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Home My WebLink About20241909.tiffRESOLUTION RE: APPROVE REQUEST CONCERNING EXTENSION OF TIME FOR RECORDING OF PLAT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF14-0003 (WIGAARD SMITH ESTATES PUD) - SHERRY WIGAARD AND VELOIS SMITH 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 or about July 27, 2014, the Department of Planning Services conditionally approved the application of Sherry Wigaard and Velois Smith, 1935 County Road 55, Keenesburg, Colorado 80643, for a PUD (Planned Unit Development) Final Plan, PUDF14-0003, for eight (8) residential lots with E (Estate) Zone Uses (Wigaard Smith Estates PUD), along with four (4) outlots (Outlot A for a central water system appurtenances and distribution and emergency access; Outlot B for an existing gas well production facility; Outlot C for an entry sign; and Outlot D for a school bus shelter and mailbox kiosk), for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -4833; being part of the N1/2 NE1/4 of Section 28, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to Section 27-8-50 of the Weld County Code, the Board has received a request from Coan, Payton and Payne, LLC, dated February 26, 2024, on behalf of Sherry Wigaard and Velois Smith, 9319 Salisbury Drive, Brooksville, Florida 34613-4979, for an extension of time to record the plat for PUD (Planned Unit Development) Final Plan, PUDF14-0003, for a period of five (5) months, until December 18, 2024, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and the recommendations of staff from the Weld County Department of Planning Services, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this extension request shall be approved for a period of five (5) months, until December 18, 2024. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the time for recording the plat for PUD (Planned Unit Development) Final Plan, PUDF14-0003, be, and hereby is, extended for a period of five (5) months, until December 18, 2024. cc:pL(EK/kN/cc) ASR(SG), AMPL. REP. 01/7-1/24 2024-1909 PL2080 EXTEND TIME FOR RECORDING OF PLAT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF14-0003 (WIGAARD SMITH ESTATES PUD) - SHERRY WIGAARD AND VELOIS SMITH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of July, A.D., 2024. ATTEST: 44:4 Weld County Clerk to the Board evGetlC-thfin • UJQ•1 as) cic Deputy Clerk to the Board County t orney Date of signature: / 24 BOARD OF WELD COU Kev oss, Chair 2024-1909 PL2080 MEMORANDUM TO: Board of County Commissioners DATE: June 26, 2024 FROM: Chris Gathman, Planning Services ek, SUBJECT: Request for Extension for recording of final plan (Wiggard Smith Estates — PUDF14-0003) Sec. 27-8-50. - Failure to record a PUD final plan. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD. Case History: 9/29/2010 - PZ-1150 (Change of Zone from A (Agricultural) Zone District to PUD (Planned Unit Development) for Eight (8) Residential Lots with E (Estate) Zone Uses, along with Four Outlets (Outlet A — for Central Water System Appurtenances and Distribution and Emergency Access; Outlot B — Existing Gas Well Production Facility; Outlot C — Entry Sign; and Outlot D — School Bus Shelter and Mail Kiosk approved by the Board of County Commissioners 7/14/2011 - PZ-1150 Change of Zone Plat recorded 9/23/2013 — Extension Request granted by the Board of County Commissioners to extend the submittal date of the PUD Final Plan Application until March 23, 2014. 3/16/2014 — Wiggard Smith Estates Final Plan application submitted to the Department of Planning Services 2024-1909 I7LZCAU 7/2014 — Wggard Smith Estates Final Plan conditionally approved by the Department of Planning Services 11/14/2016 - Staff was informed by applicant that existing barn on the adjacent lot (Lot A RE -was extremely close to \Niggard Smith PUD. The applicant applied to slightly modify the PUD boundary (PUDZ16-0003) in conjunction with a Recorded Exemption amendment (RECX16-0185). 1/12/2022 - RECX16-0185 recorded under reception # 4793576 12/20/2023 - PUDZ16-0003 recorded under reception # 4936561 Case Status/Outstanding Conditions: Outstanding conditions for PUDF14-0003 are as follows: An Improvements Agreement will be required prior to recording the Final Plat. The agreement and form of collateral shall be submitted for and reviewed by the Public Works Department and accepted by the Board of County Commissioners. Finalize Covenants for the PUD Install the public water system A draft plat for PUDF14-0003 has been submitted and is in staff review. Any easements associated with the water system will need to be identified on the final plat. Coan Payton & Payne LLC had submitted an extension request letter dated February 26, 2024 requesting that the recording date be extended to December 18, 2024. NOTE: Well Permits for the water system that had been applied for at the time of extension request letter have been issued under permit #s 89013-F and 89013-F. The latest correspondence from the applicant indicates that the water system will not be installed before July 17th. The location of the wells and the water line will need to be identified on the PUDF14-0003 final plan map. Staff Recommendation: Staff recommends that PUDF14-0003 be continued until December 18, 2024 to allow sufficient time to: 1) install the water line 2) complete the improvements agreement for acceptance by the Board of County Commissioners 3) finalize the covenants and 4) finalize and submit the plat for recording. REQUEST FOR EXTENSION TO RECORD PUDF14 0003 WIGGARD SMITH ESTATES saretart reritaillItt flair* tiff , 1--i I 1 --H fr,utetrElaaarsat. ammano I ► I 1 infidia 1 1 1 1 i ultras. r ter uTsz; LOT 5 ISb6 .r r • -i / I J 7 1 1 1 1 1 v�a-sa�ta I I iew XIACCIWIoo fT / a / Wafalr Set' I -Y& a tClAiil &Lai ESL; P4 LEGEND: ♦ - want bar II la - TLI Mr • •4. POP erns r swans car. n.t Tr, • - INr LT SOO •ml r .tits Pa W 1•.• alo, W1GAARD SMITH ESTATES Port of the North 1/2 of the Northeast 1/ 4 of Section 28, Township 1 North. Range 64 I'..st of the 6th P.M.. Count/ of Weld. State of Colorado V?T S Itm br-s-, -1 1 Sheet 2 of 2 o0U11TY ROAD • t••a-eat ems S a r- -j_- -. a, oriker 4- I•Ino�r{ ItlaY ANNIE LANE IUt el-iT wen PUP - 1 •N Ora- r t"s& w'- Ri- iw" �': 1� a• C 1f�.:�_•• tf Win _•• clscra era lIrtralartIrall ♦ ■/: •7. • • apt 1►a train IllairrWIS-&-aal MILLS a•a7�Ta+ p ast. - .ylL9r ■•t tlt;'t�•• •1i •a MITF�.. Ora Li) •••rn 1-:•.•• :. Ie It e1fe r-aeT.iar- LIIarr. arias -le --a Itr airy alrr nr - atrraa'nraa—w- . S- alanr- r SUSS .a ;• =. ate i •• •al•. Sir sa c tit ABS -.»tcsetfr• a Via—•• arra rr pia.' —aINw a V % ‘ Talk , • \ • 'I I I I I I , 1 P7,PrIga/444k. L I II {I I {i1 { wit 1 ter gar - - - - \ ♦ NIrtar,- _Ws tIOW \ 1 I \ akin ♦ ♦ \ \ Is ♦ • ♦ ♦♦\ ♦% I L MANIC fritu_!!_ wart! 1 'Sae NON IC SC* Lk 1'-f00' u 200 400 600 I 1 flair au Ira sk Witkreitraskii I at -01 _ a/ 1a/ Land Surveying Co. • era trt..a. h 1•r 1!L \11i`'s CO a • aea1! a� • r«• ,� - , I t '. mr. 1 noo a, .w I art rangy .� aa riaa wn a Lnc,s.r+..nJ1t_J•w•,fotvwra 1R1 ts•wtaar!.a I.e 4 C COAN, PAYTON & PAYNE, at February 26, 2024 Via Email and U.S. mail: Weld County Board of County Commissioners c/o Chris Gathman, Planner III 1402 N. 17th Avenue Greeley, CO 80631 cgathman@co.weld.co.us William F. Garcia, Esq. 1711 61. Avenue, Unit 100 Greeley, CO 80634 970-339-3500 wgarcia(chcp2law.com www.cp2law.com Re: Request for Extension to finalized conditions of approval and submit PUDF 14-0003 plat for recording Dear Honorable County Commissioners: Please be advised that this office represents Sherry A. Wigaard and Velois A. Smith, property owners and applicants under the pending Planned Unit Development Final Plan PUDF 14-0001. The outstanding matters in the Plan are the following: • Finalize an Improvements Agreement • Provide collateral pursuant to the Improvements Agreement • Provide Covenants for the development • Install the public water system As an update, Applicants have completed several outstanding items and demonstrate progress on this project as follows: • PUDZ16-0003 change of zone plat has been finalized and recorded on December 20, 2023 at Reception Number 4936561. Applicants have provided an updated Improvements Agreement with cost estimate to Weld county Planning on November 15, 2023 for review. The Improvements Agreement was prepared and submitted prior to our office's engagement and will be reviewed by the undersigned. • Draft Covenants were submitted to Weld County Planning for review on November 14, 2023. These Covenants were prepared and submitted prior to our office's engagement and will be reviewed by the undersigned. • Surveys of the lots has been completed. • The Final Plat draft was submitted to Weld County Planning for review on November 14, 2023. DE, FORT COLL, I GREELEY Page 12 • South East Weld Fire District Impact Fee has been paid • Weld County RE -3J School District Impact Fees have been paid. • Well permit applications were submitted in October, 2023 and are in process • Norco Engineering has prepared engineered plans for the water system. • A contractor (Winegar Drilling) has been selected to drill wells and install the water system. While there is work to be done to complete the Improvements Agreement and the Covenants, the installation of the public water system is dependent on approval of the well permits by the Colorado Division of Water Resources. Once the permits are approved, the contractor can schedule the work. As Applicants have worked diligently to finalize the project, but are awaiting approval of the well permits before installing the water system, they respectfully request an extension of nine months to December 18, 2024 to complete the aforementioned work on PUDF 14-0001. Thank you for your consideration of this request. Sincerely, COAN, PAYTON & PAYNE, LLC Wi'Cliam F': Garcia DENVER FORT COLLIES GREELEY WIGAARD SMITH ESTATES Part of the North 1/2 of the Northeast 1/4 of Section 28, Township 1 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado Sheet 1 of 2 PROPERTY DESCRIPTION OWNER'S CERTIFICATE x 4r sei sui"mm� rxt mxo sgqa__epwep++��o°"o"`m" ��r"xn_w"°Fr w'"rio o�miu°rz��"��°vsnwrs""ocs°cwem 6x" °"Ava ro xen cow`r 4dn`Lii o'""r rxe rswer.wo weue. o xwxrs_or-r"v "s maxi OT LI ENHOLDER'S CERTIFICATE auirS rmr�t ornro wm cax,r. xxreo NOT BOARD OF COUNTY COMMISSIONER'S CERTIFICATE OF APPROVAL TM v°�i x �` ,°rsSeiu�r`xrtw<c` vsi"`ow x�ue'"`we 00, _ 0000. VICINITY MAP: 1.' = 200D. PROPERTY DESCRIPTION rlinEdlo,txa me o TMsum°" or. xxrex sous (sox+rvxc xor rrruuaa> SURVEYOR'S CERTIFICATE si °Dx�nm n i�"nnr rxoe[aaerl uuo wxrnroia"�o �iYe• " caos"oo Knox xo w. NOTES: Au i �r� � � �m��pm ruE ix xN°""�'�`m m�'uGro�iEr.°r xmmx "m%x i gym. s , , ai cv. �a^�iw: ro n"resru"ru�rE °As�"�sm°cAsauris " euss'rwo�ik' -caner os�mrnncrawx- n Does xoea itca sZ sukme w =wax,.u¢ wco °a,nr° vs'i�exmr. " u.s. sum�r rmr rs ornxm "s vw�ervxm%xv'xrs. \ri alfme,icern, reed L Eil... iweying Co. WIGAARD SMITH ESTATES Part of the North 1/2 of the Northeast 1/4 of Section 26, Township 1 No h, Range t West of the 6th P,M., County of Weld, State of Colorado Sheet 2 of 2 RE-2]ffi I"�NOTON P"NR�) Ix¢�. rw.�xexnw) I ,ttr �eua,Lun F. —m• u>� OYPo\L 7 LOT 5 15.00 Ac.+/ -J L ex SewMEd \\ V REC%18-AO,B5 I m / I `\ 1 \ .I \ I.^ ANNIE LANE (w' woxl-or- h StO ',WET GRAPHIC SCALE 1'-200' tS StStS te0.00• OSSI IS 95Y stst es, Ws CIO to. 200 400 600 aimemiceprk v LandSurveying Co. A V Iq 19 51101 . MOYL9-1511 R,1pFtllberi . ss"" , [[x I cxu�m ,n wx I us w\[uem „ tm5 nt_st,aA\ecwm anx muss-we.w ,oe RO o- I MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, July 24, 2014 at 10:00 a.m., in the Hearing Room of the Weld County Planning Department at 1555 N 171 Ave, Greeley, Colorado. Members Present: Galen Monson, Don Carroll, Jennifer Petrik, LeAnn Koons, Robert Fleck. Members Absent: Terry Stencel, Terry Speer, Tom Beach, Jerry Adams, and Al Trujillo Also Present: Chris Gathman, Department of Planning Services and Kris Ranslem, Secretary. CASE NUMBER: PUDF14-0003 APPLICANT: SHERRY WIGAARD & VE LOIS SMITH PLANNER: CHRIS GATHMAN REQUEST: A PUD (PLANNED UNIT DEVELOPMENT) FINAL PLAN APPLICATION FOR A PUD FOR EIGHT (8) RESIDENTIAL LOTS WITH ESTATE ZONE USES (WIGGARD SMITH ESTATES PUD) ALONG WITH FOUR (4) OUTLOTS (OUTLOT A - CENTRAL WATER SYSTEM APPURTENANCES & DISTRIBUTION AND EMERGENCY ACCESS; OUTLOT B - EXISTING GAS WELL PRODUCTION FACILITY; OUTLOT C - ENTRY SIGN; AND OUTLOT D - SCHOOL BUS SHELTER AND MAIL KIOSK). LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4833; PART N2NE4 SECTION 28, T1 N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: WEST OF AND ADJACENT TO CR 55 AND APPROXIMATELY 700 FEET SOUTH OF CR 6/CR 55 INTERSECTION. Chris Gathman, Planning Services, stated that this is an 8 lot PUD with Estate Zone District with 4 Outlots which include Outlot A for water service appurtences, distribution, emergency access. Outlot B is an existing oil and gas well, Outlot C has an entrance sign and Outlot D has a school bus shelter and mail kiosk. Mr. Gathman said that according to the Weld County Code, the easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of 20 feet apportioned equally on abutting properties. Where front line easements are required, a minimum of 15 feet shall be allocated as a utility easement. Mr. Gathman noted that there are utility easements along the majority of the front and rear property lines with the exception of where Lots 1 and 8 border County Road 55. Staff recommended that 15 foot easements be placed in those locations. Don Carroll inquired about Outlot A and asked if either a blanket easement across Outlot A should be placed so that the utility could go in whichever direction they wanted to go or should we place an easement all the way around. Mr. Gathman said that if it needs utilities we can certainly accommodate it. Don