HomeMy WebLinkAbout20173930.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING ACCEPTANCE OF HIGHLAND FARMS
SUBDIVISION INTERNAL ROADS FOR FULL MAINTENANCE
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, in accordance with Section 8-6-150 of the Weld County Code, on
November 6, 2017, the Highland Farms Homeowners' Association, represented by Lyons Gaddis
Kahn Hall Jeffers Dworak and Grant, PC, 515 Kimbark Street, 2nd Floor, P.O. Box 978,
Longmont, Colorado 80502-0978, has submitted a petition requesting Weld County accept the
internal roads within the subdivision for full maintenance, including snow removal and any
necessary repairs of the roadways, shoulders or drainage ditches, and
WHEREAS, on November 6, 2017, the Board deemed it advisable to continue this matter
to November 20, 2017, to allow adequate time for staff and the Highland Farms Homeowners'
Association to schedule a work session with the Board, and
WHEREAS, after review, on November 20, 2017, the Board deems it advisable to deny
the request to accept said internal roadways for full maintenance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request to accept internal roads of Highland Farms Subdivision be,
and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTEST: diattitt,,vi
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: I'D / t t / 17
arbara Kirkmeye
Cozad, Chair
Steve Moreno, Pro-Tem
c.
can P. Conway
cc PWCJf1-,), GaCe,C)
O.PPL
la/It/17
2017-3930
EG0074
Commissioners,
MEMORANDUM
TO: Commissioners DATE' dl -2a .. 2O/9
FROM: Jay McDonald, Public Works
SUBJECT: Highland Farms request for maintenance
The Highland Farms Homeowners Association (HOA) has requested the Board accept the subdivision's internal
subdivision road for maintenance, in accordance with Weld County Code section 8-6-150. County staff opposes
the request.
Background
The Highland Farms Planned Unit Development (PUD) final plat was approved in 2005, and was amended in
2010. The PUD is located southeast of CR 3 and Hwy 52, near Erie. The Highland Farms HOA requested the
County accept the internal subdivision roads for maintenance, citing the Improvements Agreement and the
Board Resolution releasing collateral upon the completion of the improvements. The County Attorney's Office,
Bob Choate, determined that the County was not obligated by any documents associated with the development
process to accept the roads for maintenance. Thereafter the HOA, through its attorney, requested the Board
accept the road for maintenance as permitted by section 8-6-150 of the Weld County Code.
Request for Maintenance
The HOA requested the County accept the internal subdivision roads for maintenance by letter dated June 21,
2017, however, the request was tabled while the HOA discussed the matter with their attorney, and delayed due
to a change in attorneys at the HOA's law firm.
Pursuant to section 8-6-150, the roads must meet minimum specifications before they can be accepted. Upon
initial review by Public Works, it appears that all conditions in section 8-6-150 have been met, or have been
determined to be inapplicable, except for subsection F, which provides:
F. The following shall be the minimum acceptable standards before a road is accepted for maintenance:
1. The roadway cross -slope, from centerline, shall be not less than three percent (3%).
2. Borrow ditches shall be a minimum of twenty-four (24) inches deep with 3:1 side slopes and
graded to provide adequate drainage.
3. All side road borrow ditches shall be sufficient to carry the five-year storm or be a minimum
of an eighteen -inch -diameter culvert as determined by the Director of Public Works. Crossroad
drainage structures shall be sufficient to carry the ten-year storm or be a minimum of an
eighteen -inch culvert as determined by the Director of Public Works.
2017-3930
4. The Department of Public Works shall test and inspect the roadbed subgrade for structural
adequacy and acceptable materials. The subgrade shall be compacted to ninety-five percent
(95%) of AASHTO Standard Proctor T-99 (Method A) or other compaction standards previously
approved by the Director of Public Works.
Because the roads have already been constructed, the HOA is requesting the Board conditionally approve the
maintenance request, conditioned on Public Works' verification that the roads meet the requirements of section
8-6-150.F. If the Board is inclined to approve the request, Public Works supports this condition. Verifying
compliance with these requirements will require Public Works to conduct a field inspection, including taking
and testing cores from the roads. While the HOA is liable for these costs, Public Works will nonetheless have to
assign resources to accomplish the task.
Options
1) Deny the Request. The HOA will continue to be responsible for the maintenance of the internal
subdivision roads.
2) Continue the hearing and direct Public Works to test the roads for compliance with section 8-6-150.F, at
the HOA's cost.
3) Approve the request on condition that the road meets the requirements of section 8-6-150.F.
Recommendation
Staff recommends the Board deny the request. The Board has the authority to deny the request even if the
roads otherwise meet all of the requirements of section 8-6-150.
While the Board cannot accept the internal subdivision roads for maintenance unless the roads meet the
requirements of section 8-6-150, the Board is not required to do so. The County expends substantial funds and
staff time to maintain county roads, and Public Works does not support increasing those maintenance costs for
internal subdivision roads. Further, the 2010 Final PUD Plat contained a note which put the responsibility for
streets maintenance on the HOA.
If the Board is inclined to approve the maintenance request, Public Works supports the HOA's request to allow
Public Works staff to inspect and test the roads for compliance with 8-6-150.F., at the HOA's expense. In that
case staff would recommend the Board continue the matter in order to accomplish that task.
List of Attached Exhibits
• PUD Map (GIS)
• Weld County Code section 8-6-150
• HOA Letter to Weld County Public Works, dated March 24, 2017 (Request for maintenance of internal
subdivision roads pursuant to development documentation)
• Assistant Weld County Attorney Letter to HOA, dated April 18, 2017 (Rejection of maintenance
request)
• HOA Attorney's Letter to Weld County, dated 06/21/17 (Request for maintenance of internal
subdivision roads pursuant to Weld County Code section 8-6-150)
• Resolution 2010-1955, page 6 (PUD Plat Note: HOA responsibility for streets maintenance)
Thank You
LJMD
10/25/2017 Weld County, CO Charter and County Code
Sec. 8-6-150. - Road acceptance policy.
The County does not maintain private roads, lanes or driveways. (See Article I, Sec. 8-1-
30, Snow Removal Plan A, F, Operations, 7: Snow Policy.) The sponsor of the roadway
project desiring to obtain County maintenance shall first address such request to the Board
of County Commissioners for its consideration at one (1) of its regularly -scheduled
business meetings. The sponsor shall be responsible to pay the entire cost of notification
to owners and/or occupants of lands lying adjacent to the roadway. Such notification shall
include a description of the request and shall set forth the time and place of the Board
consideration. Before a public road can be accepted by the Board of County
Commissioners for maintenance, the road must meet the following minimum conditions:
A.
B.
C.
D.
E.
F.
The road right-of-way shall be dedicated or otherwise secured to
the satisfaction of the County for use by the public and
maintenance by the County.
The road right-of-way shall be clearly staked and flagged for
construction purposes by a licensed land surveyor. The surveyor
shall notify the Department of Public Works, in writing, when the
staking is completed.
The width of the right-of-way cannot be less than sixty (60) feet.
The road shall serve a minimum of three (3) legal lots, which must
have residential dwellings, to be considered for acceptance.
Properties abutting the intersection of the road under
consideration for acceptance and an existing publicly maintained
road do not count toward the required three (3) lots.
The minimum road width shall be a minimum of twenty-six (26) feet
of graveled surface or meet the minimum design guidelines for the
anticipated traffic on the roadway segment being considered.
The following shall be the minimum acceptable standards before a
road is accepted for maintenance:
1. The roadway cross -slope, from centerline, shall be not less
than three percent (3%).
2. Borrow ditches shall be a minimum of twenty-four (24) inches
1/3
10/25/2017 Weld County, CO Charter and County Code
G.
H.
J.
K.
deep with 3:1 side slopes and graded to provide adequate
drainage.
3. All side road borrow ditches shall be sufficient to carry the
five-year storm or be a minimum of an eighteen -inch -diameter
culvert as determined by the Director of Public Works.
Crossroad drainage structures shall be sufficient to carry the
ten-year storm or be a minimum of an eighteen -inch culvert as
determined by the Director of Public Works.
4. The Department of Public Works shall test and inspect the
roadbed subgrade for structural adequacy and acceptable
materials. The subgrade shall be compacted to ninety-five
percent (95%) of AASHTO Standard Proctor T-99 (Method A) or
other compaction standards previously approved by the
Director of Public Works.
A minimum of four (4) inches of compacted gravel meeting
Colorado Department of Transportation specifications for Class VI
material must be provided on the traveled surface. The gravel shall
be compacted in accordance with AASHTO Standard Proctor T-99
(Method D) requirements.
The road cannot be fenced or gated. If cattle have cross -access to
the roadway, a cattle guard shall be installed in accordance with the
County cattle guard policy.
If a fence exists along the section line on which the road is to be
built, relocation of the fence to the road right-of-way lines shall be
the responsibility of the sponsor(s) of the roadway project.
Reimbursement by the sponsor(s) of the roadway project shall be
made for acreage within the road right-of-way included in an
adjacent property Conservation Reserve Program (CRP) crop or
which has an unharvested annual crop demolished by the roadway
construction project.
The sponsor(s) of the roadway project shall be responsible for all
costs associated with construction of the road.
2/3
10/25/2017 Weld County, CO Charter and County Code
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-1)
3/3
a LYONS GADDIS
ATTORNEYS & COUNSELORS
October 24, 2017
VIA CERTIFIED MAIL
E -Receipt Requested
Jeffrey J. Kahn
John Wade Gaddis
Bradley A. Hall
Steven P. Jeffers
Anton V. Dworak
Adele L. Reester
Catherine A. Tallerico
Scott E. Holwick
Cameron A. Grant
Matthew Machado
Madoline Wallace -Gross
Thomas L. Beckmann
Chad A. Kupper
John Chmil
SPECIAL COUNSEL
Wallace H. Grant
Suzan D. Fritchel
Eve 1. Canfield
Timothy J. O'Neill
Jeffrey S. Rose
SENIOR COUNSEL
Richard N. Lyons, II
Daniel F. Bernard
1942-2011)
Re: Notice of Application of Highland Farms Homeowners' Association
To Whom It May Concern:
You are receiving this Notice because Weld County records identify you as an
owner of land lying adjacent to one of the roadways within the Highland Farms
Subdivision. This office represents the Highland Farms Homeowners'
Association. Pursuant to Weld County Code Section 8-6-150, the Highland Farms
Homeowners' Association has requested the Board of County Commissioners of
Weld County, Colorado, consider its request that the County accept responsibility
for maintaining the roads within the subdivision.
For your information, a copy of the Highland Farms Planned Unit Development
Amended Final Plat is enclosed.
Please be advised that the Highland Farms Homeowners' Association has asked
the Board of County Commissioners to consider its request at a regularly
scheduled business meeting, as set forth below:
Date/Time of Meeting: November 6, 2017 at 9:00 a.m.
Location:
Applicant:
Weld County Administration Building
1150 O Street
Greeley, Colorado 80631
Highland Farms Homeowners' Association
6297 S. Potomac Way
Centennial, Colorado 80111-6635
Telephone: 303-665-6901
LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC
515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
Longmont 303 776 9900 I Louisville 720 726 3679 I Web www.lvonsaaddis.com
Mir LYONS GADDIS
ATTORNEYS & COUNSELORS
Highland Farms Homeowners' Association
October 24, 2017
Page 2
Should you have any questions regarding this meeting, please do not hesitate to contact me
directly.
Sincerely
LYONS GADDIS KAHN HALL
JEFFERS DWORAK & GRANT, PC
By
Timothy J. O'Neill
toneil Ialvonsgaddis.com
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BRAYMAN J PHILIP
1247 HIGHLAND WAY
ERIE, CO 805166901
CROTZER CARLENE J
500 E 83RD DR
DENVER, CO 802295825
HIGHLAND FARMS HOMEOWNERS'
ASSOCIATION, INC.
c/o Mark Williams
1249 Highland Place
Erie, CO 80516
KEMPF RICHARD A TRUSTEE
1246 HIGHLAND PL
ERIE, CO 805167918
PICKETT JUDD
1242 HIGHLAND WAY
ERIE, CO 805166901
WHITLOCK CRAIG
12565 DEXTER ST
THORNTON, CO 802413033
WILLIAMS MARK L
C/O MARK WILLIAMS ENTERPRISES, INC.
765 S PIERCE AVE
LOUISVILLE, CO 800273023
BRAYMAN MICHELLE
1247 Highland Way
Ere, Co 80516
CROTZER CHRISTOPHER L
1244 Highland Place
Erie, CO 80516
HIGHLAND FARMS HOMEOWNERS'
ASSOCIATION, INC.
clo Muriel Kemp
1250 Highland Place
Erie, CO 80516
JAYABALAN CYNTHIA R
1238 Highland Way
Erie, CO 80516
LEFEVERE FRANCOIS-MARIE
1241 HIGHLAND PL
ERIE, CO 805167918
TEMPERO SUSAN B
1240 Highland Place
Erie, CO 80516
WHITLOCK TONI
1243 Highland Way
Erie, CO 80516
CHAN CHIU KI
1241 Highland Place
Erie, CO 80516
GILBERT PHILIPS E ANTOINE
535 GALLEGOS CIR
ERIE, CO 805162525
KEMPF MURIEL A TRUSTEE
1246 Highland Place
Erie, CO 80516
PICKETT ELDEEN
1242 Highland Way
Erie, CO 80516
TEMPERO WILLIAM M
1240 HIGHLAND PL
ERIE, CO 805167918
WILLIAMS DIANA C
4732 Sylvia Lane
Erie, CO 80516
/Y ,
c9 -0i
Z0E LYONS AATTORNEYS
Timothy J. O'Neill
toneill@lvonsqaddis.com
November 9, 2017
Board of County Commissioners
Weld County, Colorado
1150 O Street
P.O. Box 758
Greeley, CO 80631
Via Email
mfreeman ;,, weldgov.com
jcozad@weldaov.com
bkirkmever@weldqov.com
sconwav@weldgov.com
smoreno@weldqov.com
Re: November 13, 2017 Working Session
Request for Public Maintenance of Highland Place and Highland Way
Dear Madame Chair and Commissioners:
As you are aware, this office represents the Highland Farms Homeowners' Association ("HOA")
with respect to its request the Board accept Highland Place and Highland Way for County
maintenance, pursuant to Weld County Code Section 8-6-150. The HOA appreciates the
Commissioners' willingness to review this issue thoroughly through the working session process.
