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Home My WebLink About991261.tiff . ;1 �•f�i I it! F . o=� y k1L Pi F "1 gs ,4 `I- 1 a1 ' 1 i �iB( Q, , p.. Of v { �4e ;Si_. rF a° 9 ii pf g !3 f, / °1 1 1i t to `i 3 ! ��d� ? Imo''e 11 F4 S F i !•� V W = s=3„ 1§6F §$ae 3ty�ne! ii S� 1 Ag 1d g@ 1 ! C 2 Q m g " ii11 Fyi6[1[4[p11141iip@ylp@ltp 621 . ;c( ;5 11 e E e '! 8 1741 Y —:"ik i iii q 9 I !I eep 1 r 1s 4.1 4 ' 212.1 a :: 111 i ,i dt { 11 1yg 1 . /I g1 glipi•Ftli! I p7 ei� f`fa g B Er'ff pp �JR 'pet FWIli EFS 1 I1 eifi ! n H ft P ie I ; 1 if I1ii gI geI • I 1 t Ei = i1SWrM yi i IIF II. lilt i , r{(i11 ] 1 t1i 1;:f; `;i li !II 1 a1 1 1 {r -------------- - —_ Jj 6 ii I ! 1iIL ; i tg. g1!1q1 gll III lIlt i EI 11 II i!_'t fIP3 ;----- iiii 771 g; ii; gl EI 1 7 1' !+ i !jilt\ „---- w'` / r 1 ilii ". 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I S id r y 4 11,90[. /..(..UOAU M , j�,�\ it § y� 5 9�. ! croe, in AWnO3 I Z' �idei 3 3 663 E a3i8 l / teg 41 I4 8 nuell11g114 ilffrniiI01 WI n:ov u.n St�.aom! l00 !3 I t� APPLICANT: Kermit Bohrer CASE#: S-476 REQUEST: P.U.D. — Final Plan LEGAL: Part of the S2 of the NW4 of Section 19, T3N, R68W of the 6th P.M. LOCATION: East of and Adjacent to WCR 1 and Approximately '% mile North of State Hwy 66 PARCEL ID #: 1207 19 000002 ACRES: 36 DATE BY Application Received 10/21/98 SB/EJ Application Complete 10/27/98 El \taring Da ' : 1 Action: racilootirti Utility Board Date: Q -ICHS PC Sign to be Posted By: 12/4/98 PC Sign Posted Referrals Listed 10/27/98 EJ File Assembled C- CG Sr; Referrals Mailed 10- 'C[b Chaindexed Letter to Applicant Mailed n Date Public Notice Published in County Newspaper I I-4G—I Surrounding Property & Mineral Owners Notified Planning Technician Maps Prepared ]V/a9 /94 Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Boar SC-Hea � /gyp nng: 'fr Arr'a Action: Ap9id U Q a -re q Cl • I I • CC Sign to be Posted By: CC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Geologic Yes No_x Zoning _A_ Flood Hazard Yes No_x Airport Yes No_x_ Panel#_080286 0850C 991261 Dua52 at� P.U.D Final Plan Administrative Review }.I . - ADO CASE NUMBER: S-476 PLANNER: Eric Jerman APPLICANT: Kermit Bohrer ADDRESS: 14761 WCR 3, Longmont, CO 80501 REQUEST: Final Plat for a 5-lot PUD LEGAL DESCRIPTION: Part S2 of the NW4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to WCR 1 and approximately 1/2 mile North of State Hwy 66 ACRES: 36 PARCEL # 1207 19 000002 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.4 of the PUD Ordinance. 2. The request is in conformance with Section 7.4.3. of the PUD Ordinance., as follows: a. Section 7.4.3.1—That the proposal is consistent with the COMPREHENSIVE PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect influencing the PUD. 1) A. Goal 1 of the Weld County Comprehensive Plan states "Preserve prime farmland for agricultural purposes which fosters economic health and continuance of agriculture." The subject property is categorized as a mixture of prime, irrigated non-prime and other land by the USDS Soil Conservation map. The applicant indicates that the land is marginally productive. Due to the variety of soils, the relatively small size of the parcel and the lack of water rights on the property, only a Service,Teamwork, Integrity,Quality n � small portion of this property is currently in production of alfalfa. This portion of the property is proposed as an agriculturally zoned outlot. 2) A. Policy 7 of the Comprehensive Plan states "Weld County recognizes the 'right to farm.' In order to validate this recognition, Weld County has established an example covenant which should be incorporated on all pertinent land use plats." The Department of Planning Services will require the covenant to appear on the recorded Final plat. 3) The request is in conformance with Section 28.9 of the Weld County Zoning Ordinance, as amended. 4) The proposed Final Plan does not lie within the Mixed Use Development area. 5) The proposed Final Plan does not lie within any Intergovernmental Agreement area. b. Section 7.4.3.2—That the USES which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Section 2 of this Ordinance. All of the Performance Standards have been addressed prior to Administrative Review of the Final Plan. c. Section 7.4.3.3--That the USES which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. The proposed site does not lie within an Urban Growth Area, nor is the applicant proposing an Urban Scale Development. The right-to-farm covenant will be attached to the request thus informing any new residents that the area of the surrounding community is agricultural in nature. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. d. Section 7.4.3.4--That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed PUD in compliance with the Performance Standards in Section 2 of this Ordinance. Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Domestic water and water for fire protection shall be provided by Longs Peak Water District. Each Service,Teamwork, Integrity,Quality S-476 2 lot for the proposed minor subdivision shall have an Individual Sewage Disposal System (ISDS) installed per the Weld County Health Department requirements and specifications. e. Section 7.4.3.5-- That STREET or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the USES of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated that the 40-foot access and utility easement shall be increased to 60 feet right-of-way which would accommodate utilities, drainage and future expansion. This issue was addressed through the Change of Zone phase of the PUD. An Improvements Agreement has been completed that addresses collateral for Private Road Maintenance. f. Section 7.4.3.7--That them has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The proposed PUD Final Plan does not lie within any overlay district identified by the maps officially adopted by Weld County. The proposed PUD Final Plan does not contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. Soil conditions on the site are not such that they present moderate or severe limitations to the construction of structures of facilities proposed for the site. In a referral response dated 10/28/97, the Weld County Building Inspection Department is requiring engineered foundations for each structure. g. Section 7.4.3.8--If compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The proposed PUD Final Plan USES are compatible with the criteria listed in the Developmental Guide. The PUD Final Plan exactly conforms to the Developmental Guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: Service,Teamwork,Integrity,Quality S-476 3 eaN n a. The applicant shall obtain approval of the Restrictive Covenants for the Bohrer PUD Final Plan from the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. b. The Plat shall be amended to include the most recent version of the Right to Farm Covenant and the Right to Farm Covenant shall also be included in the Covenants. (Planning) c. The applicant shall demonstrate recording information of all easements which are shown on the plat. (Planning) d. The Plat shall be amended to include a typical cross section of the internal road system, identifying a right-of-way width, depth of base gravel shoulders, slopes and back slopes of borrow pit areas. (Public Works) e. Evidence that the Longmont Soil Conservation District has approved a proposed grass seed mix plan for the Open Space areas shall be given to the Department of Planning Services. (Planning) f. Evidence that the Colorado Division of Water Resources has approved the Water Supply Information Summary shall be received by the Department of Planning Services. (Planning). g. The applicant shall enter into an On Site Improvements Agreement with Weld County. (Public Works) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Final Plat allows for Estate uses and shall comply with the Estate Zone District requirements as set forth in Section 36 of the Weld County Zoning Ordinance. The PUD shall consist of five (4) Estate lots and one (1) Ag. Outlot. B. Water service shall be provided by the Longs Peak Water District. (Hearth Dept.) C. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Health Department, and The Weld County Department of Planning Services. (Planning) D. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Planning) Service,Teamwork,Integrity,Quality S-476 4 E. Outdoor storage shall be screened from public rights of ways, and adjacent properties. (Planning) F. All lots shall utilize an internal road system with no direct access to WCR-1 (County Line Road). One access per legal parcel and no circle drives will be allowed. (Public Works) G. In the event that during construction greater than 5 acres of the site is disturbed, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Department of Public Health and the Environment. (Health Department) H. In accordance with the application materials, individual sewage disposal systems are required for the proposed residential lots and shall be installed according to the Weld County Individual Sewage Disposal Regulations (Health Department). I. The application materials indicate plans for a multiple use trail around the perimeter of the proposed site. Any manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. Trail maintenance shall include removal of manure in a manner that will prevent nuisance conditions. (Health Department) J. A stop sign/street identification sign shall be placed at the appropriate location at the intersection of Henson Drive and WCR 1 (County Line Road). All signs must adhere to Section 42 of the Weld County Zoning Ordinance and Section 6.3.6 of the PUD Ordinance. (Public Works) K. The Director of Planning Services has approved an exception to paving for residential PUD's located in a non-urban area. This internal road shall be a 22-foot gravel access road with four-foot shoulders and eight inches of aggregate base course. The road will not be accepted by Weld County for maintenance. L. No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District, RE-1J, which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished. M. Outlots A and B are non-build able lots. N. Lot # 5 is zoned Agricultural. Service,Teamwork,Integrity,Quality S-476 5 O. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. P. Prior to release of building permits for residential structures, foundation plans shall be submitted bearing the stamp of a Colorado Professional Engineer for review and approval by the Weld County Building Inspection Department. Q. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD Ordinance. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Staff. (Planning) Eric A. Jerman, Planner February 25, 1999 Service,Teamwork, Integrity,Quality S-476 6 a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX 352-6312 stA, EtES `` WELD COUNTY ADMINISTRATIVE 70) OCES 1400 N. 17TH A NUE GREELEY, COLORADO 80631 • • ( . ♦ . •` " ADO October 27, 1998 Kermit Bohrer 14761 WCR 3 Longmont, CO 80501 Subject: S-476 - Request for approval of a Planned Unit Development Final Plan on a parcel of land described as part of the S2 NE4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Bohrer. Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, December 15, 1998, at 1:30 p.m. This meeting will take place in Room 104 of the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, November 19, 1998, at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in q estion or if the property under consideration is located wit n the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a cop)}of the submitted materials to the Longmont and Mead Planning Commission for their review and comments. Please call City of Longmont at 303-651-8330 and Town of Mead at 970-535-4477, for information regarding the date,time and place of these meetings and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. A representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, . Eric erman Planner im /'1 FIELD CHECK inspection date: December 29, 1998 CASE NUMBER: S-476 APPLICANT: Kermit Bohrer LEGAL DESCRIPTION: Part S2 NW4 Section 19, Township 3 North, Range 68 West of the 6th P.M. LOCATION: East of and adjacent to Weld County Road 1 and approx. 1/2 mile North of State Hwy. 66. ZOnlrl2 land Use . N A(Agricultural) N iiko. , RPs; deticfYct l E A (Agricultural) E A . . S A(Agricultural) S A .. Rescaontroi W A(Agricultural) W 43n i Resrc(e 17 a fi v ld P 4 C6 COMMENTS:Are0. / PL.).c . is (were:f it a ccaI4r, S0r✓Py s f off es on Pepse4+. Ru. 0. us ?II -m in c4et/ with d tJ urron5S . NO Vi did dt5 Geis , (lacy Cur 3 2 40t'5e 0nd1/42r ec 51rvc-f rifH dvoroK g' e1y 1/3 yr,i l-P._ F a5-I crf P.U,0 . Seuerui Svnallkr kwAes Io 44.e £QutK about' 'ls n, Ile Tkree cc -Roc- (eta"cS io frortkik . (� � O r G. U a,Mt Bird5 n\IM11`ec) I S 1 excr 0.66 f�O CJL' I to I,d2c /-1 in oP be,e_ 9 Eric Jerman, Plana Don Carroll asked if there were currently any utilities located in the easement. Ben stated there were no utilities and that they have been moved. There is a 15-foot easement to be placed on the outside of the lot. Gene Rempel did not feel as though any additional easements along E. 18th Street would be necessary. Gene Rempel moved to approve the plat to eliminate the existing easement and that no additional easements be added. Don Carroll seconded. Motion carried unanimously. CASE NUMBER: S-476 PLANNER: Eric Jerman APPLICANT: Kermit Bohrer REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the S2 NW4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 1 and approximately 'A mile north of State Hwy erfa) to, few , ; MEMORANDUM TO: The Board of County Commissioners January 22, 1999 From: Eric Jerman, Current Planner SUBJECT: S-476 Kermit Bohrer PUD Final Plan Background: Kermit Bohrer has completed his Sketch Plan and the Change of Zone for his 5-lot non-urban PUD. The Final Plan application has been submitted to the Department of Planning Services for Staff Review. Mr. Bohrer expects that his application will be considered under the Specific Guide processing option. Specific Guides do not go before the Board for approval of the Final Plan. In my review of the Change of Zone Resolution, there is no mention of the Board declaring that they will not expect to hear the Final Plan. The tape of the hearing corroborates the written Resolution. According to Section 7.4.2.2 the Department of Planning Staff has the right to take Final Plans through the Specific Guide option if Staff determines that an application is qualified. Request: The Department of Planning Staff now asks the Board of County Commissioners for consent to allow the Department of Planning Staff to proceed with Administrative Review of S-476. Please indicate your desire on this form that is being passed around. Commissioners: George Baxter No Work Session MEMORANDUM TO: Eric Jerman, Current Planner DATE: January 7, 1999 FROM: Donald Carroll, Engineering Administrator SUBJECT: S-476; Kermit Borher, Final PUD Improvements Agreement The Weld County Public Works Department has reviewed the Improvements Agreement According Policies Regarding Collateral for Improvements (Private Road Maintenance) and has the following comments: I have reviewed the transportation portion of Exhibit (A) regarding street grading, street base, and road culverts. Quantities have been calculated as per the plat drawing. Estimated construction costs appear to be adequate for all three items. I have no conflict with the transportation construction cost estimates. cc: S-476 plant lets MEMORANDUM TO: Lee Morrison May 12, 1999 •6, s-:ADO From: Eric Jerman Planner SUBJECT: S-476 Kermit Bohrer Sandra's Vista PUD Final Plan Located East of and adjacent to WCR 1 and approximately IA mile North of State Highway 66 this PUD Final Plan proposes Five residential lots. Staff approved the Final Plan in an administrative review on February 25, 1999. Please review the enclosed Improvements Agreement and the Letter of Credit. You and Don Carroll have already approved a previous Improvement Agreement but this one has deleted some money for the onsite water supply. The receipts for work and materials already bought are attached to the Improvement Agreement. Also, please review the Covenants. This copy includes the Right To Farm language. Mr. Borhrer will record these covenants as soon as you have notified me of your approval of them. I will send the copies of the Improvements Agreement and the Letter of Credit on to the Clerk To the Board today. Please notify me if you have any questions. fetes MEMORANDUM TO: Don Carroll May 12, 1999 v• , • From: Eric Jerman Planner SUBJECT: S-476 Kermit Bohrer Sandra's Vista PUD Final Plan Located East of and adjacent to WCR 1 and approximately 'A mile North of State Highway 66 this PUD Final Plan proposes Five residential lots. Staff approved the Final Plan in an administrative review on February 25, 1999. Please review the enclosed Improvements Agreement and the Letter of Credit. You already approved a previous Improvement Agreement but this one has deleted some money for the onsite water supply. The receipts for work and materials already bought are attached to the Improvement Agreement. I will send the copies of the Improvements Agreement and the Letter of Credit on to the Clerk To the Board today. Please notify me if you have any questions. e \ MEMORANDUM w • TO: Board of County Commissioners May 12, 1999 F - � . • � From: Eric Jerman Planner • SUBJECT: S-476 Kermit Bohrer Sandra's Vista Final PUD Located East of and adjacent to WCR 1 and approximately 'A mile North of State Highway 66 this PUD Final Plan proposes Five residential lots. Staff approved the Final Plan in an administrative review on February 25, 1999. Department of Planning Services staff, the Department of Public Works, and the Weld County Attorney's office has approved the Improvements Agreement. The Department of Planning Staff requests that the Board of County Commissioners accept the Improvements Agreement and the Letter of Credit for Sandra's Vista, S-476 PUD Final Plan. le '„ MEMORANDUM TO: S-476 Kermit Bohrer PUD- Final Plan FROM: Eric Jerman, Planner SUBJECT: Acceptance of Covenants, Improvements Agreement and Collateral by the Board of County Commissioners March 24, 1999 Items remaining to be completed by Kermit Bohrer: 1. Covenants must include the Right to Farm Covenant as directed by Staffs Condition of Approval# 1.b. 2. Letter of Collateral must be submitted to DPS,Orior to sending Improvements Agreement to Board for approval. i vm R C� P�� mAdv-A (-)) 1' t.a C.a Fit_ , etr. ,4s SERVICE,TEAMWORK,INTEGRITY,QUALITY c\i: (7. % f 11 aill MEMORAND UM WilTO: Eric Jerman, Current Planner DATE: January 7, 1999 • FROM: Donald Carroll, Engineering Administrator at LORADO SUBJECT: S-476; Kermit Borher, Final PUD Improvements Agreement The Weld County Public Works Department has reviewed the Improvements Agreement According Policies Regarding Collateral for Improvements (Private Road Maintenance) and has the following comments: I have reviewed the transportation portion of Exhibit(A) regarding street grading, street base, and road culverts. Quantities have been calculated as per the plat drawing. Estimated construction costs appear to be adequate for all three items. I have no conflict with the transportation construction cost estimates. cc: S-476 plant t NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 15, 1998, at 1:30 p.m. for the purpose of considering a Planned Unit Development Final Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: S-476 PLANNER: Eric Jerman APPLICANT: Kermit Bohrer LEGAL DESCRIPTION: Part of the S2 NW4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 1 and approximately '/: mile north of State Hwy 66. For a more precise location, see legal. SIZE: 36 acres, more or less. The public hearing will be held in Room 104, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 15, 1998. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Wendi Inloes, at Phone# (970) 353-6100, Ext.3540,or Fax#(970)352-6312, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability." Marie Koolstra, Chair Weld County Planning Commission To be published in the Fort Lupton Press To be published one(1)time by November 12, 1998. 1 I I Daceived'b Date: ` Affidavit of Publication STATE OF COLORADO County of Weld SS. 1 A.Winkler Riegel of said County of Adams being duly sworn,say that I am publisher of FORT LUPTON PRESS that the same is a weekly newspaper of general circulation was printed and published in the town of FORT LUPTON in said county and state that the notice of advertisement,of which the annexed is a tree copy has beat published in said weekly newspaper for ONE consecutive weeks: that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice and in the newspaper props and not in a supplement thereof: that the first publication of said notice was contained in the issue of said newspaper bearing the date of NOVEMBER 11. A.D. 1998 and the last publication thereof,in the issue of said newspaper,bearing date, the 11th day of NOVEMBER 1991, that the aid FORT LUPTON PRESS has been published continuously and uninterruptedly during the period of at least fifty-two consecutive weeks next prox to the fret issue thereof containing said nodes or advertisement above referred to: and that said newspaper was at the time of each of the publications of said notice duly qualified for that purpose within the 'l meaning of in act entitled. 'An Act Concerning Legal Notices,Advertisements and Publications and the Fees of Printers and Publishers thereof,and to Repeal all Acts and Pans of Acts in Conflict with the Provisions of this Am' approved April 7, 1921, and all amendments thereof,and wrticelarly as amended by an act approved, March 30, 11 an am approved y 13, 193 III Publisher Subscribed and sworn to before mu this 11th day of , ER A.D. 199R �° • f Notary ulllc P.O.BOX 125 FT. LUPTON. CO 80621 County Planning DeptVVeki f i JAMIE 1 �% f N YBARRA Nov:; 1 9 1998 OF CO-Vw . RECEIVED My Commission Expires December 27,2001 my ('►), APPLICATION MATERIALS BOHRER P.U.D. PLANNED UNIT DEVELOPMENT FINAL PUD PLAN t, a *' r Prepared for: KERMIT BOHRER 14761 WCR 3 LONGMONT, COLORADO 80501 Prepared by: ROCKY MOUNTAIN CONSULTANTS, INC. 825 DELAWARE AVE., SUITE 500 ' u t .r 2a LONGMONT, COLORADO 80501 Li " ' "'" s 4 " q . ,a 5� ai t October 1998 3 t t Y $ v RifCRrCRMCRMCRniC R1 Bohrer PUD—Final PUD Application October 13, 1998 TABLE OF CONTENTS Application Materials Pages A1-A4 ATTACHMENTS Application Form Attachment 1 Vicinity Map Attachment 2 Certificate of Title Attachment 3 County Treasurer Certificate Attachment 4 Improvement agreement Attachment 5 Covenants Attachment 6 Preliminary Engineering Geologic Reconnaissance Attachment 7 Affidavit of Interest Owners of Surface Estate Attachment 8 Affidavit of Mineral Owners and Lessees Attachment 9 Landscape Plan Attachment 10 Utility Map Attachment 11 Final Plan plat map Attachment 12 Letter from US West Attachment 13 BOHRER PUD FINAL PUD PLAN APPLICATION October 13, 1998 The following information follows the format of the application requirements as outlined in the Planned Unit Development Procedural Guide packet distributed by Weld County. 1. A completed PUD plan application form and application is attached. 2. A copy of a certificate of title is attached. 3. Certificate of title covering all public dedications. 40 feet right of way for W.C.R. #1 designated as outlot A on Final Plat. 4. No land is to be deeded to a public. 5. The certificate from the County Treasurer showing no delinquent taxes on the property of the proposed PUD plan is attached.. 6. The utility plans (attachment) have been stamped by a qualified engineer. 7. Covenants are attached and notes are presented on the Final Plat. 8. An Improvements Agreement According Policy Regarding Collateral for Improvements is attached. 9. If street or highway facilities providing access to the property were determined adequate at the PUD district application stage because the applicant proposed a separate off-site road improvements in order to comply with Section 28.8.1.7 of the Zoning Ordinance submit a separate off-site road improvements agreements proposal. Not applicable. 10. A statement which summarizes the total area of the PUP plan. The PUD will create 4 estate residential building sites and one agricultural lot with a building envelope for a future home and an open space outlot. The applicants plan to sell the four smaller lots for development by individual homeowners. They plan to retain the larger parcel as-a compliment to their adjacent farming operations. The home on the larger parcel would most likely be built at some time in the future, when the applicants no longer wish to farm the property. No commercial or industrial uses are proposed for this PUD. No off street parking spaces will be provided and no open storage or loading areas are proposed. Bohrer PUD-Final PUD Application Page A-I 11. A statement describing how each building and structure will be used or operated. This includes the volume of business expected to be conducted at any commercial or industrial establishment, the hours of business of those establishments, the number of employees expected to work in any commercial or industrial establishment, the number of dwelling units in each building, the number of parking spaces, and any other information which would assist in determining the uses of the buildings and structures and the compatibility of those uses within and adjacent to the PUD. There are 5 lots within the PUD. Four of the lots will be 2.5 acres each and located on the non-irrigated portion of the property, closer to WCR#1. The remaining 19.8 acres will make up the 5t° lot. A building envelope is included on the larger parcel for a future home site. It is anticipated that the homes on the lots will be rural residential in character. Covenants have been drafted which are to be recorded with the final plat if the PUD is approved. The covenants set forth minimum standards for the homes. This design will maintain a non-urban character for the PUD, consistent with development outside of the designated urban growth boundaries of Mead and Longmont. 12. A statement which describes any proposed treatment, buffering or screening between uses, buildings or structures in order to achieve compatibility. A statement which describes the proposed treatment of the perimeter of the PUD plan, including materials and techniques used, such as screens, fences, walls, berms and other landscaping. The area surrounding the PUD includes rural residential development and agricultural land uses. The homes are closer to WCR #1 with agricultural uses to the back of the parcels. The PUD as proposed will be similar to this existing character. The proposed open space outlot forms the boundary between the larger agricultural parcel and estate residential lots. This will allow for ongoing management of the irrigated pasture and minimize conflicts with the new homes. 13. A statement concerning the location and the intended use of all public and private open space and semi-public uses including parks, recreation areas, school sites and similar uses. A 5.6 acre common open space outlot has been set aside for common open space for private use of future residents of the PUD. The open space will be managed as a native pasture. A trail system will reinforce the connection between the new homes and provide an opportunity for the new residents to enjoy the rural setting away from the traffic on WCR 1. Clusters of trees will be planted to provide shady areas along the trail. This trail will form the edge between the the proposed residential parcel and the larger agricultural parcel and connect to the internal access drive to form a looped system. There are no anticipated public or semi- public uses associated with this request. Bohrer PUD-Final PUD Application Page A-2 14. A statement detailing how any common open space will be owned, preserved and maintained in perpetuity. Common open space will be owned, maintained and preserved by the homeowner's association, consistent with the attached covenants. 15. A copy of the covenants is attached to this application. 16. A PUD plan construction schedule showing the approximate dates when construction of the development is proposed to start and finish. We anticipate that construction of utilities and streets in the PUD will start during winter of 1998. Home construction will start in spring of 1999 subject to market conditions and timing of sale of lots. 17. A statement describing the method of fins ancing for the development. Private financing shall include funding for installation of the following: INFRASTRUCTURE QUANTITY COST Private Street LS $20,000 Water Line & Fire Hydrants LS $33,000 Landscape Improvements LS $3,000 Electricity LS $4,300 Gas LS $2,800 Telephone NA By US West Sanitary Sewer NA By homeowners Storm Drainage LS $500 18. The proposed private drive does not intersect a state highway. 