HomeMy WebLinkAbout962446.tiff MEMORANDUM
• 4giP7, `;;
TO: Board of County Commissioners September 6, 1996
WiiP C. From: Todd A. Hodges
COLORADO
SUBJECT: On-site improvements agreement for case S-381 submitted by Roy Lundvall
pertaining specifically to the parks located in the Hill n Park 3rd and 4th filings.
Department of Planning Services and the Attorneys office have reviewed the submitted items
concerning the on-site improvements agreement for the Hill-n-Park Fourth Filing along with
previously submitted packets. At the last public meeting in February the Board of County
Commissioners accepted the proposed layout of the park and most of the improvements but
continued the case for the applicant to submit a more suitable proposal for the type and
maintenance of the grass located in the play areas of the parks located in the 3rd and 4th filings.
The proposal includes an additional sum of $6000.00 to be held as collateral for contributions
towards installation of an irrigation system and seeding for the parks located in the 3rd and 4th
filings of West Hill-N-Park. The proposal also includes an agreement to dedicate four additional
water taps, one for each park in 3rd and 4th filings for a total of eight taps for the parks. The
collateral will be held until the creation of a Special District if formed prior to December 31, 1999.
The funds will be released to the applicant if time expires or will be contributed to the Special
District of formed prior to December 31, 1999, for the purpose of further improving the parks in the
• 3rd and 4th filings.
Staff recommends acceptance of the on-site improvements agreement coupled with the
commitment for an additional sum of $6000.00 and four additional water taps after the following
conditions have been met :
1. The smaller park located in the 4th filing shall be completed by having backfill placed around
the perimeter of the pea gravel inclosure.
2. Street signs shall be placed at all intersections located in the 4th filing of Hill n Park.
Department of Planning Services' staff feels that the above comments and conditions are in
compliance with the Board of County Commissioner's resolution for the West Hill-n-Park Fourth
filing Final Plat, approved August 30, 1995.
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SEP, 4 ' 96 14: 10 FROM WELD COUNTY GOVT PAGE . 003
• ADDENDUM TO ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENT WITH WEST HILL-N-PARK IN
FOURTH FLING
WHEREAS,the Board of County Commissioners by resolution of February 28, 1996,
has previously approved all portions of the submitted On-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements(Publicly Maintained Roads)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and West Hill-N-Park,Inc.,for the fourth filing except for the
planting plan which was denoted as 2.B..of the staff comments of February 27, 1996 which
corresponds to paragraph 2.B.of the comments of then counsel for the applicant Kenneth Lind in
his letter of February 26, 1996,and
WHEREAS,the parties_agree to address the issue of grass planting for play area in the
• four park areas in West Hill-N-Park,third and fourth filing,by means of this addendum,and
WHEREAS,the parties anticipate that the homeowners through the homeowners
association,through a voluntary program or through a more formal process, such as a special
district(pursuant to Title 32 C_R.S.)may, in the future,become more involved in the
maintenance of the parks but are not currently sufficiently organized and lack sufficient financial
resources to provide maintenance of the parks,and
WHEREAS, in order to form a special district which includes West Hill-N-Park,third
and fourth filings,the time required to obtain approval of the service plan,District Court
approval,election and subsequent levying against the properties,will prevent the District from
•
09/04/96 13:13 TX/RX N0.4951 P.003
SEP. 4 ' 9G 14: 10 FROM WELD COUNTY GOVT PRGE . 004
• obtaining revenues prior to the year 1999 for taxes assessed in 1998.
THE PARTIES THEREFORE COVENANT AND AGREE AS FOLLOWS:
1. That the grass planting plan for the parks in paragraph 2.B. will be acceptable at
this time contingent on the opportunity for the homeowners to develop a long
term program for maintenance and watering as set forth in this agreement.
2. The additional sum of$6,000.00 will be held as collateral for contributions
towards installation of an irrigation system for the areas shown as"Park area to
be seeded"in the map attached to the Park plans for third and fourth filing will be
held until the creation of a Special District if formed prior to December 31, 1999,
• or December 31, 1999,whichever is later in time. The funds will be held in an
interest-bearing account with interest payable to applicant,released to the
applicant if time expires or will be contributed to the Special District if formed
prior to December 31, 1999,for the purpose of further improving the parks.
3. That the West Hill-N-Park,Inc. agrees to dedicate four additional water taps,one
for each park in third and fourth filing for a total of eight taps for the parks,which
taps have been allocated to West Hill-N-Park,Inc.by the City of Evans provided
that the additional four taps may not be reallocated unless accompanied by a
resolution of the Board of County Commissioners approving such reallocation
prior to January 1,2000. West Hill-N-Park,Inc. shall provide confirmation from
•
09/04/96 13: 13 TX/RX N0.4951 P.004
SEP 4 ' 96 14: 10 FROM WELD COUNTY GOVT PRGE . 005
• the City of Evans that such allocation has occurred and that the City will not
reallocate except in conformance with the agreement.
4. West Hill-N-Park Inc_ and its principals as individ»lc agree not to oppose the
creation of a Special District by means of litigation contesting the approval of a
service plan by the Board of County Commissioners or the setting of the matter
for election by the District Court. This shall not preclude commenting at the
Board of County Commissioners hearing regarding the Service Plan.
DATED this day of , 1996.
ATTEST: WELD COUNTY, COLORADO,BY AND
THROUGH THE BOARD OF COUNTY
Weld County Clerk to the Board COMMISSIONERS OF WEI D COUNTY,
COLORADO
BY: BY:
Deputy Clerk to the Board Barbara J.Kirkmeyer,Chair
APPROVED AS TO FORM AND CONTENT:
BY: �m�j�,// FOR: \
�����orney for W�Sf -N-Park, West N- Inc.(Title)
09/04/96 13: 13 TX/RX NO.4951 P.005
SEP 4 ' 96 14: 11 FROM WELD COUNTY GOVT PAGE . eos
P �
TO: HOMEOWNERS OF LOTS LOCATED IN WEST HILL 'N PARK
• FIRST, SECOND AND THIRD FILING, WELD COUNTY, COLORADO
The Weld County Board of County Commissioners has under consideration an issue
regarding the improvement conditions for the property set aside as parks located in West Frill 'N
Park Third and Fourth Filings. An issue has arisen as to whether Weld County should require
a small part of each park to be covered with lawn-type grass, which requires irrigation, mowing
and other maintenance.
In order to require lawn-type grass in the improvements agreement, Weld County needs
to verify that the homeowners are willing to incur the expense of continuing maintenance. Unless
the homeowners are willing to pay for maintenance, nothing would be gained by requiring
installation of the grass.
The developer has advised that it has contacted a lawn care service which has provided
an estimate of current maintenance expenses. The current estimate of expenses, including
irrigation water, mowing, fertilizer and other lawn care to be $8,000.00 per year. This then
equates to approximately $20.00 per year for each lot There is, of course, no guarantee that it
will not increase in the future or that this estimate is precisely correct
Weld County has been advised by the developer that a homeowners' association has been
formed which will ultimately hold title to the park property. The homeowners' association,
however, has no right to enforce the assessments for the park care against the lot owners.
Additionally, it is essential that all or most of the homeowners agree to pay their ratable share
• of the assessments, for otherwise, the cost per lot will increase significantly.
Weld County is attempting to determine the number of lot owners which will voluntarily
agree to pay their ratable share of the assessment for the park care. Attached is a form which
Weld County requests that you complete and return within ten (10) days indicating whether or
not you will agree to grant to the homeowners' association the right to assess your property with
its ratable share of the park maintenance expenses. If you do not return the completed form
within ten (I0) days, this will be treated as an expression by you that you will not agree to want
the homeowners' association the right to assess against your property the ratable share of the
expenses and to have lien rights against your property to enforce the assessments, If you
affirmatively indicate that you are willing to enter into an agreement granting the homeowners'
association the right of assessment and enforcement of the assessment by liens against your
property, then you should indicate the number of lots which you require participate before you
are willing to agree.
