HomeMy WebLinkAbout20060390.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,ANDACCEPTCOLLATERALFOR USE BY SPECIAL REVIEW#1501 -
ANDERSEN PROPERTIES, LLC
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,on June 29, 2005, the Board of County Commissioners approved a Use by
Special Review#1501, for Andersen Properties, LLC, 1490 East 8th Street, Greeley, Colorado
80631, for a Use Permitted as a Use by Right or Accessory Use in the Industrial Zone District
(railroad car loading area for recyclable materials from Andersen's Salvage Yard) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the E1/2 of Section 29, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,and Andersen Properties, LLC,with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with Cashier's Check#104157 from New West
Bank, 3459 W. 20th Street, Suite 114, Greeley,Colorado 80634, in the amount of$9,000.00, and
WHEREAS,after review, the Board deems it advisable to approve said agreement and
accept said Cashier's Check as stated above,copies of which are attached hereto and incorporated
herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Andersen Properties, LLC, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that Cashier's Check #104157 from New West Bank,
3459 W. 20th Street, Suite 114, Greeley, Colorado 80634, in the amount of$9,000.00, be and
hereby is, accepted.
2006-0390
fie : PL, PG/, )97CCL, F PL10s1
IMPROVEMENTS AGREEMENT - ANDERSEN PROPERTIES, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of February, A.D., 2006.
E f fJ BOARD OF C NTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: f //7-1---
. J. ' , Ch 'r
Weld County Clerk to the Ws
David E. Long, Pro-Tem
By: 4'����" �� 11��`C
D uty CI rk to the Boatd fr-C
' liam H. erke��p
AP DASTO / • \
Ro ert D. Masde
urity Attorney Fwd
Glenn Vaad
Date of signature: 2-in a(
2006-0390
PL1681
46,ttri MEMORANDUM
TO: Board of County Commissioners
COLORADO DATE: June 8, 2005
FROM: Sheri Lockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements
USR-1501, railroad car loading
Applicant: Dean Andersen
The Department of Planning Services has reviewed the Improvements Agreements for USR-
1501.
Items covered under the Improvements Agreements include:
Fencing $6,000.00
Trees $3,000.00
Total Estimated Cost of Improvements $9,000.00
The Department of Planning Services has determined that the amount of the agreement will be
sufficient to complete the work required for screening. The Department of Planning Services
recommends acceptance of the Improvements Agreement According to Policy Regarding
Collateral for Improvements.
2006-0390
FL 1681
Andersen Properties, LLC
1490 East 8th Street
Greeley, Colorado 80631
Greeley 970-302-9292
Fax 970-352-7757
January 27, 2006
Ms. Sheri Lockman
Weld County Department of Planning Services
918 10`h Street
Greeley, CO 80631
Re: Andersen Properties, LLC
Improvement Agreement
Dear Ms. Lockman:
We estimate that the costs to complete site improvements to be:
Balance to complete fence, per contract $6,000.00
Estimated cost of 10 trees @ $300.00 each 3,000.00
Total estimated cost to complete site improvements $9,000.00
We propose to obtain a cashiers check drawn on New West Bank in the amount of $9,000.00,
payable to Weld County. Weld County will hold the check until completion of the project and
Request for Release of Collateral has been approved.
If this is acceptable, please contact me, so we can proceed in obtaining the cashiers check
from our bank. If you have additional questions or comments, call me at 970-302-9292.
Sincerely,
Dean Andersen, Manager
561
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this'q1 day of JA-11 Vkg.Y ,200 by and between
the Countyof Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and thin€RS&M-Feo PPKFI C.S L.-Le hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
-€e Ei N-) IC P\
WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be lmown as
U 5 R. 10 h I has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit
Development Final Nat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the Subdiv:sior,Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along
with a time schedule for completion,are listed in Exhibits"A"and"B"of this Agreement.
