HomeMy WebLinkAbout20102560.tiff ( \ Inter Office Transmission
WI`Dc.
COLORADO
TO: Esther Gesick
DATE: October 20, 2010
FROM: Michelle Martin
SUBJECT: Please include the attached documents in the case file for AMPF-1045. This
case has already been to the BOCC. Thanks.
/L /793
co-uvemetRit u 2010-2560
10- 9-6-/°
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17"AVENUE
GREELEY,CO 80631
PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498
Date: 20 Receipt No. r ^t `
Received From:
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
❑CASH°CHECK NO. - ❑CREDIT CARD TOTAL FEE
Receipted By: DL# Exp.
I i
Michelle Martin
From: Stephanie Arries
Sent: Tuesday, October 19, 2010 10:37 AM
To: Michelle Martin
Subject: FW: Here is my review of the Covenants.
Michelle—The revision to the Covenants appears to be fine.
From: Stephanie Arries
Sent: Monday, October 11, 2010 4:10 PM
To: Michelle Martin
Subject: Here is my review of the Covenants.
Michelle
The only real issues could be easily addressed if the covenants had a provision in the first paragraph which
referred to and incorporated by reference the plat (include the recording date and #)
Call me with any questions
1
REVIEW OF COVENANTS FOR HIGHLAND FARMS SUBDIVISION—Oct. 2010
1. LEGAL DESCRIPTION OF LAND:
NO LEGAL DESCRIPTION- REFERS TO LOTS 1-9, OF THE SUBDIVISION -BUT
THERE MUST BE A PROPER LEGAL DESCRIPTION -IT COULD BE
ATTACHED AS AN EXHIBIT A IF THE LEGAL DESCRIPTION IS LENGTHY.
2. INDICATION OF LANDS BENEFITTED BY THE COVENANTS -USUALLY
BENEFITS AND BURDENS APPLY TO ALL OF THE PROPERTY:
IN THIS CASE, THE DOCUMENT STATES AND THE REQUIREMENT IS
SATISFIED
:"The Property [previously defined as Lots 1-9 of the Highland Farms Subdivision] is the
land to be burdened and the land is to be benefited by the Covenants, Conditions and
Restrictions"—Further description of the land affected is found in a later paragraph on
Page 1.
3. INDICATION AS TO WHAT EXTENT THE COLORADO COMMON INTEREST
OWNERSHIP ACT APPLIES, IF AT ALL:
IN THIS CASE, THE DOCUMENT SETS OUT HOW THE ACT APPLIES AND THE
REQUIREMENT IS SATISFIED: "Declarant submits the real estate identified above to
the provisions of the Colorado Common Ownership Act, Sections 36-33.3-101 Colorado
Revised Statutes, ("Act"), as it may be amended from time to time. In the event the Act is
repealed, the Act, on the effective date of the Declaration, shall remain applicable."
4. A DESCRIPTION (CAN BE BY REFERENCE TO THE PLAT- OF THE
COMMON ELEMENTS (THOSE TO BE MAINTAINED BY THE OWNER'S
ASSOCIATION) SUCH AS ROADS, PATHS, OPEN SPACES AND
EASEMENTS:
IN THIS DOCUMENT, THERE IS A DEFINITION OF COMMON AREAS (P 2)
AND A DISCUSSION OF THE AMINTENANCE OF THE COMMON AREAS (PP 7-
8) The problem with the discussion is that it is not clear that the HOA is responsible for
everything to do with the internal roads. The only reference is to the requirement for
maintenance of"emergency access roads located in the open space".(I could not tell if the
roads were to become county maintained by reading the Improvements Agreement??)
But if the roads are to be maintained by the HOA, the roads to be maintained should be
identified by name. The reference to common areas would be further clarified by a
reference to the plat, which should be attached to this agreement as an exhibit.- That
would also solve the problem of the legal description.
