HomeMy WebLinkAbout20141852.tiff LAND USE APPLICATION
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PLANNER: C. Gathman HEARING DATE:June 17, 2014
CASE
NUMBER: COZ14-0002
APPLICANT: Mark & Jackie Eberl
ADDRESS: 2672 Grace Way, Mead, CO 80542
REQUEST: Change of Zone from the PUD (Planned Unit Development) Zone District to the A
(Agricultural)Zone District.
LEGAL: Lot 9 Eden's Reserve PUD; located in Part of the NE4 of Section 21, T3N, R68W of the
6th PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 32 and 1/2 mile east of County Road 5.
ACRES: +/-63.905 acres
PARCEL#: 120721002009
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
Weld County Code Compliance, referral received March 11, 2014
Colorado Division of Water Resources, March 31, 2014
City of Longmont, referral received March 17, 2014
Longmont Soil Conservation District, referral received March 11, 2014
With Comment:
Weld County Building Inspection, referral received April 8, 2014
Weld County Department of Public Works, referral received March 18, 2014
Weld County Department of Public Health and Environment, referral received March 14, 2014
Town of Mead, referral received March 31, 2014
Mountain View Fire Protection District, referral received March 21, 2014
The Department of Planning Services' staff has not received responses from:
Weld County Sheriff's Office
Little Thompson Water District
Eberl-C0Z14-0002 Page 1
RE-1J School District
Boulder County
Town of Firestone
Colorado Parks &Wildlife
North Weld County Water District
Eberl-COZ14-0002 Page 2
`2 ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
PLANNER: C. Gathman HEARING DATE: May 20, 2014
CASE
NUMBER: COZ14-0002
APPLICANT: Mark & Jackie Eberl
ADDRESS: 2672 Grace Way, Mead, CO 80542
REQUEST: Change of Zone from the PUD (Planned Unit Development) Zone District to the A
(Agricultural)Zone District.
LEGAL: Lot 9 Eden's Reserve PUD; located in Part of the NE4 of Section 21, T3N, R68W of the
6th PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 32 and 1/2 mile east of County Road 5.
ACRES: +/- 63.905 acres
PARCEL#: 120721002009
SUMMARY: The applicants are proposing to rezone this parcel from PUD (Planned Unit Development) to
A (Agricultural). This application is in conjunction with PUDF14-0001 (an amendment to
Eden's Reserve PUD Final Plan to vacate Lot 9 out of the Eden's Reserve PUD). Per Weld
County Planned Unit Development regulations - PUD Final Plan applications require only
one (1) public hearing before the Weld County Board of Commissioners. PUD Final Plan
cases are not heard by the Weld County Planning Commission. The purpose of this request
(if approved) is to allow the applicant to create an additional lot on the property through the
recorded exemption process. The size of the parcel to be vacated is less than the minimum
lot size in the A (Agricultural) Zone District. However, the uses allowed on this lot will not
change as the uses allowed under the PUD are the same as the uses allowed under the
proposed Agricultural zoning. A waiver of the minimum lot size in the A (Agricultural) Zone
District would need to be granted by the Board of County Commissioners in regards to this
request.
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50
of the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
Eberl-COZ14-0002 Page 3
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld
County.
Section 22-2-20 A. A.Goal 1. of the Weld County code states: "Respect and encourage
the continuation of agricultural land uses and agricultural operations for purposes which
enhance the economic health and sustainability of agriculture."
Section22-2-2- 1. A.Policy 6.1. of the Weld County Code states: "Support the
continuation of division of lands in agricultural areas that are exempt from subdivision
regulations."
The proposed change of zone will not change the uses allowed from the existing zoning
and will continue to allow agricultural uses. Changing the zoning to Agricultural will allow
the applicant to divide the property through the Recorded Exemption process.