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:
1.0 5neineerina Services: Applicant shall famish,a:its own expense,all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado,and shall conform to the standards and criteria established by the
County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-Wavand Easements:Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
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3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
Development improvements listed on Exhibit 'A," which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto and
incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County
and the specifications adopted by the County for such public improvements. Whenever a Subdivision
or Planned Unit Development is proposed within three miles of an incorporated community located
in Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards,those requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction,the Ccunty shall have the right to test and inspect,or to require
testing and inspection of material and work at Applicants expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the
terms of this Agreement,within the construction schedule appearing in Exhibit"B." The Board of
County Commissioners, at its option,may grant an extension of the time of completion shown on
Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result of all suits,actions or claims of every nature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered against the County on account of any such suit,action or claim,together with all reasonable expenses
and attorney fees incurred by County in defending such sift, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except far the liability,loss,or damage arising from the intentional torts or the gross negligence of
Me County or its employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaired by a Homeowners Association or,in its absence,the owners of lots within the
Subdivision or Planned Unit Development.
6.1 If desired by the County,portions of street improvements may be placed in service when completed
according to the schedule shown.on Exhibit"B,"but such use and operation shall not constitute an
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approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County;and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development
and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that
the County Engineer inspect its streets and recommend that the Board of County Commissioners
partially approve them. Not sooner than nine months after partial approval,the County Engineer
shall,upon request by the applicant, inspect the subject streets,and notify the applicants)of any
deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)
that any deficiencies have been corrected. If the County Engineer finds that the streets are
constructed according to County standards,'he or she shall recommend full approval. Upon a receipt
of a positive unqualified recommendation from the County Engineer for approval of streets within
the development,the Board of County Commissioners shall fully approve said streets as public but
with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent
(100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months
of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then
the Final Nat approval and all preliminary approvals shall automatically expire. Applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies and regulations.
The improvements shall be completed within one(1)year after the Final Plat approval(not one year
after acceptable collateral is submitted) unless the applicant's) requests that this Agreement be
renewed at least thirty(30)days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided m the amount of One-Hundred
percent(100%)of the value of the improvements remaining to be completed. If improvements are
not completed and the agreement not renewed within these time frames,the County,at its discretion,
may make demand on all or a portion of the collateral and take steps to see that the improvements are
made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place resrrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits'A" and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
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8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of
the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvements Agreement and
the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent(100%)of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets,
sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final fifteen percent(15%),or one
year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate
that,in any event,the Letter of Credit shall remain in full force and effect until after the
Board has received sixty(60)days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mall to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within:he proposed development is used as collateral,an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current degree of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County,then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent(100%)of the
cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hunted percent(100%)of the amount specified
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in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow
agent, upon request by the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule fox minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation(COOT)Materials Manual.
9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flew tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of SubstantialCompliance and recommendation of approval
of the streets by the County,the applicant(s)may request release of the collateral for the project or
portion of the project by the Board. This action wall be taken at a regularly scheduled public meeting
of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity,special district
or utility company.
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9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of Cou$ity
Commissioners,
10.0 Public Sites and Oven Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites Drier
than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with One
of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. 4ny
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, maybe
reserved through deed restrictions as open area, the maintenance of which shall be a specific
obligation in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal to the et
value at the time of Final Plat submission of the required acreage as determined according to Cha ter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representati es,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a cove t
running with the land herein described,and shall be binding upon the successors in ownership of said la.d.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written. APPLICANT: `�t/�'LQ� l/,n` 1.1),,„
*~:. -,, -1- •.:'P< % APPLICANT:
` O . it ..t
Q, . t::,O . C! "b tv TITLE: /11.4G✓j
in
•BulilcribZ and sworn to before me this -< day of -J s,^• if,,^M ,20 0 o .
