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HomeMy WebLinkAbout800948.tiff RESOLUTION RE: APPROVAL OF 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 Final Plat and the Subdivision Improvements Agreement for Highland Park West Subdivision located in the East Half of the West Half of the Southwest Quarter of Section 25 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado have been submitted to the Board of County Commissioners of Weld County, Colorado by Highland Park West Investment for approval in accordance with the Subdivision Regulations of Weld County, Colorado, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request and studied the recommendations of the Weld County Plan- ning Commission, as submitted, and finds that the Final Plat conforms in all major aspects to the Preliminary Plan as pre- viously reviewed and approved by the Weld County Planning Com- mission and the Weld County Board of County Commissioners, and WHEREAS, the Board of County Commissioners further finds that the applicant has complied with the Final Plat submission requirements as set forth in the Weld County Subdivision Regula- tions with the exception of Sections 6-2 I and L. Compliance with Sections 6-2 I and L are addressed in conditions 1 and 2 below, and WHEREAS, the Board of County Commissioners finds that said Final Plat should be approved conditional upon the following being accomplished: 1. The applicant shall submit a copy of the proposed deed restrictions (covenants) for the subdivision to the office of the Department of Planning Services. 800948 2 . The applicant shall demonstrate, to the satis- faction of the Board of County Commissioners, that the concerns of the Greeley and Loveland Irrigation regarding the treatment of the ditch which passes through the property under consi- deration, have been addressed and resolved. This shall be accomplished either through an agreement being signed by the applicant and the Greeley and Loveland Irrigation or by having the ditch fenced. 3. The applicant shall pay a park fee, said fee being attached to the building permit costs and further that such fee shall be in accordance with the City of Greeley' s fees at the time the building permit is issued. 4. The applicant shall submit a revised subdivision improvement agreement which shall include the cost of piping from the Northeast detention pond to the inlets at the intersection of West 24th Street and 52nd Avenue Court. 5. The applicant shall submit a letter of credit in lieu of posting a bond for the amount stipu- lated in the Subdivision Improvements Agreement to ensure completion of the improvements identi- fied in the Agreement. This shall be accomplished prior to recording the Final Plat. Said letter of credit shall be drafted by the Weld County Attorney and the applicant. 6 . The following note shall be placed on the filing plat: "All design criteria and recommendations for pro- posed construction within Highland Park West Subdivision shall be as set forth in the Pre- liminary Soils and Geological Report for High- land Park West by ARIX dated Ma y 8 , 1979 , a copy of which is on file with the Weld County Department of Planning Services. " 7. The filing plat shall be amended to reflect a building restriction line twenty (20) feet on each side of the Colorado Interstate Gas Company easement which shall run parallel with the ease- ment boundaries . The building restriction line shall be identified as "C.I .G. Building restric- tion setback line . " This was requested by Colo- rado Interstate Gas Company and agreed to by the applicant. 8 . The information for base and pavement thickness and other construction details contained in a Pavement Design letter from ARIX dated 9/23/80 by Arthur F. Uhrich shall be shown on the con- struction plans. 9 . The applicant shall address the City of Greeley' s concerns identified in its letter dated October 17 , 1980. These concerns shall be resolved by the applicant with the City prior to recording the filing plat. 10. The applicant shall clarify who will be responsi- ble for the maintenance of the detention areas -2- shown on the plat. The methods of maintenance shall be to the satisfaction of the Board of County Commissioners . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Final Plat and Subdivision Improvements Agreement for Highland Park West Investment be, and hereby are, approved subject to the condi- tions set forth above . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D. , 1980. t.' - BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County erk and Recorder /1 L.cl',/ (Aye) and Clerk to the 1Bo�ardd C. W. Kirby, Chairman Y: .I -/C-/k'I a /I_�fh i ABSENT - DATE PRESENTED(Aye) Deputy County Clerk Leonard L. Roe, Pro-Tem APPROVED AS' TO FORM: - %711C-titer..-- (Aye) / 7 Norman Carlson County Attorney / e) i Dunbar (,Aye) une K. teinmar DATE PRESENTED: NOVEMBER 12 , 1980 -3- i. EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER (SW CORI OF SAID SOUTHWEST QUARTER (SWo) OF SECTION 15 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SWo) SECTION 15 TO BEAR N 89° 58 ' 14" E WITH ALL BEARING HERE- IN BEING RELATIVE THERETO: THENCE N 0° 10' 55" W, 40.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 0° 10' 55" W, 2598.77 FEET TO THE NORTHWEST CORNER (NW CORI OF SAID SOUTHWEST QUARTER (SWo) OF SECTION 15; THENCE N 89° 37' 14" E, 2617.65 FEET TO THE NORTHEAST CORNER (NE CORI OF SAID SOUTHWEST QUARTER (SE%) OF SECTION 15; THENCE S 0° 15' 56" E, 1519.67 FEET ALONG THE EAST LINE OF SAID SOUTH- WEST QUARTER (SEa) OF SECTION 15; THENCE S 89° 40' 04" W, 489.60 FEET; THENCE S 0° 15' 56" E, 771 .05 FEET; THENCE S 64° 23' 56" E, 544. 11 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ) OF SECTION 15; THENCE S 0°, 15' 56" E, 94.00 FEET ALONG THE EAST LINE OF SAID SOUTH- WEST QUARTER (SW o) 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 (21 COURSES; N 89° 46' 38" W, 1794.56 FEET; S 89° 58 ' 14" W, 826.94 FEET; TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 146.92 ACRES MORE OR LESS. Sam L. Leeper The First National Bank of Greeley • Executive Vice Pr' dent Post Ofao Box 1058 et Greeley. Jlorado 80632 Telephone 303 352-1651 • • First of Greeley CLEAN IRREVOCABLE LETTER OF CREDIT xft0 ! t December 10, 1980 iii DEC 10 1980 0. All Drafts Must Be Marked: Drawn under Letter of Credit No. 0133 GREELEY. COLO. Borad of Commissioners of Weld County Colorado 915 10th Street Greeley, Colorado 80631 Gentlemen: By order of and for the account of our client, Highland Park West Investor, 3835 W. 10th Street, Greeley, Colorado 80631, we hereby establish our clean, irrevocable Letter of Credit No. 0133 in your favor for an amount up to but not exceeding the sum of Seven Hundred Sixty Six Thousand Six Hundred Twenty Two Dollars ($766,622.00) effective immediately and expiring at the office of the First National Bank of Greeley, 1025 9th Avenue, Greeley, Colorado 80631 at 3:00 P.M., Greeley time on December 10, 1982. Funds under this credit are available to you by your one or more sight draft(s) drawn on us mentioning thereon this Letter of Credit No. 0133. Each such draft drawn must be accompanied by your signed written statement to the effect that the amount drawn is due you in connection with the completion of curb, gutter, paving, street grading, culvert, storm sewer facilities and retention ponds in Highland Park Subdivison. No funds will be advanced against this Letter of Credit until written proof is furnished by the City of Greeley signed with authorized signatures stating that water and sewer is available sufficiently to meet the City and County Requirements This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary Credits;' 1974 Revision. ./ Board of Commissioners of Weld County Colorado ' Letter of Credit -- Page 2 December 10, 1980 • This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein. Respectfully, THE FIRST IO F GREELEY Sam L. -L epe _ Executive Vice President _- _ SLL/ekg • CLEAN SIGHTCREDIT • APPLICATION AND AGREEMENT 0133 No. • THE FIRST NATIONAL BANK Of GREELEY Place Greeley, CO Date December 10 19 80 • • GENTLEMEN: The undersigned Applicant hereby requests you (as its Agent') to establish a Clean Sight Credit, (which,inclusive of any increase,extension,renewal or partial renewal thereof,is hereinafter referred to as the"Credit•'),substantially as follows: A. In Favor of: BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO B. Whose address is 915 10th Street, Greeley,g Coloradoe(8061`f ielary(let) C. Amount Seven Hundred Sixty Six Thousand Six Hundred Twenty Two Dollars ($766.622.00) (Words and Figures) D. Effect yet Immediately, December 10, 1980 (Date) E. Expiring at the close of business: December 10, 1982 (Date) _NOTE: It is understood that,if your credit is issued in favor of any commercial entity which is to issue a commitment on your behalf in connection herewith,the Obligors)shall remain liable on this credit until you are released by such entity. Irrevocable F. Credit to be: (Revocable or Irrevocable) mail G. To be established by and to be available only through such one of your banking affiliates or correspondents in (were or Mal) State of Colorado the City of Greeley ,Country of IT.S.A. as you may designate(hereinafter called the"Payer") H. Advise at (If desired that notice of the establishment of Credit be given.give name and exact address of party to be advised.) I. Credit established by order of Highland Park West Investors Each such draft(WtalEedcb4Pt1H(fgrEfe bt5 H3rbtT451,r°WdtlkbiPi't81n1e9ignature of the Board of .1. Remarks:County Commissioners in writing stating that the amount drawn is due you in connection w: the completion of curb, gutter, paving, street grading, culverts, storm sewer facilities and retention ponds in Highland Park West Subdivision. The First National Bank of Greeley is hereby authorized to accept this statement as binding without investigation or responsibility for the accuracy, veracity, conclusory accurateness or validity of the same of any part thereof. If we receive such a statement together with your draft. on or before the time and date herein set forth, the Bank will promptly honor said draft(s) . • The attached Letter of Credit No. 0133 is hereby accepted and approved and the same is an integral part of this application. The signing of this application shall constitute the acceptance and agreement to the payment of the annual fee as shown: 2:.0% of the amount of the Letter of Credit Outstanding; pl. $15.00 per draw. Funds will be advanced against this letter only after presentation of evidence of the availability of water and sewer taps from the City of Greeley To induce the establishment of the Credit,the undersigned (jointly and severally) anreels)to the terms and conditions set forth on the reverse side hereof. It being understood (a) that the word "Obligor(s)•', wherever appearing therein or herein, shall refer to the undersigned Applicant and to the Cherub),if any, and )b) that, if this Application and Agreement is signed for and on behalf of a Bank or Trust Company,it shall be the Applicant for the Credit whether or not so designated below, and that the other Obligorlsl, it any. will pay to the Applicant, upon demand,each and every amount which the Applicant map disburse end/or for which it may become liable hereunder, and will indemnify and hold the Applicant harmless from and against any and all loss, costs, damages and expenses which it may incur or sustain by reason of being a party hereto, APPLICANT SIGNS HERE -� HI ARK WEST INVE TORS Extension of this credit under Customer's Liability hes been approved by / Ap can - an Authorized Loan Officer and/or Committee of The First National Bonk c ofrccley. BY: Iie,mbur moment In, p,ryrnanl and commuuon it to he debilad as unheated. • hard D. Weber DEtoll'Tots orrlcC U Dent,' CUSTOMEH:s ACCOUNT YON ALL.PAYMENTS AT THIS OFFICE • CHARGE AGAINST NOTE Office Address Client • AUTItUIII/t.D SIGNAIURL For International thinking Use Only Application Approved By 1.0.0. Address %Commission By(initials) If a think or Trust Company Is a signatory hereto, the Bank or Trust Company should sign as APPL(CANT.and the signature of its CLIENT should be apt,sod hereinn,whore indicated. • 'Worth "as its Agent"apply only when this Application and Agreement it signed by a Bank or Trust Comp any. • t TERMS AND CONDITIONS The Obligorisl ogreelsl: 1. Availnients under the Credit may be °Netted through the Payer at the current buying tate of the Payer for Bankers'Sight Drafts on the place born which the Payer is to ledge ive rr•Imhur semen( under the ternrs 01 the Credit. it tieing understood and Rodin agreed: (a) that the ($1 disburser) to the benebnary(u's) relative thereto may be in the currency local lu the sib'of the Payer,less any taxes and/or 'drier charges whether of the Payer no ntherwWV%anti Ibl that an adyice of an availment under the Credit Irmo the Payer shall he sufficient evidence el an availment under the Credit and such evidence thereat shall be binding upon the Obligor(9 for the purposes of this agreement. • 1. 