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Home My WebLink About952066.tiff We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. Dated this 18th day of July, 1995. Name: p /�� A A . k ?Gvyy�,ten. A. 1 /R ,„ii'.,r,., Address: A S 3_Z - LAC r fl n 0...10 re v t T D Name: �j M4.0 .W c 5 ker j (pL %per, 1-4. Address: V4(o � See,t}SUit-�-4- C0w-+ 0 J. EXHIBIT \ E III + ex i1t b1. ` E 952 e66 Name: caiej litincLi n Address: qS 2 C 1 A. ?711,a..0 AQi( . Name: t R.0429.1- IGn-• Address: � (n"u-...) eRaA-- It Name: ,' o 'L� min. iU C-t_, Address:1/67(et6 hhlii, .g.utigi, ah/,�t�� ,ed J Name: aec.c-wtt pcc+iliwt.n..2 Address: 5i$& G - o&4 n-i-c ct w,J el- k c to . )11 Name. itaL6jr 11,,l i'�l it p�Address: gcti I D/)7h <cok of (flit 'XJi"� Name: � --JI Address: 4 Ler u 5cu t,LA, Ca Name: `n.. LY(,CiP,t ` Address: )Li S Afkhi ( Name: Address: Name: Address: Name: Address: 952066 We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. / Dated this 18th day of July, 1995. Name: c/ 7„.„ -�, Address: yX V — C Name: JCn _ Address: L/`i 3 (? Act 5Se vif 952966 We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. Dated this 18th day of July, 1995. Name: 1 Address: fat 4s, dar. A Name: '��c�'�y ��k� a71- '2t %lX -I/ Address: 1-f 13 gi < as,1 A. t L-a n j32 -. 4 '1 V 952066 ' We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. Dated this 18th day of July, 1995. Name: // Address: 6/G .g/ (]aS a �-oCe Pr Name: '��/i!-l�/� Address: Yda�t I ,J c4a7ncic.,(714 952066 1 We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. Dated this 18th day of July, 1995. Name: ix tr.__ Address: ;"L�J- 1.-Akr net c,ah t rt /) 9 Name(—,` ` Address: `i6Q0 Cca ( antj,+mk Q 952066 Name: C/ f , - Addr ss: �D�J Name: YC .%]I A p.___ -1-1 Address: o 454 &i , 4) oco Name: /W Ile ( - Address: 7&6--- Secs 5l Ltc - c `f- , Q0 (n 3 L/ Name: 4cA-c-r91-Lic,,- 74.irr - Address: Ade/Sl , ,7, /crc G,.�f }-71 Ca3/ Name: j [/ (?.A Address: ek- 5 .5^/ GCYr4 19i-t f ta' 4 �o (.F/y Name: Address: JL` , d- WC( Name: ��.�✓lfar Q 23,.4,1n-A-r/- Address: Y S r l Ct9t2/2 ,a j�tr� x.: F06 3 c/ Name: Address: 5 1t,vt �.a . 1 ( 71--• 8-0 C _lit Name: i] 4/ Address: "4 YJ 0-2<s8q,\ /31. 80(7o" Name: R6C i Sro4C- Address: 'Yni3-- (AeAsS i3 BEX'] L 952066 1 We the undersigned are residents of Arrowhead South and hereby object to the zoning of the area known as West Hill-N-Park Fourth Filing on the following grounds: 1. Improper notice was giving to area residents. 2. Residents were notified late, and in some cases, not at all. 3. The public notice sign located at the intersection of 47th Ave. and Mesa Verde Drive was taken down prematurely. 4. Baessler Construction made promises of construction of only single-family frame homes. 5. Baessler Construction claimed exclusive rights to the construction in the area known as "Arrowhead South" or "West Hill-N-Park. 6. As a selling tool, Baessler Construction made promises of the area known as Hill-N-Park not moving any further west towards Arrowhead South. 7. There is concern of property values declining due to the zoning of modular homes adjacent to Arrowhead South. 8. There is concern of overcrowding in the area. 9. Residents of Arrowhead South would like the opportunity to seek legal counsel. Therefore, the undersigned residents of"Arrowhead South" hereby request for continuance of the zoning of the area known as "West Hill-N-Park" in order to receive proper legal counsel and representation to protect their financial interests. Dated this 18th day of July, 1995. Name: Ain r 6014 Address: gerOr CMS t U? 060351 Name: Address: 952966 • EXHIBIT r � AGREEMENT FOR ENGINEERING SERVICES • RELATING TO THE CITY OF EVANS. COLORADO • THIS AGREEMENT is entered into this 4th day of April, 1995, by and between the CITY OF EVANS, A MUNICIPAL CORPORATION (hereinafter referred to as "OWNER") and Zoyiopoulos and Associates, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the OWNER requires engineering services for the following described project: Design of 8 inch water line to the Arrowhead Subdivision, and • WHEREAS, said engineering services are to include (1) reconnaissance type surveys, (2) Detailed engineering and surveying (3) Plans and specifications preparation, and (4) other such engineering services that may be required in the scope of services for this contract; and WHEREAS, ENGINEER did submit a proposal for said engineering services for said project, which proposal, has been accepted by the OWNER and is detailed as the Scope of Work in this Document. NOW THEREFORE, in consideration of the mutual covenants and stipulations hereinafter set forth, it is agreed as follows: • The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to the OWNER during the performance of his services defined as follows: 1.0 SCOPE OF WORK The proposed waterline extension will connect the existing City of Greeley waterline on 65th Avenue (south of State Highway 34) to the existing waterline in Arrowhead Subdivision located in Weld County. The proposed waterline will be located along 65th Avenue and travel south to 37th Street, then east along 37th Street to Arrowhead Drive and then south along Arrowhead Drive to the existing waterline. The approximately total distance will be 6055 lineal feet. The following is included in the work: 952066 legal exposure to ENGINEER, or to ENGINEER'S independent professional associates or consultants. 3A Any-such verification or adaptation (by the ENGINEER) will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 4.0 BASIS OF COMPENSATION 4.1 The OWNER shall compensate the ENGINEER for the Scope of Work previously described based on the not-to-exceed amount payable upon completion of the project. A. Project Cost: $16,500.00 Design of 8 inch water line Arrowhead Subdivision TOTAL $16,500.00 5.0 ADDITIONAL SERVICES be provided if Additionalrservices not identified in the Basic Services the OWNER and compensated ed based on authorized or confirmed in writing by the following hourly rates: $70.00 Principal Project Engineer $60.00 Engineering Technician $45.00 C.A.D. Specialist $45.00 Three Man Survey Crew $70.00 Two Man Survey Crew $6000 Clerical $15.00 Mileage $.35 /Mile 6.0 TIME 6.1 The ENGINEER shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and orderly progress of the work. 952066 / '' 6.2 Upon request of the OWNER, the ENGINEER shall submit for the OWNER'S approval a schedule for the performance of the ENGINEER'S services which shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time required for the OWNER'S review and approval of submissions and for approvals of authorities having jurisdiction over the Project. 7.0 TERMINATION 7.1 The obligation to provide further services under this Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2 In the event of any termination, the ENGINEER will be paid for all services rendered to the date of termination. 8.0 INSURANCE 8.1 The ENGINEER will maintain in full force for the duration of the Project Professional Liability Insurance and Workmen's Compensation Insurance of reasonable minimum amounts and will provide the OWNER with certificates of insurance for the above mentioned policys. 9.0 SUCCESSORS AND ASSIGNS 9.1 The OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and ENGINEER (and to the extent permitted by paragraph 9.2 the assigns of the OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 9.2 Neither the OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent professional 952066 associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. 9.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and ENGINEER and not for the benefit of any other party. This Agreement and the terms as outlined above represents the entire understanding between the OWNER and the ENGINEER in respect to the Project and may only be modified in writing signed by both parties. ATTEST.": OWNER City of Evans OP / I %, Ili a , (ANL r 7 . . . , i 1�_ Kim Betz, City Clerk , Dallas D. Greenfield, Mayor APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: R s A son, City Attorney Mi ael S , City Manager r ATTEST: ENGINEER Zoyiopoulos and Associates, Inc. Authorized Signator: Robert Zoyiopoulos rC Principal Engineer 952066 PETITION/REQUEST OF THE WELD COUNTY COMMISSIONERS AUGUST 21, 1995 We,the home and property owners(herein called"owners")of West Hill and Park Third Filing(herein called "Third Filing"), also known as Arrowhead South, wish to request a suspension of County approval for the new development being called West Hill and Park Fourth Filing(herein called "Fourth Filing") until: 1) the area has completely met the requirements of the Weld County Comprehensive Plan; and 2)the area has been clearly shown to be compatible with the West Hill and Park Third Filing, which would include the involvement and recognized input of the owners. OUR CONCERNS ARE AS FOLLOWS: Incompatibility with Comprehensive Plan: - The Weld County Comprehensive Plan calls for "accomplishing the coordinated, adjusted;ind harmonious development of Weld County" (P 1, par 3). The development being prosed changes the covenants to allow mobile and modular homes up to eight years old to be placed on this property. This is in significant contrast to the Third Filing's Covenant which strictly forbids anything other than "a conventional fixed-location home constructed on the lot". It should be noted that the Third Filing significantly differs from the First and Second Filings of West Hill and Park in that these areas are dedicated to mobile homes. The developer chose to make this change to the area (located on R-5 zoned property), and has since then denied anything less than fixed construction in the Third Filing. To make one significant change to an area is not unreasonable; however, a significant change back to a previous form of housing in a fairly short period of time does not appear to be "coordinated", and it is clearly not "harmonious". - On page 3, paragraph 3, the Comprehensive Plan states, "The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Weld County Planning Commission in a public meeting". If this public meeting occurred, none of the impacted owners here at the Third Filing were aware of it; they were advised of the County Commissioner's meeting,but did not know what action was intended at the time(or its impact). It continues in the next paragraph by stating, "This land-use decision-making process is a response to the public's desire to understand and participate". We concur. Finally,in that same paragraph, it states,"The Weld County planning process combines the interaction of elected officials,appointed administrative officials, and the support staff of the Department of Planning Services". We have initiated that process, and have been in contact with most of these individuals,and we have been most fairly and effectively assisted; however, we do not feel to this point that we have had the opportunity to actually be involved in the decision-making process. - The Comprehensive Plan further states, "Adequacy, efficiency, and economy of road construction, road maintenance, water supply systems, sewage disposal, . . . are fundamental concerns in evaluating uses within urban growth boundary areas" [within which all of West Hill and Park lies] (P 31, par 2). On page 29, paragraph 2, it states, "Public facilities and services such as sewer,water,roads,schools,and fire and police protection must be provided and developed in a timely, orderly, and efficient manner to support the transition of agricultural land to urban development". Water availability for owners'normal use(specifically quantified on page 54 for Fire Protection)has been poor at best in the past few months;indeed,the present area could be in jeopardy if a fire occurred during certain times of day. Of the many concerns, this is probably the most immediate as the addition of any new homes would decrease the water pressure, and the Third Filing still has approximately 40 lots still for sale. Again we feel it is inappropriate to approve any more growth until this situation is completely resolved. - On page 40, paragraph 1,the Comprehensive Plan states, "The intent is to establish residential areas which reflect particular life style choices, including dwelling unit type, density, environmental setting,and convenience levels". The owners of the Third Filing have chosen to live in a somewhat rural setting just outside Greeley, Colorado, and purchased quality homes clearly aware of a mobile home park immediately east of the property. However, as stated before,it has been consistently stated that only homes of equal or better value to the owners' would be constructed in the area(presently applied for). The expectation of high-quality homes constructed on the property was and continues to be the lifestyle choice consciously made (and expected)by the owners. - Finally, on page 41, paragraph 2, it is stated that "New residential development should demonstrate compatibility with existing surrounding land-use in terms of: general use,building height,scale, density,traffic,dust,and noise". While it can be argued that there are mobile homes east of this area,and it has been zoned R-5 for a period of time, it was still the developer's choice to begin development of high-quality on-site constructed homes. Mobile and modular homes would again depart from the terms and intent of this part of the Comprehensive Plan. One additional note here: curbs have already been placed and roads laid in the Fourth Filing area. Owners of the Third Filing are already being affected by traffic passing from that area and a significant level of dust being raised by drivers coming over those roads. In addition,the intersection of Casa Grande and Lake Meade,being uncontrolled, is rapidly becoming unsafe as it is difficult to see traffic coming up the road(on a hill)from the North. OUR REQUESTS ARE AS FOLLOWS: We,the owners,do not desire to disrupt the developer's business projects. We are satisfied with the area in which we live,and we are beginning a homeowner's association to find ways to improve the area. However, as we observe development of property which could cause serious harm to our safety, our quality of life, and the value of our homes, we are strongly motivated to act to protect our interests. Clearly there are commitments a developer makes both to the Weld County Commissioners and the local citizens when s/he embarks on a process such as this. However,in this case,commitments are not being kept. Two very obvious examples are: 1)New developments are required to provide "availability of adequate parks and open space" (P 57, par 1). The developer committed to a park and another open space area in West Hill and Park Third Filing, and none exists. 952666 2) In the Resubdivision of West Hill and Park Third Filing, it states that, "Prior to November 1, 1989, a row of Russian olive trees shall be planted by the applicant and maintained by the applicant until such time as the Homeowner's Association is prescribed to take over maintenance. The trees shall run the entire length of West Hill-N-Park, Third Filing, as it abuts Weld County Road 52 and Weld County Road 33. The trees shall be spaced a maximum of five feet apart and a minimum of three feet in height at the time of planting". There are three trees (not Russian Olive) on County Road 52. There are more on County Road 33, but certainly not enough to meet the apparent intent of this commitment. It is Todd's(Planning and Zoning office)opinion that these trees were meant to provide both a visual and wind bather to the road. At the time of discussion with him, he also believed that a waiver had been applied for and received to change the kind of trees; however once again, the intent does not seem to be implemented. Considering these conditions, we feel it is appropriate to request the Weld County Commissioners support our desire to be involved with the decision-making process related to further development of this area. 1. We request that the Weld County Commissioners suspend action on the West Hill and Park Fourth Filing until such time as it can be shown that it is safe, compatible with the homeowners and the Weld County Comprehensive Plan, and not harmful to the investments made by the constituency most impacted by this action. 2. We request that there be a meeting of the representatives of the developer, the exclusive builder, the homeowner's association, and if possible, the Planning and Zoning office with the specific intent to resolve the above concerns in a manner that is positive and fair to all parties impacted by the pending Fourth Filing action. If this cannot be supported,we at least petition for an open public hearing on this issue. QQeseJ -o QU �alit��l �� ev.or, tss offien by ( ► ' cr-Lece,) E. LeVe >rt �� GrQ41/2 t Col orcte soca3r{ 952066 Arrowhead South Homeowner Statement I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing 2 i I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. 9 P l hM I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. M fill I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: Bret(- 4 S h cr i Y*vt(pc I for- ' I live at: kc/ C Casa Cira&jc[e br. (Three ( y , co �cAp si � My signature supporting the above initialled items: 4 /�l0 yLP, e a A /� � N.