In anticipation of the working session scheduled for November 13, 2017 at 3:00 p.m., the HOA
submits this brief letter as a supplementary statement of its position with respect to the request
made at the November 6, 2017 Board meeting.
The HOA acknowledges that the Board of County Commissioners has not adopted a resolution
accepting Highland Way or Highland Place for County maintenance. The HOA believes that this
was an oversight in 2006, when the developer sought both release of collateral for the project and
acceptance of the streets for maintenance. Although the Board adopted resolutions releasing the
collateral, no resolution was adopted by the Board accepting the roads for County maintenance,
which is why the HOA is making the request pursuant to Section 8-6-150 at this time. As you
heard from the residents at the November 6, 2013, meeting, they understood the roads would be
maintained by the County, consistent with the language of the recorded covenants.
As discussed in Robert Bulthaup's statement, included as an exhibit to the submission of the
Public Works Department', on February 7, 2006, after construction of the PUD was completed,
Mr. Bulthaup requested release of collateral from the Board pursuant to Section 9.0 of the August
15, 2005 Improvements Agreement. He further requested a recommendation of acceptance of
the streets for partial maintenance, noting that once received he would request release of the
collateral. Pursuant to section 9.7 of the Improvements Agreement, following the submittal of the
' Mr. Bulthaup's statement begins on page 5 of the 12 -page exhibit pdf.
LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC
515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
303 776 9900 I ,,,., - 720 726 3670 I 4,- www.IVonsgaddis.com
wir LYONS GADDIS
ATTORNEYS & COUNSELORS
Weld County Board of County Commissioners
November 9, 2017
Page 2
statement of compliance and recommendation of acceptance of the streets for partial
maintenance by the County, the developer could request release of collateral.
On October 11, 2006, Mr. Bulthaup contacted Weld County Public Works by letter requesting final
release of collateral pursuant to Section 6.3 of the Improvements Agreement. In his October 11,
2006 letter, Mr. Bulthaup noted that $18,242.60 had been retained for street improvements and
repairs. He further noted that Public Works had reviewed the improvements and, to his
knowledge, recommended acceptance of the improvements. He, again, requested that Public
Works recommend acceptance and release the remaining collateral. As Mr. Bulthaup indicated
in his written statement, on November 8, 2006, Peter Schei notified Ester Gesick, Clerk of the
Board, to schedule release of collateral, as there were no concerns from Public Works. On
November 15, 2006, the Board adopted a resolution releasing the remaining collateral, noting in
the resolution that "staff from the Weld County Department of Public Works has conducted a
visual inspection and recommended the release of the remaining collateral." A copy of the
Improvements Agreement and the November 28, 2006 Resolution, as well as Mr. Bulthaup's
February 7 and October 11, 2006 letters, are attached for your convenience.
The HOA does not know why no Board resolution accepting the roads for maintenance was
ever adopted. Section 6.3 of the Improvements Agreement states:
Not sooner than nine months after acceptance for partial maintenance of the
streets, the County Engineer shall, upon request by the applicant, inspect the
subject streets, and notify the applicant of any deficiencies. The County Engineer
shall reinspect the streets after notification from the applicant(s) that any
fieficiencins hav? b :;e a d: -tf-the County Engineer finds that -the strcots are
constructed according to County standards, he shall recommend acceptance of
the streets for full maintenance. Upon a receipt of a positive unqualified
recommendation from the County Engineer for acceptance of streets within the
development, the Board of County Commissioners shall accept said streets as
public facilities and County property, and shall be responsible for the full
maintenance of said streets including repair.
The HOA believed that the County had accepted maintenance. In an August 25, 2016 email
response to inquiries from Chris Crotzer, attached, Public Works Director L. Jay McDonald stated
that "both Highland Place and Highland Way were removed from [the County's] road maintenance
system," sometime after an August 25, 2010 amended plat was submitted and accepted by the
Board. Mr. McDonald noted paragraph J of the amended plat, which reads: "A Homeowners'
Association shall be established prior to the sale of any lot. ...The Association is responsible for
liability insurance, taxes and maintenance of open space, streets, private utilities, and other
facilities, along with the enforcement of covenants." But as Assistant Weld County Attorney Bob
Choate noted in his April 18, 2017 letter to Mr. Williams, which was included as an exhibit to the
Public Works Department's submission, both the original PUD Final Plat and the Amended Plat
contained the language referenced in Mr. McDonald's August 25, 2016 email.
1111. `\ LYONS AATTORNEYS
Weld County Board of County Commissioners
November 9, 2017
Page 3
Public Works had not indicated when Highland Place and Highland Way were dropped from the
County maintenance schedule, or when and how the HOA was notified of the change, but on
October 27, 2010, the Highland Farms Subdivision Declaration of Covenants ("2010 Covenants")
was recorded. Section 1.3 of the 2010 Covenants provides: "The roads within the subdivision are
dedicated to and maintained by Weld County." A copy of the 2010 Covenants is also attached for
your convenience. The modification of the covenants is consistent with the HOA's position that
as of 2010 the roads were being maintained by the County as contemplated by the Improvements
Agreement, and the HOA believed that the County had accepted such maintenance.
The HOA acknowledges that there has been no affirmative acceptance of the Highland Way and
Highland Place for maintenance by the Board through resolution. Its members, however, believe
that such a resolution should have been pursued by the developer in 2006, when the County
added the roads to its maintenance schedule. The roads were built according to the specifications
required by the County, and in accordance with the obligations of the parties under the
Improvements Agreement. Public Works signed off on the roads in 2006, prior to release of the
remaining collateral and after the partial maintenance period had run. Now the HOA simply asks
this Board to rectify what appears to have been an oversight in 2006, and adopt a resolution
accepting maintenance going forward.
Members from the HOA look forward to participating in the working session on November 13,
2017, and will be prepared to answer any questions that you might have at that time.
Sincerely,
LYONS GADDIS KAHN HALL
JEFFERS DWORAK & GRANT, PC
cc: Bob Choate; Mark Williams
Enclosures
IMPROVEM ENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEM ENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this 1 day of A.tr ya-4" , 20by and between
the County of W eld, State of Colored o, acting through its Board of County C omnfission era, hereinafter called "County,"
and HIGHLAND ACQUISITION GROUP, L.L.C., a Colorado limited liability company, hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in Ile
County of Weld, Colorado:
A PORTION OF THE NORTH 12 OF THE NORTHWEST 114 OF SECTION 5, TOWNSHIP 1
NORTH, RANGE 68 WEST, OF THE 6TH P.M. AS MORE PARTICULARLY DESCRIBED AS LOT B
OF WELD COUNTY RECORDED EXEMPTION NO. RE -3105
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of acid property, to be known as
HIGHLAND FARMS PUD has been submitted to the County for approval; and
W HEREA S, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvements Agreement guaranteeing theconstruction of the public improvements shown on plans, platsand supporting
documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along
with a time schedule for completion, arc listed in Exhibits "A" and "B" of this Agreement.
NOW ,THEREFORE, IN CONSIDERATIONOF the foregoing and of the acceptance andapproval of said
Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering sery ices in connection with
the design and construction of the Subdivision or Planned Unit Development improvements fated on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1
The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado, and shall conform b the standards and criteria established by the
County for public improvements.
F.2 The required engineering services shall consist of, but not be limibd to, surveys, designs, plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and co st estimates for ro ads within the Subdivision o r Planned Unit
Development to the County for approval prior to the letting of any construction contract Before
acceptance of the roads with in the Subdivision or Planned Unit Development by the County, Applicant
shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to
the County.
2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements. All such rights -of -way and easements used for the
construction of roads to be accepted by the County shall be conveyed to the County and the documents of
conveyance shall be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" also attached hereto and incorporated
herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvement. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adapted such requirements and standards at the tine the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that are more restrictive shall ap ply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall havethe right to test and inspect, or to require
testing and inspection of material and work, at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced b the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems, water, gas, electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may giant an extension of the time of completion shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability toss
and damage County may suffer as a result of all suits, actions or claims of every nature and description caused
by, arising from, or on account of said design and construction of improvements, and pay any and all judgmen is
rendered against the County on account of any such suit, action or claim, together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its off -was, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
5.0
off site rand improvements era provided in thin Gelation whoa it hue been dobrmined by the-Board-afCouaty
Coasmiaoinaae that the reed fioilitiea ptavidiog mecca b the Subditieien orPlaanod Unit Dovolopmentars
not adequate in structural capeeity, width, or funo tonal olassifieatian to suppo rt the traffic requrema nta of -the
uses of the Sub division or Planned Unit Development
S4 Tho subdivider, applicant, or owner shall enter late an off silo improvements agroomant-prior-te
recording the final plat whoa the subdivider, applicant, or owner expectate reel
part of the coot of the off cite improvements.
St -2 Tho off site improvement: agreement shall eanteit the following:
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The legal dmoripdon of dee property to be amend.
Tho nom: of the owner(s) of the property to be aorved.
A doanripton of the off eito inprovomontato be completed by the aubdividor, applioant, or
ever.
The total cast of the off cite improvam ants.
The total vehi:der tripe to be ganereted at build out by the Subdividon, Resubdiviaian, or
Planned Unit Devolopraont,as cpooified by the ITS Trip Generation Manual, or by apeoiai
study approved by the Board of County Commissioners.
A time period fur completion of tho off alto impravornonts.
The current address of the parson to be reimbursed during the tam of the agreement.
Any off silo improvotuonta %remnant shall be made in conformance with the W old Caun-ty
policy on collateral for iraprevomenta.
44 If the subdivider, applicant, or owner fails to comply with the impravemonte agreement; tae
When it in :int.—min" ley the 'erd :.f Ce izi Comi7e L:iannia the valiot,i.2r traffic; from a
Subdivision, Rocubdivioien,or Planned Unit Development will aye a read improvement <seistnrotad
under tin improvements agreement, the aubateq ueet subdivider, opplioant, or owner shall reimburao the
original eubdividor, opplieent, or owner, for a portion of the original eonotruotien oast. In no avant
shall the original mnbdividor, applicant, or owner collect an amauntwhich moods the blot east ef
improvomonto lose the pro rata chore of the total trip impacts ge prated by the original dovclepmant.
Evidence -that the original subdivider, applicant, or owner has boon rolmburaod by the subsequent
subdivider, applicant or owner Mind bo aubraittsd to the Department of Planning S orvisao-prior-te
recording the Subdivision, Rasubdivieian, or Planned Unit Development final Plat.
5 3 The amount of road improvement coats to bo paid by the aubeageent subdivider, applicant, or owner
of a Subdivision, Roaubdiviaion, or Planned Unit Dovolopiesatt using the road improvement"
eonstruated under a prior improvement agreement will be baaod upon a pro rate char: of the total trip
impacts asaociaed with the number and typo of dwelling units and square footage and type of
aenreaidontieldovolopmantaintended tousothoroad improvement. The amount of road improvement
east; shell elm oonaidor iodation as maaaurad hytho changes in tee Colorado Conatruation Coat lruble
treed by the Colorado Division of Illghwayo. The oast of road improvements may be paid by oast
oontribtdian to the pelor subdivider, cpplicant or owner, or by further road improvement: which
benefit the prior subdivider, applicant, or ocanores property. This deoision ahsll be at the idle
diserstlon of the Board of CountymCammisoicasrsbased upon the amid fee further- off cite rood
44 The report entitled TRIP GENERATION (Third Eddioa, 19!2)
Snginoara shall norrailly be uaod fa; ealaulatiag a reasonablo pro rata share of the road improvement
construction oasts for all Subdivisions, Rosubdivisions, or Planned Unit Dsvelopmonts. A special
transportation study shall be need for land eeoa not !laud in the ITS Trip Concretion Manual. Any
question about the number of tripes Subdivisio n, Rasubdivision, or Planned Unit Develop moot will
generate abcll be dee ided by the County Engineer.
54 The torea for which the cubdivider, appliocat, ore woos Ia entitled to rGimbtntindthp off alto
impravamente ag..ornent entered into betweon the subdieid or and the County, is to. fencsa-.am-tae
data of execution of a contract for road imprevo aonta_
5-8 This provision is not intended to create any cause of action against \Vold County or-ita<tfficas-er
employees by any subdivider, applicant, or owner for reiraburaamcat, and in tic way is -Weld County
guaranbr of the manicotti ha reimburaod b y the subsnquont subdividora, cap plieauta
etownoras
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6.0 Acceptance of Streets for M aintenancc b v the County: Upon compliance with the following procedures by the
Applicant, streets withit a Subdivision or Planned Unit Developmentmay be accepted by the County as a part
of the County road system and will be maintained and repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed in service when completed
according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an
acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completedas shown on Exhibit"B," and may
continue to issue building permits so long as the progress of work on the Subdivision or Fla nned Unit
Development improvements in that phase of the develop meet are satisfactory to the County: and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of theconstructiou of streets within a S ubdivision o r Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect the streets and recommend that the Board of County Commissioners accept
them for partial maintenance by the County. Partial maintenance consists of aIl maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine
months after acceptance for partial maintenance of streets, the County Engineer shall, upon request
by the applicant, inspect the subject streets, and notify the applicant(* of any deficiencies_ The
County Engineer shall reinspect the streets after notification from the applicants) that any deficiencies
have been corrected. If the County Engineer finds that the streets are constructed according to County
standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a
positive unquaified recommendation from the County Engineer for acceptance of streets within the
development, the Board of County Commissioners shall accept said streets as public fbcilitics and
County property, and shall be responsible for the full maintenance of said streets including repair.