19. A copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of any problems resulting from the location of the ditch. Not applicable. Bohrer PUD-Final PUD Application Page A-3 /^ 20. Geologic maps and investigations reports regarding area suitability for the proposed PUD development are attached. The maps and reports will be furnished to representative of the Colorado Geological Survey Division for review and evaluation. There are no known geologic hazards associated with the PUD. A copy of the preliminary geologic reconnaissance is attached for review. 21. A certified list of the names, addresses and the corresponding parcel identification numbers is attached. 22. A certified list of the names and addresses of mineral owners and lessees of mineral owners is attached. 23. The mineral rights are owned by the applicants and there are no existing leases encumbering this property. Bohrer PUD-Final PUD Application Page A-4 ATTACHMENT 1 Application Form eTh DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631 Phone(303) 353-6100, Ext. 3540, Fax#(303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY App. Ch'd BA�( +EJ Case Number App. Fee: �� Receipt Number: Record. Fee: Receipt Number: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we), the undersigned, hereby request hearings before the Weld County Planning cipinggi§siarimiyi01 Dept County Board of County Commissioners concerning the proposed PUD final plan fo I 1fild �a e rg unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: OCT 21 1998 A portion of the south %of the NW 1/4 of section 19, T3N, R68W of the 6th PM - Please see attached Exhibit A for a complete legal description Property Address (if available): k ac tI V E D PRESENT ZONE A(Agricultural) PROPOSED ZONE PUD TOTAL ACREAGE about 36 acres OVERLAY ZONES none SURFACE FEE(PROPERTY OWNERS)OF AREA PROPOSED FOR REZONING: Name Kermit Bohrer Home Telephone#: (303)678-7979 Address: 14761 WCR 3 Bus. Telephone#: Longmont. CO 80501 Name Christopher Henson Home Telephone#: (303)651- 6589 Address: 14506 WCR 1 Bus. Telephone#: Lonamont. CO 80501 APPLICANT OR AUTHORIZED AGENT(if different from above) Name Kermit Bohrer Home Telephone#: (303)678-7979 Address: 14761 WCR 3 Bus. Telephone#: Lonamont. CO 80501 OWNERS AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSORS OFFICE Name Kermit Bohrer Home Telephone#: (303)678- 7979 Address: 14761 WCR 3 Bus. Telephone#: Longmont. CO 80501 Name Christopher Henson Home Telephone#: (303)651- 6589 Address: 14506 WCR 1 Bus. Telephone#: Longmont. CO 80501 Si • nature: Owner or Authoriz Agent H:\2756 002\FINALPUDWINALAPP.WPD fee ATTACHMENT 2 Vicinity Map n �1 i 3 0 LL CM I• Z .1 1 I# co > Q d • 71E: ' i ,. . , [iuC . / / s i 2 ura ...r• _ .�,,.-, e _ _. 1 • ti • 1 ` ,—zla �j 1 - • f • '..N /�. / .1 - f., • i /' �.�� I 3 °t j2.''\\1Mv OG,VO M9' ... n�1'-/.IM :_•` .. ATTACHMENT 3 Certificate of Title r TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8043053 1. Effective Date: March 26, 1998 at 7:00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $TBD $TBD Proposed Insured: To Be Determined B. ALTA Loan Policy $ $ Proposed Insured: Exam Fee $250. 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Kermit 0. Bohrer, as to an undivided 9/10 interest, and Christopher B. Henson, as to an undivided 1/10 interest. 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: April 07, 1998 WLC/TLF/jd "TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8043053 SCHEDULE A - Continued LEGAL DESCRIPTION The S1/2 of the NW1/4 of Section 19, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, TOGETHER WITH easement for ingress and egress over and across the South 12 feet of the S1/2 of the NW1/4 of said Section 19, located West of the West bank of the existing North-South drainage ditch; EXCEPTING THEREFROM a tract of land conveyed by deed recorded February 4, 1959 in Book 1524 at Page 2 , being more particularly described as follows: That portion of the S1/2 of the NW1/4 of Section 19, Township 3 North, Range 68 West of the 6th P.M. , located East of the West bank of the existing North-South drainage ditch, and more fully described as follows: Beginning at a point on the South line of the NW1/4 of said Section 19 from which point the West Quarter corner of Section 19 bears South 89 degrees 16 minutes West, 671. 6 feet; thence North 89 degrees 16 minutes East along the South line of said NW1/4, 1928 . 5 feet; thence North 0 degrees 06 minutes East, 1323 . 8 feet along the East line of said NW1/4 to the Northeast corner of the S1/2 of said NW1/4; thence South 89 degrees 11 minutes West 1283 . 4 feet along the North line of the S1/2 of said NW1/4; thence South 30 degrees 02 minutes East 323 . 6 feet; thence South 23 degrees 52 minutes West 96. 6 feet; thence South 3 degrees 39 minutes East 317 . 6 feet; thence South 21 degrees 44 minutes West 40 feet; thence South 50 degrees 18 minutes West 93 .2 feet; thence South 62 degrees 42 minutes West 84 .4 feet; thence South 76 degrees 54 minutes West 313 .8 feet; thence South 39 degrees 49 minutes West 324. 4 feet; thence South 31 degrees 34 minutes West 221.3 feet, more or less, to the Point of Beginning, and The South 12 feet of the S1/2 of the NW1/4 of said Section 19, located West of the West bank of the existing North-South drainage ditch. Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8043053 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000. 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CR8 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Evidence satisfactory to the Company of the payment of any federal estate taxes which may have become due by reason of the death of Sandra H. Bohrer. B. Deed from Kermit O. Bohrer and Christopher B. Henson to grantee(s) to be determined. NOTE: This commitment is subject to such other and further requirements as may be necessary when the name or names of the grantee are disclosed to the Company. Page 3 ,1 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8043053 SCHEDULE B 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 theretofore or hereafter furnished, 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. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8043053 SCHEDULE B - Continued EXCEPTIONS 7. Right of way for railroad as reserved by Denver, Pacific Railway Company in the Deed recorded July 28, 1876 in Book 12 at Page 494, in which the specific location of said right of way is not defined. 8. Right of way, whether in fee or easement only, for a water pipe line, as granted to Longs Peak Water Association, a Colorado Corporation by W. E. Virden and Catherine Virden, recorded April 20, 1962 in Book 1612 at Page 285, as more particularly described in said instrument. 9. Right of way, whether in fee or easement only, for gas pipe lines, as granted to Public Service Company of Colorado by W. E. Virden and Catherine Virden, recorded June 21, 1967 in Book 583 as Reception No. 1504932 , as more particularly described in said instrument. 10. Oil and gas lease between W. E. Virdin and Catherine Virden and Ted Amsbaugh dated May 9 , 1980, recorded June 5, 1980 in Book 905 as Reception No. 1826663 , and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Catherine Virden, recorded May 8, 1985 in Book 1068 as Reception No. 2008829 . NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296. (c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (d) Western Gas Supply Company, Recorded April 2 , 1985 in Book 1063 as Reception No. 2004300. (e) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . Page 5 TRANSNATION TITLE INSURANCE COMPANY AUTHORIZATION TO WAIVE REQUIREMENT FOR TAX CERTIFICATE PRIOR TO POLICY ISSUANCE The undersigned hereby authorize(s) the company to issue its title insurance policy or policies as contemplated under commitment number 8043053 without ordering tax certificates pursuant to provisions of Senate Bill 91-14 (CRS 10-11-122) . Proposed Insured Proposed Insured Return to: Transnation Title Insurance Company 1113 10th Avenue Greeley,. CO 80631 QQ Issum BY TRANSNATION Tm.E INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY • Attest: /7!d»ti or o0G {j tE.?t By: Secretary President .4t Athos' Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1986 Cover Page Form 1004-248 ATTACHMENT 4 County Treasurer Certificate Report Date: 09/24/98 10:39AM WELD COUNTY TREASURER Pagt 1 CERTIFICATE OF TAXES DUE CERT#: 13544 SCHEDULE NO: R4754886 ORDER NO: • ASSESSED TO: VENDOR NO: BOHRER SANDRA H KERMIT BOHRER 14761 WCR 3 14761 WCR 3 LONGMONT, CO 80501 LONGMONT CO 80504 LEGAL DESCRIPTION: 25571A 32NW4 19 3 68 EXC PT E OF W BANK OF EXISTING N-S DRAINAGE DITCH(40.14A M/L) (IR) %14500 WCR I% PARCEL: 120719000002 STTUS ADD: 14500 1 CR WELD TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 09/24/1998 0.00 ORIGINAL TAX BILLING FOR 1997 TAX DISTRICT 1345- Authority Mid Lay Amount Values Actual Assessed WELD COUNTY 22.038 36.36 Land 5019 1460 SCHOOL DIST REl7 50.02Z 82.54 Exempt 0 0 NCW WATER 1.000 1.65 Improve 642 190 SVW WATER 0.351 0.58 LONGS PEAR WATER 0.000 0.00 Tonal 5661 1650 MTh VIEW FIRE(BOND 1.520 2.51 WELD LIBRARY 1.409 2.32 MOUNTAIN VIEW FIRE 7.817 12.90 84.157 138.86 - TAXES FOR 1997 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX IS SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS.THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc.tax collected on behalf of ocher etudes,special or local improvement district assessments or mobile homes,unless specifically mentioned. L the undersigned.do hereby ceroty that the entire ammm of taxes due upon the above described pastels of real property and all outaaodin`sales for unpaid taxes as shown by the records in my office from which the same may still lllbbbee�redeeeeemed with the redemptionamount required for redemptionare as noted herein.In witness wheteot.I have heseuoro ' ' ' ��09/24/98. �'TREASURER, WELD COUNTY,ARTHUR L.WILLIS II,BY ATTACHMENT 5 Improvement Agreement rTh IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this_day of ,by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called "County", and hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: WHEREAS, a final subdivision/PUD plat of said property, to be known as has been submitted to the County for approval; and WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat,the parties hereto promise, covenant and agree as follows: 1.0 Enttineerin¢Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1 Revised 12/95 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a fmal statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction. Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A:which is attached hereto and made a part hereof by this reference,according to the construction schedule set out in Exhibit"B"also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. Revised 12/95 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits,actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability,loss or damage is caused by,or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. • (THERE IS NO SECTION 5) 6.0 Aooroval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or,in its absence,the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B",but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upcn completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicated which of the five types of collateral prefered • 3 Revised 12/95 to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30)days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 100%of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and „B„ 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 12/95 r r'1 8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100%of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of-the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in MI force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 5 Revised 12/95 te%, n 8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements. 9.0 Reouest for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans. 6 Revised 12/95 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of 15%of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 • Public Sites and Oven Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks,greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. 7 Revised 12/95 BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney - APPLICANT BY: (title) Subscribed and sworn to before me this_day of , 19 . My Commission expires: Notary Public M:FORMMlRNATLDB 8 Revised 12/95 EXHIBIT "A" Name of Subdivision: Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19_, recorded on , 19 in Book . Page No. . Reception No. the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street grading Street base Street caving Curbs. gutters. & culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply & storage Water mains-Includes Bore Fire hydrants Survey & street monuments& boxes Street lighting Street name signs Fencing requirement; Landscaping Park improvements Road Culvert Grass Lined Swale Telephone Gas Electric Water Transfer SUB-TOTAL 9 Revised 17J95 Engineering and Supervision Costs (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". (In corporation,to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 • 10 Revised 12/95 EXHIBIT"B" Name of Subdivision: Filing: Location: Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvementsshown on the final subdivision plat of Subdivision, dated . 19 ,Recorded on , 19 in Book Page No._ ,Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction ofthe improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site wading Street base Street Paving Curbs. gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water suoPly and storage Water mains Fire hydrants • Survey& street monuments 8c boxes Street lighting Street name signs Fencing reauirements Landscaping Park improvements Telephone Gas Electric Water Transfer Sub-Total I 1 Revised 12/95 The County, at its option,and upon the request by the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Date: , 19_ etelanraperradts 12 Revised 12/95 ATTACHMENT 6 Covenants n Northwest 1. Section 19 Township 3 North Range 68 West of the 6th PM. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1. DECLARANT. The declarant in this Declaration of Covenants, Conditions & Restrictions is hereinafter referred to as "Declarant." 2. RECITALS. WHEREAS, Declarant is the Owner of certain property in the County of Weld, State of Colorado, which is more particularly described as Lots 1, 2, 3, 4,.and 5, a map of which is recorded in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, and 5 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, tide or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants" shall mean and refer to Kermit Bohrer, his successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple tide to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation, and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2, 3, 4, and 5. Page 1 of 11 3.4. "Lot" shall mean and refer to any plot of land identified as such and shown upon the recorded map of the Properties, being Lots 1, 2, 3, 4, and 5 . 4. COVENANTS, CONDITIONS AND RESTRICTIONS. The covenants, conditions and restrictions contained herein shall apply to the development and shall be covenants running with the land, shall be binding on all parties and on all persons claiming under them for a period of 25 years from the date this Declaration of Covenants, Conditions and Restrictions is recorded, after which time said Declaration shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Properties has been recorded agreeing to change said Declaration in whole or in part. 5. RESIDENTIAL AREA COVENANTS, CONDITIONS AND RESTRICTIONS. The following covenants, conditions and restrictions are applicable to each Lot: 5.1. Land Use. The Lots, nor any part thereof, shall not be occupied or used for any purpose other than private single-family residences. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this section shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or profession of any nature which results in non-resident vehicular or pedestrian traffic to and from the Lots shall be conducted on any Lot or in any residence construed thereon, with the exception of agricultural-related business. 5.2. Building Type. No structures shall be erected, placed, altered or permitted to remain on any part of the above-described property other than detached single-family dwellings, not to exceed two stories in height, one private garage for each such dwelling for the Owner or Owners of such dwelling for not less than two or more than four vehicles and accessory barns and outbuildings as approved before construction by the Architectural Control Committee. 5.3. Dwelling Cost, Quality, Size and Requirements. Covenants are recorded, it being the intention and purpose of this Covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure devoted to living purposes, exclusive of one-story open porches, roofed or unroofed porches, garages, terraces and basements, shall not be less than 2500 square feet for a one-story dwelling. If a residence of more than one story is constructed, then the main floor of the structure devoted to living purposes shall not have less than 1500 square feet of floor area and the second story shall not have less than 1000 Page 2 of 11 r"'\ em or junk motor vehicles are allowed. Trailers, boats, motorcycles, farm equipment/machinery, motor bikes or any other equipment shall not be kept on any Lot or about the premises except in an enclosed building or area. 5.8. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except during a six-month construction period when a single-wide mobile home shall be allowed. 5.9. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than one square foot identifying the Owners or lessees of the property; one sign of not more than five square feet advertising the property for sale or rent, and signs customarily displayed by builders during the construction period of the dwelling, and such other signs as may be approved by the Architectural Committee. 5.10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 5.11. Livestock and Poultry. No cattle, sheep, goats, rabbits, poultry or animals of any description or kind shall be allowed with the exception of two horses, household animals such as dogs and cats and they shall not be allowed to make objectionable noises, cause noxious odors, flies, insect pests, pollutant runoff, or otherwise constitute a nuisance, annoyance, or inconvenience to, or disturb the peace of, residents of the development. No dogs shall be allowed to leave the Owner's property unless under the complete control of the Owner. Animal maintenance shall also include the removal of manure in a manner that will prevent nuisance conditions. 5.12. Building Location. Subject to the minimum distances required by Weld County regulations, as from time to time may be amended, every building, structure or other improvements shall be located in accordance with the following-prescribed distances from Lot lines and shall be located within the attached building envelope drawings for each lot: A. Front set back at least 50 feet from Lot line. B. Rear set back at least 50 feet from Lot line. Page 4 of 11 ," em square feet devoted to living space. Roofs covered with asphalt shingles or with material which is metallic in appearance shall be prohibited except where specifically approved by the Architectural Control Committee prior to installation thereof. All construction shall be in compliance with the applicable ordinances and codes of Weld County except where these covenants impose more stringent requirements, in which case these covenants shall govern. All dwellings shall have automatic fire sprinklers installed at time of construction, as required by the Mountain View Fire Protection District, and shall comply to the nationally recognized standards provided by the Mountain View Fire District. 5.4. Buildings, Fences and Walls. No fence or wall shall be constructed on any Lot without the prior written consent of the Architectural Control Committee. The Architectural Control Committee, as a general rule, shall refuse permission for house, outside buildings, boundary fences and walls which would obstruct views of other Lots, but shall, as a general rule, be receptive to granting permission for privacy fences or walls screening patios, outdoor eating areas, and the like, which encompass substantially less than all of a rear, side, or front yard. For purposes of this section, hedges shall be considered to be the same as fences and subject to the same restrictions. (The term "wall" as used in this section shall not include the walls of a house or garage, but rather shall mean walls which are freestanding and intended to enclose or screen areas outside the house or garage.) 5.5. Easements. Easements are as shown on the recorded map of the development. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may endanger or interfere with the installation and maintenance of utilities or ditches, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements 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 utility company is responsible, or those easements granted to all Lot Owners as further stated in this declaration. All Owners shall have reasonable access to carrying ditches and headgates as necessary for irrigation of their parcels. 5.6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the residents of the development. No firearms shall be discharged on the Properties. 5.7. Vehicles. No boats, trailers, campers, motorcycles, farm equipment/machinery, motor bikes or inoperative vehicles shall be parked closer to the street than the minimum building set-back line. No inoperable, unlicensed Page 3 of 11 C. Side yard set back at least 50 feet from Lot line. Roofs, eaves and porches may not overhang or encroach upon any set-back requirement. The Architectural Control Committee may, in its sound discretion, grant variances of these set-back requirements. 5.13. Garbage and Refuse Disposal and Lot Maintenance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so they are visible from any neighboring Lot or street, except as necessary during the period of construction. Each occupied Lot shall at all times be kept clear of excessive weeds and other unsightly growth, and the same shall be forthwith removed from the Lot by the Lot Owner upon demand of the Architectural Control Committee. After a residence has been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be planted to grass or other vegetation or left in native vegetation or covered with decorative materials, and maintained in that condition, so as to prevent the blowing of dust and dirt from the exposed soil. In the event any structure is destroyed, whether wholly or partially, by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundations, and all debris, shall be promptly removed from the Property. All types of refrigeration, cooling or heating apparatus must be concealed in a manner which has the prior written approval of the Architectural Control Committee. No garbage or trash cans or receptacles shall be maintained in such a manner that they are exposed to the view of passersby on a public street or highway. 5.14. Moved-in Structures. No structure shall be moved from a point outside the real property hereinbefore described to within the real property hereinbefore described without special written permission from the Architectural Control Committee as hereinafter provided. 5.15. Construction Period. Any building construction must be completed within a nine-month period from the date of commencement of construction. No building may be occupied until the exterior is completed and painted and final Lot grading relating to construction is completed. 5.16. Landscaping. The landscaping, including trees, shrubs, grass, rock work, etc., upon each Lot and around the improvements thereon shall be equal in cost to at least 5% of the total construction costs for the primary residence and outbuildings upon the property and such landscaping shall be installed within one year from the date of completion of the single-family residence or outbuilding constructed upon the premises. Page 5 of 11 5.17. Recorded exemptions are not allowed. 5.18. Architectural Control Committee. The Architectural Control Committee shall be composed of three (3) members or their designated representatives, successors or assigns. Each of the five (5) Lot Owners shall have the right to cast one vote in electing the Architectural Control Committee. The three-member Architectural Control Committee shall be elected by a simple majority. A majority decision of the Committee shall be final as to all matters within the jurisdiction of the Committee. A majority of the Committee may designate a representative to act on their behalf and the decision of the representative shall have the force and effect of a final decision of the Committee. Service on the Committee shall be without financial compensation and the Committee shall not incur debt or expense on behalf of any Owner, except by express consent of the Owner or Owners thereby affected. The Committee's approval shall be in writing and signed by the Committee members, and no decision of the Committee shall be further appealable unless a • good faith dispute shall arise concerning whether or not a particular proposed structure or improvement falls within the Committee's jurisdiction. Should a good faith dispute arise between the Committee and any Lot Owner regarding whether a proposed improvement falls within the authority of the Committee, the parties agree that no construction shall commence or continue following receipt of notice of the Committee's objection, unless and until the jurisdictional dispute is resolved and the Committee's authority is either received or a determination is made that the Committee's approval is not required. Should a. dispute become unresolvable by informal means, the parties mutually designate the District Court of Weld County as the exclusive forum for resolution of all disputes regarding construction or interpretation of these covenants, although the parties may submit any dispute to mediation or binding arbitration by mutual agreement. 5.19. Architectural Control. No building, structure, towers, masts, antennas, satellite antennas, fence or wall (natural or artificial, including tall-standing trees and hedges), shall be erected, placed, planted or altered on any Lot until the construction plans and specifications thereof, and a plan showing the location of the structure or tall-standing planting, shall have been approved by the Architectural Control Committee as to conformity with these covenants, quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topographic and finish grade elevation, and effect on scenic view of adjacent landowners. Outbuildings larger than 2500 square feet with an eave height of higher than 12 feet and an overall height greater than 18 feet shall only be allowed subject to a majority vote of all Page 6 of 11 ••""... property Owners of this development. No previously approved structures shall be substantially extended or substantially altered or modified without the approval of the Architectural Control Committee. Before any Lot Owner shall commence the construction, reconstructions, exterior remodeling, addition to or alteration of any building, wall, fence, garage or any other structure of any kind whatsoever on any Lot, such person shall submit to the Architectural Control Committee (hereinafter "Committee") a complete set of plans and specifications for said improvements, the erection or alteration of which is desired, and no construction shall be commenced unless and until the final construction plans, specifications, elevations and a plan showing the location of structures, septic fields, drainage routes and acrecs shall have received the prior approval of the Committee as hereinafter provided. Such plans shall include plot plans showing the location of the Lot or property and the location of the proposed addition, structure, wall, tall-standing trees or hedges, fences, yard lights, driveways, access roads, swimming pool, or other structure proposed to be constructed, placed, altered or maintained on the Lot, together with the proposed color scheme of roof and exteriors thereof. In order to avoid unnecessary hardships, it is mandatory that all Lot Owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings of such work to the Committee in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications, or incurring substantial expense in that regard. The Committee shall approve or disapprove, or approve in part, the final plans, specifications and details within 30 days and in writing after the date of receipt thereof. In the event that the Committee, or its designated representative, fails to approve, approve in part or disapprove the final plans, elevations and specifications within 30 days after such plans have been submitted to it, the Committee's approval shall be deemed to have been obtained by default, unless the Committee, by written notice by certified mail, return receipt requested, requests an extension of time to further study proposed plans and specifications, to obtain expert analysis or opinions, tests, data and other materials or advice which the Committee shall require. The Committee shall be entitled to one extension of 30 days' time for said purposes, after which approval will be deemed given unless the proposed plans and specifications are sooner approved or rejected. In the event any Owner shall commence construction without the prior approval of the Committee, the Committee shall be privileged to retain appropriate Page 7 of 11 eTh attorneys and commence suit to enjoin further construction, installation or improvements until approval shall have been obtained, and in the case of completed structures or improvements within the Committee's jurisdiction, the failure to obtain prior approval shall be conclusive evidence of violation of covenant and shall render the offending Owner liable for damages, including mandatory relief requiring the offending Owner to dismantle, remove and eradicate all evidence of the unapproved completed or partially completed structure. In this context, "structure" shall be construed to mean any improvement for which the Committee's approval shall be required, as otherwise herein provided. Neither the Committee nor any architect, engineer or agent of the Committee, shall be responsible in any way for defects in plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No buildings or improvements previously approved for construction or placement upon any Lot shall be moved without the prior written approval of the Committee. 