HomeMy WebLinkAbout20082283.tiff MEMORANDUM
• TO: Case File, PF-1130
wileDATE: June 16, 2008
COLORADO
FROM: Kim Ogle, Planning Manager
SUBJECT: Mackey Circle PUD
Landscape Plan Referral
This proposal is for a six lot Planned Unit Development(PUD)on approximately twenty-seven acres
and no open space component identified. In future applications, the Landscape Detail drawing
associated with the Final Plat drawing shall be prepared in accordance per Section 23-2-750.D of
the Weld County Code.
The proposed mail box location shall be located on site in an area that has adequate sight distance
from County Road 37; outside of the County right-of-way and the internal access to the PUD.
Evidence shall be provided to Weld County Department of Planning Services from the applicable
Post Office stating that this location meets their design standards and delivery requirements.
Should a single pedestal mail box not be the preferred standard, written evidence from the
applicable Post Office shall be provided stating the contrary.
The proposed school drop off/ pick up location shall be approved by the School District and the
Department of Public Works. Written evidence of compliance with their standards and requirements
• shall be submitted to the Department of Planning Services.
The applicant has submitted generic descriptive text concerning the site improvements. As
previously stated, additional information is required per Chapter 27 and Section 23-2-750.D of the
Weld County Code. The proposed mail box pedestal,on-site lighting,development sign,school bus
stop shall be identified and labeled on the Landscape Detail drawing associated with the Final Plat
drawing. A separate parcel shall be created for the site improvements as identified in this
discussion. It shall be noted that the Home Owners Association shall be responsible for
maintenance of and replacement of all site improvements as required.
An Improvements Agreement will be required for all non-transportation improvements associated
with this proposed residential development.
End memorandum.
• SERVICE,TEAMWORK,INTEGRIIY,QUALITY EXHIBIT
2008-2283 1
Weld County Planning Department
GREELEY OFFICE
�kt City of ON 24 7nnp
•1l�' Thornton RECEIVED
June 23, 2008
Weld County
Department of Planning Services
North Office
918 10th Street
Greeley, CO 80631
RE: Case Number PF-1130
Dear Sir or Madam:
This letter is being written to express the City of Thornton's interest in the
proposed Final Plat, Case Number 1130. The City of Thornton owns property to
the south and southeast of the proposed development. Natural drainage from the
proposed development site has historically flowed onto the Thornton-owned land.
By way of this letter the City of Thornton is requesting that the proposed
• development be required to retain flows so that drainage onto Thornton's property
does not occur at a rate, or duration greater than what has historically occurred.
Furthermore, Thornton requests that the location of flows coming onto Thornton
property not be relocated or concentrated.
Changing either the quantity or location of flows has the potential to damage the
adjacent Thornton-owned property. In order to avoid such damage, please provide
for development requirements in Case Number PF-1130 so that historic flows are
not substantially changed. Please contact me if you have any questions.
Sincerely,
Scott Twombly
Real Estate Manager
cc: Bud Elliot, Deputy City Manager - Infrastructure
Emily Hunt, Water Resources Manager
Brian Foss, Farm Operations Administrator
Dennis Hanson, Assistant City Attorney
•
Weld County F'a„niro Department
GREELEY OFFICE
J1.1f '.)8 ?flnR
pF to
DEPARTMENT OF NATURAL RESOURCES RECEIVED
' ` DIVISION OF WATER RESOURCES
* JulDill Ritter,Jr.
/876 y 1, 2008 Governor
Harris D.Sherman
Executive Director
Kim Ogle Dick Wolfe,P.E.
Weld County Planning Department Director
918 10th Street
Greeley, Co 80631
Re: Mackey Circle PUD
Case No. PF-1130
NW1/4 of Sec. 6, T7N, R65W, 6th P.M
Water Division 1, Water District 1
Dear Mr. Ogle:
We have reviewed the above referenced proposal to subdivide a 27-acre parcel into six
single-family residential lots with an average lot size of 4.11 acres. Our records show that the
State Engineer's Office previously commented on this subdivision proposal by our letters dated
October 20, 2006 (when the proposal was for eight lots) and April 26, 2007.