7.0 General Requirements for CollatcmL•
7.1 The value of all collateral submitted to Weld County must be equivalent to tine -Hundred percent
(100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat app roval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board ofCounty Commissioners and the execution of
this Agreement. Acceptable collatera 1 shall be submitted and the plat recorded within six (6) months
of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may
request that the County extend the Final Plat approval provided the cost estimates arc updated and the
development plans are revised to comply with all current County standards, policies and regulations.
The improvements shall be completedwithin one fl) vearafter the Final Plat approval (not one year
after acceptable collateral is submitted) unless the applicant(.) requests that this Agreement be
renewed at least thirty (30) days prior to its emission and further provides that cost estimates for
the remaininrit rprovemr,aitare updated and _collateral is provided in the amount of One -Hundred
percent (100Yelof the value of the improvements remaining b be completed. If improvements are not
completed and the agreement not renewed within these time frames, the County, at its discretion, may
make demand on all or a portion of the coil aural and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Find Plan or Subdivision Final Plan. The applicant would need only to
provide collateral for the improvem ents in each filing as approved. The County will place restrictions
on those portions of the property that are not covered bycollateralwhich willprohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to devebp in accordance with Exhibits "A" and "B." The costs of the
improvements described in Exhibit "A" will be adjusted higher or lower for the year and quarter in
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which the contemplated wed( is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Report" of The Engineering News -Record as published by The
McGraw-Hill Companies. The applicant has provided cost estimates forall phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting
of collateral for each phase
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial instiution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One -Hundred percent (100%) of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of
the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the
estimatedcosts of completing the uncompiekd portions of the required improvements, based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letterof Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final fifteen percent (15%), or one
year from the date of Final Platapproval, whichever occurs first. Said letter shall stipulate
that, in anti event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degrecofdevelopment is sufficient to cover One -Hundred
percent (100%) of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sate of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County, then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers (M.A.I.) indicating that the value of the prop arty encumbered in
its current state of development is sufficient to cover One -Hundred percent (100%) of the
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cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance poIz y insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least die following:
8.3.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the amount specified
in the Improvements A greement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvement; as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state -licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release any remaining es crowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One -Hundred percent (100%) of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deoo3it made with the County equivalent to One -Hundred percent (100%) of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registeredin the State of Colorado that the project or a portion of the project has been completed in substantial
compliance with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on -sic inspections during the course of
construction and the construction plans utilized arc the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in
CDOT Materials Manual.
9.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submited.
The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and reaponsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants ate in place
in accordance with the ap proved plans. The lettershall indicate ifthe fire hydrants arc operational and
state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans.
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9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
acceptance of the streets for partial maintenance by the County, the applIcant(s) may req nest release
of the collateral for the project or portion of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity, special distrct
or utility company.
9.9 The -warranty collateral shall be role asedto tho applicant upon final neeep tenet by the B oard of C ou my
Commissioners for full maintenance under Section 5.3 hero€n.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision
or Planned Unit Development, requires the dedication, development and/or reservation of areas or sibs other
than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location
suitable for public use for parks, greenbelts or sc heels, said actions shall be secured in accordance with one of
the following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage,aa may be determined by relevant Sections of the Weld County Code, shall be
dedicated to the County or the appropriate school district, for one of the above purposes. Any area
so dedicated shall be maintained by the County or school district.
10.2 The required acreage, as determined by relevant Sections of the Weld County Code may be reserved
through deed restrictions as open area, the maintenance of which shall be a specific obligation in the
deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission of die requited acreage as determined by relevant Sections
of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks ata later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running
with the land herein described, and shall be hireling upon the successors in ownership of said land.
I 1UII I1II Ill1l IIII 111111111111111111111111111111111
3319384 09102/2005 02:05P Weld County, CO
7 of 12 R 0.00 D 0.00 Steve Moreno Clerk dt Recorder
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:
HIGHLAND ACQUISITION GROUP, L.L.C
a Colorado limited liability co any
Subscribed and sworn to before me this() 1 day of
Robert M. Bulthanp, Manager
tf c Ly ,20 a -
My Commission expires:-'.cTlAtc� `� `! 'fir ' ` `.. G 6 �:.,---""--
Notary Public
/1— I o -De
Wald County Clerk to the Board
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
111111111111111111111111111111111111111 N 11111111111111
3319384 09/02/2045 02:05P Weld County, CO
8 of 12 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H..Jerke ,Chair 8/15/2005
2005-2421
EXHIBIT 'A'
Naga: H1yhlond Parma P.U,C..P1$rN. Cost Estimate
Mu: WS, REd10S
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19384 Q%2�1!!!1!►l1t1►111
12 R 0.00 0 0 0z.0�5P Weld County,
,
00 Steve Co Cler �!!l►►l
Moreno Clerk CO& Recorder
$ 21R,12fj$
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."
APPLICANT:
HIGHLAND ACQUISITION GROUP, L.L.C.
a Colorado limited liability company
M. Blithe , Manager
Date 4;0cl t
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111HIll I' Iliti I1I1I 11111 11111 11I III
I l l l
3319384 09/02/2005 02:05P Weld County, CO
10 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT "Be
Name: Highland Farms P.U.D
Filing: Lot B, RE -3105
Location: South side of Hwy. 52 at WCR 3 1/4, Weld County, Colorado
All improvements shall be completed within 2years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements
Site trading
Street grading
Street base
Street paving
Curbs. setters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hvdraMs
Survey and street monuments and boxes
Street liahtina
Street name signs
Fencing rscuirements
Landscaping
Park improvements
Road c ulvert
Grass lined swale
Teleoho_tte
Gas
Electric
I.
Water transfer
$UB-TO TAL:
Time for Completion
2 Years From Final Approval
11111 IT 1111111111111111111111111
3319384 09/0212005 02.05? Weld County, 00
11 of 12 R 0,00 D 0.00 Steve Moreno Clerk & Recorder
The County, at its option, and upon the request of the Applicant, may grant an extension of tine for completion for any
particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met.
APPLICANT:
HIGHLAND ACQUISITION GROUP, L.L.C.
a Colorado limited liability company
Y
M. Buttitaup, Manager
,rte
Date N.44 -,r A7 , 200? .
(lf corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
I11111111111131111111111111111111111111111111111111
III IIIII NIII 11111111111 IIIII I ICI I III II Iill III II
3319384 09/02/2005 02:05P Weld County, CO
12 of 12 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
13
975.
RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1045 - HIGHLAND ACQUISITION GROUP, LLC
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, by Resolution dated June 10, 2005, the Department of Planning Services staff
approved the application of Highland Acquisition Group, LLC, do Robert Kelsey, 6297 South
Potomac Way, Centennial, Colorado 80111, for a PUD Final Plan, PF #1045 on the following
described real estate, to wit:
Lot B of Recorded Exemption #3105; being part of
the N1/2 NW1/4 of Section 5, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on August 15, 2005, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) for Highland Farms PUD between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Highland Acquisition Group, LLC, with terms and conditions being as stated in said agreement, and
accepted check #1273, in the amount of $362,426.55, and
WHEREAS, staff from the Weld County Department of Public Works conducted a visual
inspection and recommended partial release of said collateral, in the amount of $335,357.95, plus
interest; retaining $8,826.00 at the request of the Department of Planning Services and $18,242.60
ate- , cf-t e—De'pra tme of r ublii v'v"Forks, and
WHEREAS, on March 15, 2006, by Resolution #2006-0812, the Board of County
Commissioners approved partial release of said collateral in the amount of $335,357.95, and
WHEREAS, staff from the Weld County Department of Planning Services conducted a
visual inspection and recommended partial release of said collateral, in the amount of $8,826.00;
retaining $18,242.60 at the request of the Department of Public Works, and
WHEREAS, on May 10, 2006, by Resolution #2006-1327, the Board of County
Commissioners approved partial release of said collateral, in the amount of $8,826.00, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection and recommends release of remaining collateral, in the amount of $18,242.60,
plus interest, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to release
remaining collateral.
111111111111111111111111111111111111111 III 11111 IIII IIII
3437975 11/29/2006 02:14P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2006-3163
PL1743
CANCEL COLLATERAL - HIGHLAND ACQUISITION GROUP, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that collateral, in the amount of $18,242.60, plus interest be, and hereby is,
canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of November, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COUN r , COLORADO
i
ATTEST:
,;y:,1/49 11♦� sy e, Chair
Weld County Clerk to til$ Eiodttr: r
D : * uty CI T to the Board
BY:
APPROVED AS TO FORM:
Co ty Atto
dal A e_
Date of signature: �IjZ3(t�(o.
EXCUSED
David E. Long, Pro -Tern
Willi H. Jerke
Robert . Malden
Glenn Vaad
1111111 11111 11111110111111111111111lll 11111 llil rill
3437975 11/29/2006 02:14P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2006-3163
PL1743
Highland Acquisitions Group, LLC
do Robert M. Bulthaup
6297 S. Potomac Way
Englewood, CO 80111
Email — rob@bulthaup.org
Highland Acquisition Group, LLC
February 7, 2006
Board of County Commissioners, Weld County, Colorado
Re: Improvements agreement Highland Farms PUD Final Plan PF #1045
Dear Sirs,
This letter will serve as our formal Request for Release of Collateral from the Board per Section 9.0
of our Improvements Agreement for Highland Farms PUD dated
�,c..+.u,vu, wi Farms rue UQICXl August 15, 2005 and approved by
the Board on August 19, 2005. Collateral in the form of cash in the amount of $362,426.55 was
received by the County Clerk on August 2, 2005. It is requested that these funds be returned with
interest from that date.
Attached, please find a Statement of Substantial Compliance from Mr. Robert Kelsey at Peak Civil
Consultants stating that the project has been completed in substantial compliance to the approved
construction plans and specifications. The attached letter from Mr. Jerry Bouldin to Mr. Kelsey
confirms, as his representative, that he made regular on -site inspections during the course of
construction and that construction plans utilized were those approved by the County (9.1). Mr.
Bouldin's letter indicates that test results for the project have been delivered to Ms. Kelley Jenkins
(9.2). "As -built" plans have been submitted to Weld County Public Works care of Mr. Peter Schei.
(9.3). Mr. Kelsey's letter, as the Engineer, certifies that the project "as -built" is in substantial
compliance with the approved plans and specifications (9.3). Attached is a letter from Ms. Kathryn
Peterson with the Left Hand Water District which states that the project has been accepted by the
district (9.4). Attached is a letter from Ms. LuAnn Penfold with the Mountain View Fire Protection
District to Ms. Jacqueline Hatch with the County Planning Department stating the results of the fire
flow tests which were conducted with the oversight of the District .,,arr. satisfactory (9.-5).
copy of the final plat showing the street configurations, street names and locations of the fire hydrants
that was faxed, per her request, to Ms. Penfold on February 6, 2006 (9.5) The requirements of
Sections 9.0 through 9.5 were noted on the final construction plans (9.6).
A recommendation of acceptance of the streets for partial maintenance by the County is requested.
Once received, we request the Board release the collateral for the project (9.7).
Attached is a check in the amount of $13,681.95 which represents the "Warranty Collateral" of 15%
of the road improvements ($91,213.00) which have been partially accepted by the County (6.3 and
9.8). Upon the completion of the requirements of Section 6.3 of the agreement relating to unqualified
acceptance, the "Warranty Collateral" will be released.
The action providing for the release of the collateral will be scheduled for the next regularly
scheduled public meeting of the Board.
Sincerely,
Robert M. Bulthaup, Manager
Highland Acquisition Group, LLC
Highland Acquisitions Group, LLC
c/o Robert M. Bulthaup
6297 S. Potomac Way
Englewood, CO 80111
Email — rob@bulthaup.org
Highland Acquisition Group, LLC
October 11, 2006
Weld County Public Works Department
Attn: Peter Schei
1111 H Street
Greeley, CO 80632
Re: Improvements agreement Highland Farms PUD Final Plan PF#1045
Dear Peter,
This letter will serve as our formal Request for final Release of Collateral per Section 6.3 of our
Improvements Agreement for Highland Farms PUD PF #1045, dated August 15, 2005 and approved
by the Board of County Commissioners on August 19, 2005. Per your memo of February 27, 2006 to
Jacqueline Hatch at planning, Public Works requested retention of collateral in the amount of
$18,242.60 for street improvements and repairs. The time period for partial maintenance has expired
and all repairs have been completed. Kelly Jenkins with your department has reviewed the
improvements and repairs and I believe has recommended acceptance of the improvements. It is
requested that Public Works recommend acceptance of the improvements and release of the collateral
funds. Once approval is received from Public Works, we request the Board of County Commissioners
release the collateral, with interest for the project.
Sincerely,
Robert M. Bulthaup, Manager
Highland Acquisition Group, LLC
Cc: Jerry Bouldin
Jacqueline Hatch, Weld County Planning
Donna Bechler, Clerk to the Board
LYONS GADDIS
ATTORNEYS & COUNSELORS
Timothy J. O'Neill
toneill@ Ivonsgaddis.com
November 9, 2017
Board of County Commissioners
Weld County, Colorado
1150 O Street
P.O. Box 758
Greeley, CO 80631
Re: November 13, 2017 Working Session
Request for Public Maintenance of Highland Place and Highland Wa
Via Email
mfreeman@weldgov.com
jcozad@weldgov.comn
bkirkmever@weldgov.com
sconwav@weldgov.com
smoreno@weldciov.com
Dear Madame Chair and Commissione
frwitite.'
As you are aware, this office re esents the Highland Farms Homeowners' ers' Association ("HOA")
with respect to their reques , pursuant to Weld County Code Section 8-6-150. The HOA
appreciates the Commissioners' willingness to review this issue thoroughly through the working
session process. In anticipation of the working session scheduled for November 13, 2017 at 3:00
p.m., the HOA submits this brief letter as a supplementary statement of its position with respect
to the request made at the November 6, 2017 Board meeting.