5.20. Enforcement. The Committee, the Owner or Owners of any Lots or any lawful representative of the County of Weld may enforce the restrictions and limitations herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. In addition, the prevailing party shall be entitled to all reasonable attorneys' fees and costs in the event legal proceedings are necessary or brought in order to compel compliance with any of said restrictions and limitations. 5.21. Binding Effect. Each grantee of the properties included within this Declaration, by acceptance of a deed conveying any of the Lots of Properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained, and by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant, agree and consent to, and with the grantees and subsequent Owners of each of said other Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements. Said restrictions, covenants and agreements are intended and imposed for the direct, mutual and reciprocal benefits of each and all of said Lots and outlots and subsequent Owners thereof, and to create mutual and equitable servitudes upon each of said Lots and outlots in favor of each other Lot and outlot, and reciprocal rights and obligations and privity of contract and estate between the grantees of said Lots, their respective heirs, successors and assigns. Page 8 of 11 n 5.22. Waiver. Any variance, waiver or release of these conditions and restrictions granted by the Architectural Control Committee or any acquiescence or failure of it to enforce any violation of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. The Architectural Control Committee may, by its signed written instrument, waive, release or vary any provision of the within protective covenants as they pertain to any part or all of the Lots encumbered, which waiver, release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Committee shall have any liability whatsoever to any Owner or other party aggrieved or injured on account of the grant of such release, waiver or variance. In return for such waiver, release or variance, the Committee may impose upon the Owner and the Lot involved such additional or altered covenants as the Committee deems proper and appropriate in the circumstances. Each Owner agrees, by accepting title or any interest in any Lot, that Declarant, its employees or agents, and each member of the Committee, shall be immune from suit or liability in accordance with the foregoing. 5.23. Severability. In the event that any one or more of the provisions, conditions, restrictions, limitations and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions, limitations and covenants as herein set forth shall continue unimpaired and in full force and effect. 6. COVENANTS RELATING TO MAINTENANCE OF COMMON-ACCESS DRIVEWAY. 6.1. It shall be the duty of the Owners of Lots 1, 2, 3, 4, and 5 individually and collectively, to maintain, repair and replace, as necessary, the common access roadway servicing those Lots, all open space, outlots and trails, including the removal of manure in a manner that will prevent nuisance conditions. Each Owner shall bear one-fifth of the cost of such maintenance and repair. The Architectural Control Committee shall be responsible for obtaining necessary services. 6.2. No Owner may except himself from liability for his share of the expenses of the maintenance and repair of the common access driveway, all open space and outlots by waiver of the use or enjoyment of the access, by abandonment, or by any other act of omission. 6.3. All such sums incurred and unpaid by an Owner, together with interest thereon at the then-legal rate, shall constitute a lien on such Lot. To evidence such lien, a written notice setting forth the amount of such unpaid indebtedness, the name of the nonpaying Owner of the Lot, the legal description of the Lot, Page 9 of 11 the date of the notice, and notarized signature of the adjoining Owner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the Owner and may be enforced by foreclosure on the nonpaying Owner's Lot by the adjoining Owner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Owner shall be liable for all costs, expenses and reasonable attorney's fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Owner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. 7. SANITATION AND DRAINAGE. Each Owner of each Lot shall maintain, keep in good repair and replace, if necessary, all drainage facilities, sanitation and sewer facilities and fire protection facilities, including, but not limited to, collection lines, leach fields, septic tanks, and cisterns, according to the plans and specifications approved by Weld County, Colorado, the Weld County Health Department and the State of Colorado until such time as such facilities, and all appurtenances thereto, are replaced by, or the responsibility therefore is assumed by a municipal or quasi-municipal entity. Each Lot Owner shall be • responsible for maintaining, repairing and replacing those facilities, including on- Lot sanitation systems serving his Lot alone. 8. GENERAL PROVISIONS. 8.1. Compliance with Provisions of Declaration. Each Owner shall strictly comply with the provisions of this Declaration and the decisions and resolutions of the Committee as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action against the noncomplying Owner to recover sums due and for damages or injunctive relief or both. The Action shall be maintainable by the Committee on behalf of the Owners or, in a proper case, by an aggrieved Owner, or because the provisions of this Declaration are imposed in part for the benefit of the County of Weld, by the County of Weld or its duly authorized representatives. The noncomplying Owner shall pay the reasonable attorneys' fees incurred in enforcing these Declarations. Failure by the Committee or by any Owner or by the County of Weld to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Weld County, Colorado, and any agency of the State government may also compel compliance of the obligations imposed hereby either jointly or severally upon each Lot Owner. 8.2. Amendment. This Declaration shall not be altered or amended from the form in which it is placed of record in the office of the Weld County Clerk and Recorder without the prior written consent of the Declarant and the then-record Owners of Lots 1, 2, 3, 4, and 5, of the development. Any such amendment adopted in accordance with this provision shall be recorded in the office of the Page 10 of 11 Clerk and Recorder of Weld County, Colorado, and shall be effective only from the date of such recording. 8.3. Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, nor the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstance or circumstances shall not be affected thereby. 8.4. Number and Gender. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this document to be executed by its duly authorized officers this day of DECLARANT: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. My commission expires: Notary Public Page 11 of 11 ,4 4 I ��k le 'II RP 1 1 I I �14 IN� i I �� fj j �, _ I I 9 N% ` `a I ! jlii i J 9 I I 0 ' �. R r . I I I 1 Sk J qi 14'Ffl i FT ; 4 t- ,,, iq a iS hi b. i I T al lipt IP i lai g opip b ii--Anst- - 1 ii g 04 it 1 it Is /Joz i I A P.U.D. �,".pBUILDING euve DWG e'er_=" Weenswirm h ATTACHMENT 7 Preliminary Engineering Geologic Reconnaissance ROCKY MOUNTAIN CONSULTANTS. INC. RMC Premiere Building . 825 Delaware Ave.. Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303)665-6959 October 6, 1997 -E-mail rmclongormil.com Kermit and Sandra Bohrer • 14761 Weld County Road 3 Longmont, Colorado 80501 Re: Preliminary Engineering Geologic Reconnaissance, Proposed Bohrer P.U.D., County Line Street, Weld County, Colorado; RMC Job No. 80-2756.002.00 Dear Mr. and Mrs. Bohrer: This letter presents the results of our engineering geologic reconnaissance of the proposed Bohrer P.U.D. to be located in the northwest one-quarter of Section 19, Township 3 North, Range 68 West in Weld County, Colorado, as shown on the sketch plan. The site is located on the east side of County Line Street approximately one-half mile north of State Highway 66. It is our understanding that the proposed development will consist of nine lots. The anticipated building sites are on the western one-third of the site adjacent to County Line Street. This reconnaissance concentrated on geologic conditions in the proposed building areas. The scope of work included a site reconnaissance, review of published geologic and soils data, and preparation of this letter summarizing the data gathered, our interpretation and analysis, and conclusions regarding the proposed development. • SITE CONDITIONS The site is located in an agricultural/rural residential area. The approximate eastern two-thirds of the site is currently in alfalfa production and is irrigated by a center pivot irrigation system. The remainder of the site is under weed and grass vegetation. The only structures on-site are a mobile home and a garage-type structure on the southwest corner of the site. • The site topography is shown on the sketch plan. Two drainage swales are present on the site. One swale is present near the east site boundary, and the other swale dissects the west part of the site as shown on the sketch plan. The two swales come together on the south-part of the site in an area which appears to have wetlands-type vegetation. Topography at the site slopes gently to moderately to the south and southwest with local slopes towards the two drainage swales. • • CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING RMC Mr. Kermit Bohrer October 6, 1997 Page 2 GEOLOGIC CONDITIONS In the project area, sedimentary bedrock dips east and southeast away from the Rocky Mountain Front Range. Regional geologic mapping (Colton, 1978) shows bedrock of the Upper Transition Member of the Pierre Shale at the surface. According to Colton (1978), the Upper Transition Member is made up of sandstone and shale with gradations in between. Based on our experience in the area and our site reconnaissance, it is likely that the surface soils at the site are residual soils with local slopewash, and possibly some eolian (wind deposited) soils. Competent bedrock would be expected at relatively shallow depths and in some areas at or very near the surface. Regional soil mapping (Crabb, 1979) shows three soil types mapped at the site. These are the Heldt, Renohill, and Shingle soils. The anticipated building areas are within the mapped Heidt • soils with the exception of an area mapped as Shingle soils on the south part of the site. The site soils and their published engineering classifications and septic tank adsorption properties are summarized on.Table 1. ENGINEERING AND GEOLOGIC CONSIDERATIONS We found no geologic conditions which would render development of the site technically infeasible. However, several factors of a geologic nature should be considered during site development. Swelling Soils and Bedrock Regional soils and geologic mapping indicate clay soils and/or claystone and shale bedrock are likely present at the site. Such soils and bedrock are potentially expansive. Review of Table 1 indicates the Heldt and Renohill soils have moderate to high swell potential. When building locations are known, site specific geotechnical investigations, including exploratory drilling and geotechnical laboratory testing should be performed to develop appropriate foundation design criteria. If swelling soils and/or bedrock are present, foundation designs to mitigate the potential impacts of swelling soils and bedrock should be implemented. Such designs are available and are commonly constructed in this area. Waste Disoosal System The site soils may not be suitable for conventional septic tank/drain field-type disposal systems due to low percolation rates and shallow bedrock. In such cases, alternative waste disposal systems may be appropriate. Site specific investigations will be necessary to determine the appropriate • waste disposal system. Erosion The site soils currently do not appear to be highly susceptible to erosion. However, soils will become more susceptible to erosion when vegetation is stripped for site development. Construction plans should include measures to minimize erosion. • RFNC Mr. Kermit Bohrer October 6, 1997 Page 3 Shallow Groundwater Review of regional depth to groundwater mapping (Hillien and Schneider, 1979) indicates the site is in an area where the water table depth generally ranges from five to 20 feet with a seasonal high water table generally less than 10 feet. Shallow groundwater, if present, may affect the design of subsurface structures and waste disposal systems. Site specific borings should be drilled to investigate groundwater levels. In addition, groundwater levels can be expected to rise in the irrigation season. Pavement Subgrade Soils at the site will probably have poor to fair pavement support characteristics. Site specific subgrade investigations should be performed and pavement should be designed based on Weld County approved design methods. • Flooding Review of the Flood Insurance Rate Map of Weld County (FIRM, 1982) indicates the site is in an area of minimal flooding. LIMITATIONS AND ADDITIONAL INVESTIGATIONS . This letter report is based on a site reconnaissance and a review of published regional geologic and soils data. We warrant only that the work has been performed in accordance with preliminary engineering geologic standards in this area. Additional site specific investigations, subsurface borings in the proposed building areas, and percolation tests and subsurface exploration in the proposed waste disposal areas are necessary to provide information for pavement design, foundation, waste disposal, and other geotechnical criteria such as site grading. If you have any questions or comments, please call. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. d1/41- • Gary Linden, R.G. Engineering Geologist GL:sp Attachment C OFFlCE\DEPTSaSOHRER.LTR pm RMC • REFERENCES Colton, R.G., 1978, "Geologic Map of the Boulder-Fort Collins-Greeley Area, Colorado," U.S.G.S. Map I-855G. Crabb,J.A., 1979, "Soil Survey of Weld County, Colorado, Southern Part," U.S.D.A. Soil Conservation Service. FIRM, 1982, "Flood Insurance Rate Map, Weld County, Colorado, Unincorporated Area," Panel 850 of 1075 Community Panel Number 080266 0850 C. Hillier, D.E., and Schneider, P.A., 1979, 'Depth of Water Table (1976-77) in the Boulder-Fort Collins-Creeley Area, Front Range Urban Corridor, Colorado," U.S.G.S. Map I-855-I. o -o ▪ y N a vs yA n re_ - � = y 7- ivV C 0 -' G, 30 o 0 al O 0 Z C p p O O t O -4 p O O d $ y U H „� c „ '7 H Z e O H p 0 2 $ O O itj Cl V j v A j N `� A W Mc y 7 yy y '0 0. tel ;J 'a H N ^7 0.....M , O1 0 in in Cf inN a ^ 0 U0N N. , n tin ini ' N. b F i vo .Ito a a C a m a N. 4p in y el V. 2 p ' v rH o 0 $ $ I $ $ i I vV 2 a. `u 8 8 $ $ 8 1 z V U Z z _ m W F W - ` a Z V m 0 O O O Z a▪ MI en o U G .Q C cn `a U V � ` ° U O 1 U 1 ▪ C V V U U ▪ r v CI.t �p a n N `O 2 m Q .` O O a n O t . v — m j H _ J z ATTACHMENT 10 Landscape Plan h ATTACHMENT 13 Letter from US West takN USWEST Communications 124 W, Magnolia Fort Collins, CO. 80526 September 24,1998 Subject: Telephone facilities to planned / proposed development. Bohrer P.U.D. Attn: Kermit Bohrer USWEST will provide service to your planned / proposed development, Bohrer P.U.D. , located at section 19, township 3n, Range 68W, Weld County, state of Colorado. Provisioning the service will be in accordance with tariffs on file at the Colorado Public Utilities Commission. If there are any further questions, or if I can provide any assistance, please contact me on 970-224-7550. Sincerely, 12 1 Carole A. Veysey Land Development Engineer fTER SUPPLY INFORMATION St3/41MARY Section 30.28.133,(d), C.R.S. requires that the applicant submit to the County'Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED pvilQpt Poll 5 - (i7( 2. LAND USE ACTION ) J 3. NAME OF EXISTING PARCEL AS RECORDED /t ,Omit Qumieg , �� ep (. T, js 'c SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE✓1/Q 1.07'L 5. NUMBER OF LOTS PROPOSED 6 PLAT MAP ENCLOSED DYES B. PARCEL HISTORY • Please attach copies of deeds, plats or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? 0 YES NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES NO If yes, describe the previous action 7. LOCATION OF PARCEL • Include a map deliniating the project area and tie to a section corner. S 'Tf, OF NV 114 SECTION // TOWNSHIP /3NptN ❑ S RANGE le D 0 E W PRINCIPAL MERIDIAN: ,6TH 0 N.M. 0 UTE 0 COSTILLA 8. PLAT • Location of all wells on property must be plotted and permit numbers provided. /U© ale+ e—€4 Surveyors plat Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS • Gallons per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE 0 EXISTING 0 DEVELOPED 0 NEW WELLS - WELLS SPRING PROPOSED Am)euts•WRECK aeu • HOUSEHOLD USE p 19 of units /L GPO AF WELL PERMIT NUMBERS o ALLUVIAL 0 UPPER ARAPAHO( ❑UPPER oAwsae 0 w as AaerutoK COMMERCIAL USE t O of S.F. GPO AF O LOWER DAMN O utuua HILLS ❑DRIVER ❑wKmA �Q ❑ormx IRRIGATION )/7/of acres GPD AF STOCK WATERING k of head GPO AF 0 MUNICIPAL $ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER GPO AF 0 COMPANY - ❑ DISTRICT TOTAL eo GPD-•-;: /7,1 NAME LN65 PeA • i> a 'Qcni kaliland Mkt. l-O, SEER OF COMMITMENTYES0 FOR fa, W SERVICE Y+ YES NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES $NO IF YES, PLEASE FORWARD WITH THIS FORM. (The may ere required baton our review is completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM ,SEPTIC TANKILEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME ❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM (Attach a copy if enginewinq design' 0 OTHER r U LONGS PEAK WATER DISTRICT 9875 Vermillion Road • Longmont, CO 80501 • (303) 776-3847 office • (303) 776-0198 fax December 15, 1998 vveid County naming Dept Mr. Kenneth W. Knox Assistant State Engineer DEC 2 c3 1998 Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO. 80203 RE: Rohrer P.U.D., S-476 Dear Mr. Knox: Mr. Kermit Bohrer provided me with a copy of a letter he received from you wherein you requested information relative to our ability to provide service to the development without injury to existing water rights. I will attempt herein to explain our requirements for service to developments of this nature. 1. We require that all new development provide a sufficient amount of raw water to satisfy the needs of the development, be it residential or commercial in nature. In the case of a residential development, we require one acre foot of water per residential unit. 2. The only water rights that are acceptable to the District are Colorado-Big Thompson Project Water Units. Mr. Bohrer has transferred five units of C-BT Water. A copy of the allotment contract is enclosed for your information. 3. Our primary treatment facilities are located at Carter Lake immediately below Dam #1. Those facilities draw water from The St. Vrain Supply Canal immediately out of Carter Lake which necessitates our requirement and use of C-BT water since no other water is available to Carter Lake or the treatment facilities. 4. We currently own 1041 Units of C-BT Water. Those units are used to provide service to 845 rural residential units. Avg. annual yield for these units is approximately 730 a.f. 5. In addition we own the following water rights: Four units Supply Ditch Water- avg. annual yield = 48 a.f. One share of Highland Ditch Water - avg. annual yield = '4 a.f. 2/3 share of Rough & Ready Ditch Water - avg. annual yield= 40 a.f. Y. share Pleasant Valley Reservoir- avg. annual yield = 18.5 a.f. Longs Peak Reservoir#1 - avg. annual yield = 51 al Longs Peak Reservoir#2 - avg. annual yield = 169 a.f. TOTAL AVG. ANNUAL YIELD FOR ABOVE 350.5 a.f. Mr. Kenneth W. Knox Page 2 December 15, 1998 These water rights are available to us for use in other treatment facilities. They are primarily used for supplemental supply during peak periods. 6. The District does not maintain a supply of uncommitted water for future development. ALL developments must agree to provide the necessary water rights as a condition of commitment for service. 7. Our present average annual demand is approximately 615 a.f., with a historic high demand of 645 a.f. I have also enclosed a copy of a"Revised Commitment for Service" letter which was provided to Mr. Bohrer in June of 1998. You will note that the commitment expires December 18, 1998 if the taps have not been purchased by that date. With the transfer of C-BT units (approved by the Northern Colorado Water Conservancy District Board of Directors on November 13, 1998) the purchase for said taps has been initiated and therefore we are fully committed to provide service. I hope that I have answered any questions you may have had regarding this matter. Should you need additional information, please contact me. Best regards, \ / Ba yke C) Gen nager Enclosures (2) Cc: Mr. Kermit Bohrer Mr. Eric Jerman, Weld County Planning Application To MARCH IMP NORTHERN COLORADO WATER CONSERVANCY DISTRICT For WATER ALLOTMENT CONTRACT (Corporate Form) Applicant, Longs Peak Water District a Special District , organized in the State of Colorado (cdo i,com iny. St SIC.) and authorized to do business in the State of Colorado, hereby applies to Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado,organized and existing by virtue of Article 45,Title 37,Colorado Revised Statutes, 1973 for an allotment contract for beneficial use of water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to a beneficial use is 5 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water allotted by the Board of Directors of said District shall be for domestic,irrigation, or industrial use within or through facilities or upon lands owned, operated, or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the allotment(whether water service is provided by direct delivery, by exchange, or otherwise)shall be situated within the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one-three-hundred-ten thousandth(1/310,000)of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District.Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually for the amount of water herein allotted by the Board of Directors of said District for use within such class of water service as said Board may annually determine to be applicable and at a price per acre-foot to be fixed annually by said Board;and,further, agrees that the Initial annual payment shall be made,in full,within fifteen(15)days after the date of a notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shalt apply and the price per acre-foot which Is applicable to that year.Annual payments for each year thereafter shall be made by the Applicant on or before each March 1. If an annual payment, as herein provided, is not made by due date, written notice thereof will be given by said District to the Applicant at the following designated address: 9875 Vermillion Road, Longmont, CO 80501 If payment Is not made within ten (10)days after the date of said written notice, Applicant shall have no further right, title, or interest under this contract;and the allotment of water,as herein made,shall be transferred,leased,or otherwise disposed of at the discretion of the Board of Direc- tors of said District. 5. As security to the District, the Applicant agrees that the foregoing covenant of annual payments in advance of water delivery will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to said Applicant. 6. Applicant agrees that the water allotment shall be beneficially used for the purposes and in the manner specified herein,and that this agree- ment is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors,assigns,or lessees of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be'bound by the provisions of the Water Conservancy Act of Colorado; by the Rules and Regulations of the Board of Directors of said District;and by the repayment contract of July 5, 1938,between said District and the United States and all amendments thereof and Weld County Planning Dept. DEC 1. 7 1998 LONGS PEAK WATER DISTRICT RECEIVED 9875 Vermillion Road • Longmont, CO 80501 • (303) 776-3847 office • (303) 776-0198 fax December 15, 1998 Mr. Kenneth W. Knox Assistant State Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO. 80203 RE: Bohrer P.U.D., S-476 Dear Mr. Knox: Mr. Kermit Bohrer provided me with a copy of a letter he received from you wherein you requested information relative to our ability to provide service to the development without injury to existing water rights. I will attempt herein to explain our requirements for service to developments of this nature. 1. We require that all new development provide a sufficient amount of raw water to satisfy the needs of the development, be it residential or commercial in nature. In the case of a residential development, we require one acre foot of water per residential unit. 2. The only water rights that are acceptable to the District are Colorado-Big Thompson Project Water Units. Mr. Bohrer has transferred five units of C-BT Water. A copy of the allotment contract is enclosed for your information. 3. Our primary treatment facilities are located at Carter Lake immediately below Dam #1. Those facilities draw water from The St. Vrain Supply Canal immediately out of Carter Lake which necessitates our requirement and use of C-BT water since no other water is available to Carter Lake or the treatment facilities. 4. We currently own 1041 Units of C-BT Water. Those units are used to provide service to 845 rural residential units. Avg. annual yield for these units is approximately 730 a.f. 5. In addition we own the following water rights: Four units Supply Ditch Water- avg. annual yield = 48 a.f. One share of Highland Ditch Water- avg. annual yield= 24 a.f. 2/3 share of Rough&Ready Ditch Water- avg. annual yield = 40 a.f. '/2 share Pleasant Valley Reservoir- avg. annual yield = 18.5 a.f. Longs Peak Reservoir#1 - avg. annual yield = 51 al Longs Peak Reservoir#2 - avg. annual yield = 169 a.f. TOTAL AVG. ANNUAL YIELD FOR ABOVE 350.5 a.f. i i (:I , Application To MARCH 1957 NORTHERN COLORADO WATER CONSERVANCY DISTRICT For WATER ALLOTMENT CONTRACT (Corporate Form) Applicant, Longs Peak Water District a Special District , organized in the State of Colorado (corporation,company,agency,Mc.) and authorized to do business in the State of Colorado, hereby applies to Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado,organized and existing by virtue of Article 45,Title 37,Colorado Revised Statutes, 1973 for an allotment contract for beneficial use of water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to a beneficial use is 5 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water allotted by the Board of Directors of said District shall be for domestic,irrigation, or industrial use within or through facilities or upon lands owned,operated, or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the allotment(whether water service is provided by direct delivery, by exchange, or otherwise)shall be situated within the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one-three-hundred-ten thousandth (1/310,000)of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District.Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year,any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually for the amount of water herein allotted by the Board of Directors of said District for use within such class of water service as said Board may annually determine to be applicable and at a price per acre-foot to be fixed annually by said Board; and,further, agrees that the initial annual payment shall be made,in full,within fifteen(15)days after the date of a notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each year thereafter shall be made by the Applicant on or before each March 1. If an annual payment, as herein provided, is not made by due date, written notice thereof will be given by said District to the Applicant at the following designated address: 9875 Vermillion Road, Longmont, CO 80501 If payment is not made within ten(10)days after the date of said written notice, Applicant shall have no further right, title, or interest under this contract;and the allotment of water,as herein made,shall be transferred,leased,or otherwise disposed of at the discretion of the Board of Direc- tors of said District. 5. As security to the District, the Applicant agrees that the foregoing covenant of annual payments in advance of water delivery will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to said Applicant. 8. Applicant agrees that the water allotment shall be beneficially used for the purposes and in the manner specified herein,and that this agree- ment is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors,assigns,or lessees of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by the Rules and Regulations of the Board of Directors of said District;and by the repayment contract of July 5, 1938,between said District and the United States and all amendments thereof and .,mnlemanle,herein MEMORANDUM Weld County Planning Dept. DATE: December 15, 1998 DEC 18 1998 TO: Kermit Bohrer RECEIVED FROM: Scott Toillion, Planning Specialist RE: Cash-in-lieu agreement - Bohrer PUD Enclosed is the standard agreement for Weld County developments that stipulates the cash-in-lieu requirements. This development would be required to pay the $427 fee per unit prior to the issuance of a building permit. The note to be placed on the plat is as follows: "No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". Please provide a legal description that can be attached as Exhibit A and sign the attached copies. Please also verify that the Developer name in the agreement is correct. Once this is accomplished along with the placement of the note on the plat all District concerns will be satisfied. Thank you for your cooperation on this project. Please let me know any questions you may have. cc: Bob Moderhak, Assistant Superintendent for Auxiliary services Eric Jerman, Weld County Planning Department AGREEMENT THIS AGREEMENT is made and entered into as of the day of ,199_, by and between the St. Vrain Valley School District RE-1J ("School District") and Kermit Bohrer("Developer"). WHEREAS, the Developer is the owner of real property located within the School District boundaries, with the legal description described on Exhibit A, known as the Bohrer Planned Unit Development, and desires to develop the property into 5 lots for residential dwelling units (the property and development are hereinafter collectively referred to as the "Project"); and WHEREAS, the Developer acknowledges that the Project will have an Impact upon the School District due to the predictable increase in the number of school age children who will reside in the Project and be attending school within the high school feeder attendance boundaries serving the Project and due to the consequential increase to the School District in the cost of providing and maintaining adequate educational facilities to serve the future residents of the Project; and WHEREAS, the Developer desires to mitigate a portion of such costs by either dedicating land or paying an amount of cash in lieu of land dedication ("In-Lieu Fee") for school purposes which would be reasonably necessary to serve the Project and the future residents thereof, as provided herein; and WHEREAS, the School District in reliance upon the Developer's obligations hereunder is willing to forebear from recommending against approval of the Project on the basis of inadequacy of school sites. THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this Agreement, the parties agree as follows: 1. purpose and Intent It is recognized that the Project will create an additional need for new schools or the expansion of existing schools in order to adequately provide for the educational needs of elementary, middle school, and senior high school students who are expected to reside in the Project in the future. The purpose of this Agreement is to provide for the payment of In-Lieu Fees prior to or at the time of the issuance of the building permits. 2. dletermination of I and Dedication or In-Lieu Fee Reauirements The parties acknowledge that it is reasonable to determine the expected demand the Project will have on the need for school sites and, therefore, the amount of In-Lieu Fees, by the method provided in this Agreement. 2.1 School flistrirt Planning Standards The School District's planning standards, as of the date of this Agreement, related to: (I) student yields for each school age level for single-family dwelling units; (ii); facility enrollment capacities, and (iii) school site acreage requirements (collectively referred to as the "School Planning Standards"), are set forth on Exhibit B, attached to and incorporated into this Agreement. Exhibit B illustrates how the School Planning Standards would be applied to this project for 5 new single-family lots to determine the land dedication or In-Lieu Fee requirements, based upon the fair market value of land. The Developer and the School District agree that these School Planning Standards, land dedication requirements and the fair market value of the land identified on Exhibit B are reasonable and shall apply to the Project as currently submitted to the School District. In the event of future revisions of the Project, including, without limitation, final or future platting within the Project different from or beyond those currently being submitted for approval, the School District, as its option, may require that its then current School Planning Standards and land values be applied to such areas. If such adjustments result in additional land dedication requirements or In-Lieu Fees for the Project, they shall be modified and conveyed or paid as provided below in section 3. 2.2 Land Dedication or In-Lieu Fee Prior to or at the time the Developer submits any proposed development plans (including any revisions to previously approved plans) for the Project to the Page-1 of 5-12/15/98 relevant local governmental entity that has planning jurisdiction over the Project, the Developer will meet with the Superintendent of the School District or a designee for the purpose of determining whether the School District desires the dedication of any land for schools within the Project,consistent with the School Planning Standards. In the event the dedication of sites or land areas is not deemed feasible or in the best interests of the School District, as determined by the Superintendent or designee, the School District may require that the developer pay to the School District an In-Lieu Fee per the planning standards indicated in Section 2.1 and Exhibit B. For the 5 units proposed In the current development plan the In- Lieu Fee requirement will be applied and not a land dedication requirement. 2.3 Comoutation of In-I inn Fans The In-Lieu Fee shall be computed as indicated in Section 2.1 and Exhibit B. In the event the governmental entity with jurisdiction over this property has adopted a land dedication/cash-in-lieu ordinance, the In-Lieu Fee shall be computed using the then- current land valuation applied by the governmental entity with jurisdiction over this property as of the time the In-Lieu Fee is paid. 3. Time of Payment. The time for payment of the In-Lieu Fee, as required under this Agreement, shall be determined as follows: In-Lieu Fees shall be paid prior to or at the time of the issuance of residential building permits for the Project based upon the applicable School Planning Standards and land value as determined in Section 2.1 and Exhibit B. The fees shall be made payable to the St. Vrain Valley School District RE-1J at the District Offices located at 395 South Pratt Parkway, Longmont, Colorado 80501-6499. 4. Aoolicatlon of Funds The School District agrees that any amounts received under this Agreement from the Developer will be used for capital facilities planning, site acquisition and development or school facility capital outlay purposes within the senior high school feeder attendance area boundaries that include the Project. The time for and nature, method, and extent of such planning or construction shall be within the sole discretion of the School District. 5. Separate Obligations. The Developer acknowledges and agrees that the provisions of this Agreement are separate and distinct from and in addition to other requirements set forth or imposed by any local governmental entity with planning jurisdiction over the Project. 6. Term, This Agreement will be effective as of the date set forth above and shall remain in effect through December 31, 2015, unless terminated earlier by the written agreement of the parties. 7. Successors and Assigns Bound, This Agreement and each term, provision, covenant, restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and inure to the benefit of, all successors, transferees, trustees, grantees, owners, and assigns of any rights, title,or interest in any portion, residential lots,or parcels of the Project. 8. Fntiraty of Agreement. This Agreement is the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior to contemporaneous agreements, understandings, terms, conditions, representations, and discussions, whether oral or written, which may have been made by the parties, or their representatives, concerning the matters set forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have not made any promise, representation,or warranty whatsoever,whether express or Implied,written or oral, not contained herein, concerning the subject matter hereof,to induce the execution of this document. 9. Assignment. The Developer may assign any of its rights or obligations under this Agreement to any subsequent owner of all or any portion of the Project or any right, title, or interest therein in accordance with this section. Upon any assignment hereof,the assignee shall become liable for the payments provided for herein and for the performance of all other agreements, terms, conditions, and covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with Page-2 of 5-12/15/98 en respect to that portion of the Project. No assignment shall be effective to release the assignor from liability hereunder unless the assignee of this Agreement assumes and undertakes In writing to keep, observe, and perform all of the agreements, terms, conditions, and covenants contained herein and provides a verified copy of such assumption and assignment to the School District. Under any such assignment in accordance with this section, the assignor shall be released from liability under this Agreement to the extent of that portion of or interest in the Project assigned. 10. Attorneys' Fees and Costs Each party shall bear its own attorneys' fees and costs incurred In the negotiation of this Agreement. 11. Amendment or Waiver, No charge, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in writing signed by the parties hereto. 12. partial Invalidity, If any of the terms, provisions, covenants, restrictions, or conditions of this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid, unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions, covenants, restrictions,or conditions shall be affected thereby and shall remain in full force and effect. 13. Venue and Applicable I aw Any action arising out of the provisions of this Agreement shall be brought in the Weld County District Court and the construction and effect of the terms and agreements contained herein shall be governed by the laws of the State of Colorado. 14. Fniorcement 14.1 Restrictive Covenant to Run with the Land This payment of any In-Lieu Fee required under this Agreement shall be a precondition to the issuance of a building permit for any residential development on any portion of the Project. This obligation shall constitute a restrictive covenant that runs with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right, title, or interest in all or any portion of the Project. A plat note shall be added which identifies the following: "No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". 14.2 1 ien and Foreclosure Any payments required under this Agreement shall be a continuing lien upon the Project. If not paid as required hereunder,the School District may bring an action at law or in equity against the Developer, its successors, and assigns or may foreclose the lien against the Project subject to the obligation. 14.3 Fnfornament Fees and Costs Time is of the essence of this Agreement. If any payment is not made as required herein, the School District may commence an action for legal and equitable remedies without further notice or demand. In the event it becomes necessary for either party to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose any lien created hereunder, the substantially prevailing party in any such enforcement proceeding shall be entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys'fees and costs. 15. Recording of Agreement A copy of this Agreement may be recorded in the offices of the County Clerk and Recorder of the County where the property is situated. Page-3 of 5-12/15/98 ra•N 16. Notices Any notice required or permitted by this Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such delivery or service. If given by mall, notice shah be effective three days after it has been deposited In the United States mall depository, certified with return receipt requested, with sufficient postage for delivery, and, unless a new address is designated in writing hereafter, addressed as follows: St. Vrain Valley School District RE-1J Attention: Superintendent 395 South Pratt Parkway Longmont, Colorado 80501-6499 Kermit Bohrer 14761 Weld County Road 3 Longmont, CO 80504 17. Authority The person signing on behalf of the Developer represents that he or she is authorized to act on behalf of the Developer for purposes of executing this Agreement, and that Developer is in good standing, and is authorized to do business, in Colorado. 18. Severability Each provision of this Agreement shall be severable. If any provision 1s held invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction, remainder of this Agreement shall remain in effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. SCHOOL DISTRICT: ST.VRAIN VALLEY SCHOOL DISTRICT RE-1J By: Assistant Superintendent for Auxiliary Services STATE OF COLORADO ) ) SS COUNTY OF BOULDER ) The foregoing was subscribed and sworn to before me this day of 199_, by Robert Moderhak as Assistant Superintendent for Auxiliary Services for the St. Vrain Valley School District RE-1J. Witness my hand and official seal. My Commission Expires: Notary Public Page-4 of 5-12/15/98 DEVELOPER: By: Kermit Bohrer STATE OF COLORADO ) SS COUNTY OF WELD The foregoing was subscribed and sworn to before me this day of 199_,by Kermit Bohrer. Witness my hand and official seal. My Commission Expires: Notary Public Page-5 of 5-12/15/98 rats, 0 0. a 0 0 m O c O 0 2 m L C N N � � E � a v o O o 0 0 0 o O O CW r r —I > in In ' N N N N fA EA E9 SA C .r •t O o V 7 CO N CO y c a 0 0 0 0 a c 0 0 0 0 0 U C EL O y c Q C 000II ILa m 7 N v o in o I O C ' 0 a Ca V) a r N V O J C 8CD 0 — y C O 0 �0p u� O O ca O C N in a c 0 Ii 'a ^ r O. y v - O V 0 yy • l •[) ^ ^ T to M .c 9 le , 00 t0 U 0 O c ° O O Cr7 (O in d 0 0 a 0 Z v Co A E 2 > o E ea m 0 L m U. 0 N 0 m 0 • C N m Q C7 N w M 2 1- in CO co .-• a) a n L x W N St. Vrain Valley Scho:District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 November 16, 1998 Eric Jerman Weld County Department of Planning Services Weld County Punning Dept. 1400 N. 17th Ave. Greeley, Co 80631 Nov 191998 RE: Kermit Bohrer PUD Final Plan aye C i(=I'1 ED Dear Eric: C G Thank you for referring the Kermit Bohrer PUD Final Plan to the School District. The projected student impact upon the St. Vrain Valley School District of 5 new single-family units on 36 acres is a total of 4 students. Any students living in this subdivision would attend Mead Elementary School, Mead Middle School, and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would be required. THIS PROPOSED DEVELOP 1995-98 DEVELOPMENT PROPOSALS' Building Oct. 99 Student Projected Over Total ir: of Total Cum. Over Cap W/ Capacity Enrollmen Impact Enrollment Cap, Pro). Stdnta•, Enrollmen% 95-98 Day, Elementary 456 631 2 633 Yoe 2857 3490 Yea (-3094) Middle 349 338 1 339 No 1271 1 81 0 Yea (-1261) High 1299 1273 1 1274 No 1839 2919 Yea (-1814) 4 5787 (SEATS AVAIL.) • Based on projected *Wane yields In thus school eUosndancs erns from ell proposed developments (1888-1888) The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this development does not impact the middle and senior high schools capacity, the elementary is already over capacity. In addition, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these schools. As the volume of developments Increases in the Mead Elementary area with no alleviation of the existing overcrowded conditions, the ability to provide the same quality education for these new students that is provided students In other areas becomes Increasingly difficult. Therefore, the District would oppose this development because it adds to the enrollment of an already overcrowded school. Should this proposal be considered for approval, the District would request the cooperation and participation of the developer and County in implementing a separate agreement to help mitigate the impacts on the schools. This agreement would include the calculation of an appropriate cash in-lieu of land dedication fee to address the capacity concerns at these schools (per the attached chart). Please let me know if you have any further questions. Sincerely, ott Toillion, AICP Planning Specialist "Excellence - Our Only Onion" — T J s 7 V %CD CO p v; - x 3 m CAm 0 m g l l 2 N CT Cr M Q € a' Ca '�O W O O o O 71 O Cy at Co .+ '+ V W ? a N V A W . W V 0aw N V i Cf C - O N N - o ,2 yN .. 3 A N - n jill it A al o 30 o 0 0 0 a g Es CO CO N co O a 7 N(SiC N CNII i C Ii o o J • O o o 0 0 O -U N gig A s J co V A ~ 6 1 I g r-, /1 AGREEMENT 4 THIS AGREEMENT is made and entered into as of the day of ,199_, by and between the St. Mrain Valley School District RE-1J ("School District) and Kermit Bohrer("Developer). WHEREAS, the Developer is the owner of real property located within the School District boundaries, with the legal description described on Exhibit A, known as the Bohrer Planned Unit Development, and desires to develop the property into 5 lots for residential dwelling units (the property and developmentjare hereinafter collectively referred to as the "Project'); and WHEREAS, the Developer acknowledges that the Project will have an impact upon the School District due to the predictable increase in the number of school age children who will reside in the Project and be attending school within the high school feeder attendance boundaries serving the Project and due to the consequential increase to the School District in the cost of providing and maintaining adequate educational tacilities to serve the future residents of the Project; and WHEREAS, the Developer desires to mitigate a portion of such costs by either dedicating land or paying an amount of cash in lieu of land dedication ("In-Lieu Fee") for school purposes which would be reasonably necessary to serve the Project land the future residents thereof, as provided herein;and WHEREAS, the School District in reliance upon the Developer's obligations hereunder is willing to forebear from recommending against approval of the Project on the basis of inadequacy of school sites. THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this Agreement, the parties agree as follows: 1 . Purpose and Intent. It is recognized that the Project will create an additional need for new schools or the expansion of existing schools in order to adequately provide for the educational needs of elementary, middle school, and senior high school students who are expected to reside in the Project in the future. The purpose of this Agreement'is to provide for the payment of In-Lieu Fees prior to or at the time of the issuance of the building permits'. 2. Determination of I anrt Dedication or In-Lieu Fee Requirements_ The parties acknowledge that it is reasonable to determine the expected demand the Project will have on the need for school sites and, therefore, the amount of In-Lieu Fees, by the method provided in this Agreement. 2.1 'School District Planning Standards, The School District's planning standards, as of the date of this Agreement, related to:, (i) btudent yields for each school age level for single-family dwelling units; (ii); facility enrollment capacities, and (iii) school site acreage requirements (collectively referred to as the "School Planning Standards"), are set forth on Exhibit B, attached to and incorporated into this Agreement. Exhibit B illustrates how the School Planning Standards would be applied to this • project for 5 new single-family lots to determine the land dedicatioln or In-Lieu Fee requirements, based upon the fair market value of land. The Developer and the School District agree that these School Planning Standards, land dedication requirements and the fair market value of the land identified on Exhibit B are reasonable and shall apply to the Project as currently submitted to the School District. In the event of future revisions of the Project, including, without limitation, final or future platting within the Project different from or beyond those currently being submitted for approval, the School District, as its option, may require that its then current School Planning Standards and land values be applied to such areas. If such adjustments result in additional land dedication requirements or In-Lieu Fees for the Project, they shall be modified and conveyed or paid as provided below in section 3. • 2.2 I and Dedication or In-Lieu Fee. Prior to or at the time the Developer submits any proposed development plans (including any.revisions to previously approved plans) for the Project to the Page • l of 5 . 12/15/98 n n • relevant local governmental entity that has planning jurisdiction over the Project, the Developer will meet with the Superintendent of the School District or a designee for the pugbose of determining whether thie School District desires the dedication of any land for schools within the Project, consistent with the Sch000pl Planning Standards. In the event the dedication of sites or land areas;is not deemed feasible or in the best interests of the School District, as determined by the Superintendent or designee, the School District may require that the developer pay to the School District an In-Lieu Fee per the planning standards indicated in Section 2.1 and Exhibit B. For the 5 units proposed in the current development plan the In- Lieu Fee requirement will be applied and not a land dedication requirement. 2.3 Computation of In-Lieu Fees The In-Lieu Fee shall be computed as indicated in Section 2.1 and Exhibit B. In the event the governmental entity with jurisdiction over this property has adopted a land dedication/cash-in-lieu ordinance, the In-Lieu Fee shall be computed using the then- current land valuation applied by the govemmental entity with jurisdiction over this property as of the time the In-Lieu Fee is paid. 3. Time of Payment The time for payment of the In-Lieu Fee, as required under this 'Agreement, shall be determined as follows: In-Lieu Fees shall be paid prior to or at the time of the issuance of residential building permits for the Project based upon the applicable School Planning 'Standards and land value as determined in Section 2.1 and Exhibit B. The fees shall be made payable to :the St. Vrain Valley School District RE-1J at the District Offices located at 395 South Pratt Parkway, Longmont, Colorado 80501-6499. • 4. Application of Funds The School District agrees that any amounts received under this Agreement from the Developer will be used for capital facilities planning, site acquisition and development or school facility capital outlay purposes within the senior high school feeder attendance area boundaries that include the Project. The time for and nature, method, and extent of such planning or construction shall be within the sole discretion of the School District. 5. Senarate Obli4etions. The Developer acknowledges and agrees that the provisions of this Agreement are separate and distinct from and in addition to other requirements set forth or imposed by any local governmental entity with planning jurisdiction over the Project. 6. Terr✓, This Agreement will be effective as of the date set forth above and shall remain in effect through December 31, 2015, unless terminated earlier by the written agreement of the parties. 7. Siud'essors and Assions Bound This Agreement and each term, provision, covenant, • restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and inure to the benefit of, all successors, transferees, trustees, grantees, owners, and assigns of any rights, title, or interest in any portion, residential lots, or parcels of the Project. • 8. Fntirpty of Agreement This Agreement is the entire agreement and understanding • between the parties concerning the subject matter hereof and supersedes all prior to contemporaneous agreements, understandings, terms, conditions, representations, and discussions, whether oral or written, which may have been made by the parties, or their representatives, concerning the matters set forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have not made any promise, representation, or warranty whatsoever,whether express or implied, written or oral, not contained herein, concerning the subject matter hereof, to induce the execution of this document. 9. Assicnment. The Developer may assign any of its rights or obligations under this Agreement to any subsequent owner of all or any portion of the Project or any right, title, or interest therein in accordance with this section. Upon any assignment hereof, the assignee shall become liable for the payments provided for herein and for the performance of all other agreements, terms, conditions, and covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with Page -2 of 5 - 12/15/98 respect to that portion of the Project. No assignment shall be effective to release the assignor from liability hereunder unless the assignee of this Agreement assumes and undertakes in writing to keep, observe, and perform all of the agreements, terms, conditions, and covenants contained herein and provides a verified copy of such assumption and assignment to the School District. Under any such assignment in accordance with this section, the assignor shall be released from liability under this Agreement to the extent of that portion of or interest in the Project assigned. 10. Attorneys' Fees and Costs Each party shall bear its own attorneys' fees and costs incurred in the negotiation of this Agreement. 11. Amendment or Waiver No charge, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in writing signed by the parties hereto. :12. Partial Invalidity If any of the terms, provisions, covenants, restrictions, or conditions of this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid, unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions, covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect. 13. Venue and Applicable Law Any action arising out of the provisions of this Agreement shall be brought in the Weld County District Court and the construction and effect of the terms and agreements contained herein shall be governed by the laws of the State of Colorado. 14. Enforcement 14.1 pestrictive Covenant to Run with the I and This payment of any In-Lieu Fee required under this Agreement shall be a precondition to the issuance of a building permit for any residential development on any portion of the Project. This obligation shall constitute a restrictive covenant that runs with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right, title, or interest in all or any portion of the Project. Alplat note shall be added which identifies the following: "No building permit shall be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". 14.2 I ien and Foreclosure Any payments required under this Agreement shall be a continuing lien upon the Project. If not paid as required hereunder, the School bistrict may bring an action at law or in equity against the Developer, its successors, and assigns or may foreclose the lien against the Project subject to the obligation. 