HomeMy WebLinkAbout991503 Town of /^"/\___
Johnstown
BOARD MEETS FIRST MONDAY IN MONTH
P.O.BOX 609
JOHNSTOWN, CO 80534
February 17, 1999
Please find enclosed information for the Johnstown Southwest Annexation;
please note that the information I have mailed states a public hearing will be held
December 7, 1999; however due to the annexor not filing an annexation impact
report and other requirements to the Town of Johnstown the public hearing was
not held on this date. The public hearing has been scheduled for
March 15, 1999 at 7:00 p.m. Please have all your comments/concerns mailed
back to the town prior to this date.
Sincerely,
CU _A-('
ana Seele
Town Clerk
t«t
P(1.e `P 61-I c( • /9/v u� CAI Cry, /it
991503
_ _ • ,., ".u:aria her municipalities- a_. 'au,' ale Working with
provide an equitable solution to the grab:ins prese ind the state of Colorado to
any amcndmenU thereof, and a model franchise agreement for use rou froy deregulation by developing
Johnstown and 0 ut the slate and in the Town of
newspaper u a weeyJy news.
qualified for publishing legal WHEREAS the financial information n:'clod to finalize the document will not be
available in sufficient time to meet the fr. chise expiration date In the Town of
advatisements within the mea Johnstown;and
laws of the State an of Colorado. WHEREAS, the Town and Public Service Company
That the annexed legal
franchise for a period not to exceed one year in orer o n h to extend the existing
advertisement was published in agreement between the Ponies, negotiate a final hanchisc
and clam roue of every num NOW, THEREFORE, BE IT ORDAINED BY TH TOWN BOARD OF THE TOWN OF
"tidy newspaper (or the JOHNSTOWN, COLOggpq,
"tidyconsecutive insert. 1. Ordinance No. 171. granting : franchise by the Town of Johnstown,
—Csthe lust publication of said Colors o o ublic Service Company of C.oredo, its successors and assigns
Franchise is hereby amended by extendi g the term of the Franchise, as set forth
the issue of uid tows. in Article 5,,.,bon 1 of the Franchise,t• expire on Januaryg,F I p v . J A s terminated VI,y agreement of the parties. e terms, conditions and covenants of the
Franchise shall remain in hill force and 6,200.unless sooner
and that the last publication • - ect through January 2pgp.
Section 2. It is the intent of the T. Board that the extension of the Fr•
anchise
was in At issue of said n shallWre shortest time possible or to exceed one year.Accordingly,the Town
l/e e. 3 AD shall use its best efforts to negotiate - new franchise agreement with Public Service
Company and bring it to Town Board r consideration as soon as possible,preferably
In wimest whereof I have within six months from the effective •:to of this ordinance.
my hand this 2N-11 day • Section 3. This ordinance shall ••- in full force and effect
c�L., ,Al publrca on a option and signature a e mayor thirty days after final
INTRODUCED AND READ,APPRO 0 AND ORDERED PUBLISHED this_day
of , 199
• - TOWN OF JOH STOWN. COLORADO -
•
By:
ATTEST. May. Tom Martinez
Subscribed and sworn to •
:-.sown Clerk Diana Smile -
Notary Public in and for _ - -
Aid; of Colorado, Published in the Johnstown Breeze Decem.:r 3 & 10, 1998
"`�a^ `�^"� NOTICE CONCERNING •ROPOSED BUDGET OF -
J BEEBE DRAW FARMS EiROPOLITpN DISTRICT
w4 NOTICE is hereby given that a pro•• ed budget has been submittedyto the Board` C"_ ` ` • • that a co of tpy of such f Beebe proposed aw Farms
dgete been fillitan ed in the office of thstrict for the e District at 390
Unioh Boulevard, Suite 400, Denver Colorado where the same Is open for public
the
Board ofof Directors at such
hfproposetd, udget will be considered at a publc heanng of Denver, rd ofaDir on o f Distr c 1,.be held at.390 Union Boulevard Suite 400,
aommisboo _• at arty time prior to the final adopt n of the budage}, inspect elector within and
may. -My alto registeri any objections thereto. Pest the budget file or -• - - -
My Commission •
DISTRICT BEEBE r RAW FARMS METROPOLITAN
Secretary By/s/ Th• as A. Burk -
Published in the Johnstown Breeze Dec:. ber 3, 1998 j
•
TOWN OF
NOTICE OF PUBLLLIHEARING
FOR ZONING COD: VARIANCE
Notice is hereby given of a public meeting • be held before the Milliken Planning
' Commission at 7:00_p.m. on Wednesd- December 16, 1998 at the Milliken
•
Community Complex,Board Room,1101 - •.d Street,Milliken Colorado. This matter
will then go before the Milliken Town :.. d of Trustees,for a public hearing at 7:00
m.on
1101 Broad Wednesday,
eMillere 23,
'C• g'at the Milliken Community Complex, Board
- Room,
of considering a valiance •
orado. This public hearing is being held for the i --Milliken, Colorado. The public h: .nhe zoning t the tenpin/mg: Lot 10 Block 1
inlormation is available at he Milli': g is to attend
nd and paparticipate. AdditionalMilliken Colorado. - Community Complex, 1101 Broad Street, - .•
Nanette S.Armstead l
ISE_- Town Clerk
,
PUBLIC HEARING
the TOWN OF JOHNSTOWN
l
. •21, JOHNSTOWN SOUTHWEST ANNEXATION 7
an -
Illect Bee h the notified that a petition for annexation and zoning application have been
own The Board of Trustees of the Town of Johnstown will hold
a public f eadng to review the annexation and zoning on Monday, December 7,1ege
at 7:00 p.m. In the Town Hall, 101 Charlotte Street, Johnstown Colorado. All _ r
interested pparrtieys are encouraged to attend.
The` of I-26 and south of Weld County Road 46 an considered for d is approxima Ls located tely 1900 acres.mile east
of - )
See LEGAL NOTICES, page 14
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ANNEXATION PETITION CHECKLIST
Name of annexation: Johnstown Southwest I Annexation
Name of Property Owner (s): Ivar and Donna Larson
925 North County Line Road, Route 1
Berthoud, Colorado 80513
Person to contact: Ivar Larson, P.E.
L & L Inc.
925 North County Line Road, Route 1
Berthoud, CO 80513
Size of Acreage: 193.4
A tract of land situate in Section 14, Township 4 North, Range 68 West of the 6th
P.M. County of Weld, State of Colorado
100% owners signed: yes
School District(s): School District RE5-J
Fire District (s): Johnstown Fire District
Special District (s): Thompson Rivers Park and Recreation
Above Information Reviewed by: Diana Seele, Town Clerk 12/1/98
Date Petition Filed: October 5, 1998
Filing Fee Paid: $100.00
Resolution No. 98-20 Finding Substantial Compliance
Published: November 5, 1998
November 12, 1998
November 19, 1998
November 26, 1998
December 3, 1998
Petition Information & Notice sent to:
To: Board of County Commissioners of Weld County 02/18/98
Fire District: Johnstown Fire District 02/18/98
Recreation District: Thompson Rivers Park 02/18/98
School District: School District RE5-JI 02/18/98
TO COMPLY WITH THE PROVISIONS OF SECTION 13-12-108(2) C.R.S.
please find enclosed a copy of the published Notice, together with a copy of the
Resolution and Petition concerning the annexation to the Town of Johnstown of
territory therein described. The provisions of annexation laws of the state now
require that such mailing be made to the Board of County Commissioners of the
County, the County Attorney and to each Special District or School District
having territory within the area to be annexed.
Thank you,
Sincerely,
Diana Seele
Town Clerk
NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter
described has been presented to the Town Board of Johnstown, Colorado and
found to be in apparent compliance with the applicable provisions of law and the
Town Board has adopted a Resolution to set a public hearing to be held at 7:00
p.m. on December 7, 1998 at the Town Hall at 101 Charlotte Street in
Johnstown, Colorado to determine if the proposed annexation complies with the
applicable requirements of law.
The Resolution adopted by the Town Board for such purpose is in words,
letters and figures as follows:
TOWN OF JOHNSTOWN
RESOLUTION NO. 98-20
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE JOHNSTOWN SOUTHWEST I ANNEXTION
Whereas a written petition, together with five prints of an annexation map,
was therefore filed with the Town Clerk requesting the annexation of certain
property to be known as Johnstown Southwest I Annexation, more particularly
described as Situate in the County of Weld, State of Colorado, to wit:
See Attached Exhibit A
Whereas, the Town Board desires to initiate annexation proceedings in
accordance with the law.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF JOHNSTOWN, COLORADO;
Section 1. That the Town Board hereby accepts said annexation petition,
finds and determines that the annexation petition and accompanying map are in
substantial compliance with CRS 31-12-107, and desire to initiate annexation
proceedings in accordance with law.
Section 2. The Town Board shall hold a hearing to determine if the proposed
annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof
as may be required to establish eligibility for annexation under the terms of part
1, Article 12, Title 31, CRS. A hearing shall be held on the 7th day of December,
1998 in the Board meeting room of the Town of Johnstown, 101 Charlotte Street,
Johnstown, Colorado at 7:00 p.m.
Section 3. The Town Clerk shall publish notice of such hearing once per
week for four successive weeks in the Johnstown Breeze, with the first
publication at least thirty (30) days prior to the date of the hearing. The Town
Clerk shall also send a copy of this resolution and the petition for annexation to
the Clerk to the Board of County Commissioners, the County Attorney and to any
special district or school district within the area proposed to be annexed.
Passed, approved and adopted the 21st day of September, 1998.
Town of Johnstown
s/s Thomas J. Martinez
Mayor
ATTEST
s/s Diana Seele
Town Clerk
PUBLIC HEARING
TOWN OF JOHNSTOWN
JOHNSTOWN SOUTHWEST ANNEXATION
Be hereby notified that a petition for annexation and zoning application have
been filed with the Town Clerk. The Board of Trustees of the Town of Johnstown
will hold a public hearing to review the annexation and zoning on Monday,
December 7, 1998 at 7:00 p.m. in the Town Hall, 101 Charlotte Street,
Johnstown Colorado. All interested parties are encouraged to attend.
The property being considered for annexation is located approximately '/ mile
east of 1-25 and south of Weld County Road 46 and is approximately 190 acres.
Copies of the annexation map are in the Town Hall, 101 Charlotte Street,
Johnstown, Colorado.
Diana Seele, CMC
Town Clerk/Treasurer
Published in tie Johnstown Breeze: November 5, 12,19,26, 1998, December 3,
1998
TOWN OF JOHNSTOWN
NOTICE OF ANNEXATION
Be, hereby notified that a petition for annexation and zoning application have
been filed with the Town Clerk. The Planning and Zoning Commission and the
Board of Trustees will hold public hearings to review the annexation and zoning
petitions on Wednesday, January 20, 1999 at 7:00 p.m. and on Monday,
February 15, 1999 at 7:00 p.m. in the Town Hall located at 101 Charlotte Street
in Johnstown, Colorado. All interested parties are encouraged to attend.
The property being considered for annexation is located approximately % mile
east of 1-25 and South of Weld County Road 46 and is approximately 190 acres.
The legal description of the property is as follows:
Southwest I Annexation:
A tract of land situate in Section 11 and Section 14 both in Township 4 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows:
Considering the North line of the Northwest Quarter of Section 14 as bearing
South 89°59'00" East with all bearings contained herein relative thereto:
Beginning at the Northwest corner of the Northwest Quarter of Section 14;
thence along the North line of said Northwest Quarter South 89°59'00" East
225.00 feed to a point on the Easterly line of Hart Annexation No. Four to the
Town of Johnstown, Colorado and the Easterly Right of Way line of Interstate 25,
said point being the TRUE POINT OF BEGINNING, thence along said Easterly
line of said Hart Annexation No. Fourth North 00°34'46" East 27.40 feet, thence
departing said easterly line North 00°34'46" East 2.60 feet; thence South
77°14'09" East 135.96 feet; thence South 77°19'30" West 136.55 feet, thence
North 00°36'21" East 1.98 feet to a point on said Easterly line of said Hart
Annexation No. Four, thence along said Easterly line North 00°36'21" East 28.02
feet, more or less, to a point on the North line of the Northwest Quarter of Section
14 and the TRUE POINT OF BEGINNING.
Said above described tract of land contains 3987.08 Square Feet, more or less.
Southwest II Annexation Description:
A tract of land situate in Section 11 and Section 14 both in Township 4 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows:
Considering the North line of the Northwest Quarter of Section 14 as bearing
South 89°59'00" East with all bearings contained herein relative thereto:
Beginning at the Northwest corner of the Northwest Quarter of Section 14,
thence along the North line of said Northwest Quarter South 89°59'00" East
225.00 feet to a point on the Easterly line of Hart Annexation No. Four to the
Town of Johnstown, Colorado and the Easterly Right of Way line of Interstate 25;
thence along said Easterly line of said Hart Annexation No. Four North 00°34'46"
East 27.40 feet to a point on the Westerly line of the Johnstown Southwest I
Annexation; thence along said Westerly line North 00°34'46" East 2.60 feet to the
TRUE POINT OF BEGINNING, thence departing said Westerly line South
87°27'30" East 680.97 feet; thence South 87°29'39" West 681.57 feet to a point
on the Southeasterly line of the Johnstown Southwest I Annexation; thence along
said Southeasterly line North 77°19'30" East 136.55 feet to a point on the
Northeasterly line of the Johnstown Southwest I Annexation; thence along said
Northeasterly line North 77°14'09" 135.96 feet to a point on the Easterly line of
the Hart Annexation No. Four and the TRUE POINT OF BEGINNING.
Said above described tract of land contains 0.37 Acres, more or less.
Southwest III Annexation Description:
A tract of land situate in Section 11 and Section 14 both in Township 4 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows:
Considering the North line of the Northwest Quarter of Section 14 as bearing
South 89°59'00" East with all bearings contained herein relative thereto:
Beginning at The Northwest Quarter of Section 14; thence along the North line of
said Northwest Quarter South 89°59'00" East 225.00 feet to a point on the
Easterly line of Hart Annexation No. Four to the Town of Johnstown, Colorado
and the Easterly Right of Way line of Interstate 25; thence along said Easterly
line of said Hart Annexation No. Four North 00°34'46" east 27.40 feet to a point
on the Westerly line of the Johnstown Southwest I Annexation; thence along said
Westerly line North 00° 34'46" East 2.60 feet to a point on the Northerly Right of
way Line WCR 46 and the TRUE POINT OF BEGINNING; thence departing said
Westerly line along said Northerly Right of Way Line South 89°59'00" East
2425.12 feet and again East 214.00 feet; thence departing said Northerly line
South 793.61 feet; thence West 220.78 feet; thence North 00°30'30" East 733.64
feet to a point on the Southerly Right of Way line of WCR 46; thence along said
Southerly Right of Way North 89°59'00" West 2425.47 feet to a point on the
Southeasterly line of the Johnstown Southwest II Annexation; thence along said
Southeasterly line North 87°29'39" East 681.57 feet to a point on the
Northeasterly line of the Johnstown Southwest II Annexation; thence along said
Northeasterly line North 870 27'30" West 680.97 feet to a point on the North
Right of Way line of WCR 46 and the TRUE POINTO F BEGINNING.
Said above described tract of land contains 6.83 Acres, more or less, and is
subject to all existing easements and/or rights of way record.
Southwest IV Annexation Description:
A tract of land situate in Section 11 and Section 14 both in Township 4 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows:
Considering the North line of the Northwest Quarter of Section 14 as bearing
South 89°59'00" East with all bearings contained herein relative thereto
Beginning at the Northwest corner of the Northwest Quarter of Section 14;
thence along the North line of said Northwest Quarter South 89°59'00" East
225.00 feet to a point on the Easterly Right of Way line of Interstate 25; thence
along said Easterly line North 00°34'46" East 27.40 feet to a point on the
Westerly line of the Johnstown Southwest I Annexation; thence along said
Westerly line North 00°34'46" East 2.60 feet to a point on the Northerly Right of
Way Line of VVCR 46; thence departing said Westerly line and along said
Northerly Right of Way Line South 89°59'00" East 2425.12 feet and again East
214.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said
Northerly Right of Way line East 1024.61 feet; thence departing said Northerly
line South 694.46 feet to a point on the Northerly line of Lot A of Recorded
Exemption No. RE-1373; thence along the Northerly, Westerly and Southerly
lines of said Lot A North 88°41'22" West 228.25 feet; South 01°18'38" West
400.00 feet and again South 88°41'22" East 93.61d feet; thence departing said
Southerly line South 175.15 feet; thence West 1160.07 feet; thence North
19°49'30" West 400.00 feet; thence North 60°04'30" West 255.00 feet; thence
North 38°50'30" East 50.00 feet; thence South 77°19'30" East 155.00 feet;
thence North 34°40'30" East 58.50 feet; thence South 33°44'30" East 58.00 feet;
thence South 57°29' 30" East 85.00 feet; thence South 31°44'30" East 88.07feet;
thence North 70°29'37" East 17.36; thence South 65°22'25" East 34.98 feet;
thence North 00°30'30" East 93.86 feet to a point on the Southerly line of the
Johnstown Southwest III Annexation; thence along the Southerly and Easterly
lines of said Johnstown SW III Annexation East 220.78 feet and again
North793.61 feet to a point on the Northerly Right of Way Line of WCR 46 and
the TRUE POINT OF BEGINNING.
Said above described tract of land contains 31.35 Acres, more or less, arid is
subject to all existing easements and/or rights of way of record.
