HomeMy WebLinkAbout982683.tiff 11/
Planned Unit Development Plan Application "4,n,
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Plagpinv Department Use Only: h
Case Number 5— N51 Application Fee:
Zoning District > (E+Ay) Receipt Number `!
Date g— 4.4:P Application Checked By: 40b
Planner Assigned to Case:
I(we),the undersigned,hearby request a hearing before the Weld County Planning Commission and the
Board of County Commissioners concerning the proposed subdivision of the following described unincorporated
area of Weld County.
Legal Description: S I/2 of the SW I/4 of Section 7,T3N,R68W of the 6th P.M..
Parcel Number: 120707000034
Name of proposed subdivision:Summit Peaks Estates
Existing Zoning:Agricultural
Proposed Zoning:Ten,2 1/2-3 1/2 acre lots-Estate(lots 1-10)
Two,20 acre lots-Agricultural(lots II&12)
Total Acreage: 75.75 Lot Size(average):6.3 1 acres Miminum:2.5 acres
Utilities: Water:Longs Peak Water Sewer.Septic
Gas:Propane Phone:US West Communications
Electric:Poudre Valley REA Districts: School:St.Vrain School District
Fire:Mountain Mew Fire District
Designers/Engineers Name:Swift and Associates
Address:421 21st Avenue,Longmont,CO 80501 Phone:(303)772-7052
Owners Lessees of Mineral Rights on or Under the Subject Properties of Record in the
Weld County Assessor's Office:
Name:Union Pacific Resources Address:801 Cherry St.,Ft.Worth,TX 76102
Surface Fee,Property Owners of area proposed for PUD Rezoning:
Name:Doug and Diana Cummings Phone:(303)666-5272
Address: 1843 Eisenhower Dr. Louisville,CO 80027
Name:Larry Kaylor Phone:(970)532-1429
Address:P.O.Box 21423 Boulder,CO 80308
Larry Kaylor Z.--
Doug Cummings
Diana Cummings /14er - c '
982683
POD Final Plan Comoliance
All statements,exhibits and information provided within this document are designed to comply
with the intent of ordinance 197,dated January 26, 1998. All recommendations as determined in
the change of zone hearing for Summit Peaks Estates will be adhered to.
7.3.1-Change of Zone Plat-The change of zone plat was filed for recording with the County
Planning Department on April 9, 1998.
7.3.2-Certificate of Title- See Appendix A.
7.3.3-Dedications-The roads within the development have been designed to the county
standards. After the one year warranty period the road will be deeded to the county. The Public
Works Department has indicated that they will accept the roadway after the warranty period. A
title commitment could be issued after the warranty period.
A cash in lieu of land agreement dated April 14"', 1998 between St.Vrain Valley School
District RE-I J and Green Acres Enterprises,LLC is attached as follows. The agreement
states an amount of S427 per unit must be contributed prior to receiving a building permit on
any new residential dwelling within the development. Additionally,a general note will be
placed on the plat to identify this fee. See Appendix B
7.3.4-Deeds-Public Purposes-There are no lands other than the roadway that will be deeded
to a public body.
7.3.5-Certificate from County Treasurer-See Appendix C
7.3.6-Certificate from Qualified Engineer-See Appendix D
7.3.7- Deed Restrictions
On the Change of Zone Plat the General Notes Include:
1. The PUD District shall consist of ten(10)residential lots and two(2)
residential/agricultural lots.
2. The PUD District allows for E(Estates)and A(Agricultural)uses and shall comply
with the PUD zone district requirements as set forth in section 5 of the Weld County
PUD ordinance.
3. The PUD shall be serviced by Longs Peak Water District for water service and septic
systems will be used for sewage disposal.
4. The PUD final plan shall comply with the requirements of ordinance#197,Weld
County Public works,Mountain View Fire Protection District,Colorado Geological
Survey,Longmont Soil Conservation District, St.Vrain Valley School District,Longs
Peak Water District,Weld County Health Department and Weld County Building
Inspection Department.
5. Installation of utilities shall comply with section 10 of the Weld County Subdivision
Ordinance.
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6. Outdoor storage shall be screened from public right-of-way and adjacent properties.
7. The Applicant shall remove,handle and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. Any manure piles on site shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors,flies,
insect pests,or pollutant runoff.
8. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site.
10.Waste materials shall be handled,stored and disposed in a manner that controls
fugitive dust,blowing debris,and other potential nuisance conditions.
11.Fugitive dust shall be controlled on the site.
12. An individual sewage disposal system is required for each proposed home and shall be
installed according to the Weld County Individual sewage disposal regulations. This
basic soil condition description shows a slow permeability and it is likely these systems
will have a slow percolation which will require engineered septic systems.
13.All lots shall access onto the internal road system. No lots shall have a direct access
onto Weld County Road 34 or Weld County Road 1.
14.In order to address the requirements of the Mountain View Fire Protection District
residential fire sprinkler systems shall be installed in each residence.
15.No building permits will be released until lot numbers and addresses are assigned and
street signage is in place.
16. Any proposed lighting or signage shall adhere to all rules and regulations as stated in
the Weld County zoning ordinance and planned unit development ordinance.
17. All buildings and structures shall be engineered designed.
Appendix E includes Summit Peaks Estates Declaration of Covenants,Conditions and
Restrictions.
7.3.8-Improvements Agreement
Under the requirements of the Improvements Agreement,paragraph 8.1,we will famish a Letter
of Credit from Berthoud National Bank. Appendix F includes our improvements agreement.
7.3.9-Street Facilities. The radius requirements,as specified in the letter dated January 6, 1998
from Don Carroll-Engineering Administrator,have been met. Specifically,the plat identifies and
provides dimension of a 52'radius including a structural shoulder at each cul-de-sac. A 35'
paved radius at each intersection is contained within the plat to accommodate turning vehicles.
The public works department indicated that a right-hand deceleration lane may be required to
incorporate the school bus stop and the mail stop. As described in the Change of Zone Specific
Development Guide,the school bus stop was moved away from the development's entry and the
individual lots will have their own mail boxes. These features are acknowledged in the Public
Works Departments Change of Zone Referral response and preclude the requirement for the
deceleration lane. Additionally,the attached information further supports that a right-hand
deceleration lane is not required. See Appendix G for Engineering memo.
7.3.10-Off-Site Road Improvements Agreement -Not applicable.
7.3.11-Construction Schedule-See Appendix H
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7.3.12-Method of Financing and Estimated Costs
The improvements to the PUD will be financed by a conventional loan issued by Berthoud
National Bank. The attached schedule described the estimated costs for the improvements.
See Appendix I
7.3.13-Certified List of Surrounding Property Owners-Re-verified by Doug Cummings
April, 1998-See Appendix J
7.3.14-Certified List of the Mineral Owners-Re-verified by Diana Cummings April 15, 1998
-See Appendix J
7.3.15-Compliance with the Change of Zone
The uses which will be allowed within Summit Peaks Estates will conform with the
performance standards of the P.U.D.zone district. Issues such as access standards,
buffering,setbacks,circulation,common open space,compatibility,design and
landscaping standards are contained within the plat,landscape plan and covenants.
The proposed uses as indicated in our change of zone development guide are as follows:
A. Building Sites-2.5-3.0 acre building sites for single-family homes in an agricultural
environment.
B. Utility Buildings-Allowances for utility buildings to house livestock,vehicles and
equipment/machinery.
C. Animal Unit System-
Kinds and classes of animals Animal-Unit
Cow or bull older than 1 year 1.0
Cow less than 1 year old .75
Horse,older than 1 year 1.0
Horse,less than 1 year .50
Individual Sheep,older than 1 year .50
Individual Lamb,less than 1 year .25
Goat,older than 1 year 1.0
Kid,less than 1 year .50
Llama,older than 1 year 1.0
Llama(cria),less than 1 year old .50
Fowl .30
Rabbits .20
Swine 1.0
Bison(limited to lots 11 & 12) 1.25
Elk(limited to lots 11 & 12) 1.25
Maximum allowable Animal units per lot:
Lots 1-10: 2.5 animal units per lot
Lots 11& 12 25 animal units per lot
D. Right to Farm covenant-The Right to Farm Covenant will be adopted and is included
in the covenants.
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. . . . . . . . . . . . . . . . . . _ _ . _ . . _ . _ - . . . . . .. . .
E. 4-H Friendly-The community will allow its residents the freedom to pursue 4-H
projects.
F. Gardening and Landscaping- Gardening and mature landscaping will be encouraged.
G. Common Openspace Activities-Barbecues,picnics,volleyball,horseshoes,walking,
running,cross country skiing,horseback and bicycle riding all are encouraged within
the 7.1 acres of common open space.
H. Restricted Uses
a. Noise Limitations-No offensive noise or other detrimental nuisance will be
permitted.
b. Fire Hazards-No conditions or activities will be conducted that create a fire
hazard.
c. Electrical Interference-Electronic interference will not be tolerated.
d. Drilling and Ditch Digging-All earthwork will require approval and
specifically wells for oil,gas,water or other substances will not be allowed.
e. Residence appearance-residences and detached buildings will protect the
value and beauty of the development.
f. Overgrazing-Overgrazing grass 2 inches or less will require immediate
reclamation.
g. Radio Active Materials-No radioactive materials in any amount may be stored
or transported across the properties.
7.3.16-Final Plat Map-
7.3.17-Landscape Plan-
7.3.18-Utility Map-
7.3.19-Final Drainage Report-Appendix N
7.3.20-Soils Report:Pavement thickness Design and Preliminary Geotechnical Engineering
Report-Appendix O
4
APPENDIX A
Certificate of Title(Commitment)
5
. . _ . . _ . . . . _ . . . . . . _ _ . . . _ . . . . . . . . . _ . . _ . _ _ _ . . . .. . . . . ..
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•
WARRANTY DRRD RNs, . 'ulna fit
THIS Ora Mon Si. (15 drat February •11 0s• ,Brio"f,F;,:oQ:STHAT
1 Wnard A. Hoagland and chary! L. Woodland, '11 SU:'•.:>A TRUE AND
Trustees at The Reralard and Cheryl Hoagland Living CIRSCTAOHTOFTHE
Trust dated October 24, 1914 JlI/D-01AL..
et lb.County of geld dare(Colorado , aNIIL.�i.n
pant
Lin M green
aslty a !eternised, WC, a Colorado FD$T
Ma113ni Addresa:UU Ilaon►nott Or, Louisville, CO 1003e
wows lyal Stan h Vacant.Land. Longmont,
dike County at Wald ad gad Colorado trans
WRNICISI H.TW de pea ter d Is s.ullwllea.far Few as two HOIORID TORTE 11IDHJANO AND
NO/300
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la maid d.alliduq dada h kaki.Se itila W peal SILOS,Si lad..anpd d hr ama mass
Jmx Vet hawk set sera d walks.mama a gulls..IS ham d der 0rmara,lu da nl Pyalr beam an
topmasstse.H up.dank.Mal d b.be Is a County et Wald ,d Few at Cabinda.
bodied u Moan .
Ills South Halt of the ilouthvat Quarter of seat ion 7, Township 3 North, Range
4I Mot of the 0th O.M.,
County of Weld, State'ot Colorado
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da tans bTnad nada as Vacant Land, Langaant• Colorado 00501
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TO HATS AND TO HOLD the aid pars•ben W W.d d 4.51.5.Mr a.ppwau,moo a arm.,his
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and of a pans aben mama.hm pod.a pm..t shahs d bdkmbd.alas x Worlomas.an lac.In
a Mud..d Is dead debt i.e pwu d Wad eWaq a pat toped MI d tram a tam is a.u..r el far
u.au.id d dal a tame are Ar mad.lam dam d famn d max pat,bane.salsa llama WM.,wemap.
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Soo*a cane.his boa d map&plod sH d vary par at pram Waft dined a mask at oar As.Owen(
TI.ape,mamba Mall ago apart Or pale thwart Coda mod map pram Mall I.rpenbk u an Mean
INWrrladllWNWIOT•as pea km salmi M4 dad as a dam ad an awn.
Barnard A. Naegland and Cheryl L. Headland, Trustees of The'Barnard and Caryl
Hoagland Livingg/11 nun dated Oats 34, lilt
BT r�U A, e � dal.X dt
Fetpa�, Neaylaed. Truro • Cbe4. Nnd, 1Tu.t.e
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'r STA IGOI1 CQLOAADO
I/ica.11 w1I,LO it 11
'TM form]p,3r4MA.A.
aeeaasdpd yam moa. Us dip el Fehroery At90 ,by
woe
mad Cheryl L. N.NLM. Trustees of The arnard and
mClitorTicgoogland Living Trost dated deteber 34, 1914
MpCueW.hm anon 7..."-1AOl Vilmaa _
v.amalaW m nnw rvwu.Bourg.. cc..u,uwt� •
Nlh roil E
Security Title Guaranty Co. t
-
The Title Insurance Commitment is a legal contract between you and the company.It is issued
to show the basis on which we will issue a Title Insurance Policy to you.The Policy will insure you
against certain risks to the land title,subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form,if you ask
The Commitment is based on the land title as of the Commitment Date.Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements,Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment Date 2
2. Policies to be Issued,Amounts and Proposed Insureds 2
3. Interest in the Land and Owner 2
4. Description of the Land 2
SCHEDULE B-1 —Requirements 3
SCHEDULE 8-2—Exceptions 4
CONDITIONS other side 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,please contact the issuing office.
CONDITIONS
1. DEFINITIONS
(a) "Mortgage"means mortgage,deed of trust or other security instrument
(b) "Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B-Section 2 may be amended to show any defects,liens or encumbrances
that appear for the first time in public records or are created or attached between the Commitment Date
and the date on which all of the Requirements of Schedule 8-Section 1 are met.We shall have no liability
to you because of this amendment.
3. EXISTING DEFECTS
If any defects,liens or encumbrances existing at Commitment Date are not shown In Schedule B,we may
amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or encum-
brances,we shall be liable toyou according to Paragraph 4 below unlessyou knew of this Information and
did not tell us about It In writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment when you have met its
Requirements.If we have anyliabil Ityto you forany loss you Incurbecause of an error in thisCommitment,
our liability will be limited toyouractual loss caused by your relying on thisCommitment when you acted
In good faith to:
comply with the Requirements shown in Schedule B-Section 1
or
eliminate with our written consent any Exceptions shown In Schedule B-Section 2.
We shall not be liable for more than the PolicyAmount shown in Schedule A of thisCommitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Anyclaim,whetheror not based on negligence,which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
FY,i MAMMA'?
ECURITY TITLE GUARANTY COMPANY
.00 10th St..#302.Greeley.CO 80631,(970)356-3200
COMMITMENT
sCHNDULE A
Commitment Mos UR35131A97
1. Commitment Date: May 23, 1997 at 8:00 A.M.
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy - Proposed Insured: $
Green Acres Enterprises, LLC
(b) Loan policy - Proposed Insured: $
To Be Assigned
3. Pee Simple interest in the land described in this Commitment is owned, at the
Commitment Date by:
Bernard A. Hoogland and Cheryl L. Hoogland. Trustee(s) of the Bernard and
Cheryl Hoogland Living Trust dated October 24, 1994
4. The land referred to in this Coessitment is described as follows:
A portion of the South 1/2 of Section 7, Township 3 North, Range 68
West of the 6th P.M., (See Requirement No. 1, Schedule B, Section 1
herein).
County of Weld,
State of Colorado.
(for informational purposes only) County Line Road
PREMIUM:
Ownpr's Policy $ 833.00
Mortgage Policy $ 75.00
Tax Certificate $ 10.00
Form 100-Restrictions $ 30.00
Form 140.1-EPA Residential $ 30.00
06/10/97 14:58:53 jp rm1133
/10/97 14:58:55 jp rm1133 Ella•UR111JIA97
NOTICE TO PROSPECTIVE MINERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
OAP PROTECTION
"len this Company conducts the closing and is responsible for recording or filing the
'gal documents resulting from the transaction, the Company shall be responsible for
rll matters which appear on the record prior to such time of recording or filing.
M ECHANIC•S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
.verage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
nprovements or repair in the last six months prior to the date of this commitment
Lne requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
E certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district; a certificate of taxes
ue listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
ommissioners, the county clerk and recorder, or the county assessor.
.,/10/97 14:58:57 jp rm1133 Pik. UR35131A91
cm No. 1344-B1 (CO-88)
TA Plain Language Comitment
SCHEDULE B - Section 1
)rder No. UR35131A97
Requirements
ne following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
Pay us the premiums, fees and charges for the policy.
:) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
'd) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Provide Title Company with an accurate legal description of the land
to be insured.
2. Affidavit of Trust for The Bernard and Cheryl Hoagland Living Trust, a trust,
executed by any trustee, setting forth the name of the trust and the names and
addresses of all trustees.
3. Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
4. Deed of Trust sufficient to encumber the fee simple estate or interest in the
land described or referred to herein for the benefit of the Proposed Insured,
Schedule A, Item 2 b.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C..R.S.
39-22-604.5 (NONRESIDENT WITHHOLDING).
/10/97 14:59:00 jp rm1133 Hle#110.35131A91
?ore No. 1344-82 (CO-88)
.TA Plain Language Commitment
SCHBDULB B - Section 2
)rder No. UR35131A97
Exceptions
my policy we issue will have the following exceptions unless they are taken care of
1 our satisfaction:
L. Taxes and Assessments not certified to the Treasurer's Office.
Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
Easements, or claims of easements, not shown by public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Rights of way for County Roads 30 feet on either side of Section and Township
lines, as established by the Board of County Commissioners for Weld County,
Colorado, recorded October 14, 1889 in Book 86 at Page 273.
3. Reservations by the Union Pacific Railroad Company of (1) oil, coal and other
minerals underlying the land, (2) the exclusive right to prospect for, mine
and remove oil, coal and other minerals, and (3) the right of ingress and
egress and regress to prospect for, mine and remove oil, coal and other
minerals, all as contained in Deed recorded in Book 417 at Page 275, and any
and all assignments thereof or interests therein.
o. An easement for water pipelines and incidental purposes granted to Longs Peak
Water Association by the instrument recorded March 7, 1974 in Book 710 at
Reception No. 1631549.
. An undivided full interest in all oil, gas, and associated liquid hydrocarbons
conveyed to Champlin Petroleum Company by Mineral Deed recorded January 13,
1978 in Book 819 at Reception No. 1741399 and any and all assignments thereof
or interest therein.
1. An Oil and Gas Lease, from Champlin Petroleum Company as Lessor(s) to Amoco
Production Company as Lessee(s) dated December 13, 1977, recorded February 10,
1978 in Book 822 at Reception No. 1744181, and any and all assignments thereof
or interests therein.
. An easement for a pipeline for the transportation of oil, gas or other
--Continued
/10/97 14:59:08 jp rm1133 File*0935131AP
'ore No. 1344-B2 (CO-88)
TA Plain Language Commitment
Schedule B - Section 2 continued
)rder No. UR35131A97
substances and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded May 27, 1982 in Book 968 at Reception No.
1893002.
13. Terms, conditions, provisions, agreements and obligations specified under the
Surface Owner's Agreement by and between The First National Bank of Longmont
as Trustee of the George M. McCaslin Trust and Champlin Petroleum Company
recorded September 20, 1982 in Book 978 at Reception No. 1904188.
Assignment of Surface Owner's Agreement recorded October 4, 1990 in Book
1278 at Reception No. 2229277.
14. Notice concerning underground facilities of United Power, Inc., formerly
Union Rural Electric Association, Inc., recorded January 24, 1991 in
Book 1288 at Reception No. 2239296.
NOTE: At policy the following note will be added to Endorsements 100.30,
100.23, 140.1 and Form 100:
NOTE: Not withstanding the fact, the protection hereby afforded is limited
to a radius of within 25 feet of the major dwellings and surrounding out-
buildings.
Ale1 Ue11111A91
rder No. UR35131A97
AFFIDAVIT AND IMMENSITY
TO FIRST ANNIICAN TITLN INYDPANCN COMPANY
This is written evidence to you that there are no unpaid bills, and to the extent there
,ay be unpaid bills that the undersigned undertakes and agrees to cause the same to be paid
such that there shall be no mechanics or materialmen's liens affecting the property for
sateriale or labor furnished for construction and erection, repairs or improvements
ontracted by or on behalf of the undersigned on property located at County Line Road,
angmont, Colorado 80501 and legally described as:
k portion of the South 1/2 of Section 7, Township 3 North, Range 68 West of the 6th P.N.,
See Requirement No. 1, Schedule B, Section 1 herein),
IQFTY OF WELD,
stATR OF COLORADO
We further represent that to the actual knowledge and belief of the undersigned there
:a no public improvements affecting the property prior to the date of closing that would
jive rise to a special property tax assessment against the property after the data of
-losing.
We further represent that to the actual knowledge and belief of the undersigned there
in no pending proceedings or unsatisfied judgments of record, 'in any Court, State or
?edam', nor any tax liens filed against us, and that if there are judgments, bankruptcies,
obate proceedings, state or federal tax liens of record against parties with same or
setl*r names, they are not against us.
1. tie further represent that there are no unrecorded contracts, leases, easements or other
:reements or interests relating to said premises of which we have knowledge.
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i. Me'further represent that to the actual knowledge and belief of the undersigned we are
a scan possession of the real property described herein other than lease hold estates
flected ap recorded items under the subject commitment for title insurance.
We further represent that there are no unpaid charges and assessments that could result
a lien in favor of any association of homeowners which are provided for in any document
(erred to, in Schedule B.
The undersigned affiant(s) know the matters herein stated are true and indemnifies FIRST
'1ERICAN TITLE INSURANCE COMPANY against loss, costs, damages and expenses of every kind
curred by it by reason of its reliance on the statements made herein.
Thfa agreement is executed with and forms a part of the sale and/or financing of the
ova described premises, and is given in addition to the conveyance and/or financing of the
emisee„iq consideration for the conveyance and/or financing, and forms a complete
yreement by itself for any action thereon.
ernard Noogland
beryl Hoogland
Rbs wuman
PATE OF COLORADO )
I as.
rOONTY OF
he foregoing instrument was acknowledged, subscribed and sworn to before me this
day of , _ by Bernard Hoogland and Cheryl Hoagland.
commission expires:
Notary Public
WELD COUNTY SURER Page:1
Report Date:06/09/97 11:25AM CERTIFICATE OF TAXES DUE CERT H:5334
ORDER NO:UR35131 A97 SCHEDULE NO:R0113192
VENDOR N09 ASSESSED TO:
SECURITY TITLE OF GREELEY H000LAND BERNARD A&CHERYL L
1100 10TH ST I/302 15333 WELD CO RD 5
GREELEY CO 80631 LONGMONT,CO 80504
LEGAL DESCRIPTION:
25480 SW4 7 368 EXC UPRR RES(4R 5.88S)
PARCEL: 120707000034 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
TOTAL TAXES
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL D0UE
TOTAL ASMT
.00
TAX YEAR TAX LIEN 8 TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE 0.00
TOTAL CERT .
GRAND TOTAL DUE GOOD THROUGH 06/09/97 0.011
ORIGINAL TAX BILLING FOR 19% Amount
Asthority MI11 Levy
WELD COUNTY 22.038 8531
SCHOOL DIST REIN 48.393 187.77
NCW WATER 1.000 3.88
SVW WATER 0.368 1.43
LONGS PEAK WATER 0.000 0.00
MTN VIEW FIRE(BOND 0.964 3.74
WELD LIBRARY 1.500 5.82
MOUNTAIN VIEW FIRE 7.8t7 30.33
82.080 318.48
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT Of CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES.CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED REAL PROPERTY RO TO CTOBE REMITTANCE. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH ONAL PROPERTY AND CASHIERS CHECKMOBILE HOMES- .
I.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK OR THE COUNTY ASSESSOR.
This certificate does not include lend or improvements assessed under a sensate schedule number.personal property taxes,
tausfa In or misc.tax collected on behalf of other entities,special or Real improvement district assessments of
mobile frames.unless specifically mentioned.
I,the a,dersiheed,do hereby catty Oat Ike cadre amount of taxes due upon the above dscrid pawls areal propwty end
all outstanding sales for unpaid taxes as slows by the records in my office born which to same may still be Seemed with the
amount required for redemption an as noted herein.Is witness wbmf,I have hereunto set my
TREASURER,WELD COUNTY,ARTHUR L.WILLIS II,BY "��S xCL
Foam N0.1343(CO-IT)
ALTA PAIIn Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
SECURITY TITLE GUARANTY COMPANY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment es the
Company,through its agent,SecurityTltle GuarantyCompany,referredto In thisAgreement astheAgent,
agrees to issue a policy to you according to the terms of this Commitment When we show the policy
amount and your name as the proposed insured in Schedule A,This Commitment becomes effectWe asof
the Commitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the
Commitment date,our obligation underthis Commitmentwlll end Also ourobligation underthisCommit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEOULE A and Sections 1 and 2 of SCHEDULE&
Security Title Guaranty Ca
1100 TENTH STREET•9URE302 I
GREELEY,CO 00631
(970)356-3200•FAX(970)366.6912
First American Titk Insurance Company
BY (pa' PRESIDENT 1\1Lf ills
• 4
a • eslgb4'• el
.e
W
.• SEPTUM 24 It
BY /77041 avnirsit SECRETARY 44-
I„t a
er.6�g v, COUNTERSIGNED
APPENDIX B
School District Cash hi Lieu Agreement
6
AGREEMENT
THIS AGREEMENT is made and entered into as of the L day of .( 1998,by and
between the St.Vrain Valley School District RE-1J("School District')and Green Acres Enterprises,LLC
(-Developer').
WHEREAS, the Developer is the owner of real property located within the School District
boundaries,with the legal description described on Exhibit A,known as the Summit Peaks Estates,and
desires to develop the property Into 12 lots for residential dwelling units(the property and development
are hereinafter collectively referred lo as the'Project');and
WHEREAS,the Developer acknowledges that the Project will have an knpact upon the School
District due to the predictable Increase in the number of school age children who will reside in the Project
and be attending school within the high school feeder attendance boundaries serving the Project and
due to the consequential increase to the School District in the coat of providing and maintaining adequate
educational facilities to serve the future residents of the Project;and
WHEREAS,the Developer desires to mitigate a portion of such costs by either dedicating land or
paying an amount of cash in lieu of land dedication('In-Lieu Fee')for school purposes which would be
reasonably necessary to serve the Project and the future residents thereof,as provided herein;and
WHEREAS,the School District in reliance upon the Developers obligations hereunder is willing
to forebear from recommending against approval of the Project on the basis of inadequacy of school sites.
THEREFORE,in consideration of the foregoing recitals and the mutual promises contained in this
Agreement,the parties agree as follows:
1. j'umose and Intent It is recognized that the Project will create an additional need for new
schools or the expansion of existing schools In order to adequately provide for the educational needs of
elementary,middle school, and senior high school students who are expected to reside in the Project in
the future. The purpose of this Agreement Is to provide for the dedication of sites and land areas of
schools,or for the payment In-lieu Fees, by the Developer either at the time of final approval of the
Project by the applicable county or municipal government,in the case of school site dedication or,in the
case of payment of an In-Lieu Fee,at the time of the issuance of the building permits.
2. Determination of I and Dedication or In-I ieu Fee Reayirements The parties
acknowledge that ft is reasonable to determine the expected demand the Project will have on the need for
school sites and,therefore,the amount of In-Lieu Fees,by the method provided in this Agreement.
2.1 scmnl flistrict Planning Staari?rris The School District's planning standards,as
of the date of this Agreement, related to: (i) student yields for each school age level for single-family
dwelling units;(ii);facility enrollment capacities, and(Iii)school site acreage requirements(collectively
referred to as the'School Planning Standards'),are set forth on Exhitt 8,attached to and incorporated
into this Agreement. Exhibit B Illustrates how the School Planning Standards would be applied to this
project for 12 new single-family lots to determine the land dedication or In-Lieu Fee requirements,based
upon the lair market value of land. The Developer and the School District agree that these School
Planning Standards,land dedication requirements and the fair market vane of the land identified on
Exhibit B are reasonable and shall apply to the Project as currently submitted to the School District. In the
event of future revisions of the Project, including, without limitation, final or future platting within the
Project different from or beyond those currently being submitted for approval,the School District,as its
option,may require that its then current School Planning Standards and land values be applied to such
areas. If such adjustments result in additional land dedication requirements or In-Lieu Fees for the Project,
they shall be modified and conveyed or paid as provided below in section 3.
Page-1
2.2 twirl nadir-anon or In-I Mu Fee Prior to or at the time the Developer submits any
proposed development plans(Including any revisions to previously approved plans)for the Project to the
relevant local govermnental entity that has planning jurisdiction over the Project,the Developer will meet
with the Superintendent of the School DeWitt or a designee for the purpose of determining whether the
School District desires the dedication of any land for schools within the Project,consistent with the School
Planning Standards. In the event the dedication of sites or land areas is not deemed feasible or in the
best interests of the School District, as determined by the Superintendent or designee, the School
District may require that the developer pay to the School District an In-Lieu Fee per the planning standards
indicated In Section 2.1 and Exhibit 8.
2.3 Commutation nt IM len Fees The In-Ueu Fee shah be computed as indicated in
Section 2.1 and Exhibit B. In the event the governmental entity with jurisdiction over this property has
adopted a land dedication/cash-in-lieu ordinance,the In-Lieu Fee shall be computed using the then-
current land valuation applied by the governmental entity with jurisdiction over this property as of the time
the In-Lieu Fee is paid.
3. Tune of Dedication or Porn The time for conveyance of land being dedicated,or for
payment of the In-Lieu Fee,as required under this Agreement,shall be determined as follows:
3.1 The Developer shall convey sites or land areas to the School District prior to or at
the lime of the recordation of the final plat for the subdivision or any portion of It. The conveyance of ail
sites or land areas shall be made by dedication on the final recorded plat or shall be conveyed by general
warranty deed,at the option of the School District. Title shall be free and clear of all liens,encumbrances,
and exceptions(except those approved in writing by the School District),including,without limitation,real
property taxes,which will be prorated to the date of conveyance or dedication. At the time of dedication or
conveyance,the Developer shall provide a title insurance commitment and policy in an amount equal to
the fair market value of the dedicated property.
3.2 In-Lieu Fees shall be paid prior to or at the time of the issuance of residential
building permits for the Project based upon the applicable School Planning Standards and land value as
determined in Section 2.1 and Exhibit B.
4. Migration nt Funds The School District agrees that any amounts received under this
Agreement from the Developer will be used for capital facilities planning,site acquisition and development
or school facility capital outlay purposes within the senior high school leerier attendance area boundaries
that include the Project. The time for and nature, method,and extent of such planning or construction
shall be within the sole discretion of the School District.
5. $nnarate Clhligatinne The Developer acknowledges and agrees that the provisions of
this Agreement are separate and distinct from and in addition to other requirements set forth or imposed
by any local governmental entity with planning jurisdiction over the Project.
6. lean. This Agreement will be effective as of the date set forth above and shall remain in
effect through December 31,2015,unless terminated earlier by the written agreement of the parties.
7. ,Successors and Assigns Bound, This Agreement and each term,provision,covenant,
restriction,and condition hereof shell run with the Project and shall extend to and be binding upon,and
Inure to the benefit of,all successors,transferees,trustees,grantees,owners,and assigns of any rights,
title,or interest in any portion,residential lots,or parcels of the Project.
8. Fntkety of Agreement This Agreement is the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior to contemporaneous
agreements, understandings, terms, conditions, representations, and discussions, whether oral or
written,which may have been made by the parties,or their representatives,concerning the matters set
Page-2
•
forth In INs Agreement. Each party acknowledges that the agents and attorneys of the other parties have
not made any prone,representation.or warranty whatsoever,whether express or Implied,written or oral,
not contained herein,concerning the subject matter hereof,to indite the execution of this document.
9. Assignment The Developer may assign any of its rights or obligations under this
Agreement to any subsequent owner of at or any portion of the Project or any right,title, or interest
therein in accordance with this section. Upon any assignment hereof,the assignee shall become liable for
the payments provided for herein and for the performance of all other agreements,terms,conditions,and
covenants of This Agreement undertaken to be kept and otherwise performed by the Developer with
respect to that portion of the Project. No assignment shall be effective to release the assignor from liability
hereunder unless the assignee of this Agreement assumes and undertakes in writing to keep,observe,
and perform all of the agreements,terms,conditions,and covenants contained herein and provides a
verified copy of such assumption and assignment to the School District. Under any such assignment in
accordance with this section,the assignor shall be released from liability under this Agreement to the
extent of that portion of or interest in the Project assigned.
10. Aggrneys' Fees and rims Each party shall bear its own attorneys'fees and costs
incurred in the negotiation of this Agreement.
11. Amendment or Waiver No charge, amendment, or waiver of any of the terms or
provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in
writing signed by the parties hereto.
12. partial Invalidity H any of the terms,provisions,covenants,restrictions,or conditions of
this Agreement are finally declared by an appellate court of competent jurisdiction to be Invalid,
unenforceable,void,or voidable for any reason whatsoever, none of the remaining terms, provisions,
covenants,restrictions,or conxditions shall be affected thereby and shall remain in full force and effect.
13. Venue and Applicable Law Any action arising out of the provisions of this Agreement
shall be brought in the Weld County District Court and the construction and effect of the terms and
agreements contained herein shall be governed by the laws of the State of Colorado.
14. Enforcement
14.1 Restrictive Covenant to Run with the I nod This payment of any In-Lieu Fee
required under this Agreement shall be a precondition to the issuance of a building permit for any
residential development on any portion of the Project. This obligation shall constitute a restrictive
covenant that runs with the Project,binding the Developer,its successors and assigns,and subsequent
owners of any right,title,or interest in all or any portion of the Project. A plat note shall be added which
identifies the following: 'No building permit shall be Issued by the County or any other local government
for construction of any new residential dwelling within this plat until the applicant shall first supply the local
govemment building department with a verified document signed by a representative of the St. Vrain
Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has
been accomplished'.
14.2 lien and Foreclosure Any payments required under this Agreement shall be a
continuing lien upon the Project. H not paid as required hereunder,the School District may bring an action
at law or in equity against the Developer,its successors,and assigns or may foreclose the lien against the
Project subject to the obligation.
14.3 Fnforcement Fees and Costs Time is of the essence of this Agreement. If any
payment is not made as required herein, the School District may commence an action for legal and
equitable remedies without further notice or demand. In the event it becomes necessary for either party
to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose
Papa-3
any lien created hereunder,the substantially prevailing party hi any such enforcement proceeding shal be
entitled to coiled from the other party or add to any foreclosure amount due,is reasonable attorneys'fees
and costs.
15. BacgegicitoLAgreemaS A copy of this Agreement may be recorded In the offices of the
County Clerk and Recorder of the County where the property is situated.
16. Notices Any notice required or permitted by this Agreement shalt be In writing. If such
notice is hand delivered or personally served, a shall be effective Immediately upon such delivery or
service. If given by mall, notice shal be effective three days after it has been deposited in the United
States mall depository,certified with return receipt requested,with sufficient postage for delivery, and,
unless a new address is designated In wrung hereafter,addressed as follows:
St.Vrain Valey School District RE-1J
Mention: Superintendent
395 South Pratt Parkway
Longmont,Colorado 80501-6499
Green Acres Enterprises,LLC
1043 Eisenhower Dr.
Louisville,CO 80027
17. Authority The person signing on behalf of the Developer represents that he or she is
authorized to act on behalf of the Developer for purposes of executing this Agreement, and that
Developer is in good standing,and is authorized to do business,in Colorado.
18. ,SnverabiGly Each provision of this Agreement shall be severable. If any provision is held
invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction,
remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above.
SCHOOL DISTRICT:
ST.VRAIN VALLEY SCHOOL DISTRICT RE-1J
By: 44s1/21
Assistant Superintendent for Auxiliary Services
DEV[ LjDRER: a .`
C4rmmi gs,ViVent
PAW-4
EXHIBIT A
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 7, T3N, R68W, OF THE 6TH
P.M., AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 7 TO BEAR NORTH 00'00'00" EAST BETWEEN MONUMENTS AS
SHOWN HEREON, WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE
ALONG THE 1270.88 WEST NORTH O DISTANCE OF
FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 7; THENCE ALONG THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, NORTH 8728'05"
EAST. A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
OF WELD COUNTY ROAD 1; THENCE CONTINUING ALONG THE NORTH LINE OF
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, NORTH
8728'05" EAST, A DISTANCE OF 2554.24 FEET TO THE SOUTH CENTER
SIXTEENTH CORNER OF SECTION 7; THENCE ALONG THE NORTH-SOUTH
CENTERLINE OF SECTION 7, SOUTH 01'18'27" EAST, A DISTANCE OF 1299.69
FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF WELD COUNTY ROAD
34; THENCE CONTINUING ALONG THE NORTH-SOUTH. CENTERLINE OF SECTION 7,
SOUTH .01'18'27" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTH QUARTER
CORNER OF SECTION 7; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SECTION 7, NORTH 88'07'41" EAST, A DISTANCE OF 2582.78 FEET
TO THE POINT OF BEGINNING, CONTAINING 75.753 ACRES, MORE OR LESS.
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APPENDIX C
Certificate of Taxes Due
7
FPR 15 '90 03:3GW1 FRMCO LON6110NT , P.3'3
.r r
Past MEN 01A7/9O 14SAM WILD TREAn R ' NON 1
CRRTOICA OF TAW DUE CET Is 141
ORDER NO:I]Uf380t9I • SCHEDULE NO:10113192
VENDOR NO:32 •
! ASSURED TO:
PISS AMERICAN HERITAGE Trra . HOOWAND 1mNARD AA CHERYL L TRUSTEES
1000 CENTRE AVENUE . 15313 WELD CORD S
PT COLLINS CO $6S35 LONGMONT,CO 80504
LEGAL DRSCRWI'ION: '
15480 SW4 7 361 EXC UPRR RES(4R S.5*5)SECT.TWN,EtW:07d348 IL1271 PARCEL:
17070!000034
PARCEL: 110707000034 , ETU ADDS
TAX YEAR CHARGE TAX AIMS DR AMOUNT ADV.PE31MEC TOTAL DIR
3917 TAX 31 0.00 0.00 3189
TOTAL TAXES . 31396
TAX YEAR ASSPSITYOWI ABMT MAO* wr AMOUNT ADV,PIN,MDEC TOTAL DUE
TOTAL ADC - jjjjjj 6.00
TAX YEAR TAX LIEN S TLS AMOU4f DR Amon REDtMFr>m • TOTAL DUE
TOTAL CmT I 6.00
GRAND TOTAL DUE GOOD THROUGH 01/!7/30 318.!6
ORIGINAL TAX BILLING FOR 097
Mao* --Loy Amami
WELD COUNTY 33.035 83.53
SCHOOL MST REU • 1.011 ISM
NCW WATER LARD 3.79
SVW WATER 0.351 1.33
LONGS PEAK WATER • 0.000 O00
MTN VIEW PIRE(DOND 1.510 3.76
WELD LIBRARY • - 1.409 134
MOUNTAIN VIEW ARE 7.517 29.63
.
MIST 318.96
PSZ TOR THIS CERTIFICATE' ! 10.00 .
•
R TAX LORI SAL!(n-0 AMOUNT" WA RANT IPMDUl10 BNDO AND TI OP TREASURER'S
STarsFI BY 719 NIIDLAPIHOLDERTO BR
CO CONTO ACTED
PRIOR AND DISTRAINTMAIDEIJIL MAY ERSOCCUR A !ROPE TY MID MO NAGS-.IPr GER1
SAL ROPPRIOR TO an I. 08 AA NT1 K T31PALL It caRTYANDMOIRE H030S-OPIIDOEA 1.
REAL stofan-roan I. ', T1J RonRIION Km vs Pon BY cat a CASINOS CHSGi.
SISCIAI.TAXING DISTRICTS AND TIM BOUNDARIES OP MAY TO ON VILE WITH IRE ROAM OP COUNTY
C01G00GONSaa.TIC COUP=CAM.OR AA COUNTY .
This es:e6ess Roes se made and., wend au B}p.0 WM &wart,Penea WIO'031^ SUM. ..
me s MM M .ha cola ell MW3N Mar Raise.opMYLM a1 L__._.dret oasis Cr
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moss NOS IM dwpia as u wet Md&M sass drad 1 boy Yr . e
TREASURER,WEIR COUNTY,ARTHUR L.WILLIS Ili BY
.
APPENDIX D
Engineer Cabficate
8
EXHIBIT
ENGINEER'S CERTIFICATE
I, Peter H. Swift, being a duly Registered Engineer in the State of
Colorado, do hereby certify that the design of the utilities was
performed by me, or under my direct supervision, for Summit Peaks
Estates, and performed on behalf of arry Kaylor.
teinarizsfre
0.9
ah. ro
ic 2651111 -
�'�141 r H. Swift, P.E.
APPENDIX E
Sanunit Peaks Estates Declaration of Covenants,Conditions and Reshicdons
9
SUMMIT PEAKS ESTATES P.U.D.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
Preliminary Release Version 1.0 April 17, 1998
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR SUMMIT PEAKS ESTATES P.U.D.