Carroll suggested that a 20 foot perimeter easement be shown for Outlot A. Leann Koons suggested that the 10 foot utility easement for Lot 1 be changed to 20 feet to match Lots 2, 3, and 4. Don Carroll summarized the proposed changes to include: 1) the required 15 foot easement on the front lot lines of Lots 1 and 8; 2) Change the 10 foot utility easement on the north end of Lot 1 to 20 foot easement to match the perimeter easement; 3) Extend the perimeter easement across Outlot A to enclose that into the perimeter easement; and 4) Include 20 foot perimeter easement on Outlot A. Jen Petrik asked about the cross section for gravel road is to have roadside ditches on either side which was not included in the cross section drawings. She asked if this site plan should include a drainage and utility easement. Galen Monson clarified that the roadway which is 60 feet includes the drainage easement. Ms. Petrik said that the site is exempt for having a detention pond because the lots are larger than 3 acres. However, they do need to have a place to collect the ditch water. Mr. Gathman said that we can have this discussion with the applicant's engineers but we can make note of this in the minutes. Galen Monson moved to make the following changes: 1) 15 foot easement on the front lot lines of Lots 1 and 8; 2) Change the 10 foot utility easement on the north end of Lot 1 to 20 foot utility easement; 3) Extend the 15 foot easement across Outlot A to be consistent with Lots 1 and 2; 4) Include 20 foot perimeter easement on Outlot A; and 5) future design of potential requirement for an easement on drainage to be determined at a future date. The motion was seconded by LeAnn Koons. Motion carried unanimously. Meeting adjourned at 10:26 a.m. Respectfully submitted, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2014.08.18 10:47:37 -06'00' Esther Gesick From: Sent: To: Subject: Attachments: Chris Gathman Thursday, July 11, 2024 2:51 PM Esther Gesick; Jan Warwick; Jessica Reid; Chloe White FW: Wigaard-Smith Estates HOA Docs Wigaard A LLLO Smith Declaration of Covenant_07052024.pdf Attached is an item of information for PUDF14-0003 extension request. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Greeley, CO 80632 cgathman@weldgov.com 970-400-3537 From: Tyson Tabler <ttabs79@gmail.com> Sent: Thursday, July 11, 2024 12:05 PM To: Chris Gathman <cgathman@weld.gov> Cc: bret pachello <bgpachello@gmail.com> Subject: Wigaard-Smith Estates HOA Docs Caution: This email originated from outside of Weld County Government. Do not click links or open attachme-its unless you recognize the sender and knew the content is safe. Chris, Please find the attached draft docs for the HOA. These are at about 95% and are currently being finalized. Let us know if you have any comments or questions! Best Regards, Tyson Tabler 3t4)3) 175 %-5R1.a 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WIGAARD SMITH ESTATES (A COMMON INTEREST COMMUNITY) Declarant: Wigaard Smith Estates, Association: Wigaard Smith Estates Owners Association, a Colorado nonprofit corporation Type of Common Interest Community: Planned Community Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WIGAARD SMITH ESTATES (A COMMON INTEREST COMMUNITY) This Declaration of Covenants, Conditions and Restrictions for Wigaard Smith Estates (a Common Interest Community) ("Declaration") is made by Wigaard Smith Estates ("Declarant"). Recitals A. Declarant owns the real property ("Initial Property") described on the Change of Zone for Wigaard Smith Estates P.U.D. (P.Z. - 1150), attached as Exhibit A and incorporated by reference. B. Declarant desires to create a Common Interest Community on the Property, pursuant 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 ("Act"). This Declaration is intended to supplement the Act. In the event of any conflict between the provisions of this Declaration and mandatory provisions of the Act, the Act, including all amendments to the Act, shall prevail. C. Declarant has caused or will cause the Association to be organized as a nonprofit corporation under the laws of Colorado for the purpose of performing the functions set forth in this Declaration and provided for in the Act. 1. DEFINITIONS 1.1 General. The following sections define words and phrases which, as used in this Declaration, have the meaning set forth below. In addition, applicable definitions contained in the Act when used herein, have the meaning set forth in the Act except to the extent the Act allows a Declaration to define the same in a different way and this Declaration does so. Other terms in this Declaration may be defined in specific provisions of the Declaration and shall have the meaning assigned by such definition. Defined words and phrases, including both those defined in this Declaration and those defined in the Act, are indicated in this Declaration by capitalizing the first letter of a defined word or of each word in a defined phrase. 1.2 Act. "Act" means the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, et seq., as the same may be amended from time to time. 1.3 Assessments. "Assessments" means all Common Expense Assessments, Special Assessments and any other assessments of the Association provided for in this Declaration. 1.4 Association. "Association" means Wigaard Smith Estates Owners Association, a Colorado nonprofit corporation. 1.5 Board. "Board" means the Association's Board of Directors, which is also the Association's Executive Board. 1.6 Bylaws. "Bylaws" means any instruments, however denominated, which are adopted by the Association for the regulation and management of the Association, including amendments to those instruments. 1.7 County. "County" means Weld County, Colorado. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 3 1.8 Clerk and Recorder. "Clerk and Recorder" means the Clerk and Recorder of Weld County, Colorado. 1.9 Common Expense Assessment. "Common Expense Assessment" means all assessments made for Common Expenses under this Declaration. 1.10 Common Expenses. "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. 1.11 Common Interest Community. "Common Interest Community" means all real property now or hereafter subject to this Declaration. 1.12 Declarant. "Declarant" means Wigaard Smith Estates, or any Person or group of Persons acting in concert with Wigaard Smith Estates who: 1.12.1 As a part of a common promotional plan, offers to dispose of to a Purchaser such Declarant's interest in a Lot not previously disposed of to a Purchaser; or 1.12.2 Reserves or succeeds to any Special Declarant Right. 1.13 Declaration. "Declaration" means this Declaration of Covenants, Conditions and Restrictions for Wigaard Smith Estates, and any recorded instruments however denominated that create this Common Interest Community and also including, without limitation, the Plats of the Property recorded with the Clerk and Recorder of Weld County, Colorado, together with any amendments, supplements and replats. 1.14 1.15 Fines. "Fines" means any monetary penalty imposed by the 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 a tenant or guest of the Lot Owner or a member of a family of a tenant of a Lot Owner. 1.16 Improvements. "Improvements" means all of the following located or occurring on any Lot: residences, buildings, structures, fences, walls, hedges, plantings, landscaping, gardens, lighting, poles, driveways, sidewalks, walkways, patios, signs, changes in any exterior color or shape, screen door changes, excavation and site work, removal of trees or plantings, and any new exterior construction or exterior improvement on a Lot which may not be included in the foregoing. "Improvements" includes both original improvements and all later changes and improvements on a Lot. 1.17 Lot or Lots. "Lot" or "Lots" means a physical portion of the Property which is designated for separate ownership or occupancy, and the boundaries and identifying number of which are described in or determined from a declaration and a plat. "Lot" or "Lots" have the same meaning as the words "Unit" and "Units" used in the Act. Lots for Wigaard Smith Estates are depicted on the Wigaard Smith Estates P.U.D. attached as Exhibit B and incorporated by reference. 1.18 Member. "Member" means the Person, or if more than one, all Persons collectively, who constitute the Owner of a Lot. 1.19 Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 4 1.20 Neighborhood Standard. "Neighborhood Standard" means the standard of conduct, maintenance, or other activity generally prevailing in the Common Interest Community, or the minimum standards established under the governing documents applicable to the Common Interest Community, whichever is the higher standard. The Neighborhood Standard may contain both objective and subjective elements and may evolve as the needs and desires within the Common Interest Community change. 1.21 Owner or Lot Owner. "Owner" or "Lot Owner" means the Declarant or other Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. The Declarant is the Owner of any Lot created in any declaration and a plat until that Lot is conveyed to another Person. 1.22 Person. "Person" means any natural person, corporation, partnership, limited liability company, governmental entity, association, trust, or any other entity or combination thereof. 1.23 Plat. "Plat" or "Plats" mean collectively the plats of the Property recorded with the Clerk and Recorder of Weld County, Colorado, and all recorded amendments, corrections and replats. 1.24 Property. "Property" means the Initial Property described on Exhibit A. 1.25 Purchaser. "Purchaser" means a Person, other than the Declarant, who, by means of a transfer, acquires a legal or equitable interest in a Lot, other than: 1.25.1 A leasehold interest in a Lot of less than 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 1.25.2 A Security Interest. 1.26 Residence. "Residence" means a single-family residential dwelling constructed on a Lot. 1.27 Residential Use. "Residential Use" means use for dwelling and related recreational purposes but does not include uses intended for commercial income from, or service to, the public. 1.28 Rules and Regulations. "Rules and Regulations" means any instruments, however denominated, which are adopted by the Association for the regulation and management of the Property, including any amendment to those instruments. 1.29 Security Interest. "Security Interest" means an interest in real estate or personal property created by contract or conveyance which secures payment or performance 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 Weld County, Colorado, or other governmental authority having jurisdiction over the Common Interest Community. 1.30 Special Assessments. "Special Assessments" means the assessments for capital improvements described in Article 6.2 of this Declaration. 1.31 Special Declarant Rights. "Special Declarant Rights" means rights which Declarant has the right to exercise pursuant to the Act even though not required to be enumerated in the Declaration. Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 5 1.32 Special Declarant Rights Period. "Special Declarant Rights Period" means that period of time commencing on the date hereof and terminating automatically on the later of: (a) the date of conveyance by Declarant of the last Lot owned by Declarant to a Purchaser, or (b) the date that is ten (10) years after the date hereof, during which time Declarant retains and reserves certain special declarant rights as hereinafter set forth in this Declaration and in the Act. 2. SUBMISSION OF PROPERTY 2.1 Declaration. The Declarant declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the easements, covenants, conditions, and restrictions in this Declaration which are for the purpose of protecting the value and desirability of the Property, and which shall run with the land 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, Declarant submits 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. 2.2 Plat and Plans. In addition, the Property is subject to all matters appearing on the Plat and contained in any plans for the Common Interest Community on file with the Clerk and Recorder of Weld County. 3. COMMON INTEREST COMMUNITY 3.1 Name. The name of this Common Interest Community is Wigaard Smith Estates. 3.2 Association. The name of the Association is Wigaard Smith Owners Association, a Colorado nonprofit corporation. 3.3 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 situated is Weld County, Colorado. 3.5 Legal Description. The legal description of the Property initially included in the Common Interest Community is set forth in attached Exhibit A. 3.6 Maximum Number of Lots. The maximum number of Lots that the Declarant reserves the right to create within this Common Interest Community is eight (8). However, such number of Lots is not a representation or a guarantee as to the actual number of Lots that will ultimately be included in the Common Interest Community. 3.7 Boundaries of Lots. The boundaries and the identifying number of each existing Lot are set forth on the Plat of the Property. See Exhibit B. 3.8 Recording Data. All easements and licenses to which the Common Interest Community is presently subject to are listed on Exhibit C, attached and incorporated by reference. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. REFERENCED EASEMENTS: Thirty -Foot Emergency Access Easement, Permanent Service Easement, and Exhibit B shows Colorado Interstate Gas Company Easement 50' wide through Lots 1, 2, and 8. 