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HomeMy WebLinkAbout24.0 Memo 05.05.2010Brownstein 1 Hyatt Farber 1 Schreck Memorandum DATE: May 5, 2010 TO: Debbie Quinn Fred Jarman FROM: James S. Lochhead RE: Spring Valley Ranch Final Plat 4) James S. Lochhead Attorney at Law 970.945.5302 tel 970.384.2360 fax jlochhead@bhfs.com Deb and Fred — I am sending you revised final plat documents for discussion at our meeting on May 13 at 9 am. Below is a brief summary of where we are with these documents, based on our last meeting. If you have any questions or need information before the 13th, please don't hesitate to give me a call. 1. LaGiglia Deed— I am sending you a revised deed from Spring Valley Holdings (SVH) to Lagiglia. Although SVH has been in contact with the Lagiglias, I understand the Lagiglias still have not determined which pipeline route they desire to use. So I have included three alternative proposed Exhibit A's. These include the historic route and the two alternative routes we have discussed. I would propose that if the Lagiglias do not make a decision by the time we record, we record the Exhibit A that follows the historic alignment. 2. HOA Documents — I believe I have already provided these to you, but I am providing the following: a. Filed Articles of Incorporation; b. Bylaws; and c. Certificate of Good Standing. 3. Easement Deed to Landis Creek Metro District No. 1 — I am sending you a draft deed from SVH to the Landis Creek Metropolitan Districts for appropriate easements over the Open Space Parcels and Highgrange Pass Road. 4. HOA Open Space and Road Deed — I am sending you a draft deed from SVH to the HOA, conveying the open space parcels and that portion of Highgrange Pass Road for Phase 1. 5. Development Agreement— I am sending you a redline draft of the Development Agreement that I believe incorporates the comments you provided at the last meeting. I would still like to discuss with you how we can include a process to "unwind" the development approvals in 2017 PO Rr x 357, 818 Colorado Avcnnc, Suite 3061 Clio wood Spring, CO 81602-0357 wnstein 1-1pari: Farber Schreck, 1.LY 1 bhfs.c:orn 970.945.5302 wi 9, 0.384.23 in the event the project is not going forward to Phase 2. I have tried to address your concerns in this redraft. 6. Correction Resolution — I am sending you the latest draft of the resolution correcting the prior PUD resolution. This Resolution also includes the four following exhibits: A — Property description; B — Zone District map; C — Zone Text and Design Standards; D — PUD Phasing Plan and Map. 7. CC&Rs — I have attached the latest red -lined draft of the Master Declaration. 8. SIA — I have attached the latest red -lined draft of the Subdivision Improvements Agreement. Note that we still have to fill in Phase numbers in some of the parts of Exhibit A. 9. Director's Parcel — We have relocated the Director's Parcel to an area outside Phase 1 and have qualified the Metro District director's under this parcel. 2