�.i Arrowhead South Homeowner Statement (5 I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests / as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. cc I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. <c I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: al') fI C7 I live at: LJ& Jf S c o )2 LU 4 C i � '' e to ley , (ace, SC-ScO3y My signature supporting the above initialled items: aP..„› �✓` i. 352066 / Arrowhead South Homeowner Statement x I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for / 1 purposes of interactions related to West Hill and Park Fourth Filing XI support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. X I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. KI support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had timeto meet with the developer. My Name is: eAer IX E/i S I live at: 4/6-/ , mil'-S w/`b er Aec:LeV 6 fe63 V My signature supporting the above initialled items: / ✓-e llid Arrowhead South Homeowner Statement _ I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money —I will pay what I can. t I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have/had time to meet with the developer. My Name is: ._.)cc-/ly Ilor-sor,— I live at: if(02 7 Son 4SLi4 Al C 6;ree i 6,, Cc) 866,34 My signature supporting the above initialled items: ` -� C��^'cz--7 Arrowhead South Homeowner Statement I*I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing 7 ,9 I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests �// as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. 7 % I will contribute some money toward paying for a lawyer to represent my interests and the interests of OO the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money — I will pay what I can. 7 4/ I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: T,m Ten sen '-u Iliveat: L/759 1-a 5en CovrT My signature supporting the above initialled items: 44, Arrowhead South Homeowner Statement I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing c I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. eI will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money —I will pay what I can. & I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had ti e to meet with the developer. �} C-gVL Lyn/A -60 LE _ AI My Name is: C . Hive at: it lio xo- sb/o 0y (--) rrcJcy 00 `dO(034— My signature supporting the above initialled item : 952066 Arrowhead South Homeowner Statement EC- x9-I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing R.ii VI support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. Q S.,5tI will contribute some money toward paying for a lawyer to represent my interests and the interests of ��JJ the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money —I will pay what I can. I2.i•,I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: CieG< (? bx rck .3 r3cc I live at: 4[551 pt•'occtu.J' 0-- ()reek I ((C) ' Oc,Q • r My signature supporting the above initialled items: RE 1 i a / AAL A-a-FA Arrowhead South Homeowner Statement AlI support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing 77 I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money— I will pay what I can. 2 I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet meet with the developer. My Name is: 5 {ems �' T 7- I live at: y( iv/ �� S a 61,'�c/- ci My signature supporting the above initialled items: 1-e% / _ ,i Arrowhead South Homeowner Statement _____ pport having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for rposes of interactions related to West Hill and Park Fourth Filing 'NCsupport having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests r�VUU "� as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. r1 , J I will contribute some money toward paying for a lawyer to represent my interests and the interests of = d the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money —I will pay what I can. AI support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filingg until we have had time to meet with theth developer. My Name is: \ C o c� ��csvccr. Cs�'"c e& I live at: Li rJ Ca e r Cr,-C> CA(-)1 ern Zq My signature supporting the above initialled items: t i 5 - C ,-.e-=.a- CkQ0 Arrowhead South Homeowner Statement Vi I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. if I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. lAC I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: c` L. V i 1 ,- I live at: CH) /> Cos� C� — Ib�, CAA z Co r6K Mysignature supporting the above initialled items: 8n V 952066 Arrowhead South Homeowner Statement 6 • I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing A • (1 I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests (� as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. ,t] • (1-' I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. t.A C5 I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: ,sA ' eGt"',J'`�' `., I live at: Z 0 GilO 1-(-A% ek6e c t My signature supporting the above initialled items: /%-�/Cf'70 • '--{t' �•Le- `Z1--/ Arrowhead South Homeowner Statement g V. R I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for © purposes of interactions related to West Hill and Park Fourth Filing —'r1 support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests pp as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. �1� \)h, I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money —I will pay what I can. c\R._ �Sk I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until//�� weqq have had time to meet with the veloper. My Ut-i'.17 eg.a l� �t Name is: a� oe l�� ' I live at: C55 / �� Z G*?�Jf ' L2 GiLI ai . gri II My signature suppo g rtin the above initialled items: (OrAntbJAI - -4`"�",Ac"�y� J Arrowhead South Homeowner Statement _ oL I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. c_---"<"--1 will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the developer. My Name is: ---MA e.)o., k) k 1 I live at: ¶7 Z" `�'o5 c_d, c >rn� f 07 Co • Co63'i My signature supporting the above initialled items: L Arrowhead South Homeowner Statement 7 I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing aI support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. (4 I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand ( this does not commit me to a specific amount of money— I will pay what I can. / I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had timee to meet with the developer. My Name is: i,A/OretUee 134-7Ccr/ S I live at: '/f' g 0 A(z C S (3 64 0 PR -r eti ( ty Co. v063`r My signature supporting the above initialled items: az,c,,.. , A--4c ,ez,--- 952066 Arrowhead South Homeowner Statement I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for // purposes of interactions related to West Hill and Park Fourth Filing •41 I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests 1 as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. k 1ij I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand / this does not commit me to a specific amount of money— I will pay what I can. A( al I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to meet with the any, My Name is: i �k etim W/ v n I live at: " T && J 5 66 I U kY C iv( My signature supporting the above initialled items` SW G� Z- z.-f- Arrowhead South Homeowner Statement I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand 4 this does not commit me to a specific amount of money—I will pay what I can. I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had timee to meet with the developer. 9-CS My Name is: .l , h i I live at: L7 @ C �/ .y(i e O f ,tv.ee P.I l LI ci icb(37 My signature supporting the above initialled items: (r� Q l Li. P. itA Arrowhead South Homeowner Statement I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. Pr I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until we have had time to eet,wjtlWthe developer. /�// My Name is: ( / ,- I live at: L- S a s . -6c, 1 c /" My signature supporting the above initialled ite /Ciyi2av�l/ C Q a Arrowhead South Homeowner Statement Q.r I support having Rhonda Amen and/or Michael Leverington represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing I support having Rhonda Amen and/or Michael Leverington engage a lawyer to represent my interests as a homeowner for purposes of interactions related to West Hill and Park Fourth Filing. (Zr I will contribute some money toward paying for a lawyer to represent my interests and the interests of the homeowners for purposes of interactions related to West Hill and Park Fourth Filing. I understand this does not commit me to a specific amount of money—I will pay what I can. c.t-' I support the Petition/Request given to the County Commissioners in the name of the homeowners of Arrowhead South requesting that the Commissioners delay approval of the West Hill and Park Fourth Filing until �wehave had ti �time to meet with the developer. My Name is: 'C / j yl�u� „{ ,riaL� f— I live at: 3/G Z v 5 c ornac v ff Cr Citfa cr, C= 6)063/ q My signature supporting the above initialled items: ._o <A(/ � ✓� 4 424- 952066 B 1296 R. 02247133 04/15/91 15: 1i “5. 00 1/003 F 0215 MAhi ANN FEUERSTE1N CLERK & RECORDER WELD • rn AR2247133 = EXHIBIT COVENANTS FOR WEST HILL-N-PARK 3RD FILING ALSO KNOWN AS ARROWHEAD SOUTH 7i5-1/C WHEREAS, the plat for West Hill-N-Park 3rd Filing , also know as Arrowhead South, has been filed of record in Weld County , Colorado; and WHEREAS , Covenants and Amended Covenants for West Hill-N-Park recorded as Reception Nos . 1620971 , 1973477 and 2005682 of the Weld County Records do not apply to West Hill-N-Park 3rd Filing; THEREFORE , the following Covenants are adopted to be binding upon and inure to the benefit of the owners of all parcels of real estate within West Hill-N-Park Third Filing who obtained title to such parcels subsequent to the date upon which these Covenants were filed of record in Weld County, and whose grantor was West Hill-N-Park , Inc . or its heirs or assigns , and to any any all owners who accept these Covenants by executing them, and their successors and assigns. 1 . Each lot in the subdivision shall be occupied for residential purposes only by a conventional fixed-location home constructed on the lot . No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not exceeding two stories in height and a private garage' for not more than two vehicles. 2 . No dwelling shall constructed on any lot at a cost of less than $40, 000. 00. Said sum shall be increased or decreased proportionately for changes in the consumer price index after the date on which these Covenants are recorded. It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings already existing in Arrowhead South . The area of dwellings , exclusive of open porches and garages , shall be as follows; a . Not less than 800 square feet for a one story dwelling; b . Not less than 900 square feet for the total of any two adjacent levels of a dwelling with three or more levels; c . Not less than 800 square feet on the upper level of a two level home where the lower is a garden level; d. Not less than 600 square feet per story for a home of two stories or more. 3 . No structure of a temporary character , trailer , basement, tent , shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 4 . No sign of any kind shall be displayed to the public view on any lot , except one professional sign of not more than one square foot , one sign of not more than six square feet advertising the property for sale or rent , or signs used by a builder to advertise the property during the construction and sales period. 5 . No lot shall be used for an open storage of construction materials or any other material , except during the construction of an authorized improvement. 6 . No noxious or offensive trade or activity shall be conducted upon any. lot . 7 . No animals of any kind shall be raised , bred or kept upon any lot for commercial purposes . 952066 B 1296 REC 024. 133 04/15/91 15 : 15 � j. 00 2/003 F 0216 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8 . No patio, carport or other addition to a home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line. 9 . In no event shall any portion of any home or other structure be erected over any easement for utilities or otherwise. 10 . No lot as platted shall be subdivided for the purpose of making two or more lots . No more than one home shall be permitted on any one lot. 11 . Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 12 . Natural drainage associated with any lot shall not be altered to as to drain onto the adjacent properties. 13 . All trash, garbage and other household debris shall not be allowed to accumulate for more than seven ( 7 ) days before disposal . Each property owner shall be responsible for the proper storage and disposal of trash , garbage and household debris in accordance with the current rules of the County Health Department. 14 . All dogs , cats and other domestic pets shall be confined to the individual property owner ' s premises . Confinement of such pets shall not be on the portion of the lot bordering upon the streets of walkways of the subdivision . No more than 2 adult animals of any type will be retained as pets on each lot. 15 . No lot owner or occupant shall allow an immobilized motor vehicle to stand on said lot for a period longer than 30 days . In addition, no owner or occupant of a lot shall allow more than one immobilized motor vehicle to stand on said lot for a period greater than 48 hours . For the purpose of this Covenant, an "immobilized motor vehicle" shall be considered any motor vehicle not presently capable of movement under its own power. 16 . No lot owner or occupant shall allow any junk vehicle to stand on said lot or anywhere with the confines of West Hill-N-Park 3rd Filing for any period of time . For the purposes of this Covenant, a "junk vehicle" shall be considered any motor vehicle which could not be driven legally on the roads in the State of Colorado because the present condition of such vehicle does not meet the minimum standards for such vehicle as set forth in Sections 42-4-202 through 42-4-231 of the Colorado Revised Statutes, 1973 (as amended) . 17 . Each lot shall be accompanied by a voting and assessable membership in the West Hill-N-Park Property Owners Association . Said Association shall be responsible for the maintenance of all parks, tot lots , buffer zones , storage areas and other areas designated for use of all resident of the West Hill-N-Park 3rd Filing . By laws for the Association will be developed, changed and enforced by the Board of Directors of the association. 18 . The developers of West Hill-N-Park 3rd Filing shall build and maintain all facilities within the designated open spaces and parks until such time as 50% plus one of these lots have been sold to other voting members; thereafter the developers of West Hill-N-Park 3rd Filing shall vote and pay assessments on only that number of the lots remaining in their ownership. 19 . Due to the damages to streets and ways within West Hill-N-Park 3rd Filing occasioned by the use of said streets and ways by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than two (2 ) tons. 952066 B 1296 REC . 47133 04/15/91 15: 15 15.00 3/003 E' 0217 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 20 . Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 21 . All of the above1998 , and said Covenants shall be hall be effective through August 1 , effective thereafter for additional ten-year periods without any further action of the West Hill -N-Park Property Owners Association,n unless prior to the riate action ismmencement of taken by Westny Hi additional a N1Park ten-year nod appropriate Property Owners Association to terminate the Westeffect HillhN Park above Covenants . Any such action taken by Property Owners Association shall be filed of record with the Weld County Clerk and Recorder in a form which will substantially inform any interested party as to the termination of the above Covenants. 22 . These Covenants may be enforced by the West Hill-N-Park Property Owners Association or by the owner or owners of any lot in West Hill-N-Park Third Filing. Adopted this 12th day April, 1991. W LL-N- AR ,ri/ --( 1-- "(1( Roy ndval President 952066 • . = EXHIBIT 211 E qs-- " sY • ` , • B 1329 EEC 02281640 03/23/92 08:44 120.00 1/004 ►R2281600- F 1076 NARY ANN IEOERSTEIN CLERIC i RECORDER WELD CO, CO MENDED COVENANTS FOR WEST HILL-N-PARK 3RD FILING ALSO KNOWN AS ARROWHEAD SOUTH • WHEREAS, the plat for West Hill-N-Park 3rd Filing, also known as Arrowhead South, has been filed of record in Weld County, Colorado; and WHEREAS, the parties hereto desire to amend those Covenants for West Hill-N-Park 3rd Filing also known as Arrowhead South, recorded April 15, 1991 in Book 1296 as Reception No. 2247133 of the Weld County Records: - THEREFORE, the following Amended Covenants are adapted to be binding upon and insure to the benefit of the owners of all parcels of real estate within West Hill-N-Park Third Filing who obtained title to such parcels subsequent to the date upon which these Amended Covenants were filed of record in Weld County, and whose grantor was West Hill-N-Park, Inc. or its heirs or assigns, and to any and all owners who accept these Covenants by executing them, and their successors and assigns. 