This declaration contains no restriction based on race,
color,gender,religion or national origin.
ARTICLE I-PREAMBLE
Declarant is the owner of that certain real property situated in Weld County,Colorado,
described in Appendix A hereof('The Property"). The Property has been platted as
Summit Peaks Estates P.U.D.by a Plat("the Plat")recorded simultaneously with this
Declaration.
Declarant desires to develop the Property for residential purposes. Declarant deems it
desirable to subject the Property to the covenants,conditions,and restrictions set forth in
this Declaration in order to preserve the values of the individual lots and to enhance the
quality of life for all owners of such lots.
The Property shall be a"planned community"under the Colorado Common Interest
Ownership Act("the Act").
Declarant therefore declares that all of the Property is and shall be held,transferred,sold,
conveyed and occupied subject to the terms,restrictions,limitations,conditions,
covenants,obligations,liens,and easements which are set forth in this Declaration,all of
which shall run with the Property and shall inure to the benefit of,and be binding upon,all
parties having any right,title,or interest in the Property or any portion thereof,and such
person's heirs,grantees,legal representatives,successors and assigns.
ARTICLE II-DEFINITIONS
2.1 General.The words and terms defined in this Article shall have the meanings herein set
forth unless the context clearly indicates otherwise.
2.2"Association"shall mean and refer to Summit Peaks Estates P.U.D.Community
Association,a Colorado Non-Profit Corporation,established pursuant to Article VI of
this Declaration.
2.3"Board"shall mean and refer to the Architectural Review Board created pursuant to
Article V of this Declaration. The Board shall mean and include the governing body
of the Association.
2
. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.4"Property"shall mean and refer to the property which is described on Exhibit A
attached hereto and made a part hereof.
2.5 The"Developer"shall mean Green Acres Enterprises,LLC.,a limited liability
Company,its successors and assigns.
2.6"Single Family Dwelling"shall mean an independent structure designed and occupied
as a residence for a single family.
2.7"Lot"shall mean and refer to any plot of land shown upon any recorded subdivision
plat of the properties,with the exception of the common area.
2.8"Declarant"shall mean and refer to Green Acres Enterprises,LLC,its successors and
assigns.
2.9"Subdivision"shall mean Summit Peaks Estates P.U.D.,a Planned Unit Development
in Weld County,Colorado.
2.10"Owner"shall mean and refer to the record owner,whether one or more persons or
entities,of the fee simple title to any Lot situated within the Property which is subject
to this Declaration,but notwithstanding any applicable theory relating to mortgages,
deeds of trust,or other liens or encumbrances upon any such property. Owner shall
not include or refer to a mortgagee,beneficiary of a deed of trust,or lien holder unless
and until such party has acquired title pursuant to foreclosure or any applicable
procedure in lieu of foreclosure.
2.11 "Member"shall mean all those who are members of the Association as provided in
this declaration.
2.12"Plat"shall mean the amended plat of Summit Peaks Estates,a copy of which is
being recorded simultaneously herewith.
2.13"Beltway"as platted and designed on the Plat as Open Space B.
2.14 "First Mortgagee"shall mean and include any person,corporation,partnership,
trust,company,association,or other legal entity which owns,holds,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.
2.15 Other Terms. Other terms may be defined in specific provisions contained in this
Declaration and shall have the meaning assigned by each such definition.
3
ARTICLE III-USE AND OTHER RESTRICTIONS
3.1 All improvements on each lot shall meet the requirements of Article IV,"Architectural
Standards"of this Declaration,including,but not limited to,the Guidelines and Rules
set forth in Section 4.2 hereof
3.2 Developer shall install an outdoor arena,volleyball and horseshoe pits and barbecue
facilities within Open Space A. The owners of lots within the Property may use such
area as an animal exercise area,gathering spot,recreation area and for other purposes,
but shall not have any right to board or maintain horses or other animals on such area.
3.3 Developer shall install a permanent sign for the Property,and landscaping within the
entrance.
3.4 Developer shall install landscaping as shown on the Plat.
3.5 Trees and Ground Cover. No living tree,shrub or bush may be removed except
pursuant to a landscaping plan approved by the Architectural Review Board or
otherwise with the approval of said Architectural Review Board. Said prohibition
extends to naturally existing trees, shrubs and bushes and to trees,shrubs and bushes
planted by Owners. No grading or other soil or earthwork shall be performed on a lot
until plans for placing improvements on such lot have been properly approved by the
Architectural Review Board,and then only to the extent contemplated by such
approved plan. After completion of each set of improvements on a lot,the wound
shall be restored,as nearly as possible,to its original contours and appearance.
Contour changes of more than one foot from existing grades shall require the approval
of the Architectural Review Board. The natural groundcover of a lot shall not be
disturbed unless approved by the Board.
3.6 Maintenance of Vacant Lots. The owner of each lot shall plant and maintain grass on
it;periodically mow such grass and other vegetation;and remove any trash or other
debris. If an owner fails to maintain a vacant lot in accordance with such
requirements,the Association shall have the right to plant and maintain grass on it;
periodically mow such grass and other vegetation;and remove any trash or other
debris. The Association shall establish and charge reasonable fees to the owners of
such vacant lots,for such services. Such services shall be deemed a service charge
from the Association made solely to the owners of each of such vacant lots. The
owner shall be liable for reasonable attorney's fees and costs incurred by the
Association in collecting such service charge.
3.7 Within three(3)years of lot ownership a minimum of 10 mature trees will be required.
Mature trees will be defined as deciduous 8'tall and evergreen 4'tall. The
Architectural Review Board shall retain the right to require that trees and shrubs on a
lot be located and trimmed so as to preserve or enhance the view from other lots
within the immediate vicinity.
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3.8 Environmental landscaping. Native low water plants,shrubbery and trees are strongly
encouraged. It is suggested that residents cluster vegetation to conserve water and
increase wildlife habitat. Buffalo,Blue Gamma,Smooth Brome and tall fescue grasses
are preferred as compared to bluegrass. Residents are encouraged to irrigate non-turf
areas with drip or other low-emittance irrigation systems.
3.9 Landscaping. An area surrounding the residence both front and sides shall be fully
landscaped within 9 months after issuance of certificate of occupancy. Such
landscaping will provide an attractive and orderly area surrounding the residence and
eliminate pasture or containment areas from being adjacent to the residence. All
landscaping must be approved by the Board. The owner shall plant appropriate
ground cover such as dryland grasses on the remaining area of the lot.
3.10 Maintenance of Landscaping. The landscaping on each lot shall be maintained by the
owner,subject however,to the right of the Association to perform any maintenance
deemed necessary or desirable to maintain the high standards established for the
Subdivision,and to assess such owner for such required maintenance. The owner shall
maintain his lot from noxious weeds. If any owner fails to maintain landscaping on
such owner's lot in accordance with such requirements,the Association may give the
property owner written notice to perform necessary maintenance within no less than
fifteen(15)days after such notice is given,and if the owner fails to perform such
maintenance work within that time,the Association may have such work done at the
expense of the owner of the lot. If the work is done by the Association at the owner's
expense,the owner shall pay for such work within three(3)days after notice is given
in writing to the owner as to the cost of such work. If the owner fails to pay within
said time and the Association thereafter incurs reasonable attorney's fees and costs in
collecting such amount from the owner,all such attorney's fees and costs incurred
shall likewise be a debt owing by the owner to the Association.
3.11 Building Locations. No building,fence,barn,corral,paddock,or other permanent
structure shall be located on any lot without first obtaining the written consent of the
Architectural Review Board,approving the proposed location.
3.12 Easements. Easements for the installation and maintenance of utilities,trails,
landscaping,and drainage facilities are reserved as shown on the Plat,or those that
may be recorded at a later date. Within these easements,no structure shall be placed
or permitted to remain which may damage or interfere with the installation and
maintenance of utilities,which may change the direction of flow of drainage channels
in the easements which hinders or obstructs the use of the beltway,on which adversely
affects landscaping installed by the Developer. If any landscaping or structure is
installed which violates such requirements,the Association may give the property
owner written notice to remove such landscaping or structure within no less than
fifteen(15)days after such notice is given,and if the owner fails to move the
landscaping or structure within that time,the Association may have such work done at
5
the expense of the owner of the lot. If the work is done by the Association at the
owner's expense,the owner shall pay for such work within three(3)days after notice
is given in writing to the owner as to the cost of such work. In the event of failure to
pay within that time and if the Association thereafter incurs any attorney's fees and
costs in collecting such amount from the owner,all such attorney's fees and costs
incurred shall likewise be a debt owing by the owner to the Association.
(a) The easement area of each lot and all improvements on it shall be maintained
continuously by the owner of the lot,except for those improvements or
landscaping for which the Association,a public authority or utility company is
responsible.
3.13 Maintenance of Exteriors of Residences and Other Buildings.The exteriors of all
residences,barns,sheds,and other buildings within the Subdivision shall be maintained
in good,attractive condition by the owners thereof All residences shall be repainted
or re-stained periodically as needed. The Association may require an owner to paint
or stain his or her residence and other buildings,and upon such owner's failure to do
so,the Association may cause such residence or other buildings to be painted or
stained and to assess such owner for the costs incurred thereby. If any owner fails to
maintain the exterior of a building on such owner's lot in accordance with the
foregoing requirements,the Association may give the owner written notice to perform
such work within no less than fifteen(15)days after such notice is given,and if the
owner fails to perform such work within that time,the Association may have such
work done at the expense of the owner. If the work is done by the Association at the
owner's expense,the owner shall pay for such work within three(3)days after notice
is given in writing to the owner as to the cost of such work. If the owner fails to pay
within that time and if the Association thereafter incurs reasonable attorney's fees and
costs in collecting such amount from the owner,all such attorney's fees and costs
incurred shall likewise be a debt owing by the owner to the Association.
3.14 Common Areas and Common Area Improvements. The Association, subject to the
rights of the Owners with respect to their individual Lots,shall be responsible for the
exclusive management and control of the Common Areas and Common Area
Improvements,and shall keep the same in good,clean,attractive and sanitary
condition. Additionally,Lot owners whose property line is adjacent to the Common
Beltway will be responsible to keep that portion of the beltway in good,clean,
attractive,weed free and sanitary condition.
3.15 Title to Common Facilities. The Developer may retain legal title to all or part of the
Common Facilities until such time as,in the opinion of the Developer,the Association
is able to maintain the same. However,the Developer shall convey the Common
Facilities to the Association not later than thirty(30)days after the date when the
Developer has released ownership of lots 1 through 10 within the Subdivision,
exclusive of the Common Facilities and dedicated streets and easements. In this
regard,the Developer shall deed Open Space A and Open Space B to the Association.
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The Developer shall deed the streets to Weld County. The other Common Facilities
shall be located within the easement areas shown on the Plat,and the Association shall
be deemed the grantee/beneficiary of such easement rights.
3.16 Subdivision and Combining of Lots. Lots 1 - 10 may not be divided or subdivided
or a fractional portion thereof sold or conveyed so as to be held in divided ownership.
Except that adjoining Lot Owners may sell or purchase adjoining property to
accomplish relocation of the boundary line between such Lots if first approved in
writing by the Architectural Review Board. In such cases,the new boundary line thus
established shall be deemed a new boundary line between the respective Lots but no
setback line or easement established with respect to the former boundary line shall be
shifted or changed by reason of the change of boundary line.
3.17 General Common Properties.
(a)No noxious or offensive activity shall be carried on at any of the Common
Facilities,nor shall anything be done or placed therein which may be or become
a nuisance or cause unreasonable embarrassment,disturbance or annoyance to
owners in the enjoyment of their Lots or the Common Facilities.
(b)All uses of Common Facilities shall be subject to rules and regulations of the
Association as promulgated and revised by the directors thereof from time to
time.
(c) Uses of the undeveloped and unimproved Common Facilities shall be limited to
those activities which do not materially injure or scar the Common Areas or
the vegetation thereon,substantially increase the cost of maintenance thereof,
or cause unreasonable embarrassment,disturbance or annoyance to Owners in
their enjoyment of their Lot or the Common Areas unless sanctioned or
approved by the Architectural Review Board.
3.18 Extent of Member's Rights. The rights of enjoyment of the Common Facilities shall
be subject to the following:
(a) The right of the Association,as provided by its Articles or Bylaws,to suspend
the enjoyment rights of any member for any period during which any
assessment remains unpaid;and for any period not to exceed thirty(30)days
for any infraction of its published rules and regulations;and
(b) The right of the Association to dedicate or transfer all or any part of the
Common Facilities to any public agency,authority,or utility for such purposes,
and subject to such conditions,as it may agree to,provided that no such
dedication or transfer,shall be effective unless approved by the assent of fifty
one percent(51%)of the members upon written ballot. The ballot shall be sent
to all members at least thirty(30)days in advance of the vote thereof which
shall set forth the reasons for such proposed action.
(c) The right of the Association to limit the number of guests of members and the
circumstances under which guests may use the Common Facilities.
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3.19 Nuisances. No noxious or offensive activities shall be carried on upon any lot,nor
shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
3.20 Temporary Structures. No structure of a temporary character,trailer,basement,
tent,storage shed or shelter,garage,barn or other outbuilding shall be permitted on
any lot at any time,either temporarily or permanently,except during the process of the
initial home construction,or as approved by the Architectural Review Board.(See
Article 4.6)
3.21 Animals/Pets. Except as set forth below in this Section 3.21,no animals,livestock,
birds,or poultry of any kind shall be raised,bred or kept on any lot,except that three
(3)dogs and three(3)cats and other indoor,household pets may be kept if they are
not kept,bred,or maintained for any commercial purpose. The Association shall
promulgate rules and regulations concerning animals. No animals shall be allowed to
remain tied or chained upon the Common Facilities, and any animal so tied or chained
may be removed by the Association or its agents. Pets may be walked on the
Common Facilities only when attached by a leash to an owner's hand and when the
owner carries a device for the immediate removal of its pet's feces. My pet
constituting a nuisance may be ordered by the Association to be kept within the
enclosed portion of its owner's lot,or ordered expelled from the Subdivision. Each
owner shall be responsible for any damage caused by his or her animals. No animal
shall be allowed if such animal constitutes an unreasonable annoyance,inconvenience
or nuisance to any other Owner. If the Association receives any complaint that an
animal constitutes an unreasonable annoyance,inconvenience or nuisance the
Association shall afford the Owner of such animal notice and opportunity for hearing,
and if the Association finds that such animal constitutes an unreasonable annoyance,
inconvenience or nuisance,the Association may require that such animal be removed
from the Subdivision.
(a)Shelters. Owners shall provide shelters for animals that match or compliment
the exterior construction of the primary residence. Said shelters must be approved by
the Architectural Review Board. In addition Owners shall be responsible for keeping
the shelter and shelter area in a clean and sanitary condition at all times. Non-
compliance will result with the Association having the authority to hire a cleaning
service to maintain the area at the owner's expense. If the work is done by the
Association at the owner's expense,the owner shall pay for such work within three(3)
days after notice is given in writing to the owner as to the cost of such work. If the
owner fails to pay within that time and if the Association thereafter incurs reasonable
attorney's fees and costs in collecting such amount from the owner,all such attorney's
fees and costs incurred shall likewise be a debt owing by the owner to the Association.
a
Aside from dogs,cats,and indoor,household pets,the number of animals allowed on each
lot shall be subject to the following schedule.
Kinds and classes of animals Aninn!-Unit
Cow or bull older than 1 year 1.0
Cow less than 1 year old .75
Horse,older than 1 year 1.0
Horse,less than 1 year .50
Individual Sheep,older than 1 year .50
Individual Lamb,less than 1 year .25
Goat,older than 1 year 1.0
Kid,less than 1 year .50
Llama,older than 1 year 1.0
Llama(cria),less than 1 year old .50
Fowl .30
Rabbits .20
Swine 1.0
Bison(limited to lots 11& 12) 1.25
Elk(limited to lots 11& 12) 1.25
Maximum allowable Animal units per lot:
Lots 1-10: 2.5 animal units per lot
Lots 11& 12 25 animal units per lot
3.22 Livestock Area. All livestock areas at all times shall be maintained to prevent
nuisance conditions. Lot owners and the Association,when maintaining Lots and
Common Open Areas,shall remove,handle and stockpile manure from the livestock
area in a manner that eliminates odors,flies,insect pests or pollutant runoff.
3.23 This declaration shall include Weld County's Right to Farm Covenant.
See Appendix B.
3.24 Overgrazing. Owners shall not allow overgrazing of any pasture area on any lot. A
pasture area shall be deemed overgrazed if the vegetation on it averages less than two
(2")in height. If a pasture is overgrazed,the Association may require the owner of
such pasture to replant it and thereafter control the access to the pasture by such
owner's livestock to prevent overgrazing. If an owner fails or neglects to cure an
overgrazing problem,the Association shall have the authority to terminate such
owner's right to keep livestock on the lot. Each owner who keeps livestock on a lot
shall maintain a holding corral/containment area for the animals listed above.
3.25 Holding Corral. The corral,cannot exceed 10%of the land area for the lot(i.e.2.5
acres equals.25 corral area maximum)and must be within the allowable building
envelope as designated on the plat. Such containment area must be located in the rear
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.. . _ . . . . _ . . _ _ . .. _ . . .. . . _ . . . _ ..
of the lot(Except lots 11 & 12)and must be approved by the Architectural Review
Board.
3.26 Open Space Beltway. There will be an Open Space Beltway,designated Open
Space B,as shown on the Plat. Owners,family and guests will be able to use the trail
for the purpose of horseback riding,hiking,jogging,bicycling,cross country skiing,
etc. Individuals may be accompanied by no more than two dogs per individual,so
long as each dog is restrained by a leash attached to the owner's hand and the owner
carries a device for the immediate removal of the pet's feces. Bicycles will be allowed
but no other vehicle of any kind,whether or not powered by an engine of any nature,
shall be allowed on any trail at any time;this prohibition shall include,but shall not be
limited to,motorcycles,all terrain vehicles,snowmobiles,automobiles,and so on.
Such prohibition shall not apply to motorized vehicles used in the maintenance of the
Common Open Space,ditches,and other Common Facilities.
3.27 Sight Distance at Intersections. No fence,wall,hedge or shrub planting which
obstructs site lines at elevations between 2 and 6 feet above the roadway shall be
placed or permitted to remain on any corner lot within the triangular area formed by
the street property lines and a line connecting them at points 25 feet from the
intersection of the property lines extended. The same site line limitations shall apply on
any lot within 10 feet from the intersection of a street property line within the edge of
a driveway pavement. No tree shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained at a sufficient height to prevent
obstruction of such sight line.
3.28 Aerials-Antennas. No television antenna,radio antenna,aerial or similar equipment
of any design shall be mounted on the exterior of any building or erected on any other
portion of any lot. No activity shall be conducted on any lot which interferes with
television or radio reception on any other lot.
3.29 Satellite Dishes. Satellite dishes may be installed and maintained if screened from
the view of other owners and occupiers of lots. The location and screening method
for each satellite dish must be approved in advance by the Architectural Review
Board.
3.30 Fencing. No fence shall be erected on any lot within the Subdivision except as
approved in advance by the Architectural Review Board. For perimeter fences that
border on a street and property lines,the fence shall be three(3)rails,white vinyl or as
approved by the Architectural Review Board. Privacy fence not to exceed 50'total
linear feet and must be adjacent to buildings or as approved by the Architecture
Review Board. Except lots 1 l& 12.
3.31 Unsightly Uses. All lots shall at all times be maintained in a clean and sanitary
condition,and no litter or debris shall be deposited or allowed to accumulate on any
lot. All landscaping,including grass, shall be irrigated,trimmed and maintained in
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good condition at all times. Recycling animal waste,grass and other compost
ingredients for gardening and soil rejuvenation will be encouraged. However,
unattended waste piles that create health hazards will be forbidden. Refine piles and
other unsightly objects or materials shall not be allowed to be placed or to remain
upon any lot. Trash containers shall be placed on the curb and returned from the curb
only on pickup days. Nothing unsightly shall be hung from windows,railings or
fences.
3.32 Trash Removal. All residents within the Subdivision shall have their trash picked up
by the same trash-hauling company,on the same day of the week. At each annual
meeting of the Association,the Association shall pick the trash-hauling company and
the day of the week for the upcoming year. Nothing in this Section 3.29 shall prohibit
a resident within the Subdivision from hauling trash or debris for himself or herself.
Each resident within the Subdivision shall be separately liable for the trash-hauling
charges attributable to his or her lot.
3.33 Mineral Exploration. No property within Summit Peaks Estates P.U.D. shall be used
to explore for or to remove any oil,gas,gravel,soil or minerals of any sort.
3.34 Home Occupations. The conduct of a home occupation within a residence in Summit
Peak Estates P.U.D. shall be considered accessory to the residential use and not a
violation of these Covenants provided that the following requirements are met:
(a) Such home occupation shall be conducted only within the interior of the
dwelling and shall not occupy more than twenty-five percent(25%)of the
floor area within the dwelling.
(b)The home occupation shall be conducted only by the residents of the
dwelling.
(c)No retail sales shall be conducted on the lot.
(d)No evidence of a home occupation shall be visible from outside the
dwelling unit.
3.32 Disabled Vehicles. Disabled automobiles shall not be stored on streets,driveways,or
lots within the Subdivision. No person shall repair or rebuild any vehicle within the
Subdivision,except within a garage. Cars allowed on driveways in the Subdivision
must at all times be operable,currently licensed,and maintain a current inspection
sticker(if such inspection is required by a governmental entity).
3.33 Automobile,Machinery,Equipment,Boat and Camper Parking. No unsightly article
shall be permitted to remain on any lot as to be visible from adjoining property or
public or drive through fares. Without limiting the generality of the foregoing,trailers,
trucks,RV;s,campers,machinery,equipment,tractors,boats,lumber,etc.,shall be
kept at all times,except when in use,in the garage or kept behind the front line of the
dwelling unit which fully hides them from the view of the public and neighbors.
3.34 No parking of any vehicles on the streets.
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3.35 Restrictions on Leasing of Residences. An owner may lease his residence subject
only to the following restrictions:
(a) No lot owner may lease less than the entire residence.
(b) Any lease agreement shall be required to provide that the terms of this
lease shall be subject in all respects to the provisions of this
Declaration,and the Bylaws of the Association,and that any failure by
the lessee to comply with the terms of such documents shall be a
default under the lease.
(c) MI leases shall be in writing and for a term not less than thirty(30)
days.
3.35 Hazardous Materials. Storage,use or disposal of hazardous or radioactive materials
within the Property is prohibited,unless specifically approved in advance by the
Architectural Review Board.
3.36 Other Wastes. MI liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination. No
permanent disposal of wastes shall be permitted at this site. Waste materials shall be
handled,stored,and disposed in a manner that controls fugitive dust,blowing debris,
and other potential nuisance conditions.
3.37 Solar Devices. The utilization of passive or active solar energy devices is
encouraged. However,all solar devices must either be architecturally and aesthetically
integrated into the structure they serve or be screened from the view of the street and
adjacent lots and streets. All solar devices,and their placement,must be approved by
the Architectural Review Board.
3.38 Outside Lighting. Any exterior lighting installed on any lot or outlet shall be indirect
or of such controlled focus or intensity as not to disturb the residents of adjacent
properties.
3.39 Entranceways. Entranceway shall include a culvert at least twenty four inches(24")
in diameter. The ditch leading to and from the culvert shall be lined with rocks 10'in
both directions.
3.40 Mailboxes. Mailboxes must be attached or enclosed within a brick or stone pedestal
and located adjacent to entranceways.
3.41 Signs. No signs whatsoever shall be permitted within any Lot,with the exception of
those listed below:
(a) Signs required by legal proceedings.
(b)Residential identification signs constructed of materials which are
compatible with the architecture of the area,and those shall be subject
to approval of the Architectural Review Board prior to erection
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thereof. Such signs shall not exceed a total face area of nine(9)
square feet.
(c) Signs of the type usually used by contractors,subcontractors and
tradesmen may be erected during the authorized time of construction;
provided that such signs are the style,color,and material approved by
Declarant and to not exceed a total face area of nine(9)square feet.
(d)For Sale Signs on vacant Lots or for homes under construction must be
the style,color,and materials approved by Declarant. With reference
to For Sale or For Rent signs for residential re-sales,the same may be
erected upon a Lot,provided that no more than one sign is erected and
that such sign does not exceed a total face area of nine(9)square feet
unless otherwise approved in advance in writing by the Architectural
Review Board.
(e)No sign shall exceed a height of four(4)feet from grade.
(0 The Architectural Review Board shall have the right to promulgate
standards for the color,style,materials,and location of the foregoing
signs(except signs required by legal proceedings)and in such event,all
signs shall conform therewith.
(g)Developer may install a temporary sign indicating lots for sale until lots
1-10 are sold. Such sign will not be subject to a total face area
requirement.
3.43 Curtains. No owner shall place on or about any window any metallic foil or other
coating,substance or material which similarly ads as a reflector of light,other than as
may be permitted by the Architectural Review Board.
3.44 No exterior homs,whistles,bells or other sound devices except security devices
used exclusively to protect the security of dwellings and other improvements located
thereon or essential to the function of community services shall be placed or used on
any Lot or on the General Common Areas.
ARTICLE IV-ARCHITLCTURAL STANDARDS
4.1 Restrictions. No building,barn,corral,shed,storage structure,awning,fence or any
other structure shall be erected,placed or altered on any lot,nor shall there be any
external modifications to any such structure,until the plans and landscaping
specifications showing the nature,kind,shape,height,materials and location of the
same have been submitted to and approved in advance by the Architectural Review
Board in writing. No landscaping shall be installed on any lot,or altered thereafter,
unless a landscaping plan showing the nature,type,height,and location of the
proposed landscaping improvements has been submitted to and approved in advance
by the Architectural Review Board,in writing. Without limiting the generality of the
foregoing,prior approval of the Board must be obtained for any of the following:(I)
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attachments to the exterior of a structure,(II)installation of greenhouses,(III)
installation of patio covers,landscaping,screening,trellises and the like,(IV)change
in exterior paint colors,(V)installation of any barn,corral,shed,or storage building
and,(VI)any other exterior change,including cosmetic changes such as garage doors,
shutters and the like. The authority of the Architectural Review Board shall extend to
the quality,workmanship and materials for any structure proposed;conformity and
harmony of exterior design and finish with existing structures within the Subdivision;
location of all structures with respect to the existing buildings,topography and finished
ground elevation;and all other matters required to assure that such structures enhance
the quality of the Subdivision and are erected in accordance with the plan for the
Subdivision. No metal buildings shall be permitted unless the Board approves.
4.2 Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and
Rules governing the type of structures to be permitted in the Subdivision,permitted
construction materials and the like. These Guidelines and Rules are made for the
purpose of creating and keeping the Subdivision,so far as possible,desirable,
attractive,beneficial,uniform,and suitable in architectural design,materials and
appearance;limiting the use of lots to single family residential buildings;guarding
against unnecessary interference with the natural beauty of the Subdivision;and
prohibiting improper uses of adjoining properties in the Subdivision,all for the mutual
benefits and protection of all owners.
Approval shall be based,among other things,on: suitability of exterior design,colors,
and materials,relation of the proposed improvements to the natural topography,grade
and finished ground elevation;relation of the structure to that of neighboring
structures and natural features of the Property;and conformity of the plans and
specifications to the purpose and general plan and intent of these restrictions. The
Board shall have the right to require and approve landscaping plans. The Board shall
not arbitrarily or unreasonably withhold its approval of such plans and specifications.
4.3 Commencing and Finishing Construction. Once construction of any structure is
commenced on any lot,with the prior approval of the Architectural Review Board,
such structure must be diligently continued and completed in accordance with the
plans and specifications approved by the Board,within nine months of
commencement,or such longer time as Board has reasonably consented to,in light of
the nature of the project or other factors, Commencement of construction shall be
deemed to commence with the first substantial construction activity(including
earthwork).
4.4 Rebuilding. Any structure which is destroyed in whole or in part by fire,windstorm or
from any other cause or act of God must be rebuilt,or all debris must be removed and
the lot restored to a sightly condition,within six months of the time the damage
occurs.
4.5 Principal Dwelling Size and Configuration.
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(a) All dwelling units shall have a minimum of 2000 square feet of living
area exclusive of one-story open patios,breezeways,lofts,decks,
stoops,porches,balconies,crawl spaces,basements and garages.
(b)The ground floor area of a two(2)story dwelling shall not be less than
1400 square feet exclusive of one story open patios,porticoes,
breezeways,porches,stoops,porte cocheres,balconies,decks,lofts,
crawl spaces,basements and garages.
(c) The maximum height of any dwelling unit shall not exceed thirty feet
measured from the front elevation.
(d) No building shall exceed 2 stories as viewed from the street. One
lower level is allowed and may be exposed to daylight provided it does
not face the street.
(e)No flat roofs,earth bermed structures,or geodesic domes are allowed.
4.6 Fixed Location. All residences within Summit Peak Estates shall be fixed location
homes constructed on the premises,and no previously constructed building or
structure shall be placed on any lot.
Note:A temporary structure may be utilized during initial construction of primary
residence. This structure may not be utilized for longer than nine(9)months from start
of construction
4.7 Exterior. No less than 40%of the exterior area of every residence shall be of brick,
stone or masonry or of a substance and/or design to be aesthetically and monetarily
equal to 40%brick. All roofing materials shall be tile,heavy designed asphalt or
appropriate material as determined by Architectural Review Board.
4.8 Garages and Parking. Each Residence shall include a garage having space for not less
than two automobiles. An additional garage may be constructed if approved by the
Architectural Review Board.
4.9 Underground lines. All electric,telephone,television and other utility lines shall be
placed underground when extended from the street or Lot line to any dwelling or other
improvement on a Lot.
4-10 Residential Sprinkler Systems. All residences shall have installed internal residential
sprinkler systems for fire protection suppression.
4.11 Building Permits. No building permit shall be issued by the county or any other local
government for construction of any new residential dwelling unit until the applicant
has paid a$427.00 cash in lieu fee to St.Vrain Valley School District RE-IJ
4.12 Materials and Workmanship. All improvements shall be constructed of good and
suitable materials,and all workmanship shall result in first class construction and shall
be accomplished in a good and workmanlike manner.
15
4.13 Accessory Buildings. Barns,as well as small sheds for storage of lawn furniture,
yard equipment,gardening equipment,and similar type items,which are well
constructed and neat of appearance,shall be permitted,providing the size,design,and
location of said structure matches or compliments the exterior construction of the
primary residence,and shall be subject to prior approval by the Architectural Review
Board. No more than two(2)accessory buildings,not exceeding 1200 square feet in
size will be allowed on each lot unless approved by the Board. Except lots 11& 12.
4.14 Setbacks. Setbacks shall be shown on the plat. Other than pasture type fences,no
building,roads,materials,vehicles,equipment or structures of any kind may be built or
stored within the setback areas.
4.15 Propane Tanks. Propane tanks must be hidden from the view of the public and
neighbors.
ARTICLE V-ARCHITECTURAL REVIEW BOARD
5.1 Establishment and Membership of Architectural Review Board. An Architectural
Review Board has been established by Developer. The Architectural Review Board
shall continue until such time as the Association may be dissolved. The Architectural
Review Board shall initially consist of three(3)members,being Doug Cummings,
Diana Cummings and Larry Kaylor. Until all lots within the subdivision have been
sold by the Developer,or December 31,2005,whichever date occurs first,the
Developer shall appoint the Board. The Association shall name the members of the
Board,once the Developer's exclusive right to do so ceases.
Members of the Board appointed by Developer may be removed at any time by
Developer and shall serve until they resign or are removed by Developer. Members of
the Board appointed by the Association may be removed at any time by the
Association,and shall serve for such term as may be designated by the Association or
until they resign or are removed by the Association.
5.2 Address of Architectural Review Board. The address of the Board shall be at the
principal office of the Association.
5.3 Submission of Plans. Prior to commencement of work to accomplish any proposed
improvement to property("Applicant")shall submit to the Architectural Review
Board at its offices such descriptions,surveys,plot plans,drainage plans,elevation
drawings,landscaping plans,construction plans,specifications and samples of
materials and colors as the Board shall reasonably request showing the nature,kind,
shape,height,width,color,materials,and location of the proposed improvement to
property. The Applicant shall be entitled to receive a receipt for the same from the
Board or its authorized agent. The Board may require submission of additional plans,
specification or other information prior to approving or disapproving the proposed
16
improvement to property,the Board may postpone review of any materials submitted
for approval.
5.5 Criteria for Approval. The Architectural Review Board shall approve any proposed
improvement to property only if it deems in its reasonable discretion that the
improvement to property in the location indicated will not be detrimental to the
appearance of the surrounding areas of the development as a whole;that the
appearance of the proposed improvement to property will be in harmony with the
surrounding areas of the development area;that the improvement to the property will
not detract from the beauty,wholesomeness and attractiveness of the development
area or the enjoyment thereof by Owners;and that the upkeep and maintenance of the
proposed improvement to property will not become a burden on the Community
Association. The Board may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Board may deem appropriate.
5.6 Architectural Review Board Guidelines or Rules. The Architectural Review Board
shall issue guidelines or rules relating to the procedures,materials to be submitted and
additional factors which will be taken into consideration in connection with the
approval of any proposed improvement to property.
5.7 Architectural Review Fees. The Architectural Review Board may,in its guidelines or
rules,provide for payment of fees to accompany each request for approval of any
proposed improvement to property. The Board may provide that the amount of such
fees shall be uniform for similar types of any proposed improvement to property,or
the fees may be determined in any other reasonable manner,such as based upon the
reasonable cost of the proposed improvement to property.
5.8 Decision of Architectural Review Board. The decision of the Board shall be made
within thirty(30)days after receipt of all materials required. The decision shall be in
writing and,if the decision is not to approve a proposed improvement to property,the
reason therefore shall be stated. The decision of the Board shall be promptly
transmitted to the Applicant at the address furnished by the Applicant.
5.9 Failure of Architectural Review Board to Act on Plans. Any request for approval of a
proposed improvement to property shall be deemed approved as proposed,unless
disapproval or a request for additional information or materials is transmitted to the
Applicant by the Board within thirty(30)days after the date of receipt by the Board of
all required materials.
5.10 Notice of Completion. Promptly upon completion of the improvement to property,
the Applicant shall give written notice of completion to the Architectural Review
Board and,for all purposes hereunder,the date of receipt of such notice of completion
by the Board shall be deemed to be the date of completion of such improvement to
property.
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5.11 Inspection of Work. The Architectural Review Board or its duly authorized
representative shall have the right to inspect any improvement to property prior to or
after completion,provided that the right of inspection shall terminate thirty(30 days
after the Board shall have received a notice of completion from the applicant.
5.12 Notice of Noncompliance. If,as a result of inspections or otherwise,the
Architectural Review Board finds that any improvement to property has been done
without obtaining the approval of the Board or was not done in substantial compliance
with the description and materials furnished by the Applicant to the Board or was not
completed within one year after the date of approval by the Board,the Board shall
notify the applicant in writing of the noncompliance which notice shall be given,in any
event,within thirty(30)days after the Board receives a notice of completion from the
applicant. The notice shall specify the particulars of the noncompliance and shall
require the Applicant to take such action as may be necessary to remedy the
noncompliance.
5.13 Failure of Architectural Review Board to Act After Completion. If,for any reason
other than the Applicant's act of neglect,the Board fails to notify the Applicant of any
noncompliance within thirty(30)days after receipt by the Board of written notice of
completion from the Applicant,the improvement to property shall be deemed in
compliance if the improvement to property was,in fact,completed as of the date of
notice of completion.
5.14 Correction of Noncompliance. If the Architectural Review Board determines that a
noncompliance exists,the Applicant shall remedy or remove the same within a period
of not more than forty-five(45)days from the date of receipt by the Applicant of the
ruling of the Board. if the Applicant does not comply with the Board's ruling within
such period,the matter may be referred to the Association,and the Association may,
in its discretion,record a notice of noncompliance against the real property on which
the noncompliance exists,may institute judicial proceedings to allow it to remove the
noncomplying improvement,or may otherwise remedy the noncompliance,and the
Applicant shall reimburse the Association,upon demand,for all expenses incurred
therewith. If such expenses are not promptly repaid by the Applicant or owner to the
Association,the Association may levy a reimbursement assessment against the owner
for such costs and expenses. The right of the Association to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the
Association may have at law,in equity,or under this Declaration.
5.15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural
Review Board or by the Association shall constitute a waiver or estoppel with respect
to future action by the Architectural Review Board or the Association with respect to
any improvement to property. Specifically,the approval by the Board of any
improvement to property shall not constitute approval of,or obligate the Board to
approve any similar proposals,plans,specifications or other materials submitted with
respect to any other proposed improvement.
Is
5.16 Architectural Review Board Power to Grant Variances. The Board may authorize
variances from compliance with any of the provisions of this Declaration or any
Supplemental Declaration,including restrictions upon height,size,floor area or
placement of structures or similar restrictions,when circumstances such as
topography,natural obstructions,hardship,aesthetic or environmental considerations
may require. Such variances must be evidenced in writing and shall be come effective
when signed by as least a majority of the members of the Board. If any such variance
is granted,no violation of the provisions of this Declaration or any Supplemental
Declaration shall be deemed to have occurred with respect to the matter for which the
variance was granted;provided,however,that the granting of a variance shall not
operate to waive any of the provisions of this Declaration or any Supplemental
Declaration for any purpose except as to the particular property and particular
provision hereof covered by the variance,nor shall the granting of a variance affect in
any way the owner's obligation to comply with all governmental laws and regulations
affecting the Property concerned,including,but not limited to zoning ordinances and
setback lines or requirements imposed by any governmental authority having
jurisdiction.
Any variance granted to a landowner shall inure to the benefit of any subsequent
landowner of the same lot,and such subsequent landowner shall be entitled to utilize
the variance in the same manner,and under the same conditions as the landowner who
originally was approved for the variance. However,no other lot owner within the
subdivision shall be entitled to rely upon the granting of a variance on another
landowner's property and shall be required to make application for and be approved
for any variance by the Board.
5.1 Compensation of Members. Members of the Architectural Review Board shall receive
no compensation for services rendered,except for its professional members,who shall
be reasonably compensated for their services. All members shall receive
reimbursement of out of pocket expenses incurred by them in the performance of their
duties hereunder.
5.2 Meetings of Architectural Review Board. The Architectural Review Board shall meet
from time to time as necessary to perform its duties hereunder. The Board may,from
time to time,by resolution in writing adopted by a majority of the members,designate
a Architectural Review Board Representative(who may,but need not,be one of its
members)to take any action or perform any duties for or on behalf of the
Architectural Review Board,except the granting of approval to any improvement to
property and granting of variances. The action of such Architectural Review Board
Representative within the authority of such Architectural Review Board
Representative or written consent or the vote of a majority of the members of the
Architectural Review Board shall constitute action of the Architectural Review Board.
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5.3 Records of Actions. The Architectural Review Board shall report in writing to the
Association all final actions of the Architectural Review Board and the Board shall
keep a permanent record of such reported actions.
5.4 Estoppel Certificates. The Association shall,upon the reasonable request of any
interested party and after confirming any necessary facts with the Architectural Review
Board,furnish a certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement to property was
made in compliance herewith. Any person without actual notice to the contrary shall
be entitled to rely on said certificate with respect to all matters set forth therein.
5.5 Nonliability for Architectural Review Board Action. None of the Architectural
Review Board,any member of the Architectural Review Board,any Architectural
Review Board Representative,any member of the Association or Developer 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 Architectural Review Board unless due to the willful
misconduct or bad faith of the party to be held liable. In reviewing any matter,the
Board shall not be responsible for reviewing,nor shall its approval of,an improvement
to property be deemed approval of the improvement to property from the standpoint
of safety,whether structural or otherwise,or conformance with building codes or
other governmental laws or regulations.
ARTICLE VI-THE ASSOCIATION
6.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be
governed and administered by the Articles of Incorporation and Bylaws of the Summit
Peaks Estates P.U.D.Community Association and by the Declaration. In the event of
a conflict between the provisions of this Declaration and the Articles of Incorporation
or the Bylaws of the Association,the terms of this Declaration shall be controlling.
6.2 Membership and Voting Rights.
a. Membership. Every person or entity who is an owner of a fee,or undivided
interest in any lot within the property shall automatically 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.
Membership shall be appurtenant to and may not be separated from ownership
of any lot.
b. Voting Rights. The Association shall have one(1)class of voting membership
which shall be all of the Owners as defined in 6.2.a. Members shall be entitled
to one(1)vote for each lot owned. When more than one(I)person holds an
ownership interest or interests in any Lot,all such persons shall be members,
and the vote provided for herein shall be exercised as they among themselves
determine. In no event shall more than one(1)vote be cast with respect to any
Lot.
