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Rec. No. 1707004 Mort Ann Feuerstein, Recnr-'ar
RESOLUTION I -
WHEREAS, by Resolution adopted February 13, 1974, by the
Board of County Commissioners, Weld County, Colorado, the area de-
scribed as follows:
The North I of Section 8, Township 1 North, Range
` ' 68 West of the sixth Principal Meridian, containing
in all 336. 25 acres, more or less, and subject to
all easements, roads, and rights of way existing or
of record,
was changed from "A" Agricultural District to "E" Estates District, Planned
Unit Development, with certain conditions, and
WHEREAS, it has now come to the attention of the Board that said
conditions have not been complied with, including the condition imposed that
made it manditory for the Petitioner to proceed with due diligence to begin
development of the area rezoned within a period of twelve (12) months, which
period was extended for an additional six (6) months or to and until July 30,
1975; otherwise, the County would take action to rezone the property to its
former classification, and
WHEREAS, Petitioner has requested that the present zoning be
extended for an additional period of time, due to problems peculiar to the
premises, and
WHEREAS, the Board has reviewed the facts and circumstances
surrounding the delay in the matter, and
WHEREAS, the Board being fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that the request of the petitioner
of the hereinabove zoned land, be, and it hereby is granted.
BE IT FURTHER RESOLVED, that the present zoning of "E"
Estates District, Planned Unit Development, be extended to September 1, 1975,
on condition that the owner of owners of the land proceed with due diligence to
effect development of the area so rezoned; otherwise, the Board may, for good
cause shown, on its own motion, revert the area to its original zoning.
Dated this 25thday of June, A, D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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FRaDC21c;< L. G3\$G.RG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222
AREA CODE (303) 7686474
'iT COLORADO
June 20, 1975 w it 0.- WELD f Ss.
t.ia Clerk of the oard
ir. Mark Klauber , iv Commissioners
Attorney at Law �uN 2 4 1975
2141 So. 14th Street
Boulder, Colorado 80302
,TY CLERK AND RECORDER
Re: Park Land Estates By _Deputy
Dear Mr. Klauber:
On June 10, 1975 we wrote to you as the attorney for the Town of
Erie, and requested that we be permitted to appear before your next
regular town meeting, and also a meeting prior to such time to es-
tablish a procedure for resolving the Erie-Park Land Estates water
problem.
Approximatley ten days have now elapsed, and no response has been
received from either yourself or from the Erie Town Council , to whom
we sent a copy of our June 10 letter.
We are again requesting that either you or a representative of Erie
meet with us and our engineers for the purpose of discussing an ar-
rangement pertaining to water in the Park Land Estates project, in
order that we may be able to show satisfactory progress to the Weld
County Commissioners. Please give this matter your immediate at-
tention.
Very truly yours,
Frederick L. Ginsberg
FLG/cn
cc: Mrs. Doris McFeeters
Mr. Glenn Billings, Weld County Commissioners
�. . • •
FREDERICK L. GINSBERG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222
AREA CooE (303) 758-6474
June 10, 1975
Mr. Mark Klauber
Attorney at Law
2141 So. 14th Street
Boulder, Colorado 80302
Re: Town of Erie - Park Land Estates
Dear Mr. Klauber:
At this time it seems we will again try to formulate an arrangement
between the Town of Erie and Park Land Estates concerning the water
system for the Park Land project. Since the Town of Erie really has
not got the capacity to increase its storage, there is little likeli-
hood that acquisition of water would help solve the problem for my
client. However, it might be that an arrangement could be concluded
which would allow the Town of Erie to manage the water system to be
installed by my client. Perhaps, a reasonable monthly fee could be
paid the Town for this function, and sometime at a later date when
the Town is able to supply water to this development, the parties
could then arrange for such a supply to occur. But, in the interim,
it would be practical to permit the water system to be under the Town's
control by virtue of a management contract. In any event this would
obviate the necessity of my client having to be concerned with the
actual maintenance and operation of the system. Secondly, by per-
mitting the Town the management of this system, it would allow the
parties to develop a working relationship and live as good neighbors.
We would appreciate the opportunity to appear at your next regular
Town meeting for the purpose of discussing the suggestion that I have
given to you in the above paragraph. And, if it is necessary, we
would be happy to meet with the Town or its representatives prior to
such meeting so that we might possibly develop an outline as to what
procedure could be employed to develop a working arrangement between
the Town of Erie and Park Land Estates.
Another matter I wish to call to your attention is the fact that I
have only visited with Ray & Associates on one occasion, and that was
only for approximately one half hour. Moreover, neither I nor my
clients have had any contact with Ray & Associates in the past six
months. Accordingly, the bill which the Town of Erie believes we owe
Mr. Mark Klauber
June 10, 1975
Page Two.
is a matter between the Town of and Ray & Associates. The letter
from Ray & Associates which I presented to the Commissioners makes
it clear that Ray & Associates was acting for and on behalf of the
Town in doing work in connection with Park Land Estates, and not at
the request of either myself or any other member of Park Land Estates,
Inc. I would therefore appreciate it if this could be put to rest
once and for all so that there are no further allegations by either
the Town or yourself that the bill is owed by Park Land.
We will await to hear from you in this matter and hopefully, it can
be resolved to the mutual satisfaction of all parties concerned. In
any event we do wish to appear before the Town council between now and
its meeting early in July to either conclude an arrangement; or, de-
finitely determine that an arrangement cannot be concluded with respect
to supplying water to the Park Land project. The requirement that we
attempt an agreement with Erie was one imposed by the Weld County
Commissioners for the purpose of making sure that there would be no
difficulties with the water and/or sewer system in the Park Land
Estates project once it was totally built. However, the sole issue
before the Commissioners at this time is to complete the final plat-
ting of the subdivision.
the zoning as we all know is a fait accompli. Therefore, if the Town
of Erie cannot find its way clear to execute an agreement for the supply
of water to the project, then we would think it only fair that the Town
apprises us of this fact, and then we can proceed with our platting.
The notes which we have carefully taken during each of the Town Council
meetings which we have attended show clearly an indecisiveness on the
part of the Town of Erie. We can understand this insofar as Erie is
a very small municipality, and it more than likely does not wish to
undertake making promises which it knows it would be unable to perform.
I believe in light of this that our suggestion that Erie become the manager
of the water system probably makes more sense than either the Town pur-
chasing, or Park Land Estates undertaking to supply water to the Town,
which in turn would be used in the Park Land Estates project. In any
event we wish you to know that we are ready, willing and able at any
time to meet with the Town's representatives either now or at its next
Mr. Mark Klauber
June 10, 1975
Page Three
scheduled meeting at the beginning of July to openly discuss and re-
solve this matter. I will await to hear your further disposition in
regard to this request.
Thank you again for your assistance.
Very truly yours,
Frederick L. Ginsberg
FLG/cn
cc: Mr. William Lawley, Mayor, ProTem
Town of Erie, Colorado
• •
FREDERICK L. GINSBERG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222
AREA CODE (303) 168-6414
June 10, 1975
VTN Colorado, Inc.
2600 South Parker Rd.
Parker Place 4
Denver, Colorado 80232
Attn: Mr. Al Schmidt, Exec. Vice-President
Re: Park Land Estates
Dear Al :
Last week I appeared before the Weld County Commissioners for the pur-
pose of trying to get the Commissioners to expedite the final plat
relative to the above matter. At that same meeting several of your
representatives were present.
It is now time to complete the final plat for this project. I wish
to make it clear the plat must conform absolutely, without any devia-
tion whatsoever, to the Weld County Regulations pertaining to plats
of this nature. Moreover, the canal which traverses the plat must have
sufficient clearance on either side to permit a dragline operation
for purposes of cleaning. In this regard I suggest you obtain a letter
from at least two contractors who would be familiar with this type
of operation stating that the clearance you have provided on the plat
is more than sufficient to permit the maneuverability of machinery
in the event a dragline operation becomes necessary.
The airplane landing strip cannot cross the canal in question. It must
stop short of the canal so that we are not placed in the position of
having to request permission from the owners of the canal to make a
crossing thereof.
In this same vein I would point out there is a small lateral ditch
which crosses the property of our client and services a farmer lying
adjacent to the Park Land Estates development. The plat should be
specific in permitting an ample easement to permit the person using
the lateral ditch to clean, maintain and do whatever is necessary in
connection with that particular lateral. The records should be checked
411
VTN Colorado, Inc.
