HomeMy WebLinkAbout20240177.tiffPLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT # /AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 7 0 5 _ 3 2 _ 3 _ 0 2 _ 0 0
1
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.weld.qov)
(Include all lots being included in the application area. If additional space is required, attach an additional sheet.)
Legal Description Lot 1 Block 2 Home Ranch , Section 32 , Township 07 North, Range 67 West
Property Address (If Applicable) 36149 Kyle PI, Windsor, CO 80550
Existing Zone District: PUD-Estate Proposed Zone District: PUD-EstatTotal Acreage: 3.516
Average Lot Size: Minimum Lot Size: Proposed Subdivision Name:
Proposed Area (Acres) Open Space:
Are you applying for Conceptual or Specific Guide? Conceptual
Proposed #/Lots
1
Specific ❑
FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet)
Name: Eric Gertge
Work Phone # 9702270124 Home Phone # Email Address egertge@gmail.com
Address: 36149 Kyle PI
City/State/Zip Code Windsor / CO / 80550
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: SAME
Work Phone # Home Phone # Email Address
Address:
City/State/Zip Code
UTILITIES: Water:
Sewer:
Gas:
NWCWD, North Weld County Water District
Private
Propane
Electric: Excel
Phone: Century Link
DISTRICTS: School: RE4-WINDSOR
Post: Windsor
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of
property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of
Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and
the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld
County, Colorado:
('‘v' -1`1-23
Signature: Owner or Authorized Agent Date
Signature: Owner or Authorized Agent Date
07/22
10
We would like to remove the building envelope from our lot so we can build an outbuilding outside of
the building envelope. The house is in the building envelope, and the location and design of the
outbuilding has been approved by the HOA. We need to remove the building envelope to be able to get
a permit and build the outbuilding outside of the building envelope. We would like the detached garage
to be slightly to the east of the building envelope so the driveway to this garage can line up better with
the driveway to the garage on the house, and to minimize the southern view obstruction for our
neighbor. This would put the garage more directly to the south of our house and would have less of an
impact on the southern view for our neighbor.
The site is zoned PUD-Estate and as such is subject to the Estate Zone District building setbacks. If
approved, this would be the 3rd out of 8 lots in the neighborhood to have their building envelope
removed. The neighborhood and lots were designed for multiple buildings on each lot, but the building
envelopes were not placed or sized for this, resulting in multiple building envelope removal requests.
The HOA has agreed that all main houses must be in the building envelope, and any additional structures
would be voted on by all members of the HOA. The design and placement of my proposed detached
garage was already approved by the HOA.
In the HOA covenants, there is a piece that describes the building types and use restrictions, which the
addition of my detached garage fits into the use of these lots. Below is the piece from the HOA
covenants describing this.
9.2 Building Type and Use Restrictions. Each Lot may be used only for residential purposes and
developed by construction of a Dwelling Unit and a guest house or caretaker residence ("Guest House")
together with accessory structures, which are incidental to a residential use and which is subordinate to
the Dwelling Unit constructed upon a Lot.
4756116 09/14/2021 04:10 PM
Total Pages: 3 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County , Co
FIRST AMENDMENT
TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE HOME RANCH
T
This FIRST AMENDMENT (the "Amendment") is made as of Jul 3 [2021 to that
certain Declaration of Covenants, Conditions, Restrictions and Easements for the Home Ranch
dated August 12, 2008 (the "Covenants") by The Home Ranch, LLC, a Colorado limited liability
company ("Home Ranch").
WHEREAS, the Home Ranch previously created the Covenants to provide a framework
for the Property;
WHEREAS, the Lot Owners desire to amend the Covenants in accordance with Article 19
of such Covenants; and
WHEREAS, the Lot Owners have approved this Amendment in accordance with Article
19 of such Covenants.
NOW, THEREFORE, in consideration of the Lot Owners' agreement to amend the
Covenants and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Lot Owners agree as follows:
1) Capitalized terms defined in the Covenants shall have the same meaning when used herein.
2) Exhibit A attached hereto shall serve as a supplemental document to be included in the
term "Plat", as described in Section 2.1.3.8.
3) Paragraph 3.6 of the Covenants is hereby deleted in its entirety and the following is inserted
in its place:
3.6 Maximum Number of Lots. The maximum number of Lots within the Common
Interest Community is nine (9).
4) Paragraph 6.2(b)(viii) of the Covenants is hereby inserted directly after Paragraph
6.2(b)(vii) as follows:
(viii) Lot A of the Recorded Exemption RECX 20-0083. Sixty (60) feet along the
southern lot line, Tract B, and Hannah Way as per Plat.
5) Paragraph 6.2(c)(xi) of the Covenants is hereby inserted directly after Paragraph 6.2(c)(x)
as follows:
(xi) Lot A of the Recorded Exemption RECX 20-0083. Fifteen feet (15') along the
southern lot line, Tract B, and Hannah Way as per Plat.
6) Paragraph 6.2(d) of the Covenants is hereby deleted in its entirety and the following is
inserted in its place:
4756116 09/14/2021 04:10 PM
Paget of3
(d) Detention Pond Easement. A perpetual non-exclusive Drainage and Detention
Pond Easement located across Tracts A, B, Lot A of the Recorded Exemption RECX 20-
0083, and that part of Lot 1 of Block 2, for the capture, retention, and release of irrigation
tailwater, drainage, and stormwater as described and depicted per Plat.
7) A section (d) shall be added to Paragraph 9.3 directly following 9.3(c)(iii) with the
following language:
(d) Setback. There shall be a two -hundred and twenty-five (225) foot setback from Hannah
Way on Lot A of the Recorded Exemption RECX 20-0083. The Building Envelope on Lot
A of the Recorded Exemption RECX 20-0083 shall be comprised of the land between the
northernmost lot boundary line, the two -hundred and twenty five foot setback line, the
southernmost boundary line, and the easternmost detention pond easement line that runs
across Lot A of the Recorded Exemption RECX 20-0083.
8) The Legal Description of the Property listed on EXHIBIT A of the Covenants is hereby
deleted in its entirety and the following is inserted in its place:
LEGAL DESCRIPTION OF THE PROPERTY,
LOTS 1 AND 2 OF BLOCK 1, LOTS 1 THROUGH 6 OF BLOCK 2, TRACTS A, B AND
C OF THE HOME RANCH SUBDIVISION PP -1129, RECORDED AUGUST 12, 2008,
AT RECEPTION No.3571643, RECORDS OF WELD COUNTY;
TOGETHER WITH LOT A OF RECORDED EXEMPTION No.0705-32-3 RECX20-
0083, RECORDED JANUARY 27, 2021 AT RECEPTION No.4676235, RECORDS OF
WELD COUNTY;
ALL LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION THIRTY-TWO (32), TOWNSHIP SEVEN NORTH
(T.7N.), RANGE SIXTY-SEVEN WEST (R.67W.), OF THE SIXTH PRINCIPAL
MERIDIAN (6TH P.M.), COUNTY OF WELD, STATE OF COLORADO.
9) Except as specifically modified herein, the Covenants remain in full force and effect and
the Lot Owners hereby ratify each and every term and condition thereof.
(Signatures on Following Page)
4756116 09/14/2021 04:10 PM
Page 3of3
IN WITNESS WHEREOF, the Lot Owners have caused an authorized officer or agent to sign
this Amendment to be effective as of July ?'O 2021.
THE HOME RANCH LLC
By: Eric Gertge
Its: President
STATE OF COLORADO )
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me thisg a of July, 2021, b
Y Y by
Eric Gertge, President of The Home Ranch, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires: cAlt_H2a44
KAMI REIGER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204017222
MY COMMISSION EXPIRES MAY 18. 2024
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
THE HOME RANCH
TABLE OF CONTENTS
ARTICLE I
SUBMISSION I PROPERTY ,11!II., Ir t.►r1•..1;11.,.111
ARTICLE II
DEFINITIONS1■■•■ r■ 1 1 r••\ i• r J 1 i• 1 4• t 4►► i• 1• 1 4 F}• 1 1♦ f 1 r• 1■ •. Y■#
ARTICLE III
COMMON INTEREST COMMUNITY► 7
ARTICLE IV
ASSOCIATION8
ARTICLE
MEMBERSHIP, VOTING RIGHTS AND ALLOCATIONS, . • r a a $ . 11
ARTICLE ' I
COMMON ELEMENTS I,..r.1.Y./1.•II tII4••1a...a1 ►11
ARTICLE VII
COVENANT FOR ASSESSMENTS .1.1 1 t 17
ARTICLE VIII
DESIGN REVIEW COM'iITTE _ 1•►,./••f•1,,•1.#1•.i..14# ■23
ARTICLE IX
PROPERTY E --J RESTRICTIONS, 1 t , i 1 . ► 4 1 Y • • • ! • t • f 1 * 4, i. 1 . • ■ ■ • .............. ■ 1 r t 1 • • r t • t •30
ARTICLE
ADDITIONAL DECLARANT RIGHTS AND
ADDITIONAL RESERVED RIGHTS , ... ♦ . + . 4 i , + . r40
.
ARTICLE XI
INSURANCE AND FIDELITY BONDS D 44
ARTICLE XII
ASSOCIATION .S ATTORNEY -114 -FACT 48
ARTICLE XIII
DAMAGE OR DESTRUCTION 49
ARTICLE I
CONDEMNATION■• 1 i, ♦...50
ARTICLE XV
s
EXPANSION AND WITHDRAWAL. , , .. , , , , i 1 .. 51
ARTICLE XVI
FIRST SECURITY INTEREST PROTECTION . . . 53
ARTICLE II
ENFORCEMENT OF COVENANTS 54
ARTICLE XVIII
WELD COUNTY REQUIREMENTS 55
ARTICLE XIX
DURATION OF THESE COVENANTS AND AMENDMENT. i,.
ARTICLE X
MISCELLANEOUS PROVISIONS♦....57
•
EXHIBIT A■11«i/1414 ,s 9
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B 1, . • i 60
EASEMENTS AND LICENSES
EXHIBIT C,I.$ii*4 71
DEVELOPMENT EXPANSION PROPERTY
at
674
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3511614 08/12/2006 02.Q4P Weld County, CO
i of 61 8 306.00 0 4.00 Steve Moreno Clerk & Recorder
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS
FOR
THE HOME RANCH
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE HOME RANCH is made and entered into this 12th day of August,
200g, by The Home Ranch [LC, a Colorado limited liability company, ("Declarant").
RECITALS
A. The Declarant is the owner of certain real property located in the County ofWeld,
State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by
reference ("Property").
B. The Declarant desires to create a Common Interest Community on the Property,
pursuant to the Colorado Common Interest Ownership Act, C,R.S. § 38-33.E-101, et seq,, as it
may be amended from time to time ("Act"),
C. The name of the Common Interest Community to be created upon the Property
shall be THE HOME RANCH.
D. The Common Interest Community shall be a Planned Community,
R. The Home Ranch Homeowners Association, a Colorado nonprofit corporation,
will regulate the use of certain access, drainage, utility, pedestrian, sign, landscape/open space
and entrance easements within the Common Interest Community, and such portions of the
Common Interest Community as may be designated for ownership by said Association, and to
otherwise govern the use and enjoyment by Owners of various Common Elements.
ARTICLE 1
SUBMISSION OF PROPERTY
The Declarant does hereby publish and declare that the Property shall he held, sold,
conveyed, transferred, leased, subleased and occupied subject to the following easements,
covenants, conditions, and restrictions which are for the purpose of protecting the value and
desirability of the Property, and which shall run with the Property and shall be binding upon and
inure to the benefit of all parties having any right, title, or interest in the Property, or any portion
thereof, their heirs, personal representatives, successors, and assigns. Additionally, the Declarant
does hereby submit the Property to the provisions of the Act. To the extent this Declaration is
silent on a matter covered by the Act, it is intended that the provisions of the Act apply. In the
event the Act is repealed, the Act as it was in effect on the effective date of such repeal shall
remain applicable,
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ARTICLE 2
DEFINITIONS
2.1 Definitions. When used in this Declaration, unless the context clearly indicates
otherwise, capitalized terms not othens4se defined in the Act or in the plat of the Property shall
have the meanings provided in the following sections of this Article:
2.1.1 "Access Easement" shall mean and refer to the access easement more
particularly described in Section 6.2(a) of this Declaration.
2.1.2 "Act" shall mean and refer to the Colorado Common Interest Ownership
Act, C.R.S. §38-33.3-101, et seq., as it may be amended from time to time.
2.1.3 "Allocated Interests" shall mean and refer to the Common Expense
Liability and votes in the Association.
2.1.4 "Approval" or "Consent" shall mean and refer to the prior written
approval or consent as required herein before doing, making, or suffering that for which such
approval or consent is required.
2,1..E "Assessments" shall mean and refer to all Common Expense Assessments,
Special Assessments, Individual Assessments and Fines levied by the Executive Board pursuant
to this Declaration, the Bylaws or the Rules and Regulations.
2.1.6 "Association" shall mean and refer to The Home Ranch Homeowners
Association, a Colorado Nonprofit Corporation, its successors and assigns, organized and
existing under §301 of the Act.
2.1.1 "Building Envelope" shall mean and refer to those areas within each Lot
on which Dwelling Units and other Improvements may be constructed, which building envelope
shall be reflected on the Plat or established and designated by the Design Reviens. Committee.
2.1.8 "Bylaws" shall mean and refer to any instruments, however denominated,
which are adopted by the Association for the regulation and management of the Association,
including amendments to those instruments.
2.1.9 "Common Elements" shall mean and refer to any real estate, easements or
real property interests within the Common Interest Community owned or leased by the
Association or over which the Association has acquired easements, including access, open space
tracts, drainage, utility, sign, landscape and entrance easements hereafter created pursuant to
Section 6,2 and any other property rights owned, leased or otherwise acquired by the
Association. "Common Elements" shall also include any storm drainage improvements,
structures or other facilities, or other public improvements installed or located (or to be installed
or located) within the Common Interest Community, as well as related of -site improvements,
structures or facilities used by or benefiting the Common Interest Community and/or installed
pursuant to requirement of weld County as a condition to development of the Common Interest
2
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3571874 08/12/2008 02:04P Weld county, CO
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Community or any part thereof.
2.116 "Common Expense Assessments" shall mean and refer to all Assessments
made for Conunon Expenses.
2.1.11 "Common Expenses" shall mean and refer to expenditures made or
liabilities incurred by or on behalf of the Association, together with any allocations to reserves.
These expenses for the operation of the Common Interest Community include, but are not
limited to:
(a) Expenses of administering, maintaining, securing, insuring,
repairing or replacing the Common Elements, including, but not limited to, Common Roads
(Hannah Lane, Kyle Court and access from County Road 74), the monument sign, school bus
shelter (including electrical service to sign and shelter), common fencing, drainage and utility
easements, detention pond easement, and open space Tracts A, B and C, and the landscaping
appurtenant thereto; and
and
and
(10
Expenses declared to be Common Expenses by this Declarations
(o) Expenses agreed upon as Common Expenses by the Association;
(d) Such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement or addition to the Common
Elements or any other real or personal property acquired or held by the Association.
21. t 2 "Common Interest Community" shall mean and refer to the Property
described on Exhibit "A" attached hereto and incorporated herein by reference, together with all
real property added to the Common Interest Community pursuant to Article 15 hereinafter.
2.1.13 "Common Roads" shall mean and refer to the streets and roads identified
on the Plat (including landscape islands located in or adjacent to such streets) streets and roads to
be subsequently constructed by the Declarant within the Access Easements more fully described
in Section 6.2(a) hereinafter which are necessary to provide access to and from Weld County
Road 74 and Lots within the Common Interest Community. "Common Roads" shall not include
Private Driveways constructed by individual Owners to provide access to one (1) or more
Dwelling Units or other Improvements located upon an Owner's Lott
2.1.14 "Decimate shall me -an and refer to The Home Ranch LLC, a Colorado
Limited Liability Limited Company, or any other Person or group of Persons acting in concert
who:
(a) As part of a common promotional plan, offer to dispose of to a
Purchaser such Declarants interest in a Lot not previously disposed of to a Purchaser; or
(b) Reserve or succeed to any Special Declarant Right.
3
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3"571674 08/12/2009
4 of 61 R 30U.Ofl D 0A SteUe Moreno Clerk & Recorder
2,1,15 "Declaration" shall mean and refer to this Declaration, including any
amendments hereto and also including, but not limited to, Plats for the Property recorded in the
office of the Clerk and Recorder ofWeld County, Colorado.
2,1.1+6 "Default Rate" shall mean and refer to the lesser of (1) the rate per annum
of five (5) points above the prime rate charged by the Association's bank, or such other rate as
shall have been established by the Executive Board of the Association, and (ii) the maximum rate
allowed by law.
2.1.17 "Design Guidelines" shall mean and refer to the guidelines and rules
published and amended and supplemented from time to time by the Design Review Committee.
2.1,1S "Design Review Committee" or "DRC" shall mean and refer to the
committee established to review and approve plans for the construction of Improvements on Lots
as set forth in Article g of this Declaration.
2.1.19 "Director" shall mean and refer to a member of the Executive Board,
2.1 ,2o "Documents" shall mean and refer to this Declaration, the Plat as recorded
and filed, the Bylaws, and the Rules and Regulations as they may be amended from time to time,
together with any exhibit, schedule or certificate accompanying such Documents.
2.1.2 f "Drainage Easement"} "Utility Easement" and "Detention Pond
Easement" shall mean and refer to the drainage easements more particularly described in Section
6.2(b), the utility easements more particularly described in Section 6,2(c) and the detention pond
easement more particularly described in Section 6,2(d) of this Declaration. •
2.1, 22 "Dwelling Unit" shall mean and refer to a single-family residential
dwelling constructed on a Lot,
2.1.23 "Entrance Easements and Fencing" shall mean and refer to the easement
for the placement of the school bus shelter, monument sign, landscaping and common fencing as
more particularly described in Sections 6.2(e), 6.3(e) and 6,3(d) of this Declaration
2,1.24 "Entry Sign(s)" shall mean and refer to the monument sign identifying the
Common Interest Community located near the entrance off of Weld County Road 74.
2125 "Executive Board" shall mean and refer to the Executive Board designated
in the Declaration to act on behalf of the Association.
2.1.26 "Fines" shall mean and refer to any monetary penalty imposed by the
Executive Board against a Lot Owner because of a violation of this Declaration, the Articles of
Incorporation of the Association, its Bylaws or the Rules and Regulations by such Lot Owner} a
member of the Lot Owner's family or tenant or guest of the Lot Owner or a member of a family
of a tenant of a Lot Owner.
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2.1.27 "Iniprovement(s}" shall mean and refer to all Dwelling €nits, buildings,
parking areas, fences, walls, hedges, plantings, lighting, poles, roads, ponds, parks, lakes, trails,
gates, signs, changes in exterior color or shape, excavation and a l l other site work, including,
without limitation, grading, road construction, utility improvements, removal of trees or
plantings, and any new exterior construction or exterior improvement which may not be included
in the foregoing. "Improvement(s)" does not include turf, shrub or tree repair or replacement of
a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)"
does include both original improvements and all later changes and improvements.
2.1.28 "Individual Assessment" shall mean and refer to any Assessment made
against the Lot of a Lot Owner pursuant to the provisions of this Declaration, the Bylaws or the
Rules and Regulations, other than a Common Expense Assessment or Special Assessment.
2.1.29 "Landscape Flaw" is more particularly described in Section 6.2(g) of this
Declaration and shall mean and refer to that part of the flat of The Home Ranch as it has been
recorded and may be amended or supplemented from time to time, in the records of the office of
the Clerk and Recorder of Weld County, Colorado.
2.1.30 "Limited Common Elements" shall mean and refer to those portions of the
Common Elements, if any, designated in this Declaration, or on any Flat, or by the Act, for the
exclusive use of one (1) or more, but fewer than all of the Lots.
2.1,31 "Lot" shall mean and refer to a physical portion of the Common Interest
Community which is designated for separate ownership or occupancy and the boundaries of
which are described in or determined from the Declaration. The term "Lot" as used in this
Declaration shall have the same meaning as the term" Unit" as used in the Act
2, I.32 "Manager" shall mean and refer to a Person employed or engaged to
perform management services for the Common Interest Community and the Association.
2.1.33 "Member" shall mean and refer to every person or entity who holds
membership in the Association.
2,1.34 "Open Space Tracts" shall mean and refer to the dedicated open space
tracts more particularly described in Section 6.2(0 of this Declarations
2,1.35 "Owner" or "Tot Owner" shall mean and refer to the record owner,
whether one (1) or more Persons, of a fee or undivided fee interest in any Lot, as defined herein,
which is part of the Property, including contract purchasers, but excluding those having such
interest merely as security for the performance of an obligation,
2.1.36 "Period of Declarant Control" shall mean and refer to the period of
Declarant control as set forth in Section 5,2 hereinafter.
2.1.37 "Person" shall mean and refer to an individual, corporation, business trust,
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estate, limited liability company, limited partnership, general partnership, association, joint
venture, government, government subdivision or agency, or other legal or commercial entity.
2.1 lag "Plat" shall mean and refer to the Plat of The Home Ranch as it has been
recorded and may be amended or supplemented from time to time, in the records of the office of
the Clerk and Recorder of Weld County, Colorado.
2.139 'Private Driveway" shall mean and refer to any access driveway which
branches off the Common Roads providing access to one (1) or more hut less than all Lots and
which is not located within the Access Easement described in Section 612(a) hereinafter,
2,1.40 "Property" shall mean and refer to that certain real property described on
Exhibit "A" attached hereto and incorporated herein by reference.
2,1.41 "Purchaser shall mean and refer to a Person, other than the Declarant or a
Dealer, who, by means of a transfer, acquires a legal or equitable interest hi a Lot, other than:
(a) A leasehold interest in a Lot of less than forty (40) years, including
renewal options, with the period of the leasehold interest, including renewal options, being
measured from the date the initial term commences; or
(b) A Security Interest.
2.1.42 "Rules and Regulations" shall mean and refer to any instruments, however
denominated, which are adopted by the Association for the regulation and management of the
Common Interest Community, including any amendment to those instruments,
2.1 ,43 "Security Interest" shall mean and refer to an interest in real estate or
personal property, created by contract or conveyance, which secures payment or performance ce of
an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security
deed, contract for deed, land sales contract, lease intended as security, assignment of lease or
rents intended as security, pledge of an ownership interest in an association, and any other
consensual, lien or title retention contract intended as security for an obligation. "First Security
Interest" shall mean and refer to a Security Interest in a Lot prior to all other Security Interests
except the Security Interest for real property 'taxes and assessments made by \Veld County,
Colorado, or other governmental authority having jurisdiction over the Common Interest
Community.
2.1.44 "Special Assessment" shall mean and refer to the special assessment for
capital improvements, capital acquisitions and other items which are described in Section 7.4 of
this Declaration,
2.1.45 "Special Declarant Rights" shall mean and refer to the rights reserved for
the benefit of the Declarant to perform those acts specified in Article 10 hereinafter.
2.1,46 "Special Declarant Rights Period"! shall mean the period beginning on the
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3111674 0811212009 02:04P Weld County, CO
7 of 61 R 306.00 D 0,00 Steve Moreno Clerk & Recorder
date this Declaration is first recorded in the office of the Clerk and Recorder of Weld County,
Colorado, and ending on the date on which the Declarant shall have conveyed to parties (other
than a Successor Declarant) all Lots originally owned by the Declarant in the Common Interest
Community,
2.l.47 "Successor Declarant" shall mean any Person to whom the Declarant
assigns any or all of its rights, obligations or interest as Declarant, as evidenced by an assignment
or deed of record in the office of the Clerk and Recorder of Weld County, Colorado, designating
such party as a Successor Declarant, signed by the transferor and the transferee, and othenvise
complying with the requirements of the Act. Upon such recording, the Declarant's rights and
obligations under this Declaration shall cease and terminate to the extent provided in such
document.
2.1.48 "Supplemental Covenants" shall ear' and refer to additional or further
restrictive coven ants imposed on a portion or portions of the Property from time to time.
2.2 Other Terms Defined its. Act. Unless the context clearly indicates otherwise, other
terms defined in the Act shall have the meanings attributable to such terms in the Act.
2.3 Other Temps in Declaration. Other terms in this Declaration may be defined in
specific provisions contained herein and shall have the meaning assigned by such definition.
ARTICLE 3
COMMON_INTEREST TE RT COMM-MTV
3.1 Name„ The name of the Common Interest Community is The Home Ranch,
3,2 Association, The name of the Association is The Home Ranch Homeowners
Association,
33 Planned Community. The Common Interest Community is a Planned Community.
3.4 County. The name of every county in which any part of the Common Interest
Community is situate is weld County, Colorado.
3,5 Legal Description. The legal description of the Property included in the Common
interest Comaunity is set forth on Exhibit "A" attached hereto and incorporated herein by
reference. The legal description may be changed by the addition of teal property pursuant to
Article 15 hereinafter.
3.6 Maximum Number of Lots. The maximum number of Lots that the Declarant
reserves the right to create within the Common Interest Community unity is eight (8).
3.7 Boundaries of Lots. The boundaries and identifying number of each Lot created
by the Declaration are set forth on the Plat for the Property.
7
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3.8 Limited Common Elements. The Common Interest Community may
hereafter include Limited Common Elements, and any real estate may be subsequently allocated
as Limited Common Elements, as provided elsewhere in this Declaration.
3.9 Recording Data. All easements and licenses to which the Common Interest
Community is presently subject are as set forth in this Declaration, the Plat for the Property or
are listed on Exhibit "B" attached hereto and incorporated herein by reference.
3,10 'Notices, Notice of matters affecting the Common Interest Community may be
given to Lot Owners by the Association or by other Lot Owners in the following manner: Notice
shalt be hand delivered or sent by United States mail, postage prepaid, to the mailing address of
each Lot or to any other mailing address designated in writing by the Lot Owner to the
Association. Such notice shall be deemed given when hand delivered or when deposited in the
United States mail, postage prepaid.
ARTICLE 4
ASSOCIATION
4.1 Authority- and Power. The business and affairs of the Common Interest
Community shall be managed by the Association. The administration of the Common Interest
Community shall be governed by this Declaration, the Act, the Articles of Incorporation, the
Bylaws and published Rules and Regulations of the Association, The Association shall have all
of the powers, authority and duties permitted pursuant to the Documents and the Act which are
necessary and proper to manage the business and affairs of the Common Interest Community.
4,2 Declarant Control, Subject to the limitations of Section 303 of the Act, or persons
designated by it, Declarant may appoint and remove the officers of the Association and members
of the Executive Board for a period of ten (10) years after this Declaration is recorded in the
office of the Clerk and Recorder of Weld County, Colorado.
4.3 Executive Board .- 'oRt ers. and _Duties, The Executive Board may act in all
instances on behalf of the Association} except as provided in this Declaration or the Bylaws. The
Executive Board shall have, subject to the limitations contained in this Declaration and the Act,
the powers and duties necessary for the administration of the affairs of the Association and of the
Common Interest Community, which shall include, but not be limited to, the following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations regarding the use and enjoyment
of The Common Elements} and the activities of occupants thereon.
(c) Adopt and amend budgets for revenues, expenditures and reserves.
(d) Collect Assessments from Lot Owners.
8
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(e) Hire and discharge Managers,
(f) Hire and discharge independent contractors, employees and agents, other
than Managers.
(g) Institute, defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violation of the Documents in the Association's name, on behalf of the
Association, or two (2) or more Lot Owners on any matters affecting the Common Interest
Community.
(h) Make contracts and incur liabilities.
(1) Enter into agreements for the acquisition of real property interests and
recreational opportunities, including, without limitation, access easements to public and private
lands.
0) Regulate the use, maintenance, repair, replacement and modification of the
Common Elements,
(k) Cause additional Improvements to be made as a part of the Common
Element.
(1) Acquire, hold, encumber and convey in the Association's name, any right,
title or interest to real estate or personal property, but the Common Elements may be conveyed
or subjected to a Security Interest only pursuant to this Declaration and applicable law.
(rn) Grant easements for any period of time, including permanent easements,
leases, licenses and concessions through or over the Common Elements, and to provide for the
sharing of costs of maintaining same, as appropriate, and on terms deemed reasonable by the
Executive Board,
(n) Accept exclusive or non-exclusive easements for any period of time,
including permanent easements, through or over lands lying outside the Common Interest
Community for the benefit of Owners of Lots, and to provide for the sharing of costs of
maintaining same, as appropriate, and on terms deemed reasonable by the Executive Board.
(o) Impose and receive a fee or charge for the use, rental or operation of the
Common Elements and for services provided #o Lot Owners.
(p) Impose a reasonable charge for late payment of Assessments and levy a
Fine for violation of this Declaration, the Bylaws and the Rules and Regulations of the
Association,
(q) Impose a reasonable charge for the preparation and recordation of
supplemenis or amendments to this Declaration and for statements of unpaid Assessments.
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(r) Provide for the indemnification of the Association's officers, agents and
the Executive Board and maintain Directors' and officers{ liability insurance.
(s) Assign the Association's right to future income, including the right to
receive Common Expense Assessments, only upon the affirmative vote of the Lot Owners of
Lots to which at least seventy-five percent of the votes in the Association are allocated, at a
meeting called for that purposes
0) Act as an arbitrator or mediator with respect to any dispute between Lot
Owners if the Lot Owners involved shall consent in writing to the submission of such dispute to
the Association for resolution.
(u) Exercise any other powers conferred by the Documents.
(v) Exercise any other power that may be exercised in the State of Colorado
by a legal entity of the same type as the Association.
(w) Exercise any other power necessary and proper for the governance and
operation of the Association,
(x) Exercise any power and/or enforce any rights of the Association or
delegated to the Association pursuant to any future lease, contract or other arrangement, as
determined to be appropriate from time to time by the Executive Board.
(y) By resolution, establish permanent and standing committees of Directors
to perform any of the above functions under specifically delegated administrative standards as
designated in the resolution establishing the committee. All committees must maintain and
publish notice of their actions to Lot Owners and the Executive Board. However, actions taken
by a committee may be appealed to the Executive Board by any Lot Owner within forty-five (45)
days of publication of a notice. If an appeal is made, the committee's action must be ratified,
modified or rejected by the Executive Board at its next regular meeting.
4.4 Executive Board Limitations. The Executive Board may not act on behalf of the
Association to amend this Declaration, to terminate the Common Interest Community, or to elect
members of' the Executive Board or determine their qualifications, powers and duties or the
terms of office of Executive Board members, but the Executive Board may fill vacancies in its
membership for the unexpired portion of any term.
4.5 Owner's egli erne and Individual Assessments. Notwithstanding anything to the
contrary contained in this Declaration, or in the event that the need for maintenance or repair of
the Common Elements or any improvements located thereon is caused by the willful or negligent
act, omission or misconduct of any Lot Owner, or by the willful or negligent act, omission or
misconduct of any member of such Lot Owner's family, or by a guest or invitee of such Lot
Owner, or any tenant of such Lot Owner or any contractor, subcontractor, agent or subagent of
such Lot Owner, or the tenant's family, the costs of such repair and maintenance shall be the
10
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personal obligation of such Lot Owner, and any costs, expenses and fees incurred by the
Association for such maintenance, repair or reconstruction shall constitute an "Individual
Assessment" and shall be added to and become part of the Assessment to which such Owner's
Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration, In
addition, the Executive Board may levy an Individual Assessment against any Owner or his or
her Lot if the Owner, his or her family members, tenants, guests or invitees willfully or
negligently fail to comply with the terms and provisions of the Documents, resulting in the
expenditure of funds by the Association to cause compliance by such Person with the terms and
provisions of the Documents. An Individual Assessment shall be levied and the amount of the
Individual Assessment shall be established only after notice to the Lot Owner and the right to be
heard before the Executive Board in connection therewith.
ARTICLE 5
MEMBERSHIP VOTING RIGHTS AND ALLOCATIONS
5,1 Membership, Every Owner of a Lot which is subject to Commons Expense
Assessments shall be a Member of the Association. The foregoing is not intended to include
Persons who hold an interest merely as security for the performance of an obligation,
Membership shall be appurtenant to and may not be separated from ownership of any Lot which
is subject to Common Expense Assessments by the Association. Ownership of such Lot shall be
the sole qualification for membership. When more than one (1) Person holds a membership
interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised
as they among themselves determine, but in no event shall more than one (1) vote be cast with
respect to any Loot,
$.2 Yoting_ilights and Assignment of Votes. The effective date for assigning votes to
Lots created pursuant to this Declaration shall be the date on which this Declaration is recorded
in the records of the Clerk and Recorder of Weld County, Colorado.
