Attached Tierra Bello Covenants, revised 2/27/2013

 

Update: Tierra Bello Covenants - ver. 2/27/2013

Dear Neighbors,

Yesterday I received for review the attached revised covenants from Mr. Ron VanAmberg, attorney for developer Joe Miller. These are the covenants for the Tierra Bello 73-lot subdivision. I'd appreciate your reviewing this document for substance (don't bother with typos, editing changes, etc.,- I'll flag those) and sending me comments, so I may consolidate them and return them to the developer for review. After he's had a chance to look at them, I'll arrange a public meeting with him and his staff to negotiate items of continuing community concern. His development was tabled by the County Development and Review Committee (CDRC) at its meeting on Feb. 21, until March 21. Shortly thereafter, if recommended, the development will go to the County Commissioners for final approval or disapproval.  This email distribution is for all the people whom I have addresses for. I'd appreciate it if you'd forward the email to any neighbors in the subdiivisions along Avenida Compadres, since I don't have contact information for them.

 

If you've been keeping up with earlier versions of the covenants, you'll find these greatly improved with respect to organization, structure,  languange, and overall clarity.  There are many provision in the covenants which are positive. In my quick reading, however, I've noticed a few items which are likely to be of community concern. Please note especially the following articles:

 

Article 2.4:  The definition of "manufactured housing" refers to a 36'x24' minimum heated area (864 sq. ft), but also a 1400 sq. ft. minimum footprint. It is unclear what this means (does the 1400 sq. ft. include a garage?)

 

Article 2.5, 6.1: The definition of "mobile home" is odd, because it refers only to movable or portable housing structures that do NOT meet national standards. The question is whether moveable structures which DO meet standards are included in the definition? If not, then that second type of mobile home would not be prohibited.

 

Articles 2.1, 8.1, 12.2 - These articles refer to leased residences and "lessees" (those who lease to others). To me, the covenants appear to permit an unrestricted number of rental units. The small square footage requirements (1400 sq feet) suggest the possibility that Mr. Miller wants the flexibility to construct low-income rental housing, rather than selling owner-occupied residences.

 

Article 6.12: This article stipulates that no "direct access" for owners or the general public is permtted into the connecting Tierra Colinas subdivision roads. The article does not specify how this restriction will be implemented  (e.g., gates, etc.), or who will pay for any costs. To my knowledge, the Tierra Colinas HOA has not yet weighed on this important matter.

 

Article 5.5:  This article defines the minimum 1400 sq. ft size (1800 sq. ft for a two-story house) as applying to "heated areas." This is a change from the previous versions, which stipulated only a 1200 sq. ft minimum (1600 sq., including the garage).. I doubt it is the intent, but technically if the builder heated a garage, it would reduce the  actual living area requirement to only about 1000 sq. ft.

 

Article 2.3, 8.1: The covenants mandate an "architectural committee" (AC) which has considerable powers. Mr. Miller and his associates/family comprise the AC for the first three years, but eventually the HOA board will appoint the AC. However, as mentioned in the following comment, there is no mandatory requirement that an HOA be formed.

 

Article 11.1, 14.1-14.3: These articles stipulate that, after six lots have been sold, those lot owners "may, at their option" form a homeowners association, and they assign responsibility to the HOA to maintain roads, common grounds, easements, etc. To me, an HOA should be mandatory, since without it there is no continuing mechanism for maintaining the subdivision's infrastructure.

 

Article 11.1, 12.2: Mr. Miller is specifically exempted from any HOA assessments or from being bound by any subsequent changes in the covenants, even if he owns most of the lots/ rental units. His exemption applies both to any annual or special assessment fees.  This is an unworkable provision, for several reasons. Suppose, for example, that after six lots have been sold, the owners form an HOA. Under the covenants the six owners "shall" be responsible for maintaining all interior roads in the subdivision, and yet Mr. Miller is exempted from paying any share of this cost. As a practical matter, the owners have a strong disincentive to form an HOA until nearly all the lots are sold. Of course, if Mr. Miller intends to own a large number of rental units, then that will never happen. Mr. Miller's intentions need to be clarified.

 

Article 14.1: The HOA, if one exists, shall assess owners (Mr. Miller exempted) for a "pro-rata" share of maintaining the  northern 0.61 mi segment of Avenida Compadres. There is no provision for maintaining the remaining 1.0 mi. segment of Compadres, nor of contributing any support for Spur Ranch Road.

