HomeMy WebLinkAboutLINDIMER SUBDIVISION PRELIMINARY - 26 93 - CORRESPONDENCE - LEGAL COMMUNICATION•1
Mr. Mark Linder
July 15, 1993
Page 2
This use may cause odors, insects and other conditions
which might otherwise be considered a nuisance and
incompatible with some residences. However, it is
acknowledged that this equestrian use has long been
established and existed at said location prior to the
creation of the Common Interest Community.
I would also recommend that the fifth sentence in subparagraph (c)
be deleted because it seems to me that that sentence is precisely
opposite from the promise which was made to the Planning and Zoning
Board. In its place, I would recommend the following be inserted:
The Declarant, for itself and for all subsequent
Purchasers and Lot Owners, hereby waives any legal right'
it has or may have to complain that said equestrian use
constitutes a public or private nuisance or that said
equestrian use should be regulated, abated, prohibited or
enjoined as a nuisance or use incompatible with the
Common Interest Community.
Si ely,
W. Paul Eckman
Deputy City Attorney
WPE:whm
cc: Tom Peterson, Director of Planning
Ted Shepard, City Planner
City Attk
City of Fort Collins
July 15, 1993
Mr. Mark Linder
3500 JFK Parkway, Suite 221
Fort Collins, CO 80525
Re: Lindimer Subdivision
Dear Mark:
. Thank you for dropping off a copy of your protective covenants
for the Lindimer Subdivision. My examination of Article XI,
Section 1(c) has prompted this letter.
Section (c) pertains to the notice regarding the equestrian
use next door and, I presume, was intended to comply with the
promise which you made to the Planning and Zoning Board that the
future owners in your subdivision would be given full disclosure as
to the nature and location of the horse stables and boarding
operation, which statement would read as follows:
The undersigned property owner understands that a horse
stable and riding arena are located within close
proximity of this residence. There are no plans to
change this land use in the future. The undersigned
agrees that certain normal conditions are associated with
the operation of this facility, including certain noises,
odors or conditions inherent to the use, riding and
stabling of horses, and these conditions are acceptable
and agreeable.
My understanding of this assurance, which was made to the Planning
and Zoning Board at its June 28, 1993 meeting, would be contained
in a document signed by the purchasers of the properties at
closing. Another perhaps better way to cover this disclosure would
be to put this language (in a modified form) in the deed of
conveyance from your corporation to the first property owners.
That way, the disclosure is found in the chain of title to each of
the lots, and there would be no question about its being applicable
to bona fide purchasers in the future. I think that if you were to
change the word "undersigned" to "grantee," the language above '
quoted would be acceptable to include in the initial conveying
deeds.
As to the language in the Declaration of Covenants found at
Article XI, Section 1(c), I would recommend that the second and
third sentences of that subparagraph be amended to read as follows:
300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520