HomeMy WebLinkAbout840251.tiff •
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RESOLUTION
RE: APPROVAL OF ADDENDUM CONCERNING COMPLETION OF PAVING IN THE
PARKLAND ESTATES SUBDIVISION, WELD COUNTY, COLORADO
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the original Parkland Estates Subdivision Agreement,
dated September 19 , 1977 , and recorded in Book 809 , Reception No.
1730930 , in the Office of the Clerk and Recorder, Weld County,
Colorado, provided for, among other things, the paving of
Rue-de-Trust, and all streets and cul-de-sacs within the Parkland
Estates Subdivision, as found on the plat recorded at Book 785 ,
Reception No. 1707002 , in the Office of the Clerk and Recorder,
Weld County, Colorado, and
WHEREAS, the Parkland Estates Homeowners Association, Inc. ,
has presented to the Board of County Commissioners of Weld County,
Colorado, a plan for the phased completion of all paving within
the Parkland Estates Subdivision, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, conducted a public hearing on October 17 , 1984 , at which
time said plan was considered and approved with the following
conditions:
a. That the Parkland Homeowners Association, Inc. , must
provide proof of adequate bonding to ensure the
performance of said plan.
b. That the Parkland Homeowners Association, Inc. , must
enter into an agreement with the Board of County
Commissioners of Weld County, Colorado, wherein the
Parkland Homeowners Association agrees to assume the
completion of the paving of Rue-de-Trust and all streets
and cul-de-sacs.
c. That the Parkland Homeowners Association, Inc. , must
provide the Board of County Commissioners of Weld County
with a new Deed of Trust covering all of the unsold lots
7;
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840251
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in the Subdivision, as security for the completion of
the paving of the Subdivision.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has determined that the Parkland Estates Homeowners
Association, Inc. , has complied with conditions "b. " and "c. "
above, and
WHEREAS , the Parkland Homeowners Association, Inc. , has
presented a $90 ,000 . 00 letter of credit to the Board of County
Commissioners of Weld County as a substitute for the bonding
requirement of condition "a. " above, wherein said letter of credit
will become due and payable to the Board if the paving of
Rue-de-Trust is not completed by November 1 , 1986 , and
WHEREAS, the Board of County Commissioners of Weld County has
determined that said letter of credit satisfies condition "a. "
above, and
WHEREAS , said plan for phased paving shall be included in an
Addendum to the Parkland Estates Subdivision Agreement, a copy of
which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the plan for the
phased paving of Rue-de-Trust and all streets and cul-de-sacs in
the Parkland Estates Subdivision, Weld County, Colorado, is hereby
approved, and the Board authorizes its Chairman to sign the
following documents:
a. Addendum to the original Subdivision Agreement dated
September 19 , 1977 , by and between Parkland Estates,
Inc. , and County of Weld, by and through its
Commissioners, State of Colorado. Said Addendum is
effective as of October 17 , 1984 .
b. Assumption of Subdivision Agreement, dated November 15 ,
1984 , by and between the Parkland Homeowners
Association, Inc. , Parkland Estates, Inc. , Parkland
Associates, Inc. , and County of Weld, State of Colorado,
by and through its Commissioners .
0
c. Security and Escrow Agreement, made and entered into
October 17 , 1984 , by and between the Parkland Homeowners
Association, Inc. , and County of Weld, State of
Colorado, by and through its Commissioners.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
November, A.D. , 1984 .
t�nn 4uL44 BOARD OF COUNTY COMMISSIONERS
ATTEST: R ELD COUNTY, COLORADO
/�
Weld County CT'erk and Recorder ( ' 4.....___.
and Clerk to the Board Norman Carlson, Chairman
BY RA- Pf 11rri Ld ' t . '�
Deputy 1County C erk J u ' ne ohtt.n, Pro-Tem
APPRO D AS F M: G Ser
CC Gene . Brantner
County Attorney EXCUSED 9Chk Carlson
elif:Yt_ 7- i7/iif�/tn/
J n T. Martin
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ADDENDUM
THIS ADDENDUM is made and entered into effective this 17th
day of October, 1984 , by and between PARKLAND ESTATES, INC . , a
CD Colorado corporation, (hereinafter called "Parkland") , and COUNTY
o OF WELD, by and through its Commissioners, State of Colorado,
o (hereinafter called "the County") .
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Recitals :
oW
3 1 . The parties entered into a Subdivision Agreemer dated
o a September 19, 1977 providing for, among other things, he
" Q construction of certain paved roads within the Parkland _;state
Subdivision, Weld County, Colorado.
v
0a 2 . Following the execution of the original Subdivision
0 Agreement, Parkland from time to time has requested, and the
io County has granted, extensions of time within which to complete
r a the construction of said paved roads . The last of said
extensions expired July 1 , 1982 and the construction of said
mu roads is not yet complete.
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.-iH 3 . The parties, by execution of this Addendum, desire to
h further amend the original Subdivision Agreement to facilitate
the completion of the construction of said roads.