1. Each lot in the subdivision shall be occupied for residential purposes only by a conventional fixed-location home constructed on the lot. No buildings shall be erected, altered, - . placed or permitted to remain on any lot other than one detached • single-family dwelling not exceeding two stories in height and • • • private garage for not more than three vehicles. One tool shed ,_,-+s . of factory origin, maximum of 8 ft. by 10 ft. , may be placed upon ; + lot. 2. No dwelling shall be constructed on any lot at a cost of . less than S40,000.00. Said sum shall be increased or decreased proportionately for changes in the consumer price index after the _ - date on which these Covenants are recorded. It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings already existing in Arrowhead South. The area of dwellings, exclusive of open porches and garages, shall be as follows: • a. Not less than B00 square feet for a one story ? t dwelling; _ b. Not less than 900 square feet for the total of any two adjacent levels of a dwelling with three or sore levels; c. Not less than BOO square feet on the upper level of a • two level home where the lower is a garden level; . d. Not less than 600 square feet per story for a home of two stories or more. 952066 a y; , . . B 1329 RISC 02281640 03/23/92 08:44 $20.00 2/004 F 1077 :ARY ANN FEOERSTEIN CLERK i RECORDER WELD CO, CO AMENDED COVENANTS FOR NEST HILL-N-PARK 3RD FILING Page 2 3. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. " 4. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 5. No lot shall be used for an open storage of construction materials or any other material, except during the construction - of an authorized improvement. 6. No noxious or offensive trade or activity shall be conducted upon any lot. 7. No animals of any kind shall be raised, bred or kept upon any lot for commercial purposes. ,w. B. No patio, carport or other addition to a home shall be 'A located any nearer than 10 feet to the rear lot line and 5 feet from side lot line. 9. Fencing shall be either of two styles - Elcar type chain link. 4 or 5 ft. in height, or cedar or redwood board • fencing not to exceed 6 ft. in height. No fencing shall be - placed on the front 20 ft. of lot. 10. In no event shall any portion of any home or other structure be erected over any easement for utilities or • otherwise. 11. No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one home shall be permitted on any one lot. . 12. Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 13. Natural drainage associated with any lot shall not be altered so as to drain onto the adjacent properties. 14. All trash, garbage and other household debris shall not be allowed to accumulate for more than seven (7) days before disposal. Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 352066 ' It AlC 'Y . r B 1329 REC 02281640 03/23/92 08:44 $20.00 3/004 P 1078 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO AMENDED COVENANTS FOR WEST HILL-N-PARK 3RD FILING Page 3 15. No animals or fowl of any kind shall be kept or maintained on any lot, except that two dogs and two cats may be • kept as pets, and two caged birds may be kept as pets. The total {i number shall not exceed four animals and can be a combination : thereof, but cannot be more than two of sane species. All dogs and cats shall be confined to the individual property owners premises, and such confinement shall not be on the portion of the lot bordering upon the streets or walkways of the subdivision. 16. No motor vehicle which is not currently licensed, capable of moving under its own power, and equipped with functioning lights and all other equipment required by law for operation on public highways shall be kept, stored or allowed to stand on any lot, nor be parked on the street. 17. No boat, trailer, camper or habitable motor vehicle shall be kept or stored on any lot except within an enclosure which will screen such boat, trailer, or vehicle from view from the street and adjoining lots; nor shall it be parked on street for a period longer than 48 hours. 18. Each lot shall be accompanied by a voting and assessable membership in the West Hill-N-Park Property Owners Association. Said Association shall be responsible for the maintenance of all parks, tot lots, buffer zones, storage and other designated from use of all resident of the West Hill-N-Park 3rd Filing. Bylaws for the Association will be developed, changed, and enforced by the Board of Directors of the Association. • 19. The developers of West Hill-N-Park 3rd Filing shall build and maintain all facilities within the designated open _ spaces and parks until such time a. SOX plus one of these lots 'Or have been sold to other voting members; thereafter the developers of West Hill-N-Park 3rd Filing shall vote and pay assessments on _only that number of the lots remaining in their ownership. 20. Due to the damages to streets and ways within West Hill- N-Park 3rd Filing occasioned by the use of said streets and ways by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than five (5) tons. 21. Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 22. All of the above described Covenants shall be effective through August 1, 1998, and said Covenants shall be effective thereafter for additional ten-year periods without any further action of the West Hill-N-Park Property Owners Association, unless prior to the commencement of any additional ten-year 952066 ••6,# - • Adopted this 14th day of February, 1992. • 1 . WEST ILL-N-PARK, INC. /U�/L1� .�%�"iY (UK7 / .[I �f AWL iPrS Owner (� J Lot O.jn(er / Lot .0 �t e 11 I i P _ P7• y1-T a'4K 2 L < l �,,' (1 Sle:fi s o Q er �7 / Lot 7 Owner/ q Lot J •u t� / Q�KY Firs,. !/r�...a.� �i� r Ci Owner/ � Lot)? Owner Lot 14 os 2-ZL,? T <.flL 81K7 o OOwnerlC�/ of yf Owner Lot Yf to o• g Fitt el. y,`�' > �K , t,..,-.. He, W.( nri 6LK 1 - . V "per Lot O er G Lot ��.r,/,, e▪s Lot wn r Lot m aGG o figni.AtAt/ /Y7'11/'�(/) ICI )Qt w 4 Owner �/irJ Lot O er // Lot Ps 21 Cie we N " Owner �Kj Lot Owner Lot E. o2 o p Owner Lot Owner Lot .114 m is • ti 6 r L tel Owner Lot Owner Lot 0 Ii Owner Lot Owner Lot a 0 n Co we CoOwner Lot Owner Lot Y 4 Owner Lot Owner Lot .i Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot . Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot Owner Lot - EXHIBIT 0 q5 " '/C AGREEMENT THIS AGREEMENT made and entered into this 7 day of February , 1989 between West Hill ' N Park , Inc . , a Colorado corporation , hereinafter "Owner" and Baessler Construction , Inc . , a Colorado corporation , hereinafter "Baessler" and the parties agree as follows : WHEREAS , Owner owns property located in the Southwest One Quarter ( SW ) of Section Twenty-six ( 26 ) , Township Five ( 5 ) North , Range Sixty-six ( 66 ) West of the 6th P . M . , Weld County , Colorado known as the West Hill ' N Park Subdivision , Third Filing , hereinafter "Third Filing" ; and WHEREAS , the Board of County Commissioners of Weld ;ounty , Colorado have approved the final plat for the Third Filing but Owner has not yet recorded the plat ; and WHEREAS , Owner desires to sell lots and Baessler is interested in selling and/or developing part of the Third Filing pursuant to this Agreement ; NOW, THEREFORE , the parties agree as follows : 1 . The recitals contained hereinabove are incorporated by reference . 2 . This Agreement is intended to serve as a guideline for the sale of lots in part of the Third Filing and is not intended to create in any way a joint venture or partnership agreement between Baessler and Owner . 3 . Located in the Southwest corner of the Third Filing are 108 platted lots for which all streets , curbs , gutters , sewer and drainage , water , electricity and gas have been installed and final grade completed . These 108 lots can now be developed as soon as telephone lines are installed . 4 . As to the installation of the telephone lines , Owner agrees to have installed telephone service for 26 of the lots during 1989 and phone service shall be installed to additional lots in future years as the same are needed for final development and/or construction purposes . The telephone service shall be installed as lots are sold in an orderly and contiguous fashion . 5 . Owner hereby grants to Baessler the exclusive right to sell all of the 108 lots in the Southwest portion of the Third Filing in accordance with this Agreement for a period of ten years commencing March 1 , 1989 and ending on February 28 , 1999 . The 108 lots are described to wit : Lots 1 thru 23 in Block 3 ; Lots 1 thru 20 and Lots 37 thru 60 in Block 7 ; Lots 1 thru 21 in Block 8 ; Lot 1 and Lots 18 thru 29 in Block 9 ; Lot 55 in Block 10 ; and Lots 40 thru 45 in Block 1 . All parties understand and 1 952066 agree that Baessler is not required to build out or develop any lot but must sell lots in accordance with this Agreement . This clause is not intended to restrict Baessler from developing any lots as Baessler shall always have the right to construct and develop lots which Baessler may purchase from Owner. 6 . This exclusive right agreement shall be in effect so long as Baessler sells not less than a total of 8 lots on or before March 1 , 1991 ; a total of 32 lots on or before March 1 , 1993 and 10 lots per year every year thereafter . 7 . Any sale and/or development of the lots by Baessler must be in accordance with County codes and pursuant to the County approved plat , development standards and requirements and existing covenants . 8 . Owner agrees to sell and convey lots to Baessler by General Warranty Deed free and clear of all liens and encumbrances and the price for the conveyance of lots shall be Ten Thousand Dollars ( $10 , 000. 00 ) per lot for the first 10 lots ; Eleven Thousand Dollars ($ 11 , 000 . 00) per lot for the purchase of lots 11 through 20 ; and the sum of Twelve Thousand Five Hundred Dollars ( $ 12 , 500 . 00 ) per lot for each lot thereafter. All lots shall be conveyed and paid for at the time of sale . 9 . To facilitate the sale of the properties , Owner agrees to cooperate as necessary to obtain State , VA and FHA financing approval , to record the Third Filing plat and to have the initial telephone service installed . 10 . The parties further agree that Owner and Baessler shall cooperate in an advertising program for the sales of the lots and Owner agrees to pay the first Four Thousand Dollars ($4 , 000. 00 ) of an approved advertising program. Owner shall have the right to approve of the advertising program which approval shall not be unreasonably withheld . 11 . As to the existing 108 platted lots , the parties understand that all installed utilities and tap fees are paid , however , no development fees such as building permit fees have been paid . Any building and permit fees shall be the responsibility of Baessler or the ultimate purchaser and/or developer . 12 . To commence the project Owner agrees to convey to Baessler two lots selected by Baessler and Baessler shall execute a Promissory Note for said lots which shall provide for payment at a future date in accordance with this Agreement with zero percent ( 0% ) interest and said note to be non-recourse . Baessler agrees to construct a show home on each lot and Baessler shall pay to Owner the sum of Ten Thousand Dollars ( $ 10 , 000 . 00) for each lot at the time the homes are sold , but in no event later than July 1 , 1990. As to the development and construction of the two show homes by Baessler , it is agreed that each home shall be 2 952066 constructed in a workmanlike manner and at the time the County issues a Certificate of Occupancy , Baessler shall have a period of 6 months from the date of the issuance of the Certificate of Occupancy from Weld County to sell each show home and lot at a price which would yield a net profit of not less than ten percent ( 10%) before income taxes taking into consideration all costs and expenses incurred by Baessler to purchase the lots and construct each of the home. At the end of the 6 month time period , and in the event each of the show homes has not been sold , Baessler shall reduce the asking price as deemed necessary by Baessler to sell the show homes not later than July 1 , 1990 . From the selling price of each show home Baessler shall first recover his construction costs and the balance , if any , shall then be paid to Owner as full payment and satisfaction of the purchase price of the lots . It is agreed that the construction costs or interest incurred by Baessler shall be determined at the time the Certificate of Occupancy is first issued and such costs shall be communicated to Owner in the form of a written letter . Owner does not warrant that Baessler shall make a profit or recover its construction costs and Baessler shall bear all risks of construction and sale. 13 . It is agreed that this exclusive listing shall expire upon breach of any of the covenants or agreements contained hereinabove , upon the failure of Baessler to sell the minimum number of lots as required hereinabove , or in the event Baessler is not able to sell both of the show homes on or before July 1 , 1990 at a price which will allow Owner to receive Ten Thousand Dollars ( $ 10 , 000 . 00 ) per lot . In the event this Agreement is terminated , neither party shall owe any type of obligation or duty to the other . Termination shall be effective three days after any party mails written notice to the other party . This Agreement shall be binding upon Owner and Baessler and shall inure to the benefit of the heirs , successors , assigns and personal representatives of each of the parties herein , however, this Agreement may not be assigned by Baessler without the • express written consent of Owner. WEST HILL ' N PARK, INC. , BAESSLER CONSTRUCTION, INC . , a Colorado corporation a Colorado corporation ,1 �7 �. • � . ��BY fiat' 952066 3 - LIND , LAWRENCE & OTTENHOFF ATTORNEYS AT LAW TIIE LAW RUILUINO 1011 ELEVENTII AVENUE P O.BOX 126 GREELEY,COLORADO 80617 GEORGE H.OTTENIIOFF TELEPHONE KENNET/1 F.LIND (301)151,2321 KIM R.LAWRENCE 1103)156.9160 TELECOPIER (301)356-I I11 November 18 , 1992 Mr. Roy Lundvall, President West Hill-N-Park, Inc. P.O. Box 632 Greeley, CO 80632 Dear Mr. Lundvall : You have requested that we review the zoning and the covenants applicable to the west Hill-N-Park subdivision, and particularly West Hill-N-Park Third Filing which is known as Arrowhead South. For your convenience, I am attaching a plat which shows the property that is included in the various filings of West Hill-N- Park . • The zoning for all of West Hill-N-Park is R-5, mobile home residential district, under the Weld County zoning ordinance. Uses which are permitted by right in the R-5 zone are one single family dwelling per lot which may be either a mobile home, a manufactured home or a site built home. Additional uses by right include parks , schools, police and fire stations , utilities service centers and child care centers . Covenants have been adopted and recorded for all of West Hill- N-Park which contain additional limitations and restrictions regarding uses and activities which may be conducted within West Hill-N-Park . These covenants apply in addition to the County zoning provisions , and , will supersede the zoning provisions in c ises in Whidh the covenants :are more 'restrictive:`-Thus"-even though a use may be permitted under the County zoning ordinance, if that use is prohibited by the covenants , it may not be conducted . • This application of more stringent covenants is especially true of the Third Filing/Arrowhead South. Special covenants have been recorded for Arrowhead South which differ significantly from the covenants applicable to the rest of West Hill-N-Park . The most significant distinction between the covenants is that mobile homes and manufactured homes are not permitted in Arrowhead South. The 11. EXHIBIT \41 — le �o . 66 Mr . Roy Lundvall , President West Hill-N-Park , Inc . November 18 , 1992 Page 2 only dwellings that are permitted in Arrowhead South are fixed location homes constructed on the lot . These covenants , therefore, preclude anyone from locating a mobile or manufactured home on a lot in Arrowhead South, even though the County zoning ordinance would otherwise permit a mobile or manufactured home . Yours very truly , LIND( LAWRENCE, & OTTENHOFF —) - G G ebfge H Ot enhoff GHO/en F:VG110\LETTERSV.UIW ALL 952066 ' r1 • k 'oun 45 !' rr1 W Le4Q SO LA ^ ',,` , - , : ..i.:::t.i.: °: .../,_: : lir . t; '... :. 'et:',.... -.i-AL.-:. % ' ' : ' ' I' ' r". 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Yl �' ;" WEST HILL 'N' PARK 952066 ZOO'd ETU 'ON XT L VT:CT 96/5Z/8O aQ Dr ^ m 0CC $ �ggy� c, E O Pkt/ ��'t 70 ' 1,IIm, LAWRENCE & OTTFNHOFF C ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.G.BOX 326 GREELEY,COLORADO 110632 OEOROE H.OTT$NHOFF - T'ELBPHONE KBNNETH F.LR® (970)353-2323 KIM R.LAWRENCE (970I35 41W tE.ECOMER IEFFREY R.BUBNS (070)3561111 August 25, 1995 Weld County Department Via Telefax: (970) 352-6312 of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Todd Hodges Re: West Hill-N-Park Fourth Filing (Subdivision S, No. 381) Dear Todd: Enclosed please find a copy of revised Covenants for West Hill-N-Park Fourth Filing. Please substitute these proposed Covenants for the Covenants which were provided at the time the Fourth Filing application was filed. The only changes are in Paragraphs 1 and 2. Basically, the applicant has deleted any reference to mobile and modular homes and replaced that with the manufactured home definition used by Weld County in Ordinance No. 89-DD which was approved in February of 1995. I would also mention that this definition for manufactured home is now under the single family dwelling definition in the Weld County Zoning Ordinance and is permitted in zoning areas such as R-1 . I believe that these revised Covenants make it abundantly clear as to the consistency of the filings, especially in light of the fact that this definition of manufactured home is permitted in all residential districts in Weld County. Based upon these new proposed Covenants, we hereby withdraw our transition modification (seven lots for stick built homes on the South side of Homestead Court and ten lots for modular homes on the North side of Homestead Court) . As to the six foot fence condition between the Third and Fourth Filings, please be advised that the applicant will install the six foot wooden fence if that is still desired by Planning or by the County Commissioners. 