75' wide transmission line easement 37.5* Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 6 each side of center line book 1299, page 201 60.00' right of way book 14, page 639 (30' each side of section line) 3.9 Common Elements. Common Elements are Annie Lane, Thirty -Foot Emergency Access Easement, Permanent Service Easement, Out Lot A, and Out Lot B. 4. ASSOCIATION 4.1 Powers and Authority. The Association shall manage the business and affairs of the Common Interest Community. To manage the Common Interest Community business and affairs, the Association shall have and may exercise with regard to the Common Interest Community all powers and authority of a lot owner's association under the Act (specifically including, without limitation, (i) the power to adopt and amend budgets for revenues, expenditures, and reserves and collect Assessments from the Owners of Lots within the Common Interest Community; and (ii) the power to assign its right to future income, including the right to receive Assessments, provided the Association determines that such assignment will not impair the ability of the Association to perform its duties under this Declaration). The Association may adopt Bylaws and/or Rules and Regulations. Additionally, the Association, acting through its Board, shall have the power, after notice and an opportunity to be heard, to levy reasonable Fines and penalties for violations of any provision of this Declaration, the Bylaws and Rules and Regulations. The remedies for collection of any such Fines and penalties shall be as provided in Article 6 below. 4.2 Membership and Allocation of Votes. All Lot Owners shall be members of the Association. The Association shall have one class of membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. 4.2.1 Majority Vote. Decisions of the Association shall be determined by a majority vote of the Membership present at a meeting and constituting a quorum. 4.2.2 Voting Rights. Each Lot shall be allocated one vote in the Association. When more than one 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 vote be cast with respect to any Lot. 4.2.3 Quorum. A quorum will consist of at least 20% of the total number of votes in the Association. 4.2.4 Management Agreements. The Association will be managed by the Lot Owners and the Board. The Membership may elect a President by majority vote. The Association may retain a professional management firm to manage the Association if agreed to by a majority of votes. The cost to retain a professional management firm shall be assessed to the Lot Owners. 4.3 Declarant Control. Subject to the limitations of §38-33.3-303 of the Act, the Declarant, or Persons designated by it, may appoint and remove the officers of the Association, and members of the Board for a period of ten years after the recordation of this Declaration. 4.4 Association's Executive Board. The Association's Executive Board shall be comprised of three Executive Board Members. Executive Board members need not be Members. Declarant hereby appoints Sherry Wigaard, VeLois Smith, Glenda Brewster, Derek Jenson and the current acting director of The Wild Animal Sanctuary (currently Pat Craig) as Executive Board Members. 4.4.1 Death of Original Declarants. If either Sherry Wigaard or VeLois Smith die before their Board membership terminates, their successor(s) to the Board are to be appointed by the Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 7 remaining executive board members. Only one member from the Wild Animal Sanctuary will be on the executive board at any given time. 4.4.2 Termination. Any Executive Board Member can be terminated at any time, with or without cause or reason by a two-thirds vote of the other Executive Board Members. If a Board Member is terminated under this section, the remaining Board Members shall appoint an interim Board Member to finish the terminated Board Member's term. Executive Board Member's right to terminate another Board Executive Member is not subject to a vote by the Membership. 4.4.3 Terms for Executive Board Members. Executive Board Member terms are two years. Executive Board Members are automatically terminated if they miss two or more meetings within a year. 4.4.4 Election of subsequent Board Members. Executive Board members shall be elected by the Members prior to the expiration of the existing Executive Board member's term. DOES THIS COMPLY WITH 2010 Agreement? 4.5 Bylaws. During the first annual meeting of the Association, the Association shall: 4.5.1 Adopt Bylaws governing operation and management of the Association so as to affect the purpose and spirit of these Covenants, 4.5.2 Elect a President of the Association by majority vote who shall have certain rights and duties as set forth in the Bylaws and agreed to by the Association. The right and duties include, but are not limited to, the right to contract on behalf of the Association and administer funds of the Association, provide for the enforcement of the obligation of the Lot Owners, including but not limited to enforcement of the Declaration and bylaws and imposition of fines. The Membership may establish a reasonable compensation amount payable to the President for performance of his or her duties. 4.6 Declaration of Covenants. This Declaration of Covenants shall be filed with the Clerk & Recorder for Weld County, Colorado prior to the marketing or sale of any Common Interest Community lots. 5. MAINTENANCE 5.1 Lots. Unless otherwise provided in this Declaration, the Owners shall be responsible for maintaining and repairing their Lots and all Improvements located on, in and under the Lots which are not otherwise the specific responsibility of the Association, in a manner that meets the Neighborhood Standard. The Association has the following maintenance, repair and replacement obligations for the Lots: 5.1.1 Common Elements. Annie Lane, Outlets A, B, the Thirty -Foot Emergency Access Easement, and Permanent Service Easement, as designated on the Plat, collectively referred to herein as "Common Elements" are free and clear of all liens and encumbrances. The Association Shall Maintain these and any other Common Elements. 5.1.2 Annie Lane. Annie Lane is a Weld County Right of Way and is the primary access for the Lots. The Association is responsible for maintaining and insuring Annie Lane, including snow removal. 5.1.3 Thirty -Foot Access Easement and Permanent Service Easement. The Thirty -Foot Emergency Access Easement and Permanent Service Easement are emergency access to Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 8 the Lots and permanent access to Out Lot B as designated on the Plat. The Association is responsible for maintaining and insuring these Easements. 5.1.4 Out Lot A. Out Lot A is designated as a distribution facility which is owned and maintained by the,Association. 5.1.5 Out Lot B. Out Lot B is gas production and shall be maintained by the Association. The Wild Animal Sanctuary will be responsible maintaining the 8ft area between the habitat fence and the wood fence boarding lots four and five. 5.1.6 Signage. Signage for the entrance into the subdivision shall be constructed and maintained by the Association. 5.1.7 Wells. Maintenance and operation of the two wells shall be performed by the Association. 5.1.8 Other Common Elements. All Common Elements are to be managed, operated, insured, maintained, and repaired by the Association. This includes any road, drainage structure, facility, or other public improvement by any governmental entity. Payments for the same are made by assessments collected. 5.2 Utilities. The Owners shall be responsible for maintenance, repair and replacement of the utility service lines located on their individual Lots unless such maintenance, repair and replacement are otherwise performed by the utility service providers. Owners shall consult with the Association before performing any such utility maintenance, repair, or replacement work in the event such work requires use or disturbance of any portion of and other Lots or other Association -owned property. 5.2.1 Water Filtration System. Must be discussed with builder as to meet homeowners needs. 5.3 Damage by Owner. Notwithstanding anything to the contrary contained in this Declaration, in the event the need for any Association maintenance, repair or replacement referenced above is caused by any act or omission of an Owner or a member of such Owner's family, or a guest, invitee or tenant of an Owner or a member of such tenant's family, the cost of such maintenance, repair or replacement, to the extent not covered by Association insurance, shall be the personal obligation of such Owner, and any costs, expenses and fees incurred by the Association for the same shall be assessed to such Owner as part of the Assessment in Article 6.1.1 below. 6.1.1 Common Expenses Assessments are assessed against all Lots, on an equal basis regardless of Lot size or any other factor. 6.1.2 Annual Common Expense Assessments shall be at a fixed rate sufficient to meet the needs of the Association subject to the budget in effect. 6.2 Special Assessments. In addition to the annual Common Expense Assessments authorized above, the Association may levy, in any fiscal year, one or more Special Assessments, payable over such period of time as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any part of the Property for which the Association is responsible, provided that any such Special Assessment shall have the assent of at least two-thirds of the votes of Lot Owner. who constitute a quorum at a meeting duly called for this purpose. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 9 6.3 Allocation of Assessments. Assessments shall be allocated to the Lots in the Common Interest Community as follows: Each Lot's share of the liability for Assessments shall be a fraction of the total Assessments, the numerator of which shall be one and the denominator of which shall be the total number of Lots within the Common Interest Community. 6.4 Commencement of Assessments. The obligation to pay Common Expense Assessments shall commence on the first day of the month immediately following the month in which the conveyance of the first Lot to a Purchaser occurs. The first installment of Common Expense Assessments for each Lot shall be prorated according to the number of days remaining in the period of that first installment and shall be prepaid to the end of such installment period at time of the initial conveyance. 6.6 Statement of Assessments. The Association shall, during business hours and for a reasonable fee as determined by the Board, furnish a statement setting forth the amount of unpaid Assessments against a Lot upon the request of the Lot Owner. The request and the Association's response shall be hand delivered, sent by facsimile or other electronic transmission, or mailed by first class mail, postage prepaid. The Association's failure to furnish such statement of Assessments within 14 days of receipt of a request shall cause the forfeiture of the Association's right to assert a lien of the priority provided by the Act upon the Lot for unpaid Assessments due as of the date of the request. 6.8 Personal Obligation. Each Lot Owner, by acceptance of the deed for any Lot, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay all Assessments. Such Assessments, including fees, charges, late charges, attorney fees, court costs, Fines and interest charged by the Association, shall be the personal, joint and several obligation of the Lot Owner at the time when the Assessment or other charges became due. The personal obligation to pay any sums due the Association shall not pass to a successor in title unless expressly assumed by the successor. 6.9 Default. Any Assessment, Fine, charge, fee, or penalty provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within 10 days after the date due shall bear interest at 18% per annum or at such other lawful rate as may be set from time to time by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment, Fine, charge, interest, late charge, fee, or penalty of the Association shall also be obligated to pay to the Association all costs and expenses incurred by the Association, including reasonable attorneys' fees, in collecting the delinquent amount, whether or not suit is filed. The total amount due to the Association, including unpaid Assessments, Fines, fees, charges, penalties, interest, late payment charges, costs and attorneys' fees shall constitute a continuing lien on the defaulting Owner's Lot, which lien shall have such priority, rights and characteristics as provided in the Act. The Association may bring an action, at law or in equity, or both, against any Owner personally obligated to pay any amount due to the Association 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 delinquent Owner to recover a money judgment for unpaid amounts due to the Association may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Foreclosure or attempted foreclosure of the Association's lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent amount due to the Association. Additionally, if any Owner does not timely pay Assessments, the Association in its discretion may suspend the voting rights of the Owner during the period of default. The Association maintains its right seek all legal and equitable remedies, including injunctive relief, specific performance, and damages. The Association may recover sums due as part of a Common Expense Assessment, including attorney's fees and costs, foreclose, or take a deed in lieu of foreclosure. If a holder of a interest forecloses the security interest, the purchase at the foreclosure sale is liable for the Common Expenses Assessment. Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 10 6.10 Homestead. The lien of the 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 any Lot subject to this Declaration constitutes a waiver of the homestead exemption as against the Assessment lien. 6.11 No Offsets. All Assessments shall be payable as specified by the Association, and no offset or reduction shall be permitted for any reason including, without limitation, any claim that the Association or its Board is not properly performing its duties or exercising its powers under this Declaration. 