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. _ . . . . _ . . _ . . . . . . _ _ _ . . . _ . . . .. _ . _ _
•
its By-Laws. All the assessments described above,together with such interest thereon
and costs of collection thereof as hereinafter provided,shall be a charge of the land
and shall be a continuing lien upon the property against which such assessment is
made, subject to foreclosure in accordance with applicable law,but any such lien shall
be subordinate to any valid mortgages or deeds of trust affecting such property. Each
such assessment,together with such interest thereon and costs of collection thereof
shall also be the personal obligation of the person or persons who are the Owner(s)of
such property at the time when the assessment falls due,and in the event that there is
more than one Owner thereof,such obligations shall be joint and several. In no event
shall the Declarant be obligated to pay any annual or special assessments for any Lot
owned by Declarant within the Property.
6.7 Purpose and Use of Annual Assessments or Charges. The annual assessments or
charges levied under this Article VI,section 6.6 above,shall be used exclusively for
the purposes of promoting the recreation,health,safety and welfare of the residents of
the property,and in particular: (I)for the acquisition of improvements to and
maintenance of the Common Facilities(including,but not limited to,the payment of
taxes and insurance thereof,and the repair,replacement and additions thereof,the cost
of labor,equipment,material),management and supervision thereof,and(2)for the
provisions of services to the Owners,including,but not limited to,garbage and trash
collection,security services and for such other needs of the Association and Owners as
may arise,including a reasonable provision for contingencies and replacements. It
shall be the obligation of the Association as all times to keep all of the Common
Facilities in good condition and to properly maintain the same.
6.8 Special Assessments for Capital Improvements and Emergencies. In addition to the
annual assessments described above,the Association may levy in any assessment year
a special assessment,applicable to that year only,for the purpose of defraying in
whole or in part the cost of any construction or reconstruction;any unexpected repair
or replacement of a described capital improvement upon the Common Facilities,
including the necessary fixtures and personal property related thereto;and any
construction or reconstruction,unexpected repair or replacement,including land
rehabilitation and restoration,due to any emergencies. The special assessments
provided for hereunder shall be limited to the annual sums described in Section 6.9 of
this Article VI.
6.9 Capital Contributions for Improvements,Repairs,and Replacements. In addition to
the annual or special assessments described above,the Association may levy in any
assessment year,either as part or aside as a reserve for future capital expenditures,
assessments to collect funds for major repairs to or replacements of improvements
located on the Common Facilities or for the future construction of improvements on
the Common Facilities. Any funds so collected shall be designated by the Directors as
capital contributions to the Association by the members thereof and shall be
segregated and placed in a separate bank account of the Association to be utilized
solely for the purposes aforesaid. The special assessment described in Section 6.8 of
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this Article VI and the capital contribution described in the Section 6.9 shall be subject
to the limitation that the combined special assessment and capital contribution in any
single calendar year shall not exceed one thousand dollars($1,000)per Lot without
the consent of seventy five percent(75%)of the members of the Association.
6.10 Due Date of Commencement and Determination of Annual Assessments and
Assessment Deposit. The annual assessments shall be due and payable on October 1'
of every year. Assessments shall be on a fill calendar year basis. The Directors shall
fix the amount of the annual assessment against each lot by estimating the net charges
and expenses to be incurred by the Association for the purposes set forth in this
Declaration. The annual and special assessments shall be in such amounts as are fixed
by the Directors of the Association as aforesaid,and shall be without limitation.
Separate due dates may be established by the Directors for special assessments,as
defined hereunder,as long as such dates are set thirty(30)days in advance of special
assessments. Written notice of the annual and any special assessments shall be sent to
every Owner subject thereto as soon as the amounts are determined.
6.11 Effect of Non-Payment of Assessments and Personal Liability of Owner. If an
assessment is not paid on the date when due(being the date specified in Section 6.10
hereof),then such assessment shall become delinquent and shall,together with such
interest thereon and costs of collection thereof,as hereinafter provided,thereupon
become a continuing lien on the property of the Owner which shall bind such property
in the hands of the then Owner,his heirs,devisees,and personal representatives,
successors and assigns. In addition to the lien rights,it shall be the personal obligation
of the then Owner to pay such assessment and such personal obligation shall continue
even though the Owner's interest in the property shall be transferred.
If the assessment is not paid with thirty(30)days after the due date,the assessment
shall bear interest from the due date at the rate of twenty-one percent(21%)per
annum,and the Association may bring legal action against the Owner personally
obligated to pay the same,or foreclose the lien against the property and there shall be
added to the amount of such assessment all costs incurred by the Association in
foreclosing the lienor in collecting the amount owing,including any reasonable
attorney's fees.
6.12 Subordination of the Lien to Mortgages. As provided aforesaid,the lien of the
assessments provided for herein shall be subordinate to the lien of any mortgages now
or hereafter placed upon the property subject to assessment; provided,however, such
subordination shall apply only to the sale or transfer of such property pursuant to a
decree of foreclosure,or other proceeding in lie of foreclosure. Such sale or transfer
shall not release such property from liability for any assessment thereafter becoming
due,nor from the lien of any such subsequent assessments.
6.13 Liability Insurance. The Association shall be required to maintain liability insurance
insuring against injury to persons or property as a result of use of the Common
23
Facilities including,but not limited to,any loss as a result of the failure of the storm
water drainage systems. Such insurance shall be maintained with a company licensed
to do business in the State of Colorado and shall have minimum limits of liability for
injury or damage to persons or property in the amount of One MLllion Dollars
($1,000,000.00),with such amount to be adjusted periodically and increased if the
same is required in the reasonable judgment of the Board of Directors of the
Association and if such increased amounts of insurance are available for purchase as
such time.
6.14 Owner's Personal Liability and Property Insurance. An Owner may carry such
property,fire and personal liability insurance as such Owner may desire. It is
understood that the Association policies described herein will provide no insurance
coverage for the Lots or the improvements situate thereon.
6.15 Assessments for Other Charges. The association shall have the right to charge lot
owners for special services provided by the Association to such owner,including,but
not limited to,those matters set forth in Sections 3.6,3.10, 3.13, 3.21.a of this
Declaration. The Association shall also have the right to charge a lot owner for any
common expense causes by the misconduct of such lot owner,in which event such
expense may be assessed exclusively against such owner. The Association shall have
the right to impose a lien for any such special service charges or charges due to
misconduct that are not paid when due;said lien shall include court costs and
reasonable attorney's fees incurred by the Association in collecting said charges.
6.16 No Other Common Facility Liens. No additional liens,other than mechanics liens,
assessment liens or tax liens,may be obtained against the Common Facilities,and no
other assessments,debts or other obligations are assumed by Lot owners,other than
as set forth herein.
6.17 Report of Default. The Association,upon request, shall report in writing to a first
mortgage of a lot any default in the performance by any lot mortgagor of any
obligation under the Declaration which is not cured within sixty(60)days.
6.18 Release of Lien. The recorded lien may be released by recording a Release of Lien
signed by an officer of the Association on behalf of the Association.
6.19 Lien Subordinate to First Mortgage-Limitations. The lien for special service
charges and assessments provided for herein shall be subordinate to the lien of any first
mortgage or deed of trust now hereafter placed upon the lot subject to assessment;
PROVIDED,HOWEVER,that such subordination shall apply only to the assessments
which have become due and payable prior to a sale or transfer of such lot pursuant to a
decree of foreclosure,or any other proceeding in lieu of foreclosure. Such
foreclosure,or any other proceeding in lieu of foreclosure. Such sale or transfer shall
cause such lot and grantee thereunder to be relieved of liability for such prior
assessments but shall not relieve such lot or grantee from liability from any
24
assessments thereafter becoming due,nor from the lien of any such subsequent
assessment.
6.20 First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this
Declaration,in the event of any default on the part of an owner under any first
mortgage or first deed of trust which entitles the holder thereof to foreclose the same,
any sale under such foreclosure,including the delivery of a deed in lieu to such first
mortgagee,shall be made free and clear of all then due and owing assessments. No
first mortgagee shall be liable for any unpaid common expense assessments accruing
prior to the time such mortgagee receives a deed to a lot.
6.21 Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee
not to exceed twenty-five($25),and upon the written request of any owner or any
mortgagee or prospective owner of a lot,the Association shall issue a written
statement setting forth the amount of the unpaid common expenses,if any,with
respect to the subject lot,the amount of the current monthly assessment and the date
that such assessments becomes due,credit for any advanced payments of common
assessments,for prepaid items such as insurance premiums,but not including
accumulated amounts for reserves or sinking funds,if any,which statements shall be
conclusive upon the Association in favor of all persons who rely thereon in good faith.
Unless such request for a statement of indebtedness shall be complied with within
twenty(20)days,all unpaid common expenses which become due prior to the date of
making such requests shall be subordinate to the rights of the person requesting such
statement and in the case of a grantee of such lot,the grantee shall not be liable for,
nor shall the lot conveyed be subject to a lien for any unpaid assessments against said
lot. The provisions set forth in this Section 6.21 shall not apply to the initial sales and
conveyances of the lots made by Declarant,and such sales shall be free from all
common expenses to the date of conveyance.
6.22 Mortgages-Priority. Each owner shall have the right from time to time to mortgage
or encumber his interest by deed of trust,mortgage or other security instrument. A
first mortgage shall be one which has first and paramount priority under applicable
law. The owner of a lot may create junior mortgages,liens or encumbrances on the
following conditions:(1)that any such junior mortgages shall always be subordinate to
all of the terms,conditions,covenants,restrictions,uses,limitations,obligations,lien
for unpaid assessments,and other obligations created by this Declaration,the Articles
of Incorporation and the Bylaws of the Association;(2)that the mortgagee under any
junior mortgage shall release,for the purpose of restoration of any improvements upon
the mortgages premises,all of his right,title and interest in and to the proceeds under
all insurable policies upon said premises held by the Association. Such release shall be
furnished forthwith by a junior mortgagee upon written request of the Association,and
if such request is not granted,such release may be executed by the Association as an
attorney-in-fact for such junior mortgage.
25
•
6.23 Professional Management. Any agreement which may be entered into with regard to
professional management or any other contract for providing of services by Declarant
or Developer shall be for a term of not more than one(I)year and shall be terminable
on thirty(30)days'written notice,without cause and without payment of a
termination fee.
ARTICLE VD-ENFORCEMENT
7.1 Abatement and Suit. The provisions herein contained shall run with the land,and be
binding upon and inure to the benefit of the Declarant and the Owners of every Lot
within the Property. Each Owner,by acquiring and interest in the Property,appoints
irrevocably the Association as such Owner's attorney-in-fact for such purposes;
provided,however,that if an Owner notifies Association in writing of a claimed
violation of the provisions herein contained and fails to take action to remedy the
violation within thirty(30)days after receipt of such notification,then,and in that
event only an Owner may separately at such Owner's own cost and expense,enforce
the provisions herein. Violation of any of the provisions herein contained shall give
the Association the right;(1)to enter upon the portion of the Property wherein said
violation or breach exists and summarily to abate and remove,at the expense of the
Owner, any structure,thing or condition that may be or exists thereon contrary to the
intent and meaning of the provisions hereof;(2)to prosecute a proceeding at law or in
equity against the person or persons who have violated or are attempting to violate
any of the provisions herein to enjoin or prevent them from doing so;and(3)to cause
said violation to be remedied or to recover damages for said violation.
7.2 Deemed to Constitute a Nuisance. Every violation of this Declaration or any part -
thereof is hereby declared to be and to constitute a nuisance,and every public or
private remedy allowed therefor by law or equity against the Owner,shall be
applicable against every such violation and may be exercised by Declarant or any
Owners pursuant to Section 7.1 of this Article VII.
In any legal or equitable proceeding for the enforcement or to restrain the violation of
this Declaration or any provision hereof;the landowner agrees to pay the reasonable
attorney's fees of the Association,if the Association prevails,in the amount as may be
fixed by the court proceedings. All remedies provided herein or at law or in equity
shall be cumulative and not exclusive.
The failure of the Declarant or of the Architectural Review Board or the Association
to enforce any of the provisions of this Declaration herein contained shall in no event
be deemed to be a waiver of the right to do so for subsequent violations or of the right
to enforce any other provisions thereof,and the above-named entities shall not be
liable therefor.
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. . . .. . . _ - _ _ . _ . _ _ . _ . _ . . . . _ . . . . . .. .. .. . .. _
ARTICLE VIII-GENERAL PROVISIONS
8.1 Duration. Subject to the provisions of Section 8.3 of this Article VIII,this
Declaration shall remain in flu force and effect, shall run with the land and shall be
binding on all persons having any interest in any lot in the Subdivision for a period of
twenty(20)years from the date this Declaration is recorded and thereafter shall be
automatically extended for successive periods of ten(10)years unless an instrument
signed by a majority of the then-owners of lots in the Subdivision has been recorded
agreeing to change or terminate the Declaration in whole or in part.
8.2 Amendments. This Declaration,or any portion thereof,may be amended or revoked
at any time by an instrument in writing signed by the owners of at least seventy-five
percent(75%)of the lots in the Subdivision and on hundred percent(100%)of the
holders of recorded first mortgages or deeds of trust. Any amendment shall be
effective only upon the recordation of the written amendment or ratification thereof
containing the necessary signatures of lot owners and encumbrance holders.No
amendment to this Declaration may be made which conflicts with any of the laws of
the State of Colorado,or ordinances of Weld County. No amendment shall affect any
rights of Declarant unless approved in advance by and consented to by Declarant in
writing.
8.3 Severability. Any provision of this Declaration invalidated in any manner whatsoever
shall not be deemed to impair or effect in any manner the validity,enforcement or
effect of the remainder of this Declaration and,in such event,all of the other
provisions of this Declaration shall continue in full force and effect as if such invalid
provision had never been included herein.
8.4 Disclaimer. No claim or cause of action shall accrue in favor of any person in the
event of the invalidity of any covenant or provision of this Declaration or for the
failure of the Architectural Review Board or Declarant to enforce any covenant or
provision hereof This Section 8.4 may be pleaded as a full bar to the maintenance of
any such action or arbitration brought in violation of the provisions of this Article
VIII.
8.5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated
or waived by reason of any failure to enforce the same,regardless of the number of
violations or breaches which may occur.
8.6 Captions.The captions herein are inserted only as a matter of convenience and for
reference and in no way define,limit or describe the scope of this Declaration nor the
intent of any provisions hereof
8.7 Construction. The use of the masculine gender in this Declaration shall be deemed to
include the feminine and neuter genders,and the use of the singular shall be deemed to
refer to the plural,and vice versa,when the context so requires.
27
8.8 Notices. Notices required or permitted by this Declaration shall be made in writing.
Notice to a member of the Association shall be sufficient if sent by the United States
mail,sufficient postage prepaid,to the latest address given by such member to the
Secretary of the Association. In such event,notice shall be deemed effective three(3)
days after such deposit into the United States mail. Notices may also be given by
certified or registered mail,or by hand delivery. If hand delivered,notice shall be
effective on the date that delivery is accomplished. If sent by registered or certified
mail,notice shall be deemed effective three(3)days after deposit into the United
States mail,sufficient postage prepaid.
28
IN WITNESS WHEREOF,the undersigned being Owners(or Mortgagees)of Lots in
Summit Peaks Estates P.U.D.have executed this Declaration the date and year indicated
below.
Green Acres Enterprises,LLC a limited
liability corporation
BY:
Date Larry Kaylor
President
ATTEST:
Date Diana Cummings
Vice President
STATE OF COLORADO )
)sa
COUNTY OF WELD
The foregoing Declaration of Covenants,Conditions and Restrictions for Summit
Peaks Estates P.U.D. was acknowledged before me this day of 1998,
by Larry Kaylor,President,and Diana Cummings,Vice President of Green Acres
Enterprises,LLC,a limited liability company, the owner of the real property subject to
said Declaration.
Witness my hand and official seal.
My commission expires:
Notary Public
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APPENDIX A
LEGAL DESCRIPTION OF PROPERTY
The property subject to this Declaration is described as follows:
A tract of land,S''A of the SW''A of Section 7,T3N,R68W of the 66 P.M..
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 7,T3N,R68W,OR
THE 67N P.M.,AND CONSIDERING THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 7 TO BEAR NORTH 00'00'00"EAST BETWEEN
MONUMENTS AS SHOWN HEREON,WITH ALL BEARINGS HEREIN RELATIVE
THERETO;THENCE ALONG THE WEST LINE OF SECTION 7,NORTH 00'00'OO"
EAST,A DISTANCE OF 1270.88 FEET TO THE NORTHWEST CORNER OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7;THENCE
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 7,NORTH 87'28'05"EAST,A DISTANCE OF 2554.24
FEET TO THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 7;THENCE
ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 7,SOUTH 01'18'27"
EAST,A DISTANCE OF 1299.69 FEET TO THE SOUTH QUARTER CORNER OF
SECTION 7,NORTH 88'07'41"EAST A DISTANCE OF 2582.78 FEET TO THE
POINT OF BEGINNING,CONTAINING 75.653 ACRES,MORE OR LESS.
30
APPENDIX B
RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The
rural areas of Weld county may be open and spacious,but they are intensively used for
agriculture. Persons moving into a rural area must recognize there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services
than in town.
Agricultural users of the Land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts,including noise from tractors and
equipment;dust from animal pens,field work,harvest,and gravel roads;odor from animal
confinement, silage,and manure;smoke from ditch burning;flies and mosquitoes;the use
of pesticides and fertilizers in the fields,including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved"out of the way"of residential development without
threatening the efficient delivery of irrigation to field which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the state of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses,including law
enforcement, ambulance,and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads,no
matter how often they are bladed,will not provide the same kind of surface expected from
a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility
of the homeowners. Services in rural areas,in many cases will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment,ponds,and irrigation ditches,electrical
power for pumps and center pivot operations,high speed traffic,sand burs,puncture
vines,territorial farm dogs,and livestock present real threats to children. Controlling
children's activities is important,not only for their safety,but also for the protection of the
farmer's livelihood.
31
APPENDIX F
Improvements Agreement
10
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 20th day of April, by and between the County of
Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County".
and Green Acres Enterprises,LLC hereinafter called"Applicant".
WITNESSETH;
WHEREAS,Applicant is the owner of or has a controlling interest in the following described
property in the Canny of Weld,Colorado:
South 'A of the SW'''h of Section 7,TIN,RMWaf the 6u pan.
WHEREAS,a final subdivision/PUD plat of said property,to be known as Summit Peaks
Estates has been submitted to the County for approval:and
WHEREAS, Section 7.3.8 of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the subdivision,which improvements,along with a time schedule for completion,are listed
in Exhibits"A"and"B"of this Agreement.
NOW,THEREFORE IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said final plat,the parties hereto promise,covenant and agree ai follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit"A"which is attached hereto and made a pail of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado,and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
13 Applicant shall famish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built"drawings and a final
statement of construction cost to the County.
2.0 Riyhtsof-Wav and E cements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 fsytonmtion' Applicant shall furnish and install,at its own expense, the subdivision
improvements listed on Exhibit"A:which is attached hereto and made a part hereof by this
reference,according to the construction schedule set out in Exhibit"B"also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards,those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County;and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicants expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water,gas,electric and telephone
services.
3.5 Said subdivision improvements shall be completed,according to the terms of this
Agreement,within the construction schedule appearing in Exhibit"B". The Board
of County Commissioners,at its option, may grant an extension of the time of
completion shown on Exhibit"B"upon application by the Applicant subject to the
terms of Section 6 herein.
• 2 Revised 17/95
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits,actions or claims
of every nature and description caused by,arising from,or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim,together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers,agents,employees,or otherwise except for the liability, loss,or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or,in its absence,the owners
of lots within the subdivision.
6.1 If desired by the County,portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B",but such use and operation shall
not constitute an approval of said portions.
6.2 County may,at its option,issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B",
and may continue to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the filing of a
Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County
Commissioners partially approve them. Not sooner than nine months after partial approval,
the County Engineer shall,upon request by the applicant,inspect the subject streets,and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s)that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards,he
shall recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board of
County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
3 Revised 12/95
approval,the applicant shall indicated which of the five types of collateral prefered
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement Acceptable collateral
shall be submitted and the plat recorded within six(6)months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with
all current County standards,policies and regulations. The improvements shall be
completed within one(1)year after the Final Plat approval(not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty(30)days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100%of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement
not renewed within these time frames,the County,at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B".
8.0 Improvements QRAFetee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100%of the total
value of the improvements as set forth in Section 6.0 and exhibits"A"and
"B"
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised 12/95
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements,based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping,etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15%of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%,or one year from the date of Final Plat approval,whichever
occurs first. Said letter shall stipulate that, in any event,the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty(60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Instieztd upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2,1 In the event property within the proposed development is used as collateral,an
appraisal is required of the property in the proposed development by a disinterested
M.A.I.member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
5 Revised 12/95
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A=Wand given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100%of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project"as built"is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
6 Revised 12/95
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County,the applicant(s)may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
•
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount oft 5%of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity,special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sian a_d Onen$pacm: When the Board of County Commissioners,pursuant to a
rezoning,subdivision or planned unit development,requires the dedication,development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character,extent and location suitable for public use for parks,greenbelts or schools,said
actions shall be secured in accordance with one of the following alternatives,or as specified
in the PUD plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Regulations, may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within
the subdivision.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives,successors and assigns of the Applicant,and upon recording by the
County,shall be deemed a covenant running with the land herein described,and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 Revised 12/95
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT
BY:
(title)
Subscribed and sworn to before me this day of ,19
My Commission expires:
Notary Public
•
U:FOb AAFlWATGOI
. 8 Revised 12/95
EXHIBIT"A"
Name of Subdivision: SUMMIT PEAKS ESTATES
Filing: FIRST/ALL.
Location: S 1/2 OF SW I/4 OF S7t T 3f41, R L8 W OF L" Pk, WELD COUMTY
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated 19_,
recorded on 19_, in Book ,Page No._, Reception No.
the following improvements.
(Leave spaces blank where they do not apply)
Estimated
'mamma ats Unit Coat Qmstmetismessl
Street ending_ S 27,500
Street base S 3,500
Street paste 8 9.00/SO TA- L"FD .9 41.194
Curbs gutters &culverts A 4.500
,Sidewalk
Storm sewer facilities
[{anion ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewn
Trunk&fort d lines
Mains -WATER SYSTEM 8 3 9 SOO
I")"ells(house connected) STUBS I SERVICE METERS—HALVAH) W/MARIS
On-site sewage facilities
On site water supply&storage -
Water mains-Includes Bore
Fire hydrants 3 READ-INCLUDED WITH MAIIJS
Survey&street monuments&boxes 3 2,ROD
Street lighting
Street name sign .3 I, 500
Fencing requirements
Landscaping S S�000
park improvements I. 3 3,000
Road Culvert
Suess I.ined Swale
Telephone 14,B00
Gas
Electric .3 24,000
WaterTrapsfer J2.700 /51441LE -832400
;SUR-TOTAL. .31984 94
9 Revised 12/95
Engineering and Supervision Costs S 3,500
(testing,inspection,as-built plans and work in addition to preliminary and final plat supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $/999
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized
agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B".
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date: 19 .
10 Revised 12/95
•
EXHIBIT"B"
Name of Subdivision: SUMMIT PEAKS ESTATES
Filing: FIRST/ALL
Location: S 112 OF SW 1/4 OF 37a T3N, K48 W OF 4r" P.M.5 WELD COUNTY
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of Subdivision,
dated 19 ,Recorded on ,19 in Book
,Page No. ,Reception No. the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 4/15- 4/25/98
Street base 7/IG- 7117/18
Street paving 7110- 7121.118
Curs gutters and culverts to/22- 4/25/98
Sidewalk
Storm sewer facilities
Retention ponds
Pitch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Maims—WATER SYSTEM (0124- 7/S/9S
Laterals mouse connected) 4/210- 7/8/18
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants 4/24-7/8/18
Survey&street monu entsRboxes 4NS-7/3I/78
Street lighting
Street name signs 7/28 - 7/28198
Fencing requirements
landscaping /0/1S- 712 8/98
park improvements 10/I S-7/ZS/la
Telephone 7/IS-7/IS/98
Electric 7/9 -7/19/98
Water Transfer 7/31/18
Sub-Total
11 Revised 12/95
The County,at its option,and upon the request by the Applicant,may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the
above schedule cannot be met.
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date: 19
12 Revised 17/95
. . _ . . . . _ . . _ . _ . _ . . .. . . . .. .. . _ . . .. .. .. .. .. . . . . . . . . . _ . _ . . _ _ . _ .
APPENDIX G
Engineering Memo
II
Swift and Associates
Town nan.inr.ur..n o..fie.CWn EngIn..nns
April 15, 1998
Don Carol
Weld County Department of Public Works
Greeley,Co
(Fax)
Dear Don:
With regard to the Summit Peaks deceleration lane I would like to offer the following
observations;
!. Weld County has adopted"A Policy on Geometric Design of Highways and Streets"
AASHTO, 1990(latest version),for street and highway design,not the Colorado State
Highway Access Code.The following review will focus on the AASHTO,or Greenbook,
reference.
2. The selection and evaluation of so called speed-change lanes is outlined on page 798 of
AASHTO and are addressed as follows;
A)Speed change lanes are warranted on high-speed and on high-volume highways
where a change in speed is necessary for vehicles entering or leaving the through
traffic lanes.
With a current ADT about 900. this stretch of road can not be construed
as high volume. County Road 34 may be classified as a Minor Rural
Collector(p. 12). This criteria does not apply at this time.
B)All drivers do not use the speed change lane in the same manner;some use little
of the available facility. As a whole,however,these lanes are used sufficiently to
improve the overall safety and operation of the highway.
The deer!lanes on Hover Road in Longmont,as evidenced by tire tracks,
are used very infrequently. We agree that most people do not use such a
lane.
C)Use of speed change lanes vary with volume. The majority of drivers using
them at high volume.
This is not a high volume street.
D)The directional type of speed change lane consisting of a long taper fits the
behavior of most drivers and does not require maneuvering on a reverse-curve
path.
421 Du Anam..$iit.212.IMgnmr,co.00501 303;772.7052;FAT 0500226
fil
/ A long leper(see CDOT specs)is not required generally jor streets of this
type and low ADT. The long taper is generally used for a gradual
reduction of speed and/or stacking.Both are characteristics of high
volume streets and do not apply here.
E)Deceleration lanes on the approaches to at-grade intersections that also function
as storage lanes for turning traffic are particularly advantageous,and experience
with them has been favorable. Such lanes reduce hazard and increase capacity.
There is no need for storage at this location.
There is also a question about the suggested ADT of 900. AASHTO discusses rural roads in
tearms of 30HV as a peaking factor.This runs from 15 to 25%of 30HV.There is also in the
literature,for this type of development,the same range for peak hour traffic related to ADT.We
would,therefore,expect from 135 to 225 vehicles per hour(2.25 to 3.75 vehicles per minute)for
the peak at 900 ADT.The owners and some of our staff have been on the site at rush hour and
see maybe 1 or 2 vehicles in 15 or 20 minutes. Was the ADT determined from actual vehicle
counts or theorized?
In any event,we do not seem to need a decel lane when compared to AASHTO criteria and we
ask that it not be required.We certainly are open to discussion of the issue and look forward to
your response.
"Olt:.
..,cant7n�ii•,
Sincerely, �S`Ol• u�,•��y�
n 3y�
IV
ti i.?_
2: � tt�
37t4.,r4r :zigE
Peter Swift,PE 611,93
ydjf•, ti;...: .,,
y,5 j.r c
<bampin5�oo •
421 2111 Muw,Mee 212,Lenr rat,Co.00501 13031772.7052:FAX aswue
APPENDIX H
Construction Schedule
12
Summit Peaks Estates -Construction Schedule
Activity Start Date Finish Date
Rough excavation/cut and fill 6/15/98 6/25/98
Set culverts,headwall,rip rap,and 6/22/98 6/25/98
males
Final rod grade 7/16/98 7/17/98
6"full depth asphalt 7/20/98 7/22/98
Compact and apply road base to 7/23/98 7/7/28/98
shoulder
Trench for electric and phone 7/6/98 7/8/98
Electric lines,transformers,and 7/9/98 7/14/98
pedestals
Phone line and pedestals 7/15/98 7/15/98
Water line;2300 feet,3 hydrants, 12 6/26/98 7/8/98
meter pits,and service checkout
Entry landscape,sign,equestrian 6/15/98 7/28/98
arena,and other landscape
Install street signs 7/28/98 7/28/98
Sweep road and clean area 7/29/98 7/31/98
APPENDIX I
Method of Financing Inforaadon
13
•
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in to sacra Odra aANtenebq.Rama Mm pay Lando d Lndr's address Orr Mere Or et sat lea plot as Lent Noy Seise
N e rq. betels Wowe*Feed r revved by bprVO4 Swy pa ents we be ppled Se to accrued Sped Neat cep to sired,and any
err awq amanl to any unpaid odebn Cab and W drys
PREPAYMENT;WN111O1 INTEREST OSAGE Barra sere We se lee ha and dour piped boo aego at erred.aa
of tie kw d as ed be rbro to bard Loon Sal pear(wrier whirr?a a e,rte o i4W.aces a oaawbr nabrd web.Is
arm wait ern rap's yapd� Sabra sbaindi r,Lender 4 enrol ra bMpW Isom del a Ma pea thin
erg.CORMS may pay MOON paeb Ia a.paler,N Sear owed d rir Ss eel due.
Eary peynrole W not rase pod b by UMW N wren,.reams tree a sawYs d4ANon b=alma b emir papas*on peed
unpaid soma Rae,they we reduce We prude barn dam
06ALLT. Iowans M be in devil ram a It.McKee rbppa (e Barer eds le node.Payment wen dot (D)Dancn s.«4 say
seer Barra Si node le Lender.a Braver IW to amply wr a to perform when re Wry Ss Im.abpesa4 corner a corers
=opined N IM Note a any agreement read to rte Min a N say ate pramen a den Menem air WIt Leese. RIMY y retnemallel a
ribmem node a bnd*Md b Lender by @aromar a on brewer)been I W a n*Wdp N M mater respect tlbar er a s to ems
see a naNrmd. (d)Borrows Stone('e rdw on Melba emcmt to pens 4 model sly sorer webs.Sr Ramon.any Myra
On.a any of Me Nmrs a Boren Demme Nphee.I re le.a loomed for lay pot Of Brmavt Croosty.Bman,nukes en
.,nnmwd la the Weir 01 Solom a say proe.dhig 4 epenad She by bran of pert Borrower woe any halauby a alaany
M. re)Any crab Dos le44.=14 RamweM1 pdery a Or in Meth LaMar hr*Ian a seam Nbat teas bMrdss•griMmn d ay
orb B=reds mount.Me Lender. (O My Amara dr a as d the deer map dammed in this SSW wren ocean err repot to Sly
wary..S IM Net. (g)A malael adverse chars actor In Barpe't Man's=Moon.N Lender Wave Or aapal d peened a
p eansc.d ue inderrdne b awaited.
If sly a4W,Dane bon t dsW'm peel,is curable and I Stamm he.m been even a rap d e breach el the awn pre mien of Ihe Nola
wpm M prpa5M M em(12)mends..may be cup(d no event el dead el Mw Deanedl I Sorer.suer t case MM=Wu horn
Landow amender cis o such debit Is.curs the Erma web twenty(20)days a Ibl I Me awe mores mac ten Wanly(20)des.
Immeiby Sirs step wile..Lender daunts in LUWt we disallow.°be swami to cue the date and IMa1W conNua end pry4n Ia
(elble And nesry cep lamer to produce do*Wnce a toola raanDy precrsl.
LIDEMIA1 lOMK upon dew,Ludt any Melee Me aura ward ptnopl bate an ht Nor and r aawd spa Oral Inawalal
due without not.,aid Par Samoa w pay Mal amount Upon dram.IolyNg enure le pay upon eel maey.Lade.d 4 peon,may des if
tiedWad vow amicable dew,do am a both of the.pine (a)Steal M bb=l rescues Mebfl.p%per sere,and (a)d any
weed*card coral le doper end amt WA W tor interest SMndhan ad pedal Me roc praised in the Nola IbJnq any Mead isle).
Tr meat dla we non amid n I=bmm rate pwmlde by @plac at is LaMar may Me a p?tames as b MN cart INS Hots I
Grower does not ply. Sorrows ao will pay undo OM amount. The incises Sublet to any MA under epcebte w.LWder't Allan.'tea
and Landers 4p expanse worts a ra.eae e a Mwlun.Including aeoyN MA Ind wool spires Or bankruptcy Remade.riWne
Slab to mealy a mate any autentr stay a Inlunctoll,sera,and any*MOMS patyypmrd Mlcbn sera If ore td,pd by
wows*war.Brews the wit pa she tarn Ca,N addtat to W other sum Slid by mw. This NSe Prell ben ddeaed b Loom as
scoop by Lands.N pm Met el Ware. It Mere lee Wren,Romps Ogre*upon Lana"e requester suMi le lee plolrOp el at.
creels of LMIN0.CmMy,the SANS et Colorado. Lender and brbaw hereby wdse Me right b amp Na aN N dey S.genesis a
aaplablm brought try eb e.Lear of Baroere spina the Wow. ire Nele Mai he prattled by or=nhbp N e(ada,e well Me
Nora the SUM of Colard
me m or SETOFF. Bast qNb b Lade,a comrade paereay baaiy Weed In.and Ivory San.ammo,des,dept,end
rears to Lardar a Imowlli r"N,e4 end inbred ition el dromunts held patty n and to.Banoxw's accounts n'M Lender Somas CMyaq,rage.a rime der
art IRAmom" MOM re0M ducing*ghoul and Y bWMwawt for M ore pant o t laapy interest would beyby Yw. aWeal.=Lender.to
mom lad someone re one al=owls lo Elder psneed bY parr 4M.b Sup a see a too owe on the Ns.KISS any and r Inch scoured
CiiATNLL. mI Nee 4 mewed bye Deed d Trust dated January a tie.b Me Perm Trull b M been d Ludt r red SSW"
lows a WILD Coin,,Stale d Cebada r We lemma and Canteen of weh we harry Incorporated and men open Of the Nate.
LINE OP CR®1T. The Noe parch t weight Se of art due We Or*mast o pnrpl his ban advanced.leaaee 4 not mar to
tuner Den aaapb.Advances under SS Not w wr a deers la pearl fan Spp✓s erns may be reasa asp a a sap by
Barnes a by en sbalad parson. Lender NY,bur red not Spur.M o ad Womb be warned N Mang. The bleep party a pros
arm susebd to ratios admen undo le ore of are unll Lander read Iran Paton,d Lender's eddies down row wait=tea of
mammon of the,Mope LARRY C NAILOI,NEMER;SAN,CWAWNOS,NEaaO1;sod DWG CUMMI IOS.Lamas.Bongo.agrees b
be labr de w Sims Whir (d Wwrad at pawn M M Mbumbae a on audapd persona ail Wedded to and d loa.W a amounts
eel Larder. The unpaid abler Dame ors on the Xs.tee bee may a epMnd by edee.a nth Nora.by Landreth Haas
coma lawn daily wrgrr pMgp tan*worn haws no oblipaion 10 rwp tuna ender the Meat NO diner a NM prmM 4 N
deer under the me a sr Ma re as dome Mal berms a any gurmb he with Lerch.Node M penes Nee N comers
with the pang of Mb Nolo (0)Samar a any parade cone ddre wane a to insomnia SI any mrrder mak.I dem or demise
de=b to hid,godly Cr forte Inch ewaayt gurambt of the tan a any err den We Lahr;a(d)Barow M WOW hina sabr
draw.toMit Nib purposes dn.then Mon aWnNs by lands.
LOT MEARES.LOTS WILL BE RELEASED FOR THE NET PROCEEDSCP T)t ESE OF EACH LOT.
ONNa5.'nommtmN4 Lwow nW day a lags enaaq dry at as Otis a rhea*aide IS Nola*eta.,Ndre urn, arm.el en,
air Paean Mb War abwwsese a dada Lai Nolo le W ama rowed byes wry preeYawt dined der payment proMl end ndMd
dear.Upon any Sono in me woo al ma wet and wawa M*vela prey aided N 1s,no pry who Sri MIS Ma..Mfr a asks.
guramb.wcwmdren male or emirs.MR be miaow den Bossy.Al loon pries cyst Ins Lends mm renew a eddied(roger*and
b eel demon a Yhel Me rm.or Saar any pry a gua r,a wwa:aW eke ed 10 mead upon a pried Wail,Cue intend in Me
cars*and Me It other colon menus reusty by tenor wire IM=rood of or no to anyone. Al Mh pros also*per MO Lanni
Ninny me tow a the a Se cams.,Ran.=b wryer ogle re,the pry wall whom be molcesn w node.The rysbn are Me
Summit Peaks Estates-Construction Cost Sheet
Activity Unit Cost Total
Rough excavation/cut and fill $27,500
Set culverts,headwall,rip rap,and $4,500
swales
Final road grade $3,500
6"fug depth asphalt S9.00/sq yd $41,994
Compact and apply road base to $9,500
shoulder
Trench for electric and phone $3,500
Electric lines,transformers,and $23,500
pedestals
Phone line and pedestals $400/lot $4,800
Water line;2300 feet,3 hydrants, 12 S39,500
meter pits,and service checkout
Entry landscape,sign,equestrian $11,000
arena,and other landscape
install street signs $1,500
Sweep road and clean area $1,250
Total $172,044
APPENDIX J
List of Mineral Owners,Surrounding Property Owners
14
.. . _ _ . . . . _ _ . _ . . . . . . . .. . .. . . .. . . . .. .. .. .. ..
PUD Change of Zone:Names of Owners of Property Within 500 feet
Name: Address Assessor's Parcel ID M
Galbraith,Ronald L.&Dona E. 14231 E.Countyline Rd 0104256
Longmont,CO 80501
Foos,Steven Lee 14255 E.Countyline Rd 0104257
Longmont,CO 80501 0104258
0101716
Dunlevy,Helen Carson&Rick Howard 14389 E.Countyline Rd 0104259
Longmont,CO 80501
Langhoff,Howard F.&Janice R. 12401 Wasatch Rd 0051821
Longmont,CO 80501 9600003
Hoogland,Bernard A.&Cheryl L. 15333 Weld Co.Rd 5 120707000035
Longmont,CO 80504
Longs Peak Water District P.O.Box 714 120718000008
Longmont,CO 80501
Billings,Norton A.&Sara A. 1945 Spruce Ave 120718000007
Longmont,CO 80501 120718000012
120718000013
Sswww:.l<Peetlr„ 21
Estates
PUD Change of Zone:
Names of Mineral Owners and Lessees of Property Within 500 Feet
Name Addeo' Assessor's Parcel ID It
Union Pacific Resources 801 Cherry St 120707000034
Fat Worth,TX 76102
Jarswr4 pe4y 23
Estates
APPENDIX N
Final Drainage Report
18
. . . . . . . . . . . . . . . .. . _ . . _ . _ . . _ . _ _ .
Final Drainage Report
for
Summit Peaks Subdivision
Weld County, Colorado
April 17, 1998
•
Swift and Associates
Tawn I. Urban Design Civil fn;lnavin6
421 l rat Anlrws (303) n]-7052 rM CW1rigM x997
Lwny',wM Co. J 631-7226 fax Parer Swift
69391 phssilsW.<am s-mail AN Rights FMrr.d
PRELIMINARY DRAINAGE REPORT
FOR
SUMMIT PEAKS SUBDIVISION
Index:
Introduction 2
Area Basin Hydrology 2
Local Hydrology 2
Hydraulics 3
Lot Drainage 3
Conclusion 4
Appendix
Drainage Vicinity Map 1
Area Basin Map 2
CUHP, Historic 3,4
CUHP,Developed 5,6
Local Basin Exhibit 7
Local Basin Hydrology 8-19
Intersection Exhibit 20
Swale at Basin 5 21
Culvert Hydraulics 22
Introduction:
The proposed development of Summit Peaks Subdivision is located on about 74 acres of farm
land at the north east corner of County Roads 34 and I.Currently the property is in agricultural
use
The proposed development includes 12 large residential lots,road right-of-way and an outlot for
equestrian use. The increase in impervious surface is negligible.
This report evaluates the impact of development on the hydrology and hydraulics of the property.
The Colorado Urban Hydrograph Procedure and the Rational Method are used to analyze peak
flow conditions on the property. Mannings equation and a modified version of Bernoulies
equation are used to design the culverts and roadside swales.
The 100 year event was used to compare the on and off-site basins runoff rates.The 100, 10 and
2 year events were calculated for several basins adjacent to the proposed roadway.
Area Basin Hydrology:
Pages I and 2 of the appendix illustrate the location of the site and the basin breakdown for the
major on-and off-site basins. The property slopes to the east to a broad channel that conveys
runoff to the south. The drainage then enters the swale on the north side of County Road 34.
The Colorado Urban Hydrograph Procedure(CUHP)was used to quantify the pre-and post-
development conditions of the site and its contributory basin to the north(see page 2) The results
appear on pages 3 through 6. The historic 100 year flow rate is calculated to be 365 cfs(page 6).