June 10, 1975
Page Two.
to see if either the lateral is already in the form of an easement
in favor of the user, or whether his use is simply by adverse pos-
session. Once the information is available, I would appreciate a
call from your office at which time I can help in the preparation
of what language should be put on the plat.
In view of the exingency of this case, it is my hope that the final
plat can be completed no later than June 27, 1975. By completion I
mean that everything on the plat conforms to the Weld County Regu-
lations covering this type of a plat, which would necessarily mean
that meetings would already have been held with the Weld County
Planning Department and the members of the ditch company, etc. to
provide for all matters of mutual concern.
Please feel free to contact me should you need any further assistance
prior to the time of completing the final plat.
Thanks again for giving this matter your personal attention.
Very truly yours,
Frederick L. Ginsberg
FLG/cn
cc: Mrs. Doris McFeeters
Mr. Glenn Billings
• •
FREDERICK L. GINSBERG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222
AREA CODE (909) 758.5474
June 9, 1975
Board of County Commissioners
Weld County Commissioners
17th Ave. and 16th Street
P.O. Box 758
Greeley, Colorado 80631
Attn: Mr. Glenn Billings, Chairman
Re: Park Land Estates, Inc. - Final Plat
Dear Mr. Chairman:
Permit me to reiterate in these few lines several statements which I
made on behalf of my client, Park Land Estates, Inc. at a meeting which
was held on June 4, 1975 in the presence of yourself and the other two
Weld County Commissioners.
To begin with the plat in this matter, as we all know, is the issue be-
fore the Commissioners at this time. The land in question has heretofore
been zoned, and platting was to have been granted subject to the normal
requirements for the platting being completed by Park Land Estates, Inc.
as well as (a) an agreement being entered into with the Erie Water and
Sanitation District for sewer service to this project, and also (b) an
agreement being entered into with the town of Erie for the supply of water
to this project. The agreement for sewer has been executed by the parties,
anda copy is in your possession.
Second, it appears from all accounts given the Town of Erie cannot at
this time supply water service to the Park Land Estates property because
the Town does not have sufficient storage capacity to permit it to ac-
quire additional water. Third, the Park Land Estates project is located
more than one mile from the Town, and there would be little economic
sense in the Town acquiring additional water to service only 90± sites .
Moreover, the general mood of the Erie Town Council seems to be one in
favor of isolationism instead of expansionism. My observations in the
latter regard are predicated upon the fact that on more than one occasion,
we have attended meetings in hopes of being able to arrive at an under-
1 .
•
Board of County Commissioners
June 9, 1975
Page Two.
standing which would be mutually acceptable to the parties. We have
submitted agreements for review, and in three instances that I can
readily recall , not only were the instruments not reviewed, but the
Town Council was unable to muster a quorum.
The plain fact is that the Park Land Estates project cannot comply with
the requirement that it achieve a working agreement for water with the
Town of Erie. I enclose herewith a copy of a letter which I sent to the
Town attorney. This is probably the fifth or sixth letter which has
been sent to the Town with regard to our entering into an agreement for
water service. The best it would appear anyone can hope for is an ar-
rangement whereby the Town of Erie would manage the water system in-
stalled by the Park Land Estates project. Under such an arrangement,
it would be unnecessary for any type of district to be formed by Park
Land Estates.
The Weld County Commissoners saw fit to grant an additional 90 days
during which the parties were to meet and attempt to resolve the pos-
sibility of an agreement being negotiated for water service. It is per-
haps a better idea that we attempt to formulate an agreement which per-
mits management of the water system by the Town. This would obviate
the necessity for the Town having to increase its storage capacity,
and also for either the Town and/or Park Land Estates to acquire ad-
ditional water at this time.
All indications would lead one to believe the real problem with this
project is the fact that the Park Land Estates owners desire to main-
tain their own private air park. The consternation of the people in
this area of Weld County seems more than anything to resolve around this
issue. However, the Weld County Commissioners did grant the proper
zoning allowing the land to be used for single family residential ,
and also for a privately owned air park. Therefore, the only issue
remaining before the Commissioners is the completion of the final plat.
Once this occurs, the project can be constructed. The only objections
that can be raised by anybody to the completion of the final plat would
have to be those which necessarily deal with a failure by Park Land
Estates to comply with the platting requirements of Weld County. I be-
lieve that so long as the water system and the quality of water, together
with the amount of water comply with state and federal regulations, then
the platting is in order. Any issues which are raised that do not deal
with the regulations covering the platting would of necessity have to
be those objections which were already overruled at the time zoning was
granted.
•
0 •
Board of County Commissioners
June 9, 1975
Page Three.
I have also enclosed for your file a copy of a letter which was sent
to VTN Colorado, Inc. which is the engineering firm representing the
Park Land project. You will note from the contents of the letter that
these engineers are being instructed to comply with the Weld County
platting regulations.
As soon as we have our next meeting with the town of Erie, I will again
advise you of the outcome of such meeting.
Please feel free to contact me if there is any other information which
the Commissioners might require in connection with this matter. I would
also appreciate a written confirmation from the Commissioners as to what
method will be employed to extend the time allowed for commencement of
construction so as to avoid a reversion of the zoning. The time period
of 90 days goes beyond the date by which construction must be commenced
under the last extension granted by the Commissioners.
Thank you again for all of your assistance in this matter.
1red---
truly �yoouurs,
erick L. Ginsberg
FLG/cn
enclosures
cc: Mrs. Doris McFeeters
ERIEVATER & SANITATION DISTT
P. O. BM 386
Erie, Colorado 80516
STATE OF COLORADO
COUNTY OF WELD f 4S'
Flied w,t i the U_rk of the coat d
of County Comm ssioners
JUIV 4 5
May 30, 1975 COUNTY ctr9N AND CecnwoNP
By— ---_.._Deputy
Parkland Estates, Inc.
Gentlemen:
Please be advised that as of this date, all accounts
due to the Erie Water and Sanitation District are paid.
If we can be of further assistance, please feel free
to call on us.
Yours truly,
' Steve Melick
President
SM:cb
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• •
FREDERICK L. GINSBERG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222 _
AREA CODE (309) 768-6474 ThII r rC L(-7 ( ' Ll%
s r f
May 23, 1975
Commissioner Victor Jaccobuci I
County Commissioners Office
Weld County
17th Ave. and 16th St. °y
P.O. Box 758
Greeley, Colorado 80631
Re: Town of Erie - Park Land Estates Plat
Dear Commissioner Jaccobuci :
Enclosed herewith you will find a copy of the respective covenants which
Park Land Estates proposes to file of record in connection with the
plat for which it is seeking approval from the Weld County Commissioners.
I also point out to you there are additional enclosures covering the af-
firmation that no money is owed by Park Land Estates, Inc. to either the
engineering firm of Ray and Associates or to the Erie Water and Sanitation
District. These affirmations are such that they should be sufficient to
offset claims made by the town of Erie to the contrary.
We are requesting that this plat be heard by the Commissioners as soon as
possible, especially in light of the fact that we have been able to obtain
a satisfactory agreement with Erie Water and Sanitation District covering
sewer service to the Park Land Estates property. It is virtually im-
possible to obtain a similar agreement from the Town of Erie coveirng
the water. I believe you as well as some of the other Commissioners
have said on several occasions that the Town of Erie has neither the
facilities nor the water which could make it feasible to supply water to
the Park Land Estates project at this time. Park Land Estates has pre-
viously attempted to work an arrangement with Erie which would provide
for water, but all in vain. I would appreciate an early response re-
garding this request.
Thank you very much for all of the help that you have given to us in this
matter.
V y trul yours,
reder ck L. Ginsberg
FLG/cn
cc: Doris McFeeters
cc: Mark R. Klauber
• •
RESTRICTIVE COVENANTS FOR
PARK LAND ESTATES OF WELD COUNTY
A planned unit development (P.U.D) consisting of the North 2, Section 8,
Township 1 North, Range 68W of 6th P.M. , Weld County, Colorado.
DEDICATION AND INTENT. The Park Land Associates (P.L.A. ) , a group of
airplane enthusiasts, having pooled their money, talent and considerable
effort, have planned and created an exclusive residential community -
the Park Land Estates (P.L.E. ) consisting of dwelling sites having taxi
easements radiating to a unique common real property area of joint owner-
ship and responsibility consisting of approximately 40 acres dedicated to
the use of and for their aircraft and that of their guests.
