HomeMy WebLinkAbout890144.tiff RESOLUTION
RE: APPROVE AGREEMENT REGARDING IMPROVEMENTS TO WELD COUNTY ROAD
29 (71ST AVENUE) WITH UNION COLONY BANK 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 Union Colony Bank, 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 to Weld County Road 29 (71st Avenue)
between Weld County and Union Colony Bank 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 6th day of
February, A.D. , 1989 .
�J• / . 1 BOARD OF COUNTY COMMISSIONERS
ATTEST: "'�wvkj&A" WELD COUNTY, COLORADO
Weld County Clerk and Recorder A/M//1-•
and Clerk to the Board C.W. Kirby, Chairman leteitj-BY- dTadquO nsoo-Tem
Deputy County lerk �J
APPR VED S TO FORM: Gene R. Brantner
C �� lLc� George i
�`rge Kin _
ounty Attorney
Gor
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5ii- COq,3 i ;. �,' iy 890144
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ARc17!9444
AGREEMENT REGARDING IMPROVEMENTS TO WELD COUNTY ROAD 29
(71ST AVENUE)
THIS AGREEMENT, made and entered into this �� day of
Ah�Rr(L , 19 , by and between THE BOARD OF COUNTY
COMMISSIONER OF WELD COUNTY, STATE OF COLORADO, hereinafter
called "County" , and UNION COLONY BANK, hereinafter called "Bank" .
WITNESSETH: spy
r
WHEREAS, Bank is the owner of properties located in Part of o nN
the Southwest Quarter of Section 16 , Township 5 North, Range 66
West of the 6th Principal Meridian , Weld County, Colorado, known as Lots 2 through 9 , inclusive, of the Bird Subdivision, recorded
at Book 869 , Reception Number 1791238 , of the records of the Weld o
County Clerk and Recorder, which property consists of 10 . 621 z
acres, more or less , and z
0
WHEREAS, said subdivision was approved by the Board of County c a
Commissioners on March 14 , 1979 , and
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WHEREAS, no residential improvements exist on Lots 2 through
9 and certain improvements including roads , drainage, and water z
system improvements would be required to be provided by the Bank
before the lots could be developed for residential purposes , and n �
WHEREAS, the original approval of the Final Plat required
that a $12 , 900 . 00 bond be posted by the developer for road m o
improvements , and a
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WHEREAS, a bond in the same amount was required to be
submitted in order to secure development of those improvements, o
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which bond was submitted but has expired, and
WHEREAS , a Subdivision Improvements Agreement was tendered by • o
the original developer, but the Agreement apparently was never
executed, and
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WHEREAS, there has been no development of the Subdivision,
and the costs of road improvements have substantially increased • o
since March 14 , 1979 , and o
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
WHEREAS , the property owned by the Bank will be benefitted by
the improvements to 71st Avenue, only if residential improvements
are made to those Lots , and
Page 1 of 3 Pages 890144
WHEREAS , the parties contemplate that road,-__drainage, and
water system 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 : m w
or
a. Bank agrees , prior to the commencement of construction o ,^;
of any public or private improvements or the sale of any u, a
individual lots in Bird Subdivision, Lots 2 through 9 , inclusive, 04
to resubmit a Subdivision Improvements Agreement according to the z n
Weld County Collateral Policy, which agreement shall provide that K O
the Bank post collateral in an amount equal to the estimated costs r m
of construction of all roadway improvements as shown on the plat z t
of the Bird Subdivision. The Bank shall have the option of i7J .
agreeing to post collateral for the other drainage and water Pla
system improvements or making those improvements as set forth in a
the original subdivision approval. "Sale of individual lots" m o
shall include, but not be limited to, any conveyance by deed , A IQ
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contract for sale, or a lease, not exclusively made for farming r-io
purposes , of any of Lots 2 through 9 . This definition excludes z
any sale of Lots 2 through 9 , inclusive, in one transaction and tnicc
excludes any transaction in the nature of a deed of trust or tx
m
mortgage. N o
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b. That Bank agrees to join in the Petition for the a
Pd improvements to 71st Avenue for all eight lots owned by the Bank m 1O
within the Subdivision. n
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c. That the County, if the local improvement district for �tA
the improvements to 71st Avenue is approved and created, agrees to x 0
initially pay, as a County share of the local improvement o
district, the assessment to be imposed on all lots within Bird r
Subdivision, excluding the assessment on Lot 1 . 0
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d . Prior to the issuance of any building permits on Lots 2
through 9 of the Subdivision, or the commencement of any n o
construction of roadway, drainage , or water service improvements o W
within the Subdivision, Bank agrees to reimburse County for the
assessment paid by the County under paragraph c. herein .
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.
s90144
Page 2 of 3 Pages
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 theEii to
successors in ownership of said land. O F,
N CO
DATED this 6th day of February , 19 89 m
Iv
ATTEST: f J Y" g ,x'11.4. c� t� .. BOARD OF COUNTY COMMISSIONERS t
1 /f, OF WELD COUNTY, STATE OF
Weld Cofinyy, leYk\9z1d Recorder COLORADO 71 o
and Cl iiki tp tk'e 0o z "
Chairman ti a
eP.y r fltBy: ze:///zet,-‘r Z ---J
Y' rk CI
a a
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STATE OF COLORADO ) H N
ss. � �
COUNTY OF WELD ) z 1/40
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The foregoing instrument was acknowledged before me on this
/ ` day of as a_,m,__s , 19 R q , by /' Z7„(i;'rA y W
0
WITNtinty hand and official seal. a, ••
f NNN rs n
``' �TA'Qy •
': ? otary Public o
iston expires: -En.
UNION COLONY BANK
p,'My,•Compa}(., .;"moire,June 8, 1990 o
n
ow
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Title o w
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The eregoing instrument was acknowledged before me on this
Y _
a i4 . 7-1.41_477-1.41_47 , 19 i9 , by . (412e. .
�i *rASgr ,''{ny ,hand and official seal .
4-)--e-
41:**.P 11 B Ot •p ,` Notary Pub1Qc / 70 / a 3,c_.2 ' O.-,,,,_e_,
�tfNty...com •scion expires : ft , , p C'_ ' 80 3/
69y Commission expel Dec.3,t991
890144
Page 3 of 3 Pages
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