61
Low NOW, THEREFORE, the parties hereby agree to amend said
ma Subdivision Agreement as follows:
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1 . The plans previously furnished by Parkland and accepted
>, by the County pursuant to Paragraph 1 . 2 of the Subdivision
u a Agreement are amended to provide for reduction of the paved width
of all streets of the Subdivision to 24 feet and reduction of the
paved area within all cul-de-sacs within the Subdivision to 60
mm
v. o feet.
o
m N 2 . Paragraph 6 . 6 of the Subdivision Agreement is amended
to provide for the phased completion of the paving improvements
as follows:
a. Phase 1 : Runway and taxiway to fuel storage to be
paved in 1984 .
b. Phase 2 : Rue De Trust to be paved in 1986 .
c. Phase 3: Side streets and cul-de-sacs to be paved
no later than 1989 .
Upon completion of the paving in each phase as hereinabove
provided, the roads paved during each such phase shall be
eligible for acceptance for maintenance by the County in
accordance with the terms and conditions of Paragraph 5 of the
original Subdivision Agreement.
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3. The General Indenture of Conveyance, Assignment and
Transfer from Parkland Associates, Inc . to Parkland Homeowners
Association, Inc. , dated October 17, 1984, attached hereto as
Exhibit A, the Instrument of Assumption between Parkland
Associates, Inc. and Parkland Homeowners Association, Inc. dated
o o October 17, 1984 , attached hereto as Exhibit B, and the
0
Assumption of Subdivision Agreement, dated effective October 17,
V 1984 , attached hereto as Exhibit C, are hereby approved.
w 4 . Conditioned upon the posting of a Letter of Credit in
o
o g favor of the County in an amount not less than $90, 000, in a form
o a and from an issuer acceptable to the County to secure Parkland' s
v} w performance of the paving required under Phase 2 of this
a Addendum, the Agreement between Frontier Materials, Inc. and the
O Parkland Homeowners Association, Inc. dated August 27, 1984
• attached hereto with its Exhibits as Exhibit D is hereby
o a approved. Further, the security interest of the County in all
collateral held by the County as a guarantee of compliance with
the original Subdivision Agreement shall be released, and a new
substitute security interest given in its place according to the
a terms of the Security and Escrow Agreement dated effective
CO
October 17, 1984 by and between Parkland Homeowners ' Association,
H Inc. and Weld County, Colorado, attached as Exhibit E hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the date hereinabove first written.
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m z BOARD OF COUNTY COMMISSIONERS
m z Weld County, Colorado
v a ATTEST:
� Chairman
m Weld COeyfty r �1Recorder
Clerk trod e• ire
0.1 WeBY: if.Z171/
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Deputy ddu$ty , Lerk
PARKLAND ESTATES, INC.
B
President
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STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER
Subscribed and sworn to before me this /al. day of
O o November,. 1984 by the President of Parkland Estates, Inc.
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M 0 .. .. Withdss my hand and official seal.
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HEARING CERTIFICATION
DOCKET NO. 84-62
RE: AMENDMENT TO PARKLAND ESTATES SUBDIVISION AGREEMENT
A public hearing was conducted on October 17, 1984, at 2:00 P.M. , with the
following present:
Commissioner Norman Carlson, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner Chuck Carlson, Absent
Commissioner John Martin
Also present:
Acting Clerk to the Board, Mary Reiff
County Attorney, Thomas 0. David
Assistant County Attorney, Bruce T. Barker
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 1984, and
duly published September 13, 1984, and October 4, 1984, in the La Salle
Leader, a public hearing was conducted to consider an Amendment to the
Parkland Estates Subdivision Agreement. Since only four Commissioners were
present, the participants were advised of the procedure to be followed in
the event of a tie vote. Tom Ayers, attorney representing Parkland Estates,
Inc. , Parkland Associates, Inc. , and Parkland Homeowners' Association,
expressed his desire to continue with the hearing today. Tom David, County
Attorney, read the notice of this hearing into the record. Bruce Barker,
Assistant County Attorney, explained the steps which had been taken to
inform homeowners of this hearing. Mr. David explained that the first
portion of this hearing would concern redefinition of the paving
requirements, specifically the width of the paved portion of the roads, of
the Subdivision Agreement. Drew Scheltinga, Engineering Director, stated
that he could foresee no problems with the proposed standard for width of
paving. After discussion, Commissioner Brantner moved to amend the paving
requirements of the Parkland Estates Subdivision Agreement as proposed,
based upon the recommendation of Mr. Scheltinga. Commissioner Martin
seconded this motion and it carried by a unanimous vote. The hearing was
then opened for comment concerning a proposed addendum to the Subdivision
Agreement. Mr. Ayers came forward to explain this request. He submitted
unaudited copies of the proposed addendum and unaudited balance sheets of
Parkland Associates, Inc. for members of the audience as well as the Board.
He explained the problems facing Parkland Associates and the various aspects
of the addendum being proposed. They presently wish to enter into a phased
paving agreement and be able to pave the runway before paving any of the
streets in the subdivision. (TAPE CHANGE #84-93) Mr. Ayers explained that
the Commissioners were being asked to release the amount currently held in
the escrow account and subordinate their security interest in the property
to allow Parkland to enter into a paving agreement with a paving contractor.