The developed 100 year flow rate is 366(page 4).
This is a very small difference and is simply accounted for be a small increase in impervious
surfaces. The historic analysis assumes,as is common, 1 percent imperviousness.The developed
condition increase this to 1.27 percent. This includes 2,000 square foot buildings and the
proposed roadway(24'mat in a 60'ROW).
The infiltration rates are based on'C'type soils having initial and final rates of 3 and 0.5 inches
per hour.
Local Hydrology:
There are 6 local basins within the proposed swale and road system(see page 7).Each basin and
some combinations were evaluated to size the swales and culverts.A summary of the analysis is as
follows;
Flow Rate
Study Point BasinsIncluded (100 vearl
1. Upstream of Culvert
at the Intersection
of the two Roads BI,B2 37.20(page 17)
2. Downstream of Culvert
for Tailwater and
Capacity Calc's BI,B2,B3,B5 34.51 (page 19)
For a schematic of the road crossing culverts,see page 20.
Hydraulics:
It is proposed that two 24"RCP Class III culverts cross at the intersection of the two roads. This
is determined by I)establishing the depth of flow in the Basin 5 swale for tailwater conditions
(page 21)and, 2)introducing that data into a headwater calculation for the culvert design(see
page 22). The greater of the flows,37.20 cfs,was used for the evaluation.
There will need to be an outlet concrete headwall with rip rap protection and an upstream
headwall. sediment trap and rip rap channel protection.The rip rap and headwall design will
appear with the final drainage report and engineering construction drawings.
MI the swalet will be at a minimum of 1"/%longitudinal slope. The calculated velocity of 3.87 fps
and 0.81 pounds per square foot shear stress indicate that the channel should be grass lined with
Type'C'vegitation(see US Soils Conservation Service data). A grass mix will be provided with
the final drainage report. The n-VR technique outlined in Chow's"Open Channel Hydraulics",
1959,page 180ff was used to determine appropriate n values with respect to vegital retardance.
See page 23 for a reproduction of Type'C' retardance curves.
The swale crncc section%will be trapezoidal with a 3'bottom width and 3:1 side slopes.This
section will be maintained at the end of the easterly cul-de-sac to follow the common lot line to
the east. The channel will feather out to a width of approximately 20 feet to provide the historic
sheet flow pattern toward the existing broad channel. This will be detailed at the time of the final
drainage report and engineering design.
This report asks for exemption to detention nond requirement%primarile because there is almost
no different in the historic and developed 100 year flow rates(1 cfs).If a pond were to be
designed and constructed,the sensitivity of the outlet control device would be such that no •
practical control could realistically be provided.
Lot Drainage:
Each lot will be required to conform to HUD VA/FHA site drainage requirements. Generally,it
will be reguired that the land slope at 10%for the first 10 feet adjacent to the foundation and that
the finished floor elevations be at least 3 feet above the highest adjacent existing grade. Each
design shall include a design%r conveying runof away from the proposed foundation system.
These details will be provided on the final engineering drawings.
Conclusion:
This report evaluates and proposes design for various elements of the drainage system for Summit
Peaks Subdivision, and asks for exemption to the detention pond requirements of the County. We
feel that there will be no adverse impact to the downstream properties with the proposed design.
APPENDIX
IAN 1
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MAP
I
A r e a E x h o b i t
Off Site Basin: ,
42.4 acres
On—site Bosco:
74.1 acres
•
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D I Offsite Basin
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o
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1 / - .' WELD COUNTY ROAD 34
SUMMIT PEAKS HISTORIC 100 YEAR STORM
1 U.D.F.C.D.CUHP RUNOFF ANALYSIS EXECUTED ON DATE AT TIME
CUHPE/PC VERSION MODIFIED IN JANUARY 1985
PRINT OPTION NUMBER SELECTED FOR THIS BASIN IS 7
BASIN ID: Basing — BASIN COMMENT:
AREA OF BASIN LENGTH OF BASIN DIST TO CENTROID IMPERVIOUS AREA
SLOPE UNIT DURATION
(SQMI) (MI) (MI) (PCT) (FT/FT) (MIN)
.I S .48 .13 1.00 .0250 5.00
COEFFICIENT COEFFICIENT
(REFLECTING TIME TO PEAK) (RELATED TO PEAK RATE OF RUNOFF)
.159 .265
CALCULATED UNIT HYDROGRAPH
TIME TO PEAK PEAK RATE OF RUNOFF UNIT HYDROGRAP PEAK VOLUME OF
RUNOFF
(MIN) (CFS/SQMI) (CFS) (AF)
8.62 1662.71 299.29 9.60
WIDTH AT 50= 18. MIN. WIDTH AT 75= 9. MIN. K50=.29 K75=.39
RAINFALL LOSSES INPUT W/BASIN DATA
MAX. PERVIOUS RET._.10 IN. MAX. IMPERVIOUS RET. =.30 IN.
INFILTRATION= .50 IN./HR. DECAY= .00000/SECOND FNINFL=3.00
IN./HR.
3
TIME UNIT ' TIME UNIT ' TIME UNIT '
HYDROGRAPH • HYDROGRAPH • HYDROGRAPH •
• •
• •
0. 0. • 30. 94 • 60. 19. •
5. 226_ • 35. 72 • 65. 14. •
10. 292. • 40. 55 * 70. 11. •
15. 218. • 45. 42 • 75. 8. •
20. 165. • 50. 32 • 80. 0. •
25. 124. • 55. 24 • 0. 0. •
1 BASIN ID: BasinB — BASIN COMMENT:
•••• STORM NO.= 1 •••• DATE OR RETURN PERIOD=
INCREMENT TOTAL STORM * INCREMENT TOTAL STORM
*
TIME RAINFALL EXCESS HYDROGRAPH * TIME RAINFALL EXCESS
HYDROGRAPH *
(MIN.) (IN) PRECIP (CFS) • (MIN.) (IN) PRECIP (CFS) *
* *
* *
0. .00 .000 0. * 65. .11 .067 176. *
5. .03 .000 0. * 70. .05 .013 144. *
10. .08 000 0 • 75„05 .013 114 *
15. .I2 .022 5. • 80. .03 .000 88. •
20. .22 .174 46. • 85. .03 .000 67. *
25 .38 .337 132. • 90. .03 .000 51. •
30 .68 .633 283. • 95. .03 .000 38. *
35. .38 .337 366. • 100. .03 .000 27. •
40. .22 .175 355. • 105. .03 .000 17. •
45. .17 .126 317. * 110. .03 .000 II. •
50. .14 .094 276. * 115. .03 .000 7. •
55. II .067 235. • 120. .03 .000 5. *
60. .11 .067 201. • 125. .00 .000 3. •
TOTAL PRECIP. = 3.12(1-HOUR RAIN= 2.70) EXECESS PRECIP.=2.125
INCHES
VOLUME OF EXCESS PRECIP- 20. ACRE-FEET
PEAK Q= 366.CFS TIME OF PEAK= 35. MIN.
INFILT.= .50 IN/HR DECAY=.00000 FNINF=3.00 IN/HR
MAX.PERV.RET.=.10 IN. MAX.IMP.RET.- .30 IN.-
.
SUMMIT PEAKS 100 YEAR DEVELOPED STORM
1 U.D.F.C.D. CUHP RUNOFF ANALYSIS EXECUTED ON DATE AT TIME
CUHPE/PC VERSION MODIFIED IN JANUARY 1985
PRINT OPTION NUMBER SELECTED FOR THIS BASIN IS 7
BASIN ID: BasinB -- BASIN COMMENT:
AREA OF BASIN LENGTH OF BASIN DIST TO CENTROID IMPERVIOUS AREA
SLOPE UNIT DURATION
(SQMI) (MI) (MI) (PCT) (FT/FT) (MIN)
.18 .48 .13 1.27 .0250 5.00
COEFFICIENT COEFFICIENT
(REFLECTING TIME TO PEAK) (RELATED TO PEAK RATE OF RUNOFF)
.158 263
CALCULATED UNIT HYDROGRAPH
TIME TO PEAK PEAK RATE OF RUNOFF UNIT HYDROGRAP PEAK VOLUME OF
RUNOFF
(MIN) (CFS/SQMI) (CFS) (AF)
8.58 1661.37 299.05 9.60
WIDTH AT SO= I8.MIN. WIDTH AT 75= 9. MIN. K50=.29 K75=.39
RAINFALL LOSSES INPUT W/BASIN DATA
MAX. PERVIOUS RET. =.10IN. MAX. IMPERVIOUS RET.=.30IN.
INFILTRATION= .50 IN./HR. DECAY= .00000/SECOND FNINFL=3.00
IN./HR.
6
TIME UNIT ' TIME UNIT ' TIME UNIT '
HYDROGRAPH • HYDROGRAPH • HYDROGRAPH •
* •
• •
0. 0. • 30. 94. " 60. 19. •
5. 227. * 35. 72. • 65. 14. •
10. 291. • 40. 55. • 70. 11. *
15. 217. " 45. 42. • 75. 8. •
20. 165. • 50. 32. • 80. 0. *
25. 124. • 55. 24. * 0. 0. *
I BASIN ID: BasinB -- BASIN COMMENT:
"••STORM NO. = I *••" DATE OR RETURN PERIOD=
INCREMENT TOTAL STORM • INCREMENT TOTAL STORM
•
TIME RAINFALL EXCESS HYDROGRAPH * TIME RAINFALL EXCESS
HYDROGRAPH •
(MIN.) (IN) PRECIP (CFS) • (MIN.) (IN) PRECIP (CFS)
* •
0. .00 .000 0. * 65. .1l .067 176. *
5. .03 .000 0. * 70 .05 .013 145. *
10 .08 .000 a • 75 .05 013 114. •
15 .12 .022 5. * 80. .03 .000 89. •
20 .22 .174 46. • 85. .03 .000 67. •
25 .38 .337 132. • 90. .03 .000 51. *
30 .68 .633 283. " 95. .03 .000 38. *
35 .38 .337 365. * 100. .03 .000 27. *
40 .22 .175 354. * 105. .03 .000 17. *
45 .17 .126 317. • 110. .03 .000 Il. •
50 .14 .094 275. • 115, .03 .000 7. •
55 .11 .067 235. * 120. .03 .000 5. *
60 .I1 .067 201. • 125. .00 .000 3. •
TOTAL PRECIP.= 3.12(1-HOUR RAIN= 2.70) EXECESS PRECIP.=2.126
INCHES
VOLUME OF EXCESS PRECIP= 20. ACRE-FEET
PEAK Q= 365.CFS TIME OF PEAK= 35. MIN.
INFILT= .50 IN/HR DECAY=.00000 FNINF=3.00 IN/HR
MAX.PERV.RET=.10 IN. MAX.IMP.RET.=.30 IN.
6
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I . (LD COUNTY ROAD 34
1"a ENV
•
2OJECTSummit Peaks •
BASIN: 81
Developed
---INPUT---- k— -- OUTPUT _
I RUNOFF
• wface Area I Area COEFF.
Type (acres) I (%) 2 5 10 100
ulal 7.97
Hard Surf 0.08 I 1.00 0.87 0.87 0.88 0.89
( ass 7.76 I 97.37 0.05 0.1 0.2 0.4
Gravel 0.00 0.00 0.15 0.25 0.35 0.65
P-of 0.13 1.63 0.8 0.85 0.9 0.9
0.00 0.00 0.87 0.88 0.9 0.93
- ------ WEIGHTED 0.07 0.12 0.22 0.41
T .als 7.97 100
=a== ma== ==n aa====== r_
- >TORIC RUNOFF COEFF:
C100= 0.4
:VELOPED BASIN
"'TIAL TRAVEL DISTANCE(<400')= 100
2EET TRAVEL DISTANCE = 760
SLOPE = 5 %
1.8(1.1-05)(L)".5
1 al Tc=c=--------- ----- = 10.32 min
(S)^.3333
It ,et It =(1J180)+10 = 14.22 min
r—AL TIME OF CONCENTRATION = 24.54 MIN
0+10 TIME = 14.78 MIN
TIME OF CONCENTRATION AS = 14.78 MIN
=_m== ===fla=t
fast squares regression of the 2 and 100 year event
as follows:
aff 2 Year 10 Year 100 Year
A 1.1028 2.5018 11.5343
E' 85.9835 42.1775 -0.041
( 3470.352 1658.836 -1Z006
"2 0.997 0.994 1
V
(2) (2) (1)
Eq.(1) Y=A•e*(MX•$y`2/C)
Ft(2) Y=A•e"((X-8)"2!C)
100= 8.20 iNhr 110= 3.93
i 2 = 2.34 In/hr LnX= 269
CiA
Q100= 20.41 cfs
O10 = 8.83 cfs
O2 = 1.32 cfs
I IOJECTSummil Peaks
BASIN: B2
Developed
----INPUT I<-- OUTPUT
I RUNOFF
L_rface Area I Area COEFF.
Type (acres) I (%) 2 5 10 100
Total 6.56 I
Surf 0.04 I 0.58 0.87 0.87 0.88 0.89
C iss 6.42 97.90 0.05 0.1 0.2 0.4
Gravel 0.00 0.00 0.15 0.25 0.35 0.65
31 0.10 I 1.52 0.8 0.85 0.9 0.9
0.00 0.00 0.87 0.88 0.9 0.93
WEIGHTED 0.07 0.12 0.21 0.41
`�•als 6.56 100
i TORIC RUNOFF COEFF:
C100= 0.4
V ELOPED BASIN
'IAL TRAVEL DISTANCE(<400•)= 100
IEET TRAVEL DISTANCE = 760
SLOPE = 2.5 %
1.8(1.1-05)(L)^.5
.i I Tc=c- 13.05 min
(S)^.3333
?r tt Tc =(L/180)+10 - 14.22 min
J >L TIME OF CONCENTRATION - 27.27 MIN
1_)+10 TIME 14.78 MIN
3 TIME OF CONCENTRATION AS - 14.78 MIN
___
act squares regression of the 2 and 100 year event
3 s follows;
'ea 2 Year 10 Year 100 Year
1.1028 2.5018 11.5343
3 65.9835 42.1775 -0.041
3470.352 1658.636 -12.006
lb
q`2 0.997 0.994 1
(2) (2) (1)
-1.(1) Y.A'e^((LnX-111)^2/C)
1.(2) Y.A'e^((X-8)"2/C)
i100. 6.20 in/hr HO. 3.93
i 2 . 2.34 irVhr LnX. 2.69
O-CiA
0100.. 16.69 cis
010 . 5.53 ds
O2 . 1.02 ch
PROJECTSummit Peeks
f SIN: 83
Oevebped
INPUT-------_- �.._ ---'--- OUTPUT
RUNOFF
¶ rface Area Area COEFF.
1 x (acres) (%) 2 5 10 100
T al 0.61 ---_.--
-...,d Surf 0.28 45.90 0.87 0.87 0.88 0.89
3rass 0.33 54.10 0.05 0.1 0.2 0.4
we' 0.00 0.00 0.15 0.25 0.35 0.65
Roof 0.00 0.00 0.8 0.85 0.9 0.9
0.00 0.00 0.87 0.88 0.9 0.93
WEIGHTED 0.43 0.45 0.51 0.62
'als 0.61 100
1ISTORIC RUNOFF COEFF:
C100= 0.4 •
IEVELOPED BASIN
W i IAL TRAVEL DISTANCE(c 400')= 125
TREET TRAVEL DISTANCE = 530
SLOPE = 1 %
1.8(1.1-05)(L)^.5
iitial Tc-c= 13.01 min
(S)^.3333
treat Tc -(L/180)+10 12.94 min
DIAL TIME OF CONCENTRATION - 25.96 MIN
100+10 TIME = 13.64 MIN
SE TIME OF CONCENTRATION AS - 13.64 MIN
t squares repression of the 2 and 100 year event
e as follows:
)=,1 2 Year 10 Year 100 Year
1.1028 2.5018 11.5343
B 65.9835 42.1775 -0.041
3470.352 1658.638 -12.008
I^2 0.997 0.994 1
(2) (2) (1)
I I.(1) V-A•e^((LnX-B)^2/C)
Eq.(2) Y-A*e^((X-B)^2/C)
'100= 6.43 inter i10- 4.08
2 - 2.42 in/hr LnX= 2.61
O100- 2.45 cis
O10 - 1.28 cts
O2 - 0.63 eMs
13
PROJECT Summit Peaks
I \SIN: B4
Developed
-INPUT I<--- OUTPUT
I RUNOFF
-dace Area I Area COEFF.
oe (acres) I (%) 2 5 10 100
1 tal 0.41
-._rd Surf 0.20 48.78 0.87 0.87 0.88 0.89
3rass 0.21 I 51.22 0.05 0.1 0.2 0.4
wel 0.00 0.00 0.15 0.25 0.35 0.65
ioof 0.00 I 0.00 0.8 0.85 0.9 0.9
I 0.00 0.87 0.88 0.9 0.93
WEIGHTED 0.45 0.48 0.53 0.64
- 'als 0.41 100
1ISTORIC RUNOFF COEFF:
C100- 0.4
'EVELOPED BASIN
W i IAL TRAVEL DISTANCE(c 400.1= 25
TREET TRAVEL DISTANCE = 540
SLOPE = 1 %
1.8(1.1-05)(L)^.5
itial Tc=c= = 5.62 min
(S)^.3333
:reef Tc =(11180)+10 13.00 min
J[AL TIME OF CONCENTRATION = 18.62 MIN
4°0+10 TIME = 13.14 MIN
3E TIME OF CONCENTRATION AS - 13.14 MIN
t squares regression of the 2 and 100 year event
a as follows:
,o,f 2 Year 10 Year 100 Year
A 1.1028 2.5018 11.5343
14
B 65.9635 42.1775 -0.041
3470.352 1656.636 -12.006
I'2 0.997 0.994 1
(2) (2) (1)
I .(1) Y=A e"((1nX-9)"2/C)
Eq.(2) Y=Ab"((X-81"2/C)
100- 6.53 in/hr i10- 4.15
2 - 2.46 in/hr W(- 2.58
... ... .....
CiA
O100- 1.71 cts
O10 0.91 cfs
O 2 = 0.45 c1s
IS
,2OJECTSummit Peaks
BASIN: B2 and 81
Developed
To Proposed Culvert
--INPUT--- I<— --- OUTPUT— -_--
I RUNOFF
Surface Area I Area COEFF.
— Pe (acres) I O6) 2 5 10 100
Total 14.53 I
t rd Surf 0.42 I 2.89 0.87 0.87 0.88 0.89
Lass 13.88 95.53 0.05 0.1 0.2 0.4
3ravel 0.00 0.00 0.15 0.25 0.35 0.85
of 0.231 1.58 0.8 0.85 0.9 0.9
0.001 0.00 0.87 0.88 0.9 0.93
-. --- WEIGHTED 0.09 0.13 0.23 0.42
Totals 14.53 100
c=== =n =c== ==n v==
- 3TORIC RUNOFF COEFF:
C100= 0.4
:CVELOPED BASIN
• TIAL TRAVEL DISTANCE(<400')= 100
STREET TRAVEL DISTANCE = 890
SLOPE = 2.5 %
______
1.8(1.1-05)(L)".5
-. ..al Tc=e=------- ----- 12.81 min
(S)".3333
:ueel Tc =(L1180)+10 = 14.94 min
TAL TIME OF CONCENTRATION = 27.75 MIN
'180+10 TIME = 15.50 MIN
TIME OF CONCENTRATION AS = 15.50 MIN
=========s======a=a=a==s =___ _
St squares regression of the 2 and 100 year event
.r- as follows;
ff 2 Year 10 Year 100 Year
A 1.1028 2.5018 11.5343
85.9835 42.1775 -0.041
C 3470.352 1658.638 -12.006
tP
.42 0.997 0.994 1
(2) (2) (1)
I I.(1) vanimx-E9^2./c)
Eq.(2) Y=A•e"((X-B)"2/C)
1100= 8.07 Whr 110= 3.84
2 = 2.29 Whr LnX= 2.74
============--= ___=====o=====v= =acv======ac
=CiA
Q100= 37.20 cfs
O10 = 12.87 ds
Q2 = 2.85 efs
=== ===min==___=mi_.__ _____________________=====s==
ii
PROJECTSummit Peaks
11SIN: 01,82,B3 and B5
Developed
-INPUT I<--- ------- OUTPUT
RUNOFF
dace Area I Area COEFF.
'.,pe (acres) I (%) 2 5 10 100
1 tat 15.79 I
',ard Surf 0.10 I 0.63 0.87 0.87 0.88 0.89
3rass 15.39 I 97.47 0.05 0.1 0.2 0.4
wel I 0.00 0.15 0.25 0.35 0.65
.woof 0.301 1.90 0.8 0.85 0.9 0.9
I 0.00 0.87 0.88 0.9 0.93
WEIGHTED 0.07 0.12 0.22 0.41
als 15.79 100
-IISTORIC RUNOFF COEFF:
C100= 0.4
)5V ELOPED BASIN
VITIAL TRAVEL DISTANCE(c 400')- 350
r-9EET TRAVEL DISTANCE = 1540
SLOPE = 1 %
1.8(1.1-05)(L)^.5
iitial Tc=c a 33.03 min
(S)^.3333
&set Tc =(L/180)+10 18.58 min
OTAL TIME OF CONCENTRATION - 51.59 MIN
30+10 TIME - 20.50 MIN
.SE TIME OF CONCENTRATION AS = 20.50 MIN
..............................=a—a=
east squares regression of the 2 and 100 year event
re as follows:
oat( 2 Year 10 Year 100 Year
1.1028 2.5018 11.5343
B 65.9835 42.1775 -0.041
C 3470.352 1658.636 -12.006
rA2 0.997 0.994 1
(2) (2) (1)
1•(1) V=A'e"((LnX-B)^2/C)
Eq.(2) V=A*e^((X-8)^2/C)
100. 5.30 in/hr i10. 3.32
.2 = 2.00 in/hr LnX- 3.02
1=. .....=.....................n.........................
CiA
O100. 34.51 cfs
O10 . 11.40 cfs
O2 - 2.19 cfs
1,
0 n t e P se t u on ,
E x h p bit
J
. ! t i \
I
\ \\ \ / /
\ \' \
\ ;i
,
1 I
I I1 i ;
i 1 i
\ .
iii i
I
I
SUMMIT PEAKS
DITCH CAW.
n 0.039
Slope 0,01
Bottom width 3 Class A veg.
Side slopes 3 :1 n ask from HEC-15
Increment 0.05 foot 10.69 -0.78648
Depth Area Pw R a V Top %PR Shear
1.298 8.93 8.73 1.02 34.52 3.87 10.778 3.95 0.81
1.348 9.47 9.04 1.05 37.24 3.93 11.076 4.12 0.84
1.396 10.03 9.38 1.07 40.04 3.99 11.376 4.28 0.87
n 0.039
Slope 0.01
Bottom width 3 Class C veg.Side slopes 3 :1
Increment 0.05 foot -0.78648
Depth Area Pw R 0 V Top V'R Shear
1.296 8.93 8.73 1.02 34.52 3.87 10.776 3.95 0.81
1.348 9.47 9.04 1.05 37.24 3.93 11.076 4.12 0.84
1.396 10.03 9.36 1.07 40.06 3.99 11.376 4.28 0.87
1.448 10.61 9.68 1.10 42.99 4.05 11.676 4.44 0.90
1.496 11.20 10.01 1.12 48.03 4.11 11.976_ 4.80 0.93
1.548 11.81 10.34 1.14 49.17 4.16 12.276 4.75 0.96
1.596 12.43 10.68 1.16 52.43 4.22 12.576 4.91 1.00
1.648 13.07 11.02 1.19 55.80 4.27 12.878 5.06 1.03
1.696 13.72 11.37 1.21 59.27 4.32 13.176 5.21 1.06
1.748 14.38 11.72 1.23 82.88 4.37 13.476 5.38 1.09
1.798 15.06 12.08 1.25 68.56 4.42 13.776 5.51 1.12
1.848 15.76 12.44 1.27 70.37 4.48 14.078 5.88 1.15
1.896 16.47 12.81 1.29 74.30 4.51 14.376 5.80 1.18
1.948 17.20 13.18 1.31 78.33 4.55 14.878 5.94 1.21
1.996 17.94 13.55 1.32 82.49 4.60 14.978 8.09 1.25
2.048 18.70 13.93 1.34 86.75 4.64 15.276 6.23 1.28
21
SUMMIT PEAKS Culvert Crossing
===== ===== •s======aa=====a====aaaaa====a==a=te
CIRCULAR CULVERTS
Enter in the
Following Data:
Invert out = 0.00
Invert in a 0.40
Head water elev= 2.75 to.head= 2.35
Tail Water elev= 1.30 H= 1.45
Dlam.of Pipe = 24 inches= 2.00
Mannings n a 0.013
Length of Pipe = 70 feet
Entrance Loss(Ke)= 0.8
Number of Culverts= 2
OUTPUT—
Area of Culvert = 3.142 ft"2
Wetted Perimfer a 6.283 feet
Hydraulic Radius= 0.500 feet
RM.333 a 0.397
29 n"2 L = 0.343 350
V"2/20 = 0.546 9.114583
Velocity = 5.928
--> Flow in one pipe= 18.62 ds = 37.25 37.2 Actual
Slope of Pipe = 0.57 Percent
29*n"2"L
R"1.33
ZZ
<i DESIGN OF CHANNELS FOR UNIFORM FLO^- 183 r
is
.2
Is
0 — +
/
.6 — 1
II
.a --..... VPICI
ALDO
. `•� I.
lN c +,
\- /sank rA11 /rANo vs 1,,3/4, I
.a— MN11A g ma mama •Z T
— 01aMANe 011020p106,IrALW1 \ Saft Lp1 m nt A J} J�! i
.a— Lir rIION LA MCOI.W1EVr,AYELFMQ1111P / M
AS
,
el I
.04 =MOE MOO ,•
4•02 ON
1
voe OINKt GIELN,AVE.LIMN r fr
g, lea 1
IIII
LbNIT1 I Ie'
I laitall: C.:S.Sr i
dz.1 .2 a .♦ ./ .1 ./ 1 I I
2 3 • s- ♦ OW 20 m
VR
(c) Curves for C or moderate vegetal retardanee.
a
.3 . ,
w
.a
K z�A was
MEN.AYE.LENGTH ta'
A. ---;,•..'., . .L0 GRASS
��+\ MEN.LEMON a=r
E �\ •ti 1I
____ .Yf,p` I
•
Ns
01 \ • 1
.04 -mownIIRAWIEDL,r ,1$n01 �. ...` AVF.R�A MI
WU mown MAY,NEOTM.iTAL1AN \\\\\LL..�.
!VENOM. CMNM LEYEOErA '�•. .��
,y_LUSTS C.a. I ) I,E/rEaEZA SIAM
.ca
mull'
an ro r itama .`.� El
Iii I ''-- R
.1 .2 .3 .♦ a s .1 1 2 3 • 61 E q
m m
VR
(d) Curves for D or low vegetal retardanee, and an average curve for E or very low
vegetal retardance.
no. 7-14 (Continued).
ZS
APPENDIX 0
Soils Report
•
19
•
Terracon
I 1
PAVEMENT THICKNESS DESIGN
AND
PRELIMINARY GEOTECHNICAL ENGINEERING REPORT
SUMMIT PEAKS SUBDIVISION
NORTHEAST CORNER OF WELD COUNTY ROADS 1 AND 34
WELD COUNTY,COLORADO
PROJECT NO.22985035
March 23,1998
Prepared for:
Green Acres Enterprises
1843 Eisenhower Drive
Louisville,Colorado 80027
Attn: Mr.Larry Kaylor
Prepared by:
Terracon
Longmont,Colorado
llerracon
1rerracon
CONSULTANTS WESTERN.INC.
PO.Box 1135.1242 eramwado Place
March 23, 1998 Longmont Colorado 80502
I303)776-3921 Fax 1303)776.4041
Mr.Larry Kaylor
Green Acres Enterprises
1843 Eisenhower Drive
Louisville,Colorado 80027
Re: Pavement Thickness Design and Preliminary Geotechnical Engineering Report
Summit Peaks Subdivision
Northeast Corner of Weld County Roads 1 and 34
Weld County,Colorado
Project No.22985035
Terracon has completed a design level pavement evaluation and a preliminary geotechnical
engineering exploration for the proposed Summit Peaks Subdivision to be located at the
northeast corner of Weld County Roads 1 and 34, west of the Town of Mead, Colorado. This
study was performed in general accordance with our proposal number G2298010 dated
February 25, 1998.
The results of our preliminary engineering study, including the boring location diagram, test
bonng records and laboratory test results for the project are attached. The accompanying
geotechnical report presents our findings and preliminary recommendations concerning potential
site development constraints, general earthwork, alternative foundation systems, floor slab and
septic system construction for the proposed residential development. In addition,
recommendations for the design and construction of low volume residential pavements are
included. Further details are provided in this report.
We appreciate the opportunity to be of service to you on this phase of your project. If you have
any questions concerning this report, or if we may be of further service to you, please do not
hesitate to contact us.
Sincerely,
TERRACO
Pre fed fer""1",,,-
pa Y: �p(;U nfS%4,r Reviewed by.
�0e. a8•illeit�
c�•'vi Yoto .' .•
,a
Eric S. Willis P.E. 9s X41 °8 Edward J. P as, P.E. �stew-
Eric
Senior Project Engineer •; s�a�.aa.aa-�i! Principal . p W
#.q; 1577C
Copies to: Addressee(3) N>7i,y8 w8t•E
•
Omega oI The Temscon Companies.Inc. OealaciNes.Environmental and Mewsb Engineen
Arizona ■ Arkansas ■ Cdwado ■ Idaho M Illinois ■ lowe ■ Kansas • Mnroeda • Mucha
Manama M NBIXaama a prams ■ New Mexico ■ Oklalldna ■ Tennessee a Texas ■ Utah ■ Wisconsin ■ Wyoming
QUALITY ENOWEEmNO SINCE 1815 .
Terracon
TABLE OF CONTENTS
Page No.
Letter of Transmittal ii
INTRODUCTION 1
PROPOSED CONSTRUCTION 2
SITE EXPLORATION 2
Field Exploration 2
Laboratory Testing 3
SITE CONDITIONS 3
SUBSURFACE CONDITIONS 4
Geology 4
Soil and Bedrock Conditions 4
Field and Laboratory Test Results 5
Groundwater Conditions 5
SITE DEVELOPMENT AND GEOTECHNICAL CONSIDERATIONS 8
General Site Grading Recommendations 7
Excavation/Utility Construction 7
Foundation Construction 9
Basement Construction 10
Slab-on-Grade Construction 10
Pavement Design and Construction 11
Septic System Construction 13
Concrete 13
GENERAL COMMENTS 14
APPENDIX A
Site Plan and Boring Location Diagram
Logs of Borings
APPENDIX B
Laboratory Test Results
APPENDIX C
General Notes
1
Terracon
PAVEMENT THICKNESS DESIGN
AND
PRELIMINARY GEOTECHNICAL ENGINEERING REPORT
SUMMIT PEAKS SUBDIVISION
NORTHEAST CORNER OF WELD COUNTY ROADS 1 AND 34
WELD COUNTY,COLORADO
PROJECT NO.22986036
March 23,1998
INTRODUCTION
This report contains the results of our preliminary geotechnical engineering exploration for the
proposed Summit Peaks Subdivision to be located at the northeast corner of Weld County
Roads 1 and 34,west of the Town of Mead,Colorado.The site is located in the Southwest 1/4 of
Section 7, Township 3 North, Range 68 West of the 6th Principal Meridian in Weld County,
Colorado.
The purpose of these services is to provide information and geotechnical engineering
recommendations relative to:
• subsurface soil and bedrock conditions
• groundwater conditions
• general earthwork considerations
• excavation/utility construction
• foundation construction
• basement construction
• floor slab construction
• septic system construction
• pavement design and construction
The conclusions and recommendations contained in this report are based upon the results of
field and laboratory testing, engineering analyses, and experience with similar soil conditions,
structures and our understanding of the proposed project.The preliminary recommendations
presented in this report are intended for planning purposes. A design level geotechnical
exploration will be required on each building site in order to design and construct foundations,
floor slabs and individual sewage disposal systems.
1
Geotechnkal Engineering Exploration Terracon
Green Acres Enterprises
Project No.22985035 '
PROPOSED CONSTRUCTION
We understand that the site includes approximately 80 acres and will be developed for the
construction of 12 single-family residences. Lot sizes will vary from about two and one-half
(2'h) to 22 acres. We anticipate that the residences will be single to two-story, wood frame
structures with partial or full-depth basements if feasible. Approximately 1.500 linear feet of
paved streets will be constructed to provide access to the residences. Other site development
considerations will include the design and construction of individual sewage disposal systems in
accordance with Weld County regulations. Site grading plans were not available at the time of
this report; however,we anticipate that some sitework will be required for surface drainage and
other development considerations.
SITE EXPLORATION
The scope of the services performed for this project included site reconnaissance by a
geotechnical engineer, a subsurface exploration program, laboratory testing and engineering
analysis.
Field Exploration
A total of seven(7) test borings were drilled on March 5, 1998 to depths of about five(5) to 20
feet at the approximate locations shown on the Site Plan, Figure 1. Three (3) borings were
drilled within the footprint of selected building lots, and four(4)borings were drilled in the area of
proposed pavements. In addition. a shallow test hole was drilled adjacent to each lot boring for
preliminary percolation testing. All borings were advanced with a truck-mounted drilling rig,
utilizing 4 or 6-inch diameter solid stem auger. The borings were located in the field by
measurements with a surveying wheel using property boundaries and/or existing site features as
a reference. Elevations were taken at each boring location by interpolation from contours
indicated on the site plan provided by Swift and Associates. The accuracy of boring locations
and elevations should only be assumed to the level implied by the methods used.
Continuous lithologic logs of each boring were recorded by the geotechnical engineerduring the
drilling operations. At selected intervals, samples of the subsurface materials were taken by
driving split-spoon and California barrel samplers. Penetration resistance measurements were
obtained by driving the split-spoon or California barrel into the subsurface materials with a 140-
pound hammer falling 30 inches. The penetration resistance value is a useful index to the
consistency, relative density or hardness of the materials encountered. In addition,groundwater
measurements were made in each boring at the time of site exploration, and one (1)day after
drilling.
2
Geotschnlcal Engineering Exploration
Green Acres Enterprises Terracon
Project No.22965035
Laboratory Testing
Samples retrieved during the field exploration were returned to the laboratory for observation by
the project geotechnical engineer, and were visually or-manually classified in accordance with
the Unified Soil Class cation System described in Appendix C. Samples of bedrock were
classified in accordance with the general notes for Bedrock Classification. At that time, the field
descriptions were confirmed or modified as necessary and an applicable laboratory testing
program was formulated to determine engineering properties of the subsurface materials.
Boring logs were prepared and are presented in Appendix A.
Selected soil and bedrock samples were tested for the following engineering properties:
• Water content • Grain size
• Dry density Plasticity Index
• Swell-consolidation • R-Value
• Unconfined Compressive strength • Water soluble sulfate content
Laboratory test results are presented in Appendix B. and were used for the geotechnical
engineering analyses, and the development of foundation and earthwork recommendations_
Laboratorytests were performed in general accordance with the applicable ASTM, local or other
accepted standards.
SITE CONDITIONS
The project site is currently vacant and is located at the northeast corner of Weld County Road 1
and Weld County Road 34,west of the Town of Mead, Colorado. Several prominent features are
located adjacent to the property. These include a small power/sub-station located near the
northwest corner of the site and a Longs Peak water storage tank located on the southeast
corner of Weld County Roads 1 and 34. In addition, a feed lot was noted to the northeast of the
property. The ground surface at the site is somewhat uneven with a general slope down toward
the east and southeast. Review of topographic maps provided indicates a maximum difference
in elevation of about 56 feet across the property. Surface slopes are estimated to vary from less
than one-half (''A) percent to about four (4) percent. Surface vegetation, where present
consisted of a moderate growth of native weeds and pasture grasses.
3
•
•
Geotechnical Engineering Exploration Terracon
Green Acres Enterprises
Project No.22965035
SUBSURFACE CONDITIONS
Geology
The project area is located within the Colorado Piedmont section of the Great Plains
physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early
Quatemary time (approximately 2,000,000 years ago), is a broad, erosional trench which
separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies along
the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods
(approximately 70,000,000 years ago), intense tectonic activity occurred,causing the uplifting of
the Front Range and associated downwarping of the Denver Basin to the east. Relatively flat
uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in
this region. Bedrock underlying the surface units consists of the Upper Pierre Shale formation of
Upper Cretaceous age. The bedrock underlies most of the site at depths ranging from about 6
to 18 feet below the surface. The bedrock is overlain by layers of residual and/or windblown
clays and sands.
Due to the relatively flat nature of the site, geologic hazards at the site are anticipated to be low.
Seismic activity in the area is anticipated to be low;and from a structural standpoint,the property
should be relatively stable. With proper site grading around proposed structures, erosional
problems at the site should be minor.
Mapping completed by the Colorado Geological Survey ('Hart, 1972), indicates the site in an
area of"Moderate Swell Potential". However,site specific and preliminary swell testing indicates
that the clays typically have low swell potential (with the exception of one sample tested from
Boring 2 which exhibited moderate swell potential) while the bedrock is non-expansive or has
only low swell potential. Potentially expansive materials mapped in this area include bedrock,
weathered bedrock and colluvium(surficial units).
Soil and Bedrock Conditions
As presented on the Logs of Boring, a thin mantle of soil with light vegetation and root growth
was found at the surface in our borings. In general,five (5)to 18 feet of lean clays with varying
amounts of sand and some scattered gravel was encountered below the surface layer and
'Hart Stephen S.. 1972. PotentM'y Snaky Sea and Rock In the Front Rang* Uieen Condor, Colorado,
Colorado Geological Survey,Environmental Geology No.7.
4 •
Geotechnical Engineering Exploration Terracon
Green Acres Enterprises
Project No.22985035
extended to the depths explored or to the underlying bedrock. Sedimentary bedrock was
encountered below the overburden days in Test Borings 1, 2, 3,4 and Bat depths ranging from
about six(6)to 18 feet below the ground surface. The bedrock consisted primarily of siltstones
and sandstones; however, borings 3 and 4 encountered sandstone with some claystone
interbeds.Please refer to the Logs of Boring for more comprehensive strata descriptions.
Field and Laboratory Test Results
Field penetration test results indicate that the clay soils vary from medium stiff to very stiff, with
most of the clays being stiff to very stiff in consistency. Swell-consolidation or unrestrained"free
swell" tests indicate that the clays typically have low swell potential when wetted. However,
Boring 2 encountered moderate swelling clays to a depth of at least five (5) to eight (8) feet
below the ground surface. The dry density of the clays varied between 91 to 113 pcf at moisture
contents ranging from 9 to 17 percent. Unconfined compressive strength of clay samples tested
varied from 4,300 to 21,960 psf. The bedrock penetrated in our borings is very hard. Auger
refusal with a conventional drill rig was encountered in Borings 2 and 4 at depths ranging from
about 7%to 15 feet below the surface. Swell consolidation tests and other physical properties
indicate that the sandstone bedrock is non-expansive; however, the sandstone/claystone
bedrock exhibits at least low swell potential when wetted.
Subsurface conditions and preliminary percolation tests conducted next to our Borings 1, 2 and
3 are summarized as follows:
Percolation Test Results
Test Depth Soil Percolation Rate Depth to Depth to
Hole (inches) Classification (minutesnnch) Groundwater 01) Bedrock(R)
P-1 30 -CL 10 18 6
P-2 30 CL 35 >15 12
P-3 30 CL 120 >17 16
Field percolation test results indicate the soils tested have variable percolation characteristics. In
general,the preliminary percolation tests indicate good to poor percolation.
Groundwater Conditions
Groundwater was not observed in any test boring at the time of the field exploration. However,
when checked one(1)day after drilling, groundwater was measured at a depth of about 18 and
7 feet, in Test Borings 1 and 6, respectively. The other borings remained dry at this time to
depths of at least 5 to 17 feet below the surface. These observations represent only current,
5
Geotechnical Engineering Exploration Terracon
Green Acres Enterprises
Project No.22985035
short-term groundwater conditions, and may not be indicative of other times, or at other
locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather
conditions. Fluctuations in groundwater levels can best be determined by implementation of a
groundwater monitoring plan. Such a plan would include installation of groundwater monitoring
wells,and periodic measurement of groundwater levels over a sufficient period of time.
In addition, zones of perched and/or trapped groundwater may also occur at times in the
subsurface soils overlying bedrock, on top of the bedrock surface or within permeable fractures
in the bedrock materials. The location and amount of perched water is dependent upon several
factors, including hydrologic conditions. type of site development, irrigation demands on or
adjacent to the site,fluctuations in water features, and seasonal and weather conditions.