6.12 Capitalization of Association. Each time a Lot is sold, the Purchaser, at closing, shall make a contribution to the working capital of the Association in an amount equal to 3/12ths of the annual Common Expense Assessment for the year in which the closing occurs. This amount shall be in addition to, not in lieu of, the annual Common Expense Assessment and shall not be considered an advance payment of such Assessment. This amount shall be disbursed to the Association for payment of Common Expenses. 6.13 Utilities. 6.13.1 Utility Service. As used in this Article 6.13, the term "utility service" refers to any of the following services provided to a Lot: water, sewer, gas, electricity and communications (including, without limitation, telecommunications, internet and television). 6.13.2 Separately Metered. For any utility service that is separately metered and billed directly to each Owner, the Owner shall be responsible for payment of such bill. If any utility service is separately metered or sub -metered for each Lot but the Association receives the bill for such service, the cost of service shall be allocated among the Lots based on the metered usage of each Lot and billed to each Owner as part of that Owner's Common Expense Assessment. 6.13.3 Not Separately Metered. If any utility service is provided to more than one Lot by a single meter or for a single charge, the charges for such utility service shall be divided on such basis as the Board, in its sole discretion, determines to be fair and equitable among the Lots served by the single meter or for the single charge. The resulting charge for each Lot so served shall be added to the Common Expense Assessment levied on the accounts of the Lots serve. Water is separate, each lot has own trash service 7. USE AND OTHER RESTRICTIONS 7.1 Declaration. All restrictions applying specifically to the Property are set forth below. 7.2 Construction and Appearance. 7.2.1 Each Lot shall be kept in a clean, safe, and attractive condition that complies with the Neighborhood Standard. 7.2.2 Each Lot is limited to one, well -constructed residence. All construction must be completed in accordance with the Weld County Building Code and in compliance with Weld County "Estate" Zone District. 7.2.3 No temporary structure or unfinished portion of any building including basement, garage, or dwelling shall be occupied prior to receipt of a Certificate of Occupancy issued by Weld County. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 11 7.2.4 of construction. Any building commenced must be fully completed within one year from the start 7.2.5 Pastures must be kept weed -free to allow maximum growth for grass and trees. If a Lot Owner neglects to mitigate weed growth, the Association shall hire a contractor to remove the weeds at the Lot Owner's expense. 7.2.6 Weld County Health Department and Colorado State Water Pollution Control have the right to approve the type of sewer disposal system to be used on each Lot. Each sewer disposal system must be engineered in conformity with these jurisdictions' requirements. Certain Lots may not be suitable for normal septic systems. It is the responsibility of each Lot Owner to work with these regulatory agencies to ensure proper installation, inspection, and approval. 7.2.7 Each home will be at least 1800 square feet. Thirty percent of the homes' front elevation will be stone. Driveways must be constructed with either crushed concrete or recycled asphalt. 7.2.8 Each Lot Owner may construct one Outbuilding of high -quality construction in harmony with the Lot and surrounding dwellings, and in accordance with Weld County Building Code. Outbuildings shall not exceed 2500 square feet. 7.2.9 To the extent Lot Owners wish to construct any improvement for the benefit of less than all Lot Owners, including but not limited to, driveways and ditches, and to the extent that said improvement is a not a result of compliance with governmental regulation, the cost to design, construct and maintain such improvement shall be shared equally by the benefiting Lot Owners. 7.2.10 Fencing. All fence will be presented to the HOA for approval by the design committee. Fence designed must be submitted and approved 30 days in advance of construction. 7.2.10.1 Fencing must be installed between Lots. The cost of building, reasonable repair, and maintenance of adjoining fence shall be shared by the Lot Owners. The Owners and occupants of each of the Lots on which fence is located shall cooperate regarding repairs to such fence. 7.2.10.3 Both Lot Owners must approve the cost and type of fence prior to installation. If the Lot Owners cannot agree, both Lot Owners must agree to binding mediation. After agreement, if any Lot Owner fails to pay their share of the cost of construction within thirty days after demand by the adjoining Lot Owner, said adjoining Lot Owner may construct the agreed upon fence and shall be entitled to assess and collect the cost attributable thereto against the non- paying Lot Owner's Lot, upon which interest shall accrue at eight percent calculated on a monthly basis 7.2.10.4 If a fence is destroyed or damaged by fire or other casualty, both Lot Owners fence shall restore it, subject to any rule of law regarding liability for negligent or willful acts or omissions. 7.2.10.5 Notwithstanding any other provision of this Article, an Owner who by his or her negligence or willful acts causes the fence to be damaged shall bear the entire cost of repairing such damage. The Owner causing such damage shall, within 48 hours, commence to repair or reconstruct the damaged fence to its original condition and shall diligently complete all such repairs and reconstruction. If such Owner shall fail to do so, then the Owner of the other Lot abutting such fence may do so at the sole cost and expense of the Owner causing such damage. Each Lot Owner shall have a perpetual and reciprocal easement in and to the adjoining Lot Owner's Lot to Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 12 accommodate repair, rebuilding, and maintenance of the fence with reasonable, advance notice and at reasonable times. 7.2.10.6 In the event of a dispute arising concerning the provisions of this Article, each Owner shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators. Costs of the arbitration shall be equally divided among the Owners. The decision and judgment of the arbitrators shall be enforceable according to the Colorado rules pertaining to arbitration. 7.2.10.7 Declarant and The Wild Animal Sanctuary shall erect an eight feet tall fence across the entire western boundary line between Lots 4 and 5. This fence must be erected prior to marketing and sale of any Lots. Declarant is responsible for paying eighty -percent of the total cost of this fence. The Wild Animal Sanctuary is responsible for paying 20% of the total cost of this fence. 7.3 Vehicular Parking, Storage and Repairs. 7.3.1 All Vehicles, trailers, boats, tractors, campers, buses, cars, equipment, etc. Must be current registration. No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Common Interest Community unless parked or stored within a garage or Outbuilding on a Lot. An "abandoned or inoperable vehicle" shall be defined by Colorado statutes governing inoperable or abandoned vehicles on public streets, or as defined by Rules and Regulations adopted by the Board. In the event that the Association determines that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally delivered to the Owner of the Lot where located or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing and storage charges. No more than 4 vehicles, trailers, boats, tractors, campers, buses, cars, equipment, etc. shall be parked where visible from Annie Lane or adjoining Lots 7.2 RESTRICTION ON SIGNS AND ADVERTISING DEVICES. ANY AND ALL FLAGS MUST BE APPROVED BY THE HOA IN WRITING. AMERICAN FLAGS CAN BE DISPLAYED. No sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Common Interest Community except any sign or signs as may be approved in writing by the Board and the Association or allowed by the Act, and one sign of not more than three square feet advertising the subject Lot for sale or rent. 7.6 Legal Compliance. All Owners and all other Persons shall comply with all applicable federal, state, and local statutes, ordinances, laws, regulations, rules, and requirements of all governmental and quasi -governmental entities, agencies, and authorities. 7.7 Residential Use. All Lots shall be used for private Residential Use consistent with Weld County "estate" zoning regulations. No building erected or maintained on a Lot within the Property shall be used or occupied for any purpose other than for a Residence. No business or commercial building may be erected on any Lot, and no business or commercial enterprise or other non - Residential Use may be conducted on any part of a Lot, except as provided herein. Notwithstanding the foregoing: 7.7.1 Activities associated with the sale of Lots shall be allowed. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 13 7.7.2 In -home businesses not involving visits to the Property by customers or employees shall be allowed if permitted under applicable zoning and other regulations so long as such activities are conducted solely within the Residence or Outbuilding and do not create or result in any offensive or noxious activities or constitute a nuisance. There shall be no evidence of an in -home business visible from the outside of the Residence. 7.8 Nuisance and Waste. No noxious or offensive activity shall be permitted in or on any Lot or on any other portion of the Property, nor shall anything be done therein which may be or become an annoyance or nuisance to any Owner. No waste shall be committed on any Lot or any other part of the Property. 7.8.1 Gasoline or fuel, or other chemicals or solvents such as paint thinner, motor oil, and cleaning chemicals may be maintained on an incidental basis on a Lot in an aggregate amount not to exceed ten (20) gallons. No elevated tanks or appurtenances of any kind shall be erected, placed, or permitted on any part of the Property. 7.8.2 No portion of the Property shall be used for dumping or storing trash, garbage, manure, or other waste. Trash, garbage, manure, and other waste shall be kept in sanitary containers and disposed of weekly. 7.9 Annoying Sounds, Lights, or Odors. No sound or odor shall be emitted from the Property which is noxious or unreasonably offensive to others. Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, other than security devices used exclusively for security purposes, shall be located or used on any property except with the prior written approval of the Board, and no loud or obnoxious sounds shall be emitted from any Lot or part of the Property at any time. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any Lot which is unreasonably loud or annoying. NO FIREWORKS, NO SHOOTING $500 offense 7.10 Restriction on Further Subdivision. No Lot upon which a Residence has been constructed shall be further subdivided or separated into smaller lots by any Owner, and no portion consisting of less than all of any such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. 7.11 Animals. Animal pets may be kept on Lots subject to existing local ordinances. It shall be the obligation of each Owner owning a pet to control it in accordance with such ordinances, and to pick up and properly dispose of pet waste. Each Owner shall have the right to keep household pets in accordance with any Rules and Regulations promulgated by the Board, and such right shall be coupled with the responsibility to pay for any damage caused by such pets, as well as any costs incurred by the Association as a result of such pets, and any such damages and costs shall be subject to all of the Association's rights with respect to the collection and enforcement of Assessments as provided in this Declaration. All 4-H animals according to Weld County regulations are approved. Any other animal must be approved by HOA. No more than 50 CHICKENS unless approved by HOA 7.11.1 No pet of any kind shall be permitted which is determined by the Board to make an unreasonable amount of noise or odor, to be offensive or hazardous, or to be a nuisance. All household pets shall be controlled by their owner, who shall be responsible for collecting and properly disposing of any animal waste on a weekly basis. Lot Owners are responsible for their animals at all times. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 14 7.11.2 All Lot Owners must provide shelter, quality feed, clean water, and proper fencing for their animals at all times. All animals must be well taken care of in the reasonable discretion of the Association. 7.11.3 Horses and other animals are allowed to graze on the pasture but must be fed supplementally. 7.11.4 corrals. A Lots must comply with Weld County regulations regarding setbacks and 7.12 Hazardous Activities. No activities shall be conducted within the Property which are or might be unsafe or hazardous to any Person or property. Without limiting the generality of the foregoing, no firearms shall be discharged, and no open outdoor fires shall be lighted or permitted within the Property except in a contained barbecue unit which is attended and in use for cooking purposes, or within a safe and well -designed exterior fireplace. 