For your information there are 398 lots within West Hill 'N Park First, Second, Third and
Fourth Filings. If less than all of the lots participate, your ramble cost will increase and
accordingly, you should indicate on the attached form the number of lots that must participate
in the park care expenses before you are willing to grant to the homeowners' association the right
to assess your property and enforce the assessments by placing liens upon your property_
very truly yours,
•
09/04/96 13:13 TX/RX NO.4951 P.006
SEP 4 ' 96 14: 11 FROM WELD COUNTY GOVT PRGE . 007
TO: WELD COUNTY, COLORADO
•
RE: AGREEMENT TO PARTICIPATE IN MAINTENANCE EXPENSES
INCURRED BY WEST HILL 'N PARK HOMEOWNERS' ASSOCIATION
FOR PARK MAINTENANCE AND CARE EXPENSES
The undersigned, Ovmer(s)of Lot .Block .West Hill 'N Park
Filing, Weld County, Colorado, hereby agree(s) that I/we will pay to West FEB 'N Park
Homeowners' Association a prorate share of all park maintenance and repair expenses and that
I/we will grant to West Hill 'N Park Homeowners' Association the right to make periodic
assessments for such maintenance and care of the parks and will grant to West Hilt 'N Park
Homeowners' Association the right to enforce any assessments by placing liens against our
property
This agreement is valid only if the homeowners of . lots agree to participate.
PLEASE PRINT NAME(S);
• SIGNATURE(S) OF HOMEOWNER(S):
WARNING:
'IBIS MAY BE AN ENFORCEABLE CONTRACT AND IN THE EVENT THAT
YOU ARE UNCERTAIN AS TO THE TERMS AND PROVISIONS, YOU SHOULD
CONSULT LEGAL COUNSEL OF YOUR CHOOSING.
.
09/04/96 13: 13 TX/RX NO.4951 P.007
SEP 4 ' 96 14: 12 FROM WELD COUNTY GOVT PRGE . a08
• TO: HOMEOWNERS OF LOTS LOCATED IN WEST HILL 'N PARK
FIRST,SECOND AND THIRD FILINGS,WELD COUNTY,COLORADO
The Weld County Board of County Commissioners has been considering issues regarding
improvement requirements for the property set aside as parks located in West Bill'N Park Third
and Fourth Filings. The last remaining issue is whether Weld County should require a small part
of each park to be improved with grass which requires irrigation,mowing and other maintenance.
It appears that there is no established procedure whereby the homeowners'association can
levy assessments and place liens upon the property of the homeowners for collection of the
ratable share of the maintenance costs. It would,of course,not be advisable to require this type
of improvement unless most,if not all,of the homeowners in First, Second and Third Filings of
West Hill'N Park agree to contribute their ratable share of the mainten,mc.cost.
The developer has advised that it has contacted a lawn care service which has provided an
estimate of current maintenancce expenses. The current estimated expenses,including irrigation
water,mowing,fertilizer and other care to be$8,000.00 per year. This then equates to
approximately$20.00 per year for each lot. There is, of course, no guarantee that it will not
increase in the future or that this estimate is precisely correct This also assumes that all of the
lot owners in First, Second and Third Filings contribute their ratable share. If less than all of the
• lot owners paid their share,the cost to the remaining lot owners would increase.
Accordingly,the Board of County Commissioners is presently inclined to not require
improvements which have high maintenance costs. However, if all of the lot owners in West Hill
'N Park First, Second and Third Filings would agree to assessment and liens against their.
property for the collection of the assessments,together with an expression from all of the lot
owners that they wish a high maintenance covering to be estabi kiwi Weld County may
reconsider_
If the homeowners of West Hill'N Park First, Second and Third Filings agree to
implement an assessment and collection procedure and advise Weld County within ten(10)days
from the date of this notice,it is the County's present intention to approve the improvements
agreement, requiring only low-cost maintenance covering.
Very truly yours,
•
•
09/04/96 13: 13 TX/RX NO.4951 P.008
SEP 4 ' 96 14: 12 FROM WELD COUNTY GOUT FRGE . OS
TO: WELD COUNTY,COLORADO
• RE: AGREEMENT TO PARTICIPATE IN MAINTENANCE EXPENSES
INCURRED BY WEST HILL 'N PARK HOMEOWNERS'ASSOCIATION
FOR PARK MAINTENANCE AND CARE EXPENSES
The undersigned, Owner(s) of Lot _ Block West Hill'N Park
Filing, Weld County, Colorado, hereby agree(s) that I/we will pay to West Hill 'N Park
Homeowners'Association a prorate share of all park maintenance and repair etpenses and that I/we
will grant to West Mill'N Park Homeowners'Association the right to make periodic assessments far
such maintenance and care of the parks and will grant to West Hill 'N Park Homeowners'
Association the right to enforce any assessments by placing liens against our property.
This agreement is valid only if the homeowners of lots agree to participate.
PLEASE PRINT NAME(S):
• SIGNATURE(S)OF HOMEOWNER(S):
WARNING:
THIS MAY BE AN ENFORCEABLE CONTRACT AND IN THE EVENT THAT
YOU ARE UNCERTAIN AS TO THE TERMS AND PROVISIONS,YOU SHOULD
CONSULT LEGAL COUNSEL OF YOUR CHOOSING.
•
09/04/96 13:13 TX/RX NO.4951 P.009
SEP 4 ' 96 14: 13 FROM WELD COUNTY GOVT PRGE . 010
EXHIBIT "A"
• Subdivision: West Hill'N Park
Filing: Fourth
Location: Part SW%,Section 26,Township 5 North,Range 68
West of the 6th P.M.,Weld County,Colorado
•
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat dated , 19 recorded on
,19_,in Book ,Page ,Reception No.
the following improvements:
Estimated
Construction
Jmprovements Unit Cost Cost
Street grading Completed
Street base Completed
Street paving Completed
Curbs,gutters and culverts Completed
Sidewalk N/A
• Storm sewer facility Completed
Retention ponds Completed
Ditch improvements N/A
Subsurface drainage N/A
Sanitary sewers Completed
Sanitary sewers Completed
Truck and forced lines Completed
Mains Completed
Laterals(house connected) N/A
On-site sewage facilities N/A
On-site water supply and storage N/A
•
09/04/96 13:13 TX/RX NO.4951 P.010
SEP 4 ' 96 14: 13 FROM WELD COUNTY GOVT PRGE . 011
•
Water mains(includes Bore) Completed
• Fire hydrants Completed
Survey and street monuments and boxes Completed
Street lighting To be constructed by Public
Service as homes constructed
Street name signs Completed
Fencing requirements Completed.
Landscaping(north boundary) Completed
Park improvements,including maintenance
(Third and Fourth Filings) Completed
Road culvert Completed
Grass-lined Swale N/A
Telephone Completed
Cias Completed
•
Electric Completed
Water transfer Completed
Agreement for four additional water taps Agreement attached and to be
confirmed by City of Evans
47th Avenue barrier-Completed maintenance $200.00
Payement to Special Recreation District,
if formed prior to December 31, 1999 $6,000.00
SUBTOTAL $6,200.00
Engineering and supervision costs(included above);testing,inspection,as-built plans and work in
addition to final plat supervision of actual construction by contractors.
TOTAL ESTIMATED COST OF NON-COMPLETED
IMPROVEMENTS AND SUPERVISION $6,200.00
2
•
09/04/96 13: 13 TX/RX NO.4951 P.011
5EP 4 ' 96 14: 13 FROM WELD COUNTY GOVT PfGE . 012
• The above improvements shall be constricted in accordance with all county requirements and
specifications,and conformance with this provision shall be determined solely by Weld County or
its duly authorized agent Said improvements shall be completed according to the construction
schedule set out in Exhibit"B".
WEST HILL'N PARK,INC.