Based upon review of U.S. Geological Survey Maps ?Hillier, et al, 1983), regional groundwater
beneath the project area predominates in colluvial or windblown materials, or in fractured
weathered consolidated sedimentary bedrock located at a depth near ground surface. Seasonal
variations in groundwater conditions are expected since the aquifer materials may not be
perennially saturated. Groundwater is generally encountered at depths ranging from 5 to 20 feet
below ground surface;depth to seasonal groundwater is generally 10 feet or less.
SITE DEVELOPMENT AND GEOTECHNICAL CONSIDERATIONS
Based upon the geotechnical conditions encountered in our test borings, the site appears
suitable for the proposed construction. We believe that the primary geotechnical condition which
will impact residential construction is the presence of low to moderate swelling clays. Another
geotechnical concern includes the presence of layers of very hard, well cemented sandstone
which may require blasting to advance excavations which extend into the sandstone bedrock.
These concerns and other site development considerations are briefly discussed in the
following sections.
General Site Grading Recommendations
The ground surface in the area of proposed fill placement or pavement construction should be
stripped of vegetation and organic matter. This material should be wasted from the site or
stockpiled and used to revegetate landscape areas or exposed slopes after completion of site
work. For permanent slopes in compacted fill or cut areas we recommend slopes of 3:1
(horizontal to vertical), or less to reduce erosion and maintenance problems. If steeper slopes
are required for site development. stability analyses should be completed to design the grading
2Hillier, Donald E.: Schneider. Paul A.. Jr.; and Hutchinson, E. Carter, 1983, Depth to Wets Table(1979)he the
BaWdenFort Coins-Greeley Am,Front Rang*Urban ConMv.Corondo,United States Geological Survey,Map I-855.1.
8
Geotechnleal Engineering Exploration rerracon
Green Acres Enterprises
Project No.22985035
plan. The subgrade beneath proposed fill and pavement areas should be scarified, moisture
conditioned within 2 percent of optimum moisture content and compacted to at least 95 percent
of the standard Proctor maximum dry density(ASTM D 698).
The on site soils or approved low swelling import materials can be used for fill and/or backfill on
the site. The properties of the fill will affect the performance of foundations, slabs-on-grade
and pavements. The fill should be placed in thin, loose lifts and compacted. Spreading and
"wind-rowing" of wet soils or moisture addition and uniform mixing of dry soils will be
necessary to bring the sails into working moisture ranges and will be important. We
recommend fill placed at the site be moisture conditioned within 2 percent of optimum moisture
content and compacted to at least 95 percent of the standard Proctor maximum dry density
(ASTM D 698).Sloping areas steeper than 5:1 (horizontal:vertical)which will receive fill should
be benched to reduce the potential for slippage between existing slopes and fills.Fill should
not contain frozen material and it should not be placed on a frozen subgrade. Placement and
compaction of fill should be observed and tested by the geotechnical engineer to verify that the
specified moisture and compaction requirements have been achieved.
Excavation/Utility Construction
Excavations into the on-site soils/bedrock will encounter a variety of conditions. Excavations into
the clays and bedrock can be expected to stand on relatively steep temporary slopes during
construction. However, caving soils or perched groundwater may also be encountered which
may require flatter slope inclinations. We believe that the upper clay soils can be excavated
with conventional excavation equipment or backhoes. Some of our borings encountered
layers of very hard,well cemented sandstone which may require the use of specialized heavy-
duty equipment, together with drilling and blasting to advance the excavation.The individual
contractor(s) should be made responsible for designing and constructing stable, temporary
excavations as required to maintain stability of both the excavation sides and bottom. All
excavations should be sloped or shored in the interest of safety following local, and federal
regulations, including current OSHA excavation and trench safety standards. As a safety
measure, it is recommended that all vehicles and soil piles be kept to a minimum lateral distance
from the crest of the slope equal to no less than the slope height.
Based on the subsurface conditions encountered in our test borings it does not appear that
temporary dewatering will be required during placement of utilities and during backfilling
operations. All piping should be adequately bedded for proper load distribution and to prevent
damage during compaction operations. Backfill should consist of the on-site soils or existing
bedrock. If bedrock is used, all plus 6-inch material should be removed from it prior to its use.
Utility trench backfill should be moisture conditioned at or near optimum moisture content and
7
Geotechnical Engineering Exploration Terracon
Green Acres Enterprises
Project No.22955035
should be compacted to at least 95 percent of the standard Proctor maximum dry density
(ASTM D698).
The soils to be penetrated by the proposed excavations may vary significantly across the site.
The preliminary soil classifications are based solely on the materials encountered in widely
spaced exploratory test borings. The contractor should verify that similar conditions exist
throughout the proposed area of excavation. If different subsurface conditions are encountered
at the time of construction, we recommend that we be contacted immediately to evaluate the
conditions encountered.
Foundation Construction
Foundation selection will be dependent upon the type of construction planned, site specific
geotechnical conditions and final site grading configurations. Preliminary data from this
exploration indicates that the clay soils found in our test borings have moderate load bearing
capability and typically exhibit low swell potential when wetted. However, Boring 2 encountered
moderate swelling clays to a depth of at least five(5) to eight(8)feet below the ground surface.
In addition, we feel that the sandstone bedrock is non-expansive or has only very low swell
potential. The sandstone/claystane bedrock encountered in Boring 4 exhibits low to moderate
swell potential when wetted.
For non-expansive or low swelling soil or bedrock conditions, the use of conventional spread
footings are considered appropriate for support of residential structures. Spread footings may be
preliminarily designed using a maximum soil bearing pressure in the range of 2,000 to 3,000
pounds per square foot(psf). Depending upon site specific swell potential, footings may need to
be sized to maintain a minimum dead-load pressure on the soil to resist swell. We anticipate
minimum dead load requirements for footings bearing on the low swelling clays or bedrock will
range from 500 to 1,000 psf. Based upon our preliminary data, it appears that most of the
residential structures on the site could be supported by spread footing foundations.
As mentioned previously, moderate swelling clay was encountered in Boring 2 and extended
to depths of.at least five (5) to eight (8) feet below the ground surface. In addition,
low/moderate swelling bedrock was encountered in Test Boring 4. For these conditions,
grade beams and straight shaft piers (caissons) drilled into bedrock offer the most positive
foundation solution for support of the proposed residence. Minimum shaft lengths on the order
of 15 feet with minimum bedrock penetrations of at least 5 feet should be expected for
swelling areas of the site. Based on the subsurface conditions, it appears that pier drilling
should be possible with conventional drilling equipment on most of the site and that temporary
casing of the drill holes will probably not be required. The very hard, well cemented
sandstone layers may require the use of a core barrel and a large drill rig to penetrate these
8
Geoteehnkrd Engineering Exploration Terracon
Green Acres Enterprises
Project No.22995039
lenses. Where site specific geotechnical investigations indicate that moderate swelling clays
extend to only shallow depths and are underlain by low swelling materials, it may be possible
to extend upper level excavations below the expansive layer in order to support the residence
on spread footing foundations. This alternative may be feasible in the area of Test Boring 2.
A more detailed, site specific geotechnical exploration will be necessary for each building lot in
order to develop specific foundation,floor slab and septic system construction recommendations
once final building locations and type of construction have been established.
Basement Construction
Groundwater was not observed in any test boring at the time of the field exploration. However,
when checked one(1)day after drilling, groundwater was measured at a depth of about 18 and
7 feet. in Test Borings 1 and 6, respectively. The other borings remained dry at this time to
depths of at least 5 to 17 feet below the surface. In addition,perched groundwater, where not
already present, may occur at times since the subsurface soils are relatively impermeable and
tend to trap water. Foundation drains will be necessary around all basement areas. Where
groundwater is encountered within three (3) feet of lower level floors, the drain system should,
at a minimum include an underslab gravel layer sloped to an interior perimeter drain. Where
groundwater is at least three (3) feet below the lower level floors, an exterior drain bedded in
free draining gravel should be sufficient. Site specific perimeter drainage system details can be
provided following supplemental geotechnical exploration.
Slab-on-Grade Construction
Preliminary data from this investigation indicates that subsoils at the site generally consist of
either non-expansive to low swelling clays or bedrock. The use of slab-on-grade floors for non-
expansive or low swelling materials is generally considered appropriate. However, the
builder/owner should recognize that concrete slabs constructed on low swelling materials could
heave and crack to some degree if the underlying soils become wetted. If no movement of floor
slabs can be tolerated,the use of a structural floor with a void beneath should be considered.
As discussed previously, moderate swelling clays were found in Boring 2 to depths of at least
five(5)to eight(8)feet below the ground surface and low/moderate swelling bedrock was found
in Boring 4. To our knowledge, the only reliable solution to eliminate floor heave, cracking and
possible structural damage where moderate or higher swelling materials are present is the use
of structural floors supported independent of the subgrade soils. We recommend the use of a
structural floor with a void beneath it for finished basement areas where moderate or higher
swelling soils/bedrock are encountered at or near the level of the floor. The builder/owner may
elect to use slab-on-grade construction for unfinished basements where moderate or lower
9
Geotechnical Engineering Exploration Terracon
Green Acres Enterprises
Project No.22985035
swelling materials are present provided they recognize and are willing to assume the risk that
slab performance may not be reasonable in some instances.Swell potential should be more
thoroughly defined on each lot during design level geotechnical explorations.
Pavement Design and Construction
Results of gradation and plasticity tests on the samples tested indicate that the subgrade soils
classify as A-7-6 according to the AASHTO classification system. AASHTO group indices of
these subgrade soils ranges from 21 to 24. These subgrade soils have a "CL"classification in
accordance with USCS methods. A representative subgrade sample was selected for R-value
testing. Laboratory test results indicate an R-value of 11 for the A-7-6 subgrade soils. R-value
and soil classification test results indicate that the subgrade soils at the site generally have poor
pavement support characteristics.
Design of pavements for the project have been based on the procedures outlined in the 1986
Guideline for Design of Pavement Structures by the American Association of State Highway and
Transportation Officials(AASHTO).Traffic criteria used for pavement thickness designs include
an equivalent 18-kip single axle load(ESAL's) per day of 15 for local residential streets. For our
pavement design we have used the minimum criteria as set forth in the Town of Mead
Standards, Section 2-Roadway Structural Pavement Design.
For flexible pavement design, a terminal serviceability index of 2.0 was utilized along with a
design life of 20 years. Using a design R-value of 11 for the on-site soils appropriate ESAUday,
environmental criteria and other factors, the structural numbers (SN) of the pavement sections
were determined on the basis of the 1986 AASHTO design equation.
Recommended alternatives for flexible pavements are summarized as follows:
Recommended Pavement Thickness Micheal
Traffic Area Alternative Asphalt Aggregate Base PtanFWxsd Total
Concrete Coupe Bituminous
Surface Base
Local A 51/2 5/
Residential 8 2 4% 61/2
Streets C 3 8 11
•
The pavement sections presented herein are based, in part, on design parameters selected by
Terracon based on experience with similar projects and soils conditions. Design parameters
such as design life, terminal serviceability index, inherent reliability and design traffic numbers
may vary with specific project requirements. Variation of these parameters may change the
thickness of the pavement sections presented, Terracon is prepared to discuss the details of
10
Gsotechnlcal Engineering Exploration Terracon
Green Acres Enterprises
Project No.22985035
these parameters and their effects on pavement design and reevaluate pavement design as
appropriate.
Aggregate base course(if used on the site)should consist of a blend of sand and gravel which
meets strict specifications for quality and gradation. Use of materials meeting Colorado
Department of Transportation (COOT) Class 5 or 6 specifications is recommended for base
course.Aggregate base course should be placed in lifts not exceeding six inches and should be
compacted to at least 95%of the standard Proctor maximum dry density(ASTM D698).
Asphalt concrete and/or plant-mixed bituminous base course should be composed of a mixture
of aggregate,filler and additives,if required,and approved bituminous material. The bituminous
base and/or asphalt concrete should conform to approved mix designs stating the Marshall or
Hveem properties, optimum asphalt content, job mix formula and recommended mixing and
placing temperatures. Aggregate used in plant-mixed bituminous base course and/or asphalt
concrete should meet particular gradations. Material meeting Colorado Department of
Transportation Grading C or CX specification is recommended for asphalt concrete. Aggregate
meeting Colorado Department of Transportation Grading G or C specifications is recommended
for plant-mixed bituminous base course. Mix designs should be submitted prior to construction
to verify their adequacy. Asphalt material should be placed in maximum 3-inch lifts and should
be compacted to a minimum of 95%Marshall or Hveem density(ASTM D1559)(ASTM O1560).
The performance of all pavements can be enhanced by minimizing excess moisture which can
reach the subgrade soils. The following recommendations should be considered at minimum:
• Site grading at a minimum 2%grade away from the pavements;
• Compaction of any utility trenches for landscaped areas to the same criteria as
the pavement subgrade;
• Sealing all landscaped areas in or adjacent to pavements to minimize or prevent
moisture migration to subgrade soils:
• Placing compacted backfill against the exterior side of curb and gutter;and,
• Placing curb, gutter and/or sidewalk directly on subgrade soils without the use
of base course materials.
•
Septic System Construction
Subsurface conditions encountered in our Borings 1,2 and 3 generally consisted of 6 to 18 feet
of lean clays with varying amounts of sand overlying sedimentary bedrock. No groundwater was
encountered in these borings to depths of at least 11 feet. Preliminary field data indicates
11
Geotechnical Engineering Exploration
Green Acres Enterprises Terracon
Project No.225/5035
percolation rates ranging from about 10 to 120 minutes per inch (mpi). These values suggest
that the on site soils have variable percolation characteristics.
Weld County and/or State regulations for individual sewage disposal systems require that the
following criteria, at a minimum, must be met in order to construct standard septic system and
leach fields(soil absorption beds):
• The depth to bedrock or the maximum seasonal high ground water level must be at
least 6 feet below the ground surface in the area of the proposed septic system
construction;
• Soil percolation rates must be between 5 to 60 minutes per inch(mpi);and
• The ground surface slope must not exceed thirty percent
Preliminary field test results and data indicate that standard septic system construction may be
feasible in the area of Test Borings 1 and 2. Since the percolation rate in the area of Test Boring
3 (120 mpi) exceeds the maximum allowable percolation rate of 60-minutes per inch, it appears
that a combination soil absorption and evapo-transpiration system,which will require a design by
a registered professional engineer,will be needed in this area. Standard soil absorption beds,for
a 4 bedroom residence,will typically range in size from about 1,500 to 2,600 square feet in plan •
view, while a combination soil absorption and evapo-transpiration system (engineered system)
could range in size from about 3,000 square feet to greater than 6,000 square feet in plan view.
When final size and location of each residence has been established, design level percolation
testing, soil profile evaluation and engineering analysis will be needed on each site in order to
determine system type and design criteria. It should be noted that design.level testing may
reveal conditions significantly different from those found during our preliminary investigation.
Concrete
We measured soluble sulfate concentrations for representative samples of the subsoils which
will likely be in contact with structural concrete. The sulfate concentrations measured in the
samples varied from 0.0006 to 0.0018 percent by weight. Results of soluble sulfate testing
indicate that ASTM Type I-II Portland cement is suitable for all concrete on or below grade.
Foundation concrete should be designed in accordance with the provisions of the ACI Design
Manual,Section 318,Chapter 4.
12
. . . . . . . . .. . . . . . . . . . . . .
Geotechnical Engineering Exploration
Green Acres Enterprises Terracon
Project No.22555035
GENERAL COMMENTS
Terracon Consultants Western, Inc. should be retained to review the final design plans and
specifications so comments can be made regarding interpretation and implementation of our
geotechnical recommendations in the design and specifications. Terracon also should be
retained to provide testing and observation during excavation, grading, foundation and
construction phases of the project.
The analyses and recommendations in this report are based in part upon data obtained from the
borings performed at the indicated locations and from other information discussed in this report.
This report does not reflect variations which may occur between borings or across the site. The
nature and extent of such variations may not become evident until construction. If variations
appear, it will be necessary to reevaluate the recommendations of this report. The preliminary
recommendations presented in this report are intended for planning purposes. A design level
geotechnical exploration will be required on each building site in order to design and construct
foundations and floor slabs.
The scope of services for this project does not include either specifically or by implication any
environmental assessment of the site or identification of contaminated or hazardous materials or
conditions. If the owner is concerned about the potential for such contamination, other studies
should be undertaken.
This report has been prepared for the exclusive use of our client for specific application to the
project discussed and has been prepared in accordance with generally accepted geotechnical
engineering practices. No warranties, either express or implied, are intended or made. In the
event that changes in the nature, design or location of the project are outlined in this report. are
planned, the conclusions and recommendations contained in this report shall not be considered
valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this
report in writing.
13
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LOG OF BORING NO. TB-3 Pale t or t
OWNER/CLIENT ARCHITECT/ENGINEER
Green Acres Enterprises
SITE N.E.Corner WCIk 34 and WCR 1 PROJECT
Weld County,Colorado Summit Peaks Subdivision
SAMPLES TESTS
§ li
DESCRIPTION I a g g
to np gg
0 Approx.Surface Elev.: 5171.0 ft. c gir9 °� C 6
1.0 ZOpsoit 5177.0
• LEAN CI.LY WITH SAND,brows with _CL CB 14 12 103 12170 +1.2/I
j beige,slightly calcareous,slightly
Iporous,dry to slightly moist,stiff. 5—
6.0 5172.0
-CL CB 21 16 II) 21960 1.5/5ri
10—
0 LEAN CLAY,medium brown with beige, -
slightly moist to moist,very stiff. _
_ CB 20 I II- I S:i
IS
ILO 5160.0% 20.0 SAMISTONF/CI AYSTONF,olive-tan to 5156.0 ' 4 I I
'rusty brown,slightly moire,very hard. r- 20
BOTTOM OF BORING
I
I
THE ST ATBICATION IDRIS REPRESENT THE APPROXIMATE SOUNDARY LINES
ISEIWEEN SOO.AND ROCx TYPES: EMI T%THE TRAIMnION MAT SE GRADUAL
WATER LEVEL OBSERVATIONS BORING STARTED 3.54$
A/L V Dry S/SNn: Dd IT 3lQfl 1�rr�con BORING COMPLETED 3.5_ $
INL 4 RIG CINE-55 FOREMAN CYS
WI. APPROVED ESW 11011 22985035
LOG OF BORING NO. PH-4 Page t or t
OWNER/CLIENT ARCHITECT/ENGINEER
Gran Ann Enterprises
SITE N.E.Corner WCR 34 and WCR 1 PROJECT
Weld County,Colorado Summit Peaks Subdivision
SAMPLES TESTS
DESCRIPTION g 1 S; 0 ,t
52
w di
uuuuyyy(''' le
e 0 Approx.Surface Elev.: 5201.0 ft. o z z F ik i. g g '. l e t
1.0 TOPSOIL 5700.0 as 5�
e CL
LEAELLAYMILLSAND.tan to brown,
3.0 dry to slightly moist,slightly calcareous. 5195.0
` SANDY VAN CLAY,beige,dry to _ CL CB 10 9 91 4300
slightly moist,with trace fine gravel,
'chalky',stiff. S—
_ 6.0 5195.0 .
SANI7.STONF/CI AYSTONF,olive-tan to .
-'
brown,slightly moist,very hard.
CB SO/3 +2.7/500
10.0 5191.0
BOTTOM OF BORING 10
I
I .
I
I
I
TIM STRATIFICATION LINES REKE4NT TIM APPROXDMTE BOUNDARY INKS
ISET W PIN sou.AND ROCK TYKE: starry.176 TRANSITION MAY SE GRADUAL
WATER LEVEL OBSERVATIONS BORING STARTED 34-98
WI. S Dry 3/sin Da i S'MIN 1 r�rr acon 4.
BORING COMPLETED 398
frt. s RIG CME-SS FORFT1A11 CVS
WL APPROVED ESW 10B 22985035
LOG OF BORING NO. PH-5 Page 1 of t
OWNER/CLIENT ARCHITECT/ENGINEER
Green Acne Enterprises
SITE N.E.Corner WCR34 and WCR 1 PROJECT
Weld County,Colorado Summit Peaks Subdivision
SAMPLES pQ1 TESTS
oz DESCRIPTION g
R c IR g i
I Approx.Surface Elev.: 5199.0 l i F 1r g 3 it bill! La
1.0 TOPSOIL 5198.0 -
V�� CL
/i/ I FAN CLAY,brown to tan,slightly
'/yam calcareous,dry to slightly mast,
medium stiff. S$ 6
5.0 5194.0 5_
BOTTOM OF BORING
•
SHE STRATIFICATION LAM RPIRPSPNT Tilt APPROXIMATE BOUNDARY LINES
SEMEN SOIL AND ROCK TYPES IN-SITU.TILL TRANIMON MAY 55 GRADUAL
WATER LEVEL OBSERVATIONS BORING STARTED 3.5-94
IAl Dry 3/.5,94 Dry yti. 1 brracon BORING COMPLETED 3.898
WL a RIG CMPiSS PCIVEMAN CVS
VL APPROVED ESW 10BR 22985035
LOG OF BORING NO. PH-6 Page 1 of 1
OWNER/CLIENT ARCHTIECrIENGINEER
Green Acres Enterprises
SITE N.E.Comer WCR 34 and WCR 1 PROJECT
Weld County,Colorado Summit Peaks Subdivision
SAMPLES TESTS
a
DESCRIPTION wig
ll illApprox.Surface Elev.: 5199.0 R. O z z 2 i a $g ! i 6
a
1.0 TOPSOIL 5198.0
' SANDY LEAN CLAY,tan m beige,with
trace fine gravel,dry m slightly moist, CL CB 22 0.013
'chalky',very stiff. 5.
6.5 5192.5
7.5 SANDSTONE,varies to a a 5191.5
siltstone/sandstone,olive tan to brown, CB 50/1
well cemented,slightly moist,very hard!
AUGER REFUSAL
TIM STRATIFICATION LEGS RBPRPSBNr THE ARROXMATE BOUNDARY LINES
SBIWPPN SOIL AND ROC(TYPIST IN-WWU,Ma TRANSITION MAY SR GRADUAL
WATER LEVEL OBSERVATIONS BORING STARTED 3-5-9S
Pll1. $ On LSISR Wd 7'JIedB 1 Derr acon RIO BORING COMPLETED N9s
Cb1E•55 CVS
WI. APPROVED ESW JOB 23%5065
LOG OF BORING NO. PH-7 Page 1 of
OWNER/CLIENT ARCHITECT/ENGINEER
Green Acres Enterprises
SITE N.E.Corner WCR30 and WCR 1 PROJECT
Weld County,Colorado Summit Peaks Subdivision
SAMPLES TESTS
ggqy 1. a ill
Ie�qT
DESCRIPTION
C ; 2 3
g �
Approx.Surface Elev.: 5146.0 n. 8 § I: 8 s o o
1.0 TOPSOIL 5155.0_
p
CL
LEAN cu_ 1'wmi sue,brown to no,
slightly moist to dry,slightly calcareous,
stiff. SS 12
5.0 5181.0 5
BOTTOM OF BORING _
•
MB STRATIFICATION LDBS RES58EPM THE APPROXIMATE SOUND/JD'LNES
I BETWEEN SOIL AND 5001 TYPES: WSflII.THE TMNSfi1ON MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 3.59E
i v& os,lisle s Dry NNE l err aeon RIG Po BORING COMPLETED3-5-98
CME-5S CVS
WI. APPROVED ESW JOB/ 2D91503s
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0.1 I 10 100
APPLIED PRESSURE-KIPS PER SQUARE FT
Specimen identification Clauification 1 DD MC%
• TB-1 3.0 Leon Clay(CL) I !6 . 12 .
.IPROJECmit Ponke Sarl►7ic n-N E.Corner Wj R _ JOB NO. 229$5035
T' com
34 and WCR 1 DATE 3/12/98
SWELL/CONSOLIDATION TEST
Terracon
Longmont,Colorado
•
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0.1 I 10 100
APPLIED PRESSURE-KIPS PER SQUARE FT
Siecitnen Identification 1 Classification DD MC%
• TB-2 3.0 Lean Clay with Sand(CL) 107 11
I .
PROJECT Summit Peaks Subdivision-N.E.Corner WCR JOB NO. 22985035
34 and WCR 1 DATE 3/12198
SWELL/CONSOLIDATION TEST
Terracon
Longmont,Colorado
6
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APPLIED PRESSURE•KIPS PER SQUARE FT IS imen Identification 1 Classification DD MC%
• TB-2 4.0 Lean Clay with Sand(CL) 109 11
PROJECT Summit Plead Su6diriaLon-NS_Corner WCR _ JOB NO. 22905035
34 Jukd WCR 1 DATE 3/1419S
SWELL/CONSOLIDATION TEST
Terracon
Longmont,Colorado
6 - -
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0.1 I IQ 100
APPLIED PRESSURE-KIPS PER SQUARE FT
Seecimen Identification Classification DD MC%
• TB-3 3.0 Lean Clay with Sand(CL) 105 12
PROJECT Summit Peeks Subdivision-N.E.Corner WCR JOB NO. 22915035
34 and WCR 1 DATE 3/12/98
SWELL/CONSOLIDA'T'ION TEST
Terracon
Longmont,Colorado
6 - — — - T -
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3 ,
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s
W
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L 1 �.
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o y
L I
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0.1 t 10 100
APPLIED PRESSURE-RJPS PER SQUARE FT
Specimen Identification Clatcification DD MC%
• TB-3 8.0 • Lean Cloy with Sand(CL) 113 16
PROJECT Summit Ptak&Sadiy Cnrr WCR _ JOB NO. 22985035
34 and WCR 1 DATE 3/12/93
SWFI,L/CONSOLIDATION TEST
Terracon
Longmont, Colorado
6 — -
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________T______...___L18, N..\\\___
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I I0 100
APPLIED PRESSURE-KIPS PER SQUARE FT
7
Specimen Identification I Classification J DD MC%
• TB-4 9.0 -� Sandstone/Cluystone I 127 6
1
PROJECT Summit Peaks Subdivision-N_E.Corner WCR JOB NO. 22985035
34 and WCR I DATE 3/12198
SWELL/CONSOLIDATION TEST
Terracon
Loogmoat,Colorado
6 - 1
S
4. -- _
3 '
2 - , -- _ ,
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0.1 1 10 100
APPLIED PRESSURE-KIPS PER SQUARE FT
Seecimen Identification Classification DD MC%
I TB-6 4.0 Sandy Lean Clay(CL) 100 13
•
PROJECT Stamnit Peaks Subdivision-N.E.former WCR _ JOB NO. 22985035
34 and WCR 1 DATE 3/12/98
SWELL/CONSOLIDATION TEST
Terracon
Longmont.Colorado
. _ . _ . . _ . . _ _ . . . _ . _ . _ _ . _ . _ . _ . . _ . .. .. . . . _ _ . _ . . . _ .
U.S.SIEVE OPENING IN INCHES U.S.SIEVE NUMBERS I HYDROMETER
6 4 3 2 1.3 13m 1/2 34 3 ` 6 I1416 30 60 50 70 100140 200
100
III 1 1 11 1 1 1 1 III '
SO M
E I
a 70
C
N
T60 - J'. — _, _
F
N
E 50
R
B
Y40 .
••
8
I •
030 .
H
T
20
10
•
100 10 III 0.1 0.01 0.001
GRAIN SIZE IN MILLIMETERS
COBBLES GRAVEL SAND SILT OR CLAY
coarse I fine coarse f medium I tine
Sxcimen Identification Classification MC% LL PL PI Cc Cu
• TB-4 2.0 - Lean Clay with Sand CL 46 18 28
m TB-5 3.0 Lean Clay CL 45 18 27
A TB-7 3.0 Lain Clay with Sand CL 45 17 28
S,ecimsn Identification DI00 D60 D30 DIO %Gravel %Sand %Silt I %Clay
• TB-4 2.0 4.75 0.0 21.8 78.2
T TB-S 3.0 4.75 0.0 13.8 86.2
A TB-7 3.0 4.75 0.0 21.9 78.1
PROJECT Summit Rgkv Suhdiviaion-N F Corner wen _ JOB NO. 22985035
34 and WCR 1 DATE 3/12198
GRADATION CURVES
Terracon
Longmont,Colorado
lierrecon RESISTANCE R-VALUE&EXPANSION
PRESSURE OF COMPACTED SOIL
301 North Howes Street ASTM D2844
Fort Collins,Colorado 80521
(970)484-0359 FAX(970)484-0454
CLIENT: Green Acres Enterprises
PROJECT: Summit Peak Subdivision
LOCATION: TS 5 a 1.0'to 4.0'
TERRACON NO. 22985035 CLASSIFICATION: Lean Clay(CL);A-74(24)
SAMPLE DATA TEST RESULTS
TEST SPECIMEN NO. 1 2 3
COMPACTION PRESSURE(PSI) 80 110 220
DENSITY(PCF) 99.3 101.8 111.1
MOISTURE CONTENT(%) 24.2 22.9 18.1
EXPANSION PRESSURE 0.00 0.00 0.00
HORIZONTAL PRESSURE a 160 PSI 140 133 108
SAMPLE HEIGHT(INCHES) 2.51 2.57 2.53
EXUDATION PRESSURE(PSI) 278.4 397.8 716.0
CORRECTED R-VALUE 10 16 33
UNCORRECTED R-VALUE 10 16 33
R-VALUE a 300 PSI EXUDATION PRESSURE= IMS
1
•
100
90
80
I
70
60
w
50
40
30 �
20
10
100 200 300 400 500 800 700 800
EXUDATION PRESSURE-PSI
DRILLING AND EXPLORATION
DRILLING & SAMPUNG SYMBOLS:
S5 : Split Spoon- 14k-I.D., 2'0.D., unless otherwise noted PS: Piston Sample
ST:Thin-Welled Tube-2.5"I.D., unless otherwise noted WS :Wash Sample
RB:Ring Barrel Sampler-2.42'I.D., 3"O.D.unless otherwise noted
PA : Power Auger
HA:Hand Auger RB:Rock Bit
CB:California Barrel)- 1.94" I.D., 2.5"0.D. B5:Bulk Sample
AS:Auger Sample PM : Pressure Meter
HS : Hollow Stem Auger OC : Dutch Cone
WB:Wash Bore
Penetration Test: Blows per foot of a 140 pound hammer falling 30 Inches on a 2-inch O.D.split spoon,except where noted.
WATER LEVEL MEASUREMENT SYMBOLS:
WL :Water Level WS :While Sampling
WCI :Wet Cave in WO :While Drilling
DCI: Dry Cave in BCR:Before Casing Removal
AB : After Boring ACR :After Casting Removal
Water levels indicated on the boring logs ere the levels measured in the borings at the time indicated. In pervious soils,the
indicated levels may reflect the location of groundwater. In low permeability soils,the accurate determination of groundwater
levels is not possible with only short term observations.
DESCRIPTIVE SOIL CLASSIFICATION PHYSICAL PROPERTIES OF BEDROCK
Soil Classification is based on the Unified Soil Classification DEGREE OF WEATHERING:
system and the ASTM Designations D-2487 and D-2488.
Coarse Grained Soils have more than 50% of their dry Slight Slight decomposition of parent material on
weight retained on a #200 sieve; they are described as: joints. May be color change.
boulders, cobbles, gravel or sand. Fine Grained Sails have
less than 50%of their dry weight retained on a#200 sieve: Moderate Some decomposition and color change
they are described as: clays,if they are plastic,and silts if throughout.
they are slightly plastic or non-plastic. Major constituents
may be added as modifiers and minor constituents may be High added according to the relativebock highly decomposed,may be extremely
proportions inedtl on grain broken.
size. In addition to gradation, coarse grained soils are
defined on the basis of their relative in-place density and HARDNESS AND DEGREE OF CEMENTATION:
fine grained soils on the basis of their consistency. Limestone and Dolomite:
Example: Lean clay with sand,trace gravel,stiff ICL);silty Heed Difficult to scratch with knife.
sand, trace gravel, medium dense ISMI.
Moderately Can be scratched easily with knife,
CONSISTENCY OF FINE-GRAINED SOILS Hard Cannot be scratched with fingernail.
Unconfined Com Soft Can be scratched with fingernail.
Strength. Qu,pat Consistency
Shale.SRtstone end Clwatone:
< 590 Very Soft Hard Can be scratched easily with knife, cannot
500 - 1,000 Soft be scratched with fingernail.
1,001 - 2,000 Medium
2,001 - 4.000 Stiff Moderately Can be scratched with fingernail.
4,001 - 8.000 Very Stiff Had
8,001 - 16,000 Very Hard
Soft Can be easily dented but not molded with
RELATIVE DENSITY OF COARSE-GRAINED SOILS: firs.
N-Sbwslft Relative Density
0-3 . Very Loose Sandstone and Conglomerate:
4-9 Loose Well Capable of scratching a knife blade.
10-29 Median Dense Cemented
30-49 Dense
50-80 Very Dense Cemented Can be scratched with knife.
80 F Extremely Dense
Poorly Can be broken apart easily with fingers.
Cemented
lierracon
UNIFIED SOIL CLASSIFICATION SYSTEM
Sea ClassMame*
I Crneda foe Aaal,Sng Memo Symbol.end Group Names Using Laboratory Taste"
SieveSymbol Omni Near.'
CoarmGraned Gravels more than Clean Gravels Leas Cu > 4 and I≤Cc≤]'Soils than 50%of come than 5%lines'
Weagred.d graver
Soi
150%stained on frattgn retained on
No.200 sieve Na.4 sieve Cu < 4 and/or I > Cc> 3' GP Poorly graded graver
Gravels n 1M1 %Firms FyyS classify as ML or MM
on than li%lines' Y GM SAY prmLG.H
Fines classify m CL or CM GC Claves graveNx
Sands SO%or more Clean Sande Lass Cu> 6 and 1 <Cc≤3' SW Wes-graded send'
of coarse fraction than 5%fines'
paws No.4 sieve Cu<6 and/or 1 >Cc >3' 5P Poorly graded mod'
Sands with Ants Fines clarify as MI or MH SM Silty sand."'
mm than 12%Ines'
Anse Classify as Cl.or CH SC Cl.,.,mods.°
I Fine-Grained Sods Silts and Clay bwrgenic M> 7 and plots on or above'A line CL Lean clays•'
50%or more Liquid pet less
passes the then 60 P1<4 or(Mots below'A'lino" ML Sala
No.200 sieve
I
organic Liquid limit-oven dried Organic clay.'"
limit-n <0.75 OL
of drietl Organic silt"-o°
Silts all Clays inorganic PI plots on or above"A"line CH Fat clay`"
I Liquid rime 50
Or more N lots below"A"line MH Elastic Sit'"
organic Liquid limit-oven dried Organic clay"-"
<0.75 OH
Lqud limit-not dried Organic silt'1Y°
I Higley organic soils Primarily organic matter.dark in color,end organic odor PT Peet
%Based on the material passing the 3-in. ^ 'If sod contains 15 to 29%plus No.200.add
175vninl sieve sO, Ct• (y,a "with sand'or"with ravel',whichever is
'If field sample contained cobbles or "ore D. x Os> predominant. g
boulders,or both.add'with cobbles or 'If soil contains≥30%plus No.200
boulders,or both'to group name. predominantly sand,add`sandy'to group Gravels with 5 to 12%fines require duel 'If Sal contains≥15%sand.add"with name.
Isymbols: sand'to group name. 'II soil contains > 30%plus No.200.
GW-GM well-graded gravel with silt cif fines classify as CL-ML,use dual symbol predominantly gravel,add"gravelly"to group
GW-GC well-graded gravel with clay GC-GM.or SC-SM: mime.
3P-GM poorly graded gravel with silt "If fines are organic,add'with organic lines' "PI > 4 and plots on or above'A'line.
GP'GC poorly graded gravel with clay to group name. °Pl<4 or plots below'A"line.
°Sands with 6 to 12%fines require dual II soil contains > 15%gravel,add"with Pl plots on or above"A"line,
symbols: gravel'to group name. °Pl plots below"A'line.
3W.SM well-graded sand with silt If Atnrberg limits plot in shaded area,soil is
SW-SC well-graded sand with clay a CL-ML,silty clay.
SP-SM poorly graded sand with silt
SP-SC poorly graded sand with clay
I
,t '° lia`. •' .� sI rte, I oy-O�IIy ‘6‘1*F nil �ai I �i' r•it
'. •'MH IROHI '
• r--�'�� ML OR OL •
o •a it w x M % n A t It rot" it
LIQUID LIMIT ILLI
llerracon
ROCK CLASSIFICATION
(Based on ASTM C-294)
Sedimentary Rocks
Sedimentary rocks are stratified materials laid down by water or wind. The sediments may be
composed of particles of pre-existing rocks derived by mechanical weathering, evaporation or by
chemical or organic origin. The sediments are usually indurated by cementation or compaction.
Chart Very fine-grained siliceous rock composed of micro-crystalline or crypto-
crystalline quartz, chalcedony or opal. Cheri is various colored, porous to
dense, hard and has a conchoidal to splintery fracture.
Claystone Fine-grained rock composed of or derived by erosion of silts and clays or any
rock containing clay. Soft massive:gray, black,brown, reddish or green and
may contain carbonate minerals.
Conglomerate Rock consisting of a considerable amount of rounded gravel,sand and cobbles
with or without interstitial or cementing material. The cementing or interstitial
material may be quartz, opal, calcite, dolomite, clay, iron oxides or other
materials.
Dolomite A fine-grained carbonate rock consisting of the mineral dolomite (CaMg
(CO3)21. May contain noncarbonate impurities such as quartz, chert, clay
minerals,organic matter,gypsum and sulfides. Reacts with hydrochloric acid
IHCL).
Limestone A fine-grained carbonate rock consisting of the mineral calcite(CaCo3). May
contain noncarbonate impurities such as quartz, chart,clay minerals, organic
matter, gypsum and sulfides. Reacts with hydrochloric acid IHCLI.
Sandstone Rock consisting of particles of sand with or without interstitial and cementing
materials. The cementing or interstitial material may be quartz, opal, calcite,
dolomite, clay, iron oxides or other material.
Shale Fine-grained rock composed of, or derived by erosion of silts and clays or any
rock containing clay. Shale is hard, platy, or fissile may be gray, black,
reddish or green and may contain some carbonate minerals(calcareous shale).
Sikstone Fine grained rock composed of, or derived by erosion of silts or rock
containing silt. Siltstones consist predominantly of silt sized particles(0.0625
to 0.002 mm in diameter)and are intermediate rocks between claystones and
sandstones, may be gray, black, brown, reddish or green and may contain
carbonate minerals.
lierracon
\\ DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-8100,EXT.3540
FAX Il`p ei 70)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.(9TH AVENUE
GREELEY,COLORADO 80631
COLORADO
May 22, 1998
Mr.&Mrs. Doug Cummings
1843 Eisenhower Dr.
Louisville,CO 80027
FAX:(303)666-5272
RE:S-459
Dear Mr.&Mrs.Cummings:
Staff conducted a brief review of your PUD final plan submittal and found that the following items are
still needed to complete the application: •
•
1) A visual plan for the open space lot identifying uses and improvements for the area. This
information should be added to the plat perhaps as an addition to Sheet 8, Detail H,or if you
prefer on a separate plat page.
2) The open space improvements which were identified in the Board of County Commissioners'
Hearing Certification for case#Z-510 as volleyball pit,equestrian arena,picnic area and
horseshoe pit need to be included on Exhibit A of the Improvements Agreement.$3,000
collateral is proposed for'park"improvements. If this is to cover the open space area,please
provide a cost breakdown for the items as an addition to the Improvements Agreement.
3) A landscape planting and maintenance schedule is required indicating when,how the
materials will be cared for and a provision for dying materials to be replaced. The
Improvements Agreement should also contain a cost breakdown of landscape of materials by
species and size,etc. This information should be included as a part of the Improvements
Agreement.
4) I see a reference to a school bus drop-off and pick-up area in the change of zone submittal. I
have not located details on this in the PUD final plan submittal and would like your help in
clarifying this issue.
If other questions arise, I will contact you. Thank you for your assistance throughout the PUD process.
Sincerely,
a Dunn
;nt Planner
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICESIBUILDING INSPECTION
1400 N.17th Avenue,Greeley,CO 80631
Phone: (970)353-8100 Ext.3540 Fax: (970)352-6312.l IL •-TELEPHONE ElOFFICE FIRST INQUIRY? ti„YES CI NO DATE: S -/p p
9
NAME: "{¢.,1 AC tt.. . PHONE:
ADDRESS:
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
ZPMH PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
_ RE _FINAL PLAT ZONING
AMENDED RE _ RESUBDIVISION _ ADDRESSING
_ SE _ FHDP _ BUILDING PERMIT
AMENDED SE GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR HOME OCCUPATION
REZONING AMENDED USR VIOLATION
PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT USR MAJOR FACILITY
_ PUD FINAL PLAT _ USR DISPOSAL SITE _
STAFF PERSON:
ITEMS DISCUSSED:
/tr . C 45 & -i.�-r 9,, -ttj f A Ch-a--1. al."- C-e- ti�p-
,G.L l b C . 291,- a-co #�--,e.cc--c,/
0"V C -- � - - \dale,
!s 14 "Lk.111 '4 •-c-/ 9 L wt.:6,
Rai' ,l C .