The HOA acknowledges that the Board of County Commissioners has not adopted a resolution
accepting Highland Way or Highland Place for County maintenance. The HOA believes that this
was an oversight in 2006, when the developer sought both mime se. of collateraltor.the eta
nd
acceptance oUthestreets for maintenance. Although the Board adopted resolutions releasing the
collateral, no resolution was adopted by the Board accepting the roads for County maintenance,
which is why the HOA is making the request pursuant to Section 8-6-150 at this time. As you
heard from the residents at the November 6, 2013, meeting, they had understood the roads would
be maintained by the County, consistent with the language of the covenants.
As discussed in Robert Bulthaup's statement, included with as an exhibit to the submission of the
Public Works Department', on February 7, 2006, after construction of the PUD was completed,
Mr. Bulthaup requested release of collateral from the Board pursuant to Section 9.0 of the August
15, 2005 Improvements Agreement. He further requested a recommendation of acceptance of
the streets for partial maintenance, noting that once received he would request release of the
collateral. Pursuant to section 9.7 of the Improvements Agreement, following the submittal of the
statement of compliance and recommendation of acceptance of the streets for partial
maintenance by the County, the developer could request release of collateral.
Mr. Bulthaup's statement begins on page 5 of the 12 -page exhibit pdf.
LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC
515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
303 776 9900 I 720 726 3670 I www.IYonsgaddis.com
Timothy J. O'Neill
From:
Sent:
To:
Subject:
Attachments:
Sent from my 'Phone
Begin forwarded message:
Mark Williams <mwilliams@markwilliams.com>
Friday, November 3, 2017 10:08 AM
Timothy J. O'Neill
Fwd: Highland Farms Question
image003.jpg; ATT00001.htm; HIGHLAND FARMS PUD.pdf; ATT00002.htm; HF PUD
Plat.pdf; ATT00003.htm
From: Chris Crotzer <crotzerelectric@gmail.com>
Date: November 3, 2017 at 9:51:55 AM MDT
To: mwifliams@markwilliams.com
Subject: Fwd: Highland Farms Question
Chris Crotzer
Crotzer Electric
303-638-1709
www.crotzerelectric.com
Begin forwarded message:
From: Christopher Crotzer <crotzerelectric@gmail.com>
Date: January 3, 2017 at 2:50:47 PM MST
To: Rob Bulthaup <rob@bulthaup.org>, "mwilfiams@markwilliams.com"
<mwilliams@ markwilliams.com>
Subject: Fwd: Highland Farms Question
Here is the response from jay McDonald regarding the street maintenance. My next
conversation was with Michelle. She told me that the county has not been accepting any
new roads for awhile. She also said that the street maintenance was never directly
asked to be accepted during the county board meeting so that is why it was not
accepted. It is all very confusing.
Forwarded message
From: Jay McDonald <jmcdonald@co.weld.co.us>
Date: Thu, Aug 25, 2016 at 7:50 AM
Subject: RE: Highland Farms Question
To: Chris Crotzer <crotzerelectric@gmail.com>
Mr. Crotzer,
1.
I have researched the documents related to Highland Farms subdivision and discovered
that on August 25th, 2010, an amended plat was submitted and accepted by the Board
of County Commissioners. The plat and the associated resolution are both attached. On
the plat itself and on page 6 of the resolution, paragraph J. states that the Homeowners'
Association is responsible for maintenance of streets in the subdivision. Subsequent to
the Board action, both Highland Place and Highland Way were removed from our road
maintenance system.
I hope this clears up the issue. If you have any further questions, please do not hesitate
to contact me.
Thank you
L Jay McDonald
Public Works Director
Weld County, Colorado
(97_0.) 304-6496
2
MUM 11111111111 11111111111 11111 III! lilt
3728104 10/27/2010 02:38P Weld County, CO
1 of 23 R 121.00 D 0.00 Steve Moreno Clerk & Recorder
10'4 Highland Farms Subdivision
Declaration of Covenants, Conditions and Restrictions
THIS DECLARATION made and effective this 19th day of October, 2010, by Highland
Acquisition Group, L.L.C. (Declarant) as owner of Lots 1-9 (tot(s)) of the Highland
Farms Subdivision (see Exhibit A attached), Weld County, Colorado (the `Propert31),
pursuant to the plat thereof recorded, or to be recorded, in the real estate records of Weld
County, Colorado (the `Final Plat). The Property is the land to be burdened and the land
to be benefited by the Covenants, Conditions, and Restrictions.
WHEREAS, Declarant desires to develop the Property for residential purposes;
WHEREAS, Declarant deems it desirable to subject the Property to the
Covenants, Conditions and Restrictions set forth in this Declaration in order to preserve
the values of the Lots and to enhance the quality of life for all owners of the Lots (the
‘Owner(s)).
WHEREAS, Declarant, therefore, declares that all of the Property is and shall be
held, transferred, sold, conveyed and occupied subject to the terms, restrictions,
limitations, conditions, covenants, obligations, liens, right of ways and easements, set
forth in the Declaration, all of which shall run with the Property and inure to the benefit
of, and be binding upon, all parties having any right, title or interest in the Property or
any portion thereof, and such person's heirs, grantees, legal representatives, successors
and assigns.
WHEREAS, Declarant hereby submits the real estate identified above to the
provisions of the Colorado Common Interest Ownership Act, Sections 36-33.3-101
Colorado Revised Statutes (Act), as it may be amended from time to time. In the event
the Act is repealed, the Act, on the effective date of the Declaration, shall remain
applicable.
NOW, THEREFORE, Declarant does hereby declare that all of the Lots shall be
held, sold and conveyed subject to the following Covenants, Conditions and Restrictions
which are for the purpose of protecting the value and desirability of the Property and
which shall run with the real property and be binding on all parties having any right, title
or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each Owner. The purpose of these restrictions is to ensure the use
of the Property for attractive country residential purposes, to prevent nuisances, to
prevent the impairment of the attractiveness of the Property and to maintain the desired
tone of the subdivision and intended purposes of the Property and thereby to secure to
each Owner the MI benefit and enjoyment of his or her home with no greater restriction
on the free and undisturbed use of each Lot than is necessary to ensure the same
advantages to the other Owners.
C'Doeumntsawl Scrtio414LP 0xsisiDeldepU6shlind PtiiihYMYaw CoiaMn4FLW.doc
1
111111111111111111111111111111111111111 Ill 1111111111111
3728104 10/27/2010 02:38P Weld County, CO
2 of 23 R 121.00 D 0.00 Steve Moreno Clerk & Recorder
1. DEFINITIONS.
The words and terms defined in the Declaration shall have the meanings herein set forth
unless the context clearly indicates otherwise. Any term not defined shall be construed
pursuant to the Act or, if not defined in the Act, shall be given its common meaning.
1.1 Association. A Colorado Nonprofit Corporation known as The
Highland Farms Homeowners Association, Inc., established pursuant to Article 2 of this
Declaration.
1.2 Architectural Review Committee. A committee created by the
Association pursuant to Section 5 of this Declaration.
1.3 Common Areas. Common Areas are all real and personal property
owned, leased, or otherwise maintained by the Association for the common use and
enjoyment of the Owners, including but not limited to common elements as defined in.
Colorado statutes, including designated open space lands, easements and rights of way
for the common use and enjoyment of the Owners and improvements (including but not
limited to open space irrigation system, open space landscaping, mail box structures, and.
school bus stops). The roads within the subdivision are dedicated to and maintained by
Weld County. Specifically Highland Way and Highland Place. (See Exhibit A attached)
1.4 Declarant or Developer. The Declarant and/or Developer is
Highland Acquisition Group, L.L.C . ("Declarant"), its successors and assigns.
1.5 Developer Responsibilities. Refers to the construction of roads,
pursuant to specifications required by Weld County, known as Highland Place and
Highland Way, the construction of a mail box receptacle for the subdivision, the
ction oa school bus stop for the subdivision mid the creation andlandscaping_o
open space as depicted on the Final Plat.
1.6 Lot. A residential lot as platted on the Property.
1.7 Quorum. Except as otherwise provided in this Declaration, the
Owners present in person or by proxy at any meeting of Owners, representing fifty
percent (50%) of the votes in the Association, shall constitute a quorum at that meeting.
1.8 Single Family Dwelling. An independent structure designed and
occupied as a residence for a single family.
1.9 Subdivision. Highland Farms Subdivision.
2. THE ASSOCIATION.
2.1 Authority. The Association, through its Executive Board, shall
manage the business affairs of Highland Farms Subdivision as provided in this Declaration
C.1Dnunmk d SdrioplliOnxtU7uNaplhildaied IWghld Free Carcoene Pmtdoc
2
111111 11111 111111 iiim iiiii III iiiuii MINI iiii lilt
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so as to further the interests of the residents of the Subdivision and Members of the
Association. The Association shall be governed by its Bylaws, amended from time to time.
2.2 Powers. The Association shall have such powers and authority that
are permitted by the Act and necessary and proper to manage the business and affairs of the
Subdivision.
2.3 Future Income. The Association may assign its future income,
including its right to receive Common Expense assessments, only by the affirmative vote of
the Lot Owners of Lots to which at least 51 percent of the votes in the Association are
allocated, at a meeting called for that purpose.
2.4 Membership and Voting Rights. Every record owner of a Lot
subject to this Declaration shall be a Member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. Where more than one
person holds interest in any Lot, all such persons shall be Members. The Association shall
have one class of voting membership. The Owner or Owners of each Lot shall be entitled
to one vote.
2.5 Developer Control of the Association. Subject to the provision of
Article 4.7 hereof, there is a "Period of Declarant Control" during which Period the
Declarant may appoint and remove any officer of the Association or any member of the
Executive Board. The Period of Declarant Control shall terminate no later than (a) two
years after the last conveyance of a Lot by the Declarant in the ordinary course of business
to Owners other than the Declarant or (h) upon Declarant executing and recording a
Relinquishment of Declarant Rights indicating an earlier date of termination of the Period
of Declarant Control.
2.6 Right to Appoint and Remove. A Declarant may voluntarily
surrender the right to appoint and remove officers and members of the Executive Board
before termination of the Period of Declarant Control. In that event, the Declarant may
require, for the duration.of the Period of Declarant Control, that specified actions of the
Association or Executive Board, as described in a recorded instrument executed by the
Declarant, be approved by the Declarant before they become effective.
2.7 Election by Owners. At a meeting called for this purpose which
shall be held no later than the expiration of the Period of Declarant Control, the Owners
shall elect the Executive Board of the Association, which shall be comprised of at least
three (3) members, at least a majority of whom shall be Owners other than Declarant or
designated representatives of Owners other than Declarant.
2.8 Executive Board. The Association shall be managed by its
Executive Board (the "Board"). The Board shall be elected by a vote of the Owners in
annual meetings or special meetings of the Association, at which a quorum is present,
called for that purpose according to the Articles of Incorporation and By -Laws of the
Association. The Board of shall have such powers and duties and shall serve for such terms
of office as are set forth in the Articles of Incorporation and By -Laws of the Association.
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4.l .1 Notwithstanding any provision to the contrary in this Declaration,
the Owners other than Declarant shall be entitled to remove any member of the Board,
other than any Director appointed by Declarant, by the affirmative vote of sixty-seven
percent (67%) of the Owners other than Declarant.
3. ASSESSMENTS
3.1 Assessments. The Declarant and each Owner covenant and agree,
or are deemed to covenant and agree by acceptance of a Deed to a Lot, to pay to the
Association such Owner's allocated share of the Common Expenses. The term "Common.
Expenses" shall include the following items levied against a particular Owner or Lot: (i) the
Owner's allocated interest in the Common Expenses; (ii) late charges, attorneys' fees,
fines, and interest charged by the Association at the rate as determined by the Executive
Board; (iii) charges against a particular Owner and the Lot for the purpose of reimbursing
the Association for expenditures and other costs of the Association in curing any violation
of these Covenants or other governing documents of the Association or Highland Farms
Subdivision; and (iv) any sums permitted by these Covenants, other governing documents
of the Association or Highland Farms Subdivision and the Act to be assessed against a
particular Owner or Lot.
Common Expenses shall be assessed to the Owners in one or more of the following
categories (to be known collectively as "Assessments"):
3.2 General Assessments for expenses included in the budget,
3.3 Special Assessments for the purposes provided in this Declaration,
and
3.4 Individual Lot Assessments for any charges particular to that Lot.
3.5 Upon default in the payment of any one or more
installment payment(s), the Executive Board may accelerate the entire balance of such
Assessment, which shall be declared due and payable in full.
3.6 General Assessments. The Executive Board shall set the date or
dates such assessments become due and may provide for collection of assessments annually
or in monthly, quarterly or semiannual installments. During the initial year of ownership,
each Owner shall be responsible for his or her pro rata share of the annual General or
Special Assessment charged to each Lot, prorated to the month of closing.
3.7 Special Assessment. In addition to the General Assessment, the
Executive Board may levy in any fiscal year a Special Assessment applicable to that year
and not more than the next four succeeding years as follows:
(a) Capital Improvements. Any substantial capital improvement
which has been approved in accordance with this Declaration,
the Bylaw, Rules and Regulations ("Capital Improvements"),
or any capital improvement not required to be approved by the
Members, may be paid by Special Assessment.
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(b) Emergency Assessment. By a two-thirds (2/3) vote, the
Executive Board may impose a Special Assessment for any
unusual or emergency maintenance or repair, or other expense
required by this Declaration or the law (including, after
depletion of reserves, any unexpected expenditures not
provided by the budget or unanticipated increases in the
amounts budgeted).
3.8 Individual Lot Assessment. The Executive Board may levy at any
time an Individual Lot Assessment against a particular Lot for the purpose of defraying, in
whole or in part, the cost of any special services to that Lot, for expenses approved by the
Association, or any other charges designated in this Declaration as an Individual Lot
Assessment.