Mr. Ayers also went over the documents associated with this request,
including the proposal that Parkland Estates, Inc. and Parkland Associates,
Inc. transfer all their assets and liabilities to Parkland Homeowners'
Association. Mark Williams, secretary-treasurer of Parkland Homeowners'
Association, stated that this entire proposal has the support of most of the
members of the association. After further discussion, Mr. David informed
the Board that they have an obligation to see that the streets in the
subdivision are paved and that is the reason for the escrow account. Karl
Kumli, attorney representing David and Cheryl Turner and Gordon and Heather
Turner, stated that his clients have a number of questions which they feel
need to be answered before any action is taken. Mr. Kumli also presented
the Board with statements from ten lot owners asking for more information .
(TAPE CHANGE #84-94) Ralph Newman came forward to explain the reasons the
homeowners feel the paving of the runway is more important than paving the
streets. Considerable discussion was held concerning the various aspects of
this request. Commissioner Brantner moved to approve this addendum to the
Subdivision Agreement between Parkland Estates, Inc. and Weld County
conditional upon: 1) an approved agreement with Parkland Homeowners'
• •
Association; 2) an adequate contract with Frontier Materials, Inc. ; 3) an
adequate bond; and 4) the Resolution approving said addendum not being
signed until all details have been resolved. Commissioner Martin seconded
the motion and it carried with a unanimous vote.
APPROVED:
-�r BOARD OF COUNTY COMMISSIONERS
ATTEST I0-U L&' 4.4" WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
De uty County Clerk J• q}�e ne Joh sin, Pro-Tem
kilt excesiAtt--
Gene R. Brantner
Absent
Clink Carlson
J Vii:Martin
TAPE #84-92, 84-93 and 84-94
DOCKET #84-62
• •
ATTENDANCE RECORD
DATE: October 15 . 1984
TODAY' S HEARINGS ARE AS FOLLOWS:
DOCKET NO. 84-62 - Amendment to Parkland Estates Subdivision Agreement
PLEASE write or print legibly your name, address and the DOCKET # (as listed
above) or the applicant' s name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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ATTENDANCE RECORD
DATE:
TODAY' S HEARINGS ARE AS FOLLOWS:
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PLEASE write or print legibly your name, address and the DOCKET # (as listed
above) or the applicant' s name of the hearing you are attending.
r/SAME ADDRESS HEE�ARING ATTENDING
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AFFIDAVIT OF NOTIFICATION
I, Bruce T. Barker, being first duly sworn, state as follows:
1 . That I am the Assistant Weld County Attorney for Weld
County, Colorado.
2. That I acknowledge that I have contacted the following
persons concerning the Parkland Estates public hearing to be
held in the Board of County Commissioners ' Hearing Room, Centennial
Center Complex, Greeley, Colorado, on October 17, 1984 :
Name Date Contacted
a. Lon Waddell October 16 , 1984
b. Barb Van Zuiden October 15 , 1984
c. Robert Haun October 15, 1984
d. Peter Clinton October 15 , 1984
FURTHER, the Affiant sayeth not.
e T. Barker
STATE OF COLORADO )
ss .
COUNTY OF WELD
Subscribed and sworn to before me this I1 day of October,
1984 .
WITNESS my hand and official seal . AA
Notary Pu
My commission expires: S/7/&c
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G,�EF[FY i.
October 10, 1984
Weld County Commissioners
P. 0. Box 1948
Greeley, Colorado 80632
Re: Parkland Subdivision
Ggntlemen:
This letter is written to inform you of our feelings regarding the
pavement schedule you are to make a ruling on at your meeting of
October 17, 1984.
I have read your letter of September 18, 1984 and I am very much
in favor of all of these items A thru E and items 1 thru 4 of
this letter to be approve by you.
This way I feel Parkland Homeowners Association then can proceed
to finish this project that will then become an added attraction
to Southwest Weld County and attract new homeowners to this pro-
ject which will give Weld County added tax revenve, and releave
the commissioners to devote their vaulable time and energy to
other matters of importance; the growth and well being of Weld
County.
I do want to thank you for the opportunity to express my feelings
on this matter.
Yours sincerely,
Charles Anderson
CA:cp
I OCT 2 6 1984
f' 13 October 1984
GREEL Et Coco
1904 Clemma Ct.
Erie, Co. 80516
Weld County Commisioners
Weld county, Colorado
To Whom It May Concern:
Regarding Paving of Roads and the Runway at Parkland Estates,
Iam very much in favor of getting the runnway paved as soon as
practical, and then the paving of the roads second.
I concur with the thoughts and ideas on this subject, as discussed
with Mickey Pratt, Mark Williams, and Ross Chessman, and I do not
agree with the thoughts of Mr. and Mrs. Turner.
Thank You for your attention in the matter.
Lot 9, Block 4 Parkland Estates
Davi L Perlman
• •
OCT 1984
16
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Crtt:`=LEY. COLO.
October 15, 1984
Board of County Commissioners of Weld County
Post Office Box 758
Greeley, CO 80632
Dear Sirs:
Due to my not being able to take off work, I will be unable
to attend the public hearing of the amendment to the Parkland
Subdivision agreement. (This hearing will be held in your
office October 17, 1984 at 2:00 p.m. )
I wish to inform you that my wife and I are in favor of the
agreement as stated in your letter of September 18, 1984.