 

I'll keep you informed when public meetings are scheduled, and look forward to hearing your comments and suggestions. Please respond by March 11 at the latest, so we will have time to coordinate our response. Thanks!

 

Regards,

Jim Garland

President, Spur Ranch Road Association

 

 

 

 

 

 

 

 

Tierra Bello Update

Dear Neighbors,

 

Sorry if this information duplicates other emails you've received, but I want to make sure everybody is aware of an upcoming County Development Review Committee (CDRC) meeting to consider final approval for the Tierra Bello subdivision planned by developer Joe Miller. The meeting is 4:00p.m. Thursday, Feb. 21 at the County Commission Chambers at the County Administration building, 102 Grant Street.

 

Mr. Miller has just released revised covenants for the property, which I've attached to this email. An important unresolved issue pertains to subdivision traffic along Spur Ranch Road and through the interior roads of the Tierra Colinas subdivision.

 

I hope many of you will be able to attend the meeting. If you have concerns about the covenants or the development generally, feel free to express them at the meeting, or email me so that I can represent your views.

 

Thanks very much.

 

Jim Garland

President, Spur Ranch Road Association

466-8833

Reminder: Joe Miller's Tierra Bello development scheduled for CDRC meeting today

Ann Bitter, our neighbor who has been monitoring developments of Joe Miller's Tierra Bello development on our behalf, asked me to remind the community about this afternoon's meeting of Mr. Miller and the County Commission (CDRC) this afternoon at 4pm. The location is the second floor of the County Administration Building  at 102 Grant Avenue. Mr. Miller's project is last on the agenda, so probably won't come up until 5pm or so, although the agenda's order of business is subject to change. Ann's letter, which follows, summarizes the key issues.

Thanks!

Jim Garland

President, Spur Ranch Road Association

 

From: Ann Bitter [mailto:annbitter3@gmail.com]
Sent: Tuesday, January 15, 2013 2:51 PM
To: 4cx250b@muohio.edu; Michael Montgomery; Beth Prothro; smokeylit@aol.com; Sharon Peterson; Dee Hall; eldoradogadfly@gmail.com; N35TR@yahoo.com; garlance@muohio.edu
Subject: URGENT!!! Miller's Tierra Bello scheduled for CDRC this Thursday!

 

URGENT - JOE MILLER’S TIERRA BELLO DEVELOPMENT HAS BEEN APPROVED BY THE COUNTY, AND IS ON THE AGENDA FOR THE CDRC MEETING THIS THURSDAY, JANUARY 17, AT 4 PM.

 

Tierra Bello was put on the County Development review Committee (CDRC) agenda over the holidays. I asked the County and Miller’s representatives to table the application until the February meeting. The County says they have no grounds to table the hearing process, since Miller has met all code requirements. Miller says his application has been delayed long enough. 

 

First, the good news: As you can see by reading the attached revised Tierra Bello covenants, some of our concerns have been addressed: 

• No mobile,manufactured homes of any kind or size will be allowed
• No horses will be allowed
• the “standard” for homes will be based on Santa Fe, Territorial, Pueblo, or northern New Mexico style, and a stucco finish will be required.

 

However, some major concerns remain:

 