5.3 Allocated Interests. Except as otherwise provided in this Declaration, the
Common Expense Liability and votes in the Association allocated to each Lot are set forth as
follows:
(a) The percentage of liability for Common Expenses shall be allocated on the
basis of equal liability for each Lot regardless of the actual number of acres contained therein;
€ nd
(b) The number of votes in the Association shall be allocated on the basis of
one (1) vote for each Lot regardless of the actual number of acres contained therein.
ARTICLE 6
COMMON ELEMENTS
6.1 Dedication of Common Elements. The Declarant hereby dedicates the Common
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Elements to the common use and enjoyment of Lot Owners as hereinafter provided,
6.2 Dedication of Easements. Subject to the limitations and restrictions set forth in
this Article 6 and all existing easements, reservations, restrictions, covenants and agreements of
record, the Declarant does hereby establish, remise, release, sell, convey, quitclaim and dedicate
unto the Association, its successors and assigns, for the use of the Owners of Lots within the
Common Interest Community, their family members, tenants, guests and invitees, the following
perpetual non-exclusive easements in, over, across and upon real property located within the
Property at the locations described below andfor depicted or described upon the Plat for the
Property;
(a) Access Easement. A perpetual non-exclusive vehicular and pedestrian
Access Easement sixty feet (60') in width which is depicted on the plat as "Hannah Lane", and
"Kyle Court" to provide ingress and egress to and from Weld County Road 74. Without limiting
the foregoing, Declarant shall reserve for itself or retain and dedicate to others, the non-exclusive
right to use that portion of the Access Easement for egress and ingress to Lot B.
(b) Drainage Easement. A perpetual non-exclusive Drainage Easement for
irrigation tal iwater drainage, stormwater drainage and historical drainage and the installation,
construction, maintenance and inspection thereof located as follows:
(I) Lot 1 of Block 1. Twenty feet (20') along the northern lot line as
per plat*
(ii) Lot 2 of Block I, Twenty feet (20') along the southeastern,
souther, and western lot lines, together with the triangular section in the southeast corner as per
Plat.
(iii) Lot 3 of Block 2. Twenty feet (20') along the northern lot line as
per Plat.
(iv) Lot 4 of Block 2. Twenty feet (20') along the northern lot line and
thirty feet (30') along the eastern lot line, as per Plat.
(v) Lot 5 of Block 2. Twenty feet (20') along the northern lot line and
thirty feet (30') along the eastern lot line, as per Nat.
(vi) Lot 6 of Block 2. Twenty feet (20') along the northern lot line as
per Plat.
(vii) Tract B. Sixty feet (60') as per Plat.
(+c) Utility Easement. A perpetual non-exclusive Utility Easement for the
installation, construction, maintenance, inspection, operation, replacement or removal of all
utilities, including, but not limited to, water, sewer, telephone, natural gas, electricity and cable
television, to the Lots within the Common Interest Community. All utilities located within the
12
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Utility Basement shall be installed below ground unless the Declarant, upon receipt of
professional engineering advice, reasonably determines that the installation of such utilities
below ground is impractical or will result in excessive expense due to topographical, geological
or environmental factors, Said Utility Easements are located as follows:
(I) Lot 1 of Block 1. Fifteen feet (15') along Hannah Lane, twenty
feet (20') along the northern lot line, twenty feet along the eastern lot line, and twenty feet (20')
along the southern lot line, all as per Plat.
(ii) Lot 2 of Block 1. Fifteen feet (15') along Hannah. Lane, twenty feet
(20') along the southern lot line, and twenty feet (20') along the eastern lot line, all as per Flat.
(iii) Lot I of Block 2. Fifteen feet (15') along Kyle Court, ten feet
(10') along the northern and eastern lot lines, and twenty feet (20') along the southeastern,
southern, and western lot lines, all as per Plat.
(iv) Lot 2 of Block 2. Fifteen feet (15') along Kyle Court, ten feet
(1O') along the northern and eastern lot lines, and twenty feet (20') along the western lot line, all
as per Plat.
(v) Lot 3 of Block 2. Fifteen feet (15') along Kyle Court, ten feet
(10') along the southwestern and northeastern lot lines, and twenty feet (20') along the northern
and western lot lines, all as per Plat.
(vi) Lot 4 of Block 2. Fifteen feet (15') along Kyle Court and Hannah
Lane, ten feet (Ur) along the western lot line, twenty feet (201) along the northern lot line, and
thirty feet (30') along the eastern lot line all as per Plat.
(vii) Lot 5 of Block 2. Fifteen feet (15') along Kyle Court and Hannah
Lane, ten feet (10') along the eastern lot line, twenty feet (20') along the northern lot line, and
thirty feet (30') along the eastern lot line all as per Plate
(viii) Lot 6 of Block 2. Fifteen feet (15') along Hannah Lane, twenty
Feet (20}) along the northern lot line, and ten feet (10') along the western lot line, all as per Nat.
(ix) Tract A. Ten feet (10') parallel to the western property line as per
Plat,
(x) Tract C. Fifteen feet (15') along Hannah Lane frontage as per Plat.
(d) Detention_ Pond Easement. A perpetual non-exclusive Drainage and
Detention Pond Easement located across Tracts A and B and that part of Lot I of Block 2, for the
capture, reten tion and release of irrigation tailwater, drainage and stormwater as described and
depicted on the Plat.
(e) Entrance Basements a.nd Fenein .. Perpetual non-exclusive Entrance
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Easements which are depicted on the Plat for the installation, construction, maintenance,
inspection, operation, replacement or removal of the School Bus Shelter, Entry Sign(s),
landscaping, fencing and other Improvements or amenities complimentary thereto and
compatible therewith, as determined by Declarant.
(1) Open Space Tracts, Tracts A, B and C, as set forth on the Plat, which shall
be used by the Association, for the benefit of the members, as Open Space subject to applicable
easement and as defined by the Weld County land use code.
(g) Landscape Plan. Easements for landscaping as indicated on the
Landscape Plan which is a part of the Plat.
6.3 Installation of Improvements Within Common Elements by Declarant. The
Declarant shall, at its sole cost and expense, be responsible for the construction, installation or
placement of the following Improvements within the Common Interest Community:
(a) An asphalt surface road within the Access Easement, which road shall
comply with any applicable road construction standards imposed by weld County, Colorado, for
private roads. Said asphalt surface road shall be installed within the Common Interest
Corru nun.i ty.
('b) Telephone service and electrical service within the Access Easement to the
boundary line of each Lot within the Common Interest Community at such locations as shall be
determined by the Declarant. Said telephone and electrical service shall be installed in the
Common Interest Community.
(c) A School Bus Shelter, Entry Sign(s), landscaping, and related
improvements within the Entrance Easements. Said items shall be installed within the Common
Interest Community.
Notwithstanding the foregoing, in the event any delays are caused in the installation,
construction or placement of such Improvements as a result of strikes, transportation delays,
partial or total destruction of the Improvements or property, unavoidable casualties,
unavailability of materials, acts of Cody wax, or adverse or inelerrrent weather conditions, or any
causes beyond the reasonable control of the Declarant, the time for completion of such
Improvements shall be extended for a period equal to the actual delay in the construction work so
caused. Except as set forth herein, the Declarant shall have no obligation to install any other
Improvements within the Common Interest Community.
£.4 Maintenance and Regulation oW c.mmsm Elements. Mier the installation of the
Common Roads, electrical services, telephone service, Entry Sign(s), School Bus Shelter,
Drainage and Detention Pond, landscaping, and other Improvements as required of the Declarant
pursuant to the terms of this Deeiaration, such Improvements shall be deemed Common
Elements, and such improvements, together with any other Common Elements, shall be
maintained, repaired and replaced as necessary by the Association so that the Common Elements
present an aesthetically attractive appearanee to serve the purpose for which they were installed;
14
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provided, however, the Association shall have no responsibility to maintain electrical lines or
telephone lines lo the extent operated, maintained, repaired and serviced by utility providers. The
Association shall have no obligation to maintain, repair, renovate, manage or control Private
Driveways located within one (1) or more individual Lots to provide access from a Common
Road to one (1) or more Lots; provided, however, the Association may, if so designated in
writing by the Owners, serve as an arbitrator or mediator of any disputes with respect to the
maintenance, repair, renovation, management and control of the Private Driveways and, further,
in the event of the failure to properly maintain the same, may take such action as is necessary to
maintain the Private Driveways in a safe and aesthetically attractive manner. The costs of any
such maintenance by the Association shall be deemed an Individual Assessment and the
Owner(s) thereof shall be responsible for reimbursement of such costs and expenses incurred by
the Association in the manner provided herein.
Notwithstanding anything to the contrary contained herein, in the event the need for the
Association to maintain, repair or replace a Comrion Element is caused by the willful act or
gross negligence or misconduct of a Lot Owner or a member of such Lot Owner's family, or a
guest,, invitee or tenant of a Lot Owner or a member of such tenant's family, the costs of such
repair, replacement or maintenance, to the extent not covered by the Association insurance, shall
be a personal obligation of such Lot Owner, and any costs, expenses and fees incurred by the
Association for same shall be assessed to such Lot Owner and added to Owner's Common
Expense Assessment, The Association shall have a lien for the payment of such Assessment as
provided in the Act and in this Declaration.
The Association may adopt such Rules and Regulations with respect to its Members, their
family members, tenants, guests, invitees, contract users, contractors, subcontractors and agents
as shall be necessary for the proper regulation of the use of the Common Elements, including the
Common Roads, in order to allow the Owner of each Lot the full use and enjoyment of the
Common Elements provided herein in a manner which shall not unreasonably disturb or interfere
with the use of the Property by Persons who own a Lot within the Common Interest Community.
6.5 Declarant's Right to Perform Work. In the event the Association fails to repair or
maintain Common Elements or othenvise perform any obligation under this Declaration,
Declarant shall have the right, but not the obligation, to perform such duties for the account of
the Association. Jn such event, Declarant will be entitled to reimbursement from the Association
for all costs incurred by Declarant, such reimbursement to be due within thirty (30) days after
receipt by the Association of an invoice from Declarant itemizing the costs incurred. After
expiration of the thirty (30) day period allowed for payment, Declarant may collect interest on
the amount due at the rate of twelve percent (12%) per annum, plus any costs incurred in
collecting same (including, without limitation, reasonable attorneys' fees).
6,6 Additional Common Elements. The Common Elements within the Common
Interest Community may consist of such additional Common Elements as shall be acquired by or
conveyed to the Association whether or not in connection with any real property which may be
added to the Common Interest Community pursuant to Article 15 hereinafter. The Common
Elements shall also include any subsequently acquired access easements! drainage and utility
easements; equestrian and pedestrian easements; and sign, landscape and entrance easements
}
1
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acquired by the Association, including, but not limited to, any additions to the "Access
Easement," "Drainage and Utility Easement," "Equestrian and Pedestrian Easement" or "Sign,
Landscape and Entrance Easement" as defined in Section 6,2} above, or any access easements to
public or private lands.
6.7 Owners' Easements of ._ rtioy ent, Each Lot Owner shall have a right and
easement of enjoyment in and to the Common Elements and such easement shall be appurtenant
to and shall pass with title to every Lot, subject to the following provisions:
(a) The right of the Association to promulgate and publish reasonable Rules
and Regulations as provided in this Declaration,
The right of the Association to suspend voting rights and the right to use
Common Elements by a Lot Owner for any period during which any Assessment against his or
her Lot remains unpaid; and for a period not to exceed sixty (60) days from any infraction of it
published Rules and Regulations.
(c) The right of the Association to dedicate or transfer any part of the
Common Elements, to any public agency, authority, utility or other entity for such purposes and
subject to such conditions as may be agreed upon by the Members, provided that no such
dedication or transfer shall be effective unless the Lot Owners entitled to cast at least sixty-two
and one-half percent (62,5%) of the votes of the Association, including sixty-two and one half
percent (62.5%) of the votes allocated to Lots not owned by the Declarant, agree to such
dedication, transfer, purpose or condition, Written notice of the proposed agreement and action
thereof shall be sent to every Lot Owner at least thirty (30) days in advance of any action taken.
The granting of easements for public utilities or for other public purposes consistent with the
intended use of the Common Elements shall not be deemed a transfer within the meaning of this
clause, An agreement to dedicate, transfer or convey all or any part of the Common Elements
must be evidenced by execution and recordation of an agreement or ratification thereof, in the
same manner as a deed by the requisite number of Lot Owners. Such agreement must specify a
date after which the agreement will be void unless recorded before that date.
(d) The right of the Association to close or limit use of the Common Elements
while maintaining, repairing and making replacements in the Common Elements, provided that
the Association shall attempt to minimize any interference with access to Lots within the
Property, • •
6,7 Easements for Encroachment. To the extent that any Common Roads or utilities,
now or hereafter, encroach upon any area outside of its designated easement area, a valid
easement shall be deemed to exist for the encroachment and for the maintenance of the same so
long as such Improvement shall exist.
6.8 Emergepey Easement. An easement for ingress, egress and access is hereby
granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or
persons to enter upon the property in the performance of their duties.
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17 et 61 R 306.00 U 0.00 Steve Me ran o Clerk a Recorder
6,9 Easerngjaartt bar. ier. Notwithstanding any provision herein to the contrary,
an Owner may not create, grant or convey an easement, right of way or other interest in his or
her Lot for purposes of access or utility service to an adjacent Lot except with and upon
receiving prior written approval from the Association*
6.10 Delegation of Use. Subject to such reasonable Rules and Regulations as shall be
promulgated by the Association, a Lot Owner may delegate his or her right of enjoyment in the
Common Elements to the members of his or her family, tenants, and a reasonable number of
guests or invitees of such Lot Owner.
6.11 Title to Common Elements. The Common Area Lots comprising a portion of the
Common Elements shall be transferred to the Association free and clear of all liens and
encumbrances prior to the conveyance of the first Lot within the Common Interest Community;
subject, however, to the provisions o€ Article 6 of this Declaration. Upon transfer by Declarant to
the Association of said Common Area Lots or any other Common Elements or any
improvements or facilities installed in, on or under any of. the Common Elements, as
contemplated by this Declaration, the Association shall be deemed to have fully accepted same,
in its then present condition, and the Association shall thereafter be fully responsible for due and
proper operation, repair and maintenance of same.
6.12 Limited Common Elements. A {`Limited Common Element" means a portion of
the Common Elements, designated in this Declaration, or on any Plat, or by the Act, for the
exclusive use of one (I) or more but fewer than all of the Lots. The Executive Board may
designate parts of the Common Elements from time to time for use by less than all of the Lot
Owners or by non -owners for specified periods of time or by only those persons paying fees or
satisfying other reasonable conditions for use as may be established by the Executive Board. Any
such designation by the Executive Board shall not be a sale or disposition of such portions of the
Common Elements,
ARTICLE 7
COVENANT yoR ASSESSMENTS,
'fir t Creation of Lien and Personal Mil ation of Assessments and S ecial
Assessments.. The Declarant, for each Lot owned within the Property, shall be deemed to
covenant and agree, and each Owner of any Lot, by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and
agree to pay to the Association all Assessments and Fines, together with such interest thereon
and costs o€ collection thereof as herein provided. Said Assessments, Fines, interest and costs of
collection, including reasonable attorneys' fees, shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such Assessment or Fine is made. Such
Assessments and Fines, including reasonable attorneys' fees, shall be the personal obligation of
the Person who was the Owner of such Lot at the time when the Assessment or Fine fell due. The
opersonal obligation for any delinquent Assessment or Fine shall not pass to his or her successors
in title unless expressly assumed by them. No Lot Owner may become exempt from liability for
payment of Assessments or Fines by waiver of the use or enjoyment of the Common Elements or
by abandonment of the Lot against which Assessments are made,
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7.2 Purpose of Assessments. The Assessments levied by the Association through its
Executive Board shall be used exclusively for the purpose of promoting the health, safety and
welfare of the residents in the Common Interest Community; for the maintenance, repair and
upkeep of the Common Elements and for any other maintenance obligations or common services
which may be deemed necessary by the Association for the common benefit of the Lot Owners,
or the maintenance of property values, or for the payment of expenses which may be incurred by
virtue of an agreement with or requirement of any city, county or other local government
authority, and to provide for all other expenses incurred by the Association in performing its
duties under this Declaration and the Act. The Assessments shall further be used to provide
adequate insurance of various types, and in such amounts deemed necessary by the Executive
Board, with respect to the Common Elements located within the Common Interest Community.
Further, the Assessments shall provide a reserve fund for replacements on a periodic basis as the
Executive Board determines necessary to adequately provide for such replacements as may be
required by thisDeclaration.
7.3 A.nknal Common Expense Assessment. The total annual Common Expense
Assessment against all Lots shall be based upon the Association's advance budget of the cash
requirements needed by it to provide for the administration and performance of its duties during
such Common Expense Assessment year, which estimates may include, among other things:
(a) Expenses of maintaining the Association and providing management for
the Common Interest Community;
(b) Premiums for all insurance which the Association is required or permitted
to maintain;
(e) Repairs and maintenance to or replacement of the Common Elements,
including the Common Roads;
(d) Snow removal from the Common Roads;
(e) Wages for Association employees, if any;
(1) Legal, accounting and property management fees;
(g) Any deficit remaining from a previous Assessment year;
(h) The creation of reasonable, replacement or contingency reserves, working
capital and/or sinking funds; and
(1) Any other costs, expenses and fees, which may be incurred or may
reasonably be expected to be incurred by the Association for the benefit of the Lot Owners under
or by reason of this Declaration.
Such Common Expense Assessments shall be collected at such intervals as is determined
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by the Executive Board but not less frequently than on an annual basis.
7.4 Sneci al Assessments,
(a) In addition to the Common Expense Assessments authorized above, the
Association may at any tint; from time to time, determine, levy and assess a Special Assessment
for the purpose of defraying in whole or in part, payments for any operating deficit and/or
unbudgeted costs, fees and expenses of any construction, reconstruction, repair, demolition,
replacement or maintenance of the Common Elements or for "Capital Improvements" or "Capital
Acquisitions." My such Special Assessment made by the Executive Board must be approved by
not less than sixty two and one half percent (62,5%) of the Members who are voting in person or
by proxy at a meeting duly called for that purpose. No Special Assessment for legal action
pursued by the Association shall be required of the Declarant without the written Approval of the
Declarant. The amounts determined, levied and assessed pursuant hereto shall be assessed
equally against each Lot.
"Capital improvements," as used herein, shall mean the construction,
erection or installation of substantial sturcture(s) or other improvement® to the Common
Elements in the Common Interest Community, but shall not include Common Elements which
may hereafter be constructed, erected or installed on the Property by the Declarant in its
development of the Common Interest Community.
(cc "Capital Acquisitions" as used herein, shall mean the purchase, lease or
other acquisition of real property interests in and about the Common Interest Community,
including, but not limited to, access to private and/or public lands in the vicinity of the Common
Interest Community or other property interests which will benefit and enhance the use and
enjoyment of the Common Interest Community by the Lot Owners thereof but shall not include
any capital acquisitions hereafter made by the Declarant in its development of the Common
Interest Community.
(d) Notice in writing setting forth the amount of such Special Assessment per
Lot and the due date for payment thereof shall be given to the Lot Owners not less than sixty
(60) days -prior to such due date.
(a) Written notice of any meeting called for the purpose of taking any action
authorized under this section shall be sent to all Members not less than ten (10) nor more than
fifty-nine (59) days in advance of the meeting. At the first such meeting called, the presence of'
Members or of proxies, if permitted, entitled to cast fifty percent (50%) of all votes of the
membership shall constitute a quorum. If the required quorum. is not present, the meeting shall be
continued to another date to be decided by the voting Members at the first meeting, and it will be
called subject to the same notice requirements, and the required quorum at the subsequent
meeting shall be twenty-five percent (25%) of all votes of the membership. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting,
7.5 Rate . of Assessment. Except as otherwise provided in this Section 7.5 and in
Section 7.1 3, each Owner shall be responsible for a fraction, the numerator of which shall be 1
19
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and the denominator of which shall be equal to the number of Lots in the Common Interest
Community, of all Common Expense Assessments, plus any Special Assessments which shall be
allocated to each Lot. Notwithstanding the foregoing, any Common Expense Assessments or
Special Assessments which benefit fewer than all Owners shall be assessed exclusively against
the Lots benefited,
7.6 Date of Commencement of Annual Common Ex ease Assessments and Bud et.
Common Expense Assessments shalt commence upon the sale of the first Lot to an Owner. The
first Common Expense Assessment shall be prorated according to the number of days remaining
in the Assessment period established by the Executive Board. The Common. Expense
Assessment will commence for Lots contained in each phase of the Expansion Property
incorporated into the Common Interest Community on the day following the recording of the
Declaration of Annexation incorporating the phase into the Common Interest. Community and
will be prorated according to the number of days remaining in the calendar year, The Executive
Board shall fix the amount of the annual Common Expense Assessment against each Lot at least
yearly. written notice of the Common Expense Assessment shall be sent to every Lot Owner
subject thereto, Common Expense Assessments shall be collected at such intervals and in such
installments as the Executive Board shall determine. The due dates shall be established by the
Executive Board, After the first budget year of the Association, within thirty (30) days after
adoption of a proposed budget for the Common interest Community, the Executive Board shall
provide a summary of the budget to each Lot Owner and shall set a date for a meeting of the Lot
Owners to consider ratification of the budget. The meeting shall be not less than fourteen (14)
nor more than fifty (50) days after the mailing of the summary. Unless at that meeting a majority
of all Lot Owners reject the budget, the budget shall be ratified, whether or not a quorum is
present, If the proposed budget is rejected, the periodic budget last ratified by the Lot Owners
shall continue until the Lot Owners ratify a new budget proposed by the Executive Board.
7.7 Association Lien and Effect of Non'Pavment of Assessments, The Assessments,
charges, fees, Fines, impositions, interest, costs, late charges, expenses and reasonable attorneys'
fees which may arise under the provisions of this Declaration, shall be burdens running with, and
perpetual Hens in favor of the Association upon the specific Lot to which such Assessments
apply, Recording of the Declaration constitutes record notice and perfection of the Association's
lien. Further recording of a claim of lien for an Assessment under this section is not required,
Any Assessment, charge or fee provided for in this Declaration, or any installment thereof,
which is not fully paid within ten (10) days after the due date thereof shall bear interest at the
Default Rate from the due date, and the Association may assess a late charge thereon. In the
event of default in which any Lot Owner does not make payment of any Assessment levied
against his or her Lot within ten (10) days of the due date, the Executive Board shall have the
right to declare all unpaid Assessments for the pertinent fiscal year immediately due and payable.
Further, the Association may bring an action at law or in equity, or both, against any Lot Owner
personally obligated to pay such overdue Assessments,charges or fees, or installments thereof,
and may also proceed to foreclose its lien against such Owner's Lot,
An action at law or in equity by the Association against a Lot Owner to recover a money
judgment for unpaid Assessments, charges or fees, or installments thereof, may be commenced
and pursued by the Association without foreclosing or in any way waiving, the Association's lien
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therefore, In the event that any such Assessment, charge or fee, or installment thereof; is not fully
paid when due and the Association shall commence such action (or shall counterclaim or cross -
claim for such relief in any action) against any Lot Owner personally obligated to pay the same,
or shall proceed to foreclose its lien against the particular Lot, them all unpaid Assessment;
charges and fees, and all unpaid installments thereof, and any and all late charges and accrued
interest under this section, the Association's costs, expenses and reasonable attorneys' fees
incurred in preparing and recording any lien notice, and the Association's costs of suit, expenses
and reasonable attorneys' fees incurred for any such action and/or foreclosure proceedings shall
be taxed by the court as a part of the cost of any such action or foreclosure proceeding and shall
be recoverable by the Association from any Lot Owner personally obligated to pay the same and
from the proceeds of the foreclosure sale of such Owner's Lot. Foreclosure or attempted
foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the
Association from thereafter again foreclosing or attempting to foreclose its lien for any
subsequent Assessment, charge or fee, or installment thereof, which is not fully paid when due.
The Association shall have the power and right to bid on or purchase any Lot at
foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association
votes appurtenant to ownership thereof, convey or otherwise deal with the same. A lien for an
unpaid Assessment is extinguished unless proceedings to enforce the lien are instituted within six
(6) years after the full amount of Assessments becomes due, except that if an Owner of a Lot
subject to a lien under this section filed a petition for relief under the United States Bankruptcy
Code, the time period for instituting proceedings to enforce the Association's lien shall be tolled
until ninety (90) days after the automatic- stay of proceedings under § 362 of the Bankruptcy
Code is lifted. In any action by the Association to collect Assessments or to foreclose a lien for
unpaid Assessments, the court may appoint a receiver for the Lot to collect all sums alleged to be
due from the Lot Owner or a tenant of the Lot Owner prior to or during the pendency of the
action. The court may order the receiver to pay any sums held by the receiver to the Association
during the pendency of the action to the extent of the Association's Assessments, based on a
periodic budget adopted by the Association.
72 Subordination of Lien to Security Interests. A lien under this section is prior to all
other liens and encumbrances on a Lot except:
(a) Liens and encumbrances recorded before the recordation of this
Declaration;
(b) A First Security Interest on the Lot recorded before the date on which the
Assessment sought to be enforced became delinquent; and
(c) Liens for real estate taxes and other governmental assessments or charges
against the Lot.
A lien under this section is also prior to all Security Interests to the extent that the
Assessments are based on the periodic budget adopted by the Association and which would have
become due, in the absence of acceleration, during the six (6) months immediately preceding
institution of an action to enforce either the Association's lien or a Security Interest, and statutory
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liens recognized under Colorado law. If a holder of a First Security Interest in a Lot forecloses
that Security Interest, the Purchaser at the foreclosure sale is not liable for any unpaid
Assessments against the Lot which became due before the sale, other than the Assessments
which are prior to the Security Interest under this section of the Declaration. Any unpaid
Assessments not satisfied from the proceeds of sale become Common Expenses collectible from
all Lot Owners, including the Purchaser. Sale or transfer of any Lot shall not affect the lien for
said Assessment charges except that a sale or transfer of any Lot pursuant to foreclosure of any
First Security Interest, or any proceeding to lieu thereof, including deed in lieu of foreclosure, or
cancellation or forfeiture of any such executory land sales contracts shall only extinguish the lien
of Assessment charges which become due more than six (6) months immediately preceding
institution of an action to enforce either the Association's lien or a Security Interest, and statutory
liens recognized under Colorado law. No such sal; transfer, foreclosure or other proceeding in
lieu thereof, including deed in lieu of foreclosure, shall relieve any Lot from liability for any
Assessment charges thereafter becoming due, nor from the lien thereof. This section does not
affect the priority of mechanics' or materialmen's liens.
7.9 Record of Receipts and Expenditures. The Association shall keep detailed and
accurate records in chronological order of all o€ its receipts and expenditures, specifying and
itemizing the maintenance and repair of expenses of the Common Elements and any other
expenses incurred. Such records and the vouchers authorizing the payments shall be available on
request for examination by the Lot Owners and others with an interest, such as prospective
lenders,
7.10 Notice to Security Interest. Upon the request of a holder of a First Security
Interest on a Lot, and upon payment of reasonable compensation therefor, the Association shall
report to such party any unpaid Assessment or other defaults under the terms of this Declaration
which are not cured by the Lot Owner within thirty (30) days.
7,11 Certificate. of Status of Assessments, The Association, upon written request to the
Association's registered agent, personally delivered or delivered by certified mail, first class
postage prepaid} return receipt requested, and upon payment of a reasonable fee, but in no event
less than Ten Dollars ($10.00), shall furnish to a Lot Owner or such Lot Owner's designee or to a
holder of a Security Interest or its designee, a statement, in recordable form, setting out the
amount of the unpaid Assessments against the Lot. The statement must be furnishedwithin
fourteen (I 4) business days after receipt of the request and is binding on the Association} the
Executive Board and each Lot Owner, A properly executed certificate of the Association as to
the status of Assessments on a Lot is binding upon the Association as of the date of its issuance.
Omission or failure to fix an Assessment or deliver or mail a statement for any period shall not
be deemed a waiver, modification or release of a Lot Owner from his or her obligation to pay the
same.
7.12 Homestead, The lien of the Association Assessments shall be superior to any
homestead exemption as is now or may hereafter be provided by Colorado or federal law. The
acceptance of a deed to land subject to this Declaration shall constitute a waiver of the
homestead exemption as against said lien.
22
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7,13 Common Expenses Attributable to Fewer than All Lots,
7.1 3,1 An Assessment to pay a judgment against the Association may be made
only against the Lots in the Common Interest Community at the time the judgment was entered}
in proportion to their Common Expense Liabilities,
74112 if a Common Expense is caused by the misconduct of a Lot Owner, the
Association may assess that expense exclusively against that Lot Owner's Lot as more fully
provided in Section 4.5, above,
7.13.3 Fees, charges; faxes, impositions, late charges, Fines, collection costs and
interest charged against a Lot Owner pursuant to the Documents and the Act are enforceable as
Common Expense Assessments.
7J3.4 Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element, if any shall exist, shall be assessed against the
Lots) to which that Limited Common Element is assigned or appurtenant, equally, or in any
other proportion determined by the Executive Board after considering the relative size and value
that said Limited Common Element bears to all Limited Common Elements and the Units being
assessed.
7.1 3 3 Any Common Expense or portion thereof benefiting fewer than all of the
Lots must be assessed exclusively against alt the Lots benefited in the proportions determined by
the Executive Board after considering the relative size and value that the Lots being benefited
bear to all Lots benefited,
ARTICLE 8
DESIGN REVIEW COMMITTEE
8.1. Committee... and Guidelines, There is hereby established a Design Review
Committee} which shall be responsible for the establishment and administration of Design
Guidelines to facilitate the purposes and intent of this Declaration, The DRC may amend, vary,
repeal and augment the Design Guidelines from time to time, in the DRC's sole discretion based
on concerns for good planning and design, the aesthetic, architectural and environmental
harmony of the Common Interest Community or other factors as necessary or desirable to fulfill
the intent of the Design Guidelines. The Design Guidelines shall be binding on all Owners and
other persons governed by this Declaration,
The Design Guidelines may include, among other things, those restrictions and
limitations set forth below:
81,1 Standards establishing and dictating an architectural theme and
requirements pertaining to building style and design, construction materials and site planing.
841.2 Procedures and fees for making application to the DRC for design review
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approval, including the documents to be submitted and the time limits in which the ORE must
act to approve or disapprove any submission.
8.13 Time limitations for the completion, within specified periods after
Approval, of the Improvements for which Approval is required under the Design Guidelines.
8.1.4 Minimum and maximum square foot areas of living space that may be
developed on any Lot.
8.1.5 Specifications for the location, dimensions and appearance or screening of
any fences, accessory structures, antennae or other Improvements.
8,1.6 Landscaping regulations, including limitations and restrictions prohibiting
the removal or requiring the replacement of existing trees; guidelines encouraging the use of
plants indigenous to the locale and compatible with the design theme for the Common Interest
Community; and other practices benefiting the protection of the environment, aesthetics and
architectural harmony of the Common Interest Community,
8.1.7 General instructions for the construction, reconstruction, refinishing or
alteration of any Improvement, including any plan to excavate, fill or make any other temporary
or permanent change in the natural or existing surface contour or drainage or any installation of
utility lines or conduits upon a Lot, addressing matters such as loading areas, waste storage, trash
removal, equipment and materials storage, grading, transformers and meters.
8.1.8 Design, construction, installation and maintenance of Private Driveways.
8.2 DRC Membership and Organization, The DRC shall be composed of not less than
two (2) persons and need not include any Member of the Association, in the event there is not at
least one (I) design professional on the DRC, the DRC shall, as needed from time to time, retain
the services of a design professional for assistance in the discharge of its duties. All members of
the DRC shall be appointed, removed and replaced by the Declarant, in its sole discretion, until
the Declarant waives this right by notice to the Association recorded in the office of the Clerk
and Recorder of Weld County, Colorado. At that time the Executive Board shall succeed to the
Declarant's right to designate the number of and to appoint} remove or replace the members of
the DRC. Declarant may, as long as it retains the right to appoint, remove and replace Members
of the DRC, if it elects, in its sole discretion to do so, appoint up to two (2) additional, non-
voting Members of the DRC who shall be Owners of Lots within the Common Interest
Community.
8.3 purpose and General Authority. The DRC shall review, study and either approve
or reject proposed Improvements on the Property, all in compliance with, this Declaration and as
further set forth in the Design Guidelines and such rules and regulations as the DRC may
establish from time to time to govern its proceedings. No Improvement shall be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or
reconstruction be commenced until plans for the Improvements shall have been approved by the
DRC; provided, however, that Improvements that are completely within a building may be
4
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undertaken without such Approval. All Improvements shall be constructed only in accordance
with approved plans,
8.3.1 DRC Discretion. The DRC shall exercise its best judgment to see that all
Improvements conform and harmonize with any existing structures as to external design, quality
and type of construction, materials, color, location on the Lot, height, grade and finished ground
elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and
the other Documents. The DRC, in its sole discretion based on concerns for good planning and
design, the aesthetic, architectural and environmental interests of the Common Interest
Community, or other factors as necessary or desirable to fulfill the intent of the Design
Guidelines, may excuse compliance with such requirements in specific situations and may permit
compliance with different or alternative requirements.