L
My Commission expires: -,%�r 4t,t,j' L fJl t,+-.a�
r I Z I Gob Notary Public
� e gs,a
Al LEST: jl$6I4t.A• ?1' COUNTY COMMISSIONERS
�. r � ELD COUNTY LORADO
Weld County Clerk to the Board
M. J. Geile .Chair
BY: '^tett- P.1 .(Zlt _ 0'16'I,; 2/6/2006
uty Cle to the Board
APPROVED AS TO FORM: _
otmty Attorney
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: US R Ise Ion
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Ouantity Units Unit Estimated Construction
Costs Cost
Site grading
Street grading
Street base
Street paving
Curbs, gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements PALM& X66 7a Qanr/1 6.000`)2
Landscaping In Meer }CO` 3 GOO°-=
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$ 0
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF LMPROVEMENTS AND SUPERVISION $ 91 Ck)Or1°
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The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this prevision shall Se determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B."
By:AIdeicascN c,et2ies LLC
Applicant
Applicant
/WI Gd2 , Date: l/3o / ,20O6.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: US{Q ) Sif loci
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within / years from the date of approval of the final plat.Construction
of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street base
Street paving
Curbs, gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
anitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements I yn
Landscaping YR,
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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A parcel of land being part of the South Half of the Northeast Quarter(S1/2 NE1/4) and part of
the North Half of the Southeast Quarter(NI/2 SE1/4), all in Section Twenty-nine;Township Six
North(T.6N.), Range Sixty-five West(R.65W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado and being part of those parcels of land as described within the
following documents:
# 1:Warranty Deed recorded March 9, 1909 in Book 296 on Page 111, said document hereinafter
referred to as WD#1
#2: Warranty Deed as recorded March 19, 1909 in Book 300 on Page 89, said document
hereinafter referred to as WD#2
#3: Warranty Deed as recorded April 8, 1909 in Book 300 on Page 309, said document hereafter
referred to as WD #3 all of the records of the Weld County Clerk and Recorder(WCCR), and
being more particularly described as follows:
BEGINNING at ti J South Quarter Corner of said Section 29 as monument by a found#6 rebar
with a 3 1/4" diam. aluminum can stamped LS25953 and assuming the South line of the
Southeast Quarter(SEl/4)of said Section 29 as bearing South 83°56'58" East, being a Grid
Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum
1983/92, a distance of 2607.72 feet with all other bearings contained herein relative there The
Southeast Corner of said Section 29 being monumented by found 1" diam. O.D. pipe with a 1
1/4"diam. aluminum stamped 1996 with no License Number. The Colorado Land Survey
Monument Recorded for this corner dated February 22, 1996 by Mr. Elden L. Knoll, LS25953
states that he set this monument;
F om said South Qur. ter Corner the Center Quarter Corner of said Section 29 bears North
01°29'40" West a di ::race of 2626.25 feet. Said Center Quarter Comer being monument 1,y a set
30" of#6 rebar with a 3 1/4" diam. aluminum cap stamped as per BLM instructions and JONES
LS 22098 2004.From said Center Quarter Corner the following corners bear as follows:
•
East Quarter Corner of said Section 29: South 85°39'42" East a distance of 2614.70 feet. Said
corner being monument by a found #6 rebar with no cap. Set 3 1/4" diam. aluminum cap stamped
as per BLM instructions and JONES LS 22098 2004 on existing monument North Quarter Corner
of said Section 29: North 00°02'00" West a distance of 2664.4.8 feet. Said corner being
monument by a found #6 rebar with a 2 1/2" diam. aluminum cap stamped LS23501;
THENCE North 01°29'40" West along the West line of said SE1/4 a distance of 2605.15 feet to
the Southwest corner of the aforesaid WD #3. Said point being One Hundred feet (100')
Southerly of as measured at right angles to the centerline of the existing track of the Union