By
ATTEST: Roy Lundvall,President
John L. Shupe,Secretary
•
3
•
** TOTAL PRGE . 012 **
09/04/96 13: 13 TX/RX NO.4951 P.012
f
WELD COUNTY ATTORNEY'S OFFICE
a PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET GREELEY, COLORADO 80632
CJuly 3, 1996
COLORADO Weld Co,lnty punning 0
Sam Oldenburg
ePt
Karowsky, Witwer, Miller& Oldenburg a 1996
760 Bank One Plaza JUL O
Greeley, CO 80631 CEIV ED
Dear Mr. Oldenburg:
Enclosed is copies of some of the more recent relevant correspondence as well as the Improvements Agreement
submitted by your predecessor with the attached schedules which are currently the subject of the Board's
consideration. Rather than attempt to redo the entire agreement, I have submitted a brief addendum to the
Agreement which hopefully will not further confuse the process. I recognize that some of the items listed in
the cost estimates marked as Exhibit"B" may in fact have been completed and the County would consider
accepting those as complete and not require further collateral for construction of those items which have been
completed. Mr. Hodges of the Planning staff, has recently inspected the parks and can provide more detail as to
the current completion status(353-6100 x 3558). I would suggest that you and your client resubmit those
exhibits for those items you believe have been completed. In particular, the item pertaining to park equipment,
with the exception of sand boxes, previously installed could be at least partially deleted.
The time frame I have suggested takes into account the unlikelihood of a petition, service plan, court approval
and election occurring in the year 1996. The homeowners have indicated that they don't believe that such an
expedited process is feasible at this time but that they would hope to be in a position to pass petitions and go
through the process for an election in the year 1997. Unfortunately,the Amendment One process requires such
elections to take place in November and any new tax levy created after May of a given year has to wait until the
following year before the assessor can assess the property. Therefore, a district approved in November of 1997
can only begin to levy taxes in the year 1998 and collect those in the spring of 1999.
Thank you for your continued efforts in this matter. Please be advised that although I have drafted this
Agreement, this is not a representation on my part that the Board of County Commissioners has taken any
position on this approach, but that this is done as a means of expediting the process. The matter will be
considered by the Commissioners at a public meeting with appropriate public notice and opportunity for
comment.
Your r y,
22/61'1-
/ Le D. Morrison
Assistant Weld County Attorney
LDM/db:Let/Samo
Enclosures
ADDENDUM TO ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENT WITH WEST HILL-N-PARK IN
FOURTH FILING
WHEREAS, the Board of County Commissioners by resolution of February 28, 1996,
has previously approved all portions of the submitted On-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and West Hill-N-Park, Inc., for the fourth filing except for the
planting plan which was denoted as 2.B. of the staff comments of February 27, 1996 which
corresponds to paragraph 2.B. of the comments of then counsel for the applicant Kenneth Lind in
his letter of February 26, 1996, and
WHEREAS, the parties agree to address the issue of grass planting for play area in the
four park areas in West Hill-N-Park, third and fourth filing, by means of this addendum, and
WHEREAS, the parties anticipate that the homeowners through the homeowners
association, through a voluntary program or through a more formal process, such as a special
district (pursuant to Title 32 C.R.S.) may, in the future, become more involved in the
maintenance of the parks but are not currently sufficiently organized and lack sufficient financial
resources to provide maintenance of the parks, and
WHEREAS, in order to form a special district which includes West Hill-N-Park, third
and fourth filings, the time required to obtain approval of the service plan, District Court
approval, election and subsequent levying against the properties, will prevent the District from
obtaining revenues prior to the year 1999 for taxes assessed in 1998.
THE PARTIES THEREFORE COVENANT AND AGREE AS FOLLOWS:
1. That the grass planting plan for the parks in paragraph 2.B. will be acceptable at
this time contingent on the opportunity for the homeowners to develop a long
term program for maintenance and watering as set forth in this agreement.
2. The additional sum of? will be held as collateral for contributions towards
installation of an irrigation system for the areas shown as "Park area to be
seeded" in the map attached to the Park plans for third and fourth filing will be
held until the creation of a Special District or assumption by homeowners of
maintenance of the parks or December 31, 1999, whichever is later in time. The
funds will be released to the applicant if time expires or will be contributed to the
Homeowners or to the Special District for the purpose of further improving the
parks or maintaining the parks.
3. That the West Hill-N-Park, Inc. agrees to dedicate four additional water taps, one
for each park in third and fourth filing for a total of eight taps for the parks, which
taps have been allocated to West Hill-N-Park, Inc. by the City of Evans provided
that the additional four taps may not be reallocated unless accompanied by a
resolution of the Board of County Commissioners approving such reallocation
prior to January 1, 2000. West Hill-N-Park, Inc. shall provide confirmation from
the City of Evans that such allocation has occurred and that the City will not
reallocate except in conformance with the agreement.
3. West Hill-N-Park Inc. and its principals as individuals, agree not to oppose the
creation of a Special District by means of litigation contesting the approval of a
service plan by the Board of County Commissioners or the setting of the matter
for election by the District Court. This shall not preclude commenting at the
Board of County Commissioners hearing regarding the Service Plan.
DATED this day of , 1996.
ATTEST: WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
Weld County Clerk to the Board COMMISSIONERS OF WELD COUNTY,
COLORADO,
BY: BY:
Deputy Clerk to the Board Barbara J. Kirkmeyer, Chair
APPROVED AS TO FORM AND CONTENT:
BY: FOR:
Attorney for West Hill-N-Park, Inc. West Hill-N-Park, Inc. (Title)
M:\Planning\Hi I Inpark.db
JUN 21 ' 96 17: 05 FROM WELD COUNTY GOUT PRGE . 001
, Planning Dept• �O Weld Gr i lnty CITY OF EVANS, COLORADO
JUN 2 4 1996 RESOLUTION NO. 14-1996
THE AGREEMENT FOR TRANSFER OF OWNERSHIP OF THE
H :C t P ATER SYSTEM LOCATED IN ARROWHEAD, HELL-N-PARK
AND WEST HILL-N-PARK
WHEREAS, an agreement for transfer of the ownership of the Domestic Water System
located within the subdivisions of Arrowhead, Hill-N-Park and West Frill-N-Park, all located outside
the City limits of the City of Evans, has been presented to the City Council for approval, and
WHEREAS,the City Manager and the City Attorney have represented to the City Council
that all;eriabztents-of the City for aa;,eptant:1.-f the transfer of such WateSyst_hswebeenmet .- . --
by the owners, and
WHEREAS, the City Manager and the City Attorney have recommended that the City
Council approve the execution of the aforementioned agreement, and
WHEREAS,the City Council believes it to be in the best interests of the citizens of the City
of Evans that the domestic water system serving Arrowhead;Hill-N-Park and West Hill-N-Park be
incorporated into the domestic water system of the City of Evans.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Evans that
1. The attached Agreement for Transfer of Ownership for Domestic Water System is
hereby approved and that the Mayor and the City Clerk are hereby authorized to execute the same.
2. All rules and regulations that apply to domestic water within the City of Evans shall
also,to the same extent,apply to users of the system located in the subdivisions of Arrowhead,Hill-
N-Park and West Will-N-Park, including,but not limited to, prohibitions of cross connection, lawn
watering limitations, prohibitions front the use of auxiliary pressure systems and pumps, penalties for
violations of the rules and regulations,surcharges for excess use,the rights of inspection, maintenance .and repair,and any other water conservation standard deemed n.rreeary to protect the health, safety
and welfare of the citizens and customers of the City of Evans water system.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans
on this 7th day of May - 1996.
CITY OF EV S, COLO
By:
A ST: - Post-ire Fax Note 7671 Dare 1iputes,
Cc r
co"roe PIP��p./n ✓I r/`. o°.
City Clerk Pnooe# ) 'Plume#
Fax# Fax*
** TOTRL PRGE . 001 **
06/21/96 16:09 TX/RX N0.4327 P.001
`'tIrlty lann ue .
MAY 15 ' 9E 10: 22 E oM "tuE" " C POUNTinYg GOUTpt PAGE . 001
MAY 16 1996
4° IVED
6 WELD COUNTY ATTORNEY'S OFFICE
rat ct
PHONE: (970)356-4000, EXT. 4391
FAX:(970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
WI IWIND
C FACSIMILE MEMORANDUM
COLORADO
CONFIDENTIAL
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TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS
PRIVILEGED.CONFIDENTIAL AND EXEMPT FROMDISCLOSURE_UN12,E• APPLICABLE
LAW IF THE READER OF THIS FACSIMILE IS NOT THE INTENDED RECIPIENT NOR
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IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE
ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU.