8.3.2 Binding Effect, The actions of the DRC in the exercise of its discretion by
its approval or disapproval of plans and other information submitted to it, or with respect to any
other matter before it, shall be conclusive and binding on all interested parties,
8.4 Organization and Operation of DRC.
8.4•, 3 T. The term of office of each member of the DC, subject to Section
8.2, shall be one (1) year, commencing January 1 of each year, and continuing until his or her
successor shall have been appointed, Should a DRC member die, retire or become incapacitated,
or in the event of temporary absence of a member, a successor may be appointed as provided in
Section 8.2.
8.4.2 Chairman. So long as the Declarant appoints the DRC, the Declarant shall
appoint the ehairmmn. At such time as the DRC is appointed by the Executive Board, the
chairman shall be elected annually from among the members of the DRC by a majority vote of
the members. In the absence of a chairman, the party responsible for appointing or electing the
chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman.
8.4.3 Operation , The DRC chairman shall take charge of and conduct all
meetings and shall provide for reasonable notice to each member of the DRC prior to any
meeting. The notice shall set forth the time and place of the meeting, and notice may be waived
by any member.
8.4.4 Voting. The affirmative vote of a majority of the members of the DRC
shall govern its actions and be the act of the DRC.
8.4.5 Expert, Consultation. The DRC may avail itself of other technical and
professional advice and consultants as it deems appropriate, and the DRC may delegate its plan
review responsibilities, except final review and approval, to one (I) or more of its members or to
consultants retained by the DRC. Upon that delegation, the approval or disapproval of plans and
specifications by such member or consultant shall be equivalent to approval or disapproval by
the entire DRC.
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8.5 Submission. Each preliminary and final application for approval shall include the
following (in addition to all other requirements imposed by the Design Guidelines):
(a) A copy of a site plan of the Lot. The site plan shall show the following
(i) Finished elevation of the Dwelling Units, outbuildings or other
(ii) A building footprint with dimensions from the front, rear, and side
property lines of the Lot.
improvements.
information:
(iii) Driveways and walkways located on the Lot,
(iv) Any existing stmctures on the Lot.
(v) Location of improvements with respect to the utility lines and
facilities,
A set of construction plans and specifications, Said plans and
specifications ications shall include the following minimum information:
(I)
Total square footage for each level of any Dwelling Unit.
(ii) Building elevations on all sides of the proposed structure
containing sufficient detail to determine roof form and material, window locations, siding
material and door placement.
(iii) A written description of the materials to be used in the roof and
exterior walls of the structure.
located on the Lot.
(iv) The size, type and material to be incorporated in any fencing to be
(v) The color of any paint or stain to be applied to the improvements.
The Design Review Committee shall consider and act upon any and all requests
submitted for its approval. The Design Review Committee shall approve plans and specifications
submitted to it only if it determines that the construction, alteration, and additions contemplated
thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve
and enhance the value of the Lots within the Common Interest Community; will be consistent
with the spirit and intent of this Declaration; and will maintain a harmonious relationship among
structures and topography within the Common Interest Community, The Design Review
Committee shall consider the quality of workmanship, type of materials, and harmony of exterior
design with other Dwelling Units located within the Common Interest Community. Should the
Design Review Committee fail to approve or disapprove the plans and specifications submitted
26
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to it by. an Owner of a Lot within thirty (30) days after complete submission of all required
documents, the plans shall be resubmitted to the Design Review Committee by certified mail,
return receipt requested, with a copy to the Declarant, by certified mail, return receipt requested,
and, in the event that the Design Review Committee fails to approve Or disapprove any plans
and specifications as herein provided within thirty (30) days after such resubmission to the
Design Review Committee and the Declarant by certified mail, the same shall be deemed to have
been approved} as submitted, and no further action shall be required, provided, however, that no
building or other structure shall be erected or allowed to remain on any Lot which violates or is
inconsistent with any of the covenants or restrictions containe-d in this Declaration. The issuance
of a building permit or license for the construction of improvements inconsistent with this
Declaration shall not prevent the Association or any Owner from enforcing the provisions of this
Declaration.
8.6 j3xpenses. Except as provided in this Section below, all expenses of the DRC shall
be paid by the Association and shall constitute a Common Expense. The DRC shall have the
right to charge a fee for each application submitted to it for review, in an amount which may be
established by the DRC from time to time, and such fees shall be collected by the DRC and
remitted to the Association to help defray the expenses of the RC's operation,
83 t- r .. rerne s. Compliance with the design review process of the Common
Interest Community is not a substitute for compliance with the applicable building, zoning and
subdivision regulations, and each Owner is responsible for obtaining all Approvals, licenses, and
permits as may be required prior to commencing construction of Improvements,
Further, the establishment of the DRC and procedures for architectural review shalt not
be construed as changing any rights or restrictions upon Owners to maintain and repair their Lots
and Improvements as otherwise required under the Documents,
8.8 Limitation of Liability. No member of the DRC shall be liable to the Association
or to any Owner or Member for any loss, damage, or injury arising out of or in connection with
the performance of the duties of the DRC under this Declaration, unless such action constitutes
willful misconduct or bad faith on the part of the ORC. The DRC shall use reasonable judgment
in accepting or disapproving all plans and specifications submitted to it Neither the DRC nor
any individual DRC member shall be liable to any person for any official act of the DRC in
connection with submitted plans and specifications, except to the extent the DRC or any
individual DRC member acted with malice or wrongful intent. Approval by the DRC does not
necessarily assure approval by the appropriate governmental board or commission for the County
of weld, Notwithstanding that the DRC has approved plans and specifications, neither the DRC
nor any of its members shall be responsible or liable to any Owner, developer or contractor with
respect to any loss, liability, claim or expense which may arise by reason of such Approval of the
construction of the Improvements. Neither the Executive Board, the DRC, nor any agent thereof,
nor the Declarant, nor any of its partners, officers, directors, members, employees, agents or
consultants shall be responsible in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the provisions of the Documents, nor for any
structural or other defects in any work done according to such plans and specifications, in all
events the DRC shall be defended and indemnified by the Association in any such suit or
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proceeding which may arise by reason of the DRC's decision. The Association, however, shall
not be obligated to indemnify each member of the DRC to the extent any such member of the
DRC is adjudged to be liable for negligence or misconduct in the performance of his or her duty
as a member of the DRC, unless and then only to the extent that the court in which such action or
suit may be brought deteunines upon application that, despite the adjudication of liability but in
view of all circumstances of the case, such person is fairly and reasonably entitled to
indemnification for such expense as such court shall deem proper.
8.9 Enforcement.
8.9.1 Inspection. Any member or authorized consultant of the DRC, or any
authorized officer, Director, employee or agent of the Association may enter upon any Lot at any
reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to
inspect Improvements constructed or under construction on the Lot to determine whether the
Improvements have been or are being built in compliance with the Documents and the plans and
specifications approved by the Design Review Committee,
8,9,E Completion of Construction. Before any Improvements on a Lot may be
occupied, the Omer of the Lot shall be required to obtain a temporary certificate of compliance
issued by the DRC indicating substantial completion of the Improvements in accordance with the
plans and specifications approved by the DRC, and imposing such conditions for issuance of a
final certificate of compliance as the DRC may determine appropriate in its reasonable
discretion. Without limiting the generality of the preceding sentence, the CRC may require, as a.
condition to the issuance of the temporary certificate of compliance, that the Owner deposit with
the DRC such sums as may be necessary to complete the landscaping on the Lot by a specified
date. If the landscaping is not completed as scheduled, the DRC may apply the deposit to cover
the cost of completing the work and enforce such other remedies as are available to the
Association for the failure of the Owner to comply with this Declaration, including, without
limitation} the remedies set forth in Section 8.9,
8.9.3 Certificate of Compliance. Upon payment of a reasonable fee established
from time to time by the DRC, and upon written request of any Owner or his or her agent, an
existing or prospective lender, or a prospective grantee, the DRC shall issue an acknowledged
certificate, in recordable foam setting forth generally whether, to the best of the DRC's
knowledge, the Improvements on a particular Lot are in compliance with the terms and
conditions of'the Design Guidelines.
8.9.A Deemed Nuisances. Every violation of this Declaration is hereby declared
to be and to constitute a nuisance, and every public or private remedy allowed for such violation
by law or equity against a Member shall be applicable. Without limiting the generality of the
foregoing, this Declaration may be enforced as provided below.
(I) Fines for Violations. The DRC may adopt a schedule of fines for
failure to abide by the DRC rules and the Design_ Guidelines, including fines for failure to obtain
any required approval from the DRC.
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+ i i) Removal of Nonconforming Improvements with Court Order. The
Association, upon request of the DRC and after first obtaining a court order from a Colorado
court having jurisdiction thereof, may enter upon any Lot and remove any Improvement
constructed, reconstructed, refinished, altered or maintained in violation of this Declaration. The
Owner of the Improvement shall immediately reimburse the Association for all expenses
incurred in connection with such removal. If the Owner fails to reimburse the Association within
thirty (30) days after the Association gives the Owner notice of the expenses, the sum owed to
the Association shall bear interest at the Default Rate from the date of the advance by the
Association through the date of reimbursement in full, and all such sums and interest shall be an
Individual Assessment enforceable as provided in this Declaration.
8.9.5 Mari a nccs. The DRC may authorize variances from compliance with any
provisions of this Declaration when circumstances such as natural obstructions, hardships,
aesthetics or environmental considerations may require. Such variances must be evidenced in
writing and shall become effective when signed by at least a majority o€ the members of the
DRC. If any such variance is granted, no violation of the provisions of this Declaration shall be
deemed to have occurred with respect to the matter for which the variance was granted;
provided, however, that the granting of the variance shall not operate to waive any provisions of
this Declaration for any purpose except as to the particular property and the particular provision
hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's
obligation to comply with all governmental laws and regulations affecting the property
concerned, including, but not limited to, zoning ordinances and setback lines or requirements
imposed by any governmental authority having jurisdiction.
8.10 Contlnuii?_o f Construction. All Improvements commenced on the Property shall
be prosecuted diligently to completion and shall be completed within eighteen (18) months after
commencement, unless an exception is granted in writing by the DRC. if any Improvement is
commenced and construction is then abandoned for more than ninety (90) days, or if
construction is not completed within the required eighteen (18) month period, then after notice
and opportunity for bearing as provided in the Bylaws, the Association may impose a fine of not
more than One Thousand Dollars ($1,000.00) per day (or such other reasonable amount as the
Association may set) to be charged against the Owner of the sot until construction is resumed, or
the Improvement is completed, as applicable, unless the Owner can prove to the satisfaction of
the Executive Board that such abandonment is for circumstances beyond the owner's control.
Such charges shall be an Individual Assessment and lien as provided in this Declaration.
8.11 Reconstruction of Common Elements, The reconstruction by the Association after
destruction by casualty or otherwise of any Common Elements that is accomplished in
substantial compliance with "as built" plans for such Common Elements shall not require
compliance with the provisions of thisArticle or the Design Guidelines.
ARTICLE 9
PROPERTY USE RESTRICTIONS
`TIONS
9.1 General Restriction. The Property shall be used only for the purposes set forth in
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this Declaration, as permitted by the applicably ordinances of the County of Weld and the laws
of the State of Colorado and the United States, and as set forth in the Documents or other
specific recorded covenants affecting all or any part of the property.
9.2 Building To e aid _ f .estdc#ions. Each Lot may be used only for residential
purposes and developed by construction of a Dwelling Unit and guest house or caretaker
residence ("Guest House"), together with accessory structures, which are incidental to a
residential use and which is subordinate to the Dwelling Unit constructed upon a Lot. Except as
set forth in Section 9,26, no business or commercial enterprise or other non-residential use may
be conducted on any part of a Lot and no business or commercial building may be erected on any
Lot, Each Dwelling Unit shall include an attached garage accommodating at least two (2), but
not more than four (4), motor vehicles.
9.3 Building Bny to s�`He'rght gestrictior s ere Foy to e Requirements.
(a) All Dwelling Units, Guest Houses, garages, and other structures shalt be
eructed, altered, placed and located only within the Building Envelope designated on the Nat or
by. the Design Review Committee for each Lot. No Owner's Improvements shall be permitted
dutside the Building Envelope except for fences, water wells, septic systems, Private Driveways
and such other Improvements as may be authorized in writing by the Design Review Committee,
if any,
(b) The following building height limitations apply to each individual Lot
within the development:
i, "Building Height" is defined as the vertical distance from a
benchmark elevation to the highest point o€ the structure/roof surface, exclusive of architectural
appurtenances, chimneys, cupolas, vanes, etc.
ii. A separate plan has been submitted with the Final plat that shows
the existing natural grade elevation at the center of the building envelope. This grade shall be the
"benchmark" for the Lot from which the building height will be measured. The elevation of the
highest point of the structure/roof surface, exclusive of architectural appurtenances, chimneys,
cupola; vanes, etc. of each building shall not exceed the sum of the benchmark elevation and 35
feet.
ii€, No front or back elevation of any structure shall have an exposed
vertical face, exclusive of roof, which exceeds 20 feet in height without a horizontal break of at
least 10 feet,
iv. The above standards may not be waived or varied.
(o) For all homes constructed at The Home Ranch, the following minimum
square footage requirements shall apply:
i. Minimum square footage for single -story homes shall be 2,500
30
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Minimum square footage for two-story homes shall be 3,000
ill. Maximum total garage square footage shall be 1,800 square feet,
9,4 ,Temporary,_. Structures, No structures of a temporary character, including, by
example and not limitation, trailers, mobile homes, converted trailers, recreational vehicles,
campers or tents shall be used on any Lot for residential purposes. No temporary structures shall
be permitted except as may be determined to be necessary during construction and as specifically
authorized by the Design Review Committee, and except as necessary for the exercise by the
Declarant of the Special Declarant Rights.
9.5 Fences, The Design Review Committee shall establish design criteria for all
fences and corrals to be installed and erected upon a Lot. In no event may any Owner -installed
fences be located on an Owner's Lot in such a manner as to interfere with the Equestrian and
Pedestrian Easement within the Common Interest Community.
9,6Motorized_Vehicles,. No trucks, trail bikes, golf carts recreational vehicles, motor
homes, motor coaches, farm tractors, snowmobiles, campers, trailers, boats and boat trailers or
similar vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of
one (1) ton or less) or any other motorized vehicles shall be parked} stored or in any manner kept
or placed on any portion of the Property except within an enclosed garage. Automobiles and
pickup or utility trucks with a capacity of one (1) ton or less shall only be parked in garages,
carports or other designated parking areas, The restrictions of this Section 9.6 shall not, however,
be deemed to prohibit commercial and construction vehicles, in the ordinary course of business,
from making deliveries or othenvise providing services to the Property or for the Declarant or
other Owners.
9,7 No Excavation. No excavation shall be made except in connection with
Improvements approved as provided in this Declaration. For purposes of this Section,
"excavation" means any disturbance of the surface of the land which results in a removal of
earth, rock, or other substance a depth of more than twelve (12) inches below the natural surface
of the land,
9.8 Electrical, Television and Telephone Service. All electrical, television} telephone
service and other utility installations on a Lot shall be placed underground from the property line
andlor the point of connection to the utility transmission line located within the Drainage and
Utility Easement unless a specific waiver is granted in writing by the Design Review Committee
based upon a determination that geological, topographical or environmental conditions make
such underground installation impossible or impractical.
9,9 Sim. No sign of any character shall be displayed or placed upon any Lot which
is visible from other Lots or a public road or the Common Roads unless such signage complies
with the sign code established by the Design Review Committee for the purpose of identifying
31
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the address of such Lot. The Association shall have the right to place perrr,anent signs at the
entrances to the Common Interest Community, traffic signs, speed limit signs and other signage
approved by the Design Review Committee. Notwithstanding the foregoing, during the Special
Declarant Rights Period, signs of the Declarant or its affiliates or assigns advertising the
Common Interest Community and/or Lots shall be permitted.
9.10 Drainage and Absorption E:ield Sites. No Omer shall do or permit any work,
place any landscaping or install any other Improvements or suffer the existence of any condition
whatsoever which shall alter or interfere with the drainage pattern or absorption field sites for the
Property (including, without limitation, within any drainage easements), except to the extent
such alteration and drainage pattern is approved in writing by the Design Review Committee or
the Executive Board, and except for rights reserved to the Declarant to alter or change drainage
patterns.
9.11 ;Trash. No trash, ashes, building materials, firewood or other unsightly items
should be thrown, dumped or stored on any land or area within the Coimnon Interest
Community. Rubbish, refuse, garbage, and other solid} serni•solid and liquid waste shall be kept
within sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of
in a sanitary manner. No Lot shall be used or maintained as a dumping ground for any materials,
provided that the foregoing shall not prohibit a properly maintained compost pile from being
located upon a Lot. All trash containers shall be kept in a neat, clean and sanitary condition and
shall be stored inside a garage or other approved structure. No trash, litter or junk shall be
permitted to remain exposed upon any Lot and visible from adjacent public roads, Common
Roads or other Lots. There shall be no burning or other disposal of refuse out of doors, The
Association shall cooperate in and encourage programs to recycle trash awl other refuse. No
lumber or other building materials shall be stored or permitted to remain on any Lot unless
screened' from view from other Lots and public roads and/or Common Roads except for
reasonable storage during construction.
9.12 Trashval. In order to minimize damage to the Common Roads, the
Association, acting through its Executive Board, shall have the right to require trash collection
from Lots be performed- by only one (1) company and that the trash shall be collected from all
Lots by such trash company on the same day of each week. The Executive Board shall select the
trash collection company based upon competitive bids. The costs of removal of trash and debris
from an Owner's Lot shall be paid by each Owner directly to the trash collection company and
the Association shall not have the duty to assess the costs of trash collection as a Common
Expense. No Owner shall be deemed prohibited from personally disposing of trash from his or
her Lot within the Common interest Community.
This Section 9.12 shall not apply to any contractor during the construction of a Dwelling
Unit or other improvements within a Building Envelope. The contractor may dispose of trash,
rubbish, debris and other construction material from the Building Envelope either personally or
by contracting with a trash collection company. The trash collection company may remove trash,
rubbish debris and other construction materials from a Building Envelope during the
construction of the Dwelling Unit as often as the contractor deems appropriate or as required by
the Design Review Committee. However, all trash to -be removed from the Common Interest
32
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3571674 00/12/2000 02:04P weld Gouty, CO
33 of 61 It 306.00 D 0.00 Steve Moreno Cleric & Recorder
Community, including trash removed during the period of construction, shall be subject to such
Rules and Regulations as shall be established from time to time by the Association for the
purpose of minimizing damage to the Common Roads.
9.13 ,Abapdoned* Inoperable. or Oversized Vehicles. No abandoned or inoperable
vehicles of any kind shall be stored or parked on any portion of the Property, except as provided
below. "Abandoned or inoperable vehicle" is defined as any vehicle which has not been driven
under its own propulsion for a period of seven (7) days or longer; provided, however, this shall
not include vehicles parked by Owners in an approved location while on vacation or residing
away from the Common Interest Community, A written notice describing the "abandoned or
inoperable vehicle" and requesting its removal may be personally served upon the Owner or
posted on the unused vehicle. If such vehicle has not been removed within seventy-two (72)
hours after notice has been given, the Association shall have the right to remove the vehicle
without liability, and the expense of removal shall be an Individual Assessment charged against
the Owner as provided in this Declaration. All unsightly or oversized vehicles, recreational
vehicles, snow removal equipment, garden maintenance equipment, and all other oversized or
unsightly equipment, machinery or vehicles may not be parked or stored on the Property except
within a residential garage or accessory structure, if any, approved by the DRC. "Oversized"
Vehicles, for purposes of this Section, shall be vehicles, including recreational vehicles, which
are too high to clear the entrance to a customary residential garage,
9.14 Auto Repair, No work on automobiles or other vehicle repair shall be performed
on any Lot if visible from the Common Roads or other Lots, except in the event of an
emergency.
9.15 Antennas and Satellite Dishes,. All external radio antennas, television antennas,
satellite dishes or other external signal receiving devices shall be installed or erected in such a
manner and with appropriate screening as shall be required by the Design Guidelines, The
Design Guidelines shall encourage the use of screening, unobtrusive placement, planting,
painting and other measures to ensure' that the aesthetics of the Common Interest Community are
protected and to ensure the safety of the installation of any such devices, In no event shall any
satellite dish 1n excess of one (1) meter in diameter be permitted within the Common Interest
Community* The Design Review Committee may promulgate reasonable Rules and Regulations
to regulate the proposed locations and require screening or painting to minimize visual intrusion
of such devices, provided that no such rules and regulations shall impair dish or antenna
reception nor result in an unreasonable cost or delay in the installation and maintenance of a
satellite dish or antenna.
9.16 Outside Burning. There shall be no exterior fires, except barbecues, outside
fireplaces and braziers contained within facilities or receptacles and in areas designated and
approved by the Design Review Committee. Incinerators and incinerator fires are prohibited. No
Owner shall permit any condition upon his or her portion of the Property which creates a fire
hazard or is in violation of fire prevention regulations.
9.17 Construction Re tl ations All Owners and contractors
shall comply with the portions of the Design Guidelines regulating construction activities. Such
33
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regulations may affect, without limitation, the following: trash and debris removal; sanitary
facilities; parking areas; outside storage; restoration of damaged property; conduct and behavior
of builders, subcontractors and Owners` representatives on the Property at any time; the
conservation of landscape materials; and fire protection.
9.13 Compliance a~yith Laws. Subject to the rights of reasonable contest, each Owner
shall promptly comply with the provisions of alt applicable laws, regulations, ordinances, and
other governmental or quasi -governmental regulations with respect to all or any portion of the
Property.
Without limiting the generality of the foregoing, each Owner shall abide by any wildlife
regulations imposed by the Association or any agency or authority having jurisdiction over the
Property, Further, no Owner shall dispose of, or allow any person under the Owner's control or
direction to release, discharge or emit from the Property or dispose of any material, on the
Property that is designated as hazardous or toxic under any federal, state or local law, ordinance
or regulation.
No use shall be made of an Owner's Lot which will in any manner violate the statutes or
rules and regulations of any governmental authority having jurisdiction over the use of said
Owner's Lot, notwithstanding any provision of this Declaration to tha contrary.
9.19 Clotheslines. Any clothesline to be installed within a Building Envelope shall be
retractable and shall not be visible when extended from any other Dwelling Unit within the
Common Interest Community or from Common Roads. The installation of any such retractable
clothesline shall first be approved in writing by the Design Review Committee,
9.20 Control of Weeds. The Owner of each Lot shall control Canadian thistle and other
noxious weeds upon his or her Lot by mowing or applying weed control chemicals prior to
maturity of the weeds and the windbome disbursement of seeds therefrom. In the event an
Owner fails to control Canadian thistle or other noxious weeds upon his or her Lot as aforesaid,
the Association may enter upon the land and control the Canadian thistle or other noxious weeds
by mowing, cultivating or applying chemicals and the Lot Owner shall be liable to the
Association for an Individual Assessment as set forth in this Declaration. The Association shall
consult with the \Veld County Extension Service for assistance in determining the best manner in
which to control noxious weeds and may adopt Rules and RegWxlations relative thereto. In
addition to the foregoing, the Association shall have the right to undertake such efforts as it shall
determine appropriate to control weeds within any of the Common Elements. Any weed control
activities undertaken within the Common Elements shall be deemed a Common Expense and
may be assessed against all Lot Owners in accordance with the terms of this Declaration.
9.21 Trees and Ground _ Giver. No living tree, shrub or bush may be removed except
pursuant to a landscaping plan approved by the DRC or otherwise with the approval, of said
DRC. Said prohibition extends to naturally existing trees, shrubs and bushes and to trees, shrubs
and bushes planted by Owners. No grading or other soil or earthwork shall be performed on a
Lot until plans for placing improvements on such Lot have been properly approved by the DRC,
and then only to the extent contemplated by such approved plan. After completion of such set of
34
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3511674 08//212008 02:04P Weld County, CO
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improvements on a Lot, the ground shall be restored, as nearly as possible, to its original
contours and appearance. Contour changes of more than one foot from existing grades shall
require the approval of the DRC. The natural groundcover of a Lot shall not be disturbed unless
approved by the DRC,
9,22 Fire Control, The Association shall have the right toestablish reasonable Rules
and Regulations from time to time with respect to cutting or mowing of grasslands on each Lot
which are reasonably accessible by tractor or other mowing equipment in order to minimize
potential fire hazards to persons and property within the Common. Interest Community. In the
event an Owner fails to mow or cut his or her grass in accordance with any Rules and
Regulations established by the Association for the purpose of minimizing fire hazards, the
Association may enter upon such Lot and cut and/or mow grasses and vegetation and the Lot
Owner shall be liable to the Association for an Individual Assessment as set forth in this
Declaration,
9,23 Maintenance of. Lots and Improvements. Each Owner shall keep or cause to be
kept all buildings, fences, and other structures located on his or her Lot in good repair and shalt
otherwise comply with the Design Guidelines. The exterior of all Dwelling Units and any and all
appurtenant structures within the Common Interest Community shall be maintained in good,
attractive condition by the Owners thereof. All Dwelling Units and appurtenant structures shall
be repainted or re -stained periodically as needed. The Association may require an Owner to paint
or stain a Dwelling Unit and appurtenant structures, and upon such Owner's failure to do so, the
Association may cause such action to be take€, and may assess such Owner for the costs incurred
thereby. If any Owner faits to maintain the exterior surfaces in accordance with the foregoing
requirements, the Association may give the Owner written notice to perform such work within
not Jess than fifteen (15) days, and if the Owner fails to perform such work within that time, the
Association may have such work done at the expense of the Owner, If the work is done by the
Association at the Owner's expense, the Owner shall pay for such work within three (3) days
after notice is given in writing to the Owner as to the cost of such work. If the Owner fails to pay
within that time and if the Association thereafter incurs reasonable attorneys' fees and costs in
collecting such amount from the Owner, all such attorneys' fees and costs incurred shall likewise
be a debt owing by the Owner to the Association,
9.24 Maintenance of .Landscaping. Commencing as to each Lot when a certificate of
occupancy has been issued for a Dwelling Unit on such Lot, the landscaping on each Lot shall be
maintained by the Owner subject, however, to the right of the Association to perform any
maintenance deemed necessary or desirable to maintain the high standards established for the
Common Interest Community, and to assess such Owner for such required mairftehance. If' any
Owner fails to maintain landscaping on such Owner's lot in accordance with such requirements,
the Association may give the Owner written notice to perform necessary maintenance within not
less than fifteen (15) days, and if the Owner fails to perform such maintenance work within that
time, the Association may have such work done at the expense of the Owner of the Lot. If the
work is done by the Association at the Owner's expense, the Owner shall pay for such work
within three 00) days after notice is given in writing to the Owner as to the cost of such work. If
the Owner fails to pay within said time and the Association thereafter incurs reasonable
attorneys' fees and costs incurred shall likewise be a debt owing by the Owner to the Association.
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9.25 Maintenance of Vacant Lots. Prior to the start of construction of a Dwelling Unit
on each Lot, the Association shall have the right to plant and maintain grass on it; periodically
mow such grass and other vegetation; remove any trash or other debris; and remove snow from
any sidewalk on the Lot. The Association may charge reasonable fees to the Owners of such
vacant Lots, for such services, Such services shall be deemed renderedsolely to the Owners of
each such vacant Lot and charged to such Owners accordingly. The service charges shall be
based upon actual costs incurred from the contractor employed by the.Association to perform the
services, as well as an administrative fee; such service charges need not be identical for the Lots.
Such service charge shall be due upon billing by the Association and payable within fifteen (15)
days of such billing, The Owner shall be liable for reasonable attorneys' fees and costs incurred
by the Association in collecting such service charge.
9.26 No Business Activities. No business, trade or similar activity or any activity or
use which involves an unreasonable number of guests or visitors upon a Lot shalt be conducted
on or from any Lot without the prior written Consent of the Association, which Consent may be
withheld in the sole discretion of the Association. Notwithstanding any Approval by the
Association, any such activities may be conducted only so long as 0) the existence or operation
of the business activity is not apparent or observable from outside the Lot; (ii) such home
occupation shall be conducted only within the interior of the dwelling and shall not occupy more
than twenty-five percent (25%) of the floor area within the dwelling; (iii) the activity conforms
to all applicable zoning requirements for the Common Interest Community; (iv) the activity does
not ,involve regular visits to the Lot by customers, patients, clients, suppliers or other business
invitees or door-to•door solicitation of residents of the Common Interest Community; (v) the
home occupation shall be conducted only by the residents of the dwelling, and no nonresidents
shall be. employed in conjunction with the home occupation carried on in the dwelling; (vi) the
activity is consistent with the residential character of the Common Interest Community and does
not constitute a nuisance, a hazardous or offensive use or threat to the safety or security of other
residents of the Common Interest Community, which may be determined ist the sole discretion of
the Association; and (vii) no retail sales shall be conducted on11-m Lot. The terms "business" and
"trade" as used in this Section shall have their ordinary and generally accepted meanings and
shall include, without limitation, any occupation, work or activity undertaken on an ongoing
basis which involves the provision of goods or services to Persons other than the provider's
family and for which the provider receives a fee, compensation or other form of consideration,
regardless of whether such activity is engaged in full or pan -time, such activity is intended to or
does generate a profit or a license is required.
9.27 Animals. An Owner or tenant of any Lot may keep animals upon his or her Lot
for recreational purposes and for use by the immediate family of such Owner or tenant, subject to
the following restrictions and limitations:
(a) Household pet; such as dogs and eats, shall be permitted on an Ow/trees
Lot, provided that said pets shall remain under the control of their owner at all times by voice
control or physical restraint and shall not be allowed to chase domestic animals, livestock or
wildlife. Household pets may not be kept, bred or maintained on a Lot for commercial purposes.
No more than tree (3) adult dogs and a reasonable number of cats and other household pets as
36
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3571674 00112/2808 02:O4P Weld County, Co
37 of 61 R 3t16.U0 a 0.00 Steve Moreno Clerk & Recorder
determined by the Executive Board shall be kept on any Building Envelope within a Lot. Any
offspring of a dog over four (4) months of age shall be considered an adult dog.
(b) No horses or other livestock may be kept on any Lot,
(c) Each Lot shall be maintained in a clean and sanitary condition at all times.
An permitted animals shall be cared for in a humane and husbandlike manner.
(e) Pet runs or other fenced -in areas for the containment of dogs or other pets
shall be permitted upon a Building Envelope within a Lot only with the prior written Approval of
the Design Review Committee. In considering whether to approve any such pet run or other
fenced -in areas, the Design Review Committee shall consider the location, size, concealment,
proximity to surrounding structures and adjacent Lot; proposed building materials, aesthetic
appeal and harmony of exterior design in relation to surrounding structures.
(0 No Person owning, keeping or possessing a dog within a Building
Envelope upon a Lot shall permit his or her dog to bark and/or howl continuously for a period in
excess of ten (10) minutes between the hours of 10:00 p.m. and 6:00 a. m,, or for a period in
excess of twenty (20) minutes between the hours of 6:00 a.m. and 10:00 p.m., if such barking or
howling is audible at the boundary of the Lot upon which such Person resides. Such Person shall
be entitled only to one (1) warning by the Association before being required to remove the dog
from the Lot or enclose it in a structure from which such barking and/or howling cannot be
heard.
}.28 Private Driveways. The Private Driveway providing access to an Owner's
Dwelling Unit and/or Guest House shall be maintained in a good state of repair at all times. In
the event the Lot Owner® fail to maintain the Private Driveway, (he Association may enter
upon the Lot and maintain and repair the Private Driveway in such condition as it deems
appropriate. In the event the Association shall undertake to maintain and repair the Private
Driveway due to the failure of the Lot Owner(s) to do so, the Lot Owner(s) shall be liable to the
Association for an Individual Assessment as set forth in this Declaration. In addition, in the event
of a shared Private Driveway servicing two (2) or more Lots, the Association may serve as an
arbitrator or mediator with respect to determining and enforcing the maintenance requirements
for any such Private Driveway upon written request of all such Lot Owners.
The Owner of each Lot shall install culverts wherever Private Driveways or other
personal roadways are constructed within such Lot at locations which may interfere with
stormwater drainage. MI culvert diameters shall be sufficient to allow for the passage of such
stomiwater drainage.