Sincerely yours,
glaz#
C. Dale Hershberger
Georgia ershberger
(Lot 32 Block 2)
1583 Truda Drive
Northglenn, CO 80233
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WEED CQU 1TY r"'r.,-rr"qS
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Or0CT 1 21984 r 4715 Sylvia Lane
,
j ; Erie, Colorado 80516
October 11, 1984
Bruce T. Barker, Ass't County Attorney
Office of the County Attorney
P. 0. Box 1948
Greeley, Colorado 80632
Dear Mr. Barker:
We are in receipt of your letter dated September
18, 1984 regarding the public hearing to consider an amend-
ment to the Parkland Subdivision Agreement to be held on
October 17, 1984 at 2:00 P.M.
Since Wayne and I may not be able to attend
this hearing we wish to state our position in this matter.
We are in favor of the proposed amendment.
Yours truly,
Wayne and Sylvia Barton
(Certified Mail Receipt #
(P 607 606 759)
October 10, 1984
Board of County Commissioners
Weld County, Colorado
P.O. Box 758
Greeley, Colorado 80632
Re: Hearing on October 17,1984, concerning Parkland paving -
-- Docket No. 84-62
I will be out of State on October 17 and will be unable to attend
the hearing. However, as owner of lot 5, block 3, I wish to record that
I wholeheartedly support the proposed plan to complete the paving.
I especially approve getting the runway paved first, as this is
the item that will most help the sale of our remaining lots.
Sincerely,
7'. aa. i ZL
T. N. Gautier
3775 Davidson Place
Boulder, Colo. 80303
WELD CM C7777171
��� OCT 1 21984 ' ,
j
the <cc Y. CCj 3.
T,.7. fry ..
•
t? C!'":ry r ,,....
October 8, 1984 f OCT 1 1 1984
is
u,.,:L y COLO.
Board of County Commissioners
of Weld County
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
Re: Mr. Bruce Barker's letter of September 18, 1984 concerning
the Public Hearing to be held October 17, 1984, Docket No. 84-62
We will be unable to attend the above referenced meeting. However, let
this letter reflect that we are in full agreement with the terms outlined in
Mr. Barker's letter.
Very truly yours,
e54; Yi;P:r.1
AinisL Krumins �l
//C12d9C/
Sharon Krumins
Homeowners
Parkland Estates
Block 2, Lot 46
4747 Anne Place
Erie, Colorado 80516
• •
mEmoRAnDum
Wilk To Board of County Commissioners
Thomas O. David Dee October 17 , 1984
COLORADO From Bruce T. Barker, Assistant County Attorney
suniecr, Completion Dates for Paving Requirements -
Parkland Estates , Inc.
Parkland Associates , Inc. , was given until the following dates to
complete the paving requirements for the Parkland Estates
Subdivision.
1 . The original Subdivision Agreement for the Parkland
Estates Subdivision, signed on September 19 , 1977 ,
included the following provision: "6 .6 streets shall be
paved within a maximum 1 year after the issuance of the
first Certificate of Occupancy for a house on that
particular street. "
2 . On September 13 , 1978 , the Board of County Commissioners
and Parkland Estates , Inc. , entered into and Addendum to
the original Subdivision Agreement , wherein Parkland
Estates , Inc. , agreed to pave all rights-of-way on or
before June 30 , 1981 , or within 1 year form the date of
occupancy of any residence constructed adjacent to that
portion of the right-of-way required to be paved, which
ever would occur first.
3 . On November 17 , 1980 , the Board and Parkland Estates ,
Inc. , entered into another addendum, wherein section 6 . 6
of the original subdivision agreement concerning the
time of the street paving was amended to state the
following: "6. 6 street shall be paved within a maximum
of 1 year after the issuance of the first Certificate of
Occupancy for a house on that particular street ,
provided however, that with respect to Rue de Trust road
only, said street shall be paved on or before June 27 ,
1981 . "
4 . On September 30 , 1981 , the Board and Parkland Estates ,
Inc. , entered into an addendum to the original
subdivision agreement , wherein section 6 .6 of the
original subdivision agreement was again altered to
state the following: "6 . 6 streets shall be paved within
a maximum of 1 year after the issuance of the first
Certificate of Occupancy for a house on that particular
street , provided however, that with respect to the Rue
de Trust only, said street shall be paved on or before
July 1 , 1982 .
5 . The first Certificate of Occupancy in the Parkland
Estates Subdivision was issued on December 27 , 1979 to
Mr. H. L. Rutledge for a house located on Lot 16 , Block
1 , Parkland Estates Subdivision.
duce T. Barker
Assistant County Attorney
•
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME:
PRESENT ADDRESS: 22 /4, 81u r f
LOT and BLOCK #: Lo+ 11 Block I
DATE: )b- g41
• •
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME: / c,PKr es/ 72, 7?/".7%,--1
fit
PRESENT ADDRESS: t( //*srr.erce-r U'y , Cc. ` //
LOT and BLOCK #: 1f
DATE: i H .