This message consists of 3 pages plus this cover sheet.
SENT: Date: May 15, 1996
Time: 11:25 a.m.
PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Todd
COMPANY: Department of Planning and Zoning
FAX NO.: 352-6312
FROM: Lee Morrison EXT: 4395
COMPANY: Weld County
PHONE#: (970)3564000
FAX#: (970)352-0242
05/15/96 10:31 TX/RX NO.4035 P.001 U
MAY 15 ' 36 10: 22 FROM WELD COUNTY GOVT PAGE . 002
7Y1 BY:KIPI10'S GREELEY II 5-14-98 1942 ktako's greeley II-3044520242 ;# 1/ 5
Id' fa Cover sheet
Your branch mice
3607Vw< IOd►Street'GreelaF
CO 80634 -Telephone(9970) 356-2664 •Foc(470) 356-1208
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MAY 14 '96 18:47 S033561808 PRGE. 001
05/15/96 10:31 TX/RX NO.4035 P.002
MAY 15 ' 96 10: 23 FROM WELD COUNTY GOUT PAGE . 003
SFNT BY:KINK0'S GEEE1.>Y Ii ; 5-1496 ; 19:42 ; kl ski's greetey lI-O033520242 ;S 2/ 9
TO: HOMEOWNERS OP LOTS LQCA.1tD IN WEST HIM'N PARE
Ernst,SECOND AND THLRD,WELD tvun s Y,COLORADO
The Weld Coen& Board of County (`.ommairiooera has under caasidoradnn an leant regarding the
impeavemeat mediums Sr tie property set aside as perks located in Wert Hill'N Park Third and Fourth Pigs.
An iaa s has algae as to wbaber WeldCountysha ld require a small pert afeach part to be covered for lawn-type
gems play araaa or some ether more durable play sadace which requite mowing and other maintenance such as
requiring litigated areas.
Tn order to raga lawn-type gra in the improvements agreement,Weld County needs to verify that the
homeawi m,mowillingbincurteexpe se of contain*inalenance. Unless tie hameowae sntwalingtopay
for maintenance,nothing weeld be gained by ramming itmlalletiaa of the grass.
The developer has advised that itlascosueteda lawn tote stake which his provided=estimate',foment
mai tenaeeae oepmsea. TS owaa t estimate afexpense;including irrigation war,mowing,frtiliar,and other
lawn care is SS 000.00 per year. This that equates to appraadmate&S20.00 per year Sr each lot. There is,of
course,no gametes that it will not increase in the future or that this estimate is precisely acct.
Weld County is bees advi e d by the devdoper tut a bomeow nets association has been foamed vett wril
Ilhanaltil holdtitle to lit pink roper%uptothe present,this bcmcawncee asotaalionhes been operated by the
developer. 1k homeowner's association,however,has questionable authority to directly sea the asseaEimts
for the peek care against the lot owners by mess ofa lies The County canoe support any further installaticnt of
grass(beyond that wbiah presently exists)alms the property erasaA ate io accept twpotsDllity ofearing Sr the
genes. Weld County is asking the p.vputy owners Sr their input on,al 1W their potential commitment to help
maintain packs in your as This queatiomaire is on the next page.
Please complete and slum the questionnaire within ten(10)days indication your support for,and your
commitment to share in the coats of meiaaeannee of the Lwa-type grass_ Ilya do not aim the questionnaire
within ten(10)days,Weld Canty will saaane you me not in support of Is lawn-type gass,wdler you choose not
to shale she costs a(maienaaoee.
As stated above,the>lameowuer's association hesbamsaletainedby the developer uppto this time. Weld
Coat&is swam that some homeowners me organizing the proms to transition into control of this association Tilt
bomeawncr%association will allow all the property owners to make decisions such as the above,and main.the
expenses of maintaining the pantos and sumo areas You will be contacted early this steer with an
opportunity to become iavrlwd in this assaciatien Yon will have bather opportunity for input and support at that
times.
MAY 14 '96 18t48 3033581208 PAGE. 002
05/15/96 10:31 TX/RX NO.4035 P.003
MAY 15 ' 36 10: 23 FROM WELD COUNTY GOVT PRGE . 004
SENT BY INKO'S CREE EY II ; 5-14-96 : 18:43 : kinko's grotto)! 11-.3033520242 ;t' 3/ 3
Questionnaire,W 'NPnk Development
Do yaw want Hwy-type gran areas is the paths Mat are being developed! 0 Yes 0 No
Da you(the property owner)agree to sham the east of amdntammee 0 Yee ❑No
with the ether kememmars or west Ki'N Park or gram lawns btdsPed
by the developer&flown-type gram Is installed is the perks that are being developed?
(For year Info mut$a,there am 39n tots in the West Hid'N Park First,Second,
Third,and Fourth Map-tt would be aasaaaad that all or a majaetty Star
honseewnns would be flaring in the aeoeaaary awn)
Responding tots goaf;o®ae does not bind you to payment Weld County does need to lmaw that you would
be in support of and prepared lo sustain the costs of the park wan mrdeaaoee.
Please Print Name
Address:
Pirasc Sign:
MAY 14 '9G 18:48 3033561208 PAGE .003
** TOTAL PAGE . 004 **
05/15/96 10:31 TX/RX NO.4035 P.004 •
MRY 1 ' 96 15: 24 FROM WELD COUNTY 60VT PRGE . 002
NAY-61-98 14.38 PRON.RWKO 1nsU7031123166 PACE 2/4
KAII.OWSKY, WITWERI MILLER & OLDENBURG, LLP
AITPMPC9a AT LAW
0-9111RC SATE>W
slew f_w1.won.A '.0 Oa 1tl> JAmmA1e JOHNSON
����..y 4VRT R.*444
f A amen ea .g..W SKSSZ-14O7
R MY MM/Ml�1s
20 WRY OR>1 NfdNf{,
mInOWMA Wn0 0000 021200A4
so•n
May I,lishoialeclOMACQ
Lee Methane
Weld County Attorneys Office
P.O.Box 1948
Charley,CO 80632
Re: West BM'N Padc
Deer Let
I am enclosing a proposed letter to be forwarded to the homeownersflat ersoPW'eac14"li I2d Park First.Second and
Third Pilings. I believe this letter includes the content that was generally agreed upon at the meeting last
week. However,Wynn think any changes ace appropriate.Please make the ebsalgn and implement the
=Mag.
AsI have advised you on several occasions,delay inreaC4b1 wresohmolnentone improvement agreements
walreoltiag delay inlhike' gtht:itt and issuance afba7dinBP has maned and will continue to cause
•
West BEM Pack,Inc:substantial' damages- This matter hes already been delayed far in excess of what
is reasonable. Ilan not been involved in tie process until recently and perhaps some delay can be
attribasad io the developer,but these is rro cue fur adthlional delay. As I advised you,berate of ping
litigation,the delay has the l ofd atthe rate of$400.00 pa day. Accordingly,I Sc that
this matter be expedited.
I am advised that all oft re playground equipment will be installed within ten days and the developer is
Stalling pea gravel sound the playground equipment which should take cart ofthc high activity arras.
Very truly yours.
KAROWSICY,WITWBR,
OLDENBURO,LLP
Sam Ola
ten
Enclosure
cm Roy Iuadvall
John Shope
MAY 1 '96 14:34 9703523165 PAGE-002
05/01/96 15:32 TX/RX NO.3886 P.002
MAY 1 ' 96 15: 24 FROM WELD COUNTY GOVT PAGE . 003
MAY-01-96 14.37 PlDM.KWJMO MD.9703622165 PACE 3/4
•
•
TO: HOMEOWNERS OP LOTS LOCATED Di WEST St'N PARK
must SECOND AND THIRD THINGS,WELD cowrie;COLORADO
The Weld County Bawd of County Commissioners bas been considering issues regarding
Improvement requiters*Retse property set aside as paths located in West Biill'N Park Third
alai Fourth Filings. The lastremammg mews is whether Weld County should require a small plat
of each pair to be unwed with grass whichrequircs imitation,mo'wlag and other maintenance.