7.13 Rules and Regulations. In furtherance of the provisions of this Declaration and the general plan of development for the Common Interest Community, Rules and Regulations concerning and governing the Common Interest Community or any portion thereof may be adopted, amended, or repealed from time to time by the Board, or its successors and assigns. The Board may establish and enforce penalties for the infraction thereof 7.14 Special Use Restrictions on Lot 4 and Lot 5. Lot 4 and Lot 5 abut The Wild Animal Sanctuary. All current and future Owners of these Lots will not erect, build, or temporarily place structures or other items against or within twenty feet of the privacy fence erected on the border between said Lots and The Wild Animal Sanctuary's property. Utilizing any building, structure, or other elevated object to enable viewing of the animals in The Wild Animal Sanctuary is prohibited. 8. SPECIAL DECLARANT RIGHTS 8.1 Special Declarant Rights. Subject to the limitations of the Act, Declarant reserves the right for the maximum time limit allowed by law (or, to the extent no such time limit is fixed by law, for a period of 10 years after recordation of this Declaration unless a different period is specified below) to perform the acts and exercise the rights specified below ("Special Declarant Rights"). Declarant's Special Declarant Rights include the following: 8.1.1 Completion of Improvements. The right to construct and complete improvements within the Common Interest Community. 8.1.2 Construction and Access Easements. The right to use easements through the Common Interest Community for the purpose of making improvements and to provide access within the Common Interest Community. 8.1.3 Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any Executive Board member for the period of Declarant Control referenced in Article 4.3 above. 8.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth above, Declarant reserves the following additional rights ("Additional Reserved Rights") for the time specified in Article 8.1: 8.2.1 Amendment of Declaration. The right to amend the Declaration in connection with the qualification or continued qualification for loan guarantees, and for compliance with any lending Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 15 or financing requirements or programs. Declarant shall also have the right to amend this Declaration to comply with the requirements of the Act in the event any provision contained in this Declaration does not comply with the Act, and also to correct typographical errors. 8.2.2 Amendment of Map. The right to supplement or amend the Map. 8.2.3 Architectural Control. The right to approve the plans, specifications, and materials for construction of any Residence not oonstructed by Declarant or an affiliate of Declarant, which approval shall be in the sole and absolute discretion of Declarant. 8.2.4 Other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration. 8.3 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of the Declarant may be transferred to any Person by recording an instrument describing the rights transferred. Such instrument shall be executed by the transferor Declarant and the transferee. 9. RESERVATION OF DEVELOPMENT RIGHTS [deleted] 10. INSURANCE 10.1 Association Insurance. 10.1.1 Required Coverage. The Association, acting through the Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance if reasonably available or, if not reasonably available, the most nearly equivalent coverages as are reasonably available. All polices of insurance purchased by the Association shall adhere to current Agency requirements, including, but not limited to, the carrier of such insurance meeting current Agency rating requirements, and notwithstanding the provisions of this Article 10, the Board shall purchase such insurance in conformance with such Agency requirements. 10.1.1.1 The Association may elect to carry property insurance on the Common Elements. 10.1.1.2 Commercial general liability insurance, insuring the Association and the Owners against damage or injury caused by the negligence of the Association or any of its Members, employees, agents or contractors while acting on its behalf If generally available at reasonable cost, the commercial general liability coverage (including primary and any umbrella coverage) shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury and property damage. Such commercial general liability insurance must provide that: 1. Each Lot Owner is an insured person under the policy with respect to liability arising out of such Lot Owner's interest in the common elements (if any) or membership in the association; 2. The insurer waives its rights to subrogation under the policy against any Lot Owner or member of a Lot Owner's household; 10.1.1.2.3 No act or omission by any Lot Owner, unless acting within the scope of such Lot Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 16 10.1.1.2.4. If, at the time of a loss under the policy, there is other insurance in the name of a Lot Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 10.1.1.3 Workers' compensation insurance and employer's liability insurance to the extent required by law. 10.1.1.4 Directors' and officers' liability coverage in an amount determined by the Board providing coverage for the members of the Board including all members of the Board appointed by Declarant; there shall be no developer/Declarant exclusion within this insurance. 10.1.1.5 Fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's business judgment but not less than 3 months' Assessments plus all reserves on hand and containing a waiver of all defenses based upon the exclusion of Persons serving without compensation. 10.1.1.6 Such additional insurance as the Board determines advisable, which may include, without limitation, automobile insurance, flood insurance, boiler and machinery insurance and building ordinance coverage. 10.1.1.7 The Association may carry additional insurance covering its maintenance obligations as to areas maintained by the Association but located within or upon the Lots. 10.1.2 Policy Requirements. All Association policies shall provide for a certificate of insurance to be furnished to the Association and upon request, to any Owner or Mortgagee. Premiums for all insurance maintained by the Association shall be a Common Expense and shall be included in the Common Expense Assessment. In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines after providing Notice and Hearing, that the loss is the result of the recklessness or willful misconduct of one or more Owners (or an Owner's Agent or Guest), then the Association may specifically assess the full amount of such deductible against such Owner(s) and their Lot(s) as an Individual Assessment pursuant to Section 5.4(b) above. If feasible, all insurance coverage obtained by the Association shall: 10.1.2.1 Be written with companies authorized to do business in the State of Colorado; 10.1.2.2 Be written in the name of the Association as trustee for the Association and the Members; 10.1.2.3 Be written as a primary policy, not contributing with and not supplemental to the coverage that any Owners, occupants or their Mortgagees may carry individually; 10.1.2.4 Include an inflation guard endorsement, as applicable; 10.1.2.5 Include an agreed amount endorsement, if the policy contains a co-insurance clause; 10.1.2.6 Include an endorsement precluding cancellation, invalidation, suspension or non -renewal by the insurer on account of any curable defect or violation or any act or omission of any Owner, without prior written demand to the Association to cure the defect, violation, act or omission and allowance of a reasonable time to effect such cure; Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 17 10.1.2.7 Include an endorsement precluding cancellation, invalidation or condition to recovery under the policy on account of any act or omission of any Owner, unless such Owner is acting within the scope of its authority on behalf of the Association; and 10.1.2.8 Include an endorsement requiring at least 30 days prior written notice to the Association of any cancellation, substantial modification or non -renewal. 10.1.3 Other Policy Provisions. In addition, the Association may use reasonable efforts to secure insurance policies that provide: 10.1.3.1 A waiver of subrogation as to any claims against the Board, the officers or employees of the Association; 10.1.3.2 A waiver of the insurer's rights to repair and reconstruct instead of paying cash; 10.1.3.3 An endorsement excluding Owners' individual policies from consideration under any "other insurance" clause; 10.1.3.4 A cross liability provision; and 10.1.3.5 A provision vesting in the Association exclusive authority to adjust losses; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in settlement negotiations, if any, related to such losses. 10.2 Owner InsuranceEach Owner, at their sole cost and expense, shall (a) carry property insurance on all portions of their Lot and all Improvements thereon (including, but not limited to, the Residence) in an amount not less than 100% of the full replacement cost thereof, and (b) carry general liability insurance providing coverage for bodily injury and property damage for the benefit of the Owner in amounts and with coverage as are from time to time customarily maintained by prudent owners of similar property. Upon taking title to a Lot, an Owner shall provide the Board with certificates of the foregoing insurance. In addition, at the request of the Board or any other Owner of a Lot within the same building, the Board shall have the right to confirm that the Owner(s) is carrying the insurance required by this Section 10.2. 10.3 Deductibles. The Association, acting through its Board, shall determine reasonable deductibles for any insurance policy carried by the Association under this Article. The Association shall have the right to assess the cost of any deductible paid by the Association against a negligent or otherwise responsible Owner who causes the loss. Such deductible shall be assessed against the responsible Owner as part of the Common Expense Assessment for that Owner. 11. EASEMENTS 11.1 Declarant's Easement. Declarant has such an easement through the Property as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Special Declarant Rights. In particular, Declarant reserves the right to perform construction work and store materials on Lots, the future right to control such work, and the right of access until its completion. All work may be performed by Declarant without the consent or approval of any Lot Owner or Mortgagee. Declarant's easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, storm drainage improvements, and other facilities on the Property for the purpose of furnishing utility and other services to the Common Interest Community. Declarant's easement also includes the right to grant easements to public utility companies and to convey improvements within those easements. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 18 11.2 Association Easement Rights. The Association shall have an easement across and upon on all Lots as referenced in Article 5.5 above. 11.3 Easement for Encroachments. In the event any Improvements located on a Lot encroach upon another Lot as a result of the construction, reconstruction, repair, shifting, settlement or movement of any portion of the Improvements, a valid easement for such encroachment and for the repair and maintenance of the same shall exist in favor of the Lot Owner whose Improvements are encroaching so long as the encroachment exists. Such encroachments and easements shall not be considered to impair or otherwise adversely affect the marketability of title to the Lots. 11.4 Utility Easements. There is hereby created a blanket utility easement upon, across, over and under all of the Common Interest Community for ingress, egress, installation, replacement, repair and maintenance of all utilities including, without limitation, water, sewer, gas, telecommunications, data transmission, cable television and electricity. By virtue of this easement it shall be expressly permissible for a utility service provider to install meters, boxes, lines and other related improvements on the exterior walls of the Residences. No Structures or other materials shall be placed or permitted to remain in an area that interferes with the purpose of the Utility Easements. Fences crossing the easement shall have a gate. 12. MORTGAGEE PROTECTION 12.1 Introduction. This Article establishes certain standards and covenants which are for the benefit of the holders, insurers, and guarantors of certain Security Interests. This Article is supplemental to, and not in substitution for, any other provisions of the Declaration, but in the case of conflict, this Article shall control. 12.2 Notice. Each First Mortgagee, upon written request to the Association, shall be entitled to receive the following and otherwise examine at reasonable times the books and records of the Association for a period of one year following the date of such request: 12.2.1 Budgets, notices of Assessments or any other notice or statement provided under this Declaration by the Association to the Owner of the Lot subject to the First Mortgagee's First Security Interest. 12.2.2 Any financial statement of the Association which is prepared for distribution to the Owners, within 90 days following the end of any fiscal year. 12.2.3 Notices of meetings of the Owners. 12.2.4 Notice of all material amendments ("Material Amendments") to this Declaration, the Bylaws or the Articles of Incorporation of the Association. Material Amendments to this Declaration include adding, deleting, or modifying any provision regarding the following: • assessment basis or assessment liens; any method of imposing or determining any charges to be levied against Lot Owners; reserves for maintenance, repair or replacement of portions of the Common Interest Community for which the Association is responsible; maintenance obligations; any scheme of regulation or enforcement of standards for maintenance, architectural design or exterior appearance of Lots; reduction of insurance requirements; the addition, annexation or withdrawal of land or from the Common Interest Community; Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 19 • voting rights; • restrictions affecting leasing or sale of a Lot; or • any provision which is for the express benefit of First Mortgagees. 