3.9 Effect of Non -Payment of Assessment; Remedies. All Assessments,
together with any late fee, interest and cost of collection when delinquent, including
reasonable attorneys' fees whether or not suit is brought (collectively the "Assessment
Charge") shall be the personal obligation of the Owner of the Lot at the time when the
assessment was levied as well as the personal obligation of any and all subsequent Owners
of the Lot, if unpaid. No Owner may waive or otherwise escape liability for the
Assessment Charge by transfer, sale, or abandonment of the Lot.
3.10 Creation of Lien. The Assessment Charge shall also be charged on
the land and shall be a continuing lien upon the Lot against which the Assessment Charge
is made, which may be enforced upon recording of a claim of lien, which lien shall be
superior to all other liens excepting any tax lien, any first mortgage (including Deed of
Trust) recorded prior to the recording of the lien provided for herein. This lien, in favor of
the Association, shall secure the Assessment Charge which is then due and which may
accrue subsequent to the recording of the claim of lien and prior to entry of final judgment
of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the
Assessment Charge on the land, whether or not a lien has been filed.
3.11 Late Payments. If the Assessment is not paid within thirty (30) days
after the delinquency date, the Assessments shall bear interest from the date of delinquency
at the rate of eighteen percent (18%) per annum, plus a late payment charge of Ten Dollars
($10.00) per month, and the Association may bring an action at law against the Owner
personally obligated to pay the same or to foreclose the lien against the property subject
thereto; and there shall be added to the amount of such Assessment, interest as above
provided, plus all costs of collection, including the Association's reasonable attorney's fees
incurred in connection with the default and collection of amount due.
3.12 Filing of Lien. If the Association elects to file a lien, the
Association may file with the Clerk and Recorder of Weld County, Colorado, a Statement
of Lien with respect to the Lot, setting forth the name of the Owner, the legal description of
the Lot, the name of the Association, and the amount of delinquent Assessments then
owning, which Statement shall be duly signed and acknowledged by the President or Vice
President of the Association, and which shall be served upon the Owner of the property by
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certified mail to the address of the property or at such other address as the Association may
have in its records for the Owner of the property. Thirty (30) days following the mailing of
such notice, the Association may proceed to foreclose the Statement of Lien in the same
manner as provided for the foreclosure of mortgages under the statutes of the State of
Colorado.
3.13 Notice to First Mortgagee. A First Mortgagee is entitled to written
notification of any default by the Owner of a Lot upon which their mortgage exists when
there is a default in the performance of such Owner's obligations and such default has
continued for a period of thirty (30) days.
3.14 Actions at Law. In either a personal or foreclosure action, the
Association shall be entitled to recover as a part of the action the interest, costs and
reasonable attorney's fees with respect to the action. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common Areas,
Common Facilities or abandonment of his/her Lot.
(a) Perfection and Notice of Lien. Recording of the Declaration
constitutes record notice and perfection of the lien. No further
recordation of any claim of lien for Assessments under this
Article is required. The Executive Board may prepare, and
record in the county in which the Lot is located, a written
notice setting forth the amount of the unpaid indebtedness, the
name of the Owner of the Lot, and a description of the Lot. If
a lien is filed, the cost thereof shall be considered an
Assessment Charge.
(b)
Suit for Payment; Foreclosure of Lien. The Association may
bring an action at law against the Owner personally obligated
to pay tlie Assessment Charge, or may toreeiose the lien in_ a
manner similar to a mortgage lien (as further provided above),
or both. The Association, acting on behalf of the Owners, shall
have the power to bid for an interest in any Lot foreclosed at
such foreclosure sale and to acquire, hold, lease, mortgage and
convey the Lot.
(c) Other Remedies. The Association shall have the right to assess
fines and suspend the voting rights and right to use of the
Common Area by an Owner for any period during which any
Assessment against his/her Lot remains unpaid.
3.15 Certification of Payment. The Treasurer of the Association, upon
request of any Owner, shall furnish a certificate signed by a member of the Executive
Board stating whether any assessments are paid to date by that Owner. Such certificate,
when co-signed by the Secretary of the Association, may be relied upon by a good faith
purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated
to have been paid.
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3.16 Examination of Books and Records. A first mortgagee shall have
the right to examine the books and records of the Association upon reasonable advance
notice.
3.17 Notice to Mortgagee. Upon request of a mortgagee of any Lot, the
Association shall report to such mortgagee any unpaid Assessments or other default under
the terms of this Declaration which are not cured by said mortgagee's mortgagor within
thirty (30) days. A report fee may be charged by the Association to the mortgagee to cover
the cost of these services.
3.18 Notice of Meetings. Any first mortgagee of a Lot, upon written
request, shall be entitled to written notice of all Association meetings and be permitted to
send a representative to such meetings.
3.19 Mortgagee as Proxy. Each Owner shall have the right to irrevocably
constitute and appoint the beneficiary of a trust deed to his/her true and lawful attorney to
cast his/her vote in this Association at any and all meetings of the Association and to vest
in the beneficiary any and all rights, privileges and powers that he has as Owner under the
Articles of Incorporation and Bylaws of the Association or by virtue of the recorded
Declaration of Covenants, Conditions, and Restrictions. Such proxy shall become effective
upon the filing of notice by the beneficiary with the Secretary of the Association at such
time or times as the beneficiary shall deem its security in jeopardy by reasons of failure,,
neglect or refusal of the Association, the managing agent or the Owners to carry out their
duties as set forth in the Declaration of Covenants, Conditions and Restrictions. A release
of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein shall
be construed to relieve an Owner as mortgagor of his/her duties and obligations as an
Owner or to impose upon the beneficiary of the deed of trust the duties and obligations of
an Owner.
3.20 Payment of Assessments by Mortgagees. Mortgagees of a Lot may,
jointly or singly, pay taxes, Assessments or other charges which are in default and which
may or have become a charge against any Lot.
4. MAINTENANCE OF COMMON AREAS
4.1 Maintenance Program. Common Areas and Drainage Facilities. The
Association shall establish a reasonable regular maintenance program for the Common
Areas and drainage facilities.
4.2 Routine Safety Inspections: Correction of Unsafe Conditions. The
Association shall cause routine safety inspections to be made of the Common Areas and
promptly make reasonable corrections of unsafe conditions.
4.3 Common Maintenance Costs. Common Maintenance Costs shall be
those costs necessary for the maintenance, repair and/or replacement of Common Areas.
Such Common Areas (see Exhibit A attached) include, but are not limited to the following:
(a) Emergency access roads located in the open space;
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(b) Riparian areas, if any;
(c) Selected easements owned or held by the Association;
(d) Designated open space;
(e) Outlets;
(f) Stormwater retention and/or detention facilities;
(g) Stormwater conveyance facilities including drop structures, if
any, inlet and outlet structures, stormwater conveyance
swales and/or ditches in Common Areas, excluding swales
and structures running through, over, under and/or adjacent to
Lots held in private ownership;
(h) Site identification signs;
(i) Site informational and/or directional signage;
(j) Incidental facility lighting, excluding street area lighting;
(k) Irrigation systems, excluding such systems owned by
individual Lot Owners;
(1) Common gardens and/or entry features;
(m) Security gates, if any;
(n) Perimeter fencing, if any;
(o) Security fencing, if any; and
(p) Any other facilities, area, features, or elements the
maintenance responsibility for which the majority of the
Association may accede.
The cost and expense of all maintenance assumed by the Association shall be paid for
with Association funds collected by Assessments or otherwise as elsewhere provided in
this Declaration.
5, ARCHITECTURAL REVIEW BOARD
5.1 Establishment and Membership of Architectural Review Committee,
An Architectural Review Committee has been established by Declarant. The Architectural
Review Committee shall continue until such time as the Association may be terminated.
The Architectural Review Committee shall initially consist of the Declarant. During the
Period of Declarant Control, the Declarant shall appoint the Architectural Review
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Committee. Thereafter the Architectural Review Committee shall be appointed by the
Executive Board.
5.2 Professional Builder. Each Owner shall retain a qualified contractor
to construct the residence and all significant improvements on such Owner's Lot.
5.3 Address of Architectural Review Committee. The address of the
Architectural Review Committee shall be at the principal office of the Association.
5.4 Submission of Plans. Prior to commencement of work within the
Subdivision to accomplish any proposed improvement to property, the person proposing to
make such improvement to property ("Applicant") shall submit to the Architectural Review
Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation
drawings, landscaping plans, construction plans, specifications and samples of materials
and colors as the Architectural Review Committee shall reasonably request showing the
nature, kind, shape, height, width, color, materials, and location of the proposed
improvement to property. The Applicant shall be entitled to receive a receipt for the same
from the Architectural Review Committee or its authorized agent. The Architectural
Review Committee may require submission of additional plans, specifications or other
information prior to approving or disapproving the proposed improvement to property.
Until receipt by the Architectural Review Committee of all required materials in
connection with the proposed improvement to property, the Architectural Review
Committee may postpone review of any materials submitted for approval.
5.5 Criteria for Approval. The Architectural Review Committee shall
approve any proposed improvement to property only if it deems in its reasonable discretion
that the improvement to property in the location indicated will not be detrimental to the
appearance of the surrounding areas of the development as a whole; that the appearance of
the proposed improvement to property will be in harmony with the surrounding areas of the
Subdivision; that the improvement to property will not detract from the beauty,
wholesomeness and attractiveness of the Subdivision or the enjoyment thereof by Owners;
and that the upkeep and maintenance of the proposed improvement to property will not
become a burden on the Association. The Architectural Review Committee may condition
its approval of any proposed improvement to property upon the making of such changes
therein as the Architectural Review Committee may deem appropriate.
5.6 Architectural Review Committee Guidelines or Rules. The
Architectural Review Committee shall issue guidelines or rules relating to the procedures,
materials to be submitted and additional factors which will be taken into consideration in
connection with the approval of any proposed improvement to property.
5.7 Architectural Review Fees. The Architectural Review Committee
may, in its guidelines or rules, provide payment of fees to accompany each request for
approval of any proposed improvement to property. The Architectural Review Committee
may provide that the amount of such fees shall be uniform for similar types of any
proposed improvement to property, or the fees may be determined in any other reasonable
manner, such as based upon the reasonable cost of the proposed improvement to property.
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5.8 Decision of Architectural Review Committee. The decision of the
Architectural Review Committee shall be made within thirty (30) days after receipt by the
Architectural Review Committee of all materials required by the Architectural Review
Committee. The decision shall be in writing and, if the decision is not to approve a
proposed improvement to property, the reason therefore shall be stated. The decision of the
Architectural Review Committee shall be promptly transmitted to the Applicant at the
address furnished by the Applicant to the Architectural Review Committee.
5.9 Failure of Architectural Review Committee to Act on Plans. The
Architectural Review Committee shall attempt to review plans submitted to it within thirty
days (30) after receipt of all required materials. However, failure to approve or disapprove
said plans within such time frame shall not affect the right of the Architectural Review to
render a decision on said plans thereafter.
5.10 Notice of Completion. Promptly upon completion of the
improvement to property, the Applicant shall give written notice of completion to the
Architectural Review Committee and, for all purposes hereunder, the date of receipt of
such notice of completion of such improvement to property.
5.11 Inspection of Work. The Architectural Review Committee or its
duly authorized representative shall have the right to inspect any improvement to property
prior to or after completion. The right of inspection shall terminate thirty (30) days after
the Architectural Review Committee shall have received a notice of completion from the
Applicant, provided that the Architectural Review Committee is given full access and
opportunity to undertake such inspection. Failure to allow such inspection shall extend the
time frame to complete the inspection as the Architectural Review Committee may
reasonably require.
5.12 Notice of Noncompliance. If, as a result of inspections or otherwise,
the Architectural Review Committee finds that any improvement to property has been done
without obtaining the approval of the Architectural Review Committee or was not done in
substantial compliance with the description and materials furnished by the Applicant to the
Architectural Review Committee or was not completed within one year after the date of
approval by the Architectural Review Committee, or was not commenced within two years
of the conveyance of the Lot to the Lot owner, the Architectural Review Committee may
notify the Applicant or Lot owner in writing of the noncompliance. The notice shall
specify the particulars of the noncompliance and shall require the Applicant to take such
action as may be necessary to remedy the noncompliance.
5.13 Failure of Architectural Review Committee to Act After
Completion. Upon receipt by the Architectural Review Committee of a written notice of
completion from the Applicant, the Architectural Review Committee shall attempt to
inspect the property and advise the Applicant of any noncompliance within thirty (30) days,
but failure to do shall not affect the Architectural Review Committee's right to thereafter
give a notice of noncompliance.
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5.14 Correction of Noncompliance. If the Architectural Review
Committee determines that a noncompliance exists, the Lot Owner shall remedy or remove
the same within a period of not more than forty-five (45) days from the date of receipt by
the Lot Owner of the ruling of the Architectural Review Committee. If the Lot Owner does
not comply with the Architectural Review Committee's ruling within such period, the
matter may be referred to the Association, and the Association may, in its discretion, record
a notice of noncompliance against the real property on which the noncompliance exists,
may institute judicial proceedings to allow it to remove the non complying improvement,
or may otherwise remedy the noncompliance, and the Lot Owner shall reimburse the
Association, upon demand, for all expenses incurred therewith. If such expenses are not
promptly repaid by the Applicant or Owner to the Association, the Association may levy a
reimbursement assessment against the owner for such costs and expenses. The right of the
Association to remedy or remove any noncompliance shall be in addition to all other rights
and remedies which the Association may have at law, in equity, or under this Declaration.
5.15 No Implied Waiver or Estoppel. No action or failure to act by the
Architectural Review Committee or by the Association shall constitute a waiver or
estoppels with respect to future action by the Architectural Review Committee or the
Association with respect to any improvement to property. Specifically, the approval by the
Architectural Review Committee of any improvement to property shall not constitute
approval of, or obligate the Architectural Review Committee to approve, any similar
proposals, plans, specifications or other materials submitted with respect to any other
proposed improvement.
