HomeMy WebLinkAbout891309.tiff • •
RESOLUTION
RE: ACCEPT CERTAIN ROADS IN PARKLAND ESTATES FOR PARTIAL
MAINTENANCE
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners and The Parkland
Homeowners Association, Inc. , entered into an Agreement, pursuant
to the policy on collateral for subdivision improvements dated
October 17, 1984 , wherein The Parkland Homeowners Association,
Inc. , agreed to upgrade several streets and cul-de-sacs in
Parkland Estates Subdivision, including Anne Place, Sylvia Lane,
Barbara Circle, Doris Circle, Betty Place, Beverly Lane, Bonnie
Circle, Della Court, Edie Place, Cathy Lane, Sandy Circle, and
Clemma Court, and
WHEREAS, said streets and cul-de-sacs are located within the
Parkland Estates Subdivision, which is situated in the N} , Section
5, Township 1 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, the Weld County Engineering Department has certified
that said improvements to Parkland Estates meet County standards
for the purpose of acceptance for partial maintenance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the following streets
and cul-de-sacs, known as Anne Place, Sylvia Lane, Barbara Circle,
Doris Circle, Betty Place, Beverly Lane, Bonnie Circle, Della
Court, Edie Place, Cathy Lane, Sandy Circle, and Clemma Court,
located in Parkland Estates Subdivision, Weld County, Colorado,
be, and hereby are, accepted for partial maintenance as public
roads by the County of Weld, which partial maintenance may
included snow removal but shall exclude any repairs to the streets
and cul-de-sacs, including the roadway, shoulders, or drainage
ditches .
BE IT FURTHER RESOLVED by the Board that no sooner than nine
months after acceptance for partial maintenance of streets and
cul-de-sacs, the County Engineer shall , upon request by the
applicant, inspect the subject streets and cul-de-sacs and notify
the applicant of any deficiencies; the County Engineer shall
reinspect the streets and cul-de-sacs after notification from the
r HJ7 Y �� 891309
= /eke,,
I
Page 2
RE: PARTIAL MAINTENANCE - PARKLAND ESTATES SUBDIVISION
applicant that any deficiencies have been corrected. If the
County Engineer finds that the streets and cul-de-sacs are
constructed according to County standards, he shall recommend
acceptance of the streets and cul-de-sacs for full maintenance.
Upon receipt of a positive unqualified recommendation from the
County Engineer for acceptance of said streets and cul-de-sacs,
the Board of County Commissioners shall accept said streets and
cul-de-sacs as public facilities and County property, and shall be
responsible for the full maintenance of said streets and
cul-de-sacs including repair.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
December, A.D. , 1989 .
. , BOARD OF COUNTY COMMISSIONERS
ATTEST: �'wwte IJ WELD COUNTY, COLORADO
Weld County C erk and Recorder r�//,
and Clerk to the Board C. kir y, C irman
EXCUSED DATE OF SIGNING - AYE
BY: Gene R. Brantner, Pro-Tem
Deputycounty C erk /
APPROVED AS TO FORM: Constance L. bert
eorge e edy
E ' ,
County Attorney
Gord acy
891309
mEmORAnDum
h Bruce Barker,
WilkAssistant County Attorney December 6, 1989
To Donald Carroll, Administrative Manager Ip
COLORADO From
Paving Parkland Estates, Remaining Roadway/tiu1-de-sac
Subject:
Work was started November 13, 1989 with grading and staking of the roadway
and cul-de-sac.
Five inches of base was placed and compacted, along with final shaping,
basing, and recompacting ahead of the paver.
The roadway and cul-de-sac received 2" of Grading EX 1/2" asphalt mix over
5" of A.B.C. Class 6 base, 24' wide with 40' radius cul-de-sac.
Weld County and Empire Laboratories provided field density and asphalt
compaction using nuclear gauges. Paving was completed December 4, 1989.
Four foot finish shouldering is being done today to complete the project.
The Weld County Engineering Department has certified that said
improvements to Parkland Estates meet County standards for the purpose of
acceptance for partial maintenance.