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by
granting the change of zone will be compatible with the surrounding land uses. The
zoning for the existing Lot 9 is Planned Unit Development for A (Agricultural) Uses. This
proposed rezoning to A (Agricultural)will not change the uses allowed by right, accessory
uses and uses by special review on the subject property than what is allowed under the
existing zoning.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed zone district. The existing parcel has
a single family residence that is served by the Little Thompson Water District and an
existing septic system (SP-0200166). This change of zone will not change existing water
and sewer service or demand.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The parcel to
be rezoned accesses off of County Road 32 via Grace Way through the Eden's Reserve
PUD. This access will not change.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-30.A.5.a. — The proposed change of zone is not located within an
Overlay District.
2) Section 23-2-30.A.5.b. — A mineral resource statement was prepared for the
original Eden's Reserve PUD change of zone (Z-525).
3) Section 23-2-30.A.5.c. — Types of uses allowed under this change of zone will
not change from the existing zoning classification. The Longmont Soil
Conservation District, in their referral dated March 11, 2014, indicated no conflict
with their interests.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Eberl-C0Z14-0002 Page 4
The Change of Zone from the PUD (Planned Unit Development) Zone District to A (Agricultural)
Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
B. The applicant shall attempt to address the requirements of the Mountain View Fire
Protection District as stated in their referral dated March 21, 2014. Written evidence of such
shall be provided to the Department of Planning Services. (Mountain View Fire Protection
District)
C. The PUDF14-0001 plat shall submitted for recording in conjunction with the COZ14-0002
plat. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0002. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code.
(Department of Planning Services)
C. The access and utility easement and utility easements with existing utilities (originally
indicated on the Eden's Reserve PUD shall be indicated on the plat as approved by the
Weld County Utility Advisory Committee on June 12, 2014. (Utility Advisory Committee)
C. In addition to the easements required by the Utility Board, all recorded easements shall
be shall be shown and dimensioned on the Change of Zone plat (reception # - book and
page). (Department of Planning Services, Department of Public Works)
D. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat.
E. The approved stormwater drainage easement shall be indicated on the plat. (Department
of Public Works)
F. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for A (Agricultural) uses which shall comply with the
A (Agricultural) Zone District requirements as set forth in Article Ill, Division 1 of
the Weld County Code. (Department of Planning Services)
2. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code. (Department of Planning
Services)
3. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
4. Water service shall be obtained from the Little Thompson Water District.
(Department of Public Health and Environment)
Eberl-COZ14-0002 Page 5
5. This subdivision is in rural Weld County and is not served by a municipal
sanitary sewer system. Sewage disposal shall be by septic systems designed
in accordance with the regulations of the Colorado Department of Public
Health and Environment, Water Quality Control Division and the Weld County
Code in effect at the time of construction, repair, replacement, or modification
of the system. (Department of Public Health and Environment)
6. Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in
the designated absorption field site. (Department of Public Health and
Environment)
7. Building permits maybe required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2012 International
Codes; 2006 International Energy Code; 2011 National Electrical Code; A
building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report
performed by a. (Department of Building Inspection)
8. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Countywide Road Fee Impact Program. (Ordinance 2011-2)
9. Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee program.
(Ordinance 2011-2)
10. Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out
on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
11. The historical flow patterns and run-off amounts will be maintained on site.
(Department of Public Works)
12. This parcel and any future parcels within the boundaries of this change of zone
that will be utilizing Grace Way for access are subject to and shall adhere to the
Road Maintenance Agreement recorded under reception #3834850 on
3/27/2012.
13. Weld County is one of the most productive agricultural counties in the United
States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open
and spacious, but they are intensively used for agriculture. Persons moving into
a rural area must recognize and accept there are drawbacks, including conflicts
with long-standing agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Eberl-C0Z14-0002 Page 6
Agricultural users of the land should not be expected to change their long-
established agricultural practices to accommodate the intrusions of urban users
into a rural area. Well-run agricultural activities will generate off-site impacts,
including noise from tractors and equipment; slow-moving farm vehicles on rural
roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including
the use of aerial spraying. It is common practice for agricultural producers to
utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County.
Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be
a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community.
It is unrealistic to assume that ditches and reservoirs may simply be moved "out
of the way" of residential development. When moving to the County, property
owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square
miles in size (twice the size of the State of Delaware) with more than three
thousand seven hundred (3,700) miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operations, high speed
traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood.