9.29 No Resubdiyision, Under no circumstances may any Lot be further divided,
subdivided or resubdivided, However, nothing contained herein shall be construed to prevent an
Owner from combining two (2) Or more contiguous Lots and building only one (1) Dwelling
Unit on one (1) of such Lots upon complying with all applicable requirements of Weld County
and with all applicable Design Guidelines, including, but not limited to, any requirements in
connection with the adjustment of Building Envelopes to (I) accommodate a larger Dwelling
37
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3571674 08/1.2/10DB 02;04? Weld County, 00
38 of 61 Ft 3084)0 1) 0.00 Steve
Unit on a Lott, (11) modify minimum and maximum areas of living area that may be constructed
and (iii) undertake measures necessary to preserve any easements reserved with respect to the
contiguous Lots. In the event two (2) or more contiguous Lots are owned by one (1) Owner and
developed with only one (1) Dwelling Unit, such action shall not affect the number of votes or
Assessments allocated to such Lots. In the event the Owner of such contiguous Lois is required
by Weld County or arty other governmental authority or by the holder of a First Security Interest
to plat the Lots in order to construct Improvements on them, the obligation for Assessments,
voting rights and Allocated Interests set forth herein for the Lots shall remain the same as existed
immediately prior to such platting.
9.30 Discharge of Weapo. No person shall discharge, fire or shoot any gun, pistol,
revolver, rifle, shotgun, crossbow, bow and arrow or other firearm or weapon whatsoever within
any portion of the Common Interest Community, including an Owner's own Lot. The foregoing
shall not be deemed to prohibit the firing or discharging of a slingshot, BB gun, pellet gun or
bow of five (5) pounds or less for target practice within the Building Envelope of a Lot, provided
that they may not be utilized in any manner which could result in injury or damage to the person
or property of adjacent Lot Owners, their tenants, guests and invitees, or to domestie or wild
animals located within the Common Interest Community., Notwithstanding the foregoing and
provided that the Lot Owner shall first obtain a permit from the Association, the legal discharge
of firearms or weapons by an Owner for the purpose of eliminating the threat of predator,
dangerous or nuisance animals shall not be deemed a violation of this provision. In addition, no
law enforcement officer who discharges a firearm within the Common Interest Community in the
course of such individual's official duty shall be deemed in violation of this provision,
931 Disturbing the Peace. No Person shall disturb, tend to disturb, or aid in disturbing
the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct, and no
Owner shall knowingly permit such conduct upon any Lot owned by such Owner.
932 Noise. No exterior horns, whistles, bells or other sound devices, except security
devices used exclusively to protect the security of the Property or Improvements, shall be placed
or used on any portion of the Property.
9.33 , hting. All exterior lighting of the Improvements and grounds on the Property
shall be subject to regulation by the Design Review Committee.
9.34 Si ht Distance at intersections, No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be placed or
permitted to remain on any corner Lot within the triangular area formed by the street property
lines and a line connecting them at points 25 feet from the intersection of the street property lines
extended. The same sight line limitations shall apply on any Lot within 10 feet from the
intersection of a street property lino within the edge of a driveway pavement. No tree shall be
permitted to remain within such distances of such intersections unless the foliage line is
maintained a sufficient height to prevent obstruction of such sight line,
9.35 Solar Energy. The Common Interest Community has been planned to encourage
the use of passive solar energy. Direct, unobstructed access to sunlight is necessary and vital for
38
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357 674 0811 21200 02;04P Weld
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& Recorder
39 of 61 Ft 386.00 0 0.00 Steve
solar energy systems. No Lot Owner shall, without the prior written approval of the Executive
Board, plant any trees, landscaping or shrubbery which is of sufficient height or when mature
would be of sufficient cient height so as to obstruct} block, obscure or shield the southerly roof
exposure of any Dwelling Unit. No solar equipment, improvements or fixtures shall be placed or
installed, whether originally installed or installed as a retrofit, upon any Lot, Dwelling Unit or
other improvement upon the Lot until such solar equipment, improvements or fixtures have been
first approved in writing by the DRC,
9.36 Nuisance. No obnoxious or offensive activity shall be carried on within the
Property, nor shall anything be done or permitted which shall constitute a public nuisance. No
noise or other nuisance shall be permitted to exist or operate upon the Property so as to be
offensive or detrimental to any other part of the Property or its occupants. No activity which
creates a foul or unpleasant odor as determined by the DRC shall be permitted on any Lot.
9.37 General. i''racticvs Prohibited, The following practices arc prohibited within the
Common Interest Community:
9.37.1 Allowing construction suppliers and contractors to clean their equipment
other than at a location designated for that purpose by the Design Review Committee;
9,37,2 Removing any rock, plant material, top soil or similar items from any
property of others;
l
9.37.3 Careless disposition of cigarettes and other flammable materials; or
9.37.4 Violation of any state, federal, or local law, ordinance, rule or regulation.
9.3 8 Use of Property During Construction, It shall be expressly permissible and proper
for the Declarant and any Owner acting with the prior written consent of the Design Review
Committee, and their respective employees, agents, independent contractors, successors, and
assigns involved in the construction of Improvements on, or the providing of utility service to,
the Property (including the Expansion Property) or other real property owned by the Declarant,
to perform such activities and to maintain upon portions of the Property as they deem necessary,
such facilities as may be reasonably required, convenient, necessary or incidental to such
construction and development of the Property,. This permission specifically includes, without
limiting the generality of the foregoing, maintaining storage areas, construction yards and
equipment and signs. However, no activity shall be performed and no facility shall be maintained
on any portion of the Property in such a way as to unreasonably interfere with or disturb any
Purchaser or Owner of a Lot, or to unreasonably interfere with the use, enjoyment or access of
such Owner or his or her tenants, employees, guests, or business invitees, of and to his or her
Lot. If any Owner's use under this provision is deemed objectionable by the Design Review
Committee, then the Design Review Committee, as applicable, in its sole discretion, may
withdraw this permission. Notwithstanding the foregoing, this Section shall not operate to
prevent the exercise of any Special Declarant Rights.
9.39 Leasing, The Owner of a Lot shall have the right to lease his or her Lot, subject to
39
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the following conditions:
(30) days.
3571674 0811212008 02:04P Weld County, CO
40 of 61 ft 306.00 0 DM Steve Moreno C1&k 1& Recorder
939,1 All leases shall be in writing and shall be for a term of not less than thirty
9.3 9.2 Any lease shall be for the entire Dwelling Unit
9.39.3 The lease shall be specifically subject to the Documents, and any failure of
a tenant to comply with the Documents shall be a default under the lease.
9.39,4 The Owner shall be liable for any violation of the Documents committed
by the Owner's tenant, without prejudice to the Owner's right to collect any sums paid by the
Owner on behalf of the tenant.
9.40 Enforeernent. The Association, or the Design Review Committee, acting on
behalf of the Association, may take such action as it deems advisable to enforce this Declaration
as provided herein, to addition, the Association and the Design Review Committee shall have a
right of entry on any part of the Property for the pmposes of enforcing this Article, and any costs
incurred by the Association or the Design Review Committee in connection with such
enforcement which remain unpaid thirty (30) days after the Association has given notice of the
cost to the Owner and otherwise complied with the Act shall be subject to interest at the Default
Rate from the date of the advance by the Association Or the Design Review Committee through
the date of payment in full by the Owner, and shall be treated as an Individual Assessment
enforceable as provided in this Declaration.
9.41 Zoning Regulation. No Lot shall be occupied or used by or for any structure or
purpose which is in violation of the building codes, zoning resolution; subdivision regulations
or other governmental rules and regulations applicable to the Common Interest Community,
including the zoning regulations of Weld County, Colorado. Such governmental restrictions on
the use and construction and erection of Improvements upon the property may be more
restrictive than those set forth in this Declaration and the Declarant makes no representation that
Approval of any use or structure by the Design Review Committee shall be deemed approved by
the appropriate governmental entity.
ARTICLE 10
SPECIAL, DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
10.1 General Provisions. Until the expiration of the Special Declarant Rights Period,
the Declarant shall have the following Special Declarant Rights with respect to all of the
Property (including the Expansion Property):
10,1.1 Completion of Improvements. The right to complete improvements as
indicated on any Plat filed with respect to the Property;
10.1.2 Development Rights. The right to exercise alt "development rights," as
40
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3571674 08/12/2008 02:04P Weld County, CO
41 at 61 B 308.00 11 0,00 Stove Moreno Clerk & Recorder
defined from time to time in the Act (and so referred to here as "Development lights"),
• including without limitation, the right or combination of rights hereby resented by the Declarant,
as follows:
(a) The right to create Lots and. Common Elements within the
Common Interest Community, subject to the limitations of Section 3.6,
(b) The right to subdivide Lots and convert Lots into Cornmon
Elements on any part of the Property, subject to the limitations of Section 3.6.
(e) The right to withdraw real estate from the Common Interest
Community, as provided in Article 15.
10.1.3 Saks Management and Marketing. The right to construct, maintain and/or
relocate from time to time, model Dwelling Units, sales €offices, construction offices,
management offices, signs advertising the Lots and the Common Interest Community and to
conduct sales activities thereon. Such rights shall include, without limitation, the right to install
signage, both fixed and movable, flags and flag poles.
10.1.4 Easements. The right to use easements through i e Common Elements on
the Property for the purpose of making Improvements on the Property.
104145 Master Association, The right to make the Common
Interest Community subject to a master association.
10.1.6 Association Directors and Officers. The right to appoint any officer or
Director of the Association, as provided in this Declaration or the Bylaws, and subject to the
limitations of the Act.
10.147 Use Agreements, The right to enter into, establish, execute, amend and
otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation
of recreational facilities, detention pond and drainage facilities, which may or may not be a part
of the Common Interest Community for the benefit of the Lot Owners and/or the Association.
10.1, 8 Allocations .e.,g ding`Limited Common Elements. The right to allocate
specified areas which constitute a part of the Common Elements as Limited Common Elements
for the exclusive use of the Owners of Lots to which the specified areas shall become
appurtenant. The Declarant may assign such Common Elements as Limited Common Elements
pursuant to the provisions of C.R.S. § 38-333-208 of the Act (I) by making such an allocation in
a recorded instrument or (ii) in the deed to the Lot to which such Limited Common Element shall
be appurtenant or (iii) by recording an appropriate amendment or supplement to this Declaration.
Such allocations by the Declarant may be to Lots owned by the Declarant, Subsequent to
expiration of the Declarant Control period, the right of allocation pursuant to this Section shall
pass from the Declarant to the Executive Board, and the Declarant may not thereafter exercise
any such right.
41
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3511674 08/12/2008 02:04? Weld Courtly, 00 (r
42 of 61 11 308.00 0 0,0G Steve Moreno Clerk & Recorder
1O.19 Colorado Common .Interest Ownership Act. The right to amend this
Declaration to comply with the requirements of the Colorado Common Interest Ownership Act
in the event any provision contained herein does not so comply with the Act,
10.2 Order of Exercise of Declarant's Rights. The fact that the Declarant may exercise
one (1) or more of Declarant's Development Rights or other Special Declarant Rights on one (1)
portion of the Property shall not operate to require the Declarant to exercise a Development
Right or other Special Declarant Right with respect to any other portion of the Property.
103 Supplemental Provisions Rem:ding Declarant's Rights, without limiting the
generality of the foregoing, certain of these Special Declarant Rights are explained more fully in
this Article below. Further, the Declarant reserves the right to amend this Declaration and any
Plat in connection with the exercise of any Development Right or any other Special Deelarant
Right to the extent permitted by the Act, and the Declarant also reserves the additional rights
retained for the benefit of the Declarant in this Article and in other provisions of this Declaration,
10.4 Reservation of Easements Exce bons and Exclusions for Utilities, !nfrastcucture
and Access. The Declarant reserves for itself, its successors and assigns, and hereby grants to the
Association, acting through the Executive Board, the concurrent right to establish from time to
time, by declaration or otherwise, utility and other easements} permits or licenses over the
Common Elements, for purposes, including, but not limited to, ingress, egress, utilities} drainage
areas and to create other- reservations, exceptions and exclusions in the interest of the Owners
and the Association, in order to serve the Owners within the Common Interest Community as
initially built and expanded. The Declarant also reserves for itself, its successors and assigns, and
grants to the Association, the concurrent right to establish from time to time by instrument
recorded with the Clerk and Recorder of weld County, Colorado, such easements, permits or
licenses over the Common Elements for access by certain Persons (other than Owners and
Owners' families and guests) who may be permitted to use designated portions of the Common.
Elements as contemplated by this Declaration.
10.5 Utility Easements. There is hereby created a general easement upon} across, over,
in and under such portion of the Property as shall be located outside of the Building Envelope for
each Lot for ingress and egress and for installation} replacement, repair and maintenance of ail
utilities, including, but not limited to, water, sewer, gas, telephone, electrical, television and a
master communication system if, in the reasonable discretion of the utility provider, suchutilities
cannot be located within the Drainage and Utility Easement described in Section 6.2(b)} above,
By virtue of this easement and upon a determination by the utility provider that the utilities
cannot reasonably be located within the Drainage and Utility Easement, it shall be expressly
permissible and proper for utility providers providing electrical, television, telephone and other
communications services to install and maintain necessary equipment on all portions of the
Property outside the Building Envelopes and to affix and maintain electrical, television,
telephone and other conunications wires, circuits and conduits under the Property. Any utility
company using this general easement will use its best efforts to install and maintain the utilities
provided without disturbing the uses of the Owners, the Association and the Declarant and will
prosecute its installation and maintenance activities as promptly and as expeditiously as
reasonably possible and will restore the surface of the Property to its original condition as soon
42
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3671674 08/1212.008 02:OIP Weld County, CO
43 of 61 Ft 306,00 [) 0.00 Steve Moreno Clerk & Recorder
as possible after completion of the work, Should any utility company furnishing service covered
by this general easement request a specific easement by separate recordable document, either the
Declarant Or the Association will have, and are hereby given, the right and authority to grant
such easement upon, across, over or under any part of the Property without conflicting with the
terms of this Declaration, This general easement will in no way affect, void, extinguish or
modify any other recorded easement on the Propel,
10.6 Drainage Easement. An additional drainage easement is hereby reserved to the
Declarant, for itself, its successors and ass€gns, and granted to the Association, its officers,
agents, employees, successors and assigns, to enter upon, across, over, in and under any portion
of the Property outside the Building Envelope on each Lot for the purpose of changing,
correcting or otherwise modifying the grade or drainage channels of the se Property so as to
improve the drainage of water in the event the Declarant and/or the Association reasonably
determine that such action shall be required in addition to use of the Drainage and Utility
Easement set forth in Section 6.2(b), above. Reasonable efforts will be made to use the easement
so as not to disturb the uses of the Owners, the Association and the Declarant, as applicable, to
the' extent possible; to prosecute such drainage work promptly and expeditiously, and to restore
any areas affected by such work to an attractive and usable condition as soon as reasonably
possible following such work. The Declarant, its officers, agents, employees, successors and
assigns, must inform and obtain the Approval of the Executive Board of the Association prior to
undertaking such drainage work, which Approval shall not be unreasonably withheld,
103 Declarant's Rights Incident to Constniction. The Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under, and across the Common Elements and the right to store materials thereon and to make
such other use thereof as may be reasonably necessary or incident to the construction of the
Improvements on the Property or other real pioperty owned by the Declarant; provided,
however, that no such rights shall be exercised by the Declarant in such a way as to unreasonably
interfere with the occupancy, use, enjoyment, or access to an thvner's Lot by that Owner or his
or her family, tenants, employees, guests, or invitees.
10.8 Easements Deemed Created. All conveyances of Lots hereafter made, whether by
the Declarant or otherwise, shall be construed to grant and reserve the easements contained in
this Article 10, even though no specific reference to such easements or to this Article 10 appears
in the instrument for such conveyance.
10.9 Approved BuiiderslArchitects. Declarant shall initially establish a list of builders
who are approved to build Dwelling Units within the Common Interest Community. Said list
shall be compiled based on criteria such as the respective builders' quality of workmanship,
length of experience, financial condition, and other relevant factors as determined by Declarant.
Declarant, and subsequently the DRC, shall have the right to revise said list of approved builders
from time to time, as appropriate. Owners of Lots within the Common Interest Community shall
contract only with approved builders for the construction of Dwelling Units' within the Common
Interest Community, and the DRC may reject any application for which an approved builder will
not be involved,
43
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Declarant shall initially establish a list of architects who are approved to design Dwelling
Units to be built within the Common Interest Community, Said list shall be compiled based on
criteria such as the respective architects' quality of design and workmanship, length of
experience, and other relevant factors as determined by Declarant. Declarant, and subsequently
the DC, shall have the right to revise said list of approved architects from time to time, as
appropriate. Owners of Lots within the Common Interest Community shall contract only with
approved architects for the design of Dwelling Units to be constructed within the Common
Interest Community, and the DRC may reject any application for which an approved architect
will not be involved.
10.10 Belts `rans1'erable. Any Special Declarant Right created or reserved under this
Article for the benefit of the Declarant may be transferred to any Person by an instrument
describing the rights transferred and recorded
in Weld County, Colorado. Such instrument shall be executed by the transferor Declarant and
the transferee.
ARTICLE!!
INSURANCE AND FIDELITY BONDS
l 1.1 Authority to Purchase. All insurance pelici es relating to the Common Elements
shall be purchased by the Executive Board or its duly authorized agent. The Executive Board, the
Manager and the Declarant shall not be liable for failure to obtain any coverage required by this
Article 11 or for any loss or damage resulting from such failure if such failure is due to the
unavailability of such coverage from reputable insurance companies, or if such coverage is
available only at demonstrably unreasonable costs. Notwithstanding the foregoing, if the
insurance described in Sections 11,3 and 11 A, below, is not reasonably available, or if any policy
of such 'insurance is cancelled or not renewed without a replacement policy having been
obtained, the Association promptly shall "cause notice of that fact to be hand delivered -far
otherwise delivered to ail Owners by such methods as required by the Act.
11.2 General Insurance Provisions. All such insurance coverage obtained by the .
Executive Board shall conform to any minimum requirements of the Act} and, to the extent not
inconsistent with the Act, the following provisions:
11.2.1 As long as the Declarant owns any Lot, the Declarant shall be protected by
all such policies in the same manner as any other Owner. The coverage provided to the Declarant
under the insurance policies obtained in compliance with this Article 11 shall not he deemed to
protect or be for the benefit of any general contractor engaged by the Declarant, nor shall such
coverage be deemed to protect the Declarant for (or waive any rights with respect to) warranty
claims against the Declarant as the developer of the Common Interest Community.
11.2.2 The deductible, if any, on any insurance policy purchased by the
Executive Board may be treated as a Common Expense payable from annual Common Expense
Assessments or Special Assessments allocable to ail of the Lots or to only some of the Lots, if
the claims or damages arise from the negligence of particular Owners (if the repairs benefit only
44
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3571674 08/1212008 62:04P Weld County, CO
45 of 61 B 306,00 0 0.00 Steve Moreno clerk 6 Recorder
particular Owners), or as an item to be paid from working capital reserves established by the
Executive Board. Except as otherwise set forth in this Article, the maximum deductible amount
shall be the lesser of Ten Thousand Dollars ($10,000,00) or one percent (I%) of the policy face
amount.
113 Physical Damage Insurance on Common Elements. The Association shall obtain
insurance for all insurable Improvements, if arty, on the Common Elements in an amount equal
to the full replacement value (he., one hundred percent DM] 00%] of the current "replacement cost"
exclusive of land, foundation, excavation, depreciation on personal property, and other items
normally excluded from coverage), which shall include all building service equipment and the
like, common personal properly and supplies, and any fixtures or equipment within the Common
Elements. In addition, such policy shall afford protection against at least the following:
11,3, l Loss or damage by fire and other hazards covered by the standard
extended coverage endorsement with the standard "allwrisk" endorsement covering sprinider
leakage, debris removal,cost of demolition, vandalism, malicious mischief, windstorm, and
water damage.
11:32 Such other risks as shall customarily be covered with respect to projects
similar in construction, location and use to the Common Interest Community.
in contracting for the insurance coverage obtained pursuant to this Section above, the
Executive Board shall be required to make reasonable efforts to secure coverage which provides
the following:
(1) A waiver of any right of the insurer to repair, rebuild or replace any
damage or destruction, if a decision is made pursuant to this Declaration not to do so.
(ii) The following endorsements (or equivalent); (a) "cost of demolition;" (b)
"contingent liability from operation of building laws or codes;" (c) "increased cost of
construction;" (d) "agreed amount" or elimination of co-insurance clause; and (e) "inflation
guard" (if available).
Prior to obtaining any policy of physical damage insurance or any renewal thereof, and at
such other intervals as the Executive Board may deem advisable, the Executive Board shall
obtain an appraisal front a general contractor or such other source as the Executive Board may
determine of the then current replacement cost of the Property (exclusive of the land,
excavations, foundations and other items normally excluded from such coverage) subject to
insurance carried by the • Association, without deduction for depreciation, for the purpose of
determiriing the amount of physical damage insurance to be secured pursuant to this Article,
11.E Liability Insurance. The Association shall obtain a comprehensive policy of
commercial general liability insurance (including bodily injury, libel, slander, false arrest and
invasion o€ privacy coverage) and property damage insurance with such limits as the Executive
Board may from time to time determine, insuring each member of the Executive Board, the
Association, the Manager, each Owner and the respective employees, agents and all Persons
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acting as agents of the Association against any liability to the public or the Owners (and their
guests, invitees, tenants, agents, and employees) arising in connection with the ownership,
operation, maintenance, or use of the Common Elements and Common Roads within the
Common Interest Community and any other areas under the control of the Association. The
Declarant and its officers, directors, agents and authorized representatives shall be included as
additional insureds sureds in their capacity as an Owner, officer, director, agent or authorized
representative. The Owners shall be included as additional insureds, but only far claims and
!iabiiitics arising. in connection with the ownership, existence, use or management of the
Common Elements,
Such comprehensive policy of public liability insurance shall include the following;
11,4.1 Coverage for contractual liability, liability for non owned and hired
automobiles, and, if applicable, host liquor liability, employer's liability, and such other risks as
shall customarily be covered with respect to developments similar to the Common Interest
Community in construction, location, and use,
1 1,4,2. A cross liability endorsement under which the rights of a named insured
under the policy shall not be prejudiced with respect to an action against another insured.
11.4,3 A "severability of interest" endorsement which shall preclude the insurer
from denying liability coverage to an Owner because of the negligent acts of the Association or
another Omer.
The Executive Board shall review the coverage limits at least once every two (2) years,
but, generally, the Executive Board shall carry such amounts of insurance usually required by
private institutional mortgage lenders on projects similar to the Common Interest Community,
and in no event shall such coverage be less than One Million Dollars (1,000,000.00) for all
claims for bodily injury or property damage arising out of one (1) occurrence. Reasonable
amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in
an amount not less than One Million Dollars ($1,000,000.00)
11.E Fidelity Insurance. Fidelity bonds shall be maintained by the Association to
protect against dishonest acts on the part of its officer; Directors, trustees, and employees, and
on the part of all others who handle or are responsible for handling the funds of or administered
by the Association. In addition, if responsibility for handling funds is delegated to a Manager,
such bonds shall be required for the Manager and its officers, employees, and agents, as
applicable. Such fidelity coverage shall name the Association as an obligee and shall be written
in such an amount as the Executive Board may determine appropriate, and in any event in the
minimum amount, if any, prescribed by the Act. Such bonds shall contain waivers by the issuers
of all defenses based upon the exclusion of Persons serving without compensation from the
definition of "employees,} or similar terms or expressions. Such bonds shall cover the maximum
funds that will be in the custody of the Association or any management agent at any time while
the bond is in forces
11.6 Provisions Common to Physical Damage Insurance Liabilit Insurance Fidelit
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Insurance and Flood Insurance. Any insurance coverage obtained by the Association under the
provisions of this Article above shall be subject to the following provisions and limitations:
11.6.1 The named insured under any such policies shal l include the Declarant,
until all of the Lots in the Common Interest Community have been conveyed, and the
Association, as attorney -in -fact for the use and benefit of the. Owners, or the authorized
representative of the Association (including any trustee with whom the Association may enter
into an insurance trust agreement, or any successor trustee, each of which is sometimes referred
to in this Declaration as the "Insurance Trusted'), who shall have exclusive authority to negotiate
losses under such policies.
t 1,6.2 Each Owner shall be an insured person with respect to liability arising out
of the Owner's interest in the Common Elements or membership in the Association.
11.6.3 In no event shall the insurance coverage obtained and maintained pursuant
to this Article be brought into contribution with insurance purchased by the Owners or the
holders of their Security Interests.
11.6,4 The policies shall provide that coverage shall riot be prejudiced by (1) any
act or neglect of any Owner (including an Owner's family, tenants, servants, agents, invitees, and
guests) when such act or neglect is not within the control of the Association, or (ii) any act or
neglect or failure of the Association to comply with any warranty or condition with regard to any
portion of the. Property over which the Association has no control; or Oil) conduct of any kind on
the part of an Owner (including the Owner's family, tenants, servants, agents and guests) or any
Director, officer, employer, or Manager of the Association, without prior demand to the
Association and a reasonable opportunity to cure the matter.
11.6.5 The policies shall contain the standard mortgagee clause commonly
accepted by private institutional mortgage investors in the area rift which the Property is located,
and provide that coverage may not be cancelled in the middle or at the end of any policy year or
other period of coverage or substantially modified or reduced (including cancellation for
nonpayment of premiums) without at least thirty (30) days' prior written notice mailed to the
Association and to each Owner and holder of a Security Interest to whom a certificate or
memorandum of insurance has been issued, at their respective last known addresses.
11,6,6 The policies shall contain a waiver by the insurer of any right to claim by
way of subrogation against the Declarant} the Executive Board, the Association, the Manager,
and any Owner and their respective agents, employees, or tenants, and in the case of Owners,
members of their households, and of any defenses based upon co-insurance.
11.6. ' The policies described in Sections 11.3 and 11,4, above, shall provide that
any "no other insurance" clause shall expressly exclude individual Owners' policies from its
operation so that the physical damage policy or policies purchased by the Executive Board shall
be deemed primary coverage, and any individual owners' policies shall be deemed excess
coverage.
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11.7 Personal Liabilit Insurance of Officers and Directors. To the extent obtainable at
reasonable cost, appropriate officers' and directors' personal liability insurance shall be obtained
by the Association to protect the officers and Directors from personal liability in relation to their
duties and responsibilities in acting as such officers and Directors on behalf of the Association.
11.8 Workmen's Compensation insurance, The Association shall obtain workmen's
compensation or similar insurance with respect to its employees, if any, in the amounts and
forms as may now or hereafter be required by law.
11,9 Other Insurance. The Association may obtain insurance against such pother risks,
of a similar or dissimilar nature, as it deems appropriate with respect to the Association's
responsibilities and duties,
11.10 Insurance Obtained ._by Owners, Each Owner shall have the right to obtain
insurance for such Owner's benefit, at such Owner's expense, covering the Owner's personal
property and personal liability (except to the extent any Owner's Lot is encumbered by an
easement conveyed to the Association as a Common Element). In addition, each Owner may
obtain such other and additional insurance coverage on and in relation to his or her Lot as such
Owner concludes to be desirable; provided, however, that no insurance coverage obtained by an
Owner shall operate to decrease the amount which the Executive Board, on behalf of all Owners,
may realize under any policy maintained by the Executives Board or otherwise affect any
insurance coverage obtained by the Association or cause the diminution or termination of that
coverage. Any such insurance obtained by an Owner shall include a waiver of the particular
insurance company's right of subrogation against the Association and other Owners.
ARTICLE 12
ASSOCIATION AS ATTORNEY:IN-FACT,
Each and every Owner hereby irrevocably constitutes and appoints the Association as
such Owner's true and lawful attorney -in -fact in such Owner's name, place, and stead for the
purpose of dealing with the Improvements on the Common Elements upon damage or
destruction as provided in this Article or a complete or partial taking as provided in Article 14,
below. Acceptance by any grantee of a deed or other instrument of conveyance from the
Declarant or from any Owner shall constitute appointment of the Association as attorney -hr -fast
as provided in this Article, As attorney -in -fact, the Association shall have Hl and complete
authorization, right, and power to maker execute, and deliver any contract, assignment, deed,
waiver, or other instrument with respect to the interest of any Owner which may be necessary or
appropriate to exercise the powers granted to the Association as attorney -in -fact
ARTICLE 13
DAMAGE OR DESTRUCTION
BA Estimate of Damage or Destruction, As soon as practical after an event causing
damage to or destruction of any part of the Common Elements, the Association shall, unless such
48
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damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and
complete of the costs of repair and reconstruction of that part of the Common Elements so
damaged or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring
the damaged or destroyed Improvements to substantially the same condition in which they
existed prior to the damage or destruction.
13.2 Repajr _and cs nstruclian, As soon as practical after obtaining estimates, the
Association shall diligently pursue to completion the repair and reconstruction of the damaged or
destroyed Improvements. As attorney -in -fact for the Owners, the Association may take any and
all necessary or appropriate action to effect repair and reconstruction, and no consent or other
action by any Owner shall be necessary. Assessments of the Association shall not be abated
during the period of insurance adjustments and repair and reconstruction.
13.3 Funds for Reuair and Reconstruction. The proceeds received by the Association
from .any hazard insurance shall be used for the purpose of repair, replacement, and
reconstruction, If the proceeds of the insurance are insufficient to pay the estimated or actual cost
of such repair and reconstruction, the Association may, pursuant to Section 7.4, above, levy,
assess, and collect in advance from all Owners, without the necessity of a special vote of the
Owners, except as provided in Section 7.A, a Special Assessment sufficient to provide funds to
pay such estimated or actual costs of repair and reconstruction. Further levies may be made in
like manner if the amounts collected prove insufficient to complete the repair and reconstruction.
13.4 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds
held by the Association and the amounts received from the Special Assessments provided for in
Section 7.4, above, constitute a end for the payment of the costs of repair and reconstruction
after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair
and reconstruction shall be made from insurance proceeds, and the balance from the Special
Assessments. If there is a balance remaining Mier payment of all costs of such repair and
reconstruction, such balance shall be distributed to the Owners in proportion to the contributions
each Owner made as a Special Assessment to the Association under Section 7,d, above, or, if no
Special Assessments were made, then on the basis of the allocation to the Owners of Common
Expenses under Section 7.3, above, first to the holders of Security Interests and then to the
Owners, as their interests appear.
13.5 Decision Not to Rebuild. If Owners representing at least.eighty percent (80%) of
the votes in the Association, including the vote of every Owner of Improvements that will not be
restored and including# during the Special Declarant Rights Period, the vote of the Declarant, and
any other votes required by the Act, agree in writing not to repair and reconstruct and .no
alternative Improvements are authorized, then and in that event the Property shall be restored to
its natural state and maintained as an undeveloped portion of the Common Elements by the
Association in a neat and attractive condition. Any remaining insurance proceeds shall be
distributed in accordance with the Act.
13,6 Damage or Destruction Affecting Lots. In the event of damage or destruction to
the Improvements located on any of the Lots, the Owner thereof shall promptly repair and restore
the damaged Improvements to their condition prior to such damage or destruction. If such repair
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or restoration is not commenced within one hundred eighty (180) days from the date of such
damage or destruction, or if repair and reconstruction is commenced but then abandoned for a
period of more than ninety (90) days, then the Association may, after notice and hearing as
provided in the Bylaws, impose a fine accruing at the rate of One Thousand Dollars ($1,000.00)
per day or such other rate imposed by the Executive Board in compliance with. the Act, charged
against the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can
prove to the satisfaction of the Association that such failure is due to circumstances beyond the
Owner's control, Such fine shall be an individual Assessment and lien against the Lot as
provided in this Declaration
ARTICLE 14
CONDEMNATION
14.1 Rights of Owners. Whenever all or any part of the Common Elements shall be
taken or conveyed in lieu of and under threat of condemnation by any authority having the power
of condemnation or eminent domain, each Owner shall be entitled to notice of the taking, but the
Association shall act as attorney -ire -fact for all Owners in the proceedings incident to the
condemnation proceeding, unless otherwise prohibited by law.
14,2 Partial Condemnation* Distribution of Award, Reconstruction, The award made
for such taking shall be payable to the Association as trustee for all Owners to be disbursed as
follows:
If the taking involves a portion of the Common Elements on which Improvements have
been constructed} then, unless, within sixty (60) days after such taking, Owners representing at
least sixty-two and one half percent (62.5%) of the votes in the Association, including, during the
Special Declarant Rights Period, the vote of the Declarant, shalt otherwise agree, the Association
shall restore or replace such Improvements so taken on ibe remaining land included in the
Common Elements to the extent lands are available therefor, in accordance with plans approved
by the Executive Board, the Design Review Committee and any other authority having
jurisdiction in such matters. If such improvements are to be repaired or restored, the provisions
in Article 13, above, regarding the disbursement of funds in respect to casualty damage or
destruction which is to be repaired shall apply. If the taking does not involve any Improvements
on the Common Elements, or if there is a decision made not to repair or restore, or if there are
net funds remaining after any such restoration or replacement is completed, then such award or
net funds shall be distributed on the basis of the Common Expenses allocated to the Owners
under Section 7.3, above, first to the holders of Security Interests and then to the Owners, as their
interests appear.