Southwest V Annexation Description:
A tract of land situate in Section 11 and Section 14 both in Township 4 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows"
Considering the North line of the Northwest Quarter of Section 14; thence along
the North line of said Northwest Quarter South 89°59'00" East 225.00 feet to a
point on the Easterly Right of Way line of Interstate 25; thence along said
Easterly line North 00°34'46" East 27.40 feet to a point on the Westerly line of the
Johnstown Southwest I Annexation; thence along said Westerly line North
00°34'46" East 2.60 feet to a point on the Northerly Right of Way Line of WCR
46; thence departing said Westerly line and along said Northerly Right of Way
Line South 89°59'00" East 2425.12 feet and again East 1238.61 feet to the
TRUE POINT OF BEGINNING; thence continuing along said Northerly Right of
Way Line East 289.22 feet; thence departing said Northerly Right of Way line
South 47°08'52" East 334.79 feet; thence South 26°22'29" East 399.87 feet;
thence South 30°01'40" East 489.79 feet; thence South 15°11'32" East 253.48
feet; thence South 19°32'43" East 124.90 feet; thence South 27°31'32" East
153.49 feet; thence South 34°43'24" East 344.55 feet; thence East 5.50 feet,
more or less, to a point on the East line of the Northeast Quarter of said Section
14; thence along said East line South 00°17'19" West 822.85 feet, more or less,
to the Southeast corner of said Northeast Quarter; thence along the East line of
the Southwest Quarter of said Section 14 South 00°38'02" West 12.20 feet;
thence departing said East line West 2660.87 feet; thence North 00°30'30" East
1124.76 feet; thence North 09°54"30" West 300.00 feet to a point on the
Southerly line of the Johnstown Southwest IV Annexation; thence along the
Southerly and Easterly lines of said Johnstown SW IV Annexation East 1160.07
feet and again North 175.15 feet to a point on the Southerly line of Lot A of
Recorded Exemption No. RE-1373; thence along the Southerly and Easterly
lines of said Lot A the following four (4) courses and distances: South 88°41'22"
East 266.39 feet; North 01°19'38" East 200.00 feet to a point on a tangent curve
being concave to the southwest and having a central angle of 45°23"00" and a
radius of 167.41 feet; thence along the arc of said curve 132.60 feet, the long
chord of said curve bearing North 21°22'52" West 129.16 feet; thence tangent
from said curve North 44°04'22" West 115.09 feet to a point on the Easterly line
of the Johnstown Southwest IV Annexation; thence along said Easterly line North
694.46 feet to a point on the Northerly Right of Way line of WCR 46 and the
TRUE POINT OF BEGINNING.
Said above described tract of land contains 105.97 Acres, more or less, and is
subject to all existing easements and/or right of way of record.
Southwest VI Annexation description:
A tract of lard situate in Section 14, Township 4 North, Range 68 West of the 6th
P.M., County of Weld, State of Colorado being more particularly described as
follows:
Considering the North line of the Northwest Quarter of Section 14 as bearing
South89°59'00" East with all bearings contained herein relative thereto:
Beginning a the Northwest corner of the Northwest Quarter of Section 14; thence
along the North line of said Northwest Quarter South 89°59'00" East 225.00 feet
to a point on the Easterly Right of Way line of Interstate 25; thence along said
Easterly line North 00°34'36" East 27.40 feet to a point on the Westerly line of
the Johnstown Southwest I Annexation; thence along said Westerly line North
00°34'46" East 2.60 feet to a point on the Northerly Right of Way Line of WCR
46; thence departing said Westerly line and along said Northerly Right of Way
Line South 89°59'00" East 2425.12 feet and again East 1527.83 feet; thence
departing said Northerly Right of Way line South 47°08'52" East 334.79 feet;
thence South 26°22'29" East 399.87 feet; thence South 30°01'40" East 489.79
feet; thence South 15°11'32" East 253.48 feet; thence South 19°32'43" East
124.90 feet; thence South 27°31'32" East 153.49 feet; thence South 34°43'24"
East 344.55 feet; thence East 5.50 feet, more or less, to a point on the East line
of the Northeast Quarter of said Section 14; thence along said East line South
00°17'19" West 822.85 feet, more or less, to the Southeast corner of said
Northeast Quarter; thence along the East line of the Southwest Quarter of said
Section 14 South 00°38'02" West 12.20 feet to the TRUE POINT OF
BEGINNING; 356.01 feet; thence continuing along said East line South 00°38'02"
West 356.01 feet; thence departing said East line South 55°38'31" West 805.63
feet; thence South 89°16'03" West 1537.34 feet; thence North 00°30'43" East
166.90 feet; thence North 00°30'30" East 1319.35 feet to a point on the
Southerly line of the Johnstown Southwest V Annexation; thence along said
Southerly line East 2660.87 feet, more or less, to a point on the East line of the
Southeast Quarter of said Section 14 and the TRUE POINT OF BEGINNING.
Said above described tract of land contains 50.09 Acres, more or less, and is
subject to all existing easements and/or rights of way of record.
PROPERTY DESCRIPTION — JOHNSTOWN SOUTHWEST VII ANNEXATION:
Those portions of the 'Southwest Quarter of Section 14 and the Northwest
Quarter of Section 23, Township 4 North, Range 68 West of the 6th P.M., County
of Weld, State of Colorado being more particularly described as follows.
Considering the South line of the Southwest Quarter of said Section 14 as
bearing North 89°49'07" East and with all bearings contained herein relative
thereto:
Beginning at the Southwest corner of the Southwest Quarter of said Section 14;
thence along the South line of the Southwest Quarter of said Section 14 North
89°49'07" East 50.00 feet, more or less, to a point on the East Right of Way line
of Interstate Highway No.25; said point also being on the East line of the Hart
Annexation No.4 to the Town of Johnstown, Colorado and the TRUE POINT OF
BEGINNING; thence along the East Right of Way line of Interstate Highway No.
25 and along said East line of the Hart Annexation No.4 North 00°29'48" East
30.00 feet; thence departing said East Right of Way line of Interstate Highway
No. 25 and said East line of the Hart Annexation No. 4 South 78°37'02" East
149.65 feet; thence South 78°37'02" East 149.65 feet; thence South 78"18'22"
West 150.31 feet, more or less, to a point on said East Right of Way line of
Interstate Highway No. 25 and said East line of the Hart Annexation No. 4;
thence along said East Right of Way line of Interstate Highway No. 25 and said
East line of the Hart Annexation No.4 North 00°25'47" East 30.00 feet, more or
less, to a point on the South line of the Southwest Quarter of said Section14 and
the TRUE POINT OF BEGINNING.
The above described parcel contains 0.10 acres (4409.11) sq.ft.), more or less.
PROPERTY DESCRIPTION-JOHNSTOWN SOUTHWEST VIII ANNEXATION:
Those portions of the Southwest Quarter of Section 14 and the Northwest
Quarter of Section 23, Township 4 North, Range 68 West of the 6th P.M., County
of Weld, State of Colorado being more particularly described as follows
Considering the Sou6th line of the Southwest Quarter of said Section 14 as
bearing North 89°49'07" East and with all bearings contained herein relative
thereto:
Beginning at the Southwest corner of the Southwest Quarter of said Section 14;
thence along the South line of the Southwest Quarter of said Section 14 North
89°49'07" East 196.97 feet, more or less, to a point on the Eastern most point of
the Johnstown Southwest vii Annexation to the Town of Johnstown, Colorado
and the TRUE POINT OF BEGINNING; thence along the Northeasterly line of
said Johnstown Southwest VII Annexation North 78°37'02" West 149.65 feet to
the Northern most point of said Johnstown Southwest VII Annexation; thence
departing said Northeasterly line South 87°53'09" East 749.00 feet; thence South
87°31'31" West 749.67 feet, more or less, to a point on the Southern most point
of said Johnstown Southwest VII Annexation; thence along the Southeasterly line
of said Johnstown Southwest VII Annexation North 78°18'22" East 150.31 feet,
more or less, to a point on the South line of the Southwest Quarter of said
Section 14 and the TRUE POINT OF BEGINNING.
The above described parcel contains 0.41 acres (18,053.51 sq.ft.), more or less.
PROPERTY DESCRIPTION — JOHNSTOWN SOUTHWEST IX ANNEXATION:
Those portions of Section 14 and Section 23, Township 4 North, Range 68 West
of the 6th P.M., County of Weld, State of Colorado being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Section 14 as
bearing North 89°49'07" East and with all bearings contained herein relative
thereto:
Beginning at the Southwest corner of the Southwest Quarter of said Section14;
thence along the South line of the Southwest Quarter of said Section 14 North
89°49'07" East 798.75 feet, more or less, to a point on the Eastern most point of
the Johnstown Southwest VIII Annexation to the Town of Johnstown, Colorado
and the TURE POINT OF BEGINNING; thence along the Northeasterly line of
said Johnstown Southwest VIII Annexation North 87°53'09" West 749.00 feet to
the Northern most point of said Johnstown Southwest VIII Annexation; thence
departing said Northeasterly line South 89°43'21" East 3746.00 feet; thence
South 89°21'35" West 3746.68 feet, more or less, to a point on the Southern
most point of said Johnstown Southwest VIII Annexation; thence along the
Southeasterly line of said Johnstown Southwest VIII Annexation North 87°31'31"
East 749.67 feet, more or less, to a point on the South line of the Southwest
Quarter of said Section 14 and the TRUE POINT OF BEGINNING.
The above described parcel contains 2.06 acres (89,924.43 sq. ft.), more or less.
PROPERTY DESCRIPTION- JOHNSTOWN SOUTHWEST X ANNEXATION:
THOSE PORTIONS OF Section 14 and Section 23, Township 4 North, Range 68
West of the 6 h P.M., County of Weld, State of Colorado being more particularly
described as follows:
Considering the South line of said Section 14 as bearing North 89°49'07" East
and with all bearings contained herein relative thereto:
Beginning at the Southwest corner of the Southwest Quarter of said Section 14;
thence along the South line said Section 14 North 89°49'07" East 3796.23 feet,
more or less, to a point on the Eastern most point of the Johnstown Southwest IX
Annexation to the Town of Johnstown, Colorado and the TRUE POINT OF
BEGINNING; thence along the Northeasterly line of said Johnstown Southwest
IX Annexation North 89°43'21" West 6746.00 feet to the Northern most point of
said Johnstown Southwest IX Annexation; said point being on the Northerly Right
of Way line of Weld County Road No. 44; thence departing said Northeasterly
line and along said Northerly Right of Way line North 89°49'07" East 5259.35
feet; thence departing said Northerly Right of Way line South 00°10'53" East
60.00 feet to a point on the Southerly Right of Way line of said Weld County
Road No. 44; thence along said Southerly Right of Way line South 89°49'07"
West 5260.03 feet, more or less, to a point on the Southern most point of said
Johnstown Southwest IX Annexation; thence along the Southeasterly line of said
Johnstown Southwest IX Annexation North 89°21'35" East 3746.68 feet, more or
less, to a point on the South line of said Section 14 and the TRUE POINT OF
BEGINNING.
The above described parcel contains 4.66 acres (203,195.03 sq.ft.), more or
less.
Diana Seele, CMC
Town Clerk
Published in the Johnstown Breeze January 21, 28, February 4, and February
11, 1999.
ANNEXAT ON STATEMENT
AND
OUTLINE DEVELOPMENT PLAN
WH TETA L ANNEXATION
THIS AiNNEXATON S-ATEMENT AND OUT-INE DEVELOPMENT PLAIN IS INTENDED
FOR NFORMAT'.ONAL PURPOSES ONLY AND ADDRESSES THE FOLLOV 'Ns-
!N GENERAL TE.RMS, INCLUDING OTHER 'NFORmA".ON THE APPLiCAN- CCNSDERS
APPROPRATE. MORE SPECIFIC RESEARCH, PANNING AND EN:SINEERING ___
OCCUR FOLLOWING THE ANNEXATION PROCESS PRC'vDED ..NOSE
ORCUMSTANCES DCTATE HA` MORE COMPREHENSIVE `FORMA ON _.
NECESSAR" A. THE ANNEXATION AND ZONING STAGE TO EN,AB_E HE P_ANN:NO
COMMIS-SON AND BOARD TO EVALUATE THE APPLICATON AND PROPOSAL.
INFORMATION UN THIS REPORT IS SUBJECT TO CHANGES AS MA" BE NECESSA<'
D R'NG THE PLANNING. AND DEVELOPMENT PROCESS. T-E N-OR`^A-ON ANC
PROPOSAS CONTAINED -ERE N SHALL NOT BE B NDING UPON HE TOWN D
JOHNSTOWN THE 'TOWN"; OR LEL THE 'APPL;CANT".. THE ANNEX TCy
AGREE"ENT TO BE CONG_LDED BETWEEN THE TOVvN AND -HE AP%LCAN- -r �,---
BE DEEMED CONTROLLING AND SHALL SUPERCEDE THE 3..jBJECT mAT-E
EREOF.
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NAMES AND ADDRESSES
OWNER
NAME: VAR and DONNA LARSON
ADDRESS: 925 NORTH COUNTY LINE ROAD, ROUTE 1
BERTHOUD, COLORADO 80513
ATTENTION: IVAR W. LARSON
TELEPHONE: (970) 532-3361
DEVELOPER
NAME: L $ L INC.
ADDRESS: 925 NORTH COUNTY LINE ROAD, ROUTE 1
BERTHOUD, COLORADO 80513
ATTENTION: IVAR W. LARSON P.E.
TELEPHONE: (970) 532-3361
DESIGNER
NAME: DATALYNX GRAPHICS
ADDRESS: 717 W. 4---1 STREET
LOVELAND, COLORADO 80537
ATTENTION: RICHARD ARMENTROUT
TELEPHONE: (970) 669-5307
ENG/NEER
NAME: VAR LARSON
ADDRESS: 925 NORTH COUNTY LINE ROAD, ROUTE 1
BERTHOUD, COLORADO 80513
ATTENTION: VAR W. LARSON P.E.
TELEPHONE: (970) 532-3361
SURVEYOR
NAME: INTERMILL LAND SURVEYING, INC.
ADDRESS: 1301 NORTH CLEVELAND AVENUE
LOVELAND, COLORADO 80537
ATTENTION: LARRY INTERMILL L.S. 12374
TELEPHONE: (970) 669-0516
PROPERTY INFORMATION
LEGAL DESCRIPTIONS
LEGAL DESCRIPTIONS OF VARIOUS PORTIONS OF THE PROPERTY HAVE BEEN
INCLUDED AS A PART OF "EXHIBIT A". IN GENERAL, THE PROPERTY IS LOCATED IN
THE NORTH EAST QUARTER OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST
OF THE 6-H P.Y., WELD COUNTY, COLORADO:
PROPERTY OWNERSHIP INFORMATION
ATTACHED AS EXHIBIT B IS THE OWNERSHIP PORTION OF THE TITLE COMMITMENT
ISSUED BY STEWART TITLE OF COLORADO INC. ORDER NO. 9805.5413, EFFECTIVE
DATE OF AUGUST 25, 1998 SHOWING FEE TITLE VESTED IN IVAR W. LARSON AND
DONNA M. LARSON.
WATER RIGHTS INFORMATION
THE WATER RIGHTS PROPOSED TO BE DEDICATED TO THE TOWN OF JOHNSTOWN
TO MEET THE TOWN'S WATER DEDICATION POLICY ARE PURSUANT TO THE WATER
DECREE ENTERED ON JULY 23, 1973 IN THE WATER COURT IN AND FOR WATER
DIVISION 1, STATE OF COLORADO, CASE NO. W-7240, BY, THOMAS J. ARON,
WATER REFEREE, AND CONFIRMED AND APPROVED BY DONALD A. CARPENTER,
WATER JUDGE, ON AUGUST 13, 1973, SUCH DECREE BEING BASED UPON A DATE OF
APPROPRIATION OF DECEMBER 31, 1900 FOR 8.4 ACRE FEET OF STORAGE IN
SCHMIDT LAKE WITH ANNUAL CREDIT OF 150 ACRE FEET GIVEN BY THE TOWN OF
JOHNSTOWN FOR SAID STORAGE. IN ADDITION, THE APPLICANT SHALL PROVIDE
THE APPROPRIATE QUANTITIES OF HOME SUPPLY AND/OR CET WATER AS
NEEDED IN ACCORDANCE WITH THE FINAL DETERMINATION OF THE SCOPE OF THIS
ANNEXATION AND THE WATER DEDICATIONS REQUIRED BY THE TOWN AT THE TIME
OF DEVELOPMENT.
SITE FEATURES
THE WHITETAIL ANNEXATION S,TE CONTAINS APPROXIMATELY 193.4 ACRES WITH
GENTLY SLOPING GRADES RANGING FROM 1% TO 696 PREDOMINANTLY TO THE
SOUTHWEST PROVIDING EXCELLENT VIEWS OF THE MOUNTAINS AND FOOTHILLS
TO THE WEST. THE SLOPES INCREASE TO MODERATE AND STEEP ALONG THE
SOUTHERN BOUNDARY ADJACENT TO THE LITTLE THOMPSON RIVER. THE SITE IS
PRESENTLY USED FOR LIMITED AGRICULTURAL PURPOSES AND IS IRRIGATED BY A
CENTER PIVOT SPRINKLER SYSTEM THAT DRAWS WATER FROM SCHMIDT LAKE
WHICH IS LOCATED ON THIS PROPERTY.
THERE IS ONE PRODUCING GAS WELL ON THE WHITETAIL ANNEXATION PROPERTY
LOCATED APPROXIMATELY 1000 FEET SOUTH OF COUNTY ROAD 46 AT THE
CENTER OF THE SITE.
THERE IS SCATTERED NATIVE VEGETATION THROUGHOUT THE SITE CONSISTING OF
GRASSES, DECIDUOUS TREES AND SHRUBS AND AN ASSORTMENT OF NOXIOUS
WEEDS, FROM THE COUNTY ROAD 46 TWO SMALL FLAT FIELDS CAN BE
OBSERVED (APPROXIMATELY 20 ACRES EACH); HOWEVER, THE REST OF THE
GROUND IS DIVIDED INTO IRREGULAR PATCHES MAKING ROW CROPS DIFFICULT TO
MANAGE AND IMPOSSIBLE TO FLOOD IRRIGATE DUE TO THE ROLLING SLOPING
HILLSIDE.