G. The applicant shall submit three (3) paper copies or one (1) electronic copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department
of Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one-hundred (120)
Eberl-COZ14-0002 Page 7
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one-hundred twenty (120) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ...
(Group 6 is not acceptable). (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one-hundred-twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period
Eberl-COZ14-0002 Page 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970)304-6498
r
April 30, 2014
EBERL MARK
2672 GRACE WAY
MEAD, CO 80542
Subject: COZ14-0002 - Change of Zone from the PUD (Planned Unit Development) Zone District to the
A(Agricultural)Zone District. This case is being processed in conjunction with Case No. PUDF14-0001.
On parcel(s)of land described as :
L9 EDENS RESERVE; PART SECTION 21, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 20, 2014, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 25, 2014 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally am edthe
ay thisrioef Ih nslem
sdoc
Fbason:lam the author of thisdocument
1iv✓� ""G"'--- Date:2014.04.30 07:37:34-06'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N
' FAX: (970)304-6498
March 10, 2014
EBERL MARK
2672 GRACE WAY
MEAD, CO 80542
Subject: COZ14-0002 - Change of Zone from the PUD (Planned Unit Development) Zone District to the
A(Agricultural)Zone District. This case is being processed in conjunction with Case No. PUDF14-0001.
On parcel(s)of land described as:
L9 EDENS RESERVE; PART SECTION 21, T3N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Firestone at Phone Number 303-833-3291
Longmont at Phone Number 303-651-8601
Mead at Phone Number 970-535-4477
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Panslem
` Fèason:lam the author of thisdocument
Date:2014.03.1015:15:12-06'00'
Chris Gathman
Planner
3834850 03/27/2012 04:05 PM
Total Pages: 13 Rec Fee: $71 .00
Steve Moreno - Clerk and Recorder, Weld County, CO
ROAD MAINTENANCE AGREEMENT
This Road Maintenance Agreement (hereinafter the "Agreement") is entered into effective this
9th day of March, 2012, by and among Mark A. Eberl and Jacquelyn A. Eberl (together the
"Eberls") and the Eden's Reserve Homeowners Association, a Colorado non-profit corporation
(the"HOA"). The Eberls and the HOA shall be referred to collectively herein as the"Parties."
BACKGROUND OF AGREEMENT
A. The HOA consists of eight residential lots,known as Lots 1-8, inclusive, of the Eden's
Reserve PUD ("Eden's Reserve")as shown on the plat for Eden's Reserve (the"Plat")
recorded on September 27, 1999 at Reception No. 2722939 in the records of the Clerk and
Recorder of Weld County, Colorado.
B. The Eberls are the owners of Lot 9 of Eden's Reserve as shown on the Plat.
C. The owners of Lots 1-9, inclusive, of Eden's Reserve are referred to herein as the ("Lot
Owners").
D. Lots 1-9, inclusive, of Eden's Reserve are all served and accessed by the street known as
Grace Way, as shown on the Plat.
•
E. Grace Way is a public,non-assessed roadway,but is not maintained by Weld County and is
instead to be maintained by the HOA.
F. Because Lots 1-9 of Eden's Reserve are all accessed and served by Grace Way,the Parties
desire to enter into this Agreement to provide for the maintenance of Grace Way.
AGREEMENT
NOW,THEREFORE, in consideration of the mutual grants, covenants and promises set forth
herein and other good and valuable consideration,the sufficiency of which is hereby
acknowledged,the Parties agree as follows:
1. Background Statements; The foregoing Background of Agreement is fully incorporated
herein by this reference, and the statements therein are not merely recitals but shall constitute
material terms and agreements of the Parties.