Information from this submittal indicates that this is the Final Plat for this subdivision.
• The proposed water supply is still listed as the North Weld County Water District (District), and a
letter of commitment was provided in a previous referral. However, a water service agreement
with the District has not been included in any referral materials. Therefore, we still recommend
that the County obtain a signed copy of the water service agreement from the District prior to
the final approval of the subdivision.
Since no changes in the water supply for this subdivision were identified in this submittal,
the comments from our letters dated October 20, 2006 and April 26, 2007 still apply.
If you have any question in this matter please contact Megan Sullivan of this office.
Sincerely,
/47 Kevin Rein P.E.
G Chief of Water Supply
cc: Jim Hall, Division Engineer
Water Supply Branch
Subdivision File
• KGR/MAS/Mackey Circle FP PUD
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
www.water.state.co.us
Q DEPARTMENT OF PLANNING SERVICES
• ittit
6 Weld County Administrative Offices
918 Street
CO GREELEY CO 80631
Phone(970) 353-6100
I 4209 CR 24.5
LONGMONT CO 80504
C. Phone (720) 652-4210 EXT 8736
COLORADO
08 July 2008
Applicant: Gary & Vicky Mackey, Bryon & Jamie Mackey
Case Number: PF-1130
Project: Final Plat for 6 Lot Residential Estate Zoning Lots— Mackey Circle PUD
Legal: Lot B of RE-4589 and Lot A of RE-2792 both being part NE4 of Section 6, T7N, R65W
of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 86 and East of and adjacent to CR 37.
Parcel Numbers: 0709 06 200007 & 0709 06 000002
• There are no building permits on record for these parcels.
Prior to the start of any construction, alterations, or change of occupancy;
1 A building permit application must be completed for each lot and two complete sets of
plans including engineered foundation plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report preformed
by a registered State of Colorado engineer shall be required.
2 A plan review must be approved and a permit must be issued prior to the start of construction
on any of the planned lots.
3 The new homes shall conform to the requirements of the 2006 International Building Codes,
2008 National Electrical Code and Chapter 29 of the Weld County Code.
4 Setback and offset distances shall be determined by the 2006 International Building Codes
and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the
farthest projection from the structure).
5 Buildings located within a 100 year flood plane require a Flood Hazard Development plan.
6 A letter is required from the Fire District to ascertain if a permit is required.
• //SSii�n1Lc�erely, I �o
7��L�LN/7otm.4 if
Robert Powell
Building Plans Examiner II
Service,Teamwork, Integrity,Quality
Weld County Planning Departmen
GREELEY OFFICE
inn 1 C ar)fiR
MemorandrIVED
TO: Kim Ogle, W.C. Planning
IDATE: July 8, 2008
C FROM: Lauren Light, W.C. Department of Public
•
COLORADO Health and Environment
CASE NO.: PF-1130
NAME: Mackey/Mackey PUD
The Weld County Health Department has reviewed this final plat application for a 6 lot PUD on 27
acres. The application was previously reviewed under case number PZ-1130. The minimum lot size
of 4.1 acres coupled with an overall density of one septic system per 4.5 acres does meet current
Department policy.
Water
The application has not satisfied Chapter 27 of the Weld County Code in regard to water service.
The application states that water will be supplied by North Weld County Water District. The
application states that a recorded water service agreement was included in the application materials;
•
however no such document was included in this department's packet. A copy of the recorded
agreement is required prior to recordation of the final plat.
Septic
Sewer will be provided by individual sewage disposal systems. A FEMA identified 100-yearfloodplain
boundary has been identified on the northeastern portion of the property, affecting Lots 3 through 6,
with Lot 5 the most severely restricted. Due to the large lots and anticipated field sizes this
Department will not require septic envelopes on any lot except Lot 5. The final plat does provide both
primary and secondary septic envelopes on lot 5. This Department previously reviewed the
preliminary geotechnical report conducted by Earth Engineering and dated August 24, 2006. The
report indicates the site is likely to require both conventional and engineered septic systems due to the
range of percolation rates. There is language for the protection of absorption fields in the
development Covenants.