14.3 Complete Condemnation. If all of the Common Interest Community is taken,
condemned, sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the
regime created by this Declaration shall terminate, and the portion of the condemnation award
attributable to the Common Elements shalt be distributed as provided hi Section 14, 2, above,
50
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ARTICLE 15
EXPANSION AND WITHDRAWAL
15.1 Expansion Rights. The Declarant expressly reserves the right to subject all or any
part of the property described on Exhibit "C" attached hereto and incorporated herein by
reference ("Development Property") to the provisions of this Declaration upon the substantial
completion of improvements on all or any part of the Development Property. The consent of the
then Lot Owners or holders of Security interests shall not be required for any such expansions
and the Declarant may proceed with such expansion without limitation and at its sole option.
15.2 Development and Withdrawal Rights, The Declarant expressly reserves the right
to create additional Lots, Common Elements and Limited Common Elements? to subdivide the
Lots and to convert Lots into Common Elements or Limited Common. Elements on all or any
portion of the Property or Development Property if such property is reserved for future
development on the Plat. The Declarant may exercise its development rights on all or any portion
of the Development Property in whatever order of development the Declarant, in its sole
discretion, determines. If all or any part of the Development Properly is submitted to this
Declaration, this right to reserve property for future development shall apply to such property as
well, The Declarant expressly reserves the right to withdraw all or any portion of the property
that is reserved for future development on the Plat from the Common Interest Community by
recording a document evidencing such withdrawal in the office of the Clerk and Recorder of
Weld County, Colorado. The property withdrawn from the Common Interest Community shall
be subject to whatever easements, if any, are reasonably necessary for access to or operation of
the Common Interest Community, The Declarant shall prepare and record in the office of the
Cleric and Recorder of Weld County, Colorado, whatever documents are necessary to evidence
such easements,
15.3 t e.ncir .ent_pf Declaration. If the Declarant elects to submit the Development
Property, or any part thereof, to this Declaration, the Declarant shall record an Amendment to the
Declaration containing a legal description of the Development Property, or a portion thereof to
be submitted to this Declaration, and reallocating the Allocated Interests so that the Allocated
Interest appurtenant to each Lot will be apportioned according to the total number of sots
submitted to the Declaration. The Allocated Interest appurtenant to each Lot in the Common
Interest Community, as expanded, shall be a fraction, the numerator of which shall be one (l )
and the denominator of which shall be the total number of Lois within the Common Interest
Community, as expanded,
15,4 Supplement to Nat. The Declaration shall, contemporaneously with the
Amendment of this Declaration, file a supplement to the Plat showing the Development
Property, or portion thereof, to be submitted to this Declaration and the Lots and Common
Elements created within the Development Property, or portion thereof, to be submitted to this
Declaration,
15.E Interpretation. Recording of Amendments to the Declaration in the office of the
Clerk and Recorder of Weld County, Colorado, shall automatically 0) vest in each existing Lot
51
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Owner the reallocated Allocated Interest appurtenant to his or her Lot, and (ii) vest in each
holder of an existing perfected Security Interest the reallocated Allocated Interest appurtenant to
the encumbered Lot, Upon the recording of an Amendment to the Declaration, the definitions in
this Declaration shall automatically be extended to encompass and to refer to the Property as
expanded. The Development Property, or any part thereof, shall be added to and become a part
of the Property for al purposes. All conveyances of Lots after such expansion shall be effective
to transfer rights to all Common Elements as expanded, whether or not reference is made to any
Amendment to the Declaration, Reference to this Declaration in any iustnlment shall be deemed
to include all Amendments to the Declaration without specific reference thereto.
15.6 Maximum Number of: Parcels, The maximum number of Lots in the Common
Interest Community shall not exceed eighty (8) Lots. The Declarant shall not be 'obligated to
expand the Common Interest Community beyond the Lots initially submitted to this Declaration.
153 Construction Easement. The Declarant expressly reserves the right to perform
construction work, store materials on the Common Elements, and the future right to control such
work and the right of access thereto until its completion. All work may be performed by the
Declarant without the consent or approval of any Lot Owner or holder or a Security Interest. The
Declarant has such an easement through the Common Elements as may be reasonably necessary
for the purpose of discharging the Declarant's obligations and exercising the Declarant's reserved
rights in tlds Declaration. The Declarant's reserved construction easement includes the right to
grant easements to public utility companies and to convey improvements within those easements.
lithe Declarant grants any such easements, the Plat will be amended to include a reference to the
recorded easement.
15.8 Reciprocal Easements. If all or a part of the Development Property is not
submitted to this Declaration, or if property is withdrawn from the Common Interest Community
ntity
("Withdrawn Property"):
(a) The Lot Owners of the Development Property and/or Withdrawn Property
shall have whatever easements are necessary or desirable, if any, for access, utility service,
repair, maintenance and emergencies over and across the Common interest Communi€y; and
(b) The Lot Owners in the Common Interest Community shall have whatever
easements are necessary or desirable, if any, for access, utility service, repair, maintenance and
emergencies over and across the Development Property and Withdrawn Property.
The Declarant shall prepare and record in the office of the Clerk and Recorder of Weld
County, Colorado, whatever documents are necessary to evidence such easements, Such
recorded easements shall specify that the Lot Owners of the Development Property and the
Withdrawn Property and the Lot Owners in the Common Interest Community shall be obligated
to pay a proportionate share of the cost of the operation and maintenance of any easements
utilized by either one (1) of them on the other's property upon such reasonable basis as the
Declarant shall establish in the easements. Preparation and recordation by the Declaration of an
easement pursuant to this section shall conclusively determine the existence, location and extent
of the reciprocal easements that are necessary or desirable as contemplated by this section.
52
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I5.9 Termination of Expansion and Development lights. The expansion and
development rights reserved to the Declarant, for itself, its successors and assigns, shall expire
ten (10) years from the date of the recording of this Declaration, unless the expansion and
development rights are (I) extended as allowed by law, or (ii) reinstated or extended by the
Associat ion, subject to whatever terms, conditions and limitations the Executive Board may
impose upon the subsequent exercise of the expansion and development rights by the _Declarant,
15,10 Transfer of Expansion and Development Rights, Any expansion, development or
withdrawal right created or reserved under this Article for the benefit of the Declarant may be
transferred to any Person by an instrument describing the rights transferred and recorded in Weld
County, Colorado. Such instrument shall be executed by the transferor Declarant and the
transferee.
ARTICLE 16
FIRST SECURITY INTEREST PROTECTIONS
16,1 Sppecial_ lights of Fi r st S c trit Forests. Any holder of a First Security Interest
encumbering any Lot, upon filing a written request therefor with the Association, shall be
entitled to (a) written notice from the Association of any default by the mortgagor of such Lot in
the performance of the mortgagor's obligations under this Declaration, the Articles of
Incorporation, the Bylaws or the Rules and Regulations, which default is not cured within sixty
(60) days after the Association learns of such default; (b) examine the books and records of the
Association during normal business hours; (c) receive a copy of financial statements of the
Association, including any annual audited financial statement; (d) receive written notice of all
meetings of the Executive Board or Members of tho Association; (e) receive written notice of
abandonment or termination of the Association; ( receive thirty (30) days' written notice prior
to the effective date of any proposed, material amendment to this Declaration, the Articles of
Incorporation, or the Bylaws; and (g) receive thirty (30) days; written notice prior to the effective
date of termination of any agreement for professional management of the Association or the
Common Elements following a decision of the Association to assume self -management of the
ommon Elements.
162 First Security Interest Right to Fa Taxes, .Rental and Insurance Premiums, Any
one (1) or more First Security Interests, jointly or singly, shall be entitled to pay (a) any taxes or
other charges which are in default and which may or have become a lien against any of the
Common Elements; or (b) any overdue premiums on hazard insurance policies or, if such
policies are cancelled, secure new hazard insurance coverage for the Common Elements or Lots,
and the First Security Interests making such payments shall be entitled to immediate
reimbursement therefor from the Association.
16.3 Association Right to Securit r_Interest Information. Each Lot Owner hereby
authorizes any First Security Interest holding a Security Interest on such Owner's Lot to furnish
information to the Association concerning the status of such First Security Interest and the loan
which it secures.
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ARTICLE 17
ENFORCEMENT OF COVENANTS
17.1 Violations Deemed a Nuisance. Every violation of this Declaration or any other of
the Documents is deemed to be a nuisance and is subject to all the remedies provided for the
abatement or correction of the violation. In addition, all public and private remedies allowed at
law or in equity against anyone in violation of this Declaration shall be available.
17,2 c nip i anc . Each Owner or other occupant of any part of the Property shall
comply with the provisions of the Documents as the same may be amended from time to time.
17.3 Failure to Comply. Failure to comply with the Documents shall be grounds for an
action to recover damages or for injunctive relief to cause any such violation to be remedied, or
both. Reasonable notice and an opportunity for a hearing as provided in the Bylaws shall be
given to the delinquent party prior to commencing any legal proceedings.
17'.4 Who May Enforce. Any action to enforce the Documents may be brought by the
Declarant, the Executive Board* the Design Review Conittee, or the Manager in the name of
the Association on behalf of the Owners. If, after a written request from an aggrieved Owner,
none of the foregoing persons or entities commences an action to enforce the Documents, then
the aggrieved Owner may bring such an action.
17,E Remedies. In addition to the remedies set forth above in this Article} any violation
of the Documents shall give to the Executive Board, the Manager, the Design Review Committee
or the Declarant, on behalf of the Owners, the right to enter upon the offending premises or take
appropriate peaceful action to abate, remove, modify, or replace, at the expense of the offending
Owner, any structure, thing or condition that may exist thereon contrary to the interest of the
Owners and the meaning of the Documents, If the offense occurs on any easement, Common
Elements or the like, the cure shall be at the expense of the Owner or other person responsible
for the offending condition.
17.6 Nonexclusive Remedies, All the remedies set forth herein are cumulative and not
exclusive.
17.7 No Waiver. The failure of the Executive Board, the Declarant, the Design Review
Committee, the Manager, or any aggrieved Owner to enforce the Documents shall not be deemed
a waiver of the right to do so for any subsequent violations or of the right to enforce any other
part ofthe Documents at any future time.
172 No Liability: No member of the Executive Board, the Declarant, the Design
Review Committee, the Manager or any Owner shall be liable to any other Owner for r the failure
to enforce any of the Documents at any time.
17,9 Recovery of Costs. If legal assistance €s obtained to enforce any of the provisions
of the Documents, or in any legal proceeding (whether or not suit is brought) for damages or for
54
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the enforcement of the Documents or the restraint of violations of the Documents, the prevailing
party shall be entitled to recover all costs incurred by it in such action, including reasonable
attorneys' fees (and legal assistants' fees) as may be incurred, or if suit is brought, as may be
determined by the court.
ARTICLE 18
WELD �Ctl'Jt T'. REQUIREMENTS
18.1 Streets and Facilities. Declarant will improve "Hannah Lane", and "Kyle Court"
with pavement and other improvements to meet the standards of Weld County, Colorado. Upon
completion of the improvement of such streets by Declarant in accordance with the standards of
Weld d County, Colorado, the Association shall accept the streets and shall thereafter maintain and
repair the same, and Weld County shall have no responsibility therefor.
18.2 Other Common Elements. The Association shall further be responsible for
maintaining all other Common Elements installed by the Declarant and required by Weld
County, Colorado, as a condition to approving the subdivision of the Property. If at any time in
the future Weld County, Colorado, assumes responsibility for maintenance of the Common
Elements, the responsibility of the Association to provide such maintenance shall thereupon end
to the extent assumed by Weld County, Colorado,
183 Duration of Maintenance Provisions, The provisions contained in this Article 18
and all other provisions of this Declaration relating to the responsibility to maintain the Common
Elements within the Common Interest Community (including, without limitation, provisions
authorizing Assessments and the establishment and enforcement of liens for nonpayment of
Assessments) shall not expire and shall be perpetual unless specifically released by Weld
County, Colorado, or a municipality in the event the Common Interest Community is annexed by
such municipality at some future dale, In addition, in no event shall the expiration of this
Declaration in any way alter, affect or terminate any easements within the Common Interest
Community or the rights and duties of tho Unit Owners with respect to the Common Elements as
provided in this Declaration. Furthermore, the Association shall not be dissolved without the
written consent of the Board of County Commissioners of Weld County, Colorado. Prior written
approval of the Board of County Commissions of Weld County is required in the event an
amendment to this Declaration or the termination thereof, results in the Association being
relieved of any duty to maintain the Common Elements with the Common Interest Community,
18.4 Weld County RiRht..to Farm, Weld County, is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with longstanding agricultural practices and a lower
level of services than in town, Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life, 'Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural
55
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r. —• .--R•r r•a r.r r•rt�i as AIL • •�•�r ter•r•.•—•t•r-.I
f
1 111111 11111 11111111111111113 11111111111111111 1111
3571614 00112/2608 02:041' Weld
Morenoy, CO
clerk & Recorder
56 or 61 B 306,00 0 0.00 Steve
users of the land should not be expected to change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will
generate off -site impacts, including noise from tractors and equipment} slow -moving farm
vehicles on rural roads; dust front animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agriculture producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
02, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production, Water has been and
continues to be the lifeline for the agricultural community, It is unrealistic to assume that ditches
and reservoirs may simply be moved "out of the way" of residential development. When moving
to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes or other stnictures unless they have an adjudicated right to the water. Weld
County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of munic€palities, The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are
exposed to different hazards in the County than in an urban or suburban setting. Farm equipment
and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot
operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children. (Weld County Code Ordinance 2006-2) Appx 22-7 Supp. 10 .
ARTICLE 19
DURATION OF THESE COVENANTS AND AMENDMENT
19.1 Terre. This Declaration and any amendments or supplements hereto shall remain
in effect from the date of recordation on until the twenty-first (21st) anniversary of the date this
Declaration is first recorded in the office of the Clerk and Recorder of Weld County, Colorado.
Thereafter, alter, this Declaration shall be automatically extended for successive periods of ten (10)
years each, unless otherwise terminated or modified as provided below,
56
is.—earr4 ••• • •rglom .a . rsoam. — •a Sr •—ai r _�—•• em. rn •� r r
. a
1111111 �111111l�11 I!I 11111 11111111 11111111 1111111 1I VIII
3571674 08/12/2098 02:OAi' Weld County, CO
57 of 61 R 3a€.00 D 0.00 Sieve Moreno Clerk & Recorder
19.2 Amendment, Except as otherwise provided in this Article 19, this Declaration, or
any provision of it,, may be terminated, extended, modified, or amended, or revoked as to the
whole or any portion of the property, upon the written consent of Owners holding seventy-five
percent (75%) or more of the votes in the Association. Amendments made pursuant to this
Section shall inure to the benefit of and be binding upon all Owners of any part of the Property,
their family, tenants, guests, invitees, and employees, and their respective heirs, successors, and
assigns. A certificate of a licensed abstract or title company showing record ownership of the
Property and a certificate of the Secretary of the Association documenting votes held and voting
rights exercised on the basis of such ownership records shall be evidence of such ownership and
voting representation for the purposes of any such amendment,
19 3 ' equi rement for Declarant's Approval Generally. Notwithstanding the provisions
of Section l92, (1) no termination, extension, modification} amendment or restatement of this
Declaration may be made during the Period of Declarant Control without the Declarant's written
consent; and (ii) no termination, extension, modification, amendment or restatement of this
Declaration may be made during the Special Declarant Rights Period affecting (a) the right of the
Declarant to appoint the Design Review Committee, (b) any Special Declarant Right -or other
right expressly reserved to the Declarant under this Declaration or (e) the protection of the
Declarant's rights under this Article 19, without the Declarant's written consent.
19.4 Notice of Amendment. No amendment or revocation of this Declaration shall be
effective unless a written notice of the proposed amendment is sent to every Owner reasonably in
advance of any action taken or purported to be taken and such Owner has been given the
opportunity to vote or give his or her consent thereto.
19.5 Effective on Recording, Any modification, amendment or revocation shall be
immediately effective upon recording with the Clerk and Recorder of Weld County, Colorado, a
copy of such amendment, modification, or revocation executed and acknowledged by the
necessary number of Owners (and by the Declarant, as required), accompanied by a certificate of
a licensed abstract or title company as to ownership, or atternatively, upon the recording with the
Clerk and Recorder of weld County, Colorado, of a copy of the amendment, modification or
revocation together with a duly authenticated certificate of the Secretary of the Association
stating that the required number of consents of Owners were obtained, as evidenced by a
certificate of a licensed title or abstract company or other authoritative evidence of compliance
with the requirements of this Declaration regarding amendments, which shall be placed on file in
the office ofthe Association,
ARTICLE 20
MISCELLANEOUS PROVISIONS
20.1 S everabji ily, This Decimation, to the extent possible, shall be construed or
reformed so as to give validity to ail of its provisions, Any provision of (his Declaration found to
be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or
unenforceability without invalidating any other part hereof.
51
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ILL Jim r..L_.••• ... fa*
• OP
r
1111111 111111111 illy IflILILI 11111 lii Utlill
3571674 08112/2000 02:04? Weld County, CO
68 01 61 Fi 306.00 D QAO Steve Moreno Clerk & Recorder
20,2 Construction. In interpreting words in this Declaration, unless the context shall
otherwise provide or require, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
20.3 Headings. The headings are included only for purposes of convenient reference,
and they shall not affect the meaning or interpretation of this Declaration.
20 ,4 waiver. No failure on the part of the Association or the Executive Board to give
notice ofdefault or to exercise or to delay in exercising any right or remedy shall operate as a
waiver, except as specifically provided above in the event the Executive Board fails to respond to
certain requests. No waiver shall be effective unless it is in writing and signed by the President or
Vice President of the Executive Board on behalf of the Association.
20.5 Limitation of Liability. Neither the Association nor any officer or member of the
Executive Board shall be liable to any pally for arty action or for any failure to act with respect to
any matter arising by, through or under the Documents if the action or failure to act was made in
good faith, The Association shall indemnify all of the officers and Executive Board members
with respect to any act taken in their official capacity to the extent provided in this Declaration
and by law and in the Articles of Incorporation and Bylaws.
20,6 Conflicts Between Documents. In case of conflict between this Declaration and
the Articles of Incorporation or the Bylaws, this Declaration shall control. In case of conflict
between the Articles of Incorporation and the Bylaws, the Articles of Incorporation shall control,
Y WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
set its hand and seal this It day of August, 2008.
DECLARANT:
STATE OF COLORADO
COUNTY OF LAF.IMER
The licit
Christopher'
company,
WI
t=~ tint ,f44 Expires
The Home R
a Colorado
By:
ss,
LC
bility
er
to her Se boos - k, Manager
g
was acknowledged before me tt0 2th d , -- ofAugust, 2 08, by
er of The Home Ranch L a- Cc) rod Wnittediliability
icial seal.
Mon
Notary Public
My commission expires: 5:1901,9-0-07
58
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aim 4
a w...2% .— - --tea• _w..F_—.m.__• a.— MON.
L
I IIIJIi 1lfl1 i1lrr1 111I11 lJ1lll1l I111I lil llliift II111I
3571674 08112/2008 02.04? Weld County, CO
59 of 61 11 306.00 a 0,00 Steve ?donna Clerk & Recorder
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE HOME RANCH
LEGAL DESCRIPTION OF THE PROPERTY
LOT "A' RECORDED EXEMPTION PTION RE -4545
LOCATED IN THE SOUTHEAST 'A OF THE SOUTHWEST 'A AND A PORTION OF THE
NORTHEAST 'A OF THE SOUTHWEST 'A SECTION 32, TOWNSHIP NORTH, RANGE 67
WEST, 61H PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
- - • • • •••••••• • •
......f• r•.rs-•••w •••••••••.+r •-• £a-. r. our ••..a.mlm.. r'••••• —hi �• •
�•••�••. -..--•
1111J11 1!1!1 111111111 �illl fIlth! 11111111 11EN U III
3571674 08/12(2008 a2:oa15 Weld coun€y, co
60 of 61 tt 306.00 Q 0.00 Sieve Moreno Clerk & Recorder
C
EXHIBIT "B"
ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE HOME RANCH
EASEMENTS AND LICE i ES
Ditch Easement for the Lake Lee Lateral from the Larir er & Weld Cana.
Utility Easements,
County Road Rights of Way.
EXHIBIT 334
4
1, Any facts, rights, 'Interests, or claims that are not shown by the Public Record but that could be
ascertain ad by an inspection of.the Land or that may be ass erted by persons in possession of the
Land.
2 Easements, liens or encumbrances, or claims -thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, conflict in boundary lines, or'adverse
circurnsfance affecting the Title that would.be disclosed by an accurate and complete land survey
of the Land and not shown by the Public Records.
4 Any lien, or right la a lien, for services, es, labor or material heretofore or her'ea ftor furnished,
imposed by law and not shown by the Public Records,
5. Dofects, liens, encumnbrances, adverse cialrns or other ,natters, f any, created, first appearing In
the Public Records or attaching to the subsequent effective date hereof but prior to the date the
Proposed insured acquires of record for value the estate or interest or mortgage thereon covered
• by this Commitment,
6 (a) Taxes or asgessrneats that are not shown as existing liens by the records of any taxing
• authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result In taxes or assessments, or notices of such
proceedings, whether or not shown -by the records of such agency or by the Public Records,
7. (a) ffrtpatentcd mining claims; (bb reservations or exceptions .in patents or in Acts authorizing Mu
issuance thereof; (c) water rights, 'claims or title to water, whether or not the matters excepted
under (a), (b),, or (cc are shown by the Public Records.
8. The fight of the -proprietor of a vein or lode to extract or remove .his ore, should the same be found to
penetrate or intersect the promises therebygranted rated and rights of way for ditches and canals as reserved
la the United States Patentrecorded January 191 1892 in t3ook 61 at Fagei27, and September 30, 1892
In Book 34 at Page 360, and any and all assignments thereof or interests therein.
9, The effect of the Inclusion of the sub eet property in the North Weld County Water .District, as disclosed
by the instrument recorded August 20, 2002 at Reception 'No1 29O2282
10. An easement for electrical lire or system and incidental purposes.granted to Poudre Valley Rural -Electric
Association, Inc., by the instrument recorded March 22, 2005 at Reception No. 3270687 upon the terms
and conditions sot forth in the :instrum ont.
11. Terris, conditions, provisions, agreements and obligations specified under the Nth -thorn Colorado Water
Conservancy Distlriot Application recorded March 25, 2005 at Reception No. 32717a4.
12+ Terms, conditions, provisions, agreements and obligations specified under the Easement Deed and
Agreoment for Access recorded April 26, 2007 at Reception No, 8471406.
EXHIBIT 334
13. Terms, conditions& provisions, agreements and obligations specified under the Easement and Right of
Way Agreement recorded April 25, 2007 at Reception No. 3471406.
14. All easements and notes on the recorded plat of Recorded Exemption No. 0705-32-3 RE - 4545,
recorded May 7, 2007 at Reception No, 3474168,
15, All easements and notes on the recorded plat of Homestead •PZ-'I 12 9 recorded January 23, 2008 at
Reception No, 3530585.
¶6. Deed of Trust from Christopher Serbousek to the Public Trustee of eld :County, for the benefit of Bank
of America, NA., securing an original .p rinoipal Indebtedness of 1,000,000,00, and any other amounts
andfor obligations, 'dated November 14, 2007 and recorded December 3, 2007 at Reception No.
3520762.
f
17, Deed of Trust from Christopher Berbousek to the Public Trustee of WeldCounty, , .for.the benefit of
Horizon Banks, NA, securing an original principal indebtedness of $647,321,02, and any other amounts
and/or obligations, dated November 14, 2007 and recorded December 3, 2007 at Reception No.
3520763. •
IS. NOTE: Financing Staterrient from Homestead development, t IC,'Debtdr, to`Horizon Banks NA,
Secured Party, recorded August 8, 2005 at Reception No. 3310790.
•
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4
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EXHIBIT B-3
- moor" ..._ -
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO --
LEGAL DESCRIPTION - STORM DRAINAGE EASEMENT
THE HOME RANCH SUBDIVISION LOT 2 BLOCK 1
it
3
A PARCEL OF LAND BEING OVER A PORTION OF LOT 2 BLOCK 1, THE HOME RANCH SUBDIVISION,
RECORDED AT RECEPTION No. COUNTY OF WELD CLERK AND RECORDER'S
OFFICE, AND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION
32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 00`33'04"W
BETWEEN THE SOUTH QUARTER -CORNER OF SAID SECTION 32, BEING A #6REBAR MTH 3--1/4"
ALUMINUM CAP STAMPED LS 33642 AND THE CENTER —SOUTH --NORTH SIXTY—FOURTH NORTHWEST �#
CORNER SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST BEING A #B REBAR WITH A 3-1
QUARTER
ALUMINUM CAP STAMPED LS 33842,
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32;
THENCE N 0'33'04" W A DISTANCE OF 770.41 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2,
ALSO BEING THE POINT OF BEGINNING;
THENCE S 89'30'40" W ALONG THE SOUTHERLY LINE OF SAID LOT 2 A DISTANCE OF 5939 FEET;
THENCE DEPARTING THE SOUTHERLY LINE OF SAID LOT 2 N 0'29720" W A DISTANCE OF 20.00 FEET;
THENCE N 7'41158" E A DISTANCE OF 206.38 FEET,
THENCE N 89'26'56" E A DISTANCE OF 30.15 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 2;
THENCE S 01331041-* E ALONG THE EASTERLY LINE OF SAID LOT 2 A DISTANCE OF 224,31 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 10,380 SQUARE FEET (0.238 ACRES), MORE OR LESS.
I, DuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE, ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR qq1RULthrupiEECT liPERVISION AND CHECKING.
\ 0) RECii: 4
ifr F
-v;0 9329 `-n8
Du F AY `' *+PHIRIPS, PL. x-329
FOR ANISS, 'BEQi4ALF ,Vi OICK & COMPANY
47/%41:19i0): N
DATE:
10,380 SQ. FT.
(0.238 ix)
DRAWN; TUH
SIGNED:
SHEET: 1 OF 2
THE HOME RANCH HOA
STORM DRAINAGE EASEMEtfr
DATE: JANUARY 17, 2008
RROB. NO. 18 14898
{
•
•
•
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EXHIBIT lic 4
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
V.. �_ COUNTY OF WELD, STATE OF COLORADO gn
077 're ej
v
tiefv." 7 V /PP qe e
\ /se le/
\ ti
) /
tecti / /11
//
/ //
i II
I
••••••p•
7,
N8 '26156"E
30415 .
HOME RANCH
BLOCK 2
LOT.
NO129'2O"W
20.0O'
LEGEND
HOME RANCH 389130t 4O"W
BL O K 2 5939'
LOT 1
EASEMENT ACQUIRED
OTHER ESMT, LINES -
R.O.W./LOT LINES
.n x••1frG:: :SIaSk Irsa
r
4
„1u
SOUTH QUARTER CORNER
SECTION 32-17N-R67W
FOUND #6 REBAR 'MTH Alt
ALUMINUM CAP IN MONUMENT BOX
STAMPED LS 33642
10,380 SIL FT.
(0.238 GO
DRAWN:
SIGNED:
_SEEL. 2 OF 2
i
i
CENTER -SOUTH --NORTH
SIXTY-FOURTH NW 1/4 CORNER
SECI1ON 32--l7N--R67VI
FOUND REBAR WITH 3?'#"
ALUMINUM CAP 114 MONUMENT BOX
STAMPED LS 33642
EAST LINE
o4
Cl
Ui
xr
U
1 inch = 100 ft.
P,O,B.
N O• 3'O4'r Y'f 77
THE HOME RANCH HOA
SCALE: 1 "r=1001
l
EXHIBIT II -5
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNT( OF WELD, STATE OF COLORADO --
LEGAL DESCRIPTION - STORM DRAINAGE EASEMENT
THE HOME RANCH SUBDIVISION LOT II BLOCK
A PARCEL OF LAND BEING OVER A PORTION OF LOT 1 OF BLOCK 2, THE HOME RANCH SUBDIVISION, RECORDED AT
RECEPTION No. WITH THE WELD LD COUNTY CLERK AND RECORDERS OFFICE, AND SITUATED
IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TO I ISHIP 7 NORTH, RANGE 67 WEST,
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED ON THE SOUTHERLY LINE OF NE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, OF TI•-IE 6TH PRINCIPAL MERIDIAN AS
BEARING N 89'12156"E BETWEEN THE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUAR I _ ER OF SAID SECTION 32,
BEING A R VIIITH 3 1/4-" ALUMINUM CAP, LS 33642, AND THE SOUTH QUARTER CORNER OF SAID SECTION 32, 3 1/4"
ALUMINUM CAP STAMPED LS 33842,
COMMENCING AT THE WEST SIXTEENTH QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32:
THENCE N 39'OO'22n E A DISTANCE OF 312.34 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, ALSO BEING THE
POINT OF BEGINNING;
THENCE S 8912'56" W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 41.59 FEET;
THENCE DEPARTING THE SOUTH LINE OF SAID LOT 1 N 2611'25" E A DISTANCE OF 65.03 FEET;
THENCE N 34'08'28" E A DISTANCE OF 352.83 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1;
THENCE ALONG THE EAST AND SOUTHEASTERLY LINES OF SAID LOT 1 THE FOLLOWING TWO COURSES:
1. THENCE S O'00'O1" E A DISTANCE OF 104.67 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;
2. THENCE S 37'03'48" W A DISTANCE OF 308.90 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 18,482 SQUARE FEET (0.424 ACRES), MORE OR LESS
I, DuWAYNE M, PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR U R11M f4? ECT SUPERVISION AND CHECKING,
if"4G/F
" 04V?
-uVT 9329 cam,:€cam
_ f
D AVAY J T PHIL ..IPS, P.1! 2 D
FOR AN (%?, 8 AL #' ICK & COMPANY
%?'-
LS
DATE:
i
DRAWN: TDH
SIGNED:
SHEET: 1 OF 2
THE HOME RANCH HOA
STORM DRAINAGE EASEMENT
DATE: JANUARY 16, 2008
PROJ1 NO, 18014898
EXHIBIT -6
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
---- OUT`' OF WELD, STATE OF COLORADO
LOT 11 BLOCK 2
HOME RANCH
352.53'
I
1426'11125 E
L. , ,
389.12'56"W
41.59
-
Cfr
AD
7
ar
WEST SIXTEENTH CORNER
SW 1/4 SECTION 32--T,N- R67W
FOUND REBAR 3 j" ALUMINUM OAR IN MONUMENT BOX
STAMPED LS 33642
I
I
4/
/
A:)
ROB.
1
1
t
�w r
i
}
SOO'OO'Ol sir
104,67' TRACT�
HOME RANCH
Sct
Le
e-rc
—115
AN CZ. 6
(*)
•9Mit
I
83703'48"W
306.90'
LOT
RE-- - 4545
1
1
tr- iia'sn—�CJ"s�:=l- -.r-+ `Y S.l. .J+•
— }�
1 inch = 100 ft
_.INAZ
'
HOW RANCH
SOUThi UU E SW 1/4 SEC 32 A1897.21561t
WELD CO. ROAD #74 (I]ARMONYRD)
LEGEND
EASEMENT ACQUIRED
OTHER ESMT. LINES �.
R10,WI/LOT LINES
Sf�T cif C•Xttis�r[f &r?e pftI'
18,482 SQ 1 FL
(0.424 ac)
SOUTH QUARTER CORNER
SECTION 32-PPN--RG7W
FOUND #6 REBAR VTh 3"
ALUMINUM CAP IN }AQNUI'MENT B0X
STAMPED LS 33642
THE HOME RANCH HOA
DRAM: TDH
STORM DRAINAGE EASEMENT
!SIGNED:
'SHEET: 2 OF 2
DATE: JANUARY 17 2008
SCALE. 1"=100
I PROD, NO, 18014898
•
I
I
I
I
EXHIBIT B-7
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
----- COUNTY OF WELD, STATE E OF COLORADO - -
LEGAL. DESORPTION -- STORM DRAINAGE EASEMENT
THE HOME RANCH SUBDIVISION TRACT RAF,
A PARCEL OF LAND BEING OVER A PORTION OF TRACT "A", THE HOME RANCH SUBDIVISION, RECORDED AT RECEPTION No
WITH THE WELD COUNTY CLERK AND RECORDERS OFFICE, AND SITUATED IN THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, 6111 PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED ON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS
BEARING N 89'12'50"E BETWEEN TAE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 32,
BEING A R MTH 3 1/4 ALUMINUM OAP, LS 33642, AND THE SOUTH QUARTER CORNER OF SAID SECTION 32, 3 1/4"
ALUMINUM CAP STAMPED LS 33642.