Further, the P.L.A. not wishing or intending to cause a noise or hazard
nuisance to either the public or to its own people do agree to limit any
and all aircraft to be based on the P.L.E. to the light aircraft standards
as defined by the Federal Aviation Administration (F.A.A. ) Also, all such
based aircraft shall comply with any and all regulations as enforced by
the F.A.A. and the Environmental Protection Agency (E.P.A. ) as empowered
by the 92nd Congress in the Noise Control Act of 1972.
RESTRICTIVE COVENANT AGREEMENT. All lot owners in the P.L.E.-P.U.D. shall
be members of Park Land Estates, Inc. a Colorado non profit corporation,
and shall be governed by these rules.
COMMON REAL PROPERTY PURPOSE. Property jointly owned with equal privileges
and responsibilities by all members of the P.L.A. and dedicated toward
their pursuit of recreational sport flying and related activities.
CONTENTS. Approximately 40 acres consisting of a runway with its necessary
clear areas to be built to F.A.A. utility aircraft standards.
A tie down, hangar building area for the exclusive use of all P.L.A. mem-
bers and guests aircraft storage and display. Additional improvements
to be included within this area may consist of, but not be limited to
club house building, maintenance equipment and storage building, under-
ground gasoline storage and parking area for autos.
An open area of approximately 4 acres dedicated for picnic activities,
recreational sport activities (tennis, swimming, etc. ) and similar common
areas.
RESPONSIBILITIES. The P.L.A. shall be solely responsible for all maintenance,
taxes and improvements. Internal governing by-laws necessary for a demo-
cratic use of these premises shall be the responsibility of the P.L.A.
trustees, their successors or duly appointed officials.
ARCHITECTURAL CONTROL COMMITTEE. There will be an Architectural Control
Committee (A.C.C. ) as appointed by the P.L.A. trustees or as appointed
by their successors after the time the trust is dissolved.
Each A.C.C. member will serve a term of 3 years, beginning on the date that
he received and accepted appointment to serve.
In the event of the death, inability or refusal to act of any of the ACC
members, the trustees (or their successors, if the trust has expired)
may appoint a substitute ACC member; and such ACC member shall thereupon
succeed to all the rights and duties of his predecessor.
ACTION BY COMMITTEE. The ACC may provide rules governing its procedures
pertaining to a quorum, application forms, posting of notices and similar
matters. It is expressly provided that any person acting pursuant to an
instrument in writing signed by one or more members of the ACC and by its
terms purporting to reflect a duly authorized action of the ACC shall be
duly protected in the premises and shall not thereafter be enjoined, re-
strained, hindered, delayed or penalized in such regard.
Any member may appeal any decision or action of the ACC to the PLA trustees
or their successors. Any decision or action of the PLA directors is final .
Enforcement shall be by proceedings at law or in equity against any person
or persons violating any covenant to restrain violations or to recover
damages.
SEVERABILITY. Invalidation of any one of these covenants by judgement
or court order shall in no way effect the validity of any other provisions,
which will remain in full force and effect.
SUBDIVISION. No lot owner may subdivide his property until after June 6,
2003.
AIRCRAFT STANDARDS. Each aircraft operator shall abide by all rules, regu-
lations, and standards set forth by the PLA trustees or successors concerning
the same operation in or near the PLA subdivision.
It is not the intent or purpose of the PLA to create or condone a com-
mercial aircraft environment but rather aviation of a private or sport
nature. Crop dusting, flight instruction for profit, commercial aircraft
activities and/or maintenance for profit will not be allowed on the PLA
subdivision.
No visiting aircraft will be allowed to remain anywhere on the PLA sub-
division for an accumulated period in excess of 10 days during any 12 month
period without written permission from the PLA trustees or successors.
Except for visiting aircraft, no member shall supply parking space for any
aircraft which is not owned (at least 4th) by a PLA member of a member of
his immediate family.
-2-
No PLA member nor the Board of Directors shall knowingly allow any visiting
aircraft to be anywhere on the PLA PUD until the aircraft operator responsible
for the liability of the aircraft has signed a liability release and has
filed it with the PLA directors. This liability release shall release all
PLA members, directors and association, individually and collectively from
liability of any kind for the aircraft, any and all occupants and contents
while any or all of these are on PLA subdivision common real property.
LAND USE. MAINTENANCE OF PREMISES.
1. No plot shall be used for any type of storage of house trailers, trucks,
machinery, heavy equipment, goods, wares, merchandise, material , rock, gravel ,
sand, earth or the like except for the storage of such materials in connection
with the construction of the improvements.
2. No trash or other refuse may be thrown, disposited or dumped on any lot
or PLA property. Each lot shall be kept in a sanitary and sightly condition
at all times. If the lot owner does not comply, the lot will be cleaned by
order of the PLA directors at the owner's expense, excessive growth of weeds
is unsightly.
3. No noxious or offensive trade or activity shall be conducted as to become
an annoyance or nuisance to the neighborhood, or that could depress property
security and value.
LAND USE. RESTRICTION AND LIMITATIONS.
1. Subject to FAA rules and regulations, outside aerials or antennas, such
as TV, amateur, FM, CB radio, communications etc. must be approved by the ACC
before erection.
2. Antennas must also meet FCC and FAA requirements for lighting and height.
3. No trees may be planted of a species where they potentially would grow
to a height contrary to FAA recommendations in regards to the safety of the
normal traffic pattern.
4. Overnight parking of vehicles of any type will not be permitted on streets
or roadways.
5. No partial vehicle, part from a vehicle, vehicle under construction or re-
pair, damaged aircraft or no operable vehicles shall be stored or parked in
the open or plan view at any time. Exceptions will be for displays only
and permission must be in writing from the trustees or successors.
6. Only currently airworthy aircraft and operable vehicles (including utility
vehicles with current licenses and state inspection stickers (if required)
will be allowed to park in the open).
7. No vehicle other than aircraft or airpark maintenance vehicles shall be
operated or parked on taxiways or runways at any time.
-3-
8. Illumination of any plot must be installed so as not to distract or
annoy adjoining property owners or traffic on roadways, runways and taxi-
wyas.
9. ACC may, upon investigation, require the owner to alter illumination
sources to eliminate a light nuisance.
10. No sign of any kind shall be displayed to the public view on any
plot except:
A. A professional sign or not more than 1 square foot.
B. A sign of not more than 5 square feet advertising the property
for sale or rent.
C. A house street number not exceeding 2 square feet in size.
D. A sign naming who the residents are and not exceeding 1 square
foot per resident.
E. Neither neon signs nor signs of a flashing or animated nature will
be allowed.
11. Fences will not be allowed within any of the aircraft taxi easements
as recorded on the PLE plat.
Any and all fences must be approved by the ACC prior to erection.
SAFETY MEASURES. Except for heating, cooking and cleaning purposes, no
flammable liquid may be stored above ground in any container exceeding 5
gallon capacity, outside of a structure.
LAND USE. LIVESTOCK AND PETS.
1. Pets and animals may be kept on the owners lot as long as the owner
maintains and restricts them such that they present no safety or health
hazard or nuisance to neighbors or aircraft operations. Safety, health
hazard or nuisances includes but is not limited to insects, noise and smell .
Unleased animals or pets within any of the airpark real property or taxi-
way will be considered a safety hazard. Caution is stressed toward such
practice as the aircraft shall at all times have the right of way within
these areas. Complaints from other members shall result in a hearing be-
fore the ACC. If the ACC decides that any or all animals shall be removed
from the members lot, the member shall remove the specified animals within
ten days of the decision.
2. Normally only three major animals (80 pounds or more) will be allowed
on any lot.
3. More than three major animals may be allowed by the ACC provided that
in their opinion the animals will be properly cared for and will not con-
stitute a nuisance of any kind to any part of the balance of the community.
-4-
•
4. The raising of livestock for commercial gain is to be discourgaged
as this is primarily a residential community. Such practice will not be
a basis for exceeding the normal limit of three major animals if, in the
judgment of the ACC, the increase in number will result in a nuisance to
neighboring lot owners.
5. Care of all animals and household pets must be in a manner consistant
with good animal husbandry.
STRUCTURES. Temporary residence facilities will be governed by Weld County
regulations.
No strucutre, addition thereto, or modifications thereof shall be started,
palced, erected, installed or completed without written approval of the ACC
and the proper Weld County permit.