14.3 Fnforrement Fees and Costs Time is of the essence of this Agreement) If any payment is not made as required herein, the School District may commence an action for legal and equitable remedies without further notice or demand. In the event it becomes necessary for either party to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose any lien created hereunder, the substantially prevailing party in any such enforcement proceeding shall be entitled to collect from the other party or add to any foreclosure amount due, its reasonable attorneys'fees and costs. 15. Recording of Agreemen A copy of this Agreement may be recorded in the offices of the County Clerk and Recorder of the County where the property is situated. Page- of 5 - 1 211 5/98 16. Notices Any notice required or permitted by this Agreement shall be in writing. If such notice is hand delivered or personally served4 it shall be effective immediately upon such delivery or I service. If given by mail, notice shall be effective three days after it has been deposited in the United States mail depository, certified with return redeipt requested, with sufficient postage for delivery, and, unless a new address is designated in writing he'reafter, addressed as follows: St. Vrain Valley School District RE-1J Attention: Superintendent 395 South Pratt Parkway i Longmont, Colorado 80501-6499 Kermit Bohrer 14761 Weld County Road 3 Longmont, CO 80504 17. Authority The person signing on behalf of the Developer represents that he or she is authorized to act on behalf of the Developer for purposes of executing this Agreement, and that • - Developer is in good standing, and is authorized to do business, in Colorado. 18. Severability Each provision of this Agreement shall be severable. If any provision is held invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction, remainder of this Agreement shall remain in effect. • IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. SCHOOL DISTRICT: ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J By: Assistant Superintendent for Auxiliary Services STATE OF COLORADO ) ) SS COUNTY OF BOULDER ) ; The foregoing was subscribed and sworn to before me this i day of 199_, by Robert Moderhak as Assistant Superintendent for Auxiliary Services for the St. Vrain Valley School District RE-IJ. Witness my hand and official seal. My Commission Expires: Notary Public • Page-4 of 5 - 12/15/98 r"" • . • • n 111111111111 Ill111 Jill IIlllI 111111111 III 11111 IIII Ili! 2900403 03/00/1990 02: Meld County CO f I 2 of 2 R 11.00 0 0.00 JA Suitt Tsukamota EXHIBIT A An unjdivided 9/laths interest in and to the following: . The South } of the Northwest * of Section 19, Township 3 North, Range 68 West of the 6th P.M. , TOGETHER WITH easement for ingress and egress over and across the South 12 feet of the South } of the Northwest < of said Section 19, located West of the West bank of the existing North-South drainage ditch; EXCEPTING THEREFROM a tract of land conveyed by deed recorded February 4, 1959 in Book '1524 at Page 2, being more particularly described as follows: That portion of the Si of the NW& of Section 19, Township 3 North, Range 68 West of the 6th P.M. , located East • of the West bank of the existing North-South drainage ditch, and more fully described as follows: BEGINNING at a point on the South line of the NWI of said Section 19 from which point the West Quarter corner of Section 19 bears South 89°16' West, 671.5 feet; thence North 89°16' East along the South line of said NW}, 1928.5 feet; thence North 0°6' East, 1323.8 feet along the East line of said NW1 to the Northwest corner of the Si of said NW}; thence South 89°11 ' West L283.4 feet along the North line of the Si of said NW;; thence South 30°02' East 323.6 feet; thence South 23°52' West 96.6 feet; thence South 3°39' East 317.6 feet; thence South 21°44' West 40 feet; thence South 50°18' West 93.2 feet; thence South 62°42' West 84.4 feet; thence South 76°54' West 313.8 feet; thence South 39°49' West 324.4 feet; thence South 31°34' West 221.3 feet, more or less, to the POINT OF BEGINNING, and The South 12 feet of the Si of the NW4 of said xtadiciat mtaxxxxxxodcxax section 19, located West of the West bank of the existing North-South drainage :ditch, also known as 14500 Weld County Road Ill, x.xatlxxttatcnrFnxana ocxxxkx-nairxrsxitecxAhexx mncoat9encc Longmont, Colorado 80501 , , • _ DEVELOP R: ,•\\\Y11Y1Hlblf) i t'�i, Ke it Bohrer ;.P7A.TeiiWej'Ol3QA$DO ) 1 rr:.feaze 1 ) SS 4,,-/r -•:7f1c,100..going was subscribed and sworn to before me this 1)4 day,of 1 9$Bfl ILKitt4t"Bohrer. Witness my hand and official seal. My Commission ires: IO,.J11J Notary Public I • Page-5af5- 12/15/98 .-R tic Northwest Va Sect ha .6 of the 6th PM. COVE a friA) NS 1. DECLARANT. '1 t % - M . - ants, Conditions & Restrictions is her 2. RECITALS. n WHEREAS, Decla ( 6(' e County of Weld, State of Colorado, a 1, 2, 3, 4, and 5, a map of which is r r / ' - �_ ,,...,F or me Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, and 5 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, title or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants"shall mean and refer to Kermit Bohrer, his successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation, and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2,Wek1County Planning Dept. JAN 1 21999 Page 1 of 11 HECEJY. P 9 • NorthwestV4 Section 19 Township 3 North Range 68 West of the 6th PM. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1. DECLARANT. The declarant in this Declaration of Covenants, Conditions & Restrictions is hereinafter referred to as "Declarant." 2. RECITALS. WHEREAS, Declarant is the Owner of certain property in the County of Weld, State of Colorado, which is more particularly described as Lots 1, 2, 3, 4, and 5, a map of which is recorded in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a.general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, and 5 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, title or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants" shall mean and refer to Kermit Bohrer, his successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation, and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2, 3, 4, and 5. Page 1 of 11 3.4. "Lot" shall mean and refer to any plot of land identified as such and shown upon the recorded map of the Properties, being Lots 1, 2, 3, 4, and 5 . 4. COVENANTS, CONDITIONS AND RESTRICTIONS. The covenants, conditions and restrictions contained herein shall apply to the development and shall be covenants running with the land, shall be binding on all parties and on all persons claiming under them for a period of 25 years from the date this Declaration of Covenants, Conditions and Restrictions is recorded, after which time said Declaration shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Properties has been recorded agreeing to change said Declaration in whole or in part. 5. RESIDENTIAL AREA COVENANTS, CONDITIONS AND RESTRICTIONS. The following covenants, conditions and restrictions are applicable to each Lot: 5.1. Land Use. The Lots, nor any part thereof, shall not be occupied or used for any purpose other than private single-family residences..No room or rooms in any residence or parts thereof may be rentedhor leased.and no paying guests shall be quartered in any residence. Nothing contained in this section shall be construed as preventing the renting or leasingrof an entire residence as a single unit to a single family. No business or profession of any nature which results in non-resident vehicular or pedestrian traffic to and from the Lots shall be conducted on any Lot or in any residence construed thereon, with the exception of agricultural-related business. 5.2. Building Type. No structures shall be erected, placed, altered or permitted to remain on any part of the above-described property other than detached single-family dwellings, not to exceed two stories in height, one private garage for each such dwelling for the Owner or Owners of such dwelling for not less than two or more than four vehicles and accessory barns and outbuildings as approved before construction by the Home-Owners Association (HOA). 5.3. Dwelling Cost, Quality, Size and Requirements. Covenants are recorded, it being the intention and purpose of this Covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure devoted to living purposes, exclusive of one-story open porches, roofed or unroofed porches, garages, terraces and basements, shall not be less than 2500 square feet for a one-story dwelling. If a residence of more than one story is constructed, then the main floor of the structure devoted to living purposes shall not have less than 1500 square feet of floor area and the second story shall not have less than 1000 Page 2 of 11 square feet devoted to living space. Roofs covered with asphalt shingles or with material which is metallic in appearance shall be prohibited except where specifically approved by the HOA prior to installation thereof. All construction shall be in compliance with the applicable ordinances and codes of Weld County except where these covenants impose more stringent requirements, in which case these covenants shall govern. All dwellings shall have automatic fire sprinklers installed at time of construction, as required by the Mountain View Fire Protection District, and shall comply to the nationally recognized standards provided by the Mountain View Fire District. 5.4. Buildings, Fences and Walls. No fence or wall shall be constructed on any Lot without the prior written consent of the HOA. The HOA, as a general rule, shall refuse permission for house, outside buildings, boundary fences and walls which would obstruct views of other Lots, but shall, as a general rule, be receptive to granting permission for privacy fences or walls screening patios, outdoor eating areas, and the like, which encompass substantially less than all of a rear, side, or front yard. For purposes of this section, hedges shall be considered to be the same as fences and subject to the same restrictions.(The term "wall" as used in this section shall not include the walls of a house or garage, but rather shall mean walls which are freestanding and intended to enclose or screen areas outside the house or garage.) 5.5. Easements. Ea' ments are as shown on the recorded map of the development. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may endanger or interfere with the installation and maintenance of utilities or ditches, or which may change the direction of flow of drainage.channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.-.The easements 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 utility company is responsible, or those easements granted to all Lot Owners as further stated in this declaration. All Owners shall have reasonable access to carrying ditches and headgates as necessary for irrigation of their parcels. 5.6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the residents of the development. No firearms shall be discharged on the Properties. 5.7. Vehicles. No boats, trailers, campers, motorcycles, farm equipment/machinery, motor bikes or inoperative vehicles shall be parked closer to the street than the minimum building set-back line. No inoperable, unlicensed or junk motor vehicles are allowed. Trailers, boats, motorcycles, farm Page 3 of 11 \ equipment/machinery, motor bikes or any other equipment shall not be kept on any Lot or about the premises except in an enclosed building or area. 5.8. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except during a six-month construction period when a single-wide mobile home shall be allowed. 5.9. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than one square foot identifying the Owners or lessees of the property; one sign of not more than five square feet advertising the property for sale or rent, and signs customarily displayed by builders during the construction period of the dwelling, and such other signs as may be approved by the HOA. 5.10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 5.11. livestock and Poultry. No cattle, sheep, goats, rabbits, poultry or animals of any description or kind shall be allowed with the exception of two horses, household animals such as dogs and cats and they shall not be allowed to make objectionable noises, cause noxious odors, flies, insect pests, pollutant runoff, or otherwise constitute a nuisance, annoyance, or inconvenience to, or disturb the peace of, residents of the development. No dogs shall be allowed to leave the Owner's property unless under the complete control of the Owner. Animal maintenance shall also include the removal of manure in a manner that will prevent nuisance conditions. 5.12. Building Location. Subject to the minimum distances required by Weld County regulations, as from time to time may be amended, every building, structure or other improvements shall be located in accordance with the following-prescribed distances from Lot lines and shall be located within the attached building envelope drawings for each lot: A. Front set back at least 50 feet from Lot line. B. Rear set back at least 50 feet from Lot line. C. Side yard set back at least 50 feet from Lot line. Page 4 of 11 n Roofs, eaves and porches may not overhang or encroach upon any set-back requirement. The HOA may, in its sound discretion, grant variances of these set- back requirements. 5.13. Garbage and Refuse Disposal and Lot Maintenance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so they are visible from any neighboring Lot or street, except as necessary during the period of construction. Each occupied Lot shall at all times be kept clear of excessive weeds and other unsightly growth, and the same shall be forthwith removed from the Lot by the Lot Owner upon demand of the HOA. After a residence has been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be planted to grass or other vegetation or left in native vegetation or covered with decorative materials, and maintained in that condition, so as to prevent the blowing of dust and dirt from the exposed soil. In the event any structure is destroyed,whether wholly or partially, by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the founodations, and all debris, shall be promptly removed from the Property. All types refrigeration, cooling or heating apparatus must be concealed in a manner which has the prior written approval of the HOA. No garbage or trash cans or receptacles shall be maintained in such a manner that they are exposed to the view of passersby on a public street or highway. 5.14. Moved-in Structures. No structure shall be moved from a point outside the real property hereinbefore described to within the real property hereinbefore described without special written permission from the HOA as hereinafter provided. 5.15. Construction Period. Any building construction must be started within 24 months of lot purchase. No building may be occupied until the exterior is completed and painted and final Lot grading relating to construction is , completed. 5.16. Landscaping. The landscaping, including trees, shrubs, grass, rock work, etc., upon each Lot and around the improvements thereon shall be equal in cost to at least 5% of the total construction costs for the primary residence and outbuildings upon the property and such landscaping shall be installed within one year from the date of completion of the single-family residence or outbuilding constructed upon the premises. Page 5 of 11 /'1 5.18. Home-Owners Association. The HOA shall be composed of three (3) members or their designated representatives, successors or assigns. Each of the five (5) Lot Owners shall have the right to cast one vote in electing the HOA. The members of the HOA shall consist of the lot owners. A majority decision of the HOA shall be final as to all matters within the jurisdiction of the HOA. A majority of the HOA may designate a representative to act on their behalf and the decision of the representative shall have the force and effect of a final decision of the HOA. Service on the HOA shall be without financial compensation and the HOA shall not incur debt or expense on behalf of any Owner, except by express consent of the Owner or Owners thereby affected. The HOA's approval shall be in writing and signed by the HOA members, and no decision of the HOA shall be further appealable unless a good faith dispute shall arise concerning whether or not a particular proposed structure or improvement falls within the HOA's jurisdiction. Should a good faith dispute arise between the HOA and any Lot Owner regarding whether a proposed improvement falls within the authority of the, HOA, the parties agree that no construction shall commence or continue following receipt of notice of the HOA's objection, unless and until the jurisdictional dispute is resolved and the HOA's authority is either received or a determination is made that the HOA's approval is not required. Should a dispute become unresolvable by informal means, the parties mutually designate the District Court of Weld County as the exclusive forum for resolution of all disputes regarding construction or interpretation of these covenants, although the parties may submit any dispute to mediation or binding arbitration by mutual agreement. 5.19. Architectural Control. No building, structure, towers, masts, antennas, satellite antennas, fence or wall (natural or artificial, including tall-standing trees and hedges), shall be erected, placed, planted or altered on any Lot until the construction plans and specifications thereof; and a plan showing the location of the structure or tall-standing planting, shall have been approved by the HOA as to conformity with these covenants, quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topographic and finish grade elevation, and effect on scenic view of adjacent landowners. Outbuildings larger than 2500 square feet with an eave height of higher than 12 feet and an overall height greater than 18 feet shall only be allowed subject to a majority vote of all property Owners of this development. No previously approved structures shall be substantially extended or substantially altered or modified without the approval of the HOA. Page 6 of 11 Before any Lot Owner shall commence the construction, reconstructions, exterior remodeling, addition to or alteration of any building, wall, fence, garage or any other structure of any kind whatsoever on any Lot, such person shall submit to the HOA a complete set of plans and specifications for said improvements, the erection or alteration of which is desired, and no construction shall be commenced unless and until the final construction plans, specifications, elevations and a plan showing the location of structures, septic fields, drainage routes and access shall have received the prior approval of the HOA as hereinafter provided. Such plans shall include plot plans showing the location of the Lot or property and the location of the proposed addition, structure, wall, tall-standing trees or hedges, fences, yard lights, driveways, access roads, swimming pool, or other structure proposed to be constructed, placed, altered or maintained on the Lot, together with the proposed color scheme of roof and exteriors thereof. In order to avoid unnecessary hardships, it is mandatory that all Lot Owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings of such work to the HOA in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications, or incurring substantial expense in that regard. The HOA shall approve or disapprove, or approve in part, the final plans, specifications and details within 30 days and in writing after the date of receipt thereof. In the event that the HOA, or its designated representative, fails to approve, approve in part or disapprove the final plans, elevations and specifications within 30 days after such plans have been submitted to it, the HOA's approval shall be deemed to have been obtained by default, unless the HOA, by written notice by certified mail, return receipt requested, requests an extension of time to further study proposed plans and specifications, to obtain expert analysis or opinions, tests, data and other materials or advice which the HOA shall require. The HOA shall be entitled to one extension of 30 days' time for said purposes, after which approval will be deemed given unless the proposed plans and specifications are sooner approved or rejected. In the event any Owner shall commence construction without the prior approval of the HOA, the HOA shall be privileged to retain appropriate attorneys and commence suit to enjoin further construction, installation or improvements until approval shall have been obtained, and in the case of completed structures or improvements within the HOA's jurisdiction, the failure to obtain prior approval shall be conclusive evidence of violation of covenant and shall render the offending Owner liable for damages, including mandatory relief requiring the offending Owner to dismantle, remove and eradicate all evidence of the unapproved completed or partially completed structure. In this context, Page 7 of 11 e..s "structure" shall be construed to mean any improvement for which the HOA's approval shall be required, as otherwise herein provided. Neither the HOA nor any architect, engineer or agent of the HOA, shall be responsible in any way for defects in plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No buildings or improvements previously approved for construction or placement upon any Lot shall be moved without the prior written approval of the HOA. 5.20. Enforcement. The HOA, the Owner or Owners of any Lots or any lawful representative may enforce the restrictions and limitations herein set forth by fine, assessment, lien, foreclosure as set forth by Colorado Statute Law, against any person or persons violating or attempting to violate any of said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. In addition, the prevailing party shall be entitled to all reasonable attorneys' fees and costs in the event legal proceedings are necessary or brought in order to compel compliance with any of said restrictions and limitations. 5.21. Binding Effect. Each grantee of the properties included within this Declaration, by acceptance of a deed conveying any of the Lots of Properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained, and by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant, agree and consent to, and with the grantees and subsequent Owners of each of said other Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements. Said restrictions, covenants and agreements are intended and imposed for the direct, mutual and reciprocal benefits of each and all of said Lots and outlots and subsequent Owners thereof, and to create mutual and equitable servitudes upon each of said Lots and outlots in favor of each other Lot and outlot, and reciprocal rights and obligations and privity of contract and estate between the grantees of said Lots, their respective heirs, successors and assigns. 5.22. Waiver. Any variance, waiver or release of these conditions and restrictions granted by the HOA or any acquiescence or failure of it to enforce any violation of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. The HOA may, by its signed written instrument, waive, release or vary any provision of the within protective covenants as they pertain to any part or all of the Lots encumbered, which waiver, release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Page 8 of 11 HOA shall have any liability whatsoever to any Owner or other party aggrieved or injured on account of the grant of such release, waiver or variance. In return for such waiver, release or variance, the HOA may impose upon the Owner and the Lot involved such additional or altered covenants as the HOA deems proper and appropriate in the.circumstances. Each Owner agrees, by accepting title or any interest in any Lot, that Declarant, its employees or agents, and each member of the HOA, shall be immune from suit or liability in accordance with the foregoing. 5.23. Severability. In the event that any one or more of the provisions, conditions, restrictions, limitations and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions, limitations and covenants as herein set forth shall continue unimpaired and in full force and effect. 6. COVENANTS RELATING TO MAINTENANCE OF COMMON-ACCESS DRIVEWAY. 6.1. It shall be the duty of the HOA to maintain, repair and replace, as necessary, the common access roadway servicing those Lots, all open space, outlots and trails, including the removal of manure in a manner that will prevent nuisance conditions. Each owner shall be assessed one-fifth of the cost of such maintenance and repair by the HOA. The HOA shall be responsible for obtaining necessary services. 6.2. No Owner may except himself from liability for his share of the expenses of the maintenance and repair of the common access driveway, all open space and outlots by waiver of the use or enjoyment of the access, by abandonment, or by any other act of omission. 6.3. All such sums incurred and unpaid by an Owner, together with interest thereon at the then-legal rate, shall constitute a lien on such Lot. To evidence such lien, a written notice setting forth the amount of such unpaid indebtedness, the name of the nonpaying Owner of the Lot, the legal description of the Lot, the date of the notice, and notarized signature of the adjoining Owner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the Owner and may be enforced by foreclosure on the nonpaying Owner's Lot by the adjoining Owner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Owner shall be liable for all costs, expenses and reasonable attorney's fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Owner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. Page 9 of 11 7. SANITATION AND DRAINAGE. Each Owner of each Lot shall maintain, keep in good repair and replace, if necessary, all drainage facilities, sanitation and sewer facilities and fire protection facilities, including, but not limited to, collection lines, leach fields, septic tanks, and cisterns, according to the plans and specifications approved by Weld County, Colorado, the Weld County Health Department and the State of Colorado until such time as such facilities, and all appurtenances thereto, are replaced by, or the responsibility therefore is assumed by a municipal or quasi-municipal entity. Each Lot Owner shall be responsible for maintaining, repairing and replacing those facilities, including on- Lot sanitation systems serving his Lot alone. 8. GENERAL PROVISIONS. 8.1. Compliance with Provisions of Declaration. Each Owner shall strictly comply with the provisions of this Declaration and the decisions and resolutions of the HOA as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action against the noncomplying Owner to recover sums due and for damages or injunctive relief or both. The Action shall be maintainable by the HOA on behalf of the Owners or, in a proper case, by an aggrieved Owner, or because the provisions of this Declaration are imposed in part for the benefit of the County of Weld, by the County of Weld or its duly authorized representatives. The noncomplying Owner shall pay the reasonable attorneys' fees incurred in enforcing these Declarations. Failure by the HOA or by any Owner or by the County of Weld to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Weld County, Colorado, and any agency of the State government may also compel compliance of the obligations imposed hereby either jointly or severally upon each Lot Owner. 8.2. Amendment. This Declaration shall not be altered or amended from the form in which it is placed of record in the office of the Weld County Clerk and Recorder without the prior written consent of the Declarant and the then-record Owners of Lots 1, 2, 3, 4, and 5, of the development. Any such amendment adopted in accordance with this provision shall be recorded in the office of the Clerk and Recorder of Weld County, Colorado, and shall be effective only from the date of such recording. 8.3. Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, nor the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstance or circumstances shall not be affected thereby. Page 10 of 11 8.4. Number and Gender. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this document to be executed by its duly authorized officers this day of DECLARANT: STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. My commission expires: Notary Public Page 11 of 11 r eTh e sy bEr\ PT> Northwest 1/i Section 19 Township 3 North Range 68 West of the 6th PM. i DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1. DECLARANT. The declarant in this Declaration of Covenants, Conditions & Restrictions is hereinafter referred to as "Declarant." 