2. Maintenance:
Road Maintenance Agreement—Grace Way
Page I
3834850 03/27/2012 04:05 PM
Page 2 of 13
2.1 The costs of repair,maintenance, clearing,trash removal, snow plowing, street lighting
(if any),utility charges (if any),property taxes (if any), and other expenses of upkeep and
preservation of Grace Way shall be shared, as follows:
Par Share
The Eberls (owners of Lot 9) 1/9 or 11.11 %
The HOA(shared by owners of Lots 1-8) 8/9 or 88.89 %
Routine repairs, including repair or replacement of concrete and paving,clearing,trash
removal and snow plowing will be conducted by the HOA from time to time as deemed
necessary by the HOA in the exercise of its reasonable discretion in accordance with
paragraph 2.3. In the event that the number of lots served by Grace Way increases or
decreases,the relative shares of the costs of maintenance and repair of Grace Way shall
automatically be adjusted accordingly.
2.2 The HOA, and any successor thereto,hereby agrees to act in a reasonably diligent
manner in maintaining and repairing Grace Way. The standard for maintenance and
repair for Grace Way to be reasonably followed by the HOA shall be comparable to the
standards of maintenance and repair followed in other similar residential estate zone
developments of comparable size within Weld County. Notwithstanding the prior
sentence,the HOA shall be deemed to have satisfied its obligations as provided in this
Section if Grace Way is maintained and repaired in a manner and condition as directed by
the approval of not less than two-thirds(2/3) of the Lot Owners.
2.3 The following terms and conditions shall govern with respect to repair and maintenance:
(i)the costs and contractor to perform any such repair and maintenance improvements
beyond customary plowing of snow or filling of potholes shall require the approval by
vote or written consent of not less than two-thirds (2/3) of the Lot Owners,following
notice from the HOA of the plan to make such improvements and an estimate of the
anticipated costs; (ii)if the Eberls or any owner in the HOA shall fail or refuse to pay any
such invoiced amount within 30 days, such failure shall be considered a default on the
terms of this Agreement. The amount of such unpaid invoice or special assessment,
together with interest on such amount accruing at the rate of one percent(1%)per month,
shall constitute a lien upon the defaulting owner's lot upon the recording of notice
thereof; and(iii)the non-defaulting Parties shall be entitled to initiate legal proceedings
against the defaulting lot owner to collect all amounts due hereunder. In any such legal
action, the defaulting owner shall be required to pay all of the costs and expenses of such
proceedings,including the costs, expenses and attorney's fees for filing a notice of claim
Road Maintenance Agreement—Grace Way
Page 2
3834850 03/27/2012 04:05 PM
Page 3 of 13
of lien and all reasonable attorneys' fees incurred in connection with such legal
proceedings.
3. Enforcement Provisions
3.1 The Parties agree that they will not use Grace Way in a manner inconsistent with the
others' rights of access and use thereof. The Parties agree not to park vehicles on Grace
Way or place or store any equipment or materials or place or construct any structures,
whether temporary or permanent,on Grace Way.
3.2 In the event of violation of the terms of this Agreement by a party, the other party hereto
may give written notice to the party in violation at the last known address of such party.
Such party shall have 24 hours to remove or correct the violation. If the violating party
fails to do so, the other party hereto may remove or correct the violation,if possible, and
that party shall be entitled to reimbursement for all expenses incurred in conjunction with
remedying the violation. Injunctive relief shall also be available in the event of
violation(s)or threatened violation(s) of this Agreement.
3.3 Each party agrees that,upon request of the other party, it will certify from time to time to
any person designated that there are no breaches of this Agreement, or, if the certifying
party believes that breaches may exist,then such party shall specify, in detail,the nature
of the breach(es). If any party fails to respond to such request within 20 days of the date
of the request, such failure to respond shall be deemed a violation of the terms of this
Agreement which shall entitle the requesting party to the remedies set forth in paragraph
3.2.
3.4 This Agreement and the terms,conditions and provisions hereof maybe enforced by the
Parties hereto and their respective successors, assigns and personal representatives; and in
the event legal or administrative suits or proceedings are brought against any party for the
purpose of such enforcement,the prevailing party shall recover from the non-prevailing
party all costs associated therewith,including,but not limited to,reasonable attorneys'
fees.
3.5 The HOA and any successor thereto shall maintain a comprehensive system of books and
accounts showing and reflecting the costs and expenses of the maintenance and repair of
Grace Way. All such books and records shall be available for inspection by the Eberls at
a reasonable time upon a request for such inspection by the Eberls.