LOCATED 1000' SOUTHEAST OF THE PRESENT SITE ACCESS ON COUNTY ROAD 46
ADJACENT TO THE GRAVEL LANE IS AN EXISTING RESIDENCE ON A PARCEL OF
LAND APPROXIMATELY 3 ACRES IN SIZE. THIS PARCEL IS ENTIRELY SURROUNDED
BY THE ANNEXATION SITE. ACCESS WILL BE MANTANED TO THIS PROPERTY BY
DEVELOPMENT OF THE PROPOSED STREET STRUCTURES AND EASEMENTS.
PLEASE REFER TO THE SITE ANALYSIS MAP INCLUDED AS EXHIBIT D FOR GRAPHIC
ILLUSTRATION OF THESE NATURALLY OCCURRING AND MAN-MADE FEATURES.
PROJECT PLAN; ZONING
PROJECT CONCEPT
THE WHITETAIL ACRES ANNEXATION PROPERTY iS PROPOSED AS A NEW
RESIDENTIAL DEVELOPMENT THAT WILL ENRICH THE TOWN OF JOHNSTOWN'S
HOUSING AVAILABILITY AND DIVERSITY. A DETAILED SITE STUDY HAS BEEN
PREPARED TO ANALYZE NATURAL DRAINAGE AND FLOOD HAZARD, WETLAND
PRESERVATION, VIEWS, VEGETATION, SOIL CONDITIONS AND EXISTING
STRUCTURES. THIS SITE IS ALSO UNDER CONSIDERATION FOR DEVELOPMENT OF A
5 ACRE PARCEL. AT THE SOUTHEAST CORNER FOR A MODERN NEW TREATMENT
PLANT TO SERVE THE TOWN. CONCURRENTLY, THE TOWNS ASPIRATION TO
DEVELOP A TREATMENT PLANT TO FACILITATE COMMERCIAL DEVELOPMENT AND
EXPAND ITS ABILITY TO PROVIDE SERVICES, AND THE TOWNS COMPREHENSIVE
PLAN WERE CONSULTED.
THE SUBSEQUENT PLAN COMPLIMENTS THE SITES NATURAL FEATURES WHILE
CONSIDERING THE SENSITIVE NATURE OF PROXIMITY TO A TREATMENT PLANT.
IMPROVEMENT BOUNDRIES HAVE BEEN IDENTIFIED WITH RESPECT TO THE EXISTING
DRAINAGE THROUGH SCHMIDT LAKE TO THE LITTLE THOMPSON RIVER ON THE
SOUTH. VEHICULAR TRAFFIC CONTROL SHALL BE PROVIDED BY THE EXISTING
ACCESS POINT ON WELD COUNTY ROAD 4 TO THE NORTH. CIRCULATION ON SITE
WILL BE ACCOMPLISHED BY MEANS OF AN INTERNAL COLLECTION SYSTEM.
SINGLE FAMILY HOMES ARE PROPOSED FOR THE PROPERTY WITH AN OVERALL
PROJECT DENSITY OF 3.0 DWELLING UNITS PER ACRE. OPEN SPACE WILL BE
PROVIDED UTILIZING EXISTING NATURALLY OCCURRING FEATURES OF THE SITE
ALONG THE DRAINAGEWAY AND THE RIVER BASIN ON THE SOUTH, AND WILL MEET
OR EXCEED THE TOWN'S REQUIREMENTS FOR OPEN SPACE.
EXISTING LAND USE AND ZONING
THE WHITETAIL ANNEXATION IS INCLUDED IN THE AREAS DESIGNATED FOR
RESIDENTAL LAND USE BY THE DEVELOPMENT MAP APPROVED FOR THE
JOHNSTOWN COMPREHENSIVE PLAN. THE SITE IS CURRENTLY ZONED AS
AGRICULTURAL LAND UNDER THE WELD COUNTY ZONING REGULATIONS. THE
LAND IS CURRENTLY USED FOR LIMITED AGRICULTURAL PURPOSES. THE
APPLICANT ACQUIRED THIS PROPERTY IN 1992 FROM A LENDER WHO HAD
FORECLOSED ON IT. THE PROPERTY WAS HIGHLY INFESTED WITH NOXIOUS WEEDS
DUE TO THE DIFFICULTY OF MANAGING IT WITH NORMAL ECONOMICALLY FEASIBLE
FARMING PROCEDURES. THE FARMERS WHO HAVE TRIED IN THE PAST WERE
UNABLE TO DO SO. THE TRACT OF LAND PROPOSED FOR ANNEXATION IS NOT A
VIABLE FARM AS DEMONSTRATED BY THE PREVIOUS BANKRUPTCIES, COMMODITY
PRICES AND SOIL TYPES.
PROPOSED LAND USE AND ZONING
THE PROPOSED _AND USE FOR THE PROPERTY IS FOR SINGLE FAMILY RESIDENTIAL
DEVELOPMENT. PROPOSED ZONING OF THE PROPERTY IS RESIDENTIAL. THE
PROPOSED RESIDENTIAL DEVELOPMENTS CONTAINED WITHIN THE ANNEXATION
SHALL BE SUBJECT TO THE PROVISIONS OF A DECLARATION OF PROTECTIVE
COVENANTS. A PRELIMINARY COPY OF THESE PROTECTIVE COVENANTS 'S
INCLUDED AS "EXHIBIT E". IT IS THE APPLICANTS INTENT TO ESTABLISH AND
PROMOTE THE HARMONIOUS AND ATTRACTIVE DEVELOPMENT OF THIS PROPERTY
TO THE MUTUAL BENEFIT OF THE SUBSEQUENT OWNERS, ADJACENT
LANDOWNERS AND RESIDENTS OF THE TOWN OF JOHNSTOWN.
THE ENCLOSED BUBBLE PLAN ("EXHIBIT D") ILLUSTRATES THE PROPOSED LAND USE
AND ZONING FOR THE ANNEXATION. THREE POSSIBLE SCENARIOS EXIST AND ARE
CONTINGENT UPON THE POTENTIAL DEVELOPMENT OF THE TREATMENT PLANT AT
THE SOUTHEAST CORNER OF THE SITE. THE ATTACHED BUBBLE PLAN SHOWS ONE
POTENTIAL CONFIGURATION OF THE PROPOSED DEVELOPMENT CONSISTENT WITH
THE ABOVE DESCRIBED LAND USE AND ZONING. THE ATTACHED BUBBLE PLAN IS
PROVIDED FOR CONCEPTUAL PURPOSES ONLY AND DOES NOT NECESSARILY
DEPICT THE DEVELOPMENT AS IT WILL ACTUALLY OCCUR. THE ACTUAL
DEVELOPMENT WILL COMPLY WITH THE APPROVED LAND USE AND ZONING
DESIGNATIONS APPLICABLE TO THE PROPERTY, INCLUDING MAXIMUM PERMITTED
DENSITY. SUBJECT TO THE MAXIMUM APPROVED DENSITY,
THE APPLICANT IS CURRENTLY NEGOTIATING THE POTENTIAL ACQUISITION BY THE
TOWN OF A 5-ACRE PARCEL WITHIN THE ANNEXATION BOUNDRIES FOR THE
CONSTRUCTION OF A DESIGNATED CROSS POINT TREATMENT PLANT. THIS
NEGOTIATION MAY OR MAY NOT BECOME A VIABLE PART OF THE PLANNING
REQUIRED FOR THIS POSSIBILITY IN REGARD TO THE PROVISION OF SERVICES TO
THIS SITE. IN THEE EVENT IT BECOMES UNFEASIBLE TO CONSTRUCT THE TREATMENT
PLANT TWO OPTIONS WILL EXIST FOR THE TOWN AND THE APPLICANT. THE FIRST
WILL BE THE POSSIBILITY OF CONSTRUCTING A LIFT STATION TO CONNECT TO
EXISTING JOHNSTOWN TREATMENT FACILITIES FOR THE PURPOSE OF SERVING THE
ANNEXATION. THE CAPACITY OF THE LIFT STATION GOULD DEGREASE THE
MAXIMUM APPROVED DENSITY. THE SECOND OPTION WOULD BE TO PROVIDE
INDIVIDUAL SEPTIC SYSTEMS FOR EACH LOT GONSISTANT WITH HEALTH
DEPARTMENT REGULATIONS AND REQUIREMENTS. THIS WOULD RESULT IN AN
INCREASE IN THE REQUIRED LOT SIZES AND A DEGREASE IN THE MAXIMUM
ALLOWED DENSITY. IN ANY CASE, THIS REPORT ADDRESSES `HE APPROACH
WITH THE HIGHEST DENSITY FOR PURPOSES OF DETERMINING IMPACT
THE CONCEPTUAL DEVELOPMENT SHOWN ON THE ATTACHED BUBBLE PLAN IS
LIMITED TO RESIDENTIAL USE WITH A PORTION TO BE USED FOR THE TREATMENT
PLANT. THE SITE. AREA TOTALS APPROXIMATELY 193.0 ACRES. THE AMOUNT OF
LAND WHICH WILL BE DEDICATED FOR NATURAL OPEN SPACE WILL MEET OR
EXCEED THE TO'WN'S REQUIREMENTS FOR OPEN SPACE AND DEDICATED LANDS
WILL BE LEFT IN TS NATURAL STATE.
WITH 550 RESIDENTIAL DWELLING UNITS PROPOSED, A GROSS DENSITY OF 3.0
DWELLING UNITS/ACRE RESULTS. THE ATTACHED BUBBLE PLAN IS PROVIDED
SOLELY FOR CONCEPTUAL PURPOSES TO DEPICT ONE POSSIBLE DEVELOPMENT
OF THE PROPERTY IN LIGHT OF THE ZONING, LAND USE AND DENSITY REQUESTED.
APPROVAL OF THE ATTACHED BUBBLE PLAN IS NOT REQUESTED.
PUBLIC USE DEDICATION
THE APPLICANT PROPOSES TO DEDICATE OPEN SPACE FOR THE USE AND BENEFIT
OF THE TOWN, PROVIDED THAT THE COSTS OF MAINTAINING AND EQUIPPING SUCH
OPEN SPACE MAY BE BORNE BY ONE OR MORE HOMEOWNER ASSOCIATIONS
AND/OR SPECIAL TAXING DISTRICTS. THE AMOUNT OF ACREAGE SO DEDICATED
WILL MEET OR EXCEED THE TOWNS REQUIREMENTS FOR OPEN SPACE AND
DEDICATED LANDS. APPLICANT INTENDS TO LEAVE THE OPEN SPACE IN ITS
EXISTING CONDITION.
THE APPLICANT PROPOSES THAT A PORTION OF THE LAND DEDICATED AS OPEN
SPACE BE USED AS DETENTION PONDS TO CONTROL PERIODIC FLOODING OF
LAND LOCATED TO THE NORTH OF THE PROPERTY.
VEHICULAR, BIKE AND PEDESTRIAN CIRCULATION
AT THIS TIME, THE CONCEPTUAL PLAN ADDRESSES ONLY MAJOR VEHICULAR
ACCESS. A RESIDENTIAL INTERNAL COLLECTOR ROADWAY IS PROPOSED TO
PROVIDE ACCESS THROUGH THE SITE. ENTERING THE PROPERTY AT THE
INTERSECTION OF COUNTY ROAD 46, THIS ROAD BISECTS THE PROPERTY, WITH A
CUL-DE-SAC NEAR THE WEST BOUNDRY CLEAR OF THE FLOOD PLAN. THE
COLLECTOR ROAD FOLLOWS THE EXISTING GRAVEL LANE, TO GIVE A FLOWING
AND NATURAL FEELING AS IT CROSSES THE SITE AND PRESERVE ACCESS TO THE
EXISTING RESIDENCE. THIS ROADWAY WILL PROVIDE ACCESS INTO THE
RESIDENTIAL PARCELS. AT THE SOUTHEAST PART OF THE SITE. A PROPOSED
SECONDARY ACCESS 15 IDENTIFIED. SEE THE OUTLINE DEVELOPMENT MAP FOR
LOCATION. EASEMENT AND RIGHT OF WAY FOR THIS ACCESS ARE CONTINGENT
UPON THE DEVELOPMENT OF THE AREAS TO THE WEST PLANNED FOR
COMMERCIAL USE. IN ADDITION, POTENTIAL SECONDARY ACCESS IS PROPOSED
AT THE NORTH END OF THE TREATMENT PLANT SITE. THIS LOCATION WILL
ULTIMATELY BE DETERMINED BY THE TOWN'S DECISION TO CONSTRUCT THE
FACILITY.
BIKE AND PEDESTRIAN CIRCULATION WILL BE AN IMPORTANT PART OF FUTURE,
MORE DETAILED PLANNING. TOWN ENGINEERING AND PLANNING STAFF WILL BE
PART OF THIS PLANNING PROCESS. THE LOCATION OF THE MAJOR GAS LINE RIGHT
OF WAY IDENTIFIED ON THE PLAN OFFERS A UNIQUE OPPORTUNITY FOR
PEDESTRIAN TRAFFIC THROUGH THE SITE. FROM THE NORTH PROPERTY LINE TO
THE RIVER ON THE SOUTH.
DEVELOPMENT PHASING AND SCHEDULE
IT IS ANTICIPATED THAT THE DEVELOPMENT AND RESIDENTIAL BUILDOUT OF THE
SITE WILL OCCUR OVER A PERIOD OF UP TO 5 YEARS, IN TWO PRIMARY PHASES.
MARKET AND OTHER ECONOMIC FORGES, WHICH THE APPLICANT CANNOT PREDICT
OR CONTROL, WILL IN LARGE PART DICTATE THE ACTUAL TIME OF DEVELOPMENT,
SIZE, NUMBER, CONFIGURATION AND COMPONENTS OF THE PHASES.
DEVELOPMENT WILL OCCUR IN A LOGICAL AND COST EFFECTIVE MANNER, TIMED
WITH NOT ONLY MARKET CONDITIONS, BUT ALSO WITH INFRASTRUCTURE
EXTENSION
UTILITIES AND IMPACT ANALYSIS
FISCAL. IMPACT
AT THE TOWNS REQUEST, AND IN CONFORMANCE WITH THE TOWN OF
JOHNSTOWN'S COMPREHENSIVE PLAN, COMMERCIAL USE HAS BEEN RESTRICTED
FROM THE CONCEPTUAL LAND USE PLAN PROPOSED FOR THE WHITETAIL ACRES
ANNEXATION. --HEREFORE, REVENUES TO THE TOWN WILL BE RESTRICTED TO
THOSE ACHIEVED THROUGH INCREASED PROPERTY TAX. HOWEVER, AS
ACKNOWLEDGED IN THE COMPREHENSIVE PLAN, A STRONG RESIDENTIAL BASE IS
NECESSARY TO MEET THE TOWN'S DESIRE TO INCREASE ITS SALES TAX BASE. BY
MEANS OF THE INCREASED POPULATION REALIZED AT BUILDOUT OF THE
ANNEXATION, A DIRECT INCREASE IN THE TOWNS SALES AND USE TAX REVENUES
WILL RESULT. IN ADDITION, SHOULD THE PROPOSED TREATMENT PLANT BECOME A
REALITY, THE POTENTIAL FOR INCREASED COMMERCIAL DEVELOPMENT DUE TO
INCREASED CAPACITY CREATES A MUCH STRONGER ABILITY FOR THE TOWN TC
REALIZE SALES AND USE TAX REVENUES FROM THESE SOURCES. FURTHERMORE,
THE ENTIRE COMMUNITY WILL BENEFIT AS DESIRED BY THE COMPRENSIVE PLAN BY
INCREASED OPPORTUNITY FOR EMPLOYMENT AND SERVICES PROVIDED BY THESE
PROJECTED COMMERCIAL DEVELOPMENTS.
JOHNSTOWN UTILITIES
THE ANTICIPATED MEANS OF CONNECTING TO JOHNSTOWN WATER AND WASTE
WATER SYSTEMS ARE DESCRIBED IN THE UTILITIES AND DRAINAGE REPORT
PREPARED BY IVAR LARSON, P.E. ATTACHED HERETO AS EXHIBIT C. THE WATER
AND SEWER DEMAND ANALYSIS PER ORDINANCE 98-577, SECTION 13-05 IS ALSO
ATTACHED HERETO AS EXHIBIT C.
SERVICE AND OTHER UTILITY PROVIDERS
THE UTILITY AND SERVICE COMPANIES OR DISTRICTS WHICH WILL SERVE THE
PROPOSED PROJECT INCLUDE THE FOLLOWING:
AMBULANCE: WELD COUNTY AMBULANCE SERVICE
ELECTRIC/GAS: KN ENERGY
PUBLIC SERVICE COMPANY
FIRE: JOHNSTOWN FIRE PROTECTION DISTRICT
LIBRARY: WELD COUNTY LIBRARY DISTRICT
POLICE: TOWN OF JOHNSTOWN
RECREATION: RECREATION DISTRICT
SCHOOLS: WELD COUNTY SCHOOL DISTRICT RE-5J
AMS JUNIOR COLLEGE DISTRICT
TELEPHONE: US WEST COMMUNICATIONS, INC.
TRASH: PRIVATE HAULERS
WATER: TOWN OF JOHNSTOWN
SEWER: TOWN OF JOHNSTOWN
MISCELLANEOUS
SCHOOL IMPACT
UTILIZING THE WELD COUNTY DISTRICT RE-5J STUDENT GENERATION FACTORS, THE
FOLLOWING IMPACTS GAN BE EXPECTED AT FULL BUILDOUT OF THE WHITETAIL.
ANNEXATION:
ELEMENTARY SCHOOL 550 DU'S X.345 STUDENT =190 STUDENTS
MIDDLE SCHOOL 550 DU'S X .170 STUDENT =94 STUDENTS
HIGH SCHOOL 550 DU'S X .195 STUDENT =107 STUDENTS
MINERAL RIGHT OWNERS, LEASEHOLDERS; DITCH COMPANIES
THE FOLLOWING IS THE UST OF OWNERS AND LEASEHOLDERS OF MINERAL
RIGHTS ON THE PROPERTY AS WELL AS THE DITCH COMPANIES WITH DITCHES ON
THE PROPERTY:
1. MINERAL RIGHTS ARE OWNED BY IVAR W. LARSON AND DONNA M.
LARSON.