It Appears tins time ism established procedure whereby die homeowners'association can
levy assessments and place Haar upon the property of the homeowners for collection of the
ratable three of the maintenance costs. It would,of course,not be advisable to requite this type
ofampcovemout tallow most,ifnnt all,of the homeowners in Fast,Second and Third Filings of
West HIS'N Pads agree to contribute their ratable share of the maintenance cost_
The developer has advised that it has contacted a lawn care service which has provided an
estimate ofcement a aliaaemtlos expenses. The caacreat estalateed espenaes,iaiclnding irrigation
water,mowing,thrtilisrr and other care to be$8,000.00 per year. This then equates to
approximately$20.00 per year for each lot, Ilse is,of course,no gimcarmee that it will not
incense k the future or that tits estimate is precisely correct This also sans that all of the
lot owners in First,Second and Third Filiays corbiibnte their ratable share. If less Than all of the
lot ovens paid that share,the coat to the ramekin' s lot owners would increase.
Accordingly,U r Board of County Ommt aioners is presently inclined to not require
improvements which base high maio c costs. However,if all of the lit Owners in West HID
114 Prat Pratt,Seconii ad Third Pilings would agree to assessment and liens against their
property for are colloids of the assessments,together with an commis from all of the lot
owners that they wish a high maioteranee covering to be established,Weld County may
reconsider.
lft hs homeowners of West Hill'N Path First;Second and Third Filings agree to
ii pl me a an epemmeot and collection procedure and advise Weld County within ten(10)days
from the date of this notice,it is the County's present intention to approve the irmpvveo>eats
agteeme s,emit only law oostmnertanee covering.
Very truly yours,
MAY I '96 14:34 9783523165 PAGE.003
05/01/96 15:32 TX/RX N0.3886 P.003
KAROWSKY, WITWER, MILLER & OLDENBURG, LLP
ATTORNEYS AT LAW aa``
822 7TH STREET.SUITE 760 Weld County Plannin&Do�ICE•JOHNSON
STOW L. MITVJER.JR. P.O. BO% 14O>WCURTIS R. SEARS
R SAM MR MILLER GREELEY, CO 80632-1407
407
JOHN RBURG
Y. BARRY (9701 352-3161 Cl1996
MARILYN J. DAVID APR 1 FACSIMILE(970)3 52-31 65 RECEIVED
April 8, 1996
-o E C1EPItY E
Lee Morrison j APR 0 9 1996
Weld County Attorney's Office
P. O. Box 1948
Greeley, CO 80632 WELD COUMFV
S OFF
Re: West Hill 'N Park
Dear Lee:
As we discussed,the acid test as to whether it is appropriate to require the developer to install lawn-type
yards in a part of the parks is to determine the willingness o wners to grant to the homeowners'
association the right to assess and collect each homecfwne ' 1 sh . I understand that the Board
of County Commissioners are inclined to require at l t 100 x 100' sq to be placed in a lawn-type
grass;however, I also understand that the Board of Co Commissio have acknowledged that it may
be a futile exercise unless some provision is made for perpetual care and maintenance. The only way I
know is to circulate the enclosed letter and agreement and determine the affirmative response.
As you know, the developer seems to think that not many homeowners would agree to incur any
significant expense because of past experiences. The only way I know that we can be certain is to
circulate the enclosed letter and agreement and see what responses are received. I would hope that the
letters could go out this week in order that this project be not further delayed.
As I advised you, I am representing_IV . Hill Inc., in an action filed by Baessler Construction,
Inc. Delay in resolving this issue by the County has d will impact this litigation. Accordingly, 1
request that the County act promptly-on this-m
I have no pride of authorship and there is no reason that the enclosed documents be precisely as drafted.
Accordingly, I have no objection to your changing some of the language if you deem it appropriate. I
would, however, like a copy of the final draft that is mailed to the homeowners.
Very truly yours,
KAROWSKY,WITWER,
MILLER & OLDENBURG, LLP
R. Sam Oldenburg
nn
Enclosures
TO: HOMEOWNERS OF LOTS LOCATED IN WEST HILL 'N PARK
FIRST, SECOND AND THIRD FILING, WELD COUNTY, COLORADO
The Weld County Board of County Commissioners has under consideration an issue
regarding the improvement conditions for the property set aside as parks located in West Hill 'N
Park Third and Fourth Filings. An issue has arisen as to whether Weld County should require
a small part of each park to be covered with lawn-type grass, which requires irrigation, mowing
and other maintenance.
In order to require lawn-type grass in the improvements agreement, Weld County needs
to verify that the homeowners are willing to incur the expense of continuing maintenance. Unless
the homeowners are willing to pay for maintenance, nothing would be gained by requiring
installation of the grass.
The developer has advised that it has contacted a lawn care s _ which has provided
an estimate of current maintenance expenses. The current estimate of xpenses, including
irrigation water, mowing, fertih r and other lawn care to bq $8,000.00 er year. This then
equates to approximately $20.00'pe year for each lot. There is..of course, no guarantee that it
will noiyttcrease in the uhlre_ at this estimate is precisely correct.
Weld County has been advised by the developer that a homeowners' association has been
formed which will ultimately hold title to the park property. The homeowners' association,
however, has no right to enforce the assessments for the park care against the lot owners.
r Additionally, it is essential that all or most of the homeowners agree to pay their ratable share
of the assessments, for otherwise, the cost per lot will increase significantly.
Weld County is attempting to determine the number of lot owners which will voluntarily
agree to pay their ratable share of the assessments for the park care. Attached is a form which
Weld County requests that you complete and return within ten (10) days indicating whether or
not you will agree to grant to the homeowners' association the right to assess your property with
its ratable share of the park maintenance expenses. If you do not return the completed form
within ten (10) days, this will be treated as an expression by you that you will not agree to grant
the homeowners' association the right to assess against your property the ratable share of the
expenses and to have lien rights against your property to enforce the assessments. If you
affirmatively indicate that you are willing to enter into an agreement granting the homeowners'
association the right of assessment and enforcement of the assessment by liens against your
property, then you should indicate the number of lots which you require participate before you
are willing to agree.
it iii'` - For your information there ar 398 is within West Hill 'N park First, Second, Third and
c Fourth Filings. : If less than all of the lots participate, your ratable cost will increase and
I accordingly, you should indicate on the attached form the number of lots that must participate
a i - III .in the park care expenses before you are willing to grant to the homeowners' association the right
(r (c to assess your property and enforce the assessments by placing liens upon your property.
Very truly yours,
TO: WELD COUNTY, COLORADO
RE: AGREEMENT TO PARTICIPATE IN MAINTENANCE EXPENSES
INCURRED BY WEST HILL 'N PARK HOMEOWNERS' ASSOCIATION
FOR PARK MAINTENANCE AND CARE EXPENSES
The undersigned, Owner(s) of Lot , Block , West Hill 'N Park
Filing, Weld County, Colorado, hereby agree(s) that I/we will pay to West Hill 'N Park
Homeowners' Association a prorata share of all park maintenance and repair expenses and that
I/we will grant to West Hill 'N Park Homeowners' Association the right to make periodic
assessments for such maintenance and care of the parks and will grant to West Hill 'N Park
Homeowners' Association the right to enforce any assessments by placing liens against our
property.
This agreement is valid only if the homeowners of lots agree to participate.
PLEASE PRINT NAME(S):
SIGNATURE(S) OF HOMEOWNER(S):
WARNING:
THIS MAY BE AN ENFORCEABLE CONTRACT AND IN THE EVENT THAT
YOU ARE UNCERTAIN AS TO THE TERMS AND PROVISIONS, YOU SHOULD
CONSULT LEGAL COUNSEL OF YOUR CHOOSING.
['OMMISSIONERS WORK SESSION NOTES• Tn i1 l l99 5
Dale Hall, Barbara Kirkmeyer, George Baxter, Connie Harbert, and Bill Webster
Staff: Vicky Sprague
Rill 'n Park Improvements Agreement: John Shupe and Glen Bechtholdt
Lee Morrison, Bruce Barker, Monica Daniels-Mika, Todd Hodges, and Jerry Alldredge
In the last public hearing regarding the Hill 'n Park improvements agreement, the
issue of parks was continued. The board asked the developers to design a
recreational facility. The purpose of this meeting was to discuss their plan.