5. DESCRIPTION OF THE COMMON EXPENSES SUCH AS ADMINISTRATION
AND INSURANCE AND FOR REPAIR, MAINTENANCE, REPLACEMENT OR
CONSTRUCTION OF COMMON ELEMENTS:
IN THIS CASE, THE DOCUMENT SETS OUT THE COMMON MAINTENANCE
COSTS AND THE REQUIREMENT IS SATISFIED:
All of the Common Maintenance Costs are set forth under 4.3 (PP 7-8) of the
document.
6. MEMBERSHIP AND VOTING: IN THIS CASE, THE DOCUMENT SETS OUT THE
VOTING RIGHTS OF OWNERS AND THE REQUIREMENT IS SATISFIED. Under
2.4 (P3) the document states that every record owner of a lot shall be a member. If there
are more than one owners of a lot all are members but they are limited to one vote per lot.
7. PROVISION FOR THE COLLECTION OF FUNDS TO PAY FOR COMMON
ELEMENTS:
IN THIS CASE, THE DOCUMENT SETS OUT HOW ASSESSMENTS WILL BE
COLLECTED AND THE REQUIREMENT IS SATISFIED: Under Section 3, (PP5-8)
the collection process is spelled out.
8. MEANS OF ENFORCEMENT AGAINST DELINQUENT PROPERTY OWNERS:
SEE #7
9. RIGHT TO FARM PROVISIONS:
THERE IS A RIGHT TO FARM PROVISION. Section 9 of the documents sets out the
Right to Farm provision.
10. PROVISIONS FOR AMENDING:
THRE IS A PROVISION FOR AMENDING AND RESTRICTIONS AGAINST
AMENDING THE RIGHT TO FARM CLAUSE AND THE OBLIGATION OF THE
ASSOCIATION/HOMEOWNERS TO MAINTAIN THE COMMON AREAS. Section
11.4 requires Weld County to approve such amendments.
11. PROVISIONS FOR AUTOMATIC RENEWAL AND TERMINATION:
SEE #10 In addition, the Agreement provides that in the event of the termination of the
Covenants (which will otherwise exist in perpetuity) the individual homeowners must
remain responsible for the maintenance of the common areas.(PP 19-20, Para 11.3-11.5)
12. PROPER EXECUTION BY RECORD TITLE OWNERS AT THE TIME OF
RECORDING (NEED TO MATCH EXACTLY NAMES ON DEEDS AND BE
CONSISTENT WITH INCORPORATION, IF APPLICABLE):
I t appears that the execution of the document is correct. There is a Statement of
Authority which has been recorded and the Manager of the LLC appears to have signed
correctly.
13. ACKNOWLEDGMENT IN ACCORDANCE WITH C.R.S. 38-35-101. THE FORM IS
IN THE STATUTE ON ACKNOWLEDGMENT FOLLOWED BY A TYPICAL
NOTARY ACKNOWLEDGMENT.
The form of this acknowledgment appears to conform to the statutory form.
August 31, 2010
Colorado Geological Survey
1313 Sherman St., Room 715
Denver, CO 80203
Greg Balmes
Balmes Homes Defined Benefit Program
6480 CR 5
Erie, CO 80516
Re: AMPF-1045 Vacated AG Lot
Dear Ms. Carlson,
In reviewing your letter of May 13, 2010 to Michelle Martin of the Weld
County Planning Department we find that we have done the soils analysis
and have determined that the ground is suitable for construction of single
family homes and structures suitable for agricultural purposes.
Also, a normal ISDS can be constructed due to the perculation tests/results
completed on surrounding properties.
Respectfully,
Greg Balmes
Balmes Homes Defined Benefit Program
August 31, 2010
Department of Natural Resources
Division of Wildlife
6060 Broadway
Denver, CO 80216
Greg Balmes
Balmes Homes Defined Benefit Program
6480 CR 5
Erie, CO 80516
Re: AMPF-1045 Vacated AG Lot
Dear Sir,
In reviewing your letter of May 17, 2010 to Michelle Martin of the Weld
County Planning Department we find that we are in compliance with the
criteria and suggestions that you have set forward. Seeding is and has been
done to a natural vegetation and if there are any prairie dog holes, they will
be dealt with in accordance with your directives.