Time Spent: Staff Member's Initials: C�
citizen.shi
r --
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N.17th Avenue,Greeley,CO 80831
��,,// Phone: (970)353-8100 Ext.3540 Fax: (970)352-6312 9
❑ TELEPHONE Hl OFFICE FIRST INQUIRY? ❑ YES &NO DATE: 's _/ i
NAM ` ,f��,2 /0-4L. a _
ADDRESS: r/
TYPE OF INQUIRY:
_ MHZP SKETCH PLAN MINOR SUB SKETCH PLAN
_ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
_ RE FINAL PLAT _ ZONING
_ AMENDED RE _ RESUBDIVISION _ ADDRESSING
_ SE _ FHDP BUILDING PERMIT
_ AMENDED SE _ GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR _ HOME OCCUPATION
_ REZONING _ AMENDED USR VIOLATION
PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY _
44 PUD FINAL PLAT USR DISPOSAL SITE _
STAFF PERSON: G
ITEMS DISCUSSED:
0 b/ AO a-.-1 - a_0701..75r), c j u '4/ � .� -
v� � `/ 'r_ -7C ,• ,r/k .
jj ✓? Nitric"/t 'h.01-S /s - , vrtrC ' 1,
/fir �/
.t irf"/�(R r I..ei/ 4-J a CP cI I[ a/L. (/C/tti�. -
r/ F ex 4 )/+.t, r.c-4 ,u' (J � . ((Vll
t- gr,.t,_ aiI /4 ,.-.trc_.t�y,� ,oc ,&
r -o,.-e , a.�ytrc a, . /�
Time Spent: Staff Members Initials: 6J
dxxen.sN
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N.17th Avenue,Greeley,CO 90631
Phone (970)3538100 Ext.3540 Fax: (970)3528312 L'/S CI TELEPHONE ❑ OFFICE FIRST INQUIRY? CI YES ❑ NO DATE: 3 -9Ap
NAME: 9CX�/A�Gtea. PHONE:
ADDRESS.
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
_ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
_ RE _FINAL PLAT _ ZONING
_ AMENDED RE RESUBDIVISION _ ADDRESSING
_ SE _ FHDP _ BUILDING PERMIT
_ AMENDED SE _ GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR _ HOME OCCUPATION
_ REZONING _ AMENDED USR _ VIOLATION
_ PUD SKETCH PLAN _ USR MINING OTHER
_ PUD DISTRICT USR MAJOR FACILITY _
_ PUD FINAL PLAT _ USR DISPOSAL SITE _
STAFF PERSON:
ITEMS
DISCUSSED.
JT AVZc Ol U CSa-t- R/4- yr air ate,„„t_
1 sdai /ice/-&c ���/.nA- d� '> y i[.o cr -X,
tin AP et 1Rckt 02 YYtLpIarO wen- Qt—I—
JZA¢- ed CL� CLe .2C cJ'cc✓il2A _
7%e ca. - �. is 4 c&ctf ,em e, '71 a t f c
.�wif 1. o a. am-9fl;•cf
Time Spent: Staff Member's Initials:
citizen.shi
10—i-I-14P46
Weld County Planning Dept.
IMAYC
Weld County Referral
51998
o RECEIVED April 28,1998
COLORADO •
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number 5-459
Please Reply By May 19,1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal 52 SW4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
•
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this dale may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
P+q We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
•
Comments:
Signature alifeito; ��jJ
Date eiJ /Y l o
Agency
Weld Gaily Planning Dept. 4.1400 N.1711 Ave.Greeley,CO.6063I 44970)353-61W ext3540 44970)352-6312 fax
MAY-15-.0 01 :44 PM SWIFT S ASSOC TATES NON 681 7226 P.01
•
.
Swyt aadAssoaio> —_
G ", . 421 2taAwmn, Subs 212
Lauttinemea, Deland. 10[01
( )772-7062 -
(203) 161--712! FAX
•
1A.CSIBOLE TAANSIKIISIOt4
Then ate Sheen tanned,nQed, bsetvdiog the tour*heat
To: T.00 Na beat - Welt &'m#! Ola.nner
Pont Arai C..AF,
Date: 5-en
Praioct Susan Rees •
•
Tipp: 1 1
Les sea Orin•— 1r p Ana-Cc a /k.er 12 Nei,.A,w►.ro,PMy,
1,%„w.at a Cart 0.Low Lae ut k6rr•,,:
•
the ad moats a es. My we be rgerar.d he rat Pm ay S puma Mess 4a
Weld County planning Dept•
spy 151998
RECEIVED
05/15/98 12:41 TX/RX NO.1090 P.001
/--
(it itie......-% .
Weld County Referral
Weld County Planning Dept.
ItiNt MAY 21 1998 April 28,1998
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number 5-459
Please Reply By May 19,1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal 52 5W4 of Section 7,T3N,R6BW of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
,M awe reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: ^
lam' Aj(1T D!/p(l(ATC &A/ern/4 4./Ant-s, S (/f
Signature `l.G/ . � Date o c.7 lJ K y
Agency )4 L /7,Y )
♦Weld County Planning Dept X1400 N.lit Ave.Greeley,co.80631 •1910)3534100 ex1.3540 +1970)357-6312 fax
St. Vrain Valley Sc 3O1 District REs1J
395 South Pratt Parkway • Longmont • CO• 80501-6499
303-776-6200/449-4978 • FAX 303-682-7343
May 8, 1998
Weld County Planning Dept.
Todd Hodges,Planner NAY 1 3
Weld County1998
1400 N. 17th Ave.
Greeley,CO 80831 rl�1 AV �g71g
RE: Summit Peaks Estates Planned Unit Development Final Plan 3
Dear Todd:
Thank you for referring the Summit Peaks Estates Planned Unit Development Final Plan to the School District.
The projected student impact upon the St. Vrain Valley School District of 12 new single-family lots on 75.75
acres Is a total of 8 students. My students living in this subdivision would attend Mead Elementary School,
Mead Middle School, and Skyline High School under the present school boundaries. However, due to potential
growth in these schools this development and other existing developments in this feeder could be placed in
another attendance area in the future. Bus transportation would be required.
THIS PROPOSED DEVELOP 1995-96 DEVELOPMENT PROPOSALS'
Building Oct. 97 Student Prof sated Over Total 6 of Total Cum. Over Cap WI
Casselts Enrollme__nt Imsect Enrollment ggp.—iroJ Stdnte• Fnrellment 95-96 Day,
Elementary 456 637 4 _ 541 Yes 2196 2737 Yee (-2251)
Middle 349 326 2 330 No 995 1325 Yes (-976)
High 1299 1191 2 1193 No 1211 2462 Yea (-1163)
6 4460 (SEATS AVAIL.&
teased on prolecQsd seodsnQ yields In Mess school .QBondsneo areas
from oil proposed developments (Ins-1996)
The District is on record as not opposing growth so long as the growth is planned and is manageable from a
student enrollment stand point. While this development does not Impact the middle or high school capacity, the
elementary school is already over capacity. In addition, there are other approved developments in these
attendance areas which will, together with this proposal, have a significant cumulative Impact on these schools.
As the volume of developments Increases in the Mead Elementary area with no alleviation of the existing
overcrowded conditions, the ability to provide the same quality education for these new students that is provided
students in other areas becomes increasingly difficult. This developer, however, has agreed to participate in a
cash-in-lieu of land arrangement and has signed an agreement with the District. Prior to issuing any building
permit the developer/bullder will be required to pay the agreed to fee to the District. The District will issue a
receipt which can then be submitted to the County Building Offices when application is made for a building
permit. The District appreciates the cooperation of both the developer and the County in incorporating this
agreement in the process. Please let me know if you have further questions.
Sincerely,
n er _t.
Scott Toillion, AICP
Planning Specialist
"Excellence-Our Only Option"
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yripf({County Fanning°Weld County Referral
WI`P� MAY 1 2 1998 April 28.1998
COLORADO ri - c,1 ED
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number 5-459
Please Reply By May 19,1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal S2 SW4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would he appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Ine have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
/1NTP - /- VT o
Signature n/3-te A 9) //77_ 3�� Date /�� /, /9Se
Agency Zi ,, B L�UtJt V feat A-ZiA .
*Weld County Flaming Dept X1400 N.1716 Ave.Greeley,CO.80631 .(9lo)3553.6100 ext.3540 •(970)352-6312 fax
Ir't"rrrM' MOUNTAIN VIEW FIRE PhOTECTION DISTRICT
•
QQ Administrative Office:
9119 County Line Road•Longmont,CO 80501
(303)772-0710 Metro(303)666-4404 FAX(303)651-7702
PIO
Weld County P►anntn9 Qept.
May 8, 1998 MAY 2 o 1998
ReetlV ED
Mr.Todd Hodges
Weld County Planning Department
1400 North 17th Avenue
Greeley,CO 80631
Dear Ms.Eastin:
I have reviewed the final plan for the Summit Peaks Estates,located north and adjacent to Weld
County Road 34 and east of Weld County Road I(Case Number: S-459). The property named
is within the boundaries of the Mountain View Fire Protection District and receives fire
protection from the District. The Fire District does not object to the proposed subdivision,
provided the development is able to meet the requirements of the Fire District.The Fire District
has the following comments and stipulations regarding the subdivision:
• Buildings shall be designed and constructed in accordance with the provisions of the 1994
Edition of the Uniform Fire Code,as adopted by the Weld County Commissioners,and the
1994 Edition of the Uniform Building Code,as enforced by Weld County.
• Plans for the residential fire sprinkler systems must be reviewed and approved by the Fire
District prior to installation. All residences must be inspected and approved by the Fire
District before a Certificate of Occupancy is issued by Weld County.
• Fire apparatus access roads must be designed and maintained to support the imposed loads of
fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving
capabilities. Access roads will need to be constructed and approved before building permits
are issued.
• Construction plans for the utilities showing the location of fire hydrants,the size of water
mains and available fire flows must be submitted to the Fire District for review and approval
prior to beginning construction. Fire hydrants shall be spaced along fire apparatus access
roads such that spacing between hydrants does not exceed 500 feet and a hydrant is located
within 250 feet of the front property line of all lots. All fire hydrants and water mains must
be approved and in service before combustible building materials are delivered to any lot.
• Street intersections must be marked with signs showing the street name and address range.
If standard street signs are used, then the signs do not need to be submitted to the Fire
District for approval. If non-standard street signs are used,the signs do need to be submitted
to the Fire District for approval.
sum.1 station 2 Salton s Station 4 Station S Stalk.,6 Station
9119 Only Line 90. 10911 WOO 16 PO.00.515 PO.00111 100110055'Run PO.Soo 000 P.O.40140
Lonrol.CO LT9,rmt CO 290 Palmer Sw. 6%0 Map Road Lafayette.CO 600 Sawa Ina So.Font S1.
90,501 90504 Veal.CO80542 NOM.CO80544 0036 EM.CO 110616 Dino CO$00414
Mr.Todd Hodges
May 9,1998
Page Two
• Approved address numbers shall be placed on all residences in such a position to be plainly
visible and legible from the street fronting the property. Address numbers or letters shall
contrast with their background.
Nothing in this review is intended to authorize or approve of any aspect of this project that does
not comply with all applicable codes and standards.The Fire District reserves the right to make
further comments as the project proceeds. We appreciate being involved in the planning process.
Should you have any questions,please contact me at(303)772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: Mr.Roger Vigil,Weld County Building Department
Mr.Larry Kaylor,P.O.Box 21423,Boulder,80308
project file
file
tpos.ar.sr
BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Z-510
APPLICANT: Doug 6 Diana CummingslLany Kaytor
ADDRESS: 1843 Eisenhower Drive,Louisville,CO 80027
PLANNER: Shani L.Eastin
REQUEST: A Change of Zone from Agricultural to PUD for two(2)Residential/Agrbultural lots zoned
A(Agricultural)and ten(10)Residential lots zoned E(Estate)for a total of 12 lots.
LEGAL DESCRIPTION: S%of the SW%of Section 7,T3N,RBBW of the 6th P.M.,Weld County,
Colorado
LOCATION: North of and adjacent to Weld County Road 34;East of and adjacent to Weld County
Road 1
be recommended favorably by the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 5.3 of the
Weld County Planned Unit Development Ordinance,Ordinance 197.
2. The submitted materials are in compliance with Section 6.4.2.6 of the Weld County Planned Unit
Development Ordinance,Ordinance 197,as follows:
A. Section 6.4.2.6.1-The proposal is consistent with the Comprehensive Plan,MUD
Ordinance if applicable,any Intergovernmental Agreement in effect influencing the PUD
and the Weld County Zoning and Subdivision Ordinance.
1. A.Goal 1 of the Weld County Compressive Plan states preserve prime farmland
for agricultural purposes which foster the economic health and continuance of
agriculture. The subject property is not defined as"Prime Farm Ground of
National Importance'on the USDA-Soil Conservation Map. Thus,the
development of this property will not disrupt any production of prime agricultural
farmground.
2. PUD.Goal 2 states Encourage creative approaches to land development which
will result in environments of distinct identity and character. The application is
proposing the development of 10 residential lots and two resdentlaVagricultural
lots. The proposed development includes an eight foot multi-use trail around the
outside perimeter of lots one through 10 which intended to be used for a mix of
uses including riding,biking,walking and running. Additionally a multi-use park
area is proposed to be located centrally in the development which is connected to
the trail system. This unique trail component wit add a common open space link
throughout the entire development which attributes to a creative design approach.
. . . . _ . . . . _ _ _ . . . . .. . . . _ . _ _ _ . . . . _ . . . . . _ . . . .. . . _ . _ . _ . _ _
RESOLUTION,Z-510
Cummings/Kaykx
Page 2
3. A.Policy 3 states Conversion of agricultural land to urban scale residential
development will be discouraged when the subject site is located outside of a
muncipalify's comprehensive plan area,urban growth boundary area,or 1-25
Mixed Use development area and urban development nodes. This policy is
intended to promote conversion of agricultural land In an orderly manner which is
in harmony with the phased growth plans of a municipality and the County. The
proposed development lies within 1%miles from the Town of Meads Urban
Growth Boundary Area. The Town of Mead has reviewed this development
request and recommends approval stating that the proposal complies with their
Comprehensive Plan. The Town of Mead states that this development meets
their definition of very low density which is defined as a maximum of one dwelling
units per 2.5 acres or more. The Town of Mead further states that they would
encourage the annexation of the properly sometime in the future.
B. Section 6.4.2.6.2-The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District Performance standards are
intended to present a collection of criteria necessary for development within the PUD
Zone District Issues such as access standards,buffering and screening,bulk
requirements,circulation,common open space,compatibility,design standards and
improvement agreements,landscaping standards,and public water provision are
reviewed to determine compliance with the Performance Standards.
The development is proposing access for all 12 lots to access at one common point onto
Weld County Road 34 which is a paved County road. The interior road of the
development will be designed and paved in accordance with Section 10 of the Weld
County Subdivision Ordinance. The development is also proposing a school bus drop-off
and pick-up area at the entrance of the development on Weld County Road 34. A
detailed landscaping plan was submitted by the applicant which clearly outlines proposed
landscaping treatment areas that compliment existing topography and soil conditions.
The applicant is encouraged to continue to work with the Colorado State University
Cooperative extension office and the Longmont Soil Conservation Service to ensure that
landscaping materials thrive to a mature state.
The application materials indicate that in addition to the multi-use trail around the
perimeter of the development that the development will also include a multi-use park.
The park is proposed to consist of a fenced riding arena and picnic area. The application
also indicates that the use of setbacks and building envelopes are proposed to create an
open area beltline around each lot that parallels and complements the trail system. The
Department of Planning Services staff will require the applicant to revise the common
open space component to meet the intent of Ordinance 197 which states that 15%of the
total development shall be dedicated to common open space. Conditions of Approval
addtionally address this design concern_
C. Section 6.4.2.6.3-The uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing
zoning,and with the future development as projected by the Comprehensive Plan or
Master Plans of affected municipalities. The surrounding area is primarily rural residential
and dry land farming in nature. The proposed development of 12 residential acreages is
consistent with the surrounding area. Additionally the Town of Mead states that this type
of development is complementary to their Comprehensive Plan and have expressed an
interest of possible annexation in the future.
RESOLUTION,Z-510
Cummings/Naylor
Page 3
D. Section 6.4.2.6.4-The PUD Zone District shall be serviced by a adequate water supply
and sewage disposal system in compliance with the Performance Standards.Public water
provisions for the proposed development will be provided by the Longs Peak Water
District. Each of the lots is proposed to be serviced by indivklual septic systems for
sewage disposal. The Weld County Health Department has reviewed the proposed
development and has no conflict with the proposed density and the amount of septic
systems.
E. Section 6.4.2.6.5-The street or highway facilities providing access to the property am
adequate in functional classification,width,and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. Access to the proposed
development is focused at one common access point onto Weld County Road 34 which is
a paved county road. Conditions of Approval address additional design guidelines and
requirements as required by the Weld County Public Works Department for the design of
the access point onto Weld County Road 34 and the interior road for the development.
F. Section 6.4.2.6.6-An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with the Weld County Subdivision
Ordinance,and a road improvements agreement is complete and has been submitted,if
applicable. The off-site road improvements and on-site improvements agreement was
not submitted with the Change of Zone application. The applicant will be required to
submitted detailed information regarding the improvements and collateral proposed for
this development. The Conditions of Approval address this issue.
G. Section 6.4.2.6.7-There has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts,commercial mineral
deposits,and soil conditions on the subject site.The proposed development does not lie
within any overlay district as described in the Weld County Zoning Ordinance.
H. Section 6.4.2.6.8-Consistency exists between the proposed Zone District,uses and the
Specific or Conceptual Development Guide. The applicant through the submission of
Specific Development Guide has shown consistency with the proposed development and
the proposed Zone District which includes residential and agricultural uses. The
proposed Zone Districts allows for a mixture of residential and agricultural uses.
This recommendation is based,on part,upon a review of the application materials submitted by the
applicant,other relevant information regarding the request,and responses from referral entitles.
The Planning Commission's recommendation for approval along with the PUD Change of Zone is
conditional upon the following:
1. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.(Planning)
2. The PUD Final Plan shall adhere to all regulations and requirements as outlined in Ordinance
197.(Planning)
3. Prior to recording the Change of Zone plat map,the map shall be amended to show the following:
a. The Change of Zone plat map shall meet all requirements of Section 9.2 of the PUD
Ordinance,Ordinance 197.(Planning)
RESOLUTION,Z-510
Cummingsl1ayku
Page 4
b. The plat shall be amended to identify and dimension a 50 foot radius at the end of each
cul-de-sac.(Public Works)
c. The plat shall amended to identify a 20 foot paved radius at each intersection to
accommodate adequate space for turning vehicles.(Public Works)
4. The following Items shall be adequately addressed or placed on the Final Plan plat map at time of
Final Plan submittal as required by the Weld County Public Works Department. These items are
as follows:(Public Works)
a. The plat shall be amended to indicate the typical cross section identifying width or right-of-
way,depth of base and asphalt,and width of driving lanes and shoulders.
b. The street names shall have the same names of existing streets in the county or in
adjacent counties or municipalities which are in alignment. They shall not be duplicates of
streets named within the area.
c. A final drainage report shall be submitted for review and approval by the Weld County
Public Works Department.
5. Prior to scheduling before the Board of County Commissioners the applicant shall submit for
review and approval to the Department of Planning Services a revised open space design for the
development that incorporates 15%of the site as common open space as described in Ordinance
197,Section 6.3.5.(Planning)
6. The PUD Change of Zone is conditional upon the following and that each be placed on the
Change of Zone plat map as notes prior to recording:
a. The PUD District shall consist of 10 residential lots and two(2)residential/agricultural lots.
(Planning)
b. The PUD District allows or E(Estate)and A(Agricultural)uses and shall comply with the
PUD Zone District requirements as set forth in Section 5 of the Weld County PUD
Ordinance.(Planning)
c. The PUD shall be serviced by Longs Peek Water District for water service and septic
systems will be used for sewage disposal.(Planning)
d. The PUD Final Plan shall comply with the requirements of Ordinance 197.Weld County
Public Works,Mountain View Fire Protection District,Colorado Geological Survey,
Longmont Soil Conservation District,St Vrain Valley School District,Longs Peak Water
District,Weld County Health Department and the Weld County Building Inspection
Department.(Planning)
e. Installation of utilities shall comply with Section 10 of the Weld County Subdivision
Ordinance.(Planning)
f. Outdoor storage should be screened from public right-of-way and adjacent properties.
(Planning)
RESOLUTION,Z-510
Cummings/Kaylor
Page 5
g. The applicant shall remove,handle,and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors,flies,insect pests,or
pollutant runoff.(Health Dept.)
h. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.(Health Dept.)
I. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
j. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive
dust,blowing debris,and other potential nuisance conditions.(Health Dept.)
k. Fugitive dust shall be controlled on the site.(Health Dept.)
I. An individual sewage disposal system is required for each proposed home and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
The basic soil condition description shows a slow permeability and it is likely these
systems will have a slow percolation which will require engineered septic systems.(Health
Dept.)
m. All lots shall access onto the Internal road system. No lots shall have a direct access onto
Weld County Road 34 or Weld County Road 1.(Public Works)
n. The applicant shall attempt to address the concerns of Mountain View Fire Protection
District.(Planning)
o. No building permits will be released until lot numbers and addresses are assigned and
street signage Is in place. (Planning)
p. My proposed lighting or signage shall adhere to all rules and regulations as stated in the
Weld County Zoning Ordinance and Planned Unit Development Ordinance.(Planning)
q. All buildings and structures shall be engineered designed. (Planning)
Motion seconded by Christie Nicklas.
VOTE:
For Passage: Against Passage:
Rusty Tucker
Fred Walker
Marie Koolstra
Christie Nicklas
Bruce Fitzgerald
Jack Epple
RESOLUTION,Z-510
CumiNngslKaylor
Page 8
The Vice-Chairman declared the resolution passed and ordered that a certified copy be forwarded with the
file of this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I,Wendi Intoes,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld
County,Colorado,adopted on Febuary 3,1998.
Dated the 3rd of February,1998.
Wendt Inloes
Secretary
� o
Weld Coen Planning
O
s �V.eld County Referral
VIot �Mitt U S 1998 April 28,1993
COLORADO CEI VED
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number S-459
Please Reply By May 19,1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal 52 5W4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature dr,L(ol Date 326411
Agency Ex7ta/lrtl./
Weld County Planning Dept. +1400 N.t 71h Ave.Greeley,CO.80631 +1970)353-6100 x13540 +(970)3526312 fax
•
•
Weld County Planning Dept.
MEMORANDU1S4410 31998
TO: Monica Daniels-Mika,W.C. PlanniTE: e`I,
'r9
W�ik FROM: Sheble McConnellogue and Trevor Jiricek,W.C. Heal
COLORADO Department
CASE NO.: S-459 NAME: Cummings, Doug&Diana
As we discussed on the telephone today,our Department's review of this referral will only
consider the water and sewer provisions proposed to serve the development. Our
comments are as follows:
The application has satisfied both the previous PUD standards as well as recently adopted
PUD Ordinance No. 197 in regard to water and sewer service. Water will be provided by
the Longs Peak Water District and sewer will be provided by provided individual sewage
disposal systems. The overall density of ISDS systems per acre(1 system per 6.31 acres)
and the proposed minimum lot sizes(2 1/2 acres)meets Department policy.
In addition,we recommend that the following conditions be a part of any approval:
1) The applicant shall obtain water service from the Longs Peak Water District.
2) If during construction more than five(5)acres of land is disturbed,the applicant shall
obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and the Environment.
3)The application materials indicate plans for an open space beltway around the
perimeter of the proposed site. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. Trail maintenance shall include removal of manure in a manner that
will prevent nuisance conditions.
4)An individual sewage disposal system, is required for the proposed twelve (12)
residential lots and shall be installed according to the Weld County Individual Sewage
Regulations. The application materials indicate there are limitations of certain soils
being fit for the development of septic systems. These systems may require design
by a Colorado Registered Professional Engineer according to the Weld County
I.S.D.S. Regulations. •
Please note: The Weld County Health Department, Environmental Protection Services
recommends alternative strategies regarding water conservation and waste minimization.
Considerations such as xeriscaping, low flow water fixtures, backyard composting and
recycling are a few options available to home owners. We also recommend that
Doug and Diana Cummings
June 1, 1998
Page 2
preliminary radon mitigation measures be incorporated in the construction of new homes.
Radon kits are available in our office. Please contact our Department for further
information.
/tj1014
it
MEMORANDUM
TO: Todd Hodges,Current Planner II DATE:May 12, 1998 WI 'P Ci FROM: Don Carroll, Engineering Administrator 1(05 I
COLORADO SUBJECT:S-459;Green Acres Enterprises,LLC/Summit Peaks Estates
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COUNTY POLICY:
Continents: Mr. Swift,the applicant's engineer,has questioned the need for a deceleration lane. As Mr. Swift
notes,Weld County has adopted the Policy on Geonteoic Design of Highways and Streets published by The American
Association of State Highway and Transportation Officials(AASHTO). In Ordinance 173-E, Section 10.2.3,
which adopts the AASHTO standards, there is also a provision that states, "Criteria published by other
government agencies, professional organizations,or generally accepted authoritative sources may be used in
geometric design." The AASHTO standards do not give specific criteria as to when deceleration lanes are
necessary; however,the State Highway Access Code does. Weld County routinely uses the State Highway Access
Code to determine when turn lanes are warranted.
TRAFFIC COUNTS:
Comments. Mr. Swift also questioned our traffic count. The Public Works Department reset traffic counters
on April 28, 1998,on WCR 34 on each one mile segment between WCR 1 and WCR 7. The average daily
traffic counts from west to east were 995, 1,334, and 1,638 vehicles. The estimated traffic generated from
Summit Peak Estates is to be approximately 78 trips based on an average of 6.5 trips per lot. Applying these
traffic counts to Section 4.7.2,Deceleration Lanes for Right'turning Vehicles,of the State Highway Access Code,
a right turn deceleration lane is warranted. We agree with Mr. Swift that often times all the deceleration lane
is not used by drivers.
Requirement: Therefore,we recommend the lane length and taper be based on a design speed of 45 MPH,
which would require a 350 foot lane with a 13:1 taper.
CROSS SECTION:
Requirement: As requested in my previous memos,the applicant needs to place,on the plat,a typical road
cross section identifying width of right-of-way,depth of base and asphalt or full depth asphalt,and width of
driving lane and shoulder.
Weld Cour' 'Piannic. Dept.
MAY 1 3 1998
tEL; ?I gin
Todd Hodges,Current Planner II
S-459;Green Acres Enterprises, LLC/Summit Peaks Estates
Page 2
IMPROVEMENTS AGREEMENT:
Comments: I have reviewed the Improvements Agreement policies regarding collateral for improvements. In
Exhibit"A"first filing,the quantities, unit prices,and estimated construction costs appear to be adequate for
the project. Exhibit "B" indicates the time of completion. The applicant has indicated the start time to be
approximately June 15, 1998. I have reviewed both items and have no conflict with them.
PRIOR TO RECORDING THE PLAT:
Comment. On Page 4 of the application, 7.3.19,Final Drainage Report,Appendix N and 7.3.20,Soils Report,
and Appendix O were not attached in the final packet.
Requirement• Both of these items need to be submitted and approved by the Weld County Public Works
Department prior to recording the plat.
INTERNAL ROAD SYSTEM;
Comment: It is Weld County's policy that rights-of-way are dedicated to the public and roads are build to
County standards, then accepted for maintenance by the County. The applicant has indicated that the
Homeowners Association will be responsible for the internal road system. We recommend that the road be
placed on the County maintenance system.
cc: Commissioner Webster
S-459
Peter Swift
plan I5
tECEIYFD APR 2 9 1998
*it?' valtill- ris' Weld County Referral
W�iDe April
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number 5-459
Please Reply By May 19,1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal 52 SW4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this dale may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
O We have reviewed the request and find no conflicts with our interests.
yy See attached letter.
Comments:
Signature `4.-.. 11 '\ I Date 6_6..%
Agency (USA_ wag
Weld County Planning Dept. *1400 N.176 Ave.Greeley,CO.80631 4,(970)3534100 ext.3540 44970)3524M fax
•
Green Acres Enterprises, LLC
1843 Eisenhower Dr.
Louisville,CO 80027
April,21, 1998
Todd Hodges
Weld County Administrative Offices
1400N. i t Ave
Greeley,CO 80631
Dear Todd:
Enclosed please find the original documents for the final P.U.D. Some of the other
original documents listed in the binder we need to retain for legal purposes. Thank you
for your assistance,and if there is anything further you need,please let us know.
Sincerely,
Diana L. Cummings
APR 2 .1 E33
Planned Unit Development Plan Application
raisin Department Use Only:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
I(we),the undersigned,hearty request a hearing before the Weld County Planning Commission and the
Board of County Commissioners concerning the proposed subdivision of the following described unincorporated
area of Weld County.
Legal Description: S 1/2 of the SW 1/4 of Section 7,T3N,R68W of the 6th P.M..
Parcel Number: 120707000034
Name of proposed subdivision:Summit Peaks Estates
Existing Zoning:Agricultural
Proposed Zoning:Ten,2 1/2-3 1/2 acre lots-Estate(lots 1-10)
Two,20 acre lots-Agricultural(lots 11 & 12)
Total Acreage: 75.75 Lot Slot(average):6.31 acres Min iuum:2.5 acres
Utilities: Water Longs Peak Water Sewer:Septic
Gas:Propane Phone:US West Communications
Electric:Poudre Valley REA
Districts: School:St.Vrain School District
Fire:Mountain View Fire District
Designers/Engineers Name:Swift and Associates
Address:421 21st Avenue,Longmont,CO 80501 Phone:(303)772-7052
Owners Lessees of Mineral Rights on or Under the Subject Properties of Record in the
Weld County Assessor's Office:
Name:Union Pacific Resources Address:801 Cherry St.,Ft.Worth,TX 76102
Surface Fee,Property Owners of area proposed for PUD Rezoning:
Name:Doug and Diana Cummings Phone:(303)666-5272
Address: 1843 Eisenhower Dr. Louisville,CO 80027
Name:Larry Kaylor Phone:(970)532-1429
Address:P.O.Box 21423 Boulder,CO 80308
Larry Kaylor L_
Doug Cummings fi
Diana Cummings //,4r/✓, �,�
EXHIBIT
ENGINEER'S CERTIFICATE
I, Peter H. Swift, being a duly Registered Engineer in the State of
Colorado, do hereby certify that the design of the utilities was
performed by me, or under my direct supervision, for Summit Peaks
Estates, and performed on behalf of u,L,arry Kaylor.
00 RES/�"��.,
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Lye' 26511,
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rumor nor"`�`•
06-15-1998 91'48PI FROM Ad Ventures TO 1978352631E P.01
Green Acres
Enterprises, LLC
1843 Eisenhower Dr.
Louisville,CO 80077
(505)666-5272
[ Fox Cover Sheet
To: Lit Q id Lu' Vic--
From: Cu. ►M-449y0
Date:!( el Q 9< Phan:
No.of pages including cover: 7 J
Special Instructions: 'LW CAL.(.( tit 1
If you didn't receive all of the pages,please call(505)666-5272 and have them sent
again. This number Is a phone as well as a fax. Someone needs to be home to turn
the fax on to receive faxes. Thank you.
r
06/15/98 13:52 TX/RX NO.1387. P.001
MOUNTAIN VIEW FIRE PRC"CTION DISTRICT
Administrative Oflce:
nA, t• j 9119 County Line Road•Longmont,CO 80501
[� r lt‘+ • (303)772-0710 Metro(303)666-4404 FAX(303)651-7702
Vine
•
June 30, 1998
Mr.Doug Cummings
1843 Eisenhower Drive
Louisville,CO 80027
Dear Mr.Cummings:
I have reviewed the final plat and construction plans for the utilities for the Summit Peaks
Estates for compliance with the adopted codes and standards of the Fire District. Plans are
approved based on the following comments and stipulations:
• Buildings shall be constructed in accordance with the provisions of the 1994 Edition of the
Uniform Fire Code,as ratified by the.Weld County Commissioners,and the 1994 Edition of
the Uniform Building Code,as enforced by Weld County.
• A minimum fire flow of 500 gallons per minute, measured at a residual pressure or 20
pounds per square inch will be required. A flow test will need to be scheduled to verify the
required water supply is available after the installation is complete. All fire hydrants and
water mains must be approved and in service before combustible building materials are
delivered to any lot.
• Fire apparatus access roads will need to be constructed and approved before building permits
are issued.
• Street intersections must be marked with signs showing the street name and address range.
If standard street signs are used, then the signs do not need to be submitted to the Fire
District for approval. If non-standard street signs are used,the signs do need to be submitted
to the Fire District for approval. Street signs must be installed at the time building
construction begins.
• Approved address numbers shall be placed on all residences in such a position to be plainly
visible and legible from the street fronting the property. Address numbers or letters shall
contrast with their background.
• Plans for the residential fire sprinkler systems must be reviewed and approved by the Fire
District prior to installation. All•residences must be inspected and approved by the Fire
District before a Certificate of Occupancy is issued by Weld County.
Stow slWen] a.00,3 510010 51nS alone 5101011
9119 Crary Lino Pd. IwFT NCR IS PO Ikon PO.&K 1 ICIII 001.bn1M P.O.Bold P.O.Sox 40
IMcrtel.CO LtAarval.CO no PMrw In 1%ONM PSG 1-0•0010.CO Pao SAM 100 so.For•t St.
neol 304 Mend.C0110543 NINA CONNO wee Eat CO 806111 Meant.CO Y510
Mr.Doug Cummings
June 30,1998
Page Two
• Should changes be made to approved plans, additional review and comment by the Fire
District will be necessary.
Nothing in this review is intended to authorize or approve of any aspect of this project that does
not comply with all applicable codes and standards. The Fire District reserves the right to make
further comments as the project proceeds. Should you have any questions,please contact me at
(303)772-0710.
Sincerely,
cXV
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: Ms.Monica Daniels-Mika,Weld County Planning Department
Mr.Roger Vigil,Weld County Building Department
project file
file
*0633.91
•
REFERRAL UST
NAME:Green Acres Enterprises,LLC CASE NUMBER:5-459
REFERRALS SENT: April 28,1998 REFERRALS TO BE RECEIVED BY:May 19,1998
COUNTY DOWNS and CITIES
Attorney _Ault
X Health Department _Berthoud
_X_Extension Service _Broomfield
_Emergency Management Office _Dacono
_X_Sheriffs Office _Eaton
Public Works _Erie
Housing Authority _Evans
_Airport Authority _Firestone
L_Ron Broda _Fort Lupton
_Frederick
STATE _Garden City
Division of Water Resources _Gilcrest
_Geological Survey _Greeley
_Department of Health _Grover
Department of Transportation _Hudson
_Historical Society _Johnstown
Water Conservation Board _Keenesburg
Oil and Gas Conservation Commission Kersey
La Salle
FIRE DISTRICTS _Lochbuie
Ault F-1 _Longmont
_Berthoud F-2 _X_Mead
_Briggsdale 1-24 Milliken
Brighton F-3 _New Raymer
_Eaton 1-4 _Northglenn
Fort Lupton F-5 _Nunn
Galeton F-6 _Pierce
Hudson F-7 Platteville
_Johnstown F-8 _Severance
La Salle F-9 _Thornton
_Mountain View F-10' _Windsor
_Milliken F-11
Nunn F-12 COUNTIES
_Pawnee F-22 _Adams
_Platteville F-13 Boulder
Platte Valley F-14 _X__Larimer
Poudre Valley 1-15
Raymer 1-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 _US Army Corps of Engineers
_Windsor/Severance F-17 _USDA-API-WS Veterinary Service
_Wiggins F-18 _Federal Aviation Administration
Western Hills 1-20 Federal Communication Commission
QIIIER SOIL CONSERVATION DISTRICTS
�.Longs Peak Water _Brighton
X St Vrain School Dist _Fort Collins
Tri-Area Planning Commission _Greeley
Longmont
West Adams
COMMISSION/BOARD MFh1RF@
•
I Weld County Referral
WI`PC April 28,1998
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Green Acres Enterprises,LLC Case Number 5459
Please Reply By May 19, 1998 Planner Todd A.Hodges
Project Planned Unit Development Final Plan
Legal 52 SW4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,Colorado
Location East and adjacent to Weld County Road 1;north and adjacent to Weld County Road 34
Parcel Number 1207 07 000034
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date
Agency
*Weld County Planning Dept. 4,1400 N.17th Ave.Greeley,CO.WW1 +1970)3534100 ee1.3540 +19701 352-6312 fix
June , 1998
Mr.&Mrs.Doug Cummings
1843 Eisenhower Dr.
Louisville,CO 80027
RE: 5-459,Summit Peaks Estates PUD Final Plan,being in the S2SW4 of Section 7,
T3N,R 68W of the 6'h P.M.,Weld County,CO
Dear Mr.&Mrs.Cummings:
The Department of Planning Services has reviewed your request for approval of a PUD
Final Plan for the above-described property. Our recommendation for approval is based
upon responses from referral agencies,comments provided by the Utility Coordinating
Advisory Committee,as well as this application's compatibility with the change of zone
(#Z-510)specific development guide. The Department of Planning Services'
recommendation for approval is conditional upon the applicants'completion of the
following items:
1. Prior to recording the PUD Final Plan plat:
A. The Board of County Commissioners shall review and approve the Improvements
Agreement According to Policy Regarding Collateral for Improvements(Public
Road Maintenance)including the form or collateral. The security for the
agreement shall be tendered and accepted by the Board of County Commissioners.
B. The Summit Peaks Estates protective covenants shall be approved by the Weld
County Attorneys'Office and be ready for recording in the Office of the Clerk and
Recorder.
C. The plat shall be amended as follows:
2. The following notes shall be placed on the PUD Final Plan plat prior to recording:
A. The uses permitted in Summit Peak Estates include 10(ten)rural residential lots
for E(Estate)uses,2(two)rural residentialagricultural lots for A(Agricultural)
uses and 1 (one)common open space lot for a multi-use park as described in the
application materials.
B. Summit Peaks Estates PUD shall adhere to all PUD Zone District requirements as
set forth in Section 5 of Ordinance 197.
C. Approval of this plan may create a vested property right pursuant to Section 90 of
the Weld County Zoning Ordinance,as amended.
D. Longs Peak Water District shall provide water service to Summit Peaks Estates
PUD.
E. Sewer service shall be provided by individual sewage disposal systems approved
by the Weld County Health Department. An individual sewage disposal system is
required for each proposed residence and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. Due to soil limitations causing
slow permeability on this site,engineer-designed septic systems may be required.
F. Summit Peaks Estates PUD shall comply with the requirements of the Mountain
View Fire Protection District at all times.
G. Installation of utilities shall comply with Section 10 of the Weld County
Subdivision Ordinance,as amended.
H. Ingress and egress to all lots in Summit Peaks Estates shall be from the PUD's
internal road system. A single access point from Weld County Road 34 to the
internal road system shall be permitted. No additional accesses shall be granted.
I. Summit Peaks Estates'internal road system shall be built to Weld County standards
and dedicated to the public. The internal road system may,in the future,be
accepted for maintenance by the county.
J. No on-street parking shall be allowed on the PUD's internal streets.
K. The proposed internal street shall not duplicate an existing street name.
L. Outdoor storage shall be screened at all times from public rights-of-way and
adjacent properties.
M. Prior to the release of each residential building permit in the PUD:
1) the developer/property owner shall provide evidence from the St.Vrain Valley
School District RE-1J to the Department of Planning Services that a cash-in-lieu
of land fee has been paid.
2) lot numbers and addresses must be assigned and street signage in place.
N. All construction on the PUD site shall meet the requirements of the Weld County
Public Works and Building Inspection Departments.
O. All property owners shall remove,handle,and stockpile manure from the livestock
area in a manner that will prevent nuisance conditions. Any manure piles on site
shall not be allowed to exist or deteriorate to a condition that facilitates excessive
odors,flies,insect pests or pollutant runoff
P. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
Q. No permanent disposal of wastes shall be permitted on the site.
R. Waste materials shall be handled,stored and disposed of in a manner that controls
fugitive dust,blowing debris and other potential nuisance conditions.
S. Fugitive dust shall be controlled on the site.
T. Any proposed lighting or signage within Summit Peaks Estates POD shall adhere to
all regulations set forth in the Weld County Zoning Ordinance,as amended,and Ordinance
197.