Drainage
It appears that the detention pond is located on lot 3. It is not clear from the covenants if the detention
area is considered a "common element"and if the HOA would be responsible for maintenance. The
applicants should clarify who is responsible for the maintenance of the detention pond and consider
the option to place the pond on an outlot owned by the HOA.
The notes on the Final Plat are consistent with the requirements from the change of zone.
The initial impact plan submitted with the final plat application materials appears to adequately
address the environmental impacts of Section 27-6-40.
•
Page 1 of 1
Kim Ogle
• From: Lauren Light
Sent: Friday, August 15, 2008 8:47 AM
To: Kim Ogle
Subject: PF-1130
Weld County Department of Public Health & Environment, Environmental Health Services has received a copy of
the recorded water service agreement from North Weld County Water District for PF-1130. The
application has satisfied Chapter 27 of the Weld County Code in regard to water service.
Lauren Light
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
•
•
08/15/2008
Weld County Planning Departmen
• GREELEY OFFICE
1.. 8 71118
• firn\tHi ° MEMORANDUM RECEIVE®
TO: Kim Ogle, Planning Services DATE: 09-July-2008
�• FROM: Kelly Larson, Public Works Dept.,and{'' 1-
Don Dunker, P.E., Public Works Dept.(
COLORADO SUBJECT: PF-1130, Mackey Circle PUD, Review
Weld County Public Works Department has reviewed this Final Plan (PF) request. Comments and
concerns identified during this phase of the process may not be all-inclusive, as other concerns or issues
may arise during the remaining application process.
Comments
The following concerns identified by Weld County Public Works shall be resolved prior to
recording the Final Plat:
Please return all redline copies upon resubmittal.
Drainage:
1. Please resolve all redline comments in the Report, Construction Drawings and the plat.
2. Please provide intensity calculations in the Report.
3. Per Weld County Addendum 4.5 detention releases based on soil types are not approved for Weld
•
County. See redlines in report.
4. Please change the statement in the drainage report on Page 6, Chapter III, Section C, fourth sentence
that states "...drain in no less than 72 hours... "This statement is incorrect as proposed. Weld County
Code states that detention ponds must drain in less than 72 hours.
5. Please provide easement agreements for the release of flows east of the Site.
6. Please change the detention pond drainage release to 4 cfs to account for the allowance of the onsite
drainage from sub-basin D to not be held within the detention pond.
Construction Plans:
The Construction Drawings must be stamped, signed and sealed by a Professional Engineer licensed to practice
in the State of Colorado prior to recording the final plat.
1. Please address and resolve all red line comments in the Construction Drawings.
2. Please provide a Construction Schedule (Weld County Code Sec.27-7.K)
3. As stated in the May 16, 2007, review memo from Brian K. Varrella, Weld County Public Works,
"Intersection sight distance triangles at the development entrance will be required."
Utility Plans:
1. Please provide a certificate of Utility Design sealed by a Professional Engineer licensed to practice in
the State of Colorado(Weld County Code Sec.27-9-40).
Plat:
1. Please add the following note to the text of the Final Plat: "Weld County will not be responsible for the
maintenance of roadway and appurtenant improvements, including storm drainage related facilities."
• 2. Please include on the Final Plat building envelopes on lots 3,4, and 5 on the west side of the floodplain
only.
Page I of 2 03-January-2008
M\PLANNING-DEVELOPMENT REVIEWO-Final Plat(PF,MF.MIF)\PF-1130 Mackey CirddPF-I 130,Mackey Circle PUD.Review.doe
' a
General Comments:
• I. Please resolve all redline comments in the Report, Construction Drawings and the plat.
2. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and
roadway/construction&grading plan drawings for review and approval.
3. Could not review the extended detention basin, pond volume, orifice, spillway, circular pipe, and rip
rap designs because the Q's need to be adjusted.
4. As stated in the May 16, 2007, review memo from Brian K. Varrella, Weld County Public Works, "The
applicant shall submit Improvements Agreements According to Policy Regarding Collateral for(on-
site) Improvements with the Final Plan application. These agreements must be reviewed by Public
Works and shall be approved by the Board of County Commissioners (BOCC)prior to recording any
Final Plat." Please submit the required agreement.
Recommendation
The Public Works Department will continue the review of this final plan application upon receipt of the
required items.
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•PC: PF-1130,Mackey Circle PUD,Review.doc
Email&Original:Planner: Kim Ogle
PC by Post: Applicant: Gary Mackey
PC by Post: Engineer&Surveyor: Stewart&Associates
•
•
Page 2 of 2 03-January-2008
M.%PLANNING—DEVELOPMENT REVIE WJ-Final Plat(PP,MF,MJFI%PF-I UO Macltcy circle PP-11 J0.Mackey Circle PUD,Review doe
a
Weld County Referral
•
'ilC.
COLORADO June 9, 2008
The Weld County Department of Planning Services has received the following item for review:
Applicant Gary&Vicky Mackey; Case Number PF-1130
Bryon &Jamie Mackey
Please Reply By July 9, 2008 Planner Kim Ogle
Project Final Plat for six (6) Residential (Estate Zoning) Lots— Mackey Circle PUD
Legal Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6, T7N,
R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to CR 86 and East of and adjacent to CR 37.
Parcel Number 0709 06 200007 &0709 06 000002
• The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Utility Board Hearing (if applicable) August 14, 2008
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
U Please notify me of any public hearings regarding this request.
Comments:
Signature y- Fy- i,E- " e5 Date S,es?,et}
Agency tales Privanf
• :•Weld County Planning Dept. 4918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• REVIEW OF COVENANTS FOR MACKEY CIRCLE PUD
1. LEGAL DESCRIPTION OF LAND TO BE BURDENED WITH COVENANTS
OR DECLARATIONS. THIS NEEDS TO REFERENCE THE SUBDIVISION
OR PUD LOTS WHICH ARE GOING TO BE CREATED WITH A BLANK
FOR THE RECORDING INFORMATION OF THE FINAL PLAN OR PLAT.
THE FINAL COVENANTS NEED TO BE PRESENTED TO PLANNING FOR
RECORDING ALONG WITH THE FEE AND AT THE SAME TIME AS THE
FINAL PLAN OR PLAT. THE PLAT WOULD BE RECORDED AND THE
RECORDING INFORMATION INSERTED INTO THE COVENANTS
WHICH THEN WILL BE RECORDED SO THAT THERE IS NO GAP IN
TIME.
THERE IS A LEGAL DESCRIPTION PRESENT, AND A COPY OF THE
PLAT WAS ATTACHED TO THE DOCUMENT.
2. INDICATION OF LANDS BENEFITTED BY THE COVENANTS-
USUALLY BENEFITS AND BURDENS APPLY TO ALL OF THE
PROPERTIES:
IN THIS CASE, ALL OF THE PROPERTY AS DEFINED IN THE
COVENANTS IS BENEFITTED AND BURDENED BY THE COVENANTS.
SEE PAGE 1, RECITAL #2.
3. INDICATION AS TO WHAT EXTENT THE COLORADO COMMON
• INTEREST OWNERSHIP ACT APPLIES, IF AT ALL:
PAGE 10, 6.07 STATES THAT THE DEVELOPMENT IS NOT GOVERNED
BY THE PROVISIONS OF THE STATUTE, EXCEPT FOR THE
MANDATORY SECTIONS.