12.2.5 Notice of any extraordinary actions ("Extraordinary Actions") of the Association. Extraordinary Actions include the following: merging or consolidating the Association (other than with another non-profit entity formed for purposes similar to the Association); determining not to require professional management if that management has been required by the Common Interest Community's governing documents, a majority of First Mortgagees, or a vote of Owners holding a majority of votes in the Association; expanding the Association to include land not within the Development Property which increases the overall Common Interest Community or number of Lots by more than 10%; using insurance proceeds for purposes other than construction or repair of the insured improvements; or making capital expenditures (other than for repair or replacement of existing improvements) during any period of 12 consecutive months costing more than 20% of the annual operating budget. 12.2.6 Notice of any condemnation loss or any casualty loss which affects any Lot on which the First Mortgagee holds a First Security Interest. 12.2.7 Notice of any delinquency of at least 60 days in the payment of Assessments and any other default under this Declaration of the Owner of a Lot in which the First Mortgagee holds a First Security Interest. 12.2.8 Notice of any proposed termination of the Common Interest Community. 12.2.9 Notice of any lapse, cancellation or material modification of any insurance policy maintained by the Association pursuant to this Declaration. 12.2.10 Notice of any proposed action that requires the consent of a specified percentage of First Mortgagees. 12.2.11 Any other notice or copy provided for elsewhere in this Declaration. 12.3 Form of Request. The request of a First Mortgagee shall specify which of the above it desires to receive or examine and shall indicate the address to which any such notice or document shall be sent by the Association. Failure of the Association to provide any of the foregoing to a First Mortgagee who has made a proper request shall not affect the validity of any action which is related to any of the foregoing. The Association need not inquire into the validity of any request made by a First Mortgagee, and in the event of multiple requests from purported holders of the same interest, the Association shall honor the most recent request received. 12.4 Rights of First Mortgagees. Notwithstanding any other provisions of this Declaration, unless at least 67% of the First Mortgagees (based upon one vote for each mortgage owned) have given their prior written approval, the Association shall not be entitled to: 12.4.1 Terminate the Common Interest Community for reasons other than substantial destruction or condemnation of the Lots. Declaration of Covenants, Condition and Restrictions — Wigaard Smith Estates 20 12.5 Failure to Respond. Any First Mortgagee who fails to deliver to the Association a written negative response within 60 days after the First Mortgagee receives a request for approval of any matter set forth in this Article or Article 16.5.2 sent to the First Mortgagee via certified mail, return receipt requested, and provided the Association has otherwise complied with any additional notice requirements under Colorado law, shall be deemed to approve of such matter. 13.4 Mandatory Arbitration of Claims. 13.4.1 Subject to the requirements of Article 14.5 below regarding any Claim brought by the Association, if any Claimant wishes to pursue a Claim against a Respondent that has not otherwise been resolved under Article 14.2 above or through any additional negotiations between Claimant and Respondent, then Claimant is entitled to initiate, and the Claim shall be resolved by, final, binding arbitration under the auspices of the American Arbitration Association ("AAA") (or any other organization agreed to in writing by Claimant and Respondent). By way of clarification, any unresolved Claim may only be resolved by mandatory arbitration as provided in this Article and not through a Court proceeding. The arbitration will be conducted in accordance with the AAA's Construction Industry Arbitration Rules then in effect. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any Court having jurisdiction over such Claim. Unless otherwise agreed to by Claimant and Respondent, there shall be one arbitrator who, to the extent feasible, shall have expertise in the area(s) of dispute. 13.4.2 Claimant and Respondent shall each bear its own costs and expenses including attorneys' fees and an equal share of the arbitrator's fees and any administrative fees associated with the arbitration. Notwithstanding the foregoing, if either party to the arbitration unsuccessfully contests the validity or scope of arbitration in Court, the arbitrator or the Court shall award reasonable attorneys' fees and expenses incurred in defending such contests, including those incurred at trial and on appeal, to the non -contesting party. All decisions respecting the arbitrability of any Claim shall be decided by the arbitrator. 13.4.3 The award of the arbitrator shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of Claimant and Respondent. 13.5 Notice to Owners and Approval of Association Action. If the Association, acting through its Board, wishes to pursue arbitration of a Claim against a Respondent under Article 14.4 above, the Board first shall comply with the notice and meeting requirements of C.R.S. §38-33.3-303.5 (as such statute may be subsequently amended), and obtain Owner approval as also required by such statute prior to initiating arbitration against a Respondent for a Claim. 13.6 Inconsistencies. In the event of any inconsistency between the provisions of this Article 14 and other provisions of this Declaration, the Article 14 provisions shall control. 14. DRAINAGE AND SOILS CONDITIONS 14.1 Acknowledgment. The soils within Colorado consist of both expansive soils and low -density soils which will adversely affect the integrity of a Residence or other structure if the Residence, the other structures and the Lot on which they are constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low -density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 21 14.2 Disclaimer. The Declarant, as well as its members and its managers, shall not be liable for any loss or damage to any Residence or other structure or to any Person, caused by, resulting from, or in any way connected with soil conditions on any Lot, including, by example and not limitation, expansive soils. 14.3 Moisture. Each Owner of a Lot shall use such Owner's best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the Residence constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the Residence or other Residences. 14.4 Grading. Each Owner of a Lot shall maintain the elevation, grading, and drainage patterns of the Lot as indicated in the subdivision plans on file or to be recorded with Weld County. 14.5 Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on or passing through the Lot from reaching the drainage courses established for the Lot and the Common Interest Community. 14.6 Actions by Owners. By accepting title to a Lot, each Owner covenants and agrees: 14.6.1 Not to install Improvements, including, but not limited to, landscaping, items related to landscaping, earth berms, walls, walks, driveways, parking pads, patios, fences, Residences, additions to a Residence, outbuildings, or any other item or Improvement which will change the grading and drainage patterns of the Lot or any other area of the Common Interest Community. 14.6.2 Not to alter, obstruct, or obliterate, in any manner, any drainage swales, pans, easements, or channels located or installed, or required to be located or installed, upon the Property pursuant to established drainage plans. 14.7 Radon Gas. Elevated levels of naturally occurring radon gas may be present in some residential structures in Colorado. Governmental authorities have voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Each Owner is responsible to conduct such Owner's own investigation and consult with such experts as such Owner deems appropriate with respect to the presence or absence of radon gas in the soil on that Owner's Lot. Furthermore, each Owner shall be solely responsible for the mitigation of radon gas on such Owner's Lot. The Declarant, its members and managers, and the builder of the initial Residence on a Lot shall not be liable for the existence of radon gas in any Residence, for any loss or damage to any Residence or other structure, or for any injury to any Person caused by, or resulting from, or in any way connected with the existence of radon gas on any Lot. 15. MISCELLANEOUS PROVISIONS 15.1 Enforcement/Attorneys' Fees. Enforcement of any provision of this Declaration, the Act, the Bylaws, and any Rules and Regulations shall be by appropriate proceedings at law or in equity against those Persons violating or attempting to violate any such provision. Such proceedings may be for the purpose of removing a violation, restraining or enjoining a future violation, recovering damages or other amounts due for any violation, foreclosing a lien, obtaining such other and further relief as may be available, or any combination thereof. Such proceedings may be instituted by an Owner or by the Association. Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 22 If an Owner fails to timely pay Assessments or any other sums due to the Association, the Owner shall reimburse the Association for its collection costs and reasonable attorneys' fees incurred as a result of such failure without the necessity of commencing a legal proceeding. If an Owner violates any provision of this Declaration, the Act, the Bylaws or any Rules and Regulations, other than the payment of Assessments or any sums due to the Association, the violating Owner shall pay all costs and reasonable attorneys' fees incurred by the Association or any other Owner adversely affected by the violation without the necessity of commencing a legal proceeding. In any civil action to enforce or defend the provisions of this Declaration, the Act, the Bylaws or any Rules and Regulations, the Court shall award reasonable attorneys' fees and costs to the prevailing party. In addition, the Association may levy Fines. The failure to enforce any provision of this Declaration, the Act, the Bylaws and the Rules and Regulations shall not preclude or prevent the enforcement thereof for a further or continued violation, whether such violation shall be of the same or of a different provision. 15.2 Severability. If any provision or term of this Declaration is invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. 15.3 Conflict. If there is any conflict between the Declaration and the provisions of the Act, the provisions of the Act shall control. In the event of a conflict between this Declaration and the Bylaws, the Declaration shall control. In the event of a conflict between this Declaration and the Association's Articles of Incorporation, the Declaration shall control. 15.4 Duration. The covenants, conditions and restrictions of this Declaration shall run with the Property, shall be binding on all Lot Owners, their legal representatives, heirs, successors and assigns, and shall be in effect for thirty years from the date these Covenants are recorded with the Clerk and Recorder of Weld County, Colorado, after which time they will be extended for ten years unless amended or terminated by a vote of a majority of Lot Owners.. 15.5 Amendment and Extraordinary Actions. 15.5.1 General Amendments. Except as otherwise provided in this Declaration or the Act, this Declaration may be amended (by either modifying or deleting any existing provisions, or by adding new provisions) or terminated at any time by a written and recorded amendment which has been approved by a two-thirds vote of the Lot Owners. 15.5.2 Amendments Adverse to First Mortgagees. In addition to the amendment requirements of Article 15.5.1, as currently required by Fannie Mae and for so long as such Fannie Mae requirement remains in place, any amendments of a material adverse nature to First Mortgagees must be approved in writing by 51% of the First Mortgagees (based on one vote for each mortgage owned) with such approval governed by Article 13.5 above. Amendments of a material adverse nature to First Mortgagees specifically exclude, without limitation, amendments resulting from the exercise of Declarant's Special Declarant Rights and Additional Reserved Rights under this Declaration, and amendments regarding the Owners' rights to vote. 15.5.3 Extraordinary Actions Any Extraordinary Actions (as defined in Article 13.2.5 above) must be approved by vote of the Owners of Lots to which at least two-thirds of the votes in the Association are allocated including the approval by Owners of Lots other than Declarant to which at least a majority of the votes in the Association are allocated. 15.5.4 Special Procedural Requirements for Material Amendments and Extraordinary Actions. Any Material Amendments or Extraordinary Actions (as defined in Articles 13.2.4 and 13.2.5 respectively) may be approved by written mail -in ballot as provided in the Bylaws and by Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 23 Colorado law, or by a vote taken at a meeting of the Owners. In the event approval is sought at a meeting of the Owners, and not withstanding any provisions in the Bylaws or in Colorado law to the contrary, (a) at least 25 days advance notice of the meeting must be given to all Owners, (b) the meeting notice must state the purpose of the meeting and contain a summary of any Material Amendments or Extraordinary Actions proposed, (c) the meeting notice must include (or be accompanied by) a proxy that can be cast in lieu of attendance at the meeting, and (d) the required quorum at such meeting is at least 20% of the total number of votes in the Association. 