• •
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME: /cQ sz. ,09,-,Pd-et""
PRESENT ADDRESS: ///c2 AS9R,B/YRA cite/e _4e-711/4cSOS%�
LOT and BLOCK #: _4 c T .Ca e, o c)t 0-3
DATE: /° -/o -cFy
• •
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME: -4W 77 �J
PRESENT ADDRESS: ;'yjo Coa ..7_, "'_ �C� • •- (4. 80-2
LOT and BLOCK #: � a -
DATE: / 9 7``
ge� �'i 7
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tion are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME: w�iLLte Fred •1≤
PRESENT ADDRESS: ?It
9 C
LOT and BLOCK #: t 1/1-42
DATE: ( t-7T Z / `11- x..31.
5 /Fir ve. I
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h:S 2'n.,rre.G
5
VFW` i J-r
V'/L err-. I 1Y
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
jG
NAME: CYG .) • cdu,c`al!A
PRESENT ADDRESS: ,_„00-:.2 / Widary / OrPkt-ri PV L:frt,t Co 2O•.2J
LOT and BLOCK #: Zrd /
DATE: 11)10 AL e
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
a
p // / J
NAME: �( i X14 r e fira k y� • Z-ter.
PRESENT ADDRESS: y 6z7 7 C'q f L QA �` Er i e_ do �a to s. /6
LOT and BLOCK #:
DATE: /O - 6 - ? /
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME: -Certes-e r. r-v _,/, erlf
� �
PRESENT ADDRESS: t'; .9'0 SV, ,,y-,,
qf "
LOT and BLOCK #: �
j� LAG 1O J
/y/ c
DATE: ' `�y �f � 0
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action., - , .�C114LS s—#3 rard
nd T f;I asI 40 see wit' a.Gi 'l{is VLotQ is
J K
��tV1c Lc be peat Q11 Gi.Uhrlt , inIV�R.n 1.1.)Q 5� (UK�. kGI,UE
WWCLT(°r "I'kat IS OW We 1
hL �4
NAME: �
l�C�✓ G/ti1 G
I
PRESENT ADDRESS: 1/ 7(a/ 7(a eci 0-.4el iru s
LOT and BLOCK #: Lot 3 Li/O(X "
DATE: r)(-} (O / 1 87
0
Dear Weld County Commissioners,
I am a lot owner in the the Parkland Estates Subdivision of Weld County.
I have become aware of a proposal to the Weld County board of Commission-
ers which appears to make the Parkland Homeowners Assco. Inc. responsible
for the obligations and liabilities of Parkland Assoc. Inc. I believe that
before the Homeowners Association accepts those obligations and liabilities
the home owners should clearly understand what the Liabilities and obliga-
tions are.
At the present time I do not know what these liabilities and obligations
are and I desire more information from Parkland Assoc. Inc. before I can
support such an action.
NAME:
PRESENT A�S. \L \,RAV ECcoo CO. g6.-11
LOT and BLOCK #: \
DATE: Oc\ , Ac19A
PARKLAND ASSOCIATES, INC
October 8, 1984
Assets
United Bank of Broomfield Checking 002985 $29,440.99
United Bank of Broomfield Escrow 803062 97,856.54
$127,297.53
Notes Receivable
A. Robert Elliot 19,704.00
Wayne L Gabrielson 23,405.00
Tan Giuli 8,000.00
Clarence C. Meyer 10,770.00
Barbara Van Zuiden 19,574.00
James A. Schumacker 19,706.00
$101,159.00
*Block 1, Lot
1 44,000.00
12 36,300.00
13 36,300.00
18 36,300.00
20 36,300.00
21 36,300.00
22 36,300.00
23 36,300.00
Block 2, Lot
2 40,000.00
3 40,000.00
Block 3, Lot
6 36,000.00
Block 4, Lot
3 40,000.00
5 40,000.00
7 40,000.00
$534,100.00
Less 15% sales costs -80,115.00
453,985.00
Total Assets 682,441.53
Total Liabilities Runway paving with bonds
and engineering -394,835.00
Projected Surplus $287,606.53
*Unsold lots @ listed price
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• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO
COUNTY OF WELD
STATEMENT OF POSITION OF DAVID AND SHERYL TURNER
IN THE MATTER OF PARKLAND ESTATES SUBDIVISION
David and Sheryl Turner, by their undersigned attorney,
hereby submit this statement of position to the Board for its
consideration in this matter.
1 . David and Sheryl Turner and their family reside within
the Parkland Estates Development at 1136 Rue de Trust, Erie,
Colorado 80516.
2. The Turners have the following questions and concerns
regarding the proposed amendment to the Parkland Estates Subdivision
agreement of September 19, 1977, as amended:
A. The Turners do not understand why the present
developer, Parkland Associates, Inc. , (PLA)
is unable to complete the proposed development.
Particularly, no reason is given why Parkland
Homeowners Association (PLHA) is better
situated or qualified to assume the obligations
of completion of the subdivision improvements,
than is PLA.
B. No runway was provided in the original Sub-
division Agreement, and it is questionable
whether the construction of a runway will
substantially add to the value or marketability
of lots in the subdivision. In addition,
the proponents of a runway plan should show:
a. That a runway will be properly
engineered;
b. That the paving contractor will
be bonded;
c. What the costs of runway maintenance
will be, and how such costs will
be paid; and
/ r,
d. Whether the proposed runway paving
actually can be accomplished in
a reasonable and prudent manner
in 1984.