•
DC/mw:mwmpe
cc: Commissioner Lacy
Subdivision File - Parkland Estates
891309
� d
RESOLUTION
RE: ACCEPT 1 .02 MILES OF RUE DE TRUST, BETWEEN WELD COUNTY ROADS
3 AND 5 IN PARKLAND ESTATES SUBDIVISION, FOR FULL MAINTENANCE
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 Engineering Department has recommended that the
Board accept 1 .02 miles of Rue De Trust, between Weld County Roads
3 and 5 in Parkland Estates Subdivision, for full maintenance, and
WHEREAS, after study and review, the Board deems it advisable
to accept said portion of Rue De Trust for full maintenance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the 1 .02 miles of Rue
De Trust, between Weld County Roads 3 and 5 , in Parkland Estates
Subdivision be, and hereby are , accepted for maintenance by Weld
County, Colorado.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
December, A.D. , 1988 .
t—
n C.2BOARD OF COUNTY COMMISSIONERS
ATTEST: f % ?t.�'� ontk?tom,; WEL NTY, COLORADO
A r
Weld County Clerk and Recorder //i0L
and Clerk to the Board ene R. Brantne , Chairman
1/2
BY: .Cjjt//. -CZ& C. ^ ` Kirby, Pr•.-Tem
Deputy Coun y flierk
APPROVED AS TO FORM: ac:uel a Jo n •on
EXCUSED
Gordon E. Lacy
County Attorney -%Ots . 4-0-8
Frank Yamaguchi
891309
/ : c . 881189
Y
• DEPARTMENT OF ENGINEERIP
{ PHONE(303)356-41
rt\ P.O.BOX',
TTtoit440.` GREELEY,COLORADO 80!
J
COLORADO
September 22 , 1987
Mark Williams
Parkland Homeowners Association
4732 Sylvia Lane
Erie, CO 80516
RE: Acceptance by the Weld County Engineer of Rue-de-Trust Avenue
for Partial Maintenance by Weld County, Colorado.
Dear Mr. Williams:
It is my understanding that Rue-de-Trust Avenue in the Parkland
Estates Subdivision was paved on October 24 , 1986 . The paving of
Rue-de-Trust was completed in accordance with the October 17 ,
1984 , Addendum to the original Subdivision Agreement.
Please note that paragraph 5 .3 of the original Subdivision
Agreement required the Subdivider to request in writing that the
Weld County Engineer inspect the completed streets and accept them
for partial maintenance by Weld County. Paragraph 5 . 3 goes on to
say that nine months after the initial acceptance, the County
Engineer then inspects the subject streets and notifies the
Subdivider of any deficiencies. If the County Engineer finds that
the streets are constructed in accordance with County standards,
he then recommends the acceptance of the streets for full
maintenance to the Board of County Commissioners of Weld County.
Please also note that the second paragraph on page 3 of the
Security and Escrow Agreement between the Parkland Homeowners
Association, Inc. , and the County of Weld, states the following:
"At such time as there is furnished to the
County a written certification from licensed
consulting engineers showing that Parkland has
completed a phase of the asphalt paving as
required by the Subdivision Agreement, as
amended, the County shall accept the completed
phase for partial maintenance as set forth in
Section 5 . 3 of the Subdivision Agreement. "
891309
•
A copy of Section 5 .3 of the original Subdivision Agreement and a
copy of the Security and Escrow Agreement are attached hereto.
To date, I have received neither the writing as required by
Section 5.3 of the original Subdivision Agreement, nor the written
certification from licensed consulting engineers as required on
page 3 of the Security and Escrow Agreement. Please be informed
that I will require strict compliance with the sections contained
in these documents, and therefore, no partial maintenance of
Rue-de-Trust Avenue by Weld County will begin unless and until the
required writings are received by this office .
Please call me at 356-4000 , extension 4750 , if you should have any
questions concerning this letter.
'eTy u Y s,
Drew Scheltinga
Weld County Engineer
DS : ss
xc: Tom Ayers , Esq.
Clanahan, Tanner, Downing & Knowlton
Attorneys at Law
1655 Grant Street
Denver, CO 80203
Bruce T. Barker
Assistant Weld County Attorney
891309
5.3 Acceptance for Partial Maintenance: Upon the completion
of the construction of streets within a subdivision
according to Weld County Specifications, the Subdivider
shall request in writing that the County Engineer inspect
said streets and accept them for partial maintenance
by the County. Partial maintenance consists of all
maintenance except for actual repair of streets, curbs •
and gutters and related street improvements. The County
Engineer shall accept streets for partial maintenance for
a period of one year. Nine months after initial acceptance,
the County Engineer shall inspect the subject streets,
and notify the Subdivider of any deficiencies. The
County Engineer shall reinspect the streets after notif-
ication from the Subdivider that any deficiencies have
been corrected. If the County Engineer finds that the
streets are constructed according to County standards,
he shall recommend the acceptance of the streets for full
maintenance to the Board of County Commissioners.
