HomeMy WebLinkAbout890292.tiff RESOLUTION
RE: APPROVE AGREEMENT REGARDING IMPROVEMENTS TO WELD COUNTY ROAD
29 (71ST AVENUE) WITH GILFORD E. ALEXANDER, MILDRED E.
ALEXANDER, AND SHARON K. ALEXANDER AND AUTHORIZE CHAIRMAN TO
SIGN
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 has been presented with an Agreement
Regarding Improvements to Weld County Road 29 (71st Avenue)
between Weld County and Gilford E. Alexander, Mildred E.
Alexander, and Sharon K. Alexander, and
WHEREAS, the terms and conditions are as stated in said
Agreement, and
WHEREAS , after study and review, the Board deems it advisable
to approve said Agreement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement
Regarding Improvements tc Weld County Road 29 (71st Avenue)
between Weld County and Gilford E. Alexander, Mildred E.
Alexander, and Sharon K. Alexander be , and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
March, A.D. , 1989 .
�I L BOARD OF COUNTY COMMISSIONERS
ATTEST: � � J WELD COUNTY, COLORADO
Weld County Clerk and Recorder el/71/4___
and Clerk to the Board C.W. Kirbyirman
x
tlf
__ erm yy�_e e_ ti (Ja gue ine Jhh�ChhJJnson, Pro-Tem
eputy County Clerk
EXCUSED
APPR VED AS TO FORM: Gene R. Brantner
Cilli
George] Kennedy
_____L _.. .1 .1_______Ift :-It.i
County Attorney 2-s.,:?!,;,,,- 6' a
Gordon E. de
(6) cf 9 890292
cp
AGREEMENT REGARDING IMPROVEMENTS TO WELD COUNTY ROAD 29
(71ST AVENUE)
THIS AGREEMENT, made and entered into this 29th day of
March , 19 89 , by and between THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO, hereinafter
called "County" , and GILFORD E. ALEXANDER, MILDRED E . ALEXANDER,
AND SHARON K. ALEXANDER, hereinafter called "Alexanders" .
WITNESSETH:
WHEREAS, Alexanders are the owners of properties located in
Part of the Southwest Quarter of Section 16 , Township 5 North,
Range 66 West of the 6th Principal Meridian, Weld County,
Colorado, known as Lots 1 through 3 , inclusive , and Lots 6 through
8 , inclusive, of Block 1 , and Lots 1 through 3 , inclusive, and
Lots 5 through 7 , inclusive, of Block 2 , of the Peterson-Alexander
Subdivision, recorded at Book 918 , Reception Number 1840116 , of
the records of the Weld County Clerk and Recorder, which property,
included platted streets, consists of 17. 095 acres , more or less,
and
WHEREAS, said subdivision was approved by the Board of County
Commissioners on April 9 , 1979 , and
WHEREAS, no residential improvements exist on any of the Lots
listed herein and improvements would be required to be provided by
the Alexanders before the lots could be developed for residential
purposes in the nature of construction of roadways with associated
drainage structures and water service facilities , and
WHEREAS , the original approval of the Final Plat required
that a $32 , 047 .50 bond be posted by the developer for roadways but
did not cover water service facilities , and
WHEREAS, there has been no development of the Subdivision,
and the costs of road improvements have substantially increased
since April 9 , 1979 , and
WHEREAS , a Subdivision Improvements Agreement was executed
but the Agreement is inadequate to secure the current costs of
development and the bond has expired , and
WHEREAS , there is currently pending a Petition for the
formation of a local improvement district for the paving of Weld
County Road 29 , also known as 71st Avenue , between U.S . 34
business route and U.S. 34 bypass , as well as certain improvements
in the Knaus Subdivision, and
Page 1 of 4 Pages 890292
WHEREAS , the property owned by the Alexander will be
benefitted by the improvements to 71st Avenue , only if residential
improvements are made to those Lots , and
WHEREAS, the parties contemplate that roadway and water
service improvements will be made and guarantees posted before
those lots are made available as individual residential building
sites .
