HomeMy WebLinkAbout800949.tiff RESOLUTION
RE: CORRECT RESOLUTION DATED NOVEMBER 5, 1980 CONCERNING APPROVAL
OF THE FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR
HIGHLAND PARK WEST INVESTMENT
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, the Board of County Commissioners of Weld County,
Colorado adopted a resolution dated November 5 , 1980 approving
the Final Plat and Subdivision Improvements Agreement for High-
land Park West Investment, and
WHEREAS, the legal description for the Subdivision was
incorrect, and
WHEREAS, the correct legal description is as follows:
A tract of land located in the Southwest
Quarter of Section 15, Township 5 North,
Range 66 West of the 6th Principal Meri-
dian, Weld County, Colorado being more
particularly described as follows :
Commencing at the Southwest Corner of
said Southwest Quarter of Section 15 and
considering the South line of said South-
west Quarter Section 15 to bear North
89°58 ' 14" East with all bearings herein
being relative thereto:
Thence North 0°10 ' 55" West, 40. 90 feet to
the True Point of Beginning;
Thence North 0°10 '55" West, 2598 . 77 feet
to the Northwest Corner of said Southwest
Quarter of Section 15;
Thence North 89°37 ' 14" East, 2617 .65 feet
to the Northeast Corner of said Southwest
Quarter of Section 15;
Thence South 0°15 '56" East, 1519 .67 feet
along the East line of said Southwest
Quarter of Section 15;
Thence South 89°40 ' 04" West, 489 .60 feet;
Thence South 0°15 ' 56" East , 771 . 05 feet;
Thence South 64°23 ' 56" East, 544 . 11 feet
to a point on the East line of said South-
west Quarter of Section 15;
Thence South 0°15 ' 56 " East, 94 . 00 feet
along the East line of said Southwest
Quarter of Section 15 to a point on the
North right-of-way line of U. S . Highway
34 by-pass;
Thence along said North right-of-way line
by the following two (2) courses;
North 89°46 ' 38" West, 1794 .56 feet;
South 89°58 ' 14" West, 826 . 94 feet;
to the True Point of Beginning.
Said tract contains 146. 92 acres more or less .
/
800949
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the legal description
for Highland Park West Subdivision be, and hereby is, corrected
to read as stated herein.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
November, A.D. , 1980.
l BOARD OF COUNTY COMMISSIONERS
ATTEST: O/1la �t�QJ WELD COUNTY, COLORADO
Weld County erk and Recorder it, 12 , Lly
and Cler to the Board C . W. Kirby, ChAirman
Deputy County Clerk Leonard L. Roe, Pro-Tem
APPROV D AS TO FORM:
a / Norman Carlson
County Attorney
i Dunbar
ne K. St i ark
DATE PRESENTED : NOVEMBER 26, 1980
• IMPROVEMENTS AGREEMENT
(LETTER OF CREDIT)
THIS AGREEMENT, made and entered into this 21 day of
November , 1980 , by and between the COUNTY OF WELD,
COLORADO, acting through its Board of County Commissioners,
hereinafter called "County, " and Highland Park West Inve4tment,
RZehcvcd D. Weber
hereinafter called "Subdivider. "
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling
interest in the following described property in the County of
Weld, Colorado: LEGAL DESCRIPTION: A ticaet ob Land located in the
Southwest Qu.cvtten ob Section 15, Townahip 5 NoA-th, Range 66 Wezt ob the
6th. Pndncipat Men.i.dian, Weld County, Colorado.
Aa more pcvc.tieulanly de4enZbed on Exhibit "A" attached heheto and .ineonpo-
nutted hehe.in by nebenenee.
WHEREAS, a final subdivision plat of said property, to be
known as Highland Pahk Wert
has been submitted to the County for approval, and
WHEREAS, Section 11-2 of the Weld County Subdivision Regula-
tions provides that suitable collateral, in an amount stiupulated
in the subdivision improvement agreement, shall accompany the
final plat submission to ensure the completion of the improve-
ments according to design and time specifications , and
WHEREAS, a subdivision agreement has been executed in
accordance with Section 11-1 of the Weld County Subdivision
Regulations.
NOW, THEREFORE, IN CONSIDERATION of the foregoing, and
of the acceptance and approval of said final plat, the parties
hereto promise, covenant and agree as follows:
1. Subdivider shall submit, prior to recordation of the
final plat of the subdivision, a letter of credit in
the total amount of $766.622 . Such letter of
credit shall be written so as to guarantee the com-
pletion of the subdivision improvements and shall
run for a minimum of two (2) years.
2. The amount of the letter of credit shall apply pro-
rata to individual phases of the development of the
subdivision. In this subdivision, the phases shall
be as follows: first phase, 40 lots; second phase,
61 lots; third phase; 39 lots; fourth phase, 24 lots .
The amount of the letter of credit applicable for
each phase shall be in proportion to the number of
lots in each phase.
3. Upon the completion of each phase of the subdivision,
Subdivider must give written notice to the County.
The Subdivider and the County shall then re-negotiate
the amount of the letter of credit to reflect the
pro-rata completion of a phase and also to reflect
any increase in the cost of the improvements to be
completed.
4 . The letter of credit shall, in any event, be subject
to re-negotiations at the end of eighteen (18) months
as to both amount and duration, depending upon the
projected completion of the improvements.
5. All road and drainage improvements must be completed
within one (1) year after completion of all utility
installations.
-2-
•
6 . If the property subject to this letter of credit is
annexed by a municipality, then this Agreement shall
be amended to comply with the requirements of such
municipality and shall be in favor of such municipality.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and the year first above
written. "fieliATTEST: _ {-
4 i BOARD OF COUNTY COMMISSIONERS
fi1�/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board By: fj1/7t-c
Chairman
Deputy County Clerk
SUBDIVIDER:
Subscribed and sworn to befor me this a,5 day of
�(yv , 19 ea
Witness my hand and official seal .
'*e
Notary Public
My commission expires: /O-S' 662
•
-3-
Hello