5.4 Acceptance of Streets for Full Maintenance: Upon
receipt of a recommendation from the County Engineer for
acceptance of streets. within the subdivision, the Board
• of County Commissioners shall accept such streets as
public facilities and County Property, and shall be
responsible for .the full maintenance of such streets
including repair.
6. In addition to those items of work shown either on the final
working drawings/specifications , or on the final plat or on the final
Unit Development Plans Subdivider shall cause the following matters to
8391309
be completed as an integral part of the improvements to be installe
and !ters and related street imprWements. The County
Engineer shall accept streets for partial maintenance for
a period of one year. Nine months after initial acceptance,
the County Engineer shall inspect the subject streets,
and notify the Subdivider of any deficiencies. The
• County Engineer shall reinspect the streets after notif-
ication from the Subdivider that any deficiencies have
been corrected. If the County Engineer finds that the
streets are constructed according to County standards ,
•
he shall recommend the acceptance of the streets for full
maintenance to the Board of County Commissioners.
5.4 Acceptance of Streets for Full Maintenance: Upon
receipt of a recommendation from the County Engineer for
acceptance of streets. within the subdivision, the Board
of County Commissioners shall accept such streets as
•
public facilities and County Property, and shall be
responsible for .the full maintenance of such streets
• including repair.
6. In addition to those items of work shown either on the final
working drawings/specifications , or on the final plat or on the final
Unit Development Plans Subdivider shall cause the following matters to
be completed as an integral part of the improvements to be installed
at Subdivider's cost:
6.1 The Erie Coal Creek Ditch shall be fenced on both sides
with a six foot chain link fence to be completed before
the issuance of any building permits , and shall include
two gates at each end located:at County Road 3 and County
Road 12.0 •
891309
-4-
litCURITY AND ESCROW AGREEMENT
r0
o0 -
0
� 0
0
❑ THIS SECURITY AND ESCROW AGREEMENT is made and entered into
a
ow
0 3 this 17th day of October, 1984, by and between THE PARKLAND
c
zHOMEOWNERS ASSOCIATION, INC. , a Colorado corporation (hereinafter
0
x called "Parkland") , and COUNTY OF WELD, STATE OF COLORADO, by and
(N
: w through its Commissioners (hereinafter called the "County") .
� x
a RECITALS
w
as
co U 1 . Contemporaneously herewith, the County and Parkland
nz
w have entered into that certain Assumption of Subdivision
-+ F
.� a Agreement whereby Parkland has agreed to assume and perform the
VD w obligations of Parkland Estates , Inc. , a Colorado corporation,
0
CD z my under that certain Subdivision Agreement dated September 19 ,
-- a
1977 , amended by Addendum recorded October 11, 1978 in Book 847
<
z as Reception No. 1769379 ; Addendum recorded March 5 , 1979 in Book
mcc
CID
861 as Reception No. 1783448 ; Amendment to Deed of Trust recorded
February 25 , 1980 in Book 896 as Reception No. 1817852; Amendment
to Deed of Trust recorded May 6, 1982 in Book 967 as Reception
No. 1890825; and Escrow Agreement recorded July 11, 1983 in Book
1001 as Reception No. 1933092 (hereinafter, the "Subdivision
Agreement") , providing for, among other things, the construction
of certain paved roads within the Parkland Estates Subdivision,
Weld County, Colorado.
2 . Pursuant to paragraph 7 of the September 19 , 1977,
Subdivision Agreement, As Amended, the County has the right, from
time to time, to request a security interest in collateral to
891309
o secure the performance of the obligations uncier the Subdivision
•' O
Agreement.
io
o
3 . As a condition to approval of that certain Addendum to
❑
w the Subdivision Agreement dated October 17 , 1984 , and as a
iw condition to approval of the .Assumption of Subdivision Agreement,
the County has required that certain security hereinafter set
o
forth be received by it to insure completion of of the work to be
o performed under the Subdivision Agreement.
