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Home My WebLink About20220491.tiffPLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: _.._._— Parcel Number ()q7' - - C2 (C'I x;11.L_ �:'�:t(� CL i 1) (12 digit number- found on Tax I.D. information. obtainablo at the Weld County Assessor's Office, or www.co.vreId.co.lts) ilnclude all lots being included in the application area. If additional space is required, attach an additional sheet.) Legal Description �ck4 1'-1') �1 Cc '/ cte;� ('4U , Section .21, Township S North, Range 'West Property Address (If Applicable) 4�� Existing Zone District: P /L Proposed Zone District: PM/ETotal Acreage: c Proposed #/Lots Average Lot Size: Minimum Lot Size Proposed Area (Acres) Open Space: Are you applying for Conceptual or Specific Guide? Proposed Subdivision Name: Lut_k L.,ke t"w'.1, Conceptual Specific fl rf+ea:.�t,wt- FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: � � kkw Work Phone # Home Phone # '17O' `1'65 J2Y7 Ema l Address Address: 7A-'' C- j (c-i 1i City/State/Zip Code k'... -t- Cam, ._ APPLICANT OR AUTHORIZED AGENT (See ae'owv Anti, o,rz bon must accompany applications sinned by Autr:vrcd Agcnml Name: Work Phone # Address. City/State/Zip Code Home Phone # Email Address__._. UTILITIES: Water: Sewer: Gas: t'xcttr ____________________________________--— Electric: "e Phone: DISTRICTS: School: 1k41 (t'/ 7T Post: 53-i I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the tee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado. 14_2 1 Signatur Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date A4 t� ' f�l PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATIQ FOR PLANNING DEPARTMENT USE RECEIPT # /AMOUNT 9 DATE RECEIVED APPLICATION RECDVEDD t { CASE # ASSIGNED PLANNER SSIGN1] ED_ Parcel i�+umber r t' (12 digit number - found on Tax i D. information_ obtainable at the Weld County Assessor's Cheld-c4.us} Office, aw (Include all lots being inCfud?d in the appticabon ale@ If additional space is requch ired attaan or ww sheet.) WW I Legal Description Section , Township • F�far#Fr, RangPWest Pra{serty Address (If Applicable) 7 / Existing Zone District Proposed Zone district l•Totai Acreage ' Proposed #1Lots Average Lot Size; �Mtnum Lot Size: Proposed Subdivo Proposed Area (Acres) Open Space: n Name Are you applying for Conceptual or Specific Goide? Conceptual { FEE OWNERS Specific � } OF THE PROP ERTY (if addifona! space rs requirj attach an addi i {f 4f'}� Name; t onai sheet) Work P !. hone# .'--�-;:'• ., - �.. Address Home Phone # = l=ined Address City/StatelZip Code APPLICANT OR AUTHORIZED AGENT (See 8erorr At,[1rar:zariorr must accorrp2rrya lice{ Name, Rp or s signed by Authorized Agent! 11 Work Phone # f tome Phone # Address: Email Address citylstateop code UTILITIES: Water Sewer; Gas: Ele-c: - Pttone DJSTRICTS: Schaal' Post's (We) hereby depose and state under penalties of perjury that ail s#atements; proposals and/ Prope nty with the application are true and correct In the best of my (our)knowledge. Or pions submitted with or property must sign this applica#ipn. If an Authorized Agent signs, a letter of authorization from all tee owners must be Signatures of all fee owners of ncludecY with the application if a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authorhy to sign for the corporation_ I we the ,undersignedhereby rethe Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and , quest Bc e thard of County Commissioners concerning the PUD Final Plat for the above described uni€icarporated area of Weld 'he Ec , Colorado 5ignature� Dtivner or Authorized Agent Date Signature: Owner ar Authorized Agent Date -110- WELD COUNTY COLORADO LAND RECORDS (3�7r202'i AFFIDAVIT OF INTERESTED LAND OWNERS 12:26:18 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names. addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:/fwww.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 f=eet of Parcel # 095729202001 Account Parcel Owner 88955568 095719400002 CROISSANT FAMILY FARM LLC �R09193D1 095720000033 CROISSANT FAMILY FARM LLC r��700095729000048 BOTTERILL ADAM IR8586700 095729000048 BOTTERtLL JENNIFER I ' 83945805 h 095729202001 i CHRISTENSEN DUSTIN C 83945805 1095729202001 I MCGtLL JAMIE A R39459DE 095729202002 I RICHARDSON BRYON R3946005 1095729202003 I HUGUNIN RHONDA R3946005 10987292Q2003 I HUGUNIN WILLIAM Mailing Address 49316 COUNTY ROAD 83 BRIGGSDALE, CO 806119319 49316 COUNTY ROAD 83 BRIGGSDALE, CO 8061 1 931 9 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 17008 COUNTY ROAD 54 JOHNSTOWN. CO 805349604 7182 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 1419 3RD ST CAMANCHE, IA 527302003 Parcels, 11 Owner Records: 14 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 6/712021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:26:18 PM SURFACE ESTATE THE UNDERSIGNED. States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (/1e surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Wetd County Internet Mapping site, http://www.co.weld.co.us. and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. L L' ! .] / a- Signature Date Property Owners Within 500 Account Parcel 83946105 095729202004 Feet of Parcel # 095729202001 Owner 83946505 095729202008 I LAKOTA LAKES RANCH HOMEOWNERS ASSOC :R3946606 095729202009 I LAKOTA LAKES RANCH LLC R3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS ASSOC !R1634386 095736600O19 BETZ EMANUEL TRUST Parcels; 11 Owner Records: 14 Mailing Address 7182 LAKOTA LAKES IUD JOHNSTOWN, CO 805345629 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 7288 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 12 CHARLOTTE ST - JOHNSTOWN, co 805348614 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:26:18 PM SURFACE ESTATE THE UNDERSIGNED.. States that to the best of his or her knowledge the attached list is a true and accurate list of the names. addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site. http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. urn V14Jt Signature Date Property Owners Within 500 Feet of Parcel # 095729202001 Parcels: 11 Owner Records 14 Page 3 of 3 Weld County Treasurer Statement of Taxes Due Accoanl Numb r 83945905 Parcel 09 20202002 Leal ❑escriplion SlUs Adurces 4.I.RC L2 LAKCTA LAKLS RANCH PUD CO)RR 7132 I. AKO7A LAKES RD WELD Account: 83945905 RICHARDSON BRYON 7182 DAKOTA LAKES RD JOHNSTOWN, CO 80534-5629 Year Ta. Adjustntcrt. fivcresi Fccq 1'awnx.ius Balaic� TLIN C11a1'?� 2020 SS4,864.82 50.00 X4.00 $sl_lu) [ $2_-132.41) 'X13? -4I Itotal Tax Charge '�27.4s2.4E Fi -aa Hall Due as u0 0510712021 50-C10 S-.ccnd l Ialf Due a3 oI 0 IO7f2C2I - 52.432.4] Taff 13illcd at 2020 Rauz fir Tax Arcs 2371 - 2371 .LULE1[irlsti Mil] Lcv', Anotau \ alues Actual Atiscssed 14 c n .0380000` '4$27-09 `iINGLH [A11.RLS.- 5147.396 $10. ?4Q SCI It){)DIS'[RfH�.I 47,S4 0OOO ° S2.G?t).3u LAND INC�I.I FAitil. Or:5 56?]_760 544 IG]} `URTHERN COLOR kr)O 14 ATFR I.o000000 y;3.o0 r\tIPROVCwtT5 I•Ru\'r GE FIRE RI=SCI_IE. (.l{) I [.A24O000 5h33.S'_ d'Llml 7691M $5500[1 1,\1S!l,2It,!RCOLLE.CE 6.30}il1HI0 531678 I!k i\IPtif i". R[V IR RLC 3.5940000 y19?.f r is l"_.}iN LIt3R.\R1' 3-13r00O0 5]74.96 EO::Ird 2'2 I 000 $-]_354.82 Weld County Treasurer's Office 1400 N 171h Avenue PD Box 458 Greeley, CO 80632 Phone: 97O-4OO-3290 :P:Jrsua'-�t to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes. special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. S4gned, `� Date. �`.f. f fr' fir` .� Liii )- PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION DATE RECEIVED: FOR PLANNING DEPARTMENT USE CASE # ASSIGNED: _ RECEIPT # IAMDUNT PLANNER ASSIGNED: APPLICATION RECEIVED BY 0 9 7 _ 2 9 2 _ 2 . 6 0 2 Parcel Number lhs (12 digit number - Found .ncluded%n met pplicatiOfl t or, arbtflbIe ea. if addttanal spalce is required. attach a additional coweld.coU) us (Include all lots be g 67 Nest Legal Description LAKOTA LAKES RANCH CORRECTED PL11, Section 29 , Township � North, Range Property Address (I1 Applicable) 7182 LAKOTA LAKES RU JOHNSTOVVN CO 80534 85.86 Pro posed #11-ots? Existing Zone O strict: PUD1E Proposed Zone District: PUCETotal Acreage: _ p Average Lot Size: _ Minimum Lot Size: Proposed Subdivision Name: LAKOTA LAKES RAKL l' l-1'� 4�irl� tct conceptual Specif/ ic Proposed Area (Acres) Open Space: A Are you apPlYing for Conceptual or Specific Guide? FEE OWNERS) OF THE PROPERTY (II additional space is repaired, sttach an additional sheet} Name: BRYON RICHARDSON Work Phone t 3039444036 Home Phone # Address: 7182 LAKOT LLAKES RD Cit ;Statelzip Code JOHNsTOWN CO 84534 Y APPLICANT OR AUTHORIZED AGENT (See Below' Autfianzatiorr musf aceompanY appf catrans signed by µurhorrzed Agent} SU�ISETSi.USHES19Ti�a7GINlt��-'= �vit Email Address Name. JAMIE MCGrLL Work Phone # 7852308400 Home Phone # Address: 7008 COUNTY RD 54 CitylState/Zip Cade JOHNSTOWN CO 80534 UTILITIES: Water: Sewer' Gas: Electric Phone: LITTLE THOMPSON XCEL POUbRE VALLEY }SEA Email Address) 2FINANGE YAHOO,COM DISTRICTS: School: WELD RE -5J Post: $0534-JOHNSTDWN I (We) hereby depose and state under penalties of perjury that all statements, proposals. and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowiedge. Signatures of ail fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application, l f a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation, I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area ofi Weld Coun CphtactQ`� caner orAuthoZed1L_ Date Signature: Owner or Authorized Agent Date ti —10— WELD COUNTY COLORADO LAND RECORDS 61712021 AFFIDAVIT OF INTERESTED LAND OWNERS 1230.1 g PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:llwww.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202002 Account Parcel Owner Mailing Address R9955568 095719400002 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BRIGGSDALE, CO 8061193/9 R0919301 095720000033 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BRIGGSDALE, CO 806119319 R8586700 095729000048 SOTTERILL ADAM R8586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 505349604 1k3945805 09572920200'i CHRISTENSEN DUSTIh4 C R3945805 095729202001 MCGILL JAMIE A 7008 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R3945905 g95729202o02 RICHARDSON BRYON 7182 LAKOTA LAKES RD JOHNSTOWN CO 845345629 83945045 095729202003 HUGUNIN RHONDA R3945005 095729202003 HUGUNIN WILLIAM 1419 3RD ST CAMANCHE, IA 527302003 Parcels. 11 Owner Records: 14 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 61712021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:30;19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate last of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:llwww.co.weId.co.us. and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcet # 095729202002 Account Parcel I Owner Mailing Address R3946105 096729202004 R3946505 095729202008 LAKOTA LAKES RANCH HOMEOWNERS 7152 LAKOTA LAKES RD ASSOC JOHNSTOWN, CO 805345629 83946605 095729202009 LAKOTA LAKES RANCH LLC 7't42 LAKOTA LAKES RD JOHNSTOWN, CD 805345629 R3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 728 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 505349604 R1634385 0857313000019 BETZ EMANUEL TRUST 612 CHARLOTTE ST JOHNSTOWN, CO 805348614 Parcels: 11 owner Records; 14 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:30:19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate fist of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:l/www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202002 Parcels: 11 Owner Records: 14 Page 3 of 3 Weld County Treasurer Statement of Taxes Due Accoanl Numb r 83945905 Parcel 09 20202002 Leal ❑escriplion SlUs Adurces 4.I.RC L2 LAKCTA LAKLS RANCH PUD CO)RR 7132 I. AKO7A LAKES RD WELD Account: 83945905 RICHARDSON BRYON 7182 DAKOTA LAKES RD JOHNSTOWN, CO 80534-5629 Ycar Ta. Adjustntcrt. fivcresi Fccq 1'awnx.ius Balaic� TLIN C11a1'?� 2020 SS4,864.82 50.00 X4.00 $sl_lu) [ $2_-132.41) 'X13? -4I Itotal Tax Charge '�27.4s2.4E Fi -aa Hall Due as u0 0510712021 50-C10 S-.ccnd l Ialf Due a3 oI 0 IO7f2C2I - 52.432.4] Taff 13illcd at 2020 Rauz fir Tax Arcs 2371 - 2371 .LULE1[irlsti Mil] Lcv', Anotau \ alues Actual Atiscssed 14 c n .0380000` '4$27-09 `iINGLH [A11.RLS.- 5147.396 $10. ?4Q SCI It){)DIS'[RfH�.I 47,S4 0OOO ° S2.G?t).3u LAND INC�I.I FAitil. Or:5 56?]_760 544 IG]} `URTHERN COLOR kr)O 14 ATFR I.o000000 y;3.o0 r\tIPROVCwtT5 I•Ru\'r GE FIRE RI=SCI_IE. (.l{) I [.A24O000 5h33.S'_ d'Llml 7691M $5500[1 1,\1S!l,2It,!RCOLLE.CE 6.30}il1HI0 531678 I!k i\IPtif i". R[V IR RLC 3.5940000 y19?.f r is l'_.}iN LIt3R.\R1' 3-13r00O0 5]74.96 EO::Ird 2'2 I 000 $-]_354.82 Weld County Treasurer's Office 1400 N 171h Avenue PD Box 458 Greeley, CO 80632 Phone: 97O-4OO-3290 :P:Jrsua'-�t to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes. special assessments, and prior tax liens attached to this account. Current year's taxes are due but not delinquent. S4gned, `� Date. L -`.f. f fr' fir` .� PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number-_.Q�.- >C—�Q t`►' i ttl1 &'. ( 1�'i� i (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) (Include all lots lbeing Included in the application area. If ad( P ioga�space is required, attach an additional sheet.) Legal Description ( O f& � - L Section Township North, Range West Property Address (If Applicable) ( I l v— Existing Zone District: N -D Proposed Zone Distr Average Lot Size: Minimum Lot Size: _ Proposed Area (Acres) Open Space: C) Are you applying for Conceptual or Specific Guide? FEE OWNER(S) OF THE PROPERTY (If additional s Name: I`,liL Work Phone # Address: City/State/Zip I APPLICAT OR �AUTHORIZED AGENT Name: ( `-fit Ld c Y ' L Work Phone # Home, P Address: ` I I / City/State/Zip Code UTILITIES: Water: Sewer: Gas: Electric: Phone: DISTRICTS: School: Post: `j`�f.L.CY dotal Acreage: o& ��tOProposed #/Lots_ Proposed Subdivision Name: DT7JlI4/l€'3 Conceptualri Specific `tiK Q is required, attach an additional sheet) Below: Authorization must accompany applications signed by Authorized Agent) 14 U,c I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado: Signature: Own or Aut rized Agent Date Signature: Owner or Authorized Agent Date " WELD COUNTY COLORADO LAND RECORDS 6[7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:34:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered- This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www_co.weld.co_us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. f h Sig ature Date Property Owners Within 500 Feet of Parcel # 095729202003 Account Parcel Owner Mailing Address R0919301 095720000033 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BRIGGSDALE, CO 806119319 R8586700 095729000048 BOTTERILL ADAM R8586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R8586800 095729000052 KEMMER DEBRA S R8586800 095729000052 KEMMER GORDON B 25741 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R3945805 095729202001 CHRISTENSEN DUSTIN C R3945805 095729202001 MCGiLL JAMIE A 7008 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R3945905 095729202002 RICHARDSON BRYON 7182 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946005 095729202003 ! HUGUNIN RHONDA (L{/ £ 3S - L Parcels: 12 Owner Records: 17 Page 1 of 3 •.''.•.J.' 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WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:34:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http.//www.co.weld.co.us, and has not been modified from the originaL The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. D / z /' signature Date Property Owners Within 500 Feet of Parcel # 095729202003 Parcels 12 Owner Records 17 Page 3 of 3 Weld County Treasurer Statement of Taxes Due Accourl Number 83946003 f arcs[ 095720202f}p; Legal Description SiiusACddress L.L.RC' U LAKOTA LAM: -5 RANCH PIJD CORR 7172 LAK0 FA LAKES RD WELD Account: R3946005 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 80534-5629 Year Ti x .liijuitmenu ittt i L Fces Patiriicnis Balaklue Tx Char,. 2020 SL78 $0.o) 50.00 S0.40 1S1,781 50.06 Total Tax Charge 50.00 Grand Total ri j ay of 0&0712021 Sll.00 Tax Bllled at 2020 Rates For Tak Area 2371 -2271 lulhpriry WELL) COUNTY SCF[OOL Di` F R15SJ L]RTE-TERN COLOR:ED(! VA) ER INCA FRON1 RANGE FIRE RESCUE i.[O AIMS JUNIOR CC)LLCGF. LFEt}41PSt) Kl%r [:ft RFC 1[]Ci!I Ill.; l' 15 [_113kAR5' Tais%a Billed 20.0 T Credit Le Mill 1_c', .• 4m&.�nl S:,i_ glpllUU 50.30 �.i ll,il u'Ifl�)I'r SYI_ 112 f7„i1;C1�JrFd7 S0.13 4�I_ligli 5007 7.1 I itll}4 50,06 8x.4 Icr1wo Sf ?g Weld County Treasurer's Office 1400 N 1711, Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400329O 1'alucs .Actual Astiesxed AO-klt r\]7i7 h' HAY 561 520 LANL) Total 561 520 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: Date: PLANNED UNIT DEVELOPMENT (PU1.D) FINAL PLAT APPLICATION FOR Ft ANNING LEF'ARTMEI T USE Jr`, I E I'L EL RECE PT # .Af.'OUEf tt ! . C 5E A 51f�N f3 APi'EIGA.TIc'N 7E E:VED 3Y I1LA'sN f ASSIGNED: ll � 7 ciU urlhe• - laiFR't or i az I `1. infr,rn-rat nn. ot1nir „t he :VPfti �"�nlfn:y F�Sr scs ?ffjcE, 6r v,^,v�� Ca._leld.n.us: ii I��t i na,,fic ail ioif acing iaelu:ier in :he app-icatioi- if sddit�r3al spr.e iui cd, aitat qn idIk i 1 4hgat,j �_.epai Descriptiar. LULL LA Ll L E ecti1 M, Towf?S1iPOE NDrth. REe ±JVSf rci�c ty d ieaa Is'rp licr.hl ) 7l LtT1 II p � =x stlrg 7or,a ('.0 i if;t Prepreed Zr vi Ilistrr, t" T t� llca' AGE -- PrepoSed VLo: - �} �v�fa;1e I�ai 5i�e- I'+lIii'nlrrt _at Si. PruJ5ed SuLif§a.siLii Ni: Proposed Area {Acres) Open Spann- ! r yr.ir app'yir.0 f}f Cnrce)tL131 rf Speciiir- Glide' Caltu�l _____. pecitic L] T PRCPEFT`f I aici;t o:'�i s.�c r;us. i; . 2!IiCi1 rfl :x: -t o -n : r�U F_= Uti'V'JESfa} O!� fig 11 mm`�� Ne]:71C, 1 �z,... ti+ •C" 1 — — - -- l+ork - hDrie t h` 21_Y'lc� 1 Horne whore �3L Ern f dei's5s GL1U s+ dLfrLL L UJV1 r'it JStatn2 p Cons ' ►f1tuL' . 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WELD COUNTY COLORADO LAND RECORDS 61712021 AFFIDAVIT OF INTERESTED LAND OWNCRS 12:38 19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of has or her knowledge the attached list is a true and accurate list of the naives, addresses, and The corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:llwww,co.weld-co.us, and has not been modified from the original, The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. f'�}ryI C {{ _ff /L f1 } Signature (2/ II i- Date Property Owners Within 500 Feet of Parcel # 0957292O2004 Account Parcel Owner Mailing Address R0919301 085720000033 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BR!GGSDALE CO 80119319 88586700 095729000048 BOTTERILL ADAM 88586700 095729000048 BOTTERILL JENNIFER 7350 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R8585800 095729000052 KEMMER DEBRA S KEMMER GORDON B R8566800 095729000052 25741 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R8941523 095729000057 COULSON EXCAVATING CO 1NC 3609 N COUNTY ROAD 13 LOVELAND, CO 805382316 R3945805 095729202001 CHRISTLNSEN DUSTIN C R3945805 095729202001 MCGILL JAMIE A 7005 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 83945905 095729202002 RICHARDSDN BRYON 7182 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 Parcels: 14 Owner Records: 20 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6171202/ 12:3819 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate it of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled ut1iaing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:/1www co.weld.ca.us, and has not been modified from the original. Too list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 4 , r Date Property Owners Within 500 Feet of Parcel # 095729202004 Account Parcel Owner Mang Address R3946005 095729202003 HUGUNIN RHOiNDA 83946005 09572.9202003 HUGUNIN VVILLiAM 1419 3RD ST CAMANCHE, IA 527302O03 R3946105 095729202004 t'J{ \r i. . 83946205 1095729202005 SCHWARTZ KEISHA RAE R3945205 095729202005 SCHWARTZ TANNER D 599 VERMILION PEAK DR WINDSOR, CO $05503250 13946305 095729202006 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946405 095729202007 ZANDER STACEY M 83946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 83946505 095729202006 LAKOTA LAKES RANCH HOMEOWNERS 7182 LAKOTA LAKES RD ASSOC JOHNSTOWN. CO 80534562E Parcels- 14 Owner Records: 20 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5{712021 12:38:19 PM THE UNDERSIGNED, States that to the best of his or her nowledge the attached list is a true and accurate list o₹ the names, addresses, and the eorresponding Parcel Identification Number assigned by the Weld County Assessor of the owners ai the properly (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, httpJ/www.co.weld co.us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. [t' L• Signature Date Property Owners Within 50O Feet of Parcel # 095729202004 Account Parcel Owner Mailing Address R3946605 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 #3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CC 805349604 Parcels: 14 Owner Records: 20 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:38:19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names addresses. and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered, This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us. and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. I G o[ . S are Date Property Owners Within 500 Feet of Parcel # 095729202004 Parcels: 14 Owner Records: 20 Page 4 of 4 Weld County Treasurer Statement of Taxes Due •\ countNumbcrR39461C5 Parcel{)9�729202004 Leal Dcscriptior, Satus Addres6 [Ii( 1.4 L:E[ {7[?E LAKES RANCFE PUD CORR 7162 LAKOTA LAKES RD GVULD Account: 83946 105 NICK[NNEY JEFFREY L 1162 LAKOTA LAKES RD JOHNSTOWN, CO 80534-5629 Tai Ad'lustir3ents En14resL Fee;; _ Pa, [t1ents Baru+.cc 54.1 14.74 $0,04 0-0U t6 0[) {$4.! 14.74) $0.U0 U6 0, .U21 SO.7U tat e3 for 1 ax Area 2371 -271 'i 41 Value ,dual ssessed ];.D3�(?UUU" 5Cy7 iK SINGLTT ]:Ai%J-RUS-- S141.131 510.490 47.8U9UU{HI LAND SINGLE FAwIRL"S- 5- 53( a{) ` A1 ].F 1.{)p0411UI) $4b,,2 I.IIPROk LIN.IT4 :. c'. L l.0 1 I2 0t1{1U i09 Tmal S4h.c1 . G.30500D0 I 3_S940U0{1 SI67.I9 3-191000U 5147 9g 6S 4`1()UUU v u County Treasurer's Office 17t" Avenue ., pox 458 Co 80632 97o-400-3290 54.1 1-17-I ", . Cv�En`y Subdivision Ordinance, the attached Statement of Taxes Due - - _ .. - . :t ; reasurer are evidence that as of this date, all current and prior year - - _ V Y axas related to this parcel have been paid in full. Date: ;', PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION F tll R EC APF ParcelI Legal E Propert Existinc Av crag Propose PLANNING DEPARTMENT USE DATE RECEIVED; FiPT #!AMOUNT M 1$________ CASE # ASSIGNED: ]CATION RECEIVED BY PLANNER ASSIGNED., _ _ _ lumber ! f *L � C' �+� € °L. j t k. (12 digit number-fvur�d on Tax I.D. inforrna#on, obtainable at the Weld County Assessor's Otfee, or wvow.co.weld•ca.usl (\LU J1 ≥ (Include all fiats being ih.cluded in the appt[cat[on area. If additional space is required, attach an additional sheet.) ascription L -4. . LS Gt h b`ti 1 SectionTownship ≤ North, Range lWest Address (if ApplicL} / Ible) � c t WcY Ftct. �} •+ rri� �'} 7 Zone District: u Proposed Zane District: ______Total Acreage: Proposed #/Lots I f� Lot Size: ___, Minimum Lot Size: Proposed Subdivision Name: L r /p.s -91,1C L d Area (Acres) Open Space: 'p Are youllappiying for Conceptual or Specific Guide? Conceptual El Specific ,f FEE OWNERS) OF THE PROPERTY (I#additional space is Narne- Vlvt , �[ r`Ii.rrrtrtz- Work Phone # Addres : 7tc2 City1Sta a/Zip Code Phone # a fired, attach an additional sheet) Email Ad APPL[C' NT QR AUTHORIZED AGENT (Sea 8eow Aurfiorrratrirr mcsi aeaornpany appicetia,ls signed by AuVtwii2ed A cnl) Name: Eck i'1► 4-r JGj t �• r Z Work one #`-0J 'Pitr fdomePhone# Email Address _'k. _('t t��+r Cr Address; 7I 1L)L#!sf CitvlSta{e1Zio Code I -5t7r,kc /"u S Er UTILITIES: Water. Sewer: Gas: Electric: Phone: DISTRICTS: School: !VJ -i � Post}S I (We) hereby depose and Mate under penalties of perjury that all statements, proposals, and/or plans submitted with or Contain d within the application are true and correct to the best of my (our)knowledge. S3gnstures of all fee owners of property must sign this application, If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the applicaticjrl. if a corporation is the fee owner, notarized evidence must be included indicating the signator has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review' this PUD Final Plat or request hearings before the Weld County Planning Commission and the d of Coun y �ommisioners concerning the PUD Final Plat for the above described unincorporated area of Weld unty, Colcacdo I Owner or Authorised Agent Date Signature: Owner or Authorized Agent Date -10- WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:36:16 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202005 Account Parcel Owner Mailing Address R8586700 095729000048 BOTTERILL ADAM R8586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R8586800 095729000052 KEMMER DEBRA S R8586800 095729000052 KEMMER GORDON B 25741 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R8941623 095729000057 COULSON EXCAVATING CO INC 3609 N COUNTY ROAD 13 LOVELAND, CO 805382316 R3946005 095729202003 HUGUNIN RHONDA R3946005 095729202003 HUGUNIN WILLIAM 1419 3RD ST CAMANCHE, IA 527302003 R3946105 095729202004 R3946205 095729202005 SCHWARTZ KEISHA RAE Parcels: 11 Owner Records: 16 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:36:16 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202005 Account Parcel Owner Mailing Address R3946205 095729202005 SCHWARTZ TANNER D 599 VERMILION PEAK DR WINDSOR, CO 805503250 R3946305 095729202006 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946405 095729202007 ZANDER STACEY M R3946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946505 095729202008 LAKOTA LAKES RANCH HOMEOWNERS 7182 LAKOTA LAKES RD ASSOC JOHNSTOWN, CO 805345629 R3946605 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 805349604 Parcels: 11 Owner Records: 16 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:36:17 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202005 Parcels: 11 Owner Records: 16 Page 3 of 3 Weld County Treasurer Statement of Taxes Due Account NIumbCr R34442O7 Pureel 0957292Q2C15 Legal Description Situs As dress 1.1,R[' 1-5 LAKO'rA LAKES RANCH N M CORR 7172 LAKOTA 1-AKES RD WELD Account: R3946205 SCHWARTZ TANNER D 599 VERM[LION PEAK DR W1NDSOR_ CO 80550-3'5 1 E ee Pavrncnls 8nlunce — — 5[} U(} 54.06 - - •L'.U: \Tii Acui4l Assessed 14 .G-\1[L\DOW F[�14- cr LAND 1 .