Two sets of plans which clearly illustrate all proposed structures location,
layout and standards of construction shall be submitted to the ACC, one
set shall be returned to the member submitting, with the comments of the ACC
attached thereto. The other set shall be retained by the ACC for use in in-
spection of the structure by members of the ACC.
Should the ACC fail to approve or disapprove said plans within ten days
after submission, then such approval will not be required and the require-
ments of these covenants will be deemed to have been met. The member will
allow the ACC to inspect the structure at any reasonable time during con-
struction as often as deemed necessary by the ACC.
It is not the purpose of PLA to restrict the style of architecture or the
type of materials to be used in building construction. It is anticipated
that there will be a great variation in these areas. However, structures
such as unattractive pole barns or hangars, unfinished corrugated sheet
metal siding and/or roofing and other materials and methods comparable to
these will not be allowed.
No residence or building shall be erected such that any part is within 50
feet of any street or 30 feet from any lot line or taxiway easement.
Special eases will be considered where the owner shows that hardship is
created by peculiar lot geometry, and subject also to any variance require-
ment imposed by Weld County regulation.
The exterior of any building shall be completed within one year after founda-
tion work is begun. The ACC will be notified as to the begin date prior to
commencing construction.
Any residence having a maximum of 2 stories shall have a minium "main living
floor area" of 1200 square feet. "Main living floor area" excludes any
patio, proch, attic, garage, hangar, breezeway, workshop, basement or similar
except any basement having at least 40% of its average interior wall height
above grade may be considered "main living area" provided this area is
finished to livable standards.
-5-
• S
Total height of any structure, exclusive of chimneys, will not be more
than twenty five feet above the finish grade. Finish grade shall not ex-
ceed more than two feet above existing natural grade unless additional
grading is proven to be necessary for proper drainage.
No outbuilding of more than 2,500 sq. ft. may be constructed on any lot.
Open faced structures shall be screened by fences or plantings in such a
way that they do not present an objectionable view from the street or ad-
jacent sites.
No part of any building or structure shall be within any aircraft easement,
or within a distance from the runway which would conflict with FAA recom-
mendations.
These covenants run with the land and shall be binding on all persons
claiming under them for a period of two years from the date of recording,
after which time said covenants shall be automatically extended for suc-
cessive periods of five years unless there is executed an instrument
signed by a majority of the then owners of the plots, agreeing to change
said covenants in whole or in part.
-6-
ST TE OF COLORPC�
t coum-re C"r WELD ,,. rd
t, c. Mute. o� , Land Us .ester Plans
"'�o « Comm's`"" - Water and Sewer Willy Design
of Cou+1ty Geologic-Hydrologic Studies
juN 4 ' 5 Feasibility Studies
Municipal Planning
E ,DER 1.� -7,-----..\ Gm Engineering
\)
` Ku CKE4K.M-R - DODU+I f `• .
Y -- Ray �+ A .�;crates,Inc.
• /"mot 2oul eearl o a
�� Boulder,Goicradc 30301
�--- ---"N ...J\--__..../V 303/442-_:F •
• May 14 , 1975
File No. 552
Ms. Doris McFeeters
Parkland Associates
3953 Fuller Court
Boulder, Colorado \
Dear Ms. McFeeters :
Re: /Billing of Park Land Estates review to the Town of Erie.
My secretary informs me that you called recently to request
n itemized bill for any charges for our services to the Town of
7
rie relative to Park Land Estates . At the preach' tim.- , we nave
n outstanding account with the Town amounting to $1, 627 . 75 for
Various services performed at the express request of the Town
relative to your Park Land P .U .D. project. I have attached a
statement showing the cur . ≥nt charges against this account and
an itemization of these c..arges as they were incurred from(I March, 1973 to the present. i
It should be emphasized that this billing involves work and
ttendance at meetings specifically requested by the Erie Board I
f Trustees and/or the Erie Planning Commission and the services ,
t \ were performed for them and on their behalf . As far as we are \
concerned, these charges are due this firm from the Town and,
therefore , no billing has ever been mace to Park Land Associa,.es.
`± The method or source of funds user by the Town to pay this
obligation is not our business or concern. Our sole position
' relative to this account is that these chazjes were incurred Jar
the Town during their review and consideration of your project and
we are looking to the Town for payment.
I am informed that one of the conditions which the Town has
established prior to executing a water service contract with Park
Land is that you reimburse the Town for such expenses as have been
incurred by the Town in regard to this project. I would assume
that there are other expenses such as publication costs and legal
fees in addition to our charges, however, I am only aware of any
costs incurred by the Town with this firm.
/
• •
Ms . Doris McFeeters Page 2 .
May 14 , 1975
Ray & Associates does not wish to become involved in the
internal business affairs of either the Town of Erie or Park
Land Associates . If the Town is requesting reimbursement for
costs from Park Land, then Park Land should make payment directly
to the Town, if Park Land Associates chooses to do so. We
expect payment of our account directly from the Town regardless
of their disposition of a proposed contract with Park Land and
irrespective of any reimbursement payment to the Town for costs
incurred.
I hope the enclosed information is adequate for your needs.
However, if you have any questions , please do not hesitate to
contact me .
Veryyuly yours,^
Phillip W. Ray, P resident
PWR:yr
pc: Jim Redderson, Town Clerk, Erie
Mark Klauber, attny.
Herb A. Shatz, attny.
n
II Land Use is,
Plans
Water and Sewer Utility Design
Geologic-Hydrologic Studies
Feasibility Studies
Municipal Planning
Civil Engineering
Ray & Associates, Inc.
2950 Pearl Street
Boulder,Colorado 80301
Statement 303/442-3877
Date, May 14 , 1975 ProieciNo . 552
To' Town of Erie Protect Description:
Erie Park Land Estates Review
Colorado 80516
ITEMIZED STATEMENT
Week Ending 3/17/73
Review initial written material and preliminary plat
of Park Land Estates P .U.D. submitted to Erie
for review by Weld County. Prepare letter report
for Town of Erie Planning Commission. Attend work
session with Planning Commission.
Principal 8 .0 hrs @ $25 . 00 $ 200 . 00
Planner 4 .0 hrs @ $17 . 00 68 . 00
Engineer 8 . 0 hrs @ $17 .00 136 . 00
Associate 1 . 0 hr. @ $19 . 00 19 . 00
Typist 3 . 0 hrs @ $ 5 . 75 17 . 25
Sub Total $ 440 . 25
Week Ending 4/7/73
Discussion of Park Land Estates P.U.D. project
with Erie Planning Commission
Principal 2 .0 • hrs @ $25 .00 50 . 00
Sub Total $ 490. 25
Week Ending 4/28/73
Work session with joint meeting of Board of
Trustees & Erie Planning Commission re Park Land
Estates P .U.D .
Principal 2 .0 hrs @ $25.00 50 . 00
Sub Total $ 540 . 25
Week Ending 5/19/73
Attend public hearing of Erie Planning Commission re
Park Land Estates . Assist Planning Commission in
the preparation of response to Weld County Planning
Commission re Park Land Estates P .U.D.
Statement is due and payable upon receipt.Finance charge of 1'h%per month will be added to all balances 30 days past due.This is an
annual percentage rate of 18%.
• •
ITEMIZED STATEMENT (Continued) Page 2 .
Park Land Estates Review - #552
Principal 4 . 0 hrs @ $25 . 00 100 . 00
Planner 4 . 0 hrs @ $17 . 00 68 . 00
Engineer 2 . 0 hrs @ $17 . 00 34 . 00
Typist 3 . 0 hrs @ $ 5 . 75 17. 25
Sub Total $759 . 50
Week Ending 6/2/73
Meeting at Ray & Associates with VTN re Park Land
Estates Project and Erie Standards and
Requirements .
Principal 2 . 0 hrs @ $25 . 00 50 . 00
Planner 2 .0 hrs @ $17 . 00 34 . 00
Engineer 3 . 0 hrs @ $17 . 00 51. 00
Sub Total $894 . 50
Week Ending 6/23/73
Attend Planning Commission meeting on Park
Land Estates
Principal 1.25 hrs @ $25 . 00 31. 25
Sub Total $925. 75
Week Ending 10/6/73
Attend public hearing held by Erie Planning
Commission and Board of Trustees jointly re
Park Land. Assist Planning Commission in
preparation of a response to Weld County.