✓ a WHEREFORE, in consideration of the mutual covenants
bU
a z hereinafter set forth the parties agree as follows:
ti H
'' F 1 . Parkland is the owner in fee of the real estate
-4m
described in that Deed of Trust for the County' s benefit attached
▪ w
• w hereto as Exhibit "A" and by reference made a part hereof.
mz
rn z
Contemporaneously with the execution of this Agreement, Parkland
m a shall execute and deliver to the County said First Deed of Trust
E
• a+ in the amount of TWO HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED
o
c CO
FOURTEEN AND NO/100ths DOLLARS ($242, 514 . 00) to be held by the
m w
County as security for Parkland' s performance of the remainder of
the work to be performed under the Subdivision Agreement as
amended. Parkland agrees that the "net sale proceeds" received
from the sale of each lot described in Exhibit "A" will be placed
in an interest-bearing account to be titled the Parkland Estates
Escrow Account. Said Escrow Account shall be opened as soon as
practicable after execution of this Agreement and shall require
the signature of the Chairman of the Board of County
Commissioners and the President of Parkland to accomplish
withdrawals. Any minimum deposit to open said Escrow Account
-2- 891309
•
' shall be furnished y Parkland. The purpose. the Deed of Trust
and Escrow Account will be to assure the County that Parkland
, p
DU
will complete the work required by the Subdivision Agreement as
• o
amended by Addendum dated October 17 , 1984 . For purposes of this
> w Security and Escrow Agreement, "net sale proceeds" shall mean all
) 3
cash paid to Parkland from the sale of each lot shown on Exhibit
"A" attached hereto less all ordinary expenses of sale and real
Q z estate commissions. Excluded from "net sale proceeds" shall be
. 0
any amounts necessary to satisfy any indebtedness incurred by
✓ 4 Parkland Parkland to Frontier Materials , Inc. under that certain agreement
o
Dz dated August 27 , 1954 , by and between Parkland and Frontier
H
Materials, Inc. , any taxes attributable to the lot, and Left nand
a
✓ ^ Water District connection feca attributable to the lot, if any.
J W
c44
At such time as there is furnished to the County a written
• z
h
- 4 certification from licensed consulting engineers showing that
Parkland has completed a phase of the asphalt paving as required
cf
ma by the Subdivision Agreement as amended, the County shall accept
r
: m
^ the completed phase for partial maintenance as set forth in
) w
Section 5 . 3 of the Subdivision Agreement. Upon the acceptance of
a completed paving phase for partial maintenance, the County may
release to Parkland a portion of the aforesaid Escrow Account
according to the recommendations of the Weld County Department of
Engineer Services. Upon the acceptance of the street for full
maintenance as set forth in Section 5. 4 of the Subdivision
Agreement, the County shall release to Parkland all funds in the
Escrow Account, and the Deed of Trust attached as Exhibit A.
-3- 891399
Provided, that if Parkland shall faillto complete the
asphalt paving of each phase as required by the October 17, 1984
Addendum to the Subdivision Agreement, then the County may, at
r0
0 0 its option, but shall be under no obligation to do so, complete
Nr
such phase of paving using the whole or any portion of funds in
w the Escrow Account for that purpose; and, the County shall also
o
og
o c be entitled, (without being under any obligation to do so) to
v} w
a foreclose on the aforesaid First Deed of Trust and use the
0
proceeds derived from said foreclosure to complete such work.
N CL
r-�
' Any work completed by the County shall be done in accordance
-. x
with plans and specifications heretofore previously approved by
cr
the County Engineering Department.
2
ti H
w If it becomes necessary for the County to complete any of
-4r
H
CC the work contemplated hereunder, the County shall, prior to
c w embarking upon completion of such work, give to Parkland, c/o
c• z
^ z Mark Williams, 4732 Sylvia Lane, Erie, Colorado 80516 , written
notice by Certified Mail, Return Receipt Requested, at least
z thirty (30) days in advance of the date on which the County
D• o intends to commence completion of such work. During the thirty
4
3 4 (30) day period, if Parkland either commences completion of the
work or establishes with the County a reasonable schedule for the
completion of such work, (reasonable meaning satisfactory to the
County' s engineer) the County shall permit Parkland to complete
such work and no demand will be made by the County on the Escrow
Account, nor shall any foreclosure as allowed aforesaid be
commenced.