2. THERE ARE NO DITCH COMPANIES WITH LEASES OR INTEREST IN THIS
PROPERTY.
3. PATINA OIL AND GAS CORP. LEASEE AS GRANTED IN ONE LEASE. THE
DEVELOPMENT RIGHTS OF PATINA OAIL AND GAS CORP. ARE SUBJECT TO
A RIGHT OF WAY AND SURFACE DAMAGE AGREEMENT WHICH DEFINES
THE LOCATION OF THE EXISTING OIL WELL ON THE SITE AND RESTRICTS
FURTHER DEVELOPMENT OF THE MINERALS WITHOUT A NEW AGREEMENT
FOR LOCATION AND SURFACE DAMAGE.
STATEMENT OF CONFORMANCE WITH THE JOHNSTOWN
COMPREHENSIVE PLAN
THUS ANNEXATION REQUEST AND CORRESPONDING CONCEPTUAL LAND USE PLAN
CONFORM TO THE JOHNSTOWN COMPREHENSIVE PLAN IN A VARIETY OF WAYS.
FIRST, THE SITE LIES WITHIN THE TOWNS PLANNING AREA AS DESIGNATED ON THE
COMPREHENSIVE PLAN. THE LOCATION OF THE SITE VERIFIES THAT THE SITE IS A
LOGICAL EXTENSION OF THE TOWNS CURRENT BOUNDARIES. SECONDLY THE
ACQUISITION OF THE TREATMENT PLANT SITE IS CRITICAL TO STRATEGIES
REQUIRED TO PEERSUE THE COMPREHENSIVE PLAN. THIS ASPECT IS REINFORCED
BY THE VOLUME OF PROPOSED DEVELOPMENT AND FULLY DEMONSTRATED
WHEN CONSIDERING THE CAPACITY REQUIRED TO SUPPORT THE PROXIMITY OF
COMMERCIAL CONSTRUCTION. THE TOWNS COMPREHENSIVE PLAN ALSO
ENCOURAGES COMMERCIAL USES WITHIN THE EXISTING TOWN CORE AND ALONG
INTERSTATE 25, NOT IN OUTLYING AREAS. THE APPLICANTS ANNEXATION REQUEST
RESPONDS TO THIS DESIRE, t KOPOSING ONLY RESIDENTIAL USES.
OTHER SPECIFIC: POLICIES OF THE PLAN WHICH ARE ADDRESSED BY' THIS REQUEST
INCLUDE:
4 THE TOWNS DESIRE TO ACHIEVE A BALANCED MIX OF HOUSING IN TERMS OF
LIFE-STYLE AND AFFORDABILITY
❖ THE TOWNS DESIRE TO PROTECT FLOODPLAN
❖ THE TOWNS DESIRE TO BUILD A SALES TAX BASE BY MEANS OF A STRONG
RESIDENTIAL BASE
LEGAL DESCRIPTION
ALL OF THE NE1/4 AND ALL THAT PART OF THE SE1/4 LYING NORTH OF THE LITTLE
THOMPSON RIVER IN SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6
P.M., WELD COUNTY, COLORADO:
EXCEPT, THE FOLLOWING DESCRIBED PROPERTY:
PART OF THE NEE1/4 OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE
6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT "-HE NORTHEAST CORNER OF SAID SECTION 14, AND CONSIDERING
THE NORTH LINE OF SAID NE % AS BEARING EAST AND WEST WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
THENCE SOUTH OO'27'42" WEST, 1821.68 FEET;
THENCE NORTH 34246'24" WEST, 344.55 FEET;
THENCE NORTH 27'3132" WEST, 153.49 FEET;
THENCE NORTH 19'32'43" WEST, 124.90 FEET;
THENCE NORTH 161132" WENT, 259.48 FEET:
THENCE NORTH 3001'40" WEST, 487.79 FEET;
THENCE NORTH 26'22'29" WEST, 399.87 FEET;
THENCE NORTH 4708'52" WEST, 375.00 FEET TO A POINT ON THE NORTH LINE OF
SAID NE Ya AND THE APPROXIMATE CENTER LINE OF COUNTY RD 46:
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 90'OO'OO" EAST, A
DISTANCE OF 1,092.92 FEET TO THE POINT OF BEGINNING.
FURTHER EXCEPT, THE FOLLOWING DESCRIBED ROPERTY:
THAT PORTION OF THE EAST HALF OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 68
WEST OF THE 6Tr P.M., COUNTY OF WELD, STATE OF COLORADO. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION,
AS MONUMENTED BY A 1" REBAR AT THE NORTHEAST CORNER AND THE NORTH
QUARTER CORNER OF SAID SECTION, TO BEAR EAST AND WEST AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 14; THENCE ALONG THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAD SECTION WEST 1723.92 FEET
TO THE CENTERLINE OF THAT CERTAN 60.00 FOOT WIDE ACCESS, UTILITY AND
IRRIGATION EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1064, AT
RECEPTION NUMBER 02005185, RECORDS OF SAD COUNTY;
THENCE ALONG SAD CENTERLINE THE FOLLOWING THREE COURSES AND
DISTANCES:
SOUTH 0313'14" EAST 222.70 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST, HAVING A CENTRAL ANGLE OF 4051'08" AND A RADIUS
OF 379.05 FEET, THE CHORD OF SAD CURVE BEARS SOUTH 23'38'48" EAST
264.58 FEET;
THENCE SOUTHERLY ALONG THE ARG OF SAD CURVE 270.26 FEET TO THE END OF
SAD CURVE;
THENCE TANGENT FROM SAD CURVE SOUTH 4tO4'22" EAST 278.02 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAD CENTERLINE OF SAD EASEMENT THE
FOLLOWING THREE COURSES AND DISTANCES:
SOUTH •.'I'04'22" EAST 115.09 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 45'23'OO" AND A
RADIUS OF 16741 FEET, THE CHORD OF SAD CURVE BEARS SOUTH 21'22'52" EAST
129.10 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 132.60 FEET TO THE
END OF SAD CURVE;
THENCE TANGENT FROM SAID CURVE SOUTH 0111838" WEST 200.00 FEET;
THENCE NORTH 88'41'22" WEST 360.00 FEET;
THENCE NORTH O1'18'38" EAST 400.00 FEET;
THENCE SOUTH 88'4122" EAST 228.25 FEET MORE OR LESS TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH A ONE-HALF INTEREST IN THAT CERTAIN 60.00 FOOT WIDE
ACCESS, UTILITY AND IRRIGATION EASEMENT DESCRIBED IN DEED RECORDED IN
BOOK 0983, AT RECEPTION NO. 01010315, RECORDS OF WELD COUNTY,
COLORADO, FOR ACCESS TO THE ABOVE EXCEPTED PROPERTY AND ALL THE
INTEREST IN THE REMAINING EASEMENT DESCRIBED IN THE DEED RECORDED IN
BOOK 0983 AT RECEPTION 01910315 , RECORDS OF WELD COUNTY, COLORADO.
TOGETHER WITH THE LAND IN THE SEI/4 LYING NORTH OF THE LITTLE THOMPSON
RIVER MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION FOURTEEN (14) DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF SAID SECTION 138 RODS NORTH
OF THE SOUTHEAST CORNER OF SAD SECTION;
THENCE RUNNING IN A SOUTHWESTERLY DIRECTION TO A POINT 110 RODS NORTH
AND 40 RODS WEST OF THE SOUTHEAST CORNER OF SAID SECTION;
THENCE DUE WEST 40 RODS TO THE WEST LINE OF SAD EAST HALF OF THE
SOUTHEAST QUARTER:
THENCE NORTH ON SAID WEST LINE 51 RODS TO THE NORTH LINE OF SAID SE 4;
THENCE EAST ON THE NORTH LINE OF SAID SE 4 TO THE EAST LINE OF SAID SE 4;
THENCE SOUTH ON THE EAST LINE OF SAD SE 4 23 RODS TO THE PLACE OF
BEGINNING, CONTAINING 22 ACRES MORE OR LESS.
ALSO BEGINNING 70 RODS NORTH OF THE SOUTHWEST CORNER OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF SAID SECTION FOURTEEN(14);
THENCE NORTHEASTERLY TO A POINT 110 RODS NORTH AND 28 RODS EAST OF
SAME POINT;
THENCE EAST 52 RODS TO THE EAST LINE OF SAID EIGHTY;
THENCE NORTH 51 RODS TO THE NORTH LINE OF SAME;
THENCE WEST ALONG THE NORTH LINE OF SAME TO THE NORTHWEST CORNER
THEREOF;
AND THENCE SOUTH ALONG THE WEST LINE OF SAID SE 4 91 RODS TO THE PLACE
OF BEGINNING, CONTAINING 29 ACRES MORE OR LESS.
A SO COMMENCING AT A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION FOURTEEN (14) WHENCE THE NORTH ONE-QUARTER CORNER OF
SAD SECTION BEARS NORTH O'20' A DISTANCE OF 933 FEET; THENCE SOUTH
ALONG THE EAST ONE-QUARTER LINE A DISTANCE OF 599 FEET; THENCE NORTH
10'45' WEST A DISTANCE OF 300 FEET; THENCE NORTH 20'40' WEST A DISTANCE
OF 400 FEET; THENCE NORTH 00'55 WEST A DISTANCE OF 255 FEET: THENCE
NORTH 38'O' EAST A DISTANCE OF 50 FEET; THENCE SOUTH 7810' EAST A
DISTANCE OF 155 FEET; THENCE NORTH 33'50 EAST A DISTANCE OF 58.5 FEET;
THENCE SOUTH 34'35' EAST A DISTANCE OF 58 FEET; THENCE SOUTH 58'20' EAST
A DISTANCE OF 85 FEET; THENCE SOUTH 32'35' EAST A DISTANCE OF 180 FEET TO
THE POINT OF BEGINNING CONTAINING 2.0 ACRES MORE OR LESS.
• HU�.26. 1996 10:135PM '3TEWRT TITLE FT. COLLINS No.D17 F. 1
Loveland STEWART TITLE Greeley
3850 N. Grant Ave. 3459 W. 20th Street
MAIN OFFICE AND TITLE PLANT
Loveland, CO 80538 3665 John F. Kennedy Parkway Suite 222
(970)669-4071 Building 2 Suite 100 Creaky, CO 80634
Fax(970) 669-4078 Fort Collins, CO 80525 (970) 3210-8767
(970) 226-4399 Fax(970)330-3485
Estes Park Title Fax (970) 282-0822
363 E. Elkhorn Ave. Escrow Fax (970) 226-4499
P.O. sox 871
Estes Park, CO 30517
(970)586-3566
Fax(970)586-3578
August 25, 1998 ORDER NO. 98055413
RE:
LARSON/U.S. HOME CORPORATION
IVAR W AND DONNA M LARSON
925 NORTH COUNTY LINE RD ROUTE 1
BERTHOUD CO
80513
Original PE & PX 970-532-3361
In connection with the above Order No. we are transmitting the following:
Title Commitment _XX_
Endorsement _
Policy
Tax Certificate _XX_ (TO FOLLOW)
Foreclosure Certificate
Other
THANK YOU for your °Title Insurance and Escrow Closing"
business! Please specify °STEWART TITLE SERVICES" in the future!
If ycu have any questions regarding this commitment, please
call--CLOSER: KIM STUART
EXAMINER: DAN GREENFIELD
1 cc: STEWART TITLE ESCROW - GREELEY
ATTENTION: KIM
1 cc: RYLAND HOMES, DENVER DIVISION
ATTENTION: BOB BRISMEHAN 303-220-0232 FX 303-220-9565
8000 E MAPLEWOOD AV STE 120 ENGLEWOOD CO 80111
1 CC: US HOME CORPORATION
ATTENTION: ED ZEBROWSKI 303-779-0715 PX 303-779-6100
6000 S GREENWOOD PLAZA BLVD STE 200 ENGLEWOOD CO 80111
AUG.26. 1996 10:36AM STENAPT TITLE FT. COLLINS NO.017 P.2
SCHEDULE A
Order Number: 98055413
I. Effective date: August 10, 1998 at 7:45 A.M.
2. Policy or Policies to be issued Amount of Insurance
(a)A.L.T.A. Owner's 10-27-92 $
Proposed Insured:
U.S. EOM CORPORATION AND RYLAND HOMES, DENVER DIVISION
(b)A.L.T.A. Loan 10-17-92 $
Proposed Insured:
(c)A.L.T.A. Loan 1a-17-92 $
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in;
IVAR W. LARSON AND DaVNA M. LARSON
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Examiner: DAN GREENFIELD
Purported Address: STATEMENT OF CIMARCa
These charges are due and payable before a
Policy can be Sued.
Owner's Premium $
Mortgage Premium $
Tax Certificate $
RL IG.26. 13'E3 19:37141 'STELJART TITLE FT. COLLINS NO.017 F.3
SCHEDULE B
Section 1
Order Number 98055413
REQUIREMENTS
The following are the requirements to be complied with:
Item (a) Payment to or fir the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured,
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to wit:
1. Warranty Deed from Vested Owner, vesting fee simple title in
purchaser.
2. Deed of Trust from the borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
3. Payment of all taxes and assessments currently due and payable,
if any.
4. Receipt of satisfactory plat of survey. NOTE: Policy will
contain exception to adverse matters disclosed, if any. Company
will notify lender of any adverse matters disclosed and specific
endorsements and their charges which are available to the
lender, if so desired. Notification must be given to Stewart
Title prior to closing of any desired endorsements.
5. Execution of the: approved lien affidavit and its return to this
office. (Lien affidavit sent to lender on new loan, and to
closer on an assumption or cash purchase.)
6. FOR CLOSING INFORMATION, PLEASE flu, TEE GREELEY OFFICE AT
970-330-E767
PLEASE MAKE ALL CEECICS PAYABLE TO STEWART TITLE OF LARIMER
COUNTY, INC.
AUG.25. 1998 10:37AN STEb1GF.'r TITLE FT. COLLINS NO.017 P.4
SCHEDULE B
Section 2
Order Number; 98055413
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or heretterfurnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public
records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
7, Any and all unpaid taxes, assessments and unredeemed tax sales.
8. All existing roads, highways, ditches, utilities, reservoirs,
canals, pipelines, power lines, telephone lines, water lines,
railroads and rights of way and easements therefor.
9. Rights of way for County Roads 30 feet wide on either side of
section and township lines, as established by the Board of
County Commissioners for Weld County, recorded October 14, 1889
in Book 86 at Page 273.
10. Right of the Proprietor of a Vein or Lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the prani.see hereby granted, as reserved in United
States Patent recorded August 20, 1892 in Book 34 at Page 356
and re-recorded Jsne 17, 1897 in Book 34 at Page 410.
11. Oil and gas lease between Sekich & Echeverria Company, a
Partnership and M. R. Diggs, Jr. recorded September 2, 1977 in
Book 807 at Reception NO. 1729441, and any and all assignments
thereof, or interests therein.
12. Right of way for irrigation ditch as set forth in instrument
recorded August 7; 1979 in Book 877 at Reception No. 1799192
and re-recorded September 11, 1979 in Book 881 at Reception No.
1802949.
13. Right of way granted Panhandle Eastern Pipe Line Company by
instruments recorded March 12, 1980 in Book 897 under Reception
No. 1819449 and recorded December 15, 1980 in Book 922 under
Continued on next page
RU6.26. 1998 10:38AM STEblAPT TITLE FT. COLLINS N0.017 F.5
Continuation of Schedule B - Section 2
Order Number: 98055413
Reception No. 1844279.
14. Covenants, conditions and restrictions as contained in the
Development Standards of the map recorded Tune 26, 1981 in Book
940 under Reception No. 1862795.
15. Reservations, restrictions, easements and right of way as set
forth on the map of Recorded Exemption No, 1061-14-1•RE 1373,
recorded October 7, 1991 in Book 1313 under Reception No.
2265460.
16. Terms, conditions, provisions, and stipulations as contained in
Resolution recorded April 1, 1994 in Book 1434 at Reception NO.
2382582.
17. Terms, conditions, provisions, and stipulations as contained in
Resolution recorded April 1, 1994 in Book 1434 at Reception No.
2381583.
18. Terms, conditions, provisions, and stipulations as contained in
Temporary Restraining Order and Order recorded June 5, 1996 in
Book 1550 at Reception No. 2494904 and in Book 1552 at
Reception No. 2496165.
1
AUG.26. 1996 10:28RP1 STEHART TITLE FT. COLLINS NC.017 P.6
SCHEDULE A
Order Number: 9805541.3
LEGAL DESCRIPTION
ALL OF THE NE I/4 AND ALL THAT PART OF THE SE 2/4 LYING NORTH OF THE LITTLE
THOMPSON RIVER IN SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
WELD COUNTY, COLORADO:
EXCEPT THE FOLLOWING DESCRIBED PROPERTY; PART OF THE NE 2/4 OF SECTION 14,
TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID
SECTION 14, AND CONSIDERING THE NORTH LINE OF SAID NE 2/4 AS BEARING EAST AND
WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE 5 00°
27' 42" W 1827..6E FEET; THENCE N 34° 46' 24" W 344.55 FEET; THENCE N 27° 31'
12" W 153.49 FEET; THENCE N 19° 32' 43" W 124.90 FEET; THENCE N 16° 11' 32" W
259.48 FEET; THENCE N 30° 01' 40" W 487.79 FEET; THENCE N 26° 22' 29" W 399.87
FEET; TTZNCE N 47° 08' 52" W 375.00 FEET TO A POINT ON THE NORTH LINE OF SAID
NE 1/4 AND THE APPROXIMATE CENTER LINE OF COUNTY RD 46; THENCE CONTINUING
ALONG SAID NORTH LINE, N 90° 00' 00" E A DISTANCE OF 2,092.92 FEET TO THE
POINT OF BEGINNING.