952066 ' all/bit- X 900/Z00 9N1C1IIif AV"! 'IHL TTTT 9QC OLBf YT=6T 58/9Z/90 ■ E00'd VELT.ON X' J. 6T :cT Ss/SZ/BO Weld County Department of Planning Services August 25, 1995 Page 2 However, in light of the changes made in these Covenants it would seem that said fence is not necessary. If you have any questions, please contact the undersigned. very truly yours, LIND, CE OTTENHOFF 49(" Kenneth F. Lind KFL/cg Enclosure pc: Lee Morrison, Assistant County Attorney 952066 900/C000 DNIQ'ILTH AV' WIJ flu 95C Ozaa 5I=6T 56/5Z/90 600'd 6£Li 'ON XV L 6T :£T 96/SZ/80 COVENANTS FOR WEST HILL-N-PARK FOURTH FILING The following Covenants shall bind and inure to the benefit of the owners of all parcels of real estate within West Hill-N-Park Fourth Filing, Weld County, Colorado, and whose grantor was west Hill-N-Park, Inc. or its heirs or assigns, and to any and all owners who accept these Covenants by executing them, and their successors and assigns. 1. Each lot in the subdivision shall be occupied for single family residential purposes only by either a conventional fixed- location home constructed on the lot, or new manufactured home (as defined in Amended Section 10 . 1_M of Weld County Ordinance No. 89- OD) _ No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not exceeding two stories in height and a private garage for not mare than three vehicles. One tool shed of factory origin, maximum of 10 feet by 12 feet, may be placed upon lot. 2 . No dwelling shall be constructed or erected on any lot at a cost of less than $45, 000 . 00 . Said sum shall be increased or decreased proportionately for changes in the consumer price index after the date on which these Covenants are recorded. It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings in West Hill-N-Park Third Filing also known as Arrowhead South. The area of dwellings, exclusive of open porches and garages, shall be as follows: a. Not less than 800 square feet for a one story dwelling; b. Not less than 900 square feet for the total of any two adjacent levels of a dwelling with three or more levels; c. Not less than 800 square feet on the upper level of a two level home where the lower is a garden level; and d. Not less than 600 square feet per story for a home of two stories or more. 3 . No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 4. No sign of any kind shall e displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 5 . No lot shall be used for an open storage of construction materials or any other material , except during the construction of an authorized improvement . • 952066 900/1r000 9NIalIala MV'I TffL TTTT 92C 0L66 ST:DT 26/5Z/90 S00'd VELT 'ON XT "L 6T:ET S6/SZ/80 6 . No noxious or offensive trade or activity shall be conducted upon any lot. 7 . No animals of any kind shall be raised, bred or kept upon any lot for commercial purposes. 8 . No patio, carport o other addition to a home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line. 9 . Fencing shall be either of two styles - Elcar type chain link, four or five feet in height, or cedar or redwood board fencing not to exceed six feet in height. No fencing shall be placed on the front twenty feet of lot . 10 . In no event shall any portion of any home or other structure be erected over any easement for utilities or otherwise. 11 . No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one home shall be permitted on any one lot . 12 . Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 13 . Natural drainage associated with any lot shall not be altered so as to drain onto the adjacent properties . 14 . All trash, garbage and other household debris shall not be allowed to accumulate for more than seven day before disposal . Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 15 . No animals or fowl of any kind shall be kept or maintained on any lot; except that either two dogs, two cats, or two caged birds may be kept as pets. The total number shall not exceed three animals and can be a combination thereof, but cannot be more than two of same species. All animals shall be confined to the individual property owners premises, and such confinement shall not be on the portion of the lot bordering upon the streets or walkways of the subdivision. 16 . No motor vehicle which is not currently licensed, capable of moving under its own power, and equipped with functioning lights and all other equipment required by law for operation on public highways shall be kept, stored or allowed to stand on any lot, nor be parked on the street . 17 . No boat, trailer, camper or habitable motor vehicle shall be kept or stored on any lot except within an enclosure which will screen such boat, trailer, or vehicle from view from the street and adjoining lots; nor shall it be parked on street for a period longer than forty-eight hours. 952066 900/2000 9NITII EI Earl MS MT 9SC OL6 ST:VT 26/2Z/90 900'd 6ELT'ON X' _1 6T :CT 56/W/80 18 . Each lot shall be accompanied by a voting and assessable membership in the West Hill-N-Park Property Owners Association. By-laws for the Association will be developed, changed, and enforced by the Board of Directors of the Association. 19 . The developers of West Hill-N-Park Fourth Filing shall maintain the designated open spaces and parks until such time as 50* plus one of the total lots have been sold to other voting members. At that time, the Owners Association shall be responsible for the maintenance of all said parks, tot lots, buffer zones, storage areas and other areas designated for the use of all residents of West Hill-N-Park Fourth Filing. 20 . Due to the damages to streets and ways within West Hill- N-Park Fourth Filing occasioned by the use of said streets and ways by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than five tons _ 21 . Invalidation of any one of these Covenants by judgment or Court order shall in no way affect any of the other provisions which shall remain in full force and effect . 22 . All of the above described Covenants shall be effective through May 1, 2005, and said Covenants shall be effective thereafter for additional ten year periods without any further action of the West Hill-N-Park Property Owners Association, unless prior to the commencement of any additional ten year period appropriate action is taken by West Hill-N-Park Property Owners Association to terminate the effect of the above Covenants. Any such action taken by the West Hill-N-Park Property Owners Association shall be filed of record with the Weld County Clerk and Recorder in a form which will substantially inform any interested party as to the termination of the above Covenants. 23 . These Covenants may be enforced by the West Hill-N-Park Property Owners Association or by the owner or owners of any lot in West Hill-N-Park Fourth Filing. Dated this day of , 1995 . WEST HILL-N-PARK, INC. By: President 952066 900/9000 DMICII17H AV1 mu TTTT 9SC OLBa 9T=17T 26/9 /90 1 . Our letter to Commissioners 2. Baessler Construction letter to West Hill-n-Park, Inc. 3. Our contract proposal agreement 4. Final agreement 5 . Covenants • 6. John Shupe 7. Arix July 11 , 1984 8. Arix March 21 , 1989 9 . July 18 , 1989 10. Resolution 11 . November 18 , 1992 12 . Letter from CTX 13 . Letter from Rocky Mountain Appraisal EXHIBIT iL 93-'- YC 952066 August 29 , 1995 Commissioners : Enclosed are the covenants for Hill-n-Park and West HIll-n- Park and pictures of both subdivisions. There is sufficient evidence that the covenants are not being upheld by the developers of the properties, Hill-n-Park Inc . and West Hill-n-Park, Inc. The covenants of a subdivision are created to protect the home owner that chooses to invest in the property. It also protects the land owners, mortgage lenders, the builders and the surrounding areas that a certain standard of quality will be upheld. If there is no compliance by the developer and no enforcement of the covenants for a subdivision at the conception of the project, it' will immediately weaken the covenants. It is very hard to ask homeowners to comply when the developers are in blatant non compliance of their own covenants . Non-compliance causes discord and disagreements among neighbors and removes the harmony that the covenants were intended to create. It is unfair to a property owner that obeys the covenants and strives to increase the value of their property and the subdivision, when a neighbor disregards the same covenants and is not held accountable to the landowner and the home owners association. You have been asked to approve the subdivision based on the covenants provided with the application. We feel there is a definite pattern that the developers do not comply with their own covenants. How can we be asked to trust the developers of this project when they have never complied with their own covenants in this entire platted area dating back to almost 30 years. This application must be denied in accordance with the county ' s own ordinances. The long term Comprehensive Plan cannot include this subdivision. In fact, the county needs to require the owners of these properties to bring the covenants in to full compliance before they can ever consider an application again. Respectfully, "etey-4/ -(7:1W aes er Construction Inc. �. Mori z E. Baessler Sheila M. Baessler 952066 i r, , -k Il CONSI RUCTION INC. Lus torn Homes • Remodeling • Light Commercial ime or Design • Furnishings • Really Services August 29 , 1995 Honorable Commissioners: We respectfully ask the Commissioners to review the enclosed exhibits before approving the proposed WEST HILL-n- PARK 4th FILING FINAL PLAT SUBMITTAL brought before them on July 19 , 1995 by West Hill-n-Park , Inc. we believe we have sufficient documentation to prove this filing is indeed still a portion of Third Filing which has already been approved by the Commissioners and INDEED DO HAVE RECORDED COVENANTS that would deny the addition of mobile or manufactured homes to this project . We feel also we have documentation to prove that we are beyond a doubt the EXCLUSIVE BUILDER for this complete project of the total 56 acres/194 lots. The mobile and manufactured home issue was settled in 1989 when the landowners contracted with Baessler Construction Inc. to take over the development of West Hill- n-Park Third Filing subdivision. The owners at that time changed the total direction of the property and committed to Baessler Construction Inc. and the public that there would be no mobile or manufactured homes in the total 3rd filing. At that time Baessler Construction agreed to the resubdivision of West Hill-n-Park (Third Filing ) which would reduce the real estate taxes for the land owners which was subsequently filed on July 26 , 1989 . We knew the land owners were committed to the long term improvement of the property. Baessler Construction Inc, would have insisted on the original contract proposal if there would have been any question about being the EXCLUSIVE BUILDER or allowing mobile or manufactured homes in the Second Phase of Third Filing ( Arrowhead South ) . We would NEVER have gone forward with the contract if we knew a scenario like this would be taking place. The resubdivision addressed the tax issue only , not the covenant issue . T he covenant issue was always supported by the landowners of West Hill-n-Park; Inc. until a more lucrative offer came along. . EXHIBIT 3505 Holman Court • Seeley Lake • Greeley, Colorado 80631 • (303) 356-6251 n Deal Direct with us and Save! We build 100 miles of Greeley. Your plans or ours1 J 2. With $4,000.00 advertising funds from the landowners we began marketing West Hill-n-Park (Third Filing) known as Arrowhead South. We mutually agreed on this name to disassociate the property from the West Hill-n-Park mobile home image and to differentiate from Lake Arrowhead to market the total Third Filing as mid to high-end property. We felt by the time we developed the second phase the lots to the north would definitely be in the price range of Lake Arrowhead and would complete the project mutually satisfactory to both parties. It was extremely difficult at the beginning to overcome the "mobile home park" image and to convince mortgage lenders and prospective buyers that there would be no more mobile/manufactured homes in the total Third Filing. At that time Baessler Construction Inc. received a guarantee from the landowners on 6-10-90 signed by John Shupe that there would not be mobile or manufactured homes in the second phase of Third Filing. Recorded covenants ( filed on April 15 , 1991 ) again stated there would be only conventional fixed-location homes constructed on the lots. With this assurance, we were able to double our sales from the previous year. Before selling Baessler Construction' s interest in other developments in the county and putting total financial support and effort in to the Arrowhead South project, we wanted to be assured by West Hill-n-Park, Inc. that they would guarantee that mobile/manufactured homes would not be permitted in all of Third Filing. In November of 1992 , West Hill-n-Park Inc. provided us with a legal opinion from their attorney, George Ottenhoff , stating the covenants had been adopted and recorded and prohibited mobile/manufactured homes. Attached to his legal opinion is a map clearly showing Third Filing is the total 194 lots. The land owners backed the marketing plan and knew it was being advertised as such. The home owners bought their homes relying on the good faith promise of the land owners West Hill-n-Park, Inc. and Baessler Construction Inc. They were willing to invest in the property, believing they were protected by the covenants given to them by the landowners. West Hill-n-Park, Inc. is asking the Commissioners to fall back to a 1971 approved plat and zoning and ignore everything that has happened in between. Therefore, they are asking the Commissioners to ignore contracts, good faith promises , and a track record of unfulfilled covenant agreements. We feel a property owner should indeed be able to apply to rezone or re-file a division of that property as long as they take in to consideration obligations and commitments 952066 3. made in prior contractual and covenant agreements on that property. We also feel decisions made by the Commissioners should take into consideration the so called "track record" of a developer before a decision is made. This is a safety net to the public that an OVER-ALL PICTURE will be viewed-not just a few pictures brought in by a "quick buck" developer. If the Commissioners do approve the submittal as filed, we believe West Hill-n-Park, Inc. will receive unjust enrichment. Baessler Construction Inc. will virtually be forced out of the project. It will again be impossible to receive financing for on location construction. We would again face problems that were eliminated by the 1991 covenants. We also feel if the Commissioners approve the submittal , there will be a legal question as to whether the county and West Hill-n-Park, Inc. interfered with the following contractual agreements: ( 1 . ) homes built in Phase One of Third Filing ( 2 . ) homes now under contract in Phase One of Third Filing (a. ) 4811 Kings Canyon Drive $98 , 929 . 00 (b. ) 4822 Kings Canyon Drive $102, 606 . 00 Adding to our financial risk are two completed Show Homes that are for sale: ( 1 . ) 4718 Lassen Ct. $116 , 800 . 00 ( 2 . ) 4640 Carlsbad Drive $117 , 500. 00 Beyond a doubt, Baessler Construction Inc. has civil grievances with West Hill-n-Park Inc. that indeed cannot be addressed here. Baessler Construction already has been subjected to defamation of character at public hearings and the media by the proposed changes . West Hill-n-Park, Inc. has shown complete disregard of Baessler Construction ' s monetary loss and reputation as a credible builder. There is also the liability issue of the home owners of Arrowhead South that will have to be addressed . They are asking us to give up not only 8 years of work on the Arrowhead South project, but will also jeopardize over 30 years of work because of the credibility issue as a builder. We will have over 50 unhappy homeowners as walking advertisements . We apologize to the Commissioners that we have not submitted this portfolio sooner. Baessler Construction Inc. received no notice about the hearing because we do not hold title on any property and we do not receive the Windsor Beacon where it was advertised. Like the home owners, we too felt protected by our contractual agreements and the recorded covenants . Due to the short time span , we were unable to arrange for legal counsel to prepare and present our position at the August 30th, 1995 hearing. We request if the submittal is not denied , that we would at least be given a 30 day delay to prepare a presentation to the Commissioners. 