• The community has not had sufficient time to review and discuss the developer’s application. The Tierra Bello application was placed on the CDRC agenda over the holidays. Mr. Martinez did not offer to meet with residents until less than a week before the scheduled CDRC meeting. Case Manager Vicki Lucero was out of the office and was unable to return my calls until today, Tuesday January 15. The County’s computer system has been down for several days so specific information about the County’s recommendation for approval has not been available for review. Even if we had been able to review the County recommendations, we would not have been able to express our concerns in writing for inclusion in the CDRC packet because the computer system is down. I asked County staff and Miller’s representatives via email to table the application until February to give us time to meet with Mr. Miller and/or his representatives.  I received no response to my request, until I was finally able to speak with Ms. Lucero by phone today, Tuesday, January 15. I never did receive a reply from Mr. Miller or his representatives. Everything about the timing and manner of this application goes against the County’s stated commitment to allow proper public discourse on such matters.
• The Tierra Bello Covenants (2.03) state that, “the developer shall serve as the Architectural Committee until ten (10) lots have been sold or leased to purchase.”  The application for Phase 1 of Tierra Bello, is only for nine lots. Therefore it is likely that the developer would serve as the Architectural committee for several years, until Phase 1 is complete and Phase 2 has been approved by the County. This wording is not accidental. Given Mr. Miller’s reputation in the community, this does not bode well for those of us who wish to preserve our property values. 
• The Covenants (2.07) state that, “...the Landowners may form a Landowners Association after ten (10) lots within Tierra Bello are sold, transferred, or leased.” “May” must be changed to “shall.” A landowners association should not be optional. What does “transferred” mean?
• The developer and future Tierra Bello homeowners must be required to pay their fair share of funding for all road maintenance.  Spur Ranch Road and the interior roads of Tierra Colinas are private roads already being maintained through home and lot owners’ annual financial contributions; Avenida de Compadres will also need to be maintained through annual assessments, which should be reflected in the Tierra Bello covenants.  
• The developer must be required to meet with the Spur Ranch Road Association. Individual homeowners must be bound by the covenants to contribute dues to the Spur Ranch Road Association. In addition, the Developer will be expected to contribute dues for the unsold lots, as is currently being done by Mary Ann Stickler, developer of Rancho San Lucas off of Spur Ranch Road.
• The developer must be required to meet with the board of the Tierra Colinas Homeowners Association. Individual homeowners in Tierra Bello must be bound by the covenants to contribute dues for the maintenance of interior roads in Tierra Colinas. 
• Spur Ranch Road provides secondary access for Tierra Bello residents. Yet the plan calls for a “no left turn” sign at the intersection of Avenida de Compadres and Sunview Loop to discourage drivers from using Spur Ranch Road. This is disingenuous at best and is not an enforceable or realistic disincentive for residents to use Spur Ranch Road. 
• Tierra Bello covenants do not require attached garages, as are required in the covenants of all developments surrounding Tierra Bello. The covenants should be changed to require attached garages. Detached storage sheds should not be permitted, which are inconsistent with aesthetic standards expressed in the covenants in Eldorado, Tierra Colinas and Rancho San Lucas. 

 

It is likely that there are other issues that may be of concern to you and your neighbors. You will only learn about those issues if you attend this hearing, and hear the developer’s proposal firsthand. 

 

This will be your last opportunity to express your concerns to the County and press the CDRC to make additional requirements of Mr. Miller, as outlined above. Please plan to join concerned neighbors at the CDRC meeting to make your feelings known! Please let others know who are not on this mailing list about the importance of participating in this meeting. 

 

CDRC Meeting, Commission Chambers, 4 Pm, County Administration Bldg, 102 Grant Avenue

 

 

 

Spur Ranch Road Update - 11_26_2012

Dear Neighbors,

Bob Sherwin phoned me this evening with the disappointing news that delivery of a key chemical used in his new road treatment product is now not available from the supplier for two months.  Because the treatment can't be done with freezing daytime temperatures, he is rescheduling the completion of our road until Spring. Groan.

 

As a stopgap measure, however, he plans to smooth out the surface of the road to remove the washboards and surface irregularities, and also to scrape the gravel from the ditches back onto the surface. This, he believes should get us safely through the winter months, until the permanent "fix" can be made. This temporary work will begin tomorrow. His crew will be using a grader and, if necessary, a water truck and extra gravel. He says no special traffic control assistance is required, but cautions everybody to be careful driving past the road machinery.

 

Regards,

Jim

Spur Ranch Road Update

Dear Neighbors,

It's been awhile since I've updated you on the status of our road, but actually quite a lot has been happening. I won't go into details here, but want to give you the highlights:

 