Principal 5. 5 hrs @ $25 . 00 137. 50
Engineer 5 . 5 hrs @ $17 . 00 93. 50
Engineer Aide 1 . 0 hrs @ $13 . 00 13. 00
Typist 2.0 hrs @ $ 5. 75 11. 50
Sub Total $1, 181. 25
Week Ending 11/10/73
Attend Weld County Planning Commission meeting
re Park Land Estates at request of Town of Erie
Principal 3 .5 hrs @ $25 . 00 87 . 50
Travel (50 mi. one way @ 10 /mile) 5 . 00
' Sub Total $1, 273 . 75
Week Ending 12/15/73
Attend Weld County Commissioners hearing re
Park Land Estates at request of Erie Board
of Trustees
Principal 3..0 . hrs @ $25 . 00 75 . 00
Sub Total $1,348 . 75
• •
ITEMIZED STATEMENT (Continued) Page 3 .
Park Land Estates Review — #552
Week Ending 12/22/73
Attend Erie Board of Trustees meeting re Park
Land Estates and report on results of Weld County
Commissioners hearing. Assist Town in
preparation of letter to Park Land Estates .
Principal 2 . 75 hrs @ $25 . 00 $ 68 . 75
Typist 3 .0 hrs @ $ 5 . 75 17 . 25
Sub Total $1, 434 . 75
Week Ending 7/6/74
Meeting with Town attorney re Park Land Estates
Principal 1 . 0 hr @ $25 . 00 25 . 00
Sub Total $1, 459 . 75
Week Ending 7/20/74
Meeting with Mayor of Erie, Town attorney and
representatives of Park Land Estates
Principal 2 .0 hrs @ $25 .00 50 . 00
Planner 2 .0 hrs @ $17 . 00 34 . 00
Sub Total $1, 543 . 75
Week Ending 7/27/74
Meeting with VTN re Park Land
Principal 2 .0 hrs @ $25 .00 50 . 00
Engineer 2 .0 hrs @ $17. 00 34. 00
Total Due $1, 627. 75
• MARK R. KLAUBER •
ATTORNEY AND COUNSELOR AT LAW
SUITE 3 - PROFESSIONAL BUILDING
2141 14TH STREET
BOULDER, COLORADO BO3O2
May 6, 1975
AREA CODE 303
TELEPHONE 442-340❑
Commissioner Victor Jacobucci
County Commissioners Office, Weld County ` c, rr oy�
17th Avenue and 16th Street
P. O. Box 758
Greeley, Colorado 80631 4
Re: Town of Erie
Parkland Estates matter \4e
Dear Commissioner Jacobucci:
Pursuant to our telephone conversations of May
2nd and this afternoon, May 6th, and as directed by the
Erie Board of Trustees at their meeting last evening,
May 5th, set forth below is a verbatim copy of the Motion
made, and passed unanimously by all four Trustees present,
as regards the proposed Parkland Estates development:
"Whereas at our Board Meeting of
April 7, 1975, in the discussion concern-
ing the proposed Parkland development, we
requested the following information:
1) Copy of the Certificate of Incorporation
for Parkland Estates, Inc. ; 2) Financial
statements or equivalent documents for the
Corporation and/or any principals involved
in the operation; and 3) the payment by
Parkland of the amount owing, to Ray and
Associates and/or the Erie Water and Sanita-
tion District, or sufficient evidence showing
monies are not so owed;
And whereas to the best information
and belief of the Board none of the above
criterior have been met by Parkland as of
this date;
Therefore, I now move that any matters
regarding proposed water service by the
Town of Erie to the Parkland Estate Group
or Corporation be tabled and set aside at
this time, and for future times, unless
-1-
. • •
and until the above pre-conditions are
met by Parkland, and unless and until an
agreement acceptable to this Board is
presented for Board consideration by a
recognized legal entity able to properly
contract;
And I further move that a copy of
this Motion, if passed this date by the
Board, be forwarded to the Weld County
Commissioners, for their information and
appropriate action."
As a courtesy to Mr. Ginsberg, and for his
further information, a copy of this letter is also this
date being mailed to him.
Very truly yours,
/L-4t ( -C---4-1
Mark R. Klauber
Cw;e 7----,,,a,, A rrv'MC/
MRK/ec
cc: Frederick L. Ginsberg
Attorney at Law
2040 South Oneida Street
Denver, Colorado 80222
Board of Trustees,
Town of Erie
Box 98
Erie, Colorado 80516
Attn: Jim Redderson, Town Clerk
-2-
FREDERICK L. GINSBERG
ATTORNEY AT LAW
2040 SOUTH ONEIDA STREET
DENVER, COLORADO 80222
AREA CODE (303) 758-6474
July 1 , 1975
Mr. Mark Klauber
Attorney at Law
2141 So. 14th Street
Boulder, Colorado 80302
Re: Park Land Estates
Dear Mr. Klauber:
Again we are writing to request that a meeting be held forthwith with
either yourself and/or representatives from the Town of Erie for the
purpose of negotiating an agreement to satisfy the requirements of the
Weld County Commissioners for some form of water service from Erie to
the Park Land Estates project.
We have on numerous occasions over the past thirty days repeatedly made
requests for a meeting in order to expedite this matter. No response
whatsoever has been received in either verbal or written form from
either the Town of Erie or yourself as the Town' s attorney. What is
it that we must do to cause the Town of Erie to at least give us some
response to our inquiries for negotiations?
In addition, and only last week, the newspapers and other media reported
the Town of Erie was without sufficient water to create ample pressure
during the course of a fire, thus frustrating efforts to fight the con-
flagration. If this be the case, then surely the Town of Erie should
have the courtesy of telling us that it is unable to supply water to
the Park Land Estates project. We have in prior communications sug-
gested that in light of Erie's inability to supply water, an agreement
could at least be concluded which would permit Erie to manage the water
system proposed for installation in the Park Land Estates project,
vis-a-vis wells and onsite storage. Therefore, will you please, please
arrange for a meeting, and if nothing else, attempt to get us a hearing
before the Town Council so that we may proceed in some orderly fashion
in the pursuit of this matter?
Thank you very much for your cooperation.
Very truly yours ,
Frederick L. Ginsberg
FLG/cn
cc: Mr. William Lawley, Mayor, ProTem
Mr. Glenn Billings, Chairman, Weld County Commissioners
LED in the office 0 Ih,: Secretary of
State of the Ste t3 of Colorado
AU
ARTICLES OF INCORPORATION
OF
PARKLAND ESTATES, INC.
KNOW ALL MEN BY THESE PRESENTS THAT WE, WAYNE BARTON, DEAN COCHRAN
and DORIS MCFEETERS, have associated ourselves together for the purpose
of becoming a body corporate and politic under and by virtue of the laws
of the State of Colorado and in accordance with the laws and provisions
of said State, we do hereby make, execute and acknowledge this certificate
in writing of our intention to become a body corporate and politic under
and by virtue of said laws.
FIRST: The name of the corporation is PARKLAND ESTATES, INC.
SECOND: The period of its duration is perpetual .
THIRD: The objects for which our corporation is formed are as
follows:
1 . To purchase, sell , lease, mortgage, encumber, manage, develop,
own and generally do all other things attendant to the ownership and dis-
position of real property.
2. To generally engage in the business of constructing, building,
erecting and improving real estate and all structures thereunto belonging
or related; to acquire by purchase, lease, devise, conveyance or other-
wise lands and interests in lands and to own, hold, improve, develop
and manage any real estate so acquired and to erect or cause to be erected
on any lands owned, held or occupied by our said corporation, buildings
or other structures with their appurtenances, and to rebuild, enlarge,
alter or improve any buildings or other structures now or hereafter erected
on any lands so owned, held or occupied, and to mortgage, sell , lease
or otherwise dispose of any lands or interests in lands and in buildings
or other structures, and any stores, shops, shopping areas, suites , rooms ,
apartments, or parts of any buildings or other structures at any time owned
or held by our said corporation.
3. To acquire by purchase, lease, devise or otherwise, personal
property, franchises, patents and chores in action; to own, manage,
control , use, sell , assign, mortgage, pledge and lease the same.
4. To borrow money for any and all of the objects and purposes
of our said corporation, and to execute and deliver notes, debentures,
bonds or other evidence of indebtedness, and to secure the payment of
the indebtedness of our corporation with mortgages, deeds of trust and/or
chattel mortgages, security agreements and financing statements.