952066 For the record, we are asking the Commissioners to deny 4 . the requested submittal by West Hill-n-Park , Inc. It is our belief it is a definite backwards direction for the property . We believe no one - not West Hill-n-Park, Inc . , Baessler Construction, or anyone else should ever be allowed to bring mobile/manufactured homes into this project! We would ask to be allowed to take the original contract plan to full completion. This will be a definite improvement to the overall area and will increase values of property, increase the tax revenue , and ABOVE ALL - BE THE RIGHT AND HONORABLE THING TO DO! Sincerely, i --e--"tec>fc-7' 49_5-167(60-70" --- Baess r Construction Inc. Moritz E. Baessler Sheila M. Baessler 952066 2 August 20 , 1995 West Hill-n-Park , Inc . Roy Lundvall Elmer Lundvall John Shupe 1008 9th St . , Greeley , CO . 80631 Dear Gentlemen , In lieu of your scheduled meeting that was set for Monday , August 21 , 1995 at 10 , 00 at Roy ' s office , we have decided this would be the best avenue to reinforce our position concerning our Arrowhead South project ( Third Filing ) . Sheila has been ill the last several days and would be unable to attend the above meeting . We feel because of the urgency of resolving our concerns with your proposed changes to our contractual agreements , we should emphasize in writing our opposition to these changes . Due to the short time span to address this issue before the Wednesday August 23rd Commissioners public hearing ; after careful consideration , we must insist that you honor our original agreements . We will never agree that mobile and manufactured homes should be a part of this project ! When you approached us approximately 8 years ago about being the exclusive builder for your remaining property in West Hill-n-Park 3rd . Filing , we were honored that you had such confidence in our company to improve the value of the development . We believe we have accomplished this . You all have repeatedly assured us that no lots could be sold for mobile homes in Arrowhead South ( Third Filing- which is the Southwest part , Northwest part , North part , and the North east part ) . This is also in accordance with #2 and #3 of our contractual agreement dated February 27 , 1989 and your Amended Covenants dated March 23 , 1992 . Beyond a doubt , if you choose to proceed with selling lots for mobile homes and manufactured homes we feel that 7 years of our time and money to develop and improve -the image of this project will be totally destroyed . Therefore , we definitely will be put in a position of great financial risk . Quite frankly , the main reason we decided to go ahead with your offer was the financial strength and stability of the land owners , believing we would never be placed in a vulnerable position were the land owners would try to sell any portion of the property for a quick buck . We felt there was mutual respect and friendship to fulfill the long term committment Before selling Baessler ' s interest in other developments , we wanted to be assured before proceeding with 952066 the Arrowhead South project that West Hill-n-Park , Inc . would guarantee that mobile homes and manufactured homes would not be permitted in Arrowhead South (Third Filing ) . In November of 1992 , West Hill-n-Park , Inc . provided us with a legal opinion from George Ottenhoff stating the Amended Covenants RE have been adopted and recorded for all of West Hill-n-Park which contain additional limitations and restrictions regarding uses and activities which may be conducted within West Hill-n-Park . These covenants apply in addition to the County zoning provisions , and will supersede the zoning provisions in cases in which the covenants are more restrictive . Thus even though a use may be permitted under the County zoning ordinance , if that use is prohibited by the covenants , in may not be conducted . This application of more stringent covenants is especially true of the Third Filing/Arrowhead South . Special covenants have been recorded for Arrowhead South which differ significantly from the covenants applicable to the rest of West HIll- n-Park . The most significant distinction between the covenants is that mobile homes and manufactured homes are not permitted in Arrowhead South . The only dwellings that are permitted in Arrowhead South are fixed location homes constructed on the lot . These covenants , therefore , preclude anyone from locating a mobile of manufactured home on a lot in Arrowhead South , even though the County zoning ordinance would otherwise permit a mobile or manufactured home . Attached to his legal opinion is a map showing clearly Third Filing consisting of approximately 200 lots . We respectfully request that you would consider the enormous negative impact your actions would have on our future . Already , sales and interest in our Open Houses have slowed due to the controversy this has created . Undoubtedly , our credibility as the builder of this project- is being questioned . We also feel all of us could be facing some tremendous legal liabilities . We would again ask that you would abide by our mutual long term agreements and finish the project as planned . We believe this would be in the best interest for everyone ! Sincerely , ca au/ 98-95 Baessler Constr on Co . Inc . 952066 • 3 AGH; 3fc_ENi OF CAI_: This agreement is between Baessler Construction, Inc . , hereinafter referred to as the Contractor , and West Hill-N-Park , Inc . hereinafter referred to as the Owner. The following items are for the parties mutual benefit: 1 . The Owner has 186 vacant lots in West Hill-N-lark , Third Filing, of which 110 of those lots are complete with sewer and water taps installed, and all fees paid except for new building permit fees . 2 . The Owner does agree to furni sh to the Contractor these lots on which to build single family homes at a ceiling; price of $10 , 000 per lot for the first ten lots sold that he builds on, $11 , 000 per lot for the next ten lots , and $12 , 500 per lot thereafter; providing that the Greeley market accepts and the loan company appraisals approve the price increases . 3. The Contractor agrees to build two "Show Homes" , and offer the same for sale for a period of six ( 6) months from date of issue of Certificate of Occupancy from Weld County: said sale should make a net profit of no less than 10% before income taxes . 4. If these ":how Homes" do not sell for the original stated selling price , the price shall be lowered to a price that will make the homes sell , and the Contractor is to be repaid his construction costs first , and the owners will except bal - ance of selling price as full payment for the two ( 2) lots . 5 . The Owner agrees to cooperate as necessary to obtain V . A . and F. H.A . approval . The Owner agrees to file the Third Filing of West Hill-N-Park immediately. The Owner , upon filing the plat, shall attempt to have the subdivision ' s name changed to ARR0WHEAD SOUTH. 6 . Baessler Construction has an exclusive right to build all homes in Arrowhead South so long as : A . Once the"Chow Homes" have been constructed , from the date that the Certificate of Occupancy and Insurance are issued , Owners and Contractor agree to continue constructing homes over a period of four (4) years as follows : 4 in 1989 , e in 1990 , 10 in 1991 , and 10 in 1992 for a total of 32 homes or as long as Baessler Construt.ion Inc . can average 8 homes a year. 952066 tt 7 . To Let Arrowhead South started owners to pay the first' :,;'b , 000 in advertising costs . E . seller shall convey title to lot( s) to contractor in the form of a nonrecourse promissory note at 0 interest , due and payable upon the sale of said lot(s) from contractor to a third party. Jest Hill-N-Iark , Inc . Baessler Construction Inc . 952066 NNN EXHIBIT C 5 KG AGREEMENT THIS AGREEMENT made and entered into this .27 day of February , 1989 between West Hill ' N Park , Inc . , a olorado corporation , hereinafter "Owner" and Baessler Construction , Inc . , a Colorado corporation , hereinafter "Baessler " and the parties agree as follows : WHEREAS , Owner owns property located in the Southwest One Quarter ( SWi ) of Section Twenty-six ( 26 ) , Township Five ( 5 ) North , Range Sixty-six ( 66 ) West of the 6th P . M . , Weld County , Colorado known as the West Hill ' N Park Subdivision , Third Filing , hereinafter "Third Filing" ; and WHEREAS , the Board of County Commissioners of Weld County , Colorado have approved the final plat for the Third Filing but Owner has not yet recorded the plat ; and WHEREAS , Owner desires to sell lots and Baessler is interested in selling and/or developing part of the Third Filing pursuant to this Agreement ; NOW, THEREFORE , the parties agree as follows : 1 . The recitals contained hereinabove are incorporated by reference . 2 This Agreement is intended to serve as a guideline for the sale of lots in part of the Third Filing and is not intended to create in any way a joint venture or partnership agreement between Baessler and Owner . 3 . Located in the Southwest corner of the Third Filing are 108 platted lots for which all streets , curbs , gutters , sewer and drainage , water , electricity and gas have been installed and final grade completed . These 108 lots can now be developed as soon as telephone lines are installed . 4 . As to the installation of the telephone lines , Owner agrees to have installed telephone service for 26 of the lots during 1989 and phone service shall be installed to additional lots in future years as the same are needed for final development and/or construction purposes . The telephone service shall be installed as lots are sold in an orderly and contiguous fashion . 5 . Owner hereby grants to Baessler the exclusive right to sell all of the 108 lots in the Southwest portion of the Third Filing in accordance with this Agreement for a period of ten years commencing March 1 , 1989 and ending on February 28 , 1999 . The 108 lots are described to wit : Lots 1 thru 23 in Block 3 ; Lots 1 thru 20 and Lots 37 thru 60 in Block 7 ; Lots 1 thru 21 in Block 8 ; Lot 1 and Lots 18 thru 29 in Block 9 ; Lot 55 in Block 10 ; and Lots 40 thru 45 in Block 1 . All parties understand and 952066 agree that Baessler is not required to build out or develop any lot but must sell lots in accordance with this Agreement . This clause is not intended to restrict Baessler from developing any lots as Baessler shall always have the right to construct and develop lots which Baessler may purchase from Owner. 6 . This exclusive right agreement shall be in effect so long as Baessler sells not less than a total of 8 lots on or before March 1 , 1991 ; a total of 32 lots on or before March 1 , 1993 and 10 lots per year every year thereafter. 7 . Any sale and/or development of the lots by Baessler must be in accordance with County codes and pursuant to the County approved plat , development standards and requirements and existing covenants . 8 . Owner agrees to sell and convey lots to Baessler by General Warranty Deed free and clear of all liens and encumbrances and the price for the conveyance of lots shall be Ten Thousand Dollars ( $10, 000. 00) per lot for the first 10 lots ; Eleven Thousand Dollars ($ 11 , 000. 00) per lot for the purchase of lots 11 through 20 ; and the sum of Twelve Thousand Five Hundred Dollars ( $ 12 , 500 . 00 ) per lot for each lot thereafter. All lots shall be conveyed and paid for at the time of sale . 9 . To facilitate the sale of the properties , Owner agrees to cooperate as necessary to obtain State , VA and FHA financing approval , to record the Third Filing plat and to have the initial telephone service installed . 10 . The parties further agree that Owner and Baessler shall cooperate in an advertising program for the sales of the lots and Owner agrees to pay the first Four Thousand Dollars ($4 , 000 . 00 ) of an approved advertising program . Owner shall have the right to approve of the advertising program which approval shall not be unreasonably withheld. 11 . As to the existing 108 platted lots , the parties understand that all installed utilities and tap fees are paid , however , no development fees such as building permit fees have been paid . Any building and permit fees shall be the responsibility of Baessler or the ultimate purchaser and/or developer. 12 . To commence the project Owner agrees to convey to Baessler two lots selected by Baessler and Baessler shall execute a Promissory Note for said lots which shall provide for payment at a future date in accordance with this Agreement with zero percent ( 0% ) interest and said note to be non-recourse. Baessler agrees to construct a show home on each lot and Baessler shall pay to Owner the sum of Ten Thousand Dollars ( $ 10 , 000 . 00 ) for each lot at the time the homes are sold , but in no event later than July 1 , 1990. As to the development and construction of the two show homes by Baessler, it is agreed that each home shall be 952066 2 constructed in a workmanlike manner and at the time the County issues a Certificate of Occupancy , Baessler shall have a period of 6 months from the date of the issuance of the Certificate of Occupancy from Weld County to sell each show home and lot at a price which would yield a net profit of not less than ten percent ( 10%) before income taxes taking into consideration all costs and expenses incurred by Baessler to purchase the lots and construct each of the home . At the end of the 6 month time period , and in the event each of the show homes has not been sold , Baessler shall reduce the asking price as deemed necessary by Baessler to sell the show homes not later than July 1 , 1990 . From the selling price of each show home Baessler shall first recover his construction costs and the balance , if any , shall then be paid to Owner as full payment and satisfaction of the purchase price of the lots . It is agreed that the construction costs or interest incurred by Baessler shall be determined at the time the Certificate of Occupancy is first issued and such costs shall be communicated to Owner in the form of a written letter . Owner does not warrant that Baessler shall make a profit or recover its construction costs and Baessler shall bear all risks of construction and sale . 13 . It is agreed that this exclusive listing shall expire upon breach of any of the covenants or agreements contained hereinabove , upon the failure of Baessler to sell the minimum number of lots as required hereinabove , or in the event Baessler is not able to sell both of the show homes on or before July 1 , 1990 at a price which will allow Owner to receive Ten Thousand Dollars ( $ 10 , 000 . 00 ) per lot . In the event this Agreement is terminated , neither party shall owe any type of obligation or duty to the other . Termination shall be effective three days after any party mails written notice to the other party . This Agreement shall be binding upon Owner and Baessler and shall inure to the benefit of the heirs , successors , assigns and personal representatives of each of the parties herein , however, this Agreement may not be assigned by Baessler without the express written consent of Owner. WEST HILL ' N PARK, INC. , BAESSLER CONSTRUCTION, INC. , a Colorado corporation a Colorado corporation ten'- • /� \ 1 I c_ 952066 3 AMENDED COVENANTS FOR WEST HILL-N-PARK 3RD FILING ALSO KNOWN AS ARROWHEAD SOUTH WHEREAS, the plat for West Hill-N-Park 3rd Filino , also known as Arrowhead South, has been filed of record in Weld County , Colorado: and WHEREAS, the parties hereto desire to amend those Covenants for West Hill-N-Park 3rd Filing also known as Arrowhead South . recorded April 15, 1991 in Book 1296 as Reception No. -=47133 of the Weld County Records: THEREFORE the following Amended Covenants are adopted to be binding upon and inure to the benefit of the owners of all parcels of real estate within West Hill-N-Park Third Filing who obtained title to such parcels subsequent to the date upon which these Amended Covenants were filed of record in Weld County , and whose grantor was West Hill-N-Park , Inc. or its heirs or assigns , and to any and all owners who accept these Covenants by executing them, and their successors and assigns. 1 . Each lot in the subdivision shall be occupied for residential purposes only by a conventional fixed-location home constructed on the lot. No buildinos shall be erected , altered , placed or permitted to remain on any lot other than one detached single-family dwelling not exceeding two stories in height and a private garage for not more than three vehicles. One tool shed of factory origin , maximum of B ft. by 10 ft. , may be placed upon lot. 2. No dwelling shall be constructed on any lot at a cost of less than $40, 000.00. Said sum shall be increased or decreased proportionately for changes in the consumer price index after the date on which these Covenants are recorded . It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings already existing in Arrowhead South. The area of dwellings, exclusive of open porches and garages, shall be as follows: a . Not less than BOO square feet for a one story dwelling ; b. Not less than 900 square feet for the total of any two adiacent levels of a dwelling with three or more levels; c. Not less than S00 square feet on the upper level of a two level home where the lower is a garden level ; d . Not less than 600 square feet per story for a home of two stories or more. 952066 AMENDED COVENANTS FOR WEST HILL-N-PARK 3RD FILING Pave 2 3 . .No structure of a temporary character, trailer, basement, tent, shack , garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently . 4. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period . 5. No lot shall be used for an open storage of construction materials or any other material , except during the construction of an authorized improvement. 6. No noxious or offensive trade or activity shall be conducted upon any lot. 7. No animals of any kind shall be raised, bred or kept upon any lot for commercial purposes. B. No patio, carport or other addition to a home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line. 9. Fencing shall be either of two styles - Elcar type chain link , 4 or 5 ft. in height, or cedar or redwood board fencing not to exceed 6 ft. in height. No fencing shall be placed on the front 20 ft. of lot. 10. In no event shall any portion of any home or other structure be erected over any easement for utilities or otherwise. 11 . No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one home shall be permitted on any one lot. 12. Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 13. Natural drainage associated with any lot shall not be altered so as to drain onto the adiacent properties. 14. All trash, garbage and other household debris shall not be allowed to accumulate for more than seven (7) days before disposal . Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 952066 AMENDED COVENANTS FOR WEST HILL-N-PARK 3RD FILING Page 3 15. No animals or fowl of any kind shall be kept or maintained on any lot, except that two dogs and two cats may be kept as pets, and two caged birds may be kept as pets. The total number shall not exceed four animals and can be a combination thereof , but cannot be more than two of same species. All dogs and cats shall be confined to the individual property owners premises, and such confinement shall not be on the portion of the lot bordering upon the streets or walkways of the subdivision . 16. No motor vehicle which is not currently licensed , capable of moving under its own power, and equipped with functioning lights and all other equipment required by law for operation on public highways shall be kept, stored or allowed to stand on any lot , nor be parked on the street. 17. No boat, trailer, camper or habitable motor vehicle shall be kept or stored on any lot except within an enclosure which will screen such boat, trailer, or vehicle from view from the street and adjoining lots; nor shall it be parked on street for a period longer than 48 hours. 18. Each lot shall be accompanied by a voting and assessable membership in the West Hill-N-Park Property Owners Association . Said Association shall be responsible for the maintenance of all parks, tot lots, buffer zones, storage areas and other areas designated from use of all resident of the West Hill-N-Park 3rd Filing. Bylaws for the Association will be developed , changed , and enforced by the Board of Directors of the Association . 19. The developers of West Hill-N-Park 3rd Filing shall build and maintain all facilities within the designated open spaces and parks until such time as 50% plus one of these lots have been sold to other voting members; thereafter the developers of West Hill-N-Park 3rd Filing shall vote and pay assessments on only that number of the lots remaining in their ownership. 20. Due to the damages to streets and ways within West Hill- N-Park 3rd Filing occasioned by the use of said streets and ways by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than five ( 5) tons. 21 . Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 22. All of the above described Covenants shall be effective through August 1 , 1998, and said Covenants shall be effective thereafter for additional ten-year periods without any further action of the West Hill-N-Park Property Owners Association , unless prior to the commencement of any additional ten-year • 952066 4 • • • 6/i0/90 • TO WHOM IT MAY CONCERN: There will be no lots sold for mobile homes in the division West Hill-n-Park 3rd filing, also known as -Arrowhead South. West Hill-n-Park Inc . fCa. RJohn Shupe Baessler Construction Co . , Inc . Moritz Baessler • 952066 7 . , Nen! ter° °, a . . . . . ,a"e, AR' XGo,00, w 6n,an oe, u ooru Sne.e - ' . , Dare Seem new , Ra tP D inoma, u a•.a wna Dion _. July 11, 1984 Mr. Rod Allison Weld County Planning Staff Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Allison: Submitted herewith is a construction cost estimate as required for final plat submittal . Listed as follows : PHASE 1 AREA FROM CASA GRANDE DRIVE SOUTH 1. 2' Valley Pan 3,980 L.F. 4.60 18, 308 2. 2 ' Cross Pan 38 L.F. 4.60 175 3. 4" Base Course Class 6* 1,846 Tons 11.00 20, 306 4. 2" Asphalt Paving* 900 Tons 35.00 31,500 5. Primer (MC 70) 8,698 S. Y. . 22 1, 914 6. Chipseal 13, 722 S.Y. 1.00 13,722 7. Fire Hydrants 8 EA. 1,200.00 9,600 8. Gas Service 101 EA. 250.00 25,250 9. Electrical Service 101 EA. 300.00 30, 300 10. Telephone Service 101 EA. 200.00 20,200 11. Luminaires 5 EA. 1,200.00 6,000 Subtotal $177,275 12. 47th Avenue a. Excavation 3,578 C . Y. 3.00 10, 734 b. 4" Base Course* Class 6 715 Tons 11.00 7,865 c . 2" Asphalt Paving* 386 Tons 35.00 13,510 d . 5" Gravel Shoulder 429 Tons 6.00 2, 574 e. 18" CMP 80 L.F . 20.00 1,600 S 36, 233 Construction Total $213,558 Plus 10% for Engineering Contingencies S 21 , 356 PHASE I TOTAL S234,914 *Thickness may vary depending upon the CBR test . 952066 800 Eighth Avenue P 0 Box 2021 Greeley, CO 80632-2021 303-356-3930 Mr . Rod Allison Page 2 July 11, 1984 PHASE 2 AREA NORTH OF CASA GRANDE DRIVE 1. Earthwork 1,500 C.Y. @ $ 1. 50 $ 1, 500 2. 2' Valley Pan 10,320 L.F. 4.60 47,472 3. 2' Cross Plan 228 L.F. 4.60 1,049 4. 4" Base Course Class 6* 4,946 TONS 11.00 54,406 5. 2" Asphalt Paving* 2,412 TONS 35.00 84,420 6. Primer (MC70) 23,306 S. Y. .22 5,127 8. 8" PVC Sewer Pipe 4,216 L.F. 8.40 35,415 9. Manholes - to 10' deep 16 EA. 1,170.00 18,720 10. '4" Sewer Services (back of walk) 93 EA. 205.00 19,065 11. 8" DIP Water System 900 L.F. 13.00 11,700 12. 6" DIP Water System 3,224 L.F. 11.00 35,464 13. 3/4" Water Services 93 EA. 120.00 11, 160 14. Fire Hydrants 12 EA. 1,200.00 14,400 15. 8" Gate Valves 2 EA. 580.00 1, 160 16. 6" Gate Valves 8 EA. 480.00 3,840 17. Crosses 2 EA. 215.00 430 18. Tees 2 EA. 175.00 350 19. 90° Elbows 4 EA. 160.00 640 20. Tapping Sleeves 3 EA. 700.00 2,100 21. Gas Service 93 EA. 250.00 23,250 22. Electrical Service 93 EA. 300.00 27,900 23. Telephone Service 93 EA. 200.00 18,600 24. Luminaires 13 EA. 1,200.00 15,600 1433, 768 25. 47th Avenue a. Earthwork 430 C.Y. 3.00 1, 290 b. 4" Base Course* Class 6 558 TONS 11.00 6, 138 c . 2" Asphalt Paving* 301 TONS 35.00 10,535 d . 5" Gravel Shoulder 334 TONS 6.00 2,004 e. 18" CMP 80 L.F. 20.00 1,600 $ 21 , 5h7 Subtotal $455, 335 Plus 10% for Engineering and Contingencies S 45, '.;33 PHASE II TOTAL $500,o568 Mr. Rod Allison Page 3 July 11, 1984 If you have any questions or need further information, please call me. Sincerely, MIX, A Professional Corporation Michael T. Thomas, L.S. Manager, Survey Services MTT:kv • 952066 ARIX Corporation i AR. ' I Engineers Architects J Scientists Greeley,CO• Grand unction,CO Provo,UT •Tempe,AZ • Riverton,WY A Division of Versar, Inc. • Q _ J— March 21 , 1989 --mar? ^ 1989 . Mr. Drew Scheltinga MD aulr - is Weld County Engineer 915 - 10th Street Greeley, CO 80631 RE: West Hill N Park 3rd Filing, ARIX Project it 82102.00 Dear Mr. Scheltinga: Hill N Park Inc. wishes to complete the filing of West Hill N Park 3rd by executing an improvements agreement and recording the plat . We are attempting to obtain FHA and VA approvals for this filing. One of the requirements is formal acceptance of the existing streets for maintenance and an agreement to accept the remaining streets after they have been constructed as designed and approved. Enclosed is a drawing showing the streets in question. We would appreciate it if you would review this case and inform us as to what , if anything, we need to do to obtain the formal acceptance. If you have any questions, please give me a call. Sincerely, AR IX Corporation //,/ ichael Thomas Project Manager MTT/sa Enclosure cc: Roy Lunch/all L -J'— j— ` "� Rod Allison O2ri. f: C'� �`t,�r�IJ tJUN 2 9 1989 WEId tu. 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'�-- %. ,mw� _ " I __ ^) { i e MS• x I y l F// 1 1 I O11 1 1 rJ y n ]�S •n .1 [ tr / r y 3 L w.tg N L h^ i / {'' i� r1 II .y.4.x•wry anti• rr v ///jj7"4"` a C y "'Win-. .m ` r mm r G • u —1 ' .-, yy • LPG,// M , y +rry- t.r� a ,.e��ry^eA -n.Y vF 2 \�].•.Y ? .•.'.- I 'x 5 _�.�l —F'`'• •.i= .yy --!f saw Y+r .__ b ]� 1.44 • 2 ti a� vC. �i� a x:7 ' hi• �yi�d:y .P .,2.- r r •Y 1 r // Y L \ ' un ! .'• 11 1. "'Y G 1 1 • am„.. DIRT f •4. I '�. 1 Ym,1s ��Y ^J i x1.y 57'i iy rb 1 ry ,C v �y a �IIIt:4 ,a•'itx l '.u1'i• -n,Y 3^l�In�h- mN _.. �� 1 eta • � I I-� sry yy y v L as era \ �� S IQS —y LNrIZ �y / ru �CANYON !r! •r F tl / `, I •• .• COUNTY ROAD 51 _•• 952066 • - WEST HILL SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 18, 1989 A regular meeting of the Weld County Planning Commission was held on July 18, 1989, in the County Commissioners' Conference Room, Third Floor (#316) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. Tape 346 - Side 2 MOTION: In the absence of both the chairman and vice-chairman, Jerry Kiefer moved Ann Garrison be nominated Chairman Pro Tem. Motion seconded by LeAnn Reid. Motion carried unanimously. The meeting was called to order by the chairman pro tem, Ann Garrison, at 1 :33 p.m. Ann Garrison Present Jerry Burnett Present Ivan Gosnell Absent - Telephoned Lynn Brown Absent - Telephoned LeAnn Reid Present Rick Iverson Present Jerry Kiefer Present Ernie Rcss Absent - Telephoned Bud Falldorson Absent - Telephoned Also present: Lanell Curry, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary A quorum was present. The summary of the last regular meeting of the Planning Commission held on June 20, 1989, was approved as distributed. CASE NU12ER: S-302 APPLICANT: West Rill-N-Park, Incorporated REQUEST: Resubdivision (Reduce number of lots from 194 to 108) . LEGAL DESCRIPTION: West Hill-N-Park, 3rd Filing, Weld County, Colorado LOCATION: Approximately one mile south cf the City of Greeley. APPEARANCE: Mike Thomas, P.E. , ARIX, represented the applicant. The original request for the third filing of West Hill-N-Park was approved in 1984, but because of the economy and expense involved the applicant wishes to reduce the number of lots and place stick-built homes on some of the lots. There will be no change in the platting or the size of the lots. This filing will just be a smaller area. They have reviewed the recommendation and conditions defined by the staff. They are taking exception to Condition #4 which 1 k1AS I( 952066 .1r( 1/i(0 loci Summary of the Weld County Planning Commission Meeting July 18, 1989 - Page 2 recommends closure of all roads from the subdivision into Arrowhead Subdivision. They want to open 47th Avenue along the third filing into Arrowhead. The developer will be responsible for all initial costs and will then turn the road over to the County. They also want to change the name of the subdivision from West Hill-N-Park to Arrowhead South. Lanell Curry reported the staff and County Commissioner's Office has received some complaints from the residents in Arrowhead regarding the use of illegal roads to gain access into the subdivision. Roy Lundvall, Developer, explained how 47th Avenue currently runs, and if developed, how it would run along the third filing into Arrowhead. Lee Morrison explained the proposal to extend 47th Avenue was not reviewed by the Weld County Engineering Department. Therefore, the only actions possible today would be either a continuance or the Planning Commission can act on the recommendation made by the Department of Planning Services staff. Mike Thomas reported his client wished to go ahead with this request today. He will come back with a second application for the extension of 47th Avenue. The Chairman called for discussion from the audience. There was none. The Chairman asked the applicant if they objected to the recommendation and conditions being filed with the summary as a permanent record? They had no objections. MOTION: Jerry Kiefer moved Case Number 5-302 for West Hill-N-Park, Inc. , be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based on the recommendation and conditions presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Rick Iverson. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairnau asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Rick Iverson - yes; LeAnn Reid - yes; Jerry Burnett - yes; Ann Garrison - yes. Motion carried unanimously. :52066 /o RESOLUTION RE: APPROVE RESUBDIVISION OF WEST HILL-N-PARK, THIRD FILING - ARROWHEAD SOUTH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 26th day of July, 1989 , in a public meeting, the Board considered the request of Arrowhead South for the resubdivision of West Hill-N-Park, Third Filing, Weld County, Colorado, and WHEREAS , the Board reviewed the submitted evidence and heard the testimony of those present, and WHEREAS, the Board, having considered the recommendation of the Weld County Planning Commission, finds that the resubdivision request concerning West Hill-N-Park, Third Filing, shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 6-4 B. of the Weld County Subdivision Regulations. 2 . It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 6-4 E. of the Weld County Subdivision Regulations as follows: a. No lot or parcel of land will be created that is less than the minimum requirements for area or dimension as established by these regulations or other applicable ordinances . b. Drainage easements or rights-of-way reserved for drainage will not be changed . c. The proposed resubdivision plat will not be altered in any way which will adversely affect the character of the plat filed. 952066 Page 2 RE: RESUBDIVISION - ARROWHEAD SOUTH 3 . The following referral entities have reviewed this request and set forth no objections: a. City of Greeley b. Town of La Salle c. West Greeley Soil Conservation District d. Milliken Fire Protection District e . City of Evans 4 . Concerns have been presented by the Weld County Engineering Department and Weld County School District 6 . Conditions of approval address these concerns . 5 . The Weld County Utilities Coordinating Committee recommended approval of this request at its meeting on June 22 , 1989 . 6 . The Department of Planning Services staff has not received any objections from surrounding property owners . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Arrowhead South for the resubdivision of West Hill-N-Park, Third Filing, Weld County, Colorado, be, and hereby is , approved subject to the following conditions: 1 . Prior to recording the final plat, the applicant shall submit evidence to the Department of Planning Services that an agreement has been approved by Weld County School District 6 regarding a school bus loading and unloading and turn-around point. The plat shall be amended to show this turn-around point, if applicable . 2 . Prior to recording the final plat, the applicant shall post acceptable collateral in accordance with the Improvements Agreement According Policy Regarding Collateral for Improvements to secure and ensure completion of the required improvements as set forth in Section 11 of the Weld County Subdivision Regulations . 352066 Page 3 RE: RESUBDIVISION - ARROWHEAD SOUTH 3 . Prior to recording the final plat, the applicant shall submit information demonstrating the Homeowner' s Association has been formed. The following sentence shall be added to the terms of Article XVI of the Bylaws of West Hill-N-Park Property Owner ' s Association: "A provision for automatic renewal of the covenants shall be made a part of the covenants, and a provision allowing for enforcement of the covenants by the Homeowner' s Association shall be made a part of the covenants. " 4 . Prior to recording the final plat, the applicant shall close all access between West Hill-N-Park Subdivision and Arrowhead Subdivision, including Weld County Road 33 . The method of closure may include but shall not be limited to the installation of barricades, fencing, and ditches. The proposed method of closure shall be submitted to the Board of County Commissioners for approval . The access closure shall be completed prior to recording the final plat. 5 . Prior to recording the final plat, the applicant shall submit copies of the Articles of Incorporation , Bylaws, and Covenants which include the Arrowhead South resubdivision. The following notes shall appear on the recorded plat: 1 . Prior to November 1 , 1989, a row of Russian olive trees shall be planted by the applicant and maintained by the applicant until such time as the Homeowner ' s Association is prescribed to take over maintenance. The trees shall run the entire length of West Hill-N-Park, Third Filing, as it abuts Weld County Road 52 and Weld County Road 33. The trees shall be spaced a maximum of five feet apart and he a minimum of three feet in height at the time of planting. 