Mr. Shupe proposed using dry land grass in the park due to a lack of water. He
is not willing to pay for maintenance of the grass. The homeowners want a better
type of grass but have not offered to pay to maintain it. The board advised Mr.
Shupe he needs to establish a viable homeowners' association. Mr. Shupe and the
association can then work out an agreement regarding the park. Another public
hearing must be held to be sure this condition of the permit is met.
cc: Commissioners
County Council
Don Warden
Monica Daniels-Mika
Todd Hodges
Lee Morrison
Bruce Barker
Jerry Alldredge Weld County Planning Dept.
APR 0 8 1996
RECEIVED
03/19/1996 14:55 303-353-6883 MOORE PAGE 01
WEST HILL 'N PARK, INC.
P. O. Box 632
Greeley, Colorado 80632
(970) 352-8730
We\d0 March 19, 1996
MPS�' �19g6
et)
Weld County e�
Building Inspection Department
1400 North 17th Avenue
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
Please be advised that Baessler Construction, Inc., is not authorized to apply for building permits
on any property located within West Hill 'N Park Third Filing. Our prior authorization dated
March 25, 1994, is revoked.
Very truly yours,
'N PARK, INC.
a
ift
Roy L dvall, President
03/19/96 14:56 TX/RX N0.3435 P.001
%zit cAliff-n- _Patk, grza.
P.O. BOX 929. GREELEY, CO 8O632 - 3O3-33O-4983
Weld County Planning department
1400 North 17th Ave
Greeley, CO 8063I
Attn: Mr. Todd Hodges
March 18 , 1996
RE: West Hill-n-Park
Filing 3 & Filing 4
Planned Parks
Dear Sir,
In reference to my letter dated March 11 , 1996 , I indicated
some additional items above what the original plans called
for. Please note one additional item; that the play area
will be filled with pea gravel .
Thank, you,
.. ;f:: _ _
John L. Shupe
Partner
Weld County Planning Dept.
MAR 1 9 1996
FECEIVED
Weld County Planning Dept.
EXHIBIT "A" MAR 1 9 1996
Name of Subdivision: West Hill-N-Park RECEIVED
Filing: Fourth
Location: Part of the Southwest One Quarter (SWM) of Section
Twenty Six (26) , Township Five (5) North, Range Sixty Eight (68)
West of the 6th P.M. , Weld County, Colorado.
Intending to be legally bound, the undersigned Applicant hereby
agrees to provide throughout this subdivision and as shown on the
subdivision final plat dated , 19 , recorded on
, 19 , in Book , Page No.
Reception No . the following
improvements .
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading Completed
Street base Completed
Street paving Completed
Curbs, gutters & Completed
culverts
Sidewalk n/a
Storm sewer facility Completed
Retention ponds Completed
Ditch improvements n/a
Subsurface drainage n/a
Sanitary sewers Completed
Sanitary sewers Completed
Trunk and forced lines Completed
Mains Completed
Laterals (house connected) n/a
F:\XFL\LUNDVALL\EXHIBIT.Al
PARKS AND VEGETATIVE BUFFER COST ESTIMATE
Parks - Third Filing - Completion on or before May 1, 1996
1 swing set $ 1, 106 . 00
1 606-P Poly Wave Slide $ 1, 536 . 00
1 pedestal picnic table - 6' long $ 629 . 00
1 pedestal picnic table - 72" square $ 665 . 00
2 concrete table mounting pads $ 110 . 00
2 galvanized, vinyl clad steel benches $ 524 . 00
9 shade trees 1 1/2" - 1 3/4" $ 1, 350 . 00
13 conifers 6' $ 1, 950 . 00
1 ground preparation, seed and
drip irrigation system $ 9, 460 . 00
2 12' x 12' sand boxes $ 1, 000 . 00
2 water taps Provided
TOTAL $18 , 330 . 00
Parks - Fourth Filing - Completion on or before May 1, 1996
2 swing sets $ 2, 212 . 00
1 606-P Poly Wave Slide $ 1, 536 . 00
1 pedestal picnic table - 6' long $ 629 . 00
2 pedestal picnic tables - 72" square $ 1, 330 . 00
3 concrete table mounting pads $ 165 . 00
2 galvanized, vinyl clad steel benches $ 524 . 00
13 shade trees 1 1/2" - 1 3/4" $ 1, 950 . 00
13 conifers 6' $ 1, 950 . 00
1 ground preparation, seed and
drip irrigation system $ 9, 040 . 00
2 12' x 12 ' sand boxes $ 1, 000 . 00
2 water taps Provided
TOTAL $20 , 336 . 00
Landscape Buffer (North) - Completion on or before May 1, 1996
34 6' Austrian Pines 1 1/2" - 1 3/4" $ 6, 120 . 00
watering and maintenance $ 300 . 00
drip irrigation system $ 2, 000 . 00
47th Avenue Maintenance Total $ 200 . 00
2
F:\KFL\LDNDVALL\5XB.B J - 11
On-site sewage facilities n/a
On-site water supply & storage n/a
Water mains-includes Bore Completed
Fire hydrants Completed
Survey & street Completed
monuments & boxes
Street lighting $9, 340 . 00
Street name signs Completed
Fencing requirements $ 300 . 00
Landscaping (north boundary) $8, 120 . 00
Park improvements
including maintenance
(Third Filing) $18 , 330 . 00
(Fourth Filing) $20 , 336 . 00
Road Culvert Completed
Grass Lined Swale n/a
Telephone completed
Gas completed
Electric completed
Water Transfer Contract with
Town of Evans
47th Avenue barrier - Completed
Maintenance $200 . 00
SUB-TOTAL $56, 626 . 00
Engineering and Supervision Costs (included in above) (testing,
inspection, as-built plans and work in addition to final plat;
supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $56, 626 . 00
F:\RFL\LUNDVALL\EXEIBIT.Al
The above improvements shall be constructed in accordance with all
County requirements and specifications, and conformance with this
provision shall be determined solely by Weld County, or its duly
authorized agent . Said improvements shall be completed according
to the construction schedule set out in Exhibit "B" .
(In corporation, to be signed by President and attested to by
Secretary, together with corporate seal . )
Date :
F:\KFL\LUNDVALL\EXHIBIT.Al
(West J/ilf n.- fPatC, fine.
P.O. BOX 929. GREELEY, CO 80632 - 303-330.4983
Weld County Planning Department
1400 North 17th Ave
Greeley, CO 80631
Attn : Mr. Todd Hodges
March 11 , 1996
RE: West Hill-n-Park
Filing 3 & Filing 4
Planned Parks
Dear Sir ,
I wish to make it clear that the amount of design is the same
as the original plan . The types of grass seed that was
recommended by Mr . Bechtholdt are being used .
The original plan only called for the native grass seed and did
not require the installation of the following :
an irrigation system to the trees , swing sets , slides &
sand boxes ,
however , we will agree to install the above listed items .
The home-owners group will see to it that the mowing operations
of the natural grass will be done at their expense .
I hope this will meet your approval .
C` 7
O.
(\
M
it mEmORAnDum
cal
II'DC Todd Hodges, Current Planner Pebc f.4
To Date F
From
COLORADO Don Carroll, Project Coordinator Ii*
SubJett: S-381, West Hill-N-Park, 4th Filing
On February 5, 1996, I made a field trip to West Hill-N-Park to verify the items on "Exhibit A" for
the Improvements Agreement. On page one of"Exhibit A", the applicant indicated that these items
have been completed. I am in agreement with the completed items on page one.
On page two, the applicant indicated some additional funds set aside for street lighting. There is no
street lighting in place at this time.
The street signs are in place and complete.
Under fencing requirements, the applicant indicated completion; however, there is approximately
100 ft. of chain link fence missing at the north end of the Fourth Filing adjacent to 47th Avenue.
This needs to be completed.
• Additional funds have been aside for landscaping, park improvements and the 47th Avenue
barricaded section on the Third and Fourth Filings.
I am in agreement with what has been presented in "Exhibit A" except for the section of missing
fence. This item would be approximately $100 - $200 in cost.