FURTHER EXCEPT, THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OP THE E 1/2
OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING
THE NORTH LINE OF THE NE 1/4 OF SAID SECTION AS MONUMENTED BY A 1/2" REBAR AT
THE NE CORNER AND THE N 1/4 CORNER OF SAID SECTION, TO BEAR EAST AND WEST AND
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NE
CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF THE NE 1/4 OF SAID
SECTION WEST 2723.92 FEET TO THE CENTERLINE OF THAT CERTAIN 60.00 FOOT WIDE
ACCESS, UTILITY AND IRRIGATION EASEMENT DESCRIBED INDEED RECORDED IN BOOK
2064 AT RECEPTION NO 2005185, RECORDS OF SAID COUNTY; THENCE ALONG SAID
CENTERLINE THE FOLLOWING THREE COURSES AND DISTANCES: S 03° 13' 14" E 222.70
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A CENTRAL
ANGLE OF 40° 51' 08" AND A RADIUS OF 379.05 FEET, THE CHORD OF SAID CURVE
BEARS S 23° 38' 48" E 264.58 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE 270.26 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE S
44° 04' 22" E 278.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID CENTERLINE OF SAID EASEMENT TEE FOLLOWING THREE COURSES AND
DISTANCES; S 44° 04' 22" E 115.09 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SW, HAVING A CENTRAL ANGLE OF 45° 23' 00" AND A RADIUS OF
267.41 FEET, THE CHORD OF SAID CURVE BEARS S 21° 22' 52" E 129.16 FEET; THENCE
SOUTHWASTERLY ALONG TEE ARC OF SAID CURVE 132.60 FEET TO THE END OF SAID
CURVE; THENCE TANGENT FROM SAID CURVE S 01° 28' 38" W 200.00 FEET; THENCE N 88°
41' 22" W 360.00 FEET; THENCE N 01° 18 38" E 400. 00; THENCE S 88° 41' 22" E
228.25 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THE LAND IN THE SE 2/4 LYING NORTH OF THE LITTLE THOMPSON RIVER
MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE 1/2 OF THE SE
1/4 OF SAID SECTION 14, DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE
EAST LINE OF SAID SECTION 138 RODS NORTH OF THE SE CORNER OF SAID SECTION;
THENCE RUNNING IN A SOUTHWESTERLY DIRECTION TO A POINT 210 RODS NORTH AND 40
RODS WEST OF TA'E SE CORNER OF SAID SECTION; THENCE DUE WEST 40 RODS TO THE
WEST LINE OF SAID EAST 1/2 OF THE SE 1/4; THENCE NORTH ON SAID WEST LINE 52
Continued on next page
R G.25.19'98 1U:3%F1 STRHAFT TITLE FT. COLLINS h{O. 2i17 p.F
Continuation of Schedule A - Legal Description
Order Number: 98055413
RODS TO THE NORTH LINE OF SAID SE 1/4; THENCE EAST ON THE NORTH LINE OF SAID
SE 1/4 TO THE EAST LINE OF SAID SE 1/4; THENCE SOUTH ON THE EAST LINE OF SAID
SE 1/4 23 RODS TO THE PLACE OF BEGINNING.
ALSO BEGINNING 70 RODS NORTH OF THE SW CORNER OF THE W 1/4 OF THE SE 1/4 OF
SAID SECTION 14; THENCE NORTHEASTERLY TO A POINT 210 RODS NORTH AND 28 RODS
EAST OF SANE POINT; THENCE EAST 52 RODS TO THE EAST LINE OF SAID EIGHTY;
THENCE N 51 RODS TO THE NORTH LINE OF SAME; THENCE WEST ALONG THE NORTH LINE
OF SAME TO THE NW CORNER THEREOF; AND THENCE SOUTH ALONG THE WEST LINE OF SAID
SE 1/4 92 RODS TO THE PLACE OF BEGINNING,
ALSO COMMENCING AT A POINT ON THE EAST LINE OF THE NW 2/4 OF SAID SECTION 14,
WHENCE THE N 1/4 CORNER OF SAID SECTION BEARS N 0° 20' A DISTANCE OF 933 FEET;
THENCE SOUTH ALONG THE EAST 1/4 LINE A DISTANCE OF 599 FEET; THENCE N 10° 45'
W A DISTANCE OF 300 FEET; THENCE N 20° 40' WA DISTANCE OF 400 FEET; THENCE N
SO° 55' WA DISTANCE OF 255 FEET; THENCE N 38° 0' E A DISTANCE OF 50 FEET;
THENCE S 78° 10' E A DISTANCE OF 155 FEET; THENCE N 33° 50' E A DISTANCE OF
58.5 FEET; THENCE S 34° 35' E A DISTANCE OF 58 FEET; THENCE S 58° 20' E A
DISTANCE OF 85 FEET; THENCE S 32° 35' E A DISTANCE OF 186 FEET TO THE POINT OF
BEGINNING.
"EXHIBIT C"
PRELIMINARY UTILITY AND DRAINAGE REPORT
FOR
WHITETAIL ACRES ANNEXATION
GENERAL LOCATION AND DESCRIPTION
THIS REPORT HAS BEEN PREPARED IN REGARD TO THE WHITETAL ACRES
ANNEXATION, ANNEXATION STATEMENT AND OUTLINE DEVELOPMENT PLAN
SUBMITTED FOR THE TOWN OF JOHNSTOWN, CO.
LOCATION
THE PROJECT SITE IS LOCATED APPROXIMATELY 1.5 MILES TO THE
SOUTHWEST OF THE TOWN OF JOHNSTOWN ON WELD COUNTY ROAD 46.
MORE PRECISELY, THE SITE IS LOCATED IN A PORTION OF THE EAST HALF OF
SECTION 14, TOWNSHIP 4 NORTH, RANGE 08 WEST OF THE OTT PRINCIPAL
MERIDIAN IN THE COUNTY OF WELD, COLORADO. THE SITE IS BOUNDED BY
COUNTY ROAD 46 ON THE NORTH, AND BY THE LITTLE THOMPSON RIVER ON
THE SOUTH. THIS INFORMATON GAN BE SEEN ON "EXHIBIT D".
SITE DESOR R I ION
THE SITE CONTAINS APPROXIMATELY 193.0 ACRES WITH GROUND SLOPES
RANGING FROM 1% TO 6%. GENERALLY, THE SITE SLOPES TO THE
SOUTHEAST. THE SITE IS CURRENTLY IN AGRICULTURAL USE. THE WESTERN
PORTIONS OF THE SITE ARE CHARACTERIZED BY A WELL-DEFINED DRAINAGE
CHANNEL THAT IS TRIBUTARY TO THE LITTLE THOMPSON RIVER. ALSO, AN
IRRIGATION DITCH FOLLOWS THE NORTH BOUNDARY OF THE SITE AND A
DRAINAGE SWALE BORDERS THE NORTHEAST PROPERTY LINE.
FURTHERMORE, ANOTHER DRAINAGE SWALE IS LOCATED ALONG THE WEST
BOUNDARY OF THE SITE. THIS SWALE COLLECTS TAILWATER FROM THE
FARMLAND TO "THE NORTHWEST AND CONVEYS IT TO SCHMIDT _AKE AND
THE LITTLE THOMPSON RIVER. IRRIGATION AND AGRICULTURAL DRAINAGE
STRUCTURES HAVE BEEN CONSTRUCTED AND INSTALLED. THE EXISTING
STORM DRAINAGE FEATURES WERE DESIGNED TO PASS OFF-SITE
STORMWATER RUNOFF THROUGH THE SITE. THESE EXISTING FEATURES
CONSIST OF A SEDIMENT POND WITH A 30" GMP OUTLET RELEASING WATER
INTO SCHMIDT LAKE. SCHMIDT LAKE HAS AN EMERGENCY SPILLWAY AND 12"
CMP PIPE CONTROLLING THE POND ELEVATION BY ACTING AS A PRINCIPAL
SPILLWAY. SCHMIDT LAKE ALSO HAS A DRAIN GATE VALVE AND AN
INDEPENDENT HEADGATE AND PIPE SYSTEM THAT DELIVERS IRRIGATION
WATER TO THE EAST PORTION OF THE SITE. THE EMERGENCY SPILLWAY AND
PRINCIPAL. SPILLWAY RELEASE INTO A NATURAL DRAINAGE SWALE THAT
CARRIES WATER TO A POND LOCATED APH OXIMATELY 500 FEET NORTH
OF THE LITTLE THOMPSON RIVER. THIS POND ALSO HAS AN EMERGENCY
SPILLWAY AND A PRINCIPAL SPILLWAY WITH THE PRINCIPAL SPILLWAY
CONSISTING OF A 24" CMP PIPE. FROM THIS POINT, STORMWATER FLOWS TO
THE LITTLE THOMPSON RIVER BY A NATURAL DRAINAGE SWALE. ALL
PREVIOUSLY INSTALLED IMPROVEMENTS WERE MADE FOR PURPOSES OF
OPTIMIZING THE IRRIGATION SYSTEM ON THIS PROPERTY AND WERE
REVIEWED BY THE U.S. ARMY CORPS OF ENGINEERS FOR COMPLIANCE WITH
WETLANDS CRITERIA. SCHMIDT LAKE DAM IS NOT PROPOSED TO BE
MODIFIED AS A PART OF THIS DEVELOPMENT. THE APPLICANT RECOGNIZES
MODIFICATIONS TO DAMS ARE UNDER THE JURISDICTON OF THE COLORADO
STATE ENGINEER. NO HOMES WILL BE CONSTRUCTED IN THE FLOODWAY
BELOW THE DAM. THEREFORE, THE HAZARD RATING OF THE STRUCTURE WILL
REMAIN UNCHANGED. ALL EXISTING DRAINAGE IMPROVEMENTS HAVE BEEN
DESIGNED TO RESTORE, ENHANCE AND PRESERVE EXISTING WETLANDS.
DEVELOPMENT CRITERIA REFERENCE AND CONSTRAINTS
THE PROPOSED ZONING FOR THE PROJECT SITE WILL CONSIST OF
RESIDENTIAL USES. THE DEVELOPMENT WILL CONSIST OF TWO PHASES,
ENTITLED WHITETAIL 1 ON THE EASTERN SIDE OF THE PRIVATE ENTRY DRIVE
AND WHITETAIL 2 ON THE WESTERN SIDE. THE SITES WILL BE GRADED TO
DRAIN TOWARD THE NATURAL TRIBUTARY CHANNEL IN THE SOUTHERN
PORTION OF THE SITE. A BORROW DITCH IS PROPOSED TO BE CONSTRUCTED
ON EITHER SIDE OF THE ROADWAY TO GARRY STORM RUNOFF IN AN
EASTERLY DIRECTION. DETENTION REQUIREMENTS WILL BE EVALUATED, AS
THE PROJECT BECOMES MORE FULLY DEVELOPED. THE DRAINAGEWAY
INCLUDING THE. EXISTING CHANNEL AND RIVER FRONTAGE WILL BE
DEDICATED AS OPEN SPACE AND WILL BE LEFT IN ITS EXISTING CONDITION.
THE SITE WILL BEE GRADED TO DRAIN ALONG THE HISTORIC DRAINAGE PATHS
TO ENSURE THE DOWNSTREAM FACILITIES WILL NOT BE OVERBURDENED BY
PROPOSED IMPROVEMENTS. DETENTION FACILITIES WILL ENSURE THAT THE
MAJOR AND MINOR STORM RELEASE RATES WILL MATCH HISTORIC RATES IN
POST-DEVELOPMENT CONDITION. THE FINISHED FLOOR ELEVATIONS OF ALL
RESIDENTIAL STRUCTURES WILL BE CONSTRUCTED ABOVE 4850 FEET,
WHICH CORRESPONDS TO THE LITTLE THOMPSON RIVER FLOOD-PLAIN
ELEVATIONS. IT IS ALSO INTENDED THAT THE DAM FOR SCHMIDT LAKE AND
THE DAM FOR THE EXISTING SOUTHERN CATTAIL POND BE RIP-RAPPED FOR
EROSION PROTECTION.
HYDROLOGICAL CRITERIA
RAINFALL AND RUNOFF ANALYSIS WILL BE CALCULATED IN ACCORDANCE
WITH TOWN, COUNTY OR STATE STANDARDS THAT ARE IN EFFECT AT THE
TIME OF DEVELOPMENT.
GENERAL CONCEPT
TYPICALLY IN RESIDENTIAL DEVELOPMENTS, RUNOFF IS DRAINED AWAY
FROM BUILDINGS IN SWALES, DISCHARGING INTO THE LOCAL STREET AND
COLLECTED IN THE DETENTION FACILITIES. STORM SEWERS WILL BE
PROVIDED WHERE THE RUNOFF EXCEEDS THE ALLOWABLE GRITERA. THE
DETENTION FACILITIES WILL DISCHARGE INTO THE EXISTING IMPROVEMENTS
AND THE LITTLE THOMPSON RIVER AT THE SOUTHERN PORTION OF THE SITE
AT RATES REGULATED BY THE CRITERIA.
SPECIFIC DETAILS
AT THIS TIME, SPECIFIC DETALS ARE NOT DETERMINED AND WILL BE A
RESULT OF THEE ULTIMATE DECISIONS ATTAINED REGARDING THE PROPOSED
TREATMENT FACILITY AT THE SOUTHEAST CORNER OF THE SITE. DENSITY
AND CONFIGURATION OF THE DEVEI OPMENT WILL BE ESTABLISHED AT A
LATER DATE. THESE ELEMENTS WILL ULTIMATELY AFFECT FINAL DRAINAGE
DESIGNS. As THE FINAL PLANS DEVELOP, SPECIFIC DETALS WILL BE
PROVIDED TO THE TOWN OF JOHNSTOWN IN ACCORDANCE WITH TOWN,
COUNTY OR STATE STANDARDS THAT ARE IN EFFECT AT THE TIME OF
DEVELOPMENT.
RECOMMENDATIONS AND CONCLUSIONS
BORROW DITCHES ALONG EITHER SIDE OF THE ROADWAW ARE TO BE 2.0
FEET DEEP WITH SIDE SLOPES APPROXIMATELY 4 : 1 AND AT A LONGITUDINAL
SLOPE EQUAL TO OR GREATER THAN SIX TENTHS %. TWO 36" GMP
CULVERTS ARE TO BE INSTALLED IN THE ROADBED WHERE IT CROSSES THE
NATURAL DRAINAGE SWALE DOWNSTREAM OF SCHMIDT LAKE. THE ROAD
ELEVATION AT THIS GROSSING SHOULD BE GRADED SUCH THAT LOW
FREQUENCY STORMS WILL NOT OVERTOP THE ROADWAY. IT IS ALSO
RECOMMENDED THAT THE ROADWAY EMBANKMENT BE RIPRAPPED AT THIS
LOCATION.
IN CONCLUSION, CONSIDERING THE EXISTING DRAINAGE IMPROVEMENTS
NOW IN PLACE AND PROVIDING THE ABOVE DRAINAGE RECOMMENDATIONS
ARE FOLLOWED THE ON-SITE AND OFF-SITE STORMWATER WILL BE
ADEQUATELY CONVEYED WITH NO ADVERSE IMPACT ON DOWNSTREAM
PROPERTIES.
WATER AND SEWER DEMAND ANALYSIS
INTRODUCTION
IN ACCORDANCE WITH THE TOWN OF JOHNSTOWN, COLORADO'S REQUIREMENTS FOR
ANNEXATION THIS REPORT DESCRIBES THE PROJECTED DEMAND FOR BOTH SANITARY
SEWER AND DOMESTIC WATER PROVISIONS FOR THE PROPOSED WHITETALE ACRES
DEVELOPMENT ACQUISITION.
LAND USE AND ANTICIPATED POPULATION DENSITY OF WHITETAIL ACRES
AS CHARACTERIZED BY THE OUTLINE DEVELOPMENT PLAN INCLUDED IN THIS IMPACT
STUDY, THERE ARE 115 ACRES THAT WILL BE USED FOR RESIDENTIAL DEVELOPMENT. THIS
FIGURE IS EXCLUSIVE OF THE PROPOSED TREATMENT PLANT, POTENTIAL ROAD RIGHT OF
WAYS AND OPEN SPACE PROVIDED. THE MAXIMUM ALLOWABLE DENSITY FOR THIS
DEVELOPMENT IS 5.4 UNITS PER ACRE. WHEN CALCULATED ON THE BASIS OF THESE
FIGURES THE RESULT IS APPROXIMATELY 621 UNITS. THE APPLICANT PROPOSES ONLY
550 UNITS FOR THIS PROPEK I Y AND DATA PROVIDED HEREIN IS BASED UPON THIS
QUANTITY. ACCORDING TO THE TOWN OF JOHNSTOWN ORDINANCE NO. 97-577,
SECTION 13-63-H: AN EQUIVALENT RESIDENTIAL UNIT (EQR) OR "UNIT IS DEFINED AS "A
NUMBER RELATED TG THE VOLUME OF WATER NECESSARY TO MEET THE DEMAND AND
CONSUMPTIVE USE ZEQUIREMENTS OF AN AVERAGE DWELLING UNIT HOUSING 35
PERSONS AND HAV NG NOT MORE THAN TWO THOUSAND FIVE HUNDRED (2,500)
SQUARE FEET OF IRRIGATED AREA. THE EQR UNIT VALUE ASSIGNED TO A DWELLING UNIT
IS 1: THEREFORE, USING 1 UNIT EQUALS 3.5 PEOPLE AND MULTIPLYING BY THE TOTAL
NUMBER OF UNITS:
550 UNITS X 3.5 PEOPLE/UNIT = 1925 PEOPLE (IN THE PROPOSED DEVELOPMENT)
AS PREVIOUSLY STATED, THE ULTIMATE DENSITY FOR THIS PROPERTY SHALL BE
DETERMINED BY NATURE OF THE PROVISIONS FOR SANITARY SEWER. IT IS THE
APPLICANTS INTENT TO PROVIDE A LOCATION FOR THE NEW TREATMENT FACILITY TO
THE MUTUAL BENEFIT OF THE TOWN AND ITS RESIDENTS THAT WILL SERVE THIS
DEVELOPMENT.