2 . No noxious or offensive activities shall be carried out upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Junk vehicles may not be stored on any lot. A junk vehicle shall be construed to be any inoperative 952066 Page 4 RE: RESUBDIVISION - ARROWHEAD SOUTH vehicle. No other junk items shall be stored there, i .e . , used building materials or any other matter . No lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or rubbish shall be disposed of in a neat and orderly manner at a facility authorized to accept waste material . Any expense incurred for the disposal of such waste material shall be the sole responsibility of the property owner. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D. , 1989 . 2.f1 �J BOARD OF COUNTY COMMISSIONERS ATTEST: / C � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, C airman BY: /� '/ y _ a ue ne Joason -Tem Deputy%Coun • erk APPROVED AS TO FORM: ene" R. Brant er George Ke7 County Attorney Gerd e 952066 LIND , LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING I01t ELEVENTH AVENUE P O.BOX 126 GREELEY.COLORADO B0612 • GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND 11011151-1123 KIM R LAWRENCE 11011 356-9160 TELE(orIER 001) 146.1111 November 18 , 1992 Mr . Roy Lundvall , President west Hill-N-Park, Inc. P .O. Box 632 Greeley , CO 80632 Dear Mr . Lundvall : You have requested that we review the zoning and the covenants applicable to the West -.Hill-N-Park subdivision, and particularly West Hill-N-Park Third Filing which is known as Arrowhead South. For your convenience, I am attaching a plat which shows the property that is included in the various filings of West Hill-N- Park . The zoning for all of West Hill-N-Park is R-5, mobile home residential district, under the Weld County zoning ordinance . Uses which are permitted by right in the R-5 zone are one single family dwelling per lot which may be either a mobile home, a manufactured home or a site built home. Additional uses by right include parks , schools , police and fire stations , utilities service centers and child care centers . Covenants have been adopted and recorded for all of West Hill- N-Park which contain additional limitations and restrictions regarding uses and activities which may be conducted within West Hill-N-Park . These covenants apply in addition to the County zoning provisions,, and. will- supersede the zoning ;.provisions in cases in which the covenants ,are "more :restrictive. - Thus even though a use may be permitted under the County zoning ordinance, if that use is prohibited by the covenants , it may not be conducted . This application of more stringent covenants is especially true of the Third Filing/Arrowhead South. Special covenants have been recorded for Arrowhead South which differ significantly from the covenants applicable to the rest of West Hill-N-Park . The most significant distinction between the covenants is that mobile homes and manufactured homes are not permitted in Arrowhead South. The 952066 Mr . Roy Lundvall , President West Hill-N-Park, Inc. November 18 , 1992 Page 2 only dwellings that are permitted in Arrowhead South are fixed location homes constructed on the lot. These covenants , therefore , preclude anyone from locating a mobile or manufactured home on a lot in Arrowhead South, even .•though 'the County zoning ordinance would otherwise permit a mobile or manufactured home. Yours very truly , LIND7LAWRENCE,&; TENHOFF e ge H Ot enhoff GHO/en• F:\GDV.ETT&S\LUNNALL • 952066 \1 ,X-_ �. . fowl.. _ 3 r_1( 1• /q �l C J' k,1,ovn a 11 reD W A.e4d' o , 1 "wig . ®, , ; 1 44, i 4\7. Aria . ."1.1 tin . . i .._:...,. . _:,.., iiir . ..., ...r.trt{_i _....? 11 4 M r.rusr r...n .•0; 4. . !Jr/A 14.111r 4 . , I. ti '10”111;111 ' Nil ir r r . • 1 ,- eel* t.'11, ' nik \\VP S Cf � r -. yr, 1 1 s I 1 'I s, , E ,_ 1 _ . i ilk 1 Ir w - - I. •_ .rr-i •I' t rl .i'Ir. a.. ..r +[ 'D 1 ,y^• �S � �•.��1L• 11914411111111 ., Y , _ �I r 1 1� • '1 1 i1 r r'r �I '1 , ' ng2 It of, r Lv rM1. ' I \ 1 I�� 1 l: ' I Z I rr OM in.M.I Owe -b, 2r` , tY� , . aI. .. � • ,}, 1 — qp•I 1..rt .Le% {! 1: O� .r�'ra \� rl ..lee 1 sr +:�. 11 t , . . :..r'_..1 4 - .... 04irin. f_ O i ,r. , r` ri k .; ,4 -0„ 1 ) ..., yy1 r{ 1• � q _f._ L.�- - ...�.. ,L�. .Mb'%fib- ♦ �. .,.. IiIJ l•' :Lois � •+�:' ,II ii):sa, •r`I 11 i i11 'iy II1 p , -• 1 . ' �t,� i t �I I� ,b •alit,., a n 1Ir— f r L,.^Z, vet. svi wI ,• ♦-^I N L_Li 1 ki-_it .J I t.I .I 'I ' I ; ifr i�- I I m' in' 1 O fi rAA ,C. 141 1i 1 Q .1I s. Ji1 . I,,�/) ';1 • - - _may _ ,..,— r• -ra .Arm--dam, 1 1 - a ` I ! ;E .:• 1 :r i .rr ns ft I , , —... , _ L. f ' it;��.- .-Y-.� 1 -r �\ a! Lei .ql .- '? tr 't6 + 'r'i'�'t my . , O •' \ `� 1 & 1� • k I ill n ' . .o ... y .,.-_n3..i... _ . J 1., WEST HILL 'NI PARK l 3 1 952066 AUG-28-95 MON 16: 17 CTX MORTGAGE CO FAX NO. 1 970 225 2880 P, 01,u, CTX Morn Company - 155 E. 8oarclwolk Dove,#4000 Fort Collins,Colorado 80.525 at (970)225-2800 i Ted and Sheila Baessler 3505 Holman Ct . Greeley, Co 80631 Dear Mr. and Mrs . Haessler, The following is a brief outline of our lending arrangement that we have had over the last three plus years . As you are aware, we have been your primary lender for the Arrow Head South Subdivision, which for the most part, we have financed your new construction homes as either FHA, VA' s and some conventional loans . It has always been our understanding that the north half of the 3rd filing would be conventional frame construction homes, and that we would continue with our same financial arrangements as we have done in the past . We began as late as last summer, preparation to meet FHA and VA project approval for the north half of the second phase of the 3rd filing . We are prepared to continue lending for the north parcel , provided that the zoning, covenants, special restrictions etc . remain the same, and that no adverse changes occur regarding these items . We have been advised that there may be some changes as to a potential replating or changes in the restrictive covenants of the 3rd phase . This may result in having our corporate offices and/ or governmental review before we can continue with any future home loans . Please keep us advised as to any County Government changes , replating or zoning changes of any kind which could effect the property. These changes may effect our ability to finance your homes . Should you have any questions regarding this matt•.r, .lease do not hesitate in contacting me directly: • Sincea_l /roil . • t r . 0 . -11 ivan Mo - gag- :anker . 952066 AUG-28-95 MON 16:38 CTX MORTGAGE CO FAX NO. 1 970 225 2880 P. 01 FROM : ROCKY MOWIPIN APPRAISAL SUCS. PHONE NO. : 303 667 7124 Aug, 28 1SS5 04:32PM P02 b IC AOCKYmouNTAls\ APPRAISAL. SERVICES 970-667-7124 1714 TOPAZ Dm., SUITE 1 25-F FAX 667-2516 LowtLAND, CO 80537 August 26, 1995 Mr. Steve Sullivan CTX Mortgage 155 East Boardwalk Fort Collins, co Dear Mr. Sullivan, ' Per our telephone conversation on August 25, 1995, I am writing this letter to generally address marketability issues related to areas with mixed construction , types. In areas with both frame, on-site construction and modular construction, the frame, on-site improvements can experience a negative external influence. There is even greater potential for market resistance if mobile homes are introduced into the immediate area. From a technical standpoint of the appraisal assignment, identifying comparable sales with similar external influences would be very difficult. These type of mixed construction areas are limited and that in itself can define the appraisal process as limited as well. Please advise of any related issues. Regards, Th T. Benton, AL013L8331 Licensed Appraiser, state of Colorado 952066 PETITION This Petition is concerning a Public Hearing before Weld County Planning Commission on 3, concerning Final Plat-West Hill-N-Park calling to the attention of said Court the already existing conditions GC said Hill-N-Park. Below parties involved are in agreement that conditions are deplorable and unsanitary lowering the land value surrounding Hill-N-Park. We also wish to call to the Courts attention covenances not being upheld within Hill-N-Park and desire some satisfaction before Mr. Lundvall is allowed to extend this area. All below Petitioners are within 500 feet of final plat . ,y OrLi 0 J 99,� j�J� 952066 The Covenants from West Hill-n-Park Inc. state in paragraph #2 : It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings in West Hill-n-Park Third Filing also known as Arrowhead South. In order for these Covenants to be met ALL homes MUST have; 1 . full poured concrete basements 2. 2 car garages not smaller than 20 ' x 20 ' 3. full 2 ' overhangs 4. 8" facia 5 . siding equal to or better than Ruff X 90 factory primed Cottage Quad-lapp 6 . factory painted seamless raingutter on the entire home 7. all patios must be poured concrete of redwood decks on ground level not less in size of 10 ' x 12 ' 8 . a. Not less than 1042 square feet for a one story dwelling; b. Not less than 1012 square feet for the total of any two adjacent levels of a dwelling with three or more levels; c. Not less than 1042 square feet on the upper level of a two level home where the lower is a garden level ; and d. Not less than 652 square feet per story for a home of two stories or more. 9. Yards must be completed within first year 10. In order to blend with Arrowhead the homes in Forth Filing must not be built with the same house and elevation across from or next to. 11 . Two stories, tri levels and 1 1 /2 story homes must be built among ranch homes in the same proportion as Arrowhead South as not to break up the roof lines, keeping the Forth Filing from looking like the mobile home park. As per the covenants #19, West Hill-n-Park, Inc. is to build a park in accordance with the design submitted by the home owners in the first phase of Third Filing. Baessler Construction Inc. will pay the first year' s insurance premium on the fully developed park including benches, picnic tables, and play ground equipment. This offer is valid for 30 days only (with work beginning on October 1 , 1995 and to be completed by December 1 , 1995 . ) 952066 LLND, LAWRENCE & 01'1'ENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.o. aox 326 GREELEY.COLORADO dO672 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND KIM R. LAWRENCE (970)353-2323 (970)356-9160 IEFFREY R. BURNSTELECOPIER (970)356-I1l1 August 25 , 1995 Weld County Department Via Telefax: (970) 352-6312 of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention : Todd Hodges Re : West Hill-N-Park Fourth Filing (Subdivision S, No . 381) Dear Todd: Enclosed please find a copy of revised Covenants for West Hill-N-Park Fourth Filing . Please substitute these proposed Covenants for the Covenants which were provided at the time the Fourth Filing application was filed. The only changes are in Paragraphs 1 and 2 . Basically, the applicant has deleted any reference to mobile and modular homes and replaced that with the manufactured home definition used by Weld County in Ordinance No . 89-DD which was approved in February of 1995 . I would also mention that this definition for manufactured home is now under the single family dwelling definition in the Weld County Zoning Ordinance and is permitted in zoning areas such as R-1 . I believe that these revised Covenants make it abundantly clear as to the consistency of the filings, especially in light of the fact that this definition of manufactured home is permitted in all residential districts in Weld County. Based upon these new proposed Covenants, we hereby withdraw our transition modification (seven lots for stick built homes on the South side of Homestead Court and ten lots for modular homes on the North side of Homestead Court) . As to the six foot fence condition between the Third and Fourth Filings, please be advised that the applicant will install the six foot wooden fence if that is still desired by Planning or by the County Commissioners . 952066 Weld County Department of Planning Services August 25 , 1995 Page 2 However, in light of the changes made in these Covenants it would seem that said fence is not necessary. If you have any questions, please contact the undersigned. Very truly yours, LIND, CE OTTENHOFF t Kenneth F. Lind KFL/cg Enclosure pc : Lee Morrison, Assistant County Attorney 952066 COVENANTS FOR WEST HILL-N-PARK FOURTH FILING The following Covenants shall bind and inure to the benefit of the owners of all parcels of real estate within West Hill-N-Park Fourth Filing, Weld County, Colorado, and whose grantor was West Hill-N-Park, Inc . or its heirs or assigns, and to any and all owners who accept these Covenants by executing them, and their successors and assigns . 1 . Each lot in the subdivision shall be occupied for single family residential purposes only by either a conventional fixed- location home constructed on the lot, or new manufactured home (as defined in Amended Section 10 . 1 .M of Weld County Ordinance No . 89- DD) . No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not exceeding two stories in height and a private garage for not more than three vehicles . One tool shed of factory origin, maximum of 10 feet by 12 feet , may be placed upon lot . 2 . No dwelling shall be constructed or erected on any lot at a cost of less than $45 , 000 . 00 . Said sum shall be increased or decreased proportionately for changes in the consumer price index after the date on which these Covenants are recorded. It is the purpose of this Covenant to assure that all dwellings shall be of a quality equal to or better than that of the dwellings in West Hill-N-Park Third Filing also known as Arrowhead South. The area of dwellings, exclusive of open porches and garages, shall be as follows : a . Not less than 800 square feet for a one story dwelling; b . Not less than 900 square feet for the total of any two adjacent levels of a dwelling with three or more levels ; c . Not less than 800 square feet on the upper level of a two level home where the lower is a garden level ; and d. Not less than 600 square feet per story for a home of two stories or more . 3 . No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 4 . . No sign of any kind shall e displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 5 . No lot shall be used for an open storage of construction materials or any other material, except during the construction of an authorized improvement . 952066 6 . No noxious or offensive trade or activity shall be conducted upon any lot . 7 . No animals of any kind shall be raised, bred or kept upon any lot for commercial purposes . 8 . No patio, carport o other addition to a home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line . 9 . Fencing shall be either of two styles - Elcar type chain link, four or five feet in height, or cedar or redwood board fencing not to exceed six feet in height . No fencing shall be placed on the front twenty feet of lot . 10 . In no event shall any portion of any home or other structure be erected over any easement for utilities or otherwise . 11 . No lot as platted shall be subdivided for the purpose of making two or more lots . No more than one home shall be permitted on any one lot . 12 . Easements for utilities and maintenance thereof are reserved as shown on the recorded plat . 13 . Natural drainage associated with any lot shall not be altered so as to drain onto the adjacent properties . 14 . All trash, garbage and other household debris shall not be allowed to accumulate for more than seven day before disposal . Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department . 15 . No animals or fowl of any kind shall be kept or maintained on any lot; except that either two dogs, two cats, or two caged birds may be kept as pets . The total number shall not exceed three animals and can be a combination thereof, but cannot be more than two of same species . All animals shall be confined to the individual property owners premises, and such confinement shall not be on the portion of the lot bordering upon the streets or walkways of the subdivision. 16 . No motor vehicle which is not currently licensed, capable of moving under its own power, and equipped with functioning lights and all other equipment required by law for operation on public highways shall be kept, stored or allowed to stand on any lot, nor be parked on the street . 17 . No boat, trailer, camper or habitable motor vehicle shall be kept or stored on any lot except within an enclosure which will screen such boat, trailer, or vehicle from view from the street and adjoining lots; nor shall it be parked on street for a period longer than forty-eight hours .. 952066 18 . Each lot shall be accompanied by a voting and assessable membership in the West Hill-N-Park Property Owners Association . By-laws for the Association will be developed, changed, and enforced by the Board of Directors of the Association . 19 . The developers of West Hill-N-Park Fourth Filing shall maintain the designated open spaces and parks until such time as 50% plus one of the total lots have been sold to other voting members . At that time, the Owners Association shall be responsible for the maintenance of all said parks, tot lots, buffer zones, storage areas and other areas designated for the use of all residents of West Hill-N-Park Fourth Filing. 20 . Due to the damages to streets and ways within West Hill- N-Park Fourth Filing occasioned by the use of said streets and ways by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than five tons . 