Nedrah Acres PID Notification and lack of disclosure of Process and Resolution regarding County Maintenacne of Roads
Bill Hirsch
William and Deborah Hirsch, 1800 Rangeview Drive, Fort Collins CO 80524. Billh...@gmail.com, 858-213-9088
11/20/2024
Re: Nedrah Acres Roads
Dear Commissioners Kefalas, Stephens, Shaddock-McNally, Mr. Peterson, Ms. Kadrich, Ms. Everette, Ms. Ellis, Ms. Volker, Ms. Beilby and Mr. Johnson:
I am writing to make you aware of a situation regarding the PID Notification Process and ask for your help.
My wife and I have owned our home in the Nedrah Acres subdivision since Summer 2022, and we are writing to request an accommodation concerning the implementation of the Resolution Concerning County Maintenance of Roads, dated August 2, 1978 (“Resolution”). The Resolution states, "The County shall maintain said roads to a standard to which the roads now exist. Said maintenance shall consist of maintenance and snow removal, all at the discretion of the Larimer County Road Supervisor, consistent with the maintenance of other roads of a similar class."
After we purchased our home, we received notice in Fall 2022 that the County would no longer be responsible for road maintenance. The County turned over roads in poor and deteriorating conditions, including potholes, heaving, and alligator cracking, to the homeowners in Nedrah Acres. This clearly was not the intention of the Resolution, and the untimely notice provided to homeowners will cause us significant financial hardship.
We respectfully ask that the County perform the necessary road work to restore the Nedrah Acres roads to the condition they would have been in (had maintenance not been deferred) before the notice was issued in Fall 2022.
1. We bought our home at 1800 Rangeview Drive, Fort Collins, in Summer 2022. Prior to, and during, the sales transaction, we did not receive notice of the Resolution. We believe that the Resolution should be contained in the standard disclosures for all real estate transactions in Larimer County that many be impacted by it. This information would have impacted our decision to purchase the house.
2. A few months later in Fall 2022, surprisingly, we received notification, via a post card, that Larimer County would no longer be responsible for repairs or maintenance of the roads in Nedrah Acres.
3. In May 2024, I contacted the County and shortly thereafter became an applicant for a PID with two other homeowners in Nedrah Acres. Over the past six months, I have learned about the Proclamation, historic repairs, asphalt repairs, the notification process, and the PID process.
4. The County acknowledges that they knew of the road conditions and the likelihood of the notification a decade ago.
5. Prior to the notice in Fall 2022, chip and seal maintenance was performed on a seven-year schedule. The last time this service was completed was in 2013, nine years before we received the notice.
6. The last sweeping process was performed in 2014, eight years before the notice.
7. The last patching and crack sealing was completed in 2020, two years before the notice.
8. There are now several large potholes, asphalt heaving, and “alligator” cracking in the community that have not been repaired in the past four years.
9. Our PID application was submitted in June 2024. Following that, County employees visually inspected the roads in Nedrah Acres and provided several proposals for PID costs and repairs. The most recent proposal, which I helped model to keep costs down, is a phased approach. If the most recent proposal under discussion is passed and adopted, it will cost each homeowner $1,900 per year beginning in 2026 with no repairs being done until 2027 (please see #6). In 2032, the annual cost would be reduced to $1,300.
While I understand the County’s approach to road repairs and maintenance, I believe there is a significant issue with the notification process. The economic damage done by deferring road repairs and maintenance before issuing the notice created a major unfair economic impact. Had the County provided notice following the last chip and seal in 2013, Nedrah Acres homeowners could have chosen to begin saving via the PID in 2015, providing sufficient time for discovery and voting, and enough time to build a sufficient fund for repairs (ten years) at a far reduced cost, with disclosures offered to all homebuyers during this period.
In October, I presented to the County’s PID team and recommended that the County conduct repairs and maintenance, including chip and sealing, to extend the life of the roads. This would allow a longer ramp-up at a lower cost to homeowners. I propose this as a fair option and believe it aligns with the intentions of the Commissioners when they signed the Resolution. Alternatively, I believe the County should pay the costs they saved by deferring the work, beginning in 2013, into the PID.
My wife and I are over 70 and retired on a fixed income. Increasing our expenses by roughly 30% of our Real Estate taxes would be an economic hardship. Had this information been disclosed before we bought our home, our decision to buy in Nedrah Acres would have been different. Although we are only speaking for ourselves, we are confident that our opinions reflect the sentiment of most homeowners, many of whom are seniors.
Sincerely,
William Hirsch
Laurie Kadrich
Laurie M. Kadrich Assistant County Manager | |
200 W Oak St, Fort Collins, 80521 | 2nd Floor W: (970) 498-7004 | M: (970) 589-0674 |
Lesli Ellis
Dear Mr. Hirsch –
Thank you for sharing your concerns and request for road maintenance in Nedrah Acres. As Assistant County Manager Kadrich noted last week, I am responding to your request. I’d like to clarify the county’s policies on road maintenance, notification, and the current condition of roads in your subdivision.
As you may know, Larimer County defines maintenance in all subdivisions as “Surface Maintenance Only.” This includes repairing minor potholes, performing crack sealing as needed, and performing periodic chip seals. However, when roads deteriorate to a condition that they can no longer be maintained with routine surface treatments (such as crack sealing or chip sealing) the responsibility shifts to the adjacent property owners to restore the roadway to a condition that it can be maintained with these routine methods.
The roads in Nedrah Acres were constructed in the mid-1970’s and were accepted for routine surface maintenance (not reconstruction) by Larimer County in 1978 through a resolution by the Board of County Commissioners. Asphalt roads are designed to last about 20 years, assuming regular maintenance during that time. The roads in Nedrah Acres, now over 45 years old, have exceeded their expected lifespan. This indicates that both the original construction and surface maintenance performed over the years have been effective, but the roads have now reached a point where routine maintenance is no longer sufficient.
At this stage, the roads require more substantial work, including structural patching and the placement of a structural asphalt overlay—tasks that fall under the responsibility of the property owners.
We understand your concerns about the cost of these repairs. However, it has long been Larimer County’s policy to not provide overlays, major rehabilitation, or reconstruction of subdivision roads, including those in Nedrah Acres. One option for funding major repairs is through Public Improvement Districts, which are administered by the Engineering Department. Additionally, Larimer County has not accepted new subdivision roads for routine surface maintenance in 1994. While Larimer County informs subdivisions and owners about their responsibilities, it also is important that buyers and real estate agents do their research about such factors when buying a property.
We hope this clarifies the situation and the county’s policies regarding notification and road maintenance in Nedrah Acres.
Sincerely,
Lesli
Lesli K. Ellis, AICP CEP Director | |
Community Planning, Infrastructure, and Resources 200 W Oak St, Fort Collins, CO 80521 Phone: (970) 498-5741 |
Bill Hirsch
Lesli Ellis
Lesli K. Ellis, AICP CEP Director | |
Community Planning, Infrastructure, and Resources 200 W Oak St, Fort Collins, CO 80521 Phone: (970) 498-5741 |