ANTICIPATED WATER CONSUMPTION OF WHITETAIL ACRES ANNEXATION
USING DATA PREVIOUSLY ACCEPTED BY THE TOWN DERIVED FROM THE LAND
DEVELOPMENT HANDBOOK THE AVERAGE WATER CONSUMPTION FOR THE 50 U.S.
STATES IS ANYWHERE FROM 60 GPCD (GALLONS PER CAPITA PER DAY) TO 150 GPCD
WITH APPROXIMATELY 113 GPCD BEING THE NATIONAL AVERAGE. ADDITIONALLY, FROM
TABLE 13.3, 'PUBLIC SUPPLY FRESHWATER USE BY STATE", THE COLORADO DOMESTIC
FRESHWATER USE IS APPROXIMATELY 150.4 GPCD. WATER PRESSURES FOR THIS
DOMESTIC WATER SUPPLY RANGE FROM 40 PSI TO 60 PSI IN THE STREET WITH 80 PSI
BEING THE APPROXIMATE UPPER LIMIT.
FIRE FLOW DEMAND
FIRE DEMAND FLOW (F) IS CALCULATED USING THE FOLLOWING EQUATION AS
PROVIDED BY THE INSURANCE SERVICES OFFICES.
F = 18xCxA05S WHERE;
F = REQUIRED FLOW IN GAL/MIN
C = COEFFICIENT RELATED TO THE TYPE OF CONSTRUCTION
A = TOTAL FLOOR AREA IN SQ.FT. EXCLUDING THE BASEMENT (ASSUME BASEMENT IS
UNFINISHED)
IN GENERAL THE VALUES FOR G ARE PROVIDED IN THE FOLLOWING TABLE:
TABLE 1.VALUES OF C USED IN THE FIRE DEMAND EQUATION
C VALUE TYPE OF CONSTRUCTION
1.5...........:__._ WOOD FRAME CONSTRUCTION
1.0 ORDINARY CONS-RUCTION
O9 HEAVY TIMBER BUILDING
G8 NON-COMBUSTIBLE CONST2U CTION
0.G F2E RESISTIVE CONSTRUCTON
FOR THIS FIRE DEMAND FORMULA THE MINIMUM FIRE FLOW IS 500 GAL/MIN. AND THE
MAXIMUM IS 8,000 GAL/MIN. NORMALLY ATTRIBUTED TO THE WOOD FRAME TYPE OF
CONSTRUCTION. FOR A SINGLE FIRE, THE TOTAL OF ALL WATER DEMAND PURPOSES
(DOMESTIC CONSUMPTION PLUS FIRE FLOW DEMAND) MUST NOT BE GREATER THAN
12,000 GALLMIN.
AS AN EXAMPLE, FOR GROUPS OF SINGLE AND TWO FAMILY RESIDENCES, THE
FOLLOWING TABLE ILLUSTRATES THE FIRE FLOW DEMAND AS A FUNCTION OF THE
DISTANCE BETWEEN THE STRUCTURES4:
TABLE 2. RESIDENTAL FRE FLOWS AS A=UNGTON OF THE DISTANCE BETWEEN STR.,O`URES
DISTANCE BETWEEN REQUIRED FIRE
ADJACENT UNITS(FT) FLOW, GALVMIN.
>100 500
31-'00 750-1000
11.30 1000-1500
<10 1500-2000
AS MAY BE OBVIOJS, THERE IS NO CLEARLY DEFINED RELATIONSHIP BETWEEN
AVERAGE AND PEAK FLOW THAT 15 APPLICABLE IN ALL COMMUNITIES. FOR THIS
REASON, EACH COMMUNITY SHOULD BE CAREFULLY STUDIED TO DETERMINE
VARIATIONS IN RATE WITH TIME AND LOCATION. IN THE ABSENCE OF REAL DATA AS
RELATED TO THE CITY OF JOHNSTOWN, GO, IT IS NECESSARY TO ESTIMATE THE
MAXIMUM RATES OF WATER CONSUMPTION. THE MAXIMUM DAILY CONSUMPTION IS
LIKELY TO BE 180% OF THE ANNUAL AVERAGE. THE WEEKLY MAXIMUM '5 LIKELY TO BE
148% OF THE ANNUAL AND' THE MONTHLY MAXIMUM IS LIKELY TO BE 128% OF THE
ANNUAL AVERAGE.
IN ORDER TO DETERMINE THE MAXIMUM WATER DEMAND DURING A FIRE, THE FIRE FLOW
MUST BE ADDED TO THE MAXIMUM DAILY CONSUMPTION RATE. IF IT IS ASSUMED THAT A
COMMUNITY LIKE JOHNSTOWN'S WHITETAIL ANNEXATION HAS A POPULATION OF 1925
AND THAT THE AVERAGE CONSUMPTION IS 150 GPCD AND A FIRE FLOW DICTATED BY
RESIDENCE OF ORDINARY CONSTRUCTION WITH AN AVERAGE FLOOR AREA OF 1‘=00
SQUARE FEET AND A HEIGHT OF TWO STORES, THE EXAMPLE CALCULATION FOR
WHITETAIL ANNEXATION IS AS FOLLOWS:
AVERAGE DOMESTIC DEMAND = 1925 PEOPLE X 150 GPCD = 288,750 GAL/DAY
MAXIMUM DAILY DEMAND = 1.8 X AVERAGE = 1.8 X 288,750 = 519,750 GAL/DAY
FOR THE FIRE DEMAND FROM THE EQUATION :
F = 18 X (1)X (1400 X 2 STORIES)c5
F = 952 GAL/MIN. = 1,370,880 GALS/DAY
MAXIMUM RATE = MAXIMUM DALY DEMAND + FIRE DEMAND, PER DAY
MAXIMUM RATE = 519,750 GAL/DAY + 1,370,880 GAL/DAY = 1,890,030 GALS/DAY
THE UTILITY MUST BEE ABLE TO SUSTAIN THIS FIRE FLOW FOR A CERTAN AMOUNT OF
TIME. THIS TIME IS USUALLY ANYWHERE FROM 4 HOURS TO 10 HOURS, OR MORE, AND
DIRECTLY RELATES TO THE AMOUNT OF WATER STORAGE FOR A GIVEN COMMUNITY.
TABLE 3 GIVES THE REQUIRED FIRE FLOW DURATION, IN HOURS, AS A FUNCTION OF THE
REQUIRED FIRE FLOW RATE.
TAS c 3. FRE FLOW DURATION
REQUIRED FIRE FLOW REQUIRED DURATION OF
GAL/MIN. FIRE FLOW, HOURS
<1000 4
1000--1250 5
1250-1500
1500-1750 7
1750-2000 8
2000-2250 9
>2250 10
AT THE MAXIMUM RATE OF 1,890,030 GALS/DAY, THIS HAS THE AVERAGE EQUIVALENT
OF: 1,890,030 GALS/DAY / (SOMIN./HOUR) / (24 HOURS) = 1313 GAL/MIN.
AS GAN BE SEEN FROM TABLE 3, THE REQUIRED FIRE FLOW DURATION FOR WHITETAIL
ANNEXATION 15 6 HOURS, HENCE THE TOTAL AMOUNT OF WATER REQUIRED DURING THIS
DAY WOULD BE THE AVERAGE CONSUMPTION PLUS THAT FRACTION OF THE FIRE FLOW
DEMAND REQUIRED DURING THE 6 HOURS:
AMOUNT REQUIRED = MAXIMUM DALY DEMAND + FIRE DEMAND X (6 HOURS / 24HOURS)
AMOUNT REQUIRED = 519,750 GAL. + (1,370,880 GALS X6/24) = 802,470 GALS
THIS REPRESENTS AN AVERAGE PER CAPITA RATE PER DAY OF 802,470 GALS / 1925
PEOPLE = 448 GAL/DAY FOR THAT PARTICULAR DAY IN THE EVENT OF PEAK USAGE
COMBINED WITH A FIRE FLOW DEMAND.
ANTICIPATED SANITARY SEWER CONSUMPTION
SANITARY SEWAGE IS DERIVED PRINCIPALLY FROM THE WATER SUPPLIED TO WHITETAIL
,ACRES ANNEXATION. THE PROPORTION OF THE WATER THAT WILL ACTUALLY REACH THE
SANITARY SEWERS DEPENDS ON THE LOCAL WATER USE CONDITIONS PRESENT WITHIN
THE DEVELOPMENT. -TYPICALLY, IT IS FAIRLY COMMON TO ASSUME THAT THE AVERAGE
RATE OF SEWAGE FLOW IS APPROXIMATELY EQUAL TO THE AVERAGE RATE OF WATER
CONSUMPTION. THIS, ASSUMPTION SHOULD ONLY BE MADE HOWEVER, AFTER A
CAREFUL ANALYSIS OF ANY SPECIAL CONSIDERATIONS THAT MAY EXIST WITHIN THE
ANNEXATION. EXAMPLES OF THIS WOULD BE THAT THE RESIDENTS WATER THEIR LAWNS
MORE OR LESS THAN AVERAGE OR THAT THEY DRINK MORE OR LESS BOTTLED WATER
THAT DID NOT ORIGINATE FROM THE WATER SUPPLY. IF IT WERE ASSUMED THAT 9095 OF
THE AVERAGE DOMESTIC DEMAND WATER SUPPLIED IS RETURNED TO THE SANITARY
SEWER SYSTEM, THEN THE AVERAGE DAILY EFFLUENT WOULD BE: 288,750 GALS/DAY X
90% = 259,875 GAL/DAY
REFERENCES
LAND DEVELOPMENT HANDBOOK. SIDNEY O. DEWBERRY, MCGRAW-HILL PUB., (REV 1996), P. 461-466
• LAND DEVELOPMENT HANDBOOK. SIDNEY O. DEWBERRY, MCGRAW-HILL PUB., (REV 1996), P. 463
• WATER SUPPLY AND SEWERAGE. 6TH ED., TERRENCE I MCGHEE, MCGRAW-HILL PUB.. (1991), P. 13.
• WATER SUPPLY AND SEWERAGE. 6TH ED., TERRENCE I MCGHEE, MCGRAW-HILL PUB., (1991), P. 15.
WATER SUPPLY AND SEWERAGE. 6TH ED., TERRENCE I MCGHEE, MCGRAW-HILL PUB., (1991), P. 14.
6 WATER SU Y AND SEWERAGE. 6TH ED., TERRENCE I MCGHEE, MCGRAW-HILL PUB., (1991), P. 16
TOWN OF JOHNSTOWN
AVERAGE ANNUAL WATER DEMAND WORKSHEET
PROJECT NAME: WHITETAIL ACRES ANNEXATION
CONTACT PERSON: IVAR LARSON
TELEPHONE: 9 70-532-3301
VALUES SHOULD BE AVERAGES FOR ENTIRE PROJECT.
LOT USAGE: SINGLE FAMILY RESIDENTAL
LOT SIZE 9108 SF
BREAKDOWN:
BUILDING FOOTPRINT 1400 SF
GARAGE 500 SF
DRIVEWAY 1000 SF
SIDEWALKS 200 SF
PAT OS 400 SF
IRRIGATED LANDSCAPING 4000 SF
OTHER NON-IRRIGATED AREA 1608 SF
TOTAL 9108 SF
A. IRRIGATION DEMAND FOR LOTS:
SUBTOTAL: TOTAL NUMBER OF LOTS 550
x AVERAGE IRRIGATED AREA PER LOT (SF) 4,000
43,560
x 2.5 AF/A
126 AF
PAGE 1 OF 4
REV. 12/11/98
B. OTHER USAGE:
IRRIGATED PARKS O ACRES
IRRIGATED ENTRY FEATURES 1 ACRES
IRRIGATED STREET ROW S ACRES
OTHER IRRIGATED AREAS 0 ACRES
SUBTOTAL 7 ACRES
G. IRRIGATION DEMAND FOR OTHER USAGE:
SUBTOTAL: TOTAL AGERAGE 7 (suSTOrA_Fen•,Box B)
x 2.5 AF/A
17.5 AF
TOTAL AF FROM BOX A 120 AF
TOTAL AF FROM BOX G 17.5 AF
TOTAL 143.5 AF
PAGE 2OF4
REV. 12/11/98
SUMMARY OF AVERAGE ANNUAL WATER REQUIREMENTS
TYPE UNITS UNIT REQUIREMENT ANNUAL
REQUIREMENT
(ACRE FEET)
A. INSIDE USE
1. SINGLE-FAMILY 550 LOTS 0.33AF/LUI 181.5
DETACHED
2. MULTI-FAMILY UNITS 0.29 AF/UNT 0
3. COMMERCIAL SO FT 0.10 GPO/SO FT, 0
4. OFFICE SO FT 0.16 GPD/S0 FT O
5. LIGHT INDUSTRIAL SO FT 0.06 GPD/S0 FT 0
6. OTHER 0
TUrAL INSIDE USE 1815
B. IRRIGATION
1. SINGLE-FAMILY 550 LC.I S 0.17 AF X AVERAGE
IRRIGATED AREA PER 125.0
LOT(SF) _3000 SF
2. COMMERCIAL 0 ACRES 2.5 AF/ACRE 0
3. OFFICE 0 ACRES 25 AF/ACRE 0
4. LIGHT INDUSTRAL O ACRES 25 AF/ACRE 0
5. PARKS O ACRES 2.5 AF/ACRE 0
6. OTHER 7 ACRES 2.5 AF/ACRE 175
TOTAL OUTSIDE
USE:
TOTAL 142.5
PAGE 3OF4
REV. 12/11/98
AVERAGE ANNUAL CONSUMPTIVE USE
INSIDE USE
TOTAL DEMAND (AF) 181.5x 0.05 = 9.0 AF
OUTSIDE USE
TOTAL DEMAND (AF) 142.5x 0.85 = 121.0 AF
TOTAL 130.0 AF
PAGE 4OF4
REV. 12/11/98
DECLARATION OF PROTECTIVE COVENANTS
WHITETAIL ACRES 1
AND
WHITETAIL ACRES 2
both minor subdivisions situated in Weld County, Colorado,
This Declaration of Protective Covenants running with the land is
made by the Owners of all of the real Property to be known as
WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 , which Property is
described in those certain subdivision plats recorded for WHITETAIL
ACRES 1 AND WHETETAIL ACRES 2, located in:
Section 14 Township 4 North, Range 68 West
of the 6th Principal Meridian, Weld County, Colorado.
RECITALS
1. Declarant is the Owner in fee of all of the above-described
land in those minor residential developments sometimes referred to
hereafter as Whitetail Acres 1 and Whitetail Acres 2 or the
"Property" .
2 . It is the intention and desire of the Declarant to set forth
this Declaration of Protective Covenants in order to promote the
harmonious and attractive development of the Property for the
health, comfort:, safety, convenience, and general welfare of the
present and subsequent Owners of the Property and each portion
thereof.
NOW THEREFORE, Declarant hereby declares that the Property is
subject to the following protective covenants which shall run with
the land for the benefit of and be binding upon each present and
subsequent Owner of any portion of the Property and their
respective grantees, successors, personal representatives, and
assigns.
ARTICLE I
DEFINITION OF TERMS
1. 01 As used in this Declaration, the following terms shall have
the meanings indicated:
Architectural Control Committee. The committee described in
Article V of this Declaration.
Association. Mountain view Estates 1 and 2 Owners Association.
The members of which shall be all of the several Owners of the lots
within the Property.
Board. The duly elected Board of Directors of the Association.
1
Bylaws. The duly adopted Bylaws of the Association as the same
may be amended from time to time.
Colorado Common Interest Ownership Act (sometimes also
referred to herein as "CCIOA") . The applicable provisions of
Colorado statutes known as the "Colorado Common Interest Ownership
Act" , which is now codified as Article 33 . 3 of Title 38 , Colorado
Revised Statutes, as may from time to time hereafter be amended.
Common Elements. The Plats of WHITETAIL ACRES 1 AND WHITETAIL
ACRES 2 . Describes roads, irrigation and utility easements as shown
upon the Plat. Those are called common elements.
Declarant:. The Owner of the Property whose signature is
affixed to this Declaration.
Owner. The record fee Owner or Owners if more than one of a
lot, including Declarant so long as any lot remains unsold.
Plats. The Plats of Whitetail Acres 1 and Whitetail Acres
2 , located in
Section 1.4, Township 4 North, Range 68 west of the 6th
Principal. Meridian, Weld County, Colorado
Property. All of the real Property known as WHITETAIL ACRES 1
AND WHITETAIL ACRES 2 .
ARTICLE II
LAND USE CONTROL
2 . 01 Land Use and Building Type. No lot shall be used except for
residential and related purposes. No building other than
outbuildings permitted by paragraph 2 . 02 , shall be erected,
altered, placed, or permitted to remain on any lot other than
one (1) detached single family dwelling not to exceed two and
one-half (2 1/2) stories in height above finished grade level,
which must include a private attached garage for no more than
three (3) automobiles. The Architectural Control Committee may
authorize a garage for more than three automobiles if the
Architectural Control Committee determines that the same is
compatible with the harmonious and attractive development of
the area. Dwellings must be built on-site, and no pre-fabricated,
previously bu:L1t, or modular homes shall be permitted upon the
Property. Dwelling construction must be completed within one (1)
year after the date of construction commencement. Out buildings are
permitted in accordance with Section 2 . 02 .
2
2 . 02 Out Bufdings. Subject to the prior approval of the
Architectural Control Committee, permitted out buildings are
stables, barns, pool houses, or other structures determined by the
Architectural Control Committee to be compatible with the purposes
and intent of this Declaration. In no case shall out buildings
exceed the height of one (1) story above finished grade level. Out
buildings must be of similar color, design, and quality with the
principal dwelling on the Property. Machine sheds are not
permitted out buildings.