C. An integral element of the phased completion
of the subdivision improvements requires
that the 14 lots presently encumbered by
the county be sold to provide project financing.
These lots are listed as corporate (PLA)
assets with an average value of $40,000
per lot.
a. How was that price determined?
b. How will the lots be marketed?
c. How many lots have sold in the
past three years, and at what
prices?
d. How can the subdivision improvements
be completed if lots don't sell ?
D. If the Board of County Commissioners approves
this proposed amendment, it appears that
PLHA will assume all assets and liabilities
of PLA. However, no statement exists as
to what these assets and liabilities may
be. Further, Exhibit C. the proposed Instrument
of Assumption, requires PLHA to indemnify
and covenant to defend PLA "and all present
and former shareholders, officers, directors
and employees against any and all claims,
including, without limitation, any claims
for back taxes. . . ." This appears to be
a substantial deviation from ordinary business
practice where all assets and liabilities
would be disclosed by financial statements,
and opinions of accountants, attorneys or
other professionals, would be given as to
the existence of contingent liabilities.
In short, individual homeowners cannot presently
know the effect of this proposal upon their
interests.
E. As an additional matter, there appears to
be some question as to the authority of
at least PLHA to enter into these transactions.
Particularly, there appear to be questions
as to compliance with the articles of incorpora-
tion and bylaws of PLHA. Also, there appear
2
f
to be some questions as to the proper adoption
of the bylaws, and PLHA member approval
of the proposed amendment.
3. For the reasons stated above, the Turners cannot,
at this time, approve of the proposed amendment to the Subdivision
Agreement. Therefore, it should be noted that the Turners do
not intend to waive any rights they may have, by appearing in
this matter today. However, the Turners hope that recent positive
discussions with PLA and PLHA representatives can form the basis
for a satisfactory resolution to this matter. In addition,
the undersigned attorney wishes to acknowledge the assistance,
in the past week of Mr. Ayres, counsel for PLA and PLHA, in
offering to make information available to the Turners.
Respectfully submitted this 17th day of October, 1984.
Karl F. Kumli , III (#11784)
Attorney for David and Sheryl Turner
1911 Eleventh Street, Suite 201
P. O. Box 2279
Boulder, Colorado 80306
(303) 440-0075
3
•
KARL F. KUMLI, III
ATTORNEY AND COUNSELOR AT LAW
WALNUT ELEVEN BUILDING
1911 11th STREET, SUITE 201
POST OFFICE BOX 2279
BOULDER, COLORADO 80306
ADMITTED TO
PRACTICE IN
CALIFORNIA AND TELEPHONE 440-0075
COLORADO October 4, 1984 AREA CODE 303
The Board of County Commissioners
Weld County, Colorado
P. 0. Box 1948
Greeley, Colorado 80632
Re: Public Hearing for consideration of Amendment to the Park
Land Subdivision Agreement , set for October 17, 1984, at
2:00 P. M.
Dear Board of County Commissioners:
Please be advised that this office represents Sheryl , David
and Gordon Turner, who are real property owners within the Park
Land Subdivision and therefore members of the Park Land Homeowners
Association, Inc.
The Turners became advised of the above captioned proceeding
by letter from the Weld County Attorney's office dated September
18, 1984. Prior to receipt of that letter, the Turners were
completely unaware of any proposal for modification of the sub-
division agreement. We would request that the Board of County
Commissioners carefully ascertain that the proposed subdivision
agreement has been approved by the homeowners association in
conformance with the Association's by-laws.
On behalf of the Turners we would also request that full
disclosure be made of "all properties, assets, rights, and obli-
gations of Park Land Associates , Inc. " which are to be assumed
by the homeowners' association pursuant to Paragraph c of Mr. Bruce
T. Barker's letter of September 18th.
To our knowledge, no disclosure has been made of the assets,
rights and obligations of Park Land Associates , Inc .
In view of the fact that there has been no disclosure to
individual homeowners of the apparently far reaching implications
of this matter, we would request that the Board postpone any
action until the proponents of the draft agreement can show
that the homeowners association has knowingly and voluntarily
consented to the proposed amendment.
• •
Board of County Commissioners
October 4, 1984
Page 2
Please be advised that the Turners plan to be present at
the October 17th meeting to discuss this matter further with
the Board.
Please feel free to contact the undersigned if there are
any questions raised by this letter .
Sincerely,
Karl F . Kumli , III
KFK:dr
cc: Mary Anne Feuerstein, Clerk and Recorder
and Clerk to the Board
Office of County Attorney
Attention : Bruce T. Barker
Tom David
County Attorney
• On COUNTY r! h"""'^ci
KARL F. KUMLI, III f
ATTORNEY AND COUNSELOR AT LAW ILL')
WALNUT ELEVEN BUILDING OCT 1 01984
1911 11th STREET, SUITE 201
POST OFFICE BOX 2279
BOULDER, COLORADO 80306 cc�a.