�1I11YY 6
DEPARTMENT OF PLANNING SERVICES
Weld County AdminbtretNe Offices
1400 N.17th Avenue,Greeley,CO 80931
Phew(970)3534100,Ext 3540
Fax(970)3524312
COLORADO
June 18, 1998
Mr.&Mrs.Doug Cummings
1843 Eisenhower Drive
Louisville,CO 80027
RE: 5-459,Summit Peaks Estates PUD Final Plan,being in the S2SW4 of Section 7,T3N,R68W
of the 6th P.M.,Weld County,CO
Dear Mr. &Mrs.Cummings:
The Department of Planning Services has reviewed your request for approval of a PUD Final Plan
for the above-described property. Our recommendation for approval is based upon responses from
referral agencies,comments provided by the Utility Coordinating Advisory Committee,as well as this
application's compatibility with the change of zone (#Z-510) specific development guide. The
Department of Planning Services'recommendation for approval is conditional upon the applicants'
completion of the following items:
1. Prior to recording the PUD Final Plan plat:
A. The Board of County Commissioners shall review and approve the Improvements
Agreement According to Policy Regarding Collateral for Improvements (Public Road
Maintenance)including the form or collateral. The security for the agreement shall be
tendered and accepted by the Board of County Commissioners.
B. The Summit Peaks Estates protective covenants shall be approved by the Weld
County Attorneys' Office and be ready for recording in the Office of the Clerk and
Recorder.
C. The plat shall be amended as follows:
2. The following notes shall be placed on the PUD Final Plan plat prior to recording:
A. The uses permitted in Summit Peak Estates include 10(ten)rural residential lots for E
(Estate) uses, 2 (two) rural residentiagagricultural lots for A(Agricultural) uses and 1
(one) common open space lot for a multi-use park as described in the application
materials.
B. Summit Peaks Estates PUD shall adhere to all PUD Zone District requirements as set
forth in Section 5 of Ordinance 197.
Sanin,Texnwook,Integrity,Quality
Page 2
C. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance,as amended.
D. Longs Peak Water District shall provide water service to Summit Peaks Estates PUD.
E. Sewer services shall be provided by individual sewage disposal systems approved by the
Weld County Health Department. An Individual sewage disposal system is required for
each proposed residence and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. Due to soil limitations causing slow permeability on this
site,engineer-designed septic systems may be required.
F. Summit Peaks Estates PUD shall comply with the requirements for the Mountain View
Fire Protection District at all times.
G. Installation of utilities shall comply with Section 10 of the Weld County Subdivision
Ordinance,as amended.
H. Ingress and egress to all lots in Summit Peaks Estates shall be from the PUD's internal
road system. A single access point from Weld County Road 34 to the internal road
system shall be permitted. No additional accesses shall be granted.
I. Summit Peaks Estates' internal road system shall be built to Weld County standards
and dedicated to the public. The internal road system may,in the future,be accepted
for maintenance by the county.
J. No on-street parking shall be allowed on the PUD's internal streets.
K. The proposed internal street shall not duplicate an existing street name.
L. Outdoor storage shalt be screened at all times form public rights-of-way and adjacent
properties.
M. Prior to the release of each residential building permit in the PUD:
1.) the developer/property owner shall provide evidence from the St.Vrain Valley School
District RE-1J to the Department of Planning Services that a cash-in-lieu of land fee
has been paid.
2.) lot numbers and addresses must be assigned and street signage in place.
N. All construction on the PUD site shall meet the requirements of the Weld County Public
Works and Building Inspection Departments.
O. All property owners shall remove,handle,and stockpile manure from the livestock area
in a manner that will prevent nuisance conditions. Any manure piles on site shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors,flies, insect
pests or pollutant runoff. Trail maintenance shall include removal of manure in a manner
that will prevent nuisance conditions.
P. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
SeNke,Teamwork,Inteanty,Quay
. . . _ . . _ . . . .. .. .. . . _ . . . . _ . _ . . . _ . . . _ _ . _ _ . _ _ . . . . _ _ . .. . . _ .
Page 3
Q. No permanent disposal of wastes shall be permitted on the site.
R. Waste materials shall be handed,stored and disposed of in a manner that controls fugitive
dust,blowing debris and other nuisance conditions.
S. Fugitive dust shall be controlled on the site.
T. Any proposed lighting or signage within Summit Peaks Estates PUD shall adhere to all
regulations set forth in the Weld County Zoning Ordinance,as amended, and Ordinance
197.
Should you have any additional questions or need future information I may be reached at the above
telephone number and address.
Sincerely,
; •
Mo Daniels-Mika,AICP
Director
Service,Twmwmk,Integrity,Quality
SUMMIT PEAKS ESTATES P.U.D.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
Final Version 1.5 July 1,1998
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR SUMMIT PEAKS ESTATES P.U.D.
This declaration contains no restriction based on race,
color,gender,religion or national origin.
ARTICLE I-PREAMBLE
Declarant is the owner of that certain real property situated in Weld County,Colorado,
described in Appendix A hereof("The Property"). The Property has been platted as
Summit Peaks Estates P.U.D. by a Plat("the Plat")recorded simultaneously with this
Declaration.
Declarant desires to develop the Property for residential purposes. Declarant deems it
desirable to subject the Property to the covenants,conditions,and restrictions set forth in
this Declaration in order to preserve the values of the individual lots and to enhance the
quality of life for all owners of such lots.
The Property shall be a"planned community"under the Colorado Common Interest
Ownership Act("the Act").
Declarant therefore declares that all of the Property is and shall be held,transferred,sold,
conveyed and occupied subject to the terms,restrictions,limitations,conditions,
covenants,obligations,liens,and easements which are set forth in this Declaration,all of
which shall nm with the Property and shall inure to the benefit of,and be binding upon,all
parties having any right,title,or interest in the Property or any portion thereof,and such
person's heirs,grantees,legal representatives,successors and assigns.
ARTICLE II-DEFINITIONS
2.1 General. The words and terms defined in this Article shall have the meanings herein set
forth unless the context clearly indicates otherwise.
2.2"Association"shall mean and refer to Summit Peaks Estates P.U.D.Community
Association,a Colorado Non-Profit Corporation,established pursuant to Article VI of
this Declaration.
2.3"Board"shall mean and refer to the Architectural Review Board created pursuant to
Article V of this Declaration. The Board shall mean and include the governing body
of the Association.
2
2.4"Property"shall mean and refer to the property which is described on Exhibit A
attached hereto and made a part hereof.
2.5 The"Developer"shall mean Green Acres Enterprises,LW.,a limited liability
Company,its successors and assigns.
2.6"Single Family Dwelling"shall mean an independent structure designed and occupied
as a residence for a single family.
2.7"Lot"shall mean and refer to any plot of land shown upon any recorded subdivision
plat of the properties,with the exception of the common area.
2.8"Declarant"shall mean and refer to Green Acres Enterprises,LLC,its successors and
assigns.
2.9"Subdivision"shall mean Summit Peaks Estates P.U.D.,a Planned Unit Development
in Weld County,Colorado.
2.10"Owner"shall mean and refer to the record owner,whether one or more persons or
entities,of the fee simple title to any Lot situated within the Property which is subject
to this Declaration,but notwithstanding any applicable theory relating to mortgages,
deeds of trust, or other liens or encumbrances upon any such property. Owner shall
not include or refer to a mortgagee,beneficiary of a deed of trust,or lien holder unless
and until such party has acquired title pursuant to foreclosure or any applicable
procedure in lieu of foreclosure.
2.11 "Member" shall mean all those who are members of the Association as provided in
this declaration.
2.12"Plat"shall mean the amended plat of Summit Peaks Estates,a copy of which is
being recorded simultaneously herewith.
2.13"Beltway"as platted and designed on the Plat as Open Space B.
2.14 "First Mortgagee"shall mean and include any person,corporation,partnership,
trust,company,association,or other legal entity which owns,holds, 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.
2.15 Other Terms. Other terms may be defined in specific provisions contained in this
Declaration and shall have the meaning assigned by each such definition.
3
ARTICLE HI-USE AND OTHER RESTRICTIONS
3.1 All improvements on each lot shall meet the requirements of Article IV,"Architectural
Standards"of this Declaration,including,but not limited to,the Guidelines and Rules
set forth in Section 4.2 hereof.
3.2 Developer shall install an outdoor arena,volleyball and horseshoe pits and barbecue
facilities within Open Space A. The owners of lots within the Property may use such
area as an animal exercise area,gathering spot,recreation area and for other purposes,
but shall not have any right to board or maintain horses or other animals on such area.
3.3 Developer shall install a permanent sign fix the Property,and landscaping within the
entrance.
3.4 Developer shall install landscaping as shown on the Plat.
3.5 Trees and Ground Cover. No living tree,shrub or bush may be removed except
pursuant to a landscaping plan approved by the Architectural Review Board or
otherwise with the approval of said Architectural Review Board. Said prohibition
extends to naturally existing trees,shrubs and bushes and to trees, shrubs and bushes
planted by Owners. No grading or other soil or earthwork shall be performed on a lot
until plans for placing improvements on such lot have been properly approved by the
Architectural Review Board,and then only to the extent contemplated by such
approved plan. After completion of each set of improvements on a lot,the ground
shall be restored,as nearly as possible,to its original contours and appearance.
Contour changes of more than one foot from existing grades shall require the approval
of the Architectural Review Board. The natural groundcover of a lot shall not be
disturbed unless approved by the Board.
3.6 Maintenance of Vacant Lots. The owner of each lot shall plant and maintain grass on
it;periodically mow such grass and other vegetation;and remove any trash or other
debris. If an owner fails to maintain a vacant lot in accordance with such
requirements,the Association shall have the right to plant and maintain grass on it;
periodically mow such grass and other vegetation;and remove any trash or other
debris. The Association shall establish and charge reasonable fees to the owners of
such vacant lots,for such services. Such services shall be deemed a service charge
from the Association made solely to the owners of each of such vacant lots. The
owner shall be liable for reasonable attorney's fees and costs incurred by the
Association in collecting such service charge.
3.7 Within three(3)years of lot ownership a minimum of 10 mature trees will be required.
Mature trees will be defined as deciduous 8'tall and evergreen 4'tall. The
Architectural Review Board shall retain the right to require that trees and shrubs on a
lot be located and trimmed so as to preserve or enhance the view from other lots
within the immediate vicinity.
4
3.8 Environmental landscaping. Native low water plants,shrubbery and trees are strongly
encouraged. It is suggested that residents cluster vegetation to conserve water and
increase wildlife habitat. Buffalo,Blue Gamma,Smooth Brome and tall fescue grasses
are preferred as compared to bluegrass. Residents are encouraged to irrigate non-turf
areas with drip or other low-emittance irrigation systems.
3.9 Landscaping. An area surrounding the residence both front and sides shall be filly
landscaped within 9 months after issuance of certificate of occupancy. Such
landscaping will provide an attractive and orderly area surrounding the residence and
eliminate pasture or containment areas from being adjacent to the residence. All
landscaping must be approved by the Board. The owner shall plant appropriate
ground cover such as dryland grasses on the remaining area of the lot.
3.10 Maintenance of Landscaping. The landscaping on each lot shall be maintained by the
owner,subject however,to the right of the Association to perform any maintenance
deemed necessary or desirable to maintain the high standards established for the
Subdivision,and to assess such owner for such required maintenance. The owner shall
maintain his lot from noxious weeds. If any owner fails to maintain landscaping on
such owner's lot in accordance with such requirements,the Association may give the
property owner written notice to perform necessary maintenance within no less than
fifteen(15)days after such notice is given,and if the owner fails to perform such
maintenance work within that time,the Association may have such work done at the
expense of the owner of the lot. If the work is done by the Association at the owner's
expense,the owner shall pay for such work within three(3)days after notice is given
in writing to the owner as to the cost of such work. If the owner fails to pay within
said time and the Association thereafter incurs reasonable attorney's fees and costs in
collecting such amount from the owner,all such attorney's fees and costs incurred
shall likewise be a debt owing by the owner to the Association.
3.11 Building Locations. No building,fence,barn,corral,paddock,or other permanent
structure shall be located on any lot without first obtaining the written consent of the
Architectural Review Board,approving the proposed location.
3.12 Easements. Easements for the installation and maintenance of utilities,trails,
landscaping,and drainage facilities are reserved as shown on the Plat, or those that
may be recorded at a later date. Within these easements,no structure shall be placed
or permitted to remain which may damage or interfere with the installation and
maintenance of utilities,which may change the direction of flow of drainage channels
in the easements which hinders or obstructs the use of the beltway,on which adversely
affects landscaping installed by the Developer. If any landscaping or structure is
installed which violates such requirements,the Association may give the property
owner written notice to remove such landscaping or structure within no less than
fifteen(15)days after such notice is given,and if the owner fails to move the
landscaping or structure within that time,the Association may have such work done at
5
the expense of the owner of the lot. If the work is done by the Association at the
owner's expense,the owner shall pay for such work within three(3)days after notice
is given in writing to the owner as to the cost of such work. In the event of failure to
pay within that time and if the Association thereafter incurs any attorney's fees and
costs in collecting such amount from the owner,all such attorney's fees and costs
incurred shall likewise be a debt owing by the owner to the Association.
(a) The easement area of each lot and all improvements on it shall be maintained
continuously by the owner of the lot,except for those improvements or
landscaping for which the Association,a public authority or utility company is
responsible.
3.13 Maintenance of Exteriors of Residences and Other Buildings. The exteriors of all
residences,barns,sheds,and other buildings within the Subdivision shall be maintained
in good,attractive condition by the owners thereof. All residences shall be repainted
or re-stained periodically as needed. The Association may require an owner to paint
or stain his or her residence and other buildings,and upon such owner's failure to do
so,the Association may cause such residence or other buildings to be painted or
stained and to assess such owner fix the costs incurred thereby. If any owner fails to
maintain the exterior of a building on such owner's lot in accordance with the
foregoing requirements,the Association may give the owner written notice to perform
such work within no less than fifteen(15)days after such notice is given,and if the
owner fails to perform such work within that time,the Association may have such
work done at the expense of the owner. If the work is done by the Association at the
owner's expense,the owner shall pay for such work within three(3)days after notice
is given in writing to the owner as to the cost of such work. If the owner fails to pay
within that time and if the Association thereafter incurs reasonable attorney's fees and
costs in collecting such amount from the owner,all such attorney's fees and costs
incurred shall likewise be a debt owing by the owner to the Association.
3.14 Common Areas and Common Area Improvements. The Association,subject to the
rights of the Owners with respect to their individual Lots,shall be responsible for the
exclusive management and control of the Common Areas and Common Area
Improvements,and shall keep the same in good,clean,attractive and sanitary
condition. Additionally,Lot owners whose property line is adjacent to the Common
Beltway will be responsible to keep that portion of the beltway in good,clean,
attractive,weed free and sanitary condition.
(a) In the event that the Association,or any successor organization fails to
manage and control the common areas and common area improvements
and fail to keep the same in good,clean and reasonable condition,Weld
County may serve written notice to Summit Peaks Estates P.U.D.
Community Association setting forth the manner in which the organization
has failed to maintain the common facilities in reasonable condition,and
said notice shall include a demand that such deficiencies of maintenance be
6
cured within thirty(30)days thereof and shall state the date and place of a
hearing thereon which shall be held within fourteen(14)days of the notice.
At such hearing the county may modify the terms of the original notice as
to deficiencies and may give an extension of time within which they shall be
cured. If the deficiencies set forth in the original notice or in the
modifications thereof are not cured within said thirty days or any extension
thereof,the county,in order to preserve the taxable values of the properties
within the planned unit development and to prevent the common facilities
from becoming a public nuisance,may enter upon said common facilities
and maintain the same for a period of one year. Said entry and
maintenance shall not vest in the public any right to use the common
facilities except when the same is voluntarily dedicated to the public by the
owners. Before the expiration of said year,the county shall,upon its
initiative or upon the written request of the association,theretofore
responsible for the maintenance of the common facilities, call a public
hearing upon notice to such association or to the residents of the planned
unit development to be held by the board designated by the county,at
which hearing such association or the residents of the planned unit
development shall show cause by such maintenance by the county shall not,
at the election of the county,continue for a succeeding year. If the board
designated by the county determines that such association is ready and able
to maintain said common facilities in reasonable condition,the county shall
cease to maintain said common facilities at the end of said year. If the
board designated by the county determines that such association is not
ready and able to maintain said common facilities in a reasonable condition,
the county may,in its discretion,continue to maintain said common
facilities during the next succeeding year and, subject to a similar hearing
and determination,in each year thereafter.
(b) The cost of such maintenance by the county shall me paid by the owners of
properties within the planned unit development that have a right of
enjoyment of the common facilities,and any unpaid assessments shall
become a tax lien on said properties. The county shall file a notice of such
lien in the county clerk and recorder upon the properties affected by such
lien within the planned unit development and shall certify such unpaid
assessments to the board of county commissioners and county treasurer for
collection,enforcement,and remittance in the manner provided by law for
the collection,enforcement,and remittance of general property taxes.
3.6 Title to Common Facilities. The Developer may retain legal title to all or part of the
Common Facilities until such time as,in the opinion of the Developer,the Association
is able to maintain the same. However,the Developer shall convey the Common
Facilities to the Association not later than thirty(30)days after the date when the
Developer has released ownership of lots 1 through 10 within the Subdivision,
exclusive of the Common Facilities and dedicated streets and easements. In this
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regard,the Developer shall deed Open Space A and Open Space B to the Association.
The Developer shall deed the streets to Weld County. The other Common Facilities
shall be located within the easement areas shown on the Plat,and the Association shall
be deemed the grantee/beneficiary of such easement rights.
3.7 Subdivision and Combining of Lots. Lots 1 - 10 may not be divided or subdivided or
a fractional portion thereof sold or conveyed so as to be held in divided ownership.
Except that adjoining Lot Owners may sell or purchase adjoining property to
accomplish relocation of the boundary line between such Lots if first approved in
writing by the Architectural Review Board. In such cases,the new boundary line thus
established shall be deemed a new boundary line between the respective Lots but no
setback line or easement established with respect to the former boundary line shall be
shifted or changed by reason of the change of boundary line.
3.8 General Common Properties.
(a) No noxious or offensive activity shall be carried on at any of the Common
Facilities,nor shall anything be done or placed therein which may be or become
a nuisance or cause unreasonable embarrassment,disturbance or annoyance to
owners in the enjoyment of their Lots or the Common Facilities.
(b) All uses of Common Facilities shall be subject to rules and regulations of the
Association as promulgated and revised by the directors thereof from time to
time.
(c) Uses of the undeveloped and unimproved Common Facilities shall be limited to
those activities which do not materially injure or scar the Common Areas or
•
the vegetation thereon,substantially increase the cost of maintenance thereof,
or cause unreasonable embarrassment,disturbance or annoyance to Owners in
their enjoyment of their Lot or the Common Areas unless sanctioned or
approved by the Architectural Review Board.
3.18 Extent of Member's Rights. The rights of enjoyment of the Common Facilities shall
be subject to the following:
(a) The right of the Association,as provided by its Articles or Bylaws,to suspend
the enjoyment rights of any member for any period during which any
assessment remains unpaid;and for any period not to exceed thirty(30)days
for any infraction of its published rules and regulations;and
(b) The right of the Association to dedicate or transfer all or any part of the
Common Facilities to any public agency,authority,or utility for such purposes,
and subject to such conditions, as it may agree to,provided that no such
dedication or transfer, shall be effective unless approved by the assent of fifty
one percent(51%)of the members upon written ballot. The ballot shall be sent
to all members at least thirty(30)days in advance of the vote thereof which
shall set forth the reasons for such proposed action.
(c) The right of the Association to limit the number of guests of members and the
circumstances under which guests may use the Common Facilities.
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3.19 Nuisances. No noxious or offensive activities shall be carried on upon any lot,nor
shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
3.20 Temporary Structures. No structure of a temporary character,trailer,basement,
tent, storage shed or shelter,garage,barn or other outbuilding shall be permitted on
any lot at any time,either temporarily or permanently,except during the process of the
initial home construction,or as approved by the Architectural Review Board.(See
Article 4.6)
3.21 Animals/Pets. Except as set forth below in this Section 3.21,no animals,livestock,
birds,or poultry of any kind shall be raised,bred or kept on any lot,except that three
(3)dogs and three(3)cats and other indoor,household pets may be kept if they are
not kept,bred,or maintained for any commercial purpose. The Association shall
promulgate rules and regulations concerning animals. No animals shall be allowed to
remain tied or chained upon the Common Facilities,and any animal so tied or chained
may be removed by the Association or its agents. Pets may be walked on the
Common Facilities only when attached by a leash to an owner's hand and when the owner carries a device for the immediate removal of its pet's feces. My pet
constituting a nuisance may be ordered by the Association to be kept within the
enclosed portion of its owner's lot,or ordered expelled from the Subdivision. Each
owner shall be responsible for any damage caused by his or her animals. No animal
shall be allowed if such animal constitutes an unreasonable annoyance,inconvenience
or nuisance to any other Owner. If the Association receives any complaint that an
animal constitutes an unreasonable annoyance,inconvenience or nuisance the
Association shall afford the Owner of such animal notice and opportunity for hearing,
and if the Association finds that such animal constitutes an unreasonable annoyance,
inconvenience or nuisance,the Association may require that such animal be removed
from the Subdivision.
(a)Shelters. Owners shall provide shelters for animals that match or compliment
the exterior construction of the primary residence. Said shelters must be approved by
the Architectural Review Board. In addition Owners shall be responsible for keeping the shelter and shelter area in a clean and sanitary condition at all times. Non-
compliance will result with the Association having the authority to hire a cleaning
service to maintain the area at the owner's expense. If the work is done by the
Association at the owner's expense,the owner shall pay for such work within three(3)
days after notice is given in writing to the owner as to the cost of such work. If the
owner fails to pay within that time and if the Association thereafter incurs reasonable
attorney's fees and costs in collecting such amount from the owner,all such attorney's
fees and costs incurred shall likewise be a debt owing by the owner to the Association.
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Aside from dogs,cats,and indoor,household pets,the number of animals allowed on each
lot shall be subject to the following schedule.
Kinds and classes of animals Animal-Unit
Cow or bull older than 1 year 1.0
Cow less than 1 year old .75
Horse,older than 1 year 1.0
Horse,less than 1 year .50
Individual Sheep,older than 1 year .50
Individual Lamb,less than 1 year .25
Goat,older than 1 year 1.0
Kid,less than 1 year .50
Llama,older than 1 year 1.0
Llama(cria),less than 1 year old .50
Fowl .30
Rabbits .20
Swine 1.0
Bison(limited to lots 11 & 12) 1.25
Elk(limited to lots 11 & 12) 1.25
Maximum allowable Animal units per lot:
Lots 1-10: 2.5 animal units per lot
Lots 11 & 12 25 animal units per lot
3.22 Livestock Area. All livestock areas at all times shall be maintained to prevent
nuisance conditions. Lot owners and the Association,when maintaining Lots and
Common Open Areas,shall remove,handle and stockpile manure from the livestock
area in a manner that eliminates odors,flies,insect pests or pollutant runoff.
3.23 This declaration shall include Weld County's Right to Farm Covenant.
See Appendix B.
3.24 Overgrazing, Owners shall not allow overgrazing of any pasture area on any lot. A
pasture area shall be deemed overgrazed if the vegetation on it averages less than two
(2")in height. If a pasture is overgrazed,the Association may require the owner of
such pasture to replant it and thereafter control the access to the pasture by such
owner's livestock to prevent overgrazing. If an owner fails or neglects to cure an
overgrazing problem,the Association shall have the authority to terminate such
owner's right to keep livestock on the lot. Each owner who keeps livestock on a lot
shall maintain a holding corraUcontainment area for the animals listed above.
3.25 Holding Corral. The corral,cannot exceed 10%of the land area for the lot(i.e. 2.5
acres equals.25 corral area maximum)and must be within the allowable building
envelope as designated on the plat. Such containment area must be located in the rear
tU
. . . . . . . . _ . _ _ _ . _ . _ _ . . . . _ . . . . . . . . _ . . _ _ . . . . _ . _ _ .. _ .. . .
of the lot(Except lots 11 & 12)and must be approved by the Architectural Review
Board.
3.26 Open Space Beltway. There will be an Open Space Beltway,designated Open
Space B,as shown on the Plat. Owners,family and guests will be able to use the trail
for the purpose of horseback riding,hiking,jogging,bicycling,cross country skiing,
etc. Individuals may be accompanied by no more than two dogs per individual,so
long as each dog is restrained by a leash attached to the owner's hand and the owner
carries a device for the immediate removal of the pet's feces. Bicycles will be allowed
but no other vehicle of any kind,whether or not powered by an engine of any nature,
shall be allowed on any trail at any time;this prohibition shall include,but shall not be
limited to,motorcycles,all terrain vehicles, snowmobiles,automobiles,and so on.
Such prohibition shall not apply to motorized vehicles used in the maintenance of the
Common Open Space,ditches,and other Common Facilities.
3.27 Sight Distance at Intersections. No fence,wall,hedge or shrub planting which
obstructs site lines at elevations between 2 and 6 feet above the roadway shall be
placed or permitted to remain on any corner lot within the triangular area formed by
the street property lines and a line connecting them at points 25 feet from the
intersection of the property lines extended.The same site line limitations shall apply on
any lot within 10 feet from the intersection of a street property line within the edge of
a driveway pavement. No tree shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained at a sufficient height to prevent
obstruction of such sight line.
3.28 Aerials-Antennas. No television antenna,radio antenna,aerial or similar equipment
of any design shall be mounted on the exterior of any building or erected on any other
portion of any lot. No activity shall be conducted on any lot which interferes with
television or radio reception on any other lot.
3.29 Satellite Dishes. Satellite dishes may be installed and maintained if screened from
the view of other owners and occupiers of lots. The location and screening method
for each satellite dish must be approved in advance by the Architectural Review
Board.
3.30 Fencing. No fence shall be erected on any lot within the Subdivision except as
approved in advance by the Architectural Review Board. For perimeter fences that
border on a street and property lines,the fence shall be three(3)rails,white vinyl or as
approved by the Architectural Review Board. Privacy fence not to exceed 50'total
linear feet and must be adjacent to buildings or as approved by the Architecture
Review Board. Except lots 11 & 12.
3.31 Unsightly Uses. All lots shall at all times be maintained in a clean and sanitary
condition,and no litter or debris shall be deposited or allowed to accumulate on any
lot. All landscaping,including grass,shall be irrigated,trimmed and maintained in
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good condition at all times. Recycling animal waste,grass and other compost
ingredients for gardening and soil rejuvenation will be encouraged. However,
unattended waste piles that create health hazards will be forbidden. Refuse piles and
other unsightly objects or materials shall not be allowed to be placed or to remain
upon any lot. Trash containers shall be placed on the curb and returned from the curb
only on pickup days. Nothing unsightly shall be hung from windows,railings or
fences.
3.32 Trash Removal. All residents within the Subdivision shall have their trash picked up
by the same trash-hauling company,on the same day of the week. At each annual
meeting of the Association,the Association shall pick the trash-hauling company and
the day of the week for the upcoming year. Nothing in this Section 3.29 shall prohibit
a resident within the Subdivision from hauling trash or debris for himself or herself
Each resident within the Subdivision shall be separately liable for the trash-hauling
charges attributable to his or her lot.
3.33 Mineral Exploration. No property within Summit Peaks Estates P.U.D. shall be used
by surface property owners to explore for or to remove any oil,gas,gravel, soil or •
minerals of any sort.
3.34 Home Occupations. The conduct of a home occupation within a residence in Summit
Peak Estates P.U.D. shall be considered accessory to the residential use and not a
violation of these Covenants provided that the following requirements are met:
(a) Such home occupation shall be conducted only within the interior of the
dwelling and shall not occupy more than twenty-five percent(25%)of the
floor area within the dwelling.
(b)The home occupation shall be conducted only by the residents of the
dwelling.
(c) No retail sales shall be conducted on the lot.
(d)No evidence of a home occupation shall be visible from outside the
dwelling unit.
3.32 Disabled Vehicles. Disabled automobiles shall not be stored on streets,driveways,or
lots within the Subdivision. No person shall repair or rebuild any vehicle within the
Subdivision,except within a garage. Cars allowed on driveways in the Subdivision
must at all times be operable,currently licensed, and maintain a current inspection
sticker(if such inspection is required by a governmental entity).
3.33 Automobile,Machinery,Equipment,Boat and Camper Parking. No unsightly article
shall be permitted to remain on any lot as to be visible from adjoining property or
public or drive through fares. Without limiting the generality of the foregoing,trailers,
trucks,RV;s,campers,machinery,equipment,tractors,boats,lumber,etc.,shall be
kept at all times,except when in use, in the garage or kept behind the front line of the
dwelling unit which fully hides them from the view of the public and neighbors.
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3.34 No parking of any vehicles on the streets.
3.35 Restrictions on Leasing of Residences. An owner may lease his residence subject
only to the following restrictions:
(a)No lot owner may lease less than the entire residence.
(b) Any lease agreement shall be required to provide that the terms of this
lease shall be subject in all respects to the provisions of this
Declaration,and the Bylaws of the Association,and that any failure by
the lessee to comply with the terms of such documents shall be a
default under the lease.
(c) All leases shall be in writing and for a term not less than thirty(30)
days.
3.35 Hazardous Materials. Storage,use or disposal of hazardous or radioactive materials
within the Property is prohibited,unless specifically approved in advance by the
Architectural Review Board.
3.36 Other Wastes. All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination. No
permanent disposal of wastes shall be permitted at this site. Waste materials shall be
handled, stored,and disposed in a manner that controls fugitive dust,blowing debris,
and other potential nuisance conditions.
3.37 Solar Devices. The utilization of passive or active solar energy devices is
encouraged. However,all solar devices must either be architecturally and aesthetically
integrated into the structure they serve or be screened from the view of the street and
adjacent lots and streets. All solar devices, and their placement,must be approved by
the Architectural Review Board.
3.38 Outside Lighting. Any exterior lighting installed on any lot or outlet shall be indirect
or of such controlled focus or intensity as not to disturb the residents of adjacent
properties.
3.39 Entranceways. Entranceway shall include a culvert at least twenty four inches(24")
in diameter. The ditch leading to and from the culvert shall be lined with rocks 10' in
both directions.
3.40 Mailboxes. Mailboxes must be attached or enclosed within a brick or stone pedestal
and located adjacent to entranceways.
3.41 Signs. No signs whatsoever shall be permitted within any Lot,with the exception of
those listed below:
(a) Signs required by legal proceedings.
(b)Residential identification signs constructed of materials which are
compatible with the architecture of the area,and those shall be subject
to approval of the Architectural Review Board prior to erection
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thereof Such signs shall not exceed a total face area of nine(9)
square feet.
(c) Signs of the type usually used by contractors,subcontractors and
tradesmen may be erected during the authorized time of construction;
provided that such signs are the style,color,and material approved by
Declarant and to not exceed a total face area of nine(9)square feet.
(d)For Sale Signs on vacant Lots or for homes under construction must be
the style,color,and materials approved by Declarant. With reference
to For Sale or For Rent signs for residential re-sales,the same may be
erected upon a Lot,provided that no more than one sign is erected and
that such sign does not exceed a total face area of nine(9)square feet
unless otherwise approved in advance in writing by the Architectural
Review Board.
(e) No sign shall exceed a height of four(4)feet from grade.
(0 The Architectural Review Board shall have the right to promulgate
standards for the color,style,materials,and location of the foregoing
signs(except signs required by legal proceedings)and in such event,all
signs shall conform therewith.
(g)Developer may install a temporary sign indicating lots for sale until lots
1-10 are sold. Such sign will not be subject to a total face area
requirement.
3.43 Curtains. No owner shall place on or about any window any metallic foil or other
coating,substance or material which similarly acts as a reflector of light, other than as
may be permitted by the Architectural Review Board.
3.44 No exterior horns,whistles,bells or other sound devices except security devices
used exclusively to protect the security of dwellings and other improvements located
thereon or essential to the function of community services shall be placed or used on
any Lot or on the General Common Areas.
ARTICLE IV-ARCHITECTURAL STANDARDS
4.1 Restrictions. No building,barn, corral,shed, storage structure,awning,fence or any
other structure shall be erected,placed or altered on any lot,nor shall there be any
external modifications to any such structure,until the plans and landscaping
specifications showing the nature,kind,shape,height,materials and location of the
same have been submitted to and approved in advance by the Architectural Review
Board in writing. No landscaping shall be installed on any lot,or altered thereafter,
unless a landscaping plan showing the nature,type,height,and location of the
proposed landscaping improvements has been submitted to and approved in advance
by the Architectural Review Board,in writing. Without limiting the generality of the
foregoing,prior approval of the Board must be obtained for any of the following:(I)
14
attachments to the exterior of a structure,(II)installation of greenhouses,(HI)
installation of patio covers,landscaping,screening,trellises and the like,(IV)change
in exterior paint colors,(V)installation of any barn,corral, shed,or storage building
and,(VI)any other exterior change,including cosmetic changes such as garage doors,
shutters and the like. The authority of the Architectural Review Board shall extend to
the quality,workmanship and materials for any structure proposed;conformity and
harmony of exterior design and finish with existing structures within the Subdivision;
location of all structures with respect to the existing buildings,topography and finished
ground elevation;and all other matters required to assure that such structures enhance
the quality of the Subdivision and are erected in accordance with the plan for the
Subdivision. No metal buildings shall be permitted unless the Board approves.
4.2 Guidelines and Rules. The Architectural Review Board shall adopt Guidelines and
Rules governing the type of structures to be permitted in the Subdivision,permitted
construction materials and the like. These Guidelines and Rules are made for the
purpose of creating and keeping the Subdivision, so far as possible,desirable,
attractive,beneficial,uniform,and suitable in architectural design,materials and
appearance;limiting the use of lots to single family residential buildings,guarding
against unnecessary interference with the natural beauty of the Subdivision;and
prohibiting improper uses of adjoining properties in the Subdivision,all for the mutual
benefits and protection of all owners.
Approval shall be based,among other things,on: suitability of exterior design,colors,
and materials,relation of the proposed improvements to the natural topography,grade
and finished ground elevation;relation of the structure to that of neighboring
structures and natural features of the Property;and conformity of the plans and
specifications to the purpose and general plan and intent of these restrictions. The
Board shall have the right to require and approve landscaping plans. The Board shall
not arbitrarily or unreasonably withhold its approval of such plans and specifications.
4.3 Commencing and Finishing Construction. Once construction of any structure is
commenced on any lot,with the prior approval of the Architectural Review Board,
such structure must be diligently continued and completed in accordance with the
plans and specifications approved by the Board,within nine months of
commencement,or such longer time as Board has reasonably consented to,in light of
the nature of the project or other factors. Commencement of construction shall be
deemed to commence with the first substantial construction activity(including
earthwork).
4.4 Rebuilding. Any structure which is destroyed in whole or in part by fire,windstorm or
from any other cause or act of God must be rebuilt,or all debris must be removed and
the lot restored to a sightly condition,within six months of the time the damage
occurs.
4.5 Principal Dwelling Size and Configuration.
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(a) All dwelling units shall have a minimum of 2000 square feet of living
area exclusive of one-story open patios,breezeways, lofts,decks,
stoops,porches,balconies,crawl spaces,basements and garages.
(b) The ground floor area of a two(2)story dwelling shall not be less than
1400 square feet occlusive of one story open patios,porticoes,
breezeways,porches,stoops,porte cocheres,balconies,decks,lofts,
crawl spaces,basements and garages.
(c) The maximum height of any dwelling unit shall not exceed thirty feet
measured from the front elevation.
(d) No building shall exceed 2 stories as viewed from the street. One
lower level is allowed and may be exposed to daylight provided it does
not face the street.
(e) No flat roofs,earth bermed structures,or geodesic domes are allowed.
•
4.6 Fixed Location. All residences within Summit Peak Estates shall be fixed location
homes constructed on the premises,and no previously constructed building or
structure shall be placed on any lot.
Note:A temporary structure may be utilized during initial construction of primary
residence. This structure may not be utilized for longer than nine(9)months from start
of Construction
4.7 Exterior. No less than 40%of the exterior area of every residence shall be of brick,
stone or masonry or of a substance and/or design to be aesthetically and monetarily
equal to 40%brick. All roofing materials shall be tile,heavy designed asphalt or
appropriate material as determined by Architectural Review Board.
4.8 Garages and Parking. Each Residence shall include a garage having space for not less
than two automobiles. An additional garage may be constructed if approved by the
Architectural Review Board.
4.9 Underground lines. All electric,telephone,television and other utility lines shall be
placed underground when extended from the street or Lot line to any dwelling or other
improvement on a Lot.
4.10 Residential Sprinkler Systems. All residences shall have installed internal residential
sprinkler systems for fire protection suppression.
4.11 Building Permits. No building permit shall be issued by the county or any other local
government for construction of any new residential dwelling unit until the applicant
has paid a$427.00 cash in lieu fee to St. Vrain Valley School District RE-IJ
4.12 Materials and Workmanship. All improvements shall be constructed of good and
suitable materials,and all workmanship shall result in first class construction and shall
be accomplished in a good and workmanlike manner.
16
4.13 Accessory Buildings. Barns,as well as small sheds for storage of lawn furniture,
yard equipment,gardening equipment,and similar type items,which are well
constructed and neat of appearance,shall be permitted,providing the size,design,and
location of said structure matches or compliments the exterior construction of the
primary residence,and shall be subject to prior approval by the Architectural Review
Board. No more than two(2)accessory buildings,not exceeding 1200 square feet in
size will be allowed on each lot unless approved by the Board. Except lots 11& 12.
4.14 Setbacks. Setbacks shall be shown on the plat. Other than pasture type fences,no
building,roads,materials,vehicles,equipment or structures of any kind may be built or
stored within the setback areas.
4.15 Propane Tanks. Propane tanks must be hidden from the view of the public and
neighbors.
ARTICLE V-ARCHITECTURAL REVIEW BOARD
5.1 Establishment and Membership of Architectural Review Board. An Architectural
Review Board has been established by Developer. The Architectural Review Board
shall continue until such time as the Association may be dissolved. The Architectural
Review Board shall initially consist of three(3)members,being Doug Cummings,
Diana Cummings and Larry Kaylor. Until all lots within the subdivision have been
sold by the Developer,or December 31,2005,whichever date occurs first,the
Developer shall appoint the Board. The Association shall name the members of the
Board,once the Developer's exclusive right to do so ceases.
Members of the Board appointed by Developer may be removed at any time by
Developer and shall serve until they resign or are removed by Developer. Members of
the Board appointed by the Association may be removed at any time by the
Association,and shall serve for such term as may be designated by the Association or
until they resign or are removed by the Association.
5.2 Address of Architectural Review Board. The address of the Board shall be at the
principal office of the Association.
5.3 Submission of Plans. Prior to commencement of work to accomplish any proposed
improvement to property("Applicant")shall submit to the Architectural Review
Board at its offices such descriptions,surveys,plot plans,drainage plans,elevation
drawings,landscaping plans,construction plans,specifications and samples of
materials and colors as the Board shall reasonably request showing the nature,kind,
shape, height,width,color,materials,and location of the proposed improvement to
property. The Applicant shall be entitled to receive a receipt for the same from the
Board or its authorized agent. The Board may require submission of additional plans,
specification or other information prior to approving or disapproving the proposed
17
improvement to property,the Board may postpone review of any materials submitted
for approval.
5.5 Criteria for Approval. The Architectural Review Board shall approve any proposed
improvement to property only if it deems in its reasonable discretion that the
improvement to property in the location indicated will not be detrimental to the
appearance of the surrounding areas of the development as a whole;that the
appearance of the proposed improvement to property will be in harmony with the
surrounding areas of the development area;that the improvement to the property will
not detract from the beauty,wholesomeness and attractiveness of the development
area or the enjoyment thereof by Owners;and that the upkeep and maintenance of the
proposed improvement to property will not become a burden on the Community
Association. The Board may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Board may deem appropriate.
5.6 Architectural Review Board Guidelines or Rules. The Architectural Review Board
shall issue guidelines or rules relating to the procedures,materials to be submitted and
additional factors which will be taken into consideration in connection with the
approval of any proposed improvement to property.
5.7 Architectural Review Fees. The Architectural Review Board may,in its guidelines or
rules,provide for payment of fees to accompany each request for approval of any
proposed improvement to property. The Board may provide that the amount of such
fees shall be uniform for similar types of any proposed improvement to property,or
the fees may be determined in any other reasonable manner,such as based upon the
reasonable cost of the proposed improvement to property.
5.8 Decision of Architectural Review Board. The decision of the Board shall be made
within thirty(30)days after receipt of all materials required. The decision shall be in
writing and,if the decision is not to approve a proposed improvement to property,the
reason therefore shall be stated. The decision of the Board shall be promptly
transmitted to the Applicant at the address furnished by the Applicant.
5.9 Failure of Architectural Review Board to Act on Plans. Any request for approval of a
proposed improvement to property shall be deemed approved as proposed,unless
disapproval or a request for additional information or materials is transmitted to the
Applicant by the Board within thirty(30)days after the date of receipt by the Board of
all required materials.
5.10 Notice of Completion. Promptly upon completion of the improvement to property,
the Applicant shall give written notice of completion to the Architectural Review
Board and,for all purposes hereunder,the date of receipt of such notice of completion
by the Board shall be deemed to be the date of completion of such improvement to
property.