5.16 Architectural Review Committee Power to Grant Variances. The
Architectural Review Committee may authorize variances from compliance with any of the
provisions of this Declaration or any Supplemental Declaration, including restrictions upon
height, size, floor area or placement of structures or similar restrictions, when
circumstances such as topography, natural obstructions, undue hardship, aesthetic or
environmental considerations may require. Such variances must be evidenced in writing
and shall become effective when signed by at least a majority of the members of the
Architectural Review Committee. If any such variance is granted, no violation of the
provisions of this Declaration or any Supplemental Declaration shall be deemed to have
occurred with respect to the matter for which the variance was granted; provided, however,
that the granting of a variance shall not operate to waive any of the provisions of this
Declaration or any Supplemental Declaration for any purpose except as to the particular
property and particular provision hereof covered by the variance, nor shall the granting of a
variance affect in any way the owner's obligation to comply with all governmental laws
and regulations affecting the Property concerned, including, but not limited to, zoning
ordinances and setback lines or requirements imposed by any governmental authority
having jurisdiction.
5.17 Compensation of Members. Members of the Architectural Review
Committee shall receive no compensation for services rendered, except for its professional
members, who shall be reasonably compensated for their services. All members shall
receive reimbursement for out of pocket expenses actually incurred by them in the
performance of their duties hereunder.
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5.18 Meetings of Architectural Review Committee. The Architectural
Review Committee shall meet form time to time as necessary to perform its duties
hereunder. The Architectural Review Committee may, from time to time, by resolution in
writing adopted by a majority of the members, designate an Architectural Review
Committee Representative (who may, but need not, be one of its members) to take any
action or perform any duties for or on behalf of the Architectural Review Committee,
except the granting of approval to any improvement to property and granting of variances.
The action of such Architectural Review Committee Representative within the authority of
such Architectural Review Committee Representative or the written consent or the vote of
a majority of the members of the Architectural Review Committee shall constitute action of
the Architectural Review Committee.
- 5.19 Records of Actions. The Architectural Review Committee shall
report in writing to the Association's Executive Board all final actions of the Architectural
Review Committee and the Architectural Review Committee shall keep a permanent record
of such reported actions.
5.20 Approval or Disapproval Certificates. The Association shall, upon
the reasonable request of any interested party and after confirming any necessary facts with
the Architectural Review Committee, furnish a certificate with respect to the approval or
disapproval of any improvement to property or with respect to whether any improvement to
property was made in compliance herewith. Any person without actual notice to the
contrary shall be entitled to rely on said certificate with respect to all matters set forth
therein.
5.21 No liability for Architectural Review Committee Action. None of
the Architectural Review Committee, any member of the Architectural Review Committee,
any Architectural Review Committee Representative, the Association, nor any member of
the Association's Executive Board or Developer shall be liable for any loss, damage or
injury arising out of or in any way connected with the performance of the duties of the
Architectural Review Committee, except that individuals may be liable for their own
willful misconduct or bad faith. The Architectural Review Committee does not review
property or improvements for safety or compliance with state and local law, and shall not
be liable for injuries or claims related thereto.
6. ARCHITECTURAL STANDARDS
6.1 Restrictions. No building, barn corral, shed, storage structure,
awning, fence or any other structure shall be erected, placed or altered on any Lot, nor
shall there be any external modifications to any such structure, until the plans and
landscaping specifications showing the nature, kind, shape, height, materials and location
of the same have been submitted to and approved in advance by the Architectural Review
Committee in writing. No material landscaping shall be installed on any Lot, or altered
thereafter, unless a landscaping plan showing the nature, type, height, and location of the
proposed landscaping improvements has been submitted to and approved in advance by
the Architectural Review Committee, in writing. Without limiting the generality of the
foregoing, prior approval of the Architectural Review Committee must be obtained for
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any of the following: (i) attachments to the exterior of a structure, (ii) installation of
greenhouses, (iii) installation of patio covers„ landscaping, screening, trellises and the
like, (iv) change in exterior paint colors (v) installation of any barn, corral, shed, or
storage building (vi) any other exterior change, including cosmetic changes such as
location, garage doors, shutters and the like. The authority of the Architectural Review
Committee shall extend to the quality, workmanship and materials for any structure
proposed; conformity and harmony of exterior design, and finish with existing structures
within the Subdivision; location of all structures with respect to the existing buildings,
topography and finished ground elevation; and all other matters required to assure that
sure structures enhance the quality of the Subdivision and are erected in accordance with
the plan for the Subdivision.
6.2 Guidelines and Rules. The Architectural Review Committee shall
adopt Guidelines and Rules governing the type of structures to be permitted in the
Subdivision, permitted construction materials and the like. These Guidelines and Rules
are made for the purpose of creating and keeping the Subdivision, so far as possible,
desirable, attractive, beneficial, uniform, and suitable in architectural design, materials,
and appearance; limiting the use of lots to single family residential dwellings; guarding
against unnecessary interference with the natural beauty of the Subdivision; locating
structures on lots so as to minimize to the extent reasonably possible, the obstruction of
views of other Lot Owners and prohibiting improper uses of adjoining properties in the
Subdivision, all for the mutual benefits and protection of all Owners.
6.3 Size. The total square footage of the main structure of each private
dwelling, exclusive of garages, carports, porches and patios shall not be less than 2500
square feet for single story dwellings and 3200 square feet for multiple story dwellings.
No building shall exceed forty feet (40') in height as measured from ground level, and no
building shall exceed two (2) stories and a loft as viewed from the street side. Ali
dwellings must be constructed on site.
6.4 Garages and parking. Each Single Family Dwelling shall have an
attached garage having space for at least two (2) automobiles. An additional garage may
be constructed, if approved by the Architectural Review Committee. Each Lot must have
provision for off street parking for at least two (2) automobiles, exclusive of garage
space. Off street parking shall be provided in such a manner as to not block or impair
garage access to and from the street.
6.5 Uniform Building Code. Any and all structures constructed upon
or placed upon the subdivision, including but not limited to residential dwellings and all
detached outbuildings shall be built to and comply with the Uniform Building Code as
adopted by the Uniform Building Code for the State of Colorado.
6.6 Ground Cover. Each Owner agrees to maintain adequate ground
cover free of noxious weeds on their described property so wind or water erosion does
not occur and cause damage to adjacent property. Any ground cover loss due to
construction shall be replaced within the first growing season.
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6.7 Sales and Construction Facilities of Declarant. Notwithstanding any
provision in this Article 6, Declarant, any participating builders, and their agents,
employees and contractors shall be permitted to maintain during the period of construction
and sale of the homes in the Subdivision upon such portion of the Property as Declarant
may choose, such facilities as in the sole opinion of the Declarant may be reasonably
required, convenient, or incidental to the construction, sale or rental of Lots and residences
including, but not limited to, construction and storage areas, construction trailers, model
homes and business and sales offices located in any Lots in the Subdivision, lighting, and
temporary parking facilities for all employees of Declarant, provided, however, that the
limit on Declarant's right to use the Property for sales purposes shall not limit its right to
use the Properties for construction or development purposes; provided further that these
rights shall terminate no later than ten (10) years after the effective date of this Declaration,
and provided further, that such use shall not unreasonably interfere in any way with the
right of ingress or egress to any privately owned residence and the use and enjoyment
thereof as a private residence, nor the rights of ingress or egress to the Common Area and
any improvements thereon, nor the use thereof for recreation or other proper purposes by
the Owners and the Members, agents and Officers of the Association.
7. LAND USE AND OTHER RESTRICTIONS
7.1 Residential Lots. The land use of the lots shall be residential
Single Family Dwellings. Buildings shall comply with state and local law, the
requirements of the Architectural Review Committee as set forth in Article 8 and the
Architectural Standards as set forth in Article 9.
7.2 Lot Owner to Maintain Entire Lot. Each Owner is responsible for
maintenance and landscaping of his or her entire Lot, including portions subject to any
utility and drainage easements. Easements for the installation and maintenance of utilities,
trails, landscaping, and drainage facilities are reserved as shown on the Final Nat, and
include any recorded at a later date. Within these easements, no structure, planting or other
materials shall be placed or permitted to remain that may (1) damage or interfere with the
installation and maintenance of utilities, (2) change the direction of flow of drainage
channels in the easements which hinders or obstructs the use of the trails system, or (3)
adversely affects landscaping installed by the Developer. If any landscaping or structure is
installed that violates such requirements, the Association may give the property owner
written notice to remove such landscaping or structure within fifteen (15) days. If the
owner fails to move the landscaping or structure within that time, the Association may have
such work done at the expense of the owner of the Lot. The Owner shall pay for such work
within thirty (30) days after written notice to the Owner of the cost of such work. In the
event of failure to pay within that time, the Association may take legal action against the
Lot Owner. The Lot Owner shall be liable for any attorney's fees, expenses, and costs
incurred by the Association in the attempt to collect monies due and owing.
7.3 Limitations of Land Use. No building or other structure shall be
erected upon each Lot except for one private residential dwelling, together with no more
than two detached outbuildings. Each private dwelling may have a garage, patio, porch
or breezeway, which shall not be considered a detached outbuilding, so long as such
structure is attached to the private dwelling.
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7.4 Temporary Structures. No structure of a temporary character, such
as a trailer, basement, tent, storage shed or shelter, garage, barn, or other out building,
shall be permitted on any Lot at any time, except by the Developer during the process of
construction, or as approved by the Architectural Review Committee.
7.5 Nuisance. Nothing shall be done upon any Lot that shall be or may
become an annoyance or nuisance to the adjoining property owners. No noxious, illegal,
dangerous or offensive activity shall be carried on upon any Lot of the subdivision. No
instrumentalities creating loud and obnoxious noises shall be allowed,
7.6 Unsightly Uses. Each Lot shall, at all times, be kept in a clean and
wholesome condition. No trash, litter, junk, boxes, containers, bottles, abandoned,
unlicensed or disabled cars, abandoned or disabled farm implements or machinery, car
parts, car bodies or machinery parts shall be permitted to remain exposed to view upon
any Lot.
7.7 Garbage and Trash Removal. No Lot or part of any Lot of the
subdivision shall be used or maintained as a dumping ground for rubbish. Trash, garbage
or other waste shall not be kept, except in sanitary containers. All containers or other
equipment for storage or disposal of such materials shall be kept in a clean and sanitary
condition. All residents within the Subdivision shall have their trash picked up by the
same trash -hauling company on the same day of the week. Selection of the trash -hauling
company shall be the responsibility of the Association. Each resident within the
Subdivision shall be separately liable for the trash -hauling charges for his/her Lot.
Incinerators and burning of trash are not allowed
7.8 At -Home Professions. Residents may be allowed to work in their
homes only in accordance with Weld County land -use and zoning regulations for the (E)
:Estate Residential Zone and subsequent amendments. Any at-home employment shall be
conducted only by a resident of the dwelling. Retail sales shall not be conducted on any
Lot, and no evidence of the at-home profession shall be visible from outside the dwelling
unit.
7.9 Disabled or Junk Vehicles. Disabled or Junk vehicles shall not be
stored on streets, driveways or Lots. No person shall repair or rebuild any vehicle within
the Subdivision, except within a garage or outbuilding.
7.10 Restrictions on Leasing of Residences. A Lot owner may lease
his/her residence, provided the entire residence is leased. Any lease agreement shall
include language that states all provisions of this Declaration will be observed. The Lot
Owner shall include a provision in any lease stating that violations of this Declaration
constitute a default under the lease.
7.11 Solar Energy Devices. The utilization of solar energy devices is
encouraged. All solar energy devices must either be a) architecturally and aesthetically
integrated into the structure they serve, or b) screened from the view of the street and
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adjacent Lots and streets. All solar devices and their placement must be approved by the
Architectural Review Committee.
7.12 Wind Energy Devices. The utilization of wind energy for a single
family dwelling unit is not considered economically viable at this time and is
discouraged. Exceptions may be considered by the Architectural Review Committee.
7.13 Fencing. The Architectural Review Committee shall approve in
advance any fencing within the Subdivision. For perimeter fences, the fence shall be
three (3) rails, four feet (4') in height. No barbed wire shall be allowed on any residential
lot.
7.14 Outside Lighting. No outside lighting shall be installed without
prior written approval by the Architectural Review Committee.
7.15 Antennas. No television antenna, radio antenna or similar
equipment shall be mounted on the exterior of any building or erected on any other
portion of a Lot. Satellite dishes may be installed and maintained if screened from the
view of the other Lots. The location and screening method for each satellite dish must be
approved in advance by the Architectural Review Committee.
7.16 Sanitary Sewer/Septic Systems. Each respective Owner shall
construct and maintain on his or her Lot an individual sanitary sewer system pursuant to
all rules and regulations of local, county and state authorities. Primary and secondary
septic systems on the Lot shall be installed and maintained in accordance with the
requirements delineated on the Final Plat. Activities such as permanent landscaping,
structures, dirt mounds, or other items are expressly prohibited in the absorption field
site.
7.17 .
- Restrictions- on Replay; or Subdividing. Na .eplatting or f.:r-t-iae
subdivisions of the Property shall be allowed unless approved by the Association and in
accordance with applicable Local, County, State and Federal regulations.
8. ANIMAL AND AGRICULTURAL RESTRICTIONS
8.1 Equine Animals. Each Lot is allowed a maximum of two (2)
Equine Animals on the Lot. Such equine animals shall be maintained in proper
enclosures or corrals and may not be allowed to roam or graze at large upon the Common
Areas of the Subdivision.
8.2 Dogs and Cats. Each Lot is allowed a maximum of four dogs and
four cats, not including unweaned litters. Dog(s) and cat(s) are restricted to their
respective Lots and are not allowed to roam at large within the Subdivision. Owners
shall maintain proper animal enclosures and restraints for all pets. Dogs and cats may be
walked on the Common Areas. The Association may require any pet considered a
nuisance to be kept within the enclosed portion of its owner's Lot
c: mt• SetiieplIZP_OwanDesklortbdtilndmli t.MFin..camm.Fsraer 16
1111111 1111 111111 1111111111 111 1111111 1111111111111111
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8.3 Agricultural or Other Animals. Except as provided herein, no
livestock, cattle, birds, llamas, poultry, fowl, or any other animals that would routinely be
expected to reside outside of the primary residence are be allowed within the Subdivision.