ADMITTED TO
PRACTICE IN TELEPHONE 440-0075
CALIFORNIA AND
COLORADO October 4 , 1984 AREA CODE 303
The Board of County Commissioners
Weld County, Colorado
P. O. Box 1948
Greeley, Colorado 80632
Re: Public Hearing for consideration of Amendment to the Park
Land Subdivision Agreement, set for October 17, 1984, at
2:00 P. M.
Dear Board of County Commissioners:
Please be advised that this office represents Sheryl , David
and Gordon Turner, who are real property owners within the Park
Land Subdivision and therefore members of the Park Land Homeowners
Association, Inc.
The Turners became advised of the above captioned proceeding
by letter from the Weld County Attorney's office dated September
18, 1984. Prior to receipt of that letter, the Turners were
completely unaware of any proposal for modification of the sub-
division agreement. We would request that the Board of County
Commissioners carefully ascertain that the proposed subdivision
agreement has been approved by the homeowners association in
conformance with the Association's by-laws.
On behalf of the Turners we would also request that full
disclosure be made of "all properties , assets, rights, and obli -
gations of Park Land Associates, Inc. " which are to be assumed
by the homeowners' association pursuant to Paragraph c of Mr. Bruce
T. Barker's letter of September 18th.
To our knowledge, no disclosure has been made of the assets,
rights and obligations of Park Land Associates , Inc .
In view of the fact that there has been no disclosure to
individual homeowners of the apparently far reaching implications
of this matter, we would request that the Board postpone any
action until the proponents of the draft agreement can show
that the homeowners association has knowingly and voluntarily
consented to the proposed amendment.
• •
Board of County Commissioners
October 4, 1984
Page 2
Please be advised that the Turners plan to be present at
the October 17th meeting to discuss this matter further with
the Board.
Please feel free to contact the undersigned if there are
any questions raised by this letter .
Sincerely,
Karl F . Kumli , III
KFK:dr
cc: Mary Anne Feuerstein, Clerk and Recorder
and Clerk to the Board
Office of County Attorney
Attention: Bruce T. Barker
Tom David
County Attorney
b
NOTICE OF PUBLIC HEARING
Docket No. 84-62
Pursuant to the laws of the State of Colorado and the Weld
County Home Rule Charter, the Board of County Commissioners of
Weld County, Colorado , will conduct a public hearing on October
17 , 1984 , at 2 :00 p.m. , concerning an Amendment to the Parkland
Estates Subdivision Agreement. The hearing will be held in the
Chambers of the Board of County Commissioners of Weld County,
Colorado , Weld County Centennial Center, 915 Tenth Street , First
Floor, Greeley, Colorado. The proposed Amendment will set the
paving requirements at the following :
a. All streets within the Subdivision will remain at 40
feet in width, with the paved portion being 24 feet in
width.
b . All cul-de-sacs within the subdivison will remain at 130
feet in diameter , with the paved portion being 60 feet
in diameter.
BE IT ALSO KNOWN that the full text of the Amendment may be
examined in the Office of the Clerk to the Board of County
Commissioners , located in the Weld County Centennial Center , 915
Tenth Street , Third Floor, Greeley, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
By: Mary Reiff, Deputy
DATED: September 12 , 1984
PUBLICATION: September 13 , 1984 , and October 4 , 1984 , in the
La Salle Leader
P i
• 0
Affidavit of Publication
SATs OF COLORADO. ) g
County a//Weld. 1 .
L �i-G.cE'�� �Y of
said County at Weld. being duly sworn. say that
I et teb4 et al
that the same is a weakly newspaper of general NOTICE OF PUBLIC
HEARING
Ginkgo= tied �pnnt d published in the
c� Docket No.1144
to
wn el . Pursuant to the tali d are State et
in said county and state: that the notice or odwr '. C •�!ss Ws 1 Ce•oq clans
.dyBNesdCmyryCon
torment. of which the annexed is a true copy.
eWterrm� dIWIi Coenry,Celoeye,
. has been published in said weekly newspaper •
w19•s, •NeleMmt. 0.Oaebm
yleWe.m., n_erTa m
for / -:secslive N•se eteeited.A the Pained..th Tau
weeks: that the rmrce was published in the WI be b4i s Clantonmss.:
regular and ensue taws of every number of said SwrdalC�e NEer. b _u{1Wh1
newspaper during the period and time of publi- -em C d„.915 Tenth Cie
et,cation of said notice and in the newspaper FlOef.5.so.ceis-s:Th ep d
proper and not in a supplement thereat: that the Mneedmmt ;Steen Nit*emrmtm:ee ra the btt^•'•rs;
--
lint publication of said notice was contained in
the apse of said newspaper bearing dwell r We pkiefeet le Mil&nth the
SWIdwYon
13 day of�.^... ssue , yam. M aids a Padanetellil hot m rest.
me
and the last pubilzaten thereof, m t issue oi sloe all remem et Me Ste edemeir
sler
aewspcperi beurmg date,i..9:
th,e/ day a: darer.+•w coeliac 41y se lay b
an be eeeosth-
.�"�^'*�` � • 19 Y3•• than the said ASH R St�pwN tsy ty SW
.cxi C? al lu the OlBe.el the ape ktthe
aCityre-Cwetymyrw anted mthe
has been published continuously and uninterrupt• w Came Tenth Stant,� Gnaw,
Ceeet. 916
sdly during the period of at least Iiltytwo cote steno. •
eruhw weer nest prior to the first issue thereat BOARD OF Sopy
u
wry
containing said notice or adverilesment above
referred tr. and that said newspaper was at the
ivOD�01v1'Y. D°
BY:MARY ANN
time of eel of the publications d said notice. COutrty CLERK AND N.
duly qualified for that purpose within the mean- AND CLERK TO MB BOARD
inn of as act entitled. "An Act Concerning Legal ar Wry Re"De
Notices. Advertisements and Publications. and IEDflemeeper 2,lyys
the Fees of Printers and Publishers thereof. and FusuCATI0R s el ohm e3,1
eod O
sae
to Repeal all Acts and Parts of Acts in Conflict - lode.
with he Provisions of this Act"approved April 7. .