The applicant needs to sign and date both "Exhibit A" and "Exhibit B" of the improvements
agreement prior filing the final plat.
cc: Commissioner Hall
S-381
:don-c\plan3
•
02/08/98 13:30 FAX 970 352 2868 WELD PUBLIC WORK I]002
•
EXHIBIT "A"
Name of Subdivision: West Hill-N-Park
Filing: Fourth
Location: Part of the Southwest One Quarter (SW3 ) of Section
Twenty Six (26) , Township Five (5) North, Range Sixty Eight (68)
West of the 6th P.M. , Weld County, Colorado.
Intending to be legally bound, the undersigned Applicant hereby
agrees to provide throughout this subdivision and as shown on the
subdivision final plat dated , 19 , recorded on
93
19_, in Book Page No.
Reception No. the following
himprovements .
Vi d (Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
r Street grading Completed
✓ Street base completed '
•F ✓ Street paving Completed ✓
V Curbs, gutters & Completed
culverts
Sidewalk n/a
Storm sewer facility Completed
Retention ponds Completed
Ditch improvements n/a
Subsurface drainage n/a
Sanitary sewers Completed
Sanitary sewers Completed
Trunk and forced lines completed
Mains Completed
Laterals (house connected) n/a
•
02/08/96 12:32 TX/RX NO.3086 P.002 '
02/08/96 13:30 FAX 970 352 2868 WELD PUBLIC WORK O 005
P
• On-site sewage facilities n/a
On-site water supply & storage n/a
Water mains-includes Bore Completed
Fire hydrants Completed
Survey & street Completed
monuments & boxes
J
Street lighting $9 , 340 . 00
,/ Street name signs Completed
I- S Fencing requirements Completed
Y 7Q�-/Landscaping (north boundary) $2, 700 . 00
Park improvements
including maintenance
(Third Filing) $15, 794 . 00
$15, 79 . 00
(Fourth Filing) 3 , 948 . 05
Additional 25% for Third Filing $
Additional 25% for Fourth Filing $ 4, 450 . 00
Road Culvert Completed
• Grass Lined Swale n/a
Telephone completed
Gas completed
Electric completed
Water Transfer Contract with
Town of Evans
47th Avenue barrier - Completed
Maintenance $200 . 00
SUB-TOTAL $54 , 232 . 05
Engineering and Supervision Costs (included in above) (testing,
inspection, as-built plans and work in addition to final plat;
supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $54 , 232 . 05
•
02/08/96 12:32 TX/RX NO.3086 P.003
.
424 Pal
• JAN 919961
QU)ZAJC1/ / 0 4-11
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(:" if 1):4)
01/10/96 14:28 TX/RX NO.2856 P.001 II
COVENANTS FOR
•
WEST HILL-N-PARK FOURTH FILING
The following Covenants shall bind and inure to the benefit of
the owners of all parcels of real estate within West Hill -N- park
Fourth Filing, weld County, Colorado, and whose grantor was west
:till -N- Park, Inc . or its heirs or assigns, and to any and all
owners who accept these Covenants by executing them, and their
successors and assigns .
1 . Each lot in the subdivision shall be occupied for single
family residential purposes only by either a conventional fixed-
location home constructed on the lot, or new ,manufactured home (as
defined in Amended Section 10 . 1 .M of weld County Ordinance No . 89 -
OD) , No buildings shall be erected, altered, placed or permitted
to remain on any lot other than one detached single family dwelling
not exceeding two stories in height and a private garage for not
:pore than three vehicles . one tool shed of factory origin, maximum
cf 10 feet by 12 feet , may be placed upon lot .
2 . No dwelling b4,11.. be constructed or erected on any lot at
a cost of less than dialip0 ,00( Said sum shall be increased or
decreased proportionately for changes in the consumer price index
after the date on which these Covenants are recorded. .;:It is the ,
== sure t at a
a `-� ��F�Gj��xvrrr. .. o e ..,j �, M oof
a n eat
.,
4 w1. - -ding also 0""" .#as ._ `row ea South The area
of"dwellings, exc usive 'of open porches and garages, shall be as
follows :
a . Not less than 800 square feet for a one story dwelling;
b. Not less than 900 square feet for the total of any two
adjacent levels of a dwelling with three or more levels ;
C . Not leas than 800 square feet on the upper level of a two
level home where the lower is a garden level ; and
d. Not less than 600 square feet per story fora home of two
stories or more .
3 . No structure of a temporary character, trailer, basement .
cent, shack, garage, barn or other outbuilding shall be used on any
Lot at any time as a residence either temporarily or permanently .
4 . No sign of any kind shall e displayed to the public view
on any lot, except one professional sign of not more than one
square foot, one sign of not more than six square feet advertising
:he property for sale or rent , or signs used by a builder to
advertise the property during the construction and sales period.
5 . No lot shall be used for an open storage of construction
materials or any other material , except during the construction of
an authorized improvement .
•
01/10/96 14:28 TX/RX N0.2856 P.001
424 P02
r
6 . No noxious or offensive trade or activity shall be
conducted upon any lot .
animals of any kind shall be raised, bred or kept upon
any lot for commercial purposes .
8 . No patio, carport o other addition to a home shall be
located any nearer than 10 feet to the rear lot line and 5 feet
from side lot line .
9 . Fencing shall be either of two styles - Elcar type chain
link, four or five feet in 'height, or cedar or redwood board
fencing not Co exceed six feet in height . No fencing shall be
placed on the front twenty feet of loc .
10 . In no event shall any portion of any home or other
structure be erected over any easement for utilities or otherwise .
11 . No lot as platted shall be subdivided for the purpose of
making two or more lots . No more than one home shall be permitted
on any one lot .
12 . Easements for utilities and maintenance thereof are
reserved as shown on the recorded plat .
13 . Natural drainage associated with any lot shall not be
altered so as to drain onto the adjacent properties .
14 . All trash, garbage and other household debris shall not
be allowed to accumulate for mere than seven day before disposal .
Each property owner shall be responsible for the proper storage and
disposal of trash, garbage and household debris in accordance with
the current rules of the County Health Department .
15 . No animals or fowl of any kind shall be kept or
maintained on any lot; except that either two dogs, two cats, or
two caged birds may be kept as pets . The total number shall not
exceed three animals and can be a combination thereof, but cannot
be more than two of same species. All animals shall be confined to
the individual property owners premises, and such confinement shall
not be on the portion of the _lot bordering upon the streets or
walkways of the subdivision.
16 . No motor vehicle which is not currently licensed, capable
of moving under its own power, and equipped with functioning lights
and all other equipment required by law for operation on public
highways shall be kept , stored or allowed to stand on any lot , nor
be parked on the street .
17 . No boat , trailer, camper or habitable motor vehicle shall
be kept or stored on any lot except within an enclosure which will
screen such boat , trailer, or vehicle from view from the street and
adjoining lots; nor shall it be parked on street for a period
longer than forty-eight hours .
r
01/10/96 14:28 TX/RX N0.2856 P.002
18 . Each lot shall be accompanied by a voting and assessable
membership in the West Hill -N-Park Property Owners Association .
By-laws for the Association will be developed, changed, and
enforced by the Board of Directors of the Association .
l9 . The developers of West Hill-N-Park Fourth Filing shall
t the designated open spaces and parks until such time as
p us one of the total lots have been sold to other voting
members . At that time, the Owners Association shall be responsible
for the maintenance of all said parks, tot lots, buffer zones,
storage areas and other areas designated for the use of all
residents of West Hill-N-Park Fourth Filing.
20 . Due to the damages to streets and ways within West Hill-
N-Park Fourth Filing occasioned by the use of said streets and ways
by semi-tractor/trailer rigs, no lot owners or occupants , or
invitee of the same, shall traverse the street or ways within the
subdivision with a vehicle with a gross weight greater than five
tons .
21 . Invalidation of any one of these covenants by judgment or
Court order shall in no way affect any of the other provisions
which shall remain in full force and effect .