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:
DOCUMENT DESCRIBES THE COMMON AREAS TO BE MAINTAINED
BY THE ASSOCIATION AS: THE ROAD IDENTIFIED ON THE PLAT AS
LANEY WAY; OUTLOT 1; AND ANY ADDITION TO THE COMMON
ELEMENTS THAT MAY HEREAFTER BE MADE. (PAGE 1 DEFINITIONS)
5. DESCRIPTION OF THE COMMON EXPENSES SUCH AS
ADMINISTRATION AND INSURANCE AND FOR REPAIR,
MAINTENANCE, REPLACEMENT OR CONSTRUCTION OF COMMON
ELEMENTS:
THE EXPENSES ARE ADDRESSED ON PAGE 15 AND 16, IN ARTICLE V.
THE ASSESSMENTS WILL BE DETERMINED PERIODICALLY. SPECIAL
ASSESSMENTS MAY BE MADE. THERE MAY BE A CONTINGENCY
RESERVE AND WORKING CAPITAL AND SINKING FUND. 5.03
•
PARAGRAPH 5.05 SETS THE CURRENT ASSESSMENT AT A MAXIMUM
• OF $400, BUT THAT IS MISLEADING BECAUSE THE $400 AMOUNT WAS
SCHEDULED TO BE ADJUSTED EVERY YEAR BEGINNING IN 1999.
***ALSO, THERE IS A QUESTION ABOUT WHETHER SETTING THAT
LIMIT, RESTRICTS THE ABILITY TO IMPOSE SPECIAL ASSESSMENTS
SEE QUINN V. CASTLE PARK...,77 P.3D 823 (COLO. APP. 2003) WELD
COUNTY ONLY CARES ABOUT THIS IF IT IMPAIRS THE
ASSOCIATION'S ABILITY TO MAINTAIN ITS COMMON ELEMENTS.***
6. MEMBERSHIP AND VOTING:
ARTICLE IV PAGE 13 OF THE DECLARATION OF COVENANTS SETS
FORTH THE VOTING RIGHTS AND MEMBERSHIP REQUIREMENTS.
EACH OWNER HAS A VOTE. IF MORE THAN ONE OWNER PER LOT,
THE LOT MUST VOTE AS ONE. DECLARANT HAS 4 VOTES FOR EVERY
LOT OWNED BY DECLARANT.
7. PROVISION FOR THE COLLECTION OF FUNDS TO PAY FOR COMMON
ELEMENTS:
THE COLLECTION OF FUNDS TO PAY ASSESSMENTS IS ADDRESSED
ON PAGE 13, ARTICLE IV, WHERE THE BOARD OF DIRECTORS'
POWERS AND DUTIES ARE SET OUT. THE ISSUES IS ALSO
ADDRESSED IN ARTICLE V, PARAGRAPHS 5.04-5.11. ASSESSMENTS
ARE COLLECTIBLE IN PROCEEDINGS IN LAW OR EQUITY, OR BY THE
• IMPOSITION OF A LIEN. SEE ALSO 6.05. THIS IS ADEQUATE.