1921. and all amendments thereof. and particu•
lady as amended by an eat approved. March 30.
a71- d an act approved May 18. 1931.
Cr Publisher
Subscribed card sworn to before me this.. --L—
day arm..' e+e.-C. A.D. 19.
My ccmmtsun expires N Zct — ---
Notary Public
e I
•
Affidavit of Publication
S.A.—a OF COLORADO. 1 ,l. ,_{ . .
County el Weld. ). - ...
Paul Massey et
said County e! Weld. Laing duly swam. say that
1 am =blather el LEGAL NOTICE 1.
• La Salle Leader Nonce a nsnlc'tuu,,o '
boast No.Ma.
than the sam. is a weekly newspaper at general
dralleuon cad panted and published in the Fta.rp t!di!W.or the Sips a(`
Colorado ad the Weld Cooly Heat.
La Salle ReleChlisucwweretc«pbce..'
town al obstmas al%M Syrup, Colorado.
in said county and state•. that the notice or ad.er eel ct 944.p! bowleg on October
=meant. d which the annexed is a true :spy rrrdmeat TM F !!::.
utopia
has been published in said weekly newspaper ,
soeaadat s tae Ppi1_ltod i-
gm be Sea areas d CM
!err twn 7!9ma78991EIC BemdelCaseltOlemissisititeasComa
Celeigkillaitgisivesaire
weeks: that the nonce was published in the alai Catr, 115 le i4 Pim
regular and enure issue of every number at said Hoot.Gave.,Cake&illi psslieill
newspaper dung the pennd and time of publi- asemeeri es0 set the paths ij
cation of said notice and in the newspaper
e. Al indrbtitsr the tieadltatr:+
proper and not n a supplementthereetr titan the ors resritr*St la t go
lint publication el said nonce was contained in Poled wmatMg le het it •
the issue of said. newspaper beeline date the e• ARatfi4+Ms-SM the M*5
doe eitI isse= rIPASa�iamts=
13 t of September A.D.. 19 8L! with de PBS PA=,bgyesaptr
end Lhe last pubii."anen there:L torso* of e
said aewapeper betarng date. the day 5 RE Ita !t ea be
tort eSMMriild step be ma*
October !a 811: that the said d smessegie
. Weld Ceestr Caitetd Cater, !1!
La Salle Leader �.�"'R°Floor, ,QS
has been published continuously end =interrupt. BOARD OF cowry
c7bY,Cotoesso
edly during the period d at least lihyiwa rob• webCOONTv,COLORAbb
secstwe weeks next prior to the first issue thereof BY:MARY MY't FEUERSTPIII,-
containing said notice or adverhsement above 'COUNTY Call*ANDRECORDER
relened tat and that said newspaper was at the AlIQ CLERIC TO THE BOARD
time d each of the publications of said natter. -Rp>M.it Rd(,NIPS duly qualified lot that purpose within the mean puss tateii is. Is,
ing of an act. entitled. "An Act Canning Legal W Octets 4, 116 In the la Sale
itatian. Advertisements and Publications. and -
the Fees at Printers aid Publishers thereof. and
la Repeal all Acts and Parts S Acts in Conflict .
with the Ptovisicus ol this Act."approved April 7.
1921. and ell amendments thereel. and portico-
larly es amended by as ea ap ed. March 30.
1953. an bet c—prev= 18. 1931.
Usher
2CZ-•
Subscribed and sw rn ? before me this n��
der el ` -'!'"L/(��^^ AD.. 19LF.�(
My cummaston erpires . (O - /'e51>eT ---
Notary Public
r- I .
a •
STATE OF COLORA00 ) CERTIFICATE OP AFFIDAVIT
dd. OF NON SERVICE
County of Weld )
t
I hereby cen,tify that I am oven the ape of eighteen yeand and not
a panty to th,i,d action, and that the defendant, Ro&'ert Elliott, Jr.
named .in the within letter
after lift/gent eeanch and inquiig, cannot he found .in the County of
Jefferson Colon/ado, and netunn is made thi.d 25th day, of octo1*r
Iggt., war not at address given, 11807 Jackson Cir. , Thornton, Co.
no one in house at time of service on Octo' er 16,1084.
X PaViSter; Sa
Subcnibed and dwonn to be f one me th.i.d 25th clay of October
19 84
My commied.Lon expixed: May 29,1987
4r—
Potting Public
1519 28th. Avenue Court
Gneefey CoWoxado 80631
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