-4- 8913'19
Any excess proceeds, after use for pavinn by the County of
the proceeds in the Escrow Account and those proceeds derived
from foreclosure, shall be returned to Parkland.
p 2. As additional security for the performance of Phase II
U
• o of the work required to be performed under the October 17, 1984
U
Addendum to the Subdivision Agreement, Parkland also
a
) simultaneously herewith delivers to the County an Irrevocable
Letter of Credit from the United Bank of Denver, National
3
U Association, in the principal amount of NINETY THOUSAND DOLLARS
i ($90 , 000 . 00) . Said Letter of Credit is attached hereto as
. a
+ Exhibit "B" . If Parkland shall fail to complete the asphalt
; paving of Rue De Trust on or before November 1, 1986, then the
0
: ,z-, County may, at its further option, but shall be under no
+
• w obligation to do so, complete such asphalt paving of Rue De Trust
✓ w by drawing on the Letter of Credit to the extent necessary to
Dw
Z complete the paving after first having exhausted all available
funds in the Escrow Account, and without the necessity of
) a
resorting to foreclosure against the properties described in the
'T attached Exhibit "A" for that purpose. If it becomes necessary
m
for the County to draw upon the Letter of Credit to complete any
w
of the work contemplated hereunder, the County shall, prior to
drawing upon such Letter of Credit, give to Parkland, c/o Mark
Williams , 4732 Sylvia Lane, Erie, Colorado 80516, written notice
by Certified Mail, Return Receipt requested, at least ten (10)
days in advance of the date on which the County intends to draw
upon the Letter of Credit. During the ten-day period, after
notice is received, if Parkland posts a cash bond with the County
-5- 891309
•
in an amount equilent to the reasonably anticipated draw on the
Letter of Credit as estimated by the County Engineer, then the •
County shall refrain from exercising its rights under the Letter
r o of Credit and shall resort instead to the cash bond under the
• o same terms and conditions as the Letter of Credit.
U
o 3. The County hereby agrees to subordinate the interest
s granted to it by the Deed of Trust attached hereto as Exhibit "A"
- N
n a to the interest or interests , on a phase by phase basis, given by
U
Parkland to Frontier Materials, Inc. pursuant to the Agreement
N a
dated August 27, 1984 , by and between Parkland and Frontier
O
Materials , Inc. To accomplish the subordination of its
ca
ci interests , the County agrees to execute a Subordination
o z
~ H Agreement, for each phase, in the form attached hereto as
~ E
- c Exhibit "C" .
c 4 . Upon final acceptance by the County of all the streets
a
n z required to be paved under the Subdivision Agreement as amended
by the Addendum dated October 17, 1984 , the County agrees to
•
c < release the security granted hereunder for the performance of
n cn
• m Parkland under the Subdivision Agreement, including any funds
cw remaining in Escrow and its Deed of Trust on all remaining unsold
lots owned by Parkland within the Subdivision.
5 . This Security and Escrow Agreement is intended to
replace and supersede all previous escrows , Deeds of Trusts, and
other security agreements between the County and Parkland
Associates, Inc. and/or Parkland Estates , Inc. To fulfill this
intention, the County agrees to execute the attached Releases of
Deed of Trust identified as Exhibits "D" and "E" , as well as the
-6- 891339
•
savings withdrawal lip for the Escrow Account formerly
established at the United Bank of Broomfield, account no. 803062,
attached as Exhibit "F" , and any other additional documents
- c reasonably required in the future to release all security
D U
; o interests previously granted to the County as security for the
U
performance of the Subdivision Agreement.
o
a
IN WITNESS WHEREOF , the parties have hereunto set their
h hands and seals on the date hereinabove first written.
a
O
U
C4 BOARD OF COUNTY COMMISSIONERS
▪ w WELD COUNTY, COLORADO
W ATTEST.:11-e . c�? `- _
o4.3•1:e.
▪ a • • / `' [JJ :Lt.ti%"? -
Chairman
° zy WED TY D flK & RECORDER
`
R' BOARD
WBY�=�/7fy�����1 4/
co
co
m z PARKLAND HOMEOWNERS
c
ASSOCIATION, INC.
r
u cc
a• x By: 9 5 -�{
• .4.
President
c .-k
cw
m c..
STATE OF COLORADO
ss.
COUNTY OF /2f/jt-1 )
c . .....1{f `'for going was subscribed and sworn to before me in the
C u 'tole: , State o olorado, tY)is / a day of
: , 1484, by �/
.c.:L PY. jiq f PARKLAND HOMEOWNERS ASSOCIATION, INC. -
p Jetif.ririD§ my hand and official/seal.
Myobmnission expires : ��ot6
( _
j 'ctary Public
JTAJB2 p
-7- 89 .3 9
Hello