Respectfully,
bi-eitto
Greg Balmes
Balmes Homes Defined Benefit Program
Certificate Of Taxes Due
Account Number R3940505 Certificate Number 32022
Parcel 146705201014 Order Number 25094408
Assessed To Vendor ID 14
BALMES HOMES LLC DEFINED BENEFIT LAND TITLE OF FT COLLINS
6480 COUNTY RD 5 772 WHALERS WAY STE 100
ERIE,CO 80516 FT COLLINS.CO 80525
Legal Description Situs Address
HFP OUTLOT A HIGHLAND FARMS
Year Charges Billed Payments Balancr
2009 Tax $18.19 $18.19 $0.0(
Grand Total Due as of 0 212 5/2 01 0 $0.0C
Tax Billed at 2009 Rates for Tax Area 2390-2390
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000' $3.87 AG-DRY FARM LAND $788 $230
SCHOOL DIST RE1J 46.2680000 $10.64 Total $788 $230
NORTHERN COLORADO WATER(NC 1.0000000 $0.23
MOUNTAIN VIEW FIRE 11.7470000 $2.70
HIGH PLAINS LIBRARY 3.2550000 $0.75
Taxes Billed 2009 79.0740000 $18.19
*Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED
PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1,REAL PROPERTY-
SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS,
THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number,personal property taxes,transfer tax or misc.tax
collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for
unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.
In witness whereof,I have hereunto set my hand and seal. ///JJJ
•
TREASURER,WELD COUNTY,John R.Lefebvre,Jr. f
1400 N. 17th Avenue
Greeley,CO 80631
Feb 25, 2010 8:35:48 AM Page 1 of 1
ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC
SCHOOL SITES
In accordance with the Intergovernm ntal Agreement Concerning Fair Contributions for Public School
Sites between_ (Weld County) and the St. Vrain Valley School District RE-1J, the
St. Vrain Valley•School District owledges that the applicable payments in-lieu of land dedication for
public school sites, as set forth below, has been paid by the person or entity and for the property
described, to be deposited into the Fair Contribution for Public School Sites Account.
Property address (if known):
Lot and Block Number: Vacn f{� -1r` AM Pf - CMS 1}�t
Name of Area or Development: elk Cl r{MS W cg 3 t/q ` wcj 52
Calculation of Fee Amount (Based on Type of Residential Dwelling)
Single Family @ $657 per unit
Date Paid:8 G/O Receipt Number: 3d30(93 Amount Paid: $ 6'S-7-CD
Feeder Area: (Acct. 769F0000/ / -2040000)
St. Vrain Valley School District RE-1J
By: (G6 1 (A / c
Authorized chool District Repres ve
(NOT VALID WITHOUT SCHOOL D STRICT SEAL)
aatAAQS - 6OJ RAJZs {AovS trAli/LCC) i* 29m'
Property O er(s) Name (please
print)
1
Prope y Ow er(s) Signature(s) (If paid by Owner)
Contractor's Name (please print)
Contractor's Signature (If paid by Contractor)
St VRAIN VALLEY SCHOOLS 323063
395 S.Pratt Pkwy. Longmont,CO 80501(303)776-6200•(303)449-4976 DATE S _ 62—7 O
RECEIVED FROM.../(l" 1 /��'L�
THE SUMO �y��Ndn lY"/', y e6C'en j /L4 DOLLARS $ 6 5-
FOR 7o9F600° n / -Ua2C� oD o
AMOUNT OF ACCOUNT $AMOUNT PAID $ 74144 '/e..
BALANCE DUE... .. $ BY () `�// p
El CASH 0 CHECK D M.O. ❑ CREDIT CARD ////'
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