5. To lend money to other persons or corporations and to borrow
money on their behalf and to act as a guarantor or surety for other
persons or corporations.
6. To have and to exercise all other powers necessary to do all
things requisite and proper in addition to those hereinabove set forth
for the purpose of carrying on and into effect all of the objects and
powers contemplated thereby, and to do any and all things for the ad-
vantage, advancement, profit and increase of the emoluments of our said
corporation, intending thereby for our said corporation to have as broad
a power as can be given to it without in any manner construing the objects
heretofore set forth as limitations, and intending thereby furthermore
to have the liability of the stockholders of our said corporation deter-
mined by the laws of the State of Colorado, notwithstanding the laws of
any other state to the contrary.
7. The foregoing clauses shall be construed as objects and powers ,
but no recitation, expressed or declared or specific or special powers
or purposes herein enumeraked shall be deemed to be exclusive, and it
is hereby expressly declared that all other laws and powers not inconsistent
herewith are hereby included.
FOURTH: The aggregate number of shares which the corporation shall
be authorized to issue is Forty Thousand (40,000) shares and the said
stock shall be without par value and, when issued for cash or in payment
•
-2-
• •
of property rights, shall be fully paid and non-assessable.
No stockholder shall transfer, alienate or in any way dispose of
stock of the corporation unless such stock shall first have been offered
for sale to the corporation. For a period of 60 days after said offer
is received from the stockholder desiring to dispose of his stock, the
corporation reserves and shall have the exclusive right and option to
purchase such stock at a price equal to the fair market value of said
stock computed as of the day said offer is received by the corporation.
After the expiration of such time, the stockholder, if the corporation
shall not have exercised its option to purchase such stock, shall be
obligated to offer his stock to the remaining stockholders in the cor-
poration for a purchase price equal to the fair market value of said
stock as of the day said offer is received by the remaining stockholders.
In all events , fair market value shall be computed by a certified public
accountant in accordance with the accounting principles then recognized
by the American Institute of Certified Public Accountants. The offer
to the remaining stockholders shall be open for acceptance for a period
of 90 days from the date upon which notice in writing setting forth said
offer is received by each stockholder. Notice setting forth an offer
to the corporation or to any stockholder shall be delivered by depositing
same in the United States mail , postage prepaid, certified, return receipt
requested, and addressed to the corporation c/o its then registered agent
or to each stockholder at the address shown for said stockholder in the
corporate stock registere as of the last business day of the corporation's
preceding fiscal or annual accounting year, as the case may be. Each re-
maining stockholder shall have the right to acquire from the stockholder
desiring to dispose of his stock, such amount of stock as is equal to the
percentage of ownership which the acquiring stockholder owns in the cor-
poration as of the date notice of said offer is received by the acquiring
stockholder.
-3-
FIFTH: Cumulative voting of shares of stock is not authorized.
SIXTH: The address of the initial registered office of the corpora-
tion is 3953 Fuller Court, Boulder, Colorado 80203, and the name of its
initial registered agent is Doris McFeeters.
SEVENTH: The address of the place of business is 3953 Fuller Court,
Boulder, Colorado 80203.
EIGHTH: The number of directors constituting the initial Board
of Directors of the corporation is three (3) and the names of addresses
of thepersons who are to serve as directors until the first annual meeting
of stockholders and until their successors are elected and shall qualify are:
NAME ADDRESS
WAYNE BARTON 11145 Cherokee, Northglenn, Colo. 80234
DEAN COCHRAN 255 Hemlock, Broomfield, Colo. 80020
DORIS MCFEETERS 3953 Fuller Ct. , Boulder, Colo. 80203
NINTH: The Board of Directors shall have the power to make such
prudential by-laws as they may deem proper for the management of the affairs
of our corporation and not inconsistent with the laws of the State, for
the purpose of carrying on all kinds of business within the objectives and
by-laws of our said corporation, and may alter, repeal or suspend the
by-laws or any of them, at their pleasure.
TENTH: The name and address of each incorporator is:
NAME ADDRESS
WAYNE BARTON 11145 Cherokee, Northglenn, Colo. 80234
DEAN COCHRAN 255 Hemlock, Broomfield, Colo. 80020
DORIS MCFEETERS 3953 Fuller Ct. , Boulder, Colo. 80203
`'
-4-
STATE OF COLORADO )
) ss.
COUNTY OF„DEfjVER )
I , /76:612,a .1 i. iCitk-V—), a Notary Public, hereby certify that
on the ii
,..,/,, day of . L.% = , 1975, personally appeared before me
WAYNE BARTON, and bei first duly sworn , severally declared that he is
one of the persons who signed the foregoing and attached document as in-
corporator and that the statements contained therein are true. 9
IN WWNESS� WHEREOF, I have hereunto set my hand and seal this / L
day of _ j(A1) (1 )) , 1975,.
My commission expires: /1 ' �O ����
l
C ' aLlel-6/ yeroti)
Notary Public
STATE OF COLORADO )
) ss .
COUNTY OF OE IVER ) '1
I, ,(1 (O.E A (IL. a Notary Public, hereby certify that
on the 1 ,L_, day o E4 uLL , , 1975, personally appeared before me
DEAN COCHRAN, and being first duly sworn, severally declared that he is
one of the persons who signed the foregoing and attached document as in-
corporator and that the statements contained therein are true.
IN �ITNES� WHEREOF, I have hereunto set my hand and seal this /,2 1
day of J y 11 }L , 1975.
My commission expires:(//,7 /(O1Y
7
�' - �
L (�Ltti'cF(isC/ ;'(' L'zl.:_
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
I, , Q (" ,(2 ' : /. 606,4 Notary Public, hereby certify that
on the /.,/ day of /1) , 1975, personally appeared before me
DORIS MCFEETERS, and teing first duly sworn, severally declared that she is
one of the persons who signed the foregoing and attached document as in-
corporator and that the statements contained therein are true. J
IN%ITNF$S WHEREOF, I have hereunto set my hand and seal this AZ\
day of (,�,'I�� i— , 1975. ( //��
My commission expires: ' �C,U /V
Notary Public
-5-
Iiilliiir
y MARK R. KLAUBER ,
ATTORNEY AND COUNSELOR AT LAW
SUITE 3 - PROFESSIONAL BUILDING
2141 14TH STREET
BOULDER, COLORADO B0302
! 3 AREA CODE 303
?'`till"Cl� 3), 1975 TELEPHONE 442-3400
� �• to
rw
'0
roard o r r'ounty roam is s ioncrs �. .' �
"Eld CoUntV J
O.2rthous . \ cv �••
;reclev, r'olorado 80631 t` '"
0-4
1ttenti on: commissioner Glen •
•
`lc: Park Land Fstates \\)4 .
roposcd development in Frie arca
-)ear Sir:
I have been instructed by the Fric Town
?oaru, as the Town 1ttorney for Frie, to write to
you re„;arding the status of the proposed. '.=:i.•kland
Istates subdivision to be located in the ;cneral
area of I•.r- ie, rolorado, but not at this ; oint
conti ;uous to the T'rie town boundaries .
ro date, following f xtended neotiations
with various counsel, representing "arkland, no
agreement acceptable • to the Town of Frie council
has as yet been reached as regards any contractual
obliation T ri€e would incur in furnishing.; water to
parkland. To the best knowledge of the roa.rd,
neither has any contract been finalized with the
Frig' Pater end Sanitation District, as concerns
the furnishing of sewer service to Parkland.
The Town has in addition incurred sub-
stantial engineering, legal and similar expenses
as regards this "arklana project, and so far this
amount, approximately :?1.,6Ut;.CO, has not been paid
by tarkland to T rie.
• 0
Until these matters are resolved, the Erie
Town Board is not able to recommend any affirmative
action by the t. eld ^.ounty Commissioners on any pend-
inj development plans which Parkland may at this
time have before the Commissioners .