21 . Invalidation of any one of these Covenants by judgment or Court order shall in no way affect any of the other provisions which shall remain in full force and effect . 22 . All of the above described Covenants shall be effective through May 1, 2005 , and said Covenants shall be effective thereafter for additional ten year periods without any further action of the West Hill-N-Park Property Owners Association, unless prior to the commencement of any additional ten year period appropriate action is taken by West Hill-N-Park Property Owners Association to terminate the effect of the above Covenants . Any such action taken by the West Hill-N-Park Property Owners Association shall be filed of record with the Weld County Clerk and Recorder in a form which will substantially inform any interested party as to the termination of the above Covenants . 23 . These Covenants may be enforced by the West Hill-N-Park Property Owners Association or by the owner or owners of any lot in West Hill-N-Park Fourth Filing. Dated this day of , 1995 . WEST HILL-N-PARK, INC. By: President • 952066 _ _. TITLE; e 29 • 9'. »PII; _723522312 = • sr d J 1 ...,...e-"5I"/Hot? . MAP 1 4 Err I .84 • 1 PROTECTIVE COVENANTS FOR HILL-N-PARK, A SUBDIVIEION a LOC,TED IN THE SOUTH HALF (Sit OF SECTION TWENTY- SIX (261, IN TOWNSHIP FIVE (6) NORTH, OF RANO! ®CTY- ,.ya. FIX feel WEn, OF THE SIXTH PRINCIPAL MEREDLAN, WELD COUNTY, COLUILAIXI. 0 - NNrtty Al ' MEN BY THESE PRESENTS. ,. That WI 'N PARK. INC., s Corporation organized and calrl- r q„ ,ng uralcr and by ,1r'fua of the laws of the State of Colorado, J 3 72 W,n1 the ,nsner of al'. the reel properly sere]nahoae described. 1 Tr - for fhe use end hn^cRt of itself end all person, paraer•hips r . tor oorPurat ram clatrnin„s say no of the shove des,rllad reel f 1 grope rty by, through or under said Corporation, h.r.by declare., ~! I. represents, ',Krems, restricts erd covenants that the use, enjoy- 41 5., . melt and nwrars!'.` ,..f the above described rest property shall tr I be erC the same Is hereby rest rIcted, limited conditioned and r(. prntncted by the Imposition of the following restrictions and s .• limitations, to-wit: Fr it. 1 T'n ,j `Yl. '. ?,i 1r F9 n f; ,t., 6 • • rya''..0 y t< 952ng . 4 A' tO SE Rv ; TRANSAMERICA TITLE; 8-29-95 12:25PM; 9703522312 => #2/3 J 40 579 1501t75 8-A COVENANTS FOR Hlh`l,.N^ pApK • 1. Each lot in the subdivision shall be occupied for residential o mobile home only, P rMfea by a • • t. No mobile home located on a lot may be other than of factory origin aryl may not be more than five yenreold on the data It if !coated on a lot. 3. Any mobile home located on a Int shall be of dimensions fee lees than 10 feet by 46 foot. ) t. Each m nhlle home located on a lot shall lw sot Dock at load 60(eat from any street. 6. Each lot on which a mobile home is located shall be fenced en follows; 1.4 (a) The entire rear portion of each IN:1 (b) t$%of side lines; to Street frontage shall he etdenaad; (d) Style of fence required shall be Lear type chain link fence similar to type Installed on Lot Fifteen(lb), in Block One(1), HHI-N-ParL is. No-basement house, tent, shack, tang, bent or trailer, prefabricated • �; strut-ion or any out..building shall-be occupied or used as a residence, tem- porarily or permanently, 7 r. All carports and patios or additions to mobile homes shall be of factory origin. roar B. All vohlobs, boats, campOrs, tractor., trailers Or trucks'hall be parked t'In special lot provided In maid subdivision and shall net be puked on en Individual lot. S. A eencrete driveway shall be Instal) . on each lot within one year of the purchase thereof, 10. No lot shall be used for storage or lumber or any Other material, except during the construction of any authorised improvement. II. No noxious or offensive trade or activity shall be conducted ,on any lot. .__.._. 12. No animals of any kind shall be raised, bred or kept neon any lot for corn- martial purposes. 1t, No mobile borne, patio,-carport or other addition to a mobile home shall be located any nearer than 10 feet to the rear lot line and no more than one mobile hems may be placed on aro one lot. 14. In no event shall any portion of any mobile home or other stftietr¢'e be erected over any easement for utilities or.otherwise. I.S. No lot as planed shall-be subdivided for the purpose of making two or mare Iota. No more than one mobile home shall be permitted on any one lot. 4. l6. Easenfe0ts for utilities anti maintenance thereof are referred as shown on • the recorded plat. • • • - 2 - — 952066 SENT BY: TRANSAMERICA TITLE; 8-29-95 12:25PM; 9703522312 -> ; rxai:d e -- • m 57f1 1501.17E t I. g-5 , r. - 17. Natural drainage associated Hih soy lot lot shall not be altered ao as to drain R - onto the adjacent proportion,'.' • ^-:i• • l6. AU of the abase dncril'1M covenants shall be aff•oltra Vail Mara 1,1991. - t';.- DATED this 1st day of March, 1967. '' T:>C - 1`:'l - HILL'N PARK, INC.SP1 . -. (41,.. tr-qed/r41,42 r . M -am , t ie is •s7. �; J, `t 1�00\• ,`: CP '' STATE OF COLORADO ) • as v ,'6 . COUNTY OF WELD { 3+''' - aa»eteeetd ba(o»me this f,gp let day of Mare�1967 by Ivan D. Shots orado Corporation.Presided aid Jobe Mffi�l —..- ' Wk secretary of Hill 'N Park, w 1tYt f l WITNESS my- hand and notarial a•al. N. 1 ' 1•4r .p tt eon expires; /� / n 1�lM0Ta Ytsi �• N • ' •^' `1!,196E ublto l 14u at.W+,"„ 4 et1 a S: Derr..... :`a,,A ar C ."• }: . F f 11 St t 4 , i,. a`: i (/fi�r r ' •..- • 952�.y66 (t3 r t SECOND AMENDED COVENANTS FOR WEST HILL-N-PARK The following AMENDED COVENANTS shall bind and inure to the benefit of all owners of parcels of real estate within the WEST HILL-N-PARK SUBDIVISION located in Weld County, Colorado, whose ownership interest in such real property dates from a time subsequent to the date upon which these AMENDED COVENANTS were filed of record with the Weld County Clerk and Recorder , and whose grantor of such real property interest was WEST HILL-N-PARK, INC. , its heirs or assigns. 1 . Each lot in the subdivision shall be occupied for residential purposes by a mobile home or by a conventional fixed-location hone constructed on the lot . However , no fixed-location home may be constructed on any lot until such time as the applicable Weld County Zoning Regulations have been amended to permit such construction. 2. No mobile home located on a lot may be other than of factory origin and may not be more than five years old on the date it is located on a lot. 3 . Any mobile home located on a lot shall be of dimensions of less than 12 feet by 46 feet. 4. Each mobile home located in a lot shall be set back at least 25 feet from any street right-of-way. 5. Each lot on which a mobile home is located shall be fenced as follows: A. The entire rear portion of each lot; B. 75% of the side lines; C. Street frontage shall be unfenced; D. Style of fence required shall be Elcar type chain link fence similar to type installed on Lot Fifteen (15) , in Block One (1) , Hill-N-Park. 6. No basement house, tent, shack, garage, barn or trailer , prefabri- cated structure or any out-building shall be occupied or used as a residence, temporarily or permanently. 7 . All carports and patios or additions to mobile homes shall be of factory origin. 8. A concrete driveway shall be installed on each lot within one year of the purchase thereof. 9. No lot shall be used for open storage of construction materials or any other material, except during the construction of an authorized improve- ment. 10. No noxious or offensive trade or activity shall be conducted upon any lot. 11. No animals of any kind shall be raised, bred or kept upon any lot for cannercial purposes. 12. No mobile home, patio, carport or other addition to a mobile home shall be located any nearer than 10 feet to the rear lot line and 5 feet from side lot line and no more than one mobile home may be placed on any one lot. 13. In no event shall any portion of any mobile home or other structure be erected over any easement for utilties or otherwise. 14. No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one mobile hone shall be permitted on any one lot. 15. Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 16. Natural drainage associated with any lot shall not be altered to as to drain onto the adjacent properties. 952066 1 17. All trash, garbage and other household debris shall not be allowed to accumulate for more than seven (7) days before disposal. Each property owner shall be responsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 18. All dogs, cats and other domestic pets shall be confined to the individual property owner's premises. Confinement of such pets shall not be on that portion of the lot bordering upon the streets or walkways of the subdivision. No more that 2 adult animals of any type will be retained as pets on each lot. 19. No lot owner or occupant shall allow an immobilized motor vehicle to stand on said lot for a period longer than 30 days. In addition, no owner or occupant of a lot shall allow more than one inmobilized motor vehicle to stand on said lot for a period greater than 48 hours. For the purpose of this covenant, an "immobilized motor vehicle" shall be considered any motor vehicle not presently capable of movement under its own power. 20. No lot owner or occupant shall allow any junk vehicle to stand on said lot or anywhere within the confines of WEST HILL-N-PARK SUBDIVISION for any period of time. For the purposes of this covenant, a "junk vehicle" shall be considered any motor vehicle which could not be driven legally on the roads in the State of Colorado because the present condition of such vehicle does not meet the minimum standards for such vehicle as set forth in Sections 42-4-202 through 42-4-231 of the Colorado Revised Statutes, 1973 (as amended) . 21. Each lot shall be accompanied by a voting and assessable membership in the WEST HILL-N-PARK Property Owners Association. Said Association shall be responsible for the maintenance of al parks, tot lots, buffer zones , storage areas and other areas designated for the use of all residents of the WEST HILL-N-PARK SUBDIVISION. Bylaws for the Association will be developed , changed and enforced by the Board of Directors of the Association. The developers of WEST HILL-N-PARK SUBDIVISION shall build and maintain all facilities within the designated open spaces and parks until such time as 50% plus one of the lots have been sold to other voting members; thereafter the developers of WEST HILL-N-PARK SUBDIVISION shall vote and pay assessments on only that number of the lots remaining in their ownership. 22. Due to the damage to streets and ways within WEST HILL-N-PARK SUBDIVISION occasioned by the use of said streets and ways by semi-tractor/ trailer rigs, no lot owners or occupants , or invitee of the same, shall traverse the streets or ways within the subdivision with a vehicle with a gross weight greater than two (2) tons. 23. All of the above described covenants shall be effective through August 1, 1998, and said covenants shall be effective thereafter for addi- tional ten-year periods without any further action of the West Hill-N-Park Property Owners Association, unless prior to the commencement of any additional ten-year period appropriate action is taken by the West Hill-N-Park Property Owners Association to terminate the effect of the above Covenants . Any such action taken by the West Hill-N-Park Property Owners Association shall be filed of record with the Weld County Clerk and Recorder in a form which will substantially inform any interested party as to the termination of the above covenants. 24 . These above covenants may be enforced by the West Hill-N-Park Property Owners Association. Dated this t L day of �‘1� I , 19 C S WEST_HILL,N=PARK, INC. by: , / /' '/ Roy Lunddall, President 952066', 2 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Subscribed and sworn to before me this /1 ` day of Ai / , 1985, by WEST HILL-N-PARK, INC. by Roy Lundvall, President. JJJ WITNESS my hand and official seal. My Commission Expires My Commission Expires: August 22, 1987 71 Notary Pic 952066 3 - ----...-.• _ - - - ice _ y C` L . . I L. 1 SI �1 • • • I� t at di I • . fir ' J . � .Er • ' * r � . . - 1 � . . I A . 1 . � i ' . (`S iirf � • • g ' } .• It t 'tt • Y � l r , t . f I . ) �4 fir } - + I 7 • r U • • / P. - •• 1 • • III • • k 1 S. Is a • • S - mow - • ` . Ile • • Y • • 11 , • lik pi • • r -1_,. ' _I_ a lianaMilia: I P • • • . a _ VMS+- IP . • • • Ar . ,ir • • • , • • • ft I I it Ill , •" — • • • AI jib 4 ' • • • t . t • C Y 4 II + • Mr 11.11111Wr• . . L / IL- , • 10 • • `• . . w u � , a ALE 1 4/ , f • • • • • ` � le. 13 • • • - • de ). „ ,_ + 1 IL• • • . . . dall • * • • ' • i • • aldr: 4. 44„ • r ' mhmai •IR i • • 4, ./. 4 a 114* . Pik at • j • .... r3 ' • • *am �• . � cAbQ �' • mope.? 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(14 Ill 8or ,-a' Cori OT D. 1/04 ACReS g' •a' fr Nit I ON g^ N 00 k b v r/ • /l 11' u' KINGS CANNON Al O/•/% /1'w Ai a•//•/1•w /OAP DRIVE 65151 4101,' 4/79 riqp; tai • t ct"•1L v l • a/JO _ 44 I pow art I V D JO' o �V j oiret x f It-, (•/ So• Et h 1% s-� sir 4 8.zi `t so are ,QkrI dam .J4 30 I 7010' 7940 Ill NY 0 L .w00: I cpyriN tar .10 a Ceb /o CN./. t). i a.,nep (atWeee A7 14 o•0. A'4n•f'es N 4"114""' -too oo N 007Z 00 w N arIt C0.0, L ASJEN 1 J A' N I i gle 7.00.2r.(vA' ti 000 14) � 11 on. ,,.t. intent r /000 0000 41000 , 0/ At . , ZI7PTE'r /174,9) al 4 •44 O �1t r N04W'0 " 1 e�or-` 1 i tt JURY 411 COURT -- LHie' t N 90•( en/ / /1. ValDi �._ 441-11 qiti 4' 00•lienijvpo Qicb: A7a3' docii I2 A2 44.4,;; :l4 *we //idle 40GtJ ia""•f0 s: (.�.....ni -- 8A I tt C# 4ie IV �� $t~ 81 8 `^ �� $�� le �+ `}i J� ^,, EJN ors/4-4, .' 7�-� too oo . J/l1 ' 11' 0000 NGt�'ll'M'K/ fa" AY EVERGLADE COURT_ N are?'00•W moo a 44 in 7P' • t _J • I8 Na• 017/./1. JO X ADZ • G 1.r 8 .9 frOlsoivoorie-4, CG ItiB.� • Ais ///1'w J I/411 ki 00 00 W va•// t'�1 i3, 4• 1 r r- O ' l 0liJ AlAC71 j >•v�t�' ---111111 4 et (/K /sty I[Il•Arw/ TK410; leis . (//0 /rtgorepo^ (. y•.nv.1 lad'// /1'w 1 'WOO' t 1.1 azr is a 4, •s•�.� I8a tl _ � J._r_ . dodo: - t+, /v a•//vt w 6000 kdeseanett A 8* r J�� r 1. a 60 fl N Co _,�L� r d a 1.434/441 V a - 9r» . .4 la - r line ' '•• 4 •T-- — _rn.. I 4 -F.40 -'I -J.F.I ilr l I it I. ialwarir (=wall We St g O • O • O •-o Tad U o u 43) Z o g e —• r ;2. MAO T -- Ted & Sheila Baessler • 3505 Holman Court • Seeley CTX Mortgage Company a subsidiary of Centex Corporation THE SOURCE FOR ALL YOUR MORTGAGE NEEDS OPEN HOUSE BY: SHEILA BAESSLER REAL ESTATE OFFICE: BAESSLER CONSTRUCTION 356-6251 PROPERTY ADDRESS: NEW CONSTRUCTION MORTGAGE INFORMATION: FNMA 1 Yr. ARM 216 Caps Loan Program: Sales Price: Base Loan Amount: Financed MIP/PMI/VA Fee: Total Amount Financed: Annual Property Taxes: Loan to Value: Interest Rate: Discount Points: Term of Loan: Buydown Rates: Estimated Annual Percentage Rate: MONTHLY HOUSING EXPENSE: Principal / Interest: Property Taxes: Hazard Insurance: Monthly MIP/PMI: Homeowner Assc. Dues: TOTAL MONTHLY PAYMENT: ESTIMATED CLOSING COSTS: Origination Fee: V A Funding Fee: Buydown Fee: Title Insurance: Appraisal Fee: Credit Report: Underwriting Fee: Tax/Flood Cert.: State Document Fee: Recording Fees: Tax Service Fee: Survey: Closing Fee: TOTAL CLOSING COSTS: ESTIMATED PREPAID EXPENSES: Prepaid Interest: -Daily Amount: Property Tax Escrow: -Per month: Mortgage Insurance: -Per Month: Hazard Insurance: -Per Month: $29.50 $19.23 $102.00 $69.30 TOTAL PREPAID EXPENSES: CASH TO CLOSE SUMMARY: Discount Points: Closing Costs/Prepaids: Downpayment Required: Mortgage Insurance: (-)Seller/Lender Cont. (-)Earnest Deposit: $120,000 $108,000 0.00 $108,000 $1,224 90.00% 6.50% 0.00 360 0.00 6.634% $682.63 $102.00 $29.50 $69.30 $883.43 $1,080.00 $0.00 $0.00 $180.00 $325.00 $58.00 $200.00 $20.00 $12.00 $50.00 $71.00 $90.00 $100.00 $2,186.00 $576.90 $204.00 $138.60 $413.00 $1,332.50 $0.00 $3,518.50 $12,000.00 $0.00 $0.00 $0.00 EST.TOTAL CASH TO CLOSE: $15,518.50 $19.23 $102.00 $0.00 $29.50 STEVEN D. SULLIVAN (970) 225-2800 RATER MD TERMS ME SUBJECT TO CHANGE WITHOUT NOTICE CONV 30 YR. Fixed Rate $120,000 $96,000 0.00 $96,000 $1,224 80.00% 8.00% 0.00 360 0.00 8.136% $704.41 $102.00 $29.50 $0.00 $960.00 $0.00 $0.00 $180.00 $325.00 $58.00 $200.00 $20.00 $12.00 $50.00 $71.00 `$90.00 $100.00 $2,066.00 $631.24 $204.00 $0.00 $413.00 $1,248.24 $0.00 $3,314.24 $24,000.00 $0.00 $0.00 $0.00 $27,314.24 $24.99 $102.00 $74.10 $29.50 CONV 30 YR. Fixed Rate W/PMI $120,000 $114,000 0.00 $114,000 $1,224 95.00% 8.00% 0.00 360 0.00 8.260% 155 E. BOARDWALK #4000, FORT COLLINS, CO 80525 • (970) 225-2800 RATES AND TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE EQUAL HOUSING OPPORTUNITY $836.49 $102.00 $29.50 $74.10 $1,042.09 $1,140.00 $0.00 $0.00 $180.00 $325.00 $58.00 $200.00 $20.00 $12.00 $50.00 $71.00 $90.00 $100.00 $2,246.00 $631.24 $204.00 $148.20 $413.00 $1,396.44 $0.00 $3,642.44 $6,000.00 $1,197.00 $0.00 $0.00 $10,839.44 I ' . 4 Ct ♦ • , 'p ' • • tit • 3 • I • • 0' a 4 • • a. Is 1 iv y+ 4 • • a • • } • • L a • • +.• - 1t • • 44 tr, .• • et • r i ti • fa ` a -� -•I Iti 4 , iti • • S i ;14, • 4r_ Y • • Y M i r • • + • r • • • w-• ale • • r • '1v •t( , Sys, lc r air,.' irt • • • Y R • -e-• • • • 1 • • • a ^ ' • • • • • .L tat • O. cit 9 di ► ••• • v • ti Y .a . I ♦:c. yr r' • . • ••••Y� . 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