2 . 03 Dwelling Quality and Size. No dwelling shall be erected on any
lot having an enclosed floor area on the main level of less than
one thousand four hundred (1,5.00) square feet, exclusive of
porches, garages, and basements. For purposes of this section, the
main level shall be that level of the dwelling at or closest to
finished grade level which is most immediately reached by the front
entrance to the dwelling. If any dispute arises as to what
constitutes the main level of a dwelling, the decision of the
Architectural Control Committee shall be conclusive and
controlling. No trailer, basement, tent, shack, garage, barn, or
other building shall be used as a residence, temporarily or
permanently at; any time, nor shall any structure of a temporary
character be used as a residence. All dwellings shall possess wood,
brick, or stone exteriors, or a combination thereof. No building,
fence, out building, or other structure shall be erected, placed,
or altered on any lot until the proposed building plans,
specifications, exterior color and finish, plat plan (showing the
proposed location of such building or structure, driveways and
parking areas) , and construction materials shall have been approved
by the Architectural Control Committee.
The Architectural Control Committee shall have the full discretion
to approve and deny such plans so as to insure the best use and the
most appropriate development and improvement of each building site,
to protect the Owners of building sites against inappropriate use
of surrounding building sites as will depreciate the value of the
Property; to preserve, so far as is practicable, the natural beauty
of the Property; to guard against the erection of poorly designed
structures, and structures built of improper or unsuitable
materials; to obtain harmonious color schemes; to insure the
highest and best development of said Property; to encourage and
secure the erection of attractive homes and other permitted
structures thereon, with appropriate locations thereof on building
sites; to prevent haphazard and inharmonious improvement of
building sites; to secure and maintain proper setbacks from streets
and in general to provide adequately for a high type and quality of
improvements on said Property and thereby enhance the value of
improvements on the Property.
2 . 04 Repairs. Any repairs to or reconstruction of dwellings, out
buildings, fences, etc. , whether due to wear and tear or natural
causes (such as wind, hail, fire, flood, etc. ) , shall be subject to
and in accordance with the covenants herein. Removal of damaged
3
structures, o:r the repair and reconstruction of such damaged
structures, shall be promptly undertaken and completed no later
than one (1) year from the date of damage.
2 . 05 Nuisance. No lot shall be used in such a manner as to obstruct
or interfere with the enjoyment of Owners of other lots or annoy
them by unreasonable noises, lights, odors, or otherwise, nor shall
any nuisance or illegal activity be committed or permitted to occur
on any lot. No exterior horn, whistle, bell, or other sound devices
except security devices used exclusively to protect the security of
the Property and the Owners or occupants thereof shall be placed or
used on any part of the Property.
2 . 06 Animals. One animal unit per acres is allowed. One animal
unit is as the definition is now used by the Weld County Zoning
Regulations that define an animal unit. Dogs, cats, and other
household pets and small animals may be kept provided they are not
kept, bred, or maintained for any commercial purposes and :Further
provided that the number thereof do not result in unsanitary
conditions or a nuisance or annoyance to the Owners of other lots.
The Board may adopt from time to time such rules and regulations as
it deems appropriate regarding the type, quantity and requirements
for keeping such household pets and small animals. Notwithstanding
the foregoing, unless hereafter approved by the Board, no swine may
be kept on a lot, and no chickens, ducks, geese, pea hens, or other
non-household birds or poultry may be kept on any lot. All animal
enclosures shall be erected and maintained in accordance with the
covenants herein and the rules and regulations regarding the same
as may from time to time be adopted by the Board. Any decision by
the Board regarding type and number of animals which may be kept
upon any lot, shall not be effective unless and until it has been
reduced to writing. Any such decision may be later rescinded or
modified by the Board, and any lot Owner affected by such recision
or modification shall have a reasonable time, not to exceed
forty-five (45) days to comply with such recision or modification.
2 . 07 Keeping of Animals. Non-household animals maintained on any
lot pursuant to Section 2 . 06 must be kept within an enclosed
corral, pen, or other enclosure, which enclosure must be kept in a
neat, clean, and orderly condition at all times. Small animals
shall be properly housed or penned to confine them on the lot.
Appropriate measures must be maintained to control flies and other
pests on the lot and within such enclosures and for the disposition
of waste and similar matter. The Board shall have the authority to
establish standards for the maintenance of animals, including the
minimum and maximum size of permitted enclosures, the type of
materials which may be used in their construction, and other
similar matters which, in the judgment of the Board, shall be
deemed appropriate for the health, safety, and maintenance of the
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Property and its occupants. It is specifically understood that the
Board may require Owners to take such measures as may be necessary
to prevent the overgrazing of each lot and the destruction of
vegetation on each lot.
2 . 08 Rubbish. No lot shall be used or maintained as a dumping
ground for rubbish. All trash, garbage, and other waste shall be
kept in sanitary containers, and all such containers shall be
maintained in a good, clean condition. All liquid and solid
wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination . Wood
shavings, saw dust, and waste materials shall be handled, stored,
and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
2 . 09 Slang. No sign of any kind shall be displayed to the public
view on any lot except: (i) one sign of not more than five (5)
square feet advertising the lot for sale or rent; (ii) signs used
by a builder to advertise the Property during the construction and
sales period; and (iii) such other signs as the Board may, from
time to time, approve.
2 . 10 Easements.
A. Utility and Irrigation Easements. Easements for the installation
and maintenance of utilities and irrigation and related Elements
are reserved as shown on the recorded plats of the Property. Within
these easements, unless approved by the Board, no structure,
planting, or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance
of utilities, or which may change the direction of flow, or
obstruct or retard the flow of water in and through the easements.
The easement area of each lot and all improvements in it shall be
maintained continuously by the Owner of the lot except for those
improvements for which a public authority, or one or more utility
companies, or the Association is responsible. The Association shall
have the right to enter upon such easements from time to time as
the Board may determine necessary or appropriate to construct,
maintain or repair any ditches or other Elements for irrigation
purposes which benefit the Association. The Association shall not
be responsible for any damage to any property or landscaping of any
lot Owner, including any damage occurring outside the easement area
from equipment or operations, if such damages are reasonably
unavoidable. ]:f any such work is done by the Association as a
result of failure of a lot Owner to comply with these covenants or
to properly maintain the easement area, the cost shall be assessed
against such Owner and shall be recoverable by the Association in
the same manner and fashion as general and special assessments with
all the remedies and rights for recovery and collection as provided
in Article IV of this Declaration.
B. Private Access Easement and Public Utility Easement. Each lot
Owner shall have the joint and mutual use of the private access
easement and public utility easement shown upon the plat of the
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Property. No lot Owner shall interfere with the usage of such
easement area for such purposes. The maintenance and repair of the
easement and any improvements thereon shall be the responsibility
of the Association.
2 . 11 Fences. All fences, walls, hedges and plantings adjacent to
public roads shall be in compliance with any applicable site line
requirements established by the governmental authority having
jurisdiction. All fences, walls, hedges, and shrub plantings shall
be maintained in a clean, neat, and orderly condition at all times.
Wire, metal fabric, and chain link fences are not permitted on any
portion of a lot in front of the dwelling.
2 . 12 Vehicles. No trucks, vans, campers, or vehicles other than
passenger cars, or pickup, or utility trucks with a capacity of
one (1) ton or less shall be parked overnight on the private access
easement. No work of automobile repair or maintenance shall be
performed except within the confines of an Owner's lot. No
abandoned, inoperable, or junk vehicle may be stored on any part of
the Property. All motorized equipment including motor vehicles,
motorcycles and motorbikes, tractors, and any other motorized
equipment used on any lot must be properly equipped with mufflers
so as to reduce to the greatest degree practicable the noise of
operation. The hours of operation of any motorized equipment shall
be confined to the period of time commencing at 7 : 00 a.m. and
ending at 7 : 00 p.m. , unless the Board establishes different hours
hereafter. No bus, large commercial-type vehicle (including, but
not limited to, any dump truck, cement mixer truck, oil or gas
truck, delivery truck, back hoe, bulldozer, or semi-tractor or
trailer) shall be parked, stored or kept on the Property. No
vehicle or equipment shall be kept, parked or stored on or within
the private access easement area.
2 . 13 Fires and Firearms. There shall be no exterior fires permitted
on the Property except barbecue fires contained within elements or
receptacles specifically designed for such purposes, or those fires
for which a permit has been granted by governmental authority. No
Owner shall permit any conditions on his lot which create a fire
hazard or are in violation of fire prevention regulations. No
firearms shall be discharged within the Property.
2 . 14 Towers. Masts, Antennas, and Satellite Dishes. No radio or
television antennas, masts, or towers shall be permitted which rise
(at the highest point of extension) higher than six feet (6' ) above
the uppermost point of the roof of the principal building being
served. No more than one (1) such antenna, mast, or tower shall be
permitted for any dwelling unit, and no such antenna, mast, or
tower shall be affixed to or serve a stable or other accessory
building. The allowance of and the placement of satellite dishes is
restricted to the discretion of the Architectural Control
Committee.
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2 . 15 Outside Storage.
A. Outside storage of more than one (1) piece of farm equipment on
any lot is prohibited. No construction machinery shall be stored
outside on any lot.
B. All storage tanks for propane, must be placed indoors or below
ground and in compliance with all applicable safety standards and
regulations.
C. No gasoline, paint or any other toxic, hazardous or flammable
liquid or gas, other than propane, shall be stored on any lot in
quantities in excess of fifteen (15) gallons, unless written
approval thereof is obtained from the Board, and such storage is in
compliance with all applicable safety standards and regulations.
D. All unsightly conditions and equipment shall be enclosed within
a structure approved by the Architectural Control Committee,
including any snow removal equipment or garden or maintenance
equipment except when in actual use.
2 . 16 Agricultural Use. The agricultural use of each lot shall be
limited to a produce garden and/or orchard unless proper
conservation measures are utilized to prevent blowing dust and soil
erosion. Weeds must be kept continuously cut or otherwise
continuously controlled on all grounds including grounds not used
for lawns or gardens.
2 . 17 Building Location. Unless otherwise approved by the
Architectural Control Committee, no building shall be located on
any lot nearer than twenty-five feet (25' ) to the front lot line,
nor fifteen feet (15' ) to any side lot line. No building or any
portion thereof including eaves and overhangs shall ever encroach
upon any adjacent lot.
2 . 18 No Subdivision of Lots. No lot shall hereafter be subdivided.
ARTICLE III
OWNERS ASSOCIATION
3 . 01 The Association. Each Owner of each lot within the Property
shall be a member of the Association. Status as an Owner of a lot
is the sole qualification for membership, such membership being
deemed an incident of Ownership of a lot. For purposes of this
Section, a husband and wife, or other individuals who jointly own
a lot, shall be deemed to constitute a single Owner of a lot. An
individual's membership in the Association shall commence as of the
date that he receives title to a lot and shall terminate on the
date of termination of his Ownership of a lot.
3 . 02 Classes of Membership and Voting Rights. The Association shall
have two classes of voting membership. Class A members shall be the
Owners of lots except the Declarant, and each Class A membership
shall be entitled to one (1) vote for each acre lot owned by a
Class A member. The Class B membership shall be the Declarant, and
7
the Class B member shall be entitled to three (3) votes for each
acre lot owned by the Declarant. In the event a lot is owned by (2)
or more persons, whether by joint tenancy, tenancy in common, or
otherwise, the vote for such lot shall be exercised as the Owners
thereof shall determine but the vote attributable to such lot shall
be cast by only one (1 ) of the Owners of such lot who shall be
designated by the several Owners of such lot in writing prior to or
at the time the vote is cast. In the absence of such designation by
such Owners and until such designation is made, the Board of
Directors of the Association shall make such designation. No vote
may be cast or counted for any lot for which assessments, fees,
dues, or other monies are in default of payment at the time votes
are counted.
3 . 03 Board of Directors. The affairs of the Association shall be
conducted by a Board of Directors (the "Board") . The powers and
duties of the Board shall include, but not be limited to the
following:
A. To enforce all of the applicable provisions of this Declaration.
B. To maintain the Common Elements as provided in Section 4 . 01.
C. To contract for and pay for the cost of providing the
maintenance functions described in Article IV out of funds
collected by the Board.
D. To levy and collect the costs of maintenance as provided in
Article IV hereof and to make or authorize the expenditures
therefrom as hereinafter described.
E. To receive and process complaints from Owners with respect to
any provisions of this Declaration.
F. To adopt such rules and regulations as the Board from time to
time may deem necessary or appropriate to carry out the provisions
of this Declaration.
G. To render such discretionary decisions as are vested in the
Board pursuant to this Declaration.
H. To obtain and exercise usage of water rights to the benefit of
the Association and its members, and to comply with and fully
perform any requirements related to the waters located on or
flowing on the Common Elements.
I . To impose charges for late payment of assessments, recover
reasonable attorney fees and other legal costs for collection of
assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and,
after notice and an opportunity to be heard, levy reasonable fines
for violations of the Declaration, Bylaws, and Rules and
Regulations of the Association, and to establish the rate of
interest to be assessed for all sums which may be payable to the
Association.
J. To obtain and keep in force such insurance as the Board may from
time to time deem appropriate including, but not limited to,
casualty and liability, worker's compensation, errors and omissions
coverage for officers, directors, employees and members of the
Association, insurance for indemnification of officers, directors
and members of the Association acting on behalf of and for the
8
benefit of the Association, and such other insurance that the Board
may deem appropriate.
K. To exercise all powers and rights granted to the Association by
the provisions of- the Colorado Common Interest Ownership Act, as
from time to time amended.
L. To take such other action or to incur such other obligations
whether or not herein expressly specified as shall be reasonably
necessary to perform the Association's obligations hereunder,
subject to the approval of the members of the Association.
3 . 04 Election of Board Members. The initial Board of Directors
shall consist of one (1) person appointed by the Declarant, who
shall serve until his or her successor(s) is elected at the first
annual meeting of the members of the Association. The number of
directors shall be three (3) and the term of each director shall be
one (1) year. Each Class A member in the Association shall have the
right to cast one vote per acre for each vacancy to be filled on
the Board of Directors at each annual meeting. Each Class B member
shall have the right to cast three (3) votes per acre for each
vacancy to be filled on the Board of Directors at each annual
meeting. Cumulative voting shall not be allowed. The candidate, or
if more than one (1) vacancy exists, the candidates, receiving the
most votes shall be deemed elected.
3 . 05 Meetings of the Association and Officers. The number and type
of officers, and the provisions for regular and special meetings of
the Association shall be as provided from time to time by the
Bylaws of the Association.
3 . 06 Coordination with Bylaws. Except as may be otherwise provided
herein for action of the Board regarding interest upon unpaid
assessments, the provisions of this Declaration provide the minimum
substantive terms for the enforcement of this Declaration by the
Board and the Architectural Control Committee. Further an
additional provisions for the operation of the Board and the
Architectural Control Committee may in the future be, set forth by
the Bylaws of the Association, and by appropriate resolutions or
rules and regulations adopted by the Board or the Architectural
Control Committee which supplement and further the intent and
purposes of tJiis Declaration. In the event any conflict occurs
between the provisions of this Declaration and such Bylaws or
resolutions, then this Declaration shall control and to the extent
possible, the conflicting Bylaws, resolutions or rules and
regulations shall be construed to be effective where it promotes
the interest of the provisions of this Declaration and invalid
where in derogation of these Declarations.
3 . 07 Transfer. The membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the sale
of the Owner's lot, and then only to the purchaser of such lot. A
prohibited transfer is void and will not be reflected upon the
books and records of the Association.
9
3 . 08 Delegation of Use. The Board may from time to time establish
rules and regulations regarding the delegation by an Owner of
rights of use and enjoyment of the Common Elements to such Owner's
tenants or purchasers.
ARTICLE IV
MAINTENANCE, BUDGET, ASSESSMENTS
4 . 01 Maintenance of Common Elements. The Association shall be
responsible for the maintenance of the private access easement
within the Property until and unless such maintenance obligation is
assumed by the County of Weld, Colorado, or by any other
governmental body. As long as the Association is responsible for
road maintenance, the Association shall take all steps necessary to
insure that the private access easement is maintained, repaired,
and improved to appropriate standards as determined by the Board.
The Association shall be responsible for providing for such snow
removal during winter months as the Board shall deem appropriate
and shall have the authority to contract for such work as
necessary.
4 . 02 Failure of Association to Maintain Common Elements. In the
event the Association shall fail to maintain the Common Elements in
a reasonable order and condition in accordance with the original
plan submitted to the Board of County Commissioners with the final
subdivision Plat for the Property, the Board of County
Commissioners for Weld County may serve written notice upon the
Association, or upon the Owners, setting forth the manner in which
the Association has failed to maintain the Common Elements in a
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be 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 its original
notice as to the 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 (30) days, or any extension thereof, the County,
in order to preserve the taxable values of the Property and to
prevent the Common Elements from becoming a public nuisance and
public liability, may undertake to maintain the same for a period
of one (1) year. Before the expiration of. said year, the County,
upon its initiative or upon the written request of the Association,
shall call a public hearing upon notice to the Association and to
the Owners, to be held by the Board of County Commissioners, at
which hearing such Association, or the Owners, shall show cause why
such maintenance by the County shall not, at the election of the
County, continue for a succeeding year. If the Board of County
Commissioners shall determine that the Association is ready and
able to maintain the Common Elements in a reasonable condition, the
County shall cease to maintain the Common Elements at the end of
10
said year. If the Board of County Commissioners shall determine
that the Association is not ready and able to maintain the Common
Elements in a reasonable condition, the County may, in its
discretion, continue to maintain said Common Elements during the
next succeeding year subject to a similar hearing and determination
in each year thereafter.
The cost of such maintenance by the County shall be paid by the
Owners in the manner set forth in Section 4 . 03 , and any unpaid
assessments shall become a tax lien upon the lot owned by a
defaulting Owner. The County shall file a notice of such lien in
the Office of the County Clerk and Recorder upon the Property
affected by such lien within the subdivision, and shall certify
such unpaid assessments to the County Treasurer for collection,
enforcement, and remittance in the manner provided by law for the
collection, enforcement, and remittance of general Property taxes.