COMMENCING AT THE WEST SIXTEENTH QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE N 38'02'36" E A DISTANCE OF 61915 FEET TO THE SOUTH 4ES IERLY CORNER OF SAID TRACT 'A", ALSO BEING THE POINT
OF BEGINNING;
THENCE N O'00.01' VI ALONG THE \ti'ESTERLY LINE OF SAID TRACT "A" A DISTANCE OF 244.96 FEET;
THENCE DEPARTING THE WESTERLY LINE OF SAID TACT "A" N 6128'30" E A DISTANCE OF 236.91 FEET;
THENCE N 39'42'39" E A DISTANCE OF 151.22 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF KYLE COURT;
THENCE S 72'55'03" E ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.07 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY UNE S 09'59116' W A DISTANCE OF 124.37 FEET;
THENCE S 82'43'18' E A DISTANCE OF 159.34 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF HANNAH LANE; ti
THENCE ALONG SAID RIGHT -OF --WAY LINE FOLLOWING THE ARC OF A NON -TANGENT CURVE TO THE LEFT V Th A CENTRAL ANGLE
OF 01'20'4Or, A RADIUS OF 430.00 FEET, A CHORD BEARING S O'23'20" E A DISTANCE OF 10.09 FEET AND AN ARC LENGTH OF
10.09 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY UNE NON -TANGENT TO THE PREVIOUSLY DESCRIBED CURVE S 68'27149" W A DISTANCE OF
287.23 FEET,
THENCE S 27'43'52" VI A DISTANCE OF 226.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT 'A";
THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT "A" N 83'51'46" W A DISTANCE OF 80,59 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 73,398 SQUARE FEET (1.685 ACRES), MORE OR LESS.
I, OuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY NAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR U i Rt I r j /EOT SUPERVISION AND CHECKING.
la 6Thi?‘
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DUWAYNIC 'IPHlLLIPS, PAL;. g329
FOR AN• # 8 tA.I,.F 0P` ICK & COMPANY
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DA l _ E:
73,398 SC), FT,
(1E655 ac)
THE HOME RANCH HOA
DRAWN:
SIGNED:
STORM DRAINAGE EASEMENT
SHEET: 1 OF 2
DATE_• JANUARY 17, 2008
PROJ, NO. 18014-898
EXHIBIT B.08
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF" COLORADO
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WEST SIXTEENTH CORNER
SW 1/4 SECTION 32--T7N - R67WW
FOUND 16 REBAR WITH #n
ALUMINUM WITH CAP IN MONUMENT BOX
STAMPED LS 33642
LEGEND
17-4/A EASEMENT ACQUIRED
OTHER E MTI LINES
H.O.W. LYT LINES rz:i,:1.4”."*"-rL"-- i4s►
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DRAWN: TDH
SIGNED:
SHEET. 2 OF 2
vivmsra
SOUTH QUARTER CORNER
SECTION 32-T7N - R67W
FOUND #6 REBAR WITH AN
ALUMINUM CAP IN MONUMENT BOX
STAMPED LS 33642
THE HOME RANCH HOA
STORM DRAINAGE EASEMENT
DATE: JANUARY 17, 2008
PROD, 80. 18014898
._ ,
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DATE:
EXHIBIT 8-9
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
-- - .� COUNTY OF WELD, STATE OF COLORADO ---
LEGAL
DESCRIPTION - STORM DRAINAGE EASEMENT
THE HOME RANCH SUBDIVISION TRACT "B"
A PARCEL OF LAND BEING OVER A PORT1ON OF TRACT "B", THE HOME RANCH SUBDIVISION, RECORDED AT RECEPTION
No. ___� __ WITH THE WELD COUNTY CLERK AND RECORDERS OFFICE, AND SITUATED IN THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED ON THE SOUTHERLY UNE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS
BEARING N 89'12'56"E BETWEEN THE WEST SIXTEENTH CORNER OF THE SOU -II -MST QUARTER OF SAID SECTION 32,
BEING A R WITH 3 1/4" ALUMINUM CAP, LS 33642, AND THE SOUTH QUARTER CORNER OF SAID SECTION 32, 3 1/4"
ALUMINUM CAP STAMPED LS 33642.
COMMENCING AT THE WEST SIXTEENTH QUARTER OF THE SOUTHMST QUARTER OF SAID SECTION 32;
THENCE N O2'5B146" E A DISTANCE OF 271,45 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT B;
THENCE N 8912'56"E ALONG THE NORTHERLY LINE OF SAID TRACT MDfl A DISTANCE OF 60.00 FEET;
THENCE DEPARTING THE NORTHERLY LINE OF SAID TRACT $B" S O0'47'O4? E A DISTANCE OF 90.00 FEET TO A POINT
ON THE NORTHERLY RIGHT--OF--WAY LINE OF COUNTY ROAD No. 74 (HARMONY ROAD);
THENCE S 89'12'56'1 W ALONG SAID RIGHT-OF—WAY LINE A DISTANCE OF 60.00 FEET;
THENCE DEPARTING SAID RIGHT—OF—WAY LINE N OO'47'04" W A DISTANCE OF 90.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 5,400 SQUARE FEET (0.124 ACRES), MORE OR LESS.
I, DuWAYNE M. PHI LUP S, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR U.NIRIlicittriiplfgeT SUPERVISION AND CHECKING,
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et/rt.:G-2;a
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Du ', PHILLIPS, P. *-32.0
FOR AN BEHALF .ugR1 CK & COMPANY
NO/tIill4
5,400 SQ. Fr.
(0,124 lac)
DRAWN: TOR
SIGNED:
SHEET, 1 OF 2
THE HOME RANCH HOA
STORM DRAINAGE EASEMENT
DATE: JANUARY 17, 2008
PROJ. NO. 180%4898
I
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SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 32,
TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
LOT 11 BLOCK 2
HOME RANCH
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S89`12956DW SOUTH NE SW I/4 SEC 32
WELD CO, ROJO #74 (HARMONY RD.)
WEST SIXTEENTH CORNER
SW 1/4 SECTION 32-T7N-R67W
FOUND REBAR
ALUMINUM CAP IN MONUMENT BOX
STAMPED LS 33642
LEGEND
EASEMENT ACQUIRED
OTHER ESM7. LINES -- --- -
R,OSWI/LOT LINES
rtatz-rfir1/4 r, trl I1 i:.%r-tt•FLr
irk elres—
SHEET: 2 OF 2
N8972156"
200
SOUTH QUARTER CORNIER
SECTION 32-17N--R6"7W
FOUND REBAR WITH Z
ALUMINUM CAP IN MONUMENT BOX
STAMPED LS 33542
THE HOME RANCH NOA
STORM D l NAGE EASEMENT
JANUARY
SCALE: V "=1 OO'
ROJ1 NO. 18014098
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3571674 08/1212008 02,4AP Weld County, CO
81 of 61 396e00 0100 Steve Moreno Clerk & Recorder
EXHIBIT "C"
ATTACHED TO AND MADE A PART OF DECLARATION OF COVENANTS,
CONDITION, RESTRICTIONS AND EASEMENTS FOR THE HOME RANCH
DEVELOPMENT EXPANSION PROPERTY
LOT "B" RECORDED EXEMPTION -4545
LOCATED IN THE SOUTHEAST 'A OF THE SOUTHWEST Vi AND A
PORTION OF THE NORTHEAST ' OF THE SOUTHWEST 'A SECTION 32,
TOWNSHIP NORTH, RANGE 67 WEST, 6.114 PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
POI Gmail
Eric G <egertge@gmail.com>
result of Design Review for Gertge Shop
1 message
Lindsay Moll <Irpmoll@yahoo.com> Mon, Feb 27, 2023 at 5:43 PM
To: "haupt93@yahoo.com" <haupt93@yahoo.com>, "crhaupt44@gmail.com" <crhaupt44@gmail.com>, "b_nolan@msn.com"
<b_nolan@msn.com>, "bnolan@oitkeypad.com" <bnolan@oitkeypad.com>, "egertge@gmail.com" <egertge@gmail.com>,
Jennissa Voorhees <jennissaa@gmail.com>, Nate Frary <natefrary1 @gmail.com>, Frary <krisannalane@gmail.com>, Molly
Halligan <mollyhalligan@gmail.com>, Carol Measel <crmeasel@gmail.com>, Matthew Measel
<measelmatthew@gmail.com>, "cwpwater@yahoo.com" <cwpwater@yahoo.com>, Penny Pettee <penlvsnow@gmail.com>,
"stuart.moll@yahoo.com" <stuart.moll@yahoo.com>, Lindsay Moll <Irpmoll@yahoo.com>, Jeremy Klausner
<Jeremy@securityinsurancegroup.net>, Jeremy Durgan<jeremy@creatinggreengrowth.com>, Emily Durgan
<eadurgan@gmail.com>
Seven households have approved the plans, the Review is passed.
Thank you all for your participation.
Lindsay Moll
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1129 - THE HOME RANCH, LLC
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 May 14, 2008, the Weld County Board of Commissioners approved
Planned Unit Development Final Plan, PF#1129, for The Home Ranch, LLC, do Christopher
Serbousek, 7471 County Road 74, Windsor, Colorado 80550, for eight (8) residential lots with
E (Estate) Zone uses, along with 7.071 acres of open space, for a parcel of land located on the
following described real estate, to -wit:
Lots A and B of Recorded Exemption #4545; being
part of the E1/2 SW1/4 /4 of Section 32, Township 7
North, Range 67 West of 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and The Home Ranch, LLC, with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit #07-0020 from
Mile High Banks, 2950 North Garfield Avenue, Loveland, Colorado 80538, in the amount of
$332,651.52, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and The Home Ranch, LLC, be, and
hereby is, approved.
2008-1986
PL1920
)dot.Z
IMPROVEMENTS AGREEMENT - THE HOME RANCH, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit 07-0020 from Mile High
Banks, 2950 North Garfield Avenue, Loveland, Colorado 80538, in the amount of $332,651.52, be
and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of July, A.D., 2008.
ATTEST:
Weld County Clerk to the B
BY:
Deputy Clerk t* the Board
APPRI 'ED A
.r
ounty L ttorney
Date of signature: 2/0±7
WilMah F. Garcia
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
A -A
m H. Jerke, Chair
C\I \\Qt'
Robed D. Ma n, Pro -Tern
David E. Long
Dougla.. Rademac er
2008-1986
PL1920
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this Z day of
between the County of Weld, State of Colorado, actin through its Board of
hereinafter called "County," and rarT4 tiareinaft
WITNESSETH:
20D8 by and
ounty Commissioners,
r called "Applicant."
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
as
WHEREAS, a final S bdivision/Planned Unit Development (PUD) Plat of said property, to be known
'FRE tiovvre
(j(,, has been submitted to the County for approval; and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
1111111 11111 111111 iii 111111 iiiii mni iii uui iui ini
3572176 08/14/2008 01:56P Weld County, Co
1 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
M PORARY INTERNET FI LES\Olli i 4S\APU BL IC.DOC
2008-1986
reproducible "as -built" drawings and a final statement of construction cost to the
County.
2.0 Rights -of -way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights -of -
way and easements on all lands and facilities traversed by the proposed improvements. All
such rights -of -way and easements used for the construction of roads to be accepted by the
County shall be conveyed to the County and the documents of conveyance shall be furnished
to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference, according to the construction schedule set out in Exhibit "B"
also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards, those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
IIHIIIIIIIIIIIII1 iiii 111111 11111 111111 iii uiu liii liii
3572176 08/14/2008 01:56P Weld County, CO
2 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/0912004
VIEMPORARY INTERNET FILEMOLK148\APUBLIC.DOE
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable expenses and attorney
fees incurred byCounty in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional
torts or the gross negligence of theCounty or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage, and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may
be reimbursed for off -site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access to
the Subdivision or Planned Unit Development are not adequate in structural capacity, width,
or functional classification to support the traffic requirements of the uses of the Subdivision or
Planned Unit Development.
,1 The subdivider, applicant, or owner shall enter into an off -site improvements
agreement prior to recording the final plat when the subdivider, applicant, or owner
expects to receive reimbursement for part of the cost of the off -site improvements.
5.2 The off -site improvements agreement shall contain the following:
—
aim
re
The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off -site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off -site improvements.
The total vehicular trips to be generated at build -out by the Subdivision,
Resubdivision, or Planned Unit Development, as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of County
Commissioners.
A time period for completion of the off -site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off -site improvements agreement shall be made in conformance with the
Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement, the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or
owner, for a. portion of the original construction cost. In no event shall the original
subdivider, applicant, or owner collect an amount which exceeds the total cost of
1111111 IIIlI 111111 IlIIlli1ll 11111 111111 ill 1lill 1lil 111I
3572176 08/14/2008 01:56P Weld county, co
3 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
TEMPORARY INTERNET FILES\OLKI4& PUBLIC.DOC
improvements less the pro rata share of the total trip impacts generated by the
original development. Evidence that the original subdivider, applicant, or owner has
been reimbursed by the subsequent subdivider, applicant or owner shall be submitted
to the Depa ti ent of Planning Services prior to recording the Subdivision,
Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant, or owner of .a Subdivision, Resubdivision, or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type. of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash contribution to the prior subdivider,
applicant or owner, or by further road improvements which benefit the prior
' This decision shall be at the sole
subdivider, applicant, or owner's property.
discretion of the Board of County Commissioners based upon the need for further
off -site road improvements.
5.6 The report entitled TRIP GENERATION Third Edition 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all Subdivisions,
Resubdivisions, or Planned Unit Developments. A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual. Any question
about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The tern for which the subdivider, applicant, or owner is entitled to reimbursement
under the off -site improvements agreement, entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider, applicant, or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Ace - s tance of Streets for Maintenance b the Count : Upon compliance with the following
procedures by the Applicant, streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
P
repaired by the County.
+ 1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit "B," but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B," and may continue to issue building permits so long as the progress of
I iu1ii 11111 iiiiii iiii liii!! iiiii
3572175 08/14/2008 01:56P Weld County, CO
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Revised 0310912004
TEMPORARY INTERNET FILES OLIKi481AP'UBLIC.DOC
work on the Subdivision or Planned Unit Development improvements in that phase
of the development are satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall, upon request by the applicant, inspect the subject streets, and
notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to
County standards, he shall recommend acceptance of the streets for full maintenance.
Upon a receipt of a positive unqualified recommendation from the County Engineer
for acceptance of streets within the development, the Board of County
Commissioners shall accept said streets as public facilities and County property, and
shall be responsible for the full maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One -
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to final
approval by the Board of County Commissioners and the execution of this
greement. Acceptable collateral shall be submitted and the plat recorded within six
(6) months of the Final Plat approval. If acceptable collateral has not been submitted
within six (6) months then the Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations. The
improvements shall be completed within one ('1,) year rter the Final Flat approval
(not one year after acceptable collateral is submitted) unless the apt iicant h
requests that this Agreement he renewed at least thirty x`.30.} days prior to its
ex iration and urther
rovides that cost estimates or the rernainin
imrovements
are u i dated and collateral is s rovided in the amount o One -Hundred ercen t
(100%) of the value _cmthe imp rovements rexnainin to be coma leted. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan, The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
1111111 11111 111111 iiii 111111 iiiii nail III 11111 iiii liii
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5 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
P\TEM PORARY INTERNET FI LEMOLIi148\A,P 1) BL IC.DOC
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs
of the improvements described in Exhibit "A" will be adjusted higher or lower for the
year and quarter in which the contemplated work is being performed based on "The
State Highway Bid Price Index"contained in the "Quarterly Cost Report" of The
Engineering News -Record as published by The McGraw-Hill Companies, The
applicant has provided cost estimates for all phases of the development which will be
adjusted in accordance with The State Highway Bid Price Index at the time of
posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to one -Hundred
percent (100%) of the total value of the improvements as set forth. in Section
6.0 and Exhibits "A" and "B4"
8.1.2
The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8,1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One -Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5
8.1.6
The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of Credit
1111111 llll! 111111 1111 111111 11111 111111111 11111 IIII llll
3572176 08/14/2008 01:56P Weld County, CO
6 of 16 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
EMPORARY INTERNET FILES\01K148\.APUBLIC4DOC
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1
In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M4A.L) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One -Hundred percent (100%) of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers ( . A.I. )
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One -Hundred percent (100%) of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8/.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
83.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
83.3 The escrow agent will be a Federal or state -licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One -Hundred percent (100%) of the value of
the improvements as specified in the Improvements Agreement.
11111111111IliLli 1111 NN 11111 11111111111(111111111
3572176 08/1412008 01:56P Weld County, CO
7 of 16 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
Revised 0310912004
vi nTEM PORARY INTERNET Fl LES\OLKI 4* APU BLI C.DOC
8.5 A cash deposit made with the County equivalent to One -Hundred percent (100%) of
the value of the improvements.
9.0 Request for release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County, the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in the State of Colorado that the project or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
941. The Engineer or his representative has made regular on -site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as -built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s) may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in
the amount of fifteen percent (15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by the
Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
111111111111111111 1111 MN Mil BB 11� 11f11
3572176 08/14/2008 01:56p Weld Coonbil CO
8 of 16 R 0.00 17 0.00 Steve Moreno Clerk & Recorder
Revised 03109/2004
MPVTEMPORARY INTERNET FILES\OLKI481APUBLIC.DOC
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld
County Code, shall be dedicated to the County or the appropriate school district, for
one of the above purposes. Any area so dedicated shall be maintained by the County
or school district.
10.2 The required acreage, as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
103 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of the Applicant, and upon recording by the County,
shall be deemed a covenant running with the land herein described, and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
Subscribed and sworn to before me this
My Commission expires:
APPLICANT:
APPLICANT:
TITLE:
day of Mt' -'1
1 111111 11111111111 IIII 111111 11111111111 III 11111 1111 IIII
3572176 08/14/2008 01:56P Weld County, CO
9 of 16 R .CO D 0.00 Steve Moreno Clerk & Recorder
, 20 .
Notary Public
entoniernannownwirav
LEON SEA
NOTARY PUBLIC $
fir STATE OF COLORADO $
ionennwartireticentanirorde
Revised 0310912004
EM PORARY INTERNET FI LES\OLKI 48\APUBL PC.DOC
LAC
erk to the Board
Deputy Clerk t s e Board
r r.
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4-1,'? sev. 1,,,
William H. Jerke
1111111 uiu iiiiii mi olio iiiii uini iii uiiii iii liii
3572176 08/14/2008 01:56P Weld County, CO
10 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
, Chair
JUL 1 6 2008
Revised 03/09/2004
C t\WINNTWEM KTEM PORARY INTERNET FILES\OLK148\AFU BLIC.DOC
£'af- i9t6
EXHIBIT "A"
Filing:
Development:
ovvtE: ctiodeit
Location:
7971 ick
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements
Quantity
Units
Unit
Estimated
Site grading ,+`
Costs Construction Cost
Street
grading
Street
base
Street paving
Curbs, gutters,
and culverts
Sidewalk
Storm
sewer facilities
Retention ponds
Ditch
Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced
lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water
supply
and storage
Water
Mains (includes bore
_
Fire hydrants
.
Survey and street monuments and boxes
Street
lighting
Street
Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined
swale
Telephone
Gas
Electric
Water transfer
--SUB-TOTAL: - -
Engineering and Supervision Costs $
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
1111111 11111 iiiiu liii 111111 liii! 111111 iii 111111
3572176 08/14/2008 01:56P Weld County, CO
11 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
ARY INTERNET FILES\OLKt4BiAP'UBLI+C'.DOC
Applicant
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B."
v1/41/4Ach ttc.:
Date:
5 / Z
$2
20 Oc6.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
mini tim6
mu umim1111S niiim1lI 111111 Ilti 1111
387217 08/1412008 41:56P Weld County, CO
12 of 16 A 0.00 D O.OQ Steve Moreno Clerk & Recorder
12 Revised 03/09/2004
CAWINNT\TEMP\TEMPORARY INTERNET FILE \OLICI48 APUBLIC.DOC
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development:
Filing:
MEl) �f
Location:
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements
Site grading
Time for Completion
Street grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUBS -TOTAL:
I 111Ill 11111 111111 ltll 1111111111 i111111111111II 11I li1l
3572176 08/14/2008 01:56P Weld County, CO
13 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Revised 03/09/2004
EMPORARY INTERNET FILES\OLK148VAPUSLIC.DOC
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the applicant that the above
schedule cannot be met.
By:
App want
Title
2
ot_t_:.A-N. CvZ
Date:
2
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 111111 1111 111111 11111 111111 1111111111111111
357276 08/14/2008 01:56p Weld County, C
14�of 16R 0.00 0 0.00 Steve Moreno Clerk & Recorder
14 Revised 03/09/2004
CAWINNT\TEMP\TEMPORARY INTERNET FILES\OLI 14S\APUBLIC.DOC
The Home Ranch
Work To Be Completed As Of 07/11/08
[ThV11ON ITEM
NUMBER NUMBER
02
02
64
DESCRIPTION
OF ITEM
02-117 15" CMP Strin Drain (a Sterks
Driveway
02-1 18 15" CMP FES (a) Sterks Driveway
64-200 ITraffic Control
22 I 22-115
22-220
22
23
23
23
23
35
47
35
64
64
64
23-101
23-105
23-300
23-150
35-106
47-102
47-102
47-300
47-401
47-402
23 1 23-200
47
35
47-102
47-102
29 I 29-102
29 29-104
03
35
47
35
64
03-600
35-106
47.102
47-102
47-400
Asphalt Removal Milling
Remove Pipe
Strip Topsoil
Unclassified Excavation
Subgrade Preparation
Finish Grading
Aggregate Base Course Shouldering
Asphalt Paving 8" JIMA
Asphalt Paving 6" Agg Base
Pavement Marking Allowance
Side Street (W2-2)
Left Lane Must Turn Left (R3-7)
Subgrade Preparation
Asphalt Paving 3" HMA
Asphalt Paving 4" Recycle Base
Straw Bale Dike
Culvert Protection
Adjust Valve Box
Aggregate Base Course Shouldering
Asphalt Paving 4" HMA
Asphalt Paving 6" Recycle Base
Stop Signs (R1-1) (30" x 30")
BID
QTY
I_UNET1 I BI D
UNIT B I D _ TOTAL
40.00 LF
2.00 EA f
1.00
255.00
55.00
600.00
1,291.00
2,613.00
600.00
326.00
2,613.00
2,613.00
1.00
2.00
2.00
1,200.00
1,200.00
1,200.00
19.00
5.00
6.00
920.00
9,267.00
9,267.00
2.00
LS
SY
LF
CY
CY
SY
CY
TON
SY
SY
LS
EA
EA
SY
SY
SY
EA
EA
P.A.
TON
SY
S Y
EAi
48.00
75.50
2,000.00
13.50
9.75
1.50
2.85
1.30
1.75
1430
!� f
2 f . V V
6.50
5,700.00
240.00
240.00
090
14.00
3.00
140.00
250.00
210.00
13.00
12.50
4.50
330.00
1,920.00
151.00
2,071.00
2,000.00
2,000.00
3,442.50
536.25
3,978475
900.00
3,679.35
3,396.90
1,050.00
9,026.25
4,661.80
70,551.00
16,9 84.50
5,700.00
480.00
480.00
98,8 57.30
1,080.00
1,080.00
16,800.00
3,600.00
20,400.00
2,660.00
1,250.00
3,910.00
1,260.00
1,260.00
11,960.00
115,837.50
41,701.50
660.00
170,159.00
Total of All Work To Be Comp 312,742.30
1111111111111111111111 IlLIlI 1111 111111111111
3572176 08/14/2008 01:56P Weld County, CO
15 of 16 R 0.00 D O.flO Steve Moreno Clerk & Recorder
The Home Ranch
CRI Job # 2081004
Interior Streets
CR 74 Replace Strippings
paving
Replace Strippin • S
O) 01
N3Cra
C
r
C
a
co
CD
Ira
O
it
C
0
CD
O
0
0 =
200_
CD
C
MT W TH F SS MT W TH F SS MT WTHFSS
Duration 7/14 7/15 7/16 7/17 7/18 7/19 .7/20 7/21 7/22 7/23 7/24 7/25 7/26 7/27 7/28 7129 7/30 7/31 811 812 8/3
COLORADO
MEMORANDUM
TO: Board of County Comr issioners 7/1412008
FROM: Chris Gathman - Planner II C2 ,
SUBJECT: Acceptance of collateral for PF-1129 (Home Ranch PUD)
On July 11, 2008 the Department of Planning Services received collateral in the form of a
Irrevocable Letter of Credit (07-0020) in the amount of ($332,651.52) for PF-1129 (Home Ranch
PUD).
The improvements agreement and collateral has been reviewed by the Department of Public
Works and it has been determined that the amount of collateral is sufficient to cover the
proposed on -site and offsite road and drainage improvements. Road and drainage
improvements amount to $312,742.30. The Department of Public Works recommends
acceptance of this collateral.
Landscaping was not called out in the work to be completed list submitted 711112008. There is
additional collateral in the amount of $19,909.22 remaining on the letter of credit. The
Department of Planning Services is acceptable with this amount being designated for
landscaping provided the applicant (Chris Serbousek) authorizes this. The Department of
Planning Services has left a message with Mr. Serbousek outlining this request and
recommends acceptance of this collateral provided Mr. Serbousek gives his authorization to
include the amount of $19,909.22 towards landscaping improvements.
SERVICE. TEAMWORK. INTEGRITY. QL-ALI I Y
Donna Bechier
From:
Sent:
To:
Subject:
Attachments:
SharpSca n@con hell
resou rtes. cram...
Chris Gathman
Monday, July 14, 2008 1:04 PM
Donna Bechler
FW: Scanned image from MX-M550N
Sharps ca n@Jcon neI lresou rtes . ccm_20080714 11 0434 . pdf
Donna,
Here is the updated construction schedule for the Serbousek (PF-1129) collateral.
Chris
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 8€631
ph (970) 353-6100 ext. 3 540 fax (970) 304--6498
Original Message -----
From: Jennifer Acton [mai 1 to : j actonconnellresources . com]
Sent: Monday/ July 14, 2008 12:05 PM
To: Chris Gathman
Subject: FW: Scanned image from MX-M550N
5 ON
Chris,
Here is my latest schedule assuming we start work on CR 74 this Thursday.
This schedule only represents the scope work under my contract. I am not
aware of the other activities* Thank you.
Thanks,
Jennifer Acton
Project Manager/Estimator
Connell Resources, Inc
7785 Highland Meadows Pkwy. #100
Fort Collins, CO 80528
(970) 530-4697 Direct
(970) 223-3151 Main
(970) 223-3191 Fax
Original Message
From: SharpScan@connellresources.com [mailto : Sharp can@connellresources .com]
Sent: Monday, July 14, 2008 5:05 AM
To: mpearson@connellresources.com; jacton@connellresources.com
Subject: Scanned image from N -M550N
DEVICE NAME: Not Set
DEVICE MODEL: MX-M550N
OH
LOCATION: Not Set
FILE FORMAT: PDF MH (G3 )
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
Use Acrobat (R) Reader4 .0 or later version, or Adobe(R)Reader(TM) of Adobe
Systems Incorporated to view the document.
\ULF, HIGH LI‘NKS
IRREVOCABLE LETTER OF CREDIT NO.07-002.0
Date: July 11, 2008
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: The Home Ranch, LLC
We hereby open our Irrevocable Letter of Credit in your favor for the accountof The Home Ranch, LLC, 7471
Weld County Road 74, Windsor, CO 80550, for a sum not to exceed the aggregate of $332,651.52 (Three
Hundred Thirty-two Thousand six hundred fifty-one dollars and fifty-two cents).
Each draft so drawn must be marked "Drawn underMILE HIGH BANKS, 2950 North Garfield Avenue,
Loveland, CO 80538, Letter of Credit No. 07-0020" and be accompanied by a signed statement from the Board of
County Commissioners of Weld County, Colorado stating that "The Home Ranch, LLC has committed a material
breach of the Improvements Agreement According to Policy RegardingCollateral for Improvements regarding
Public Road Maintenance and Private Road Maintenance dated the 28th day of May, 2008, by and between The
Home Ranch, LLC and the Board of County Commissioners of the County of Weld."
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary &-edits, 1993
Revision, The International Chamber of Commerce Publication No. 500."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office, MILE HIGH BANKS, (Address), This letter of credit will
expire on July 11, 2009 at 5:00 P.M,
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60days prior to such current expiration date MILE HIGH BANKS
notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presentation of the following: (a) a draft at sight onMILE HIGH BANKS; (b) a statement
purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we
have received notice from MILE HIGH BANKS the Letter of Credit No. 07-0020 will not be renewed and that The
Home Ranch, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.
07-0020; (c) cop of letter from MILE HIGH BANKS stating non -renewal of Letter of Credit No. 07-0020 and the
original letter; , credit.
Yours trrul
rr J;r•
Tim erkle
Branch President
Mile High Banks - Loveland Branch
M: \ W PFI LE S\FORM\LTRCRED IT. DB
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BENEFICIARY ACCEPTANCE OF LETTER OF CREDIT
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References in the
boxes above are for
Any item
Lender's use only and do
above containing " * * * "
not
has
limit
been
the applicability
omitted due
to
of
text length
this
document to any particular loan
limitations.
or item.
Borrower: The Home Ranch, LLC, a Colorado limited liability
company
7471 Weld County Road 74
Windsor, CO 80550
Lender:
MILE HIGH BANKS
LOVELAND BRANCH
2950 N. GARFIELD AVE.
LOVELAND, CO 80538
(970) 559-6424
ACKNOWLEDGMENT OF ACCEPTANCE
Beneficiary, being a party to this Letter of Credit issued by Lender, hereby acknowledges acceptance of the Letter of Credit and further agrees
that any alteration or amendment of the Letter of Credit will not be effective unless and until approved in writing by Lender, Borrower, and
Beneficiary.
BENEFICIARY:
X
Authorized Signer for Beneficiary
LASER PRO Lendrng, vet. 5.40.00.003 Copr. Harland Financial Satut.a+u, Inc- 1$9), 2008. All Rights Reserved. - CO C:ILOCALICFRLPLIG6O. FC TR. 541 PR• 45
049 RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1129 - THE HOME RANCH, LLC
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, by Resolution dated May 14, 2008, the Board approved the application of The
Home Ranch, LLC, clo Christopher Serbousek, 7471 County Road 74, Windsor, Colorado 80550,
for eight (8) residential lots with E (Estate) Zone uses, along with 7.071 acres of open space, for
a parcel of land located on the following described real estate, to wit:
Lots A and B of Recorded Exemption #4545; being
part of the E1/2 /2 SW1 f4 of Section 32, Township 7
North, Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 16, 2008, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance), between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and The Home Ranch, LLC, cio
Christopher Serbousek, with terms and conditions being as stated in said agreement, and accepted
Irrevocable Letter of Credit #07-0020, drawn on Mile High Banks, 2950 North Garfield Avenue,
Loveland, Colorado 80538, in the amount of $332,651.52, and
WHEREAS, on September 15, 2006, the Board released the original Irrevocable Letter of
Credit No. 07-0020, in the amount of $332,651.52, and accepted replacement Irrevocable Letter
of Credit No. 07-0020A, drawn on Mile High Banks, in the amount of $69,807.15, and
WHEREAS, staff from the Weld County Departments of Planning Services and Public
Works have conducted a visual inspection and recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Irrevocable Letter of Credit ##07-0020k drawn on Mile High Banks, in
the amount of $69,807.15 be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
1111111111111111111111111111111111111111111111111111111
3645049 Q8126120(19 02:21P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-2094
PL1920
CANCEL COLLATERAL - THE HOME RANCH, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of August, A.D., 2009.
ATTEST:
Weld County Clerk to the Board
BY.
Dep
ii?PiDP-6VE
7
/It _
Clerk
ounty Attorney
al/
the Board
Date of signature: f �� (CCI
rd
1111111
1UII flU 11111 II(II 1lil 1II 11111 IIlI IIII
3645049 08126/2009 02:21P Weld County, CO
2 of 2 0.00 D 0.00 Steve Morena Clerk & Recorder
ARD OF COUNTY COMMISSIONERS
Y, COLORADO
F. Garcia, Chair
g la Rade - cher, Pro -Tern
Sear- P. Conway
ra Ki rkrn eyeEti,
David E. Long
o/1 I2
2009-2094
PL1920 1920
COLORADO
MEMORANDUM
TO: Board of County Commissioners 8/10/2009
FROM: Chris Gathman - Planner III
SUBJECT: Partial Release of Collateral for PF-1129 (Home Ranch PUD)
On July 16, 2008 the Board of County Commissioners accepted collateral in the form of a
Irrevocable Letter of Credit (07-0020) in the amount of ($332,651.52) for PF-1129 (Home Ranch
PUD).
On September 15, 2008, the Board of County Commissioners accepted partial release of this
collateral in the amount of ($262,844.37). The applicant submitted a replacement letter of credit
(07-0020A) in the amount of ($69,807.15) to cover remaining road and drainage improvements
along with landscaping.
The Department of Public Works and Planning Services have verified that remaining
improvements have been completed and recommends that remaining collateral in the amount of
$69,807.15 be released_
SERVICE, TEAMWORK, INTEGRITY, QUALITY
2009-2094
Chris Gathman
From:
Sent:
To:
CHRIS KRISTIN SERBOUSEK [serbousekhomes@msn.corl
Tuesday, July 21, 2009 4:18 PM
Chris Gathman
Chris/
I am requesting the release of collateral for The Home Ranch LLC. The reference number is
PF1129, the Letter of Credit number is 07-0020,E in the amount of $69,807.15. I am
requesting the release be considered as soon as possible as all of the work has been
completed to county standards and remains in excellent condition. I need to refinance the
project by August 28th 2009. The one year anniversary is on September 15th 2009. We have
an 18 day overlap. I hope that everyone understands the current state of financing and I
would greatly appreciate any cooperation that I could receive from the county in trying to
make these two dates match up. Please feel free to call me with any questions or if I can
help this process along in any way.
Thank you,
Chris Serbousek
Owner / Managing Member
The Home Ranch LLC
7471 WCR 74
Windsor, Co 80550
303-419-66781
1
Chris Gathman
From:
Sent:
To:
Cc:
Subject:
Attachments:
. Ne.*
RE: The Home
Ranch-PF-1129
Chris,
Don Dunker
Thursday, August 06, 2009 4:21 PM
Chris Gathman
Don Dunker; David Bauer; Richard Hastings; Nick Marquez
FW: The Home Ranch-PF-1129
RE The Home Ranch-PF-1129
Public Works will recommend to the Board of County Commissioners to have the final 1-yr
warranty collateral released in the amount of $69,807.15 for The Home Ranch PF-1129. See
the attached email from Nick indicating the Subdivision was inspected and is in
satisfactory condition.
(the) Home Ranch, LLC, c/o Christopher Serbousek
(PL1920 #2008-1986) Imps Agrmt (Public Road)
PF #1129 - Irrevocable Letter of Credit #07-0020
from Mile High Banks. $332,631.52
Expires 07/11/09 w/ Auto Renewal unless 60 days notice
Received Replacement Letter of Credit 09/15/08
(2008-2496) Expires 07/11/09 w/Auto Renewal $69,807.15
Thanks,
Don Dunker, P.E.
Weld County Public Works
1
Chris Gathman
From:
Sent:
To:
Subject:
Nick Marquez
Tuesday, July 28, 2009 6:04 AM
Don Dunker
RE: The Home Ranch-PF-1129
Don,
I inspected the site on Friday and everything appears to be in satisfactory condition.
N ick
Original Message
From: Don Dunker
Sent: Friday, July 24, 2009 2:03 PM
To: Chris Gathman
Cc: Nick Marquez; Donald Carroll; David Bauer; Don Dunker
Subject: RE: The Home Ranch-PF-1129
Chris,
Public Works is okay with the release of this I-yr warranty collateral a bit early,
provided the site inspection indicates no issues.
Thanks,
Don Dunker, P.E.
Weld County Public Works
------Original Message
From: Chris Gathman
S ent: Tuesday, July 21, 2009 4:37 PM
To: Don Dunker
Cc: Richard Hastings
S ubject: FW:
Don,
I am running this by you because you were involved with this case (see e-mail below). I
spoke with Chris on this earlier this afternoon. I did mention to him that the last
collateral acceptance was September 15th, 2008 (the beginning of the 1 -year warranty
period). He did not mention his 8/28 refinancing request on the phone.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
918 10th Street, Greeley, CO. 80634
Ph: (970) 353-6100 ext. 3537
Fax: (970)304-6498
Original Message
From: CHRIS KRISTIN SERBOUSEK [mailto:serbousekhomes@msn.com
Sent: Tuesday, July 21, 2009 4:18 PM
To: Chris Gathman
Subject:
Chris,
I am requesting the release of collateral for The Home Ranch LLC. The reference number is
P F1129, the Letter of Credit number is 07-0020A in the amount of $69,807.15. I a.m.
1
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
August 18, 2009
THE HOME RANCH, LLC
C/O CHRISTOPHER SERBOUSEK
7471 COUNTY ROAD 74
WINDSOR, COLORADO 80550
RE: Cancellation and release of collateral for The Home Ranch, LLC, cio Christopher
Serbousek
Mr. Serbousek:
On August 17, 2009, the Board of County Commissioners approved the cancellation and release of
collateral for The Home Ranch, LLC, in the amount of $69,807.15, as referenced above. Enclosed
is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of
the signed and recorded Resolution to you as soon as it has been recorded. The original
Irrevocable Letter of Credit No. 07-0020A for $69,807.15 has been returned to Mile High Banks.
If you have questions or need additional information, please do not hesitate to contact me at (970)
356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
B yritt/t:L,
Donna J. Be Ier
Deputy Clerk to the Board
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
August 18, 2009
MILE HIGH BANKS
ATTN: TIM MERKLE
2950 NORTH GARFIELD AVENUE
LO ELAND, COLORADO 80538
RE: Cancellation and release of Collateral — The Home Ranch, LLC, o/o Christopher
Serbousek
Mr. Merkle:
Attached hereto please find the Board of County Commissioners Resolution releasing the
collateral for The Home Ranch, LLC, cio Christopher Serbousek, in the amount of $69,807.15,
and the original Replacement Irrevocable Letter of Credit No. 07-0020A, issued by Mile High
Banks, in the amount of $69,807,15.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By.
a
f
on n a J. Be e r,
Deputy Clerk to the Board
Cav-t
„Adee
MILE HIGH BANKS
IRREVOCABLE LETTER OF CREDIT NO. 07-0020A
Date: September 10, 2008
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: The Horne Ranch, LLC
Dear:
`' 'e o
0 Red* lifr
48
%Ise le ie.
c - ' fro SQ�'�Y�ge
a � e or
We hereby open our Irrevocable Letter of Credit in your favor for the accountof The Home Ranch, LLC, 7471
Weld County Road 74, Windsor, CO 80550, for a sum not to exceed the aggregate of $69,807.15 (Sixtywnine
Thousand Eight Hundred Seven Dollars and fifteen cents).
Each draft so drawn must be marked "Drawn underMILE HIGH BANKS, 2950 North Garfield. Avenue,
Loveland, CO 80538, Letter of Credit No. 07-0020A" and be accompanied by a signed statement from the Board of
County Commissioners of Weld County, Colorado statingthat "The Home Ranch, LLC has committed a material
breach of the Improvements Agreement According to Policy RegardingCollateral for Improvements regarding
Public Road Maintenance and Private Road Maintenance dated the 28th day of May, 2008, by and between The
Home Ranch, LLC and the Board of County Commissioners of the County of Weld."
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993
Revision, The International Chamber of Commerce Publication No. 500."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office,MILE HIGH BANKS, (Address). This letter of credit will
expire on July I1, 2009 at 5:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expiration dateMILE HIGH BANKS
notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presentation of the fallowing: (a) a draft at sight onMILE HIGH BANKS; (b) a statement
purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we
have received notice from MILE HIGH BANKS the Letter of Credit No. 07-0020A will not be renewed and that
The Home Ranch, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit
No. 07-0020A; c) copy of letter from MILE HIGH BANKS stating non -renewal of Letter of Credit No. 07-0020A
a e ar' etter of credit.
i erkle
Branch President
Mile High Banks - Loveland Branch
M:\ PFILESWO \LTRCREDIT.DB
As
efr
Pr- SIOGII
Loveland • 2950 North Garfield Avenue + Loveland, Colorado 80538 • 970.669,6424 + 970.669,8144 fax # www.mileNghbanks.cc
MILE HIGH BANKS
September 10, 2008
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley, Co 80632
RE: The Home Ranch, LLC Letter of Credit #07-0020A
To Whom It May Concern:
Please find enclosed the replacement Letter of Credit #07-0020A for the Home Ranch
PUD. Upon receipt of this letter we would request that you sign the Beneficiary
Acceptance form and return along with the previous Letter of Credit #07-0020 dated July
11, 2008 in the amount of $332,651.52.
We will need the documents signed and returned no later than September 17, 2008.
Should you have any questions please contact me at (970) 669-6424.
Sincerely,
Melissa Geddis
Loan Administrator
Mile High Banks
Loveland • 29.50 North Garfield Avenue • Loveland, Colorado 80538 • 970.669.6421 • 970.669.8144 fax • www.rilehighbanks.cc
025
RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1129 - THE HOME RANCH, LLC
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, by Resolution dated May 14, 2008, the Board approved the application of The
Home Ranch, LLC, cio Christopher Serbousek, 7471 County Road 74, Windsor, Colorado 80550,
for eight (8) residential lots with E (Estate) Zone uses, along with 7.071 acres of open space, for
a parcel of land located on the following described real estate, to wit:
Lots A and B of Recorded Exemption #4545; being
part of the E1/2 SW 114 of Section 32, Township 7
North, Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 16, 2008, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance), between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and The Home Ranch, LLC, c/o
Christopher Serbousek, with terms and conditions being as stated in said agreement, and accepted
Irrevocable Letter of Credit No. 07-0020, drawn on Mile High Banks, 2950 North Garfield Avenue,
Loveland, Colorado 80538, in the amount of $332,651.52, and
WHEREAS, staff from the Weld County Departments of Planning Services and Public
Works have conducted a visual inspection and recommend partial release of said collateral, in the
amount of $262,844.37, retaining $69,807.15, and
WHEREAS, the Board has been presented with a replacement Irrevocable Letter of Credit
No. 07-0020A, drawn on Mile High Banks, 2950 North Garfield Avenue, Loveland, Colorado 80538,
in the amount of $69,807.15, thereupon reducing the amount of credit available for draw by Weld
County to $69,807.15.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the original irrevocable Letter of Credit No. 07-0020, drawn on Mile High
Banks, in the amount of $332,061.52 be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the replacement Irrevocable Letter of
credit from Mile High Banks, in the amount of $69,8O715, be, and hereby is accepted, and
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
111111111111111111111111111111111111
3583025 10/08/2008 03:31P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
CC . Pt-, ft31
2008-2496
PL1920
CANCEL COLLATERAL - THE HOME RANCH, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of September, A.D., 2008.
Li
ATTEST:
Weld County Clerk to
11,149
Deputy Cler
ty Attorney
Date of signature:
tillu 11th uuti till; li
Il lltlll I«tt1 III Illll IIIti 4
3583025 10108/2008 03:31P
2 at 2 R 0.00 D 0.00 Steve Moreno clerk & Recorder
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Willia, FJ, Jerke, Chair
11111111
Robert D. f asd Tn, Pro -Tern
r
W Iia ' F. Garcia
David . Long
Dougl rt Rademac
2008-2496
PL1920
COLORADO
MEMORANDUM
TO: Board of County Commissioners 9/11/2008
FROM: Chris Gathman - Planner II Le
SUBJECT: Partial Release of Collateral for PF-1129 (Home Ranch PUD)
On July 16, 2008 the Department of Planning Services accepted collateral in the form of a
Irrevocable Letter of Credit (07-0020) in the amount of ($332,651.52) for PF-1729 (Home Ranch
PUD).
The applicant is requesting partial release of this collateral in the amount of ($262,844.87). The
applicant has submitted a replacement letter of credit (07-0020A) in the amount of ($69,807.15)
to cover, 15% of road and drainage improvements along with landscaping.
The Departments of Planning Services and Public Works recommend partial release of this
collateral.
SERVICE, TEAMWORK_ INTEGRITY. QUALITY
2008-2496
Page 1of1
Donna Bechler
C' M ^? M r L L L L L ,
From: Chris Gathman
Sent: Thursday, September 11, 2008 4:00 PM
To: Donna Bechler
Subject: FW:
Here is the e-mail request from Chris Serbousek re: release of collateral.
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970)353-6100 ext. 3540 fax (970)304-6498
I V . www.w.w.ww+rrAuwISww+ww+v..r -, Y
uwAVIAAW wwxwwv.axw.wwxwvay.wVA M V P VP1M1fAY LYM'hlMNOLii1 MP1 ten ..hln.n..+n...nn.... r.r
'Y " ' 'f Y++s HJAVAa 'M'w+'^....w. w.raw.mvufl•.. vnu a..•.•A,.+v+lauw+uwwar•• v.• v.• •••••.r ono wwrAwwwWNVAWLISAW mow. x,uwwwfw+..wuuwww+w.uwwu+w•vswrwuwiwr w+w PAWAPAWIlk\ ua5wurrwwww+xkw+
From: Serbousek [mailto : serbousekhomes@msn.com]
Sent: Thursday, September 04, 2008 7:05 AM
To: Chris Gathman
Subject: RE:
Chris Gathman
Weld County Planning Department
I am requesting the release of collateral for The Home Ranch LLC. The project has been significantly completed
and has been approved I accepted by the appropriate Weld county agents. We will replace the existing Letter of
Credit with a new Letter of Credit to insure the completion of a portion of the landscaping ($19,909.22) and to
cover the 15% ($49,897.93) necessary for the warrantee period for a total of169 69, W7.15.
Thank you,
Christopher Serbousek
The Home Ranch LLC
7471 Weld CR 74
Windsor, Colorado 80550
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Information from. ESET N D3 2 Antivirus, version of virus signature database 3 414
(20080904)
The message was checked by ESET NOD32 2 Antivirus.
http://www.esetecom
9/11/2008
MILL IIIGII 11‘INKS
IRREVOCABLE LE LETTER OF CREDIT NO. 07-0020A
Date: September 10, 2008
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: The Home Ranch, LLC
Dear:
f.M
♦
We hereby open our Irrevocable Letter of Credit in your favor for the accountof The Home Ranch, LLC, 7471
Weld County Road 74, Windsor, CO 80550, for a sum not to exceed the aggregate of $69,807.15 (Sixty-nine
Thousand Eight Hundred Seven Dollars and fifteen cents).
Each draft so drawn must be marked "Drawn underMILE HIGH BANKS, 2950 North Garfield Avenue,
Loveland, CO 80538, Letter of Credit No. 07-O02OA" and be accompanied by a signed statement from the Board of
County Commissioners of Weld County, Colorado statingthat "The Home Ranch, LLC has committed a material
breach of the Improvements Agreement According to Policy RegardingCollateral for Improvements regarding
Public Road Maintenance and Private Road Maintenance dated the 28th day of May, 2008, by and between The
Home Ranch, LLC and the Board of County Commissioners of the County of Weld,"
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits, 1993
Revision, The International Chamber of Commerce Publication No. 5OO."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office, MILE HIGH BANKS, (Address). This letter of credit will
expire on July 11, 2009 at 5:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expiration dateMILE HIGH BANKS notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presentation of the following: (a) a draft at sight onMILE HIGH BANKS; (b) a statement
pu
rportedly signed by an official of the Board of CountyCommissioners of Weld County, Colorado stating that we
have received notice from MILE HIGH BANKS the Letter of Credit No. 07-002OA will not be renewed and that
The Home Ranch, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit
No. 07-0020A; (c) copy of letter from MILE HIGH BANKS stating non -renewal of Letter of Credit No. 07-0020A
and -the original letter of credit.
\IOW'S tidy,
14;
{ • 1 .
f i
f' ?.1".
Tiri/Merkle
Branch President
Mile High Banks - Loveland Branch
•
M:1 PF1LESTOR \LTRCRE0IT.DB
Loveldmd 2950 icorLHl Chu -Ad old Avenue 6 Loveldnc_!I (._.olorddo 80538 46 9 /O.659.&/12'1 8 9 /0.669.8 ! 4i fax p wwwirrilehighbanIc.com
BENEFICIARY ACCEPTANCE OF LETTER OF CREDIT
........:.
...................
........................................
. ................
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing fl***'' has been omitted due to text length limitations.
Borrower: The Home Ranch, LLC, a Colorado limited liability
company
7471 Weld County Road 74
Windsor, CO 80550
Lender:
MILE HIGH BANKS
LOVELAND BRANCH
2950 N. GARFIELD AVE.
LOVELAND, CO 80538
(970) 669-6424
ACKNOWLEDGMENT OF ACCEPTANCE
Beneficiary, being a party to this Letter of Credit issued by Lender, hereby acknowledges acceptance of the Letter of Credit and further agrees
that any alteration or amendment of the Letter of Credit will not be effective unless and until approved in writing by Lender, Borrower, and
Beneficiary.
BENEFICIARY:
Authorized Signer for Beneficiary
William H. Jerke, Chair 09/15/2008
LASER PRO Lending, Ver. 5.40.00.003 Copr. Harland Financial Solutions. Inc. 1997. 2000 All Rights Reserved. - CO C:hLOCALLCF14LPL1Gb0.FC TR-556 PR -45
ozope- 07194
f It
1111111ge.
COLORADO
September 16, 2008
ATTN; CHRISTOPHER SERBOUSEK
THE HOME RANCH, LLC
7471 COUNTY ROAD 74
WINDSOR, COLORADO 80550
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Partial Cancellation and release of Collateral for The Home Ranch, LLC, cio Christopher
Serbousek
Mr. Serbousek:
On September 15, 2008, the Board of county commissioners approved the partial cancellation and
release of collateral for PF #1129, in the amount of $262,844.37, as referenced above. Enclosed
is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy
of the signed and recorded Resolution to you as soon as it has been recorded. The original
Irrevocable Letter of Credit for $332,651.52 has been returned to Mite High Banks.
If you have questions or need additional information, please do not hesitate to contact me at (970)
356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
Donna J. Bec
Deputy Clerk to the Board
CLERK TO THE BOARD
PHONE (9 70) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. 0. BOX 758
GREELEY, COLORADO 80632
COLORADO
September 16, 2008
ATTN : T I M MERKLE
RKLE
MILE HIGH BANKS
LOVELAND BRANCH
2950 NORTH GARFIELD AVENUE
LOVELAND COLORADO 80538
RE: Partial Cancellation and release of Collateral - The Home Ranch, LLC
Mr. Merkle:
Attached hereto please find the Board of County Commissioners Resolution partially releasing the
collateral for The Home Ranch, LLC, in the amount of $262,844.37, and the original Irrevocable
Letter of credit issued by Mile High Banks, in the amount of $332,651.52. We have received a new
Irrevocable Letter of Credit from you for the remaining $69,807.15.
if you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
tf
/
Donna J. Becer,
Deputy Clerk to the Board
Date: July 11, 2008
MILEH�(�H BANKS%O„
IRREVOCABLE LETTER OF CREDIT NO, 07-0020 ---c>ocoo:Vc),e&
n -St C)%r
T
Board of County Commissioners
ATTN: Clerk to the Board
PD. Box 758
Greeley, CO 80632
RE: The Home Ranch, LLC
Dear:
We hereby open our Irrevocable Letter of Credit in your favor for the accountof The Home Ranch, LLC, 7471
Weld County Road 74, Windsor, CO 80550, for a sum not to exceed the aggregate of $332,651.52 (Three
Hundred Thirty-two Thousand six hundred fifty-one dollars and fifty-two cents).
Each draft so drawn must be marked "Drawn underMYLE HIGH BANKS, 2950 North Garfield Avenue,
Loveland, CO 80538, Letter of Credit No. 07-0020" and be accompanied by a signed statement from the Board of
County Commissioners of Weld County, Colorado statingthat "The Home Ranch, LLC has committed a material
breach of the Improvements Agreement According to Policy RegardingCollateral for Improvements regarding
Public Road Maintenance and Private Road Maintenance dated the 28th day of May, 2008, by and between The
Home Ranch, LLC and the Board of County Commissioners of the County of Weld?'
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary U -edits, 1993
Revision, The International Chamber of Commerce Publication No. 500,"
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office,MILE HIGH BANKS, (Address). This letter of credit will
expire on July 11, 2009 at 5:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expiration date MILE HIGH BANKS
notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presentation of the following: (a) a draft at sight onM 1 LE HIGH BANKS; (b) a statement
purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we
have received notice from MILE HIGH BANKS the Letter of Credit No. 07-0020 will not be renewed and that The
Home Ranch, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No,
07-0020; (c) cop, if letter from MILE HIGH BANKS stating non -renewal of Letter of Credit No. 07-0020 and the
original lett ; cr: dit.
Tim erkie
Branch President
Mile High Banks - Loveland Branch
M :\WPFILE S1FORM\LTRCREDIT. DP
Loveland • 2950 North Garfield Avenue • Loveland, Colorado 80538 • 970.669.6424 • 970.669.8144 fax • www.milehighbanks.cc
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THE HOME RANCH SUBDIVISION F'F-1129
LOT "A" RECORDED EXEMPTION RE -4545
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4. AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
SECTION 32 TOWNSHIP 7 HoRTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
LOT 'A' RECARDiD EIES6'T}ON RE -4546 TifOoKTED At HEC F'CON No. 3474461., WELD COMTY CWac
AND RECORDER Ciy SAY 7 24107.SAID PARcGa CCMrma s I,5?3.579 SQJARF Far c* .34 5-7i5 ACRES. TACK CR LESS.
SATE Of ICADC% O1WI RSrIP 11MO 1MAFNTFNAh►CT•
KNOTT All li_N BY THOSE PACSE}IT THAT 11Oh ircAD DE4FLCPSEN.T. LLC. WOG THE MIER. DR
IL(R CF DERMA t-vetS Di HELD COUNTY. MORAco, DESCRIBED AS F l.L4tfS: LOT 'A' RECORDED
DIFIeT1Gi RE -4545 COMT4M C 34.91 ACRES, WORE (H LESS. HAYS 8Y Tfl PRESENTS 14k Du-, FLATTED,
ANO SLIEDVDED 114. SUE PITS LOTS. AS 91O1w OM THIS PLAT, Utck 7FL NAUIE Art STYLE CF THE HOBFE
RAM4(}i SUBETIASTON At CO TOM OEOIuIE TO THE Mar, SCHOOL UMW,OiN4£fi'fy AF{} FUTURE
O*TTIS &RS CrCF TPLC <AS APPLICABLE) AU. LAYS, putt MODS-AF-WAY,FIMINCHTS. PASS AFC avi
SPACE, ANA OTHER RfC R.0415 -0E -WAY, F_AMSTS, PARKS AND YEll PACE, AND OTHER fitlff.xx
TOGHTS-CF-WAY LOAD EAST: z5 f($ PURPOS 5 WON HEREON.
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BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
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BEFORE we TITS DAY OF
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SAW AS s-toni Cali TIE ATTA IfD SAP. I (%) utaR'STA►10 THAT TEN'S PROPERTY IS ;LOWE) M THE drip— 2CNC
Df57TOC7 A1'ID TS' ALSO NEW° iU MAME AREAS VCR THE CONDUCT Cf OTFCR L'}'FS BY 16G#1T. ACCESSORY USES Alpo
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VICINITY MAP
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NOTES;
BEAi;wi4S aft MINED M4) ARE BASED UPON Dt IPJU*RI.Y LINE OF THE StiOIJOCAST ODPRTfR 1;f 71( $Tltlrrier
QUARTER OF s cncN 32 TTPAHSIIIP 7 NgtAN, RAKE 57 PEST OF DC IS PIS4OPAA S( AH AS Sc. Wines
BCTITED4 THE SOUTH WARIER COs OF SAD SEO0N 32, BONG A .3 4/4 ALUMS uW, A S 1/4' *JAStM COWS
3,3642 MO TIE CT SWFENIH COTNE R OF THE SPUltFIEST AuAm1E R OF shall mica 32, BEND A 3 1/41 AUJIimiY eiw,
I.S>R 3,3642_
2 NDO'TTCE ACCCRQFFcG TU cOCORADo Lsw TALI NIUST 0311eI r AMIY LEGAL. ACKIN BASED UPON Mfr DEFECT Pi DNS SAW"(
vWY
v* i iwj YEARS AnEA YAU FIRST {1tnt vER sum T. IN NO DENT MAY Sr ACTION BASED 4aPPl *r DEFECT IN
TITS SLIRIEY BE ONWOCED wait fl'SS EN If_ARS FROM 14E RATE CE THE CEW'WICATICJI slaw NEWCPt
3 MS SEWS TaS NOT CURS:IME A TITLE SEARCH BY TIOTRICIK t CowANY ID DEIFAME CFANERSMIP OR EASF*I[IS a
RECORD- FOR ALL PrORMATFON RE0MMNIr: Omens. RFGHTS-IF-56kY, MO 1311E FECCftEI csoca cDYPAI4'T KW
UPON CONINDIE]II TOMER x3730-00-OS733 CRS, PREPARED priori AI KATi Im.I wlsaJFt,iria inphitr, DAB
JANUARY 25, 2044 AT 7:36 mi..
& THE FIELD NOW FCR 1Fi5 SURSC'Y WAS COYFLflT ON MOM1ry, DAY. lEJyt sEnaiDER 2005-
7_ REI D cam rf NILE C aE RCSF'OMISIBaf Fact WE 4AINT£ 4M CE IX IttaINAGE RELATED 'KCuT>ES,
111S PAT IS ACWi TW Me APPFKNED BY TIE 8011fa J cr 03FA TT CAfNt3SFDIEt45 OF MF1D CariP, STATE AF
C RP O. IOC Ire KA W TFE CCPIRCTITAIT SEAL OF WELD CY7laTY R!S _ DAY OF
A.O.. 200& ibetGTMIR eno oF�ircars
h I EST` 1/14.41
CD COUNT! CLOW TO THE BOARD
BY:
DEt1TtY T{1 IFt DOOM
!'i1FIC+k1E ci APPRoYAL BY FILMING
This is TD wait THAT LTf 0W aunt Pl/VI1MC Mtlar55AM DOES Four loofa' ID iFE Doom cr
cowry MIMI:OCRS. WLD COLear.. FOR -14Elt J AB0RRUM THE
PLAT AS %it** AND FEIIEOI4MS DAY a =TA.O„ mot
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I. DOILAYfE IL PM1fS, A TEGS1DRED P1?1lS9pW_ ►.AFfo SATil 'FOR Di Pt STATE CF [SOF.'alai ri DC FEQY
TIRAFY THAT THE 51at1E.Y ROIMENTji BY PIS RAT 54$ SIDE Liiiagt Yt PUISETIAAL ST.PFitit9CitAaiO
WOUND. H Futile CEXTFY THAT THE SUINEY 1Y[) Nws PLAT an Iii Ail A'P.,LAa..t was,
REQALITICIR5 AND We OF THE STATL Cr COLORADO, STATE DL1t4Er OE Fi£nsTRATTOM FOR PRoTholis.
ENCIICIRSAit ?IllrES9001. ENO 9JIYFYORS. NCI HELD GEOM.
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as NO, 9329
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DFPA9 TED THIS ' . Y l 7001, At IN D[ Of W
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(2450 S Pooh.] Stit,tt Aurora. Co BOO 14)
Part04rita Box 72025 D4rrvrr. Cdwado 10222
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LOAM 41.ei 0 D III Sire Warm CAA. Recorder
THE HOME RANCH SUBDIVISION FF-1129
LOT "A" RECORDED EXEMP1FQN RE -4545
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
Tina Flrtoi Pict Eh Candillona upae the following. and ,hot ouch shall be pieced on the rod Pict n• netts prior to rscxxding:
Jt The Final Plat allows for PUD zoning for eight (a) lots with E (Estate) Zone uses. along with open spate, of Indicalel in the application materials on fie, and aub)eot to.
and 9a'cnud by, the Conditions of Approval stated hereon and all applkabie Wald Crrirty reyutytlons.
a. Appro+rrpe of thin gist may a•eate a vested property right pursuant to f.ecUgn 2.y-9--24 of the Weld County Code.
C Water strvie* s#icll be obtained from the North 'Weld County Water OLitricL
D.
This P5JD is ri nod Wed County and is not rite ed by a municipal sanitary sewer system_ Sewage disposbl shale be by septic 'rim,' des: reed it accordrnta with the
requtaliona of mu Colorado Department of Public Health and Environment, Wad.- Quality Control Dbrlalon, and the Wild County Cone in effect at the time of c'yistructlon_
rePar. replacement, or modification of ins system
C. A Starnwater Discharge Ferrnit may be required far a development/ reiitveropmsmt/construction silt white d contiguous cx non—contiguous land disturbance Is greater thion,
err ',CPS ter, ant C } acre in Inc. The applkonl shell contact the Gdorodo Deportment of Public Heath and Envirgr art Water Ouotlty Contra 0newon, at
f[rr.cdahaatate'_ca iat/w lt'snlS nLt C alerrvr_eer Caton.*. 9 us,lwa/PamIsJniL. for mtKN Inlormotinn.
H.
F. burinq tlevSk:kmerlt of the aita, all band dkatjrbtanosa shall be conducted so that nuieano■ conditions ars not created II dust smissia'u create nulasrce conditions at the
requeel of the Wald County Disporinwit of Public Health anal Environment, a fugitive Dort Control Pion must be submitted_
G ht accordance with the Regulations of the Col -cram} Air t lolity Control Commission. any development that disturbs mare then 5 omit of land must incorporate dl available
and procrica method■ winch on toc#indog3cdly feasible and ecenrxttkally reasonotile i n order to rinimin dust emissions.
If land deveiopirent C4eutea more than a 25 -Gent contiguous diaturbanta err exceeds six (6) months In duration. the campanile party slFdl prepare a Fugitive (Ju.i Control
Plan, submit an Aar Pollution el-himtons Notice, and apply For a permit from the Coo retke Deportment of Pvb#k heath aid Environment.
l ill cash -In -lieu of land dedentian fie. in tit. amount of SI0.931_13, Dhoti be paid la M4ia County Srftod r)istrct RE -4 at the time of bolding permit a.rten4td. the School
Crlatrncl la rsuportsbe for cdlectrtg this fee.
J_ A Nome reeelle Association strap be established prior to the sail of any tat. Urnbaship In the Associctiarn s mandatory for retch parcel owner. The Association is
tesponsblt for Ilobllity rianrvnce, tares and maintenance of open apace, streets, private uttities end other foctties along with the entorttnait of C¢vengnts.
X- the Weld County Sheriffs Office rut ISidled traffic enforcement powers on roadways within iubd'sriexone that are not maintained by the County.
t All iondsccng within the site distance triangles exxrt be len than .15 feet in height at maturity.
N.
• Stag signs and street name signns rid be rbquIced ot oil Intersection,
P. SE etgns, iduditg entrance signs, sheer require bolding perrrtlts. Mira shall adhere to Section 23-t-gp of the Weld County c'.u,rtb These f+quirerdgin t■ that Opply to
ten parrale and. permanent signs.
0. Effective Jmuoryr L 2003, bolding permits Issued on the prenatal Irate sill be required to adhere to the fee structure of the County-5"We Road impact Fee Program.
R. Effective August 1. 2-005. btuAdrtg permits Issu.a on tine •ubjlert site win be required to adhere
Stormwater/Drnkvgge InnOaWCt Fee FM:Ilene.
hatoliotion of utfiitee !hail comply with Section 24-9-10 of the odd County Code,
A allinl to bedding permit shah be obtained prior to the construct -on of any stuucturt.
5-
T,
ILO the Ise structure of the Capitol Eigtanakn
Impact Fee ertd the
Li- A plan revers is required for each bu2ding tar ,which a bolding permit is required. Fro complete sets of piers are rebored when applying far boar tmldxng permit.
Residential bolding {ions may be required to boor the wet stony of o Clloroda rtgtatered architect d' SA9ixeer.
BUIdinga Slid' Caraforrn la the requirements of the -minuses codes adopted at the tirnt of permit application_ Cur►ently, the follorrirg have been di:opted by Cccrt * d x
2406 international Residential t -'ode. 2005 Mhttrtiotiortal Building Code200b international Machankd I`l,ris 2448 international Plumbing Code,. 2006 international Fuel Gas
Cordes. 2006 National E]*ctr+cd Code and Chapter 29 of the Wed Ccuroty Code.
it Each resibrentidl bulling win require on engineered ign,n4Gtlprt based on a Bite—apeclfic Ceat.tlinicd Repack or an apart hods inspection performed by a Colorado registered
engineer_ Engineered fauAdut,ons Slab be dtaigred by a Colorado rrcjiatred eegir+eer,
X. Fire resistance of wilts enc openings, construction requirements, maximum Nuking hsIghL and allowable areas exit be revin (' ot the plan resin, Setback mid offset
dlatertCes aboa be determined by CJropter 23 of the Welrj County Cade. this rtcludes setbacks to a7 and gee production fociitin.
Y. Bulding permits shad be intoned prior to the construction of any building or structure_ Buidinq permits are d.4 rewired for signs, entry way and/or gates, and !antiaturet
such On bus shelters_ if provldat
u.