***HOWEVER, THE DECLARANT IS NOT LIABLE TO PAY ANY
ASSESSMENT-THIS COULD BE A PROBLEM IF THE LOTS DO NOT
SELL, AND MAINTENANCE IS AN ISSUE. ADVISE REMOVAL OF THE
PROVISION, OR ESTABLISH AS A CONDITION OF APPROVAL THAT
THERE IS SUFFICIENT COLLATERAL TO PAY FOR IMPROVEMENTS
PRIOR TO THE SALE OF THE LOTS***
8. MEANS OF ENFORCEMENT AGAINST DELINQUENT PROPERTY
OWNERS:
SEE #7
9. RIGHT TO FARM PROVISIONS:
THERE IS NO RIGHT TO FARM PROVISION. IT MUST BE ADDED AS SET
FORTH BELOW:
Weld County is one of the most productive agricultural counties in the United States, ranking
fifth in total market value of agricultural products sold. The rural areas of Weld County may be
open and spacious, but they are intensively used for agriculture. Persons moving into a rural area
must recognize and accept there are drawbacks, including conflicts with longstanding agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
• neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-
moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads;
odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agriculture producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been and continues to be the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes or other structures unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and county roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints more
than on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel
• roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may
not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or maybe the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must,by necessity,be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible
for their children. (Weld County Code Ordinance 2006-2)
Appx 22-7 Supp. 10
10. PROVISIONS FOR AMENDING. AMENDMENTS WHICH PURPORT TO
RELIEVE THE OWNERS FROM THE DUTY TO MAINTAIN COMMON
ELEMENTS WILL REQUIRE WRITTEN CONSENT OF THE BOARD OF
COUNTY COMMISSIONERS:
***THE DOCUMENT FAILS TO STATE THAT NO AMENDMENT MAY BE
ADOPTED WHICH MAY RELIEVE THE OWNERS OF THE DUTY TO
MAINTAIN COMMON ELEMENTS, WITHOUT THE CONSENT OF THE
BOARD OF COMMISSIONERS OF WELD COUNTY. THIS MUST BE
• ADDED.***
11. PROVISIONS FOR AUTOMATIC RENEWAL AND TERMINATION.
•
TERMINATION OR NON-RENEWAL WHICH HAS THE EFFECT OF
RELIEVING THE OWNERS FROM THE DUTY TO MAINTAIN COMMON
ELEMENTS WILL REQUIRE WRITTEN CONSENT FROM THE BOARD.
SEE 10 ABOVE. ALTHOUGH, 6.02.2 PAGE 18 DOES REQUIRE THE
PERMISSION OF WELD COUNTY BEFORE THE DISSOLUTION OF THE
ASSOCIATION.
***IT IS BEST TO REQUIRE THE SPECIFIC LANGUAGE STATING THAT
THE COVENANTS EXIST IN PERPETUITU AND CANNOT BE
TERMINATED IF THE EFFECT IS THAT THE HOMEOWNERS ARE
RELIEVED FROM THE OBLIGATION TO MAINTAIN THE COMMON
ELEMENTS.***
12. PROPER EXECUTION BY RECORD TITLE OWNERS AT THE T IME OF
RECORDING (NEED TO MATCH EXACTLY NAMES ON DEEDS AND BE
CONSISTENT WITH INCORPORATION, IF APPLICABLE):
***THERE IS A FINAL PLAT APPLICATION AND COPY OF A PLAT
WHICH INDICATES THE OWNERS ARE GARY MACKEY, VICKY
MACKEY, BYRON MACKEY AND JAIME MACKEY. THE SIGNATURE
PAGE AS PRESENTED, SHOWS MACKEY ENTERPRISES, A COLORADO
CORPORATION. THE COVENANTS MUST BE SIGNED BY THE ACTUAL
OWNERS AS INDIVIDUALS, SINCE THE CORPORATION DOES NOT
OWN THE PROPERTY.***
•
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 DOES CONFORM TO THE
STATUTORY FORM. HOWEVER, SEE #12 ABOVE-THE SIGNATURES
ARE ALL WRONG.
14. OTHER:
PAGE 5 TALKS ABOUT PETS. THE LIMIT IS 6. I ASSUME THAT APPLIES
TO ALL FORMS OF HOUSEHOLD PETS. HOWEVER, THE COUNTY'S
LIMIT ON DOGS IS 4, IF THE LOT IS UNDER 10 ACRES. PERHAPS THEY
SHOULD ADD LANGUAGE STATING"SUBJECT TO THE WELD
COUNTY CODE..."
PAGE 20 TALKS ABOUT COUNTY MAINTENANCE OF THE ROAD(S).
DON NEEDS TO SEE THIS-I THINK IT SHOULD COME OUT.
PAGE 15, 5.01, SHOULD ALSO BE AMENDED TO REMOVE THE
LANGUAGE ABOUT MAINTENANCE BEING ASSUMED BY WELD
COUNTY.
•
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