Very truly yours ,
tee
Mark R. dauber
Erie Town Attorney
MRK/ec
cc : Town of Erie
Town Hall
Box 98
Erie, Colorado 30516
Attn : Jim Redderson, Town Clerk
�- l 7J 2r,-,/
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v� *T.*«�✓ti .wY / q�j-"—�dwr-2X "y `t<-Y /2-x'-1-1�«�-LG4�
�� L ' La-lam .w - ,„„Jef,n.lYi „etc_ �(;
t 4 /
4< fit,
L6)
A-)A-,_ 476i-ay , )11
-2-
. •
AGREEMENT
SUBDIVISION SERVICE CONTRACT
THIS AGREEMENT, made this llth day of November , 1974
by and between ERIE WATER AND SANITATION DISTRICT, a governmental
subdivision of the State of Colorado, Party of the First Part,
hereinafter called "Erie" and 17��?1-1„0/Up �Si+� T� s, .-Tines
T
fo!oC6 o C oC.j?bCa , jF1
Party of the Second Part, hereinafter called "Applicant" , WITNESSETH :
For and in consideration of the mutual covenants and agreements
nerein contained, IT IS AGREED :
1 . Application for Service :
Applicant hereby makes application for 92 single family
residential service connection (taps) to the sanitary sewer system
of Erie for service on the following described property situated
in the County of Weld , State of Colorado, to-wit:
• PARK LAND ESTATES , a subdivision of the North 1/2 of
Section 8 , Township 1 North , Range 68 West of the
6th P .M. , Weld County, Colorado
and Applicant agrees to submit a reproducible copy of the plat
thereof which has been adopted by Applicant and approved by the
County of Weld and all necessary governmental and regulatory
bodies and/or agencies from whom such approval is required.
2 . Erie agrees to furnish sanitary sewer service for single
family residential service connections (taps) within the bound-
aries of the property described in Paragraph 1 , not to exceed the
total of 92 connections, for which application has been made, upon
the following terms and conditions : •
a . Purchase of Service Connections (taps) :
It is understood and agreed by the Parties that
any expansion of service within or without the
District at this or any future time will require
substantial enlargement and expansion of the treat-
ment facilities of the District. That to accomplish
such expansion will require funds to be provided in
part by grants to be obtained. from the United States
of America through the Environmental Protection Agency
and in part by bonds to be authorized and issued by
the District. When Erie notifies Applicant in writing
that Erie has approvals from the Colorado Department
of Health and the Environmental Protection Agency (or
their successors in kind) that it is legally able to
do so , and necessary funds for enlargement and ex-
pansion have been authorized , approved and committed ,
it is agreed that Applicant may purchase and Erie
shall sell to the Applicant 92 single family , resi-
dential service connections (taps) to the system at
a price which shall be the current Plant Investment
fee (PIP) as established by the Board of Directors
of Erie at the date such tap, or taps, are purchased.
Applicant agrees , to pay to Erie within 20 days fol-
lowing receipt of such written notices from Erie , a
sum representing 10% of the then cost for the total
number of taps for which Application is made under
this Agreement based on the current Plant Investment
Fee of Erie. Such sum shall be deposited in escrow
• •
with Erie Bank contingent upon approval of Plat
by Weld County and all necessary governmental and
regulatory bodies and/or agencies from whom such
approval is required . Any income to be earned on
such fund so deposited in escrow shall remain the
property of Applicant until termination of escrow.
•Erie agrees , in event of increase in Plant Invest-
ment Fee charges, to give Notice thereof to Appli-
cant at least 30 days in advance of the date of
such increase so that Applicant will have the
right to appear before Erie and be heard regarding
such increase.
Applicant agrees that all taps for .which application
has been made will be purchased within a period of
five (5) years from the date of payment of the 10%
amount previously referred to herein, and further
agrees that Applicant will purchase a minimum of
said taps in accordance with a schedule to be
mutually agreed upon by- the parties at the time
said 10% is paid.
Any schedule will require the purchase of taps on a
reasonably equal basis during each of such (5) years .
As each tap is purchased , Applicant shall designate
the lot for which such tap shall be allotted which
allocation may not be changed without the prior
written consent of Erie, and at such time Erie shall
credit upon the then current Plant Investment Fee
an amount equal to 10% of the initial Plant Invest-
ment Fee deposit and charge the same against the
initial deposit previously advance by Applicant under
this Agreement. The balance of the Plant Investment
Fee so purchased shall be payable in cash upon such
purchase . If more than the minimum number of taps
are purchased by Applicant in any year, the excess
number of taps purchased in excess of the minimum shall
be applied by Erie against the minimum number of taps
required to be purchased in the succeeding year or
years. All taps purchased pursuant to the terms of
this agreement shall be placed in service within 6 months
after purchase.
In the event the minimum number of taps are not pur-
chased in each year and if the total number of taps
are not purchased within said five (5) year period and
if said taps are not placed in service within the
time specified , the obligation of Erie to provide such
taps shall termiate upon such default and any sums paid
hereunder by Applicant not previously credited to
actual purchases shall be retained by Erie as liquida-
ted damages for such default; or, in the alternative ,
if such purchased taps are not placed in service, Erie,
may at its option, commence monthly service charges
against said taps .
It is agreed by Applicant that the purpose of this
requirement for advance against purchase of taps and
the requirement for minimum purchases in each year and
a terminal requirement for purchase of all taps within
a five (5) year period and the requirement that taps
be placed in service is based upon financial require-
ments of the District to pay its necessary operating
expenses and funding of its .bonded indebtedness.
Erie , by this Agreement, will be obliged to a definite
portion of the total capacity of its system to the
Applicant at the time Applicant pays the 10% amount
•
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• •
about set forth and, therefore , must look to the
Applicant for performance of its financial obli-
gations . If there is default by Applicant, Erie
must be in a position to immediately recommit taps
to other Applicants who are in a position to
perfoLm.
b. Installation and extension of sewer lines and appur-
tenant facilities :
It is agreed, as a condition precedent to service,
that all service lines and appurtenant facilities
required to provide sanitary sewer service within
the boundaries of Applicant ' s property as herein-
above described and, all necessary outfall lines
and appurtenant facilities necessary to connect
with the lines of the District as presently engi-
neered, will be installed all in accordance with
design and specifications as fixed by the District.
Applicant agrees that the actual installation and
construction shall be performed by or under the
supervision and inspection by the District and all
its costs of engineering study, review, approval,
inspection and legal services together with all
costs of installation if installation shall be made
by the District, shall be at the cost of and paid
by Applicant.
•
Applicant shall furnish, at Applicant ' s expense , all
easements, rights of way , consent, permits , licenses
and other agreements, - completion and payment bonds ,
liability insurance for installation and construction
of sewer lines and appurtenant facilities prior to
commencement of construction. In the event it shall
be deemed necessary by the District to ' acquire ease-
ment or rights of way by the District through condem-
nation, or otherwise , applicant shall pay all condem-
• nation awards , interest, costs and expenses, including
attorney fees . Provided , District will make no such
expenditures for condemnation or otherwise until it
is able to provide the 92 taps in accordance with the
aforementioned approvals from the Colorado Department
of Health and the EPA.
Upon completion , approval and acceptance of the work
by the District, Applicant shall transfer all interest
and ownership in said lines and property lying outside
the boundaries of the subdivision to the District by
conveyance or other instruments as required by the
District, free and clear of all liens and encumbrances .
Upon conveva?icy and transfer of lines and facilities
to the District, the District shall assume all res-
ponsibility thereafter for all lines and property
lying outside the boundaries of the Subdivision, and
all cost and expense for operation and maintenance ,
provided , however , if initial construction and instal-
lation shall be done other than by the District itself,
the Applicant shall guarantee the lines and facilities
as installed against faulty workmanship and materials
to the District for a period of two (2) years and shall
during said period pay all costs and expenses of repair
or replacement of said lines and equipment and, at the
request of the District , furnish bond guaranteeing
said repair and replacement.
It is understood and agreed that all of the systems
subject of this Agreement shall be engineered to dis-
charge affluent into the treatment facilities of the
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District on a gravity-flow basis unless otherwise
agreed to by the District upon such terms and con-
ditions as the District may impose and require .
Completion of construction, inspection , approval
and acceptance by the District, transfer of lines
and facilities to the District, payment of all •
condemnation awards or easement acquisition costs,
construction costs and expenses required to be done
and paid by the Applicant are conditions precedent
to the obligation of the District to furnish and
provide sewer service.