The internal roadways of gated communities steal be maintaned by the Harrreownen' Anociatkxn,
Weld County.. RiePt to Farm statement. CO drellnoat.d on thaw plat, shoe be recognized at all times.
2.
Activities suds Ass permbrlont londscWing, structures, dirt mounds or other items re expressly prohbited in the swot. absorption fetid alit.
AA. 6uiiding height shall be measured in accordance with th• appbcetis Ski Code far the purpose of clip tannin eng the maximum buid ig size and height fu' vcriai■ use:
and t)toei of construction, and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Cads Building height sail be moaned in
occareonce with Chapter 23 of the weld County Code In order to determine oarnplicrncs with offset and setback requirements_ Oflset and setback requirements axe
measured to ,fns farthest projection from th■ melding. Property fine, shall be dearly identified and sit property pins shop be stoked prior to the fir■t wits Inspection,
BB. Prior le release of building permits for rasidentlbl construction. a letter of apprcra from Use rlIndrsor—Severance rut Protection District aria he provided to the Deportment
of Bulding Inspection.
CC. The property owner shall be responsible for cvrnpiy,iny with the Performance Standards of Chapter 27, ArttcAe I and Article Nite, of the Wdd Carr ity Code,
DO. w4id County Government ptrsonnei dice be ;ranted octets -silo the property ot any rIre loanable time }n order to ensure th■ activities carried art on the property comply
with the Development Standards skated herein and all dppiic.nble slued County re'gulations.
a. The eft* shod maintain cornplionm, of all times. with the requirements of the Wald County Deportment' aF public vistas, Put.tic Health cod the Environment, bnd Planning
service& and adopted Weed County- Code and Pdicine..
FF. Na deveioprrvrit activity shalt cixnme nte an th■ property. nor shall any bolding permit, be Issued on the property, untl the hicJ Pion has been approved add recorded
CC. Section 27—fli-7b of the Weld County Cade — Faure to nornmerace a RiD Final Plain — rf no construction hats begun, or no use established in the IPA) within one (1) ysar
of the date of the approrar of the Flue Final Plan, the Board of County Con,xninionern may require the lominw„sr la oppeor before it aid present *„dente substantiating
that the PUD find plan hos not been abandoned and that the applicant possesses the weiingnni aid ability to continue the Pt*). the Board at County Commissioners may
extend the data for initiation of the PUD construction and idiot annually rewire the opp&tant to demonstrate that the PUD hot not been abanaoned. If the Baord flf
Covet)" Carmel ekintra detelntirri that conditions supporting the original oppravol of the PUD find pion hove °hanged, err that the tondounsr cannot implement the PUD Fnot
Plan, the Board may, after 4 public hearing, revoke the PUD Find Plon aid order tins recorded PUD pion vacated.
HI -4. Santion 27-8-90.A of the Weld County Cole — Fniyure to Comply with the PUG rime Plan. — The Board of County Cmmission s* Andy Berry written notice upon such
organization, or upon the owners tarresidents of the PUD, setting forth lhot the arganizatbn her kited to comply with the PUD Find Pion. Said nutku eerbll lncso,de oa
demand that such deficiencies of maintenance be cured within thirty (30) (toys thereat A hewing shred he held by the Board within fifteen (15. dt}s of the bsiitxue of
molt notice. setting forth the (tern. date, and place of the hearing_ The Board may modify the terns of the drlgrid notice as to del kie wriee and may give oh, exktens;on of
time within rttlrh they stall be rectified,
I?. $action 27-8-SO.R of the Weld County Code — Any PUD Zone Ciistrict approved in d Finer Plan Ina be considered ae being -in oomph -once tali Chapter 24 of the odd
County Code and Section 30--28-101, C,R.g„ et seq.
JJ. The rip end Plan ernCC caarnpily with di regulations and requiements of Chapter 27 of the *era County Code.
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CHECKED (245d S. Ptgrio Street Aurora, CO 9001+
•PrvskOffnct &ix 22t72e Denver. r,ewido 90222
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WELD COUNTY'S RIGHT TO FARM
STATEMENT
THE HOME RANCH SUBDIVISION PF-1129
LOT "A" RECORDED EXEMPTION RE -4545
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
WIELD COUNTY is ONE OF THE uEST PRODUCT1'E A JLTURN. OOLNTIES IN
THE -VENTED STATES. RANKING FWD] IN TOTAL LIARKE7 VALLAE OF
ACSICIATURAL NOOLICT$ SOLD THE RURAL AREAS Of h AII", MAY EIE
OPEN MID SPAC3C1U5, DUI THEY ARE INTENSIVELY USED FOR AGRICULTURE,
PERSONS MOIANG INTO A RURAL AREA NUS T RECOGNIZE AND ACCEPT THERE
ARE DRAWBACKS, 140.1.1040 CONCOCTS MIT>a LCNC:STANDING ACR$CAL-TURA1l.
PR&CIN:ES Mt A LONER LLW1 OF SERVICES THAN IN TOW4. ALCM WITH
111E ORM1+$' CIcS OWE T►iE INCEN?14E5 10401 ATTRACT ARRAN TRIRLERS TO
1ZELOCA7E 70 R'LRIA1 AREAS: OPEN VIES, SoAO0US SS, WMLDUFE, LA'.CIi CiE
Q TY NOISE ANt CONGESTION. AND THE RURAL AT IOSP ERE AND WAY a
LIFE. 1111340J T NECKBOR1NG FASS S. THOSE FEATURES 'A141C14 ATTRACT URBAN
0AEW:RS TO RURAL HELD COUNTY WOULD QUICKLY BE CONE F MEIER.
XJL1lMRAL LISPS or NE IAA+U D H4dT RE EXPECTED 70 CRAKE
THOR LANG-ESfABLt91ED AGRIOULTURAL PRACTICES TD ArxiMiA0DAVE THE
▪ TRUSIONS OF URBAN USERS 1f4TQ A RURAL M&A. I iL-RUN ACRIC ETURAL
ACTHATES 'Iti. GENERA TI OFF -SITE IIIPACTS, IN4CLUOINIG WISE FROM
FRACTC7R5 AND EQUPWOIT; SLOW--•MOVI G FAfli VEHICLES ON RURAL ROADS;
DUST FPOW MOPE PENS FEE.Q 'Mk* HARVEST MO O4EL ROADS: 00 R
FR.L1 ANIMAL 00trli 4EliEJ4 T, S1.ACE AND MANURE; SMCKE FROM )ltl-1
FKJRNR$G: FLIES MC NO.SOIJIIDES: HUNTING AHD THAP'PING ACIPATIES:
S}400T14G SPORTS. LEGAL SLZ*4G OF FAXS NICE WILDLIFE; AND THE USE CF
PES11 ODES MO f'ER TILSPERS l4 THE FIELD 5.. P4C110f4G THE USE OF AERIAL
5 RAYNC. I T rS CON M CN PRACTICE FOR A{;Rr 11LTuRE PROM CERS TO u TtLl2E
A,N4 ACCt)M&LATICN OF AGRICULTURAL hAQIIFERY ANO SUPPUES TO ASSIST M1
II-CR MaCUL11.IRAL 1$ERA110N4S. A caNCENTr"TAk T10I4 a FM Sr 1.LANECk15
ACRIG1L1TJR L IAA -TRIALS OFTEN PRODUCES A 4LSUAL DISPARITY RETYYE '
IHURrL MO URBAN AREAS CF THE COUNTY. SECTION 35---3-5-102, CX S,
PROVICCS THAT AN A(eCt.ta1URAL CPERATtal SHALL NOT NE Frump TO 8E A
MOUE OR PRIVATE MIJNSANCE If THE ACR1OJLTIJRAL OPERATFON ALLEGED TO
9E A NNUSAHC[ EUPL0Y5 METHODS 0R PRACTICES THAT ME COILF0NLY CR
REASONABL Y ASSOCTA TO 1M TH ADR CULT JRAl PRCOUCTON.
WATER .HAS WEN AND CON T AKTES TY} 1E THE Lsaa'LE Rik THE
AGRICULTURAL ODUMtJRCTY. r IS LI REAL15TIC TO . sSUwE MILT UT-CFCS AND
RE SIDiVOIRS WAY SIMPLY BE MOVED 'CUT OF THE WAY" CF RESIDENTIAL
rE►1ELOPIAEN1, 'ato WANG TO THE COUNTY. PROPERTY OWNERS AND
RESIDER TS Id ST REALIZE *HEY GA.F4NOT TAKE WA TER FR4M IAR GA TON
DI MC_ LAKES P OTTER STRUCTUft1=S UNLESS THEY HAVE AN ADJLrt' CA.TED
CSI r TQ THE WATER
len (Win' CR'I'ES A LAND AREA OF APPRO)(l114ATEIY .SOUR THOUSAND
(4.000) SQUARE PILES 1N 92E ONCE CE TIC SIZE Y 7FE STATE CIF DELAWARE)
WITH WORE THAN TT:IL: THOUSAND r VEN HUNDRED (3,700) IAILES CF STATE
#Eib CO NTT RO. S OLTTSCE WLAMC M.ii M THE SHEER Naiad Net of
THE AREA TO X SERVED STRETCHES AVAILABLE RESOURCES LAW
ENE ORMNIENT rs ETASED OH RESPONSES TO COMPLAINTS MORE THAN LTA
PATROLS OF THE CCUNTY, AND 114E INSTANCES WHICH 'Just 9E TRAVELED
JUT DELAY ALL EI ERGUICY RESPONSES. NICUERNG LAW E?FORCEIIDJT,
AMBULANCE MD FIRE. Far PRO 1Ef TK'.f4 IS 4t$i}ALii MOWED BY
VOLUNTEERS *c MUST UAW THEIR JOBS ANC} CANNES To RESPOND TO
FSIERYfNOE•S- COt1NTY CRA RoADS,. N0'RAWER FLOW OFTEN THEY ARE
'RADED. WILL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FRf J AW
PAVED ROAD, SWAY R€UJOV+AL PRIORITIES NEAM THAT ROADS PROW
SUBDIVISIGNS TO ARTERIALS MAY NOT BE ri ETARtII F -DR 5EW.RA . DAYS AFTER
A MA.IOR 940'y STiti., $NJu1 RE$QVPL PM ROADS VATHR4 9LJEDf%19CNS ARE
OF THE LOWEST PRWRITY FOR FIS K WORKS OR IAAY RE THE PRIYA E
S'POMSILITY DF THE 1-lC1WEOWf4ERS. SFR4ICES IM RURAL MEAS. IN MANY
CASES, WILL NOT BE EOIJIVALFT41 70 Su►4tOp+aF. scR hints. RURAL LimaLERss
MUST. BY NECESSITY, BE WORE SES—SUETTOO1T THAN URBAN 0YEt1DxS
PEOPLE ARE E%POSED TO DIFFER04I:HAZARDS IN THE COUNTY THAN N AN
URBAN OR SuBuRBAN Stl?NG (ARIA EI JIPIEI4T AND QL FIELD F.4urNiENT,
pates AJC IRRIOARCCN CrMts. ELECTRICAL POWER FOR PUS'S AND CENTER
PIVOT OPERATIONS, Ft1Qt SPEC TRAFFIC, SAW OURS_ Pu1t*€
TIRRI TONAL FARM DOGS AND UVESTOO( MC OPD! BURNING PRESENT REAL
THREATS. CDHTROLJ.l4C C3ADPOCS ACT1ATIE 5 hS IMPORTANT. NOT Ors.Y Ft7R
THOR SAFETY, OUT ALSO FOR THE PROTECTION OF THE FARM- 'S Uyp ktO00.
PARER TS ARE RE SI''IVISTFLE FOR THEIR CNiM.Df3E11. (WELD EXAJNTY CODE
ORDINANCE 20:345- )
r-
NOTE:
TRACT A A'10 TRACT B ME COMB ED B'Y BLANKET UTILITY FASEIIWNTS
IM THEIR ENTIRETY PfR This PLAT.
rtrICAL BUILDING ENVELOPE
22,500 Si (DIN NSIONS VARY)
ONTO* SO TH tnc*TfiylES7
srxrv-Faarn+ an
IS 1/4 arnica, 32“-IN_-PAPIL
FOUND is ItE.►A M rH 3 1/4'
AUADIAJLI CAP !MAPCO Ls 33147
¶CI)TH*Sr TM C0PMO
SCC1104 32 - 7.714.-PLISA .
PART OF
SERBOUSEK PROPERTY
LOT B. PARCEL A
NOT A PART
(PORTION OF LOT B
PER RE -4545) s
14W24�37 \ 20123
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If
74-27 M .rtstAL
ACCBS EASDO1 T
REC NO. 1471405N
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SE r; 3rf ps ne Nl 111TH
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(PORTION OF LOT B PER RE— 4545)
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(TYP)
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111.9141 K- R
L 73 hers
II
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217.
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MERRICK
arul,cr C4rnporiy, Tslsphons 303/TS1-0741
(24.40 S f sor:o Skrwl IY.wes % Ca room a)
PoatOrTica Sow 22O25 Dew, Color a o X27 -
.JCLL g& 14$ CATE 0541 ILOS ■1I k tX I
3571.143 *lVV2Ul Mtn. WS Ca...*. CO
a I II 41 MO 0 A.00 If l MYYili6 Dart i Rat
THE HOME RANCH SUBDIVISION FF1129
FINAL PLAN UTILITY MAP
LOT "A" RECORDED EXEMPTION RE -4545
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
6]4TER SOUTH W T14MfL$T
,/4 W.CTICIP4 3.x-t-7Tt-itiT1.
FflUi5 fa AEb►R 1111}1 J 1/4'
ALUt4/Ai CAP STAAVED L5 33442
SJSTM'MF51 a5RCflf1 0[rbIER
SECTION 32-1.M-4.07%
PART OF
SERBOUSEK PROPERTY
LOT B, PARCEL A
NOT A PART
(PORTION OF LOT B
PER RE -4545)
3041 ACSIICULTURK
ACCESS E,Arkei r
RLC k0. 3411405
f
217 ETAOQ01
UTLITY
F.A_SEWAI T
(TV)
5a-Fi +1{le0.tTURAL
ACAS WEAN r
PER RE -4545
REC $0. 34741Na
NOO"35`4fl 90.00'
SL T_ 30' p R[HAA 117P
Z` moat's UP
Ks, 41Y9
gm a. aaTa
NOT A PART
(PORTION OF LOT 6 PER RE -4545)
1481124'32T 1210.1e
45' ORMNMX
& UTLrTY EASESIDYT (flP)
30.
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f_AaL.LNT
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KEN Litc 32 7,4 3W 1/4 Str ,.t?
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�" EJ"t1t71T (7w)
1
LOT 3
1 T5,390 q. ft
2.136 Acne
N
BLOCK 2
L_
LOT2
1 D9,7RA sq. ft.
251 Mn's
f
2'5'6'rY 1169.10
/
LOT 1
153,1]4 sq. FL
332 A t as
rf 1
f
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UAuTY EASEIAIT
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LOT 4
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LOT 5
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2 79 Array
fr TRACT A
/ 194.1 OM .q 1t_
4.57 Acts
a
A
LICIT I
1 to, 444. sq. ft
2.54 Acne
l
'4 1-2t
NOT A PART
(ROR11ON OF LOT 8 PER RE -4545)
£7 se' 1R?9 1,4 951O1"
OETEM11Q1 '�`C Ac 3477401 an\
POPE) C',E11QI T
BY SEPARATE Mt31RLICIT
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15' tITl1TT' EASEIIQIT. ELECTRIC.
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BLOCK 1
LOT 1
130.043 r} 1t
3.004 Aoryy
15' FROMO1
UTILITY £AMY110 T
(TYPI
20' 51)EL01
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1, FREER LOT, MI LOT, MC Sn Lot Limon AE
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DATE
TAWNY W
1104 11m. SEPTIC SFSTEli PER LOT
SEINCE AVa;t_rtLL - N IES OR 0 w'
'NITER - MORN CD 0114 IM O 2S1IFCT
SERS.Cf Aws.ke t - IghtS OR ONO
a -a thingps
OATS
SCALE I= 1CO•
DRAWN 14,/9'
O" ^ J_
Arcked* usevispwg
MERRICK
warki• & Company. 1S.p#otii 30.3/751 -0741
(2450 S. Norio Shoat S ner4. co 40014)
P'stO11•Ci BOK 22026 Usn'wr, Cub.ndo IIC2221
MI 'Pe:114096_ DAM 063 ,i 1 or1
1111111 nisi iiini iii1ii uiii iii i1iini iii 1iui ii i
3561088 06/17/2008 12:30P Weld County, Co
1 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder
EASEMENT DEED AND AGREEMENT
FOR PUBLIC RIGHT-OF-WAY ACCESS AND UTILITIES
TAHIS%EASEMENT DEED AND AGREEMENT is made and entered into this ,
day of i i I , 2008, by and between Dennis Sterk and Bonita Sterk whose legal address
is 7511 eld County Road 74, Windsor, Colorado 80550 (hereinafter referred to as the
"Grantor"), and The Home Ranch LLC, whose address is 7422 County Road 74, Windsor,
Colorado 80554 (hereinafter referred to as the "Grantee") .
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars
($10400) and other good and valuable consideration, paid to the Grantor by the Grantee, the
receipt and sufficiency of which is hereby acknowledged, has this date bargained, conveyed,
delivered, transferred, and sold, and by these presents, does bargain, convey, deliver, transfer and
sell unto the Grantee individually a non-exclusive easement for public right-of-way access and
utilities, over, under and across the following described parcel of real property situate in the
County of Weld and state of Colorado to wit:
LOT "A" RECORDED EXEMPTION RE -350 LOCATED IN THE
SOUTHEAST 1 OF SECTION 32, TOWNSHIP NORTH, RANGE 67 WEST,
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE E OF COLORADO
The exact location, width and length of the Easement is more particularly
described and depicted on the attached Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt of which is hereby acknowledged by the
Grantor and the Grantee, the parties mutually agree as follows:
1. The above Recitals are incorporated herein as if fully set forth.
2. General Purpose„ of Access and Utilit Easement: The non-exclusive perpetual
easement is for the purposes of installing and utilizing a public right-of-way access (privately
maintained) and utilities, including but not limited to electrical and gas service, water and sewer
lines, and telephone and cable television lines, to be known as the "Access and Utility Easement
Area" and as depicted and described on the final plat for The Home Ranch Subdivision as
approved by Weld County.
3. Access to the Access Easement Area for Construction Mintenance and Repair,
etc.: The Grantee, its successor and assigns, shall have the right, upon reasonable notice to the
Grantor, to enter upon the easement for the purposes of construction, installation, maintenance,
reconstruction, replacement and repair of the roadway and utilities to be installed in the Access
and Utility Easement Area; provided, however, that any disturbance of or damage to the surface
of the Access and Utility Easement Area caused thereby shall be restored as nearly as possible to
the condition existing prior to such entry. As a further condition of such entry, Grantee shall
indemnify, defend and hold harmless Grantor from and against all loss or damage, including but
eenztriaditte_el-te,e;Vtd,-,
o' -it &e2//
rjwP!RTEU
2cocr-t?153
I iuiii uui iiini iiuii uiii iii u11ui iii niu iui iui
3561088 0611712008 12:30P Weld County, CO
2 of 6 R 31.00 C 0.00 Steve Moreno Clerk & Recorder
not limited to mechanics liens claims as well as claims for personal injury or property damage,
occasioned by such entry.
4. Maintenance of the Access Easement Area. Grantee intends to convey the
easement to the Home Ranch Homeowners Association ("HOA") or other appropriate entity, for
ownership, operation, maintenance and repair. The HOA shall bear the reasonable cost of the
proper maintenance of the Access and Utility Easement Area. To the extent any maintenance is
necessitated by work performed solely for the benefit of the Grantor, the cost of said
maintenance shall be the sole responsibility of the Grantor, their successor or assigns.
5. Non -Interference. No permanent or temporary barriers, fences, or obstructions of
any kind or nature to the free and unhampered use of said Access and Utility Easement Area
shall hereinafter be permitted, nor shall any building or other structures be constructed or
permitted upon any part of the Access and Utility Easement Area nor any vehicle parked thereon.
6. Binding Effect: The Easement and obligations granted and created herein shall be
deemed covenants running with the land and shall be binding and benefit not only the parties
hereto but also the County of Weld, Colorado, utility companies, successors, assigns and any
tenants or other persons to whom may be granted rights and privileges under this Easement;
which grant of rights and privileges may be either in writing, oral, or by tacit consent.
GRANTOR:
Dennis Sterk
Bonita Sterk
C
STATE OF COLOR/MO )
COUNTY OF WELD )
AAS
GRANTE
The Ho
a Col
By:
ss.
istop er Serb i; a , Manager
The foregoing instrument was acknowledged before me
, 2008, by Dennis Sterk and Bonita Sterk.
Witness my hand and official seal.
STATE OF COLORADO )
)ss.
E
MINT OF L
Thejliegoin
2 *PAT Alet
andelieffic
.. .
:XI PUBLIC
P ;ti Sir
�.. F CO
4r;
Notary Pub
My omission Expires 10/22/2011
re-
ent was acknowledged before e th. * ,t day of/
Serbousek as Manager of The. . me h Like /
al.
art -vs
II1111111111111111111111111111111 IIIIII III nisi iiIi
p
I
3561088 06/1712008 12130P Weld Couity, CO
3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT A -I
SE 1/4 SECTION 32, TOWNSHIP 7 NORTH, RA
--COUNTY CF WELD ---
LEGAL DESCRIPTION - RIGHT-OF-WAY PARCEL
NGE 67 WEST 6th P.M.
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF
THE 5th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN AS
BEARING 58912'56"W BETWEEN THE SOUTH QUARTER CORNER OF SAID SECTION 32 BEING A REBAR WITH 3
1 /4„ALUMINUM CAP, LS# 33642 AND THE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION
32, BEING A #6 REBAR WITH 3 1/4." ALUMINUM CAP, LS# 33642.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32;
THENCE NOT -33'04"W, ALONG THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 32, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 74, SAID POINT BEING THE PONT OF BEGINNING;
THENCE NO0'33'04"W, CONTINUING ALONG SAID EASTERLY UNE, A DISTANCE OF 176.24 FEET;
THENCE S44'56'47"E, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 6.16 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 44"23'43'', A RADIUS
OF 90.00 FEET, A CHORD BEARING 522`44'56"E A DISTANCE OF 68.00 FEET AND AN ARC LENGTH OF 69.74 FEET;
THENCE SO0633'04"E, TANGENT WTH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 108.74 FEET TO A POINT
ON THE NORTHERLY RIGHT—OF—WAY LINE DI WELD COUNTY ROAD NO. 74;
THENCE 589'11'33"W, ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 30,00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 4,658 SQUARE FEET MORE OR LESS.
I, DuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
no
R IE/S/...
DuWAYlifEidc PHFRU` = r P29
FOR ArslinIt BEHALF OF RICK 43c COMPANY
+**`'I94 edits\ `+• \4#-
,f}1/.%Ali.
L \\\\
DATE: firs1l‘k01
REVISION DESCRIPTION
DERRICK PROJECT NO.
2450 S. Peoria St. Aurora Co. 80014 Phone: 303-751-0741
I: \ACL\18d1489B\- 48981O\\SURVEY\4989 FINALPLAT\
48.98--EA$EMENTS.dwg-VP ROW EXHIBIT
1111111 11111 iiiui iiiiii nisi iii ui ui iii 11W iiii iu
3561088 06/1712008 12:30P Weld County, CO
4 of 6 A 31.00 D 0.00 Steve Moreno Clerk & R?corder
EXHIBIT A-2
SE 1/4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M.
---COUNTY OF WELD --
W 1/16 COR
SW 1/4 SEC 32
T7N, R67W, 6th P.M.
END: 3 1/4" ALUM CAP
LS 33642
HANNAH LANE
REC. NO.
TRACT B
TIE HOME RANCH SUBDIVISION
REC. NO.
Ist
cat
cal
—
544'56`47"E
6.16"
&44'23'43"
R=90.00'
CB= S22'44'56"E
C=68.001
69.74'
cNbi
i
ain qa-
0
c
a
P.O.B.
N0O'33'O4"W
wan COUNTY ROAD 74 30.00'
S8912'56"W 1319.05'
$00 ERL Y LINE SE 7/41'W /,/4 SEC 32
BASIS OF BEARING
' i*'' M. *Sigic\set -..-
9329 : It
• ' 0 25 50
I-
Col
t
as
res
0
N 89`11'33" E
30.00
POINT OF COMMENCEMENT
S 1/4 C0R SEC 32
1-7N1 REM 6th P.M,
END: 3 1/4" ALUM CAP
LS4 33642
100
.!� see�� • S.
• ^.
•
OC0URSE ONLY. THIS EXHIBIT DOE
INDICATES CHANGE OF COU S L - IT IS ES IY 4L `�'�\\\\ 1 inch - 50 it,
NOT REPRESENT A MON UMEN TED LAND SURVEY./j11111 I l 1 � '�
IN iEN[QED TO DEPICT £ ATTACHED LEGAL DESCRIPTION, PARCEL CONTAINS 4,658 sq. ft, +/-
REVISION DESCRIPTION
MERRICK PROJECT NO.
18014898
DRAWN
WHN
Do
DO
■
•
MERRICK
DO.wino cumin. sou.rnote
2450 S. Peoria St.. Aurora Co. 80014 Phone: 303-751-0741
THE NOME RANCH SUBDIVISION
RIGHT-OF-WAY PARCEL
DATE: JANUARY 28, 2008
SCALE. 1 "=50'
I: \AcL\sS0"4698\-489BLDD\SUR' Y\4989 FIN ALPLAT\
4898—E.ASEMENTS.cIwg—VP ROW EXHIBIT
i 111111 11111 IIIIII HIll 11111 III I11I1II Ili IIIII 1JUl11
3561088 0611712008 12:30P Weld County, CO
5 of 6 R 31.00 D O.OQ Steve Moreno Clerk & Rer.ordEr
EXHIBIT A-3
SE 1/4 SECTON 32, TOWNSHIP 7 NORTH) RANGE 67 WEST 6th P.M.
---COUNTY OF WELD
LEGAL DESCRIPTION - OFFSITE UTILITY EASEMENT
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF
THE 6th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEARINGS ARE ASSUMED AND ARE BASED UPON THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN AS
BEARING S8912`56"W BETWEEN THE SOUTH QUARTER CORNER OF SAID SECTION 32 BEING A #6 REBAR WITH 3
1 /4"ALUMINUM CAP, LS# 33642 AND THE WEST SIXTEENTH CORNER OF THE SOUTHWEST QUARTER OF SAID SEC11ON
32, BEING A #6 REBAR WITH 3 1/4" ALUMINUM CAP, LS# 33642.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32;
THENCE X1O0+33'O4"W, ALONG THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 32, A DISTANCE OF 208.24 FEET TO THE POINT OF BEGINNING;
THENCE 1\1O0'33'O4"W, CONTINUING ALONG SAID EASTERLY UNE, A DISTANCE OF 21.44 FEET;
THENCE 544.56'4.7"E, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 21,48 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 44*23'4Y, A RADIUS
OF 105.00 FEET, A CHORD BEARING 522.44'56"E A DISTANCE OF 79.34 FEET AND AN ARC LENGTH OF 81.36 FEET;
THENCE SOO'33'O4"E, TANGENT WITH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 108.69 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 74;
THENCE Sag 12' 40"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET;
THENCE NO0'33' O4"W, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 108.75 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 44'23'43`, A RADIUS OF
90.00 FEET, A CHORD BEARING N22'44'56"W A DISTANCE OF 68.00 FEET AND AN ARC LENGTH OF 89.74 FEET;
THENCE N44'56'47"W, TANGENT WITH THE PREVIOUSLY DESCRIBED CURVE, A DISTANCE OF 6.16 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 2,971 SQUARE FEET MORE OR LESS.
I, DuWAYNE M. PHILLIPS, A SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
REC/s
Q ff�f
++ C M. +a+ 6"'D <>
<lc
DuWAY • PHIEL3•4= RIF 9329
FOR ANI3gAlel BEHALF OF gICK & COMPANY
rrf r
' 'sa •
�
* 6 111\\XIC3 \ `-
DATE: }} 0
REVISION DESCRIPTION
MERRICK PROJECT NO, 1801489-8
DRAWN WI IN
THE HOME RANCH
COOMERRICK
BULDING cunt', source's
2450 S Peoria Si. Aurora Co. 80014 Phone: 303-751-0741
OFFSITE UTILITY' EASEMENT
DATE: JANUARY 29, 2008
SCALE: N A
SHEET 1 OF 2 SHEETS
I . \ACL\18014898\- 489 BLDG \SURVEY\4999 FINALPLAT\
4898-EASEMENTS.dwg-VP OFFSITE UTILITY EASE
dioVd'-/3
I lulL 11111 (LIII IIIIII Ill1l lIt 1111111111111111111 llll
3561088 06/1712008 12:30P Weld County, CO
6 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Reroficler
EXHIBIT A-4
SE 1/4 SECTION 32, TOWNSHIP 7 NORTH, RANGE 67 WEST 6th P.M.
---COGNTY OF WELD ----
w 1/16 CUR
SW 1/4 SEC 32
T7N, R67W, 6th P.M.
INU : 3 1/4" ALUM CAP
LS# 33642
5
4
NOO'33'O4M 8
21.44'
RO,B.
HANNAH LANE
REC. NO.
TRACT B
THE HOME RANCH SUBDIVISION
REC. NO.
N
N
N
N44.5647MW
6.16'
A=4473'43"
R=90.00`
CB= N22'44 $6"W
LC=68.001
L=69.74' "7
1-44
04 Ca
U4
cv w.
1N
I
VELD COUNTY ROAD 74
S8912'56" W 1319.05'
S01 ERL Y LINE SE 1 4 SW 1 4 SEC 32
BASIS OF BEAR/NC
a �
r
0 INDICATES CHANCE OF COURSE ONLY. THIS EXHIBIT DOE// ,Leallikel:a\CD\\���
NOT REPRESENT A MONUMENTED LAND SURREY. IT iS cNL f i ��I�I41t1 �
INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. Tl LITY �A SE LENT CONTAINS 2,971
No
S
H
171-
o
z Y
S44`564r
21.48'
A=4473'43"
R=105,00'
CBS-S22'44'56"E
LC= 79.34?
L=81.36`
0
C
ern
0
z
Toran
0
S8912 4O"W
1 5.CQ`
POINT OF COMMENCEMENT
S 1 /4 COR SEC 32
T7N, R67W, 6th P.M,
END: 3 1 /4" ALUM CAP
LS4 33642
D 25 50 100
.\\\,,c),13 REG; r.,///
--ase-i\g M. P6:SP
• ca •
-�;� �CC aT
X70• •CI
a
- •
s •Ciir}
1 inch 50 ft.
sq. ft. +f —
REVISION DESCRIPTION
MERRICK PROJECT NO. 18014898
THE HOME RANCH SUBDIVISION
DRAWN WHN
°oio MERRICK
009 BULDNO want sournopa
2450 S, Peoria St. rorn Co. 80014 Phone: 303-751-0741
OFFSITE UTILITY EASEMENT
DATE: JANUARY 29, 2008
SCALE: 1 =50
SHEET 2 OF 2 SHEETS
I: \ACL\18014896\-459SLDa\SUR\ti\4989 FINALPLAT\
4898-EASE►vIENTS,owg-VP OFFSITE UTILITY EASE
c,76e--/S4
Weld County Treasurer
Statement of Taxes Due
Account Number R5386108
Parcel 070532302001
Legal Description
LOT 1 HLK 2 HOME RANCH
Situs Address
36149 KYLE PL WELD
Account: R5386108
GERTGE ERIC JAMES
36149 KYLE PL
WINDSOR, CO 80550-2867
Year
2022
Charges
Tax
Billed
$6.49 I.82
Payments
$6.491.82
Balance
$0.00
Grand Total Due as of 08/21 /2023
$0.00
Tax Billed at 2022 Rates for Tax Area 0430 - 0430
Authority
WELD COUNTY
SCHOOL DIST RE4
NORTHERN COLORADO WATER
(NC
WINDSOR -SEVERANCE FIRE
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2022
* Credit Levy
Mill Levy
15.0380000*
50.8790000
1.0000000
8.2500000
6.3070000
3.5530000
0.4140000
Amount
$1,142.58
$3,865.79
$75.98
$626.84
$479.21
$269.96
$31.46
85.4410000
$6,491.82
Values
SINGLE FAM.RES.-
LAND
SINGLE FAM.RES-
IMPROVEMTS
Actual Assessed
$245,000 $17,030
$848,205 $58,950
Total $1,093,205
$75,980
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - Al1Cl1ST 1
Weld County Treasurer's Office
1400 N 17'" Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Date:
Hello