\R\l: R.-\NCII RESII) CF-941PS _— 5fi6? 47 racial 6? 72 Oc •^ty Treasurer's Office '. '?:"- Avenue x458 Co CO 84632 ^� ^e 97D-400-3290 $75 $20 S04 21 1 5w7.5 t0 ,5804.3G(i 557.530 - I- x're'Ed County Subdivision Ordinance, the attached Statement of Taxes Due issued by The `v'?eld Cou my Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed:_ T Date: - ._. ff PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # f$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASS€GNED: Parcel Number �_ e' LiiOfl J)t? (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co-weld.co-us) 4U_ (Include all lots being included in the application area. If additional space is required, attach an additional sheet.) Legal Description �'L r� Gad �&g 1 is ection Township O5North, Rang West Property Address (If Applicable) C7czcfi Existing Zone District:'/ Proposed Zone District Total Acreage: J/. tf 6 Proposed #/Lots__ '7 Average Lot Size: Minimum Lot Size: . 2 5 Proposed Subdivision Name: r. .r,C� < Proposed Area (Acres) Open Space: 7� _ Are you applying for Conceptual or Specific Guide? Conceptual Specific `.... "M FEE Name: /GGlL7JL Work Phone # Address: 7/c. City/StatelZip Code THE PROPERTY (If additional space is required, attach an additional sheet) 1 i1 ;_'i Phone # _ Email Add Pt:r h APPLICANT OR AUTHORIZE AGENT (See aelovv: Authorization must accompany applications signed by Authorized Agent) Name: f(7d/ ° yC ` Phone #I��11�- �me Ph ne # Email Address s: f —f'i1. ate/Zip Code IES: Wa er:�Xni'77'9_ sewer: Gas: Electric: Work Addres City/St UTILIT Phone; DISTRICTS: School: Post: L1./C o I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation- I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Baof County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld Co ty,,Coforado: lanati.tre: Owner or Authorij ad Agent Date Signa : Owner or Authorized Agent Date -10- CERTIFICATE OF AUTHORITY \\re hereby certify as follows with respect to a Trust entitled the TWO HOPES LIVING REVOCABLE TRUST created by a Trust Agreement dated November 1, 2015. 1. The name of the current acting TYi.stccs of the Trust arc: TODD D. MUCKLER and DEBRA R. EBERL Successor Trustees include: MTCAH J. SILVA ELI T. KREBS 2. The Trust is currently in full force and effect. 3. The undersigned are the only currently acting Trustees of the Trust. Unless otherwise indicated above, one undersigned Trustee is authorized, in his/her Fiduciary capacity, to take any and all action on behalf of the Trust in connection with any assets of the Trust. 4. The Trust Agreement has not been modified, amended or revoked in any manner which may cause any of the above certifications or statements to be untrue or misleading. SIGNATURE OF TRUSTEES: TODD D. MUCKLER STATE OF COLORADO ) ss COUNTY OF ) DEBRA R. EBERL Before nee, a Notary Public in and for said County and State. on ;' 2020, personally appeared DEBRA R. EBERL AND TODD D. MUCKLER who acknowledged to inc that they did sign the foregoing instrument, and that such signing was their free act and deed, ,I Notary Public My Commission Expires Witness my official hand and seal. (SEAL NQT',=,fy !ii 201 i4C2/iO3 SSC'vc;`t,RE5^!E? 1;xecirteti rl is cl,iyof / __ , O2L2. 1OO D.,•MUC KLE NAGING MEMBER T) A EBERL Af1(/A DEBRA EBFRT, MUCKLF.R, MANAGING MEMBER State of COLORADO )ss {:uirrrry of WELD The foregoiii- nr5[ume[]t wos ackrrow[edgecl before mr.• his 1w (Ii of c_ 3QflLJ.Cfl.t] by I ODD II. MUCKLER AND DEBRA EBERI, A!K!A DEBRA EBFRIL-MUCKLLR AS MANAGING MF.NTBER5 Cllr LAKO I A LAKES RANCII, TIC, A COLORADO LIMITED LIABILITY COMPANY W ricss my hard ,irid official Ty rnmm1ssion expires; _ - Nclr4' PLJ it Wi-l] N i;i.coRUUE�i;i':rUPN rn_ HEAD -ER M. i _RL NG E 0iAEY i-tliELLC ID ltiri CGS'sFii5 ':3i L.;.'L-'�Ri-:i Farm 13759 03120C ; soa.udt F1:2.5131i811 {240 52479} p,, 2 of =2 2.6 AMENDMENT AND REVOCATION: Settlors reserves for settlors' lifetimes the following powers which settlors may exercise at any time or times, in their individual capacity or by dual signings: (a) in revoke the trust by a srilinl', and (a) Upon trustee's consent, to amend the trust, in whole or in part, by a writing. ARTICLE 3 - BENEFITS PAYABLE TO TRUSTEI 3.1 SETTLORS' RIGHTS 1N POLICIES: Sertlors reserve and may exercise without the consent or approval of trustee or any beneficiary, all the rights, powers, options and privileges which could be exercised by an absolute owner under the terms of any instrument governing the payment of benefits directly to trustee, were such property not assigned to the trust; or were trustee not designated the beneficiary thereunder. Trustee shall deliver aII life insurance policies, or other instruments evidencing trustee's right to receive benefits. which are deposited with it under this agreement, on Settlors' v,riIt.en request. Trustee shall have no duty to see that a withdrawn instrument is returned to its custody. TWO HOPES LIVING REVOCABLE TRUST This agreement is made on November 1. 2U 15, by and between TODD D. MUCKLER and DEBRA R. EBERL, of Weld County, Colorado, as settlors, and as trustees, with respect to the initial trust estate, described in Schedule A, which settlors transfer to trustee and which trustee accepts and agrees to hold, together with any future additions to the trust which are acceptable to trustee_ ARTTCT.F 1 - FAMILY INFORMATION ARTICLE 2 - SETTLORS' RIGHTS iN THE TRUST 21 DISTRIBUTIONS AS SETTLOR DIRECTS: During settlors' lifetimes, trustee Shall dispose of the net income and principal of the trust in such manner as settlors may direct from time to time. WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:39:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered- This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202006 Account Parcel Owner Mailing Address R8586700 095729000048 BOTTERILL ADAM R8586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R8586800 095729000052 KEMMER DEBRA S R8586800 095729000052 KEMMER GORDON B 25741 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R8941623 095729000057 COULSON EXCAVATING CO INC 3609 N COUNTY ROAD 13 LOVELAND, CO 805382316 R3946005 095729202003 HUGUNIN RHONDA f %Ji' R3946005 095729202003 HUGUNIN WILLIAM 1419 3RD ST CAMANCHE, IA 527302003 R3946105 095729202004 R3946205 095729202005 SCHWARTZ KEISHA RAE Parcels: 12 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:39:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. -_\ Signature Property Owners Within 500 Feet of Parcel # 095729202006 Date Account Parcel Owner Mailing Address R3946205 095729202005 SCHWARTZ TANNER D d LF R5 ✓�G UIN SQR Jo ,7S/ ≥?TL R3946305 095729202006 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946405 095729202007 ZANDER STACEY M R3946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946505 095729202008 LAKOTA LAKES RANCH HOMEOWNERS 7182 LAKOTA LAKES RD ASSOC JOHNSTOWN, CO 805345629 R3946605 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 805349604 R4418706 095729203007 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418706 095729203007 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY, WE 542359147 Parcels: 12 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:39:26 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. _7? Signature o. tc2/ Date Property Owners Within 500 Feet of Parcel # 095729202006 z-- a�.s - Parcels: 12 Owner Records: 18 Page 3 of 3 Weld County Treasurer Statement of Taxes Due ccaunt Number R394630W Parcel 0957292{121100 Lcgaf Description Siw5 Address LLRC €.6 1_AKOTA LAKES RANCI-E PUL] C0RR 7142 L AKO'l'A LAKES RD WE=LD Account: R3946305 TWO HOPES LIVING REVOCABLE TRUST 7342 LAKOTA LAKES RD JOI-iNSTOWN. CO 80534-5629 Year Atliuti4mcrLs Inlere,t F r ' Paymenns Rulance Tau Cliar+?e 202[1 43,4S6.62 $0_Ua S, ) 0) $0i30 [$2,743.31) 52.743.31 Total Tax Charlie 2743.2 First Half Due as urG610712021 5f1_r10 Sccar d Hal[ Due a.5 of 0610712021 52,743.31 'I ax Billed at2.420 Rates for Tax Area 2371 - 2371 .ill Lllal1l� Mill LC4'v . n7{1UrL Y,LILICi Ac Lual scscJ \ i:l,l7 i C)l'N FY 1 r.I13I I7IJ00 $ 3* 79 Sl\(iLE f'AivI.IZ1:5.- $ [ (, 4,x.36 S 11.76t tiCr9L)f7E D[5T RE5J 47.8{1i)G00lI S2.%65,b0 LAN[ 7 S€N(31.E r-\ L i 5 5703.1 ? ;t}_77U � }I� FI IEE�ti C'i7L{74t:113Q WATER l fL 7l LW0U000 $6103 ME lkOVr41T5 P \T RGL' FIRE 12F.SCUE € IO i l240000 5714.54 ToLail S87.64S 552.03[1 L A[l' C1.�LLF{,f l_ h.30Un00 531 : , ',;?,.A RI\ ER RL,C 3 ; -100111) S2?.94 LiE IR1' 3.L8100U[1 S197.a'_' r 88.4�101JUa S5.480,0:1 Weld County Treasurer's Office 1400 N 17sn Avenue PO Box 458 i _ V Greeley. CO 80632 Phone- 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax [lens attached to this account. Current year's taxes are due but not delinquent. Signed: i Date ;Y PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # l:n CASE ft ASSIGNED; APPLICATION RECEIVED BY PLANNER ASSIGNED: — ` Parcel Number 0 9 5 7- - 2 9 2 0 2 - 0 0 7I'1' t':' (12 digit numer- found on 1aI,p- irriorrnatior. obtainable at the Weld County Assessors Off, or www.co weld.co_usi llnclude all lots being included in the application area. If addillona! space is required, attach an additional sheet_) egal Description Lakota Lakes R tick Corrected PUD Section 29, Township 5 North, Range 57 West Property Address {If Applicable) 7132 Lakota Lakes Rd Johnstown, CO 80534 Existing Zone DistrlctP lJD! L. Proposed Zone DistrlctPUD{ETotal Acreage: 85.86 Propcsed #!Lots 7 Average Lot Size: Minimum Lot Size. Proposed Subdivision Name: Lakota Lakes Ranch Proposed Area (Acres) Open Space: 40 Are you applying for Conceptual or Specific Guide? Conceptual Specific [7 Amendment FEE OWNER(S) OF THE PROPERTY {If additional space rz required, attach an agditivnat sheet) Name: Ryan M Goodnight Work Phone # 303-870-5211 Home Phone t* 303-870-5211 Email Address i o ]i �t@.SerarritvTfFcom Address- 7132 Lakota Lakes RD City1StateiZin Code Johnstown, CO 80534 APPLICANT OR AUTHORIZED AGENT (See 5erow kufhorator hasmpany app[cetons signed by. hr2ed 4enr) Name-- Ryan M_Goodnight __— Work Phone # 303-870-5211 Home Phone # 303-870-5211 Email Address_r oo j a sectirt .com Address: 713-2 L?? L kottl $1),. — CitylStaie/Zip Code Johnstown, CO 80534 - - UTILITIES: Water: Sewer: Gas: Electric: Phone: DISTRICTS School: WELD RE -SE Post G33i Johnstown I (We) hereby depose and state under penalties of perjury that all statemnts, prupaseIs, andlor plans submitted with Or contained within the application are true and correct to the best of my (ourlkncwledge- Signatures of ail fee owners of property roust sign this application_ if an Authorized Agent signs, a letter of authorization from all lee owners must be included with the application. if a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corpora₹ion I (we), the undersigned, hereby regciesi the Department of Planning Services to review this PUC Final Plat or request hearings before the Weld County Planning Commission and the Hoard of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado. Signature: Owne r Auiho zedAgent Date Signature: CwnL-r or Authorized Anent mate WELD COUNTY COLORADO LAND RECORDS AFF=IDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 61712021 1239:57 PM THE UNDERSIGNED, States that to the best of his or har knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Numder assigned by the Weld County Assessor ofthe owners of the property the surface estate) within 500 feet of the property being considered_ This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, htt�i/wwwcoweld.co.us, and has not been modified from the original, The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202007 Account Parcel Owner Mailing Address R8586600 095729000047 MEZA LORETTA 25809 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 88586700 095729000048 BOTTERILL ADAM R8586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R8586800 095729000052 KEMMER DEBRA S R8585800 095729000052 KEMMER GORDON B 25741 COUNTY ROAD 15 112 JOHNSTOWN, CO 805349515 R8585900 095729000053 SISKOWSKI BECKY ANN R858d90C 095729000053 SISKOWSKI DEAN EDWARD 25671 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R8941623 095729000057 COLILSON EXCAVATING CO INC 3609 N COUNTY ROAD 13 LOVELAND, CC 605382316 83946105 095729202004 Parcels: 17 Owner Records, 26 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS 617f2Q2`i AFFIDAVIT OF INTERESTED LAND OWNERS 12:39:57 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:llwww_co.weld.co.us, and has not teen modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date Signature Date Property Owners Within 500 Feet of Parcel # 095729202007 Account Parcel Owner Mailing Address 83946205 095729202005 SCHWARTZ KEISHA RAE R39452D5 095729202005 SCHWARTZ TANINER D 599 VERMILION PEAK DR WINDSOR, CO 805503250 183946305 095729202006 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946405 095729202007 �- R3946405 095729202O7 ZANCF=R DNJ*lN.-& 7132 tAKOTA LAKES RD JJ i JOHNSTOWN, CO 805345628 83948505 095729202008 LAKOTA LAKES RANCH HOME WNERS 7182 LAKOTA LAKES RD ASSOC JOHNSTOWN, CO 805345629 838465(35 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3945705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 728$ COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 805349604 R3946805 095729202011 MCGILLJAMIE Parcels: 17 Owner Records; 26 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS Af'FII)AVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 617/2021 12-39.57 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utlli2ing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:Ilwvw+r co_weld co us, and has not teen modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. nanature Date Property Owners Within 500 Feet of Parcel # 095729202007 Account Parcel Owner Mailing Address R3946805 095729202011 CHRISTENSEN DIJSTIN 7080 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 84418506 095729203005 SCHROEDER BARRY WILLIAM R4418506 095729203005 SCHROEDER NICOLE HELLER 25341 HERITAGE CT JOHNSTOWN, CO 805349550 R4418606 095729203006 SCHROEDER NICOLE 84418506 095729203006 SCHROEDER BARRY 25341 HERITAGE CT JOHNSTOWN, CO 805349550 R4418706 095729203007 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418706 095729203007 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY, WI 542359147 84418806 095729203008 GOSNEY JOHN L DEAN ELEANOR R 3104 LAKE FOREST PARK RD REVOCABLE TRUST STURGEON BAY, WI 642359147 Parcels.- 17 Owner Records: 26 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:39.57 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld co us. and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202007 Parcels 17 Owner Records 26 Page 4 of 4 Weld County Treasurer Statement of Taxes Due Accaunt Nrember R3946405 I'irccl 0917292O2T07 Legal Descripti9n 5iius Address LLRC 1.7 LAKO-I A LAKES RANCf f P11D CORR 7 E 32 LAKOTA LAKES RD ` LLD Account: R3946405 GANDER BENJAMIN S 7132 LAKOTA LAKES RD .IOHNSTOWN, CO 80534-5629 Tati •fit?u5trlcrts Inurc%L FC-C4 p [ivmLnLS Ta% Car: SO.QC $0.00 $0.001 ($3.0�.32) SOW] Gram. L S�f.0fh 1 Lc1. ;\riinurit Values. Aci�r;ri Assessed ) SINGLE: AMRE- - 5153.378 $ E 1.720 ,, - _ :. ; 5l ]4 Cyg LAND SINGI.1- FAM_R'cS- 530{1.310 527,010 - :r ru„il S. G IMPROVEiM'LS t I i.; ,i.tOllli S4 70 Tc 0 $-14.135 539.031) I!50000 S240.$7 5 40L'Iu{1 5142.43 ;,, •.,' - 3 kSlt1(10U 51'0.06 3 at - ':'_e `$,a`1(YC1111 33.5{15.31 Wed Courity Treasurer's Office 1400 N 1 -ph Avenue PO Sax 456 Greeley, OO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. x - Signed:_ Date: Y , f PLANNED U MT QE' IOPMENT (PLJD) FINAL'PLAT:Af�PL AT'10N FOR PL.AI�f IJNG EPARTME T SE DATE t ECEIPTi fAlvtOLNT2F TJ$ CASE#RS aNED. APPLI A'i't4EeEIv 3 $'I PLA1NER A SIG€ !?, ( f2numberr-tidnn 1a!fl. Z. lrftrma ott, attffibJe at t₹ g Vvwd Cw.* M%e fk6 O , ar atw w efd.aa us} (€rt rd ar€;tnt # lEtg•€nNudad n the app &t + A.a8y IPddtttppI space qd atdt an atfdt�� 1 slrael Ial Iess�F�ptio J°, e , /2(1 'C',' Sk€vetoth, R� te# �.xfstin �� E�i�tr:'r�E t3rope ! Address 9 P€opsed Zcan*D I TotalAce� A recageLotSipe. I nl€tuflLet Sze PropsSu v�si $anie, K f Propaseact A ea(A0 Open SPaoe'. _ / Are• you appl�ir+q t Cs cePtt t.es' St3tE rsi€fe? Carkeeptt if ._.. S F; ,E OWN1*R S}'0F THE PROPERTf (rt as rd. dn2IStt r iriKi7i11e: ice- 4f lJ- ff -Vrfcsria Prone;# Homo hone #__________ Err�kf Address " AddreS5i: I Ct ti . r, ... mil -��_—T_--_-- IStatip Cdiw of ` �� nas 6 A�# gent� ��-�� C..' APPUCJI T OR AW HOR$ZED AGENT j e Aalo Auf r'n rs��rst accFsr rrY lgnad Y W4tti P?Sone # Home Phone # EMaii Add s, ldressv [ €tt tState ZIp Code :UTILITIES, Water: €edric: Pton6_ •DISTRCT : $shoot . . u . that ali staenants, Prop€*a a0df r pI ° submitted v ith Qr I � hereby depose and:ata#e under pared � R�'a r'Y cDntalned wttbtri th*- ap ttlr;afon are true &nd c-oxeet to the t t o my ntwe of all fie owners of property must sign this 4p EcatioCt: If en A}thanz d Agent signs, a letter of -a fltvrtt� fr n aH Teu'vw rs must hh iriei d d wits tts epplicahon If a corporatiorx.ls th . f er., notered videnCC must bs iricludsd in ca n€3 the rjgnatory hr�s the 1ga! authority to sigrt far the ,snr t1m.1: (vsa}, te-iartdersig tied. hereby ve41est t se OprtmGflt Of l to ning Serf+ices to re,riew Its PU:I] F€ ai Pit ic reps st heenn fute the ItV id tnty PI tin Commis4n d the OfCOIWY lo .rs fl001Thfl9:t e RIJD 19al sati r the Sbaso ±eacibed'un oa€p�rated area of s�eld ur, 'Iardn: Si≥ tratur�3.: c rt r or A Aen{ Date S rat re o r'sar utttryr zed Agervt dat0 WELD COUNTY COLORADO LAND RECORDS 61712021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:41.01 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, httpJfwww.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 09572920250B Account Parcel Owner Mailing Address R0919301 095720000033 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BRIGGSDALE, CO 806119319 R8586600 095729000047 MEZA LORETTA 25809 COUNTY ROAD 15 112 JOHNSTOWN, CO 805349515 88586700 0957290D004B 84TTERILL ADAM 88586700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 88586800 096729000052 KEMMER DEBRA S R5586800 095729000052 KEMMER GORDON 8 25741 COUNTY ROAD 15 1/2 JOHNSTOWN, CO 805349515 R3945805 095729202061 CHRISTENSEN DUSTIN C R3945805 095729202001 MCGiLL JAMIE A 7008 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 R39459D5 095729202002 RICHARDSON BRYON 7182 LAKOTA LAKES RD JOHNSTOWN. CO 805345629 Parcels: 15 Owner Records'. 22 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAN❑ OWNERS SURFACE ESTATE 517/2021 12:4101 PM THE UNDERSIGNED, States that to the best of his or tier #cnowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the We'd County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was comp+Ied utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:l/www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 095729202008 Signature Date Account Parcel Owner Maiting Address 83948005 095729202003 HLIGUNIN RHONDA 83946005 095729202003 HUGUNIN WILLIAM 1419 RD ST CAMANGHE, IA 527302003 R3946105 095729202004 R3946205 095729202005 SCHWARTZ KEISHA RAE R3946205 095729202005 SCHWARTZ TANNER D 599 VERMILION PEAK DR WINDSOR, CO 8055D3250 R3946305 095729202406 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946405 095729202007 ZANDER STACEY M R3946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CC 805345629 R3946505 095729202008 LAKOTA LAKES RANCH HOMEOWNERS 7182 LAKOTA LAKES RID ASSOC JOHNSTOWN, CO 805345629 Parcels: 15 Owner Records: 22 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 617f202 t 12:41:01 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was cornpded utilizing the records of the Weld County Assessor available on the Wald County Internet Mapping site, http:llwww.co_weld.co.us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. - f � Signature Date Property Owners Within 500 Feet o€ Parcel # 095729202008 Account Parcel Owner Mailing Address 83946605 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 845345629 R39467D5 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 805349604 84418706 095729203007 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418705 095729203007 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY, WI 542359147 Parcels: 16 Owner Records 22 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:41:01 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld,co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ( Signatures Date Property Owners Within 500 Feet of Parcel # 095729202008 Parcels: 15 Owner Records: 22 Page 4 of 4 Weld County Treasurer Statement of Taxes Due Account Number 83946303 Furc�l 0937292Q200R --- i.gal Description LLRC ou'rI,OT A LAKOTA I.-AKFS RANCH PUD CORK Account: 83946505 LAKOTA LAKES RANCH HOMEOWNERS ASSOC 7182 LAKOTA LAKES RD , OHNSTOWN, CO 80534-5629 Siiuw rAddnss Ytar Tax [nnt�rs Mt FeeL'lance < rand `['oral Due as of 06/Il7'2021 SU.[]9 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES- CHANGI*S MAY OCCUR ANU THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARICT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS- PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurers Office 1400 N 1 rn Avenue PC) Box 458 Greeley, CO 8O632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed; Date: _ a ..r 140O N. 17th Avenue, Greeley. CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-329D Page 1 of 1 PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT #rG I$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number - C� - - - (� (r'1'fe I 1� .1� ti'l per" l (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www"co_weld_co.us) 1'k.U14� 1 elude pill ng included in the application area. If additional space " 1reqlired, attach an additional sheet ) Legal Description 7 r / v/c .. Section Townslif North, Rang/'West Property Address (If Applicable) , /r�itfh� Existing Zone District:_ Proposed Zone Qistrici:aTotal Acreage: Proposed #ILots Average Lot Size: Minimum Lot Size: Proposed Subdivision Namel—Lt Proposed Area (Acres) Open Space:�L�� _ Are you applying for Conceptual or Specific Guide? Conceptual _ _ Specifc FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: L /kc T/ LAk1,, -" 1 I -j rLI .C�, Work Phone #7z -''5 & - S { ! Pho # U= 3 Email Address /s? GAL',. -O71 Address: 1/ �: Z 7 City/State/Zip Code S APPLICANT OR AUTHO Name: i)d.._ Work Phone Did - 63b. Address: 7/7''s_/ City/State/Zip Code UTILITIES: Water. Sewer: Gas: Electric: Phone: AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) DISTRICTS: School: � 5"/ Post: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County lorado:. fr Signature: D nerorAuthorized Agent / ate Signature: Owner or Authorized Agent Dat --10-- Weld County Treasurer Statement of Taxes Due k�Lnunl umber R394G60Parcel 0957292420U9 I e_al Drscriptiu❑ 5IIUS Address Ll.[ti. OU t LOT B LAKOTA LAKES RANUH PUL) C7EER Account: 83946605 I AKOTA LAKES RANCH LLC 142 i.AKOTA LAKES RD JOHN'STOWN, CO S0534-5629 Tax AdJusrre,aurs rn1aresr Fees PaVITI rIrs Balance 524.78 54.00 $0-00 {$25.03) 5U00 -_arse 50.00 a5 of 06 07?021 50.00 • = _ Ralcs far T'ax Area 2371 - 2371 Mill Lavy Amuanc Values I; 0;86000', 54.2! V.1(ON1 RP l OT5 47_20ft000 S 1=.40 i atal 11 1FER 1.0000000 SO 2 ].2400(fl) 52.+ .;{]0000 51.7E -59[}0{]0 St 61 , -11ti 10000 50.89 86.45 140011 Sea."r8 VOeid County Treasurer's Office X404 N 1710 Avenue .- PO Box 458 _ Greeley, CO 80632 Phone; °70-400-3290 Actual Assc,scd $96t S2S0 .5)01 51S0 ._ e.d County Subdivision Ordinance, the attached Statement of Taxes Due :c County my Treasurer are evidence that as of this date, ail current t and prior year taxes related to this parcel have been paid in full. Sgned: = Date: r. Pk N D UNIT OEVELQPMENT (PUD):FINAL. PATAPPLCAflON FOR PLAN tE.N DEPARTMENT USE DATER V [)� RECE0f�i�_ APPLICATION RECEIVED BY INNER AleNi :. Pam Nur ,�,. - �-'-L1C {12drmatton alaatUtlNeld•u9+rssar's'.¢r��.�t�} Mud all lra s. eln9' Il i l flit si arf ores, l a004"a a { Ss mil# a .