10 pay on demand in U. S. Currency to THE FIRST NATIONAL BANK OF GREELEY (herein called' the "Hank") at its office at 1025 9th Avenue, Greeley, Colorado. A. If the Credit is in UNITED STATES CURRENCY, a sum equal to each amount which shall have been withdrawn or shall purport to have been withdrawn under the Credit at any time(sl (whether evidenced by any one or more drafts. receipts,cablegrams or otherwise).plus any and all charges and expenses which the Bank may pay or incur relative to the Credit,and such commissions as the(Lusk may determine to be pope. B. If the Credit is in OTHER THAN UNITED STATES CUHR[NCY,a sum egad(computed at the Bank's then selling rate fur cable transfers in the currency of the Credit to the place from which the Payer is to receive reimbursement under the terms of the Credit)to each amount whet h shall have been withdrawn or pugxiit to have been withdrawn under the Credit(whether evidenced by any one or more drafts,recerots.4,hleylms or otherwise),plus.any and all charges and expenses which the Bank may pay or incur relative to the Credit,and such commissions as the Bank may determine to be proper,and C. interest on any and all amounts remaining unpaid hereunder at any times)at such lawful raids)as the Bank may in its discretion determine. 3. If at any timels) any funds and/or securities are paid to or deposited with or under the control of the Bank not as payment under paraganh "2" hereof but to be held relative hereto. same shall be held as collateral security for the obligations al the Obligor(s)as herein set forth and without the Ohrrgor(s) having any right to dispose of the same while any liabilities exists under Otis Agreement,but with the discretionary right in the Bank to release or surrender all or any part of said funds and/or securities to or upon the order of the"Applicant." II any such funds are available to the Bank at its Head Office in the t.-rrency of the Credit at any time alter any payment may become due hereunder, the Bank may (acting in each instance in its discretion and without being re.'vmd to make any prior demand for payment hereunder) apply all or any part thereof at any timels)on account of the liability of the Obligors) hereunder.irrespective of the then current rate of exchange. Should the aggregate market value of any such funds and/or securities at any time(s)suffer any decline,or should oey such property be unavailable at any time for any reason to the Bank or fail to conform to legal requirements, the Obligor(s,and each of them) will upon.remand make such payment(s) on account of the aforesaid obligations,or,as additional collateral therefor, will deposit and pledge with the Bank additional property that is satisfactory to the Bank. It any such funds as aforesaid be other than U. S. Dollars and occasion arises for a refund by the Bank of all or any Portion thereof,it shall be optional with the Bank as to whether refund will be made(a) in U.S. Dollars at its buying rate for the foreign currency on the date o'refund, or (b) in the amount and kind of the foreign currency,or (cl by instructing a branch or correspondent of the Bank to hold the refundable amount of foreign currency for the Applicant's account and risk. 4. To pledge,and dotes) hereby pledge,to the Bank,as security for any and all obligations hereunder,any and all property of the Obligors,or any one or more of them) now or at any time(s) hereafter in the possession or control of the Bank (inclusive of such property as may be in transit by mail or carrier to or from the Bank), or that of any third party acting in its behalf, whether for the express purpose of being used by the Bank as collateral or for safekeeping or any other or different purpose, a lien being hereby given the Bank upon any and all such property for the aggregate amount of the said obligations. The Bank is hereby authorized,at its option,and without obligation to do so, to transfer to and/or register in the name(s)of its ncmineels)all or any part of the property which may be held by it as security at any time(s) hereunder,and with or without notice to the Obligor(s,or any of them).The Obligors,and each a• them) hereby authorizels) the Bank, acting in its discretion at any timels) and whether or not any property then held by the Bank as collateral secures under k on paragraph "3" hereof is deemed by the Bank to be adequate,to hold as additional collateral security any and all monies now-or hereafter with Iheh San deposit or otherwise to the credit of or belonging to the Obligors,or any one or more of them) and then or thereafter to apply,in whole or in part,: y monies so held upon all or any of the aforesaid obligations. 5. The word "property" as used herein includes goods and merchandise (as well as any and all documents relative thereto), securities, (bads. 'ponies (whether United States Currency or otherwise). chosen in action and any and all other forms of property, whether real, personal or mixed and any right or interest of the Obligors, or any one or more of them) therein or thereto. The Bank is authorized, at its option, to file financing statementls) witvut the signature of the Obligor(s) with respect to any of the property and the Obligor(s) Inintly and severally agree to pay the cost of any such tiling and to s•;l upon request any instruments,documents or other papers which the Bank may require to perfect its security interest in the property. • 6. In event of any default hereunder,or in event of the death, failure in business,dissolution or termination of existence of the Obligors, or any of them),or in case any petition in bankruptcy should be filed by or against the Obligors,or any of them),or any proceedings in bankruptcy Cr under ans Acts of Congress relating to the relief of debtors should be commenced for the relief or readjustment of any indebtedness of the Obligors, or any of them. either through reorganization. composition,extension,or otherwise,or if the Oblicor(s,or any of them)should make an assignment for the benefit of creditors Jr take advantage of any insolvency law,or if a receiver of any property of the Obligors, or any of them) should be appointed at any time,or if any proper's of the Obligors,or any of them) which may be in, or conic into, the possession or control of the Bank or that of any third party acting for the Bank as aforesad. should be attached or distrained, or should be or become subject at any time to any mandatory order of court or other legal process then,or at any b^a after the happening of any such event,the amount of the Credit,as well as any and all other amounts payable hereunder to the sank shall,to the extent not thw+tofore paid to the Bank hereunder. become immediately due and payable without demand or notice,and lull power and authority are hereby given to the Bars to sell, assign and deliver the whole o1 the property upon which the Bank has hereinbefore been given a lien,or any perils) thereof.or any substitution(s)the'elor,or any additions thereto, at any broker's board, or at public or private sale,at the option of the Bank,either for cash or on credit or for future delivery. .without assump'inn of any credit risk,and without either demand,advertisement or notice of any kind,all of which are hereby waived. At any sale hereunder,Y e Bank may itself purchase the whole or any part of the property sold, free from any right of redemption oil the part of the undersigned, all such rights ling also hereby waived and released. In event of any Sale or other disposition of any of the property aforesaid, after deducting all costs or expenses of evers send for care,safekeeping, collection, sale, delivery or otherwise,the Bank may apply the residue of the proceeds of the sale or other disposition thereof,to the payment _ or reduction either in whole or in part,of all or any of the obligations hereunder,whether then due or not due,and may return any overptus to the Otiogor(s). all without prejudice to the rights of the Bank as against the Oblgorls)with respect to any and all obligations which may be or remain unpaid hereunder at any timels). 7. No delay on the part of the Bank in exercising any power of sale,lien,option or other right hereunder,and no notice or demand which may tie given to or made upon the Obligors, or any of them) by the Bank with respect to any power of Tale,lien,or other right hereunder,shall constitute a waiver thereof, or limit or impair the right of the Bank to take any action or to exercise any power r of sale,hen,option or any other right hereunder,without demand:, notice or prejudice the rights of the Bank as amidst the Obligor Is.or any of then) in any respect. Any and all rights and liens of the Bank hereunder shall;;retinue unimaired,and the Obligors, and each of them) shall be and remain obligated in accordance with the trams and provisions heteof notwithstanding the release or substitution of any property as referred) to herein, Of of any rights or interests therein, of any delay. extension of time, renewal, compr o miSe. 'r inner indulgence granted by the Bank in reference to any of the aforesaid obligations, the Obligorls, and each of them) hereby waiving notice of any such decay, extension,release,substitution,renewal.compromise or other indulgence,and hereby consenting to be bound thereby as fully anti effectually as it the C:'ligorls, and each of them) had expressly agreed thereto in advance. B. The Bank,and/or correspondents, shall not be liable or responsible in any respect for and (a)error,omission,interruption or delay in transmission, dispatch or delivery of any one or more mesuges or arlvmes in connection with the Credit,whether transmitted by cable.radio,telegraph.owl or otherwise ant despite any Cipher or code which may to employed, or It,) action,inaction or omission,which may tie taken or suffered by it or them an good lath 0' tnrrsuer inadvertence in identifying or foiling to identity any lwnehnarybes)or otherwise in connection with the Credit. B. The Credit may he amended.mortified or revoked only upon the receipt by the Bank from the Obligors,or any of them)of a written request therefor end then surly upon such terms and ro eli tuns as the Bank may prescribe. 10. This ndre'rlvmt shall heroine effective upon ns receipt by the Bank.shall be governed by the laws of the State of Colorado. United States of ?free in all ...sirens.nirlutbng(without lunil:MOn) manias of tille.Continuator..vandrty.per lororanre and discharge,and shall be holdout Anon the Ubl one It,And ,ts his m her lrr Oren nap,•rlwel %unevnr t,assigns,h,,,S. I troll rep.asentabvirS.anti shall not lee w.mv d,.rlbud' ' ,modified to amended at to.lily ul iti t ens n pruv,anm, exi Nit as the [lank may rim'e'd therein or wribug duly sienwI till and nn ru(chill, than nn atsuyunrnt,Of 00119nantlee,Of all ur a'' Sul ti. rghµ of the()Whim Is) hereunder,whether will irvaN to any proper iv w ut herwde,may due male w,lhuut the pope cement m wntuul of the Burk. BEFOR.^SHE WELD COUNTY, COLORADO PLANN J COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date October 21, 1980 Case No. S# 196:80:17 APPLICATION OF Highland Park West Investment ADDRESS 3835 West 10th Street, Greeley, CO 80631 Moved by Fred Otis that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat final plat located on the following described pro- perty in Weld County, Colorado, to-wit: (see attached) be recommended (favorably) ibtRiftWROcidot) to the Board of County Commissioners for the following reasons: 1. The final plat conforms in all major respects to the preliminary plan as previously reviewed and approved by the Planning Commission and Board of County Commissioners. 