HomeMy WebLinkAbout770139.tiff t,
RESOLUTION
RE: ACCEPTANCE OF MONIES FROM PARKLAND ESTATES AS PER SUB-
DIVISION REGULATIONS REGARDING PARK FEES.
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 , pursuant to the Weld County Subdivision Regu-
lations , Chapter 8-15 (A) (3) , before a Final Plat is approved,
subdividers may be required to dedicate, develop and/or reserve
land for parks and/or other necessary public purposes , other
than streets and utility easements , and
WHEREAS, in lieu of lands subdividers may be required
to make payment to the County of an amount equal to the market
value of such land as may be designated to be dedicated or re-
served in accordance with the formula contained in Chapter 8-15
(A) (3) of the Subdivision Regulations , and
WHEREAS, Park Land Associates , Developers of Park Land Estates ,
having had their Final Plat of said Subdivision approved subject
to the application of Chapter 8-15 (A) (3) , which requires the
dedication of certain acreage for public use and/or to make payment
of an amount equal to the market value of such acreage.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners that ParkLand Associates, Developers of ParkLand Estates ,
shall pay to the County of Weld, the sum of TWO THOUSAND SEVEN
HUNDRED SEVENTY-TWO DOLLARS ($2 , 772. 00) , the same being the
established market value of land considered necessary and es-
sential for public purposes according to the calculations set
forth in the attached memorandum.
BE IT FURTHER RESOLVED that such monies received shall be
deposited with the Weld County Treasurer in an escrow account
specifically designated to be used in accordance with Section
8-15 (A) (3) of the Weld County Subdivision Regulations .
770139
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The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 7th
day fo September, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORA
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ATTEST:
7�‘ 10,11-:- ^. f?,'✓:,fir✓
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Weld County Clerk and Recorder
anfllerk to the Boar
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- Deputy County Clerk ,.(
---- PPROV7D AS TO FORM:
County Attor ey
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Date Presented: September 19 , 19"
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WHIM Planning CommissionSept .ept 1 , 1977
To — Dale — t . -
COLORADO From
Parkland Estates
Subject:. .
Due to lack of comparable sales in the area of above
mentioned development , I used the sale price of
$192 , 000. for 320 acres as shown in Book 682 ,
Reception # 1603550 of the Weld County Records dated
December 14 , 1972 .
Sale price indicated $600 per acre and by adding
8% per year appreciation for five years today ' s
value would be $840 per acre .
Therefore , in my opinion , raw land in the N* of Section
8 , T1N, R68W of the 6th P. M . would be $840 per acre
for the purpose of Park Fees in this development .
Gilman E. Olson
Subdivision Director
Engineering Department
mfm
4
9/2/77
RE : Park Fee for Park Land Estates
expected population
Required Acreage = 1000 x 10. 5
. Expected Population = (91 residential units) X
3 . 5 inhabitants/unit )
Expected Population = 318. 5
( 318 . 5)
Required Acreage = 1000 X 10. 5
Required Acreage = 3 . 3ac
Park Fee = ( 3 . 3ac) ($840. 00/ac)
Park Fee = $2 , 772
•
FREDERICK L. GINSBERG
ATTORNEY AT LAW
3600 SOUTH YOSEMITE
SUITE 840
DENVER, COLORADO 80237
(303) 773-1405
PAMELA A. GORDON
August 19, 1977
Mr. Mel Dinner
Attorney at Law
630 Greeley National Plaza
Greeley, Colorado 80631
Re: Koch Ditch
Dear Mel :
In reference to the avove matter you will recall the Parkland people
agreed to move the portion of Mrs. Koch's ditch which is now on the inside
of the Parkland Property. The movement will be made from that point to the
outside of the Parkland property. My thought is the agreement by Parkland
to do this can be part of the written Stipulations with the County at the
time of the completion of the final plat. If you desire otherwise, then
please submit to me a basic agreement covering the movement of the ditch,
and we will attempt to have it executed as quickly as possible.
I understand the engineering with reference to the change of the location
of the ditch has been or is in the process of being completed by Parklands
engineers. This is a matter which we will also want to complete before the
1978 irrigation season, and therefore it is desirable that we determine how
to reduce the commitment by Parkland to writing in order for Parkland to be
able to proceed with this work. I again will appreciate your early response
to this inquiry.
Ver truly yours,
Frederick L. Ginsberg
FLG/rw
cc: Doris McFeeters
Jim Miller
Mrs. Kay Norton
FREDERICK L. GINSBERG
ATTORNEY AT LAW
3600 SOUTH YOSEMITE
SUITE 840
DENVER, COLORADO 80237
(303) 773-1405
PAMELA A. GORDON
August 19, 1977
Mr. Mel Dinner
Attorney at Law
630 Greeley National Plaza
Greeley, Colorado 80631
Re: Parkland Estates - Erie Coalcreek Ditch
Dear Mel :
In accordance with understanding reached at the time of the last meeting
with the County Commissioners I submit the following items must be
reduced to the form of an agreement between my client and the Erie Coal
Creek Ditch Company. These items would be as follows:
(a) Parkland Estates shall install , on both sides of the
ditch, a 6 foot high, chain link fence with gates at
either end. The cost of the material and installation
shall be borne by Parkland, and this work shall be
completed before the first certificate of occupancy is
issued in connection with any home in the subdivision.
(b) Parkland will be required to install at its expense
certain drainage erosion control devices, and this work
shall be completed by Parkland before the commencement
of the 1978 irrigation season.
N(c) Parkland shall be responsible for the general maintance of
the fence and for an area within one foot on either side
of the fence. This shall include, but not be limited to,
the cutting of weeds and distraining of debris along
the fence. Provided, your client will have the respon-
sibility for the maintance of the gates on either end
of the ditch.
,. (d) Parkland shall be responsible for paying the premiums
on, and maintaining in full force and effect public
liability insurance covering a one million/three million
exposure, with $50,000.00 property damage.
. (e) The agreement shall also contain a provision that, in
the event any resident of the Parkland area is found to
be taking water from the ditch, an automatic lien in the
amount of one thousand dollars will attach to that party's
property, and such lien shall be enforcable and collectable
by the ditch company. This provision shall be construed
page 2
as a covenant running with the land and inuring in favor
of the ditch company.
t In addition to the foregoing Parkland Estates is to receive from the ditch
company permission and an easement for the installation of utility pipes
and "cuts" through the ditch embankments. It is believed the cuts
may be avoided in certain instances, and boring be substituted in lieu
thereof. Wherever boring can be accomplished as an alternative to the
making of cuts in the embankment, this will be the method employed.
The decision to make bores in lieu of "cuts" will have to be made by the
engineers for Parkland.
Inasmuch as the Parkland Homeowners ' Association will have to be formed
within two weeks after approval of the final plat, it was agreed, that
for a period of two years after such formation, a member of the Erie
Coal Creek Ditch Company will also be a member of the Board of Directors
of the Homeowners' Association. This is intended as a method to produce
good communications between the parties. In this regard we should like
to know the name of the party who the ditch company wishes to represent it
on the Board.
Assuming all of the points above are those which the Commissioners have
included as part of the final plat approval , I should like to meet with
you as soon as possible and jointly draft an agreement. Please call me
after you have discussed these items with your client, and we can arrange
such meeting. If you need any additional information, please contact
me at your convenience.
Very'3uu1yyyours,
//Frederick L. Gin erg)
FLG/rw
cc: Doris McFeeters
Jim Miller
Mrs. Kay Norton
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