+ i final slsee� } It f d r I I eeexiptia �i i t r l c 1 (t' L�tl To shi# Noetha :g, ,uvest P4 Addre (if Applic bis} Exlsting: Zone N isMCL ropased .Qnm UIr T t I Ace :..' r ses #Lo s _____ Avreragrs L.ot Size: tin aun:Lot Size' Propos Bondi ; Name; k �' f 1 Prop Area (AEI Qpen Space: Are you ap.jAyl 7g for C artreptuat or SPaaif`l GU€de? COnceptu l pr u I`�i FE O` i. }` OF THE PROPERTY ¢it Name: � rii- Lt r I Waft Phc n Address:(fiJ G�tylStatip Ise :.lequd. utfaid art acidl anal at)a) Erciail A__._: APP .ICANT OR AUThORZD AE1T eea ow' Aytha4wtroa rstuataeacair a± yr e trr i n by r₹lrorF ctA4er€t€ Worst Phone #R ._ Nome Phone Adress: ... CIt5+1SWtigZ Code irTuTIEs der: Saw W as, Efectr€c' i Addles _ . P8'T# DISTRrCTS cltcl • -- (We) her by -depose and state QncIor gena[ties Of. perjury° the€ ell statetnsrsts, prop lsndfor pa1s spbrrtttlad wif€€ or r#nta€ned witht1fhPap lieafiai as truO and c seGI to the bt o€ my (our)tatawldge, .,lgrxatcre5 nf' all . came rs of properly nw t rigrt his applicafiot If an A odzed Age signs, a letter of a ►r€ all tee owners revs# be mpotuded with tht app€lotion. !f a corporetlon.Ls the fee der, n€rtan ed: evm ence nut be inctuder mnthoata the eig at ry IZ t1e fegai uthQrfy to sign fort the corpotetk n, t (we), the reigned 1, Hereby re tuest the Oopertmei & Plat3nittg *►Mires to review l8is PIJD Final Pat or reque1. hearings before the Wexi Count Planning Commsslon ad the k ar i of County issio re nc using the PUD Find Plel for the 3bev deected uryl or&tteti area .qlWild 5i naur€3..Grier �r i eci Pant Dofe si atert . owner ar Uthoa ed Agent Date WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 61712021 12:42:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site. btIp:llwww-co-weld-co_us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202010 Account Parcel Owner Mailing Address 88955568 095719400002 CROISSANT FAMILY FARM LLC 4931E COUNTY ROAD 83 BRIGGSDALE, CO 8061193/9 R0919201 095720000033 CROISSANT FAMILY FARM LLC 49316 COUNTY ROAD 83 BRIGGSDALE, CO 806119319 R1633686 095729000018 BETZ EMANUEL TRUST 6112 CHARLOTTE ST JOHNSTOWN, CO 805348614 88586600 095729000047 MEZA LORETTA 25809 COUNTY ROAD 15 112 JOHNSTOWN, CO 805349515 88586700 095729000048 BOTTERILL ADAM R8566700 095729000048 BOTTERILL JENNIFER 7360 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 88586800 095729000052 KEMMER DEBRA S R8586800 095729000052 KEMMER GORDON B 25741 COUNTY ROAD 15112 i JOHNSTOWN, CO 805349515 R8586900 095729000053 SISKOWSKI BECKY ANN Parcels: 26 Owner Records 39 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 51712021 12:4241 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site. hltp_ftwww,co.weld.co.us, and as not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. } V Signature Date Property Owners Within 500 Feet of Parcel 9 095729202010 Account Parcel Owner Mailing Address R8586900 095729000063 SISKOWSKI DEAN EDWARD 25671 COUNTY ROAD 15 112 JOHNSTOWN, CO 805349515 R8941623 095729000057 COULSON EXCAVATING CO INC 3609 N COUNTY ROAD 13 LOVELAND, CO 8053523/6 83945805 095729202001 CHRISTENSEN DUSTIN C R3945805 095729202001 MCGILL JAMIE A 7008 COUNTY ROAD 54 JOHNSTOWN, CC 805349604 83946905 095729202002 RICHARDSCN BRYON 7182 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946005 095729202003 HUGUNIN RHONDA R3946005 095729202003 HUGUNIN WILLIAM 1419 3RD ST CAMANCHE, IA 527302003 83946105 095729202004 R3946205 095729202005 SCHWARTZ KEISHA RAE Parcels: 26 Owner Records: 39 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/7/2O21 12:42,41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utiliziI g the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:llwww.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 5OO Feet of Parcel # O957292O2O1O Account Parcel Owner Mailing Address R3946206 095729202005 SCHWARTZ TANNER D 599 VERMILION PEAK DR WINDSOR, CO 805503250 8394530$ 095729202006 TWO HOPES LIVING REVOCABLE TRUST 7142 LAKOTA LAKES RD JOHNSTOWN. CO 805345629 R39464O5 0957292O2OO7 ZANDER STACEY M 83946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3O465O6 0057292Q2Q0S LAKOTA LAKES RANCH HOMEOWNERS 7182 LAKOTA LAKES RD ASSOC JOHNSTOWN, CO 805345629 R3946605 095729202009 LAKOTA LAKES RANCH LLC 7142 LAKOTA LAKES RD JOHNSTOWN, CO 805345629 R3946705 O9572920201O LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 8O53496O4 R39468O6 095729202011 MCGILL JAMIE R3946805 095729202011 CHRISTENSEN DUSTIN 7O8O COUNTY ROAD 54 JOHNSTOWN, CO 805349604 Parcels: 26 Owner Records: 39 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 61712021 12:42-.41 PM THE UNDERSIGNED, States that to the best of t7is or her knowledge the attached list is a true and accurate list of the names, addresses, and the correspo-nding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld Coutlty Internet Mapping silo, htlpitwww.co.weld.co.us, and has not been modified from the original. The list compiled fur the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 095729202010 Account Parcel Owner Mailing Address R4418406 095729203004 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418406 095729203004 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY. WI 542359147 R4418506 095729203005 SCHROEDER BARRY WILLIAM R4418506 095729203006 SCHROEDER NICOLE HELLER 25341 HERITAGE CT JOHNSTOWN, CO 805349550 84418606 035729203006 SCHROEDER NICOLE R4419606 0957292030O6 SCHROEDER BARRY 25341 HERITAGE CT JOHNSTOWN, CO 805349550 R4418706 095729203007 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418706 095729203007 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY, WI 542359147 84418805 095729203008 GOSNEY JOHN L DEAN ELEANOR R 3104 LAKE FOREST PARK RD REVOCABLE TRUST STURGEON BAY, WI 542359147 Parcels: 25 Owner Records: 39 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS tS/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12.42:41 PM SURFACE ESTATE THE UNDERSIGNED. States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identi1tcation Number ass+gnarl by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site. http:Nwww.co.wetd.co.us, and has not been modified from the original. The list compiled for fhe records of the Weld County Assessor was assembled uvithin thirty days of the applications submission dale. Property Owners Within 500 Feel of Parcel # 095729202010 Date Account Parcel Owner Mailing Address R4418906 095729303002 DEAN ELEANOR R REVOCABLE LIVING TRUST R4418906 095729303002 GOSNEY .JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY. WI 54235147 R1634386 095730000019 SETZ EMANUEL TRUST 612 CHARLOTTE ST JOHNSTOWN. CO 805348614 Parcels; 26 Owner Records 39 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:42:42 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. p Signature Date Property Owners Within 500 Feet of Parcel # 095729202010 Parcels: 26 Owner Records: 39 Page 6 of 6 Weld County Treasurer Statement of Taxes Due Accaurn \umber R396705 Parcc-i 095 7202020E U LeiEal Descriprign Situs Aldrass LLk OUTLO r C LAKOTA LAKES RANCI-[ PuD CORR 7196 COUNTY ROAD 54 WELD Account: R3946705 LAKOTA LAKES RANCH HOMEOWNERS ASSOC 7288 COUNTY ROAD 54 JOHNSTOWN, CO 80534-9604 Year J [merest Fees Fayrn� its Balance Grand Tutal Due as of Ofi,'{] 202 [ SU,0o ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLoER OR TO ADVERTISING AND DJSTRALNT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOVV;NG DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES -AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LJEN SALE RE❑EMPTION PAYMENTS- PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH WedCounty Treasurer's Office 1400 N 171" Avenue Pd Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Wekd County Treasurer are evidence that as of this date, al! current and prior year taxes related to this parcel have been paid in full. Signed: 1� Date: �u3 N 17th Avenue. Greeley. CO 80631. PO Box 458, Greeley. CC 80632. (870) 400-3290 Page 1 of I PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT #JAMOUWT # 1$ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number IU (12 digit number - found on Tax I.D. information, obtainable at the Wetd County Assessor's pace, or www.co,we{d.Co.us) 1 (Include all lots being Included in the application area. If addition o5ce i re fired. attach an additional sheet.) Legal Descriptioni. r`"' i- t t# North, Raflge/LVeSt Property Address (If A plloable) //)L k/& r1 -% Existing Zone Distriett { ! Proposed Zone District: Total Acreage! Proposed #WLots Average Lot Size: Minimum Lot Size: Proposed Subdivision Name: -4 r Proposed Area (Acres) Open Space 4 r. i a:Lr.r f'r+ Are you applying for Conceptual or Specific Guide? Conceptual Specific FEE OWNER ) OF THE PROPERTY Ilt Name: \'�! Work Phone # Ioxte I Address:'_'' CityfState/Zip Code _ 4dltiona! space is required, attach an additional sheet) e # _ - Email Address -I L APPLICANT OR AUTHORIZED AGENT (See &eiow. authorization must accornpany applications signet by Rutharized Agenti Name: 1-L r " Work Phone # Home Phone # Add ress- City/StatelZip Code UTILITIES: Water - Sewer Gas: Electric: Phone: DISTRICTS: School: Post: Email Addres I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge- Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application- If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department o₹ Plan I Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Bo d of County Commissioners concerriirip the PLJD Final Plat for the above described unincorporated area of Weld County, Calarado; /7/I SignTtur : Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date --14— WELD COUNTY COLORADO LAND RECORDS 61Tf2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12A3:47 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate List of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping sate, http:llwwW.ce.weld.CO.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembted within thirty days of the applications submission date. Signature Date Property Owners Within 500 Account Parcel R1633686 l 095729000018 Feet of Parcel # 095729202011 Owner BETZ EMANUEL TRUST 095729202407 ZANDER STACEY M Mailing Address 612 CHARLOTTE ST JOHNSTOWN, CO 805343314 83946405 095729202007 ZANDER BENJAMIN S 7132 LAKOTA LAKES RD JOHNSTOWN, CO 605345629 1i3946705 095729202010 LAKOTA LAKES RANCH HOMEOWNERS 7288 COUNTY ROAD 54 ASSOC JOHNSTOWN, CO 805349604 R3946805 0B57292020 l MGGILL JAMIE X3946805 0957292020'11 CHRISTENSEN DUSTIN 7080 COUNTY ROAD 54 JOHNSTOWN, CO 805349604 84418306 095729203001 DEAN ELEANOR R REVOCABLE LIVING TRUST I I I 84418306 095729203401 GOSNEY JOHN L REVOCABLE LIVING 3104 LAKE FOREST PARK RD TRUST STURGEON BAY, WI 542359147 R4418406 095729203004 DEAN ELEANOR R REVOCABLE LIVING TRUST Parcels: 12 Owner Records: 20 Page 9 of 4 WELD COUNTY COLORADO LAND RECORDS 61712021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:43'47 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizsng the records of the Weld County Assessor available on the Weld County knternet Mapping site, http:I/www.co.weId.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. L F ri Signature Date Property Owners Within 500 Feet of Parcel # 095729202011 Account ' Parcel 84418406 O95729203004 R4418506 095729203045 R44185O 095729203005 ,4418606 1095729203006 '{5605 1095729203006 Owner GOSNEY JOHN L REVOCABLE LIVING TRUST SCHROEDER BARRY WILLIAM SCHROEDER NICOLE HELLER SCHROEDER NICOLE SCHROEDER BARRY 17D292030071 DEAN ELEANOR R REVOCABLE LIVING TRUST 84418705 0Y57292�d7 GOSNEY JOHN L REVOCABLE LIVING TRUST R44188D6 1 095729203008 I R4418906 095729303002 GOSNEY JOHN L DEAN ELEANOR R REVOCABLE TRUST DEAN ELEANOR R REVOCABLE LIVING TRU ST Mailing Address 3104 LAKE FOREST PARK RD STURGEON BAYr WI 542359147 25341 HERITAGE CT JOHNSTOWN, CO 805349550 25341 HERITAGE CT JOHNSTOVVN, CO 806349550 3104 LAKE FOREST PARK RD STURGEON BAY, WI 542359147 3104 LAKE FOREST PARK RD STURGEON BAY, WI 542359147 Parcels 12 Owner Records: 20 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS 617!2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:4347 PM SURFACE ESTATE THE UNDERSIGNED States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http:Jlwww.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission dateL r/ / iL/X . r r L (. r} f1 Signature Lest/ 7/ Property Owners Within 500 Feet of Parcel # 0957292x2011 Account 84413906 81634386 Parcel Tner 095729303042 GOSNEY JOHN L REVOCABLE LIVING TRUST 095734000019 BETZ EMANUEL TRUST -L. - -- - Parcels12 Owner Records: 20 Date Mailing Address 3104 LAKE FOREST PARK KU STURGEON BAY, VV; 542359147 612 CHARLOTTE ST JOHNSTOWN, CO 805348614 —I Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 6/7/2021 AFFIDAVIT OF INTERESTED LAND OWNERS 12:43:47 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 095729202011 Signature Date Parcels: 12 Owner Records: 20 Page 4 of 4 Weld County Treasurer Statement of Taxes Due Accoun1Nurriher 83946805 Parcel 09729?0201 I Legal Pcselipt[on Si1us Address LLRC OLJTLOT D LAKOTA LAKE=S RANCH PIID CORR Account: 83946805 CHRISTENSEN DUSTIN 7080 COUNTY ROAD 54 JOHNSTOWN. CO 80534-9604 Year Tuff AIjuui:ltms Payments Balance Tu'c Char, 2020 S.72 SO 90 S0O0 $6.00 1S55 72) 50.00 I otai Tax (: haree $0.Q0 Grand Teal Due a, elf 06 07 02 r 50-0t) Tax Billed at 7020 Rates riu'Ias .Ira7771 - AuiIiorft \r:[ -.\"i AA111f1t1111 1•alccs Aelll'11 A.�, .�5ed V. CI,i7 Ol. tiT1" = x $9.47 SINGLE- Fr\N.RFS - Y+8.747 3630 SCHOOL DI.ST ftl:;1 - 4 S3+i 12 LANE] NORTI PER\ COLOR '.r .i W,','F FR . ,r S063 'total S8.747 91630 INC FRONT RANGE 3'181= RFSOLF 1.1O 1 ,,,, :+, 57.27 :\[715,11. 1EC]R C 111 F.!_Li'= : e Cr'. it 3 }7 -IE-1OT111511. RII ER RL._ :.III!II S2.2 111(0-E l'1 __\14,tl I_I'3 R'I Ii L' , I.l: l it _ S�.00 ruxe5iRitkd ,lhl; �V _i]1111FrI Y;;.72 , [_ relit Le44 Weld County Treasurer's office '1400 N 17th Avenue PO Box 458 Greeley, Co 80532 Phone. 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: Date: November 16, 202O Lakota Lakes Ranch PU€] Corr We are requesting a changing is zoning from Estate Uses to Estate Uses Amended to accommodate Secondary homes/ADU buildings for family use on the lots. The roads and right-aways have already been built and dedicated in the original PUD and Shall remain in place. There will he no change to the open space dedicated to the PUD and will remain the same. The large acreage lots will have no change to the drainage or easements listed in the PUD and will remain the same as weld. Sincerely, ii f Jamie McGill Lakota Lakes HOA Homeowner DocuSign Envelope ID: FA714386-DE39-4A95-AA7F-17AB599FA795 To Whom it may concern: The homeowners of Lakota Lakes HOA authorize Tanner Schwartz to represent them forthe purposes of the PUDZ Amendment and rezoning of Lakota Lakes HOA and its homeowners. Each Lot owner is represented by the signatures below. DocuSigned by, 450120B4819044B.., DocuSigned by: 7BBA114EBFE347F... DocuSigned by: 2612A6D5E384C5.., flDocuSigned by: 'aurun.t,r V. Sr . Akf ly 357709D5244A4DF... DocuSigned Ab'y':''_r . 1n LU AB6IEBE0DE0746B... DocuSigned by: FDDCSFE3F50A46A.. DocuSigned by: C0169E20C6CD4E4,.. DocuSign Envelope ID: 1031 FEA1-D7A6-46F2-B7F8-E91 C510DF679 November 17, 2020 Attn: Weld County Planning Re: PUDZ Amendment to add ADUs for Lakota Lakes To whom it may concern: The homeowners of Lakota Lakes HOA authorize Jamie McGill to represent them for the purposes of the PUDZ Amendment and rezoning of Lakota Lakes HOA and its homeowners. Each lot owner is represented by the signatures below. DocuSigned by: DocuSigned by: Efr Jamie 4ivic iii and Dustin C.Ilrlstensen 709 county iountgnoc y Road 54 ocL4V,,u �4)Ex a RichhDardson 8deu6,ijIa La,J.esDcignod by: f .. hkBd�yE... 7167�La Lakota L4kesRc Rucigned 6y: 715. o.AA QejgyLakeS dcusigned by: Bt9°I��0 �&NCSYi`lA2F9A4EE.,. 71441 La (o ayLakes R�cadehot 3 ocu ,4EC54151A3A547A.., 7132 Lakota Lakes Rd 11/17/2020 1 5:39 PM MST 11/17/2020 1 7:49 PM CST 11/17/2020 1 7:58 PM CST 11/17/2020 1 6:15 PM PST 11/18/2020 1 7:45 PM CST 11/18/2020 1 1:40 PM CST Docu� • SECURE d Certificate Of Completion Envelope Id: 1031FEAlD7A646F2B7FSE9lC510DF679 Status: Completed Subject: Please DocuSign: HOA PUDZ Authorization.docx County 1 Number of Acres: PUDZ Authorization. for HOA Source Envelope: Document Pages: 1 Signatures: 11 Envelope Originator: Certificate Pages: 6 Initials: 0 Jeff McKinney AutoNav: Enabled 121 South Madison St Envelopeld Stamping: Enabled Pittsfield, IL 62363 Time Zone: (UTC-06:00) Central Time (US & Canada) jeff.mckinney@whitetailproperties.com IP Address: 208.68.49.57 Record Tracking Status: Original Holder: Jeff McKinney Location: DocuSign 11/17/2020 5:37:41 PM jeff.mckinney@whitetailproperties.com Signer Events Signature Timestamp Jamie McGill °o`o51gn°W' Sent: 11/17/2020 5:50:32 PM jam2finance@yahoo.com I ^fi - Viewed: 11/17/2020 5:52:15 PM Security Level: Email, Account Authentication ecccaol93ee,4t3 Signed: 11/17/2020 5:52:27 PM (None) Signature Adoption: Drawn on Device Using IP Address: 208.68.49.92 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/17/2020 5:52:15 PM ID: aa2be5c0-759c-4f78-abc7-e0d0ea61035e 0°�u Slgnetl by Dustin Christensen , Sent: 11/17/2020 5:52:28 PM dcconstruction@ymail.comse - Viewed: 11/17/2020 6:39:40 PM Security Level: Email, Account Authentication -'' Signed: 11/17/2020 6:39:54 PM (None) Signature Adoption: Drawn on Device Using IP Address: 208.68.49.92 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/17/2020 6:39:40 PM ID: 7db6b 1 ae-fb7e-40f5-ad38-bb86f00ad1 76 Bryon and Tara Richardson Sent: 11/17/2020 6:39:56 PM sunsetblushes1971 @gmail.com Viewed: 11/17/2020 7:48:53 PM Security Level: Email, Account Authentication '`c' Signed: 11/17/2020 7:49:18 PM (None) Signature Adoption: Drawn on Device Using IP Address: 172.58.59.104 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/17/2020 7:48:53 PM ID: f0a65f06-9435-4573-863a-65434fecd74a Jeff McKinney / Sent: 11/17/2020 7:49:19 PM ' jeff.mckinney@whitetailproperties.com /° "r- hf �� Viewed: 11/17/2020 7:58:12 PM Agent, Land Specialist '4❑6 Signed: 11/17/2020 7:58:19 PM Whitetail Properties Real Estate, LLC Signature Adoption: Drawn on Device Security Level: Email, Account Authentication (None) Using IP Address: 208.68.49.57 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp eocusignea ey Meredith McKinney Sent: 11/17/2020 7:58:20 PM meredith.mckinney@whitetailproperties.com _t°a d.°"""' Viewed: 11/17/2020 7:58:36 PM Agent, Land Specialist E'''.EFE"°`L- Signed: 11/17/2020 7:58:41 PM Whitetail Properties Real Estate, LLC Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (None) Using IP Address: 208.68.49.57 Electronic Record and Signature Disclosure: Not Offered via DocuSign °ocu5lgnetl hy. Tanner Schwartz �� Sent: 11/17/2020 7:58:43 PM Wn.l, Tanner.schwartz@hotmail.com AY' S(Lwa+ A Viewed: 11/17/2020 8:00:43 PM Security Level: Email, Account Authentication Signed: 11/17/2020 8:00:54 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.248.155.109 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/17/2020 8:00:43 PM ID:f4ce0378-b65f-4b2a-balb-b31dc7b0054e Keisha Schwartz °o`°S'9^e°"Y' Sent: 11/17/2020 8:00:55 PM fitmom_of6@yahoo.com LL(U SJ W -Yf Viewed: 11/17/2020 8:14:42 PM Security Level: Email, Account Authentication o22t1E92d4E@ Signed: 11/17/2020 8:15:02 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 208.68.49.55 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/17/2020 8:14:42 PM ID: 4f1d6b15-a0b5-4605-a1df-92da1fcbd11e Ben Zander °o o51gR�etlhyi Sent: 11/18/2020 10:14:32 AM r bzander@mmi-corp.com Viewed: 11/18/2020 10:25:28 AM Security Level: Email, Account Authentication E=o==_c7 Tua.9a. Signed: 11/18/2020 10:25:54 AM (None) Signature Adoption: Pre -selected Style Using IP Address: 174.198.134.213 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/18/2020 10:25:28 AM ID: 8826dod4-6470-49d7-8e8d-8571c85620f1 °o�usignetl b Stacey Zander 4 Sent: 11/18/2020 10:25:56 AM Staceyzander2003@yahoo.com � Viewed: 11/18/2020 1:39:07 PM Security Level: Email, Account Authentication Signed: 11/18/2020 1:40:14 PM (None) Signature Adoption: Drawn on Device Using IP Address: 73.243.131.148 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/18/2020 1:39:07 PM ID: ecaea152-1943-4f2d-99f4-bd8793ead312 Todd Muckler °oco�'q^e°hY= Sent: 11/17/2020 8:15:04 PM toddo1024@gmail.com I 1 L tiv Resent: 11!18120201:40:16 PM Security Level: Email, Account Authentication AEG EeEPCE0NEE Viewed: 11/18/2020 1:42:49 PM (None) Signed: 11/18/2020 7:07:00 PM Signature Adoption: Pre -selected Style Using IP Address: 208.69.215.23 Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 11/1 812020 1:42:49 PM ID: 5a6bbfa2-d84e-458e-8b8c-9b3d3e5f4fd4 O.c Agn d by. Debbi Muckier Sent: 11/18/2020 7:07:02 PM Debbirosel6@gmail.com LtM�L LL LL,' Viewed: 11/18/2020 7:45:26 PM Security Level: Email, Account Authentication DsSo9AU,F': A -E Signed: 11/18/2020 7:45:47 PM (None) Signature Adoption: Pre -selected Style Using IP Address: 208.69.215.23 Electronic Record and Signature Disclosure: Accepted: 11/18/2020 7:45:26 PM ID: 1c085468-f39d-4a42-9d95-72dffld09641 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/17/2020 5:50:32 PM Certified Delivered Security Checked 11/18/2020 7:45:26 PM Signing Complete Security Checked 11/18/2020 7:45:47 PM Completed Security Checked 11/18/2020 7:45:47 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 11/1/2018 2:15:35 PM Parties agreed to: Jamie McGill, Dustin Christensen, Bryon and Tara Richardson, Tanner Schwartz, Keisha Schwartz, Ben Zander, Stacey Zander, Todd Muckler, Del ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Whitetail Properties Real Estate, LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify Whitetail Properties Real Estate, LLC as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Whitetail Properties Real Estate, LLC during the course of my relationship with you. „s... r- .. .. . - r yF Summary �et�11a Rame LAK: IA .AIL S KANf;t I L L rani -7 S:,. �:: .rI FannationdahlrJ', status ID number 2C731&73'M Form L.Mi!,J L eedry Gc ropzny Pe riodic spore monIF I1 :1, Juriadiclion r'd1 L—drl Lak s'Ai 1;rt II,S IL 1N Dllll: l -I Ii LIr-lye! SIiIIe Principal otficeatreet addrcaa Princ{pal oillce malting address ftetater.d P.gR .t Ham. L'eAra LC c' tIfl. lie 8u'eeeaadrts 7 e2 LddAIC L7Kr5 Al .1d11:1nilnen GO2^G3a 'Jn,red S:n, I05 4174975 01/25/2016 10:32 AM Total Pages: 2 Rec Fee: $16.00 Carly Koppes - Clerk and Recorder, Weld County, CO flu 11111 fl I IIN1IIHIHI1IIII 11111 I STATEMENT OF AUTHORITY (§38-30.172, C.R.S ) 1. This Statement of Authority relates to an endtys named LAKOTA LAKES RANCH, LLC. A COLORADO LIMITED LIABILITY COMPANY 2. The type of entity is a: Corporation Nonprofit Corporation X Limited Liability Company General Partnership Limited Parttership 3. The entity is formed under the laws of COLORADO Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Government or Governn�ertal Subdivision or Agency Trust 4. The mat g addressfaor the entity is 1 t u 2 LAIC O1 -t La�ce5 Q� T-4 yM u.y� , Cn %3 34f 5, The X name X position of each person authorized to execute Instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is TODD D. MUCKIER AND DEBRA EBERL AJK/A DEBRA EBERL-MUCKLER AS MANA ANG MEMBERS 6. The authority of the foregoing person(s) to bind the entity: X is'- not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property. 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.RS.; 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. (Signature and Notwy Acknowledgment on Second Page) 'This form should not be used unless the entity is capable of holding title to real property. The absence of arty limitation shall be prima facie evidence that no such limitation exists. The statement of authority mast be recorded to obtain the benefits of the stanrte. Form 13759 0312005 soa.odt FC25136811 (24052479) pg lot 2 4174975 01/25/2016 10:32 AM Page 2 of 2 Executed thus `� day of _L_ AD MEMBER UEBR4'F,BERL AfKfA DEBRA EBERL-MUCKLER. MANAGING MEMBER State of COLORADO ) )5 County of WELD ) The foregoing instrument was admowledged before me this day of c. ru sh i1( by TODD D. MUCKLER AND DEBRA EBERL A/K/A DEBRA EBERL-MUCKLER R A MANAGING MEMBERS OF LAKOTA LAKES RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my Sand and offi ial seal. My commission expires: Public WHEN RECORDFn RETURN 1O: HEATHER M. STERLING NOTARY PUBUC STATE OF COLORADO NOTARY ID 20004007181 MY COMMISSION EXP1RS8 0W03±2018 Form 13759 03f2005 sva.odt FC25136811 {24052479) pg 2 of 2 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING 1, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, LAKOTA LAKES RANCH, L.L.C. is a Limited Liability Company formed or registered on 03/06/2003 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20031073479 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 11/23/2020 that have been posted, and by documents delivered to this office electronically through 11/24/2020 @ 12:54:48 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 11/24/2020 g 12:54:48 in accordance with applicable law. This certificate is assigned Confirmation Number 12748055 Gzn o -T J� ww�, Sc.ci'eriry of State of the'State of Cninirido End of Certificate Notice: A certificate issued electronicall from the Colorado Secretary of State's Web site is fill y and immediately valid and effective. However, as an option, the issuance and validity of a cet'tificale obtained electronically may be established by visiting the Validate a Cet'tificate page of the Secretatyy of State's Web site, http://t w'tv.SOS.State.Co.ttS/biz/Certtftcate.Seaich C,iterta.do entering the cet'tificate.v con fir'rnation number displayed on the certificate, and following the instructions displayed. Con fuming the issuance of a certificate is merely optional and is not necessar to the valid and effective issuance of a certificate. For mole inf vrnation, visit OitrWeb site, httpJ/ twt.sos.state.co.us/ click "Businesses, tt'adernat'ks trade names" and select "Frequently, Asked Questions. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED 1, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Report with Document # 20201179615 of LAKOTA LAKES RANCH, L.L.C. Colorado Limited Liability Company (Entity ID # 20031073479 ) consisting of 2 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 11/23/2020 that have been posted, and by documents delivered to this office electronically through 11/24/2020@ 12:55:42. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 11/24/2020 @ 12:55:42 in accordance with applicable law. This certificate is assigned Confirmation Number 12748060 Secretary if State of the State of Colorado, End of Certificate Notice: A certificate issued electronically fi'orn the Colorado Secretary of'State ''s Well site is fully and irnrnediatelr valid and effective. However', as an option, the issuance and validity of a certificate obtained electronically may he established by visiting the Validate a Cel'tificate page of the Secl'etaty of State S Web site, hddl7: WW}V.sos.state. o. ifs l)iZ CertifiL ateSeal'Lh CI'iter'fa. do entering the certificate c confirmation rmrnbel' displayed on the certificate, and following the instructions displayed. Con firming the issuance of a certificate is mel'ely optional and Lc not necessary to the valid and effective issuance of a certificate. For more information, visit out Web site, httl7://www.sos.state. co.us/ click "Businesses, trademarks, trade names " and select "Frequently Asked Questions. " Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 02/24/2020 09:39 PM ID Number: 20031073479 Document number: 20201179615 Amount Paid: S 10.00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) ID number: 20031073479 Entity name: LAKOTA LAKES RANCH, L.L.C. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 2. Principal office mailing address: (if different from above) 7142 Lakota Lakes Rd JOHNSTOWN (City) CO (Street name and number) CO 80534 (State) (Postal/Zip Code) United States (Province —//applicable) (Country —//not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—ifapplicable) (Country—ifnot U.S) 3. Registered agent name: (ifan individual) Eberl-Muckler Debra (Last) (First) (Middle) (Suffix) or (if a business organization) 4. The person identified above as registered agent has consented to being so appointed. 5. Registered agent street address: 7142 Lakota Lakes Rd (Street name and number) Johnstown Co 80534 (City) (State) (Postal/Zip Code) 6. Registered agent mailing address: 7142 Lakota Lakes Rd (if different from above) (Street name and number or Post Office Box information) Johnstown CO 80534 (City) (State) (Postal/Zip Code) United States (Province—ifapplicable) (Country —ifnot L:S) REPORT Page 1 of 2 Rev. 12/01/2012 Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Eberl-Muckler Debra (Last) (First) (Middle) (Suffix) 7142 Lakota Lakes Rd (Street narne and nurnhe, or Post Office Box information) Johnstown CO 80534 (City) (State) (Postal/Zip Code) United States (Province — if applicable) (Coup by — if not US) (The document need not state the true narne and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to he delivered for filing, mark this box ❑ and include an attachment stating the narne and address o/ such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev. 12/01/2012 11111111111111111111111111111111111111111111111111111111111 IN 3324506 09/20/2005 02:27P Weld County, Co 506 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKOTA LAKES RANCH THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for Lakota Lakes Ranch ("Declaration") is made on the date hereinafter set forth by Debra R. Eberl, Todd Muckler and Eli Krebs ("Owners"). RECITALS A. Declaranta, as the owners of certain real estate in the County of Weld, State of Colorado, executed that certain Declaration of Covenants, Conditions and Restrictions for Lakota Lakes Ranch l 15, in the records of the Clerk and Recorder 5, which was subsequently recorded on May 24, 2005 at Reception No 3288777, Weld County, Colorado (the "Declaration"). B. Owners are the owners of 100% of the property that is subject to the Dec bed below. C. The legal descri orth on Exhibit A of the Declaration is in error in that it contains property that w=asnot hit subject to the Declaration. D. Article 13, Section 13.2 of the Declaration �bpry �nly y es in pertinent part: vote or agreement of "...this Declaration, or any provision of it, may be Owners holding not less than seventy-five percent (75%) of the votes possible to be cast under this Declaration." E The Owners hold one hundred percent (100%) of the votes possible to be cast. NOW, THEREFORE, the provisions of the Declaration are hereby amended as follows: 1. The legal description set forth on "Exhibit A" to the Declaration is hereby amended to read in its entirety as follows: Lots 1 through 7, Outlot A and Outlot C of Lakota Lakes Ranch, Weld County, Colorado, according to the Plat thereof recorded on 2005, at Reception No. in the records of the Clerk and Recorder of Weld County, Colorado. REFERENCE: original recording July 20, 2005 under recording number 3304679 of Weld County Records and as shown on the Corrected Play of Lakota Lakes Ranch PUD recording 13 .3o v 5 under recording number 3 County 1111111111111111111111111111111111111111111111111111111 3324506 09/2012005 02:27P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder State of Oo/pd,) ss. County of GLlelal ) The foregoing First Amendment To The Declaration Of Covenants, Conditions And Restrictions For Lakota Lakes Ranch was acknowledged before me by Debra R...- Eberl on this ,3 _day of Au 2OO5. . — `-- Witness my hand and official seal. My commission expires: Notary ublic . - State of(24,r4') ) ) ss- County of ) The foregoing First Amendment To The Declaration Of Covenants, Conditions And Restrictions For Lakota Lakes Ranch was acknowledged before me by Todd. Muckler on this day of y4vt4.cH 2OO5. a 5 Witness my hand and official seal- , My commission expires: __________ /2:; ___________ Notary Public 7'y t- '!z 5- / cc, - State o ld ) IA ss. County ofd ) The foregoing First Afimndment To The Declaration Of Covenants, Conditions - And Restrictions For Lakota Lakes Ranch was acknowledged before me by Eli Krebs on-. , this 3 Lday of 2OO5. v li Witness my hand and official seal. •} My commission expires: - Notary Public 3 v,1 Zr'57J.,1, 6r z4& . 3 1111111111111111111111111111111111111111111111111111111 IN 3324506 0912012005 02:27P Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder 2. Withdrawal of Real Estate. Outlots B and D of Lakota Lakes Ranch, Weld County, Colorado, according to the Plat thereof recorded on 3 2005, at Reception No. 3 3O 1p, in the records of t Clerk and Recorder of Weld County, Colorado, are specifically removed from the Lakota Lakes Ranch common interest community and shall no longer be subject to the Declaration. Dated this 3 day of 2005. LAKOTA LAKES RANCH HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation Todd Muckler, President ATTEST: By: Jam. Y Jennifer Landen, Secretary Lakota Lakes Ranch Homeowners Association, Inc. OWNERS Debra R. Eber ?-L Todd Muckler Ii Kre s 2 111111111111111111111111111111111111111111111111111 IN 1i1. 1 ofX46 R�231006Weld D 0.00 SteveMorenoClerk&Recorder DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAKOTA LAKES RANCH Name of Common Interest Community: LAKOTA LAKES RANCH Name of Owners Association: LAKOTA LAKES RANCH HOMEOWNERS ASSOCIATION, INC. Declarant: DEBRA R. EBERL, TODD MUCKLER AND ELI KREBS Type of Common Interest Community: PLANNED COMMUNITY 111111111111111111111111111111111111111111111111111 I 111 3268777 05/24/2005 03:50P Weld County, CO 2 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder TABLE OF CONTENTS PREAMBLE..............................................................1 WITNESSETH............................................................1 ARTICLE 1 — DEFINITIONS 1.1. Act...........................................................2 1.2. Agency........................................................2 1.3. Architectural Design Standards ......... . ... . ................... . ... 2 1.4. Articles........................................................2 1.5. Annual Assessment ....... . ....... . ............................... 2 1.6. Assessments....................................................2 1.7. Association.....................................................2 1.8. Association Documents ............... . ...... . ....... . ....... . .... 2 1.9. Builder........................................................2 1.10. Bylaws........................................................2 1.11. Clerk and Recorder..............................................3 1.12. Common Elements...............................................3 1.13. Common Expenses .............. ................................. 3 1.14. Declaration ....... ............................................. 3 1.15. Executive Board.................................................3 1.16. First Mortgage..................................................3 1.17. First Mortgagee ........ ......................................... 4 1.18. Improvements...................................................4 1.19. Lot...........................................................4 1.20. Manager......................................................4 1.21. Member.......................................................4 1.22. Mortgage ......................................................4 1.23. Mortgagee.....................................................4 1.24. Notice........................................................4 1.25. Owner........................................................4 1.26. Parcel........................................................5 1.27. Plat..........................................................5 1.28. Project........................................................5 1.29. Property .......................................................5 1.30. Related User...................................................5 1.31. Rules and Regulations ..... . ...... . ............................... 5 1.32. Single Family ... . ..... .......................................... 5 1.33. Successor Declarant ........... ................................... 5 1.34. Supplemental Declaration .. . ............. . ...... . .. . ..... . ........ 5 ii 111111111111111111111111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 3 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder 1.35. Supplemental Plat ......... . ... .................................. 5 1.36. Undefined Terms................................................5 1.37. Unit..........................................................5 ARTICLE 2 — NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTEREST 2.1. Name.........................................................6 2.2. Existing Property ....... . . ....... . ............................... 6 2.3. Expansion Property . . ........ .................................... 6 2.4. Maximum Number of Units .... .................................... 6 2.5. Identification of Units ....... . .................................... 6 2.6. Description of Units..............................................6 2.7. Allocation of Interests............................................6 ARTICLE 3 — MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name................................................6 3.2. Transfer of Membership ........ . ....... . ...... . ................... 6 3.3. Membership....................................................7 3.4. Voting........................................................7 3.5. Declarant Control .. . ....... . .................................... 7 3.6. Books and Records .......... ..................................... 7 3.7. Manager......................................................7 3.8. Cooperation with Other Associations ....... . ... . .. . .................. 7 3.9. Rights of Action .. . ....... . .... .................................. 8 3.10. Implied Rights and Obligations ...... . . ...... . ..... . .... . ........... 8 ARTICLE 4 — POWERS OF THE EXECUTIVE BOARD ........ . .............. . 8 ARTICLE S - MECHANICS' LIENS 5.1. No Liability ...................................................10 5.2. Indemnification................................................10 5.3. Association Action .. . ...... . ...... . ........ . ....... . . .......... 10 ARTICLE 6 - EASEMENTS 6.1. Recorded Easements............................................10 6.2. Utility Easements ..... . ...... . ................. . ....... . ........ 11 111 111111111111111111111111111111111111111111111111111 IN 3288777 05/2412005 03:50P Weld County, CO 4 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder 6.3. Reservation of Easements, Exceptions and Exclusions ................... 1 1 6.4. Use of Easement Area ........................................... 1 1 6.5. Emergency Access Easement .......... . ... . ....................... l 1 ARTICLE 7 — MAINTENANCE 7.1. Maintenance by Owners ................. . ... . ................... . 11 7.2. Maintenance by Association .. . ........... . .. . .. . .. . .............. 11 7.3. Association Maintenance as Common Expense . ..... . .. . .............. 12 ARTICLE 8 — INSURANCE 8.1. General Insurance Provisions ............... . ................ . .... 12 8.2. Property and Commercial General Liability Insurance ................. . 12 8.3. Fidelity Insurance .... . .... ..................................... 1 3 8.4. Workers' Compensation Insurance ...... . .............. . .... . ....... 1 3 8.5 Directors, Officers and Members Liability Insurance . . .. . .. . ........... 1 3 8.6. Notice.......................................................13 8.7. Common Expenses ........... . ... . .............................. 14 8.8. Other........................................................14 ARTICLE 9— ASSESSMENTS 9.1. Obligation....................................................14 9.2. Budget.......................................................14 9.3. AnnualAssessments.............................................14 9.4. Apportionment of Annual Assessments ....... . .. . ....... . ............ 15 9.5. Special Assessments.............................................15 9.6. Default Assessments .... . . ............... . ................ . ...... 15 9.7. Effect of Nonpayment; Assessment Lien .......... . .. . ............. . .. 15 9.8. Personal Obligation . . ............ . .............................. 16 9.9. Payment by Mortgagee . ... . ... ................................... 16 9.10. Statement of Status of Assessment Payment ......... . .. . .......... . ... 17 9.11. Maintenance of Accounts; Accounting . . ... . ........ . .. . ............ . 17 ARTICLE 10 — RESERVED SPECIAL DECLARANT RIGHTS 10.1. Special Declarant Rights . . .. . ....... . .. . .................. . .. . .. . 17 10.2. Construction: Declarant 's Easement ......... . ... . ........... . .. . ... 18 10.3. Declarant'sProperty............................................18 10.4. Limitations on Special Declarant Rights . ......... . .. . .. . ............ 18 10.5. Interference With Special Declarant Rights .. . ......... . .. . ........... 18 10.6. Rights Transferable.............................................18 iv III328am 05124/2006I11111111111111111111111111111111111111111111111111103:50P Weld County, CO 28 5 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder ARTICLE 11— ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 11.1. Association Power .................. . ...... . .................... 18 11.2. Review.......................................................18 11.3. No Review ....................................................19 11.4. Membership of Architectural Review Committee .. . ..... . .............. 19 11.5. Plan Review Procedure .... . ... . ... . . ....................... . .. . . 20 11.6. Notice of Completion............................................21 11.7. Restoration of Lot After Completion of Improvements ............... . ... 21 11.8. Remedies Upon Noncompliance ................. . .. . ....... . ....... 22 11.9. Authority to Hire, Assess Costs, and Raise Funds ...... . .. . .... . ........ 22 11.10. Records ....... .......................................22 11.11. Restrictions on Use ............ . ... . ... . ... . .................... 23 11.12. Waivers, No Precedent .... ............. ....... ........ ......... .30 ARTICLE 12 — MORTGAGEE'S RIGHTS 12.1. Distribution of Insurance or Condemnation Proceeds ................... 30 12.2. Right to Pay Taxes and Charges .. . ........... . .. . .................. 31 12.3. Audited Financial Statement ... . .................... . ............. 31 12.4. Notice of Action ............ . ... . ............................... 31 12.5. Action by Mortgagee ...... _ . ......................... 31 ARTICLE 13 — DURATION OF COVENANTS AND AMENDMENT 13.1. Term ........................................................31 13.2. Amendment...................................................32 13.3. Declarant Rights ........ .............................. 32 13.4. Execution of Amendments ...... .... • • ... • ....................... 32 13.5. Revocation ........... ..................................32 ARTICLE 14 — WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County ..............................................32 14.2. Agricultural Uses ........... ........................... 32 14.3. Notice of Confined Animal Feeding Operations ....... . ...... . .... . .. . . 33 14.4. Rural Services ......... . . ............. . ......... . .. 3 3 14.5. Parental Supervision .. . ... . .................... . ............... . 33 V 11111111111111111111111111111111111111111111111111111111111 328877? 05124/2005 03508 Weld County, CO 6 01 46 R 231.00 a 0.00 Steve Moreno Clerk & Recorder ARTICLE 15 - GENERAL PROVISIONS 15.1. Restriction on Declarant Powers ...... . ......... . .. . ....... . ....... 33 15.2. Enforcement...................................................34 15.3. Registration of Mailing Address .. . ... . .......... . .. . ......... . ... . . 3 4 15.4. Limitation on Liability . . .......... . 15.5. No Representations or Warranties ... . . ............ . .. . ....... . .. . . . 3 4 15.6. Disclaimer Regarding Safety ...................... . .. . .......... . . 34 15.7.. Severability .......... . ........................................ 34 15.8. Conflicts Between Documents ... . .............. . .... . ....... . .. . .. 35 15.9. Conflict With Act .......... . . .. ................................. 35 EXHIBIT A LEGAL DESCRIPTION .............................................. 1.2 EXHIBIT B MINIMUM ARCHITECTURAL DESIGN STANDARDS .... . .. . ....... . .... 1.3 EXHIBIT C LIEN HOLDER'S CONSENT ........... . ... . ... . ................... . .. 1.5 A] 11111111111111111111111111111111111111111111111111111 IN IN 3288777 05/24/2005 03:50P Weld County, CO 7 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAKOTA LAKES RANCH (A Common Interest Community) PREAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the "Declaration") is made on the date hereinafter set forth by DEBRAR. EBERL, TODD MUCKLER and ELI KREBs, hereinafter referred to collectively as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State of Colorado, as described on Exhibit A attached hereto. WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to perform certain functions for the benefit of Owners of Property which may become subject to this Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain duties, powers, and rights of Owners of Property subject to this Declaration with respect to the Association and with respect to the functions undertaken by the Association_ NOW THEREFORE, Declarant for itself, its successors and assigns, hereby declares that all property herein or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title, or interest in said property or any part thereof and upon their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each party having any such right, title, or interest in said property or any part thereof. 11111111111111111111111111111111111111111111111111111 I111 IN 3288777 05/24/2005 03:50P Weld County, CO 8 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder ARTICLE 1— DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings: 1.1. Act shall mean and refer to the Colorado Common Interest Ownership Act found in Title 38 of the Colorado Revised Statutes. Any reference in the Association Documents to the Act or a section of the Act shall refer to the Act as presently enacted or subsequently amended. 1.2. Agency shall mean any agency or corporation that purchases or insures residential mortgages_ 1.3. Architectural Design Standards shall mean design standards adopted by the Architectural Review Committee from time to time that govern the quality of workmanship, color of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation and the master drainage plan and all other appearances of buildings and structures in the Project. The Minimum Architectural Design Standards are set forth in Exhibit B attached hereto. 1.4. Articles shall mean the Articles of Incorporation for Lakota Lakes Ranch Homeowners Association, Inc., a Colorado nonprofit corporation, and any amendments that may be made to those Articles from time to time. 1.5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget_ 1.6. Assessments shall mean the Annual, Special, and Default Assessments levied pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as defined under the Act. 1.7. Association shall mean Lakota Lakes Ranch Homeowners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. 1.8. Association Documents shall mean this Declaration and any Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules, regulations, Architectural Design Standards, or policies adopted under such documents by the Association. 1.9. Builder shall mean any person who acquires from Declarant one or more Lots for the purpose of constructing thereon a building and selling such building, together with the Lot upon which it is situated to any member of the general public. 1.10. Bylaws shall mean the Bylaws adopted by the Association, as amended from time to time. ►a 111111111111111111111111111111111111111111111111111111111 IN 3288777 05/24/2005 03:50P Weld County, CO 9 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder 1.11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of Weld, State of Colorado. 1.12. Common Elements shall mean all real and personal property, including water rights, and including all Common Elements as designated on the Plat, now or hereafter owned by the Association for the common use and enjoyment of the Owners. Common Elements shall also mean and refer to any and all personal property and Improvements owned or leased by the Association and shall include, by way of example but without limitation, any exterior signage which identifies the subdivision, the bus stop, exterior lighting, irrigation systems (including ditches and culverts), recreation equipment, and any other personal property owned by the Association. The Common Elements are to be devoted to the common use and enjoyment of the Owners (subject to the provisions hereof) and are not dedicated for use by the general public except as indicated on the subdivision Plat and the real estate records of the Clerk and Recorder of Weld County, Colorado. Common Elements shall be owned by the Association. In no event shall the Common Elements fail to be transferred to the Association on a date which is not later than sixty (60) days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns to third party purchasers. Each Owner and members of the Owner's family residing on the Project may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules and Regulations. 1.13. Common Expenses shall mean: (i) all expenses expressly declared to be common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Elements; (iii) insurance premiums for the insurance required or permitted under this Declaration; and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board_ Common Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be assessed exclusively against those Units benefitted. 1.14. Declaration shall mean this Declaration and the Plat and amendments and supplements to the foregoing. 1.15. Executive Board shall mean the governing body of the Association. 1.16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. 3 I111111 IIIII 11111 1111111111111111111111111 111111111 IN 3288777 0512412005 03:50P Weld County, CO 10 o4 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder 1.17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. 1.18. Improvements shall mean and refer to all improvements now or hereafter constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks, driveways, patios, decks, sheds, hot tubs, pools, landscaping (including pasture grass), fencing, irrigation and drainage systems (including ditches and culverts), site grading, and parking areas within the Project. 1.19. Lot shall mean and refer to any numbered area of land designated for separate ownership or occupancy as shown on the recorded Plat. Lot shall also mean a "Unit" as defined in C.R.S. § 38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any Common Elements including outlots. 1.20. Manager shall mean a person or entity engaged by the Association to perform certain duties, powers, or functions of the Association, as the Executive Board may authorize from time to time 1.21. Member shall mean and refer to every person or entity that holds membership in the Association by virtue of the ownership of a Unit. 1.22. Mortgage shall mean any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. 1.23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. 1.24. Notice shall mean and refer to: (i) written notice hand delivered or sent by prepaid United States mail to the mailing address of a Unit or to any other mailing address designated in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice through an Association publication which is hand delivered or sent by prepaid United States mail to the Units; or (iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail address or facsimile number designated by the Owner. 