1. The SRRA directors have been in regular contact throughout the summer with Bob Sherwin, the distributor responsible for the RoadPacker section of our road (Rte 285 to the RR tracks). Over the past months, Mr. Sherwin  has reorganized his company into a manufacturing operation, which is called Bionic Soil Solutions (www.BionicSoilSolutions.com). Rather than import the chemicals from Canada, as before, he and his collegues now manufacture a similar product in Albuquerque. His partners include two senior engineers and scientists, with long experience with RoadPacker and similar road stabilizers. According to Mr. Sherwin, they now understand why our road has not been properly water resistant. Accordingly, they have reformulated the product to account properly for the pH of our alkaline soil (the original Canadian formula was for an acidic soil), and also added a key "hydrophobic" chemical to enhance water resistance. Lab tests on the improved product have shown great water resistance, with the chemical composition chosen specifically to match the SRR soil. Mr. Sherwin says we are his company's "highest priority" and has pledged to complete work on our road within the next  two or three weeks (shortly before or after Thanksgiving). His plan is to use a newly acquired road machine which will mill (i.e., grind up) the top 4 inches of the road, stirring in gravel and the newly formulated product into the base. He assures us that new product is fully compatible with any residual RoadPacker chemicals already on the road, and that the nighttime temperatures will not be a problem. Obviously, we are keeping our fingers crossed that all will go well and will inform you when we have specifics. We don't know yet whether there will be necessary traffic controls or closures.

 

2. Some of you may recall seeing last year a yellow public notice on the north side of SRR near Rte 285 saying that the property owners were in tax arrears. We have it on good authority that four lots on the northeast end of SRR (lots 2-5, where lot 1 is the corner lot) have now been acquired by developer Joe Miller, who intends to build four houses on them. We have no other information about Mr. Miller's plans, but obviously we will keep close watch on the developments.

 

3. The west side of SRR (from the RR tracks to Compadres) is showing deterioration, with especially bad washboarding on the segment from the RR tracks to just west of Calle Junipero. That segment has no remaining basecourse, so that regrading is not effective. Fortunately, the rest of the western end of the road still has an adequate  basecourse and is holding up reasonably well.  The SRRA directors discussed the road's condition at a meeting last Wednesday. We don't have the budget to install new basecourse on the entire road, but are looking at doing bits at a time, in the worst spots, as funds become available. In the meantime, _please_  observe the 30 mph speed limit on the road (notice the new speed limit signs), because faster traffic greatly accelerates the road's deterioration.

 

4. At the meeting last week, the SRRA directors approved a dues schedule for next year (2013). The recommended amounts are the same as for 2012, namely $200 for Tierra Colinas residents and residents east of the RR tracks, $275 for residents west of the RR tracks, and $100 for lot owners. We will send out reminder notices after the first of the year.

 

Regards,

Jim

Spur Ranch Road - Breaking Bad Update

Dear Neighbors,

In case you're interested, the "Breaking Bad" TV episode filmed along our road this summer will be shown this Sunday (Aug. 12) at 8 p.m. on AMC.  Breaking Bad is the top-rated dramatic show on television and is in its final (5th) season. It is often compared to The Sopranos for the quality of its writing and acting. This particular episode is one of the costliest of the series, with a reported production cost of $3.4M, and a cast and supporting staff of about 140 people. The road association and homeowner's associations were well-compensated by the production company for the use of their property.

From Wikipedia: Breaking Bad is an American television drama series created and produced by Vince Gilligan. Set and produced in Albuquerque, New Mexico, Breaking Bad is the story of Walter White (Bryan Cranston), a struggling high school chemistry teacher who is diagnosed with advanced lung cancer at the beginning of the series. He turns to a life of crime, producing and selling methamphetamine with a former student, Jesse Pinkman (Aaron Paul), with the aim of securing his family's financial future before he dies.^[1]

The series is broadcast in the United States and Canada on the cable channel AMC, and is a production of Sony Pictures Television. It premiered on January 20, 2008, and has completed its fourth season. On August 14, 2011, AMC announced that Breaking Bad had been renewed for a fifth and final season consisting of 16 episodes.^[2] The fifth season will be split into two parts, each consisting of 8 episodes, which premiered on July 15, 2012.^[3]

Breaking Bad has received widespread critical acclaim, particularly for its writing, cinematography, and the acting ability of its cast.^[4][5] The series has won six Emmy Awards—including three consecutive wins for Lead Actor in a Drama Series for Cranston, one win for Supporting Actor in a Drama Series for Paul, and three nominations for Outstanding Drama Series. Cranston has also been nominated twice for a Golden Globe Award for Best Performance by an Actor in a Television Series – Drama and he was nominated three times for the Screen Actors Guild Award for Outstanding Performance by a Male Actor in a Drama Series.

Regards,

Jim Garland
President, Spur Ranch Road Association