WHEREFORE, in consideration of the mutual covenants described
herein, the parties agree as follows :
a . Alexander agrees , prior to the commencement of
construction of any public or private improvements on or
benefitting Lots 1 through 3 , inclusive, and Lots 6 through 8 ,
inclusive, of Block 1 , and Lots 1 through 3 , inclusive, and Lots 5
through 7 , inclusive, of Block 2 , Peterson-Alexander Subdivision,
or the sale of individual lots of Lots 1 through 3 , inclusive, and
Lots 6 through 8 , inclusive, of Block 1 , and Lots 1 through 3 ,
inclusive, and Lots 5 through 7 , inclusive, of Block 2 , in
Peterson-Alexander Subdivision to resubmit a Subdivision
Improvements Agreement according to the Weld County Collateral
Policy, which agreement shall provide that the Alexanders post
collateral in an amount equal to the estimated costs of
construction of all roadway improvements and any associated
drainage structures as shown on the plat of the Subdivision. The
Alexanders shall have the option of agreeing to post collateral
for the water service improvements or making those improvements as
set forth in the original subdivision approval. "Sale of
individual lots" shall include , but not be limited to , any
conveyance by deed, contract for sale, or a lease , not exclusively
made for farming purposes , of any of the above-listed lots within
the Subdivision. This definition excludes any sale of the lots in
one transaction and excludes any transaction in the nature of a
deed of trust or mortgage .
b. That Alexanders agree to join in the Petition for the
improvements to 71st Avenue for all lots owned by the Alexanders
within the Subdivision.
c. That the County, if the local improvement district for
the improvements to 71st Avenue is approved and created, agrees to
initially pay as a County share of the local improvement district,
the assessment to be imposed on Lots 1 through 3 , inclusive , and
Lots 5 through 8 , inclusive , of Block 1 , and Lots 1 through 3 ,
inclusive , and Lots 5 through 7 , inclusive , of Block 2 , of
Peterson-Alexander Subdivision.
d. Prior to the issuance of any building permits on Lots 1
through 3 , inclusive , and Lots 6 through 8 , inclusive , of Block 1 ,
and Lots 1 through 3 , inclusive and Lots 5 through 7 , inclusive ,
Page 2 of 4 Pages ,,.10232
of Block 2 , of the Subdivision, or the commencement of any
construction of roads or water improvements on said lots of the
Subdivision, Alexanders agree to reimburse, with no interest
charge , County for the assessment paid by the County for the Lots
described in this paragraph d.
e. This Agreement shall in no way obligate the Board of
County Commissioners to create the local improvement district for
the improvement of 71st Avenue, but shall become effective upon
creation of same.
f. This Agreement shall not be deemed to have amended or
altered the previous Subdivision Final Plat approval except as
specifically set forth herein.
g. This Agreement shall be binding upon the heirs ,
executors , personal representative, successors , and assigns of the
parties, and upon recordation, shall be deemed a covenant running
with the land herein described and shall be binding upon the
successors in ownership of said land.
DATED this 29th day of March , 19 89 .
ATTEST: claciA& J BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
Weld County C erk and Recorder COLORADO
and Clerk to the Boaxd
By: 15T,,..
� By JC�I Chairman
deputy County Glerk
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledg d before me on this
day of CkG.rc� , 1937 , by LOT.LFoRi E . AL XHN�
WITNESS my hand and official seal.
Notary Puclic j 7pe ,13-& Q3/4•-*,
My commission expires : �e�� Cv �'o�j1
acs eta, 155d
890292
Page 3 of 4 Paaes
w
Gilfor E. Alexa der
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledge before me on this
a-e r day of (AC-4cLaj , 19 L3 I , by �'Pc&D E Hsu mrJ cv2.,
WITNESS my hand and official seal .
&Dc
Notary Publi riot -L
My commission expires : ,,U ,e(3 sobs/
-C+J <la 19 i0
` �Y
Mildred E. Alexander
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on this
--)4“ day of N) au,n,4 , 19 gy , by
WITNESS my hand and official seal.
No ary Public
My commission expires :
My Commission Expires June 8, 1990
Sharon K. Alexander, n/k/a
Sharon O'Connell
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on this
day of rill A CS C , 19 , by
WITNESS my hand and official seal .
khothuf
Notary Public
My commission expires :
D0NK L*RAM
IWO MC,RbW M Mw 1M
WNW Saw et 830292
pE «12 � Page 4 of 4 Pages
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