In the event Applicant shall be required to pay
for easement acquisition and installation of outfall
and connection lines outside the boundaries of
Applicant ' s subdivision, and Erie requires that such
lines and facilities be oversized to permit the use
of these lines by the District to serve additional
lands and property in addition to the property of
the Applicant, Erie agrees to establish the cost of
such oversizing and to reduce this cost to a cost per
tap based upon the engineered capacity of the lines
and the system which such oversizing can reasonable
serve. Erie further agrees to impose a charge upon
Applicants on a per tap basis who may thereafter
request service from the District and connection to
such line, or lines equal to such unit tap cost and
during a period of 10 years from and after the date
of this Agreement but not thereafter to pay to
Applicant herein for its cost the amounts so collected
and received by Erie from such other applicants but,
in no event, more than the total cost of such over-
sizing advanced and paid by the Applicant herein.
c. All service provided under this Agreement shall be
subject to the monthly service charges and all rules
and regulations and all engineering and designing stan-
dards and requirements of the District which may be
in force from time to time . The Applicant shall at
all times , until Park Land Estates Subdivision shall •
be annexed to and become a part of the District,
maintain the lines and equipment within the Subdivi-
sion to the standards and requirements of the District
and , failing so to do, Erie may thereupon suspend or
terminate all service to said subdivision .
d. All provisions of this Agreement to the contrary not-
withstanding the obligation of the District to furnish
sewer service under this Agreement is limited by and
• subject to all orders , requirements and limitations
which may he imposed by Federal, State, County of any
other governmental or regulatory body or agency
having jurisdiction and control over the District and
the operation of its sanitary system.
e. Upon execution of 'this Agreement, or at such other
time or times as may be requested by Erie , Applicant
agrees to furnish to Erie the Following :
(1) A topographical survey of the property described
in this Agreement.
(2) County zoning maps , rules and regulations showing
subject property with reference thereto.
(3 ) Subdivision plat approved by appropriate regulation
agencies , together with requirements and conditions
fixed by such agencies for development and evidence of
the Applicants compliance or plan for compliance.
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(4 ) In the event the initial area to be served
under this Agreement shall not be the entire pro-
perty owned by Applicant as hereinabove described ,
Applicant shall furnish preliminary plats and plans
as developed by the-Applicant with reference to the
future total development of the entire property so
that prior to issuance of taps and initial installa-
tion of lines and facilities by the District, the
District may study and consider the total develop-
ment under this Agreement as it may relate to future
demands upon the District for service within the
entire development and the effect this may have,
presently and in the future, on the entire system of
Erie and its obligations in regard thereto.
It is understood and agreed that a request for infor-
mation as to future plans and developments of the
Applicant and the consideration of such plans by the
•
District in connection with its obligation to service
Applicant' s above described land under this Agreement
shall in no wise be construed as an agreement or
obligation of Erie to serve such other lands or area
• proposed by the Applicant for such future development.
All information required to be furnished to Erie by
•
Applicant shall be furnished at Applicant ' s expense .
f. Other terms, requirements and conditions :
(1) Once Erie receives the aforesaid approvals from
• the Colorado Department of Health and the EPA, Appli-
cant agrees that thereafter , whenever Erie requests
the annexation of the lands within the Subdivision
to the District that Applicant will promptly prepare
and file with the District, in form as may be required
by law, a petition for annexation and shall pay all
reasonable costs and expenses incurred by the District
in connection with such proceedings for annexation,
and on all conveyances and transfers to individual
property owners who may acquire ownership of or any
interest in lands within said Subdivision will make
the same subject to this requirement for annexation.
(2) The obligations of Erie to provide service under
this Agreement shall be subject to and contingent upon
an agreement between the Applicant and the Town of
Erie providing water service to Park Land Estates
Subdivision.
(3) This agreement is expressly subject to and con-
tingent upon approval of Applicant ' s Subdivision plat
by Weld County and all other regulatory agencies or
authorities within a period of 120 days from date the
aforesaid approvals are received by Erie from the
Colorado Department of Health and the EPA and completion
of construction necessary to provide the intended
service and connection to the existing lines of the
District. •
(4) All engineering and construction of the sewer
mains on the interior of Applicant ' s lands as well as
the engineering and construction of the outfall line
to Applicants subdivision shall be done by the District
with proceeds made available by Applicant under the
terms of this Agreement, provided , however, that the
District shall not be obligated to commence acquisition
of land and rights of way or construction until the
District has secured all necessary EPA, Colorado Depart-
ment. of Health , and all other necessary regulatory
approval required to permit service contemplated by this
agreement.
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3 . Time is expressly stated to be the essence of this Agreement
and any failure to perform the covenants and agreements herein agreed
to be performed, strictly and at the times limited, shall operate
as an immediate termination of this Agreement.
4 . This Agreement shall be binding upon and for the benefit
of the respective parties, their heirs, legal representatives,
successors and assigns , and shall be covenants running with the land
to be served as hereinabove described.
IN WITNESS WHEREOF, the Parties have executed this Agreement
the day and year first above written.
ERIE WATER & SANITATION DISTRICT
By
President
(Seal)
•
ATTEST:
•
/77
Secretary
�?Gr:1C.LG}rJ itiL=S, iG
By
•
•
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fh-nn-rt/ (7 2r�.'tenet
t rt of the Board
of County Comm,=sio�es
MAY 7 1974
•
f - Colorado cou NTY c j o PccoloyP
By Deputy
ENGINEERS ARCHITECTS PLANNERS 6875 EAST EVANS AVE. DENVER,COLORADO 80222 (303) 759-4271
May 2 , 1974 VTN 172 152 01
Mr. Richard L. Straub , P,E ,
Weld County Engineer
Weld County Court House
Ninth Avenue and Ninth Street
Greeley, Colorado 80631
Subject : Park Land Estates
Dear Richard;
Pursuant to our meeting yesterday, I would like to reiterate
some of the problem areas of the Park Land Estates project
which need to be resolved, VTN is currently proceeding with
preparation of the Final Plat and engineering drawings for
the total project and therefore needs resolution of these
various problems ,
The most critical problem area which is unanswered at this
time is the required street improvements , As I mentioned at
our meeting , the Park Land Associates would like to preserve
a rural , rustic approach to their development due to its low
density (92 lots on 336 acres) , large lots (2 , 5 acres minimum) ,
rural location, and sport airport with 75% of the individual
lots having taxi access to the runway and all lots having horse
stable rights . This type of development does not require the
normal curb , gutter, and sidewalk type of street improvement
of a tract home development , but an improved gravel road con-
struction which would fit the nature of the development desired
by the Associates ,
I might iterate that the developers are the future homeowners
and not someone who will walk away when the project is complete ,
You mentioned the future problem of homeowner complaints to the
County regarding unimproved roads , I think this can be handled
At.
• •
Mr . Richard L . Straub 2 May 2 , 1974
by a note on the plat that all roads will be privately owned
and maintained subject to utility and emergency vehicle access ,
In this way, any future homeowners not a part of the present
Park Land Associates will be aware of the road ownership and
maintenance status ,
Per our discussions and pending your approaching the County
Commissioners , I hope we can arrive at a solution to the
private road concept that will satisfy both county requirements
and the Park Land Estates concept . I would appreciate your
immediate attention to this matter so we may proceed with our
construction drawings and design,
The other problems we discussed were : (1) the status (collec-
tor or local) of Rue De Trust in regard to radius requirements
for a reverse curve needed to bypass an existing irrigation
ditch; (2) the storm drainage pipe required at Rue De Trust
being sized in conjunction with a low point in the street which
would carry the major storm over the road; (3) storm runoff
passing directly into the irrigation ditch,
Item No , 1 is a matter of definition of whether a 60-foot
right-of-way street can be considered a collector street ,
Pending a decision by the County, I will design the reverse
curve according to the local or collector standards ,
Item No , 2 is an engineering design problem that can be worked
out once a decision is made on carrying a major storm's runoff
over a road with pipes sized to carry minor storms underneath,
Item No, 3 is a problem involving the County and the attorneys
as to irrigation ditch rights over storm runoff,
I would appreciate the County ' s input on all three of these
items at this time in order to avoid problems down the road,
It was a pleasure to meet you and I am looking forward to work-
ing with you on this project , After you have had a chance to
review the County file on the project and to obtain some direc-
tion on the above mentioned problems , let us set up another
meeting to resolve these questions ,
Very truly yours ,
e truly ,
. A � /
R. Peter Fabry , P .E ,
Project Manager RPF/mso
cc : Mr . Wayne Barton
c/o Park Land Associates
V v'
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... (Nov. 4-74)
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PROFIT
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STATE - U�n y ¢/� INCORPORATION
MARY ESTILL BUCHANAN,
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( COUNTY CLERK&No 4E.Cci-' SECRETARY OF STATE
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