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. . . _ . . .. .. . . _ _ _ . . . . . _ _ . . _ . . . _ . . _ . . .. . . . _ . .. . _ . _ .
5.11 Inspection of Work. The Architectural Review Board or its duly authorized
representative shall have the right to inspect any improvement to property prior to or
after completion,provided that the right of inspection shall terminate thirty(30 days
after the Board shall have received a notice of completion from the applicant.
5.12 Notice of Noncompliance. If,as a result of inspections or otherwise,the
Architectural Review Board finds that any improvement to property has been done
without obtaining the approval of the Board or was not done in substantial compliance
with the description and materials furnished by the Applicant to the Board or was not
completed within one year after the date of approval by the Board,the Board shall
notify the applicant in writing of the noncompliance which notice shall be given,in any
event,within thirty(30)days after the Board receives a notice of completion from the
applicant. The notice shall specify the particulars of the noncompliance and shall
require the Applicant to take such action as may be necessary to remedy the
noncompliance.
5.13 Failure of Architectural Review Board to Act After Completion. If,for any reason
other than the Applicant's act of neglect,the Board fails to notify the Applicant of any
noncompliance within thirty(30)days after receipt by the Board of written notice of
completion from the Applicant,the improvement to property shall be deemed in
compliance if the improvement to property was,in fact,completed as of the date of
notice of completion.
5.14 Correction of Noncompliance. If the Architectural Review Board determines that a
noncompliance exists,the Applicant shall remedy or remove the same within a period
of not more than forty-five(45)days from the date of receipt by the Applicant of the
ruling of the Board. If the Applicant does not comply with the Board's ruling within
such period,the matter may be referred to the Association, and the Association may,
in its discretion,record a notice of noncompliance against the real property on which
the noncompliance exists,may institute judicial proceedings to allow it to remove the
noncomplying improvement,or may otherwise remedy the noncompliance,and the
Applicant shall reimburse the Association,upon demand,for all expenses incurred
therewith. If such expenses are not promptly repaid by the Applicant or owner to the
Association,the Association may levy a reimbursement assessment against the owner
for such costs and expenses. The right of the Association to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the
Association may have at law,in equity,or under this Declaration.
5.15 No Implied Waiver or Estoppel. No action or failure to act by the Architectural
Review Board or by the Association shall constitute a waiver or estoppel with respect
to future action by the Architectural Review Board or the Association with respect to
any improvement to property. Specifically,the approval by the Board of any
improvement to property shall not constitute approval of,or obligate the Board to
approve any similar proposals, plans,specifications or other materials submitted with
respect to any other proposed improvement.
19
•
5.16 Architectural Review Board Power to Grant Variances. The Board may authorize
variances from compliance with any of the provisions of this Declaration or any
Supplemental Declaration,including restrictions upon height, size,floor area or
placement of structures or similar restrictions,when circumstances such as
topography,natural obstructions,hardship,aesthetic or environmental considerations
may require. Such variances must be evidenced in writing and shall be come effective
when signed by as least a majority of the members of the Board. If any such variance
is granted,no violation of the provisions of this Declaration or any Supplemental
Declaration shall be deemed to have occurred with respect to the matter for which the
variance was granted;provided,however,that the granting of a variance shall not
operate to waive any of the provisions of this Declaration or any Supplemental
Declaration for any purpose except as to the particular property and particular
provision hereof covered by the variance,nor shall the granting of a variance affect in
any way the owner's obligation to comply with all governmental laws and regulations
affecting the Property concerned,including,but not limited to zoning ordinances and
setback lines or requirements imposed by any governmental authority having
jurisdiction.
Any variance granted to a landowner shall inure to the benefit of any subsequent
landowner of the same lot,and such subsequent landowner shall be entitled to utilize
the variance in the same manner,and under the same conditions as the landowner who
originally was approved for the variance. However,no other lot owner within the
subdivision shall be entitled to rely upon the granting of a variance on another
landowner's property and shall be required to make application for and be approved
for any variance by the Board.
5.1 Compensation of Members. Members of the Architectural Review Board shall receive
no compensation for services rendered,except for its professional members,who shall
be reasonably compensated for their services. All members shall receive
reimbursement of out of pocket expenses incurred by them in the performance of their
duties hereunder.
5.2 Meetings of Architectural Review Board. The Architectural Review Board shall meet
from time to time as necessary to perform its duties hereunder. The Board may,from
time to time,by resolution in writing adopted by a majority of the members,designate
a Architectural Review Board Representative(who may,but need not,be one of its
members)to take any action or perform any duties for or on behalf of the
Architectural Review Board,except the granting of approval to any improvement to
property and granting of variances. The action of such Architectural Review Board
Representative within the authority of such Architectural Review Board
Representative or written consent or the vote of a majority of the members of the
Architectural Review Board shall constitute action of the Architectural Review Board.
20
5.3 Records of Actions. The Architectural Review Board shall report in writing to the
Association all final actions of the Architectural Review Board and the Board shall
keep a permanent record of such reported actions.
5.4 Estoppel Certificates. The Association shall,upon the reasonable request of any
interested party and after confirming any necessary facts with the Architectural Review
Board,furnish a certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement to property was
made in compliance herewith. Any person without actual notice to the contrary shall
be entitled to rely on said certificate with respect to all matters set forth therein.
5.5 Nonliability for Architectural Review Board Action. None of the Architectural
Review Board,any member of the Architectural Review Board,any Architectural
Review Board Representative,any member of the Association or Developer 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 Architectural Review Board unless due to the willful
misconduct or bad faith of the party to be held liable. In reviewing any matter,the
Board shall not be responsible for reviewing,nor shall its approval of,an improvement
to property be deemed approval of the improvement to property from the standpoint
of safety,whether structural or otherwise, or conformance with building codes or
other governmental laws or regulations.
ARTICLE VI-THE ASSOCIATION
6.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be
governed and administered by the Articles of Incorporation and Bylaws of the Summit
Peaks Estates P.U.D.Community Association and by the Declaration. In the event of
a conflict between the provisions of this Declaration and the Articles of Incorporation
or the Bylaws of the Association,the terms of this Declaration shall be controlling.
6.2 Membership and Voting Rights.
a. Membership. Every person or entity who is an owner of a fee,or undivided
interest in any lot within the property shall automatically 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.
Membership shall be appurtenant to and may not be separated from ownership
of any lot.
b. Voting Rights. The Association shall have one(1)class of voting membership
which shall be all of the Owners as defined in 6.2.a. Members shall be entitled
to one(1)vote for each lot owned. When more than one(1)person holds an
ownership interest or interests in any Lot,all such persons shall be members,
and the vote provided for herein shall be exercised as they among themselves
determine. In no event shall more than one(I)vote be cast with respect to any
Lot.
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c. Voting Representatives. When voting procedures are not otherwise specified,
members shall cast their votes in the Association through duly elected
representatives as provided in the By-Laws of the Association.
6.3 Examination of Books by First Mortgagee. The holder of any recorded first mortgage
or deed of trust on a lot in the Subdivision will,upon request,be entitled to:
a. inspect the books and records of the Association during normal business
hours;and
b. receive an annual financial statement of the Association within ninety(90)days
following the end of each fiscal year of the Association;and
c. written notice of all meetings of the Association and shall be permitted to
designate a representative to attend all such meetings.
6.4 Powers. The Association shall be granted alt of the powers necessary to govern,
manage,maintain,repair,administer and regulate the Common Facilities and to
perform all of the duties required of it. Notwithstanding the above,unless at least
seventy-five percent(75%)of the first mortgagees of lots(based upon one vote for
each first mortgage owned or held)have given their prior,written approval,the
Association shall not be empowered or entitled to.
a. by act or omission,seek to abandon or terminate the Declaration.
b. by act or omission, seek to abandon,partition, subdivide,encumber,sell or
transfer the Common Facilities.
c. use hazard insurance proceeds for loss to the Common Facilities improvements
for other than repair,replacement or reconstruction of such improvements.
6.5 Common Facilities Maintenance and Operation. The maintenance and operation of the
Common Facilities shall be the responsibility and the expense of the Association,and
the costs therefor shall be a common expense of all the lot owners.
6.6 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any
Lot within the Property,by acceptance of any deed therefore,whether or not it shall
be so expressed therein,or by acceptance of any other conveyance thereof(except a
conveyance in connection with the establishment of a mortgage)shall be required to
covenant and agree to pay to the Association (I)annual assessments;(2)special
assessments for capital improvements or maintenance thereof; (3)special assessments
in connection with an owner's failure to perform the required exterior maintenance or
improvement of his property;and (4)special assessments to provide for costs
incurred by virtue of unforeseen emergencies. The annual assessment or charges may,
at the discretion of the Directors,include a reserve for:future capital improvements to
the Common Facilities,replacement of and repairs to the improvements located on the
Common Facilities;and exterior maintenance as provided for in 6.10 of Article VI. All
assessments herein provided for shall be assessed by the Association. The assessment
shall be levied on an annual basis,and a special assessment may be levied from time to
time when and as determined by the Directors of the Association in accordance with
22
its By-Laws. All the assessments described above,together with such interest thereon
and costs of collection thereof as hereinafter provided, shall•be a charge of the land
and shall be a continuing lien upon the property against which such assessment is
made,subject to foreclosure in accordance with applicable law,but any such lien shall
be subordinate to any valid mortgages or deeds of trust affecting such property. Each
such assessment,together with such interest thereon and costs of collection thereof
shall also be the personal obligation of the person or persons who,are the Owner(s)of
such property at the time when the assessment falls due,and in the event that there is
more than one Owner thereof,such obligations shall be joint and several. In no event
shall the Declarant be obligated to pay any annual or special assessments for any Lot
owned by Declarant within the Property.
6.7 Purpose and Use of Annual Assessments or Charges. The annual assessments or
charges levied under this Article VI,section 6.6 above,shall be used exclusively for
the purposes of promoting the recreation,health, safety and welfare of the residents of
the property, and in particular: (1)for the acquisition of improvements to and
maintenance of the Common Facilities(including,but not limited to,the payment of
taxes and insurance thereof,and the repair,replacement and additions thereof,the cost
of labor,equipment, material),management and supervision thereof;and(2)for the
provisions of services to the Owners,including,but not limited to,garbage and trash
collection,security services and for such other needs of the Association and Owners as
may arise,including a reasonable provision for contingencies and replacements. It
shall be the obligation of the Association as all times to keep all of the Common
Facilities in good condition and to properly maintain the same.
6.8 Special Assessments for Capital Improvements and Emergencies. In addition to the
annual assessments described above,the Association may levy in any assessment year
a special assessment,applicable to that year only,for the purpose of defraying in
whole or in part the cost of any construction or reconstruction;any unexpected repair
or replacement of a described capital improvement upon the Common Facilities,
including the necessary fixtures and personal property related thereto;and any
construction or reconstruction,unexpected repair or replacement,including land
rehabilitation and restoration,due to any emergencies. The special assessments
provided for hereunder shall be limited to the annual sums described in Section 6.9 of
this Article VI.
6.9 Capital Contributions for Improvements,Repairs,and Replacements. In addition to
the annual or special assessments described above,the Association may levy in any
assessment year,either as part or aside as a reserve for future capital expenditures,
assessments to collect Rinds for major repairs to or replacements of improvements
located on the Common Facilities or for the future construction of improvements on
the Common Facilities. Any funds so collected shall be designated by the Directors as
capital contributions to the Association by the members thereof and shall be
segregated and placed in a separate bank account of the Association to be utilized
solely for the purposes aforesaid. The special assessment described in Section 6.8 of
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this Article VI and the capital contribution described in the Section 6.9 shall be subject
to the limitation that the combined special assessment and capital contribution in any
single calendar year shall not exceed one thousand dollars($1,000)per Lot without
the consent of seventy five percent(75%)of the members of the Association.
6.10 Due Date of Commencement and Determination of Annual Assessments and
Assessment Deposit. The annual assessments shall be due and payable on October 1'
of every year. Assessments shall be on a full calendar year basis. The Directors shall
fix the amount of the annual assessment against each lot by estimating the net charges
and expenses to be incurred by the Association for the purposes set forth in this
Declaration. The annual and special assessments shall be in such amounts as are fixed
by the Directors of the Association as aforesaid, and shall be without limitation.
Separate due dates may be established by the Directors for special assessments,as
defined hereunder,as long as such dates are set thirty(30)days in advance of special
assessments. Written notice of the annual and any special assessments shall be sent to
every Owner subject thereto as soon as the amounts are determined.
6.11 Effect of Non-Payment of Assessments and Personal Liability of Owner. If an
assessment is not paid on the date when.due(being the date specified in Section 6.10
hereof),then such assessment shall become delinquent and shall,together with such
interest thereon and costs of collection thereof,as hereinafter provided,thereupon
become a continuing lien on the property of the Owner which shall bind such property
in the hands of the then Owner, his heirs,devisees,and personal representatives,
successors and assigns. In addition to the lien rights,it shall be the personal obligation
of the then Owner to pay such assessment and such personal obligation shall continue
even though the Owner's interest in the property shall be transferred.
If the assessment is not paid with thirty(30)days after the due date,the assessment
shall bear interest from the due date at the rate of twenty-one percent(21%)per
annum,and the Association may bring legal action against the Owner personally
obligated to pay the same,or foreclose the lien against the property and there shall be
added to the amount of such assessment all costs incurred by the Association in
foreclosing the lienor in collecting the amount owing,including any reasonable
attorney's fees.
6.12 Subordination of the Lien to Mortgages. As provided aforesaid,the lien of the
assessments provided for herein shall be subordinate to the lien of any mortgages now
or hereafter placed upon the property subject to assessment; provided,however,such
subordination shall apply only to the sale or transfer of such property pursuant to a
decree of foreclosure,or other proceeding in lie of foreclosure. Such sale or transfer
shall not release such property from liability for any assessment thereafter becoming
due,nor from the lien of any such subsequent assessments.
6.13 Liability Insurance. The Association shall be required to maintain liability insurance
insuring against injury to persons or property as a result of use of the Common
24
Facilities including,but not limited to,any loss as a result of the failure of the storm
water drainage systems. Such insurance shall be maintained with a company licensed
to do business in the State of Colorado and shall have minimum limits of liability for
injury or damage to persons or property in the amount of One Million Dollars
($1,000,000.00),with such amount to be adjusted periodically and increased if the
same is required in the reasonable judgment of the Board of Directors of the
Association and if such increased amounts of insurance are available for purchase as
such time.
6.14 Owner's Personal Liability and Property Insurance. An Owner may carry such
property,fire and personal liability insurance as such Owner may desire. It is
understood that the Association policies described herein will provide no insurance
coverage for the Lots or the improvements situate thereon.
6.15 Assessments for Other Charges. The association shall have the right to charge lot
owners for special services provided by the Association to such owner,including,but •
not limited to,those matters set forth in Sections 3.6,3.10, 3.13, 3.21.a of this
Declaration. The Association shall also have the right to charge a lot owner for any
common expense causes by the misconduct of such lot owner,in which event such
expense may be assessed exclusively against such owner. The Association shall have
the right to impose a lien for any such special service charges or charges due to
misconduct that are not paid when due; said lien shall include court costs and
reasonable attorney's fees incurred by the Association in collecting said charges.
6.16 No Other Common Facility Liens. No additional liens,other than mechanics liens,
assessment liens or tax liens,may be obtained against the Common Facilities,and no
other assessments,debts or other obligations are assumed by Lot owners,other than
as set forth herein.
6.17 Report of Default. The Association,upon request,shall report in writing to a first
mortgage of a lot any default in the performance by any lot mortgagor of any
obligation under the Declaration which is not cured within sixty(60)days.
6.18 Release of Lien. The recorded lien may be released by recording a Release of Lien
signed by an officer of the Association on behalf of the Association.
6.19 Lien Subordinate to First Mortgage-Limitations. The lien for special service
charges and assessments provided for herein shall be subordinate to the lien of any first
mortgage or deed of trust now hereafter placed upon the lot subject to assessment;
PROVIDED,HOWEVER,that such subordination shall apply only to the assessments
which have become due and payable prior to a sale or transfer of such lot pursuant to a
decree of foreclosure,or any other proceeding in lieu of foreclosure. Such
foreclosure,or any other proceeding in lieu of foreclosure. Such sale or transfer shall
cause such lot and grantee thereunder to be relieved of liability for such prior
assessments but shall not relieve such lot or grantee from liability from any
25
assessments thereafter becoming due,nor from the lien of any such subsequent
assessment.
6.20 First Mortgage Foreclosure. Notwithstanding any of the terms or provisions of this
Declaration,in the event of any default on the part of an owner under any first
mortgage or first deed of trust which entitles the holder thereof to foreclose the same,
any sale under such foreclosure,including the delivery of a deed in lieu to such first
mortgagee,shall be made free and clear of all then due and owing assessments. No
first mortgagee shall be liable for any unpaid common expense assessments accruing
prior to the time such mortgagee receives a deed to a lot.
6.21 Joint Liability Upon Transfer. Upon payment to the Association of a reasonable fee
not to exceed twenty-five($25),and upon the written request of any owner or any
mortgagee or prospective owner of a lot,the Association shall issue a written
statement setting forth the amount of the unpaid common expenses,if any,with
respect to the subject lot,the amount of the current monthly assessment and the date
that such assessments becomes due,credit for any advanced payments of common
assessments,for prepaid items such as insurance premiums,but not including
accumulated amounts for reserves or sinking funds,if any,which statements shall be
conclusive upon the Association in favor of all persons who rely thereon in good faith.
Unless such request for a statement of indebtedness shall be complied with within
twenty(20)days,all unpaid common expenses which become due prior to the date of
making such requests shall be subordinate to the rights of the person requesting such
statement and in the case of a grantee of such lot,the grantee shall not be liable for,
nor shall the lot conveyed be subject to a lien for any unpaid assessments against said
lot. The provisions set forth in this Section 6.21 shall not apply to the initial sales and
conveyances of the lots made by Declarant,and such sales shall be free from all
common expenses to the date of conveyance.
6.22 Mortgages-Priority. Each owner shall have the right from time to time to mortgage
or encumber his interest by deed of trust,mortgage or other security instrument. A
first mortgage shall be one which has first and paramount priority under applicable
law. The owner of a lot may create junior mortgages,liens or encumbrances on the
following conditions. (1)that any such junior mortgages shall always be subordinate to
all of the terms,conditions,covenants,restrictions,uses,limitations,obligations,lien
for unpaid assessments,and other obligations created by this Declaration,the Articles
of Incorporation and the Bylaws of the Association;(2)that the mortgagee under any
junior mortgage shall release,for the purpose of restoration of any improvements upon
the mortgages premises,all of his right,title and interest in and to the proceeds under
all insurable policies upon said premises held by the Association. Such release shall be
furnished forthwith by a junior mortgagee upon written request of the Association,and
if such request is not granted,such release may be executed by the Association as an
attorney-in-fact for such junior mortgage.
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ARTICLE VIII-GENERAL PROVISIONS
8.1 Duration. Subject to the provisions of Section 8.3 of this Article VIII,this
Declaration shall remain in full force and effect,shall run with the land and shall be
binding on all persons having any interest in any lot in the Subdivision for a period of
twenty(20)years from the date this Declaration is recorded and thereafter shall be
automatically extended for successive periods of ten(10)years unless an instrument
signed by a majority of the then-owners of lots in the Subdivision has been recorded
agreeing to change or terminate the Declaration in whole or in part.
8.2 Amendments. This Declaration,or any portion thereof,may be amended or revoked
at any time by an instrument in writing signed by the owners of at least seventy-five
percent(75%)of the lots in the Subdivision and on hundred percent(100%)of the
holders of recorded first mortgages or deeds of trust. Any amendment shall be
effective only upon the recordation of the written amendment or ratification thereof
containing the necessary signatures of lot owners and encumbrance holders.No
amendment to this Declaration may be made which conflicts with any of the laws of
the State of Colorado,or ordinances of Weld County. No amendment shall affect any
rights of Declarant unless approved in advance by and consented to by Declarant in
writing.
8.3 Severability. Any provision of this Declaration invalidated in any manner whatsoever
shall not be deemed to impair or effect in any manner the validity,enforcement or
effect of the remainder of this Declaration and,in such event,all of the other
provisions of this Declaration shall continue in MI force and effect as if such invalid
provision had never been included herein.
8.4 Disclaimer. No claim or cause of action shall accrue in favor of any person in the
event of the invalidity of any covenant or provision of this Declaration or for the
failure of the Architectural Review Board or Declarant to enforce any covenant or
provision hereof This Section 8.4 may be pleaded as a full bar to the maintenance of
any such action or arbitration brought in violation of the provisions of this Article
VIII.
8.5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated
or waived by reason of any failure to enforce the same,regardless of the number of
violations or breaches which may occur.
8.6 Captions. The captions herein are inserted only as a matter of convenience and for
reference and in no way define,limit or describe the scope of this Declaration nor the
intent of any provisions hereof
8.7 Construction. The use of the masculine gender in this Declaration shall be deemed to
include the feminine and neuter genders, and the use of the singular shall be deemed to
refer to the plural,and vice versa,when the context so requires.
28
6.23 Professional Management. Any agreement which may be entered into with regard to
professional management or any other contract for providing of services by Declarant
or Developer shall be for a term of not more than one(1)year and shall be terminable
on thirty(30)days'written notice,without cause and without payment of a
termination fee.
ARTICLE VII-ENFORCEMENT
7.1 Abatement and Suit. The provisions herein contained shall run with the land,and be
binding upon and inure to the benefit of the Declarant and the Owners of every Lot
within the Property. Each Owner,by acquiring and interest in the Property,appoints
irrevocably the Association as such Owner's attorney-in-fact for such purposes;
provided,however,that if an Owner notifies Association in writing of a claimed
violation of the provisions herein contained and fails to take action to remedy the
violation within thirty(30)days after receipt of such notification,then,and in that
event only an Owner may separately at such Owner's own cost and expense,enforce
the provisions herein. Violation of any of the provisions herein contained shall give
the Association the right;(t)to enter upon the portion of the Property wherein said
violation or breach exists and summarily to abate and remove,at the expense of the
Owner,any structure,thing or condition that may be or exists thereon contrary to the
intent and meaning of the provisions hereof;(2)to prosecute a proceeding at law or in
equity against the person or persons who have violated or are attempting to violate
any of the provisions herein to enjoin or prevent them from doing so;and(3)to cause
said violation to be remedied or to recover damages for said violation.
7.2 Deemed to Constitute a Nuisance. Every violation of this Declaration or any part
thereof is hereby declared to be and to constitute a nuisance, and every public or
private remedy allowed therefor by law or equity against the Owner,shall be
applicable against every such violation and may be exercised by Declarant or any
Owners pursuant to Section 7.1 of this Article VII.
In any legal or equitable proceeding for the enforcement or to restrain the violation of
this Declaration or any provision hereof;the landowner agrees to pay the reasonable
attorney's fees of the Association,if the Association prevails,in the amount as may be
fixed by the court proceedings. All remedies provided herein or at law or in equity
shall be cumulative and not exclusive.
The failure of the Declarant or of the Architectural Review Board or the Association
to enforce any of the provisions of this Declaration herein contained shall in no event
be deemed to be a waiver of the right to do so for subsequent violations or of the right
to enforce any other provisions thereof,and the above-named entities shall not be
liable therefor.
27
8.8 Notices. Notices required or permitted by this Declaration shall be made in writing.
Notice to a member of the Association shall be sufficient if sent by the United States
mail, sufficient postage prepaid,to the latest address given by such member to the
Secretary of the Association. In such event,notice shall be deemed effective three(3)
days after such deposit into the United States mail. Notices may also be given by
certified or registered mail,or by hand delivery. If hand delivered,notice shall be
effective on the date that delivery is accomplished. If sent by registered or certified
mail,notice shall be deemed effective three(3)days after deposit into the United
States mail,sufficient postage prepaid.
29
•
IN WITNESS WHEREOF,the undersigned being Owners(or Mortgagees)of Lots in
Sunmut Peaks Estates P.U.D.have executed this Declaration the date and year indicated
below.
Green Acres Enterprises,LLC a limited
liability corporation
/7/4 i91 BY: M
Date rr ' for
President
�/%i ATTEST:
Da // Diana Cummings
Vice President
STATE OF COLORADO )
)ss.
COUNTY OF WELD ) •
The foregoing Declaration of Covenants,Conditions and Restrictions for Summit
Peaks Estates P.U.D.was acknowledged before me this &day of 1998,
by Larry Kaylor,President,and Diana Cummings,Vice President of Green
Enterprises,LLC,a limited liability company, the owner of the real property subject to
said Declaration.
Witness my hand and official seal.
My commission expires: 0.44 0a/i o.A-,
•
levu
`Notary Public V J
30
APPENDIX A
LEGAL DESCRIPTION OF PROPERTY
The property subject to this Declaration is described as follows:
A tract of land, S h of the SW'/.of Section 7,T3N,R68W of the 6"P.M..
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 7,T3N,R68W,OR
THE 6TH P.M.,AND CONSIDERING THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 7 TO BEAR NORTH 00'00'00"EAST BETWEEN
MONUMENTS AS SHOWN HEREON,WITH ALL BEARINGS HEREIN RELATIVE
THERETO;THENCE ALONG THE WEST LINE OF SECTION 7,NORTH 00'00'00"
EAST,A DISTANCE OF 1270.88 FEET TO THE NORTHWEST CORNER OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7;THENCE
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 7,NORTH 87'28'05"EAST,A DISTANCE OF 2554.24
FEET TO THE SOUTH CENTER SIXTEENTH CORNER OF SECTION 7;THENCE
ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 7, SOUTH 01'18'2T'
EAST,A DISTANCE OF 1299.69 FEET TO THE SOUTH QUARTER CORNER OF
SECTION 7,NORTH 88'07'41"EAST A DISTANCE OF 2582.78 FEET TO THE
POINT OF BEGINNING,CONTAINING 75.653 ACRES,MORE OR LESS.
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APPENDIX B
RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The
rural areas of Weld county may be open and spacious,but they are intensively used for
agriculture. Persons moving into a rural area must recognize there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services
than in town.
Agricultural users of the Land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts,including noise from tractors and
equipment;dust from animal pens,field work,harvest,and gravel roads;odor from animal
confinement,silage,and manure;smoke from ditch burning;flies and mosquitoes;the use
of pesticides and fertilizers in the fields,including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved"out of the way"of residential development without
threatening the efficient delivery of irrigation to field which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the state of
Delaware)with more than 3,700 miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the county and
the distances which must be traveled may delay all emergency responses,including law
enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed,will not provide the same kind of surface expected from
a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility
of the homeowners. Services in rural areas,in many cases will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment,ponds,and irrigation ditches,electrical
power for pumps and center pivot operations,high speed traffic, sand burs,puncture
vines,territorial farm dogs,and livestock present real threats to children. Controlling
children's activities is important,not only for their safety,but also for the protection of the
farmer's livelihood.
32
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
THIS AGREEMENT,made and entered into this 24th day of April, by and between the County of
Wend,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County",
and Green Acres Enterprises,LLC hereinafter called"Applicant".
WITNESSETH;
WHEREAS,Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld,Colorado:
South %of the SW''A of Section 7,T3N,R68W of the 6s p.m.
WHEREAS,a final subdivision/PUD plat ofsaid property,to be known as Summit Peaks
Estates has been submitted to the County for approval;and
WHEREAS, Section 7.3.8 of the Weld County(Subdivision)(Zoning)Ordinance provides that
no final plat shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the constnsction of the public improvements shown on plans,plats
and supporting documents of the subdivision,which improvements,along with a time schedule for
completion,are listed in Exhibits"A"and"B"of this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said final plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit"A"which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be perfbnned by a Professional Engineer
and Land Surveyor registered in the State of Colorado,and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
acceptance of the roads within the subdivision by the County,Applicant shall
Exhibit"A"Amendment
Park Improvement Detail
Park Improvements
Picnic Table $375.
Horseshoe Pit Construction $75.
Volleyball Pit Construction/sand $660.
Riding Arena:
Surface preparation $420
Containment,labor/materials $1425.
Total $2,955
PIOaM Rid 4'
y r"Ytpr tive✓k'�.,'�z
.ere Orr _f
4)1 cv Ian.;Ned 1
Exhibit"A"Amendment
Landscape Material Detail
Landscaping"*"
Evergreen trees: Juniper Trees 5-7'tall (2) S775
Douglas Fir 5-7'tall (2) $620
Deciduous trees: Kentucky Coffee Trees 8-10'tall (4) $1320
Goldenrain tree 8-10'tall (2) $580
Thornless Honeylocust 8-10'tall (I) $290
Big Tooth Maples 8-10'tall (2) $600
Hackberry trees 8-10'tall (2) $660
Deciduous Shrubs: Western Sandcherry 3-4'tall (7) $196
Apache Plume Shrubs 3-4'tall (8) $224
Evergreen Shrubs: Fembrush Evergreen Shrub 1-2'tall (2) $66
Other Plants: Feather Reed Grass Clusters (3) $45
Rocky Mountain Penstemon Spires (5) $50
SUBTOTAL $5,426
TAX $227.35
TOTAL $5,653.35
*"Price includes I year warranty,these plantings are subject to availability of items
listed.
Stone Entry Sign $1200
Mulch $270
Trees and Shrubs $245
150 Pinion pines 6-12"tall 30 Bristlecone pines 6-12"tall
50 Thornless Honeylocust 6-12"tall 50 Cotoneaster Shrubs 10-30"tall
50 Caragana Shrubs 10-30"tall 50 Golden Current Shrubs 10-30"tall
50 Buffaloberry Shrubs 10-30"tall 50 Sumac Shrubs 10-30"tall
480 total trees and shrubs $610
TOTAL:$7978.35
Exhibit"B"
Landscaping planting schedule completion
Living Fence Rows and Clusters 6/15-7/28/98
Entryway Sign and Soil Preparation 8/15-9/15/98
Trees and Shrubs" 9/15- 10/15/98
Evergreen trees: Juniper Trees 5-7'tall (2)
Douglas Fir 5-7'tall (2)
Deciduous trees: Kentucky Coffee Trees 8-10'tall (4)
Goldenrain tree 8-10'tall (2)
Thornless Honeylocust 8-10'tall (1)
Big Tooth Maples 8-10'tall (2)
Hackberry trees 8-10'tall (2)
Deciduous Shrubs: Western Sandcheny 3-4'tall (7)
Apache Plume Shrubs 3-4'tall (8)
Evergreen Shrubs: Fernbrush Evergreen Shrub 1-2'tall (2)
Other Plants: Feather Reed Grass Clusters (3)
Rocky Mountain Penstemon Spires (5)
•'Specific Species of Trees/shrubs are subject to change due to availability
Exhibit"B"
Maintenance Schedule
Watering Spring to Fall
Mature trees and shrubs l/wk
Younger trees and shrubs l/wk
Term:2 yrs
Weeding
As needed
Term:2 yrs
Replacing dead trees and shrubbery
Immediately replace in the spring through summer months
Term:2 yrs
Replenish Mulch
Once per year
Term:2 yrs
Trees and shrubbery
Once per year(fall)
Term:2 yrs
Mowing
2 times per year
Term:2 yrs
Todd Hodges,Current Planner II
S-459;Green Acres Enterprises,LLC/Summit Peaks Estates ,
Page 2
/IMPROVEMENTS AGREEMENT:
Comments:I have reviewed the Improvements Agreement policies regarding collateral for improvements. In
Exhibit"A"first filing,the quantities,unit prices,and estimated construction costs appear to be adequate for
the project.- Exhibit"B" indicates the time of completion. The applicant has indicated the start time to be
approximately June 15, 1998. I have reviewed both items and have no conflict with them.
4RIOR TO RECORDING THE PLAT:
Comment On Page 4 of the application, 7.3.19,Final Drainage Report,Appendix N and 7.3.20,Soils Report,
and Appendix O were not attached in the final packet.
Requirement Both of these items need to be submitted and approved by the Weld County Public Works
Department prior to recording the plat.
INTERNAL ROAD SYSTEM;
Comment It is Weld County's policy that rights-of-way are dedicated to the public and roads are build to
County standards, then accepted for maintenance by the County. The applicant has indicated that the
Homeowners Association will be responsible for the internal road systeiwyWe recommend that the road be
placed on the County maintenance system.
cc: Commissioner Webster
S-459
Peter Swift
plan I
•
MEMORANDUM
TO: Todd Hodges,Current Planner II DATE:May 12, 1998
C. FROM: Don Carroll, Engineering Administrator W
COLORADO SUBJECT:S-459;Green Acres Enterprises,LLC/Summit Peaks Estates
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COUNTY POLICY:
Comments: Mr.Swift,the applicant's engineer,has questioned the need for a deceleration lane. As Mr. Swift
notes,Weld County has adopted the Polity on Geometric Design of Highways and Streets published by The American
Association of State Highway and Transportation Officials(AASHTO). In Ordinance 173-E,Section 10.2.3,
which adopts the AASHTO standards, there is also a provision that states, "Criteria published by other
government agencies, professional organizations,or generally accepted authoritative sources may be used in
geometric design." The AASHTO standards do not give specific criteria as to when deceleration lanes are
necessary; however,the State Highway Access Code does. Weld County routinely uses the State Highway Access
Code to determine when turn lanes are warranted.
TRAFFIC COUNTS:
comments. Mr. Swift also questioned our traffic count. The Public Works Department reset traffic counters
on April 28, 1998,on WCR 34 on each one mile segment between WCR 1 and WCR 7. The average daily
traffic counts from west to east were 995, 1,334, and 1,635 vehicles. The estimated traffic generated from
Summit Peak Estates is to be approximately 78 trips based on an average of 6.5 trips per lot. Applying these
traffic counts to Section 4.7.2,Deceleration Lanes for Right Turning Vehicles,of the State Highway Access Code,
a right turn deceleration lane is warranted. We agree with Mr.Swift that often times all the deceleration lane
is not used by drivers.
Requirement:: Therefore,we recommend the lane length and taper be based on a design speed of 45 MPH,
which would require a 350 foot lane with a 13:1 taper.
CROSS SECTION:
Daequirement: As requested in my previous memos,the applicant needs to place,on the plat,a typical road
cross section identifying width of right-of-way,depth of base and asphalt or full depth asphalt,and width of
driving lane and shoulder.
voa/-ir Fax Note 767[ e"'5-1 D-5�8�'a
1)v�/I FT FOOT
coto.a Co.kJE.LO Co
P""3o3- 7-722ro nnc/70-353-aste8
4; MEMORANDUM
W1 �� TO:Board of County Commissioners July 7, 1998
OO�.ORADO FROM:Monica Daniels-Mika Director
•
SUBJECT:Acceptance of colleraterfal
The Weld County Departments of Planning,County Attorney's Office,and Public Works have
reviewed the collateral for Summit Peaks Estates and recommend acceptance. Collerateral has
been extended in the form of a letter of credit for$197,000.00.
THE BERTHOUD NATIONAL BANE
IRREVOCABLE LETTER OF CREDIT #124
For
GREEN ACRES ENTERPRISES, INC.
1843 EISENHOWER DRIVE
LOUISVILLE, COLORADO 80027
Date: July 1, 1998
Weld County, Colorado
Board of County Commissioners
915 10th Street
P. 0. Box C
Greeley, Colorado 80632
Dear Board Members:
We hereby establish our irrevocable Letter of Credit
$124 in favor of the County of Weld, State of Colorado,
Board of County Commissioners, 915 10th Street, P. 0. Box C,
Greeley, Colorado 80632, for the account of Green Acres
Enterprises, LLC (Developer) up to the aggregate amount of
$197,000.00 which amount is to be paid to the County upon
demand pursuant to the conditions set forth herein. This
Letter of Credit will expire July 1, 1999.
It is understood that the sole purpose of this Letter
of Credit is to secure the obligations of the Developer
under the Subdivision Improvements Agreement for Subdivision
dated July 2, 1998, executed by the Developer and the
County and signed by the issuer of this Letter of Credit
acknowledging the agreement and its cost estimates.
The Berthoud National Bank shall honor the drafts
submitted by Weld County under the following terms and
conditions:
-- Upon default by Green Acres Enterprises, LLC
under any of the terms of the Development Agreement
between Green Acres Enterprises, LLC and Weld
County. -
-- Default must be documented and submitted to The
Berthoud National Bank for its review one week
prior to a draw request.
Letter of Credit #124
Page 2
-- Partial draws are permitted under this Letter of
Credit. The Berthoud National Bank's honor of a
partial draw shall correspondingly reduce the
amount of credit available under this Letter of
Credit. Following a partial draw, The Berthoud
National Bank shall return this original Letter of
Credit to Weld County with the partial draw noted
thereon; in the alternative, and in its sole
discretion, The Berthoud National bank may issue a
substitute Letter of Credit to Weld County in the .
amount shown above less any partial draw(s) .
-- The Berthoud National Bank hereby agrees with
Weld County that drafts drawn under and in
compliance with the terms of this Letter of Credit
will be duly honored if presented to The Berthoud
National Bank on or before the expiration date of
July 1, 1999.
-- If this Letter of Credit is drawn upon, we request
that the above Letter of Credit number be placed on
the draft and this Irrevocable Letter of Credit be
returned to us for notation with the certified
statement as to the amount owed. These documents
should be returned together.
-- This Letter of Credit shall not be transferable.
It shall be governed by the laws of the United
States. This Letter of Credit is subject to the
Uniform Customs and Practice for Documentary
credit.
Sincerely
Care Salomonson
President
07/07/0! 08:37 PAX 070 352 2585 WELD PUBLIC WORK 0001
MEMORANDUM
TO: Todd Hodges,Current Plainer II DATE May 72,1988
IIFROM: Don Carroll, Engineering Administrator Y!"
COLORADO SUBJECT:S-459;Green Acres Enterprises,LLCISummlt Peeks Estates
•
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to beepers.of any approval:
•
COUNTY POLICY:
Comments: Mr.Swift.the applicant's engineer,has questioned the need for a deceleration lane- As Mr.Swift
notes,Weld County has adopted the Policy on Geometric Design of Highways and Soren published by The American
Association of State Highway and Transportation Officials(AASHTO). In Ordinance 173-E,Section 10-2.3.which adopts the AASHTO standards, there is also a provision that states, "Criteria published by other
government agencies, professional organizations, or generally accepted authoritative sources may be used in
geometric design." The AASHTO standards do not give specific criteria as to when deceleration lanes are
necessary: however,the Steer Highway Access Cdr does. Weld County routinely uses the State Hrgibmy Amur
Code to determine when turn lanes arc warranted
TRAFFIC COUNTS:
C8113310•3 115i Mr.Swift also questioned our traffic count The Public Works Department reset traffic counters
on April 28. 1998,on WCR 34 on each one mile segment between WCR 1 and WCR 7_ The average daily
traffic counts from west to east were 995. 1,334, and 1.638 vehicles. The estimated traffic generated from
Summit Peak Estates is to be approximately 78 trips based on an average of 6.5 trips per lot. Applying these
traffic counts to Section 4.7.2,Deceleration Lanes for Right Turning Vehicles,of the State Hilary Access Code,
a right turn deceleration lane is warranted- We agree with Mr.Swift that often times all the deceleration lane
is not used by drivers.
equi rant: Therefore,we recommend the lane length and raper be based on a design speed of 45 MPH,
which would require a 350 foot lane with a 13:1 taper.
CROSS rs SECTION:
nt As cat- As requested in my previous memos,the applicant needs to place on the plat,a typical road
cross section identifying width of right-of-way,depth of base and asphalt or full depth asphalt,and width of
driving lane and shoulder. _
•
Paa4a"Fes Mato 'rasa
or
LTA m• ..
e money
07/07/98 09:44 TX/RX NO.1611 , P.001
67/07/08 00:37 PAX 070 882 NO MOLD PUBLIC 1100E 0002
Todd Hodges,Current Planner 11 5-439;Green Asa Enterprises,uctsumn&Peaks Estates
Page 2
•
INIPRR)VEMENIS AGREEMENT: .
Common I have reviewed the Imptovanents Agreement policies regarding collateral for improvements. In
Exhibit"A'first fling.the quantities,unit prices.and estimated construction costs appear to be adequate for
the aap_pt project Exhibit
Junne 15. 1998-Ites havee time of completion. The reviewed both Items and have no conflict withicant has them.�e�K time to be
IR1OA TO RECORDING THE PLAT: N and 7320.Soils Report.
�= On Page 4 of the application,7.3.19.Final Drainage Report,Appendix
and Appendix 0 were not attached in the final packet.
ELK: Both of these items need to be submitted and approved by the Weld County Public Works
Department prior to recording the plat_
INTERNAL ROAD SYSTEM;
Coma= It is Weld County's policy that rights-of-way are dedicated to the public and roads are build to
County standards, then accepted for maintenance by the County. The applicant:has indicated that the
Homeowners Association will be responsible for the internal road systemyWe recommend that the mad be
placed on the County maintenance system.
cc Commissioner Webster
S-439
Peter Swift
plan IS
•
07/07/98 09:44 TX/RX NO.1611 P.002 ■
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