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RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN RAYMOND F . LARSON AND WELD
COUNTY, COLORADO 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 Raymond F. Larson and Weld
County, Colorado has been presented to the Board of County Com-
missioners of Weld County, Colorado, and
WHEREAS, said agreement concerns improvements which must be
made to the roads in Johnson Subdivision and Johnson Subdivision,
First Addition, in order for said roads to be accepted for
maintenance by the Board of County Commissioners , and
WHEREAS, the Board has studied said agreement and deems it
advisable and in the best interests of Weld County to approve
the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the agreement between Ray-
mond F. Larson and Weld County, Colorado be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board be, and hereby is, authorized to sign the aforementioned
agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
March, A.D. , 1980.
"-2 - BOARD OF COUNTY COMMISSIONERS
ATTEST: yAy " .. fi `""'"-'' WELD COUNTY, COLORADO
d County Clerk and Recorder /; 1/ )?
and, Clerk to . L
the Bo7pd C. W. Kirby, chairman
r-
(ay:
'Deputy County Clerk// Leonard L. Roe, Pro-Tem
/-- APPOV AS TO FORM: �
J Norman Carlson
County Attorney
Ly Dun ar
J e K. Stei mark
800952
1lATP PPP PMTF.f, MARCH 19 _ 1 QR(1
N S
AGREEMENT
THIS AGREEMENT made and entered into this 19th day of
March, 1980, in consideration of the mutual covenants contained
herein, by and between RAYMOND F. LARSON, hereinafter referred
to as "Developer" , and the WELD COUNTY BOARD OF COUNTY COMMIS-
SIONERS, 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 Johnson Subdivision and Johnson Subdivision, First
Addition, both of which are located in Part of the
Northeast Quarter of Section 2 , Township 5 North,
Range 66 West of the 6th P.M. , County of Weld, State
of 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
Johnson Subdivision and Johnson Subdivision, First
Addition:
a. The Developer and Kathleen A. Larson are the
owners of Lot 14 in Johnson Subdivision, First
Addition and agree to grant to the Board a per-
petual easement over the West 10 feet of Lot 14
for the purpose of construction and maintenance
of a drainage ditch.
b. The Developer agrees to construct a drainage
ditch across the West 10 feet of Lot 14 and
along the South side of "B" Street from the
Northeast corner of Lot 16 to the East side
of 40th Avenue.
c. The Developer agrees to construct a concrete
drainage pan on the East side of 40th Avenue
•
at its intersection with 38th Avenue. Said
concrete pan shall be 8 feet in width and
shall extend the width of 38th Avenue.
d. The Developer agrees to re-align 38th Avenue
to its original platted boundaries.
e. The Developer agrees to regrade 38th Avenue so
as to provide a 6-inch crown in the middle of
said Avenue.
f. The Developer agrees to construct drainage ditches
at a depth of 6 inches (12 inches below the crown)
on both sides of 38th Avenue from its intersection
with West 4th Street to its intersection with
40th Avenue.
g. The Developer agrees to expend the sum of ONE
THOUSAND ONE HUNDRED DOLLARS ($1, 100. 00) for
the purchase and delivery of gravel for 38th
Avenue from its intersection with West 4th Street
to its intersection with 40th Avenue. Said
graveling operation shall be performed by a
private contractor of the Developer' s choice.
h. The Developer agrees to complete all of the
improvements set forth in this Agreement on
or before July 1, 1980.
3. Duties of the Board. In consideration of the agree-
ments of the Developer, the Board agrees to the
following:
a. The Board shall install a 24-inch squash culvert
under "B" Street adjacent to the West 10 feet of
Lot 14 on or before May 1 , 1980.
b. The Board agrees to stake out and set the eleva-
tions for the concrete drainage pan described
in Section 2. c. above.