4. Rights and Obligations of Successors
Road Maintenance Agreement—Grace Way
Page 3
3834850 03/27/2012 04:05 PM
Page 4 of 13
This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors,assigns and personal representatives, and the burdens and benefits
hereof shall run with the land and shall be appurtenant thereto.
5. Counterpart Execution
This Agreement may be executed in counterparts,each of which shall be deemed an
original,but all of which together shall constitute one and the same instrument
representing the agreement of the parties to this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Road Maintenance Agreement
the day and year stated herein above:
THE HOA:
EDEN'S RESERVE HOMEOWNERS'ASSOCIATION
By: RA'N2) Qt iflace J
Its: A/QCS/66N t ,
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2012,by cy'e44,"1, Sjj ,as f Eden's
R erve Homeowners' Association,a Colorado corporation.
Witness my hand and offgigdweal,,,
_.
My commission exprek pT,q `\
e' R}
NJs (1SL%G :o;.o Public
%nil 11111110
Road Maintenance Ag.wu.cnt—Grace Way
Page 4
3834850 03/27/2012 04:05 PM
Page 5of13
THE EBERLS:
Mark A. Eberl ac lyn A Berl
STATE OF COLORADO )
La-r n.,q )ss.
COUNTY OF WELD )
n
The foregoing instrument was acknowledged before me this -'� at day of
ffl v'- ,2012, by Mark A. Eberl and Jacquelyn A. Eberl.
Witness my hand and official seal.
My comrissie J
KRIISTIE L KITTLESON -2
NOTARY PUBLIC
STATE OF COLORADO \lotry Public
MY COMMISSION EXPIRES 2-25-2013
CONSENT OF THE OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
and
Michael Anthony Naud Revocable Mary Ellen Naud Revocable Trust,
Trust, Owner, Lot 1 Owner, Lot 1
and
Bradley J. Fedorczyk, Owner, Lot 2 Deborah E. Fedorczyk, Owner,Lot 2
Belle R. Conway, Owner, Lot 3
and
Derek Skelton,Owner, Lot 4 Mark Skelton, Owner, Lot 4
and
James L.-Lohr, Owner, Lot 5 Rebecca L. Lohr, Owner, Lot 5
Road Maintenance Agreement—Grace Way
Page 5
3834850 03/27/2012 04:05 PM
Page 6 of 13
THE EBERLS:
Mark A.Eberl Jacquelyn A.Ebert
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
,2012, by Mark A. Eberl and Jacquelyn A.Eberl.
Witness my hand and official seal.
My commission expires:
Notary Public
CONSENT OF THE OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
thimAate as -7'.-14z4i244'lletaL
Michael Anthony Naud Revocable Mary E eei Naud Revocabri Trust,
Trust,Owner,Lot 1 Owner,Lot 1
and
Bradley J. Fedorczyk,Owner,Lot 2 Deborah E. Fedorczyk,Owner,Lot 2
Belle R. Conway,Owner,Lot 3
and
Derek Skelton,Owner,Lot 4 Mark Skelton,Owner,Lot 4
and
James L. Lohr,Owner, Lot 5 Rebecca L. Lohr,Owner,Lot 5
Road Maintenance Agreement—Grace Way
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Page 7 of 13
THE EBERLS:
Mark A.Eberl Jacquelyn A. Eberl
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2012, by Mark A. Eberl and Jacquelyn A. Eberl.
Witness my hand and official seal.
My commission expires:
Notary Public
CONSENT OF THE OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
and
Michael Anthony Naud Revocable Mary Ellen Naud Revocable Trust,
Trust, Owner, Lot 1 Owner,Lot 1
u +a2 1 and aid a y�Bradley edorczyk, ner,Lot 2 Deborah E. Fedorczyk, Ow r, Lot 2
Belle R. Conway, Owner,Lot 3
and
Derek Skelton, Owner,Lot 4 Mark Skelton, Owner,Lot 4
and
James L. Lohr, Owner, Lot 5 Rebecca L. Lohr, Owner, Lot 5
Road Maintenance Agreement—Grace Way
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3834850 03/27/2012 04:05 PM
Page 8 of 13
THE EBERLS:
Mark A. Eberl Jacquelyn A.Eberl
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
,2012,by Mark A. Eberl and Jacquelyn A. Eberl.