1.25. Owner shall mean any person, corporation, partnership, association, contract seller, or other legal entity or any combination thereof, including Declarant, who owns the record fee simple interest in a portion of one or more Lots and shall include the purchaser under any executory land sales contract wherein the Administrator of Veterans' Affairs is the seller, whether or not recorded, and whether owned by said Administrator or his assigns. The term Owner shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having an ownership interest in any portion of a Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure_ 1111111 11111 11111 111111 111111 3288777 05/24/2005 03:50P 11 of 46 R 231.00 D 0.00 IIIIIIIIIIIIIIIIIIIIIIIIII Weld County, CO Steve Moreno Clerk & Recorder 1.26. Parcel shall mean each platted, numbered, and recorded division of vacant land as depicted on the Plat. 1.27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the real estate records of Weld County, Colorado, depicting any portion of the Property subject to this Declaration. 1.28. Project shall mean the common interest community created by this Declaration and as shown on the Plat. 1.29. Property shall mean the real property described in Exhibit A. 1.30. Related User shall mean any member ofthe family ofan Owner who resides with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants, tenants, and contract purchasers residing in a Unit. 1.31. Rules and Regulations shall mean those rules and regulations as may be adopted by the Board of Directors for the management, preservation, safety, control and orderly operation ofthe Project and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. 1.32. Single Family shall mean an individual living alone, or any number of persons living together as a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than two (2) unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or legal custodial relationship. 1.33. Successor Declarant shall mean any person or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. 1.34. Supplemental Declaration shall mean an instrument which amends this Declaration. 1.35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any change in the Project through a Supplemental Declaration. 1.36. Undefined Terms. Each term not otherwise defined in this Declaration, including the Plat, shall have the same meaning specified or used in the Act. 1.37. Unit shall mean a physical portion of the common interest community which is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not include any Common Elements including outlots. 1111111111111111111111111111111111111111111111111111111111 3288777 05124!2005 03:50P 111111 III 1111 Weld County, CO 12 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder ARTICLE 2— NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTERESTS 2.1. Name. The name of the Project is Lakota Lakes Ranch. The Project is a planned community pursuant to the Act. 2.2. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Weld County, Colorado, and is more particularly described on Exhibit A. 2.3. Expansion Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration may only be expanded as set forth in the Act. 2.4. Maximum Number of Units. Declarant reserves the right to create up to a total of seven (7) Units. 2.5. Identification of Units. The identification number of each Unit is shown on the Plat. 2.6. Description of Units. Each Unit presently consists of surveyed and platted undeveloped vacant land. 2.7. Allocation of Interests. The Common Expense liability and voting in the Association are allocated to each Unit as follows: a. The percentage of liability for Common Expenses shall be determined by using a formula in which the numerator is one (1) and the denominator is the total number of Units subject to this original Declaration, or subject to this Declaration from time to time; and b. There shall be one (1) vote per Unit. ARTICLE 3— MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name. The name of the Association shall be Lakota Lakes Ranch Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. 3.2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units free from any such right. 1111111 11111 11111 111111 111111 III 1111111 III 111111 III IN 3288777 05/2412005 03:50P Weld County, CO 13 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder 3.3. Membership. The Association shall have one class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Except as otherwise provided for in the Association Documents, each Member shall be entitled to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner, including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. 3.4. Voting. There shall be one vote per Unit. 3.5. Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association to the fullest extent permitted under the Act and as set forth in the Association Documents. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that during the period Declarant would otherwise be entitled to appoint and remove directors and officers, specified actions of the Association or the Executive Board as described in the recorded notice be approved by Declarant before they become effective. 3.6. Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for copying such materials. 3.7. Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. 3.8. Cooperation with Other Associations. The Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with other homeowner association(s) and/or any district(s), to share the costs and/or responsibility for any maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement for any person(s) in consideration of payment or reimbursement therefor, to utilize the same contractors, subcontractors, managers or others who may perform services for the Association, any other homeowner association(s) and/or any district(s), or to otherwise cooperate with any other homeowner association(s) and/or any district(s) in order to increase consistency or coordination, reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and/or any other homeowner association(s) and/or any district(s), as the Executive Board may determine in its discretion from time to time. Additionally, the Association shall have the right and authority at any time, from time to time, to enter into 7 9911211112111 1111111111111111111111111111111111111111111 3�3288777 a5i24I2o0s 03.50P Weld County, 14 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder agreements and otherwise cooperate with any other homeowner association(s) and/or any district(s) to collect assessments, other charges or other amounts which may be due to such entity and to permit any such entity to collect assessments, other charges or other amounts which may be due to the Association; in any such instance, the Association shall provide for remittance to such entity of any amounts collected by the Association or to the Association of any amounts collected by such entity. 3.9. Rights of Action. The Association on behalf of itself and any aggrieved Owner, shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this section, the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the non -prevailing party or parties, for all reasonable costs and expenses, including attorney fees in connection with such arbitration or judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter_ 3.10. Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act, and by the Colorado Revised Nonprofit Corporation Act. ARTICLE 4 — POWERS OF THE EXECUTIVE BOARD 4.1. Powers. Except as provided in the Bylaws and the Act, the Executive Board may act in all instances on behalf of the Association, to: a. Adopt and amend bylaws and rules and regulations and Architectural Design Standards; b. Adopt and amend budgets for revenues, expenditures and reserves, and collect Assessments; c. Hire and terminate managing agents and other employees, agents, and independent contractors; d. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project; e. Make contracts and incur liabilities; 8 111111111111111111111111111111111111111111111111111 IN 3288777 05124/2005 03:50P Weld County, Co 15 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder f. Regulate the use, maintenance, repair, replacement, and modification of Common Elements, if any; g. Cause additional Improvements to be made as a part of the Common Elements, if any; h. Acquire, hold, encumber, and convey in the name of the Association any right, title, or interest to real or personal property, except that Common Elements, if any, may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of the votes agree to that action; notwithstanding the foregoing, the Association may dedicate or transfer all or any portion of the common area to any governmental authority; i. Grant easements, leases, licenses, and concessions through or over the Common Elements, if any; j. Annex additional property, pursuant to the terms of this Declaration; k. Impose and receive any payments, fees or charges for the use, rental, or operation of the Common Elements, if any; I. Impose charges for late payment of Assessments, recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after Notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; m. Impose reasonable charges for the preparation and recordation ofamendments to the Declaration or statements of unpaid Assessments; n. Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; o. Assign its right to future income, including the right to receive Assessments; p. Exercise any other powers conferred by the Declaration or Association Bylaws; q. Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; 9 111111111111111111111111111111111111111111 HIM III I111 3288777 05/24/2005 03:50P Weld County, Co 16 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder r. Delegate powers to a master association as provided in C.R.S. §38-33.3-220. If powers are delegated to a master association, the executive board of the master association must be elected pursuant to C.R.S. §38-33.3-220. s. Merge or consolidate the project with another common interest community of the same form of ownership. t. Exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE 5 — MECHANICS' LIENS 5.1. No Liability. If any Owner shall cause any material to be furnished to their Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any circum- stances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials to their Unit. 5.2. Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing thereof, and further shall indemnify and hold all the other Owners and the Association harmless from and against any and all costs, expenses, claims, losses, or damages including, without limitation, reasonable attorney fees resulting therefrom. 5.3. Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Unit or Units. ARTICLE 6 — EASEMENTS 6.1. Recorded Easements. The Property shall be subject to all easements as shown on any Plat, those of record, those provided in the Act (including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. 10 11111111111111111111111111111 3288777 0512412005 03:S0P 17 of 46 R 231.00 0 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder 6.2. Utility Easements. There is hereby created an easement as denoted on the Plat for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement includes future utility services not presently available to the Units which reasonably may be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment within such easement on any of the Units. 6.3. Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Elements and Lots, for the best interest of all the Owners and the Association_ However, no such easement shall unreasonably interfere with an Owner's use of their Lot. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the Common Elements appurtenant to that Owner's Unit, which right shall be appurtenant to the Owner's Unit, and which right shall be subject to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by the Association. 6.4. Use ofEasementArea. Within reserved easements, as shown on recorded Plats, or herein reserved, there shall be no structure, tree or shrub planting, or any other material installation which may damage or interfere with the installation or maintenance of utilities such as plumbed gas or water lines, wired electrical, cable television, or telephone utility lines. A Unit Owner shall not alter, inhibit, or change the direction of water flow in drainage channels established in said easements or in any way that discharges drainage onto adjacent Units. The easement area of each Unit and all Improvements in it, including fences, shall be maintained continuously in good repair by the Owner of said Unit, except for those Improvements for which a public utility shall be responsible. It shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any known flaws, defects, or damage to any utility Improvements on said Owners Unit. 6.5. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. ARTICLE 7— MAINTENANCE 7.1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Unit, landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to the extent current repair shall be necessary in order to avoid damaging other Units and to maintain a good appearance for the Project. 7.2. Maintenance by Association (except as setforth in Article 7, §7.1). The Association shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat, including any drainage structures or facilities and any fences constructed by Declarant and such 11 11111111111111111111111111111 3288777 05/24/2005 03:50P 18 of 46 R 231.00 D 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder maintenance and repair shall be the Common Expense of all Owners. This maintenance of the Common Elements shall include, but shall not be limited to, upkeep, repair and replacement of all landscaping, walls, fences, gates, signage, irrigation systems, private streets, and Improvements located in the Common Elements. The Association may, but shall not be obligated to, remove snow from the private street. In the event the Association does not maintain or repair the Common Elements, Declarant shall have the right, but not the obligation, to do so at the expense of the Association. 7.3. Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally. If maintenance is necessitated by damage caused by the negligence, misuse, or tortuous act of an Owner or Owner's agent, then the person or Owner causing the damage shall be responsible for the repair and expense. ARTICLE 8 — INSURANCE 8.1. General Insurance Provisions. The Association shall acquire and pay for, out of the Assessments levied in accordance with this Declaration, any insurance policies required by the Act and such other insurance as the Executive Board may, within its discretion, determine. Such insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S. §38-33.3-3 13 (4)(a) -(d) which are as follows: a. Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association. b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household. c. No act or omission by any Unit Owner, unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. d. It at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 8.2. Property and Commercial General Liability Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall maintain, to the extent reasonably available: 12 umnnii3288777 imum19 of 45 R 231.00 0 0.00 11 1111111 ll 111II Ill liii Weld County, CO Steve Moreno Clerk & Recorder a. Insurance on Common Elements. Property insurance on the Common Elements and also on property that must become Common Elements for broad form covered causes of loss, except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. b. Commercial General Liability Insurance. Commercial general liability insurance in a minimum amount of one million dollars ($1,000,000.00) or otherwise larger amount deemed sufficient in the judgment of the Executive Board against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the Executive Board, the Association, the management agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as the Unit Owner and board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. 8.3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees, independent contractors, employees, and on the part of all others, including any Manager hired by the Association, who handle or are responsible for handling the funds belonging to or administered by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees, and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees" or similar terms or expressions. Such fidelity bonds shall be a minimum of an amount equal to three (3) months Assessments plus replacement reserves. 8.4. Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. 8.5 Directors, Officers and Members Liability Insurance. The Association may maintain liability coverage to protect Directors, Officers and Committee Members from any acts or omissions committed in their capacity as a director, officers or committee member. 8.6. Notice. If any insurance required by this Article is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having 13 11111111111111111111111111111 3288771 0512412005 03:50P 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 8.7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. 8.8. Other. An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit. ARTICLE 9 - ASSESSMENTS 9.1. Obligation_ Each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association: (i) the Annual Assessments, (ii) Special Assessments; and (iii) Default Assessments_ 9.2. Budget. Within ninety (90) days after the adoption of any proposed budget for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by the Owners. 9.3. Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common Elements, if any, routine repairs, replacements and renovations within and of the Common Elements, if any, wages, common water and utility charges for the Common Elements, if any, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit remaining from a previous Assessment period, and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and replacement of Improvements within the Common Elements, if any, on a periodic basis, as needed. Annual Assessments shall be payable in monthly installments or on such other dates as the Executive Board determines. The omission or failure of the Association to fix the Annual 14 111111111111111111111111111 3288777 0512412005 03:S0P 21 of 48 R 231.00 D 0.00 III )IIUL III II1t1L 11111 Weld County, CO Steve Moreno Clerk & Recorder Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. 9.4. Apportionment ofAnnual Assessments. The Common Expenses shall be allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of Assessment, provided however that the Association reserves the right to allocate all expenses related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on which a certificate of occupancy has been issued pursuant to C.R.S. §38-33.3-31 5(3)(b), as amended, since such Lots do not receive certain benefits including the same services as other Lots. The lower rate of Assessment against such Lots shall be determined by the Board based upon the costs and expenses of the services actually provided to such Lots_ 9.5. Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration_ This Section shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners according to their allocated interests for Common Expenses, subject to the right of the Association to assess only against the Owners of affected Units any extraordinary maintenance, repair or restoration work on fewer than all of the Units which shall be borne by the Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the value of a particular Owner's Unit or the actions of a particular Owner (or his agents, servants, guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than ten (10) days after such notice shall have been given. 9.6. Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date. 9.7. Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special, or Default Assessment, which is not paid on or before its due date 15 11111111111111111111111111111328877722 o 46 R 23t00 D 0.00 III Illilil III 1111111 ii IIJ Weld County, CO Steve Moreno Clerk & Recorder shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency in such amount as the Association deems appropriate; b. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish; c. Suspend the voting rights of the Owner during any period of delinquency; d. Suspend the rights of the Owner, and the Owner's family, guests, lessees, and invitees, to use Common Element facilities during any period of delinquency; e. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; f. Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and g. Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unit shall constitute a lien on such Unit. The Association may institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same_ Liens for Assessments and their priority shall be as provided in C.R.S. §38-33.3-316. 9.8. Personal Obligation. Each Unit Owner is liable for Asessments made against such Owner's Unit during the period of ownership of such Unit. No Unit Owner may be exempt from liability for payment of the Assessments by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the Assessments are made. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. 9.9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit, together with any and all costs and expenses incurred 16 1111111111111111111111111111111111111111111111111111111111111111111 3288777 05124/2005 03:50P Weld County, CO 23 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. 9.10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board, the Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent or Manager, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Executive Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 9.11. Maintenance of Accounts; Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer, or disbursement of Association funds to other persons or to a Manager, then such other persons or Manager must: (i) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or Manager; (ii) maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (iii) provide to the Association an annual accounting and financial statement of Association funds prepared by the Manager, a public accountant, or a certified public accountant. ARTICLE 10 — RESERVED SPECIAL DECLARANT RIGHTS 10.1. Special Declarant Rights. Declarant reserves the Special Declarant Rights as defined from time to time in the Act, including without limitation, the right or combination of rights as follows: a. To complete any Improvements indicated on the Plat; b. To maintain sales offices, management offices, model homes, and signs advertising the common interest community; c. To use easements through the Common Elements and Lots for the purpose of making Improvements within the common interest community; d. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 17 11111111111111111111111111111 3288777 0512412005 03:50P 24 of 46 R 231.00 D 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder 10.2. Construction: Declarant's Easement. Declarant reserves the right to perform warranty work, repairs and construction in Units and Common Elements, to store materials in secure areas, and to control and have the right of access to work and make repairs until completion. All work may be performed by Declarant without the consent or approval of the Executive Board. Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose ofdischarging Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration. This easement includes the right to convey access, utility, and drainage easements to a governmental entity. 10.3. Declarant's Property. Declarant reserves the right to remove and retain all its property used in the sales, management, construction, and maintenance of the property, whether or not they have become fixtures. 10.4. Limitations on Special Declarant Rights. Unless terminated earlier by a document executed by Declarant and recorded in the real estate records of Weld County, Colorado, any reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as long as Declarant: (a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Units or Common Elements; (c) owns any Unit; (d) owns any security interest in any Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate records of Weld County, Colorado_ Earlier termination of certain rights may occur in accordance with the Act. 10.5. Interference With Special Declarant Rights. While the Declarant is entitled to exercise its Special Declarant Rights, neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of Declarant and any entity to whom Special Declarant Rights have been assigned. 10.6. Rights Transferable_ Any Special Declarant rights or other Declarant rights created or reserved under this Declaration may be transferred by an instrument evidencing the transfer recorded in Weld County, Colorado. Such instrument shall be executed by the transferor, Declarant, and the transferee. ARTICLE 11 — ARCHITECTURAL REVIEW; OTHER RESTRICTIONS 11.1. Association Power. The Association shall have the right and power to prohibit any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements, if any, by promulgating Rules and Regulations which restrict or prohibit such activities. 