The Association may, from time to time, promulgate new rules and regulations
concerning animals, including possible waiver for activities such as 4-H projects.
8.4 Agricultural Activities. All agricultural activities and the raising of
any Animal Units or produce of any nature permitted herein must be incidental to the
normal residential land -use of the Lot and not be of a commercial nature. Any animal
pens, stalls, cages and enclosures shall be maintained on a regular basis to assure a neat
and orderly appearance and a clean healthy atmosphere. The Association may require the
removal from a particular Lot of any animal(s) if the keeping or maintenance of such
animal(s) is deemed offensive based upon odors, noise or dust intruding upon other Lots.
8.5 Overgrazing. Owners shall not allow overgrazing of any pasture
area on their Lots. A pasture is considered overgrazed if the average height of the
vegetation is less than two inches (2"). If a pasture is overgrazed, the Association may
require the owner to replant and thereafter control access to prevent future overgrazing. If
an owner fails or neglects to cure an overgrazing problem, the Association shall have the
authority to terminate such owner's right to keep equine Animal Units on the Lot.
9. WELD COUNTY RIGHT -TO -FARM COVENANTS.
9.1 Weld County's Right To Farm. Weld County is one of the most
productive agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize
and accept there are drawbacks, including conflicts with longstanding agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas; open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features, which attract urban dwellers to rural Weld County,
would quickly be gone forever.
9.2 Agricultural users of the land should not be expected to change their
long established agricultural practices to accommodate the intrusions of urban users into a
rural area. Well run agricultural activities will generate off -site impacts, including noise
from tractors and equipment, slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot
simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
9.3 Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to
,7:%Dowmms and SmapUROweanDdooplhiShhnd 7UlishiugFarm Cavmrui Fluid=
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be a nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production.
9.4 Weld County covers a land area of over 4,000 square miles in size
(twice the State of Delaware) with more than 3,700 miles of state and county roads outside
of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of
the county and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to
arterials may not be cleared for several days after a major snowstorm. Snow removal for
roads within subdivisions is of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient
than urban dwellers.
9.5 Children are exposed to different hazards in the county than in an
urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operation, high-speed traffic, sand
burs, puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood. Parents are responsible for their children.
10. NOTICE OF OIL AND GAS OPERATIONS
10.1 Potential owners are hereby notified that there are Oil and Gas
Operations on the Property and that the Property is subject to the terms of a Surface Use
Agreement. Such potential owners are hereby notified of the following:
10.2 They are not purchasing and will not own any rights in the oil, gas
and mineral estate in and to the Property;
10.3 There may be ongoing oil and gas operations and production on the
surface of the Property within the Oil and Gas Operations Areas, pipeline easements and
access routes;
10.4 There are likely to be wells drilled and oil and gas production
facilities constructed and installed within the Oil and Gas Operations Areas and flowlines
and pipelines constructed and maintained on the Property;
10.5 Heavy equipment will be used by the Oil Companies from time to
time for oil and gas drilling and production operations and such operations may be
conducted on a 24 -hour basis; and
10.6 Homeowner associations and buyers of individual lots or homes will
be subject to and burdened by all of the covenants and waivers made by Surface Owner in
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the Surface Use Agreement, including, but not limited to those covenants and waivers; i)
prohibiting the location of any building, structure, or other improvement within the Oil and
Gas Operations Areas; ii) waiving objections to the drilling of wells, the construction of
facilities, and the conduct of oil and gas operations on the Property consistent with this
Agreement; and iii) waiving objections to the setback requirements under the rules of the
COGCC or any local jurisdiction.
11. GENERAL PROVISIONS.
11.1 Reservation of Easements, Exceptions, and Exclusions. Declarant
reserves the right to establish from time to time, by dedication or otherwise, utility
(including cable television) and other easements, for purposes including but not limited to
streets, paths, walkways, drainable recreation areas, parking areas, ducts, shafts, flues,
conduit installation areas, and to create other reservations, exceptions and exclusions
consistent with the ownership of the Property for the best interest of all Owners and the
Association in order to serve all the Owners within the Subdivision. The rights herein
reserved unto Declarant shall continue until Declarant no longer retains an interest in the
Project, or ten (10) years after the effective date of this Declaration, whichever occurs first.
11.2 Rights of Declarant and Participating Builders Incident to
Construction. Notwithstanding any contrary provision in this Declaration, an easement is
hereby reserved by and granted to Declarant and any Participating Builder for access,
ingress, and egress over, in, upon, under, and across the Project, including but not limited
to the right to store materials thereon and to make such other use thereof as may be
reasonably necessary or incidental to Declarant's or any such Participating Builder's
construction on the Properties; provided, however, that no such rights or easements shall be
exercised by Declarant in such a manner as to unreasonably interfere with the occupancy,
use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of
that Owner's Lot.
11.3 Duration. The Covenants, Conditions and Restrictions of this
Declaration shall run with the land, and shall inure to the benefit of the Association and the
Owner of any Lot subject to this Declaration, their respective legal representatives, heir,
successors, and assigns, in perpetuity until this Declaration is terminated in accordance
with Section 11.5 below.
11.4 Amendments. These Covenants, Conditions and Restrictions may
be amended by an instrument executed on behalf of the Association by the President and
attested by the Secretary; provided that, any amendment shall have the assent of 6 of the 9
Lot Owners who are voting in person or by proxy, at a meeting duly called for this purpose,
written notice of which shall be sent to all Owners at least thirty (30) days in advance and
shall set forth the purpose of the meeting. Any amendment must be properly recorded.
Each Lot shall receive one vote for purposes of this paragraph. Article 4 of this
Declaration concerning Maintenance of the Common Area and Article 9 of this Declaration
concerning Weld County Right -to -Farm Covenants may not be amended without prior
notice and consent of Weld County, Colorado. Article 10 of this Declaration concerning
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Notice of Oil and Gas Operations may not be amended without surface use agreements in
place with all Oil and Gas owners obviating the need for such section.
11.5 Termination. Except in the case of a taking of all the Lots by
condemnation, the Declaration may be terminated only by agreement of the Owners to
which at least sixty-seven percent (67%) of the votes in the Association are allocated, as
more fiilly set forth in §38-33.3-218 of the Act. The proceeds of any sale of the real estate
together with assets of the Association shall be held by the Association as trustee for the
Owners and holders of liens upon the Lots as their interests may appear, as more fully set
forth in §38-33.3-218 of the Act. Notwithstanding such termination or upon the dissolution
of the Association, the Owners shall remain individually and collectively responsible for
maintenance of the common areas as set forth in this Declaration.
11.6 Enforcement. The Association, any Owner, Architectural Review
Committee and/or the Declarant, may enforce by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charges now or thereafter
imposed by the provisions of the Declaration, either to prevent or restrain any violation of
same, or to recover damages or other dues for such violation, or to obtain such other relief
as may be available. Failure by the Association or by any Owner to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
11.7 Notices. Any notice required to be sent to any Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed,
postage paid, to the last known address of the person who appeared as an Owner on the
roster of the Association at the time of such mailing.
11.8 Attorneys' Fees and Costs. If any action is brought in a court of law
or put into arbitration as to the enforcement, interpretation, or construction of any of these
Covenants, Conditions and Restrictions, the prevailing party in such action shall be entitled
to recovery of engineering fees, architectural fees, attorney's fees, or other professional fees
as well as all costs incurred in the prosecution or defense of such action.
11.9 Binding Effect. The benefits and duties herein accrued to or
imposed upon the Declarant shall be binding upon and inure to the benefit of the Declarant
and its successors and assigns.
11.10 Power to Assign and Delegate. Declarant shall have the right and
power to assign and delegate to any person or entity its successors and assigns, at any time
and from time to time, all or part of any of the rights, powers, authorities, title, interest, and
duties contained in this Declaration.
11.11 Mergers. Upon a merger or consolidation of the Association with
another Association as provided in its Articles of Incorporation, its properties, rights and
obligations may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another association
may by operation of law, be added to the properties, rights and obligations of the
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Association as a surviving corporation pursuant to a merger. The surviving or consolidated
association shall administer the covenants and restrictions established by this Declaration
together with the covenants and restrictions established upon any other properties as one
scheme. No such merger or consolidation, however, shall affect any revocation, change or
addition to the covenants established by this Declaration except as provided herein.
11.12 Zoning and Specific Restrictions. The restrictions contained in this
Declaration shall not be taken as permitting any action prohibited by the applicable zoning
laws, or the laws, rules or regulations of any governmental authority, or by specific
restrictions imposed by any deed or lease. In the event of any conflict between the
provisions of this Declaration and restrictive provisions of such laws, rules, regulations,
deeds, and/or leases, the most restrictive provision or provisions shall apply.
11.13 Severability. If any provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be
deemed to be severable, and all other provisions of this Agreement shall remain fully
enforceable, and this Agreement shall be interpreted in all respects as if such provision
were omitted.
11.14 No Waiver. No prevision of this Declaration shall be deemed to
have been abrogated or waived by reason of any failure to enforce the same, irrespective of
the number of violations or breaches which may occur.
11.15 Governing Law. This Declaration shall be construed in accordance
with the laws of the State of Colorado.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
CAlccomear ski Sepinall.prmertnerhoplhigland Nfiyiint isms Carcmets FouiAoc 21
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3728104 10/27/2010 02:38P Weld County, CO
22 of 23 R 121.00 D 0.00 Steve Moreno Clerk & Recorder
rNi WITNESS WHEREOF the undersigned, being the owner of Highland Farms
Subdivision, Weld County Colorado has hereunto set his hand and seal the date and year
first written above.
Highland Acquisition Gr+up, L.L.C.
By:
STATE OF COLORADO }
}SS
COUNTY OF Y� . f aloe- }
abert M. Bul aup, M • ger
}
The foregoing instrument was acknowledged before me, a Notary Public, this i
' day
of ` p-1c.rnhe , 2010 by Robert M. Rulthaup as Manager of the Highland
Acquisition Group, L.L.C.
WITNESS my band and official seal.
My Commission Expires 07!112011
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23
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mr. Choate:
Timothy J. O'Neill <toneill@lyonsgaddis.com>
Tuesday, October 24, 2017 1:35 PM
Bob Choate
Esther Gesick; Cameron A. Grant; Maureen C. Simpson
RE: Highland Farms - Road Maintenance
20171024 Draft Letter Notice of Meeting-HFHA.pdf; 20171024 L Enclosure for Notice of
Meeting.pdf; 20171024 Highland Farms HOA Addresses.pdf
We have confirmed with our client that the November 6, 2017 meeting will work. We intend to get the notice
out tomorrow, but per your email below we wanted to pass this by you for a quick review first. According to my
calendaring, we need to get this out Friday, October 26 in order to meet the ten-day notice
requirement. Please let me know if you have any questions or concerns about the attached Notice. I have
also attached the Enclosure and updated mailing labels list.
Sincerely, Tim
aLYONS AATTORNEYS
Timothy J. O'Neill
Special Counsel
toneill@lyonsgaddis. com
P.O. Box 978
Longmont, CO 80502-0978
P: 303-776-9900 I F: 303-776-9100
lyonsgaddis.com
CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT
PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO
US. THANK YOU.
From: Bob Choate [mailto:bchoate@weldgov.com]
Sent: Friday, October 13, 2017 8:00 AM
To: Cameron A. Grant <CGrant@lyonsgaddis.com>
Cc: Timothy J. O'Neill <toneill@lyonsgaddis.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: Highland Farms - Road Maintenance
Cameron,
I spoke with the Clerk to the Board, who offers you the choice of the following dates: November 6, 13, or 20.
Board meetings start at 9:00 a.m. Per Weld County Code section 8-6-150 you need to provide notice:
"The sponsor of the roadway project desiring to obtain County maintenance shall first address such request to the
Board of County Commissioners for its consideration at one (1) of its regularly -scheduled business meetings. The
sponsor Shall be responsible to pay the entire cost of notification to owhers and/or occupants of lands lying
adjacent to the roadway. Such notification shall include a description of the request and shall set forth the time
and place of the Board consideration."
1
Drew and I previously agreed on the form of the notice. See attached. If you would like to change it, please let me
do a quick review first. Otherwise, we like to provide a minimum of 10 days' notice prior to the hearing, so you'll
need to plan accordingly.
Please let me know what date works for you, or if you need anything else on this.
Thanks,
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Cameron A. Grant [mailto:CGrant@lyonsgaddis.com]
Sent: Thursday, October 12, 2017 4:02 PM
To: Bob Choate <bchoate@weldgov.com>
Cc: Timothy J. O'Neill <toneill@lyonsgaddis.com>
Subject: Highland Farms - Road Maintenance
Bob:
I hope you are well. As you will recall, Drew Lyman from my office had been working with you in relation to a
proposal from the Highland Farms Homeowners Association. Drew has since taken a position in Morgan
County. Tim O'Neill and I will be handling this matter moving forward. The HOA is now ready to present their
proposal to the Commissioners and I would appreciate your help getting the matter on their agenda. Would
you get back to Tim and me to discuss the process and timing?
Thanks. I look forward to hearing from you.
LF.,LYONS GADDIS
Cameron A. Grant
cgrant(c)lyonsdaddis. corn
P.O. Box 978
Longmont, CO 80502-0978
P: 303-776-9900 I F: 303-776-9100
Ivonsgaddis.com
CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT
PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO
US. THANK YOU.