-2-
•
c. The Board agrees to conduct a center-line pro-
file on 38th Avenue between 4th Street and 40th
Avenue so that the Developer may locate the proper
elevation on said Avenue.
d. The Board agrees that upon the completion of the
improvements set forth above, the County will
accept the roads in Johnson Subdivision and
Johnson Subdivision, First Addition for main-
tenance with the following exceptions :
(1) 38th Avenue West of its intersection with
40th Avenue.
(2) "B" Street West of its intersection with
40th Avenue.
(3) All of 40th Avenue Court.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: ll/ /; (.
C. W. Kirby, Cha4rman
ATTEST: ��,"' $ 44 > M D F. LARSON
IJ
Weld County Clerk and Recorder
and Clerk to the Board
Deputy County-Clerk )
-3-
13 O(% O9 o'clock _ MAR 2 0 1980
898 • Recorded at _..._.
Rec. No. 1820112 ` f.T4t w
a—/ tee.,
State of Colorado, Weld County Clark Cr Recorder
PERPETUAL EASEMENT
We, Raymond F. Larson and Kathleen A. Larson, residing at
120 North 40th Avenue, Greeley, Colorado, and being the developers
of Johnson Subdivision in the County of Weld, State of Colorado,
0
in consideration of the Agreement by the Board of County Commis-
sioners of the County of Weld, State of Colorado to install for
drainage purposes a culvert under "B" Street adjacent to Lot 14
of Johnson Subdivision First Addition, do hereby grant, bargain
and convey to the County of Weld, State of Colorado, a perpetual
easement and right-of-way for the purpose of establishing, con-
structing and maintaining a drainage ditch over and across lands
owned by us , situate in the County of Weld, State of Colorado,
said lands being more particularly described as follows :
Lot 14 , Johnson Subdivision, First
Addition, Part of the Northeast Quarter
Section 2 , Township 5 North, Range 66
West of the 6th P.M. , County of Weld
and State of Colorado.
The easement and right-of-way hereby conveyed is for the
sole purpose of locating, establishing, constructing and main-
taining over and across the abovedescribed land, said drainage
ditch, the route and course of which is described as follows :
The West 10 feet of Lot 14 , Johnson
Subdivision, First Addition, Part of
the Northeast Quarter, Section 2 ,
Township 5 North, Range 66 West of
the 6th P.M. , County of Weld and State
of Colorado.
We further agree that the initial construction of said
drainage ditch shall take place at our expense.
We further release the County of Weld, State of Colorado,
from any and all claims for damages for trespass arising from
the construction and maintenance of said drainage ditch across
the described land.
It is further expressly understood that this Agreement
shall be binding upon our heirs or successors in interests.
Bove 1820112
898 S W a -a
IN WITNESS WHEREOF, we have hereunto set our hands this
day of March, 1980.
Y O D F. LARSON
A'� C,�GF��✓ C j rte' /7J
A LEEN A. LARSON.
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
/7- -yet)
day of March, 1980 by Raymond F. Larson and Kathleen A.
Larson.
WITNESS my hand and official seal.
My commission expires My Cemnission expires Auoust 1, 1982
<vi e:1O Me).
Notary Public
J: G
mil. .•�,,
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. DEPARTMENT OF ENGINEERING
PHONE (303) 356-4000 EXT.421
P,O. BOX 758
C. GREELEY, COLORADO 80631
COLORADO
February 12, 1980
Mr. Ray 7arson •
Ray 7arson Realty
1002 31st Avenue
Greeley, Colorado 80631
Dear Mr. Tarson:
The Weld County Commissioners request your presence at a neeting to be
held on Monday, February 25, 1980 at 1:30 P.M. in Roan 316 at the Centennial
Building, 915 10th Street, Gic.cley, Colorado.
The above mentioned mooting is for the purpose of discussing the status of
Johnson Subdivision as to streets, bonds, drainage, etc. , and to bring the
file up-to-date.
Thank you for your cooperation in the above natter.
Sincerely,
Gi E. Olson
SnYr3ivision Administrator
GDD:sad
CC: Commissioner Bill Kirby
Chairman, Board of Weld County Ccnmissioners
Weld County Attorney
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