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RESOLUTION
RE: APPROVE AGREEMENT WITH WEST HILL-N-PARK, INC. , 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, to satisfy a Condition of Approval of the
Subdivision Plat for West Hill-N-Park, Third Filing, which states
that the developer agrees to construct and maintain a barrier on
47th Avenue north of Mesa Verde Drive, an Agreement has been
presented to the Board, and
WHEREAS, the terms and conditions are as stated in the
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement with
West Hill-N-Park, Inc. , 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 13th day of
November, A.D. , 1989.
�J BOARD OF COUNTY COMMISSIONERS
ATTEST: tOk4A &n.) WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boa d 4kQttTem
' , C irman
By• ,j nc n j Lac-4J
Deputy County erk
APPROVED AS TO FORM: ons ance L. Harbert
2/1
George REnnedy
ounty Attorney EXCUSED
Gordon E. Lacy
/// ,% ✓` s l• .�(/y Atiee. . 891196
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482200546
AGREEMENT
WHEREAS , West Hill-N-Park, Inc. has submitted a petition to
the Board of County Commissioners of Weld County for approval of
the Subdivision Plat for West Hill-N-Park, Third Filing; and
WHEREAS , as a condition of approval of said Plat Weld
cio County requires the erection and maintenance of a barrier to
o u vehicular traffic on 47th Avenue north of Mesa Verda Drive;
THEREFORE , in consideration of the approval of said
Subdivision Plat, West Hill-N-Park , Inc . , the developer , agrees
to construct a fence acceptable to the Commissioners , adequate to
o exclude vehicular traffic running from an existing fence corner
o x at the west quarter corner of Section 26 , Township 5 North, Range
a 66 West, thence East 350 feet more or less , thence North 100 feet
o0 more or less to an existing brick corner post.
A In consideration of the construction of such fence by West
x Hill-N-Park, Inc. , West Hill-N-Park Property Owners Association
1/40
hereby agrees to maintain said fence after its construction until
such time as 47th Avenue may be extended north through the
A location of said fence by action of the Weld County Board of
U County Commissioners . So long as West Hill-N-Park , Inc . owns
fifty percent or more of the lots in West Hill-N-Park Subdivision
°ti° H which are subject to the Amended Covenants or the Second Amended
Covenants , if West Hill-N-Park Property Owners Association should
u] fail to maintain the fence , West Hill-N-Park , Inc . shall be
A responsible for such maintenance.
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Nt. W
w In consideration of the Agreement to construct and
o z maintain said fence by West Hill -N-Park , Inc . and West
N z Hill-N-Park Property Owners Association, JER, a Partnership, the
0 owner of the land on which said fence is to be located, hereby
x consents to the construction of said fence , and grants to West
X Hill-N-Park Property Owners Association and West Hill-N-Park ,
Inc . a right-of-way for access to said fence for the purpose of
,~ ti maintaining the fence.
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This Agreement shall run in favor of Weld County, shall be
w W binding on the successors to the parties hereto , and shall be
enforceable by the Board of County Commissioners.
Dated this )' i day of November, 1989 .
JER, A PARTNERSHIP WEST HILL-N-PA;K, TNC.
B /) ;/ , ! i, (� By '— / ��
"Elmer E/Lukdvall , Roy Lundva 1, Pres ent
General Partner
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7-- --WEST HILL-N�P"ARK RO4ERTY
OWNERS ASS66CIATI \
O U ��
NO �y C� 1
Roy undval , r si ent
ATTEST: / r T.?l,ul}�F't.'3 BOARD OF C UNTY OMMISSIONERS
a 1
o 3 MARY ANN FEU RSTEIN
o x COUNTY CLERK
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Ox BY.. 5 a%. qike„... c.A.) By �/I i -t
U Clerk Chairman
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891196
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• LIND, LAWRENCE & OTTENHOFF
Al IURNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE --
P O.BOX 326
GREELEY.COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
�y
KENNETH E LIND 5 1989 (303)3532323
KIM R.LAWRENCE ,A DEC 003)356.9160
TELECOPIER
003)356-1111
December 14, 1989
Lee Morrison
County Attorney' s Office
Centennial Building
P.O. Box 1948
Greeley, CO 80632
RE: West Hill-N-Park Third Filing
Dear Lee:
Enclosed is the executed Agreement concerning the
construction and maintenance of a barrier across 47th Avenue.
Thank you for your assistance in this matter.
Yours very truly,
LINDA LAWRENCE T KOFF
e en off
GHO/en
Enclosure
891196
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21X Corporation
. •
• ARIX roeley, Arc Grand Scientists
• ,reeley,CO • Grand Junction,CO
'rovo, UT • Tempe,AZ • Riverton,WY
A Division of Versar, Inc.
A
October 24, 1989 0CT 2 `> 1989
Mr. Lee Morrison
Weld County Attorney' s Office
915 10th Street
Greeley, CO 80631
SUBJECT: WEST HILL N PARK THIRD FINING - FENCING AGREEMENT
ARIX PROJECT NO. 82102 .00
Dear Mr. Morrison:
Enclosed is the signed agreement required by the County
Commissioners. The barricade and fencing are in place; the school
bus turn around has been constructed; the contract to install and
maintain the Russian Olives is in place and the required notes have
been added to the plat.
Please schedule any necessary meetings or reviews, to complete the
filing of this project, as soon as possible .
If you have any questions, please give me a call .
Sincerely,
ARIX CorpAiration 11
Michael T. Thomas, L. S.
Project Manager
MTT/pt
xc : Lanell Curry, Weld County Planning
800 Eighth Avenue Greeley,CO 80631 303456-3930
c.A'.
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