11.2. Review. No buildings, structures or other Improvements including fences, driveways, parking areas, and landscaping (including pasture grass) shall be constructed, modified, altered, 18 1111111111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 25 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder repaired, or rebuilt, nor shall any other action be taken that alters the exterior appearance of the Lot or Improvements, including lighting and color, unless first approved in writing by the Architectural Review Committee. The Architectural Review Committee shall exercise reasonable judgment to the end that all buildings, structures, modifications, alterations, or additions to the Units conform to and harmonize with existing surroundings and structures. The Architectural Review Committee has the absolute right to deny any requested buildings, structures, modifications, alterations, or additions which the Architectural Review Committee reasonably determines do not conform to and harmonize with existing surroundings and structures_ 11.3. No Review. Notwithstanding the foregoing, the following types of changes, additions, or alterations do not require the approval of the Architectural Review Committee: 11.3.1. Addition of plants to a Lot in accordance with a previously approved Landscape Plan; 11.3.2. Modification to the interior of a residence when those modifications do not unduly affect the outside appearance of the structure; 11.3.3. Repainting or restaining of the exterior of the residence in the original color, 11.3.4. Repairs to a structure in accordance with previously approved plans and specifications; 11.3.5. Reroofing with roofing materials of the same, or better, quality and color as original material; and 11.3.6. Seasonal decorations if removed promptly (within fifteen (15) days following the holiday)_ Although exempt from Architectural Review Committee review, all work must proceed in accordance with all applicable law, codes, and regulations and the provisions of this Declaration. 11.4. Membership of Architectural Review Committee. The Architectural Review Committee shall consist of three (3) members, all of whom shall be appointed by Declarant_ Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period (as hereafter defined). The Association shall have the right to appoint such members after the end of the Appointment Period. The "Appointment Period" shall mean the period of time commencing as of the date of recordation of this Declaration and continuing until the earliest to occur of the following events: (a) when all Units in the Project have been conveyed to persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b) ten (10) years after the date this Declaration is recorded; or (c) when, in its discretion, Declarant voluntarily relinquishes such right. During the Appointment Period, Declarant shall not be obligated to appoint members to the Architectural Review Committee. In such event, Declarant orDeclarant's designated representative shall exercise all rights and obligations of the Architectural Review 19 11111111111111111111111111111 26 of 46 A 231.00 D 0.00 3288777 05/2412005 111 111111111111111111 III Weld County, CO Steve Moreno Clerk & Recorder Committee as set forth in this Article_ Members of the Architectural Review Committee may but shall not necessarily be members of the Association. Members of the Architectural Review Committee to be appointed by the Association shall be appointed by the Executive Board. Members of the Architectural Review Committee appointed by the Executive Board may be removed at any time by the Board, and shall serve for such term as may be designated by the Executive Board, or until resignation or removal by the Board. During the Appointment Period, Declarant shall give the Association written notice of the appointment or removal of any member of the Architectural Review Committee. After the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Architectural Review Committee, but the number of members of the Architectural Review Committee shall not be less than three (3). A majority of the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of Committee members present at any meeting where a quorum is present shall be required for Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each member of the Committee. 11.5. Plan Review Procedure. Prior to commencement of any onsite work, the Owner or such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the written approval of the Architectural Review Committee. a. Plan Submittal. The Applicant must submit to the Architectural Review Committee the following minimum items (in addition to other items which the Architectural Review Committee deems necessary or advisable for it to act under the circumstances): (i) Site plan; (ii) Complete construction plans; (iii) Specifications, including color schemes and material samples for the building, addition or alteration; and (iv) Payment in full of all anticipated costs as set forth below. b. Plan Approval. Upon receipt by the Architectural Review Committee of all items set forth above, the Architectural Review Committee shall thereafter have thirty (30) days to furnish Applicant with written notice of approval or rejection of the plans as submitted. The approval may contain certain conditions including, but not limited to, deadlines for the completion of the Improvements. If rejected, the Architectural Review Committee shall furnish a written explanation of the basis for its rejection and shall, if practical, furnish suggested modifications which would render the plans acceptable, subject to resubmission for review and approval upon completion of any such modifications. The Architectural Review Committee may condition its approval upon certain modifications being made to the plans, in which event such plans shall be deemed approved only upon submission to the 20 1111111 11111 11111 111111 IND III 1111111 111 111111111 IN 3288777 05/2412005 03:50P Weld County, CO 27 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder Architectural Committee of one (1) complete set of all revised plans fully incorporated and reflecting all such required modifications. c. Failure to Respond. If for any reason the Architectural Review Committee has not responded to the Applicant in writing within the thirty (30) day period as provided above, the Applicant shall notify the Architectural Review Committee of such failure in writing by certified mail, return receipt requested. Thereafter, unless the Architectural Review Committee furnishes written notice of approval or rejection as required above within fifteen (15) days following receipt of said notice from the Applicant, the plans as submitted shall be deemed approved. In the event the Architectural Review Committee has notified Applicant of the necessity of submitting additional documentation, the thirty (30) day and fifteen (15) day periods set forth above shall not begin until Applicant has submitted all required documentation. d. Dispute of Committee Action. If an Owner disputes the rejection of the Owner's application or the conditions placed upon the approval of the Owner's Application and files a lawsuit related to said dispute, the Architectural Review Committee and the Association shall be entitled to recover all costs and attorneys' fees incurred in connection with such suit unless a court determines the Architectural Review Committee or Association actions were wanton and willful. 11.6. Notice of Completion. Upon completion of the construction, modification or alteration of any Improvements, the Applicant shall furnish written notice to the Architectural Review Committee of same. Thereafter, the Architectural Review Committee or its designee shall have the right to inspect the Improvements to assure compliance with the approved plans and the Applicant shall cooperate with the Architectural Review Committee or its designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that such Improvements do not comply with the approved plans, the Architectural Review Committee may furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein, at law or in equity. 11.7. Restoration of Lot After Completion of Improvements. Upon completion of any Improvements, the Applicant shall, to the greatest extent possible, restore the Lot to the condition which existed prior to the commencement of such Improvements, so that the Lot and any Improvements on the Lot shall be, to the greatest extent possible, in harmony with the surrounding environment. If a Certificate of Occupancy or Notice of Completion is issued with respect to the Improvement prior to September 15th or any calendar year, the Applicant shall complete the restoration within forty-five (45) days thereafter. If a Certificate of Occupancy or Notice of Completion is issued after September 15'" of any calendar year, the Applicant shall complete the restoration of the Lot prior to June 1" of the following year. In the event the restoration is not complete as and when required, the Association shall have the right to complete the restoration of 21 11111111111111111111111111111 3288777 05124/2005 03:50P 28 of 46 R 231.00 D 0.00 III 1111111111 1111111 111111 Weld County, CO Steve Moreno Clerk & Recorder the Lot at the Applicant's expense. Any costs and expenses incurred by the Association shall be borne by the Applicant, as provided in this Declaration. 11.8. Remedies Upon Noncompliance. The Architectural Review Committee shall have the right to inspect the work during and after the time the work is being performed. If at any time the Architectural Review Committee determines an Owner or Applicant is not in compliance with the Architectural Design Standards or approved plans, including without limitation the failure to submit plans for approval prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of noncompliance to the Owner. Upon such notice, the Owner shall immediately cease all work other than is required to bring the Improvements into compliance. If the Owner fails to immediately cease all such work, or fails to bring the Improvements into such compliance within a reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights and remedies include but are not limited to the following: a. Injunctive Relief. The Architectural Review Committee and the Association may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance or authorize the Architectural Review Committee or the Association to undertake all steps and actions, on the Owner's behalf and expense. Said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Unit as with Assessments as provided herein. b. Damages, Costs, and Attorney Fees. The Architectural Review Committee and the Association may recover from the Owner all damages, costs, and attorney fees suffered or incurred in connection with the existence or remedy of any Improvements not in compliance with this Declaration, the Architectural Design Standards or approved plans, as applicable. Said damages, costs, and attorney fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with Assessments as provided herein. 11.9. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review Committee has the authority to hire or retain such professionals or other persons as it deems neces- sary for the purposes described herein. The Architectural Review Committee shall also have the power to require the Owner submitting matters to it for approval to pay reasonably necessary costs of the submission prior to their review and as a necessary condition thereof. Any excess funds shall be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if prepayment is insufficient. 11.10. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken thereon for a period of five (5) years. 22 11111111111111111111111111111 IND 11111111111111111111 IN 3288777 05124/2005 03:50P Weld County, Co 29 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder 11.11. Restrictions on Use. Use and enjoyment of each Unit shall be subject to the following restrictions: a. Land Use. No Unit or portion thereof shall be used for any purpose other than a Single Family residence. No group housing or board and care homes shall be permitted. b. No Further Subdivision. No Unit or any building shall be further subdivided or separated into smaller units by any Owner, and no portion less than all of any such Unit or building or any easement or other interest therein 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. c. Nuisances. No noxious or offensive activity shall be carried on upon any Unit, nor shall any thing be done thereon which may become an annoyance to the neighborhood. No annoying light, sound, or odor shall be emitted from any Unit onto any other Unit(s) which can be considered offensive or intrusive to other Unit Owners or occupants. In order to keep light pollution to a minimum, exterior lights should only be on when needed. Twenty-four hour (24°) vapor lights are prohibited. The Architectural Review Committee may adopt Rules and Regulations concerning the type and hours of operation of exterior lighting. d. Temporary Structures. No structures of a temporary character such as trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings shall be used on any Unit at any time as a residence either temporarily or permanently. e. Accessory Buildings. No accessory buildings, storage barns, or sheds shall be constructed or moved onto any Unit without written consent of the Architectural Review Committee. Said structures shall not be unreasonably prohibited so long as full consideration is given to architectural integration of materials, colors, and placement on the property. f. Mobile Homes. No building built off -site in a factory or construction yard on a permanent chassis with a HUD (United States Department of Housing and Urban Development) label, commonly referred to as a "Mobile Home" shall be permitted. g. Signs. No sign of any kind shall be displayed to the public view on any Unit except customary name and address signs and one (1) "For Sale" sign 23 1111111111111111111111111111111111111111111111111111111 3288777 05/2412005 03:50P a 0.00 Weld County, CO Steve Moreno Clerk & Recorder 30 of 46 R 231.00 advertising the Unit for sale (not to exceed two feet by two feet (2'x2')) and such other signs as specifically permitted by the Executive Board. h. Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon, in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Unit. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Unit. i. Household Pets. Household pets such as dogs, cats, and such other household pets which may be specifically approved from time -to -time by the Executive Board, may be kept on a Unit provided, and unless otherwise authorized by the Executive Board, no more than a total of four (4) such household Pets (of which no more than two (2) shall be adult dogs and no more than two (2) shall be adult cats, and their unweaned offspring) may be kept on any Unit_ No such household pets may be kep, bred, or maintained for any commercial purposes and the manner of keeping such animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type of animals recognized as household pets and requirements for keeping such household pets on any Unit. Household pets shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Animals shall not be permitted to roam onto other Units. No animals shall be allowed on the Common Elements except in strict compliance with Rules and Regulations adopted by the Association. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. Without limiting the foregoing, continuous and/or frequent barking or howling by dogs is hereby defined as a nuisance. j. Large and Small Animals. Subject to the prior approval of the Executive Board, a total of one (1) large animal unit per acre and four (4) small animal units (and their unweaned or non -adult offspring) per acre may be kept on a Unit. A "large animal unit" is defined as one (1) of the following adult animals: one (1) cow, one (1) horse, one (1) llama, one (1) vicuna, one (1) emu, one (1) ostrich, one (1) rhea, or one (1) of any other animal designated and approved from time -to -time b the Executive Board. A "small animal unit" is defined as two (2) adult sheep or goats or four (4) adult rabbits, chickens, ducks, geese, or other small poultry or birds (excluding emus and ostriches). Small animal units shall be housed in adequate coops, hutches, or other enclosures to protect them from predators. No swine may be kept on a Unit. No large or small animal units may be kept, bred, or maintained for any 24 111111111111111111111111111111111111111111111111111 IN 3288117 05/2412005 0350P Weld County, CO 31 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder commercial purposes and the Units shall not be used for feed yards, poultry farms, horse boarding and/or breeding operations or other commercial or industrial type uses. The manner of keeping large and/or small animal units shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type, quantity, and requirements for keeping large and small animal units on any Unit, and in doing so may take into consideration the vegetation and type of irrigation available, the carrying capacity of the Unit, the type and necessity of shelter for the animals, the manner in which the Lot Owner has maintained the vegetation and control of weeds on the Unit, and such other considerations as the Executive Board may deem germane. Any decision by the Executive Board regarding the type and number of animal units which may be kept upon a Unit shall not be effective unless and until it has been reduced to writing. Any such decision may later be rescinded or modified by the Executive Board, and any Unit Owner affected by such rescission or modification shall have a reasonable time (not to exceed forty-five (45) days) to comply with such rescission or modification. Large and small animal units shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Animals shall not be permitted to roam onto other Units. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. No part of any Property shall be over -grazed, as determined by the Architectural Review Committee. If invisible fencing is used, it must be one hundred percent (100%) effective or replaced with fencing approved by the Architectural Review Committee within one (1) month's time after notification of unacceptable containment. No occupant or Owner shall allow an excess accumulation (as determined by the Architectural Review Committee) of manure on any Unit. k. Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping ground for rubbish, trash, or garbage. Trash, garbage, or other waste shall not be kept except in sanitary and secure containers. All containers shall be kept in a clean and sanitary condition and shall not be kept in public view except during the scheduled day of pick up. I. Storage of Materials. Storage of materials shall be done in accordance with the following provisions: (i) No occupant or Owner of any Unit shall store or permit to be stored or to accumulate, upon any Unit, any debris, any piles of manure, piles of dirt, machinery or equipment or any part thereof, old or rusted pieces of metal, rubber or any type of junk, or other miscellaneous items unless approved by the Architectural Review Committee or 25 111111111111111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 32 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder concealed from public and neighbor views within an enclosed structure. (ii) Storage of building materials is permitted only to facilitate continuous building projects in progress. Unit Owners shall supervise and assure secure storage of all building materials during construction to prevent damage to other structures or littering throughout neighborhood as a result of heavy winds. (iii) No tanks for the storage of gas, fuel, oil or other flammable materials shall be erected, placed, or permitted above or below the surface of any Unit. Any firewood pile shall be screened and located within the confines of a privacy fence approved by the Architectural Review Committee. m. Hazardous Activities. No activities shall be conducted on any Unit which are or might be unsafe or hazardous to any person or any property. No firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior approved fireplace. No burning of trash, leaves, or other materials shall be allowed. The storage of any type of explosive devices, compounds, chemicals, or materials is prohibited. n. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle Storage and Repair. No inoperable, unlicenced or junked motor vehicles, trailers, boats, or other equipment shall be kept on any Lot or about the Project in any manner. No more than three (3) of the following may be parked on a Lot except in an enclosed building: motor vehicles, motor cycles, motor homes, campers, trailers, recreational vehicles, boats, tractors and equipment. All of the above must be operable and, if applicable, properly licensed. No tractor -trailers or semi -trucks may be parked on a Lot at anytime. Except as set forth above nothing else shall be parked or stored on a Lot except in an enclosed building unless specifically permitted by Rules and Regulations adopted by the Association. No motor vehicles, motor cycles, motor homes, campers, trailers, recreational vehicles, boats, tractors, and equipment shall be stored or parked for more than 72 -hours on any street within the Project. No tractor -trailer or semi -truck shall be allowed at any time on any street in the Project except for delivery of materials during construction or moving vans, while being used to move personal property to or from a Lot. Nothing contained herein shall prevent the Owner or Owners of any Lot from storing any of said vehicles (except tractor -trailers or semi -trucks) in a garage on their Lot. No automotive repairs shall be done on W 1111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 33 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder any street, or Lot which may be seen from the view of adjacent properties. The restrictions set forth above shall not restrict the parking of trucks or other commercial vehicles for a reasonable time upon a Lot, which vehicles are necessary for the construction of a building on said Lot. o. Antennas. No exterior radio antennas, television antennas, or other antennas may be erected unless approved in writing by the Architectural Review Committee. Any facility for the transmission or reception of audio or visual signals shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Notwithstanding the foregoing, neither the restrictions nor the requirements of this Section shall apply to those antennas (which may include some satellite dishes and other devices) that are specifically covered by the Telecommunications Act of 1996, as amended from time to time. As to antennas which are specifically covered by the Telecommunications Act of 1996, as amended, the Committee shall be empowered to adopt rules and regulations governing the types of antennas that are permissible hereunder, and to the extent permitted by the Telecommunications Act of 1996, as amended, establishing reasonable, non- discriminatory restrictions relating to appearance, safety, location, and maintenance. p. Home Occupations/Businesses. The conduct of a home occupation or business within the Project is prohibited unless the following requirements are met: home occupations or businesses must be conducted inside the residence and not occupy more than fifteen percent (15%) of the total floor area of the residence. Home occupations or businesses must be conducted only by the residents of said dwelling with no nonresidents employed at the residence. No retail sales shall be conducted on the Lot or in public view. Home occupations or businesses must be conducted within the scope of the zoning ordinances of Weld County. Customer visits must be limited to an occasional frequency. Customer parking must be in the driveway or immediately in front of the residence. There shall be no evidence of a home occupation or business from the outside of the residence. q. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot and dog runs must first be approved by the Architectural Review Committee. r. Maintenance and Repair of Landscaping and Improvements: Except for areas covered by buildings, driveways or parking areas, all land areas shall be covered with plants or other ground cover, pursuant to a plan approved by the Architectural Review Committee. The Architectural Review Committee shall set a deadline for such installation. Maintenance and repair of landscaping and Improvements shall be subject to the following provisions: 27 111111111111111111111111111111111111111111111111111 II 3288777 05/2412005 03:50P Weld County, CO 34 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder (i) Each Owner shall provide prudent and regular exterior maintenance upon each Unit including painting, repairs and/or replacement of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass and other landscaping (including pasture grass), fences, walks, driveways and other surfaces, and all other exterior Improvements to maintain the visual attractiveness and value of the Units in the Project. Unit Owners shall not allow weeds or other unsightly vegetation on Units to exceed twelve inches in height_ Owners must properly control noxious weeds. (ii) Failure to maintain: in the event an Owner of any Unit in the Project shall fail to maintain the premises and the Improvements thereon as provided herein, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity for the Owner to perform all necessary work, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty (30) days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof, attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Unit as provided herein for Assessments. s. Non -Owner Occupants. All covenants, restrictions, rules, regulations, and provisions of this Declaration shall be binding on non -Owner occupants without exception_ Property Owners who lease their property shall be required to furnish to lessees copies of this Declaration along with a written lease referencing this Declaration; leasing or being absent from the property shall not release property Owners from liabilities and responsibilities described herein. t. Water and Sewer. No individual water supply system or sewage disposal system shall be permitted on any Unit unless it is in compliance with all state and county health regulations and approved by the Weld County Department of Public Health and Environment. All dwellings must attach to a public water source. Leach fields must be designed by a licensed engineer. Space for two septic systems must be reserved and maintained by each lot owner. Activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the absorption fields are expressly prohibited in the absorption field sites. 28 11111111111111111111111111111 3288777 05/24/20( 03:50P 35 of 46 R 231.00 D 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder U. No Violation of Law. Nothing shall be done or kept in or on any portion of the Project by a Unit Owner or occupant which would be in violation of any statute, rule, ordinance, regulation, permit, or validly imposed requirement of any governmental body having jurisdiction over the Project. The Association shall have no duty or obligation to enforce any such statute, rule, ordinance, regulation, permit or validly imposed requirement. v. Fencing. No fencing of any type shall be constructed by any Lot Owner on any Lot within the Project without prior approval in writing by the Architectural Review Committee. w. No Imperiling of Insurance. Nothing shall be done or kept in or on any portion of the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance, except with the prior written consent of the Executive Board. X. Architectural Design Standards. The minimum Architectural Design Standards for the Project are set forth in Exhibit B attached hereto and made a part hereof The Architectural Review Committee has the power and authority to make additional requirements for any residential construction or reconstruction within the Project. The Architectural Review Committee may modify or amend the Architectural Design Standards so long as such modifications and amendments are consistent with this Declaration. The Architectural Review Committee may grant reasonable variances or adjustments for any conditions and restrictions imposed by this Article in order to overcome practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and restrictions. Such variances shall be granted only in case the granting thereof shall not be materially detrimental or injurious to the other property or Improvements in the Project and shall not be contrary to the general intent and purpose hereof. During the period of Declarant's Reserved Rights, the minimum standards set forth in Exhibit B cannot be altered without Declarant's approval. y. Underground Lines. All electric, television, telephone, and other lines running from any property line of a Lot to a residence or other structure shall be placed underground. z. Trash Burning. Trash, leaves, and other similar materials shall not be burned within the Project. aa. Drainage. No Owner shall change the topography or drainage pattern of a Lot including, not by limitation, any drainage easement areas, from the 1111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 36 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder topography or drainage pattern established by the Declarant unless such change is approved by the Architectural Review Committee. Any Owner who in any way materially modifies the topography or drainage pattern of a Lot without such consent shall be liable for any and all damages stemming therefrom, and may be required to return such topography or drainage patterns to their original state. If any Owner fails to fully abide by this provision, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity to perform all necessary work restoring drainage patterns, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty (30) days of the furnishing ofNotice to such Owner that such reimbursement is owed, together with costs of collection thereof attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Lot as provided herein for Assessments. bb. Damage to Residence. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner, with all due diligence, to rebuild, repair, or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. 11.12. Waivers; No Precedent. The approval or consent of the Architectural Review Committee or any representative thereof, or of the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee or any representative thereof, or by the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. Nor shall any such approval or consent be deemed to constitute a precedent as to any other matter. ARTICLE 12 — MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and Rules and Regulations of the Association_ 12.1. Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Unit. 30 1 111111 11111 11111 111111 111111 3288777 05/24/2005 03:50P 37 of 46 R 231.00 D 0.00 111 1111111 111 11111 1111 1111 Weld County, Co Steve Moreno Clerk & Recorder 12.2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units may jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 12.3. Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project, the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency. 12.4. Notice of Action. Any First Mortgagee and any Agency which holds, insures, or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and the Unit number), will be entitled to timely written notice of: a. Any proposed termination of the common interest community; b. Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a First Mortgage held, insured, or guaranteed by such Agency; c. Any delinquency in the payment of Assessments owed by an Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days; d. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association pursuant to this Declaration_ 12.5. Action by Mortgagee_ If this Declaration or any Association Documents require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such approval within thirty (30) days after such Mortgagee is given proper notice of the proposal (or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 - DURATION OF COVENANTS AND AMENDMENT 13.1. Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. 31 1111111 11111 11111 111111 111111 3288777 0&2412005 03:50P 38 of 46 R 231.00 0 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk A Recorder 13.2. Amendment. Except in cases of amendments that may be executed by the Declarant or the Association under the Act, this Declaration, or any provision of it, may be amended only by vote or agreement of Owners holding not less than seventy-five percent (75%) of the votes possible to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance of the private street and irrigation system shall not be modified or terminated without the consent of the Weld County Board of County Commissioners. 13.3. Declarant Rights. To the extent permitted under the Act, provisions in this Declaration reserving or creating Special Declarant Rights may not be amended without the consent of Declarant. 13.4. Execution ofAmendments. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by including within or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and the Plat to the fullest extent permitted under the Act and this Declaration_ 13.5. Revocation. This Declaration will not be revoked nor shall the common interest community created hereby be terminated (except as provided above regarding total destruction and/or total condemnation), without the consent of the Owners to which at least seventy-five percent (75%) of the votes in the Association are allocated evidenced by a written instrument duly recorded with the Clerk and Recorder. ARTICLE 14 — WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County. Weld County is one of the most productive agricultural counties in the United States, ranking fifth (5th) in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: 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. 14.2. Agricultural Uses. 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. 32 11111111111111111111111111111 3288777 0512412005 03:50P 39 of 46 R 231.00 D 0.00 III 1111111 III 11111 liii 1111 Weld County, CO Steve Moreno Clerk & Recorder Ditches and reservoirs cannot simply be moved "out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-15-102, Colorado Revised Statutes, 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. 14.3. Notice of Conf ned Animal Feeding Operation. Confined animal feeding operations are located directly northeast and northwest of the Project adjacent to Weld County Road 54. Further, one-half ('/2) mile west of Weld County Road 15, on Weld County Road 56, lies a confined animal feeding operation permitted by "Use by Special Review Permit #154" for Two Thousand, Eight Hundred and Fifty (2,850) head of cattle. Off -site impacts that may be encountered include noise from trucks, tractors, and equipment; dust from animal pens; and odors from animal confinement, silage, and manure. 14.4. Rural Services. Weld County covers a land area of over 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 14.5. Parental Supervision. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. ARTICLE 15 — GENERAL PROVISIONS 15.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. 33 1111111111111111111111111111111111111111111111111111111111111111111111111 �,m�z�03CWn„Co 40 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder 15.2. Enforcement. Except as otherwise provided in this Declaration, the Executive Board, Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter_ 15.3. Registration of Mailing Address. Each Owner and each security interest holder, insurer, or guarantor of a security interest, shall register their mailing address with the Association. All notices, demands, or other notices intended to be served upon the Board of Directors or the Association during the period of Declarant control shall be sent by registered or certified mail, postage prepaid, c/o Debra Eberl, 7288 County Road 54, Johnstown, Colorado 80534, unless such address is changed by the Association during the period of Declarant control. Subsequent to the termination of the period of Declarant control, the Association shall notify the Owners of a different address for notices. 15.4. Limitation on Liability. The Association, Board of Directors, Architectural Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be liable to any person for actions taken or omissions made in the performance of their duties except for wanton and willful acts or omissions. 15.5. No Representations or Warranties_ No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees, in connection with any portion of the community, or any Improvement, or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing. 15.6. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION, BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION, AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY_ EACH OWNER ACKNOWLEDGES THAT THERE ARE SEVERAL POTENTIAL HAZARDS WITHIN THE COMMUNITY INCLUDING, BUT NOT LIMITED TO, A RAILROAD TRACK, LAKE, IRRIGATION DITCH, RIVER, POND, OIL WELLS, AND GRAVEL PIT. EACH OWNER ASSUMES FULL RESPONSIBILITY FOR THE SAFETY OF FAMILY, FRIENDS, GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE DECLARANT 34 1111111 11111 11111 111111 111111 3288717 05/24/2005 03:50P 41 01 46 R 231.00 D 0.00 11111111111111111111111111 Weld County, CO Steve Moreno Clerk & Recorder AND THE ASSOCIATION FROM ANY CLAIMS RELATED TO SAFETY OR PROPERTY DAMAGE ISSUES OF ANY KIND. 15.7. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 15.8. Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control. 15.9. Conflict With Act. In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent with the Act, the terms or provisions of the Act shall control and govern. In case of any such conflict or inconsistency, the applicable terms and provisions contained in this Declaration shall, to the extent possible, be construed in accordance with the Act, and any conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect, void, or render unenforceable any other term or provision of this Declaration (which shall be in full force and effect in accordance with their terms). b(e)ajn mss ► z/ z'.( (O 1 c -i• 1 /z3/arl Cc10-lack mss STATE OF C 0 ) ss. COUNTY 0F� The foregoing instrument was acknowledged before me on the Sday of ►'i' I 20 d s by Debra R. Eberl. DECLARANT: Debra R. Eberl -2,e7 2g Todd Muckier ,! - Eli Krebs WITNESS my Hand and Official Seal. My 7misyon expires- Notary Public 35 Sir .,Rj() A. LATINO �+1 Notary Public, State of Florida Comr^ dxpireS NOV. 06. 2006 Di7 163542 111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P IN Weld County, Co 42 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder JA STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me on the day of / Z 20y Todd Muckler. WITNESS my Hand and Official Seal. My commission expires: // G1O(, STATE OF COLORADO ) ) ss. COUNTY OF WELD ) f a+urnuofF Notary Public. State Stateate of Florida My Comm. expires Nov. 06. 2006 N.. X) 163542 Public The foregoing instrument was acknowledged before me on the/.S day of 2O.by by Eli Krebs. WITNESS my Hand and Official Seal. My corpmission expires: Notary Public SIORID A. LATINO .,t Notary Puoi:c. State of Florida g My CorIM, expire$ Nov. 06. 2006 40. DD 163542 1.1 1111111 11111 11111 111111 111111 3288777 05I24I20( 03:50P 43 of 46 R 23100 D 0.00 III 1111111 III 111111 III 1111 Weld County, CO Steve Moreno Clerk & Recorder EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKOTA LAKES RANCH LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION Lots A & B of Recorded Exemption No. 0957 - 29 - 2 - RE 2695, recorded October 31, 2000 at Reception No. 2803631, being a part of the Northwest Quarter and the North Half of the Southwest Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 1.2 111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P IN Weld County, CO 44 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKOTA LAKES RANCH MINIMUM ARCHITECTURAL DESIGN STANDARDS Section 1. Architectural Styles. It is the intent of these guidelines to insure a high quality, aesthetically pleasing neighborhood. The homes should have a diversity of architectural styles and be compatible with the neighborhood as a whole. The Architectural Review Committee shall have the authority to deny any building plan for any reason including that the plan is not compatible with the neighborhood for aesthetic or other reasons. Section 2. Minimum Square Footage and Building Height. The ground floor finished area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than two thousand (2,000) square feet for a one-story residence and not less than one thousand, five hundred (1,500) square feet for the first floor of a two-story residence. The total square footage minimum for the main floor and upper floors of a multi -level residence shall not be less than two thousand, eight hundred (2,800) square feet. The maximum building height of any residence constructed shall be thirty-five (3 5) feet measured from the top of the foundation to the crest of the highest roof line (excluding chimneys, cupola). Section 3. Roof Pitches. The roof pitch on any residence must be from -six -twelve (6/12) to twelve -twelve (12/12). Section 4. Standards Regarding Use of Exterior Materials. Exterior materials shall be limited as follows: a. Stone, brick or stucco shall be required for a minimum of forty percent (40%) of the first floor facade of the residence, i.e., three sides shall be covered with stone, brick or stucco.. b. The roofing material to be utilized upon buildings in the subdivision shall be approved by the Architectural Review Committee. No wood roofs or shingles shall be allowed. c. Foundation walls shall not be exposed more than twelve (12) inches above grade. d. All soffits on residences shall be a minimum of twelve (12) inches except that where brick adjoins the soffit, the soffit shall be a minimum of eight (8) inches. e. All plumbing vents shall be located on the back portion of the residence. 1.3 11111111111111111111111111111111111111111111111111111111111111111111111 3288777 05/24/2005 03:50P Weld County, CO 45 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING COLORS, MUST BE APPROVED BY the Architectural Review Committee PRIOR TO CONSTRUCTION. Section 6. Setbacks. All structures shall be constructed such as to meet the buiding setbacks required by Weld County, Colorado. Section 7. Site Grading. Exterior grading shall be adequate for drainage away from the buildings and adjacent buildings. Section 8. Paved Areas. Hard -surfaced private driveways and parking areas are preferred. If alternative materials are proposed, they must be submitted to and approved by the Architectural Review Committee prior to construction. Section 9. Garages. Each residence must have an attached garage of not less than twenty- two feet by twenty-two feet (22' x 22'). Section 10. Accessory Buildings. All accessory buildings shall be subject to Architectural Review Committee approval as set forth in the Declaration. Each Lot may have up to two (2) accessory buildings. The maximum size of the buildings may not exceed the maximum size permitted by Weld County, Colorado. 1.4 111111111111111111111111111111111111111111111111111111111111111 3288m 05/24/2005 03:50P Weld County, CO 46 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKOTA LAKES RANCH LIEN HOLDER'S CONSENT The lienholder of record, COMMUNITY BANKS OF COLORADO, states that it has reviewed the terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Lakota Lakes Ranch and the Plat of the Property and expressly consents to said Declaration. COMMUNITY BANKS OF COLORADO State of Colorado ) ) ss County of4r .Q_ ) The foregoing strument was acknowledged before me this t I day of 200 5 , by (r , 1- C≥ VII)Zj, as &ru4 C A (rQS,'ore of COMMUNITY BAIKS OF COLORADO. Witness my Hand and Official Seal. My commission expires: �r 111*1 ON -. . O •• pt%9:'�\ 1.5 Notary Public RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, ACCEPT COLLATERAL AND SUBORDINATION AGREEMENT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #594 - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS 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 September 8, 2005, the Board of County Commissioners approved Planned Unit Development Final Plan, PF#594, forTodd Muckler, Debra Eberl-Muckler, and Eli Krebs, 7288 Weld County Road 54, Johnstown, Colorado 80534, for seven (7) lots with E (Estate) Zone uses and three (3) non-residential outlots on the following described real estate, to -wit: Lots A and B of Recorded Exemption #2695, being part of the W112 of Section 29, Township 5 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Todd Muckler, Debra Eberi-Muckler, and Eli Krebs, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13, 2005, and a Subordination Agreement among Weld County, the applicants listed above, and Community Banks of Colorado, in the amount of $80,000.00, and WHEREAS, after review, the Board deems it advisable to approve said improvements Agreement and Subordination Agreement, and accept said Deed of Trust for Lot 1, Lakota Lakes Ranch PUD as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Todd Muckler, Debra Eberl-Muckler, and Eli Krebs, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13, 2005, and the Subordination Agreement among Weld County, the applicants listed above, and Community Banks of Colorado, in the amount of $80,000.00, be and hereby are, accepted. 2005-2038 PL1677 Date of signature: �T IMPROVEMENTS AGREEMENT - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED William H.,Pke1 Chair M. J. eile, ro-Tem EXCUSED Da E. Long Rob rt D. Masd Tenn Vaad 2005-2038 PL1677 MEMORANDUM TO: Board of County Commissioners 1111co. DATE: June8, 2005 COLORADO � FROM: Sheri Lockman, Planner II SUBJECT: Acceptance of Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) Lakota Lakes Ranch PUD Case Number PF-594 Todd Muckier, Debra Eberl & Eli Krebs The Departments of Planning Services and Public Works have reviewed the Improvements Agreements for Lakota Lakes Ranch PUD. Items covered under the Improvements Agreements include: Street paving and subgrade preparation $ 87,491.25. Fire hydrant $ 3,500.00 Water tap $ 2,000.00 Total Estimated Cost of Improvements $ 92,991.25 The Department of Public Works and the Department of Planning Services, have determined that the amount of the agreements will be sufficient to complete the work required for Lakota Lakes Ranch PUD. The Department of Planning Services recommends acceptance of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). 2005-2038 Forest Floor Page 1 of 1 Sheri Lockman From: Peter Schei Sent: Friday, July 08, 2005 7:43 AM To: Sheri Lockman Cc: Elizabeth Kidner Subject: PF-0594 Lakota Lakes Ranch PUD Good Morning, Sheri: Public Works has reviewed the on -site improvements agreement and finds it acceptable. It may be scheduled with the BOCC at the appropriate time. Have a nice weekend, Peter. PeterSCHEI. P.E.,..S.P.E. I't.'lie Work, be, irtnein Heid County 111 - II Street Grc ler- {: U So&' p rlu .i:'q (•n. irt'hl. c -I) = cs "Making the County a better place to do business" "Making the County a better place to live" 07/08/2005 hjIMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into thi .L7 Jay of t 2005, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, einafter called "County," and Todd Muckier, Deborah Eberl and Eli Kerbs hereinafter called "Applicant" WTiNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: LOT A AND B OF RE -2695 BEING PART OF THE W/2 OF SECTION 29, T=N, R67W OF THE 6m P.M., WELD COUNTY, COLORADO WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Lakota Lakes Ranch PUD has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planted Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW. THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise. covenant and agree as follows: 1.0 Engineering:Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. l.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles. estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planted Unit Development to the County for approval prior to the letting of any construction contract_ Before acceptance of the roads within the Subdivision or Planned Unit Development by the County. Applicant shall furnish one set of reproducible "as -built" drawings and a final statement of Construction cost to the County. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficientrights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights -06 -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 111111111111111111111111111111111111111111111111111 IN 3308596 08102/2005 02:28P Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder amtC5-�7t. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit "A,' which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit 'B" also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense_ a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the Count, and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work:, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish roof that proper arrangements have been made for the installation of sanitary sewer or septic systems water, gas, electric and telephone services. 3.5 Said Subdivision or P ed Unit Development improvements shall be completed. according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused bv, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off -site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development - 5.1 The subdivider, applicant, or owner shall enter into an off -site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off -site improvements. 