Witness my hand and official seal.
My commission expires:
Notary Public
CONSENT OF THE OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
and
Michael Anthony Naud Revocable Mary Ellen Naud Revocable Trust,
Trust, Owner, Lot 1 Owner, Lot 1
and
Bradley J. Fedorczyk, Owner,Lot 2 Deborah E. Fedorczyk, Owner,Lot 2
Belle R. Conw , wne , of 3
and
Derek Skelton,Owner, Lot 4 Mark Skelton, Owner,Lot 4
and
James L. Lohr,Owner,Lot 5 Rebecca L. Lohr, Owner,Lot 5
Road Maintenance Agreement—Grace Way
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3834850 03/27/2012 04:05 PM
Page 9 of 13
THE EBERLS:
Mark A. Eberl Jacquelyn A.Eberl
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2012, by Mark A. Eberl and Jacquelyn A. Eberl.
Witness my hand and official seal.
My commission expires:
Notary Public
CONSENT OF ME OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
and
Michael Anthony Naud Revocable Mary Ellen Naud Revocable Trust,
Trust, Owner, Lot 1 Owner, Lot 1
and
Bradley J. Fedorczyk, Owner, Lot 2 Deborah E. Fedorczyk, Owner, Lot 2
Ile R. on a O er,Lot 3
and
Derek Skelton, Owner, Lot 4 Mark Skelton, Owner, Lot 4
and
James L. Lohr, Owner, Lot 5 Rebecca L. Lohr, Owner, Lot 5
Road Maintenance Agreement—Grace Way
Page 5
3834850 03/27/2012 04:05 PM
Page 10 of 13
TILE EBERLS:
Mark A.Eberl Jacquelyn A.Eberl
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
,2012,by Mark A.Eberl and Jacquelyn A.Eberl.
Witness my hand and official seal.
My commission expires:
Notary Public
CONSENT OF THE OWNERS OF LOTS 1-8 OF EDEN'S RESERVE:
and
Michael Anthony Naud Revocable Mary Ellen Naud Revocable Trust,
Trust,Owner,Lot I Owner,Lot 1
and
• radley J.Fedorczyk,Owner,Lot 2 Deborah E.Fedorczyk,Owner,Lot 2
ESe11e R.Conway,Owner, Lot 3
rd
k Skelton,O r .t 4 Mark S lton,Owner,Lot 4
er. .0 • �� and
es L.Lohr,Owner,Lot 5 Rebecca L.Lohr,Owner,Lot 5
Road Maintenance Agreement—Grace Way
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Page 11 of 13
and
Curtis J. S tck,Owner,Lot 6 De e K. Schrick,Owner,Lot 6
and
John R.Vittetoe,Owner, Lot 7 Verna J.Vittetoe,Owner, Lot 7
and
James K. Wilson,Owner,Lot 8 ICristie G. Wilson, Owner,Lot 8
Road Maintenance Agreement—Grace Way
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Page 12 of 13
and
is . Schrick, Own r L t 6 Denene K. Schrick, Owner,Lot
t66
A---' and LA))X)a /) . 12,./ 1 d-C.
ohn R. Vittetoe, Owner, Lot 7 Verna J. Vittetoe, wner, Lot 7
and
James K. Wilson,Owner, Lot 8 Kristie G. Wilson, Owner, Lot 8
Road Maintenance Agreement—Grace Way
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Page 13 of 13
and
Curtis J. Schrick,Owner, Lot 6 Denene K. Schrick, Owner, Lot 6
and
John R.Vittetoe,tet' Owner,Lot 7 Verna J. Vittetoe, Owner, Lot 7
1- i( 1,41,`/ and `- -u.Q-Lc1> 4_z-li
ames K. Wilson, Owner, Lot 8 'Kristie G. Wilson, Owner, Lot 8
Road Maintenance Agreement—Grace Way
Page 6
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