22 . All of the above described Covenants shall be effective
through May 1 , 2005 , and said Covenants shall be effective
thereafter for additional ten year periods without any further
action of the West Hill -N-Park Property Owners Association, unless
prior to the commencement of any additional ten year period
appropriate action is taken by West Hill-N-Park Property Owners
Association to terminate the effect of the above Covenants . Any
such action taken by the West Hill-N-park Property Owners
Association shall be filed of record with the Weld County Clerk and
Recorder in a form which will substantially inform any interested
party as to the termination of the above Covenants .
23 . These Covenants may be enforced by the West Hill-N-Park
Property Owners Association or by the owner or owners of any lot in
west Hill-N-Park Fourth Filing.
Dated this day of , 1995 .
WEST HILL-N-PARK, INC.
•
By;
President
•
•
01/10/96 14 :28 TX/RX N0.2856 P.002
WEST HILL 'N PARK, INC.
P. O. Box 632
Greeley, Colorado 80632
(970) 352-8730
March 19, 1996
Weld County
Building Inspection Department
1400 North 17th Avenue
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
Please be advised that Baessler Construction, Inc., is not authorized to apply for building permits
on any property located within West Hill 'N Park Third Filing. Our prior authorization dated
March 25, 1994, is revoked.
Very truly yours,
WEST HILj, 'N PARK, INC.
Roy Lu dual], President
Weld County Planning Dept.
MAR 2 01996
' ECEIVED
DEC-13-95 WED 15:56 CITY OF EVANS FAX NO. 3033395344 P. 02
The City of
COLORADO
December 13, 1995
To Whom It May Concern:
Following are current fees as they relate to a request for water taps to serve the parks in the
Hill N Park and West Hill N Park Subdivisions:
City of Evans Water Development Fee (commonly referred to as tap fee)
SIZE OF TAP FEE CURRENTLY IN EFFECT
3/4 $ 3,960.00
1" $ 6,452.00
1-1/2" $ 14,513,00
2"
$ 25,802,00
3"
$ 58,055.00
Please be advised that these fees are subject to change. The City of Evans is currently reviewing
all water and waste water fee schedules and has contracted with a consultant to provide
information regarding these fees. Also, please be advised that the above referenced fees are only
for permission to connect to the system and DO NOT include the physical tapping of the lines or
extension to the property. Those costs can be acquired from private contractors.
In addition, three acre feet per acre of approved water rights, or cash equivalent, must be
transferred to the City of Evans at the time the water tap is purchased. The current cash
equivalent is $1600 per acre foot ( $4800 per acre) and varies according to the market.
It should also be noted that verification of an adequate supply of water from the existing lines
must be performed before any taps will be sold in this area.
If you have any questions regarding this matter or if I can be of further service please contact me
by calling 339-3475.
Respectfully,
Torn Hamblen
Chief Building Official
pc; James L. Hewitson, P.E., Director of Public Works/Planning
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re above prices, specifications and conditions are satisfactory and are hereby MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND
cepted. You are authorized to do the work as specified. Payment will be made as MATERIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEN
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PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE
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PHONE DATE
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outlined above. PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE
WORK HAS STARTED.
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LANDSCAPE
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accepted. You are authorized to do the work as specified. Payment will be made as MATERIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEI
outlined above.
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mEMORAnDUm
Dc. Todd Hodges, Current Planner October 30, 1995
To Date ��
COLORADO Don Carroll, Project Coordinator ,�tcc `Q'
From ' ' G4 ®
Subject: West Hill-N-Park, 4th Filing 0
I have reviewed the improvements agreement on the final plat as well as the documentation, and I
have the following comments:
I would like to have a typical cross section of the subdivision roads placed on the mylar. The cross
section needs to reflect the depth of base, asphalt and curb section. I visited the site and compared
the items listed on Exhibit A to the actual site conditions. The applicant has indicated that the items
have been completed; however, the street base item has not been completed. I would like the
applicant to add the additional street base item to Exhibit A to reflect the actual field condition.
Street lights and street name signs have not been installed on the site. These items are not complete
on Exhibit A and need to be included.
• Exhibit B needs to be adjusted to reflect the changes on Exhibit A.
cc: Commissioner Webster
Hill-N-Park, 4th Filing •
do/fc:plan2.dc
•
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F. LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
.011/4.:5 TELECOPIER
JEFFREY R. BURNS A (970)356-1111
SE) tember 11, 1995
Lee Morrison
Assistant Weld County Attorney
P .O. Box 1948
Greeley, CO 80632
Re : West Hill 'N Park Fourth Filing
Dear Lee :
Enclosed please find copies of the Certificate of Resolution
for Hill 'N Park Sanitation District and revised Covenants for West
Hill 'N Park Fourth Filing. We would request that you review the
two enclosures to confirm that they are in accordance with the
presentation made before the Board of County Commissioners of Weld
County.
So that there is no confusion, your review is as to form only
as related to the Fourth Filing Covenants . The restriction
contained in the Covenants for the seven lots was not a requirement
nor condition of approval promulgated by the Board of County
Commissioners of Weld County. The restriction on the seven lots is
solely the action of the West Hill 'N Park Fourth Filing property
owners .
Your prompt attention would be sincerely appreciated and I
would request that you then contact me so that I can secure the
signatures for the Covenants and Resolution. As soon as I do have
signed documents, the same will be submitted to you.
Very truly yours,ILIND,�LA ENCE OTTENHOFF
Kenneth F. Lind
KFL/cg
Enclosure .
pc : Todd Hodges, Weld County Planning Department
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
October 25, 1995
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
Attention: Todd Hodges
Re : West Hill-H-Park Fourth Filing
Dear Todd:
In reviewing my files I don' t believe that you had signed
copies of the final Covenants for the Fourth Filing or a signed
copy of the final Sanitation District Resolution. Enclosed please
find signed copies of these documents for your records . If you
have any questions, please call me .
Very truly yours,
LIND, LAWRENCE OTTENHOFF
l�
L
Kenneth F. Lind
KFL/cg
Enclosure
0CT 3 C 3'.i
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KAROWSKY, WITWER, MILLER & OLDENBURG
ATTORNEYS AT LAW
022-7TN SMOLT.SURE 700
STOW L ROWER.JR.
WNKR MK.LQ P.P sox iJKl1 J�OOUCJ)J[JONNSON
R.SAMIACURTIS 11-SEA
OWSYRG GREELEY,CO 8'7632-i 407
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PACNIR Ji MOO 1{2.31*5
•
•
January 6, 1995
•
Blaine Rerdman
•
Herdman Properties, Ltd.
2505 First Avenue
Greeley, CO 80631
Re: Hill-S-Park Sanitation District
Dear Blaine:
I am advised by the Sill-N-Park Sanitation District that you are involved
in a commercial lot sale of property located in Carriage Estates, a Weld
County subdivision. I believe you have been advised that the District
has placed a moratorium on the issuance of additional sewer taps pending
its determination that there is available treatment capacity for all
property to which the District is obliged to provide sewer taps. This
moratorium will remain in effect until:
(a) A qualified engineer certifies that the existing treatment
facilities are adequate to treat the existing users of the treatment
facility and those properties to which the District contractually
obligated to provide sewer taps; or
(b) The District treatment facilities are acquired by the City of
Evans.
The District has determined that it can issue no further sewer taps
except those to which it is currently obliged to issue until it
determines that the existing treatment facilities are adequate.
A viable alternative for you and lot owners similarly situated would be
to hire an engineering firm to investigate the total treatment capacity .
of the existing facilities. For your information I am enclosing a letter
from the City of Evans which sets forth the information needed before the
City would acquire the District facilities. The District has not made
an investigation to determine the cost of these studies because at the
present time it has inadequate funds with which to engage qualified
engineers_
I suggest that you and those who would like sewer taps and sanitary
service collectively raise funds sufficient for the engineering studies.
KAROWSKY, WITWER, MILLER & OLDENBTSRG
Blaine Eerdman
January 6, 1995
Page 2
The primary objective would be to provide the City of Evans with
information on which they could rely in acquiring the sanitation district
facilities. Over the long run, it is apparent that the City of Evers
should acquire and operate these facilities.
If you have any questions, please contact. me.
Very truly yours,
KAROWSRY, WITWER.
MILLER & OL,DENBURG
R. Sam Oldenburg
nn
Enclosure
cc: Hill-N-Park Sanitation District
•
Hello