5.2 The off -site improvements agreement shall contain the following: 111111111111111111111111111111111111111111111111111 IN 3308596 08/02/2005 02:28P Weld County, CO 2 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder The legal description of the property to be served. The name of the owner(s) of the property to be served • A description of the off -site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off -site improvements. The total vehicular trips to be generated at build -out by the Subdivision, Resubdivision. or Planned Unit Development as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off -site improvements. The terns of reimbursement The current address of the person to be reimbursed during the term of the agreement Any off -site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Deparunent of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential devclopruents intended to use the road improvement. The amount of road improvement costs shall also consider intlation as measured by the changes in the Colorado s o ep Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need Cm for further off -site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road s N improvement construction costs for all Subdivisions, Resubdivisions, or Planned Unit © o Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision, or Na Planned Unit Development will generate shall be decided by the County Engineer. N O 5.7 The term for which the subdivider, applicant, or owner is entitled to reitbursement under the off - site improvements agreement, entered into between the subdivider and the County, is ten rears from the date of execution of a contract for road improvements. � s 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the Count: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B,' but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected Lithe County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full Maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. ' .0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement Acceptable v Y collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final v m Plat approval provided the cost estimates are updated and the development plans are revised to comply with titttttra all current County standards, policies and regulations. The improvements must be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicantlsi requests that this ,agreement be renewed at least thirty (30) days prior to its expiration and N H further provides that the cost estimates for the remain me improvements arc updated and collateral is cO provided in the amount of One -Hundred percent (100%) of the value of the improvements remaining to be completed opleted If improvements are not completed and the agreement not renewed within these time frames, the 0 o o County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the N improvements are made. N C r�0 rr� c 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the Qo property that are not covered by collateral which will prohibit the conveyance of the property or the issuance a of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit" A " will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on 'Tire State Highway Bid Price Index' contained in the "Quarterly Cost Report" of The Engineering News -Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board County Commissioners, 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8 I.! The Letter of Credit shall be in an amount equivalent to One -'Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B." 8.1 2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cast estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 0 8.1 .6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the p date of Final Plat approval, whichever occurs first Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty ( 60) days written notice from the issuer of the Letter of Credit of the pending expiration Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. w 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioner provided that the following are submitted: _� - 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required e g of the property in the proposed development by a disinterested Member of the American Institute of 4 Real Estate Appraisers (MA I ) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One -Hundred percent (100%) of the cost of the c improvements as set forth in the Improvements Agreement plus all costs of sale of the property. AQv Q of 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real 0 Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current stat of development is sufficient to cover One -Hundred percent (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One -Hundred percent (I0O%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agreement guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state -licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to O e -Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One -Hundred percent (100%) of the value of the improvements 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plaits utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials satnpline, testing and inspections found in CDOT Materials Manual. 9.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted, The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate fire Authority indicating the fire hydrants are its place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of Ire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the frwi construction plans. 111111111111111111111111111111111111111 ill 111111111 IN 3308596 08/02/2005 02:28P Weld County, CO 6 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 9. 7 Following the submittal of the Statement of Substantial Compliance and recommendation otacceptance of the streets for partial maintenance b% the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9S The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) f the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 53 herein 1 00 Public Sites and Onen Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code, shall be dedicated to the County or the appropriate school district, for one of the above purposes. An% area so dedicated shall be maintained by the County or school district 10,2 The required acreage, a determined by relevant Sections of the Weld County Code may be reserved through deed restriction as open area, the maintenance of which shall be a specific obligation in the deed of each lot within e Subdivision or Planned Unit Development. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time off Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives. successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant rutuung with the land herein described, and shall be binding upon the successors in ownership of said land 1111111 IN IIIII 1111111111111111111111 III IIIII 1111 IN 3308596 08/0212005 02:28P Weld County, CO 7 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the arties hereto have caused this Agreement to be executed on the day and pear first above 6 Todd Muckl , Applicant •Deborah Eberl Eli Kerbs Subscribed and sworn to before me thi day oJ (J _005 My Commission expires: i�/J t) l� BILLIE J. MOORE Notary Public NOTARY PUBLIC -TATE OF COLORADO ATTEST: HOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO Weld County Clerk to M. J. Geile Chair tom BY: Dept,ty cieri< `o JUL 182005 APPROVED AS TO FOR2%C Attorncv ` �1��1111 ��1�11{lll��l {11 11% Jlll I\\%%141%Iti ll Ill y, Co 3308596 08102/2005 02.28P We 0 0,00 Steve Morerlo Clerk S Recorder 8 oS j1 R 0.00 EXHIBIT AA@ Name of Subdivision or Planned Unit Development: - - Lakota Lakes Ranch, LLC Filing: Location: NW 1/4 & THE N 1/2. SW 1/4, SEC. 29, T5N. R67W, 6th P.M., WELD COUNTY, COLORADO Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Si e Street grading —.--- _ —� Street paving su _ _ade prep included o1 r,. 5'Z111L. ,t,; tic Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitaryaewers_ �, „ ....,.... _ .. . Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities Nurve anti street monuments a oxes Street name signs , ,e)' Fencing re uirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Cv Water transfer iyi A — Engineering and Supervision Costs SiS - {Testing inspection, as -built plans and work in addition to preliminary and final plat, supervision of actual construction by contractors) 111111111111111111111111111111111111111111111111111111111111111 IN 3308596 0810212005 02:28P Weld County, CO 9 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S_2 , 9, The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit AB.@ LBy: e�r��-' ~C . Applicant Applicant h1L( Iwd Datet ? 7 ,20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) ��1�111�11��1 11111111111111111111111111111111111111eld CotCo 330 6 0810212005 02.28P W 330859 Steve Moreno Clerk & Recorder i0 of 11 R 0.00 p 0.00 EXHIBIT "B" Name of Subdivision LaAotr. 4A �a►�.{ or Planned Unit Development: /VLy / - The /V %z ..5 w .S C A�7Gt1, ,/A. /°/pi . G/rS(i,anTV_ C'oLcCGca% Filing: Location: All improvements shall be completed within I years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street paving Curbs. gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains Street lighting Street name signs jam? i D S Fencing requirements Landscaping Park improvements Road culvert 3U1}-1VLAL: IIlI llII lIIll VIII Ill lllII III llll III 3308596 08!0212005 02:28P Weld County, CO i1 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 597 DEED OF TRUST THIS INDENTURE, Made this ? day of - _ , 20cL, ` between Todd Muckler, Debra Eberl and Eli Krebs, whose address is 7288 CR 54. Johnstown, CO 80534, hereinafter referred to as grantor, and the Public Trustee of the County of Weld, State of Colorado, hereinafter referred to as Public Trustee. WITNESSETH, THAT, WHEREAS, grantor and the County of Weld. State of Colorado (the "Beneficiary") have entered into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)(the "Agreement") attached hereto as Exhibit "A." Pursuant to the terms of said Agreement, grantor is executing this Trust Deed in favor of Weld County, Colorado to secure payment and performance of all improvements as set forth in the Agreement. NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever, the following described property, situate in the County of Weld, State of Colorado, to wit: Lot 1, Lakota Lakes Ranch PUD according to the plat thereof recorded on D7 I -"/C S' at Reception No. 3304 &7 g in the records of the Weld County Clerk and Recorder also known by street and number as: Vacant Land assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default under the terms of said Agreement, or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said Agreement, or any of them, or in the payment of any prior encumbrances, principal or interest, if any. or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee- Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be recorded in the recorder's office of the county in which said property is situated- The Public Trustee shall then give public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within twenty days after the date of the first publication thereof to the grantor at the address given herein, to such person or persons appearing to have acquired a subsequent record interest in said property at the address given in the recorded instrument, and to any other person or persons as may be provided by law- It shall and may then be lawful for the Public Trustee to sell said property for the highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), together with all the right, title and interest of the grantor, his heirs or assigns therein, at public auction at any place as may be specified by statute and designated in the notice of sale. The Public Trustee shall make and give to the purchaser or purchasers of such property at such sale, a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor. and the time when the purchaser or purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law. The Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the property purchased at the time such demand is made, the time for redemption having expired, make and execute to such person or persons a deed or deeds to the said property purchased. Said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirtn the foreclosure sale and sell and convey to such person or persons entitled to such deed, the said property purchased as aforesaid and all the right, tide, interest, benefit and equity of redemption of the grantor, his heirs and assigns therein. The Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at zero (0%) per cent per annum, rendering the ovcrplus, if any, unto the grantor, his legal representatives or assigns- Said sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against the grantor, his heirs and assigns, and all other persons claiming the said property. or any part thereof, by, from, through or under the grantor, or any of them. Beneficiary may purchase said property or any part thereof, and it shall not be 1111111111111111111111111111111111111111111111111111111 . C1 (page t ar 3) 3308597 0810212005 02:28P Weld County, CO 1 of 3 R 0.00 0 0.00 Steve Moreno Clerk & Recorder obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required, it is agreed that the grantor, his heirs or assigns, will pay the expense thereof. And the grantor, for himself and his heirs, personal representatives or assigns covenants and agrees to and with the Public Trustee, that at the time of the ensealing of and deliver ° of these presents lie is well seized of the said land and tenements in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever, except and the above bargained property in the quiet and peaceable possession of the Public Trustee, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the grantor shall and will Warrant and Forever Defend Until complete performance of the Agreement, the grantor shall timely pay all taxes and assessments levied on the property, any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any. Should the grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any such payments and all monies so paid with interest thereon at the rate of zero percent (0%) per annum shall be added to and become a part of the obligations secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to make any of the payments required by this paragraph. AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the Public Trustee or the Beneficiary or holder of a certificate of purchase. shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and such possession shall at once be delivered to the Public Trustee or Beneficiary on request, and on refusal, the delivery of such possession may be enforced by the Public Trustee or the Beneficiary by any appropriate civil suit or proceeding, and the Public Trustee, or the Beneficiary shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the grantor or of the then owner of said property and without regard to t he value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon cx parse application and without notice -- notice being hereby expressly waived -- and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the obligations of the Agreement hereby secured, according to the taw and the orders and directions of the court. AND, That in case of default in any of grantor's obligations under the Agreement, according to the tenor and effect of said Agreement aforesaid, or any of them. or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the grantor, his personal representatives or assigns, then and in that case the whole of grantor's obligations hereby secured, may at once, at the option of the legal holder thereof, become due and the said property be sold in the manner and with the same effect as if said indebtedness had matured. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed on 111111111111111111111111111111111111111111111111111 1111 3308597 08102(2005 02:28P Weld County, CO 2 of 3 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Todd Mu er Debra Ebert Eli Krebs 4a 3418. R. 7-02. DEED OF TRUST (Public Tree) without Due oA Sale Cause (Page 2 of 3) State of County ofkh- The foregoing instrument was Witness my hand and seal_ My conunission expires State of +' County of - err The foregoing instrument was Witness my hand and seal. My conunission expires State of County of_____ The foregoing instrument was Witness my hand and seal. My commission expires Nsm nd AMmw of Pwsar Creslir Newly Q�PP' ^`'\ le+ g feTt"$ day of . 20T�s' . by ,,.GJ ter.' _• •��/ //.� �� '' Notary Pubbc Q !edged before me tliois" II CAROL A. H^F'Oi3 CAROL A. H, r 01" L, � C' ,� It 1 111111 11111 11111 IN 111111111111111111 3308597 08/02/2005 02:28P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder day of ,�� c� , 20py�, by r f Vary Public day of ti�ucc 202 by r Nowy Public No. 341L Rev. 7-02. DEED OF TRUST (Public Tn ee) Without Due on Sate Clau,e (Pe 3 of 3) SUBORDINATION AGREEMENT THIS AGREEMENT, made this i3 lay of x,2005, by among Weld County, Colorado (the "County"), the owner (the "Owner") of the real property hereinafter described and Community Banks of Colorado (the "Beneficiary"); WITNESSETH THAT WHEREAS, the Owner executed a deed of trust (the "Beneficiary Deed of Trust") dated April 23, 2003 to the Public Trustee of Weld County, State of Colorado, for the benefit of the Beneficiary and which encumbers the following described real property (the "Property"), to -wit: Lots A and B of Exemption No. 0957 -29 -2 -RE -2695 recorded October 31, 2000 at reception number 2803631, being a part of the northwest quarter and the north half of the souhwest quarter of section 29, township 5 north, range 67 West of the 6`h P.M., excepting therefrom subdivision exemption No. 0957 -29 -2 -SE -843, recorded October 31, 2000 at reception number 2803630, County of Weld, State of Colorado to secure a promissory note in the sum of $480,000 dated April 23, 2003, in favor of the Beneficiary, which deed of trust was recorded May 2, 2003 at reception number 3058863 in the official records of the aforementioned County; and WHEREAS, the Owner has now executed a deed of trust (the "County Deed of Trust") and promissory note in the sum of $80,000 datedr -3 , 2005, in favor of County payable upon the terms and conditions described therein and which will be recorded in the official records of the County and which will also encumber the Property; and WHEREAS, it is a condition precedent to obtaining approval from the County of the Lakota Lakes Ranch P.U.D. final plan for recording (the "P.U.D.") that the County Deed of Trust shall unconditionally be and remain at all times a lien or charge prior and superior to the lien or charge of the Beneficiary Deed of Trust as it relates only to that portion of the Property which will be known upon platting as Lot 1, Lakota Lakes Ranch, P.U.D. ("Lot 1"); and WHEREAS, the County is willing to approve the P.U.D. final plan for recording provided the County Deed of Trust is a lien or charge upon Lot 1 prior and superior to the Beneficiary Deed of Trust and provided that the Beneficiary will specifically and unconditionally subordinate the lien or charge of the Beneficiary Deed of Trust as it relates to Lot 1 to the County Deed of Trust; and WHEREAS, it is to the mutual benefit of the parties hereto that the County approve the P.U.D., and the Beneficiary is willing that the County Deed of Trust shall constitute a lien or charge upon Lot I which is unconditionally prior and superior to the lien or charge of the Beneficiary Deed of Trust. IIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111111111111111111111111111 I111 3308598 08/02/2005 02:28P Weld County, CO 1 of 2 R 0.00 0 0,00 Steve Moreno Clerk & Recorder ccS3S' NOW, THERFORE, in consideration of the mutual benefits accruing to the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and in order to induce the County to approve the P.U.D., it is hereby declared, understood and agreed as follows: (1) the County Deed of Trust, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on that portion of the Property to be known as Lot 1 prior and superior to the lien or charge of the Beneficiary Deed of Trust, (2) the County would not approve the P.U. D. final plan for recording without this subordination agreement, and (3) this subordination agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Beneficiary Deed of Trust as it relates to Lot I to the lien or charge of the Lender Deed of Trust. Community Banks of Colorado by Fr lin J. Gardiner, ranch President Owner by State of Colorado County of Arapahoe The forgoing instrument was acknowledged before me this 7th day of June, 2005, by Franklin J. Gardiner, Branch President of Community Ba>s�4of Colorado. My commission expires: �?-qua ,O9 ..-.- y11*4rand seal. l�Yot Publi___________ 'w' c f°7 •r V p State of Colorado County of The forgoing instrument was by' My commission expires: Notary Public 1111111111111111111111111111111111111111111111111111111111111111111111111111111111 3308598 08/0212005 02:28P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder -_ = f e o ss6O•' QJ.•a� ''h, • ST,- f �ne'this /`may of _200 }ess my hand and seal. l . I ---�..... w.•..4+ vn jai iraa messur.ment. Quotation does not include sales tax on materials. Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of. of Proposal: Date: iroposaI may be withdrawn by us if not accented vAthin N .,_.— Page 1 of I ORDER FORM DATE: _ __ 4�- r `` ` S GNS AHIMWAY CUSTOMERS/ sur�.lt �So53 - i-'ri L Akf IU C 17121st Aveue P.O. Box 1826 Cxeeley, OO 80632 ONTACT NAME 4 u13 O -.c -LL 33-57A-g5'?9- 970-356-6881-c HONE -;-,y.. FAX 303.659-1729 - Memo ---� — .: 97O3565862 -Fax 1-877-356NCTC - Tol Free v# Q ANTr Y o_s_RpraN AMOUNT L K� X75 f't , v !F. 5 7 7 OFFICIAL SIGNATURE KREBS PLUMBING, LLC 14170 Weld County Road 7 MEAD, COLORADO 80542 (303) 746-7320 TO: L PLUMBING Work Order/Invoice 1208 .A°O= CH ER HOME TEL OER T -v WORK TE_ CLSTf vE R 0 -DE R '40 DAYWORKNTRACT EXTRA SAP - No DATE = OVERTIME OTHER Joe N?UE (.0 -0B LOG.- Oh I`TV.^.IC ATE a „JG'L E:a3 . ? 'tea c} A• / TERMS. 44444/Q`gZ DESCRIPTION OF WORK NO WATER ! BURST PIPES) THAW PIPE(S) INSULATE PIPE(S) BLOCKAGE. WASTE SYSTEM LABOR HRS. RATE AMOUNT KITCHEN ��- SINK i INSTANT HOT WATER FILTER fZ CISPOSAL DISHWASHER BATH (1) R) (3) TOTAL LABOR LAVATORY WATER CLOSET QTY. MATERIAL UNIT AMOUNT . /4 ?/ r BATHTUB = SHOWER STALL ! HEAD WHIRLPOOL I SPA( HOT TUB LAUNDRY WASHEIG MACHINE FAUCET(S) Si" COCK SUPPLY L1(S) TRAP(S)( DRAINS) FILTERS) GATE/BALL VALVE(S) WATER LINE(S) WELL! WATER PUMP PRESSURE TANK WATER SOFTENER (COMO SUMP! EFFLUENT PUMP WATER HEATER BOILER - $TE►M / HOT WATER I I SAFETY VALVE CIRCULATOR ZONE VALVE BASEBOARD(S)! RADIATOR(S) FURNACE BURNER HEAT PUMP AIR COMDmONER WASTE I SEWER LINE(S) VENT PWE(S) WORK 0PDE REc ey TOTAL MATERIALS I hereby knowledge the satisfactory completion of the above TOTAL de LABOR X TAX OTHER CHARGES Thank You! TOTAL RESOLUTION RE: ACTION OF BOARD CONCERNING AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND FINAL RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #594 - TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS 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, the Board has been presented with an Amendment to Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) and Final Release of Collateral for Planned Unit Development Final Plan, PF #594, for Todd Muckler, Debra Eberl-Muckler, and Eli Krebs, and WHEREAS, a hearing before the Board was held on the 12th day of March, 2014, at which time the Board deemed it advisable to continue said matter one week to allow an absent signatory adequate time to return from an emergency trip. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that the abovementioned matter be, and hereby is, continued to March 19, 2014, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of March, AD., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1 o Douglai Rade acher, Chair Weld County Clerk to the Boar EXCUSED • arbara Kirkmeyer, Pro -Tern ty Clerk to the r can P. Conway APPRO D AS TO M: - Mike Fre Co Attorney William F. Garcia Date of signature: ac,: Ll�aorj4 2014-0744 PL 1677 Traffic Narrative 1. The sub division contains only 7 lots. I have attached the current survey for the detail of all lots and sizes and all other details required. There are currently 6 homes with one vacant lot. The current round trips per day are estimated at 12. Each house hold has 2 adult drivers and each person works. 2. The sub division has its own private road (see survey) and it is strictly for residences only. 3. The travel distribution is estimated at 50% homeowners come from the east and 50% come from the west. When exiting the sub division you can only go east or west. (see survey) 4. The highest times of travel would be in the mornings when people are going to work and in the evening when returning from work. 5. Three of the lots current have large out buildings all ready built and approved by the county. The HOA is restricting use of ADU buildings to family only which also can stay in the main houses which will have no impact on traffic if so very minimal. Drainage Narrative 1. The current properties are large acreage estates and all existing infrastructure will support a additional ADU building in fact 3 lots have such existing structures already. The homeowners would just like the options to have parents or children in those buildings. 2. I believe we are asking for an exception for 3 reasons A. There will be no change to existing drainage which is already more than adequate and in place. B. There is a lake and 2 ponds and a drainage ditch to handle additional water. (see survey) C. Each lot is several acres and any building does not affect existing drainage because to the size of lot and has already been established. 3. The lake has been established to handle the water that come in from the Big Thompson River and also taken into consideration evaporation and it is set up to put water back. (see survey) 4. I am unaware of any drainage problems or irrigation facilities near the properties. 5. We are claiming an exemption to storm water drainage. The exemption we will be using is # 11 "An individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project". This is found in Sec. 8-11-40 of County Code. Hello