15.5.5 VA Approval of Material Amendments and Extraordinary Actions. During any period of Declarant Control, all Material Amendments and Extraordinary Actions must have the approval of VA if VA has guaranteed any loan secured by a Lot. Additionally, during any period of Declarant Control, Declarant shall provide a copy of all Declaration amendments to VA if VA has guaranteed any loan secured by a Lot. 15.6 Notice. Unless otherwise required by this Declaration or the Act, 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 shall be hand delivered or sent by United States mail, first class with postage prepaid, to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Such notice shall be deemed given when hand delivered or, if mailed, three days after being deposited in the United States mail. 15.7 Waiver. No provision in this Declaration is waived by reason of any failure to enforce the provision, regardless of the number of violations or breaches which may occur. 15.8 Limited Liability. Neither Declarant, the Association, the Board nor any member, agent or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter in which the action taken or failure to act was in good faith and without malice. Such parties shall be reimbursed by the Association for any costs and expenses, including reasonable attorneys' fees, incurred by them with the prior approval of the Association, (which approval shall not unreasonably be withheld) as a result of the threatened or pending litigation in which they are or may be named as parties. 15.9 Disclaimer Regarding Security. Neither the Association nor Declarant shall be considered in any way insurers or guarantors of security within the Common Interest Community, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of any security measures undertaken. Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Residence that the Association, its Board and the Declarant are not insurers of safety within the Common Interest Community and that each Person using the Common Interest Community assumes all risk of personal injury and loss or damage to property, including Residences and the contents of Residences, resulting from acts of third parties. 15.10 Non -Potable Water Disclosure. Non -potable water may be used for irrigation of landscaping improvements on the Lots. Non -potable water is not fit for human consumption. Owners should take appropriate precautions to prevent any person from drinking non -potable irrigation water or otherwise making use of such water which may be damaging to a person's health. To the extent such water may be harmful to animals kept on any Lot, Owners should also take appropriate precautions to prevent any animal from drinking any non -potable irrigation water or otherwise exposing the animal to such water in a manner which would be damaging to the animal's health. Neither Declarant nor the Association shall be liable for any claims resulting from the use of the non -potable irrigation water within the Common Interest Community, and by accepting a deed to the Lot, the Lot Owner knowingly and voluntarily waives any such claims against the Declarant, its assignees and the Association. Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 24 15.11 Miscellaneous Implications of the adjacent The Wild Animal Sanctuary. Potential Members shall be informed VIA EXHIBITS ATTACHED HERETO prior to purchase of a Lot regarding their knowledge and understanding of the implications of living next to The Wild Animal Sanctuary. The Executive Board shall draft a disclaimer outlining the unique circumstances DOES THIS LANGUAGE COMPORT WITH AGMT/NOT REALLY associated with living next to The Wild Animal Sanctuary. Every individual must sign the disclaimer prior to purchasing a Lot. 15.12 Incorporation of Recitals. The Recitals are incorporated into this Declaration as substantive provisions. Wild Animal Sanctuary Statement" Wild Animal Sanctuary is one of the largest Sanctuaries in the United States that houses large carnivores. The land owned by The Wild Animal Sanctuary that is adjacent to this development may be open and spacious. but is extensively agricultural operations including rescuing. housing and caring for hundreds of wild and dangerous animals. as domestic kennel operations. Persons moving into the area must recognize and accept there are drawbacks, ng conflicts with long-standing agricultural and wildlife sanctuary practices. Along with the drawbacks come the vest which attract urban dwellers to relocate near the Sanctuary: open views. spaciousness. rare and exotic wildlife natural sounds they emit such as wolves howling and lions roaring. Without the Sanctuary operations, those s which attract urban dwellers to visit or live near the refuge would quickly be gone forever. Agricultural and are related uses of the land should not be expected to change to accommodate the intrusions of urban users into the sound Sanctuary's operations. Well -run sanctuary activities will generate off -site impacts, including noise from equipment: slow -moving vehicles on rural roads, visitor traffic; dust from animal pens, field and habitat work and roads: odor from animal confinement. animal food and manure: smoke from ditch burning: excessive flies. seagulls, starlings and mosquitoes; and the use of pesticides and artificial lighting at night. It is common practice agricultural and sanctuary operations to utilize an accumulation of agricultural and construction machinery a to assist in their operations. A concentration of miscellaneous agricultural and building materials often produces disparity between rural and urban around the Sanctuary, Section 35-3.5-102. CR.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 operations. People exposed to different hazards living near an exotic animal sanctuary than in an urban or suburban setting. Wild animals present real threats when harassed, stimulated or frightened, so controlling adult and children's activities is only for their safety, but also for the protection and wellbeing of the rescued animals. [Signature page follows] Dated this day of , 20 DECLARANT: Wigaard Smith Estates Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 25 By: Name: Title: STATE OF ) ss. COUNTY OF This record was acknowledged before me this day of , 20 , by , as of Wigaard Smith Estates. Witness my hand and official seal. My commission expires: Notary Public Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 26 CONSENT OF INITIAL OWNER The undersigned, being the Initial Owner of all or any part of the Property as set forth in this Declaration of Covenants, Conditions and Restrictions for Westlake Vista Townhomes (the "Declaration"), hereby approves, ratifies, confirms and consents to this Declaration in its entirety including, without limitation, the following: (i) designation of Westlake Developments LLC, a Colorado limited liability company, as Declarant; (ii) subjection of the Initial Property owned by Initial Owner to the terms of this Declaration; (iii) future subjection of the Development Property owned by Initial Owner to the terms of this Declaration pursuant to one or more annexations of all or portions of the Development Property as set forth in Article 9 of this Declaration; and (iv) payment of assessments, if applicable, according to the terms as set forth in Article 6 of this Declaration. Dated this day of , 20 Wigaard Smith Estates By: Name: Title: STATE OF ) ss. COUNTY OF This record was acknowledged before me this day of , 20 , by as of Wigaard Smith Estates, Initial Owner. Witness my hand and official seal. My commission expires: Notary Public Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 27 LENDER RATIFICATION The undersigned, having a Security Interest in all or any part of the Property, approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions and Restrictions for Westlake Vista Townhomes (a Common Interest Community), for the purposes of subordinating such Security Interest to the Declaration. Dated this day of , 20 [Lender name] By: Name: Title: STATE OF ) ss. COUNTY OF This record was acknowledged before me this day of 20 , by , as of [Lender]. Witness my hand and official seal. My commission expires: Notary Public Declaration of Covenants, Conditions and Restrictions - Wigaard Smith Estates 28 Declaration of Covenants, Conditions and Restrictions — Wigaard Smith Estates 29 PUD FINAL PLAT ADMINISTRATIVE REVIEW Copt CASE No: PUDF14-0003 PLANNER: Chris Gathman APPLICANT: Sherry Wigaard & Velois Smith ADDRESS: 1935 County Road 55, Keenesburg, Colorado 80643 REQUEST: A PUD (Planned Unit Development) Final Plan application for a PUD for eight (8) residential lots with Estate Zone uses (Wiggard Smith Estates PUD) along with four (4) outlots (Outlot A for a central water system appurtenances & distribution and emergency access; Outlot B for an existing gas well production facility; Outlot C for an Entry Sign; and Outlot D for a School Bus Shelter and Mailbox Kiosk). LEGAL DESCRIPTION: Lot B of Recorded Exemption RE -4833; Part of the N2NE4 of Section 28 Ti N R64W of the 6th PM, Weld County, Colorado LOCATION: West of and adjacent to County Road 55 and approximately 700 feet south of County Road 6/County Road 55 Intersection. ACRES: 46.77 Acres PARCEL #: 147528100018 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2 The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27 -7 -40.C.1 --That the proposal is consistent with Chapters 19. 22, 23, 24 and 26 of the Weld County Code. The proposed site is not influenced by an Inter -Governmental Agreement nor is it located within an urban growth boundary. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-120.A (R.Goal 1) states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." Per the Department of Public Health and Environment referral dated May 21, 2014, the application has satisfied Chapter 27 of the Weld County Code in regards to sewer service. Sewer will be provided by individual sewage disposal systems. In regards to water service, the applicant is proposing a central water system utilizing an existing well and a proposed new well. The Division of Water Resources indicated in their referral dated May 28, 2014, stated that, based on an allocation approach, it is their opinion that the proposed water supply is adequate and can be provided without causing injury to decreed water rights. An approval from the Colorado Department of Public Health and Environment (CDPHE) is required as a Wiggard Smith PUD, PUDF14-0003, 1 condition of approval prior to recording the plat. Section 22-2-30 I. A.Goal 9. States, "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The site is located in a rural agricultural area on soils defined as "other" according to the 1979 Soil Conservation Services map. This site is located adjacent to an exotic animal sanctuary last amended under MUSR12-0007. The applicant has a signed agreement with the owner/operator of the animal sanctuary re: fencing, ongoing operation of the Homeowners Association.... B. Section 27 -7 -40.C.2 --That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the eight (8) residential lots. Section 27-2-140, Nonurban Scale Development, states, "Nonurban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half acres (2.5) acres per lot. Nonurban scale developments located outside the RUA are not subject to common open space requirement." This proposed PUD is a nonurban scale PUD (less than 9 lots) in a nonurban area. All lots in the proposed PUD exceed the minimum lot size of two and one-half (21/2) acres per lot. The smallest lot is 4.58 acres. C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. This site is not located within the 3 -mile referral area of any municipality. It is located within the 3 -mile referral area of Adams County. No referral response has been received from Adams County. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The Weld County Department of Public Health and Environment, indicated in their referral dated May 21, 2014 stated that the application has not fully satisfied Chapter 27 of the Weld County Code in regard to water service. The application states the water will be supplied by a private central water system. The applicant has submitted a water decree from the State Water Court allowing for individual wells or a central water system supplied by one well. The Department's sketch plan comments notified the applicants that if a central water system was chosen, due to the number of lots proposed in this development, the proposed water system may be deemed a public water system (serving a 25 people or more) as defined in the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Therefore, the applicant would have to submit a plan review to the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment (CDPHE) for the proposed water distribution system. An approval from the CDPHE is required as a condition of approval prior to recording the plat. The Division of Water Resources indicated in their referral dated May 28, 2014, stated that, based on an allocation approach, it is their opinion that the proposed water supply is adequate and can be provided without causing injury to decreed water rights. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. County Road 55 as a local gravel road and requires 60 -feet of right-of-way at full build out. There is presently 60 -feet of Wiggard Smith PUD, PUDF14-0003, 2 right-of-way. F Section 27-7-40.C.6 In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. An improvements Agreement is required prior to recording the plat. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site is not located within an overlay district. H. Section 27 -7 -40.C.8 --If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The applicant has shown compatibility between the proposed uses and criteria listed in the development guide, and the final plan conforms to the development guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. An accepted Final Drainage Report stamped and signed by a Professional Engineer registered in the State of Colorado is required shall be submitted to the Department of Public Works. (Department of Planning Services -Engineer) B. An Improvements Agreement will be required prior to recording the Final Plat. The agreement and form of collateral shall be submitted for, and reviewed by the Public Works Department and accepted by the Board of County Commissioners. (Department of Planning Services - Engineer) C. As the facility's water system serves more than 25 persons on a daily basis, the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Written evidence shall be provided to the Weld County Department of Public Health and Environment, from the Drinking Water Section of the Water Quality Control Division of the Colorado Department of Public Health and Environment that the system complies with the Colorado Primary Drinking Water Regulations. (Department of Public Health and Environment) D. The applicant shall address the requirements of the Southeast Weld Fire Protection District as stated in their referral dated May 13, 2014. (Southeast Weld Fire Protection District) E. The draft Wigaard Smith Estates Master Declaration, Protective Covenants, Management Agreement shall be revised as follows: Wigged Smith PUD, PUDF14-0003, 3 1) The UNCC One Call notice and Colorado Interstate Gas contact information is recommended to be included in the covenants per the Colorado Interstate Gas referral dated 7/1/2010. (Department of Planning Services) 2) Any changes requested by the Weld County Attorney's Office shall be incorporated. (Department of Planning Services) F. The applicant shall submit finalized copies and the appropriate fee ($6 for the first page and $5 for each additional page) to the Department of Planning Services for recording the Restrictive Covenants for Wigaard Smith Estates PUD in the Office of the Clerk and Recorder. (Department of Planning Services) G. The applicant shall submit to the Department of Planning Services Certificates from the Secretary of State showing the Wiggard Smith Estates PUD Homeowners Associations have been formed and registered with the state. (Department of Planning Services) H. The construction drawings indicate that no roadside ditches will be constructed on Annie Lane. Per the Weld County Engineering and Construction Criteria, there should be a min. of a 27 inch deep ditch with slopes no steeper than 3:1 to convey roadside drainage and help reduce snow drifting onto the roadway. The construction plans should be modified to show this change. The applicant shall submit to Department of Planning Services Engineer stamped, signed and dated final roadway, drainage, utility/construction plan drawings (full set). Certified drawings will remain in the department's file for use during construction. (Department of Planning Services -Engineer) The plans indicate that a 30 -foot emergency access easement will be granted to the north from the PUD. The Department of Planning Services Engineer determined that this dead ends into vacated road right-of-way for what would be County Road 6. The applicant shall submit evidence that the east -west access (from the 30 -foot emergency access easement) to County Road 55 can be utilized for emergency access. (Department of Planning Services - Engineer) J. The applicant shall provide the a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. K. The applicant shall submit written evidence to the Department of Planning Services that the requested impact and cash -in -lieu fees have been paid to the Weld County RE -3J School District as stated in their referral dated April 29, 2014. (Department of Planning Services/Weld County RE -3J School District) L. The applicant shall provide written evidence to the Department of Planning and graphic evidence from the RE -3J School District and Post Office of jurisdiction, that the proposed mailbox location and bus shelter plan meets design standards and delivery requirements, and the proposed school drop off/pick up location shall be approved by the School District. Written evidence of compliance with their standards and requirements shall be submitted to the Department of Planning Services. Further, evidence shall be provided that each facility meets the intent of the Americans with Disabilities Act (ADA) for access. The Department of Building Inspection shall review the proposed structure for compliance with all applicable Wiggard Smith PUD, PUDF14-0003, 4 codes as warranted. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) M. The applicant shall submit a re -vegetation plan of all areas disturbed during construction. The plan shall include information regarding plant type, installation methods, and maintenance. (Department of Planning Services) N. The applicant shall provide a copy of the signed/executed surface use agreement with Noble Energy. (Department of Planning Services) O. The applicant shall attempt to address the recommendations of Colorado Parks and Wildlife as stated in their referral dated May 15, 2014. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Parks and Wildlife) P. The applicant shall address the requirements of the Colorado Interstate Gas Company as stated in their referral dated July 1, 2014. Q. The Plat shall be amended to include the following: 1. All sheets of the Final Plat shall be labeled PUDF14-0003. (Department of Planning Services) 2. The Final Plat shall be in compliance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 3. County Road 55 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 4. Show the approved access on the plat and label with the approved access permit number (AP14-00189). (Department of Public Works) 5. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. (Department of Public Works) 6. All utility easements shall be indicated on the plat as approved by the Weld County Utility Advisory Committee on July 24, 2014. (Utility Advisory Committee) 7. The applicant shall delineate the locations of the accepted RE -3J School District and Post Office of jurisdiction proposed bus shelter(s) and mailbox location(s), respectively. (Department of Planning Services) 8. All internal local road rights -of -way shall be approved by Weld County Department of Public Works and dedicated to the public. (Department of Public Works) Wiggard Smith PUD, PUDF14-0003, 5 9. The recorded access easement agreement providing access from County Road 55 to the 30 -foot emergency access and service easement accessing onto the vacated County Road 6 right-of-way. (Department of Planning Services) 10. The UNCC One Call notice and Colorado Interstate Gas Contact information shall be indicated on the final plat per the Colorado Interstate Gas Referral dated 7/1/2010. (Colorado Interstate Gas) 11. The applicant shall provide additional information pertaining to the plant materials, including common, botanical and species names, size at installation, and any additional information deemed necessary. (Department of Planning Services) R. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan. The applicant shall submit an electronic copy or one (1) paper copy of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, aftera public hearing, revoke the PUD. S. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. This Final Plat, Wiggard Smith Estates Planned Unit Development (PUD) Final Plan is for eight (8) residential lots with Estate Zone uses along with four (4) outlots (Outlot A for a central water system appurtenances & distribution and emergency access; Outlot B for an existing gas well production facility; Outlot C for an Entry Sign; and Outlot D fora School Bus Shelter and Mailbox Kiosk). (Department of Planning Services) B. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) C. The Open Space lots are non -buildable for residential structures or structures providing habitable space. (Department of Planning Services) Wiggard Smith PUD, PUDF14-0003, 6 D. The PUD is to be served by well permit number 78007-F, the annual amount of withdrawal is 137.3 acre feet per year for a maximum of 300 years. (Department of Planning Services) E. Adjacent to the property shown on the plat is The Wild Animal Sanctuary and there is an Agreement for PUD Subdivision Conditions, dated September 26, 2013 and recorded on November 22, 2010 under reception number 3733961, which states various conditions to which the owners of the PUD Subdivision will be subject. (Department of Planning Services) F. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) G. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. (Department of Public Health and Environment) H. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a Permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) J. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) K. Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County Code, shall be recognized at all times. (Department of Planning Services) L. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the designated absorption field site. (Department of Public Health and Environment) M. Intersection sight distance triangles at development entrances will be required. All landscaping within the triangles must be less then 3.5 feet in height a maturity. (Department of Public Works) N. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the Wiggard Smith PUD, PUDF14-0003, 7 noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works) O. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services -Engineer) P. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) Q. All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved Sign Plan. (Department of Planning Services -Engineer) R. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) S. A building permit will be required, for any new construction or setup manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Residential Building Code; 2012 International Energy Code; 2006 International 2011 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) T A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments and submitted with Building Permit application to Weld County. (Department of Building Inspection) U. Building permits shall be obtained prior to grading or the construction of any building or structure. Building permits are also required for signs and structures, such as bus shelters, if provided. (Department of Building Inspection) V. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. (Department of Planning Services) W. Weld County representatives from Departments of Public Works, Public Health and Environment, and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) X. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. (Department of Planning Services) Z. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) AA. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) Wiggard Smith PUD, PUDF14-0003, 8 AB. Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country 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 long-standing 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 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 from 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 agricultural 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- 102, 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 structures, 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 municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. 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 Wiggard Smith PUD, PUDF14-0003, 9 activities is important, not only for their safety, but also for the protection of the farmer's livelihood. AC. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. AD. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. AE. Section 27-8-80.6 of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of the Weld County Code. 4. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services -Engineer) B. Right of way permit is required for any work within the public right of way which is unassociated with an approved access construction. (Department of Planning Services - Engineer) C. Special transport permit is required for any oversize or over weight vehicles. (Department of Planning Services -Engineer) 5. Prior to the release of any building permits: A. The applicant shall supply the required street signs and stop signs at appropriate locations. (Department of Planning Services -Engineer) Wiggard Smith PUD, PUDF14-0003, 10 B. Prior to the commencement of construction activities, Stormwater Erosion Control and Sediment Control Best Management Practices shall be in place in accordance with approved permits, plans, Weld County Code, and Urban Drainage Standards. Silt fences shall be maintained on the down gradient portion of the site during all phases of the site construction. C. The applicant shall contact the Southeast Weld Fire Protection District for review and approval of all access roads. Evidence of Fire District approval shall be submitted to the Department of Building Inspections prior to construction on the site. (Southeast Weld Fire Protection District) D. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) Wiggard Smith PUD, PUDF14-0003, 11 Hello