Pacific Railroad (UPRR);
THENCE South 84°40'56" East along the Southerly line of the aforesaid WD#3 and being along
a line 100 feet Southerly of as measured at right angles to the centerline of the existing ;rack of
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3367561 03/03/2006 11:48A Weld County, CO
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The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular
improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By: AmOetsento P2oPearvrs LLc
Applicant
Applicant
/kl AA Date: I/ 30 I , 2006
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 1111111111111111111111 III 1111111 III 1111111111111
3367561 03/03/2006 11:48A Weld County, CO
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11
ZTO @J 117.4 90:£T 90/6Z/TO
1 111111 11111 111t 11111 1111111111 1111111 Ill IIIII Et IIII
3311587 08/1012005 10:41A Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder
the UPRR or it's Easterly extension a distance of 599.46 feet to the TRUE POINT OF
BEGINNING:
THENCE North 00°02'00"West a distance of 225.99 feet to the Northerly line of the aforesaid
WD#2 and being a point 125 feet Northerly of as measured at right angles to the centerline of the
existing track of the UPRR or it's Easterly extension;
THENCE South 84°40'56"East along said Northerly line and being along a line 125 feet
Northerly of as measured at right angles to the centerline of the existing track of the UPRR or it's
Easterly extension a distance of 1665.64 feet to the Northwest Corner of that parcel of land as
described within that unrecorded Quit Claim Deed dated January 24, 1985 from the Union Pacific
Railroad Company to Duane D. Zabka and Dorothy Zabka and designated by the UPRR as "C.D.
No. 35735-15." Said parcel of land further-designated by the UPRR on their parcel ownership
map by the following Two(2)designations:
6-A QC DA 6049 1-24-85 WO 1.228 Ac.
8-A QC DA 6049 1-24-85 WO 0.632 Ac.
said document hereinafter referred to as QCD#I;
THENCE South 05°19'04" West along the West line of the aforesaid QCD#1 a distance of
250.00 feet to the Southerly line of that parcel of land as described within the aforesaid WD#1
and being a point 125 feet Southerly of as measured at right angles to the centerline of the
existing track of the UPRR or it's Easterly extension;
Thence along the Southerly and Westerly line of the aforesaid WD#1 by the following T'.vo (2)
courses and distances:
"1T-IENCE North 84°40'56" West along a line 125 feet Southerly of as measured at right angles to
the centerline of the existing track of the UPRR or it's Easterly extension a distance of 931.42 feet
to the Southwest Corner of the aforesaid WD#1,also being the intersection with the West line of
the East Half of the Southeast Quarter(E1I2 SEI/4)of said Section 29;
THENCE North 01°19'20" West along said West line a distance of 25.17 feet to the Southeast
Corner of the aforesaid WD#3 and being a point 100 feet Southerly of as measured at right
angles to the centerline of the existing track of the UPRR or it's Easterly extension;
THENCE North 84°40'56"West along the Southerly line of the aforesaid WD#3 and ben g along
a line 100 feet Southerly of as measured at right angles to the centerline of the existing tra•:k of
the UPRR or it's Easterly extension a distance of 710.24 feet to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 9.085 Acres, more or less
IIN DIU 111111111111111111 ldicll llI RI III 1111
3387581 03103
0 Steve Moreno Clerk e r
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NEW WEST BANK 10415'
3459 W.20th St.Ste.114,Greeley,CO 80634
(970)378-1800
REMITTER: ANDERSEN' S SALES AND SALVAGE, INC. DATE 1/27/06
PAY TO THE
***** WELD COUNTY *****
ORDER OF
EXACTLY **9, 000 AND 00/100 DOLLARS S $9, 000 . 00
CASHIER'S CHECK It/
THE PURCHASE OF AN INDEMNITY BOND WILL BE REQUIRED BEFORE ANY
CASHIERS CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN
THE EVENT IT IS LOST,MISPLACED OR STOLEN, TWO SIGNATUR (WIRED ER$25,000.00
•
ii°0000 LOL. L ?nil LO 70069 mu: LO LW.
MID 11111 11111 111111111111 1111111 III 11111 III liii
3367561 03/03/2006 11:48A Weld County, CO
14 of 14 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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