2
Jeffrey J. Kahn
John Wade Gaddis
Bradley A. Hall
Steven P. Jeffers
Anton V. Dworak
Adele L Reester
Catherine A. Tallerico
Scott E. Holwick
Cameron A. Grant
Matthew Machado
Madoline Wallace -Gross
Thomas L Beckmann
Chad A. Kupper
Elizabeth M. Joyce
John Chmil
Drew L. Lyman
SPECIAL COUNSE[
Wallace H. Grant
Suzan D. Fritchel
Eve I. Canfield
SENIOR COUNSEL
Richard N. Lyons, II
Daniel F. Bernard
(1942-2011)
‘1 -
LYONS GADDIS
ATTORNEYS & COUNSELORS
June 21, 2017
Mr. Jay McDonald, Director
Weld County Public Works Department
1111 H Street
Greeley, Colorado 80632
VIA EMAIL
Jmcdonald@weldaov.com
Re: Highland Farms Subdivision — Highland Place and Highland Way
Dear Mr. McDonald:
Thank you for discussing Highland Farms Subdivision's desire to reopen the
request for County maintenance of the two roads within the subdivision,
Highland Place and Highland Way. Under Section 8-6-150 of the Weld County
Code, I am writing to request the following:
1. Board of County Commissioners. Placement of the Highland Farms
request for County maintenance of roads within the subdivision on one of the
regularly -scheduled business meetings of the Board of County Commissioners.
2. Inspection. County inspection of the subdivision roads for County
approval.
Highland Farms desires to cooperate in every way with the County regarding
this request. Please contact me with any further guidance or information.
LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, pc
Sincerely,
LYONS CADDIS KAHN HALL
JEFF WO K & GRANT, PC
By:
Drew Lyman
dIvman@lvonsgaddis.com
515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
303 776 9900 I 720 726 3670 I www.lyonsgaddis.com
AMEND
•
ROG
PAGE 6
ED PUD FINAL PLAN, AMPF #1045 - BALMES HOMES, LLC DEFINED BENEFIT
AM, C/O GREG AND LISA BALMES
conditions, th request of the Weld County Department of Public Neagh
and Environment, a Fugitive Dust Control Plan must be submitted.
In accordance with the regulations of the Colorado Air Quality Control
Commission, any development which disturbs more than five (5) acres of
land, must incorporate all available and practical methods which are
technologically feasible and economically reasonable in order to minimize
dust emissions.
J A Homeowners' Association she 0 be estabished prior to the sale of any sot.:
Membership in the Association is mandatory °for each parcel owner° Tin
Association is responsible for liab0ity'insurance, taxes and rraintenanceMT
open space, streets, private uthOfties, and other faciOities, along wi h the ,
enforcement of covenants.
K. The Homeowners' Association shall be responsible for replacing all dead or
dying plant rn.aterial in the open space areas.
L. Weld County's Right to Farm, as delineated on this plat, shall be recognized
at all times.
M Stop signs and street name signs will be required at all intersections.
N All signs, including entrance signs, shall require building permits. Signs shall
dhere to Section 23- 4- 3bf the Weld County Code. These requirements
shall apply to all temporary and permanent signs.
Installation of utilities shall comply with Section 24- 9-10of the Weld County
Code.
P Building permits shall be obtained prior to the construction of any building or
structure_ Building permits are also required for signs and structures, such
as bus shelters, if provided.
O. ctivities such as permanent landscaping, structures, dirt mounds or other
items 4—e expressly prohibited in the septic absorption field site.
4
R. A plan review is required for each building. Plans shall bear the wet stamp of
a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit
S. Buildings shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Currently, Weld County has
adopted the following: 2006 International Building Code, 2006 International
Residential Code, 2006 International Mechanic�.l Code, 2006 International
Plumbing Code, 2008 National Electrical Code, and Chapter 29 of the Weld
County Code.
2010-1955
PL1743
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 336-7235
FAX: (970) 352-0242
1150 'O' STREET
GREELEY, COLORADO 80632
April 18, 2017
Mark Williams
Vice President
Highland Farms Homeowners' Association
1250 Highland Place
Erie, CO 80516
RE: Responsibility to maintain internal subdivision roads within Highland Farms PUD
Mr. Williams:
We received your letter dated March 24, 2017 regarding the maintenance of the internal
subdivision roads for the Highland Farms Planned Unit Development. After review of Mr.
Bulthaup's recent letter, the PUD Final Plat (August 2005), the Improvements Agreement (August
2005), Resolution 2006-0812 (March 2006 — Partial Release of Collateral), Resolution 2006-3163
(November 2006 — Full Release of Collateral), and the Amended Final Plat (October 2010), the
County has determined that it is not responsible for maintenance of the internal streets within the
Highland Farms PUD.
Both the original PUD Final Plat and the Amended Final Plat include language that the HOA is
responsible for the maintenance of the streets. The language you site in the 2005 Improvements
agreement, specifically section 6.0 "Acceptance of Streets for Maintenance by County" does not
obligate the County to maintain the road. That section clearly states that "streets... may be
accepted by the county". However, it does not appear that the County ever accepted these streets.
You reference the letter dated February 7, 2006 in which you request that the Board both release
the collateral, and accept the streets for partial maintenance. However, Resolution 2006-0812 does
not include any language accepting the roads for maintenance. This resolution serves only to
release the collateral, and does not provide additional authority. On October 11, 2006, a letter was
sent to the Board requesting release of the remaining collateral. On November 15, the Board
approved Resolution 2006-3163 releasing the collateral. This resolution contains no language
referencing acceptance of the streets and does not provide any such authority.
The fact that the developer requested that the County accept maintenance of the streets does not
indicate that the County ever actually accepted the maintenance. In order to demonstrate such
acceptance, you would need to provide a Resolution from the Board that expressly accepts
maintenance. Here, such a resolution does not exist. Further, such Resolution would run contrary
to the express language of the Plat, which clearly indicates that the streets are to be maintained by
the HOA.
Weld County is not responsible for maintenance of the internal streets within the Highland Farms
PUD. Should you wish to petition the County to accept maintenance of the road, you would need
to comply with the provisions of Section 8-6-150 of the Weld County Code, as well as the executed
Improvements Agreement.
Please feel free to contact me with any questions or comments you may have.
Respectfully,
-{s
Bob Choate
Assistant Weld County Attorney
bchoate@weldgov.com
cc: Jay McDonald, Director, Weld County Public Works
Highland Farms Homeowners' Association, Inc.
1250 I-Eghland Place
Erie, CO 80516
March 24, 2017
Jay McDonald
Public Works Director
Weld County, Colorado
PO Box 758,
Greeley, CO 80632
Dear Mr. McDonald:
Over the last few months' officers of the Highland Farms Homeowners Association have
contacted your office concerning the maintenance of the streets in our subdivision.
The original developer and his attorneys have taken the time to review the subdivision
improvement agreement and other documents, and have concluded that Weld County is
responsible for the maintenance.
I believe that the Public Works staff came to the conclusion that the streets would not be
maintained after only considering standard text in the plat print. They were not aware of the
Weld County's responsibility for maintenance as specified in the improvement agreement.
Please refer to the included explication provided by the original developer, Robert Bulthaup,
and reviewed by attorney Cameron Grant.
We hope the misunderstanding can be corrected and street maintenance will resume.
Sincerely,
Mark Williams
Vice President
I -highland Farms Homeowners' Association, Inc.
cc: Barbara Kirkmeyer
To whom it may concern:
I am Robert Bulthaup. I was the manager of Highland Acquisition Group, LLC (HAG). HAG was the
developer of Highland Farms PUD (PUD). It has come to my attention that Weld County has recently
indicated to the Highland Farms Homeowners Association (HOA) that the County is not responsible for
maintaining the streets Highland Way and Highland Place within the PUD. They cite the wording in note
J to the amended final plat AMPF #1045 which was recorded October 13, 2010 as their support for this
position. This is not correct.
• History - PUD
The original PUD was approved in August, 2005, with a final plat PF #1045 signed by Monica Daniels -
Mika. The original PUD contained the following note —
11) A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED PRIOR TO THE SALE OF ANY LOT.
MEMBERSHIP IN THE ASSOCIATION IS MANDATORY FOR EACH PARCEL OWNER. THE ASSOCIATION IS
RESPONSIBLE FOR LIABILITY INSURANCE, TAXES AND THE MAINTENANCE OF OPEN SPACE, STREETS,
PRIVATE UTILITIES AND OTHER FACILITIES ALONG WITH THE ENFORCEMENT OF COVENANTS.
(DEPARTMENT OF PLANNING SERVICES)
The HOA was formed and on August 8, 2005 the Highland Farms Subdivision Declaration of Covenants,
Conditions and Restriction were filed.
• History — Improvements Agreement (Public Road Maintenance)
On August 15, 2005 the County, through the Board of County Commissioners approved an
"Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road
Maintenance)". Included in this agreement is the following section -
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be accepted
by the County as a part of the County road system and will be maintained and repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit "B," but such use and operation shall not
constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B,"
and may continue to issue building permits so long as the progress of work on the Subdivision or
Planned Unit Development improvements in that phase of the development are satisfactory to
the County; and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the applicant(s) may
1
request in writing that the County Engineer inspect the streets and recommend that the Board
of County Commissioners accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual repair of streets, curbs and gutters,
and related street improvements. Not sooner than nine months after acceptance for partial
maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the
subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall re-
inspect the streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to County
standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of
a positive unqualified recommendation from the County Engineer for acceptance of streets
within the development, the Board of County Commissioners shall accept said streets as public
facilities and County property, and shall be responsible for the full maintenance of said streets
including repair.
The Agreement provided that collateral in the amount of $362,426.55 be accepted as collateral for the
completion of the items listed in Exhibit A of the agreement, which included the construction of the
streets Highland Place and Highland Way.
Construction of the PUD was competed in January, 2006. On February 7, 2006 I sent a letter to the
Board of County Commissioners which included a Statement of Substantial Compliance. Among other
things the letter states that as -built plans have been submitted to Weld County Public Works care of Mr.
Peter Schei. It then states that "a recommendation of acceptance of the streets for partial maintenance
by the County is requested". In addition, additional funds of $13,681.95 were provided as "Warranty
Collateral" for the road improvements. It the states that "Upon completion of the requirements of
Section 6.3 of the agreement relating to unqualified acceptance , the "Warranty Collateral" will be
released."
On February 27, 2006 Peter Schei, P.E. with Public Works in a memorandum to the Planning Department
indicated they had inspected the infrastructure and recommended release of collateral, except for a
portion that will be withheld "for minor pavement repairs".
On March 15, 2006 the Board of County Commissioners approved a resolution that stated "Public Works
has conducted a visual inspection and recommends partial release of said collateral". The Board
approved the partial release of the collateral.
On May 16, 2006 the Board of County Commissioners approved an additional partial cancellation and
release of collateral.
On October 11, 2006 in a letter to Peter Schei, with a copy to the Donna Bechler, Clerk to the Board I
requested "final Release of Collateral per Section 6.3 of our Improvements Agreement for Highland
Farms". I also "request that Public Works recommend acceptance of the improvements and release of
the collateral funds."
2
On November 8, 2006 in a memorandum from Peter Schei to Ester Gesick, Clerk to the Board Mr. Schei
indicated "The Clerk may schedule the release of warranty collateral with the Board of County
Commissioners with no concerns from Public Works."
On November 15, 2006, the Board of County Commissioners approved a resolution which stated "staff
from the Weld County Department of Public Works has conducted a visual inspection and recommend
the release of the remaining collateral..." and the Board issued a check for the final release of the
warranty capital.
No further action on this topic was anticipated.
• Amended PUD
In 2007 I sold the Agricultural outlot A of Highland to Mr. Greg Balmes. The original PUD provided that
this outlot would not be available for construction of a residence. In 2010 Mr. Balmes approached the
County about changing the zoning on this lot so that he could construct a residence. The County agreed
that he could do so. In addition, for consideration to the HOA, Mr. Balmes also provided some additional
open space to the HOA. The County required as part of the process that he file an Amended final plat for
Highland Farms to vacate the outlot from the PUD and add the new open space lot.
On August 28,2010 the Board of County Commissioners approved a resolution that "..Amend Planned
Unit Development Final Plan, AmPF #1045, to Vacate Outlot A and add one (1) Common Open Space
Outlot to the Highland Farms PUD.." This resolution was approved by the Board of County
Commissioners.
On October 13, 2010 an Amended Final Plat was prepared that I signed for the HOA. My signature was
required since we were removing the Vacated Outlot and adding the additional common open space
outlot.
For consistency with the original plat, wording from the original plat was included in the amended plat.
This included note 11) from the original plat, which was reproduced as note J) in the amended plat.
Clearly, this was done simply for consistency with the original plat since all of the provisions of the
original note 11) had been complied with in 2005/2006 and the street maintenance was subsequently
transferred to the County via the Improvements Agreement in 2006. NOTHING in the amended plat
created any new streets or other construction that required collateral for construction. The amended
final plat (per the County resolution) simply vacated the original outlot and added an open space lot.
• Events subsequent
At some point in 2016 Mr. Chris Crotzer with the HOA contacted Weld County (I am not aware of the
purpose of the conversation). Mr. Chris Crotzer provided me with a copy of an email from Jay McDonald
with the County that stated —
"...on August 25th, 2010, an amended plat was submitted and accepted by the Board of County
Commissioners...On the plat itself and on page 6 of the resolution, paragraph J. states that the
3
Homeowners' Association is responsible for maintenance of streets in the Subdivision. Subsequent to
the Board action, both Highland Place and Highland Way were removed from our road maintenance
system."
The position is not correct. Again, AMPF #1045 this was simply an amendment to the original plat that
relate to outlots. Most of the notes from the original plat (PF #1045) were simply included in the
amendment (AMPF #1045) for consistency, including note 11. For the amendment, no new streets were
constructed and no new maintenance was requested. It was clearly not requested that the County
remove the existing streets from maintenance which they acknowledge they had under maintenance
since 2006.
It is not clear exactly at what point or through what process the County removed the streets from
maintenance. I have no correspondence from the County indicating this was to take place. Obviously if I
had received such notice, I would have pointed out at that time that this was not correct.
Since 2012 I no longer have had any interests in the PUD or HOA and am only providing this information
for historical assistance to the HOA to get this matter resolved. I have consulted with my legal counsel,
Cameron Grant, who concurs with the conclusion that the County should be responsible for the street
maintenance.
4
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