2. The applicant has complied with the final plat submission requirements as set forth in the Weld County Subdivision Regulations with the exception of Sections 6-2 I and L. Compliance with Section 6-2 I and L are addressed in Conditions 1 and 2. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. 3. On October 9, 1980 the Weld County Utilities Review Advisory Committee recamtended approval of the utility plan for the final plat. The Planning Commissions recommendation for approval is conditional upon the following Motion seconded by Bette Kountz Vote: For Passage Jerry Kiefer Against Passage Wilbur Wafel Fred Otis Bob Halleran Bette Kountz Bob Ehrlich Don Billings Chuck Carlson The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commis- sioners for further proceedings. CERTIFICATION OF COPY I, Dianne J. Reed , Recording Secretary of the Weld County Planning Com- mission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Plann]inc Commission of Weld County, Colorado, adopted on October 21, 1980 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 23rd day of October , 1980 . Secre ary Planning Commission Recommendation Highland Park West Investment S-196:80:17 Page 2 being acoanplished: 1. The applicant shall submit a copy of the proposed deed restrictions (covenants) for the subdivision to the office of the Department of Planning Services prior to scheduling this request before the Board of County Commissioners. 2. A copy of an agreement signed by the Greeley and Loveland Irrigation Company and the applicant shall be submitted prior to scheduling this request before the Board of County Commissioners. The agreement shall specify and agreed upon treatment of the ditch which passes through the property under consideration. The applicant shall demonstrate to the satisfaction of the Board of County Commissioners that the concerns of the Greeley and Loveland Irrigation have been addressed and resolved. 0 3. The applicant shall dedicate 5.5 acres of land for public sites and/or open space as set forth in Section 8-15 of the Weld County Subdivision L/ Regulations or pay an amount equal to the market value of the required acreage as determined according to Section 8-15B. of the Subdivision Regulations if required by the Board of County Commissioners. 4. The applicant shall submit a revised subdivision improvement agreement which shall include the cost of piping fran the northeast detention pond to the inlets at the intersection of W. 24th Street and 52nd Avenue Court. (County Engineering Memorandum dated October 9, 1980) 5. The applicant shall post a bond or other appropriate security approved by the Board with the County for the amount stipulated in the subdivision improvements agreement to ensure the uumpletion of the improvements identified in the agreement. This shall be accomplished prior to record- ing the final plat. 6. The following note shall be placed on the filing plat: All design criteria and recommendation or proposed construction within Highland Park West Subdivision shall be as set forth in the Preliminary Soils and Geological Report for Highland Park West by ARIX dated May 8, 1979, a copy of which is on file with the Weld County Department of Planning Services. 7. The filing plat shall be amended to reflect a,building restriction line twenty (20) feet on each side of the Colorado Interstate Gas Company easement which shall run parallel with the easement boundaries. The build- ing restriction line shall be identified as "C.I.G. Building restriction setback line". This was requested by Colorado Interstate Gas Company and agreed to by the applicant. 8. The information for base and pavement thickness and other construction details contained in a Pavement Design letter fran ARIX dated 9/23/80 by Arthur F. Uhrich shall be shown on the construction plans. 9. The applicant shall address the City of Greeley's concerns identified in its letter dated October 17, 1980. These concerns shall be resolved by the applicant with the City prior to recording the filing plat. 10. The applicant shall clarify who will be responsible for the maintenance of the detention areas shown on the plat. The methods of maintenances shall be to the satification of the pnard of County Ccu nissioners. CAC/dr 10/23/80 Highland Park West 1 _stment 3-196:80:17 CONVENTS: 1. The Weld County Engineering Department has made the following comments in a iiu urandum dated Cctoher 9, 1980: a. A subdrain system is evidently planned to be installed in the sewer main trench. Cleanouts for this system should be installed at the manholes and the outlet should also be shown. It should also be made clear maintenance of the underdrain system would not be the County's responsibility. b. No grading plan will be necessary but the typical cross section should show 2 feet of dirt behind the curb and 3:1 minimum slopes to existing. CAC/dr 10/20/80 ik .;._. 4, w Z Z '" ~ J s d _ o g p o 0. - Q } r 77 °d N r FQ 40 ca e � ° iv i d _ ° t $ W zoa- IS . J 42 ct di d Z el yi Ca r r W D < D `�' V O I_ Q' LL I Ill p ° Z `3 t0 � a N__" DL < W 0 V X W W 0 2 L h 2 Z � \.` c r F 1- 4 w F- W < tL IlipZ z N O ti.. r ° U a rLO ilit (� z0 `1' 1 � altpd 0_ 1 o r 0 0 '- ' v f 0 N\ J p •a J ? \. z ►- 4 \ g � Pzin N J 1 4 Date : October 71 , 1980 CASE NUMBER: S-196:80:17 NAME: Highland Park West Investment REQUEST: Final Plat - Highland Park West Subdivision LEGAL IESCRIPTION: Pt. SDI; Section 15, T5N, R66W • LOCATION: 1 mile southwest of Greeley THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. The final plat conforms in all major respects to the preliminary plan as previously reviewed and approved by the Planning Ccnmission and Board of County Commissioners. 2. The applicant has complied with the final plat submission requirements as set forth in the Weld County Subdivision Regulations with the exception of Sections 6-2 I and L. Compliance with Sections 6-2 I and L are addressed in Conditions land 2. These determinations are based, in part; upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. 3. On October 9, 1980 the Weld County Utilities Review Advisory Committee recommended approval of the utility plan for the final plat. The Department of Planning Services Staff recatmendation for approval is conditional upon the following being accomplished: 1. The applicant. shall submit a copy of the proposed deed restrictions (convenants) for the subdivision to the office of the Department of Planning Services prior to scheduling this request before the Board of County Cacmissioner's. , 2. A copy of an agreement signed by the Greeley and Loveland Irrigation Canpany and the applicant shall be submitted prior to scheduling this request before the Board of County Cannissioners. The agreement shall specify the agreed upon treatment of the ditch which passes through the property under consideration. The applicant shall demonstrate to the satisfaction of the Planning Ccamission and Board of County Commissioners that the concerns of the Greeley and Loveland Irrigation have been addressed and resolved. 3. The applicant shall dedicate 5.5 acres of land for public sites and/or open space as set forth in Section 8-15 of the Weld County Subdivision Regulations or pay an amount equal to the market value of the required acreage as determined Department of Planning Se+'- ces Recommendation Highland Park West Invesb.__it S-196:80:17 Page 2 according to Section 8-15B. of the Snhaivi.sion Regulations if required by the Board of County Commissioners. 4. The applicant shall submit a revised subdivision improvement agreement which shall include the cost of piping from the northeast detention pond to the inlets at the interscction of W. 24th Street and 52nd Avenue Court. (County Engineering Memorandum dated October 9, 1980) 5. The applicant shall post a bond or other appropriate security approved by the Board with the County for the amount stipulated in the subdivision improvements agreement to ensure the completion of the improvements identified in the agreement. This shall be accomplished prior to recording the final plat. • 6. The following note shall be placed on the filing plat: All design criteria and recommendation or proposed construction within Highland Park West Subdivision shall be as set forth in the Preliminary Soils and Geological Report for Highland Park West by ARIX dated May 8, 1979, a copy of which in on file with the Weld County Department of Planning Services. 7. The filing plat shall be amended to reflect a building restriction line twenty (20) feet on each side of the Colorado Interstate Gas Company easement which shall run parallel with the easement boundaries. The building restriction line shall be identified as "C.I.G. Buidling restriction setback line". This was requested by Colorado Interstate Gas Conpany and agreed to by- the applicant. 8. The information for base and pavement thickness and other construction details contained in a Pavement Design letter from ARIX dated 9/23/80 by Arthur F. Uhrich shall be shown on the construction plans. 9. The applicant shall address the City of Greeley's concerns identified in its letter dated Octnher 17, 1980. These concerns shall be resolved by the applicant with the City prior to recording the filing plat. 10. The applicant shall clarify who will be responsible for the maintenance of the detention areas shown on the plat. The methods of maintenances shall be to the satisfaction of the Board of County Commissioners. CAC/dr 10/20/08 -^ Highland Park West In stment S-196:80:17 COMMENTS: 1. The Weld County Engineering Department has made the following comments in a menurandum dated October 9, 1980: a. A subdrain system is evidently planned to be installed in the sewer main trench. Cleanouts for this system should be installed at the manholes and the outlet should also be shown. It should also be made clear maintenance of the underdrain system would not be the County's responsibility. b. No grading plan will be necessary but the typical cross section should show 2 feet of dirt behind the curb and 3:1 minimum slopes to existing. CAC/dr 10/20/80 REQUIRED ACREAGE expected ponulation x 10.5 = acreage 1000 expected population = total number lots x average population ner household 164 lots x 3.2 (average population) = 524.8 524.8 x 10.5 = 5.5 Acres 1000 164 • x 3 . 2 = 524 . 80 * 524 . 8 = 1,000 . 00 = 0 . 52 * 0 . 524x 10 . 5 = 5 . 50 * •yam'-�'y. lc.� •, „ ,x �,,�c ,,� _ ` a: r 3 tae . —in-__,TairT . i . i 1• FI �-3s _. Aa 41 44, • atr Jr GREELEY CIVIC CENTER GREELEY. COLORADO 00631 PHONE (303) 3536123 October 17, 1980 Mr . Chuck Cunliffe Assistant Zoning Administrator Weld County Division of Planning Services 915 10th Street Greeley, CO 80631 Dear Chuck: The concept of the Final Plat for Highland Park West conforms with the Planning Commission recommendation on the Preliminary Plan. The City staff has identified several technical points which still need to be corrected. Included is a list of items identified by the Water and Sewer Department which need to be addressed. The Public Works Department outlined several items they need to have corrected. 