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Home My WebLink About800879.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND LAKE ARROW- HEAD, INC. CONCERNING ROAD IMPROVEMENTS IN ARROWHEAD SUB- DIVISION AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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, an Agreement between Lake Arrowhead, Inc . and Weld County has been presented to the Board of County Commis- sioners of Weld County, Colorado, and WHEREAS, the purpose of said Agreement is to set forth the improvements which must be made to the roads in Arrowhead Subdivision, 1st through 4th Filings, located in the North Half of Section 27, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board of County Commissioners has studied said agreement and deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Agreement between Weld County and Lake Arrowhead, Inc. concerning road improvements in Arrowhead Subdivision be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chairman of the Board is hereby authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: 7tjw,,- : r WELD COUNTY, COLORADO Weld County Clerkand Recorder py i �t1 /1/ ,aad�Clerk to the/B rd C.W. 'Kii'b , hairman By: ,_ I _( -_ a� e Rat / tu Deputy Cou ty Clerk eonard L. Roe, Pro-Tem ROyED AS TO FORM: 641-A ' � - Norman Carlson z�.. . o County Attorney Ly ' Dunbar Ju e K. Stea.rYmark 800879 DATE PRESENTED: JULY 9 , 1980 AGREEMENT THIS AGREEMENT made and entered into this 9th day of July, 1980, in consideration of the mutual covenants contained herein, by and between LAKE ARROWHEAD, INC. , hereinafter referred to as "Developer, " and the WELD COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "Board. " WITNESSETH: 1. Purpose. The purpose of this Agreement is to set forth the improvements which must be made to the roads in Arrowhead Subdivision' s 1st through 4th filings, all of which are located in the North Half of Section 27 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, so that said roads may be accepted by the Board for maintenance. 2. Duties of the Developer. The Developer agrees to make the following improvements to the roads in Arrowhead Subdivision: a. The Developer agrees to upgrade the following roads in Arrowhead Subdivision to comply with Weld County specifications for gravel type roads . Specifications for gravel type roads are set forth in the attached memorandum from Drew Scheltinga, Engineering Manager, dated May 28, 1980 which is marked as Exhibit "A" attached hereto and incorporated herein by reference. The roads in Arrowhead Subdivision that shall be upgraded pursuant to this paragraph are as follows: (1) Pawnee Drive. (2) All of Kiowa Drive as it extends from Pawnee Drive southerly to its terminus at Lot 1 in Block 2 , Third Filing, but not including Kiowa Drive as it extends from Weld County Road 54 easterly on the South side of Lots 1 and 2 in Block 10 and Lots 1 and 2 in Block 9 , Fourth Filing, Arrowhead Subdivision. (3) Cheyenne Drive. (4) Arrowhead Drive from Weld County Road 54 southerly and then easterly to its intersec- tion with the southerly end of Cheyenne Drive. (5) Ute Drive between Cheyenne Drive and Kiowa Drive. (6) Ute Lane. (7) Ute Circle. (8) That portion of Pawnee Circle serving Lots 1 and 2 in Block 11, Fourth Filing, Arrowhead Subdivision. b. The Developer agrees that as a part of the upgrading of Cheyenne Drive as set forth herein, the Developer will arrange for the lowering of the high pressure gas pipeline of Western Slope Gas Company, which underlies a portion of Cheyenne Drive, to a depth of at least 36 inches. c. The Developer agrees that it will bear all finan- cial expense in accomplishing the above described improvements and will complete all of the improve- ments set forth in this Agreement on or before November 1, 1980 . 3. Duties of the Board. In consideration of the agree- ments and improvements to be made by the Developer, the Board agrees that upon completion of the improve- ments set forth above and certification by the Weld County Engineer that said improvements meet County standards, the Board will accept the above roads for maintenance. If, through no fault of the Developer, the gas pipeline referred to in paragraph 2 .b. above -2- is not lowered on or before November 1 , 1980 so as to bring said road into compliance with Weld County stan- dards, said deficiency shall not affect the acceptance by the Board of the unaffected portions of the roads covered by this agreement, provided, however that the Developer shall continue to exercise due diligence in attempting to accomplish said lowering after acceptance of the unaffected roads. 4 . Future Paving of Roads. Notwithstanding any inference in this Agreement to the contrary, the Developer is not relieved by this Agreement from the duty to pave the roads contained in the Arrowhead Subdivision, Fourth Filing, with the exception of Cheyenne Drive, at such time as fifty percent (50%) of the lots in the Fourth Filing have been sold. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: C. W. Kirby/ Chairman LAKE ARROWHEAD, INC. B V. Presidgnt I L -3- (._ C-•. KAROWSKY. WITWER & OLDENBURG CHARLES A. KAROWSKY SUITE 550,GREELEY NATIONAL PLAZA STOW L.WITWER.JR. NINTH AVENUE AND EIGHTH STREET R.SAM OLDENBURG GREELEY,COLORADO 60631 AREA CODE 303 BETSY B.KAROWSKY 35a-3161 LYNN J.KAROWSKY June 23, 1980 ° ECEAtJE Robert Lowenbach, Esq. JUN 2 61980 Office of the Weld County Attorney P.O. Box 1426 WELD Greeley, CO 80632 ATTORNEY'SO OFFICE RE: Roads in Arrowhead Subdivision Dear Bob: • Confirming our recent conversations concerning the road problem in Arrowhead Subdivision, in behalf of the developers, I wish to make the following commitments, which if acceptable to you and the County Commissioners of Weld County, will be reduced to a formal agreement. 1 . The developers will arrange for upgrading the roads in Arrow- head Subdivision to comply with Weld County specifications for gravel-type roads. It is contemplated that either Best Way Pav- ing Company or Flatiron Paving Company will be employed to perform the work, and although every attempt will be made to accomplish the same during the summer of 1980 , contingent upon availability of either of the above described companies, the necessary road improvements will be accomplished before the commencement of the bad weather season this fall. The roads that are to meet County specifications, as described above, are Pawnee Drive, Kiowa Drive as it extends from Arrow- head Drive northerly to its intersection with Pawnee Drive, but does not contemplate that portion of Kiowa Drive that commences at the County road on the northwest side of Arrowhead Subdivision and extends easterly on the south side of Lots 1 & 2 in Block 10 and Lots 1 & 2 in Block 9, Fourth Filing. (The eastern terminal of this portion of Kiowa Drive is a cul-de-sac. ) Per previous agreement, this portion of Kiowa Drive will be completed as either a standard County graveled road or a hard surfaced road, as the County Commissioners may then require, when at least 50% of the lots in Fourth Filing have been sold. Cheyenne Drive, Arrowhead Drive from the County road on the north side of Arrowhead Subdivision southerly and then easterly to its Mr. Lowenbach June 23 , 1980 Page 2 intersection with the southerly end of Cheyenne Drive are also to conform. 2 . It is our understanding that the owners of Lots 5 & 6 in Block 12, Fourth Filing, and which are located on Ute Circle and Ute Lane, cul-de-sacs respectively, have had considerable difficulty in the past in obtaining reasonable ingress and egress to their homes because of the bad road conditions during inclement weather. Both of these cul-de-sacs will be graveled in a manner that will permit reasonable ingress and egress as will that portion of Pawnee Circle that serves Lots 1 & 2 in Block 11, Fourth Filing. 3 . The undersigned reconfirm that Ute Lane, Pawnee Circle and Ute Circle will be paved by the developers, if required by the Weld County Commissioners at such time as 50% of the lots in Fourth Filing have been sold. 4 . It is agreed that Lake Arrowhead, Inc. will bear all financial expense to accomplish the above described improvements. 5 . All of the foregoing commitments are subject to the condition that the Weld County Commissioners adopt an appropriate resolution agreeing that when the above described work has been accomplished, the dedication of all of the above described roads and those por- tions of cul-de-sacs which meet County graveled roads specifications will be accepted, and the County will thereafter assume maintenance ' of the same, subject to the condition pertaining to paving of cul- de-sacs and subject to improvement to County roads specifications, presently in effect, of all portions of cul-de-sacs which are not presently contemplated to be improved. It is my assumption that if the foregoing states in substance what the undersigned perceives to be our mutual understanding, I anticipate you will prepare the formal document described above and Lake Arrowhead will arrange for bids on the contemplated work ' as soon as the document has been signed and the Commissioners have adopted the described resolution. I appreciate your cooperation and courtesy in this matter. Very truly yours, • KARO Y, ITWER & DENBURG arles Karowsky lab Yew- ek.cce2 KAROWSKY, WITWER & OLDENBURG CHARLES A.KAROWSKY SUITE 550.GREELEY NATIONAL PLAZA STOW L.WITWER.JR. NINTH AVENUE AND EIGHTH STREET R SAM OLDENBURG ( GREELEY,COLORADO 60631 BETSY B KAROWSKY • l�y GT J \ e__ AREA CODE 303 � I 353.3161 LYNN J. KAROWSKY � 1 • gri June 11, 1980 '" JUN 1 3 19,- U,.U, :,rELD CO o FF CE ATTORNEY'S Robert Lowenbach, Esq. Office of the Weld County Attorney P.O. Box 1426 Greeley, CO 80632 Dear Bob: I simply wanted to make certain that it was your con- templation to prepare the agreement between Lake Arrowhead and Weld County pertaining to the improvement and maintenance of the roads . Since I have heard nothing from you, I was concerned that perhaps I was obliged to handle the matter., Very truly yours, KAROWSKY, WITWER & OLDENBURG Charles A. Karowsky ' lab File contains oversized map Please see original file Hello