4 . 03 Costs of Maintenance. The costs of maintenance functions
imposed on the Association pursuant to Section 4 . 01, together with
the expenses of administration and operation of the Association and
its boards and committees (including any appropriate indemnity to
members thereof) , shall be divided equally between all of the
Owners of each lot on a per acre basis. (i.e. the total assessment
will be divided by the total acres, to get a per acre cost) . Each
Owner, by the acceptance of a conveyance of a lot, shall be
obligated to pay his share of such costs. An Owner shall be
responsible for his full share of maintenance costs whether or not
his lot is improved with a home.
4 . 04 Establishment of Maintenance Budget. The Board will establish
a maintenance and operations budget each year and shall submit such
budgets to the members of the Association for review and approval
prior to the end of each year. Notice of such budget, and meetings
for adoption shall be in accordance with the provisions of the
Colorado Common Ownership Interest Act, as from time to time
amended. The amount of each maintenance budget shall be assessed on
a per acre basis against each lot in monthly installments. Should
the Association fail to approve a budget and set the amount of
monthly maintenance charges prior to the commencement of any
calendar year, the Board shall continue to levy and collect monthly
maintenance assessments at the level of the previous calendar year,
plus an increase of not more than twenty-five percent (25%) until
the Association shall adopt the current budget. Without in any way
limiting the nature and type of expenses upon which the budget may
be based, the budget may include anticipated expenses for
reasonable contingency reserve and working capital and sinking
funds, legal and other professional expenses, for casualty and
liability insurance for the Common Elements, and for errors and
omission or other insurance protection designed to provide defense
and insurance coverage to the officers of the Association in
connection with any matters arising from Association business and
the performance of the officers of the Association or related to
11
their status as officers.
4 . 05 Special Assessments. In addition to the monthly maintenance
charge to be assessed against each Owner pursuant to Section 4 . 04 ,
the Board may, from time to time, levy and collect special
assessments to cover extraordinary charges or expenses not
anticipated by the annual budget approved by the Association.
Unless approved by a majority of all the voters, the aggregate of
all special assessments levied in any calendar year shall-not
exceed twenty-five percent (25%) of the budgeted gross expenses of
the Association for such fiscal year. Notwithstanding the
foregoing, the costs incurred by the Association to remedy any
default by an Owner of the Owner's obligation under this
Declaration, may be assessed against such Owner without
establishment of any special assessment or other procedure, and may
be collected from such Owner in the same manner as provided in
paragraph 4 . 07 and paragraph 4 . 08 below. Any charges imposed for
late payment, attorney fees and costs, and fines shall be deemed to
be assessments against the Owner's lot and recoverable and subject
to the same rights and remedies available to the Association for
all other assessments.
4 . 06 Accounting. All funds collected by the Association shall be
promptly deposited into a commercial bank account and/or a savings
and loan account in an institution to be selected by the Board. No
withdrawal shall be made from said account except to pay the
obligations of the Association. No later than ninety (90) days from
the end of each calendar year the Board shall distribute to each
Owner an operating statement reflecting the income and expenditures
of the Association for the previous calendar year. The Board shall
maintain complete and accurate books and records of its income and
expenses in accordance with generally accepted accounting
principles consistently applied and shall file such tax returns and
other reports as shall be required by any governmental entity. The
books and records shall be kept at the office of the Association
and shall be open for inspection by any Owner or by the holder of
any first deed'. of trust or mortgage of record at any time during
normal business hours following reasonable advance notice of the
request for inspection.
4 . 07 Creation of Lien and Foreclosure. The monthly maintenance
charge, together with any special assessment or other penalty, cost
or charges which an Owner is obligated to pay, shall be a debt of
such Owner to the Association on the date when each installment
thereof becomes due. In the event of the default of any Owner in
the payment of any installment of maintenance charges or special
assessments, such amount, and any subsequently accruing unpaid
assessments, together with interest thereon at the rate of eighteen
percent (18%) per annum, or such other rate as may hereafter from
time to time be established by the Board, and together with all
costs which may be incurred by the Association in the collection of
such amount, together with reasonable attorneys' fees shall be and
12
become a lien on the interest of the defaulting Owner in his lot.
The Association may, but is not required to, execute and record in
the Weld County Recorder's Office of a Notice of Assessment Default
setting forth the name of the defaulting Owner as indicated by
Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount,
and the legal description of his lot. Such lien shall attach and be
effective from the due date of the assessment, and may be enforced
by foreclosure by the Association of the defaulting Owner's
interest in the Property. The lien provided herein shall be in
favor of the Association for the benefit of all Owners who are
Association members. In any such foreclosure, the defaulting Owner
shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim
of lien, and all reasonable attorneys' fees in connection with such
foreclosure. The lien shall include and the defaulting Owner shall
also be required to pay to the Association the monthly maintenance
charge and any other assessments for the lot whose payment comes
due during the period of foreclosure, and the Association shall be
entitled to a receiver to collect the same. The Association, on
behalf of the member Owners, shall have the power to bid on the lot
at foreclosure sale and to acquire, hold, lease, mortgage, and sell
the same. Such lien provided herein shall have the priority
provided by the Colorado Common Interest Ownership Act. The
Association may, but is not required to send notice of default to
an Owner, and a copy of such notice may, but is not required to, be
mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts
due, if the Association recorded a Notice of Assessment Default,
the Association shall cause to be recorded a certificate setting
forth the satisfaction of such lien.
4 . 08 Owner's Obligation for Payment of Assessments. The amounts
assessed by the Association against each lot and any interest,
costs, and attorney fees in connection with default in payment
thereof, shall be the personal and individual debt of the Owner
thereof at the time the assessment is made. Each person, if more
than one (1) , composing the Owner shall be jointly and severally
liable therefore. Suit to recover a money judgment for unpaid
expenses shall be maintainable without foreclosing or waiving the
lien securing same. No Owner may exempt himself from liability for
contribution toward the common expenses by a waiver of the use or
enjoyment of the Common Elements or by abandonment of his lot.
4 . 09 Statement of Assessment Status. Upon payment to the
Association of a reasonable fee, as may from time to time be
established by the Board, accompanied by the written request of the
Owner or any mortgagee or prospective Owner of a lot, the
Association shall issue a written statement setting forth the
amount of unpaid assessments and any other charges outstanding with
respect to the subject lot, and the date when the
same became due. Such statement shall also include credit for any
13
advanced payments of common assessments, but no credit shall be
given for any accumulated amounts for reserves or sinking funds, if
any. The statement issued by the Association shall be binding upon
the Association and its officers and each Owner in favor of persons
who rely thereon in good faith. The manner and time for providing
such statements shall be as provided by the terms of the Colorado
Common Interest Ownership Act, as from time to time amended.
4 . 10 Liability upon Transfer. Any Owner who sells his or her lot
in good faith and for value shall be relieved of the obligation for
payment of assessments thereafter attributable to the lot, as of
the date of the recordation of the deed transferring such lot to
the subsequent purchaser. Except as may otherwise be provided by
the Colorado Common Interest Ownership Act, as from time to time
amended, the Owner transferring, and the purchaser of the
transferred lot, shall be jointly liable for payment of all
assessments and any related interest, costs and attorney fees
attributable to the lot accrued through the date of such
recordation, and the lien for recovery of the same shall remain in
force against such lot.
ARTICLE V
APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE
5. 01 Appointment of Committee. The Declarant has established an
Architectural Control Committee, the initial member of which is
Ivar Larson. Until all lots within the Property have been sold by
the Declarant, the Declarant shall appoint the Architectural
Control Committee, which may consist of one (1) or more persons as
determined by the Declarant At such time as the Declarant has sold
all lots, or orl December 31, 2000, whichever date occurs first, the
number of members of the Architectural Control Committee shall be
established and appointed by the Board. No member of the
Architectural Control Committee shall be entitled to any
compensation for services as a member of the Committee. The address
of the Architectural Control Committee shall be at the principal
office of the Association.
5. 02 Architectural Control. No building, fence, out building, or
other permanent improvements shall be erected, placed, or altered
on any lot until the construction plans and specifications and a
plan showing the location of the improvements have been approved by
the Architectural Control Committee as to quality of workmanship,
quality and type of materials, the esthetics and harmony of
exterior design with the character of the community and the
existing structures, and as to location of structures with respect
to topography and finished grade elevation, and compliance with
these covenants.
5. 03 Rules of Procedure. The Architectural Control Committee may
adopt rules and regulations from time to time establishing design
14
criteria not inconsistent herewith. The Architectural Control
Committee shall meet at the convenience of the members thereof as
often as necessary to transact its business. Request for approval
of design shall be made to the Committee in writing, accompanied by
two (2) complete sets of plans and specifications for any and all
proposed improvements to be constructed on any lot. Such plans
shall include plot plans showing drainage and grading plans, the
location on the lot of the building, wall, fence, or other
structure proposed to be constructed, altered, placed, or
maintained thereon, together with the proposed construction
material, color scheme for roofs and exteriors thereof,
architectural renderings, and proposed landscape plantings. The
Architectural Control Committee may require submission of
additional plans, specifications, and of samples of materials and
colors prior to approving or disapproving the proposed improvement.
Until receipt by the Architectural Control Committee of all the
required materials in connection with the proposed improvement to
the Property, the Committee may postpone review of any material
submitted for approval.
5 . 04 Approval of Plans. The Architectural Control Committee shall
approve or disapprove plans, specifications, and details within
thirty (30) days from the receipt all materials requested by the
Committee and shall notify the Owner submitting them of such
approval or disapproval in writing. If all samples, plans,
specifications, and details requested by the Committee have been
submitted and are not approved or disapproved within such
thirty (30) day period they shall be deemed approved as submitted.
One set of plans and specifications and details with the approval
or disapproval of the Architectural Control Committee endorsed
thereon shall be returned to the Owner submitting them and the
other copy thereof shall be retained by the Architectural Control
Committee for its permanent file. Applicants for Architectural
Control Committee action may, but need not, be given the
opportunity to be heard in support of their application. Refusal of
approval of plans, location, or specifications may be based by the
Architectural Control Committee upon any reasonable grounds,
including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Architectural Control Committee
shall seem sufficient, reasonable, and not capricious. The
Committee may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Committee
may deem appropriate.
5. 05 Filing Fees. As a means of defraying its expenses, the
Architectural Control Committee may require a reasonable filing fee
to accompany the submission of plans to it in an amount to be fixed
by the Board of Directors of the Association from time to time No
additional fees shall be required for resubmission of plans revised
in accordance with Architectural Control Committee recommendations.
5 . 06 Completion of Improvements. Any improvements approved by the
15
Architectural Control Committee shall be timely commenced and in no
event commenced later than one (1) year from the date of such
approval . If not commenced within such time, the approval of the
Committee shall automatically expire and the applicant must
thereafter resubmit all plans to the Committee for reconsideration.
The fact that a proposed improvement has previously been approved
by the Committee shall not require the Committee to again approve
such proposed improvement if the approval has expired pursuant to
the terms of this paragraph. Once approved improvements have been
commenced all such improvements shall be completed no later than
one (1 ) year from the date of commencement.
5. 07 Inspecticn of Work and Notice of Completion. The members of
the Architectural Control Committee, and any agent or
representative thereof, shall have the right to inspect any
improvement to property prior to and after completion, provided
that the right of inspection shall terminate three days after the
Committee has received from the applicant a notice of completion.
5. 08 Estoppel Certificates. Upon the reasonable request of any
interested party, and after confirming any necessary facts with the
Architectural Control Committee, the Board shall furnish a
certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement
to property is made in compliance herewith. Any person without
actual notice to the contrary shall be entitled to rely on said
certificate with respect to all matters set forth therein.
5. 09 Non-Liability. No member of the Architectural Control
Committee, the Board, the Association, or any other agents, shall
be liable for any loss, damage or injury arising out of or in any
way connected with the performance of the Architectural Control
Committee. In reviewing any matter, the Architectural Control
Committee is not responsible for reviewing, nor shall its approval
of any improvement to property be deemed to be, and approval of the
improvement to property from the standpoint of safety, whether
structural or otherwise, or conformance with any building, zoning
or other codes or governmental laws or regulations.
ARTICLE VI
GENERAL PROVISIONS
6. 01 Term. These covenants as set forth in this Amended and
Restated Declaration are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
twenty-five (25) years from the date they are recorded after which
time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by
seventy-five percent (75%) of the then Owners of the lots has been
recorded agreeing to terminate said covenants or change them in
whole or in part.
16
6 . 02 Amendments. Except as set forth in Section 6 . 03 hereof, the
Owners of seventy-five percent (75%) of the lots may at any time
modify, amend, augment, or delete any of the provisions of this
Declaration provided however that: (i) no amendment shall be
effective with respect to any person not having actual knowledge
thereof, until such time as notice of such amendment is filed for
record in the Office of the Weld County Clerk and Recorder;
(ii) no amendments may be adopted which would be inconsistent with
any condition or covenants imposed by Weld arimer County as a
condition of approval of or any matter as set forth in the recorded
Plat thereof; (iii) the Association may not be dissolved without
the prior permission of the Board of County Commissioners of Weld
County; (iv) no amendment may be adopted which affects the
obligations of the Association to comply with any mined land
reclamation plan or requirements related to water augmentation
plans; and (v) any of the following amendments to be effective must
be approved in writing by the record holders of all encumbrances on
the lots at the time of such amendment:
A. Any amendment which affects or purports to affect the
validity or priority of any encumbrance; or
B. Any amendment which would necessitate a mortgagee after it
has acquired a residential lot to pay any portion of any unpaid
assessment or assessments accruing prior to foreclosure, to the
extent the amounts would exceed the priority of such assessments
over that provided by the Colorado Common Interest Ownership Act,
as amended from time to time.
6 . 03 Mortgagee Protection Clause. Except as otherwise provided by
the terms of the Colorado Common Interest Ownership Act, as amended
from time to time, with respect to the priority of the lien for
assessments, no breach of the covenants or restrictions herein
contained, nor the enforcement of any lien provided for herein,
shall defeat or render invalid the lien of any mortgage or deed of
trust made in good faith and for value, but all of said covenants
and restrictions together with any preexisting liens for
maintenance assessments shall be binding upon and effective against
any Owner whose title is derived through foreclosure or through
trustee sale or through deed given in lieu thereof.
6. 04 Enforcement. The provisions of these covenants may be enforced
by any Owner or by the Board of Directors of the Association. In
addition to lien foreclosure, enforcement may be by proceedings at
law or in equity against any person or persons violating or
attempting to violate any of these covenants either to restrain
violation, or to recover damages, or both. All remedies provided
are cumulative,, and pursuit of one shall not bar pursuit of any
other, independently, or jointly, and in any sequence.
6. 05 Severability. Invalidation of any clause, sentence, phrase, or
provision of these covenants by judgment or court order shall not
affect the validity of any other provisions of this Declaration
which shall remain in full force and effect.
17
6. 06 Application of Colorado Common Interest Ownership Act -
Conflicts and Provisions. The Property which is subject to this
Declaration consists of fewer than ten (10) units, and the
Declarant has not reserved rights to add additional units or real
estate, or to subdivide or withdraw units or real estate, or to
convert units to Common Elements. Declarant hereby adopts those
portions of the CCIOA which are required by Section 38-33 . 3-117,
C.R. S. , and those other provisions of the CCIOA as are referred to
in these Declarations. Further, the Declarant hereby elects to
apply the other provisions of CCIOA, but only to the extent that
they are not in conflict with any other provision of this
Declaration. Notwithstanding the provisions of 38-33 . 3-203 , C.R. S. ,
if a conflict arises between the terms of this Declaration, and the
provisions of CCIOA, this Declaration shall control unless the
CCIOA specifically provides that such provisions of the CCIOA are
mandatory or not subject to the ability of the Declarant to elect
not to apply such provisions. This Declaration and the CCIOA are to
be construed and applied in such a way as to be complementary and
supplemental to each other, and the remedies provided by this
Declaration and the CCIOA are cumulative. No conflict between this
Declaration and the CCIOA shall be deemed to exist by virtue of the
lack of any specific provision appearing in either, and a conflict
shall only arise if specific provisions of the two cannot be
reasonably reconciled. The Board shall have the power and authority
to determine and resolve any such conflicts in accordance with the
foregoing principles.
IN WITNESS WHEREOF, this Declaration has been executed by the
Declarant who is the Owner of all lands in the Property, and
mortgagees holding any lien agains the Prop ty, whose signatures
and identification of Ownership in ere + r . set forth below.
Ivacp7;,_ son
iy r----
Donna M. Larso
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Sworn and subscribed to before me personally by Ivar W. and
Donna M. Larson this /]{ day of L4a4.40, 4 , 1993 .
WITNESS my hand and official seal.
My commission expires:_ //-30-96, _
Notary Public l
18
WELD GOUNTY ROAD 46
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PROPERTY BOUNDRY —--—
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_-ir .•-: VIE.1,45 ..--.4.
1 EXISTING VEGETATION 41041,11/ib
EXISTING ROADWAY
i PRIMARY ACCESS like'
PROPOSED ACCESS Air
: .
WHITETAIL HIGH POINT
L0,1^1POINT 1W1110
ACRES
JOHNSTOWN, COLORADO
, _
WELD COUNTY ROAD 46
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/ //if,1/ LAND USE SUMMARY
/ I/ LAND USE %OP
../2 /1.7 DEVELOPMENT PARCELS ACRES DENSITY UNITS TOTAL
i//e:',11 PARCEL I IOD 4.6 46 5.2%
PARCEL 2 40.0 48 192 20.1%
PARCEL 3 50.0 48 240 25.996
PARCEL 4 15D 4.8 /2 1.7%
d ' SUB TOTAL 115.0 4.6 550 59596
1; COMMR4ITY ROAD RD.14. 6.0 3.1%
1.4CR 46 RDA. ID .6%
PIPELINE R.D.W. 5D 2.6%
WI-IITETAIT, 'TREATMENT PLANT
OPEt4 SPfre...E 5D
. 61D 2696
31•••
TOTAL 1 193D .1 3.0 1 550 106.0%1,
ACRES
JOHNSTOWN, COLORADO
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