1) Specify the acreage, detention quantities and release rate for the Outlot south of the ditch and north of 34 Bypass; 2) The developer needs to show the methodology and design of the facility to transport the water released from the south pond, across the south Outlot , to the ditch along 34 Bypass, and; 3) Several of the bearings, distances, and lot acreages need to be checked and corrected. They are as follows: a) Block 8, Lots 7 & 8 - check the area shown b) Block 8 - show a bearing on the lot line between lots 3 & 4 c) Check the area of the Northeast detention pond d) Block 4, Lots 16 & 17 - show lot line dimension e) Show the bearing on 55th Avenue f) Block 10, Lot 7 - show east lot line dimension g) Block 4, Lots 16 & 17 - show the bearing for the rear lot line "A COMMUNITY OF PROGRESS" Mr. Chuck Cunliffe Page 2 October 17, 1980 h) Block 3, Lots 17 & 18 - complete the front lot dimension i) Sheet 7 of 41 needs to be checked and corrected overall . In addition, the City' s policy is that the City is generally willing to accept the maintenance responsibility for detention areas like the ones included in this subdivision when the parcel is within the City limits. That decision will be made by the Public Works Department after the property has been annexed into the City . It should be clarified who will be responsible for the maintenance of those detention areas until the development falls within the City limits. Thank you for the opportunity to review and comment on this referral, If you have any questions regarding this matter, please do not hesitate to contact our office. Respectfully, X,Ly )(C72-1,4 G� ; Ken McWilliams City Planner KM:vlp to:15161718i � OCT]98 a 0 CC CE/VED A ADMINISTRATIVE REVIE\S TEAM October 1, 1980 Page 4 IV. THE FINAL PLAT FOR HIGHLAND PARK WEST LOCATION: South of the Highland Hills Golf Course Represented by : Dick Weber Art Uhrich Webhan, Inc. ARIX, Inc. 3835 W. 10th Street 2021 Clubhouse Drive Greeley, CO 80631 Greeley , CO 80631 Ken McWilliams introduced this item to the ART Board members and explained that the preliminary plat for Highland Park West had been through ART and Planning Commission a few months earlier . He then opened the meeting up for comments on the final plat for the subdivision. John Gautherie had several comments on the plat : 1) He requested that there be a water line loop between the 58th Avenue cul-de-sac and either the properties to the north or to 57th Avenue on the east; 2) He requested a flush plug at the stub end of the water line in 53rd Avenue; 3) He requested that the shut off valves on Q the fire hydrants be placed out near the main rather than near the hydrant . He further explained that the mechanical joints shown on the drawings could be used if the valves are placed out near the main . If the valves are placed near the hydrant, flange joints would be required; 4) Mr. Gautherie indicated that he would like to have a site plan for the lift station provided in the drawings; and, 5) Notes should be placed on the drawings which indicate the portions of sewer line A and line C which are too shallow to accommodate homes with basements . Bill Hange indicated that he would need more time to look over the drawings but that in order to assess the drainage plan for the subdivision, he would need to see contours shown on the drawings of the detention pond; drainage quantities shown at all of the intersections on the final plans; and a note on the cover of the preliminary drainage plan that indicates that it will be used as the final drainage plan. Mr. Hange explained that he would have comments regarding the final plans ready by the 8th of October. Mr. Hange asked who would be responsible for the maintenance of the detention ponds shown within the subdivision . Mr . Weber indicated that the City would be responsible for their maintenance. Bill Hange explained that the City generally does not accept maintenance for small detention ponds such as this. The City' s O ADMINISTRATIVE REVIEW TEAM October 1 , 1980 Page 5, Item IV • policy is generally only to accept maintenance of large regional detention areas . Mr . Hange explained that he would check into this but that it may be necessary to establish a Homeowner ' s Association within the subdivision for the maintenance of the drainage area. Dick Weber explained that he did not feel that this was practical since there is no other maintenance within the subdivision which would require a Homeowner 's Association. During the discussion of the preliminary plat for Highland Park West, the ART Board and the Planning Commission had indicated that they would like to see Highland Park West tie into the existing Highland Hills sewer lift station . After researching this situation and discussing it with the Sewer and Water Department , it was determined that this would not be possible and that a new lift station would have to be installed in the Highland Park West subdivision . O /- 7846 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE 1303) 8392611 October 14, 1980 Mr. Chuck Cunliffe Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: RE: HIGHLAND PARK WEST WELD COUNTY We have reviewed the final plat for Highland Park West subdivision. As mentioned in our letters of July 30, 1979 and May 14, 1980, the recommendations made in the Arix reports regarding foundation design, floor slab construction, surface and subsurface drainage, treatment of foundation soils, and the need for inspection of excavations should be closely observed. If these recommendations are followed, we have no objection to approval of this application. Sincerely, ota_kua_H F. c tuuv ,d Julia E. Turney Engineering Geologist JET/gp cc: LUC rt516 j7��J9�o S OCT 1980 RECEIVED e0 r Weld Cough S �3AAIA( (ApI�I5SIA1 V•cl IE OL€%- '- GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE Nee.Carpente,. Prevpen' N Kern F.ake- Rogene R Brauer In En,. .. - Gorgon w.Brutnner Patrick C Dwyer I X t RooOn J Shreve ` Dee J Seemlier Rorer:0 Thomas Gary R Winoolpn October 16, 1980 Mr. Drew Scheltinga Engineering Manager Weld County 915 10th Street Greeley, Colorado 80631 Dear Drew: SUBJECT: HIGHLAND PARK WEST SUBDIVISION ARIX PROJECT NO. 79130.01 I have reviewed your comments in the memorandum to Chuck Cunliffe on October 9, 1980. I am agreeable to all , except Item 2. The City Water and Sewer Department does not want cleanouts at manholes for the subdrain system. The underdrain system proposed does not include piping, but a pervious gravel layer located above and below the sanitary sewer main with house laterals bedded in gravel and a continuation of gravel around the peri - meter footings. An attempt to daylight subsurface water on the property is being made, prior to resubmittal of corrected sheets. Respectfully, AR X, A Professional Corporation 4241 Arthur F. Uhrich Project Director pw cc Chuck Cunliffe, Weld County cc Dick Weber '%jitte. 473N oG' 'yep J1 NRaw cau+�t00 * fiaee1aP 1411 7. .T + __ 5-196:80: 17 - - _= ` - - - = October L_ . a;; -- _r_--- - _ Highland Parl West Investment _ _ :-c.—_-_ Same Size of Parcel : 146.92 acres + Staff "e-ber to Contact : Chuck Cunliffe " scal Lesc=irtion : Pt. SWt Section 15, TSN, P66W Location : 1/2 mile southwest of the City of Greeley; south of Highland Hills golf course and north of US Hwy 34 Bypass FXisting Zoning : --- — Estate Reau e st : Final Plat - Highland Park West Subdivision Possible Issues Summarized from Application :Materials: Agreement with ditch company has not been completed nor submitted to the County. FINAL PLAT .;uBDIVISION APPLICATION Department of Planning Services, 915 - 10th Street , Greeley, Colorado PHONE: 356-4000 Ext . 404 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. CO- 1q (.p % $Q'' kyl APPL. FEE %%O .00 ZONING DISTRICT E,S'rR RECORDING FEE $ So. cup DATE SEP 1 9 tSfl RECEIPT NO. 1 %460 1.t 2.4 APPL. CHECKED BY C.G.� TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: . See attached Legal Description (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED SUBDIVISION Highland Park West EXISTING ZONING Estate PROPOSED ZONING Estate TOTAL AREA (ACRES) 146.92± NO. OF PROPOSED LOTS 164 LOT SIZE: AVERAGE 25,000 MINIMUM 20,000 SF UTILITIES: WATER: NAME City of Greeley SEWER: NAME City of Greeley GAS: NAME Greeley Gas Company, Electric: REA and HL&P PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME School District No. 6 FIRE: NAME Western Hills Fire District DESIGNERS ' NAME ARIX, A Professional Corporation ADDRESS 2021 Clubhouse Drive, Greeley, Colorado PHONE 330-2749 ENGINEERS' NAME ARIX, A Professional Corporation ADDRESS 2021 Clubhouse Drive, Greeley, Colorado PHONE 330-2749 FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Highland Park West Investment ADDRESS 3835 West 10th Street, Greeley, Colorado PHONE 353-1150 NAME ADDRESS PHONE NAME ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this annlication are true and correct to the best of my knowledge. G � COUNTY OF WELD ) icc-i_ '� D. 60"e"""¢ �/ STATE OF COLORADO) 709 /B /k*/1- / Signature : Owner bor Au ,thorized Agent 64 Subscribed and sworn to before me this j G day of ,ie. ) 19 R-) . SEAL e 1 -2 -7-'-<-4. / //`,C r-)LCJ �' 0O Sir )^�� ,:. ei NOTARY PUBLIC ; ,-- + `tet-EI ED v', r--) G rile tem/ My commission expires : t /J ��r, rraenln� ��keisslcr ��1� 04-79-026 WCDPS-78-1 .f- r LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER (SW COR) OF SAID SOUTHWEST QUARTER (SW 1/4) OF SECTION 15 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW 1/4) SECTION 15 TO BEAR n 89° 58' 14" E WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO: THENCE N 0° 10' 55" W, 40.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 0° 10' 55" W, 2598.77 FEET TO THE NORTHWEST CORNER (NW COR) OF SAID SOUTHWEST QUARTER (SW 1/4) OF SECTION 15 ; THENCE N 89° 37' 14" E , 2617.65 FEET TO THE NORTHEAST CORNER (NE COR) OF SAID SOUTHWEST QUARTER (SW 1/4) OF SECTION 15 ; THENCE S 0° 15' 56" E, 1519.67 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4) OF SECTION 15; THENCE S 89° 40' 04" W, 489.60 FEET; THENCE S 0° 15' 56" E, 771 .05 FEET; THENCE S 64° 23 ' 56" E, 544. 11 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4) OF SECTION 15; THENCE S 0° 15 ' 56" E, 94.00 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4) 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; N 89° 46' 38" W, 1794. 56 FEET; S 89° 58' 14" W, 826.94 FEET; TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 146.92 ACRES MORE OR LESS. a b C Neal Carpenter A Professional Corporation Preyclient N Kent Baker eogere R.Brauer M I Engineers Architects Planners Go con W.Bruckner Rou D Dwyer Rouen art J. Shreve Dae J.Steichen D Thomas 2021 Dluhhouse Drive Rocert Gary R.Windolpn Post O,ce Box 2?21 Greeley Golmacc 80631 303 330 2749 September 22, 1980 Mr. Charles Cunliffe Assistant Zoning Administrator Department of Planning Services Post Office Box 758 Greeley, Colorado 80632 Dear Mr. Cunliffe: SUBJECT: HIGHLAND PARK WEST - FINAL PLAT ARIX PROJECT NO. 79130.01 Pursuant to the Weld County Subdivision regulation , submitted is a summary statement on the captioned subdivision : Section 6-2, K (1 ) Area to be developed - 146.92 acres . (2) 164 dwelling units. (3) No non-residential floor space. (4) No off-street parking spaces. (5) 164 x 3.5 people/unit x 100 gpd = 57,400 gal . (6) a. 3.5 x 75 gal . = 263 gal/day/unit. b. 3.5 x 2# B.O.D. = 0.7# B.O.D./day/unit. (7) See improvement agreement for itemization of estimated construction costs. The developer will finance the construction of the facili - ties discussed through their line of credit with local banks. If there are any questions, please contact this office. Respectfully, ARIX, A Professional Corporation ' AA v4�bvV V l ^� .,gyp ' Arthur F. Uhrich I? Sir Project Director r: AFC P75y x. / 0 ° cc Dick Weber, Webhan Corporation y s"` e9SPE"6\1\.�, FINAL PLAT The following recu c if utilities shall be pi cussed by the ' subdivider or his representative as required in Section 6-2 H. of the Weld County Subdivision Regulations . NAME OF SUBDIVIDER OR DEVELOPER Hichland Park West Investors Name of Subdivision Richland Park West Agent/Owner 1.:ebhan Corporation Name & Address 3835 West 10th Street . Greeley, Colorado 60631 ELECTRIC UTILITY COMPANY Approved by / 7/ r- ; -- - ; ' //Ic7-t Al i C (Name) (Title) ': (Date) Subject to Disapproved by (Name) (Title ) (Date) WATER Approved by (Name) (Title) (Date ) Subject to Disapproved by (Name ) (Title ) (Date ) SEWER Approved by (Name) (Title) (Date ) Subject to Disapproved by (Name) (Title ) (Date) TELEPHONE COMPANY Approved by c ?Cc-z-7�,_. -� /<,_ SO (Name) (Title) :cwc (Date) c Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY Approved by 2 (Nam ) (Title ) (Date) Cl Subject to Disapproved by (Name) (Title ) (Date ) FIRE DISTRICT Approved by adtg.--2x,ii.:�v r`< ("1 9 vet (Name ) // (Title ) / (Date ) Subject Disapproved by _7n_o,,., (Name ) (Title ) (Date ) 4e�e"x'? 114r r 414.44 __ �.:.�, +.u.+s�i�yr'.'F:yhy�`im^' ► Irarranlasilitaarj brie tJ' s ,t.,'::'Y , ate__ .. Ji I: tt t* ay yi:+ 1 i. . '' .i ham" a< , . � 1 ' 1 l ✓,/' y .js'"�'p. 41' 'f'�Y .0 1.ar 37 ICI' r�LNIIJr October 7, 1980 Mr. Dick Weber Weber kedlty, Inc. 3835 Wei,t 10th Street Greeley , Colorado 80631 Dear Dick : This is to certify that the City of Greeley intends to serve Highiana Park West witn water and sewer service contingent on final plat approval . If you need turther information, please contact me. Sincerely, CITY OF GREELEY John G. Gauthiere Administrative Engineer Water and sewer Department JGG/Id 567890 lit °Cr11> 1980 ct'/V gun eb s; rES t• ' ` l, EXHIBIT "A" \ Name of Subdivision : —41-� yL ( A �o,r� WQ S-( Filing: I 11 r Location: 5 �.1 1/4. i Sec en (> 1 Ts t,.) i24 24, 1/413 Intending to be legally bound , the undersigned Subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) Improvements Unit Cost Estimated Construction Cost Street grading 2/G y 7 6, 0 0 Street base _ Street paving }11} it 5/7f. c(Z, s ,o•o Curbs , gutters , and culverts ` Ill t.. 1071 Boa Sidewalks �' Storm Sewer facilities Specs Retention ponds $ 2/ct _35, In- Ditch improvements _ Sub-surface draina a tSoo 4•t I E2Jtae Sanitary sewers —_I t.. t4 __—dye sio Trunk an forced Ines /cF 1'75•45 Mains IS/iF fSc• Laterals (house co ) Seib MI - / 44Ipo+ On-site Sewage facilities h On-site Water supply and storage A/ Water mains f, /t I Z, mbe Fire hydrants ISea Sou Survey & street monuments & boxes Street lighting Z7e./u,,,:aF 8G'___ Street name signs Fencing requirements Landscaping Park improvements 1 .iA • SUB TOTAL • Engineering and Supervision Costs 6.3 S$$e (testing, inspection , as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ,5 r gta7 O The above improvements shall be constructed in accordance with all County requirements and specifications , and conformance with this provision shall be determined solely by Weld County , or its duly authorized agent. Said improvements shall be completed accordin to the construction sche ule set out in Exhibit "B". t nature oc : u ivider ( If corporation, to be signed by President and attested to by Secretary, together with corporate seal . ) I . EXHIBIT "B" September 22, 1980 Mt. Chakle4 CunL.Lbbe A44 stant Zoning AdminL.5ttatot (veld County Depwctment of Planning Service's 915 Tenth Street Gteekey, Colorado 80631 Dews Chuck: Attached i6 a plat map of Highland Porch Ule'st, /showing out Fin/st Phase of development £ot gtad.Lng, water, 'sewer, pawet, cwcb, gutter and /stteeta. We wilt be atwct.Lng on. the development of Phase One juot a/s /soon a/s we have j.Lnal plat approval. ComptetLon /should take about eight month's, weather peam.Ltt.Lng. We do not have plan-o £ot the conattuction of home's in tha develop- ment, only the /sake o£ lotto. Naturally, con4ttuctLon contract's bon gtading and uti.lttLe's w.LZI also very much control out time eeheduke. The total development wilt probably be in joux phase/s depending on the demand bon tots. Thank you jot yout excekkent cooperation. S.Lncetely, HIGHLAND PARK (VEST I VESTM I 'ehatd D. weber lama get RD(V//syh Encloeute "62 4.�2324 c7`p- At SEP 1g8o LEI vEL Nt utRa a • Mr. Chuck Cunliffe page - 2 September 23, 1980 of compaction being attained in the field and compliance with project specifications. In areas of the subdivision where the bedrock was encountered at relatively shallow depths below present grades, peri- odic checks should be made to determine that the bedrock is at least two feet below finished subgrade elevations. The base course overlying the subgrade should consist of a hard, dura- ble, crushed rock or stone and filler and should have a minimum "R". value of 80. The composite base course material should be free from vegetable matter and lumps or balls of clay and should meet the Colorado Department of Highways Specification Class 6 Aggregate Base Course which follows: Sieve Size % Passing 3/4" 100 #4 30-65 #8 25-55 #200 3-12 Liquid Limit - 30 Maximum Plasticity Index - 6 Maximum The base course should be placed on the subgrade at or near optimum moisture and compacted to at least ninety-five percent (95%) of Standard Proctor Density ASTM D 698-78. It is important that the base course be shaped to grade so that proper drainage of the pavement area is obtained. The asphaltic concrete should meet City of Greeley specifications or equivalent and be placed in accordance with those specifications. If three inches of asphaltic concrete is used for the collector street, we recommend that the asphalt be placed in two (2) one and one-half (1 1/2) inch thick lifts . If there are any questions regarding this information, please call me. Respectfully, ARIX, A Professional Corporation 0-41441A- 61:44.11s -�3�425"5�� Arthur F. Uhrich I !• " Project Director (ti p"' RECEIVED v1 cc Dick Weber Wo16 mmt }Wag Pummission c el l Ult- r-,. L-,,:, , C Neal Carpenter, ( t Presaenr --- ( A Professional Corporation N.Kent Baker Eugene R.Brauer Parton W enner Engineers Architects Planners Patrick Dwyer Robert J Shreve Dab J.Stewhen Robert D.Thomas 2021 Clubhouse Drive Gary R.Woltz Post Office Box 2021 Greeley Colorado 80631 303 330 2749 September 23 , 1980 11r. Chuck Cunliffe Assistant Zoning Administrator Weld County Planning Services Post Office Box 756 Greeley, Colorado 30631 Dear Mr. Cunliffe: SUBJECT: HIGHLAND PARK WEST SUBDIVISION -• PAVEMENT THICKNESS ARIX PROJECT N0. 79130.01 The AASHTO classification of the soils forming pavement subgrade in the majority of the subdivision are A .2-4 and A-4 with a group index of "0' . Respectively, the CBR values for these materials are 15 and 9. The CBR value of the bedrock is 4. Areas where the bedrock is with- in two feet of the surface after final grading, we recommend undercutting to two feet and replacing with A-2-4 or A-4 material . We recommend the pavements be constructed to a CBR value of 9. All resi- dential streets consist of six inches of base course and two inches of asphaltic surfacing for a total depth of eight inches. For West 26th Street, which is a 60 foot collector, we recommend nine inches of base course and two inches of asphaltic surfacing. As our alternate, we recommend six inches of base course and three inches of asphaltic surfacing. The upper six inches of existing topsoil in undeveloped areas should be stripped. The topsoil can be wasted off-site or used for final grading adjacent to pavement edges. In areas to receive fill , the upper six inches of subgrade should be scarified and recompacted in place to a minimum of ninety percent (90?≤) of Standard Proctor Density ASTM D 698- 7d. At cut subgrade elevation and in areas that will remain at present grade, the upper six inches should be scarified and recompacted in place at or near optimum moisture content to a minimum of ninety-five percent (35%) of Standard Proctor Density ASTM D 693-78. Fill required to pave- ment subgrade elevation should be a material approved by a geotechnical engineer. All fill should be placed at or near optimum moisture content and compacted to a minimum of ninety-five percent (950) of Standard Proctor Density ASTM D 693-78. qualified geotechnical personnel should be present during stripping of the topsoil , scarification of the subgrade, and placement and compaction of fill . In-place density tests should be performed to verify the degree !ILIJ;.{};AL 1,1 J_ . V) o APPLIC7T Highland Park West Invest . it CASE n S-196:80:17 REFERRALS SENT OUT ON: September W, 1980 z U REFERRALS TO BE RECEIVES) BY: October 10, 1980 C t-7 La L.) o O 4a H In L1 F 1 ca o o CG ca �• REFERRALS RECEIVED County Attorney (Plat only) $ SEP 29 1980 County Health gs OCT S °3993 County Engineer . Greeley Planning Commission c/o Ken McWilliams Greeley Planning Department Civic Center Complex Greeley, Colorado 80631 P .C. 10/14/80 Colorado Geological Survey Julia Turney Room 703 1313 Sherman Street Denver, Colorado 80203 OCT 9 1980 Colorado Department of Highways X 1402 2nd Street Greeley, Colorado 80631 Xoil Conservation Service OCTGCT 9 1980 4302 West 9th Street Road • Greeley, Colorado 80631 Mr. Floyd C. Robertson Colorado Interstate Gas Company 1( OCT 9 1983 Land Department P.O. Box 1087 Colorado Springs, Colorado 80944 X Jerry Kiefer OCT 1 1980 2120 Fairway Lane - Greeley, Colorado 80631 • X QvT ,, 1933 Paul Bisel School District #6 811 15th Street Greeley, Colorado 80631 • o ;gaj Greeley-Loveland Irrigation Company 808 23rd Avenue — _ Greeley, Colorado 80631 The Greeley and Loveland Irrigation Co. 808 TWENTY-THIRD AVE. PHONE 352-0495 EDWARD M. BORESEN. PRES.. GREELEY. COLO. RONALD F. BRINKMAN. SECY., GREELEY. COLO. EDWARD D. SIMPSON. SUPT.. LOVELAND. COLO. GREELEY. COLORADO 80831 October 9, 1980 Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Highland Park West Gentlemen: The Greeley and Loveland Irrigation Company has considered the proposed Highland Park West Development and its effect upon the main canal of the Company, which passes through the development. As you know, the Greeley and Loveland Irrigation Company is very concerned about the operating of a large canal through a highly developed area. Past ex- periences show such a canal to be a serious safety and maintenance problem. The Directors feel that placing the canal underground in pipe makes a much safer system for those who live in the area, a much more desireable area for the devel- oper, and a virtually maintenance-free system for the ditch company. A perfect example of such an underground system is proposed through the planned Gateway Estates Subdivision approximately 3/4 mile to the east of the Highland Park West area. The Greeley and Loveland Irrigation Company and Mr. Dick Weber, developer of Highland Park West, are in the process of working out a solution to the problem of the ditch through the area. The ditch company has suggested the developer place funds from the sale of each lot in escrow or trust to cover the costs of the work at some future date when the water carried in the ditch will be considerably less than is currently carried. -In light of the fact that the agreement between Mr. Weber and the Greeley and Loveland Irrigation Company is in the negotiation stages, the Greeley and Loveland hopes that a conclusion to the agreement will be done soon and that the conclusion of this agreement can be made a condition of the approval of the final plat of the Highland Park West area. y 1;111 Yours very truly, 1$ - " \ THE GREELEY AND LOVELAND IRRIGATION Company C\O 1' ,1 By Lei. 'n :: 24I - President EB/rb Colorado interstate Gas Company Ln P.O.BOX 1087•COLO.SPGS.,CO 80944•(303) 473-2300 October 8, 1980 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Attention: Mr. Chuck Cunliffe Assistant Zoning Administrator Re: Ault-Watkins Loop - 66 Case No. S-196:80:17 Dear Mr. Cunliffe: In reference to your notice of Final Plat dated September 25, 1980, Dick Weber of Highland Park West Investments has agreed to include a building restriction line twenty (20) feet on either side of our easement with and along our easement boundaries. In addition, the Protective Covenants covering the subdivision should be recorded with the Final Plat. So long as these requirements are met, our company has no objection to the Final Plat. Representatives of Colorado Interstate Gas Company would like to attend the Planning Commission and Board of County Commissioners' hearings concerning approval of the Final Plat. Therefore, please advise us when the dates for these hearings are set. Thank you for your courtesy and cooperation. Yours truly, R. L. BLAES Manager, Land Department By: d Floyd C. Kobertson FCR:ek xc: Weber Realty . f 3835 West Tenth Street Greeley, Colorado 80631 `)"rlyB0 Attention: Dick Weber RECEIVED *el9 Caunry Dave Williams Ftimf x tatsinfra CIG - Legal Department NW , .._., . m1moRnnDum Chuck Cunli£fe October 9 , 1980 " e To Date,fid COLORADO @ • From Highland Park West Final Plat Drew Scheltinga Subject: I have completed a review of the submittal and have the following comments. 1. The inforamtion for base and pavement thickness and other construction details contained in a Pavement Design letter from Arix dated 9/23/80 by Arthur F. Uhrich should be shown on the construction plans . 2 . A subdrain system is evidently planned to be installed in the sewer main trench. Cleanouts for this system should be installed at the manholes and the outlet should also be shown. It should also be made clear maintenance of the underdrain system would not be the County' s responsibility. 3. The discharge from the northeast detention pond is noted to be coordinated with Highland Hills drainage study. That study has indicated the discharge from this pond should be piped to the inlets at the intersection of W 24th St. and 52nd Avenue Court. That work should be part of Highland Park West improvements . Also, the developer should aquire any easement necessary to complete the connection. 4 . No grading plan will be necessary but the typical cross- section should show 2 feet of dirt behind the curb and 3 :1 minimum slopes to existing. 5. It should be a matter of record that building construction should be in accordance with the "Preliminary Soils and Geological Report for Highland Park West" by Arix dated ..\) Ma 8, 1979. Drew Scheltinga mm Ct c `r. R • / O�T it �,�`t_' ek. 49637 w r1� /}dSee 4,$4, k� r (4 t O Weld (Comity School District y: 811 Fifteenth Street • Greeley, Colorado 80631 • 303/352-1543 William A. Mitchell. Ed.D., Superintendent Paul Bisel Director of Facilities and Planning 352-1543, x 53 29 September 1980 Mr. Charles Cunliffe Assistant Zoning Administrator Weld County Planning Commission 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: This is in reference to the application for Highland Park West Final Plat, Case No. S-196:80:17. We have completed our review and are only concerned with the adequate access to the subdivision for our students as stated in our letter to Mr. Kirby, dated 2 September 1980. Sincerely yours, eaCteie--P Paul C. Bisel, Director Facilities and Planning PCB:fws enclosure ``' 0CT1S8 r RECEIVED We,a Not, v(� ;• Maur, '-nnisue ^`nF Weld tiortunfiy Shcl $ fNstn� Greeley 811 Fifteenth Street • Greeley, Colorado 80631 • 303/352-1543 William A. Mitchell, Ed.D., Superintendent September 2 , 1 9 8 0 The Honorable C. W. Kirby Chairman , Weld County Commissioners 915 10th Street Greeley , CO 80631 Dear Mr. Kirby : • At the August 27 , 1980 regular meeting of the Board of Education , the following motion was unanimously approved . I recorrend that the Board of Education direct the a:.U7ii>i its71'GL:J72, 9n behai; of th.e Board, to contact the :-lannin,.: offices and governing bodies of t-:e City and Count?, and express our major c✓ncern in the foilowir__ manner. We urge that the i;i-,l and County require developers of subdivisions an: /or 'LID filings to provide adequate calk2:.r.s (sidewalks) to insure pedestrians fete and that streets approved in said filings be develcoed at proper widths, with acceptable clearance, and appropriate turning radiuses to allow for the movement of School District and/or City buses through those areas. It is extremely important to the District , its patrons , and children that proper safety provisions be made for pedestrians and mass-transit vehicles so that we can insure the efficient movement of students to and from school . We ask that you accent this statement of concern and keep it in mind with all present and future requests for new housing areas . Thank you for your consideration in this matter. We look for- ward to a long and productive cooperative effort . Sincerely , C illiam Ni chell Superintendent of Schools 1';AM : vb Co%orar"nterstate Gas Company ^ P.O. BOX 1007•COLORADO SPRINGS,COLORADO 80944•(303)473-3300 July 8, 1980 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Attention: Mr. Chuck Cunliffe Assistant Zoning Administrator Re: Highland Park West Ault-Watkins Loop - 66 Dear Mr. Cunliffe: At the County Commission meeting of June 25, 1980, Colorado Interstate Gas Company agreed to work with Weber Realty to arrive at mutually acceptable covenants for Highland Park West to maintain our right to the easement through the proposed subdivision. These covenants are currently being negotiated by both parties. However, as some added protection, our company would like to explore the possibility of enforcing rear setbacks on property adjacent to our easement from the outer edge of our easement instead of from the rear lot line. This would further enhance our ability to enforce our easement from encroachment. This concept was brought up by Commissioner Carlson; and, the County Attorney seemed to feel it would be a feasible step. Please let us know if enforcing setbacks from our easement boundary is within the legal framework of the County. If so, we would like to see such a step made a requirement prior to passage of the Final Plat. Your assistance in this matter is most appreciated. Yours very truly, ChiC/ 22/i Floyd C. Robertson FCR:rn 0-141c0 �✓ 4 Colorado Interstate Gas Company P.O. Box 1087•COLORADO SPRINGS, COLORADO 80941•(303)O3-3300 July 11, 1980 Board of County Commissioners Weld County 915 Tenth Street Greeley, Colorado 80631 Re: Highland Park West Ault-Watkins Loop-66 Gentlemen: On June 25, 1980 you passed the preliminary plat of the Highland Park West Subdivision subject to mutual acceptance of covenants for said Subdivision by Weber Realty and Colorado Interstate Gas Company. Certain of these covenants are to protect our company's exclusive ease- ment through Highland Park West. These covenants are currently being negotiated by Weber Realty and ourselves. However, due to the potential safety hazard should someone build any structures over the high pressure gas lines contained in our ease- ment, we request that the County require that our easement boundaries be designated as building restriction lines from which setbacks can be enforced. A structure on our easement could provide a means for leaking gas to migrate and collect-greatly increasing the risk of an explosion. Enforcement of our easement boundaries as building restriction lines, along with the aforementioned covenants, should effectively prohibit the installation of any structures on our easement. We also request that this requirement for building restriction lines be included as a con- dition for approval of the Final Plat. Your assistance and cooperation in this matter are greatly appreciated. Yours very truly, r��/�" X17- /J. N. McDowell Assistant Manager, Land FCR:rn rn •,(y VI 12 J?,4 2. `-, xc: Chuck Cunliffe R /j/f Weld County Planning Department EC 915 Tenth Street Y F'" b Greeley, Colorado 80631 �''-%lime 4,,7y D. E. Williams ��� CIG-Legal Department tc; J j' MAILING LIST - HIGHLAND PARK WEST - FINAL PLAT S-196:80:17 Lawerance Levenson Charles and Bessie Miller 3405, 16th Street a 3 s . .;"„ 5600 West 24th Street Greele,y, olorado 80631 JA"m"t Greeley, Colorado 80631 Gilbert and Paula Sydney Van and Diane Dratzenstein 2317 58th Avenue 5520 West 24th Street Greeley, Colorado 80631 Greeley, Colorado 80631 John and Carol Bartlett Michael and Dawna Swanson 1418 \30th enue ,73 a' J,,+� � og. 5516 West 24th Street Greel , C orado 80631 Greeley, Colorado 80631 Walter and Grace Cole 2335 Fairway Lane John and Maxine Shupe Greeley, Colorado 80631 5427 24th Street Greeley, Colorado 80631 Allen and Linda Weber 2341 Fiarway Lane Robert and Be Em Dragich Greeley, Colorado 80631 5404 24th Street Greeley, Colorado 80631 Jack and Ruth Stephenson 2 ever Avenue 26o/ '7y - Vern and Terri Mitchell Johps wn Colorado 80534 - -4 5322 24th Street Greeley, Colorado 80631 George and Barbara Conger 5800 West 24th Street Faye Lundvall Greeley, Colorado 80631 2201 95th Avenue Greeley, Colorado 80631 Rene and Georgia Morgan 5728 24th Street Frank and Melita Martinez Greeley, Colorado 80631 1752 30t Street #1 3 k w oY Greelw`y, 0b4orado 80631 ..,c:.Qc , Donald and Ethel Miller 7 5722 24th Street International Church of the Foursquare Greeley, Colorado 80631 Gospel 5316 24th Street Barry and Vicki Williams Greeley, Colorado 80631 5710 West 24th St. Greeley, Colorado 80631 Donald and Gerladine Ficenscher 5314 24th Street Barry Williams Greeley, Colorado 80631 c/o Empire Savings P.O. Box 1122 Burl and Elsie Huitt Greeley, Colorado 80631 5312 West 24th Street Greeley, Colorado 80631 Harry and Helen Cross 2300 51st Avenue Nancy Hartley Greeley, Colorado 80631 5232 24th Street Greeley, Colorado 80631 William and Susan Hurt 5630 West 24th Street Frank and Darlene Keppeler Greeley, Colorado 80631 5224 24th Street Greeley, Colorado 80631 Mailing List - Highland Park West - Final Plat S-196:80:17 Page 2 Erna Eberle JER 2318 54th Avenue 26th Si eet nd Greeley Bypass P° 9a Greeley, Colorado 80631 Greeley, Color_do 80631 Paul and Marjorie Huber James and Jacquelyn Calhoon 2322 54th Avenue 5719 West 24th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Melvin and Katherine Prothe Nicholas and Vanice Francis 2326 54th Avenue 2646 Meadowbrook Lane Greeley, Colorado 80631 Greeley, Colorado 80631 Neil and Mildred Maxwell Jerry and Moneth Piper 5317 West 24th Street 2320 58th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 Samuel and Myrtle Telep City of Greeley 2315 54th Avenue City Complex Greeley, Colorado 80631 Greeley, Colorado 80631 Hjorais Wolfe James and Joan Beemer 2321 54th Avenue 2401 52nd Avenue Court Greeley, Colorado 80631 Greeley, Colorado 80631 Jerry and Patricia Pope Timothy and Diane Cole 2325 54th Avenue 2403 52nd Avenue Court Greeley, Colorado 80631 Greeley, Colorado 80631 Floyd and Opal Cummings Highland Park 5515 West 24th Street 2249 13th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Emanuel and Emanuel Jr. and Farncis and Sayra Compestine Eleanor Gangaware 2110 23rd Street 1948 29th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 Richard and Mary Lantz Robert and Jackie Sigg c/o Northern Colorado Savings 2205 27th Avenue P.O. Box N Greeley, Colorado 80631 Greeley, Colorado 80631 Jerry and Linda Morgensen Glenn and Willma Palmer 5629 West 24th Street 2410 52nd Avenue Court Greeley, Colorado 80631 Greeley, Colorado 80631 Kenneth and Rosilind Olds Fred and Gloria Keil 5635 West 24th Street 2416 52nd Avenue Court Greeley, Colorado 80631 Greeley, Colorado 80631 Hollis and Kathryn Stone Roger and Lynette Schump 2518 16th Avenue 2420 52nd Avenue Court Greeley, Colorado Greeley, Colorado 80631 Mailing List - Highland Park West - Final Plat S-196:80:17 Page 3 William and Lucy Hopkins James and Priscilla Dech 2424 52nd Avenue Court 6012 West 26th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Dennis and Tara Frank David and Levla Gibson 2428 52nd Avenue Court 3004 Lest .16th Street Qya9 Greeley, Colorado 80631 Greele Colcrado 80631 Dan and Ruth Weitzel Timothy and Beverly Dhooge 2500 52nd Avenue Court 5951 26th Street Greeley, Colorado 80631 Greeley, Colorado 80631 LeRoy and Janice Leavitt William and Nancy Waller 5207 25th Street Road 5991 West 26th St. Greeley, Colorado 80631 Greeley, Colorado 80631 Dale and Linda Vasenius Neil and Claudia Keddington 5203 25th Street Road 6048 23rd Street Court Greeley, Colorado 80631 Greeley, Colorado 80631 Ray and Margaret Speaker Richard and Carle Cutshall 5217 West 26th Street 5948 23rd Street Court Greeley, Colorado 80631 Greeley, Colorado 80631 Jerry and Barbara :Jones Jeffery and Susan Hancock L — 5201 26th Street 1401 38th Avenue f ` Greeley, Colorado 80631 Greeley, Colorado 80631 nu 4 A °iAA" Richard and Darlene Jones William and Cherly Brewster 1746 Juniper Avenue 6017 West 24th Street Torrance, California 90503 Greeley, Colorado 80631 Conrad and Edna Smith L. D. and Joan Gergens 5937 West 28th Street 6077 24th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Barry LaPoint and Karen Klein Robert and Carole Hummel 5927 West 28th Street 5910 24th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Albert and June Renfro Robert and Laura Belleau 5917 West 28th Street Box 1148 Greeley, Colorado 80631 Estes Park, Colorado 80517 Bryan and Claudia Shaha Harold and Nicole Potter 5907 West 28th Street 5940 24th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Thomas and Lorenza Sena Richard and Nancy Mollander s do yLI J 5960 26th Street 2503 West 18tti Street Road Greeley, Colorado 80631 GreelColordp 80631 w ' • ' Mailing List - Highland Park West - Final Plat S-196:80:17 Page 4 Josephine Jones 2631 52nd Ave Court Greeley, Colorado 80631 Howard and Nancy Grothjan 5216 24th Street Greeley, Colorado 80631 JAR 2628 Belair Lane Greeley, Cc1oradc 806__ Webster Resources F.C. Box 1850 Greeley, Colorado 80621 11 ebhan / CORP. CONSTRUCTION —LAND DEVELOPMENT November 5, 1980 Mr. Tom Hahn Weld County Department of Planning Greeley, Colorado 80631 Dear Tom: RE: Final Plat Approval Highland Park West In compliance with the County Commissioners approval, November 5, 1980, of the final plat for Highland Park West and prior to recording of same, Highland Park West Investment does hereby acknowledge condi— tional Item #3 as set forth by the Department of Planning and agrees and authorizes Weld County Building and Inspection to collect park fees not to exceed the amount of City of Greeley fees prior to issuance of building permits in Highland Park West. Upon annexation to the City of Greeley, it is further agreed coll- ections of park fees by Weld County will terminate and Weld County will consider Item #3 of conditions as set forth in Section 8-15 and 8-I5B as complete and in full compliance. Sincerely, HI PARK WENVES NT ichard D. Weber anager RDW/syh NOV 1980 c �gg0 (icz-H RECEIVED w ";01 N ww 3835 W. 10th St. • (303)353-1150 • Greeley, CO 80631 • The Greeley and Loveland Irrigation Co. , 808 TWENTY-THIRD AVE. PHONE 352-0495 EDWARD M. BORESEN. PRES.. GREELEY, COLD. RONALD F. BRINKMAN. Sat, GREELEY, COLO. EDWARD D. SIMPSON. SUPT.. LOVELANCI, COLD. GREELEY. COLORADO 80631 October 24, 1980 • Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Sirs; The Greeley and Loveland Irrigation Company has been meeting and negotiating with Weber Realty about the main canal of the Company through the proposed Highland Park West development. Mr. Weber and the Greeley and Loveland Irrigation Company have had al discussions about the redesigning of the present ditch by tiling and/or concrete lining or the replacing of the present ditch with a new syphon tube on the property line of the development. The two parties have agreed in principal and hope to finalize the details of their agreement as soon as assembling of contractor's estimated costs and engineer's findings can be completed and these costs and findings thoroughly studied. A copy of the executed agreement, when completed, will be submitted to the Weld County Department of Planning Services for inclusion in the Highland Park West file. Sincerely, GREELEY & LOVELAND, IRRIGATION CO. By f U.ut ce.u-.L) it ox4i��'u'.rcnca Press nt (U-t fa+- EB/rb I, z� a -940 cc: Dick Weber /,1`L O, Weld County Dept. of Planning Services f"p 0Cj1�0 R QED C\ i t � . isoli of yp 4 .. diptib I 1 ft•,ill X An --'- -. 'i . .„7..=. ' �:, _cam '\ .0;14,b.i �. d.f �'t'' ` x ' f,‘ 4.4 GREELEY CIVIC CENTER GREELEY COLORADO 80631 PHONE 363. 353-6123 October 27, 1980 Mr. Richard Weber Webhan Construction 3835 West 10th Street Greeley, CO 80631 RE: Highland Park West Subdivision Dear Dick : As I have indicated before, the City of Greeley is initiating another annexation of this area to be completed around March or April . We have reviewed the subdivision plat referred to us by Weld County and have found that there was no need for additional green belt in that area. This decision was based upon the fact that the Highland Hills Golf Course is in the immediate area. However, after your property is annexed into the City, we would collect park fees which would collectively provide us with funds to purchase parks within the immediate vicinity as the need dictates. At this time, we do not feel that your subdivision along with the Westridge developments, because of low density, would justify a park in the area. If you have any questions regarding this matter, please feel free to contact me. Sincerely, 21—c/2-1r r Sam Sasaki CommunityDevelopment n' I�- rarb� Director �,-.,� C SS: v 1p `c' i?E: T 1980 . 1m It 1►EF w1 1`� q'e �6ee O a \� 'Dig k nl' LI)i \ln "*a 3 "A COMMUNITY OF PROGRESS" ��/f�?I1I0>t- : S ;:' hlR:h:a coersraPts --------___ Ar4 nicAPPLAnittgrai I. V 41 Alt F t• ' ' '. �tii,'. ✓ ;ate )ii�q� • 1-44. r GREELEY CIVIC CENTER ..RFILLY COLORADO 80631 PHONE x.303. 353.6121 October 27, 1980 Mr. Richard Weber Webhan Construction 3835 West 10th Street Greeley, CO 80631 Dear Dick: The City of Greeley has reviewed your final plat known as Highland Park West . This parcel presently lies outside of the corporate limits of the City. We have reviewed the responsibilities of maintenance and ownership of the dentention facility that you have incorporated into the final plat . The Public Works Department has indicated that if this parcel was in the City of Greeley , they would accept the deeding of the detention facility to the City along with the maintenance, provided that the dentention facility is, in fact , constructed and meets the specifications of the drainage plan as reviewed. As you know, the City of Greeley is anxious to bring those areas west of the City into its corporate limits . We have attempted this once before with an annexation known as the Westward Annexation. That annexation was subsequently dropped by the City Council because of a petition for an annexation election . We, however, are pro- ceeding with a second annexation of the area at the direction of the Council which should be completed around March or April , 1981 . *vie, "at:, e„.4411'sink, "A COMMUNITY OF PROGRESS" - Mr . Dick Weber Page 2 October 27, 1980 Highland Park West is an area that we hope to include in this annexation. This will mean that the development of the subdivision will take place within the City limits . We will then follow all normal procedures such as the acceptance of the drainage facility after being completed. If you have any further questions regarding this issue, please feel free to contact me. Sincerely, 47 'tam Sasaki Community Development Director SS :vlp David L Howell The First blatjonal Bank of Greeley Real Estate Officer '~ Post Offic _A1058 Greeley. Coiorado 80632 Telephone 303 352-1651 Frst of Greeley October 20, 1980 T0: WELD COUNTY PLANNING BOARD FROM: DAVID L. HOWELL, REAL ESTATE OFFICER RE: HIGHLAND PARK WEST INVESTMENT, JOINT VENTURE 10 WHOM IT MAY CONCERN: The First National Bank of Greeley has given conditional approval of a land development loan for Highland Park West Investment, Joint Venture in the amount of $1,350,000.00. In our opinion this should be a sufficient amount to develop the entire subdivision as platted and consisting of 164 lots. For more information please contact myself or Chuck Mann. C N.r Carpenter, A Professional Corporation President R.ao ft .0 Ne SalterSalter ��'X I E .& er Engineers Architects Planners Gordon W&acres _Penick C.Dwyer RRobertt J Shrew Dab J.Satchel 2021 Clublouse Drive Robed a Thomas Post Office boa 2021 Gary R.Wkieo4e Greeley.Colorado 80631 303 330 2749 October 24, 1980 Mr. Charles Cunliffe Assistant Zoning Administrator Weld County Planning Department Post Office Box 758 Greeley, Colorado 80631 Dear Mr. Cunliffe: SUBJECT: HIGHLAND PARK WEST SUBDIVISION ARIX PROJECT NO. 79130.01 Submitted is an addendum to Exhibit "A" of the subdivision agreement between Highland Park Investment and Weld County on the captioned subdivision. As per your Engineering Department's request, we have included the storm sewer tie-in to Highland Hill 's 52nd Avenue Court on our plans. In addition, we have estimated the cost of the construction and engineering to be included in the improvements costs on Exhibit "A". Attached please find a copy of the estimated cost. If there are any questions, please call . Respectfully, ARIX, A Professional Corporation r���ch Arthur F. Uhrich Project Director pw Enclosure: Estimate of Cost '��_1230� 12� cc: Dick Weber AP c‘jOG(� O J N G p��ln�!!9 5ttil£\l���o ESTIMATE OF COST Project Highland Park West Date October 24— 1930 Project No. 79130.01 Estimate by A. Uhrich Checked By Price Quotes For storm sewer backup to 52nd Avenue Court, Highland Hills ; Item Description Quantity Unit Unit Cost Total Cost 1 . 10" R.C.P. 451 L.F. 14_50 $ 6.519.50 2. Std. N.H. 5' depth 2 , Ea. 325.00 650.00 3. Break in existing C.B. 1 L.S. 50.00 50.00 4. Pavement repair 245 L.F. 5.00 1 ,225.00 5. Adjust N.H. to pavement 2 L.S. 80.00 160.00 8,624.50 Engineering and contingencies 25% 2.156.13 Total estimated cost $10,780.63 EXHIBIT "A" Name of Subdivision: Highland Park West _ Filing: • Location: SW 1/4, Section 15, Township 5 Worth. Range 66 West Intending to be legally bound , the undersigned Subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) Improvements Unit Cost Estimated Construction Cost Street grading .-52,tcy $ 7A ono Street base & Paving $51$1 342.000 Street paving Curbs , gutters , and culverts Sidewalks S9/LF 307)300 S i-deaal! Storm Sewer facilities 11_624 Retention ponds - •J4y 15,822 Ditch improvements Sub-surface drainage 500/Low 82,000 Sanitary sewere a Manholes 56 X00 Trunk and forced lines 15/lF 9.750 ains $15L4F 15 x504 Laterals (house conn) U00/Lot 49,200 On-site -Sewage facilities _ WLA On-site Water supply and storage N/A Water mains $15/LF 240,000 Firehydrants $1_, 00/Ea_ 40.500 Survey & street monuments &—boxes Street lighting $2,700/Unit 86.940 Street name signs Fencing requirements Landscaping _- ---" Park improvements N/A SUB TOTAL $1 .494.136.00 Engineering and Supervision Costs $_65714 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 1 .559.850.00 The above improvements shall be constructed in accordance with all County requirements and specifications , and conformance with this provision shall be 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" . t re o b i t er (If corporation, to be signed by Presid . it and attested to by Secretary, together with corporate seal . ) / Date: O"(t�€ 1,24,._ - , 1916 • • PROTECTIVE COVENANTS APPLICABLE TO THE LAND HEREINAFTER DESCRIBED PREAMBLE KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, HIGHLAND PARK WEST INVESTMENT, DOES HEREBY CERTIFY AND DECLARE THAT ALL OF THE LANDS EMBRACED IN HIGHLAND PARK WEST, A SUBDIVISION LOCATED IN THE COUNTY OF WELD AND STATE OF COLORADO AND DESCRIBED AS FOLLOWS, TO WIT: LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER (SW COR) OF SAID SOUTHWEST QUARTER (SW4) OF SECTION 15 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST QUARTER (SW4) SEC- TION 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 (NW COR) OF SAID SOUTHWEST QUARTER (SW*) OF SECTION 15: THENCE NORTH 89 37' 14" EAST, 2617.65 FEET TO THE NORTHEAST CORNER (NE COR) OF $AID SOUTHWEST QUARTER (SW4) OF SECTION 15: THENCE SOUTH 0 15' 56" EAST, 1519.67 FEET ALONG THE EAST LINE OF SAID SOUTH- WEST QUARTER (SW4) 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 SOUTHWEST QUARTER (SW4) OF SECTION 15: THENCE SOUTH 0 15' 56" EAST, 94.00 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW4) OF SECTION 15 TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 BYPASS: 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. SHALL BE SUBJECT TO THE RESTRICTIONS, COVENANTS AND CONDITIONS HEREINAFTER . • �. EXPRESSED AND THAT BY THE ACCEPTANCE OF ANY CONVEYANCE THE GRANTEE OR GRANTEES HEREIN, THEIR AND EACH OF THE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AS TO ANY AND ALL SUCH PROPERTY, WILL AND DO AGREE THERETO. PART A. RESIDENTIAL AREA COVENANTS A-1 . LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. Limited to one detached single-family dwelling not to exceed two stories in height and a private garage or carport for not more than three cars. A-2. ARCHITECTURAL CONTROL. No buildings shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. Approval by said committee shall be tendered applicant on or before thirty (30) days after submission of the completed information specified above. A-3. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $40,000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1500 square feet for a one story dwelling, nor less than 800 square feet for the first floor of a dwelling consisting of two floors, nor 800 square feet for the first floor of a story and a half dwelling. Except Outlot "A", to be utilized as an approved high density Planned Unit Development. A-4. MOVE AND SET. All structures within the subdivision shall be new con- struction and no previously erected building, structure or improvement shall be moved and set upon any lot from any other location. A-5. BUILDING LOCATIONS. No residential dwelling shall be located on any part of the above described real property nearer than 25 feet to the street which it faces or nearer than 15 feet to any side street. No residential dwelling shall be located nearer than 10 feet to any side line or nearer than 20 feet to the rear line of the ground area provided for such dwelling, or nearer than 20 feet to the edge of Colorado Interstate Gas Company and Western Slope Gas Company's pipe- line easements. Colorado Interstate Gas Company right-of-way agreements which are of record, having been made of record July 11, 1955 at Book 1424, Page 65 and January 31, 1978 at Book 821, Reception Number 1743085 of the Office of the Clerk and Recorder, Weld County, Colorado. For the purpose set forth in this paragraph, eaves, steps and open porches shall not be considered as part of the residential dwelling; provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot; and, further provided that on corner lots where the frontage has been reversed, no dwelling shall be erected closer than 25 feet to the front property line and no dwelling shall be closer than 20 feet to the rear property line and no dwelling of any type shall be closer than 20 feet to the Colorado Interstate Gas Company and Western Slope Gas Company pipeline easements previously refer- red to herein. A-6. LOT AREA. No dwelling shall be erected or placed on any lot having an area of less than 20,000 square feet. A-7. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat including the Colorado Interstate Gas Company and Western Slope Gas Company pipeline ease- ments (Right-of-Way Agreements) previously referred to in Paragraph A-5. Within these easements no structure, temporary or permanent, planting of any type, other than grass, or other materials shall be placed in or upon, temporarily or permanently, the easement or right-of-way, including but not limited to the planting of trees and shrubs, the installation of fences, storage buildings, sidewalks, asphalt or concrete structures or underground sprinkler systems or any other activity or structure including Colorado Interstate Gas Company and Western Slope Gas Company's pipeline easements (Right-of-Way Agreements) grant- ing it the exclusive right to use the right-of-way granted thereby nor alter the contour, elevation or grade of the subject property or in any way change the direction of the flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the ease- ments. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Property owner to maintain easement, as owner of same, as per recorded plat. Exhibit A attached hereto and made a part hereof shows the location of Colorado Interstate Gas Company and Western Slope Gas Company's pipeline easements (Right-of-Way Agreements) as located in the Highland Park West Subdivison. This Exhibit shall be recorded herewith. A-8. NUISANCES. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to the neighborhood. A-9. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. A-10. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. • • A-11 . SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the constru- ction and sales period. A-12. ON SITE STORAGE. No materials, machines, equipment of any type whether or not involved with the business of any lot owner, and excepting herefrom those items used for the enjoyment and benefit of residential living on any lot, shall be open stored. No vehicles, boats, campers, trailers or other such contrap- tions or devices shall be stored or permitted to remain for more than five (5) continuous days on any lot except within enclosed garages or in completely enclosed, secured-from-vision area, in the rear yard of the residence structure situated thereon. A-13. PETS, LIVESTOCK AND POULTRY. No animals, livestock, poultry of any kind, dogs, cats or other household pets shall be raised, bred or kept on any lot for any commercial purpose. Any animals, as described above, kept on any lot shall be the property of the owner or legal resident of that lot, and such owner or legal resident shall bear total responsibility for such animals. A-14. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material, shall be kept in a clean and sanitary condition. Each lot owner shall be required to take all reasonable actions to control and limit the growth and/or existence of weeds, vermin or rodents. A-15. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten ( 10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at suff- cient height to prevent obstruction of such sight lines. A-16. RADIO AND TV ANTENNAS. Radio and TV aerials and antennas shall not exceed eight feet higher than the ridge of any structure and shall be attached to said structure. A-17. WATER. No individual water supply system shall be permitted on any site and all dwellings must attach to such facilities as may be provided by such water district as may serve the area. A-18. TARIFFS. All lots and tracts of Highland Park West are subject to and bound by Home Light and Power Company and/or Rural Electric Association tariffs which are now and may in the future be filed with the Public Utilities Commi- ssion of the State of Colorado relating to street lighting in this subdivision, together with rates, rules and regulations therein provided and subject to all future amendments and charges thereto. The owner or owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to Home Light and Power and/or Rural Electric Association rates, regulations and ruled, including future amendments and changes on file with the Public Utili- ties Commission of the State of Colorado. PART B. ARCHITECTURAL CONTROL COMMITTEE B-1 . CONTROL. There is hereby established an Architectural Control Committee consisting of three members and the following persons are hereby named and designated as members of the first such committee: RICHARD D. WEBER and PATRICK M. LEHAN and DANIEL L. SHAFFER. A majority of such committee can designate a representative to act for it and in the event of death or resigna- tion of any member the remaining members shall have full authority to appoint a successor. At any time, the then record owner of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties. No member of such committee shall be entitled to any compensation for services performed pursuant to this covenant. The Architectural Control Committee may amend these restrictions upon obtaining approval, in writing, of a majority of the lot owners. Control Committee address: 3835 West 10 Street, Greeley, Colorado 80631 . B-2. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committe, or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. B-3. ENFORCEMENT. If any person shall violate or attempt to violate any of the provisions of these protective restrictions and covenants and any other person or persons owning real property in the said tract, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the provisions hereof either to prevent him or them from so doing and/or to recover damage sustained by reason of such violation. PART C. GENERAL PROVISIONS. C-1 . APPLICATION. Highland Park West Investment, its successors and assigns and for any person, persons or corporation to whom the rights of the Grantor herein shall be specifically transferred, does hereby establish these protective restrictions and covenants which shall attach to and pass with the real prop- erty of Highland Park West, in Weld County, State of Colorado, according to the recorded plat, or plats, thereof, and shall bind all persons who may at any time hereafter own or claim any right, title or interest in and to said real property whether acquired through voluntary act or by operation of law. C-2. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part, in accor- dance with the terms hereinafter set forth. C-3. SUBDIVISION. No lot may be subdivided or resubdivided with the excep- tions of Outlot "A" as an approved high density Planned Unit Development. C-4. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other provisions which shall remain in full force and effect. C-5. ENFORCEABILITY BY COLORADO INTERSTATE GAS COMPANY AND WESTERN SLOPE GAS COMPANY. It is specifically agreed and intended that these covenants run with the land and are for the benefit of Colorado Interstate Gas Company and Western Slope Gas Company insofar as these covenants affect Colorado Interstate Gas Company and Western Slope Gas Company's pipeline easements (Right of Way Agree- ments) of record as referred to in Paragraph A-5 hereof. Colorado Interstate Gas Company and Western Slope Gas Company shall have the right to enforce these covenants and to be heard before any appropriate administrative board, comm- ission or officer or appropriate court of law with jurisdiction over the matter. C-6. AMENDING COVENANTS. It is intended that these covenants shall operate for the benefit of the majority of the lot owners in the covenanted area; there- fore, it is expressly provided that at any time at least fifty-one (51) per cent majority of the fee owners, owning land under these covenants, shall desire it, these covenants may be amended, added to or deletions made. How- ever, any change which affects, directly or indirectly, the Colorado Interstate Gas Company and Western Slope Gas.Company's pipeline easements (Right of Way Agreements) shall require unanimous vote and Colorado Interstate Gas Company and Western Slope Gas Company's written agreement, thereto prior to any such change and vote thereon. A fifty-one (51 ) per cent majority shall be deemed as follows: A) After covenant area is fully platted of record: Regardless of respective lot sizes, each lot owner, or owners in the event of joint tenancy or tenants in common, will be deemed to have one vote as regards amending, adding to or deleting from these covenants. IN WITNESS WHEREOF, HIGHLAND PARK WEST INVESTMENT has caused this instrument to be executed this day of , 19 ATTEST HIGHLAND PARK WEST INVESTMENTS By: Richard D. Weber ATTEST Assistant Secretary COLORADO INTERSTATE GAS COMPANY By: R. Frank Williams Senior Vice President ATTEST WESTERN SLOPE GAS COMPANY By: 1^. II:SCColorado Interstate Gas Company P.O.BOX 108).COLORADO SPRINGS,COLORADO 809dd.(303)473-2300 1�S, ,it. "'\`\ D 4se" 's ' ti Of" .'. %S July 11, 1980 Board of County Commissioners -( Weld County , - 915 Tenth Street Greeley, Colorado 80631 Re: Highland Park West Ault-Watkins Loop-66 Gentlemen: On June 25, 1980 you passed the preliminary plat of the Highland Park West Subdivision subject to mutual acceptance of covenants for said Subdivision by Weber Realty and Colorado Interstate Gas Company. Certain of these covenants are to protect our company's exclusive ease- ment through Highland Park West. These covenants are currently being negotiated by Weber Realty and ourselves. However, due to the potential safety hazard should someone build any structures over the high pressure gas lines contained in our ease- ment, we request that the County require that our easement boundaries be designated as building restriction lines from which setbacks can be enforced. A structure on our easement could provide a means for leaking gas to migrate and collect-greatly increasing the risk of an explosion. Enforcement of our easement boundaries as building restriction lines, along with the aforementioned covenants, should effectively prohibit the installation of any structures on our easement. We also request that this requirement for building restriction lines be included as a con- dition for approval of the Final Plat. Your assistance and cooperation in this matter are greatly appreciated. Yours very truly,K?Ire,4,J. N. McDowell Assistant Manager, Land FCR:rn xc: Chuck Cunliffe Weld County Planning Department 915 Tenth Street Greeley, Colorado 80631 D. E. Williams CIG-Legal Department / _1')(iI " > A n r. OFFICE OF BC/ RD OF COON- " C0`:1MISSIONERS • PHONE �3G2 366-1600 EXT.200 P.O.BOX 758 r...„}' ' ,� GREELEV,COLORADO 80631 COLORADO July 16, 1980 J. N. McDowell Colorado Interstate Gas Company P. 0. Box 1087 Colorado Springs, Colorado 80944 Dear Mr. McDowell: Please be advised that the Board of County Commissioners is in receipt of your letter dated July 11, 1980 regarding Highland Park West, Ault-Watkins Loop-66. Your letter will be placed on file and considered when the request for approval of the Final Plat comes before the Board. Thank you for your comments and interest in this matter. • Sincerely, BOARD OF WELD COUNTY COMMISSIONERS C. W. Kirby Chairman rjk cc: Weld County Planning Department , Clerk to the Board EXHIBIT "8" Septembex 22, 1980 MA. Chwclea Can-& e A4edstant Zoning Adm.%n.i4thato. Weld County DepaAtment 06 Planning Sexvicee 915 Tenth St&eet GAee-ey, ColoAado 80631 Decuc Chuck: Attached dz a plat map o6 Highland Pcvclz Weet, ehow.ing owc FL'c4t Phase o6 development 6oA gxad.ing, wate'c, eewel, poweA, ewcb, gwttex and 4ticeet6. We wilt be 4twcti.ng on the development 06 Phase One just a5 Aoon as we have 6inal plat appAoval. Completion 4hould take about eight months, weathers penmvttLng. We do not have plank 6oA the conatAuctLon o6 homee -in thdz develop- ment, only the 4ale o6 tots. NatwcaC-y, conhthuction contkactz 6oA ghadtng and ut ttt-ieb will aloo veiy much conticol out time zchedule. The total development wilt phobably be -in 6owc phaseh depending on the demand Lox logs. Thank you Lox yowc excellent coopeaatLon. S-cnceAely, HIGHLAND PARK WEST I VESTM "chaad D. WebeA nageA RDW/ayh 223iazsls� Enc.-go/suite f 0�12 ���� SEP 1980 �, RECEIVED s: „ 'NW Gsuxia (H 4.4 File contains oversized map Please see original file Hello