2. RECITALS. WHEREAS, Declarant is the Owner of certain property in the County of Weld, State of Colorado, which is more particularly described as Lots 1, 2, 3, 4, and 5, a map of which is recorded in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, and 5 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, title or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants" shall mean and refer to Kermit Bohrer, his successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation„ and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2, 3, 4, and 5. • Page 1 of 11 n rTh 3.4. "Lot" shall mean and refer to any plot of land identified as such and shown upon the recorded map of the Properties, being Lots 1, 2, 3, 4, and 5 . 4. COVENANTS, CONDITIONS AND RESTRICTIONS. The covenants, conditions and restrictions contained herein shall apply to the development and shall be covenants running with the land, shall be binding on all parties and on all persons claiming under them for a period of 25 years from the date this Declaration of Covenants, Conditions and Restrictions is recorded, after which time said Declaration shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Properties has been recorded agreeing to change said Declaration in whole or in part. 5. RESIDENTIAL AREA COVENANTS, CONDITIONS AND RESTRICTIONS. The following covenants, conditions and restrictions are applicable to each Lot 5.1. Land'Use. The Lots, nor any part thereof, shall not be occupied or used for any purpose other than private single-family residences. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this section shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or profession of any nature which results in non-resident vehicular or pedestrian traffic to and from the Lots shall be conducted on any Lot or in any residence construed thereon, with the exception of agricultural-related business. 5.2. Building Type. No structures shall be erected, placed, altered or permitted to remain on any part of the above-described property other than detached single-family dwellings, not to exceed two stories in height, one private garage for each such dwelling for the Owner or Owners of such dwelling for not less than two or more than four vehicles and accessory barns and outbuildings as approved before construction by the Home-Owners Association (HOA). 5.3. Dwelling Cost, Quality, Size and Requirements. Covenants are recorded, it being the intention and purpose of this Covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure devoted to living purposes, exclusive of one-story open porches, roofed or unroofed porches, garages, terraces and basements, shall not be less than 2500 square feet for a one-story dwelling. If a residence of more than one story is constructed, then the main floor of the structure devoted to living purposes shall not have less than 1500 square feet of floor area and the second story shall not have less than 1000 Page 2 of 11 square feet devoted to living space. Roofs covered with asphalt shingles or with material which is metallic in appearance shall be prohibited except where specifically approved by the HOA prior to installation thereof.jAll construction shall be in compliance with the applicable ordinances and codes of Weld County except where these covenants impose more stringent requirements, in which case these covenants shall govern. All dwellings shall have automatic fire sprinklers installed at time of construction, as required by the Mountain View Fire Protection District, and shall comply to the nationally recognized standards provided by the Mountain View Fire District. 5.4. Buildings, Fences and Walls. No fence or wall shall be constructed on any Lot without the prior written consent of the HOA. The HOA, as a general rule, shall refuse permission for house, outside buildings, boundary fences and walls which would obstruct views of other Lots, but shall, as a general rule, be receptive to granting permission for privacy fences or walls screening patios, outdoor eating areas, and the like, which encompass substantially less than all of a rear, side, or front yard. For purposes of this section, hedges shall be considered to be the same as fences and subject to the same restrictions. (The term "wall" as used in this section shall not include the walls of a house or garage, but rather shall mean walls which are freestanding and intended to enclose or screen areas outside the house or garage.) 5.5. Easements. Easements are as shown on the recorded map of the development. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may endanger or interfere with the installation and maintenance of utilities or ditches, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements 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 utility company is responsible, or those easements granted to all Lot Owners as further stated in this declaration. All Owners shall have reasonable access to carrying ditches and headgates as necessary for irrigation of their parcels. 5.6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the residents of the development. No firearms shall be discharged on the Properties. 5.7. Vehicles. No boats, trailers, campers, motorcycles, farm equipment/machinery, motor bikes or inoperative vehicles shall be parked closer to the street than the minimum building set-back line. No inoperable, unlicensed or junk motor vehicles are allowed. Trailers, boats, motorcycles, farm Page 3 of 11 n equipment/machinery, motor bikes or any other equipment shall not be kept on any Lot or about the premises except in an enclosed building or area. 5.8. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except during a six-month construction period when a single-wide mobile home shall be allowed. 5.9. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than one square foot identifying the Owners or lessees of the property; one sign of not more than five square feet advertising the property for sale ,or rent, and signs customarily displayed by builders during the construction period of the dwelling, and such other signs as may be approved by the HOA. 5.10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 5.11. Livestock and Poultry. No cattle, sheep, goats, rabbits, poultry or animals of any description or kind shall be allowed with the exception of two horses, household animals such as dogs and cats and they shall not be allowed to make objectionable noises, cause noxious odors, flies, insect pests, pollutant runoff, or otherwise constitute a nuisance, annoyance, or inconvenience to, or disturb the peace of, residents of the development. No dogs shall be allowed to leave the Owner's property unless under the complete control of the Owner. Animal maintenance shall also include the removal of manure in a manner that will prevent nuisance conditions. 5.12. Building Location. Subject to the minimum distances required by Weld County regulations, as from time to time may be amended, every building, structure r other improvements shall be located in accordance with the following sr distances from Lot lines and shall be located within the attached building envelope drawings for each lot: A. Front set back at least 50 feet from Lot line. B. Rear set back at least 50 feet from Lot line. C. Side yard set back at least 50 feet from Lot line. Page 4 of 11 n Roofs, eaves and porches may not overhang or encroach upon any set-back requirement. The HOA may, in its sound discretion, grant variances of these set- back requirements. 5.13. Garbage and Refuse Disposal and Lot Maintenance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted;to remain exposed upon any Lot so they are visible from any neighboring Lot or street, except as necessary during the period of construction. Each occupied Lot shall at all times be kept clear of excessive weeds and other unsightly growth, and the same shall be forthwith removed from the Lot by the Lot Owner upon demand of the HOA. After a residence has been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be planted to grass or other vegetation or left in native vegetation or covered with decorative materials, and maintained in that condition, so as to prevent the blowing of dust and dirt from the exposed soil. In the event any structure is destroyed, whether wholly or partially;by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundations, and all debris, shall be promptly removed from the Property. All types of refrigeration, cooling or heating apparatus must be concealed in a manner which has the prior written approval of the HOA. No garbage or trash cans or receptacles shall be maintained in such a manner that they are exposed to the view of passersby on a public street or highway. 5.14. Moved-in Structures. No structure shall be Toyed from a point outside the real property hereinbefore described to within the real property hereinbefore described without special written permission from the HOA as hereinafter provided. 5.15. Construction Period. Any building construction must be started within 24 months of lot purchase. No building may be occupied until the exterior is completed and painted and final Lot grading relating to construction is completed. 5.16. Landscaping. The landscaping, including trees, shrubs, grass, rock work, etc., upon each Lot and around the improvements thereon shall be equal in cost to at least 5% of the total construction costs for the primary residence and outbuildings upon the property and such landscaping shall be installed within one year from the date of completion of the single-family residence or outbuilding constructed upon the premises. 5.17. Recorded exemptions are not allowed. Page 5 of 11 5.18. Home-Owners Association. The HOA shall be composed of three (3) members or their designated representatives, successors or assigns. Each of the five (5) Lot Owners shall have the right to cast one vote in electing the HOA. The members of the HOA shall consist of the lot owners. A majority decision of the HOA shall be final as to all matters within the jurisdiction of the HOA. A majority of the HOA may designate a representative to act on their behalf and the decision of the representative shall have the force and effect of a final decision of the HOA. Service on the HOA shall be without financial compensation and the HOA shall not incur debt or expense on behalf of any Owner, except by express consent of the Owner or Owners thereby affected. The HOA's approval shall be in writing and signed by the HOA members, and no decision of the HOA shall be further appealable unless a good faith dispute shall arise concerning whether or not a particular proposed structure or improvement falls within the HOA's jurisdiction. Should a good faith dispute arise between the HOA and any Lot Owner regarding whether a proposed improvement falls within the authority of the HOA, the parties agree that no construction shall commence or continue following receipt of notice of the HOA's objection, unless and until the jurisdictional dispute is resolved and the HOA's authority is either received or a determination is made that the HOA's approval is not required. Should a dispute become unresolvable by informal means, the parties mutually designate the District Court of Weld County as the exclusive forum for resolution of all disputes regarding construction or interpretation of these covenants, although the parties may submit any dispute to mediation or binding arbitration by mutual agreement. • 5.19. Architectural Control. No building, structure, towers, masts, antennas, satellite antennas, fence or wall (natural or artificial, including tall-standing trees and hedges), shall be erected, placed, planted or altered on any Lot until the construction plans and specifications thereof, and a plan showing the location of the structure or tall-standing planting, shall have been approved by the HOA as to conformity with these venants, quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topographic and finish grade elevation, and effect on scenic view of adjacent landowners. Outbuildings larger than 2500 square feet with an eave height of higher than 12 feet and an overall height greater than 18 feet shall only be allowed subject to a majority vote of all property Owners of this development. No previously approved structures shall be substantially extended or substantially altered or modified without the approval of the HOA. Page 6 of 11 n n Before any Lot Owner shall commence the construction, reconstructions, exterior remodeling, addition to or alteration of any building, wall, fence, garage or any other structure of any kind whatsoever on any Lot, such person shall submit to the HOA a complete set of plans and specifications for said improvements, the erection or alteration of which is desired, and no construction shall be commenced unless and until the final construction plans, specifications, elevations and a plan showing the location of structures, septic fields, drainage routes and access shall have received the prior approval of the HOA as hereinafter provided. Such plans shall include plot plans showing the location of the Lot or property and the location of the proposed addition, structure, wall, tall-standing trees or hedges, fences, yard lights, driveways, access roads, swimming pool, or other structure proposed to be constructed, placed, altered or maintained on the Lot, together with the proposed color scheme of roof and exteriors thereof. In order to avoid unnecessary hardships, it is mandatory that all Lot Owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings of such work to the HOA in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications, or incurring substantial expense in that regard. The HOA shall approve or disapprove, or approve in part, the final plans, specifications and details within 30 days and in writing after the date of receipt thereof. In the event that the HOA, or its designated representative, fails to approve, approve in part or disapprove the final plans, elevations and specifications within 30 days after such plans have been submitted to it, the HOA's approval shall be deemed to have been obtained by default, unless the HOA, by written notice by certified mail, return receipt requested, requests an extension of time to further study proposed plans and specifications, to obtain expert analysis or opinions, tests, data and other materials or advice which the HOA shall require. The HOA shall be entitled to one extension of 30 days' time for said purposes, after which approval will be deemed given,unless the proposed plans and specifications are sooner approved or rejected. In the event any Owner shall commence construction without the prior approval of the HOA, the HOA shall be privileged to retain appropriate attorneys and commence suit to enjoin further construction, installation or improvements until approval shall have been obtained, and in the case of completed structures or improvements within the HOA's jurisdiction, the failure to obtain prior approval shall be conclusive evidence of violation of covenant and shall render the offending Owner liable for damages, including mandatory relief requiring the offending Owner to dismantle, remove and eradicate all evidence of the unapproved completed or partially completed structure. In this context, Page 7 of 11 n "structure" shall be construed to mean any improvement for which the HOA's approval shall be required, as otherwise herein provided. Neither the HOA nor any architect, engineer or agent of the HOA, shall be responsible in any way for defects in plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No buildings or improvements previously approved for construction or placement upon any Lot shall be moved without the prior written approval of the HOA. 5.20. Enforcement. The HOA, the Owner or Owners of any Lots or any lawful representative may enforce the restrictions and limitations herein set forth by fine, assessment, lien, foreclosure as set forth by Colorado Statute Law, against any person or persons violating or attempting to violate any of said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. In addition, the prevailing party shall'be entitled to all reasonable attorneys' fees and costs in the event legal proceedings are necessary or brought in order to compel compliance with any of said restrictions and limitations., 5.21. Binding Effect. Each grantee of the properties included within this Declaration, by acceptance of a deed conveying any of the Lots of Properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained, and by such acceptance, shall for l • self, his heirs, personal representatives, successors and assigns, covenant,agree and consent to, 'and with the grantees and subsequent Owners of each of said other Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements. Said restrictions, covenants and agreements are intended and imposed for the direct, mutual and reciprocal benefits of each and all of said Lots and outlots and subsequent Owners thereof, and to create mutual and equitable servitudes upon each of said Lots and outlots in favor of each other Lot and outlot, and reciprocal rights and obligations and privity of contract and estate between the grantees of said Lots, their respective heirs, successors and assigns. 5.22. Waiver. Any variance, waver or 1elease of these conditions and restrictions granted by the HOA or any acquiescence or failure of it to enforce any violation of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. The HOA may, by its signed written instrument, waive, release or vary any provision of the within protective covenants as they pertain to any part or all of the Lots encumbered, which waiver, release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Page 8 of 11 eTh HOA shall have any liability whatsoever to any Owner or other party aggrieved or injured on account of the grant of such release, waiver or Variance. In return for such waiver, release or variance, the HOA may impose uppppn the Owner and the Lot involved such additional or altered covenants as the HOA deems proper and appropriate in the circumstances. Each Owner agrees, by accepting title or any interest in any Lot, that Declarant, its employees or agents, and each member of the HOA, shall be immune from suit or liability in accordance with the foregoing. i 5.23. Severability. In the event that any one or more of the provisions, conditions, restrictions, limitations and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions, limitations and covenants as herein set forth shall continue unimpaired and in full force and effect. 6. COVENANTS RELATING TO MAINTENANCE OF COMMON-ACCESS DRIVEWAY. 6.1. It shall be the duty of the HOA to maintain, repair and replace, as necessary, the common access roadway servicing those Lots, all open space, outlots and trails, including the removal of manure in a manner that will prevent nuisance conditions. Each owner shall be assessed one-fifth of the cost of such maintenance and repair by the HOA. The HOA shall be responsible for obtaining necessary services. 6.2. No Owner may except himself from liability for his share of the expenses of the maintenance and repair of the common access driveway, all open space and outlots by waiver of the use or enjoyment of the access, by abandonment, or by any other act of omission. 6.3. All such sums incurred and unpaid by an Owner,together with interest thereon at the then-legal rate, shall constitute a lien on such Lot. To evidence such lien, a written notice setting forth the amount of such unpaid indebtedness, the name of the nonpaying Owner of the Lot, the legal description of the Lot, the date of the notice, and notarized signature of the adjoining Owner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the Owner and may be enforced by foreclosure on the nonpaying Owner's Lot by the adjoining Owner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Owner shall be liable for all costs, expenses and reasonable attomey's fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Owner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. Page 9 of 11 7. SANITATION AND DRAINAGE. Each Owner of each Lot shall maintain, keep in good repair and replace, if necessary, all drainage facilities, sanitation and sewer facilities and fire protection facilities, including, but not limited to, collection lines, leach fields, septic tanks, and cisterns, according to the plans and specifications approved by Weld County, Colorado, the Weld County Health Department and the State of Colorado until such time as such facilities, and all appurtenances thereto, are replaced by, or the responsibility therefore is assumed by a municipal or quasi-municipal entity. Each Lot Owner shall be responsible for maintaining, repairing and replacing those facilities, including on- Lot sanitation systems serving his Lot alone. 8. GENERAL PROVISIONS. 8.1. Compliance with Provisions of Declaration. Each Owner shall strictly comply with the provisions of this Declaration and the decisions and resolutions of the HOA as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action against the noncomplying Owner to recover sums due and for damages or injunctive relief or both. The Action shall be maintainable by the HOA on behalf of the Owners or, in a proper case, by an aggrieved Owner, or because the provisions of this Declaration are imposed in part for the benefit of the County of Weld, by the County of Weld or its duly authorized. representatives. The noncomplying Owner shall pay the reasonable attorneys' fees incurred in enforcing these Declarations. Failure by the HOA or by any Owner or by the County of Weld to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Weld County, Colorado, and any agency of the State government may also compel compliance of the obligations imposed hereby either jointly or severally upon each Lot Owner. 8.2. Amendment. This Declaration shall not be altered or amended from the form in which it is placed of record in the office of the Weld County Clerk and Recorder without the prior written consent of the Declarant and the then-record Owners of Lots 1, 2, 3, 4, and 5, of the development. Any such amendment adopted in accordance with this provision shall be recorded in the office of the Clerk and Recorder of Weld County, Colorado, and shall be effective only from the date of such recording. 8.3. Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, nor the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstance or circumstances shall not be affected thereby. Page 10 of 11 8.4. Number and Gender. Whenever used herein; unless the context shall otherwise provide, the singular shall include the plural, the plural the singular, and the use of any gender shall include gill genders. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has ist— caused nt document to be exec,�}r,,,ee by its duly authorized officers this�/ — day of ii' Dp� /`�`� DEC � rt. STA?I c OF COLORADO ) �;•.` li'1`f✓O.UNTY OF WELD ) ss. ................... Instrument was acknowledged before m this vats, day of n `I B by Mfr f" I� LK . Witness my hand and official seal. My commission expires: iof14/2-1t0 ekttleato-- Notary Public 1 1 1 Page 11 of 11 it Northwest Vs Section 19 Township 3 North Range 68 West of the 6th PM. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 1. DECLARANT. The declarant in this Declaration of Covenants, Conditions & Restrictions is hereinafter referred to as "Declarant." 2. RECITALS. WHEREAS, Declarant is the Owner of certain property in the County of Weld, State of Colorado, which is more particularly described as Lots 1, 2, 3, 4, and 5, a map of which is recorded in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, Declarant desires and intends to sell or transfer the properties described above, and to impose upon said properties mutually beneficial covenants, conditions and restrictions under a general scheme or plan of improvement and development to enhance the value, desirability, attractiveness and salability of such Lots and for the benefit of all the lands in the development and the future Owners of those lands. THEREFORE, Declarant hereby declares that Lots 1, 2, 3, 4, and 5 shall be held, sold, conveyed, used, improved, occupied and resided upon in conformity with and subject to the following easements, restrictions, covenants, charges, assessments and liens which are for the purpose of protecting the value and desirability of, and which shall run with, all the real property in the development and be binding on and inure to the benefit of all parties having any right, title or interest in any of the Properties or any part thereof, their heirs, successors and assigns. 3. DEFINITIONS. When used in this instrument, the following definitions shall apply: 3.1. "Declarant" or "Declarants" shall mean and refer to Kermit Bohrer, his successors and assigns. 3.2. "Owner" shall mean and refer to the record Owner of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as a security for the performance of an obligation, and excluding Declarant. 3.3. "Properties" shall mean and refer to Lots 1, 2, 3, 4, and 5. Page 1 of 11 3.4. "Lot" shall mean and refer to any plot of land identified as such and shown upon the recorded map of the Properties, being Lots 1, 2, 3, 4, and 5 . 4. COVENANTS, CONDTTIONS AND RESTRICTIONS. The covenants, conditions and restrictions contained herein shall apply to the development and shall be covenants running with the land, shall be binding on all parties and on all persons claiming under them for a period of 25 years from the date this Declaration of Covenants, Conditions and Restrictions is recorded, after which time said Declaration shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then Owners of the Properties has been recorded agreeing to change said Declaration in whole or in part. 5. RESIDENTIAL AREA COVENANTS, CONDITIONS AND RESTRICTIONS. The following covenants, conditions and restrictions are applicable to each Lot: 5.1. Land Use. The Lots, nor any part thereof, shall not be occupied or used for any purpose other than private single-family residences. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this section shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or profession of any nature which results in non-resident vehicular or pedestrian traffic to and from the Lots shall be conducted on any Lot or in any residence construed thereon, with the exception of agricultural-related business. 5.2. Building Type. No structures shall be erected, placed, altered or permitted to remain on any part of the above-described property other than detached single-family dwellings, not to exceed two stories in height, one private garage for each such dwelling for the Owner or Owners of such dwelling for not less than two or more than four vehicles and accessory barns and outbuildings as approved before construction by the Architectural Control Committee. 5.3. Dwelling Cost, Quality, Size and Requirements. Covenants are recorded, it being the intention and purpose of this Covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure devoted to living purposes, exclusive of one-story open porches, roofed or unroofed porches, garages, terraces and basements, shall not be less than 2000 square feet for a one-story dwelling. If a residence of more than one story is constructed, then the main floor of the structure devoted to living purposes shall not have less than 1000 square feet of floor area and the second story shall not have less than 1000 Page 2 of 11 square feet devoted to living space. Roofs covered with asphalt shingles or with material which is metallic in appearance shall be prohibited except where specifically approved by the HOA prior to installation thereof. All construction shall be in compliance with the applicable ordinances and codes of Weld County except where these covenants impose more stringent requirements, in which case these covenants shall govern. All dwellings shall have automatic fire sprinklers installed at time of construction, as required by the Mountain View Fire Protection District, and shall comply to the nationally recognized standards provided by the Mountain View Fire District. 5.4. Buildings, Fences and Walls. No fence or wall shall be constructed on any Lot without the prior written consent of the HOA. The HOA, as a general rule, shall refuse permission for house, outside buildings, boundary fences and walls which'would obstruct views of other Lots, but shall, as a general rule, be receptive to granting permission for privacy fences or walls screening patios, outdoor eating areas, and the like, which encompass substantially less than all of a rear, side, or front yard. For purposes of this section, hedges shall be considered to be the same as fences and subject to the same restrictions. (The term "wall" as used in this section shall not include the walls of a house or garage, but rather shall mean walls which are freestanding and intended to enclose or screen areas outside the house or garage.) 5.5. Easements. Easements are as shown on the recorded map of the development. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may endanger or interfere with the installation and maintenance of utilities or ditches, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements 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 utility company is responsible, or those easements granted to all Lot Owners as further stated in this declaration. All Owners shall have reasonable access to carrying ditches and headgates as necessary for irrigation of their parcels. 5.6. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the residents of the development. No firearms shall be discharged on the Properties. 5.7. Vehicles. No boats, trailers, campers, motorcycles, farm equipment/machinery, motor bikes or inoperative vehicles shall be parked closer to the street than the minimum building set-back line. No inoperable, unlicensed or junk motor vehicles are allowed. Trailers, boats, motorcycles, farm Page 3 of 11 • equipment/machinery, motor bikes or any other equipment shall not be kept on any Lot or about the premises except in an enclosed building or area. 5.8. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently, except during a six-month construction period when a single-wide mobile home shall be allowed. 5.9. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one professional sign of not more than one square foot identifying the Owners or lessees of the property; one sign of not more than five square feet advertising the property for sale or rent, and signs customarily displayed by builders during the construction period of the dwelling, and such other signs as may be approved by the HOA. 5.10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 5.11. Livestock and Poultry. No cattle, sheep, goats, rabbits, poultry or animals of any description or kind shall be allowed with the exception of two horses, household animals such as dogs and cats and they shall not be allowed to make objectionable noises, cause noxious odors, flies, insect pests, pollutant runoff, or otherwise constitute a nuisance, annoyance, or inconvenience to, or disturb the peace of, residents of the development. No dogs shall be allowed to leave the Owner's property unless under the complete control of the Owner. Animal maintenance shall also include the removal of manure in a manner that will prevent nuisance conditions. 5.12. Building Location. Subject to the minimum distances required by Weld County regulations, as from time to time may be amended, every building, structure a other improvements shall be located in accordance with the following-prescribed distances from Lot lines and shall be located within the attached building envelope drawings for each lot: A. Front set back at least 50 feet from Lot line. B. Rear set back at least 50 feet from Lot line. C. Side yard set back at least 50 feet from Lot line. Page 4 of 11 Roofs, eaves and porches may not overhang or encroach upon any set-back requirement. The HOA may, in its sound discretion, grant variances of these set- back requirements. 5.13. Garbage and Refuse Disposal and Lot Maintenance. Each Lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so they are visible from any neighboring Lot or street, except as necessary during the period of construction. Each occupied Lot shall at all times be kept clear of excessive weeds and other unsightly growth, and the same shall be forthwith removed from the Lot by the Lot Owner upon demand of the HOA. After a residence has been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be planted to grass or other vegetation or left in native vegetation or covered with decorative materials, and maintained in that condition, so as to prevent the blowing of dust and dirt from the exposed soil. In the event any structure is destroyed, whether wholly or partially, by fire or any other casualty, said structure shall be promptly rebuilt or remodeled to conform to this Declaration or all remaining portions of the structure, including the foundations, and all debris, shall be promptly removed from the Property. All types of refrigeration, cooling or heating apparatus must be concealed in a manner which has the prior written approval of the HOA. No garbage or trash cans or receptacles shall be maintained in such a manner that they are exposed to the view of passersby on a public street or highway. 5.14. Moved-in Structures. No structure shall be moved from a point outside the real property hereinbefore described to within the real property hereinbefore described without special written permission from the HOA as hereinafter provided. 5.15. Construction Period. Any building construction must be started within 24 months of lot purchase. No building may be occupied until the exterior is completed and painted and final Lot grading relating to construction is completed. 5.16. Landscaping. The landscaping, including trees, shrubs, grass, rock work, etc., upon each Lot and around the improvements thereon shall be equal in cost to at least 5% of the total construction costs for the primary residence and outbuildings upon the property and such landscaping shall be installed within one year from the date of completion of the single-family residence or outbuilding constructed upon the premises. Page 5 of 11 5.18. Home-Owners Association. The HOA shall be composed of three (3) members or their designated representatives, successors or assigns. Each of the five (5) Lot Owners shall have the right to cast one vote in electing the HOA. The members of the HOA shall consist of the lot owners. A majority decision of the HOA shall be final as to all matters within the jurisdiction of the HOA. A majority of the HOA may designate a representative to act on their behalf and the decision of the representative shall have the force and effect of a final decision of the HOA. Service on the HOA shall be without financial compensation and the HOA shall not incur debt or expense on behalf of any Owner, except by express consent of the Owner or Owners thereby affected. The HOA's approval shall be in writing and signed by the HOA members, and no decision of the HOA shall be further appealable unless a good faith dispute shall arise concerning whether or not a particular proposed structure or improvement falls within the HOA's jurisdiction. fr Should a good faith dispute arise between the HOA and any Lot Owner regarding whether a proposed improvement falls within the authority of the HOA, the parties agree that no construction shall commence or continue following receipt of notice of the HOA's objection, unless and until the jurisdictional dispute is resolved and the HOA's authority is either received or a determination is made that the HOA's approval is not required. Should a dispute become unresolvable by informal means, the parties mutually designate the District Court of Weld County as the exclusive forum for resolution of all disputes regarding construction or interpretation of these covenants, although the parties may submit any dispute to mediation or binding arbitration by mutual agreement. 5.19. Architectural Control. No building, structure, towers, masts, antennas, satellite antennas, fence or wall (natural or artificial, including tall-standing trees and hedges), shall be erected, placed, planted or altered on any Lot until the construction plans and specifications thereof, and a plan showing the location of the structure or tall-standing planting, shall have been approved by the HOA as to conformity with these covenants, quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topographic and finish grade elevation, and effect on scenic view of adjacent landowners. Outbuildings larger than 2500 square feet with an eave height of higher than 12 feet and an overall height greater than 18 feet shall only be allowed subject to a majority vote of all property Owners of this development. No previously approved structures shall be substantially extended or substantially altered or modified without the approval of the HOA. Page 6 of 11 Before any Lot Owner shall commence the construction, reconstructions, exterior remodeling, addition to or alteration of any building, wall, fence, garage or any other structure of any kind whatsoever on any Lot, such person shall submit to the HOA a complete set of plans and specifications for said improvements, the erection or alteration of which is desired, and no construction shall be commenced unless and until the final construction plans, specifications, elevations and a plan showing the location of structures, septic fields, drainage routes and access shall have received the prior approval of the HOA as hereinafter provided. Such plans shall include plot plans showing the location of the Lot or property and the location of the proposed addition, structure, wall, tall-standing trees or hedges, fences, yard lights, driveways, access roads, swimming pool, or other structure proposed to be constructed, placed, altered or maintained on the Lot, together with the proposed color scheme of roof and exteriors thereof. In order to avoid unnecessary hardships, it is mandatory that all Lot Owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings of such work to the HOA in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications, or incurring substantial expense in that regard. The HOA shall approve or disapprove, or approve in part, the final plans, specifications and details within 30 days and in writing after the date of receipt thereof. In the event that the HOA, or its designated representative, fails to approve, approve in part or disapprove the final plans, elevations and specifications within 30 days after such plans have been submitted to it, the HOA's approval shall be deemed to have been obtained by default, unless the HOA, by written notice by certified mail, return receipt requested, requests an extension of time to further study proposed plans and specifications, to obtain expert analysis or opinions, tests, data and other materials or advice which the HOA shall require. The HOA shall be entitled to one extension of 30 days' time for said purposes, after which approval will be deemed given unless the proposed plans and specifications are sooner approved or rejected. In the event any Owner shall commence construction without the prior approval of the HOA, the HOA shall be privileged to retain appropriate attorneys and commence suit to enjoin further construction, installation or improvements until approval shall have been obtained, and in the case of completed structures or improvements within the HOA's jurisdiction, the failure to obtain prior approval shall be conclusive evidence of violation of covenant and shall render the offending Owner liable for damages, including mandatory relief requiring the offending Owner to dismantle, remove and eradicate all evidence of the unapproved completed or partially completed structure. In this context, Page 7 of 11 , . "structure" shall be construed to mean any improvement for which the HOA's approval shall be required, as otherwise herein provided. Neither the HOA nor any architect, engineer or agent of the HOA, shall be responsible in any way for defects in plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No buildings or improvements previously approved for construction or placement upon any Lot shall be moved without the prior written approval of the HOA. 5.20. Enforcement. The HOA, the Owner or Owners of any Lots or any lawful representative may enforce the restrictions and limitations herein set forth by fine, assessment, lien, foreclosure as set forth by Colorado Statute Law, against any person or persons violating or attempting to violate any of said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. In addition, the prevailing party shall be entitled to all reasonable attorneys' fees and costs in the event legal proceedings are necessary or brought in order to compel compliance with any of said restrictions and limitations. 5.21. Binding Effect. Each grantee of the properties included within this Declaration, by acceptance of a deed conveying any of the Lots of Properties, shall accept title thereto upon and subject to each and all of the restrictions, conditions, covenants and agreements herein contained, and by such acceptance, shall for himself, his heirs, personal representatives, successors and assigns, covenant, agree and consent to, and with the grantees and subsequent Owners of each of said other Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements. Said restrictions, covenants and agreements are intended and imposed for the direct, mutual and reciprocal benefits of each and all of said Lots and outlots and subsequent Owners thereof, and to create mutual and equitable servitudes upon each of said Lots and outlots in favor of each other Lot and outlot, and reciprocal rights and obligations and privity of contract and estate between the grantees of said Lots, their respective heirs, successors and assigns. 5.22. Waiver. Any variance, waiver orVelease of these conditions and restrictions granted by the HOA or any acquiescence or failure of it to enforce any violation of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. The HOA may, by its signed written instrument, waive, release or vary any provision of the within protective covenants as they pertain to any part or all of the Lots encumbered, which waiver, release or variance shall be effective as to all parties otherwise entitled to enforce the within protective covenants. No member of the Page 8 of 11 HOA shall have any liability whatsoever to any Owner or other party aggrieved or injured on account of the grant of such release, waiver or variance. In return for such waiver, release or variance, the HOA may impose upon the Owner and the Lot involved such additional or altered covenants as the HOA deems proper and appropriate in the circumstances. Each Owner agrees, by accepting title or any interest in any Lot, that Declarant, its employees or agents, and each member of the HOA, shall be immune from suit or liability in accordance with the foregoing. 5.23. Severability. In the event that any one or more of the provisions, conditions, restrictions, limitations and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions, limitations and covenants as herein set forth shall continue unimpaired and in full force and effect. 6. COVENANTS RELATING TO MAINTENANCE OF COMMON-ACCESS DRIVEWAY. 6.1. It shall be the duty of the HOA to maintain, repair and replace, as necessary, the common access roadway servicing those Lots, all open space, outlots and trails, including the removal of manure in a manner that will prevent nuisance conditions. Each owner shall be assessed one-fifth of the cost of such maintenance and repair by the HOA. The HOA shall be responsible for obtaining necessary services. 6.2. No Owner may except himself from liability for his share of the expenses of the maintenance and repair of the common access driveway, all open space and outlots by waiver of the use or enjoyment of the access, by abandonment, or by any other act of omission. 6.3. All such sums incurred and unpaid by an Owner,together with interest thereon at the then-legal rate, shall constitute a lien on such Lot. To evidence such lien, a written notice setting forth the amount of such unpaid indebtedness, the name of the nonpaying Owner of the Lot, the legal description of the Lot, the date of the notice, and notarized signature of the adjoining Owner, shall be recorded in the Office of the Clerk and Recorder of Weld County. Such lien shall attach on the date of failure of payment by the Owner and may be enforced by foreclosure on the nonpaying Owner's Lot by the adjoining Owner in a like manner as a deed of trust. In any such foreclosure, the nonpaying Owner shall be liable for all costs, expenses and reasonable attorney's fees. Nothing in this paragraph shall be construed as to preclude the right of the paying Owner to enforce his legal or equitable rights in a civil proceeding filed in a court of competent jurisdiction in lieu of filing and enforcing said lien. Page 9 of 11 4 7. SANITATION AND DRAINAGE. Each Owner of each Lot shall maintain, keep in good repair and replace, if necessary, all drainage facilities, sanitation and sewer facilities and fire protection facilities, including, but not limited to, collection lines, leach fields, septic tanks, and cisterns, according to the plans and specifications approved by Weld County, Colorado, the Weld County Health Department and the State of Colorado until such time as such facilities, and all appurtenances thereto, are replaced by, or the responsibility therefore is assumed by a municipal or quasi-municipal entity. Each Lot Owner shall be responsible for maintaining, repairing and replacing those facilities, including on- Lot sanitation systems serving his Lot alone. 8. GENERAL PROVISIONS. 8.1. Compliance with Provisions of Declaration. Each Owner shall strictly comply with the provisions of this Declaration and the decisions and resolutions of the HOA as the same may be lawfully amended from time to time. Failure to so comply shall be grounds for an action against the noncomplying Owner to recover sums due and for damages or injunctive relief or both. The Action shall be maintainable by the HOA on behalf of the Owners or, in a proper case, by an aggrieved Owner, or because the provisions of this Declaration are imposed in part for the benefit of the County of Weld, by the County of Weld or its duly authorized representatives. The noncomplying Owner shall pay the reasonable attorneys' fees incurred in enforcing these Declarations. Failure by the HOA or by any Owner or by the County of Weld to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Weld County, Colorado, and any agency of the State government may also compel compliance of the obligations imposed hereby either jointly or severally upon each Lot Owner. 8.2. Amendment. This Declaration shall not be altered or amended from the form in which it is placed of record in the office of the Weld County Clerk and Recorder without the prior written consent of the Declarant and the then-record Owners of Lots 1, 2, 3, 4, and 5, of the development. Any such amendment adopted in accordance with this provision shall be recorded in the office of the Clerk and Recorder of Weld County, Colorado, and shall be effective only from the date of such recording. 8.3. Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, nor the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstance or circumstances shall not be affected thereby. Page 10 of 11 e . r 8.4. Number and Gender. Whenever used herein, unless the context shall otherwise provide, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused docummw�nt to be exe d by its duly authorized officers this 6L day of 00�71�Q.4J / f3 DEC .• SitAl'h`-OF COLORADO ) ,� • ss. &*IN TY OF WELD ) 4?1t kreg g }nstrument was aclmowle1ged before m t is day of YI�GI� `] by —f}� Witness my hand and official seal. My commission expires: io/i4/2-o erfAbatp-'FAA/4— Notary Public Page 11 of 11 ARTICLES OF INCORPORATION SANDRA'S VISTA HOMEOWNERS' ASSOCIATION, INC. (A NONPROFIT CORPORATION) The undersigned hereby signs and acknowledges, for delivery in duplicate to the Secretary of State of Colorado, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Colorado Nonprofit Corporation Act. Article I. Name The name of this corporation is SANDRA'S VISTA H RS' ASSOCIATION, INC. ("Association"). 44". Article II. Address The address of the principal office of this corporation will be 14761 Weld County Road 3, City of Longmont, County of Weld, Colorado 80501. Article III. Duration The duration of the Association shall be perpetual. Article IV. Purposes and Powers of Association 4.01 The Association shall operate the Community known as SANDRA'S VISTA, (also known as the Bohrer PUD) located in Weld County, Colorado, in accordance with the Declaration of Covenants of the Community, as amended, and the Colorado Nonprofit Corporation Act, as amended. 4.02 The Association shall promote the health, safety, welfare, and common benefit of the residents of the Community. 4.03 The Association shall do any and all permitted acts, and shall have and exercise any and all powers, rights, and privileges which are granted to the Community Association under the laws of the State of Colorado and the Declaration, Bylaws, Rules and Regulations, and other governing documents of the Association. 4.04 The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. Article V. Dissolution In the event of dissolution, all of the remaining assets and property of the Association shall, after necessary expenses thereof, be distributed to such organizations as shall qualify, under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Article VI. Nonprofit The Association shall be a nonprofit corporation, without shares of stock. Article VII. Membership Rights and Qualifications 7.01 The classes, rights, and qualifications and the manner of election or appointment of members are as follows: Any person who holds title to a Lot in the Community shall be a member of the Association. There shall be one membership for each Lot owned within the Community. This membership shall be automatically transferred upon the conveyance of that Lot. Voting shall be one vote per lot, and the vote to which each membership is entitled is the vote assigned to its Lot in the Declaration of the Community. If a Lot is owned by more than one person, those persons shall agree among themselves how a vote for that Lot's membership is to be cast. Individual co-owners may not cast fractional votes. A vote by a co-owner for the entire Lot's membership interest shall be deemed to be pursuant to a valid proxy, unless another co-owner of the same Lot objects at the time the vote is cast, in which case such membership's vote shall not be counted. 7.02 The members shall be of one class, Lot Owners who own Lots as defined in the Declaration. These Lot Owners shall elect all members of the Executive Board, following the period of Declarant control defined below. 7.03 The Declarant shall have the right to appoint all members of the Executive Board until the annual meeting held in the year 2004. The Declarant may relinquish the right at any time by providing the Board with written notice of such relinquishment. Article VIII. Registered Agent for Service and Address The initial registered agent of the Association shall be Kermit Bohrer at the registered address of 14761 Weld County Road 3, City of Longmont, Weld County, Colorado 80501. I consent to the appointment as registered a nt of this corp atio e it Bo er, Registered Agent Article IX. Executive Board The initial Executive Board shall consist of two persons, and this number may be changed by a duly adopted amendment to the Bylaws, except that in no event may the number of Directors be less than two. The names and addresses of the persons who shall serve as Directors until their successors shall be elected and qualified are as follows: O tclkn:b/bolatICC!OA-Mick,of Lco.petwi.t 2 I112519f REFERRAL LIST NAME: Kermit Bohrer CASE NUMBER: S-476 REFERRALS SENT: October 27, 1998 REFERRALS TO BE RECEIVED BY: November 18, 1998 COUNTY TOWNS and CITIES _X_Attomey Auk X_Health Department _Brighton _Extension Service _Broomfield Emergency Management Office _Dacono _X_Sherfh Office _Eaton Public Works:_X_Don Carroll_Ron Broda _Erie _Housing Authority _Evans Airport Authority _Firestone Building Inspection _Fort Lupton Frederick STATE Garden City _X_Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Department of Transportation _Hudson _Historical Society _Johnstown _Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) _Lochbuie _X_East of 1-25(Greeley) X_Longmont Division of Minerals/Geology X_Mead FIRE DISTRICTS Milliken _Ault F-1 _New Raymer _Berthoud F-2 _Northglenn _Briggsdale F-24 _Nunn _Brighton F-3 _Pierce _Eaton F-4 Platteville _Fort Lupton F-5 _Severance _Galeton F-6 Thornton _Hudson F-7 _Windsor Johnstown F-8 La Salle F-9 _X_Mountain View F-10 COUNTIES _Milliken F-11 Adams _Nunn F-12 _X_Boulder Pawnee F-22 Larimer Platteville F-13 _Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES _Poudre Valley F-15 _X_US Army Corps of Engineers _Raymer F-2 _USDA-APHIS Veterinary Service _Southeast Weld F-16 _Federal Aviation Administration Windsor/Severance F-17 _Federal Communication Commission Wiggins F-18 Westem Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER _Fort Collins Central Cob.Water Conservancy Dist. Greeley _X_Left Hand Water X_Longmont _X_School District re-1J _West Adams _Ginny Shaw(MUD) _Ditch Company COMMISSION/BOARD MEMBER X Fred Walker Nov-02-98 03:03P Left^Hand Water Dist 30A\530 5252 P.01 /41111411;;;;;\ Weld County Referral "R;. October 28, 1998 The Weld County Department of Planning Services has received the following item for review Applicant Kermit Bother Case Number S-476 Please Reply By November 18, 1998 Planner Eric Jermen Pitied Planned Unit Development Final Plan Legal Part of the 52 NE4 of Section 19, T3N, R68W of the 8th P.M.,Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately%mile north of State Hwy 66 Parcel Number 1207 19 000002 • The application Is submitted to you for review and recommendation. Any comments or recommendation you • consider raiment to this request would be appreciated. Please reply by the above listed date so that we me) 0. give fug consideration to your recommendation. Any response not received before or on this date may be °* deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) December 16, 1998 • ❑ We have reviewed the request end find that it does/does not comply with our Comprehensive Plan We have reviewed the request end find no conflicts with our Interests. ❑ See attached letter. Comments: signature Pc'et,1�- V 1 �� Date - Z - q d Agency —4„4 �r�.t� l� cider D: *Weld County PYroMp Dept *1400 N.17th Ave.Greeley,CO.80631 4(970)353.6100 enct.3540 •(970)352-6312 fax 11/02/98 14:28 TX/RX NO.3102 P.001 ■ . �.� r Planning! DMstcdt r l;0.1 C 21998 a 44 Weld County Planning e t , . ' REt 1� 1) 1� eld County Deferral + REV EI vED October 28, 1998 Co . RADO The Weld County Department of Planning Services has received the following item for review: Applicant Kermit Bohrer Case Number S-476 Please Reply'Sy $01011!Wit Planner '" Eric A Project Planned Unit Development Final Plan Legal Part of the S2 NE4 Adalian ittt8W,11M0N40ibf the 6th P.M.,Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately '/ mile north of State Hwy 66 Parcel Number 1207 19 000002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to thisrequest would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) December 15, 1998 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan tir We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature ? LA.SeeotAlt . Date tl Agency C ', X3 OF LA1, l110-1 *Weld County Planning Dept. 01400 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)352-6312 fax 11/13/1998 08:12 97053511 TOWN OF MEAD osk. PAGE 81 Weld County Referral a October 28, 1998 tiiii . `i The Weld County Department of Planning Services has received the following Rem for review: Applicant Kermit Bohrer Case Number S-476 Please Reply By November 18, 1998 Planner Edo Jarman Project Planned Unit Development Final Plan Legel Part of the S2 NE4 of Section 19,T3N, R68W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately 34 mile north of State Hwy 88 Parcel Number 1207 19 000002 The application is submitted to you for review and rec3 nlmendation. My comments or recommendation you consider relevant to this request would be appredalsc]> Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be daamed-t6 be a positive response to the Department of Planning Services. if you have any further questions regarding the application, please call the Planner associated with the request. • Weld County Planning Commission Hearing(If applicabl_) December 15, 1998 ❑ We have reviewed the request and find that it does/does not comply with our Comprehenslue Plan Are We have reviewed the request and find no conflicts with our interests. See attached letter Comments: • Signature 1 A yet,, / V�1 �'i' , ' Date ( � Agency )rr1 r 1 4 -Au V •VWd County PNnMnq Dept. *1400 N.17th Ave.Greeley.CO.80831 8(970)3534100 eed3840 4070)3524312 tc • • • 11/13/98 11:15 TX/RX NO.3327 P.001 1111 E iC a � 1 , ,. It cr 1 /eld County Referral ; tit October 28, 1998 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Kermit Bohrer Case Number S-476 Please Reply By November 18, 1998 Planner Eric Jerman Project Planned Unit Development Final Plan Legal Part of the S2 NE4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately %mile north of State Hwy 66 Parcel Number 1207 19 000002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation Any response not received before or on this date may be r deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) December 15, 1998 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature �9 Date. /2 0 2 / cC t' I_AV Agency rt +Weld County Planning Dept. 01400 N.17th Ave.Greeley,CO.60631 0(970)353-6100 ext.3540 6(970)352-6312 fax er ,i e r `MEMO RA ' It 1"(?: Eric, tan,W.C. Planning DATE: 1998 s\ AMa�e FROM: f or Jiricek, W.C. Health r W J County Planning Dept. 3. { ,,, '. CAs t l.; 8-476 NAME: , a 111 I t 14 4 t 41, DEC 01 1998 ` ` "ED The Weid County Health DeplrlriSilthas reviewed this proposal. The submitted materials toothy to pi substantially the same to were submitted for the "change of zone". As a rasa our cemmentsare identical to thosetheereeprevkneely submitted. The application has satisfiedsalisflidPLIDatenance No. 197 in regard toVireter and sewer service. Water will be provided bybrthelitol4Peak Water District and sat be pmvided by individtol sewage disposal ay± Minimum proposed late*(2.5 acres) and the oversell density of horhes Per nab 11 ThOMe per 7.3 acres) Se*curre t Department Paioy The application materials appear to adequately addressed all otthe potential acts described in the PUD Ordinent0 '• IdditiOn, after considering ,� d cite, at this time, our stag` is stare:al ;" p i environmental ' l'risks that this proposed develoPment mfly:p'ppe may represent an in rlibrplltert tal'impact or risk br excess of other alrt+tibtr ' • This site appears to be iodated inlenesly an agricultural area. It is surrounded by open agricultural fields, some efivrikti may be used as b application sites. However, there are several`last y nts in the oaf the Site. Many of these►homes have livestock vita but may not be limited and horses. It is our opinion that any future should be made mode tat*agricultural uses exstst and that they may be b , to dust,flies, odors,etc.itn OS*sd e't to common urban experience. As a reSlt, OdotoOMMend that the "RigM to Finn" covenant be required to be placed on arty recalidtid plat. In the event that you find the application to be complete,live d that the following conditions be a ptrtof . , pproval: 1) The applicant shall obtainotiteMwateitliervice from the Longs Peak Water 2) In the event that during con on aid acres of the site i rillatirbed, the applicant shall obtain a d petit from the Water Cool Division of the Colorado Depa 44f ' e c PiSeith and the Environ ' Bohrer, Kermit Page 2 3) In accordance with the application materials, individual sewage disposal systems are required for the proposed residential lots and shall be installed according to the Weld County Individual Sewage 4DisposalRegulations. 