope to have a revised letter of credit with a three years automatic renewal clause to take with us to the meeting tomorrow. If this can't be done we will have it within a few days and will send it to you immediately. 3. Lee said that this item was just a comment for the board as he felt that our covenants had adequate assessment authority. In any event, Exhibit B is the plat itself which defines lots 6 & 7 as the common areas and lots 1-5 as individual building lots. Thanks for your help and please call if you have any questions or if you need any further information???? Turn -Quist Associates John Widerquist Please call us at 411 4105 if you have any problems with this fax. 951284 05/16/95 10:04 TX/RX NO.0816 P.001 ■ STAFF SUMMARY S-377 Continental View Ponds - PUD Plan PARCEL SIZE: 40 acres OVERVIEW OF PROPOSAL: subdivide into 5 lots for residential use and 3 outlots. Total area for residential lots: approx. 12.5 acres; average residential lot size: approx. 2.6 acres. Outlot A: existing lake for private recreational use & open space (approx. 23 acres) Outlot B: parcel reserved for dedication to Weld County for future public use in Boulder Creek open space corridor, located in nw corner of property (approx. 1 acre). Outlot C: cul-de-sac providing access to lots from WCR 3 1/4. FLOODPLAIN: All of Lot 1 and Outlots A & B lie in the 100 -year flood limits for Boulder Creek. Portions of Lots 2-5 also lie in 100 year floodplain. ACCESS: One each from Weld County Roads 3 1/4 and 16 1/2 WATER: Left Hand Water District FIRE DISTRICT: Mountain View FPD SEWER: Septic systems --each designed by Colorado Registered Professional Engineer. OPEN SPACE: maximum 10 per cent building coverage on Lots 1-5, remainder private open space. All common open space to be maintained by the Homeowners association. Wildlife enhancement plan proposed for property; recommendations for plantings prepared by State Forest Service. SUBDIVISION IMPROVEMENTS AGREEMENT: for private maintenance of cul-de-sac and interior access roads, water and gas line extensions, landscaping and wildlife habitat enhancement. The amount of the improvements agreement is $91,000, form of collateral is irrevocable letter of credit. REFERRAL COMMENT 951284 ▪ St. Vrain Valley School District: land dedication for school or cash -in -lieu. SURROUNDING PROPERTY OWNERS: Mike and Greg Shaw (residing directly east, across WCR 3 1/4) voiced opposition to the PUD Plan at the Planning Commission hearing. PLANNING COMMISSION RECOMMENDATION FOR APPROVAL (6 for passage, 1 against passage). - Complies with PUD goals and policies of Comprehensive Plan - Application conforms to the approved PUD district application & plat - Consistent with performance standards (WCZO, 35.3)(screening, common open space, circulation, setback require., etc.) - Will meet requirements of Flood Hazard Overlay District in all construction CONDITION OF APPROVAL #1: Items a, b, c, d satisfied with submittal of last week including completed Improvements Agreement, water augmentation agreement recorded with the County, final copy of Covenants, and amended plat. CONDITION OF APPROVAL #2: 26 notes placed on PUD Plan plat 951284 iL''t 1?' TO'd .STONIER BAWKi vE COPY { i Bade One. Colorado, t boulder Basking Center PO Box 1 Boulder CO 80:6060001 1900 Broadway lSuider CO 803N2 5246 IRREVOCABLE LITTER OP CREDIT To: Weld County Government 1400 North 17th Avenue Greeley, CO 80631 Dear Sirs: No. Date: Expiry: Amount: re' 303442170 Fax 303 442 1328 4039 05/03/95 05/03/96 ;91,000.00 We hereby establish our Irrevocable Letter of Credit in your favor in the amount of $91,000.00 (Ninety one thousand noisoo U.S. Dollars), available by drafts at sight. This Letter Of Credit is issued for the account of Terry Henze, Jack Olberding, William Bedell, and John Widerquist, 4816 Devonshire Street, Boulder, co 80301 for 5 lots in Continental View Ponds, PUD, Weld County and is subject to the following terms and conditions: DRAFTS. All drafts must be drawn on Bank One, Colorado, N,A., must be negotiated or presented to Bank One, Colorado, N.A. during our regular business hours on or before the expiration date stated above and must bear the reference, "Drawn on Bank One, Colorado, N.A. Letter of Credit No. 4039 dated May 3, 1995." DOCUMENTS. All drafts must be accompanied by the following documents: 1. This original Letter of Credit. 2. A written statement purportedly signed by an official of the Weld County Government stating that such funds represent amounts due and owing. OTHER TERMS AND CONDITIONl. This Letter of credit is not transferable. It is subject to Article 5 of the Uniform Commercial Code as in effect in Colorado on the date of its issuance. OBLIGATION OF ISSUER, Sank One, Colorado, N.A. agrees with the drawers, endorsers, and good faith holders of drafts drawn under and in compliance with the terms and conditions of this Letter of Credit that Sank One, Colorado, N.A. will duly honor such drafts upon presentation to this office. 0 Sincerely, Robert .t' - Vice President r MemberPDIC 951284 now mem* MS SES; 02; £0= 37613H H 1 172 OT $66T-2N-AHIJ r B 1080 REC.0'020350 08/12/85 10:47 C12.00 1/004 F 0228 MAF :N FEUERSTEIN CLERK G RE :R WELD CO, CO ATT. B AGREEMENT REGARDING SAND AND GRAVEL MINING AR2020350 AND AUGMENTATION PLAN PERTAINING THERETO THIS AGREEMENT is made this at day of , 1984, between Leslie Williams and Martha Williams, hereinafter termed WILLIAMS, and THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation, hereinafter termed WATER USERS: WITNESSETM: WHEREAS, WILLIAMS own the property described on the attached Exhibit A for which Boulder Creek Gravel Products, Inc. has applied for a Special Use Permit from Weld County and for a Mining Permit from the Mined Land Reclamation Board of the State.0f Colorado to enable it to conduct sand and gravel mining activities on the property; and WHEREAS, WILLIAMS shall be responsible for maintenance of the recla- mation plans as completed by Boulder Creek Gravel Products, Inc., which plans include the creation of one or more lakes; and WHEREAS, the WATER USERS have no objection to the mining and reclama- tion plans if an augmentation plan for Boulder Creek is entered into for the purpose of compensating for potential additional evaporation which may result from the lakes created by the mining, and the parties have agreed upon such an augmentation plan as set forth herein. NOW THEREFORE, it is mutually agreed as follows: 1. WILLIAMS agree as follows: A. To allow Boulder Creek Gravel Products, Inc. to conduct a mining operation in accordance with the requirements set forth in the Mining and Reclamation Plan as finally approved by Weld County and the Mined Land Reclamation Board of the State of Colorado as per a separate agreement on WILLIAMS land; B. That neither they nor their successors nor assigns will claim, or attempt in any way to appropriate any water which is assertedly developed, or which assertedly augments stream flow, as a result of the contemplated mining operation and reclamation plan. The foregoing sentence shall not preclude WILLIAMS from raising any such claim as a defense to any judicial or administra- tive proceeding brought by either a governmental agency or a water user not bound hereby, so long as the water which WILLIAMS assert has been so developed or so augments the streamflow is not claimed to exceed that necessary to compensate for the injury to the water rights of others asserted in the proceeding to have been caused by the mining operation and reclamation plan. C. Boulder Creek Gravel Products, Inc. will construct lakes contemplated by the approved mining and reclamation plan, in a good and workmanlike manner, and in a -manner that will have inlet and outlet structures wh .. can be controlled by the State Engineer of the State of Colorado and his representatives. .951284 B 1080 RF^ '2020350 08/12/85 10:47 $12.00 2/004 F 0229 H. ANN FEUERSTEIN CLERK ar 1 .cDER WELD CO, CO D. Boulder Creek Gravel Products, Inc. will reconstruct histori- cal wasteways and ditches in such a manner as to assure that no ditch user or person affected by such ditch or ditches shall be injured and in such a manner that the water and wastewater flowing in such ditches will flow in the same manner and at the same time as it has historically flowed. In addition, written approval from the owners of each ditch affected by the mining activities shall be. received, and copies furnished to the WATER USERS prior to the commencement of mining activities. E. To reimburse the WATER USERS for its necessary and reason- able expenses incurred In connection with its review of the Mining and Reclamation Plan and the preparation of this Agreement, which the parties agree is $500.00. F. WILLIAMS, for themselves, their successors and assigns, fur- ther agree to augment Boulder Creek, thereby preventing injury to other water users, by allowing 50 acre-feet per year from their ownership of Gooding Dailey and Plumb Ditch, but not more than one share, not to he diverted through the ditch headgates, thereby allowing such water to remain a part of the water of Boulder Creek, or if diverted at the ditch headgates, not to bo used for irrigation or any other purpose, but to be allowed to flow back into Boulder Creek. The decision as to whether or not such water shall be diverted at the respective ditch headgates, and if diverted, at which point it shall be allowed to flow back into Boulder Creek, shall be made by the WATER USERS. One share of Gooding Dailey and Plurb stock has a historic (1953 through 1977) average yield of 61.28 acre-feet per year and a safe yield of 58.10 acre-feet per year. In any case, this water shall be used to augment evapora- tion plans and shall never be used for any other purpose. Open pond surface created by these pits will be 25 acres or less. The land heretofore irrigated by, and the water heretofore attributable to, such shares shall no longer be irrigated by such shares. G. In order to implement the provisions of this Agreement, WILLIAMS agree that the Certificates described in the preceeding paragraph shall be endorsed as follows: "These shares and the uses of water attributable thereto arc restricted by an Agreement dated entered into between WILLIAMS and TILE WATER USERS ASSOCIA- TION OF DISTRICT NO. 6, a Colorado nonprofit corporation, and arc subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Re- corder of Weld County and affects land in Section 29, Township 2 North, Range 68 West of the 6th P.M." Such certificates shall be surrendered to the WATER USERS or to the Secretaries of the respective ditch companies, so that the endorse- ment can be placed thereon, after which the Certificates shall be returned to WILLIAMS. -2- 9512©4. B 1080 REC 20350 08/12/85 10:47 2.00 3/004 F 0230 MARX ...,N FEL]ERSTEIN CLERK i RECt,.u,n:R WELD CO, CO M. WILLIAMS, for themselves, their successors and assigns, shall continue to pay all ditch assessments applicable to the shares men- tioned above. 2. COVEIIAIIT RUNIIINC WITH THE LAUD AHD DITCH STOCK. This Agreement shall be a covenant which runs with the land described on the attached Exhibit A, and the stock in the Boulder and Weld County Ditch mentioned above, and shall continue in effect and be binding upon the parties, their successors and assigns, unless or until the WATER USERS, or a majority of its voting membership or successors shall waive the terms hereof, or until entry of a judicial determination modifying this augmentation plan, or determining that augmentation is not required or will no longer be required. In the event that after any and all appeals have been completed, the Water Court, or other appropriate agency, by final decree or order approves an amendment or different augmentation, or determines that augmentation is not required orwill no longer be required, each of the parties hereto agree to abide by the outcome of such final decree and the existing plan for augmentation shall be deemed to be modified accordingly. 3. OBJECTIONS TO PERMIT. In consideration of the covenants herein contained, the WATER USERS and its members hereby: A. Withdraw any and all objections to granting the special use permit and consent that the same may be issued at the discre- tion of Weld County. D. Withdraw any and all objections to granting the mining per- mit and consent that the same may be issued by the Mined Land Reclamation Board. C. Covenant that they will not raise any objection to the mining, reclamation, pumping and creation of a lake or lakes de- scribed herein or commence any litigation seeking injunctive or compensatory relief arising therefrom except for violation of the Agreem:nts set forth herein, as to any period of time when the augmentation plan described herein remains in effect. 951284 4. ENFORCEMENT. This Agreement may be enforced by the WATER USERS, or any of its members who arc adversely affected by any violation of any term hereof, by seeking any appropriate equitable and legal remedies, Including in- junctive relief, specific performance and damages. In the event that litiga- tion is commenced by the WATER USERS or any of its members to obtain such enforcement, and the WATER USERS or any member prevails, WILLIAMS and/or their successors and assigns, agree to pay for any reasonable attorney's fees and court costs expended by the WATER USERS or the member in obtaining such en- forccmcnt; but if WILLIAMS prevail, the WATER USERS, or the member instituting the litigation, shall pay such fees and court costs expended by WILLIAMS. B 1080 R1 ?020350 08/12/85 10:47 $12.00 4/004 F 0231 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO III WITNESS WHEREOF, the parties hereto have attached thcir signatures on the day and year first above written. •; tcslie•Williams ' Martha Williams THE WATER USERS ASSOCIATION OF DISTRICT 110. 6, a Colorado nonprofit corporationce 4,44_4, BY: Milton H. Nelson, President *Ferrin Harsch, Secretary ATTEST: STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS. n • The foregoing of .14.L z' '.. , 1984, Secretary,7riite Water profit corporation. Wi My commission expires: instrument was acknowledged before me this .4.t4day by Hilton H. Nelson, President, and Ferrin Harsch, Users Association of District No. 6, a Colorado non- tness my hand and official seal. a Na PLAs. .. Rotary Public s STATE OF COLORADO ) ss. COUNTY OF BOULDER ) .. The foregoing instrument was acknowledged before me this /%?71 day of..j..ortdN.1 1981, by Leslie Williams and Martha Williams. Witness my hand and official seal. My commission expires: A. :it_ t.2 Notary Public -4- 9512©4 M 0 Y Hello