4) The application materials indicate plans for a multiple use trail around the perimeter of the proposed site. Any manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. Trail maintenance shall include removal of manure in a manner that will prevent nuisance conditions. Please note: The Weld County Health Department, Environmental Protection Services recommends alternative strate ies regarding water conservation and waste minimization. Considerations such as xeris ping, low flow water fixtures, backyard composting and recycling are a few options available to home owners. We also recommend that preliminary radon mitigation measures be incorporated in the construction of new homes. Radon kits are available in Our office. Please contact our Department for further information. tj/1132 r WCaFti tV E19 A,4, Weld County Planning DeWeld County Referral NeV-i a 1998 October 28, 1998 co �L A "' RECEIVED •The Weld County Department of Planning Services has received the following item for review: Applicant Kermit Bohrer Case Number S-476 Please Reply By November 18, 1998 Planner Eric Jerman Project Planned Unit Development Final Plan Legal Part of the S2 NE4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately 4 mile north of State Hwy 66 Parcel Number 1207 19 000002 The application is submitted to you for review and recommendation. My comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Pianning Commission Hearing (if applicable) December 15, 1998 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature y . � Date djn/far Agency "s�ys.,.a+A C *Weld County Planning Dept.o 01400 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)352-6312 fax NOW Longmont Soil Conservation District 9595 Nelson Road, Box D-Longmont, CO 80501 -(303)776-4034 November 16, 1998 Weld County Planning Dept. 1400 N. 17th Ave. Greeley, CO 80631 Attn. Eric Jerman RE: Bohrer PUD S-476 Dear Board We have the following concerns with this application. SOILS RESTRICTIONS Prime farmland (27) Heldt Other restrictions are addressed in application and are in agreement with our review. OTHER CONCERNS : They plan to have the common open space in native grasses but do not include an actual grass seeding plan in the application. we request the chance to review the proposed grass seed mix to insure an acceptable grass seed mix for the site. 02, . a, , Longmont Soil Conservation District CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT r n STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources we 1313 Sherman Street,Room 818 * GTO N± Denver,Colorado 80203 November 5, 1998 `'B". Phone(303)866-3581 FAX(303)866-3589 Mr. Eric Jerman co Rmoer Weld County Planning Dept. Weld County Planning Dept. James S.Lochhead 1400 N. 1 r Ave. Executive Director Greeley, CO 80631 NOV 1 6 1998 HallD"imp ohrer RE: S1/2NE /4Section1 RECEIVED S1/2 NE1/4 Section 19, T3N, R68W, 6th P.M. Water Division 1, Water District 4 Dear Mr. Jerman: We have received the above referenced proposal to divide 36.622 acres into 4 residential lots, one agricultural lot with a building envelop for a future home, and an open space outlot. The proposed water source is Longs Peak Water District, however, a letter of commitment was not submitted. As required in Section 30-28-136(1)(h)(II), C.R.S.; a municipality or quasi-municipality, upon receiving the preliminary plan designating said municipality or quasi-municipality as the source of water for a proposed subdivision, shall file, with the board of County Commissioners and the State Engineer, a statement documenting the amount of water which can be supplied by said municipality or quasi- municipality to proposed subdivision without causing injury to existing water rights. To expedite the evaluation of the water supply for the subdivision, a water supply report or statement should include a summary of water rights owned or controlled by the District, the yield of these rights both in an average year and a dry year, the present demand on the system and the anticipated demand due to commitments for service entered into by the District, and the amount of uncommitted firm supply the District has available for future development. A report of this nature has not been submitted to this office. The "Water Supply Information Summary"form which was provided to the county along with the State Engineer's August 7, 1995 letter was not included with this submittal. As stated in the State Engineer's letter, this form is required to be submitted along with each subdivision referral in order for our office to respond to the county. Based upon the above and pursuant to Section 30-28-136(1)(h)(II), it is our opinion that the District has not submitted sufficient evidence documenting that the proposed water supply can be provided without causing injury to existing water rights. Should you have any questions, please contact Heidi Frey of this office. Sincerely, S id• Kenneth W. Knox Assistant State Engineer CC: Richard Stenzel, Division Engineer Water Supply Branch Longs Peak Water District KWK\HCF:word\bohrer 10 RECEIVED OCT 2 9 1999 WELD COUNTY • PUBLIC WORKS DEFT Weld Coun n to !oun4' ej Referral Nov 1 1998 tit CEO/ED October 28, 1998 O v CO RAD The Weld County Department of Planning Services has received the following item for review: Applicant Kermit Bohrer Case Number S-476 Please Reply By November 18, 1998 Planner Eric Jerman Project Planned Unit Development Final Plan Legal Part of the S2 NE4.of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately %mile,north of State Hwy 66 Parcel Number 1207 19 000002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed tote a positive response to the Department of Planning Services. If-you have any further questions regarding the'application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable), December 15, 1998 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ASee attached letter. Comments: Signature Date 'I — -c/a Agency pA.lib f1444111/4.4 LA� +Weld County Planning Dept. 01400 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)352-6312 fax EMO A so Et '` a it ! TO: Eric Jarman, Current Planner DATE:November 13, 1998 h I i FROM: Donald Carroll, Engklearing Administrator 0414 • i SUBJECT: S-476; Kermit Bahrer�aI Plan) SI Ll i' a ' ti I 'l The Weld County . ; w - n4ent has reviewed this `p This project primatily falls under the purview of thesokor*# ;N Standards. Our requinerrierillaliae as follow*: llt 1. �'ibitsdls: S' tMCe an Internal road system with access to VCR 1 (County Line Road). a s� ei and no circle drives we be : #. 2. Adage, It 1 of the Planned Unit Development all prnentswill be served by an its ! �tm according to Weld Coun'tyKll , , sres. Arig exception to paving far in a non--.ban area may be the Diraetoy"of Planning Services. A, The i tt a 22-foot graver access roan with' foot shouldwrs and eight inches of exceedsthe minirrhum ate miner subdivisions. 3. Storm wow The storm water drainage p 1 n modified to accommodate the ra age. I have checked and thecakus submitted by Rocky k,, report was accomnpahild ' document " ich Was signed by a J 4. Ira �. #7.3.8 requires the applicant ac mpieta an Improvements Agreement Awarding r ox;t r ` 41 1 for�Improvements. This needs to be Submitted for approval l S A a • shall be placed at the locaMtien at the intersection of 1 5. S tr*°� i'ft . Uned)• cct.. plan 14 Weld County Manning Dept. NOV 161• ; : r tECEIV D it ld County Referral Weld County Planning [ i O tj/ • NOV 1 6 1998 October 28, 1998 COLORADO. RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Kermit Bohrer Case Number S-476 Please Reply By November 18, 1998 Planner Eric Jerman Project Planned Unit Development Final Plan Legal Part of the S2 NE4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 1 and approximately '/:mile north of State Hwy 66 • Parcel Number 1207 19 000002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request Would be appreciated. Please reply by the above listed date so thatwe may •t give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) December 15, 1998 CI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan d� Wey have reviewed the request and find no conflicts with our interests. 15 See attached letter. Comments: Signature r -- D✓ �c)\ \ Date k 1 _ `a_Sa Agency CYN; .V:ew �,ce 'C )� .C± +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 0(970)352-312 fax MOUNTAIN VIEW FIRE PF,.JTECTION DISTRICT Administrative Office: ��Jt' f 9119 County Line Road•Longmont, CO 80501 i (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 November 12, 1998 Mr.Eric Jerman Weld County Planning Department 1400 North 17th Avenue Greeley,CO 80631 Dear Mr. Jerman: I have reviewed the submitted material pertaining to the final development plans for the Bohrer, located north of Highway 66 and adjacent to Weld County Road 1. The Fire District approves of the plans based on the following comments and stipulations: • Buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and the 1994 Edition of the Uniform Building Code, as enforced by Weld County. • The water system must be designed for a minimum fire flow of 500 gallons per minute, measured at a residual pressure or 20 pounds per square inch. Dead-end waterlines may not be less than 8-inches in diameter. The water supply analysis and final utility plans must be provided to the Fire District for review and approval prior to the installation of waterlines. • All fire hydrants, water mains and access roads must be approved before construction may begin on any lot. Fire apparatus access must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds)and must have a.surface that provides all- weather driving capabilities. • All plans for fire sprinkler systems must be reviewed and approved by the Fire District prior to installation. At least two copies of plans must be submitted for review. Submittals must include specifications on all devices to be installed and the State plans registration form. • Street intersections must be marked with signs showing the street name and address range. If standard street signs are used, then the signs do not need to be submitted to the Fire District for approval. If non-standard street signs are used,the signs do need to be submitted to the Fire District for approval. • All buildings within the subdivision, including single-family residences, shall have a legible address that is clearly visible from the street fronting the property. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 888 P.O.Box 40 Longmont,CO Longmont.CO 299 Palmer Ave. 8500 Niwd Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 00504 Mead,0080542 Niwot,C080544 80026 Edo,0080516 Dacdw,C080514 Mr. Eric Jerman November 12, 1998 Page Two • The Fire District reserves the right to make further comments as development proceeds. Should changes be made to the plan, additional review and comment by the Fire District will be necessary. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions,please contact me at(303)772-0710. Sincerely, (� LuAnn Penfold Fire Marshal LMP/lp cc: Roger Vigil,Weld County Building Department Kermit Bohrer, 14761 Weld County Road 3,Longmont,CO, 80501 project file file Ip11.15.98 tak, Longmont Soil Conservation DlMrkt 9595 Nelson Road, Box D-Longmont, CO 80501-(303)778-4034 March 4, 1999 Kermit Bohrer 14761 WCR 3 Longmont, CO 80504 Dear Mr. Bohrer We have looked at your property and determined that the nth brome grass stand that is presently established is adequate to mett our erosion control requirements. we are in agreement with you . grass plan. Sincerely .4-t•-7,..a-uJi ).. .._1 i c o. Longmont SCD CONSERVATION • DEVELOPMENT - SELF-GOVERNMENT enS STATE OF COLORADO OFFICE OF THE STATE ENGINEER c. Division of Water Resources .m- Department of Natural Resources • 1313 Sherman Street,Room 818 • CO *' Denver,Colorado 80203 *inn•-' Phone:(303)866-3581 FAX:(303)866-3589 Bill Owens March 1, 1999 Governor http://water.state.co.us/default.htm Greg E.watcher Weld County Planning Deecutive Director Mr. Eric Jerman Hal D.Simpson,P.E. Weld County Planning Dept. state Engineer 1400 N. 17t Ave. 04 1999 Greeley, CO 80631 vs 4 in RE: Bohrer P.U.D., S-476 V S1/2 NE1/4 Section 19, T3N, R68W, 6th P.M. Water Division 1, Water District 4 Dear Mr. Jerman: We have received additional information for the above referenced proposal to divide 36.622 acres into 4 residential lots, one agricultural lot with a building envelop for a future home, and an open space outlot. The proposed water source is Longs Peak Water District (District) and a letter of commitment for service has been submitted. The District will supply treated water to the development. As a condition of activation of the taps, the applicant must transfer 5 units of Colorado-Big Thompson raw water (1 acre-foot per residential unit), administered by the Northern Colorado Water Conservancy District, to Longs Peak Water District. One acre-foot of water per lot will allow for use within 1 single-family dwelling, the watering of up to 4 large animals, and irrigation of 13,000 square feet of lawn and garden. The water supply information summary states that lawn irrigation will be provided by Highland Ditch. Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with the Longs Peak Water District serving the proposal, the supply is expected to be adequate. Should you have any questions, please contact Heidi Frey of this office. Sincerely, Kenneth W. Knox Assistant State Engineer CC: _ Richard Stenzel, Division Engineer. _. Water Supply Branch Longs Peak Water District KWK\HCF:word\bohrer MAR-01-1999 13:10 0,,,EIV WATER RESOURCES 303 866 3589 P.02,03 /", STATE OF COLORADO OFFICE Of THE STATE ENGINEEJ Division of Water Resources _ +, Department of Natural Resources 1313 Sherman Street,Room 818 aPM Denver,Colorado 80203 �r.t. Phone:13031866-3381 FAX:003)866-3589 March 1, 1999 sill hap l/water.ttate.cn_uNdefaulthtm Greg t.WatcherDirector Hal D.Simpson Kt.Mr. Eric Jerrrren salt Engineer Weld County Planning Dept. 1400 N. 17°1 Ave. Greeley. CO 80631 RE: Bohrer P.U.D., S-476 S1/2 NE1/4 Section 19, T3N, R66W, 6'"P.M. Water Division 1,Water District 4 Dear Mr. Jarman: We have received additional information for the above referenced proposal to divide 36.622 acres into 4 residential lots, one agrlcult ral'bt with a building envelop for a future home, and an open space outlet The proposed water source is Longs Peak Water,District(District)and a letter of commitment for service has been submitted. The District will supply treated water to the development. As a condition of activation of the taps, the applicant must transfer 5 units of Colorado-Big Thompson raw water(1 acre-foot per residential unit), administered by the Northern Colorado Water Conservancy District, to Longs Peek Water District One acre-foot of water per lot will allow for use within 1 single-family dwelling, the watering of up to 4 - large animals. and Irrigation of 13.000 square feet of lawn and garden. The water supply information summary states that lawn irrigation will be provided by Highland Ditch. Pursuant to Section 30-28-136(lxhxil), C.R.S., the State Engineers Office offers the opinion that the proposed water supply will not cause material Injury to existing water rights, and with the Longs Peak Water District serving the proposal, the supply is expected to be adequate. Should you have any questions, please contact Heidi Frey of this office. Sincerely, Kenneth W. Knox Assistant State Engineer CC: Richard Stenzel, Division Engineer Water Supply Branch Longs Peak Water District KWK\HCF:wordlbohrer 03/01/99 13:0S '\X/RX NO.4730 P.002 MAR-01-1999 13:10 DIV WATER RESOURCES 303 866 3589 P.03,03 I 1 STATE OF COLQRAI�O A. OFFICE OF THE STATE!Nat= w-„v., Dhesion et Water Resources * ' . r.. Department of Natural Resource �{[ )�y'�'} 1313 Sharron bar,Roam 81 a - " "• • Os,Calends NMI +-�< Phone(303)a66-3561 FAX(30331666-3569 January 5. 1999 Rat Soso. Carder tsrrur A Lockheed Todd Hodges, Planner Beeuwerra:58r Weld County Planning Department MS D.Simpson 1400 N. 17" Ave. St"suerer Greeley, CO 80631 Re: Solver PUD, S-476 See. 19. T3N, R68W, 6TH PM W. DIvlsion 1,W. District 6 Dear Mr. Hodges: We have reviewed the additional information submitted regarding above referenced proposal to subdivide a 38.622-acre parcel Into 4 residential lots, one agricultural lot with a building envelope for a future home and an open space outlot. The source of water supply is to be the Longs Peak Water District and a letter of commitment was submitted. Also submitted was a statement from the District documenting the amount of water that can be supplied without causing injury to existing water rights. Pursuant to Section 30-26-136(1)lh)llf), C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with the Longs Peak Water District serving the subdivision, there is expected to be an adequate supply. If you.have any questions in this matter, please contact Megan Sullivan of this office. Sincerely, 7L--w`� t- ,t>- Kenneth W. Knox Assistant State Engineer cc: Richard Stenzel, Division Engineer • Water Supply Branch Subdivision file file KWK/MWS/BoherA.doc TOTAL P.03 03/01/99 13:08 TX/RX NO.4730 P.003 1 : , ,.i , ' MEMORANUM I, ez N, TO: Eric Jerman, Current Planner DATE: January 7, 1999 t, t I FROM: Donald Carroll, Engineerir�Administrator l: t 4fl SUBJECT: S-478; Kermit Borher,Fin*PUD Improvements Agreement ) The Welds 1rfi,,4,a . 'ubtiWorks c nrtment has reviewed the Improve ; nts Agreement According Policies Regarding 4 for Imp (Private Road Maintenance) and the following comments: I have a `• r Ron, n of Exhibit(A) regarding street g ing, street base, and road culverts. &r rsa ." Quantities � �d per the ply drawing. Estimated const on costs appear to be adequate for all three ' '; " 7 no conflict ict` i the transportation construction cost "-timates. 5 cc: S-478' plant I'i w osi County Planning Dept. i JAN 0 81999 i at CEIVED 14 i i j f i 4 JAN-07-1999 08:22 DIU WATER RESOURCES 303 866 3589 P.02/02 or" Arty STATE OF COLORADO OFFICE OF THE STATE ENGINEER -Division of of water Rewurces k. Department of Natural Resources 1313 shaman Street,Rope 818 • Denver,Colorado 80203 i s,. Phone(303)866-3381 • FM(303)866.33e8 January 5, 1999 Roy Romer Governor S.Lodthead Todd Hodges, Planner James oso Weld County Planning Department HS D.Sampan 1400 N. 1, Ave. Stew Engineer Greeley, CC) 80631 Re: Rohrer PUD, 8-476 Sec, 19, T3N, R66W. 8TH PM W. Division 1, W. Musa 5 Dear Mr. Hodges: We have reviewed the additional Information submitted regarding above referenced proposal to subdivide a 36.022-acre parcel into 4 residential lots, one agricultural lot with a building envelope for a future home and an open space outlot. The source of water supply is to be the Longs Peak Water District end a letter of commitment was submitted. Also submitted was a statement from the District documenting the amount of water that can be supplied without causing injury to existing water rights. Pursuant to Section 30-28-13611)(h)111), C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights. and with the Longs Peak Water District serving the subdivision, there is expected to be an adequate supply. If you have any questions in this matter, please contact Megan Sullivan of this office. Sincerely, { lD. Kenneth W. Knox Assistant State Engineer cc: Richard Stenzel, Division Engineer Water Supply Branch Subdivision file file KW K/MAS/BoherA.00c TOTAL P.02 01/07/99 08:23 TX/RX NO.3995 P.002 (St\ STA ,Qtv ,,6ZADO OFFICE OF THE STATE ENGINEER of_c, Division of Water Resources 1 Department of Natural Resources JAN „� _ 1313 Sherman Street,Room 818 - • f: i Denver,Colorado 80203 Frey rw+tr ip_ ■`� � *Ion. + Phone(303)866-3581 RKl ■C C 1■ v FAX(303).866-3589 January 5, 1999 Roy Romer Governor JameTodd Hodges, Planner Exec: ve Director Executive Director Weld County Planning Department Hal D.Simpson 1400 N. 17th Ave. State Engineer Greeley, CO 80631 Re: Bohrer PUD, S-476 Sec. 19, T3N, R68W, 6TH PM W. Division 1, W. District 5 Dear Mr. Hodges: We have reviewed the additional information submitted regarding above referenced proposal to subdivide a 36.622-acre parcel into 4 residential lots, one agricultural lot with a building envelope for a future home and an open space outlot. The source of water supply is to be the Longs Peak Water District and a letter of commitment was submitted. Also submitted was a statement from the District documenting the amount of water that can be supplied without causing injury to existing water rights. Pursuant to Section 30-28-136(1)1h11111, C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with the Longs Peak Water District serving the subdivision, there is expected to be an adequate supply. If you have any questions in this matter, please contact Megan Sullivan of this office. Sincerely, Kenneth W. Knox Assistant State Engineer cc: Richard Stenzel, Division Engineer Water Supply Branch Subdivision file file KWK/MAS/BoherA.doc • , , n n � I MEMORANDUM DATE: December 15, 1998 TO: Kermit Bohrer FROM: Scott Toillion, Planning Specialist RE: Cash-in-lieu agreement - Bohrer PUD Enclosed is the standard agreement for Weld County developments that stipulates the cash-in-lieu requirements. This development would be required to pay the $427 fee per unit prior to the issuance of a building permit. The note to be placed on the plat is as follows: "No building permit shalt be issued by the County or any other local government for construction of any new residential dwelling within this plat until the applicant shall first supply the local government building department with a verified document signed by a representative of the St. Vrain Valley School District RE-1J which states that the obligation to pay a cash in-lieu of land dedication fee has been accomplished". Please provide a legal description .that can be attached as Exhibit A and sign the attached copies. Please also verify that the Developer name in the agreement is correct. Once this is accomplished along with the placement of the note on the plat all District concerns will be satisfied. Thank you for your cooperation on this project. Please let me know any questions you may have. cc: Bob Moderhak, Assistant Superintendent for Auxiliary services Eric Jerman, Weld County Planning Department • /'1 Nm SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS KERMIT BOHRER S-476 Joseph and Agnes Drieth 14850 WCR 1 Longmont, CO 80504 Christopher Henson 14506 WCR 1 Longmont, CO 80504 Rory Wilson 14488 WCR 1 Longmont, CO 80504 Roland Knibbs Opal Trustees 14484 WCR 1 Longmont, CO 80504 Byron and Yvonne Marsh 14492 WCR Longmont, CO 80504 Bruce and Ada Harris 14480 WCR 1 Longmont, CO 80504 Ester Rasmussen 14438 WCR 1 Longmont, CO 80504 Larry and Nancy Stoakes 14380 WCR 1 Longmont, CO 80504 Robert and Dorothy Rasmussen 14376 WCR 1 Longmont, CO 80501 Velma Post P.O. Box 6082 Longmont, CO 80504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-476 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 29th day of October, 1998.Wad Wendi Inloes a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 11 GREELEY, COLORADO 80631 III CO I ' ADO October 27, 1998 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: S-476 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 15, 1998, at 1:30 p.m., in Room 104, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of. NAME: Kermit Bohrer REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the S2 NE4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 1 and approximately Y:mile north of State Hwy 66. For a more precise location, see legal. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Eric Jerman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. ATTACHMENT 8 Affidavit of Interest Owners of Surface Estate n • PROPFRTY OWNERS WITHIN 500 FEr Please print or type NAME MAILING ADDRESS CITY/STATElZIP CODE ASSESSOR'S PARCEL IDENTIFICATION Oriet'I Joseph Ca Agnes J 14850 Weld Co. Rd. 1 Longmont Co. 80504 120719000093 3ohrer Kermit O. 14761 Weld Co. Rd 3 Longmont Co. 80504 120719000091 Henson, Christopher 9. 14506 'Weld Co. Rd. 1 Longmont Co. 80504 120719000003 Wilson, Rory R 14488 WCR 1 Longmont, Co. 80504 120719000006 {nibbs Roland F S Opal F Tr[tstees 14484 WCR 1 Longmont, Co. 80504 120719000007 Marsh 3vron L c vvonne SC Marsh 14492 WCR 1 Longmont Co 80504 120719000075 aar^4s 3r..ca c Ida * 14480 WCRl Longmont Co. 80504 120719000076 Rasmussen ?ster. (Life ,stl 14438 WCR 1 Longmont Co. 80504 120719r00008 Stoakes Larry c 'Tancv m '4380 WC41 ronamont Co 80504 120719000031 ca5mnisgan "nhe•-,- I c r+nrnt'.v 14176 WC41 r.oramnnt. ro. 90501 I70715000010 'net '•alma S m 0 mow 6052 Longmont ro 505049614 120719000009 ATTACHMENT 9 Affidavit of Mineral Owners and Lessees (41 BOHRER CHANGE OF ZONE APPUCATION AFFIDAVIT OF MINERAL OWNERS AND MINERAL LESSEES • Subject Property: Township 3 North. Rance 68 West 6th P.M.. Weld Counts,. Colorado • Section 19: S''NW%, TOGETHER WITH easement for ingress and egress over and across the South 12 feet of the S%NW%of said Section 19, located West of the West bank of the existing North-South drainage ditch: EXCEPTING THEREFROM a tract of land conveyed by deed recorded February 4, 1959 in.Book 1524 at Page 2, being more particularly described as follows: That portion Of the S'/aNWY located East of the West bank of the existing North-South drainage ditch, and more fully described as follows: BEGINNING at a point on the South line of the NW A of said Sec. 1'9 from which point the West Quarter corner of Sec. 19 bears S. 89'16' W. 671.5 thence N. 89'15 E. along the S. line of said NW%, 1928.5', thence N. 0'6' E 1323.8' along the E line of said NW1A to the NW comer of the S'%NW%; thence • S. 89'11'W 1283.41 along the N. line of the S'/aNW/; thence S. 30'02' E. 323.6'; thence S. 23652' W. 98.6'; thence S. 3'39' E 317.6'; thence S. 21'44' W. 40'; thence S. 50'18'W. 932'; thence S. 62'42' W. 84.4'; thence S. 78'54 W. 313.8'; thence S. 39'49' W. 324.4'; thence S. 31'34' W. 221.3 ', more or less, to the POINT OF BEGINNING, and The S. 12' of the S%NW%of said Sec . 19, located W. of the W. bank of the existing North-South drainage ditch. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the tract indices and computer title chains of Transnation Title Insurance Company of Greeley, as posted through March 9, 1998 at 7:45 a.m. Mineral Owners • Leasehold Owners Kermit O. Bohrer-Und. 90% (applicant) (Unleased) 14761 WCR3 Longmont, CO 80504 • Christopher 8. Henson-Und. 10% (applicant) 14506 WCR 1 Longmont, CO 80504 William G. Crews Certified Professional Landman#3477 Subscribed and sworn to before me by William G. Crews this this 20th day of March , 1998. My co mission expilAs: --mttary Bu Ic FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello